As Reported by Joint Select Committee 1
123rd General Assembly 4
Regular Session H. B. No. 471 5
1999-2000 6
REPRESENTATIVES HARRIS-THOMAS-SENATORS GARDNER-RAY-JOHNSON 8
_________________________________________________________________ 9
A B I L L
To amend sections 9.55, 101.39, 109.65, 109.85, 12
109.86, 117.10, 117.45, 121.37, 121.40, 122.16, 14
122.19, 122.23, 123.01, 124.11, 124.14, 124.324,
125.30, 126.07, 131.11, 131.41, 135.81, 135.96, 16
145.27, 149.43, 153.39, 169.02, 169.03, 169.08, 17
173.03, 173.17, 173.35, 173.40, 176.05, 307.01, 19
307.441, 307.98, 329.01, 329.02, 329.021,
329.022, 329.023, 329.03, 329.041, 329.042, 20
329.051, 329.07, 329.10, 329.12, 329.14, 331.02, 21
331.06, 742.41, 1347.08, 1553.10, 1701.86, 22
1702.47, 1703.17, 1729.55, 1743.05, 1751.01, 23
1751.11, 1751.12, 1751.13, 1751.20, 1751.31, 24
1925.04, 1925.13, 1925.18, 2101.11, 2101.16, 25
2113.06, 2151.152, 2151.232, 2151.281, 2151.353, 26
2151.36, 2151.39, 2151.412, 2151.413, 2151.416, 27
2151.421, 2151.43, 2151.49, 2151.86, 2301.35,
2301.356, 2301.358, 2301.36, 2301.37, 2301.371, 29
2301.372, 2301.373, 2301.374, 2301.375, 2301.43,
2305.26, 2317.56, 2705.031, 2715.041, 2715.045, 30
2716.13, 2744.05, 2913.40, 2949.26, 2950.11, 31
2950.13, 2951.02, 2953.51, 3101.01, 3107.013, 32
3107.031, 3107.032, 3107.051, 3107.062, 3107.063,
3107.064, 3107.065, 3107.071, 3107.081, 3107.082, 33
3107.083, 3107.09, 3107.091, 3107.10, 3107.12, 34
3107.13, 3107.141, 3107.17, 3107.39, 3109.05, 35
3109.15, 3109.16, 3109.18, 3109.401, 3111.03, 36
3111.06, 3111.07, 3111.09, 3111.20, 3111.21,
3111.211, 3111.22, 3111.23, 3111.231, 3111.24, 37
2
3111.25, 3111.27, 3111.99, 3113.04, 3113.07, 38
3113.09, 3113.16, 3113.21, 3113.211, 3113.212,
3113.213, 3113.214, 3113.215, 3113.216, 3113.99, 39
3115.21, 3115.31, 3301.15, 3301.32, 3301.53, 40
3301.57, 3301.581, 3301.59, 3304.231, 3307.21,
3309.22, 3313.714, 3313.715, 3314.08, 3317.029, 41
3317.06, 3317.064, 3317.10, 3319.089, 3321.18, 42
3323.021, 3331.04, 3335.24, 3354.21, 3501.01, 44
3599.45, 3701.023, 3701.241, 3701.78, 3701.80,
3702.55, 3702.74, 3705.07, 3705.09, 3705.091, 45
3705.10, 3721.011, 3721.022, 3721.071, 3721.08, 46
3721.12, 3721.14, 3721.15, 3721.19, 3721.51,
3721.511, 3721.52, 3721.53, 3721.54, 3721.55, 47
3721.56, 3721.57, 3721.58, 3722.04, 3722.15, 48
3722.16, 3724.12, 3727.13, 3727.17, 3729.02,
3729.11, 3729.14, 3729.18, 3729.21, 3729.24, 50
3729.26, 3729.61, 3733.49, 3737.22, 3737.65,
3750.02, 3770.071, 3781.06, 3781.10, 3793.051, 53
3793.07, 3793.15, 3923.50, 3924.42, 3924.47,
3929.721, 4109.01, 4109.05, 4109.08, 4109.11, 54
4109.12, 4109.13, 4109.21, 4111.01, 4111.03, 55
4111.04, 4111.05, 4111.06, 4111.07, 4111.08,
4111.09, 4111.10, 4111.13, 4111.17, 4111.25, 56
4111.26, 4111.27, 4111.28, 4111.29, 4111.30, 57
4112.02, 4115.03, 4115.031, 4115.032, 4115.034, 58
4115.04, 4115.05, 4115.07, 4115.071, 4115.08,
4115.09, 4115.10, 4115.101, 4115.12, 4115.13, 60
4115.131, 4115.132, 4115.133, 4115.14, 4115.15,
4115.16, 4115.32, 4121.69, 4123.038, 4123.27, 61
4123.56, 4123.62, 4141.01, 4141.031, 4141.044, 62
4141.07, 4141.09, 4141.11, 4141.131, 4141.14, 64
4141.17, 4141.18, 4141.20, 4141.23, 4141.231, 66
4141.24, 4141.241, 4141.242, 4141.25, 4141.26, 67
4141.27, 4141.29, 4141.30, 4141.301, 4141.31, 69
3
4141.321, 4141.33, 4141.35, 4141.38, 4141.39,
4141.40, 4141.41, 4141.42, 4141.43, 4141.431, 70
4141.47, 4167.02, 4167.06, 4167.08, 4167.09, 72
4167.10, 4167.11, 4167.12, 4167.14, 4167.15,
4167.16, 4167.17, 4167.19, 4303.292, 4582.37, 74
4731.71, 5101.03, 5101.071, 5101.072, 5101.11, 75
5101.111, 5101.14, 5101.141, 5101.142, 5101.143, 76
5101.15, 5101.16, 5101.161, 5101.162, 5101.18, 77
5101.181, 5101.182, 5101.183, 5101.184, 5101.19, 78
5101.212, 5101.26, 5101.27, 5101.28, 5101.29, 79
5101.30, 5101.31, 5101.312, 5101.313, 5101.314, 80
5101.315, 5101.316, 5101.317, 5101.319, 5101.32, 81
5101.321, 5101.322, 5101.323, 5101.324, 5101.325, 82
5101.326, 5101.327, 5101.33, 5101.34, 5101.341,
5101.36, 5101.44, 5101.45, 5101.46, 5101.48, 84
5101.49, 5101.50, 5101.502, 5101.51, 5101.512,
5101.513, 5101,515, 5101.516, 5101.517, 5101.518, 85
5101.52, 5101.53, 5101.54, 5101.541, 5101.542, 86
5101.543, 5101.544, 5101.572, 5101.58, 5101.59,
5101.60, 5101.61, 5101.611, 5101.62, 5101.63, 87
5101.65, 5101.67, 5101.70, 5101.71, 5101.72, 88
5101.75, 5101.751, 5101.752, 5101.754, 5101.80, 89
5101.81, 5101.83, 5101.851, 5101.852, 5101.853,
5101.854, 5101.93, 5103.03, 5103.031, 5103.032, 90
5103.04, 5103.07, 5103.08, 5103.12, 5103.14, 91
5103.151, 5103.152, 5103.154, 5103.16, 5103.17, 92
5103.22, 5103.23, 5104.01, 5104.011, 5104.012, 93
5104.013, 5104.014, 5104.015, 5104.02, 5104.021, 94
5104.03, 5104.04, 5104.05, 5104.052, 5104.06, 95
5104.07, 5104.08, 5104.081, 5104.09, 5104.10,
5104.11, 5104.12, 5104.13, 5104.21, 5104.22, 96
5104.30, 5104.301, 5104.31, 5104.32, 5104.33, 97
5104.34, 5104.341, 5104.35, 5104.36, 5104.37,
5104.38, 5104.39, 5104.40, 5104.41, 5104.42, 98
4
5104.43, 5104.44, 5107.03, 5107.05, 5107.10, 99
5107.12, 5107.14, 5107.16, 5107.161, 5107.162,
5107.18, 5107.20, 5107.22, 5107.24, 5107.26, 100
5107.28, 5107.282, 5107.283, 5107.284, 5107.286, 101
5107.287, 5107.30, 5107.40, 5107.41, 5107.42,
5107.43, 5107.44, 5107.50, 5107.52, 5107.54, 103
5107.541, 5107.58, 5107.60, 5107.62, 5107.64,
5107.65, 5107.66, 5107.68, 5107.69, 5107.70, 104
5107.72, 5107.76, 5107.78, 5108.02, 5108.07, 105
5108.08, 5108.09, 5108.10, 5111.01, 5111.011, 106
5111.012, 5111.013, 5111.014, 5111.015, 5111.016, 108
5111.017, 5111.018, 5111.019, 5111.02, 5111.021,
5111.022, 5111.023, 5111.03, 5111.04, 5111.05, 109
5111.06, 5111.07, 5111.08, 5111.09, 5111.10, 110
5111.11, 5111.111, 5111.112, 5111.113, 5111.12,
5111.121, 5111.13, 5111.14, 5111.16, 5111.17, 111
5111.173, 5111.18, 5111.181, 5111.19, 5111.20, 112
5111.202, 5111.203, 5111.204, 5111.205, 5111.21,
5111.22, 5111.221, 5111.23, 5111.231, 5111.235, 113
5111.24, 5111.241, 5111.25, 5111.251, 5111.252, 114
5111.255, 5111.257, 5111.26, 5111.261, 5111.263, 115
5111.27, 5111.29, 5111.291, 5111.30, 5111.31,
5111.33, 5111.34, 5111.341, 5111.35, 5111.36, 116
5111.37, 5111.38, 5111.41, 5111.42, 5111.45, 117
5111.46, 5111.47, 5111.48, 5111.49, 5111.50, 118
5111.51, 5111.52, 5111.53, 5111.54, 5111.55,
5111.56, 5111.57, 5111.58, 5111.59, 5111.60, 119
5111.61, 5111.62, 5111.74, 5111.81, 5111.87, 120
5111.88, 5112.01, 5112.03, 5112.04, 5112.05,
5112.06, 5112.07, 5112.08, 5112.09, 5112.10, 121
5112.11, 5112.17, 5112.18, 5112.19, 5112.21, 122
5112.31, 5112.32, 5112.33, 5112.34, 5112.35, 123
5112.37, 5112.38, 5112.39, 5112.99, 5115.01,
5115.011, 5115.012, 5115.02, 5115.03, 5115.05, 124
5
5115.061, 5115.07, 5115.10, 5115.13, 5115.15, 125
5115.20, 5119.221, 5120.37, 5123.01, 5123.181, 126
5123.191, 5123.604, 5126.31, 5139.08, 5139.34,
5139.39, 5153.01, 5153.02, 5153.10, 5153.111, 127
5153.121, 5153.14, 5153.15, 5153.16, 5153.163,
5153.17, 5153.20, 5153.21, 5153.22, 5153.27, 129
5153.29, 5153.30, 5153.32, 5153.35, 5153.36, 130
5153.38, 5153.49, 5153.52, 5502.01, 5505.04,
5703.21, 5709.65, 5709.67, 5733.04, 5733.33, 131
5747.01, 5747.121, 5747.122, and 5902.02 and to 132
amend, for the purpose of adopting new section
numbers as indicated in parentheses, sections 133
4111.25 (4139.01), 4111.26 (4139.02), 4111.27 134
(4139.03), 4111.28 (4139.04), 4111.29 (4139.05),
and 4111.30 (4139.06) of the Revised Code to 135
replace references to the Bureau or Administrator
of Employment Services with the Department or 136
Director of Job and Family Services and the 137
Department or Director of Commerce, to replace
references to the Department or Director of Human 138
Services with the Department or Director of Job 139
and Family Services, to replace references to a 140
county department of human services with the 141
county department of job and family services, to
replace references to human services with family 142
services, and to maintain the provisions of this 143
act on and after January 1, 2001, by amending the 144
versions of sections 3109.15, 3109.16, and
3109.18 of the Revised Code that take effect on 145
that date, on and after April 1, 2001, by 146
amending the version of section 4141.14 of the
Revised Code that takes effect on that date, and 147
on and after April 1, 2002, by amending the
version of section 4141.14 of the Revised Code 148
6
that takes effect on that date. 149
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 151
Section 1. That sections 9.55, 101.39, 109.65, 109.85, 154
109.86, 117.10, 117.45, 121.37, 121.40, 122.16, 122.19, 122.23, 156
123.01, 124.11, 124.14, 124.324, 125.30, 126.07, 131.11, 131.41, 158
135.81, 135.96, 145.27, 149.43, 153.39, 169.02, 169.03, 169.08, 159
173.03, 173.17, 173.35, 173.40, 176.05, 307.01, 307.441, 307.98, 161
329.01, 329.02, 329.021, 329.022, 329.023, 329.03, 329.041, 162
329.042, 329.051, 329.07, 329.10, 329.12, 329.14, 331.02, 331.06, 163
742.41, 1347.08, 1553.10, 1701.86, 1702.47, 1703.17, 1729.55, 165
1743.05, 1751.01, 1751.11, 1751.12, 1751.13, 1751.20, 1751.31, 166
1925.04, 1925.13, 1925.18, 2101.11, 2101.16, 2113.06, 2151.152, 168
2151.232, 2151.281, 2151.353, 2151.36, 2151.39, 2151.412, 169
2151.413, 2151.416, 2151.421, 2151.43, 2151.49, 2151.86, 2301.35,
2301.356, 2301.358, 2301.36, 2301.37, 2301.371, 2301.372, 171
2301.373, 2301.374, 2301.375, 2301.43, 2305.26, 2317.56, 172
2705.031, 2715.041, 2715.045, 2716.13, 2744.05, 2913.40, 2949.26, 173
2950.11, 2950.13, 2951.02, 2953.51, 3101.01, 3107.013, 3107.031, 174
3107.032, 3107.051, 3107.062, 3107.063, 3107.064, 3107.065, 175
3107.071, 3107.081, 3107.082, 3107.083, 3107.09, 3107.091, 176
3107.10, 3107.12, 3107.13, 3107.141, 3107.17, 3107.39, 3109.05, 177
3109.15, 3109.16, 3109.18, 3109.401, 3111.03, 3111.06, 3111.07, 178
3111.09, 3111.20, 3111.21, 3111.211, 3111.22, 3111.23, 3111.231, 179
3111.24, 3111.25, 3111.27, 3111.99, 3113.04, 3113.07, 3113.09, 180
3113.16, 3113.21, 3113.211, 3113.212, 3113.213, 3113.214, 181
3113.215, 3113.216, 3113.99, 3115.21, 3115.31, 3301.15, 3301.32, 182
3301.53, 3301.57, 3301.581, 3301.59, 3304.231, 3307.21, 3309.22, 183
3313.714, 3313.715, 3314.08, 3317.029, 3317.06, 3317.064, 184
3317.10, 3319.089, 3321.18, 3323.021, 3331.04, 3335.24, 3354.21, 185
3501.01, 3599.45, 3701.023, 3701.241, 3701.78, 3701.80, 3702.55, 187
3702.74, 3705.07, 3705.09, 3705.091, 3705.10, 3721.011, 3721.022, 188
3721.071, 3721.08, 3721.12, 3721.14, 3721.15, 3721.19, 3721.51,
7
3721.511, 3721.52, 3721.53, 3721.54, 3721.55, 3721.56, 3721.57, 189
3721.58, 3722.04, 3722.15, 3722.16, 3724.12, 3727.13, 3727.17, 190
3729.02, 3729.11, 3729.14, 3729.18, 3729.21, 3729.24, 3729.26, 192
3729.61, 3733.49, 3737.22, 3737.65, 3750.02, 3770.071, 3781.06, 194
3781.10, 3793.051, 3793.07, 3793.15, 3923.50, 3924.42, 3924.47, 195
3929.721, 4109.01, 4109.05, 4109.08, 4109.11, 4109.12, 4109.13, 196
4109.21, 4111.01, 4111.03, 4111.04, 4111.05, 4111.06, 4111.07, 197
4111.08, 4111.09, 4111.10, 4111.13, 4111.17, 4111.25, 4111.26, 198
4111.27, 4111.28, 4111.29, 4111.30, 4112.02, 4115.03, 4115.031, 200
4115.032, 4115.034, 4115.04, 4115.05, 4115.07, 4115.071, 4115.08,
4115.09, 4115.10, 4115.101, 4115.12, 4115.13, 4115.131, 4115.132, 202
4115.133, 4115.14, 4115.15, 4115.16, 4115.32, 4121.69, 4123.038, 203
4123.27, 4123.56, 4123.62, 4141.01, 4141.031, 4141.044, 4141.07, 205
4141.09, 4141.11, 4141.131, 4141.14, 4141.17, 4141.18, 4141.20, 207
4141.23, 4141.231, 4141.24, 4141.241, 4141.242, 4141.25, 4141.26, 209
4141.27, 4141.29, 4141.30, 4141.301, 4141.31, 4141.321, 4141.33, 211
4141.35, 4141.38, 4141.39, 4141.40, 4141.41, 4141.42, 4141.43, 212
4141.431, 4141.47, 4167.02, 4167.06, 4167.08, 4167.09, 4167.10, 214
4167.11, 4167.12, 4167.14, 4167.15, 4167.16, 4167.17, 4167.19, 215
4303.292, 4582.37, 4731.71, 5101.03, 5101.071, 5101.072, 5101.11, 217
5101.111, 5101.14, 5101.141, 5101.142, 5101.143, 5101.15, 218
5101.16, 5101.161, 5101.162, 5101.18, 5101.181, 5101.182, 219
5101.183, 5101.184, 5101.19, 5101.212, 5101.26, 5101.27, 5101.28, 221
5101.29, 5101.30, 5101.31, 5101.312, 5101.313, 5101.314, 222
5101.315, 5101.316, 5101.317, 5101.319, 5101.32, 5101.321, 223
5101.322, 5101.323, 5101.324, 5101.325, 5101.326, 5101.327, 224
5101.33, 5101.34, 5101.341, 5101.36, 5101.44, 5101.45, 5101.46, 226
5101.48, 5101.49, 5101.50, 5101.502, 5101.51, 5101.512, 5101.513,
5101,515, 5101.516, 5101.517, 5101.518, 5101.52, 5101.53, 227
5101.54, 5101.541, 5101.542, 5101.543, 5101.544, 5101.572, 228
5101.58, 5101.59, 5101.60, 5101.61, 5101.611, 5101.62, 5101.63, 229
5101.65, 5101.67, 5101.70, 5101.71, 5101.72, 5101.75, 5101.751, 230
5101.752, 5101.754, 5101.80, 5101.81, 5101.83, 5101.851, 231
5101.852, 5101.853, 5101.854, 5101.93, 5103.03, 5103.031, 232
8
5103.032, 5103.04, 5103.07, 5103.08, 5103.12, 5103.14, 5103.151, 233
5103.152, 5103.154, 5103.16, 5103.17, 5103.22, 5103.23, 5104.01, 235
5104.011, 5104.012, 5104.013, 5104.014, 5104.015, 5104.02, 236
5104.021, 5104.03, 5104.04, 5104.05, 5104.052, 5104.06, 5104.07, 237
5104.08, 5104.081, 5104.09, 5104.10, 5104.11, 5104.12, 5104.13, 238
5104.21, 5104.22, 5104.30, 5104.301, 5104.31, 5104.32, 5104.33, 239
5104.34, 5104.341, 5104.35, 5104.36, 5104.37, 5104.38, 5104.39, 240
5104.40, 5104.41, 5104.42, 5104.43, 5104.44, 5107.03, 5107.05,
5107.10, 5107.12, 5107.14, 5107.16, 5107.161, 5107.162, 5107.18, 242
5107.20, 5107.22, 5107.24, 5107.26, 5107.28, 5107.282, 5107.283,
5107.284, 5107.286, 5107.287, 5107.30, 5107.40, 5107.41, 5107.42, 243
5107.43, 5107.44, 5107.50, 5107.52, 5107.54, 5107.541, 5107.58, 245
5107.60, 5107.62, 5107.64, 5107.65, 5107.66, 5107.68, 5107.69, 246
5107.70, 5107.72, 5107.76, 5107.78, 5108.02, 5108.07, 5108.08, 248
5108.09, 5108.10, 5111.01, 5111.011, 5111.012, 5111.013,
5111.014, 5111.015, 5111.016, 5111.017, 5111.018, 5111.019, 250
5111.02, 5111.021, 5111.022, 5111.023, 5111.03, 5111.04, 5111.05, 251
5111.06, 5111.07, 5111.08, 5111.09, 5111.10, 5111.11, 5111.111, 252
5111.112, 5111.113, 5111.12, 5111.121, 5111.13, 5111.14, 5111.16, 253
5111.17, 5111.173, 5111.18, 5111.181, 5111.19, 5111.20, 5111.202, 254
5111.203, 5111.204, 5111.205, 5111.21, 5111.22, 5111.221, 255
5111.23, 5111.231, 5111.235, 5111.24, 5111.241, 5111.25, 256
5111.251, 5111.252, 5111.255, 5111.257, 5111.26, 5111.261, 257
5111.263, 5111.27, 5111.29, 5111.291, 5111.30, 5111.31, 5111.33, 258
5111.34, 5111.341, 5111.35, 5111.36, 5111.37, 5111.38, 5111.41, 259
5111.42, 5111.45, 5111.46, 5111.47, 5111.48, 5111.49, 5111.50, 260
5111.51, 5111.52, 5111.53, 5111.54, 5111.55, 5111.56, 5111.57, 261
5111.58, 5111.59, 5111.60, 5111.61, 5111.62, 5111.74, 5111.81, 262
5111.87, 5111.88, 5112.01, 5112.03, 5112.04, 5112.05, 5112.06, 263
5112.07, 5112.08, 5112.09, 5112.10, 5112.11, 5112.17, 5112.18, 264
5112.19, 5112.21, 5112.31, 5112.32, 5112.33, 5112.34, 5112.35, 265
5112.37, 5112.38, 5112.39, 5112.99, 5115.01, 5115.011, 5115.012, 266
5115.02, 5115.03, 5115.05, 5115.061, 5115.07, 5115.10, 5115.13, 267
5115.15, 5115.20, 5119.221, 5120.37, 5123.01, 5123.181, 5123.191, 268
9
5123.604, 5126.31, 5139.08, 5139.34, 5139.39, 5153.01, 5153.02, 269
5153.10, 5153.111, 5153.121, 5153.14, 5153.15, 5153.16, 5153.163,
5153.17, 5153.20, 5153.21, 5153.22, 5153.27, 5153.29, 5153.30, 271
5153.32, 5153.35, 5153.36, 5153.38, 5153.49, 5153.52, 5502.01, 272
5505.04, 5703.21, 5709.65, 5709.67, 5733.04, 5733.33, 5747.01, 273
5747.121, 5747.122, and 5902.02 be amended, and sections 4111.25 275
(4139.01), 4111.26 (4139.02), 4111.27 (4139.03), 4111.28 276
(4139.04), 4111.29 (4139.05), and 4111.30 (4139.06) of the
Revised Code be amended for the purpose of adopting new section 277
numbers as indicated in parentheses, to read as follows: 278
Sec. 9.55. (A) As used in this section, "state agency" 287
means the house of representatives, the senate, the governor, the 288
secretary of state, the auditor of state, the treasurer of state, 289
the attorney general, the department of human services, the 290
bureau of employment JOB AND FAMILY services, THE DEPARTMENT OF 291
COMMERCE the department of mental retardation and developmental 292
disabilities, the department of education, the department of 293
health, the department of aging, the governor's office of
advocacy for disabled persons, and the civil rights commission. 294
(B) Each state agency shall install in its offices at 296
least one teletypewriter designed to receive printed messages 297
from and transmit printed messages to deaf or hearing-impaired 298
persons.
Sec. 101.39. (A) There is hereby created the joint 307
legislative committee on health care oversight. The committee 309
may review or study any matter related to the provision of health 311
care services that it considers of significance to the citizens 312
of this state, including the availability of health care, the 313
quality of health care, the effectiveness and efficiency of 314
managed care systems, and the operation of the medical assistance 315
program established under Chapter 5111. of the Revised Code or 318
other government health programs. 319
The department of human JOB AND FAMILY services, department 321
of health, department of aging, department of mental health, 323
10
department of mental retardation and developmental disabilities, 324
department of alcohol and drug addiction services, and other 325
state agencies shall cooperate with the committee in its study 326
and review of health care issues. On request, the departments 327
shall provide the committee with reports and other information 328
sufficient for the committee to fulfill its duties. 329
The committee may issue recommendations as it determines 331
appropriate. The recommendations may be made to the general 332
assembly, state agencies, private industry, or any other entity. 333
(B) The committee shall consist of the following members 335
of the general assembly: the chairperson of the senate's 336
standing committee with primary responsibility for health 337
legislation, the chairperson of the house of representatives' 338
standing committee with primary responsibility for health
legislation, four members of the house of representatives 339
appointed by the speaker of the house of representatives, and 341
four members of the senate appointed by the president of the 343
senate. Not more than two members appointed by the speaker of 344
the house of representatives and not more than two members
appointed by the president of the senate may be of the same 345
political party. Except in 1995, appointments shall be made not 346
later than fifteen days after the commencement of the first 347
regular session of each general assembly. The chairpersons of 348
the standing committees with primary responsibility for health 349
legislation shall serve as co-chairpersons of the committee.
Each member of the committee shall hold office during the 351
general assembly in which the member is appointed and until a 352
successor has been appointed, notwithstanding the adjournment 353
sine die of the general assembly in which the member was 354
appointed or the expiration of the member's term as a member of
the general assembly. Any vacancies occurring among the members 355
of the committee shall be filled in the manner of the original 356
appointment.
The committee shall meet at least quarterly and at the call 358
11
of the co-chairpersons. The co-chairpersons shall determine the 359
time, place, and agenda for each meeting of the committee. 360
The committee has the same powers as other standing or 362
select committees of the general assembly. The committee may 363
request assistance from the legislative service commission and 364
the legislative budget office of the legislative service 365
commission.
Sec. 109.65. (A) As used in this section, "minor," 374
"missing child," and "missing children" have the same meanings as 375
in section 2901.30 of the Revised Code. 376
(B) There is hereby created within the office of the 378
attorney general the missing children clearinghouse. The 379
attorney general shall administer the clearinghouse. The 380
clearinghouse is established as a central repository of 381
information to coordinate and improve the availability of 382
information regarding missing children, which information shall 383
be collected and disseminated by the clearinghouse to assist in 384
the location of missing children. The clearinghouse shall act as 385
an information repository separate from and in addition to law 386
enforcement agencies within this state. 387
(C) The missing children clearinghouse may perform any of 389
the following functions: 390
(1) The establishment of services to aid in the location 392
of missing children that include, but are not limited to, any of 393
the following services: 394
(a) Assistance in the preparation and dissemination of 396
flyers identifying and describing missing children and their 397
abductors; 398
(b) The development of informational forms for the 400
reporting of missing children that may be used by parents, 401
guardians, and law enforcement officials to facilitate the 402
location of a missing child; 403
(c) The provision of assistance to public and private 405
organizations, boards of education, nonpublic schools, 406
12
preschools, child care facilities, and law enforcement agencies 407
in planning and implementing voluntary programs to fingerprint 408
children. 409
(2) The establishment and operation of a toll-free 411
telephone line for supplemental reports of missing children and 412
reports of sightings of missing children; 413
(3) Upon the request of any person or entity and upon 415
payment of any applicable fee established by the attorney general 416
under division (H) of this section, the provision to the person 417
or entity who makes the request of a copy of any information 418
possessed by the clearinghouse that was acquired or prepared 419
pursuant to division (E)(3) of this section; 420
(4) The performance of liaison services between 422
individuals and public and private agencies regarding procedures 423
for handling and responding to missing children reports; 424
(5) The participation as a member in any networks of other 426
missing children centers or clearinghouses; 427
(6) The creation and operation of an intrastate network of 429
communication designed for the speedy collection and processing 430
of information concerning missing children. 431
(D) If a board of education is notified by school 433
personnel that a missing child is attending any school under the 434
board's jurisdiction, or if the principal or chief administrative 435
officer of a nonpublic school is notified by school personnel 436
that a missing child is attending that school, the board or the 437
principal or chief administrative officer immediately shall give 438
notice of that fact to the missing children clearinghouse and to 439
the law enforcement agency with jurisdiction over the area where 440
the missing child resides. 441
(E)(1) The attorney general, in cooperation with the 443
department of human JOB AND FAMILY services, shall establish a 444
"missing child educational program" within the missing children 446
clearinghouse that shall perform the functions specified in 447
divisions (E)(1) to (3) of this section. The program shall 448
13
operate under the supervision and control of the attorney general 449
in accordance with procedures that the attorney general shall 450
develop to implement divisions (E)(1) to (3) of this section. 451
The attorney general shall cooperate with the department of 452
education in developing and disseminating information acquired or 453
prepared pursuant to division (E)(3) of this section. 454
(2) Upon the request of any board of education in this 456
state or any nonpublic school in this state, the missing child 457
educational program shall provide to the board or school a 458
reasonable number of copies of the information acquired or 459
prepared pursuant to division (E)(3) of this section. 460
Upon the request of any board of education in this state or 462
any nonpublic school in this state that, pursuant to section 463
3313.96 of the Revised Code, is developing an information program 464
concerning missing children issues and matters, the missing child 465
educational program shall provide to the board or nonpublic 466
school assistance in developing the information program. The 467
assistance may include, but is not limited to, the provision of 468
any or all of the following: 469
(a) If the requesting entity is a board of education of a 471
school district, sample policies on missing and exploited 472
children issues to assist the board in complying with section 473
3313.205 of the Revised Code; 474
(b) Suggested safety curricula regarding missing children 476
issues, including child safety and abduction prevention issues; 477
(c) Assistance in developing, with local law enforcement 479
agencies, prosecuting attorneys, boards of education, school 480
districts, and nonpublic schools, cooperative programs for 481
fingerprinting children; 482
(d) Other assistance to further the goals of the program. 484
(3) The missing child educational program shall acquire or 486
prepare informational materials relating to missing children 487
issues and matters. These issues and matters include, but are 488
not limited to, the following: 489
14
(a) The types of missing children; 491
(b) The reasons why and how minors become missing 493
children, the potential adverse consequences of a minor becoming 494
a missing child, and, in the case of minors who are considering 495
running away from home or from the care, custody, and control of 496
their parents, parent who is the residential parent and legal 497
custodian, guardian, legal custodian, or another person 498
responsible for them, alternatives that may be available to 499
address their concerns and problems; 500
(c) Offenses under federal law that could relate to 502
missing children and other provisions of federal law that focus 503
on missing children; 504
(d) Offenses under the Revised Code that could relate to 506
missing children, including, but not limited to, kidnapping, 507
abduction, unlawful restraint, child stealing, interference with 508
custody, endangering children, domestic violence, abuse of a 509
child and contributing to the dependency, neglect, unruliness, or 510
delinquency of a child, sexual offenses, drug offenses, 511
prostitution offenses, and obscenity offenses, and other 512
provisions of the Revised Code that could relate to missing 513
children; 514
(e) Legislation being considered by the general assembly, 516
legislatures of other states, the congress of the United States, 517
and political subdivisions in this or any other state to address 518
missing children issues; 519
(f) Sources of information on missing children issues; 521
(g) State, local, federal, and private systems for 523
locating and identifying missing children; 524
(h) Law enforcement agency programs, responsibilities, and 526
investigative techniques in missing children matters; 527
(i) Efforts on the community level in this and other 529
states, concerning missing children issues and matters, by 530
governmental entities and private organizations; 531
(j) The identification of private organizations that, 533
15
among their primary objectives, address missing children issues 534
and matters; 535
(k) How to avoid becoming a missing child and what to do 537
if one becomes a missing child; 538
(l) Efforts that schools, parents, and members of a 540
community can undertake to reduce the risk that a minor will 541
become a missing child and to quickly locate or identify a minor 542
if he becomes a missing child, including, but not limited to, 543
fingerprinting programs. 544
(F) Each year the missing children clearinghouse shall 546
issue a report describing its performance of the functions 547
specified in division (E) of this section and shall provide a 548
copy of the report to the speaker of the house of 549
representatives, the president of the senate, the governor, the 550
superintendent of the bureau of criminal identification and 551
investigation, and the director of human JOB AND FAMILY services. 552
(G) Any state agency or political subdivision of this 554
state that operates a missing children program or a clearinghouse 555
for information about missing children shall coordinate its 556
activities with the missing children clearinghouse. 557
(H) The attorney general shall determine a reasonable fee 559
to be charged for providing to any person or entity other than a 560
state or local law enforcement agency of this or any other state, 561
a law enforcement agency of the United States, a board of 562
education of a school district in this state, a nonpublic school 563
in this state, a governmental entity in this state, or a public 564
library in this state, pursuant to division (A)(3) of this 565
section, copies of any information acquired or prepared pursuant 566
to division (E)(3) of this section. The attorney general shall 567
collect the fee prior to sending or giving copies of any 568
information to any person or entity for whom or which this 569
division requires the fee to be charged and shall deposit the fee 570
into the missing children fund created by division (I) of this 571
section. 572
16
(I) There is hereby created in the state treasury the 574
missing children fund that shall consist of all moneys awarded to 575
the state by donation, gift, or bequest, all other moneys 576
received for purposes of this section, and all fees collected 577
pursuant to this section or section 109.64 of the Revised Code. 578
The attorney general shall use the moneys in the missing children 579
fund only for purposes of the office of the attorney general 580
acquiring or preparing information pursuant to division (E)(3) of 581
this section. 582
(J) The failure of the missing children clearinghouse to 584
undertake any function or activity authorized in this section 585
does not create a cause of action against the state. 586
Sec. 109.85. (A) Upon the written request of the 595
governor, the general assembly, the auditor of state, the 596
director of human JOB AND FAMILY services, the director of 597
health, or the director of budget and management, or upon the 599
attorney general's becoming aware of criminal or improper 600
activity related to Chapter 3721. and the medical assistance 601
program established under section 5111.01 of the Revised Code, 602
the attorney general shall investigate any criminal or civil 603
violation of law related to Chapter 3721. of the Revised Code or 604
the medical assistance program. 605
(B) When it appears to the attorney general, as a result 607
of an investigation under division (A) of this section, that 608
there is cause to prosecute for the commission of a crime or to 609
pursue a civil remedy, he THE ATTORNEY GENERAL may refer the 610
evidence to the prosecuting attorney having jurisdiction of the 612
matter, or to a regular grand jury drawn and impaneled pursuant 613
to sections 2939.01 to 2939.24 of the Revised Code, or to a 614
special grand jury drawn and impaneled pursuant to section 615
2939.17 of the Revised Code, or he THE ATTORNEY GENERAL may 616
initiate and prosecute any necessary criminal or civil actions in 618
any court or tribunal of competent jurisdiction in this state. 619
When proceeding under this section, the attorney general, and any 620
17
assistant or special counsel designated by him THE ATTORNEY 621
GENERAL for that purpose, have all rights, privileges, and powers 623
of prosecuting attorneys. The attorney general shall have 624
exclusive supervision and control of all investigations and
prosecutions initiated by him THE ATTORNEY GENERAL under this 626
section. The forfeiture provisions of sections 2933.71 to 627
2933.75 of the Revised Code apply in relation to any such 628
criminal action initiated and prosecuted by the attorney general. 629
(C) Nothing in this section shall prevent a county 631
prosecuting attorney from investigating and prosecuting criminal 632
activity related to Chapter 3721. of the Revised Code and the 633
medical assistance program established under section 5111.01 of 634
the Revised Code. The forfeiture provisions of sections 2933.71 635
to 2933.75 of the Revised Code apply in relation to any 636
prosecution of criminal activity related to the medical 637
assistance program undertaken by the prosecuting attorney. 638
Sec. 109.86. (A) The attorney general shall investigate 647
any activity he THE ATTORNEY GENERAL has reasonable cause to 648
believe is in violation of section 2903.34 of the Revised Code. 650
Upon written request of the governor, the general assembly, the 651
auditor of state, or the director of health, human JOB AND FAMILY 652
services, aging, mental health, or mental retardation and 654
developmental disabilities, the attorney general shall 655
investigate any activity these persons believe is in violation of 656
section 2903.34 of the Revised Code. If after an investigation 657
the attorney general has probable cause to prosecute for the 658
commission of a crime, he THE ATTORNEY GENERAL shall refer the 659
evidence to the prosecuting attorney, director of law, or other 660
similar chief legal officer having jurisdiction over the matter. 661
If the prosecuting attorney decides to present the evidence to a 662
grand jury, he THE PROSECUTING ATTORNEY shall notify the attorney 664
general in writing of the decision within thirty days after 665
referral of the matter and shall present the evidence prior to 666
the discharge of the next regular grand jury. If the director of 667
18
law or other chief legal officer decides to prosecute the case, 668
he THE DIRECTOR OR OFFICER shall notify the attorney general in 670
writing of the decision within thirty days and shall initiate 671
prosecution within sixty days after the matter was referred to 672
him THE DIRECTOR OR OFFICER.
(B) If the prosecuting attorney, director of law, or other 674
chief legal officer fails to notify the attorney general or to 675
present evidence or initiate prosecution in accordance with 676
division (A) of this section, the attorney general may present 677
the evidence to a regular grand jury drawn and impaneled pursuant 678
to sections 2939.01 to 2939.24 of the Revised Code, or to a 679
special grand jury drawn and impaneled pursuant to section 680
2939.17 of the Revised Code, or he THE ATTORNEY GENERAL may 681
initiate and prosecute any action in any court or tribunal of 683
competent jurisdiction in this state. The attorney general, and 684
any assistant or special counsel designated by him THE ATTORNEY 685
GENERAL, have all the powers of a prosecuting attorney, director 687
of law, or other chief legal officer when proceeding under this 688
section. Nothing in this section shall limit or prevent a 689
prosecuting attorney, director of law, or other chief legal 690
officer from investigating and prosecuting criminal activity 691
committed against a resident or patient of a care facility. 692
Sec. 117.10. The auditor of state shall audit all public 701
offices as provided in this chapter. The auditor of state also 702
may audit the accounts of private institutions, associations, 704
boards, and corporations receiving public money for their use and 706
may require of them annual reports in such form as the auditor of 707
state prescribes.
The auditor of state may audit the accounts of any provider 709
as defined in section 5111.06 of the Revised Code, if requested 710
by the Ohio department of human JOB AND FAMILY services. 712
If a public office has been audited by an agency of the 714
United States government, the auditor of state may, if satisfied 715
that the federal audit has been conducted according to principles 717
19
and procedures not contrary to those of the auditor of state, use 718
and adopt the federal audit and report in lieu of an audit by the 719
auditor of state's own office.
Within thirty days after the creation or dissolution or the 721
winding up of the affairs of any public office, that public 722
office shall notify the auditor of state in writing that this 723
action has occurred.
Sec. 117.45. (A) The auditor of state shall draw warrants 732
against the treasurer of state pursuant to all requests for 733
payment that the director of budget and management has approved 734
under section 126.07 of the Revised Code. 735
(B) Unless the director of human JOB AND FAMILY services 737
has provided for the making of payments by electronic benefit 739
transfer, if a financial institution and account have been 740
designated by the participant or recipient, payment by the 741
auditor of state to a participant in the Ohio works first program 742
pursuant to Chapter 5107. of the Revised Code or a recipient of 743
disability assistance pursuant to Chapter 5115. of the Revised 745
Code shall be made by direct deposit to the account of the 746
participant or recipient in the financial institution. Payment
by the auditor of state to a recipient of benefits distributed 748
through the medium of electronic benefit transfer pursuant to
section 5101.33 of the Revised Code shall be by electronic 749
benefit transfer. Payment by the auditor of state as 750
compensation to an employee of the state who has, pursuant to 751
section 124.151 of the Revised Code, designated a financial 752
institution and account for the direct deposit of such payments 753
shall be made by direct deposit to the account of the employee. 754
Payment to any other payee who has designated a financial 755
institution and account for the direct deposit of such payment 756
may be made by direct deposit to the account of the payee in the 757
financial institution as provided in section 9.37 of the Revised 758
Code. The auditor of state shall contract with an authorized 759
financial institution for the services necessary to make direct 760
20
deposits or electronic benefit transfers under this division and 761
draw lump sum warrants payable to that institution in the amount 762
to be transferred. Accounts maintained by the auditor of state 763
or the auditor of state's agent in a financial institution for 764
the purpose of effectuating payment by direct deposit or 766
electronic benefit transfer shall be maintained in accordance 767
with section 135.18 of the Revised Code.
(C) All other payments from the state treasury shall be 769
made by paper warrants or by direct deposit payable to the 770
respective payees. The auditor of state may mail the paper 772
warrants to the respective payees or distribute them through 773
other state agencies, whichever the auditor of state determines 774
to be the better procedure.
(D) If the average per transaction cost the auditor of 776
state incurs in making direct deposits for a state agency exceeds 777
the average per transaction cost the auditor of state incurs in 779
drawing paper warrants for all public offices during the same 780
period of time, the auditor of state may certify the difference 781
in cost and the number of direct deposits for the agency to the 783
director of administrative services. The director shall 784
reimburse the auditor of state for such additional costs and add 785
the amount to the processing charge assessed upon the state 786
agency.
Sec. 121.37. (A)(1) There is hereby created the Ohio 795
family and children first cabinet council. The council shall be 796
composed of the superintendent of public instruction and the 797
directors of youth services, human JOB AND FAMILY services, 798
mental health, health, alcohol and drug addiction services, 800
mental retardation and developmental disabilities, and budget and 801
management. The chairperson of the council shall be the governor 802
or the governor's designee and shall establish procedures for the 803
council's internal control and management. 804
(2) The purpose of the cabinet council is to help families 806
seeking government services. This section shall not be 807
21
interpreted or applied to usurp the role of parents, but solely 808
to streamline and coordinate existing government services for 809
families seeking assistance for their children. 810
In seeking to fulfill its purpose, the council may do any 812
of the following: 813
(a) Advise and make recommendations to the governor and 815
general assembly regarding the provision of services to children; 816
(b) Advise and assess local governments on the 818
coordination of service delivery to children; 819
(c) Hold meetings at such times and places as may be 821
prescribed by the council's procedures and maintain records of 822
the meetings, except that records identifying individual children 824
are confidential and shall be disclosed only as provided by law; 825
(d) Develop programs and projects, including pilot 827
projects, to encourage coordinated efforts at the state and local 828
level to improve the state's social service delivery system; 830
(e) Enter into contracts with and administer grants to 832
county family and children first councils, as well as other 834
county or multicounty organizations to plan and coordinate 835
service delivery between state agencies and local service 836
providers for families and children; 837
(f) Enter into contracts with and apply for grants from 839
federal agencies or private organizations; 840
(g) Enter into interagency agreements to encourage 843
coordinated efforts at the state and local level to improve the
state's social service delivery system. The agreements may 844
include provisions regarding the receipt, transfer, and 845
expenditure of funds.
(3) The cabinet council shall provide for the following: 848
(a) Reviews of service and treatment plans for children 851
for which such reviews are requested;
(b) Assistance as the council determines to be necessary 855
to meet the needs of children referred by county family and 857
children first councils;
22
(c) Monitoring and supervision of a statewide, 861
comprehensive, coordinated, multi-disciplinary, interagency 862
system for infants and toddlers with developmental disabilities 863
or delays and their families, as established pursuant to federal 864
grants received and administered by the department of health for 865
early intervention services under the "Education of the 866
Handicapped Act Amendments of 1986," 100 Stat. 1145 (1986), 20 867
U.S.C.A. 1471, as amended. 868
(B)(1) Each county shall establish a county family and 871
children first council. A county may invite any local public or 872
private agency or group that funds, advocates, or provides 873
services to children and families to have a representative become 874
a permanent or temporary member of its county council. Each 875
county council must include the following individuals: 877
(a) At least three individuals whose families are or have 879
received services from an agency represented on the council or 880
another county's council. Where possible, the number of members 881
representing families shall be equal to twenty per cent of the 882
council's membership.
(b) The director of the board of alcohol, drug addiction, 885
and mental health services that serves the county, or, in the 886
case of a county that has a board of alcohol and drug addiction 887
services and a community mental health board, the directors of 888
both boards. If a board of alcohol, drug addiction, and mental 889
health services covers more than one county, the director may 890
designate a person to participate on the county's council. 891
(c) The health commissioner, or the commissioner's 893
designee, of the board of health of each city and general health 895
district in the county. If the county has two or more health 897
districts, the health commissioner membership may be limited to 898
the commissioners of the two districts with the largest 899
populations.
(d) The director of the county department of human JOB AND 901
FAMILY services; 902
23
(e) The executive director of the county agency 905
responsible for the administration of children services pursuant 906
to section 5153.15 of the Revised Code; 907
(f) The superintendent of the county board of mental 910
retardation and developmental disabilities;
(g) The county's juvenile court judge senior in service or 913
another judge of the juvenile court designated by the
administrative judge or, where there is no administrative judge, 914
by the judge senior in service; 915
(h) The superintendent of the city, exempted village, or 918
local school district with the largest number of pupils residing 919
in the county, as determined by the department of education, 920
which shall notify each county of its determination at least 921
biennially;
(i) A school superintendent representing all other school 924
districts with territory in the county, as designated at a 925
biennial meeting of the superintendents of those districts; 926
(j) A representative of the municipal corporation with the 929
largest population in the county; 930
(k) The chair of the board of county commissioners, or an 933
individual designated by the board;
(l) A representative of the regional office of the 935
department of youth services; 937
(m) A representative of the county's head start agencies, 940
as defined in section 3301.31 of the Revised Code; 941
(n) A representative of the county's early intervention 944
collaborative established pursuant to the federal early 945
intervention program operated under the "Education of the 946
Handicapped Act Amendments of 1986"; 947
(o) A representative of a local nonprofit entity that 950
funds, advocates, or provides services to children and families.
Notwithstanding any other provision of law, the public 952
members of a county council are not prohibited from serving on 954
the council and making decisions regarding the duties of the 955
24
council, including those involving the funding of joint projects 956
and those outlined in the county's service coordination mechanism 957
implemented pursuant to division (C) of this section. 958
The cabinet council shall establish a state appeals process 960
to resolve disputes among the members of a county council 961
concerning whether reasonable responsibilities as members are 962
being shared. The appeals process may be accessed only by a 963
majority vote of the council members who are required to serve on 964
the council. Upon appeal, the cabinet council may order that
state funds for services to children and families be redirected 965
to a county's board of county commissioners. 966
(2) A county council shall provide for the following: 968
(a) Referrals to the cabinet council of those children for 971
whom the county council cannot provide adequate services; 972
(b) Development and implementation of a process that 974
annually evaluates and prioritizes services, fills service gaps 976
where possible, and invents new approaches to achieve better 977
results for families and children; 978
(c) Participation in the development of a countywide, 981
comprehensive, coordinated, multi-disciplinary, interagency 982
system for infants and toddlers with developmental disabilities 983
or delays and their families, as established pursuant to federal 984
grants received and administered by the department of health for 985
early intervention services under the "Education of the 986
Handicapped Act Amendments of 1986"; 987
(d) Maintenance of an accountability system to monitor the 991
county council's progress in achieving results for families and 992
children;
(e) Establishment of a mechanism to ensure ongoing input 996
from a broad representation of families who are receiving
services within the county system. 997
(3)(a) Except as provided in division (B)(3)(b) of this 1,000
section, a county council shall comply with the policies, 1,001
procedures, and activities prescribed by the rules or interagency 1,002
25
agreements of a state department participating on the cabinet 1,003
council whenever the county council performs a function subject 1,005
to those rules or agreements.
(b) On application of a county council, the cabinet 1,008
council may grant an exemption from any rules or interagency 1,009
agreements of a state department participating on the council if 1,010
an exemption is necessary for the council to implement an 1,011
alternative program or approach for service delivery to families 1,012
and children. The application shall describe the proposed 1,013
program or approach and specify the rules or interagency 1,014
agreements from which an exemption is necessary. The cabinet 1,016
council shall approve or disapprove the application in accordance 1,017
with standards and procedures it shall adopt. If an application 1,018
is approved, the exemption is effective only while the program or 1,020
approach is being implemented, including a reasonable period 1,021
during which the program or approach is being evaluated for 1,022
effectiveness.
(4) Each county council shall designate an administrative 1,025
agent for the council from among the following public entities:
the board of alcohol, drug addiction, and mental health services, 1,026
including a board of alcohol and drug addiction or a community 1,027
mental health board if the county is served by separate boards; 1,028
the board of county commissioners; any board of health of the 1,029
county's city and general health districts; the county department 1,030
of human JOB AND FAMILY services; the county agency responsible 1,031
for the administration of children services pursuant to section 1,032
5153.15 of the Revised Code; the county board of mental 1,034
retardation and developmental disabilities; any of the county's 1,035
boards of education or governing boards of educational service
centers; or the county's juvenile court. Any of the foregoing 1,036
public entities, other than the board of county commissioners, 1,037
may decline to serve as the council's administrative agent. 1,038
A county council's administrative agent shall serve as the 1,040
council's appointing authority. The council shall file an annual 1,041
26
budget with its administrative agent, with copies filed with the 1,042
county auditor and with the board of county commissioners, unless 1,043
the board is serving as the council's administrative agent. The 1,044
council's administrative agent shall ensure that all expenditures 1,045
are handled in accordance with policies, procedures, and
activities prescribed by state departments in rules or 1,046
interagency agreements that are applicable to the council's 1,047
functions.
The administrative agent for a county council may do any of 1,049
the following on behalf of the council: 1,050
(a) Enter into agreements or administer contracts with 1,052
public or private entities to fulfill specific council business. 1,053
Such agreements and contracts are exempt from the competitive 1,054
bidding requirements of section 307.86 of the Revised Code if 1,056
they have been approved by the county council and they are for 1,057
the purchase of family and child welfare or child protection 1,058
services or other social or human JOB AND FAMILY services for 1,059
families and children. The approval of the county council is not 1,060
required to exempt agreements or contracts entered into under 1,061
section 5139.34, 5139.41, or 5139.43 of the Revised Code from the 1,063
competitive bidding requirements of section 307.86 of the Revised 1,064
Code.
(b) As determined by the council, provide financial 1,066
stipends, reimbursements, or both, to family representatives for 1,067
expenses related to council activity; 1,068
(c) Receive by gift, grant, devise, or bequest any moneys, 1,070
lands, or other property for the purposes for which the council 1,071
is established. The agent shall hold, apply, and dispose of the 1,072
moneys, lands, or other property according to the terms of the 1,073
gift, grant, devise, or bequest. Any interest or earnings shall 1,074
be treated in the same manner and are subject to the same terms 1,075
as the gift, grant, devise, or bequest from which it accrues.
(5) Two or more county councils may enter into an 1,077
agreement to administer their county councils jointly by creating 1,079
27
a regional family and children first council. A regional council
possesses the same duties and authority possessed by a county 1,081
council, except that the duties and authority apply regionally 1,082
rather than to individual counties. Prior to entering into an 1,083
agreement to create a regional council, the members of each 1,084
county council to be part of the regional council shall meet to 1,085
determine whether all or part of the members of each county 1,086
council will serve as members of the regional council. 1,087
(6) A board of county commissioners may approve a 1,089
resolution by a majority vote of the board's members that 1,091
requires the county council to submit a statement to the board 1,092
each time the council proposes to enter into an agreement, adopt 1,093
a plan, or make a decision, other than a decision pursuant to 1,095
section 121.38 of the Revised Code, that requires the expenditure 1,097
of funds for two or more families. The statement shall describe 1,098
the proposed agreement, plan, or decision. 1,099
Not later than fifteen days after the board receives the 1,101
statement, it shall, by resolution approved by a majority of its 1,103
members, approve or disapprove the agreement, plan, or decision. 1,104
Failure of the board to pass a resolution during that time period 1,105
shall be considered approval of the agreement, plan, or decision. 1,106
An agreement, plan, or decision for which a statement is 1,108
required to be submitted to the board shall be implemented only 1,109
if it is approved by the board. 1,110
(C) Each county shall develop a county service 1,113
coordination mechanism. The mechanism shall be developed and 1,115
approved with the participation of the county entities 1,116
representing child welfare; mental retardation and developmental 1,117
disabilities; alcohol, drug addiction, and mental health 1,118
services; health; juvenile judges; education; the county family 1,119
and children first council; and the county early intervention 1,121
collaborative established pursuant to the federal early 1,122
intervention program operated under the "Education of the 1,123
Handicapped Act Amendments of 1986." The county shall establish 1,125
28
an implementation schedule for the mechanism. The cabinet
council may monitor the implementation and administration of each 1,126
county's service coordination mechanism. 1,127
Each mechanism shall include all of the following: 1,131
(1) A procedure for assessing the needs of any child, 1,133
including a child who is an abused, neglected, dependent, unruly, 1,134
or delinquent child and under the jurisdiction of the juvenile 1,135
court or a child whose parent or custodian is voluntarily seeking 1,136
services; 1,137
(2) A procedure for assessing the service needs of the 1,139
family of any child, including a child who is an abused, 1,140
neglected, dependent, unruly, or delinquent child and under the 1,141
jurisdiction of the juvenile court or a child whose parent or 1,142
custodian is voluntarily seeking services; 1,143
(3) A procedure for development of a comprehensive joint 1,145
service plan designating service responsibilities among the 1,148
various state and local agencies that provide services to 1,149
children and their families, including children who are abused, 1,150
neglected, dependent, unruly, or delinquent children and under 1,151
the jurisdiction of the juvenile court and children whose parents 1,152
or custodians are voluntarily seeking services;
(4) A local dispute resolution process to serve as the 1,155
process that must be used first to resolve disputes among the 1,156
agencies represented on the county council concerning the 1,157
provision of services to children, including children who are 1,160
abused, neglected, dependent, unruly, or delinquent children and 1,161
under the jurisdiction of the juvenile court and children whose 1,162
parents or custodians are voluntarily seeking services. The 1,163
local dispute resolution process shall comply with section 121.38 1,165
of the Revised Code. The cabinet council shall adopt rules in
accordance with Chapter 119. of the Revised Code establishing an 1,166
administrative review process to address problems that arise 1,168
concerning the operation of a local dispute resolution process. 1,169
Sec. 121.40. (A) There is hereby created the governor's 1,178
29
community service council consisting of twenty-one members 1,179
including the superintendent of public instruction or the 1,180
superintendent's designee, the chancellor of the Ohio board of 1,181
regents or the chancellor's designee, the director of natural 1,182
resources or the director's designee, the director of youth 1,183
services or the director's designee, the director of aging or the 1,185
director's designee, the director of human JOB AND FAMILY
services or the director's designee, the chairperson of the 1,188
committee of the house of representatives dealing with education 1,189
or the chairperson's designee, the chairperson of the committee 1,190
of the senate dealing with education or the chairperson's 1,191
designee, and thirteen members who shall be appointed by the 1,193
governor with the advice and consent of the senate and who shall 1,194
serve terms of office of three years. The appointees shall 1,195
include educators, including teachers and administrators;
representatives of youth organizations; students and parents; 1,196
representatives of organizations engaged in volunteer program 1,197
development and management throughout the state, including youth 1,198
and conservation programs; and representatives of business, 1,199
government, nonprofit organizations, social service agencies, 1,200
veterans organizations, religious organizations, or 1,201
philanthropies that support or encourage volunteerism within the 1,202
state. Members of the council shall receive no compensation, but 1,203
shall be reimbursed for actual and necessary expenses incurred in 1,205
the performance of their official duties.
(B) The council shall appoint an executive director for 1,207
the council, who shall be in the unclassified civil service. The 1,209
executive director shall supervise the council's activities and 1,210
report to the council on the progress of those activities. The 1,212
executive director shall do all things necessary for the 1,213
efficient and effective implementation of the duties of the 1,214
council.
The responsibilities assigned to the executive director do 1,216
not relieve the members of the council from final responsibility 1,217
30
for the proper performance of the requirements of this division. 1,218
(C) The council or its designee shall do all of the 1,222
following:
(1) Employ, promote, supervise, and remove all employees 1,225
as needed in connection with the performance of its duties under 1,227
this section and may assign duties to those employees as
necessary to achieve the most efficient performance of its 1,228
functions, and to that end may establish, change, or abolish 1,229
positions, and assign and reassign duties and responsibilities of 1,230
any employee of the council. Personnel employed by the council 1,231
who are subject to Chapter 4117. of the Revised Code shall retain 1,233
all of their rights and benefits conferred pursuant to that 1,234
chapter. Nothing in this chapter shall be construed as 1,235
eliminating or interfering with Chapter 4117. of the Revised Code 1,237
or the rights and benefits conferred under that chapter to public 1,238
employees or to any bargaining unit. 1,239
(2) Maintain its office in Columbus, and may hold sessions 1,242
at any place within the state;
(3) Acquire facilities, equipment, and supplies necessary 1,244
to house the council, its employees, and files and records under 1,245
its control, and to discharge any duty imposed upon it by law. 1,246
The expense of these acquisitions shall be audited and paid for 1,247
in the same manner as other state expenses. For that purpose, 1,248
the council shall prepare and submit to the office of budget and
management a budget for each biennium according to sections 1,249
101.532 and 107.03 of the Revised Code. The budget submitted 1,251
shall cover the costs of the council and its staff in the 1,252
discharge of any duty imposed upon the council by law. The 1,253
council shall not delegate any authority to obligate funds. 1,254
(4) Pay its own payroll and other operating expenses from 1,256
line items designated by the general assembly; 1,257
(5) Retain its fiduciary responsibility as appointing 1,259
authority. Any transaction instructions shall be certified by 1,260
the appointing authority or its designee. 1,261
31
(6) Establish the overall policy and management of the 1,263
council in accordance with this chapter; 1,264
(7) Assist in coordinating and preparing the state 1,266
application for funds under sections 101 to 184 of the "National 1,267
and Community Service Act of 1990," 104 Stat. 3127 (1990), 42 1,268
U.S.C.A. 12411 to 12544, and amendments thereto, assist in 1,269
administering and overseeing the "National and Community Service 1,270
Trust Act of 1993," P.L. 103-82, 107 Stat. 785, and the 1,271
americorps program in this state, and assist in developing 1,272
objectives for a comprehensive strategy to encourage and expand 1,273
community service programs throughout the state;
(8) Assist the state board of education, school districts, 1,275
the board of regents, and institutions of higher education in 1,276
coordinating community service education programs through 1,277
cooperative efforts between institutions and organizations in the 1,278
public and private sectors; 1,279
(9) Assist the departments of natural resources, youth 1,281
services, aging, and human JOB AND FAMILY services in 1,282
coordinating community service programs through cooperative 1,284
efforts between institutions and organizations in the public and 1,285
private sectors;
(10) Suggest individuals and organizations that are 1,287
available to assist school districts, institutions of higher 1,288
education, and the departments of natural resources, youth 1,289
services, aging, and human JOB AND FAMILY services in the 1,290
establishment of community service programs and assist in 1,292
investigating sources of funding for implementing such programs; 1,293
(11) Assist in evaluating the state's efforts in providing 1,295
community service programs using standards and methods that are 1,296
consistent with any statewide objectives for such programs and 1,297
provide information to the state board of education, school 1,298
districts, the board of regents, institutions of higher 1,299
education, and the departments of natural resources, youth 1,300
services, aging, and human JOB AND FAMILY services to guide them 1,301
32
in making decisions about these programs; 1,303
(12) Assist the state board of education in complying with 1,305
section 3301.70 of the Revised Code and the board of regents in 1,306
complying with division (B)(2) of section 3333.043 of the Revised 1,307
Code. 1,308
(D) The department of aging shall serve as the council's 1,310
fiscal agent. Beginning on July 1, 1997, whenever reference is 1,311
made in any law, contract, or document to the functions of the 1,312
department of youth services as fiscal agent to the council, the 1,313
reference shall be deemed to refer to the department of aging. 1,314
The department of aging shall have no responsibilty
RESPONSIBILITY for or obligation to the council prior to July 1, 1,316
1997. Any validation, cure, right, privilege, remedy, 1,317
obligation, or liability shall be retained by the council.
As used in this section, "fiscal agent" means technical 1,319
support and includes the following technical support services: 1,320
(1) Preparing and processing payroll and other personnel 1,322
documents that the council executes as the appointing authority. 1,323
The department of aging shall not approve any payroll or other 1,324
personnel-related documents.
(2) Maintaining ledgers of accounts and reports of account 1,326
balances, and monitoring budgets and allotment plans in 1,327
consultation with the council. The department shall not approve 1,328
any biennial budget, grant, expenditure, audit, or fiscal-related 1,329
document.
(3) Performing other routine support services that the 1,331
director of aging or the director's designee and the council or 1,332
its designee consider appropriate to achieve efficiency. 1,333
(E) The council or its designee has the following 1,335
authority and responsibility relative to fiscal matters: 1,336
(1) Sole authority to draw funds for any and all federal 1,338
programs in which the council is authorized to participate; 1,339
(2) Sole authority to expend funds from their accounts for 1,341
programs and any other necessary expenses the council may incur 1,342
33
and its subgrantees may incur;
(3) Responsibility to cooperate with and inform the 1,344
department of aging as fiscal agent to ensure that the department 1,345
is fully apprised of all financial transactions. 1,346
The council shall follow all state procurement 1,348
requirements.
The department of aging shall determine fees to be charged 1,350
to the council, which shall be in proportion to the services 1,351
performed for the council.
The council shall pay fees owed to the department of aging 1,353
from a general revenue fund of the council or from any other fund 1,354
from which the operating expenses of the council are paid. Any 1,355
amounts set aside for a fiscal year for the payment of such fees 1,356
shall be used only for the services performed for the council by 1,357
the department of aging in that fiscal year.
Sec. 122.16. (A) As used in this section: 1,366
(1) "Distressed area" means either a municipal corporation 1,368
that has a population of at least fifty thousand or a county, 1,369
that meets two of the following criteria: 1,370
(a) Its average rate of unemployment, during the most 1,373
recent five-year period for which data are available, is equal to 1,374
at least one hundred twenty-five per cent of the average rate of 1,375
unemployment for the United States for the same period. 1,377
(b) It has a per capita income equal to or below eighty 1,380
per cent of the median county per capita income of the United 1,381
States as determined by the most recently available figures from 1,383
the United States census bureau. 1,385
(c)(i) In the case of a municipal corporation, at least 1,388
twenty per cent of the residents have a total income for the most 1,389
recent census year that is below the official poverty line. 1,390
(ii) In the case of a county, in intercensal years, the 1,393
county has a ratio of transfer payment income to total county 1,394
income equal to or greater than twenty-five per cent. 1,395
(2) "Eligible area" means a distressed area, a labor 1,398
34
surplus area, an inner city area, or a situational distress area. 1,400
(3) "Eligible costs associated with a voluntary action" 1,402
means costs incurred during the qualifying period in performing a 1,403
remedy or remedial activities, as defined in section 3746.01 of 1,404
the Revised Code, and any costs incurred during the qualifying 1,406
period in performing both a phase I and phase II property 1,408
assessment, as defined in the rules adopted under section 3746.04 1,409
of the Revised Code, provided that the performance of the phase I 1,411
and phase II property assessment resulted in the implementation 1,413
of the remedy or remedial activities.
(4) "Inner city area" means, in a municipal corporation 1,415
that has a population of at least one hundred thousand and does 1,416
not meet the criteria of a labor surplus area or a distressed 1,417
area, targeted investment areas established by the municipal 1,418
corporation within its boundaries that are comprised of the most 1,419
recent census block tracts that individually have at least twenty 1,420
per cent of their population at or below the state poverty level 1,421
or other census block tracts contiguous to such census block 1,423
tracts.
(5) "Labor surplus area" means an area designated as a 1,425
labor surplus area by the United States department of labor. 1,427
(6) "Official poverty line" has the same meaning as in 1,429
division (A) of section 3923.51 of the Revised Code. 1,432
(7) "Partner" includes a member of a limited liability 1,434
company formed under Chapter 1705. of the Revised Code or under 1,437
the laws of any other state if the limited liability company is 1,438
not treated as a corporation for purposes of Chapter 5733. of the 1,439
Revised Code and is not classified as an association taxable as a 1,440
corporation for federal income tax purposes. 1,441
(8) "Partnership" includes a limited liability company 1,443
formed under Chapter 1705. of the Revised Code or under the laws 1,446
of any other state if the limited liability company is not 1,447
treated as a corporation for purposes of Chapter 5733. of the 1,448
Revised Code and is not classified as an association taxable as a 1,449
35
corporation for federal income tax purposes. 1,450
(9) "Qualifying period" means the period that begins July 1,453
1, 1996, and ends June 30, 1999.
(10) "S corporation" means a corporation that has made an 1,456
election under subchapter S of chapter one of subtitle A of the 1,457
Internal Revenue Code for its taxable year under the Internal 1,459
Revenue Code;
(11) "Situational distress area" means a county or a 1,461
municipal corporation that has experienced or is experiencing a 1,462
closing or downsizing of a major employer that will adversely 1,463
affect the economy of the county or municipal corporation. In 1,464
order for a county or municipal corporation to be designated as a 1,465
situational distress area, the governing body of the county or 1,467
municipal corporation shall submit a petition to the director of 1,468
development in the form prescribed by the director. A county or 1,469
municipal corporation may be designated as a situational distress 1,470
area for a period not exceeding thirty-six months. 1,471
The petition shall include written documentation that 1,474
demonstrates all of the following: 1,475
(a) The number of jobs lost by the closing or downsizing; 1,477
(b) The impact that the job loss has on the unemployment 1,480
rate of the county or municipal corporation as measured by the 1,481
bureau DIRECTOR of employment JOB AND FAMILY services; 1,482
(c) The annual payroll associated with the job loss; 1,485
(d) The amount of state and local taxes associated with 1,488
the job loss;
(e) The impact that the closing or downsizing has on the 1,491
suppliers located in the county or municipal corporation. 1,492
(12) "Voluntary action" has the same meaning as in section 1,494
3746.01 of the Revised Code. 1,496
(13) "Taxpayer" means a corporation subject to the tax 1,498
imposed by section 5733.06 of the Revised Code or any person 1,501
subject to the tax imposed by section 5747.02 of the Revised 1,502
Code.
36
(14) "Governing body" means the board of county 1,504
commissioners of a county, the board of township trustees of a 1,505
township, or the legislative authority of a municipal 1,506
corporation.
(15) "Eligible site" means property for which a covenant 1,508
not to sue has been issued under section 3746.12 of the Revised 1,509
Code.
(B)(1) A taxpayer, partnership, or S corporation that has 1,512
been issued, under section 3746.12 of the Revised Code, a 1,514
covenant not to sue for a site by the director of environmental 1,515
protection during the qualifying period may apply to the director 1,516
of development, in the manner prescribed by the director, to 1,517
enter into an agreement under which the applicant agrees to 1,519
economically redevelop the site in a manner that will create 1,520
employment opportunities and a credit will be granted to the 1,521
applicant against the tax imposed by section 5733.06 or 5747.02 1,522
of the Revised Code. The application shall state the eligible 1,524
costs associated with a voluntary action incurred by the
applicant. The application shall be accompanied by proof, in a 1,527
form prescribed by the director of development, that the covenant 1,528
not to sue has been issued.
The applicant shall request the certified professional that 1,530
submitted the no further action letter for the eligible site 1,531
under section 3746.11 of the Revised Code to submit an affidavit 1,533
to the director of development verifying the eligible costs 1,535
associated with the voluntary action at that site.
The director shall review the applications in the order 1,537
they are received. If the director determines that the applicant 1,538
meets the requirements of this section, the director may enter 1,539
into an agreement granting a credit against the tax imposed by 1,540
section 5733.06 or 5747.02 of the Revised Code. In making the 1,542
determination, the director may consider the extent to which 1,543
political subdivisions and other units of government will
cooperate with the applicant to redevelop the eligible site. The 1,545
37
agreement shall state the amount of the tax credit and the 1,546
reporting requirements described in division (F) of this section. 1,547
(2) The maximum annual amount of credits the director of 1,549
development may grant under such agreements shall be as follows: 1,551
1996 $5,000,000 1,553
1997 $10,000,000 1,554
1998 $10,000,000 1,555
1999 $5,000,000 1,556
For any year in which the director of development does not 1,559
grant tax credits under this section equal to the maximum annual 1,561
amount, the amount not granted for that year shall be added to 1,563
the maximum annual amount that may be granted for the following
year. However, the director shall not grant any tax credits 1,565
under this section after June 30, 1999. 1,566
(C)(1) If the covenant not to sue was issued in connection 1,568
with a site that is not located in an eligible area, the credit 1,571
amount is equal to the lesser of five hundred thousand dollars or 1,572
ten per cent of the eligible costs associated with a voluntary 1,573
action incurred by the taxpayer, partnership, or S corporation. 1,574
(2) If a covenant not to sue was issued in connection with 1,577
a site that is located in an eligible area, the credit amount is 1,579
equal to the lesser of seven hundred fifty thousand dollars or 1,580
fifteen per cent of the eligible costs associated with a 1,581
voluntary action incurred by the taxpayer, partnership, or S 1,582
corporation.
(3) A taxpayer, partnership, or S corporation that has 1,584
been issued covenants not to sue under section 3746.12 of the 1,586
Revised Code for more than one site may apply to the director of 1,588
development to enter into more than one agreement granting a
credit against the tax imposed by section 5733.06 or 5747.02 of 1,590
the Revised Code. 1,591
(4) For each year for which a taxpayer, partnership, or S 1,594
corporation has been granted a credit under an agreement entered 1,595
into under this section, the director of development shall issue 1,597
38
a certificate to the taxpayer, partnership, or S corporation 1,598
indicating the amount of the credit the taxpayer, the partners of 1,599
the partnership, or the shareholders of the S corporation may 1,601
claim for that year, not including any amount that may be carried 1,602
forward from previous years under section 5733.34 or 5747.32 of
the Revised Code. 1,604
(D)(1) Each agreement entered into under this section 1,607
shall incorporate a commitment by the taxpayer, partnership, or S 1,609
corporation not to permit the use of an eligible site to cause 1,610
the relocation of employment positions to that site from 1,611
elsewhere in this state, except as otherwise provided in division 1,612
(D)(2) of this section. The commitment shall be binding on the 1,614
taxpayer, partnership, or S corporation for the lesser of five 1,615
years from the date the agreement is entered into or the number 1,617
of years the taxpayer, partnership, or S corporation is entitled 1,618
to claim the tax credit under the agreement. 1,619
(2) An eligible site may be the site of employment 1,621
positions relocated from elsewhere in this state if the director 1,623
of development determines both of the following: 1,624
(a) That the site from which the employment positions 1,626
would be relocated is inadequate to meet market and industry 1,628
conditions, expansion plans, consolidation plans, or other 1,629
business considerations affecting the relocating employer; 1,630
(b) That the governing body of the county, township, or 1,632
municipal corporation from which the employment positions would 1,633
be relocated has been notified of the possible relocation. 1,635
For purposes of this section, the movement of an employment 1,638
position from one political subdivision to another political 1,639
subdivision shall be considered a relocation of an employment 1,640
position, but the transfer of an individual employee from one 1,641
political subdivision to another political subdivision shall not 1,642
be considered a relocation of an employment position as long as 1,643
the individual's employment position in the first political 1,644
subdivision is refilled.
39
(E) A taxpayer, partnership, or S corporation that has 1,647
entered into an agreement granting a credit against the tax 1,648
imposed by section 5733.06 or 5747.02 of the Revised Code that 1,650
subsequently recovers in a lawsuit or settlement of a lawsuit at 1,652
least seventy-five per cent of the eligible costs associated with 1,653
a voluntary action shall not claim any credit amount remaining, 1,654
including any amounts carried forward from prior years, beginning 1,655
with the taxable year in which the judgment in the lawsuit is 1,656
entered or the settlement is finally agreed to.
Any amount of credit that a taxpayer, partnership, or S 1,659
corporation may not claim by reason of this division shall not be 1,660
considered to have been granted for the purpose of determining 1,661
the total amount of credits that may be issued under division
(B)(2) of this section. 1,662
(F) Each year for which a taxpayer, partnership, or S 1,665
corporation claims a credit under section 5733.34 or 5747.32 of 1,666
the Revised Code, the taxpayer, partnership, or S corporation 1,668
shall report the following to the director of development: 1,669
(1) The status of all cost recovery litigation described 1,671
in division (E) of this section to which it was a party during 1,673
the previous year;
(2) Confirmation that the covenant not to sue has not been 1,675
revoked or has not been voided; 1,676
(3) Confirmation that the taxpayer, partnership, or S 1,679
corporation has not permitted the eligible site to be used in 1,680
such a manner as to cause the relocation of employment positions 1,681
from elsewhere in this state in violation of the commitment 1,682
required under division (D) of this section; 1,683
(4) Any other information the director of development 1,685
requires to perform the director's duties under this section. 1,686
(G) The director of development shall annually certify, by 1,689
the first day of January of each year during the qualifying 1,691
period, the eligible areas for the calendar year that includes 1,693
that first day of January. 1,694
40
(H) The director of development, in accordance with 1,697
Chapter 119. of the Revised Code, shall adopt rules necessary to 1,698
implement this section, including rules prescribing forms 1,699
required for administering this section. 1,700
Sec. 122.19. As used in sections 122.19 to 122.22 of the 1,709
Revised Code: 1,710
(A) "Distressed area" means either a municipal corporation 1,712
that has a population of at least fifty thousand or a county, 1,713
that meets at least two of the following criteria of economic 1,714
distress:
(1) Its average rate of unemployment, during the most 1,716
recent five-year period for which data are available, is equal to 1,717
at least one hundred twenty-five per cent of the average rate of 1,718
unemployment for the United States for the same period. 1,719
(2) It has a per capita income equal to or below eighty 1,721
per cent of the median county per capita income of the United 1,722
States as determined by the most recently available figures from 1,723
the United States census bureau. 1,724
(3)(a) In the case of a municipal corporation, at least 1,726
twenty per cent of the residents have a total income for the most 1,727
recent census year that is below the official poverty line. 1,728
(b) In the case of a county, in intercensal years, the 1,730
county has a ratio of transfer payment income to total county 1,731
income equal to or greater than twenty-five per cent. 1,732
(B) "Eligible applicant" means any of the following that 1,734
are designated by the legislative authority of a county, 1,735
township, or municipal corporation as provided in division (B)(1) 1,736
of section 122.22 of the Revised Code: 1,737
(1) A port authority as defined in division (A) of section 1,739
4582.01 or division (A) of section 4582.21 of the Revised Code; 1,740
(2) A community improvement corporation as described in 1,742
section 1724.01 of the Revised Code; 1,743
(3) A community-based organization or action group that 1,745
provides social services and has experience in economic 1,746
41
development;
(4) Any other nonprofit economic development entity; 1,748
(5) A county, township, or municipal corporation if it 1,750
designates itself. 1,751
(C) "Eligible area" means a distressed area, a labor 1,753
surplus area, an inner city area, or a situational distress area, 1,754
as designated annually by the director of development under 1,755
division (A) of section 122.21 of the Revised Code. 1,756
(D) "Governing body" means, in the case of a county, the 1,758
board of county commissioners; in the case of a municipal 1,759
corporation, the legislative authority; and in the case of a 1,760
township, the board of township trustees. 1,761
(E) "Infrastructure improvements" includes site 1,763
preparation, including building demolition and removal; retention 1,764
ponds and flood and drainage improvements; streets, roads, 1,765
bridges, and traffic control devices; parking lots and 1,766
facilities; water and sewer lines and treatment plants; gas, 1,767
electric, and telecommunications hook-ups; and waterway and 1,768
railway access improvements. 1,769
(F) "Inner city area" means, in a municipal corporation 1,771
that has a population of at least one hundred thousand and does 1,772
not meet the criteria of a labor surplus area or a distressed 1,773
area, targeted investment areas established by the municipal 1,774
corporation within its boundaries that are comprised of the most 1,775
recent census block tracts that individually have at least twenty 1,776
per cent of their population at or below the state poverty level, 1,777
or other census block tracts contiguous to such census block 1,778
tracts.
(G) "Labor surplus area" means an area designated as a 1,780
labor surplus area by the United States department of labor. 1,781
(H) "Official poverty line" has the same meaning as in 1,783
division (A) of section 3923.51 of the Revised Code. 1,784
(I) "Redevelopment plan" means a plan that includes all of 1,786
the following: a plat; a land use description; identification of 1,787
42
all utilities and infrastructure needed to develop the property, 1,788
including street connections; highway, rail, air, or water 1,789
access; utility connections; water and sewer treatment 1,790
facilities; storm drainage; and parking, and any other elements 1,791
required by a rule adopted by the director of development under 1,792
division (B) of section 122.21 of the Revised Code. 1,793
(J) "Situational distress area" means a county or a 1,795
municipal corporation that has experienced or is experiencing a 1,796
closing or downsizing of a major employer that will adversely 1,797
affect the county's or municipal corporation's economy. In order 1,798
to be designated as a situational distress area for a period not 1,799
to exceed thirty-six months, the county or municipal corporation 1,800
may petition the director of development. The petition shall 1,801
include documentation that demonstrates all of the following: 1,802
(1) The number of jobs lost by the closing or downsizing; 1,804
(2) The impact that the job loss has on the county's or 1,806
municipal corporation's unemployment rate as measured by the Ohio 1,807
bureau DEPARTMENT of employment JOB AND FAMILY services; 1,809
(3) The annual payroll associated with the job loss; 1,811
(4) The amount of state and local taxes associated with 1,813
the job loss; 1,814
(5) The impact that the closing or downsizing has on the 1,816
suppliers located in the county or municipal corporation. 1,817
Sec. 122.23. As used in sections 122.23 to 122.27 of the 1,826
Revised Code:
(A) "Distressed area" means a county with a population of 1,828
less than one hundred twenty-five thousand that meets at least 1,829
two of the following criteria of economic distress: 1,830
(1) Its average rate of unemployment, during the most 1,832
recent five-year period for which data are available, is equal to 1,834
at least one hundred twenty-five per cent of the average rate of 1,835
unemployment for the United States for the same period.
(2) It has a per capita income equal to or below eighty 1,837
per cent of the median county per capita income of the United 1,839
43
States as determined by the most recently available figures from
the United States census bureau. 1,840
(3) In intercensal years, the county has a ratio of 1,842
transfer payment income to total county income equal to or 1,843
greater than twenty-five per cent.
(B) "Eligible applicant" means any of the following that 1,846
is designated by the governing body of an eligible area as 1,847
provided in division (B)(1) of section 122.27 of the Revised 1,848
Code:
(1) A port authority as defined in division (A) of section 1,850
4582.01 or division (A) of section 4582.21 of the Revised Code; 1,851
(2) A community improvement corporation as defined in 1,853
section 1724.01 of the Revised Code; 1,854
(3) A community-based organization or action group that 1,856
provides social services and has experience in economic 1,857
development;
(4) Any other nonprofit economic development entity; 1,859
(5) A private developer that previously has not received 1,861
financial assistance under section 122.24 of the Revised Code and 1,863
that has experience and a successful history in industrial 1,864
development.
(C) "Eligible area" means a distressed area, a labor 1,867
surplus area, or a situational distress area, as designated 1,868
annually by the director of development pursuant to division (A) 1,869
of section 122.25 of the Revised Code.
(D) "Labor surplus area" means an area designated as a 1,871
labor surplus area by the United States department of labor. 1,872
(E) "Official poverty line" has the same meaning as in 1,874
division (A) of section 3923.51 of the Revised Code. 1,875
(F) "Situational distress area" means a county that has a 1,877
population of less than one hundred twenty-five thousand persons, 1,878
or a municipal corporation in such a county, that has experienced 1,879
or is experiencing a closing or downsizing of a major employer 1,881
that will adversely affect the county's or municipal
44
corporation's economy. In order to be designated as a 1,882
situational distress area for a period not to exceed thirty-six 1,883
months, the county or municipal corporation may petition the 1,884
director of development. The petition shall include 1,885
documentation that demonstrates all of the following: 1,886
(1) The number of jobs lost by the closing or downsizing; 1,889
(2) The impact that the job loss has on the county's or 1,891
municipal corporation's unemployment rate as measured by the Ohio 1,893
bureau DIRECTOR of employment JOB AND FAMILY services; 1,894
(3) The annual payroll associated with the job loss; 1,896
(4) The amount of state and local taxes associated with 1,898
the job loss; 1,899
(5) The impact that the closing or downsizing has on the 1,901
suppliers located in the rural county or municipal corporation. 1,902
(G) "Governing body" means, in the case of a county, the 1,905
board of county commissioners; in the case of a municipal
corporation, the legislative authority; and in the case of a 1,906
township, the board of township trustees. 1,907
(H) "Infrastructure improvements" includes site 1,910
preparation, including building demolition and removal; retention 1,911
ponds and flood and drainage improvements; streets, roads, 1,912
bridges, and traffic control devices; parking lots and
facilities; water and sewer lines and treatment plants; gas, 1,913
electric, and telecommunications hook-ups; and waterway and 1,914
railway access improvements.
(I) "Private developer" means any individual, firm, 1,916
corporation, or entity, other than a nonprofit entity, limited 1,917
profit entity, or governmental entity. 1,918
Sec. 123.01. (A) The department of administrative 1,927
services, in addition to those powers enumerated in Chapters 124. 1,928
and 125. of the Revised Code, and as provided elsewhere by law, 1,929
shall exercise the following powers: 1,930
(1) To prepare, or contract to be prepared, by licensed 1,932
engineers or architects, surveys, general and detailed plans, 1,933
45
specifications, bills of materials, and estimates of cost for any 1,934
projects, improvements, or public buildings to be constructed by 1,935
state agencies that may be authorized by legislative 1,936
appropriations or any other funds made available therefor, 1,937
provided that the construction of the projects, improvements, or 1,938
public buildings is a statutory duty of the department. This 1,939
section does not require the independent employment of an 1,940
architect or engineer as provided by section 153.01 of the 1,941
Revised Code in the cases to which that section applies nor 1,942
affect or alter the existing powers of the director of 1,943
transportation. 1,944
(2) To have general supervision over the construction of 1,946
any projects, improvements, or public buildings constructed for a 1,947
state agency and over the inspection of materials previous to 1,948
their incorporation into those projects, improvements, or 1,949
buildings; 1,950
(3) To make contracts for and supervise the construction 1,952
of any projects and improvements or the construction and repair 1,953
of buildings under the control of a state agency, except 1,954
contracts for the repair of buildings under the management and 1,955
control of the departments of public safety, human JOB AND FAMILY 1,957
services, mental health, mental retardation and developmental 1,958
disabilities, rehabilitation and correction, and youth services, 1,959
the bureau of workers' compensation, the bureau of employment 1,960
services, the rehabilitation services commission, and boards of 1,962
trustees of educational and benevolent institutions. These 1,963
contracts shall be made and entered into by the directors of 1,964
public safety, human JOB AND FAMILY services, mental health, 1,966
mental retardation and developmental disabilities, rehabilitation 1,967
and correction, and youth services, the administrator of workers' 1,968
compensation, the administrator of the bureau of employment 1,969
services, the rehabilitation services commission, and the boards 1,970
of trustees of such institutions, respectively. All such 1,971
contracts may be in whole or in part on unit price basis of 1,972
46
maximum estimated cost, with payment computed and made upon 1,973
actual quantities or units. 1,974
(4) To prepare and suggest comprehensive plans for the 1,976
development of grounds and buildings under the control of a state 1,977
agency; 1,978
(5) To acquire, by purchase, gift, devise, lease, or 1,980
grant, all real estate required by a state agency, in the 1,981
exercise of which power the department may exercise the power of 1,982
eminent domain, in the manner provided by sections 163.01 to 1,983
163.22 of the Revised Code; 1,984
(6) To make and provide all plans, specifications, and 1,986
models for the construction and perfection of all systems of 1,987
sewerage, drainage, and plumbing for the state in connection with 1,988
buildings and grounds under the control of a state agency; 1,989
(7) To erect, supervise, and maintain all public monuments 1,991
and memorials erected by the state, except where the supervision 1,992
and maintenance is otherwise provided by law; 1,993
(8) To procure, by lease, storage accommodations for a 1,995
state agency; 1,996
(9) To lease or grant easements or licenses for 1,998
unproductive and unused lands or other property under the control 1,999
of a state agency. Such leases, easements, or licenses shall be 2,000
granted for a period not to exceed fifteen years and shall be 2,001
executed for the state by the director of administrative services 2,002
and the governor and shall be approved as to form by the attorney 2,003
general, provided that leases, easements, or licenses may be 2,004
granted to any county, township, municipal corporation, port 2,005
authority, water or sewer district, school district, library 2,006
district, health district, park district, soil and water 2,007
conservation district, conservancy district, or other political 2,008
subdivision or taxing district, or any agency of the United 2,009
States government, for the exclusive use of that agency, 2,010
political subdivision, or taxing district, without any right of 2,011
sublease or assignment, for a period not to exceed fifteen years, 2,012
47
and provided that the director shall grant leases, easements, or 2,013
licenses of university land for periods not to exceed twenty-five 2,014
years for purposes approved by the respective university's board 2,015
of trustees wherein the uses are compatible with the uses and 2,016
needs of the university and may grant leases of university land 2,017
for periods not to exceed forty years for purposes approved by 2,018
the respective university's board of trustees pursuant to section 2,019
123.77 of the Revised Code. 2,020
(10) To lease office space in buildings for the use of a 2,022
state agency; 2,023
(11) To have general supervision and care of the 2,025
storerooms, offices, and buildings leased for the use of a state 2,026
agency; 2,027
(12) To exercise general custodial care of all real 2,029
property of the state; 2,030
(13) To assign and group together state offices in any 2,032
city in the state and to establish, in cooperation with the state 2,033
agencies involved, rules governing space requirements for office 2,034
or storage use; 2,035
(14) To lease for a period not to exceed forty years, 2,037
pursuant to a contract providing for the construction thereof 2,038
under a lease-purchase plan, buildings, structures, and other 2,039
improvements for any public purpose, and, in conjunction 2,040
therewith, to grant leases, easements, or licenses for lands 2,041
under the control of a state agency for a period not to exceed 2,042
forty years. The lease-purchase plan shall provide that at the 2,043
end of the lease period, the buildings, structures, and related 2,044
improvements, together with the land on which they are situated, 2,045
shall become the property of the state without cost. 2,046
(a) Whenever any building, structure, or other improvement 2,048
is to be so leased by a state agency, the department shall retain 2,049
either basic plans, specifications, bills of materials, and 2,050
estimates of cost with sufficient detail to afford bidders all 2,051
needed information or, alternatively, all of the following plans, 2,052
48
details, bills of materials, and specifications: 2,053
(i) Full and accurate plans suitable for the use of 2,055
mechanics and other builders in the improvement; 2,056
(ii) Details to scale and full sized, so drawn and 2,058
represented as to be easily understood; 2,059
(iii) Accurate bills showing the exact quantity of 2,061
different kinds of material necessary to the construction; 2,062
(iv) Definite and complete specifications of the work to 2,064
be performed, together with such directions as will enable a 2,065
competent mechanic or other builder to carry them out and afford 2,066
bidders all needed information; 2,067
(v) A full and accurate estimate of each item of expense 2,069
and of the aggregate cost thereof. 2,070
(b) The department shall give public notice, in such 2,072
newspaper, in such form, and with such phraseology as the 2,073
director of administrative services prescribes, published once 2,074
each week for four consecutive weeks, of the time when and place 2,075
where bids will be received for entering into an agreement to 2,076
lease to a state agency a building, structure, or other 2,077
improvement. The last publication shall be at least eight days 2,078
preceding the day for opening the bids. The bids shall contain 2,079
the terms upon which the builder would propose to lease the 2,080
building, structure, or other improvement to the state agency. 2,081
The form of the bid approved by the department shall be used, and 2,082
a bid is invalid and shall not be considered unless that form is 2,083
used without change, alteration, or addition. Before submitting 2,084
bids pursuant to this section, any builder shall comply with 2,085
Chapter 153. of the Revised Code. 2,086
(c) On the day and at the place named for receiving bids 2,088
for entering into lease agreements with a state agency, the 2,089
director of administrative services shall open the bids and shall 2,090
publicly proceed immediately to tabulate the bids upon duplicate 2,091
sheets. No lease agreement shall be entered into until the 2,092
bureau of workers' compensation has certified that the person to 2,093
49
be awarded the lease agreement has complied with Chapter 4123. of 2,094
the Revised Code, until, if the builder submitting the lowest and 2,095
best bid is a foreign corporation, the secretary of state has 2,096
certified that the corporation is authorized to do business in 2,097
this state, until, if the builder submitting the lowest and best 2,098
bid is a person nonresident of this state, the person has filed 2,099
with the secretary of state a power of attorney designating the 2,100
secretary of state as its agent for the purpose of accepting 2,101
service of summons in any action brought under Chapter 4123. of 2,102
the Revised Code, and until the agreement is submitted to the 2,103
attorney general and the attorney general's approval is certified 2,104
thereon. Within thirty days after the day on which the bids are 2,106
received, the department shall investigate the bids received and 2,107
shall determine that the bureau and the secretary of state have 2,108
made the certifications required by this section of the builder 2,109
who has submitted the lowest and best bid. Within ten days of 2,110
the completion of the investigation of the bids, the department 2,111
shall award the lease agreement to the builder who has submitted 2,112
the lowest and best bid and who has been certified by the bureau 2,113
and secretary of state as required by this section. If bidding 2,114
for the lease agreement has been conducted upon the basis of 2,115
basic plans, specifications, bills of materials, and estimates of 2,116
costs, upon the award to the builder the department, or the 2,117
builder with the approval of the department, shall appoint an 2,118
architect or engineer licensed in this state to prepare such 2,119
further detailed plans, specifications, and bills of materials as 2,120
are required to construct the building, structure, or 2,121
improvement. The department shall adopt such rules as are 2,122
necessary to give effect to this section. The department may 2,123
reject any bid. Where there is reason to believe there is 2,124
collusion or combination among bidders, the bids of those 2,125
concerned therein shall be rejected. 2,126
(15) To acquire by purchase, gift, devise, or grant and to 2,128
transfer, lease, or otherwise dispose of all real property 2,129
50
required to assist in the development of a conversion facility as 2,130
defined in section 5709.30 of the Revised Code; 2,131
(16) To lease for a period not to exceed forty years, 2,133
notwithstanding any other division of this section, the 2,134
state-owned property located at 408-450 East Town Street, 2,135
Columbus, Ohio, formerly the state school for the deaf, to a 2,136
developer in accordance with this section. "Developer," as used 2,137
in this section, has the same meaning as in section 123.77 of the 2,138
Revised Code. 2,139
Such a lease shall be for the purpose of development of the 2,141
land for use by senior citizens by constructing, altering, 2,142
renovating, repairing, expanding, and improving the site as it 2,143
existed on June 25, 1982. A developer desiring to lease the land 2,144
shall prepare for submission to the department a plan for 2,145
development. Plans shall include provisions for roads, sewers, 2,146
water lines, waste disposal, water supply, and similar matters to 2,147
meet the requirements of state and local laws. The plans shall 2,148
also include provision for protection of the property by 2,149
insurance or otherwise, and plans for financing the development, 2,150
and shall set forth details of the developer's financial 2,151
responsibility. 2,152
The department may employ, as employees or consultants, 2,154
persons needed to assist in reviewing the development plans. 2,155
Those persons may include attorneys, financial experts, 2,156
engineers, and other necessary experts. The department shall 2,157
review the development plans and may enter into a lease if it 2,158
finds all of the following: 2,159
(a) The best interests of the state will be promoted by 2,161
entering into a lease with the developer; 2,162
(b) The development plans are satisfactory; 2,164
(c) The developer has established the developer's 2,166
financial responsibility and satisfactory plans for financing the 2,167
development. 2,168
The lease shall contain a provision that construction or 2,170
51
renovation of the buildings, roads, structures, and other 2,171
necessary facilities shall begin within one year after the date 2,172
of the lease and shall proceed according to a schedule agreed to 2,173
between the department and the developer or the lease will be 2,174
terminated. The lease shall contain such conditions and 2,175
stipulations as the director considers necessary to preserve the 2,176
best interest of the state. Moneys received by the state 2,177
pursuant to this lease shall be paid into the general revenue 2,178
fund. The lease shall provide that at the end of the lease 2,179
period the buildings, structures, and related improvements shall 2,180
become the property of the state without cost. 2,181
(17) To lease to any person any tract of land owned by the 2,183
state and under the control of the department, or any part of 2,184
such a tract, for the purpose of drilling for or the pooling of 2,185
oil or gas. Such a lease shall be granted for a period not 2,186
exceeding forty years, with the full power to contract for, 2,187
determine the conditions governing, and specify the amount the 2,188
state shall receive for the purposes specified in the lease, and 2,189
shall be prepared as in other cases. 2,190
(B) This section and section 125.02 of the Revised Code 2,192
shall not interfere with any of the following: 2,193
(1) The power of the adjutant general to purchase military 2,195
supplies, or with the custody of the adjutant general of property 2,196
leased, purchased, or constructed by the state and used for 2,197
military purposes, or with the functions of the adjutant general 2,198
as director of state armories; 2,199
(2) The power of the director of transportation in 2,201
acquiring rights-of-way for the state highway system, or the 2,202
leasing of lands for division or resident district offices, or 2,203
the leasing of lands or buildings required in the maintenance 2,204
operations of the department of transportation, or the purchase 2,205
of real property for garage sites or division or resident 2,207
district offices, or in preparing plans and specifications for 2,208
and constructing such buildings as the director may require in 2,209
52
the administration of the department; 2,210
(3) The power of the director of public safety and the 2,212
registrar of motor vehicles to purchase or lease real property 2,213
and buildings to be used solely as locations to which a deputy 2,214
registrar is assigned pursuant to division (B) of section 2,215
4507.011 of the Revised Code and from which the deputy registrar 2,216
is to conduct the deputy registrar's business, the power of the 2,217
director of public safety to purchase or lease real property and 2,218
buildings to be used as locations for division or district 2,219
offices as required in the maintenance of operations of the 2,220
department of public safety, and the power of the superintendent 2,221
of the state highway patrol in the purchase or leasing of real 2,222
property and buildings needed by the patrol, to negotiate the 2,223
sale of real property owned by the patrol, to rent or lease real 2,224
property owned or leased by the patrol, and to make or cause to 2,225
be made repairs to all property owned or under the control of the 2,226
patrol;
(4) The power of the division of liquor control in the 2,228
leasing or purchasing of retail outlets and warehouse facilities 2,229
for the use of the division; 2,230
(5) The power of the director of development to enter into 2,232
leases of real property, buildings, and office space to be used 2,233
solely as locations for the state's foreign offices to carry out 2,234
the purposes of section 122.05 of the Revised Code. 2,235
(C) Purchases for, and the custody and repair of, 2,237
buildings under the management and control of the capitol square 2,238
review and advisory board, the rehabilitation services 2,239
commission, the bureau of employment services, the bureau of 2,241
workers' compensation, or the departments of public safety, human 2,243
JOB AND FAMILY services, mental health, mental retardation and 2,244
developmental disabilities, and rehabilitation and correction, 2,245
and buildings of educational and benevolent institutions under 2,246
the management and control of boards of trustees, are not subject 2,247
to the control and jurisdiction of the department of 2,248
53
administrative services. 2,249
(D) Any instrument by which real property is acquired 2,251
pursuant to this section shall identify the agency of the state 2,253
that has the use and benefit of the real property as specified in 2,254
section 5301.012 of the Revised Code.
Sec. 124.11. The civil service of the state and the 2,263
several counties, cities, civil service townships, city health 2,264
districts, general health districts, and city school districts 2,265
thereof shall be divided into the unclassified service and the 2,266
classified service. 2,267
(A) The unclassified service shall comprise the following 2,269
positions, which shall not be included in the classified service, 2,270
and which shall be exempt from all examinations required by this 2,271
chapter: 2,272
(1) All officers elected by popular vote or persons 2,274
appointed to fill vacancies in such offices; 2,275
(2) All election officers as defined in section 3501.01 of 2,277
the Revised Code; 2,278
(3) The members of all boards and commissions, and heads 2,280
of principal departments, boards, and commissions appointed by 2,281
the governor or by and with the governor's consent; and the 2,282
members of all boards and commissions and all heads of 2,283
departments appointed by the mayor, or, if there is no mayor, 2,284
such other similar chief appointing authority of any city or city 2,285
school district; except as otherwise provided in division (A)(17) 2,286
or (C) of this section, this chapter does not exempt the chiefs 2,287
of police departments and chiefs of fire departments of cities or 2,288
civil service townships from the competitive classified service; 2,289
(4) The members of county or district licensing boards or 2,291
commissions and boards of revision, and deputy county auditors; 2,292
(5) All officers and employees elected or appointed by 2,294
either or both branches of the general assembly, and such 2,295
employees of the city legislative authority as are engaged in 2,296
legislative duties; 2,297
54
(6) All commissioned, warrant, and noncommissioned 2,299
officers and enlisted persons in the Ohio organized militia, 2,301
including military appointees in the adjutant general's 2,303
department;
(7)(a) All presidents, business managers, administrative 2,305
officers, superintendents, assistant superintendents, principals, 2,306
deans, assistant deans, instructors, teachers, and such employees 2,307
as are engaged in educational or research duties connected with 2,308
the public school system, colleges, and universities, as 2,309
determined by the governing body of the public school system, 2,310
colleges, and universities; 2,311
(b) The library staff of any library in the state 2,313
supported wholly or in part at public expense. 2,314
(8) Four clerical and administrative support employees for 2,316
each of the elective state officers; and three clerical and 2,317
administrative support employees for other elective officers and 2,318
each of the principal appointive executive officers, boards, or 2,319
commissions, except for civil service commissions, that are 2,320
authorized to appoint such clerical and administrative support 2,321
employees; 2,322
(9) The deputies and assistants of state agencies 2,324
authorized to act for and on behalf of the agency, or holding a 2,325
fiduciary or administrative relation to that agency and those 2,326
persons employed by and directly responsible to elected county 2,327
officials or a county administrator and holding a fiduciary or 2,328
administrative relationship to such elected county officials or 2,329
county administrator, and the employees of such county officials 2,330
whose fitness would be impracticable to determine by competitive 2,332
examination, provided that division (A)(9) of this section shall 2,333
not affect those persons in county employment in the classified 2,334
service as of September 19, 1961. Nothing in division (A)(9) of 2,335
this section applies to any position in a county department of 2,336
human JOB AND FAMILY services created pursuant to Chapter 329. of 2,338
the Revised Code. 2,339
55
(10) Bailiffs, constables, official stenographers, and 2,341
commissioners of courts of record, deputies of clerks of the 2,342
courts of common pleas who supervise, or who handle public moneys 2,343
or secured documents, and such officers and employees of courts 2,344
of record and such deputies of clerks of the courts of common 2,345
pleas as the director of administrative services finds it 2,346
impracticable to determine their fitness by competitive 2,347
examination; 2,348
(11) Assistants to the attorney general, special counsel 2,350
appointed or employed by the attorney general, assistants to 2,351
county prosecuting attorneys, and assistants to city directors of 2,352
law; 2,353
(12) Such teachers and employees in the agricultural 2,355
experiment stations; such students in normal schools, colleges, 2,356
and universities of the state who are employed by the state or a 2,357
political subdivision of the state in student or intern 2,358
classifications; and such unskilled labor positions as the 2,359
director of administrative services or any municipal civil 2,360
service commission may find it impracticable to include in the 2,361
competitive classified service; provided such exemptions shall be 2,362
by order of the commission or the director, duly entered on the 2,363
record of the commission or the director with the reasons for 2,364
each such exemption; 2,365
(13) Any physician or dentist who is a full-time employee 2,367
of the department of mental health or the department of mental 2,368
retardation and developmental disabilities or of an institution 2,369
under the jurisdiction of either department; and physicians who 2,370
are in residency programs at the institutions; 2,371
(14) Up to twenty positions at each institution under the 2,373
jurisdiction of the department of mental health or the department 2,374
of mental retardation and developmental disabilities that the 2,375
department director determines to be primarily administrative or 2,376
managerial; and up to fifteen positions in any division of either 2,377
department, excluding administrative assistants to the director 2,378
56
and division chiefs, which are within the immediate staff of a 2,379
division chief and which the director determines to be primarily 2,380
and distinctively administrative and managerial; 2,381
(15) Noncitizens of the United States employed by the 2,383
state, or its counties or cities, as physicians or nurses who are 2,384
duly licensed to practice their respective professions under the 2,385
laws of Ohio, or medical assistants, in mental, tuberculosis, or 2,386
chronic disease hospitals, or institutions; 2,387
(16) Employees of the governor's office; 2,389
(17) Fire chiefs and chiefs of police in civil service 2,391
townships appointed by boards of township trustees under section 2,392
505.38 or 505.49 of the Revised Code; 2,393
(18) Executive directors, deputy directors, and program 2,395
directors employed by boards of alcohol, drug addiction, and 2,396
mental health services under Chapter 340. of the Revised Code, 2,397
and secretaries of the executive directors, deputy directors, and 2,398
program directors; 2,399
(19) Superintendents, and management employees as defined 2,401
in section 5126.20 of the Revised Code, of county boards of 2,402
mental retardation and developmental disabilities; 2,403
(20) Physicians, nurses, and other employees of a county 2,405
hospital who are appointed pursuant to sections 339.03 and 339.06 2,406
of the Revised Code; 2,407
(21) The executive director of the state medical board, 2,409
who is appointed pursuant to division (B) of section 4731.05 of 2,410
the Revised Code; 2,411
(22) County directors of human JOB AND FAMILY services as 2,413
provided in section 329.02 of the Revised Code and administrators 2,415
appointed under section 329.021 of the Revised Code; 2,416
(23) A director of economic development who is hired 2,418
pursuant to division (A) of section 307.07 of the Revised Code; 2,419
(24) Chiefs of construction and compliance, of operations 2,421
and maintenance, and of licensing and certification in the 2,422
division of industrial compliance in the department of commerce; 2,423
57
(25) The executive director of a county transit system 2,425
appointed under division (A) of section 306.04 of the Revised 2,426
Code;
(26) Up to five positions at each of the administrative 2,428
departments listed in section 121.02 of the Revised Code and at 2,429
the department of taxation, department of the adjutant general, 2,430
department of education, Ohio board of regents, bureau of 2,431
employment services, bureau of workers' compensation, industrial 2,433
commission, state lottery commission, and public utilities 2,434
commission of Ohio that the head of that administrative 2,435
department or of that other state agency determines to be
involved in policy development and implementation. The head of 2,436
the administrative department or other state agency shall set the 2,437
compensation for employees in these positions at a rate that is 2,438
not less than the minimum compensation specified in pay range 41 2,439
but not more than the maximum compensation specified in pay range 2,440
44 of salary schedule E-2 in section 124.152 of the Revised Code. 2,441
The authority to establish positions in the unclassified service 2,442
under division (A)(26) of this section is in addition to and does 2,443
not limit any other authority that an administrative department 2,444
or state agency has under the Revised Code to establish 2,445
positions, appoint employees, or set compensation. 2,446
(27) Employees of the department of agriculture employed 2,448
under section 901.09 of the Revised Code; 2,449
(28) For cities, counties, civil service townships, city 2,451
health districts, general health districts, and city school 2,453
districts, the deputies and assistants of elective or principal 2,454
executive officers authorized to act for and in the place of 2,455
their principals or holding a fiduciary relation to their
principals; 2,456
(29) Employees who receive external interim, intermittent, 2,458
or temporary appointments under division (B) of section 124.30 of 2,459
the Revised Code;
(30) Employees appointed to administrative staff positions 2,461
58
for which an appointing authority is given specific statutory 2,462
authority to set compensation; 2,463
(31) Employees appointed to highway patrol cadet or 2,465
highway patrol cadet candidate classifications. 2,466
(B) The classified service shall comprise all persons in 2,468
the employ of the state and the several counties, cities, city 2,469
health districts, general health districts, and city school 2,470
districts thereof, not specifically included in the unclassified 2,471
service. Upon the creation by the board of trustees of a civil 2,472
service township civil service commission, the classified service 2,473
shall also comprise, except as otherwise provided in division 2,474
(A)(17) or (C) of this section, all persons in the employ of 2,475
civil service township police or fire departments having ten or 2,476
more full-time paid employees. The classified service consists 2,477
of two classes, which shall be designated as the competitive 2,478
class and the unskilled labor class. 2,479
(1) The competitive class shall include all positions and 2,481
employments in the state and the counties, cities, city health 2,482
districts, general health districts, and city school districts 2,483
thereof, and upon the creation by the board of trustees of a 2,484
civil service township of a township civil service commission all 2,485
positions in civil service township police or fire departments 2,486
having ten or more full-time paid employees, for which it is 2,487
practicable to determine the merit and fitness of applicants by 2,488
competitive examinations. Appointments shall be made to, or 2,489
employment shall be given in, all positions in the competitive 2,490
class that are not filled by promotion, reinstatement, transfer, 2,491
or reduction, as provided in this chapter, and the rules of the 2,492
director of administrative services, by appointment from those 2,493
certified to the appointing officer in accordance with this 2,494
chapter. 2,495
(2) The unskilled labor class shall include ordinary 2,497
unskilled laborers. Vacancies in the labor class shall be filled 2,498
by appointment from lists of applicants registered by the 2,499
59
director. The director or the commission, by rule, shall require 2,501
an applicant for registration in the labor class to furnish such 2,502
evidence or take such tests as the director considers proper with 2,503
respect to age, residence, physical condition, ability to labor, 2,504
honesty, sobriety, industry, capacity, and experience in the work 2,505
or employment for which application is made. Laborers who 2,506
fulfill the requirements shall be placed on the eligible list for 2,507
the kind of labor or employment sought, and preference shall be 2,508
given in employment in accordance with the rating received from 2,509
such evidence or in such tests. Upon the request of an 2,510
appointing officer, stating the kind of labor needed, the pay and 2,511
probable length of employment, and the number to be employed, the 2,512
director shall certify from the highest on the list double the 2,513
number to be employed; from this number the appointing officer 2,514
shall appoint the number actually needed for the particular work. 2,515
If more than one applicant receives the same rating, priority in 2,516
time of application shall determine the order in which their 2,517
names shall be certified for appointment. 2,518
(C) A municipal or civil service township civil service 2,520
commission may place volunteer firefighters who are paid on a 2,522
fee-for-service basis in either the classified or the 2,523
unclassified civil service. 2,524
(D) This division does not apply to persons in the 2,526
unclassified service who have the right to resume positions in 2,527
the classified service under sections 4121.121, 5119.071, 2,528
5120.07, 5120.38, 5120.381, 5120.382, 5123.08, 5139.02, and 2,529
5501.19 of the Revised Code. 2,530
An appointing authority whose employees are paid directly 2,533
by warrant of the auditor of state may appoint a person who holds 2,534
a certified position in the classified service within the 2,535
appointing authority's agency to a position in the unclassified
service within that agency. A person appointed pursuant to this 2,538
division to a position in the unclassified service shall retain
the right to resume the position and status held by the person in 2,540
60
the classified service immediately prior to the person's
appointment to the position in the unclassified service, 2,541
regardless of the number of positions the person held in the 2,543
unclassified service. Reinstatement to a position in the
classified service shall be to a position substantially equal to 2,544
that position in the classified service held previously, as 2,546
certified by the director of administrative services. If the
position the person previously held in the classified service has 2,547
been placed in the unclassified service or is otherwise 2,549
unavailable, the person shall be appointed to a position in the 2,550
classified service within the appointing authority's agency that 2,551
the director of administrative services certifies is comparable
in compensation to the position the person previously held in the 2,552
classified service. Service in the position in the unclassified 2,554
service shall be counted as service in the position in the 2,555
classified service held by the person immediately prior to the
person's appointment to the position in the unclassified service. 2,556
When a person is reinstated to a position in the classified 2,558
service as provided in this division, the person is entitled to 2,559
all rights, status, and benefits accruing to the position in the 2,560
classified service during the person's time of service in the
position in the unclassified service. 2,562
Sec. 124.14. (A) The director of administrative services 2,571
shall establish, and may modify or repeal, by rule, a job 2,572
classification plan for all positions, offices, and employments 2,573
the salaries of which are paid in whole or in part by the state. 2,574
The director shall group jobs within a classification so that the 2,575
positions are similar enough in duties and responsibilities to be 2,576
described by the same title, to have the same pay assigned with 2,577
equity, and to have the same qualifications for selection 2,578
applied. The director shall, by rule, assign a classification 2,579
title to each classification within the classification plan. 2,580
However, the director shall consider in establishing 2,581
classifications, including classifications with parenthetical 2,582
61
titles, and assigning pay ranges such factors as duties performed 2,583
only on one shift, special skills in short supply in the labor 2,584
market, recruitment problems, separation rates, comparative 2,585
salary rates, the amount of training required, and other 2,586
conditions affecting employment. The director shall describe the 2,587
duties and responsibilities of the class and establish the 2,588
qualifications for being employed in that position, and shall 2,589
file with the secretary of state a copy of specifications for all 2,590
of the classifications. The director shall file new, additional, 2,591
or revised specifications with the secretary of state before 2,592
being used. The director shall, by rule, assign each 2,593
classification, either on a statewide basis or in particular 2,594
counties or state institutions, to a pay range established under 2,595
section 124.15 or section 124.152 of the Revised Code. The 2,596
director may assign a classification to a pay range on a 2,597
temporary basis for a period of time designated in the rule. The 2,598
director may establish, by rule adopted under Chapter 119. of the 2,599
Revised Code, experimental classification plans for some or all 2,600
employees paid directly by warrant of the auditor of state. The 2,601
administrative rule shall include specifications for each 2,602
classification within the plan and shall specifically address 2,603
compensation ranges, and methods for advancing within the ranges,
for the classifications, which may be assigned to pay ranges 2,604
other than the pay ranges established under section 124.15 or 2,605
124.152 of the Revised Code.
The director may reassign to a proper classification those 2,607
positions that have been assigned to an improper classification. 2,608
If the compensation of an employee in such a reassigned position 2,609
exceeds the maximum rate of pay for the employee's new 2,610
classification, the employee shall be placed in pay step X and 2,611
shall not receive an increase in compensation until the maximum 2,612
rate of pay for that classification exceeds the employee's 2,613
compensation.
The director may reassign an exempt employee, as defined in 2,615
62
section 124.152 of the Revised Code, to a bargaining unit 2,616
classification if the director determines that the bargaining 2,618
unit classification is the proper classification for that
employee. Notwithstanding Chapter 4117. of the Revised Code or 2,619
instruments and contracts negotiated under it, such placements 2,620
are at the director's discretion. 2,621
The director shall, by rule, assign related 2,623
classifications, which form a career progression, to a 2,624
classification series. The director shall, by rule, assign each 2,625
classification in the classification plan a five-digit number, 2,626
the first four digits of which shall denote the classification 2,627
series to which the classification is assigned. When a career 2,628
progression encompasses more than ten classifications, the 2,629
director shall, by rule, identify the additional classifications 2,630
belonging to a classification series. Such additional 2,631
classifications shall be part of the classification series, 2,632
notwithstanding the fact that the first four digits of the number 2,633
assigned to the additional classifications do not correspond to 2,634
the first four digits of the numbers assigned to other 2,635
classifications in the classification series. 2,636
The director shall adopt rules in accordance with Chapter 2,638
119. of the Revised Code for the establishment of a 2,639
classification plan for county agencies that elect not to use the 2,640
services and facilities of a county personnel department. The 2,641
rules shall include a methodology for the establishment of titles 2,642
unique to county agencies, the use of state classification titles 2,643
and classification specifications for common positions, the 2,644
criteria for a county to meet in establishing its own 2,645
classification plan, and the establishment of what constitutes a 2,646
classification series for county agencies. 2,647
(B) Division (A) of this section and sections 124.15 and 2,649
124.152 of the Revised Code do not apply to the following 2,650
persons, positions, offices, and employments: 2,651
(1) Elected officials; 2,653
63
(2) Legislative employees, employees of the legislative 2,655
service commission, employees in the office of the governor, 2,656
employees who are in the unclassified civil service and exempt 2,657
from collective bargaining coverage in the office of the 2,658
secretary of state, auditor of state, treasurer of state, and 2,659
attorney general, and employees of the supreme court;
(3) Employees of a county children services board that 2,661
establishes compensation rates under section 5153.12 of the 2,662
Revised Code; 2,663
(4) Any position for which the authority to determine 2,665
compensation is given by law to another individual or entity; 2,666
(5) Employees of the bureau of workers' compensation whose 2,669
compensation the administrator of workers' compensation
establishes under division (B) of section 4121.121 of the Revised 2,670
Code. 2,671
(C) The director may employ a consulting agency to aid and 2,673
assist the director in carrying out this section. 2,674
(D) When the director proposes to modify a classification 2,676
or the assignment of classes to appropriate pay ranges, the 2,677
director shall send written notice of the proposed rule to the 2,678
appointing authorities of the affected employees thirty days 2,679
before the hearing on the proposed rule. The appointing 2,680
authorities shall notify the affected employees regarding the 2,681
proposed rule. The director shall also send such appointing 2,683
authorities notice of any final rule which is adopted within ten 2,684
days after adoption.
When the director proposes to reclassify any employee so 2,686
that the employee is adversely affected, the director shall give 2,687
to the employee affected and to the employee's appointing 2,689
authority a written notice setting forth the proposed new 2,690
classification, pay range, and salary. Upon the request of any 2,691
classified employee who is not serving in a probationary period, 2,692
the director shall perform a job audit to review the 2,693
classification of the employee's position to determine whether 2,694
64
the position is properly classified. The director shall give to 2,695
the employee affected and to the employee's appointing authority 2,697
a written notice of the director's determination whether or not 2,698
to reclassify the position or to reassign the employee to another 2,699
classification. An employee or appointing authority desiring a 2,700
hearing shall file a written request therefor with the state 2,701
personnel board of review within thirty days after receiving the 2,702
notice. The board shall set the matter for a hearing and notify 2,703
the employee and appointing authority of the time and place of 2,704
the hearing. The employee, appointing authority, or any 2,705
authorized representative of the employee who wishes to submit 2,706
facts for the consideration of the board shall be afforded 2,707
reasonable opportunity to do so. After the hearing, the board 2,708
shall consider anew the reclassification and may order the 2,709
reclassification of the employee and require the director to 2,710
assign the employee to such appropriate classification as the 2,712
facts and evidence warrant. As provided in division (A) of 2,713
section 124.03 of the Revised Code, the board may determine the 2,714
most appropriate classification for the position of any employee 2,715
coming before the board, with or without a job audit. The board 2,717
shall disallow any reclassification or reassignment 2,718
classification of any employee when it finds that changes have 2,719
been made in the duties and responsibilities of any particular 2,720
employee for political, religious, or other unjust reasons. 2,721
(E)(1) Employees of each county department of human JOB 2,723
AND FAMILY services shall be paid a salary or wage established by 2,726
the board of county commissioners. The provisions of section 2,727
124.18 of the Revised Code concerning the standard work week 2,728
apply to employees of county departments of human JOB AND FAMILY 2,729
services. A board of county commissioners may do either of the 2,731
following:
(a) Notwithstanding any other section of the Revised Code, 2,733
supplement the sick leave, vacation leave, personal leave, and 2,734
other benefits of any employee of the county department of human 2,735
65
JOB AND FAMILY services of that county, if the employee is 2,737
eligible for the supplement under a written policy providing for 2,738
the supplement;
(b) Notwithstanding any other section of the Revised Code, 2,740
establish alternative schedules of sick leave, vacation leave, 2,741
personal leave, or other benefits for employees not inconsistent 2,742
with the provisions of a collective bargaining agreement covering 2,743
the affected employees. 2,744
(2) The provisions of division (E)(1) of this section do 2,746
not apply to employees for whom the state employment relations 2,747
board establishes appropriate bargaining units pursuant to 2,748
section 4117.06 of the Revised Code, except in either of the 2,749
following situations: 2,750
(a) The employees for whom the state employment relations 2,752
board establishes appropriate bargaining units elect no 2,753
representative in a board-conducted representation election. 2,754
(b) After the state employment relations board establishes 2,756
appropriate bargaining units for such employees, all employee 2,757
organizations withdraw from a representation election. 2,758
(F) With respect to officers and employees of 2,760
state-supported colleges and universities except for the powers 2,761
and duties of the state personnel board of review, the powers, 2,762
duties, and functions of the department of administrative 2,763
services and the director of administrative services specified in 2,764
this chapter are hereby vested in and assigned to the personnel 2,765
departments of such colleges and universities subject to a 2,766
periodic audit and review by the director to guarantee the 2,767
uniform application of this granting of the director's powers, 2,769
duties, and functions. Upon the determination or finding of the 2,770
misuse or nonuniform application of this authority granted to the 2,771
personnel department of such state-supported colleges and 2,772
universities, the director shall order and direct the personnel 2,773
functions of such institution until sections 124.01 to 124.64 of 2,774
the Revised Code have been fully complied with. 2,775
66
(G)(1) Each board of county commissioners may, by a 2,777
resolution adopted by a majority of its members, establish a 2,778
county personnel department to exercise the powers, duties, and 2,779
functions specified in division (G) of this section. As used in 2,780
division (G) of this section, "county personnel department" means 2,781
a county personnel department established by a board of county 2,782
commissioners under division (G)(1) of this section. 2,783
(2) Each board of county commissioners may, by a 2,785
resolution adopted by a majority of its members, designate the 2,786
county personnel department of the county to exercise the powers, 2,787
duties, and functions of the department of administrative 2,788
services and the director of administrative services specified in 2,789
sections 124.01 to 124.64 and Chapter 325. of the Revised Code, 2,790
except for the powers and duties of the state personnel board of 2,791
review, which powers and duties shall not be construed as having 2,792
been modified or diminished in any manner by division (G)(2) of 2,793
this section, with respect to the employees for whom the board of 2,794
county commissioners is the appointing authority or co-appointing 2,795
authority. Upon certification of a copy of the resolution by the 2,796
board to the director, these powers, duties, and functions are 2,797
vested in and assigned to the county personnel department with 2,798
respect to the employees for whom the board of county 2,799
commissioners is the appointing authority or co-appointing 2,800
authority. The certification to the director shall be provided 2,801
not later than one hundred twenty days before the first day of 2,802
July of an odd-numbered year, and, following the certification, 2,803
the powers, duties, and functions specified in sections 124.01 to 2,804
124.64 and Chapter 325. of the Revised Code shall be vested in 2,805
and assigned to the county personnel department on that first day 2,806
of July. Nothing in division (G)(2) of this section shall be 2,807
construed to limit the right of any employee who possesses the 2,808
right of appeal to the state personnel board of review to 2,809
continue to possess that right of appeal. 2,810
Any board of county commissioners that has established a 2,812
67
county personnel department may contract with the department of 2,813
administrative services, another political subdivision, or an 2,814
appropriate public or private entity to provide competitive 2,815
testing services or other appropriate services. 2,816
(3) After the county personnel department of a county has 2,818
assumed the powers, duties, and functions of the department of 2,819
administrative services and the director as described in division 2,820
(G)(2) of this section, any elected official, board, agency, or 2,821
other appointing authority of that county may, upon notification 2,822
to the director, elect to use the services and facilities of the 2,823
county personnel department. Upon the acceptance by the director 2,824
of such notification, the county personnel department shall 2,825
exercise the powers, duties, and functions of the department of 2,826
administrative services and the director as described in division 2,827
(G)(2) of this section with respect to the employees of that 2,828
elected official, board, agency, or other appointing authority. 2,829
The notification to the director shall be provided not later than 2,830
one hundred twenty days before the first day of July of an 2,831
odd-numbered year, and, following the notification, the powers, 2,832
duties, and functions specified in sections 124.01 to 124.64 and 2,833
Chapter 325. of the Revised Code with respect to the employees of 2,834
that elected official, board, agency, or other appointing 2,835
authority shall be vested in and assigned to the county personnel 2,836
department on that first day of July. Except for those employees 2,837
under the jurisdiction of the county personnel department, the 2,838
director shall continue to exercise these powers, duties, and 2,839
functions with respect to employees of the county. 2,840
(4) Each board of county commissioners that has 2,842
established a county personnel department may, by a resolution 2,843
adopted by a majority of its members, disband the county 2,844
personnel department and return to the department of 2,845
administrative services for the administration of sections 124.01 2,846
to 124.64 and Chapter 325. of the Revised Code. The board shall, 2,847
not later than one hundred twenty days before the first day of 2,848
68
July of an odd-numbered year, send the director a certified copy 2,849
of the resolution disbanding the county personnel department. 2,850
All powers, duties, and functions previously vested in and 2,851
assigned to the county personnel department shall return to the 2,852
director on that first day of July. 2,853
(5) Any elected official, board, agency, or appointing 2,855
authority of a county may return to the department of 2,856
administrative services for the administration of sections 124.01 2,857
to 124.64 and Chapter 325. of the Revised Code. The elected 2,858
official, board, agency, or appointing authority shall, not later 2,859
than one hundred twenty days before the first day of July of an 2,860
odd-numbered year, send the director a certified copy of the 2,861
resolution that states its decision. All powers, duties, and 2,862
functions previously vested in and assigned to the county 2,863
personnel department with respect to the employees of that 2,864
elected official, board, agency, or appointing authority shall 2,865
return to the director on that first day of July. 2,866
(6) The director, by rule adopted in accordance with 2,868
Chapter 119. of the Revised Code, shall prescribe criteria and 2,869
procedures for granting to each county personnel department the 2,870
powers, duties, and functions of the department of administrative 2,871
services and the director as described in division (G)(2) of this 2,872
section with respect to the employees of an elected official, 2,873
board, agency, or other appointing authority or co-appointing 2,874
authority. The rules shall cover the following criteria and 2,875
procedures: 2,876
(a) The notification to the department of administrative 2,878
services that an elected official, board, agency, or other 2,879
appointing authority of a county has elected to use the services 2,880
and facilities of the county personnel department; 2,881
(b) A requirement that each county personnel department, 2,883
in carrying out its duties, adhere to merit system principles 2,884
with regard to employees of county departments of human JOB AND 2,885
FAMILY services, child support enforcement agencies, and public 2,887
69
child welfare agencies so that there is no threatened loss of 2,888
federal funding for these agencies, and a requirement that the 2,889
county be financially liable to the state for any loss of federal 2,890
funds due to the action or inaction of the county personnel 2,891
department. The costs associated with audits conducted to 2,892
monitor compliance with division (G)(6)(b) of this section shall 2,893
be borne equally by the department of administrative services and 2,894
the county.
(c) The termination of services and facilities rendered by 2,896
the department of administrative services, to include rate 2,897
adjustments, time periods for termination, and other related 2,898
matters; 2,899
(d) Authorization for the director of administrative 2,901
services to conduct periodic audits and reviews of county 2,902
personnel departments to guarantee the uniform application of 2,903
this granting of the director's powers, duties, and functions. 2,905
The costs of the audits and reviews shall be borne equally by the 2,906
department of administrative services and the county for which 2,907
the services were performed. 2,908
(e) The dissemination of audit findings under division 2,910
(G)(5)(d) of this section, any appeals process relating to 2,911
adverse findings by the department, and the methods whereby the 2,912
county personnel program will revert to the authority of the 2,913
director of administrative services due to misuse or nonuniform 2,914
application of the authority granted to the county under division 2,915
(G)(2) or (3) of this section. 2,916
(H) The director shall establish the rate and method of 2,918
compensation for all employees who are paid directly by warrant 2,919
of the auditor of state and who are serving in positions which 2,920
the director has determined impracticable to include in the state 2,921
job classification plan. This division does not apply to elected 2,922
officials, legislative employees, employees of the legislative 2,923
service commission, employees who are in the unclassified civil 2,924
service and exempt from collective bargaining coverage in the 2,925
70
office of the secretary of state, auditor of state, treasurer of 2,926
state, and attorney general, employees of the courts, employees 2,927
of the bureau of workers' compensation whose compensation the 2,928
administrator of workers' compensation establishes under division 2,929
(B) of section 4121.121 of the Revised Code, or employees of an 2,930
appointing authority authorized by law to fix the compensation of 2,931
those employees. 2,932
(I) The director shall set the rate of compensation for 2,934
all intermittent, interim, seasonal, temporary, emergency, and 2,936
casual employees who are not considered public employees under 2,937
section 4117.01 of the Revised Code. Such employees are not 2,939
entitled to receive employee benefits. This rate of compensation 2,940
shall be equitable in terms of the rate of employees serving in 2,942
the same or similar classifications. This division does not 2,943
apply to elected officials, legislative employees, employees of 2,944
the legislative service commission, employees who are in the 2,945
unclassified civil service and exempt from collective bargaining 2,946
coverage in the office of the secretary of state, auditor of 2,947
state, treasurer of state, and attorney general, employees of the 2,948
courts, employees of the bureau of workers' compensation whose 2,949
compensation the administrator establishes under division (B) of 2,950
section 4121.121 of the Revised Code, or employees of an
appointing authority authorized by law to fix the compensation of 2,951
those employees.
Sec. 124.324. (A) A laid-off employee has the right to 2,960
displace the employee with the fewest retention points in the 2,961
classification from which the employee was laid off or in a lower 2,962
or equivalent classification, in the following order: 2,963
(1) Within the classification from which the employee was 2,965
laid off; 2,966
(2) Within the classification series from which the 2,968
employee was laid off; 2,969
(3) Within a classification which has the same or similar 2,971
duties as the classification from which the employee was laid 2,972
71
off, in accordance with the list published by the director under 2,973
division (B)(2) of section 124.311 of the Revised Code; 2,974
(4) Within the classification the employee held 2,976
immediately prior to holding the classification from which the 2,977
employee was laid off. 2,978
Divisions (A)(3) and (4) of this section shall not apply to 2,980
employees of cities, city health districts, and counties, except 2,981
for employees of county departments of human JOB AND FAMILY 2,982
services. 2,983
A laid-off employee in the classified service has the right 2,985
to displace an employee with the fewest retention points in the 2,986
classification that the laid-off employee held immediately prior 2,987
to holding the classification from which he THE EMPLOYEE was laid 2,989
off, if the laid-off employee was certified in the former 2,990
classification. If a position in that classification does not 2,991
exist, then the employee may displace employees in the 2,992
classification that he THE EMPLOYEE next previously held, and so 2,994
on, subject to the same provisions. The employee may not displace 2,995
employees in a classification if the employee does not meet the 2,996
minimum qualifications of the classification, or if the employee 2,997
held the classification more than five years prior to the date on 2,998
which the employee was laid off, except that failure to meet 2,999
minimum qualifications shall not prevent the employee from 3,000
displacing employees in the classification that he THE EMPLOYEE 3,001
next previously held within that five-year period. 3,003
If, after exercising displacement rights, an employee is 3,005
subject to further layoff action, his THE EMPLOYEE'S displacement 3,007
rights shall be in accordance with the classification from which 3,008
he THE EMPLOYEE was first laid off. 3,009
The director shall verify the calculation of the retention 3,011
points of all employees in an affected classification in 3,012
accordance with section 124.325 of the Revised Code. 3,013
(B) Following the order of layoff, an employee laid off in 3,015
the classified civil service shall displace another employee 3,016
72
within the same appointing authority or independent institution 3,017
and layoff jurisdiction in the following manner: 3,018
(1) Each laid-off employee possessing more retention 3,020
points shall displace the employee with the fewest retention 3,021
points in the next lower classification or successively lower 3,022
classification in the same classification series; except that a 3,023
laid-off provisional employee shall not have the right to 3,024
displace a certified employee; 3,025
(2) Any employee displaced by an employee possessing more 3,027
retention points shall displace the employee with the fewest 3,028
retention points in the next lower classification or successively 3,029
lower classification in the same classification series; except 3,030
that a displaced provisional employee shall not displace a 3,031
certified employee. This process shall continue, if necessary, 3,032
until the employee with the fewest retention points in the lowest 3,033
classification of the classification series of the same 3,034
appointing authority or independent institution has been reached 3,035
and, if necessary, laid off. 3,036
(C) Employees shall notify the appointing authority of 3,038
their intention to exercise their displacement rights, within 3,039
five days after receiving notice of layoff. 3,040
(D) No employee shall displace an employee for whose 3,042
position or classification there exists special minimum 3,043
qualifications, as established by a position description, 3,044
classification specifications, or by bona fide occupational 3,045
qualification, unless the employee desiring to displace another 3,046
employee possesses the requisite minimum qualifications for the 3,047
position or classification. 3,048
(E) If an employee exercising his displacement rights must 3,050
displace an employee in another county within the same layoff 3,051
district, the displacement shall not be construed to be a 3,052
transfer. 3,053
(F) The director of administrative services shall 3,055
promulgate rules, under Chapter 119. of the Revised Code, for the 3,056
73
implementation of this section. 3,057
Sec. 125.30. (A) The department of administrative 3,066
services shall do both of the following: 3,067
(1) Create a business reply form that is capable of 3,069
containing information that a private business is required to 3,070
provide to state agencies on a regular basis. The director of 3,071
administrative services shall adopt rules in accordance with 3,072
Chapter 119. of the Revised Code specifying the information that 3,073
the form shall contain. Subject to division (E) of this section, 3,074
state agencies shall use the business reply form to obtain 3,075
information from private businesses.
(2) Create an on-line computer network system to allow 3,077
private businesses to electronically file the business reply 3,078
form.
In creating the business reply form described in division 3,080
(A)(1) of this section, the director may consider the 3,081
recommendations of interested parties from the small business 3,082
community who have direct knowledge of and familiarity with the 3,083
current state reporting requirements that apply to and the 3,084
associated forms that are filed by small businesses.
(B) The director shall establish procedures by which state 3,087
agencies may share the information that is collected through the 3,088
form established under division (A) of this section. These 3,090
procedures shall provide that information that has been
designated as confidential by any state agency shall not be made 3,092
available to the other state agencies having access to the 3,094
business reply form.
(C) Not later than September 30, 1999, the director may 3,097
report to the director of budget and management and to the 3,099
committees that handle finance and the committees that handle 3,100
state government affairs in the house of representatives and the 3,101
senate on the progress of state agencies in complying with 3,103
division (A)(1) of this section. The director may recommend a 3,104
five per cent reduction in the future appropriations of any state 3,105
74
agency that has failed to comply with that division without good 3,106
cause.
(D) As used in this section: 3,108
(1) "State agency" means the secretary of state, the 3,110
bureau DEPARTMENT of employment JOB AND FAMILY services REGARDING 3,112
DUTIES IT PERFORMS PURSUANT TO TITLE XLI OF THE REVISED CODE, the 3,113
bureau of workers' compensation, the department of administrative 3,114
services, and any other state agency that elects to participate 3,115
in the pilot program as provided in division (E) of this section. 3,116
(2) "Form" has the same meaning as in division (B) of 3,118
section 125.91 of the Revised Code. 3,119
(E) The provisions of this section pertaining to the 3,121
business reply form constitute a two-year pilot program. Not 3,122
later than one year after the effective date of this section 3,123
JANUARY 21, 1998, the department of administrative services shall 3,125
complete the planning and preparation that is necessary to
implement the pilot program. The director of administrative 3,126
services may request other state agencies, as defined in division 3,127
(A) of section 125.91 of the Revised Code, to participate in the 3,129
pilot program. If the director so requests, the state agency may 3,130
participate in the program. The provisions of this section shall
cease to have effect three years after the effective date of this 3,131
section JANUARY 21, 1998. Within ninety days after the 3,133
completion of the pilot program, the director of administrative 3,134
services shall report to the director of budget and management
and the committees described in division (C) of this section on 3,135
the effectiveness of the pilot program. 3,136
Sec. 126.07. No contract, agreement, or obligation 3,145
involving the expenditure of money chargeable to an 3,146
appropriation, nor any resolution or order for the expenditure of 3,147
money chargeable to an appropriation, shall be valid and 3,148
enforceable unless the director of budget and management first 3,149
certifies that there is a balance in the appropriation not 3,150
already obligated to pay existing obligations, in an amount at 3,151
75
least equal to the portion of the contract, agreement, 3,153
obligation, resolution, or order to be performed in the current 3,154
fiscal year. Any written contract or agreement entered into by 3,155
the state shall contain a clause stating that the obligations of 3,156
the state are subject to this section. 3,157
In order to make a payment from the state treasury, a state 3,159
agency shall first submit to the director all invoices, claims, 3,160
vouchers, and other evidentiary matter related to the payment. 3,161
If the director approves payment to be made, the director shall 3,163
submit the approval to the auditor of state for the drawing of a 3,164
warrant as provided in section 117.45 of the Revised Code. The 3,165
director shall not approve payment to be made if the director 3,166
finds that there is not an unobligated balance in the 3,168
appropriation for the payment, that the payment is not for a 3,169
valid claim against the state that is legally due, or that 3,170
insufficient evidentiary matter has been submitted. If the 3,171
director does not approve payment, the director shall notify the 3,173
agency of the reasons the director has not given approval. 3,174
In approving payments to be made under this section, the 3,176
director, upon receipt of certification from the administrator 3,177
DIRECTOR of the bureau of employment JOB AND FAMILY services 3,179
pursuant to section 4141.231 of the Revised Code, shall withhold 3,181
from amounts otherwise payable to a person who is the subject of 3,182
the administrator's DIRECTOR OF JOBS AND FAMILY SERVICES' 3,183
certification, the amount certified to be due and unpaid to the 3,184
bureau DIRECTOR of employment JOB AND FAMILY services, and shall 3,186
approve for payment to the bureau DIRECTOR of employment JOB AND 3,187
FAMILY services, the amount withheld. 3,188
Sec. 131.11. No money held or controlled by any probate 3,197
court, juvenile court, clerk of the court of common pleas, clerk 3,198
of a county court, sheriff, county recorder, director of a county 3,199
department of human JOB AND FAMILY services, clerk or bailiff of 3,200
a municipal court, prosecuting attorney, resident or division 3,202
deputy director of highways, or treasurer of a university 3,203
76
receiving state aid, in excess of that covered by federal deposit 3,204
insurance as hereinafter described or in excess of that covered 3,205
by federal savings and loan insurance, shall be deposited in any 3,206
bank, trust company, or building and loan association as defined 3,207
in section 1151.01 of the Revised Code until there is a 3,208
hypothecation of securities as provided for in section 135.18 of 3,209
the Revised Code, or until there is executed by the bank, trust 3,210
company, or building and loan association selected, a good and 3,211
sufficient undertaking, payable to the depositor, in such sum as 3,212
the depositor directs, but not less than the excess of the sum 3,213
that is deposited in the depository, at any one time over and 3,214
above the portion or amount of the sum as is at any time insured 3,215
by the federal deposit insurance corporation created pursuant to 3,216
"The Banking Act of 1933," or by the federal savings and loan 3,217
insurance corporation created pursuant to the "Home Owners' Loan 3,218
Act of 1933," 40 Stat. 128, 12 U.S.C.A. 1461, or by any other 3,219
agency or instrumentality of the federal government, pursuant to 3,220
such acts or any acts of congress amendatory thereof. 3,221
Any funds or securities in the possession or custody of any 3,223
county official in his AN official capacity or any funds or 3,224
securities the possession or custody of which is charged to any 3,225
county official, including funds or securities in transit to or 3,226
from any bank or trust company, may be insured by the board of 3,227
county commissioners in such amount as is found necessary in the 3,228
public interest. All costs of such insurance shall be paid by 3,229
the county as provided in section 307.55 of the Revised Code. 3,230
With respect to any insured or secured deposit mentioned in 3,232
this section which is active as defined by section 135.01 of the 3,233
Revised Code, any depositor named in this section may pay a 3,234
service charge which is the same as that customarily made by the 3,235
institution or institutions receiving money on deposit subject to 3,236
check in the city or village where the bank or trust company 3,237
accepting such active deposit is located. 3,238
Sec. 131.41. There is hereby created in the state treasury 3,247
77
the human FAMILY services stabilization fund. The fund shall 3,249
consist of moneys deposited into it pursuant to acts of the 3,250
general assembly. The director of budget and management, with 3,251
advice from the director of human JOB AND FAMILY services, may 3,252
transfer moneys in the human FAMILY services stabilization fund 3,253
to the general revenue fund for the department of human JOB AND 3,255
FAMILY services. Moneys may be transferred due to identified 3,257
shortfalls FOR FAMILY SERVICES ACTIVITIES, such as higher
caseloads, federal funding changes, and unforeseen costs due to 3,259
significant state policy changes. Before transfers are 3,260
authorized, the director of budget and management shall exhaust
the possibilities for transfers of moneys within the department 3,261
of human JOB AND FAMILY services to meet the identified 3,263
shortfall. Transfers shall not be used to fund policy changes 3,264
not contemplated by acts of the general assembly. Any investment
earnings of the human FAMILY services stabilization fund shall be 3,266
credited to that fund. 3,267
Sec. 135.81. As used in sections 135.81 to 135.88 of the 3,276
Revised Code: 3,277
(A) "Community improvement corporation" means a 3,279
corporation organized under Chapter 1724. of the Revised Code. 3,280
(B) "Depressed economic area linked deposit" means a 3,282
certificate of deposit in any amount placed by the treasurer of 3,283
state with an eligible lending institution at up to three per 3,284
cent below current market rates as determined and calculated by 3,285
the treasurer of state, provided the institution agrees to lend 3,286
the value of the deposit, according to the deposit agreement 3,287
provided in division (C) of section 135.86 of the Revised Code to 3,288
eligible businesses at three per cent below the present borrowing 3,289
rate applicable to each specific business at the time of the 3,290
deposit of state funds in the institution. 3,291
(C) "Eligible business" means any person that possesses 3,293
all of the following characteristics: 3,294
(1) Maintains or, because of the depressed economic area 3,296
78
linked deposit loan, will maintain offices and operating 3,297
facilities in an eligible county in this state and transacts 3,298
business in the county; 3,299
(2) Is organized for profit. 3,301
(D) "Eligible county" means any county in this state with 3,303
a rate of unemployment as determined by the bureau DIRECTOR of 3,304
employment JOB AND FAMILY services that is at least one per cent 3,306
higher than the statewide average rate of unemployment. 3,307
(E) "Eligible lending institution" means a financial 3,309
institution that: 3,310
(1) Is eligible to make commercial loans; 3,312
(2) Is a public depository of state funds under section 3,314
135.03 of the Revised Code; 3,315
(3) Agrees to participate in the depressed economic area 3,317
linked deposit program. 3,318
(F) "Qualified agent" means a: 3,320
(1) Community improvement corporation; 3,322
(2) Corporation organized under Chapter 1702. of the 3,324
Revised Code that the board of county commissioners of an 3,325
eligible county determines meets the criteria established by the 3,326
director of development pursuant to section 122.011 of the 3,328
Revised Code.
Sec. 135.96. (A) The treasurer of state shall take all 3,337
steps, including the development of guidelines, necessary to 3,338
implement the assistive technology device linked deposit program 3,339
established under sections 135.91 to 135.97 of the Revised Code 3,340
and monitor compliance of eligible lending institutions and 3,341
eligible individuals with disabilities.
(B)(1) Annually, by the first day of February, the 3,343
treasurer of state shall report on the assistive technology 3,344
device linked deposit program established under sections 135.91 3,345
to 135.97 of the Revised Code for the preceding calendar year to 3,347
the governor, the speaker of the house of representatives, and 3,348
the president of the senate.
79
(2) The report required by division (B)(1) of this section 3,350
shall set forth the assistive technology device linked deposits 3,351
made by the treasurer of state under the program during the year 3,352
and shall include information regarding both of the following: 3,353
(a) The nature, terms, and amounts of the loans upon which 3,355
the assistive technology device linked deposits were based; 3,356
(b) The eligible individuals with disabilities to whom the 3,358
loans were made. 3,359
(3) The speaker of the house of representatives shall 3,361
transmit copies of the report required by division (B)(1) of this 3,362
section to the chairperson of the standing house of 3,363
representatives committee that customarily considers legislation 3,364
regarding human FAMILY services, and the president of the senate 3,366
shall transmit copies of the report to the chairperson of the
standing senate committee that customarily considers legislation 3,367
regarding human FAMILY services. 3,368
Sec. 145.27. (A) The treasurer of state shall furnish 3,378
annually to the public employees retirement board a sworn 3,379
statement of the amount of the funds in the treasurer's TREASURER 3,380
OF STATE'S custody belonging to the public employees retirement 3,383
system.
(B)(1) As used in this division, "personal history record" 3,385
means information maintained by the board on a member, former 3,386
member, contributor, former contributor, retirant, or beneficiary 3,387
that includes the address, telephone number, social security 3,388
number, record of contributions, correspondence with the system, 3,389
or other information the board determines to be confidential. 3,390
(2) The records of the board shall be open to public 3,392
inspection, except for the following, which shall be excluded, 3,393
except with the written authorization of the individual 3,394
concerned: 3,395
(a) The individual's statement of previous service and 3,397
other information as provided for in section 145.16 of the 3,398
Revised Code; 3,399
80
(b) The amount of a monthly allowance or benefit paid to 3,401
the individual; 3,402
(c) The individual's personal history record. 3,404
(C) All medical reports and recommendations required by 3,406
sections 145.01 to 145.59 of the Revised Code are privileged, 3,407
except that copies of such medical reports or recommendations 3,408
shall be made available to the personal physician, attorney, or 3,409
authorized agent of the individual concerned upon written release 3,410
from the individual or the individual's agent, or when necessary 3,412
for the proper administration of the fund, to the board assigned 3,413
physician.
(D) Any person who is a member or contributor of the 3,415
system shall be furnished with a statement of the amount to the 3,416
credit of the individual's account upon written request. The 3,418
board is not required to answer more than one such request of a 3,419
person in any one year. The board may issue annual statements of 3,420
accounts to members and contributors. 3,421
(E) Notwithstanding the exceptions to public inspection in 3,423
division (B)(2) of this section, the board may furnish the 3,424
following information: 3,425
(1) If a member, former member, contributor, former 3,427
contributor, or retirant is subject to an order issued under 3,428
section 2907.15 of the Revised Code or is convicted of or pleads 3,429
guilty to a violation of section 2921.41 of the Revised Code, on 3,430
written request of a prosecutor as defined in section 2935.01 of 3,431
the Revised Code, the board shall furnish to the prosecutor the 3,432
information requested from the individual's personal history 3,433
record. 3,434
(2) Pursuant to a court or administrative order issued 3,436
under section 3111.23 or 3113.21 of the Revised Code, the board 3,437
shall furnish to a court or child support enforcement agency the 3,438
information required under that section. 3,439
(3) At the written request of any person, the board shall 3,441
provide to the person a list of the names and addresses of 3,442
81
members, former members, contributors, former contributors, 3,443
retirants, or beneficiaries. The costs of compiling, copying, 3,444
and mailing the list shall be paid by such person. 3,445
(4) Within fourteen days after receiving from the director 3,447
of human JOB AND FAMILY services a list of the names and social 3,448
security numbers of recipients of public assistance pursuant to 3,450
section 5101.181 of the Revised Code, the board shall inform the 3,451
auditor of state of the name, current or most recent employer 3,452
address, and social security number of each member whose name and 3,453
social security number are the same as that of a person whose 3,454
name or social security number was submitted by the director. 3,455
The board and its employees shall, except for purposes of 3,456
furnishing the auditor of state with information required by this 3,457
section, preserve the confidentiality of recipients of public 3,458
assistance in compliance with division (A) of section 5101.181 of 3,459
the Revised Code.
(F) A statement that contains information obtained from 3,461
the system's records that is signed by the executive director of 3,462
the retirement system and to which the system's official seal is 3,463
affixed, or copies of the system's records to which the signature 3,464
and seal are attached, shall be received as true copies of the 3,465
system's records in any court or before any officer of this 3,466
state. 3,467
Sec. 149.43. (A) As used in this section: 3,476
(1) "Public record" means any record that is kept by any 3,478
public office, including, but not limited to, state, county, 3,479
city, village, township, and school district units, except that 3,481
"public record" does not mean any of the following:
(a) Medical records; 3,483
(b) Records pertaining to probation and parole 3,485
proceedings;
(c) Records pertaining to actions under section 2151.85 3,487
and division (C) of section 2919.121 of the Revised Code and to 3,489
appeals of actions arising under those sections; 3,490
82
(d) Records pertaining to adoption proceedings, including 3,492
the contents of an adoption file maintained by the department of 3,493
health under section 3705.12 of the Revised Code; 3,494
(e) Information in a record contained in the putative 3,496
father registry established by section 3107.062 of the Revised 3,497
Code, regardless of whether the information is held by the 3,498
department of human JOB AND FAMILY services or, pursuant to 3,499
section 5101.313 of the Revised Code, the division of child 3,500
support in the department or a child support enforcement agency; 3,501
(f) Records listed in division (A) of section 3107.42 of 3,503
the Revised Code or specified in division (A) of section 3107.52 3,504
of the Revised Code;
(g) Trial preparation records; 3,506
(h) Confidential law enforcement investigatory records; 3,508
(i) Records containing information that is confidential 3,510
under section 2317.023 or 4112.05 of the Revised Code; 3,511
(j) DNA records stored in the DNA database pursuant to 3,514
section 109.573 of the Revised Code;
(k) Inmate records released by the department of 3,516
rehabilitation and correction to the department of youth services 3,518
or a court of record pursuant to division (E) of section 5120.21 3,519
of the Revised Code;
(l) Records maintained by the department of youth services 3,521
pertaining to children in its custody released by the department 3,522
of youth services to the department of rehabilitation and 3,523
correction pursuant to section 5139.05 of the Revised Code; 3,524
(m) Intellectual property records; 3,526
(n) Donor profile records; 3,528
(o) Records maintained by the department of human services 3,530
pursuant to section 5101.312 of the Revised Code; 3,531
(p) Peace officer residential and familial information; 3,533
(q) In the case of a county hospital operated pursuant to 3,536
Chapter 339. of the Revised Code, information that constitutes a 3,538
trade secret, as defined in section 1333.61 of the Revised Code; 3,539
83
(q)(r) Records the release of which is prohibited by state 3,541
or federal law. 3,542
(2) "Confidential law enforcement investigatory record" 3,544
means any record that pertains to a law enforcement matter of a 3,545
criminal, quasi-criminal, civil, or administrative nature, but 3,546
only to the extent that the release of the record would create a 3,547
high probability of disclosure of any of the following: 3,548
(a) The identity of a suspect who has not been charged 3,550
with the offense to which the record pertains, or of an 3,551
information source or witness to whom confidentiality has been 3,552
reasonably promised; 3,553
(b) Information provided by an information source or 3,555
witness to whom confidentiality has been reasonably promised, 3,556
which information would reasonably tend to disclose the source's 3,557
or witness's identity; 3,558
(c) Specific confidential investigatory techniques or 3,560
procedures or specific investigatory work product; 3,561
(d) Information that would endanger the life or physical 3,563
safety of law enforcement personnel, a crime victim, a witness, 3,564
or a confidential information source. 3,565
(3) "Medical record" means any document or combination of 3,567
documents, except births, deaths, and the fact of admission to or 3,568
discharge from a hospital, that pertains to the medical history, 3,569
diagnosis, prognosis, or medical condition of a patient and that 3,570
is generated and maintained in the process of medical treatment. 3,571
(4) "Trial preparation record" means any record that 3,573
contains information that is specifically compiled in reasonable 3,574
anticipation of, or in defense of, a civil or criminal action or 3,575
proceeding, including the independent thought processes and 3,576
personal trial preparation of an attorney. 3,577
(5) "Intellectual property record" means a record, other 3,580
than a financial or administrative record, that is produced or
collected by or for faculty or staff of a state institution of 3,581
higher learning in the conduct of or as a result of study or 3,582
84
research on an educational, commercial, scientific, artistic, 3,583
technical, or scholarly issue, regardless of whether the study or 3,584
research was sponsored by the institution alone or in conjunction
with a governmental body or private concern, and that has not 3,586
been publicly released, published, or patented. 3,587
(6) "Donor profile record" means all records about donors 3,589
or potential donors to a public institution of higher education 3,590
except the names and reported addresses of the actual donors and 3,591
the date, amount, and conditions of the actual donation. 3,592
(7) "Peace officer residential and familial information" 3,594
means information that discloses any of the following: 3,595
(a) The address of the actual personal residence of a 3,597
peace officer, except for the state or political subdivision in 3,598
which the peace officer resides; 3,599
(b) Information compiled from referral to or participation 3,601
in an employee assistance program; 3,602
(c) The social security number, the residential telephone 3,604
number, any bank account, debit card, charge card, or credit card 3,605
number, or the emergency telephone number of, or any medical 3,606
information pertaining to, a peace officer; 3,607
(d) The name of any beneficiary of employment benefits, 3,609
including, but not limited to, life insurance benefits, provided 3,611
to a peace officer by the peace officer's employer; 3,612
(e) The identity and amount of any charitable or 3,614
employment benefit deduction made by the peace officer's employer 3,615
from the peace officer's compensation unless the amount of the 3,616
deduction is required by state or federal law; 3,617
(f) The name, the residential address, the name of the 3,619
employer, the address of the employer, the social security 3,620
number, the residential telephone number, any bank account, debit 3,621
card, charge card, or credit card number, or the emergency 3,622
telephone number of the spouse, a former spouse, or any child of 3,623
a peace officer.
As used in divisions (A)(7) and (B)(5) of this section, 3,625
85
"peace officer" has the same meaning as in section 109.71 of the 3,627
Revised Code, except that "peace officer" does not include the 3,628
sheriff of a county or a supervisory employee who, in the absence 3,629
of the sheriff, is authorized to stand in for, exercise the 3,630
authority of, and perform the duties of the sheriff. 3,631
(B)(1) Subject to division (B)(4) of this section, all 3,633
public records shall be promptly prepared and made available for 3,635
inspection to any person at all reasonable times during regular 3,636
business hours. Subject to division (B)(4) of this section, upon 3,637
request, a public office or person responsible for public records 3,638
shall make copies available at cost, within a reasonable period 3,639
of time. In order to facilitate broader access to public 3,640
records, public offices shall maintain public records in a manner 3,641
that they can be made available for inspection in accordance with 3,642
this division.
(2) If any person chooses to obtain a copy of a public 3,644
record in accordance with division (B)(1) of this section, the 3,646
public office or person responsible for the public record shall
permit that person to choose to have the public record duplicated 3,648
upon paper, upon the same medium upon which the public office or 3,649
person responsible for the public record keeps it, or upon any 3,651
other medium upon which the public office or person responsible
for the public record determines that it reasonably can be 3,653
duplicated as an integral part of the normal operations of the 3,654
public office or person responsible for the public record. When 3,655
the person seeking the copy makes a choice under this division, 3,656
the public office or person responsible for the public record 3,657
shall provide a copy of it in accordance with the choice made by 3,659
the person seeking the copy.
(3) Upon a request made in accordance with division (B)(1) 3,661
of this section, a public office or person responsible for public 3,662
records shall transmit a copy of a public record to any person by 3,663
United States mail within a reasonable period of time after 3,664
receiving the request for the copy. The public office or person 3,666
86
responsible for the public record may require the person making 3,667
the request to pay in advance the cost of postage and other 3,668
supplies used in the mailing. 3,669
Any public office may adopt a policy and procedures that it 3,672
will follow in transmitting, within a reasonable period of time 3,673
after receiving a request, copies of public records by United 3,675
States mail pursuant to this division. A public office that 3,677
adopts a policy and procedures under this division shall comply 3,678
with them in performing its duties under this division. 3,679
In any policy and procedures adopted under this division, a 3,681
public office may limit the number of records requested by a 3,682
person that the office will transmit by United States mail to ten 3,683
per month, unless the person certifies to the office in writing 3,684
that the person does not intend to use or forward the requested 3,685
records, or the information contained in them, for commercial 3,687
purposes. For purposes of this division, "commercial" shall be 3,688
narrowly construed and does not include reporting or gathering
news, reporting or gathering information to assist citizen 3,689
oversight or understanding of the operation or activities of 3,690
government, or nonprofit educational research. 3,691
(4) A public office or person responsible for public 3,693
records is not required to permit a person who is incarcerated 3,694
pursuant to a criminal conviction or a juvenile adjudication to 3,695
inspect or to obtain a copy of any public record concerning a 3,696
criminal investigation or prosecution or concerning what would be 3,697
a criminal investigation or prosecution if the subject of the 3,698
investigation or prosecution were an adult, unless the request to 3,699
inspect or to obtain a copy of the record is for the purpose of 3,700
acquiring information that is subject to release as a public 3,701
record under this section and the judge who imposed the sentence 3,702
or made the adjudication with respect to the person, or the 3,703
judge's successor in office, finds that the information sought in 3,704
the public record is necessary to support what appears to be a 3,705
justiciable claim of the person. 3,706
87
(5) Upon written request made and signed by a journalist 3,708
on or after the effective date of this amendment, a public 3,710
office, or person responsible for public records, having custody
of the records of the agency employing a specified peace officer 3,711
shall disclose to the journalist the address of the actual 3,713
personal residence of the peace officer and, if the peace 3,714
officer's spouse, former spouse, or child is employed by a public 3,715
office, the name and address of the employer of the peace 3,716
officer's spouse, former spouse, or child. The request shall 3,717
include the journalist's name and title and the name and address 3,718
of the journalist's employer and shall state that disclosure of 3,719
the information sought would be in the public interest. 3,720
As used in division (B)(5) of this section, "journalist" 3,722
means a person engaged in, connected with, or employed by any 3,723
news medium, including a newspaper, magazine, press association, 3,724
news agency, or wire service, a radio or television station, or a 3,725
similar medium, for the purpose of gathering, processing, 3,726
transmitting, compiling, editing, or disseminating information 3,727
for the general public. 3,728
(C) If a person allegedly is aggrieved by the failure of a 3,730
public office to promptly prepare a public record and to make it 3,732
available to the person for inspection in accordance with
division (B) of this section, or if a person who has requested a 3,734
copy of a public record allegedly is aggrieved by the failure of 3,735
a public office or the person responsible for the public record 3,737
to make a copy available to the person allegedly aggrieved in 3,738
accordance with division (B) of this section, the person 3,739
allegedly aggrieved may commence a mandamus action to obtain a 3,740
judgment that orders the public office or the person responsible 3,741
for the public record to comply with division (B) of this section 3,742
and that awards reasonable attorney's fees to the person that 3,743
instituted the mandamus action. The mandamus action may be 3,744
commenced in the court of common pleas of the county in which 3,745
division (B) of this section allegedly was not complied with, in 3,746
88
the supreme court pursuant to its original jurisdiction under 3,747
Section 2 of Article IV, Ohio Constitution, or in the court of 3,748
appeals for the appellate district in which division (B) of this 3,749
section allegedly was not complied with pursuant to its original 3,750
jurisdiction under Section 3 of Article IV, Ohio Constitution. 3,751
(D) Chapter 1347. of the Revised Code does not limit the 3,753
provisions of this section. 3,754
(E)(1) The bureau of motor vehicles may adopt rules 3,756
pursuant to Chapter 119. of the Revised Code to reasonably limit 3,758
the number of bulk commercial special extraction requests made by
a person for the same records or for updated records during a 3,759
calendar year. The rules may include provisions for charges to 3,760
be made for bulk commercial special extraction requests for the 3,762
actual cost of the bureau, plus special extraction costs, plus 3,763
ten per cent. The bureau may charge for expenses for redacting 3,764
information, the release of which is prohibited by law. 3,765
(2) As used in divisions (B)(3) and (E)(1) of this 3,767
section:
(a) "Actual cost" means the cost of depleted supplies, 3,769
records storage media costs, actual mailing and alternative 3,770
delivery costs, or other transmitting costs, and any direct 3,771
equipment operating and maintenance costs, including actual costs 3,772
paid to private contractors for copying services. 3,773
(b) "Bulk commercial special extraction request" means a 3,775
request for copies of a record for information in a format other 3,776
than the format already available, or information that cannot be 3,777
extracted without examination of all items in a records series, 3,778
class of records, or data base by a person who intends to use or 3,779
forward the copies for surveys, marketing, solicitation, or 3,780
resale for commercial purposes. "Bulk commercial special 3,781
extraction request" does not include a request by a person who 3,782
gives assurance to the bureau that the person making the request 3,783
does not intend to use or forward the requested copies for 3,784
surveys, marketing, solicitation, or resale for commercial 3,785
89
purposes.
(c) "Commercial" means profit-seeking production, buying, 3,787
or selling of any good, service, or other product. 3,788
(d) "Special extraction costs" means the cost of the time 3,790
spent by the lowest paid employee competent to perform the task, 3,791
the actual amount paid to outside private contractors employed by 3,792
the bureau, or the actual cost incurred to create computer 3,793
programs to make the special extraction. "Special extraction 3,794
costs" include any charges paid to a public agency for computer
or records services. 3,795
(3) For purposes of divisions (E)(1) and (2) of this 3,798
section, "commercial surveys, marketing, solicitation, or resale" 3,799
shall be narrowly construed and does not include reporting or
gathering news, reporting or gathering information to assist 3,801
citizen oversight or understanding of the operation or activities 3,802
of government, or nonprofit educational research. 3,803
Sec. 153.39. If the plans, drawings, representations, 3,812
bills of material, specifications of work, and estimates relate 3,813
to the building of a children's home, they shall be submitted to 3,814
the board of county commissioners and three citizens of the 3,815
county, to be appointed by a resident judge of the court of 3,816
common pleas, or a judge residing in the same subdivision of the 3,817
judicial district. If approved by a majority of them, a copy 3,818
thereof shall be deposited with the county auditor and kept by 3,819
him THE AUDITOR for the inspection of interested parties. Before 3,821
such plans are adopted, they shall be submitted to the department 3,822
of human JOB AND FAMILY services for suggestions and criticism. 3,823
The boards of counties composing a district for the purpose of 3,824
establishing a district children's home, in letting contracts for 3,825
the necessary buildings or the repair or alteration thereof, 3,826
shall be governed by the law relating to letting contracts for 3,827
erecting, repairing, or altering other public buildings. 3,828
Sec. 169.02. Subject to division (B) of section 169.01 of 3,837
the Revised Code, the following constitute unclaimed funds: 3,838
90
(A) Except as provided in division (R) of this section, 3,841
any demand, savings, or matured time deposit account, or matured 3,842
certificate of deposit, together with any interest or dividend on 3,843
it, less any lawful claims, that is held or owed by a holder 3,844
which is a financial organization, unclaimed for a period of five 3,845
years;
(B) Any funds paid toward the purchase of withdrawable 3,847
shares or other interest in a financial organization, and any 3,848
interest or dividends on them, less any lawful claims, that is 3,849
held or owed by a holder which is a financial organization, 3,850
unclaimed for a period of five years; 3,851
(C) Except as provided in division (A) of section 3903.45 3,853
of the Revised Code, moneys held or owed by a holder, including a 3,854
fraternal association, providing life insurance, including 3,855
annuity or endowment coverage, unclaimed for three years after 3,857
becoming payable as established from the records of such holder 3,858
under any life or endowment insurance policy or annuity contract 3,859
that has matured or terminated. An insurance policy, the 3,860
proceeds of which are payable on the death of the insured, not 3,861
matured by proof of death of the insured is deemed matured and 3,862
the proceeds payable if such policy was in force when the insured 3,863
attained the limiting age under the mortality table on which the 3,864
reserve is based. 3,865
Moneys otherwise payable according to the records of such 3,867
holder are deemed payable although the policy or contract has not 3,868
been surrendered as required. 3,869
(D) Any deposit made to secure payment or any sum paid in 3,871
advance for utility services of a public utility and any amount 3,872
refundable from rates or charges collected by a public utility 3,873
for utility services held or owed by a holder, less any lawful 3,874
claims, that has remained unclaimed for one year after the 3,876
termination of the services for which the deposit or advance 3,877
payment was made or one year from the date the refund was 3,879
payable, whichever is earlier; 3,880
91
(E) Except as provided in division (R) of this section, 3,883
any certificates, securities as defined in section 1707.01 of the 3,884
Revised Code, nonwithdrawable shares, other instruments 3,885
evidencing ownership, or rights to them or funds paid toward the 3,886
purchase of them, or any dividend, capital credit, profit, 3,887
distribution, interest, or payment on principal or other sum, 3,888
held or owed by a holder, including funds deposited with a fiscal 3,889
agent or fiduciary for payment of them, and instruments
representing an ownership interest, unclaimed for five years. 3,891
Any underlying share or other intangible instrument representing 3,892
an ownership interest in a business association, in which the 3,893
issuer has recorded on its books the issuance of the share but 3,894
has been unable to deliver the certificate to the shareholder, 3,895
constitutes unclaimed funds if such underlying share is unclaimed 3,896
for five years. In addition, an underlying share constitutes 3,897
unclaimed funds if a dividend, distribution, or other sum payable 3,898
as a result of the underlying share has remained unclaimed by the 3,899
owner for five years. 3,900
This division shall not prejudice the rights of fiscal 3,902
agents or fiduciaries for payment to return the items described 3,903
in this division to their principals, according to the terms of 3,904
an agency or fiduciary agreement, but such a return shall 3,905
constitute the principal as the holder of the items and shall not 3,906
interrupt the period for computing the time for which the items 3,907
have remained unclaimed. 3,908
In the case of any such funds accruing and held or owed by 3,910
a corporation under division (E) of section 1701.24 of the 3,911
Revised Code, such corporation shall comply with this chapter, 3,912
subject to the limitation contained in section 1701.34 of the 3,913
Revised Code. The period of time for which such funds have gone 3,914
unclaimed specified in section 1701.34 of the Revised Code shall 3,915
be computed, with respect to dividends or distributions, 3,916
commencing as of the dates when such dividends or distributions 3,917
would have been payable to the shareholder had such shareholder 3,918
92
surrendered the certificates for cancellation and exchange by the 3,919
date specified in the order relating to them. 3,920
Capital credits of a cooperative which after January 1, 3,922
1972, have been allocated to members and which by agreement are 3,923
expressly required to be paid if claimed after death of the owner 3,924
are deemed payable, for the purpose of this chapter, fifteen 3,925
years after either the termination of service by the cooperative 3,926
to the owner or upon the nonactivity as provided in division (B) 3,927
of section 169.01 of the Revised Code, whichever occurs later, 3,928
provided that this provision does not apply if the payment is not 3,929
mandatory. 3,930
(F) Any sum payable on certified checks or other written 3,932
instruments certified or issued and representing funds held or 3,933
owed by a holder, less any lawful claims, that are unclaimed for 3,934
five years, and traveler's checks that are unclaimed for fifteen 3,936
years from the date payable, or from the date of issuance if 3,937
payable on demand. 3,938
As used in this division, "written instruments" include, 3,940
but are not limited to, certified checks, cashier's checks, bills 3,941
of exchange, letters of credit, drafts, money orders, and 3,942
traveler's checks. 3,943
If there is no address of record for the owner or other 3,945
person entitled to the funds, such address is presumed to be the 3,946
address where the instrument was certified or issued. 3,947
(G) Except as provided in division (R) of this section, 3,950
all moneys, rights to moneys, or other intangible property, 3,951
arising out of the business of engaging in the purchase or sale 3,952
of securities, or otherwise dealing in intangibles, less any 3,953
lawful claims, that are held or owed by a holder and are 3,954
unclaimed for five years from the date of transaction.
(H) Except as provided in division (A) of section 3903.45 3,956
of the Revised Code, all moneys, rights to moneys, and other 3,957
intangible property distributable in the course of dissolution or 3,958
liquidation of a holder that are unclaimed for one year after the 3,959
93
date set by the holder for distribution; 3,960
(I) All moneys, rights to moneys, or other intangible 3,962
property removed from a safe-deposit box or other safekeeping 3,963
repository located in this state or removed from a safe-deposit 3,964
box or other safekeeping repository of a holder, on which the 3,965
lease or rental period has expired, or any amount arising from 3,966
the sale of such property, less any lawful claims, that are 3,967
unclaimed for three years from the date on which the lease or 3,969
rental period expired; 3,970
(J) Subject to division (M)(2) of this section, all 3,972
moneys, rights to moneys, or other intangible property, and any 3,973
income or increment on them, held or owed by a holder which is a 3,974
fiduciary for the benefit of another, or a fiduciary or custodian 3,975
of a qualified retirement plan or individual retirement 3,976
arrangement under section 401 or 408 of the Internal Revenue 3,977
Code, unclaimed for three years after the final date for 3,978
distribution; 3,979
(K) All moneys, rights to moneys, or other intangible 3,981
property held or owed in this state or held for or owed to an 3,982
owner whose last known address is within this state, by the 3,983
United States government or any state, as those terms are 3,984
described in division (E) of section 169.01 of the Revised Code, 3,985
unclaimed by the owner for three years, excluding any property in 3,987
the control of any court in a proceeding in which a final 3,988
adjudication has not been made; 3,989
(L) Amounts payable pursuant to the terms of any policy of 3,991
insurance, other than life insurance, or any refund available 3,992
under such a policy, held or owed by any holder, unclaimed for 3,993
three years from the date payable or distributable; 3,994
(M)(1) Subject to division (M)(2) of this section, any 3,996
funds constituting rents or lease payments due, any deposit made 3,997
to secure payment of rents or leases, or any sum paid in advance 3,998
for rents, leases, possible damage to property, unused services, 3,999
performance requirements, or any other purpose, held or owed by a 4,000
94
holder unclaimed for one year; 4,001
(2) Any escrow funds, security deposits, or other moneys 4,003
that are received by a licensed broker in a fiduciary capacity 4,004
and that, pursuant to division (A)(26) of section 4735.18 of the 4,005
Revised Code, are required to be deposited into and maintained in 4,006
a special or trust, noninterest-bearing bank account separate and 4,007
distinct from any personal or other account of the licensed 4,008
broker, held or owed by the licensed broker unclaimed for two 4,009
years. 4,010
(N) Any sum payable as wages, salaries, or commissions, 4,012
any sum payable for services rendered, funds owed or held as 4,013
royalties, oil and mineral proceeds, funds held for or owed to 4,014
suppliers, and moneys owed under pension and profit-sharing 4,015
plans, held or owed by any holder unclaimed for one year from 4,017
date payable or distributable, and all other credits held or owed 4,018
by any holder unclaimed for three years from date payable or
distributable; 4,019
(O) Amounts held in respect of or represented by lay-aways 4,021
sold after January 1, 1972, less any lawful claims, when such 4,022
lay-aways are unclaimed for three years after the sale of them; 4,023
(P) All moneys, rights to moneys, and other intangible 4,025
property not otherwise constituted as unclaimed funds by this 4,026
section, including any income or increment on them, less any 4,027
lawful claims, which are held or owed by any holder, other than a 4,028
holder which holds a permit issued pursuant to Chapter 3769. of 4,029
the Revised Code, and which have remained unclaimed for three 4,031
years after becoming payable or distributable; 4,032
(Q) All moneys that arise out of a sale held pursuant to 4,034
section 5322.03 of the Revised Code, that are held by a holder 4,035
for delivery on demand to the appropriate person pursuant to 4,036
division (I) of that section, and that are unclaimed for two 4,037
years after the date of the sale. 4,038
(R)(1) Any funds that are subject to an agreement between 4,041
the holder and owner providing for automatic reinvestment and 4,042
95
that constitute dividends, distributions, or other sums held or 4,043
owed by a holder in connection with a security as defined in 4,044
section 1707.01 of the Revised Code, an ownership interest in an 4,047
investment company registered under the "Investment Company Act 4,048
of 1940," 54 Stat. 789, 15 U.S.C. 80a-1, as amended, or a 4,050
certificate of deposit, unclaimed for a period of five years. 4,051
(2) The five-year period under division (R)(1) of this 4,053
section commences from the date a second shareholder notification 4,054
or communication mailing to the owner of the funds is returned to 4,055
the holder as undeliverable by the United States postal service 4,056
or other carrier. The notification or communication mailing by 4,057
the holder shall be no less frequent than quarterly. 4,058
All moneys in a personal allowance account, as defined by 4,061
rules adopted by the department DIRECTOR of human JOB AND FAMILY 4,063
services, up to and including the maximum resource limitation, of 4,064
a medicaid patient who has died after receiving care in a 4,065
long-term care facility, and for whom there is no identifiable 4,066
heir or sponsor, are not subject to this chapter. 4,067
Sec. 169.03. (A)(1) Every holder of unclaimed funds and, 4,076
when requested, every person which could be the holder of 4,077
unclaimed funds, under this chapter shall report to the director 4,078
of commerce with respect to the unclaimed funds as provided in 4,079
this section. The report shall be verified. 4,080
(2) With respect to items of unclaimed funds each having a 4,082
value of fifty dollars or more, the report required under 4,083
division (A)(1) of this section shall include: 4,085
(a) The full name, if known, and last known address, if 4,087
any, of each person appearing from the records of the holder to 4,088
be the owner of unclaimed funds under this chapter; 4,089
(b) In the case of unclaimed funds reported by holders 4,091
providing life insurance coverage, the full name of the insured 4,092
or annuitant and beneficiary, if any, and their last known 4,093
addresses according to such holder's records; 4,094
(c) The nature and identifying number, if any, or 4,096
96
description of the funds and the amount appearing from the 4,097
records to be due; 4,098
(d) The date when the funds became payable, demandable, or 4,100
returnable and the date of the last transaction with the owner 4,101
with respect to the funds; 4,102
(e) Subject to division (I) of this section, the social 4,104
security number of the owner of the unclaimed funds, if it is 4,105
available;
(f) Other information which the director prescribes as 4,107
necessary for the administration of this chapter. 4,108
(3) With respect to items of unclaimed funds each having a 4,110
value of less than fifty dollars, the report required under 4,111
division (A)(1) of this section shall include: 4,112
(a) Each category of items of unclaimed funds as described 4,114
in section 169.02 of the Revised Code; 4,115
(b) The number of items of unclaimed funds within each 4,117
category; 4,118
(c) The aggregated value of the items of unclaimed funds 4,120
within each category. 4,121
(B) If the holder of unclaimed funds is a successor to 4,123
other organizations that previously held the funds for the owner, 4,124
or if the holder has changed its name while holding the funds, it 4,125
shall file with the report all prior known names and addresses 4,126
and date and state of incorporation or formation of each holder 4,127
of the funds. 4,128
(C) The report shall be filed before the first day of 4,130
November of each year as of the preceding thirtieth day of June, 4,131
but the report of holders providing life insurance coverage shall 4,132
be filed before the first day of May of each year as of the 4,133
preceding thirty-first day of December. The director may 4,134
postpone, for good cause shown, the reporting date upon written 4,135
request by any holder required to file a report. 4,136
(D) The holder of unclaimed funds under this chapter shall 4,138
send notice to each owner of each item of unclaimed funds having 4,139
97
a value of fifty dollars or more at the last known address of the 4,142
owner as shown by the records of the holder before filing the 4,143
annual report. In case of holders providing life insurance
coverage, such notice shall also be mailed to each beneficiary at 4,144
the last known address of such beneficiary as shown by the 4,145
records of such holder, except that such notice to beneficiaries 4,146
shall not be mailed if such address is the same as that of the 4,147
insured and the surname of the beneficiary is the same as that of 4,148
the insured. The holder shall not report an item of unclaimed 4,149
funds earlier than the thirtieth day after the mailing of notice 4,150
required by this division. 4,151
Such notice shall set forth the nature and identifying 4,153
number, if any, or description of the funds and the amount 4,154
appearing on the records of the holder to be due the owner, and 4,155
shall inform the owner that the funds will, thirty days after the 4,156
mailing of such notice, be reported as unclaimed funds under this 4,157
chapter. A self-addressed, stamped envelope shall be included 4,158
with the notice, with instructions that the owner may use such 4,159
envelope to inform the holder of the owner's continued interest 4,161
in the funds and, if so informed before the date for making the 4,162
report to the director, the holder shall not report said funds to 4,163
the director. The notice shall be mailed by first class mail. 4,164
If there is no address of record for the owner or other person 4,165
entitled to the unclaimed funds, the holder is relieved of any 4,166
responsibility of sending notice, attempting to notify, or 4,167
notifying the owner. The mailing of notice pursuant to this 4,168
section shall discharge the holder from any further 4,169
responsibility to give notice. 4,170
(E) Verification of the report and of the mailing of 4,172
notice, where required, shall be executed by an officer of the 4,173
reporting holder. 4,174
(F)(1) The director may at reasonable times and upon 4,176
reasonable notice examine or cause to be examined, by auditors of 4,177
supervisory departments or divisions of the state, the records of 4,178
98
any holder to determine compliance with this chapter. 4,179
(2) Holders shall retain records, designated by the 4,181
director as applicable to unclaimed funds, for five years beyond 4,182
the relevant time period provided in section 169.02 of the 4,184
Revised Code, or until completion of an audit conducted pursuant 4,185
to division (F) of this section, whichever occurs first. An 4,186
audit conducted pursuant to division (F) of this section shall 4,187
not require a holder to make records available for a period of
time exceeding the records retention period set forth in division 4,189
(F) of this section, except for records pertaining to instruments 4,190
evidencing ownership, or rights to them or funds paid toward the 4,191
purchase of them, or any dividend, capital credit, profit, 4,192
distribution, interest, or payment on principal or other sum, 4,193
held or owed by a holder, including funds deposited with a fiscal 4,194
agent or fiduciary for payment of them, or pertaining to debt of 4,195
a publicly traded corporation. Any holder that is audited 4,196
pursuant to division (F) of this section shall only be required 4,197
to make available those records that are relevant to an unclaimed 4,198
funds audit of that holder as prescribed by the director. 4,199
(3) The director may enter into contracts, pursuant to 4,201
procedures prescribed by the director, with persons for the sole 4,202
purpose of examining the records of holders, determining 4,203
compliance with this chapter, and collecting, taking possession 4,204
of, and remitting to the department's division of unclaimed 4,205
funds, in a timely manner, the amounts found and defined as 4,206
unclaimed. The director shall not enter into such a contract 4,208
with a person unless the person does all of the following: 4,209
(a) Agrees to maintain the confidentiality of the records 4,211
examined, as required under division (F)(4) of this section; 4,212
(b) Agrees to conduct the audit in accordance with rules 4,214
adopted under section 169.09 of the Revised Code; 4,215
(c) Obtains a corporate surety bond issued by a bonding 4,217
company or insurance company authorized to do business in this 4,218
state. The bond shall be in favor of the director and in the 4,219
99
penal sum determined by the director. The bond shall be for the 4,220
benefit of any holder of unclaimed funds that is audited by the 4,221
principal and is injured by the principal's failure to comply
with division (F)(3)(a) or (b) of this section. 4,222
(4) Records audited pursuant to division (F) of this 4,225
section are confidential, and shall not be disclosed except as 4,226
required by section 169.06 of the Revised Code or as the director 4,227
considers necessary in the proper administration of this chapter. 4,228
(5) If a person with whom the director has entered into a 4,231
contract pursuant to division (F)(3) of this section intends to 4,232
conduct, in conjunction with an unclaimed funds audit under this 4,233
section, an unclaimed funds audit for the purpose of 4,234
administering another state's unclaimed or abandoned property 4,235
laws, the person, prior to commencing the audit, shall provide 4,236
written notice to the director of the person's intent to conduct 4,237
such an audit, along with documentation evidencing the person's 4,238
express authorization from the other state to conduct the audit
on behalf of that state. 4,239
(6) Prior to the commencement of an audit conducted 4,241
pursuant to division (F) of this section, the director shall 4,242
notify the holder of unclaimed funds of the director's intent to 4,243
audit the holder's records. If the audit will be conducted in 4,244
conjunction with an audit for one or more other states, the 4,245
director shall provide the holder with the name or names of those 4,246
states.
(7) Any holder of unclaimed funds may appeal the findings 4,248
of an audit conducted pursuant to division (F) of this section to 4,249
the director. Pursuant to the authority granted by section 4,250
169.09 of the Revised Code, the director shall adopt rules 4,251
establishing procedures for considering such an appeal. 4,252
(G) All holders shall make sufficient investigation of 4,254
their records to ensure that the funds reported to the director 4,255
are unclaimed as set forth in division (B) of section 169.01 and 4,256
section 169.02 of the Revised Code. 4,257
100
(H) The expiration of any period of limitations on or 4,259
after March 1, 1968, within which a person entitled to any 4,260
moneys, rights to moneys, or intangible property could have 4,261
commenced an action or proceeding to obtain the same shall not 4,262
prevent such items from becoming unclaimed funds or relieve the 4,263
holder thereof of any duty to report and give notice as provided 4,264
in this section and deliver the same in the manner provided in 4,265
section 169.05 of the Revised Code, provided that the holder may 4,266
comply with the provisions of this section and section 169.05 of 4,267
the Revised Code with respect to any moneys, rights to moneys, or 4,268
intangible property as to which the applicable statute of 4,269
limitations has run prior to March 1, 1968, and in such event the 4,270
holder shall be entitled to the protective provisions of section 4,271
169.07 of the Revised Code. 4,272
(I) No social security number contained in a report made 4,274
pursuant to this section shall be used by the department of 4,275
commerce for any purpose other than to enable the division of 4,276
unclaimed funds to carry out the purposes of this chapter and for 4,277
child support purposes in response to a request made by the 4,278
division of child support in the department of human JOB AND 4,279
FAMILY services made pursuant to section 5101.327 of the Revised 4,280
Code.
Sec. 169.08. (A) Any person claiming a property interest 4,289
in unclaimed funds delivered or reported to the state under 4,290
Chapter 169. of the Revised Code, including the division of child 4,291
support in the department of human JOB AND FAMILY services, 4,292
pursuant to section 5101.327 of the Revised Code, may file a 4,294
claim thereto on the form prescribed by the director of commerce. 4,295
(B) The director shall consider matters relevant to any 4,297
claim filed under division (A) of this section and shall hold a 4,298
formal hearing if requested or considered necessary and receive 4,299
evidence concerning such claim. A finding and decision in 4,300
writing on each claim filed shall be prepared, stating the 4,301
substance of any evidence received or heard and the reasons for 4,302
101
allowance or disallowance of the claim. The evidence and 4,303
decision shall be a public record. No statute of limitations 4,304
shall bar the allowance of a claim. 4,305
(C) For the purpose of conducting any hearing, the 4,307
director may require the attendance of such witnesses and the 4,308
production of such books, records, and papers as the director 4,309
desires, and the director may take the depositions of witnesses 4,311
residing within or without this state in the same manner as is 4,313
prescribed by law for the taking of depositions in civil actions 4,314
in the court of common pleas, and for that purpose the director 4,315
may issue a subpoena for any witness or a subpoena duces tecum to 4,316
compel the production of any books, records, or papers, directed 4,317
to the sheriff of the county where such witness resides or is 4,318
found, which shall be served and returned. The fees and mileage 4,319
of the sheriff and witnesses shall be the same as that allowed in 4,320
the court of common pleas in criminal cases. Fees and mileage 4,321
shall be paid from the unclaimed funds trust fund. 4,322
(D) Interest is not payable to claimants of unclaimed 4,324
funds held by the state. Claims shall be paid from the trust 4,325
fund. If the amount available in the trust fund is not 4,326
sufficient to pay pending claims, or other amounts disbursable 4,327
from the trust fund, the treasurer of state shall certify such 4,328
fact to the director, who shall then withdraw such amount of 4,329
funds from the mortgage accounts as the director determines 4,330
necessary to reestablish the trust fund to a level required to 4,332
pay anticipated claims but not more than ten per cent of the net 4,333
unclaimed funds reported to date. 4,334
The director shall retain in the trust fund, as a fee for 4,336
administering the funds, five per cent of the total amount of 4,337
unclaimed funds payable to the claimant and may withdraw the 4,338
funds paid to the director by the holders and deposited by the 4,339
director with the treasurer of state or in a financial 4,340
institution as agent for such funds. Whenever these funds are 4,341
inadequate to meet the requirements for the trust fund, the 4,342
102
director shall provide for a withdrawal of funds, within a 4,344
reasonable time, in such amount as is necessary to meet the 4,345
requirements, from financial institutions in which such funds 4,346
were retained or placed by a holder and from other holders who 4,347
have retained funds, in an equitable manner as prescribed by the 4,348
director. In the event that the amount to be withdrawn from any 4,350
one such holder is less than five hundred dollars, the amount to 4,351
be withdrawn shall be at the discretion of the director. Such 4,352
funds may be reimbursed in the amounts withdrawn when the trust 4,353
fund has a surplus over the amount required to pay anticipated 4,354
claims. Whenever the trust fund has a surplus over the amount 4,355
required to pay anticipated claims, the director may transfer 4,356
such surplus to the mortgage accounts. 4,357
(E) If a claim which is allowed under this section relates 4,359
to funds which have been retained by the reporting holder, and if 4,360
the funds, on deposit with the treasurer of state pursuant to 4,361
this chapter, are insufficient to pay claims, the director may 4,362
notify such holder in writing of the payment of the claim and 4,363
such holder shall immediately reimburse the state in the amount 4,364
of such claim. The reimbursement shall be credited to the 4,365
unclaimed funds trust fund. 4,366
(F) Any person, including the division of child support, 4,368
adversely affected by a decision of the director may appeal such 4,370
decision in the manner provided in Chapter 119. of the Revised 4,371
Code.
In the event the claimant prevails, the claimant shall be 4,373
reimbursed for reasonable attorney's fees and costs. 4,375
(G) Notwithstanding anything to the contrary in this 4,377
chapter, any holder who has paid moneys to or entered into an 4,378
agreement with the director pursuant to section 169.05 of the 4,379
Revised Code on certified checks, cashiers' checks, bills of 4,380
exchange, letters of credit, drafts, money orders, or travelers' 4,381
checks, may make payment to any person entitled thereto, 4,382
including the division of child support, and upon surrender of 4,384
103
the document, except in the case of travelers' checks, and proof 4,385
of such payment, the director shall reimburse the holder for such 4,386
payment without interest.
Sec. 173.03. (A) There is hereby created the Ohio 4,395
advisory council for the aging, which shall consist of twelve 4,396
members to be appointed by the governor with the advice and 4,397
consent of the senate. Two ex officio members of the council 4,398
shall be members of the house of representatives appointed by the 4,399
speaker of the house of representatives and shall be members of 4,400
two different political parties. Two ex officio members of the 4,401
council shall be members of the senate appointed by the president 4,402
of the senate and shall be members of two different political 4,403
parties. The directors of mental health, mental retardation and 4,404
developmental disabilities, health, and human JOB AND FAMILY 4,406
services, or their designees, shall serve as ex officio members 4,407
of the council. The council shall carry out its role as defined 4,408
under the "Older Americans Act of 1965," 79 Stat. 219, 42 U.S.C. 4,409
3001, as amended.
At the first meeting of the council, and annually 4,411
thereafter, the members shall select one of their members to 4,412
serve as chairman CHAIRPERSON and one of their members to serve 4,413
as vice-chairman VICE-CHAIRPERSON. 4,414
(B) Members of the council shall be appointed for a term 4,416
of three years, except that for the first appointment members of 4,417
the Ohio commission on aging who were serving on the commission 4,418
immediately prior to July 26, 1984, shall become members of the 4,419
council for the remainder of their unexpired terms. Thereafter, 4,420
appointment to the council shall be for a three-year term by the 4,421
governor. Each member shall hold office from the date of his 4,422
appointment until the end of the term for which he THE MEMBER was 4,424
appointed. Any member appointed to fill a vacancy occurring
prior to the expiration of the term for which his THE MEMBER'S 4,425
predecessor was appointed shall hold office for the remainder of 4,427
the term. Any member may continue in office subsequent to the 4,428
104
expiration date of his THE MEMBER'S term until his A successor 4,429
takes office and shall be compensated for the period he serves 4,431
SERVED between the expiration of his THE MEMBER'S term and the 4,432
beginning of his THE successor's term. 4,433
(C) Membership of the council shall represent all areas of 4,435
Ohio and shall be as follows: 4,436
(1) A majority of members of the council shall have 4,438
attained the age of sixty and have a knowledge of and continuing 4,439
interest in the affairs and welfare of the older citizens of 4,440
Ohio. The fields of business, labor, health, law, and human 4,441
services shall be represented in the membership. 4,442
(2) No more than seven members shall be of the same 4,444
political party. 4,445
(D) Any member of the council may be removed from office 4,447
by the governor for neglect of duty, misconduct, or malfeasance 4,448
in office after being informed in writing of the charges and 4,449
afforded an opportunity for a hearing. Two consecutive unexcused 4,450
absences from regularly scheduled meetings constitute neglect of 4,451
duty. 4,452
(E) Members of the council shall be compensated at the 4,454
rate of fifty dollars for each day actually employed in the 4,455
discharge of official duties but not to exceed two thousand 4,456
dollars per year and in addition shall be allowed actual and 4,457
necessary expenses. 4,458
(F) Council members are not limited as to the number of 4,460
terms they may serve. 4,461
(G) Council members shall not be interested directly or 4,463
indirectly in any contract awarded by the department of aging. 4,464
Sec. 173.17. (A) The state long-term care ombudsperson 4,474
shall do all of the following: 4,475
(1) Appoint a staff and direct and administer the work of 4,477
the staff; 4,478
(2) Supervise the nursing home investigative unit 4,480
established under division (I) of section 173.01 of the Revised 4,481
105
Code; 4,482
(3) Oversee the performance and operation of the office of 4,484
the state long-term care ombudsperson program, including the 4,486
operation of regional long-term care ombudsperson programs; 4,488
(4) Establish and maintain a statewide uniform reporting 4,490
system to collect and analyze information relating to complaints 4,491
and conditions in long-term care facilities and complaints 4,492
regarding the provision of community-based long-term care 4,493
services for the purpose of identifying and resolving significant 4,494
problems; 4,495
(5) Provide for public forums to discuss concerns and 4,497
problems relating to action, inaction, or decisions that may 4,498
adversely affect the health, safety, welfare, or rights of 4,499
residents and recipients of services by providers of long-term 4,500
care and their representatives, public agencies and entities, and 4,501
social service agencies. This may include any of the following: 4,502
conducting public hearings; sponsoring workshops and conferences; 4,503
holding meetings for the purpose of obtaining information about 4,504
residents and recipients, discussing and publicizing their needs, 4,505
and advocating solutions to their problems; and promoting the 4,506
development of citizen organizations. 4,507
(6) Encourage, cooperate with, and assist in the 4,509
development and operation of services to provide current, 4,510
objective, and verified information about long-term care; 4,511
(7) Develop and implement, with the assistance of regional 4,513
programs, a continuing program to publicize, through the media 4,514
and civic organizations, the office, its purposes, and its 4,515
methods of operation; 4,516
(8) Maintain written descriptions of the duties and 4,518
qualifications of representatives of the office; 4,519
(9) Evaluate and make known concerns and issues regarding 4,521
long-term care by doing all of the following: 4,522
(a) Preparing an annual report containing information and 4,524
findings regarding the types of problems experienced by residents 4,525
106
and recipients and the complaints made by or on behalf of 4,526
residents and recipients. The report shall include 4,527
recommendations for policy, regulatory, and legislative changes 4,528
to solve problems, resolve complaints, and improve the quality of 4,529
care and life for residents and recipients and shall be submitted 4,530
to the governor, the speaker of the house of representatives, the 4,531
president of the senate, the directors of the departments of 4,532
health and human OF JOB AND FAMILY services, and the commissioner 4,534
of the administration on aging of the United States department of
health and human services. 4,536
(b) Monitoring and analyzing the development and 4,538
implementation of federal, state, and local laws, rules, and 4,539
policies regarding long-term care services in this state and 4,540
recommending to officials changes the office considers 4,541
appropriate in these laws, rules, and policies; 4,542
(c) Providing information and making recommendations to 4,544
public agencies, members of the general assembly, and others 4,545
regarding problems and concerns of residents and recipients. 4,546
(10) Conduct training for employees and volunteers on 4,548
ombudsperson's staff and for representatives of the office 4,550
employed by regional programs; 4,551
(11) Monitor the training of representatives of the office 4,553
who provide volunteer services to regional programs, and provide 4,554
technical assistance to the regional programs in conducting the 4,555
training; 4,556
(12) Issue certificates attesting to the successful 4,558
completion of training and specifying the level of responsibility 4,559
for which a representative of the office who has completed 4,560
training is qualified; 4,561
(13) Register as a residents' rights advocate with the 4,563
department of health under division (B) of section 3701.07 of the 4,564
Revised Code; 4,565
(14) Perform other duties specified by the department of 4,567
aging. 4,568
107
(B) The state ombudsperson may delegate any of the 4,571
ombudsperson's authority or duties under sections 173.14 to 4,572
173.26 of the Revised Code to any member of the ombudsperson's 4,574
staff. The state ombudsperson is responsible for any authority 4,576
or duties the ombudsperson delegates.
Sec. 173.35. (A) As used in this section, "PASSPORT 4,585
administrative agency" means an entity under contract with the 4,586
department of aging to provide administrative services regarding 4,587
the PASSPORT program created under section 173.40 of the Revised 4,589
Code.
(B) The department of aging shall administer the 4,592
residential state supplement program under which the state
supplements the supplemental security income payments received by 4,593
aged, blind, or disabled adults under Title XVI of the "Social 4,594
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A., as amended. 4,595
Residential state supplement payments shall be used for the 4,596
provision of accommodations, supervision, and personal care 4,597
services to supplemental security income recipients who the 4,598
department determines are at risk of needing institutional care. 4,599
(C) For an individual to be eligible for residential state 4,602
supplement payments, all of the following must be the case: 4,604
(1) Except as provided by division (G) of this section, 4,606
the individual must reside in one of the following: 4,607
(a) An adult foster home certified under section 173.36 of 4,609
the Revised Code; 4,610
(b) A home or facility, other than a nursing home or 4,612
nursing home unit of a home for the aging, licensed by the 4,613
department of health under Chapter 3721. or 3722. of the Revised 4,615
Code;
(c) A community alternative home licensed under section 4,617
3724.03 of the Revised Code; 4,618
(d) A residential facility as defined in division 4,620
(A)(1)(d)(ii) of section 5119.22 of the Revised Code licensed by 4,621
the department of mental health; 4,622
108
(e) An apartment or room used to provide community mental 4,624
health housing services certified by the department of mental 4,625
health under division (M) of section 5119.61 of the Revised Code 4,626
and approved by a board of alcohol, drug addiction, and mental 4,627
health services under division (A)(13) of section 340.03 of the 4,628
Revised Code. 4,629
(2) Effective July 1, 2000, a PASSPORT administrative 4,633
agency must have determined that the environment in which the
individual will be living while receiving the payments is 4,634
appropriate for the individual's needs. If the individual is 4,635
eligible for supplemental security income payments or social 4,636
security disability insurance benefits because of a mental 4,637
disability, the PASSPORT administrative agency shall refer the 4,638
individual to a community mental health agency for the community 4,639
mental health agency to issue in accordance with section 340.091 4,640
of the Revised Code a recommendation on whether the PASSPORT
administrative agency should determine that the environment in 4,641
which the individual will be living while receiving the payments 4,642
is appropriate for the individual's needs. Division (C)(2) of 4,643
this section does not apply to an individual receiving 4,644
residential state supplement payments on June 30, 2000, until the 4,645
individual's first eligibility redetermination after that date. 4,646
(3) The individual satisfies all eligibility requirements 4,648
established by rules adopted under division (D) of this section. 4,649
(D) The departments DIRECTORS of aging and human JOB AND 4,652
FAMILY services shall adopt rules in accordance with section 4,654
111.15 of the Revised Code as necessary to implement the 4,656
residential state supplement program.
To the extent permitted by Title XVI of the "Social 4,659
Security Act," and any other provision of federal law, the 4,660
department DIRECTOR of human JOB AND FAMILY services shall adopt 4,662
rules establishing standards for adjusting the eligibility
requirements concerning the level of impairment a person must 4,664
have so that the amount appropriated for the program by the 4,665
109
general assembly is adequate for the number of eligible
individuals. The rules shall not limit the eligibility of 4,666
disabled persons solely on a basis classifying disabilities as 4,667
physical or mental. The department DIRECTOR of human JOB AND 4,668
FAMILY services also shall adopt rules that establish eligibility 4,670
standards for aged, blind, or disabled individuals who reside in 4,671
one of the homes or facilities specified in division (C)(1) of 4,673
this section but who, because of their income, do not receive 4,675
supplemental security income payments. The rules may provide 4,676
that these individuals may include individuals who receive other 4,677
types of benefits, including social security disability insurance 4,678
benefits provided under Title II of the "Social Security Act," 49 4,680
Stat. 620 (1935), 42 U.S.C.A. 401, as amended. Notwithstanding 4,681
division (B) of this section, such payments may be made if funds 4,682
are available for them. 4,683
The department DIRECTOR of aging shall adopt rules 4,685
establishing the method to be used to determine the amount an 4,687
eligible individual will receive under the program. The amount 4,688
the general assembly appropriates for the program shall be a
factor included in the method that department establishes. 4,690
(E) The county department of human JOB AND FAMILY services 4,692
of the county in which an applicant for the residential state 4,696
supplement program resides shall determine whether the applicant 4,697
meets income and resource requirements for the program.
(F) The department of aging shall maintain a waiting list 4,699
of any individuals eligible for payments under this section but 4,701
not receiving them because moneys appropriated to the department 4,702
for the purposes of this section are insufficient to make 4,703
payments to all eligible individuals. An individual may apply to 4,704
be placed on the waiting list even though the individual does not 4,705
reside in one of the homes or facilities specified in division 4,706
(C)(1) of this section at the time of application. The 4,707
department DIRECTOR of aging, by rules adopted in accordance with 4,710
Chapter 119. of the Revised Code, shall specify procedures and 4,711
110
requirements for placing an individual on the waiting list. 4,712
Individuals on the waiting list who reside in a community setting 4,713
not required to be licensed or certified shall have their
eligibility for the payments assessed before other individuals on 4,714
the waiting list. 4,715
(G) An individual in a licensed or certified living 4,717
arrangement receiving state supplementation on November 15, 1990, 4,718
under former section 5101.531 of the Revised Code shall not 4,719
become ineligible for payments under this section solely by 4,720
reason of the individual's living arrangement as long as the 4,722
individual remains in the living arrangement in which the 4,723
individual resided on November 15, 1990.
(H) The department of aging shall notify each person 4,725
denied approval for payments under this section of the person's 4,727
right to a hearing. On request, the hearing shall be provided by
the department of human JOB AND FAMILY services in accordance 4,728
with section 5101.35 of the Revised Code. 4,730
Sec. 173.40. There is hereby created a program to be known 4,739
as the preadmission screening system providing options and 4,740
resources today program, or PASSPORT. Through the medical 4,741
assistance program established under Chapter 5111. of the Revised 4,743
Code, the program shall provide home and community-based services 4,744
as an alternative to nursing facility placement for aged and
disabled persons. The program shall be operated pursuant to a 4,745
home and community-based waiver granted by the United States 4,746
secretary of health and human services under section 1915 of the 4,747
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 1396n, as 4,748
amended. The department of aging shall administer the program. 4,749
The department of aging shall enter into an interagency agreement
with the department of human JOB AND FAMILY services regarding 4,750
services provided under the program to recipients of medical 4,752
assistance under Chapter 5111. of the Revised Code. The 4,753
departments DIRECTORS of aging and human JOB AND FAMILY services 4,754
shall adopt rules in accordance with Chapter 119. of the Revised 4,755
111
Code to implement the program.
Sec. 176.05. (A)(1) Notwithstanding any provision of law 4,764
to the contrary, the rate of wages payable for the various 4,765
occupations covered by sections 4115.03 to 4115.16 of the Revised 4,766
Code to persons employed on a project who are not any of the 4,768
following shall be determined according to this section:
(a) Qualified volunteers; 4,770
(b) Persons required to participate in a work activity, 4,773
developmental activity, or alternative work activity under
sections 5107.40 to 5107.69 of the Revised Code except those 4,775
engaged in paid employment or subsidized employment pursuant to 4,776
the activity;
(c) Food stamp benefit recipients required to participate 4,778
in employment and training activities established by rules 4,779
adopted under section 5101.54 of the Revised Code. 4,780
An association representing the general contractors or 4,783
subcontractors that engage in the business of residential 4,784
construction in a certain locality shall negotiate with the 4,785
applicable building and construction trades council in that 4,786
locality an agreement or understanding that sets forth the
residential prevailing rate of wages, payable on projects in that 4,787
locality, for each of the occupations employed on those projects. 4,788
(2) Notwithstanding any residential prevailing rate of 4,790
wages established prior to July 1, 1995, if, by October 1, 1995, 4,791
the parties are unable to agree under division (A)(1) of this 4,792
section as to the rate of wages payable for each occupation 4,793
covered by sections 4115.03 to 4115.16 of the Revised Code, the 4,794
administrator DIRECTOR of the bureau of employment services 4,795
COMMERCE shall establish the rate of wages payable for each 4,796
occupation.
(3) The residential prevailing rate of wages established 4,798
under division (A)(1) or (2) of this section shall not be equal 4,799
to or greater than the prevailing rate of wages determined by the 4,800
administrator DIRECTOR pursuant to sections 4115.03 to 4115.16 of 4,802
112
the Revised Code for any of the occupations covered by those 4,803
sections.
(B) Except for the prevailing rate of wages determined by 4,805
the administrator DIRECTOR pursuant to sections 4115.03 to 4,806
4115.16 of the Revised Code, those sections and section 4115.99 4,808
of the Revised Code apply to projects. 4,809
(C) The residential prevailing rate of wages established 4,811
under division (A) of this section is not payable to any 4,812
individual or member of that individual's family who provides 4,813
labor in exchange for acquisition of the property for 4,814
homeownership or who provides labor in place of or as a 4,815
supplement to any rental payments for the property. 4,816
(D) For the purposes of this section: 4,818
(1) "Project" means any construction, rehabilitation, 4,820
remodeling, or improvement of residential housing, whether on a 4,821
single or multiple site for which a person, as defined in section 4,822
1.59 of the Revised Code, or municipal corporation, county, or 4,823
township receives financing, that is financed in whole or in part 4,824
from state moneys or pursuant to this chapter, section 133.51 or 4,825
307.698 of the Revised Code, or Chapter 175. of the Revised Code, 4,826
except for any of the following: 4,827
(a) The single-family mortgage revenue bonds homeownership 4,829
program under Chapter 175. of the Revised Code, including 4,830
owner-occupied dwellings of one to four units; 4,831
(b) Projects consisting of fewer than six units developed 4,833
by any entity that is not a nonprofit organization exempt from 4,834
federal income tax under section 501(c)(3) of the Internal 4,835
Revenue Code; 4,836
(c) Projects of fewer than twenty-five units developed by 4,838
any nonprofit organization that is exempt from federal income tax 4,839
under section 501(c)(3) of the Internal Revenue Code; 4,840
(d) Programs undertaken by any municipal corporation, 4,842
county, or township, including lease-purchase programs, using 4,843
mortgage revenue bond financing; 4,844
113
(e) Any individual project, that is sponsored or developed 4,846
by a nonprofit organization that is exempt from federal income 4,847
tax under section 501(c)(3) of the Internal Revenue Code, for 4,848
which the federal government or any of its agencies furnishes by 4,849
loan, grant, low-income housing tax credit, or insurance more 4,850
than twelve per cent of the costs of the project. For purposes 4,851
of division (D)(2)(e) of this section, the value of the 4,852
low-income housing tax credits shall be calculated as the 4,853
proceeds from the sale of the tax credits, less the costs of the 4,854
sale. 4,855
As used in division (D)(1)(e) of this section, "sponsored" 4,857
means that the general partner of a limited partnership owning 4,858
the project is either a nonprofit organization that is exempt 4,859
from federal income tax under section 501(c)(3) of the Internal 4,860
Revenue Code or a person, as defined in section 1.59 of the 4,861
Revised Code, in which such a nonprofit organization maintains 4,862
controlling interest. 4,863
Nothing in division (D)(1)(e) of this section shall be 4,865
construed as permitting unrelated projects to be combined for the 4,866
sole purpose of determining the total percentage of project costs 4,867
furnished by the federal government or any of its agencies. 4,868
(2) A "project" is a "public improvement" and the state or 4,870
a political subdivision that undertakes or participates in the 4,871
financing of a project is a "public authority," as both of the 4,872
last two terms are defined in section 4115.03 of the Revised 4,873
Code. 4,874
(3) "Qualified volunteers" are volunteers who are working 4,876
without compensation for a nonprofit organization that is exempt 4,877
from federal income tax under section 501(c)(3) of the Internal 4,878
Revenue Code, and that is providing housing or housing assistance 4,879
only to families and individuals in a county whose incomes are 4,880
not greater than one hundred forty per cent of the median income 4,881
of that county as determined under section 175.23 of the Revised 4,882
Code. 4,883
114
Sec. 307.01. (A) A courthouse, jail, public comfort 4,892
station, offices for county officers, and a county home shall be 4,893
provided by the board of county commissioners when, in its 4,894
judgment, any of them are needed. The buildings and offices 4,895
shall be of such style, dimensions, and expense as the board 4,896
determines. All new jails and renovations to existing jails 4,897
shall be designed, and all existing jails shall be operated in 4,898
such a manner as to comply substantially with the minimum 4,899
standards for jails in Ohio adopted by the department of 4,901
rehabilitation and correction. The board shall also provide 4,902
equipment, stationery, and postage, as it considers reasonably 4,903
necessary for the proper and convenient conduct of county 4,904
offices, and such facilities as will result in expeditious and 4,905
economical administration of such offices, except that, for the 4,906
purpose of obtaining federal or state reimbursement, the board 4,907
may impose on the public children services agency reasonable 4,908
charges, not exceeding the amount for which reimbursement will be 4,911
made and consistent with cost-allocation standards adopted by the 4,912
department of human JOB AND FAMILY services, for the provision of 4,914
office space, supplies, stationery, utilities, telephone use, 4,915
postage, and general support services.
The board of county commissioners shall provide all rooms, 4,917
fireproof and burglarproof vaults, safes, and other means of 4,918
security in the office of the county treasurer that are necessary 4,919
for the protection of public moneys and property in the office. 4,920
(B) The court of common pleas shall annually submit a 4,922
written request for an appropriation to the board of county 4,923
commissioners that shall set forth estimated administrative 4,924
expenses of the court that the court considers reasonably 4,925
necessary for its operation. The board shall conduct a public 4,926
hearing with respect to the written request submitted by the 4,927
court and shall appropriate the amount of money each year that it 4,928
determines, after conducting the public hearing and considering 4,929
the written request of the court, is reasonably necessary to meet 4,930
115
all administrative expenses of the court. 4,931
If the court considers the appropriation made by the board 4,933
pursuant to this division insufficient to meet all the 4,934
administrative expenses of the court, it shall commence an action 4,935
under Chapter 2731. of the Revised Code in the court of appeals 4,936
for the judicial district for a determination of the duty of the 4,937
board of county commissioners to appropriate the amount of money 4,938
in dispute. The court of appeals shall give priority to the 4,939
action filed by the court of common pleas over all cases pending 4,940
on its docket. The burden shall be on the court of common pleas 4,941
to prove that the appropriation requested is reasonably necessary 4,942
to meet all its administrative expenses. If, prior to the filing 4,943
of an action under Chapter 2731. of the Revised Code or during 4,944
the pendency of the action, any judge of the court exercises the 4,945
contempt power of the court of common pleas in order to obtain 4,946
the amount of money in dispute, the judge shall not order the 4,947
imprisonment of any member of the board of county commissioners 4,948
notwithstanding sections 2705.02 to 2705.06 of the Revised Code. 4,949
(C) Division (B) of this section does not apply to 4,951
appropriations for the probate court or the juvenile court that 4,952
are subject to section 2101.11 or 2151.10 of the Revised Code. 4,953
Sec. 307.441. (A) The board of county commissioners of 4,962
each county may procure a policy or policies of insurance 4,963
insuring the county recorder and the clerk of the court of common 4,964
pleas and their deputies against liability on account of errors 4,965
or omissions unknowingly made by them and for which they may be 4,966
held liable. 4,967
The policy or policies of insurance shall be in an amount 4,969
of not less than fifty thousand dollars. 4,970
(B) The board of county commissioners of each county may 4,972
procure a policy or policies of insurance insuring the sheriff 4,973
and his deputies against liability arising from the performance 4,974
of their official duties. 4,975
(C) The board of county commissioners of each county may 4,977
116
procure a policy or policies of insurance insuring the 4,978
prosecuting attorney and assistant prosecuting attorneys against 4,979
liability arising from the performance of their official duties. 4,980
(D) The board of county commissioners of each county may 4,982
procure a policy or policies of insurance insuring the coroner, 4,983
county engineer, county auditor, each county commissioner, and 4,984
the county treasurer and their assistants against liability 4,985
arising from the performance of their official duties. 4,986
(E) The board of county commissioners of each county may 4,988
procure a policy or policies of insurance insuring any county 4,989
employee against liability arising from the performance of his 4,990
official duties. 4,991
(F) If the board of county commissioners of any county 4,993
procures a policy or policies of insurance insuring any county 4,994
official against liability arising from the performance of his 4,995
official duties as provided by divisions (A) to (D) of this 4,996
section, it shall not refuse to procure a policy or policies of 4,997
insurance insuring any other county official as authorized in 4,998
those divisions, if such policy or policies are reasonably 4,999
available. 5,000
(G) The board of county commissioners of any county may 5,002
procure a policy or policies of insurance insuring the county 5,003
director of human JOB AND FAMILY services, county department of 5,004
human JOB AND FAMILY services employees, or foster parents 5,007
associated with the county department of human JOB AND FAMILY 5,008
services, against liability arising from the performance of their 5,009
official duties. 5,010
(H) The board of county commissioners of each county may 5,012
procure a policy or policies of insurance insuring the county 5,013
public defender and the members of the county public defender 5,014
commission against liability arising from the performance of 5,015
their official duties. A joint board of county commissioners 5,016
formed pursuant to section 120.23 of the Revised Code may, in 5,017
accordance with the agreement of the participating boards of 5,018
117
county commissioners, procure a policy or policies of insurance 5,019
insuring the joint county public defender and the members of the 5,020
joint county public defender commission against liability arising 5,021
from the performance of their official duties. 5,022
(I) The board of county commissioners of each county may 5,024
procure a policy or policies of insurance insuring the judges of 5,025
the court of common pleas and any county court in the county, and 5,026
the employees of those courts, against liability arising from the 5,027
performance of their official duties. 5,028
Sec. 307.98. Each board of county commissioners shall 5,038
enter into a written partnership agreement with the director of 5,039
human JOB AND FAMILY services in accordance with section 5101.21 5,040
of the Revised Code. Prior to entering into or substantially 5,042
amending the agreement, the board shall conduct a public hearing 5,043
and consult with the county human FAMILY services planning 5,044
committee established under section 329.06 of the Revised Code. 5,045
Through the hearing and consultation, the board shall obtain 5,046
comments and recommendations concerning what would be the 5,047
county's obligations and responsibilities under the agreement or 5,048
amendment. As evidence that the board consulted with the county 5,049
human FAMILY services planning committee, the committee's chair 5,051
shall sign a letter confirming that the consultation occurred, 5,052
which shall be attached to the partnership agreement and any 5,053
substantial amendments to the agreement.
Sec. 329.01. In each county there shall be a county 5,062
department of human JOB AND FAMILY services which, when so 5,063
established, shall be governed by this chapter. The department 5,066
shall consist of a county director of human JOB AND FAMILY 5,067
services appointed by the board of county commissioners, and such 5,068
assistants and other employees as are necessary for the efficient 5,070
performance of the human services FUNCTIONS of the county 5,071
DEPARTMENT. Before entering upon the discharge of the director's 5,073
official duties, the director shall give a bond, conditioned for 5,074
the faithful performance of those official duties, in such sum as 5,076
118
fixed by the board. The director may require any assistant or 5,077
employee under the director's jurisdiction to give a bond in such 5,078
sum as determined by the board. All bonds given under this 5,080
section shall be with a surety or bonding company authorized to 5,081
do business in this state, conditioned for the faithful 5,082
performance of the duties of such director, assistant, or 5,083
employee. The expense or premium for any bond required by this 5,084
section shall be paid from the appropriation for administrative 5,085
expenses of the department. Such bond shall be deposited with the 5,086
county treasurer and kept in the treasurer's office. 5,087
As used in the Revised Code: 5,089
(A) "County department of human JOB AND FAMILY services" 5,092
means the county department of human JOB AND FAMILY services 5,094
established under this section, including an entity designated a 5,095
county department of human JOB AND FAMILY services under section 5,096
307.981 of the Revised Code. 5,097
(B) "County director of human JOB AND FAMILY services" 5,099
means the county director of human JOB AND FAMILY services 5,100
appointed under this section. 5,102
Sec. 329.02. Under the control and direction of the board 5,111
of county commissioners, the county director of human JOB AND 5,112
FAMILY services shall have full charge of the county department 5,114
of human JOB AND FAMILY services. The director shall prepare the 5,116
annual budget estimate of the department and submit it to the 5,118
board of county commissioners. Before submitting the budget 5,119
estimate to the board of county commissioners, the director shall 5,120
consider the recommendations of the county human FAMILY services 5,121
planning committee relative to such estimate. The director, with 5,123
the approval of the board of county commissioners, shall appoint 5,124
all necessary assistants and superintendents of institutions 5,125
under the jurisdiction of the department, and all other employees 5,126
of the department, excepting that the superintendent of each such 5,127
institution shall appoint all employees therein and only the 5,128
board of county commissioners may appoint administrators under 5,129
119
section 329.021 of the Revised Code. Except for administrators 5,130
appointed under section 329.021 of the Revised Code, the 5,131
assistants and other employees of the department shall be in the 5,132
classified civil service, and may not be placed in or removed to 5,133
the unclassified service. If no eligible list is available, 5,134
provisional appointment shall be made until such eligible list is 5,135
available.
Each director appointed on or after the effective date of 5,137
this amendment shall be in the unclassified civil service and 5,138
serve at the pleasure of the board of county commissioners. If a 5,139
person holding a classified position in the department is 5,140
appointed as director on or after the effective date of this 5,141
amendment and is later removed by the board, except for a reason 5,142
listed in section 124.34 of the Revised Code, the person so 5,143
removed has the right to resume the position the person held in 5,145
the classified service immediately prior to being appointed as 5,146
director, or if that position no longer exists or has become an 5,147
unclassified position, the person shall be appointed to a
position in the classified service that the board, with the 5,148
approval of the director of administrative services, determines 5,149
is equivalent to the position the person held immediately prior 5,150
to being appointed as director. 5,151
The board of county commissioners, except as provided in 5,153
this chapter, may provide by resolution for the coordination of 5,156
the operations of the department and those of any county 5,157
institution whose board or managing officer is appointed by the 5,158
board of county commissioners. 5,159
The board of county commissioners may enter into a written 5,161
contract with a county director of human JOB AND FAMILY services 5,162
specifying terms and conditions of the director's employment. 5,164
The period of the contract shall not exceed three years. In 5,165
addition to any review specified in such a contract, the contract
shall be subject to review and renegotiation for a period of 5,166
thirty days, from the sixtieth to the ninetieth days after the 5,167
120
beginning of the term of any newly elected commissioner. Such a 5,168
contract shall in no way abridge the right of the board to 5,169
terminate the employment of the director as an unclassified
employee at will, but may specify terms and conditions of any 5,170
such termination. 5,171
Sec. 329.021. The board of county commissioners serving a 5,180
county with a population of more than one million people may, in 5,181
addition to the county director of human JOB AND FAMILY services, 5,182
appoint not more than five administrators to oversee services 5,184
provided by the county department of human JOB AND FAMILY 5,185
services. The administrators shall be in the unclassified civil 5,186
service and serve at the pleasure of the board of county 5,187
commissioners.
Sec. 329.022. Within the appropriation for personal 5,196
services, each county department of human JOB AND FAMILY services 5,198
may employ the necessary employees who, except for the county 5,199
director of human JOB AND FAMILY services as provided in section 5,200
329.02 of the Revised Code, shall be in the classified service. 5,203
Compensation for positions in each service, group, or grade 5,204
established by the director of administrative services shall not 5,206
be less than the minimum nor more than the maximum rates
established by the director for such positions. The department 5,207
of human JOB AND FAMILY services shall cooperate with the 5,209
director in establishing the qualifications of persons to be 5,210
employed and the classification and rates of compensation of
county department employees. 5,211
Sec. 329.023. Each county department of human JOB AND 5,220
FAMILY services shall have hours of operation outside the county 5,222
department's normal hours of operation during which the county 5,223
department will accept from employed individuals applications for 5,224
the programs administered by the county department and assist
employed program recipients and participants with matters related 5,225
to the programs.
Sec. 329.03. (A) As used in this section: 5,234
121
(1) "Applicant" or "recipient" means an applicant for or 5,236
participant in the Ohio works first program established under 5,238
Chapter 5107. of the Revised Code or an applicant for or 5,240
recipient of disability assistance under Chapter 5115. of the 5,241
Revised Code.
(2) "Voluntary direct deposit" means a system established 5,243
pursuant to this section under which cash assistance payments to 5,244
recipients who agree to direct deposit are made by direct deposit 5,245
by electronic transfer to an account in a financial institution 5,246
designated under this section. 5,247
(3) "Mandatory direct deposit" means a system established 5,249
pursuant to this section under which cash assistance payments to 5,250
all participants in the Ohio works first program or recipients of 5,252
disability assistance, other than those exempt under division (E) 5,254
of this section, are made by direct deposit by electronic 5,255
transfer to an account in a financial institution designated 5,256
under this section.
(B) A board of county commissioners may by adoption of a 5,258
resolution require the county department of human JOB AND FAMILY 5,259
services to establish a direct deposit system for distributing 5,261
cash assistance payments under Ohio works first, disability 5,263
assistance, or both, unless the director of human JOB AND FAMILY 5,264
services has provided for those payments to be made by electronic 5,266
benefit transfer pursuant to section 5101.33 of the Revised Code. 5,267
Voluntary or mandatory direct deposit may be applied to either of 5,268
the programs. The resolution shall specify for each program for 5,270
which direct deposit is to be established whether direct deposit 5,271
is voluntary or mandatory. The board may require the department 5,272
to change or terminate direct deposit by adopting a resolution to 5,273
change or terminate it. Within ninety days after adopting a 5,274
resolution under this division, the board shall certify one copy 5,275
of the resolution to the state director of human JOB AND FAMILY 5,276
services and one copy to the office of budget and management. 5,278
The state department DIRECTOR of human JOB AND FAMILY services 5,280
122
may adopt rules governing establishment of direct deposit by 5,282
county departments of human JOB AND FAMILY services.
The county department of human JOB AND FAMILY services 5,284
shall determine what type of account will be used for direct 5,286
deposit and negotiate with financial institutions to determine 5,287
the charges, if any, to be imposed by a financial institution for 5,288
establishing and maintaining such accounts. Under voluntary 5,289
direct deposit, the county department of human JOB AND FAMILY 5,290
services may pay all charges imposed by a financial institution 5,292
for establishing and maintaining an account in which direct 5,293
deposits are made for a recipient. Under mandatory direct 5,294
deposit, the county department of human JOB AND FAMILY services 5,295
shall pay all charges imposed by a financial institution for 5,297
establishing and maintaining such an account. No financial 5,298
institution shall impose any charge for such an account that the 5,299
institution does not impose on its other customers for the same 5,300
type of account. Direct deposit does not affect the exemption of 5,301
Ohio works first and disability assistance from attachment, 5,302
garnishment, or other like process afforded by sections 5107.75 5,303
and 5115.07 of the Revised Code. 5,304
(C) The county department of human JOB AND FAMILY services 5,306
shall, within sixty days after a resolution requiring the 5,308
establishment of direct deposit is adopted, establish procedures 5,309
governing direct deposit. 5,310
Within one hundred eighty days after the resolution is 5,312
adopted, the county department shall: 5,313
(1) Inform each applicant or recipient of the procedures 5,315
governing direct deposit, including in the case of voluntary 5,316
direct deposit those that prescribe the conditions under which a 5,317
recipient may change from one method of payment to another; 5,318
(2) Obtain from each applicant or recipient an 5,320
authorization form to designate a financial institution equipped 5,323
for and authorized by law to accept direct deposits by electronic 5,324
transfer and the account into which the applicant or recipient 5,325
123
wishes the payments to be made, or in the case of voluntary 5,326
direct deposit states the applicant's or recipient's election to 5,327
receive such payments in the form of a paper warrant. 5,329
The department may require a recipient to complete a new 5,331
authorization form whenever the department considers it 5,332
necessary. 5,333
A recipient's designation of a financial institution and 5,335
account shall remain in effect until withdrawn in writing or 5,336
dishonored by the financial institution, except that no change 5,337
may be made in the authorization form until the next eligibility 5,338
redetermination of the recipient unless the department feels that 5,339
good grounds exist for an earlier change. 5,340
(D) An applicant or recipient without an account who 5,342
either agrees or is required to receive payments by direct 5,343
deposit shall have ten days after receiving the authorization 5,344
form to designate an account suitable for direct deposit. If 5,345
within the required time the applicant or recipient does not make 5,346
the designation or requests that the department make the 5,348
designation, the department shall designate a financial 5,350
institution and help the recipient to open an account. 5,351
(E) At the time of giving an applicant or recipient the 5,353
authorization form, the county department of human JOB AND FAMILY 5,355
services of a county with mandatory direct deposit shall inform 5,357
each applicant or recipient of the basis for exemption and the 5,358
right to request exemption from direct deposit. 5,359
Under mandatory direct deposit, an applicant or recipient 5,361
who wishes to receive payments in the form of a paper warrant 5,362
shall record on the authorization form a request for exemption 5,363
under this division and the basis for the exemption. 5,364
The department shall exempt from mandatory direct deposit 5,366
any recipient who requests exemption and is any of the following: 5,367
(1) Over age sixty-five; 5,369
(2) Blind or disabled; 5,371
(3) Likely, in the judgment of the department, to be 5,373
124
caused personal hardship by direct deposit. 5,374
A recipient granted an exemption under this division shall 5,376
receive payments for which the recipient is eligible in the form 5,377
of paper warrants. 5,378
(F) The county department of human JOB AND FAMILY services 5,380
shall bear the full cost of the amount of any replacement warrant 5,382
issued to a recipient for whom an authorization form as provided 5,383
in this section has not been obtained within one hundred eighty 5,384
days after the later of the date the board of county 5,385
commissioners adopts a resolution requiring payments of financial 5,386
assistance by direct deposit to accounts of recipients of Ohio 5,388
works first or disability assistance or the date the recipient 5,389
made application for assistance, and shall not be reimbursed by 5,390
the state for any part of the cost. Thereafter, the county 5,391
department of human JOB AND FAMILY services shall continue to 5,393
bear the full cost of each replacement warrant issued until the 5,394
board of county commissioners requires the county department of 5,395
human JOB AND FAMILY services to obtain from each such recipient 5,397
the authorization forms as provided in this section.
Sec. 329.041. In each county in which there is a county 5,406
transit board established by section 306.01 of the Revised Code, 5,407
a county transit system operated under that section, or a 5,408
regional transit authority created under section 306.32 of the 5,409
Revised Code, the county department of human JOB AND FAMILY 5,410
services shall meet not less than once each calendar quarter with 5,412
transit representatives of the board, system, or authority. The 5,413
department and transit representatives shall discuss the 5,414
transportation needs of the county's Ohio works first 5,415
participants, review existing efforts and develop new options to 5,416
meet those needs, and measure the accomplishments of those 5,417
efforts.
Sec. 329.042. The county department of human JOB AND 5,426
FAMILY services shall certify public assistance and nonpublic 5,428
assistance households eligible under the "Food Stamp Act of 5,429
125
1964," 78 Stat. 703, 7 U.S.C.A. 2011, as amended, and federal and 5,430
state regulations adopted pursuant to such act, to enable 5,431
low-income households to participate in the food stamp program 5,432
and thereby to purchase foods having a greater monetary value 5,433
than is possible under public assistance standard allowances or 5,434
other low-income budgets. 5,435
The county department of human JOB AND FAMILY services 5,437
shall administer the distribution of food stamp coupons under the 5,439
supervision of the department of human JOB AND FAMILY services. 5,440
Such coupons shall be distributed by mail in accordance with 5,442
sections 5101.541, 5101.542, and 5101.543 of the Revised Code, or 5,443
by some alternative method approved by the department of human 5,444
JOB AND FAMILY services in accordance with the "Food Stamp Act of 5,446
1964," 78 Stat. 703, 7 U.S.C.A. 2011, as amended, and regulations 5,447
issued thereunder.
The document referred to as the 5,449
"authorization-to-participate card," which shows the face value 5,450
of the coupon allotment an eligible household is entitled to 5,451
receive on presentment of the document, shall be issued, 5,452
immediately upon certification, to a household determined under 5,453
division (C) of section 5101.54 of the Revised Code to be in 5,454
immediate need of food assistance by being personally handed by a 5,455
member of the staff of the county department of human JOB AND 5,456
FAMILY services to the member of the household in whose name 5,458
application was made for participation in the program or his THE 5,459
authorized representative OF SUCH MEMBER OF THE HOUSEHOLD. 5,460
Sec. 329.051. The county department of human JOB AND 5,469
FAMILY services shall make voter registration applications as 5,471
prescribed by the secretary of state under section 3503.10 of the 5,472
Revised Code available to persons who are applying for, receiving 5,473
assistance from, or participating in any of the following: 5,474
(A) The disability assistance program established under 5,477
Chapter 5115. of the Revised Code;
(B) The medical assistance program established under 5,479
126
Chapter 5111. of the Revised Code; 5,480
(C) The Ohio works first program established under Chapter 5,482
5107. of the Revised Code; 5,483
(D) The prevention, retention, and contingency program 5,485
established under Chapter 5108. of the Revised Code. 5,486
Sec. 329.07. As used in this section, "Ohio works first" 5,495
and "Title IV-A" have the same meanings as in section 5107.02 of 5,497
the Revised Code.
Each county department of human JOB AND FAMILY services 5,499
shall have at least one Ohio works first ombudsperson. A county 5,501
department may provide for an Ohio works first participant who 5,502
resides in the county the county department serves and is 5,503
qualified to perform the duties of an ombudsperson to be an 5,504
ombudsperson. If no Ohio works first participant residing in the 5,505
county the county department serves is qualified to perform the 5,506
duties of an ombudsperson, the county department shall provide
for one or more employees of the county department to be 5,507
ombudspersons or contract with a person or government entity for 5,509
the person or entity to perform the duties of an ombudsperson for 5,510
the county department. To the extent permitted by federal law, 5,511
the county department may use funds available under Title IV-A to 5,512
provide for county department employees or a person or government 5,513
entity under contract with the county department to perform the 5,514
duties of an ombudsperson.
An Ohio works first ombudsperson shall help Ohio works 5,516
first applicants and participants resolve complaints the 5,517
applicants and participants have about the administration of Ohio 5,518
works first and help participants contact caseworkers for the 5,519
purpose of scheduling meetings under section 5107.161 of the 5,520
Revised Code.
Sec. 329.10. All the property, records, files, and other 5,529
documents and papers used in and necessary for the performance of 5,530
the functions belonging to or in the possession of any board, 5,531
agency, or department, the powers and duties of which are 5,532
127
transferred to the county department of human JOB AND FAMILY 5,533
services, and the proceeds of all tax levies in process of 5,535
collection for the use of such boards, agencies, or departments 5,536
shall be transferred to the county department of human JOB AND 5,537
FAMILY services, when established. At the time the exercise of 5,539
any powers and duties of any other board, agency, or department 5,540
are transferred to the county department of human JOB AND FAMILY 5,541
services, or to any other board, agency, or department, all the 5,543
property, records, files, and other documents and papers, the 5,544
unexpended balances of all current appropriations, and the 5,545
unappropriated proceeds of all tax levies then in process of 5,546
collection for the use of such board, agency, or department shall 5,547
be deemed transferred to the board, agency, or department to 5,548
which such duties have been transferred.
Sec. 329.12. (A) A county department of human JOB AND 5,558
FAMILY services may establish an individual development account 5,560
program for residents of the county. The program shall provide 5,561
for establishment of accounts for participants and acceptance of
contributions from individuals and entities, including the county 5,563
department, to be used as matching funds for deposit in the
accounts. 5,564
(B) A county department shall select a fiduciary 5,567
organization to administer its individual development account 5,568
program. In selecting a fiduciary organization, the department 5,569
shall consider all of the following regarding the organization: 5,570
(1) Its ability to market the program to potential 5,572
participants and matching fund contributors; 5,573
(2) Its ability to invest money in the accounts in a way 5,576
that provides for return with minimal risk of loss;
(3) Its overall administrative capacity, including the 5,578
ability to verify eligibility of individuals for participation in 5,579
the program, prevent unauthorized use of matching contributions, 5,581
and enforce any penalties for unauthorized uses that may be 5,582
provided for by rule adopted by the state department DIRECTOR of 5,583
128
human JOB AND FAMILY services under section 5101.971 of the 5,584
Revised Code; 5,585
(4) Its ability to provide financial counseling to 5,588
participants;
(5) Its affiliation with other activities designed to 5,590
increase the independence of individuals and families through 5,591
postsecondary education, home ownership, and business 5,592
development; 5,593
(6) Any other factor the county department considers 5,595
appropriate.
(C) At the time it commences the program and on the first 5,598
day of each subsequent program year, the county department may 5,599
make a grant to the fiduciary organization to pay all or part of 5,600
the administrative costs of the program.
(D) The county department shall require the fiduciary 5,603
organization to collect and maintain information regarding the 5,604
program, including all of the following: 5,605
(1) The number of accounts established; 5,607
(2) The amount deposited by each participant and the 5,610
amount matched by contributions;
(3) The uses of funds withdrawn from the account, 5,612
including the number of participants who used funds for 5,613
postsecondary educational expenses and the institutions attended, 5,615
the number of personal residences purchased, and the number of 5,616
participants who used funds for business capitalization; 5,617
(4) The demographics of program participants; 5,619
(5) The number of participants who withdrew from the 5,621
program and the reasons for withdrawal. 5,622
(E) The county department shall prepare and file with the 5,625
state department of human JOB AND FAMILY services a semi-annual 5,627
SEMIANNUAL report containing the information the state department 5,628
DIRECTOR OF JOB AND FAMILY SERVICES requires by rule adopted 5,629
under section 5101.971 of the Revised Code, with the first report 5,631
being filed at the end of the six-month period following October 5,632
129
1, 1997.
Sec. 329.14. (A) An individual whose household income 5,642
does not exceed one hundred fifty per cent of the federal poverty 5,643
line is eligible to participate in an individual development 5,644
account program established by the county department of human JOB 5,645
AND FAMILY services of the county in which the individual 5,646
resides. An eligible individual seeking to be a participant in 5,648
the program shall enter into an agreement with the fiduciary 5,649
organization administering the program. The agreement shall 5,650
specify the terms and conditions of uses of funds deposited, 5,651
financial documentation required to be maintained by the 5,652
participant, expectations and responsibilities of the 5,653
participant, and services to be provided by the fiduciary 5,654
organization.
(B) A participant may deposit earned income, as defined in 5,657
26 U.S.C. 911(d)(2), as amended, into the account. The fiduciary 5,658
organization may deposit into the account an amount not exceeding 5,660
twice the amount deposited by the participant except that a 5,661
fiduciary organization may not, pursuant to an agreement with an 5,662
employer, deposit an amount into an account held by a participant 5,663
who is employed by the employer. An account may have no more 5,664
than ten thousand dollars in it at any time. 5,665
(C) Notwithstanding eligibility requirements established 5,667
in or pursuant to Chapter 5107., 5108., or 5111. of the Revised 5,668
Code, to the extent permitted by federal statutes and 5,670
regulations, money in an individual development account, 5,671
including interest, is exempt from consideration in determining 5,672
whether the participant or a member of the participant's 5,673
assistance group is eligible for assistance under Chapter 5107., 5,674
5108., or 5111. of the Revised Code and the amount of assistance 5,676
the participant or assistance group is eligible to receive. 5,677
(D)(1) Except as provided in division (D)(2) of this 5,680
section, an individual development account program participant 5,681
may use money in the account only for the following purposes: 5,683
130
(a) Postsecondary educational expenses paid directly from 5,686
the account to an eligible education institution or vendor; 5,687
(b) Qualified acquisition expenses of a principal 5,690
residence, as defined in 26 U.S.C. 1034, as amended, paid 5,691
directly from the account to the person or government entity to 5,692
which the expenses are due; 5,693
(c) Qualified business capitalization expenses made in 5,695
accordance with a qualified business plan that has been approved 5,696
by a financial institution or by a nonprofit microenterprise 5,697
program having demonstrated business expertise and paid directly 5,699
from the account to the person to whom the expenses are due. 5,701
(2) A fiduciary organization shall permit a participant to 5,704
withdraw money deposited by the participant if it is needed to 5,705
deal with a personal emergency of the participant or a member of 5,706
the participant's family or household. Withdrawal shall result 5,707
in the loss of any matching funds in an amount equal to the 5,708
amount of the withdrawal. 5,709
(3) Regardless of the reason for the withdrawal, a 5,711
withdrawal from an individual development account may be made 5,713
only with the approval of the fiduciary organization. 5,714
Sec. 331.02. A certificate of appointment to the county 5,723
facilities review board shall be issued to the persons appointed 5,724
under section 331.01 of the Revised Code, and a copy, giving full 5,725
names and addresses, shall be sent to the central office of the 5,726
department of human JOB AND FAMILY services. No person shall be 5,728
qualified to serve on the board who is in any manner officially 5,729
connected with any charitable or correctional institution within 5,730
the county supported wholly or partly at public expense. 5,731
Sec. 331.06. (A) Each year the county facilities review 5,740
board shall prepare a full report of its proceedings during the 5,741
year, with such recommendations as it considers advisable, file 5,742
such report with the probate judge and the prosecuting attorney 5,743
between the fifteenth day of November and the fifteenth day of 5,744
December, forward a copy thereof to the central office of the 5,745
131
department of human JOB AND FAMILY services, and send a copy of 5,747
that part of the report concerning correctional institutions to 5,748
the department of rehabilitation and correction. 5,749
(B) The probate judge may, in that judge's discretion, 5,751
order the publication of a summary of the annual report in a 5,753
newspaper of general circulation within the county. The cost of 5,754
such publication shall be paid by the county. 5,755
Sec. 742.41. (A) As used in this section: 5,764
(1) "Other system retirant" has the same meaning as in 5,766
section 742.26 of the Revised Code. 5,767
(2) "Personal history record" includes a member's, former 5,769
member's, or other system retirant's name, address, telephone 5,771
number, social security number, record of contributions, 5,772
correspondence with the Ohio police and fire pension fund, status 5,774
of any application for benefits, and any other information deemed 5,775
confidential by the trustees of the fund. 5,776
(B) The treasurer of state shall furnish annually to the 5,778
board of trustees of the fund a sworn statement of the amount of 5,779
the funds in the treasurer of state's custody belong BELONGING to 5,781
the Ohio police and fire pension fund. The records of the board 5,784
shall be open for public inspection except for the following, 5,785
which shall be excluded, except with the written authorization of 5,786
the individual concerned: 5,787
(1) The individual's personal history record; 5,789
(2) Any information identifying, by name and address, the 5,791
amount of a monthly allowance or benefit paid to the individual. 5,792
(C) All medical reports and recommendations required are 5,794
privileged, except that copies of such medical reports or 5,795
recommendations shall be made available to the personal 5,796
physician, attorney, or authorized agent of the individual 5,797
concerned upon written release received from the individual or 5,799
the individual's agent or, when necessary for the proper 5,800
administration of the fund, to the board-assigned physician. 5,801
(D) Any person who is a member of the fund or an other 5,803
132
system retirant shall be furnished with a statement of the amount 5,804
to the credit of the person's individual account upon the 5,806
person's written request. The board need not answer more than 5,807
one such request of a person in any one year. 5,808
(E) Notwithstanding the exceptions to public inspection in 5,810
division (B) of this section, the board may furnish the following 5,811
information: 5,812
(1) If a member, former member, or other system retirant 5,814
is subject to an order issued under section 2907.15 of the 5,815
Revised Code or is convicted of or pleads guilty to a violation 5,816
of section 2921.41 of the Revised Code, on written request of a 5,817
prosecutor as defined in section 2935.01 of the Revised Code, the 5,818
board shall furnish to the prosecutor the information requested 5,819
from the individual's personal history record. 5,820
(2) Pursuant to a court order issued under section 3113.21 5,822
of the Revised Code, the board shall furnish to a court or child 5,823
support enforcement agency the information required under that 5,824
section. 5,825
(3) At the request of any organization or association of 5,827
members of the fund, the board of trustees of the fund shall 5,828
provide a list of the names and addresses of members of the fund 5,829
and other system retirants. The board shall comply with the 5,830
request of such organization or association at least once a year 5,831
and may impose a reasonable charge for the list. 5,832
(4) Within fourteen days after receiving from the director 5,834
of human JOB AND FAMILY services a list of the names and social 5,835
security numbers of recipients of public assistance pursuant to 5,837
section 5101.181 of the Revised Code, the board shall inform the 5,838
auditor of state of the name, current or most recent employer 5,839
address, and social security number of each member or other 5,840
system retirant whose name and social security number are the 5,841
same as that of a person whose name or social security number was 5,842
submitted by the director. The board and its employees shall, 5,843
except for purposes of furnishing the auditor of state with 5,844
133
information required by this section, preserve the 5,845
confidentiality of recipients of public assistance in compliance 5,846
with division (A) of section 5101.181 of the Revised Code. 5,847
(F) A statement that contains information obtained from 5,849
the board's records that is signed by the secretary of the board 5,850
of trustees of the Ohio police and fire pension fund and to which 5,852
the board's official seal is affixed, or copies of the board's 5,853
records to which the signature and seal are attached, shall be 5,854
received as true copies of the board's records in any court or 5,855
before any officer of this state.
Sec. 1347.08. (A) Every state or local agency that 5,864
maintains a personal information system, upon the request and the 5,865
proper identification of any person who is the subject of 5,866
personal information in the system, shall: 5,867
(1) Inform the person of the existence of any personal 5,869
information in the system of which the person is the subject; 5,870
(2) Except as provided in divisions (C) and (E)(2) of this 5,872
section, permit the person, the person's legal guardian, or an 5,874
attorney who presents a signed written authorization made by the 5,875
person, to inspect all personal information in the system of 5,876
which the person is the subject; 5,877
(3) Inform the person about the types of uses made of the 5,879
personal information, including the identity of any users usually 5,880
granted access to the system. 5,881
(B) Any person who wishes to exercise a right provided by 5,883
this section may be accompanied by another individual of the 5,885
person's choice.
(C)(1) A state or local agency, upon request, shall 5,887
disclose medical, psychiatric, or psychological information to a 5,888
person who is the subject of the information or to the person's 5,890
legal guardian, unless a physician, psychiatrist, or psychologist
determines for the agency that the disclosure of the information 5,891
is likely to have an adverse effect on the person, in which case 5,892
the information shall be released to a physician, psychiatrist, 5,893
134
or psychologist who is designated by the person or by the 5,894
person's legal guardian. 5,895
(2) Upon the signed written request of either a licensed 5,897
attorney at law or a licensed physician designated by the inmate, 5,898
together with the signed written request of an inmate of a 5,899
correctional institution under the administration of the 5,900
department of rehabilitation and correction, the department shall 5,901
disclose medical information to the designated attorney or 5,902
physician as provided in division (C) of section 5120.21 of the 5,903
Revised Code. 5,904
(D) If an individual who is authorized to inspect personal 5,906
information that is maintained in a personal information system 5,907
requests the state or local agency that maintains the system to 5,908
provide a copy of any personal information that the individual is 5,910
authorized to inspect, the agency shall provide a copy of the 5,911
personal information to the individual. Each state and local 5,912
agency may establish reasonable fees for the service of copying, 5,913
upon request, personal information that is maintained by the 5,914
agency.
(E)(1) This section regulates access to personal 5,916
information that is maintained in a personal information system 5,917
by persons who are the subject of the information, but does not 5,918
limit the authority of any person, including a person who is the 5,919
subject of personal information maintained in a personal 5,920
information system, to inspect or have copied, pursuant to 5,921
section 149.43 of the Revised Code, a public record as defined in 5,922
that section. 5,923
(2) This section does not provide a person who is the 5,925
subject of personal information maintained in a personal 5,926
information system, the person's legal guardian, or an attorney 5,928
authorized by the person, with a right to inspect or have copied, 5,929
or require an agency that maintains a personal information system 5,930
to permit the inspection of or to copy, a confidential law 5,931
enforcement investigatory record or trial preparation record, as 5,932
135
defined in divisions (A)(2) and (4) of section 149.43 of the 5,933
Revised Code.
(F) This section does not apply to any of the following: 5,935
(1) The contents of an adoption file maintained by the 5,937
department of health under section 3705.12 of the Revised Code; 5,938
(2) Information contained in the putative father registry 5,940
established by section 3107.062 of the Revise REVISED Code, 5,941
regardless of whether the information is held by the department 5,943
of human JOB AND FAMILY services or, pursuant to section 5101.313 5,945
of the Revised Code, the division of child support in the 5,947
department or a child support enforcement agency;
(3) Papers, records, and books that pertain to an adoption 5,949
and that are subject to inspection in accordance with section 5,950
3107.17 of the Revised Code; 5,951
(4) Records listed in division (A) of section 3107.42 of 5,953
the Revised Code or specified in division (A) of section 3107.52 5,954
of the Revised Code; 5,955
(5) Records that identify an individual described in 5,957
division (A)(1) of section 3721.031 of the Revised Code, or that 5,958
would tend to identify such an individual; 5,959
(6) Files and records that have been expunged under 5,961
division (D)(1) of section 3721.23 of the Revised Code; 5,962
(7) Records that identify an individual described in 5,964
division (A)(1) of section 3721.25 of the Revised Code, or that 5,965
would tend to identify such an individual; 5,966
(8) Records that identify an individual described in 5,968
division (A)(1) of section 5111.61 of the Revised Code, or that 5,969
would tend to identify such an individual. 5,970
Sec. 1553.10. (A) There is hereby created in the division 5,979
of civilian conservation the civilian conservation advisory 5,980
committee, which shall consist of nine members. The committee 5,982
shall advise the chief of the division of civilian conservation 5,983
in the implementation and operation of conservation programs 5,984
established under this chapter. The committee shall be composed 5,985
136
of three members appointed by the governor, two of whom shall 5,987
represent labor and one of whom shall represent vocational 5,988
education; one member of the senate appointed by the president; 5,989
one member of the house of representatives appointed by the 5,990
speaker; three members-at-large appointed by the director of 5,991
natural resources to represent the interests of all persons in 5,992
this state; and one member from WHO IS AN EMPLOYEE OF the bureau 5,993
DEPARTMENT of employment JOB AND FAMILY services to be designated 5,995
by the administrator DIRECTOR of the bureau JOB AND FAMILY 5,997
SERVICES. Terms of office shall commence on the first day of 5,998
January and end on the last day of December. Of the initial terms 5,999
of office, four terms shall end on December 31, 1990, and three 6,000
terms shall end on December 31, 1991, to be determined by lot. 6,001
Thereafter, terms of office shall be for four years. Each member 6,002
shall hold office from the date of the member's appointment until 6,004
the end of the term for which the member was appointed. Any 6,006
member appointed to fill a vacancy occurring prior to the
expiration of the term for which the member's predecessor was 6,008
appointed shall hold office for the remainder of the term. Each 6,009
member shall continue in office subsequent to the expiration date 6,010
of the member's term until the member's successor takes office or 6,012
until a period of sixty days has elapsed, whichever occurs first. 6,014
The committee shall select from among its members a chairperson 6,016
and a vice-chairperson, who shall each serve for a period of one 6,017
year or until the term of the chairperson or vice-chairperson 6,019
expires, whichever occurs first. Members of the committee shall 6,020
receive no compensation, but shall be reimbursed for their actual 6,022
and necessary expenses incurred in attending meetings of the 6,023
committee. The committee shall meet at least once each quarter 6,025
of each calendar year and shall keep a record of its proceedings 6,026
that shall be available to the public for inspection. 6,027
The chief shall act as executive director of the committee. 6,030
The division shall furnish technical, legal, and other services 6,032
required by the committee in the performance of its duties. 6,033
137
(B) For the purpose of assisting in the effective 6,035
implementation and operation of civilian conservation programs 6,036
established under this chapter, the committee shall do all of the 6,037
following: 6,038
(1) Recommend to the chief broad policies for the division 6,040
and a long-range plan to implement the policies; 6,041
(2) Evaluate the division's needs to meet its policy 6,043
objectives, including planning, programming, and financing; 6,044
(3) Recommend to the chief ways of cooperating with other 6,046
conservation programs administered by private and public 6,047
agencies. 6,048
Sec. 1701.86. (A) A corporation may be dissolved 6,057
voluntarily in the manner provided in this section, provided the 6,058
provisions of Chapter 1704. of the Revised Code do not prevent 6,059
the dissolution from being effected. 6,060
(B) A resolution of dissolution for a corporation shall 6,062
set forth: 6,063
(1) That the corporation elects to be dissolved; 6,065
(2) Any additional provision considered necessary with 6,067
respect to the proposed dissolution and winding up. 6,068
(C) If an initial stated capital is not set forth in the 6,070
articles then before the corporation begins business, or if an 6,071
initial stated capital is set forth in the articles then before 6,072
subscriptions to shares shall have been received in the amount of 6,073
that initial stated capital, the incorporators or a majority of 6,074
them may adopt, by a writing signed by them, a resolution of 6,075
dissolution. 6,076
(D) The directors may adopt a resolution of dissolution in 6,078
the following cases: 6,079
(1) When the corporation has been adjudged bankrupt or has 6,081
made a general assignment for the benefit of creditors; 6,082
(2) By leave of the court, when a receiver has been 6,084
appointed in a general creditors' suit or in any suit in which 6,085
the affairs of the corporation are to be wound up; 6,086
138
(3) When substantially all of the assets have been sold at 6,088
judicial sale or otherwise; 6,089
(4) When the articles have been canceled for failure to 6,091
file annual franchise or excise tax returns or for failure to pay 6,092
franchise or excise taxes and the corporation has not been 6,093
reinstated or does not desire to be reinstated; 6,094
(5) When the period of existence of the corporation 6,096
specified in its articles has expired. 6,097
(E) The shareholders at a meeting held for such purpose 6,099
may adopt a resolution of dissolution by the affirmative vote of 6,100
the holders of shares entitling them to exercise two-thirds of 6,101
the voting power of the corporation on such proposal or, if the 6,102
articles provide or permit, by the affirmative vote of a greater 6,103
or lesser proportion, though less than a majority, of such voting 6,104
power, and by such affirmative vote of the holders of shares of 6,105
any particular class as is required by the articles. Notice of 6,106
the meeting of the shareholders shall be given to all the 6,107
shareholders whether or not entitled to vote at it. 6,108
(F) Upon the adoption of a resolution of dissolution, a 6,110
certificate shall be prepared, on a form prescribed by the 6,111
secretary of state, setting forth the following: 6,112
(1) The name of the corporation; 6,114
(2) A statement that a resolution of dissolution has been 6,116
adopted; 6,117
(3) A statement of the manner of adoption of such 6,119
resolution, and, in the case of its adoption by the incorporators 6,120
or directors, a statement of the basis for such adoption; 6,121
(4) The place in this state where its principal office is 6,123
or is to be located; 6,124
(5) The names and addresses of its directors and officers, 6,126
unless the resolution of dissolution is adopted by the 6,127
incorporators, in which event the names and addresses of the 6,128
incorporators shall be set forth in the certificate; 6,129
(6) The name and address of its statutory agent. 6,131
139
(G) Such certificate shall be signed as follows: 6,133
(1) When the resolution of dissolution is adopted by the 6,135
incorporators or a majority of them, the certificate shall be 6,136
signed by not less than a majority of them; 6,137
(2) When the resolution is adopted by the directors or by 6,139
the shareholders, the certificate shall be signed by any 6,140
authorized officer, unless the officer fails to execute and file 6,142
such certificate within thirty days after the adoption of the 6,144
resolution or upon any date specified in the resolution as the 6,145
date upon which such certificate is to be filed or upon the 6,146
expiration of any period specified in the resolution as the 6,147
period within which such certificate is to be filed, whichever is 6,148
latest, in which event the certificate of dissolution may be 6,149
signed by any three shareholders and shall set forth a statement 6,150
that the persons signing the certificate are shareholders and are 6,151
filing the certificate because of the failure of the officers to 6,152
do so.
(H) A certificate of dissolution, filed with the secretary 6,154
of state, shall be accompanied by: 6,155
(1) An affidavit of one or more of the persons executing 6,157
the certificate of dissolution or of an officer of the 6,158
corporation containing a statement of the counties, if any, in 6,159
this state in which the corporation has personal property or a 6,160
statement that the corporation is of a type required to pay 6,161
personal property taxes to state authorities only; 6,162
(2) A receipt, certificate, or other evidence showing the 6,164
payment of all franchise, sales, use, and highway use taxes 6,165
accruing up to the date of such filing, or that such payment has 6,166
been adequately guaranteed; 6,167
(3) A receipt, certificate, or other evidence showing the 6,169
payment of all personal property taxes accruing up to the date of 6,170
such filing; 6,171
(4) A receipt, certificate, or other evidence from the 6,173
bureau DIRECTOR of employment JOB AND FAMILY services showing 6,175
140
that all contributions due from the corporation as an employer 6,176
have been paid, or that such payment has been adequately 6,177
guaranteed, or that the corporation is not subject to such 6,178
contributions;
(5) A receipt, certificate, or other evidence from the 6,180
bureau of workers' compensation showing that all premiums due 6,181
from the corporation as an employer have been paid, or that such 6,182
payment has been adequately guaranteed, or that the corporation 6,183
is not subject to such premium payments; 6,184
(6) In lieu of the receipt, certificate, or other evidence 6,186
described in division (H)(2), (3), (4), or (5) of this section, 6,187
an affidavit of one or more persons executing the certificate of 6,188
dissolution or of an officer of the corporation containing a 6,189
statement of the date upon which the particular department, 6,190
agency, or authority was advised in writing of the scheduled date 6,191
of filing of the certificate of dissolution and was advised in 6,192
writing of the acknowledgment by the corporation of the 6,193
applicability of the provisions of section 1701.95 of the Revised 6,194
Code. 6,195
(I) Upon the filing of a certificate of dissolution and 6,197
such accompanying documents, the corporation shall be dissolved. 6,198
Sec. 1702.47. (A) A corporation may be dissolved 6,207
voluntarily in the manner provided in this section. 6,208
(B) A resolution of dissolution for a corporation shall 6,210
set forth: 6,211
(1) That the corporation elects to be dissolved; 6,213
(2) Any additional provision deemed necessary with respect 6,215
to the proposed dissolution and winding up. 6,216
(C) The trustees may adopt a resolution of dissolution in 6,218
the following cases: 6,219
(1) When the corporation has been adjudged bankrupt or has 6,221
made a general assignment for the benefit of creditors; 6,222
(2) By leave of the court, when a receiver has been 6,224
appointed in a general creditors' suit or in any suit in which 6,225
141
the affairs of the corporation are to be wound up; 6,226
(3) When substantially all of the assets have been sold at 6,228
judicial sale or otherwise; 6,229
(4) When the period of existence of the corporation 6,231
specified in its articles has expired. 6,232
(D) The voting members at a meeting held for such purpose 6,234
may adopt a resolution of dissolution by the affirmative vote of 6,235
a majority of the voting members present if a quorum is present 6,236
or, if the articles or the regulations provide or permit, by the 6,237
affirmative vote of a greater or lesser proportion or number of 6,238
the voting members, and by such affirmative vote of the voting 6,239
members of any particular class as is required by the articles or 6,240
the regulations. Notice of the meeting of the members shall be 6,241
given to all the members whether or not entitled to vote thereat. 6,242
(E) Upon the adoption of a resolution of dissolution, a 6,244
certificate shall be prepared, on a form prescribed by the 6,245
secretary of state, setting forth the following: 6,246
(1) The name of the corporation; 6,248
(2) A statement that a resolution of dissolution has been 6,250
adopted; 6,251
(3) A statement of the manner of adoption of such 6,253
resolution, and, in the case of its adoption by the trustees, a 6,254
statement of the basis for such adoption; 6,255
(4) The place in this state where its principal office is 6,257
or is to be located; 6,258
(5) The names and addresses of its trustees and officers; 6,260
(6) The name and address of its statutory agent. 6,262
(F) Such certificate shall be signed by any authorized 6,264
officer, unless the officer fails to execute and file such 6,265
certificate within thirty days after the adoption of the 6,267
resolution, or upon any date specified in the resolution as the 6,268
date upon which such certificate is to be filed, or upon the 6,269
expiration of any period specified in the resolution as the 6,270
period within which such certificate is to be filed, whichever is 6,271
142
latest, in which event the certificate of dissolution may be 6,272
signed by any three voting members and shall set forth a 6,273
statement that the persons signing the certificate are voting 6,274
members and are filing the certificate because of the failure of 6,275
the officers to do so.
(G) A certificate of dissolution, filed with the secretary 6,277
of state, shall be accompanied by: 6,278
(1) An affidavit of one or more of the persons executing 6,280
the certificate of dissolution or of an officer of the 6,281
corporation containing a statement of the counties, if any, in 6,282
this state in which the corporation has personal property subject 6,283
to personal property taxes or a statement that the corporation is 6,284
of a type required to pay personal property taxes to state 6,285
authorities only; 6,286
(2) A receipt, certificate, or other evidence showing the 6,288
payment of all personal property taxes accruing up to the date of 6,289
such filing, unless the affidavit provided for in division (G)(1) 6,290
of this section states that the corporation has in this state no 6,292
personal property subject to personal property taxes;
(3) A receipt, certificate, or other evidence from the 6,294
bureau DIRECTOR of employment JOB AND FAMILY services showing 6,296
that all contributions due from the corporation as an employer 6,297
have been paid, or that such payment has been adequately 6,298
guaranteed, or that the corporation is not subject to such 6,299
contributions;
(4) A receipt, certificate, or other evidence showing the 6,301
payment of all sales, use, and highway use taxes accruing up to 6,302
the date of such filing, or that such payment has been adequately 6,303
guaranteed; 6,304
(5) In lieu of the receipt, certificate, or other evidence 6,306
described in division (G)(2), (3), or (4) of this section, an 6,307
affidavit of one or more of the persons executing the certificate 6,308
of dissolution or of an officer of the corporation containing a 6,309
statement of the date upon which the particular department, 6,310
143
agency, or authority was advised in writing of the scheduled date 6,311
of the filing of the certificate of dissolution and was advised 6,312
in writing of the acknowledgement by the corporation of the 6,313
applicability of section 1702.55 of the Revised Code. 6,314
(H) Upon the filing of a certificate of dissolution and 6,316
such accompanying documents, the corporation shall be dissolved. 6,317
Sec. 1703.17. (A) A foreign corporation may surrender its 6,326
license to transact business in this state in the manner provided 6,327
in this section. 6,328
(B) A certificate of surrender signed by any authorized 6,330
officer, or by the receiver, trustee in bankruptcy, or other 6,332
liquidator of such corporation, shall be filed with the secretary 6,333
of state, on a form prescribed by the secretary of state, setting 6,334
forth:
(1) The name of the corporation and of the state under the 6,336
laws of which it is incorporated; 6,337
(2) That it surrenders its license; 6,339
(3) The address to which the secretary of state may mail 6,341
any process against such corporation that may be served upon the 6,342
secretary of state, and may mail any other notices, certificates, 6,343
or statements. 6,344
(C) A certificate of surrender, filed with the secretary 6,346
of state, on a form prescribed by the secretary of state, shall 6,347
be accompanied by: 6,348
(1) A receipt, certificate, or other evidence showing the 6,350
payment of all franchise, sales, use, and highway use taxes 6,351
accruing up to the date of such filing, or that such payment has 6,353
been adequately guaranteed;
(2) A receipt, certificate, or other evidence showing the 6,355
payment of all personal property taxes accruing up to the date of 6,356
such filing; 6,357
(3) A receipt, certificate, or other evidence from the 6,359
bureau DIRECTOR of employment JOB AND FAMILY services showing 6,361
that all contributions due from the corporation as an employer 6,362
144
have been paid, or that such payment has been adequately 6,363
guaranteed, or that the corporation is not subject to such 6,364
contributions;
(4) An affidavit of the officer, or other person permitted 6,366
by law, executing the certificate of surrender, containing a 6,367
statement of the counties, if any, in this state in which the 6,368
corporation has personal property or a statement that the 6,369
corporation is of a type required to pay personal property taxes 6,370
to state authorities only. 6,371
(D) In lieu of the receipt, certificate, or other evidence 6,373
described in divisions (C)(1), (2), and (3) of this section, a 6,374
certificate of surrender may be accompanied by an affidavit of 6,375
the person executing the certificate of surrender, or of an 6,376
officer of the corporation, that contains a statement of the date 6,377
upon which the particular department, agency, or authority was 6,378
advised in writing of the scheduled date of filing the 6,379
certificate of surrender and was advised in writing of the 6,380
acknowledgement by the corporation that the surrender of its 6,381
license does not relieve it of liability, if any, for payment of 6,382
the taxes and contributions described in divisions (C)(1), (2), 6,383
and (3) of this section. 6,384
(E) In lieu of filing such certificate of surrender there 6,386
may be filed a certificate of the secretary of state, or other 6,387
proper official, of the state under the laws of which the 6,388
corporation is incorporated, certifying that said corporation has 6,389
been dissolved or its corporate existence otherwise terminated, 6,390
or a certified copy of an order of court terminating the 6,391
existence of such corporation; but such certificate or certified 6,392
copy shall be accompanied by the information required by division 6,393
(B)(3) of this section. 6,394
(F) For filing any such certificate or certified copy 6,396
under this section, there shall be paid to the secretary of state 6,397
a filing fee of twenty-five dollars. The secretary of state 6,398
shall thereupon cancel the license of such corporation, make a 6,399
145
notation of such cancellation upon the secretary of state's 6,400
records, and mail to the corporation a certificate of the action 6,402
so taken.
(G) The mere retirement from business of a foreign 6,404
corporation without filing a certificate of surrender shall not 6,405
exempt such corporation from the requirements of filing the 6,406
reports and paying the fees required by sections 1703.01 to 6,407
1703.31 of the Revised Code, or from making reports and paying 6,408
excise or franchise fees or taxes. 6,409
Sec. 1729.55. (A) An association may be dissolved 6,418
voluntarily in the manner provided in this section. 6,419
(B) A resolution of dissolution for an association shall 6,421
state both of the following: 6,422
(1) That the association elects to be dissolved; 6,424
(2) Any additional provision considered necessary with 6,426
respect to the proposed dissolution and winding up. 6,427
(C) Before subscriptions for membership and any stock or 6,429
other ownership interest have been received, the incorporators or 6,430
a majority of the incorporators may adopt, by a writing signed by 6,431
them, a resolution of dissolution. 6,432
(D) The directors may adopt a resolution of dissolution in 6,434
the following cases: 6,435
(1) When the association has been adjudged bankrupt or has 6,437
made a general assignment for the benefit of creditors; 6,438
(2) By leave of the court, when a receiver has been 6,440
appointed in a general creditors' suit or in any suit in which 6,441
the affairs of the association are to be wound up; 6,442
(3) When substantially all of the assets have been sold at 6,444
judicial sale or otherwise; 6,445
(4) When the articles of incorporation have been canceled 6,447
for failure to file annual franchise or excise tax returns or for 6,448
failure to pay franchise or excise taxes and the association has 6,449
not been reinstated or does not desire to be reinstated; 6,450
(5) When the period of existence of the association 6,452
146
specified in its articles has expired. 6,453
(E) At a meeting held for such purpose, the members may 6,455
adopt a resolution of dissolution by the affirmative vote of 6,456
sixty per cent of the member votes cast on such proposal or, if 6,457
the articles provide or permit, by the affirmative vote of a 6,458
greater or lesser proportion, though not less than a majority, of 6,459
such voting power, of any particular class as is required by the
articles of incorporation. Notice of the meeting of the members 6,460
shall be given to all members and stockholders whether or not 6,461
entitled to vote.
(F) Upon the adoption of a resolution of dissolution, a 6,463
certificate shall be filed with the secretary of state, on a form 6,464
prescribed by the secretary of state, stating all of the 6,466
following:
(1) The name of the association; 6,468
(2) A statement that a resolution of dissolution has been 6,470
adopted, its manner of adoption, and, in the case of its adoption 6,471
by the incorporators or directors, a statement of the basis for 6,472
such adoption;
(3) The place in this state where the association's 6,474
principal office is located; 6,475
(4) The names and addresses of the association's directors 6,477
and officers, or if the resolution of dissolution is adopted by 6,478
the incorporators, the names and addresses of the incorporators; 6,479
(5) The name and address of the association's statutory 6,481
agent.
(G) Such certificate shall be signed as follows: 6,483
(1) When the resolution of dissolution is adopted by the 6,485
incorporators, the certificate shall be signed by not less than a 6,487
majority of the incorporators;
(2) When the resolution is adopted by the directors or by 6,489
the members, the certificate shall be signed by any authorized 6,490
officer. However, if no authorized officer executes and files 6,492
such certificate within thirty days after the adoption of the 6,493
147
resolution or upon any date specified in the resolution as the 6,494
date upon which such certificate is to be filed or upon the 6,495
expiration of any period specified in the resolution as the 6,496
period within which such certificate is to be filed, whichever is 6,497
latest, the certificate of dissolution may be signed by any three
members, or if there are less than three members, then by all of 6,498
the members, and shall set forth a statement that the persons 6,499
signing the certificate are members and are filing the 6,500
certificate because of the failure of an authorized officer to do 6,502
so.
(H) A certificate of dissolution, filed with the secretary 6,504
of state, shall be accompanied by all of the following: 6,505
(1) An affidavit of one or more of the persons executing 6,507
the certificate of dissolution or of any authorized officer of 6,508
the association containing a statement of the counties, if any, 6,510
in this state in which the association has personal property or a 6,511
statement that the association is of a type required to pay
personal property taxes to state authorities only; 6,512
(2) A receipt, certificate, or other evidence showing the 6,514
payment of all franchise, sales, use, and highway use taxes 6,515
accruing up to the date of such filing, or that such payment has 6,516
been adequately guaranteed;
(3) A receipt, certificate, or other evidence showing the 6,518
payment of all personal property taxes accruing up to the date of 6,519
such filing;
(4) A receipt, certificate, or other evidence from the 6,521
bureau DIRECTOR of employment JOB AND FAMILY services showing 6,522
that all contributions due from the association as an employer 6,524
have been paid, or that such payment has been adequately
guaranteed, or that the association is not subject to such 6,525
contributions;
(5) A receipt, certificate, or other evidence from the 6,527
bureau of workers' compensation showing that all premiums due 6,528
from the association as an employer have been paid, or that such 6,529
148
payment has been adequately guaranteed, or that the association 6,530
is not subject to such premium payments;
(6) In lieu of the receipt, certificate, or other evidence 6,532
described in division (H)(2), (3), (4), or (5) of this section, 6,533
an affidavit of one or more persons executing the certificate of 6,534
dissolution or of any authorized officer of the association 6,536
containing a statement of the date upon which the particular 6,537
department, agency, or authority was advised in writing of the 6,538
scheduled date of filing of the certificate of dissolution and 6,539
was advised in writing of the acknowledgment by the association 6,540
of the applicability of section 1729.25 of the Revised Code. 6,541
(I) Upon the filing of a certificate of dissolution and 6,543
the accompanying documents required by division (H) of this 6,544
section, the association shall be dissolved. 6,545
Sec. 1743.05. Any corporation organized for the purpose of 6,554
providing a home for deaf and dumb persons may enter into a 6,555
contract with the board of county commissioners of any county, or 6,556
with the proper officers of any municipal infirmary, for the care 6,557
and maintenance in such home of any deaf and dumb person who is 6,558
an inmate of the county home or of such municipal infirmary, or 6,559
who is entitled to admission thereto. In every such case the 6,560
county home or municipal infirmary, during the period the person 6,561
remains in such home for deaf and dumb persons, shall pay to such 6,562
corporation, annually, a sum equal to the per capita cost of 6,563
maintaining inmates in the county home or municipal infirmary. 6,564
When any deaf and dumb person is maintained in a county 6,566
home or municipal infirmary, and in the judgment of the COUNTY 6,568
department of human JOB AND FAMILY services should be removed to 6,569
a home incorporated to provide a home for deaf and dumb persons, 6,570
such department may order the removal of the person from the 6,571
county home or municipal infirmary to such home. The 6,572
transportation of the person to such home and his THE PERSON'S 6,573
maintenance shall be paid for by the board of county 6,575
commissioners or the proper officers of the municipal infirmary. 6,576
149
Sec. 1751.01. As used in this chapter: 6,585
(A) "Basic health care services" means the following 6,588
services when medically necessary: 6,589
(1) Physician's services, except when such services are 6,591
supplemental under division (B) of this section; 6,593
(2) Inpatient hospital services; 6,595
(3) Outpatient medical services; 6,597
(4) Emergency health services; 6,599
(5) Urgent care services; 6,601
(6) Diagnostic laboratory services and diagnostic and 6,603
therapeutic radiologic services; 6,604
(7) Preventive health care services, including, but not 6,606
limited to, voluntary family planning services, infertility 6,607
services, periodic physical examinations, prenatal obstetrical 6,608
care, and well-child care. 6,609
"Basic health care services" does not include experimental 6,611
procedures. 6,612
A health insuring corporation shall not offer coverage for 6,614
a health care service, defined as a basic health care service by 6,615
this division, unless it offers coverage for all listed basic 6,616
health care services. However, this requirement does not apply 6,618
to the coverage of beneficiaries enrolled in Title XVIII of the 6,619
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as 6,621
amended, pursuant to a medicare contract, or to the coverage of 6,623
beneficiaries enrolled in the federal employee health benefits 6,624
program pursuant to 5 U.S.C.A. 8905, or to the coverage of 6,625
beneficiaries enrolled in Title XIX of the "Social Security Act," 6,627
49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, known as the 6,629
medical assistance program or medicaid, provided by the Ohio 6,630
department of human JOB AND FAMILY services under Chapter 5111. 6,632
of the Revised Code, or to the coverage of beneficiaries under 6,633
any federal health care program regulated by a federal regulatory 6,634
body, or to the coverage of beneficiaries under any contract 6,636
covering officers or employees of the state that has been entered 6,637
150
into by the department of administrative services. 6,638
(B) "Supplemental health care services" means any health 6,641
care services other than basic health care services that a health 6,642
insuring corporation may offer, alone or in combination with 6,643
either basic health care services or other supplemental health 6,644
care services, and includes:
(1) Services of facilities for intermediate or long-term 6,646
care, or both; 6,647
(2) Dental care services; 6,649
(3) Vision care and optometric services including lenses 6,651
and frames; 6,652
(4) Podiatric care or foot care services; 6,654
(5) Mental health services including psychological 6,656
services; 6,657
(6) Short-term outpatient evaluative and 6,659
crisis-intervention mental health services; 6,660
(7) Medical or psychological treatment and referral 6,662
services for alcohol and drug abuse or addiction; 6,663
(8) Home health services; 6,665
(9) Prescription drug services; 6,667
(10) Nursing services; 6,669
(11) Services of a dietitian licensed under Chapter 4759. 6,672
of the Revised Code;
(12) Physical therapy services; 6,674
(13) Chiropractic services; 6,676
(14) Any other category of services approved by the 6,678
superintendent of insurance. 6,679
(C) "Specialty health care services" means one of the 6,681
supplemental health care services listed in division (B)(1) to 6,683
(13) of this section, when provided by a health insuring 6,684
corporation on an outpatient-only basis and not in combination 6,685
with other supplemental health care services.
(D) "Closed panel plan" means a health care plan that 6,687
requires enrollees to use participating providers. 6,688
151
(E) "Compensation" means remuneration for the provision of 6,691
health care services, determined on other than a fee-for-service 6,692
or discounted-fee-for-service basis.
(F) "Contractual periodic prepayment" means the formula 6,695
for determining the premium rate for all subscribers of a health 6,696
insuring corporation. 6,697
(G) "Corporation" means a corporation formed under Chapter 6,700
1701. or 1702. of the Revised Code or the similar laws of another 6,702
state.
(H) "Emergency health services" means those health care 6,705
services that must be available on a seven-days-per-week, 6,706
twenty-four-hours-per-day basis in order to prevent jeopardy to 6,707
an enrollee's health status that would occur if such services 6,708
were not received as soon as possible, and includes, where 6,709
appropriate, provisions for transportation and indemnity payments 6,710
or service agreements for out-of-area coverage. 6,711
(I) "Enrollee" means any natural person who is entitled to 6,714
receive health care benefits provided by a health insuring 6,715
corporation.
(J) "Evidence of coverage" means any certificate, 6,718
agreement, policy, or contract issued to a subscriber that sets 6,719
out the coverage and other rights to which such person is 6,720
entitled under a health care plan. 6,721
(K) "Health care facility" means any facility, except a 6,724
health care practitioner's office, that provides preventive, 6,725
diagnostic, therapeutic, acute convalescent, rehabilitation, 6,726
mental health, mental retardation, intermediate care, or skilled 6,727
nursing services. 6,728
(L) "Health care services" means basic, supplemental, and 6,731
specialty health care services. 6,732
(M) "Health delivery network" means any group of providers 6,735
or health care facilities, or both, or any representative 6,736
thereof, that have entered into an agreement to offer health care 6,738
services in a panel rather than on an individual basis. 6,739
152
(N) "Health insuring corporation" means a corporation, as 6,742
defined in division (G) of this section, that, pursuant to a 6,743
policy, contract, certificate, or agreement, pays for, 6,744
reimburses, or provides, delivers, arranges for, or otherwise 6,745
makes available, basic health care services, supplemental health 6,746
care services, or specialty health care services, or a 6,747
combination of basic health care services and either supplemental 6,748
health care services or specialty health care services, through 6,750
either an open panel plan or a closed panel plan. 6,751
"Health insuring corporation" does not include a limited 6,754
liability company formed pursuant to Chapter 1705. of the Revised 6,756
Code, an insurer licensed under Title XXXIX of the Revised Code 6,762
if that insurer offers only open panel plans under which all 6,763
providers and health care facilities participating receive their 6,764
compensation directly from the insurer, a corporation formed by 6,765
or on behalf of a political subdivision or a department, office, 6,766
or institution of the state, or a public entity formed by or on 6,767
behalf of a board of county commissioners, a county board of 6,769
mental retardation and developmental disabilities, an alcohol and 6,771
drug addiction services board, a board of alcohol, drug 6,772
addiction, and mental health services, or a community mental 6,773
health board, as those terms are used in Chapters 340. and 5126. 6,774
of the Revised Code. Except as provided by division (D) of 6,777
section 1751.02 of the Revised Code, or as otherwise provided by 6,780
law, no board, commission, agency, or other entity under the 6,782
control of a political subdivision may accept insurance risk in 6,783
providing for health care services. However, nothing in this 6,784
division shall be construed as prohibiting such entities from 6,785
purchasing the services of a health insuring corporation or a 6,786
third-party administrator licensed under Chapter 3959. of the 6,787
Revised Code. 6,788
(O) "Intermediary organization" means a health delivery 6,791
network or other entity that contracts with licensed health 6,792
insuring corporations or self-insured employers, or both, to 6,793
153
provide health care services, and that enters into contractual 6,795
arrangements with other entities for the provision of health care 6,796
services for the purpose of fulfilling the terms of its contracts 6,797
with the health insuring corporations and self-insured employers. 6,798
(P) "Intermediate care" means residential care above the 6,801
level of room and board for patients who require personal 6,802
assistance and health-related services, but who do not require 6,803
skilled nursing care.
(Q) "Medical record" means the personal information that 6,806
relates to an individual's physical or mental condition, medical 6,807
history, or medical treatment. 6,808
(R)(1) "Open panel plan" means a health care plan that 6,810
provides incentives for enrollees to use participating providers 6,811
and that also allows enrollees to use providers that are not 6,812
participating providers.
(2) No health insuring corporation may offer an open panel 6,815
plan, unless the health insuring corporation is also licensed as 6,816
an insurer under Title XXXIX of the Revised Code, the health 6,817
insuring corporation, on June 4, 1997, holds a certificate of 6,819
authority or license to operate under Chapter 1736. or 1740. of 6,820
the Revised Code, or an insurer licensed under Title XXXIX of the 6,822
Revised Code is responsible for the out-of-network risk as 6,823
evidenced by both an evidence of coverage filing under section 6,824
1751.11 of the Revised Code and a policy and certificate filing 6,826
under section 3923.02 of the Revised Code. 6,827
(S) "Panel" means a group of providers or health care 6,829
facilities that have joined together to deliver health care 6,830
services through a contractual arrangement with a health insuring 6,832
corporation, employer group, or other payor.
(T) "Person" has the same meaning as in section 1.59 of 6,834
the Revised Code, and, unless the context otherwise requires, 6,835
includes any insurance company holding a certificate of authority 6,836
under Title XXXIX of the Revised Code, any subsidiary and 6,838
affiliate of an insurance company, and any government agency. 6,839
154
(U) "Premium rate" means any set fee regularly paid by a 6,842
subscriber to a health insuring corporation. A "premium rate" 6,843
does not include a one-time membership fee, an annual
administrative fee, or a nominal access fee, paid to a managed 6,844
health care system under which the recipient of health care 6,845
services remains solely responsible for any charges accessed for 6,846
those services by the provider or health care facility. 6,847
(V) "Primary care provider" means a provider that is 6,850
designated by a health insuring corporation to supervise, 6,851
coordinate, or provide initial care or continuing care to an 6,852
enrollee, and that may be required by the health insuring 6,853
corporation to initiate a referral for specialty care and to 6,854
maintain supervision of the health care services rendered to the 6,855
enrollee.
(W) "Provider" means any natural person or partnership of 6,858
natural persons who are licensed, certified, accredited, or 6,859
otherwise authorized in this state to furnish health care 6,860
services, or any professional association organized under Chapter 6,861
1785. of the Revised Code, provided that nothing in this chapter 6,863
or other provisions of law shall be construed to preclude a 6,864
health insuring corporation, health care practitioner, or 6,865
organized health care group associated with a health insuring 6,866
corporation from employing certified nurse practitioners,
certified nurse anesthetists, clinical nurse specialists, 6,867
certified nurse midwives, dietitians, physicians' assistants, 6,868
dental assistants, dental hygienists, optometric technicians, or 6,869
other allied health personnel who are licensed, certified, 6,870
accredited, or otherwise authorized in this state to furnish 6,871
health care services.
(X) "Provider sponsored organization" means a corporation, 6,874
as defined in division (G) of this section, that is at least 6,875
eighty per cent owned or controlled by one or more hospitals, as 6,877
defined in section 3727.01 of the Revised Code, or one or more 6,878
physicians licensed to practice medicine or surgery or 6,879
155
osteopathic medicine and surgery under Chapter 4731. of the 6,880
Revised Code, or any combination of such physicians and 6,881
hospitals. Such control is presumed to exist if at least eighty 6,882
per cent of the voting rights or governance rights of a provider 6,883
sponsored organization are directly or indirectly owned, 6,884
controlled, or otherwise held by any combination of the 6,885
physicians and hospitals described in this division. 6,886
(Y) "Solicitation document" means the written materials 6,888
provided to prospective subscribers or enrollees, or both, and 6,890
used for advertising and marketing to induce enrollment in the 6,891
health care plans of a health insuring corporation. 6,892
(Z) "Subscriber" means a person who is responsible for 6,895
making payments to a health insuring corporation for 6,896
participation in a health care plan, or an enrollee whose 6,897
employment or other status is the basis of eligibility for 6,898
enrollment in a health insuring corporation.
(AA) "Urgent care services" means those health care 6,901
services that are appropriately provided for an unforeseen 6,902
condition of a kind that usually requires medical attention 6,903
without delay but that does not pose a threat to the life, limb, 6,904
or permanent health of the injured or ill person, and may include 6,906
such health care services provided out of the health insuring 6,907
corporation's approved service area pursuant to indemnity 6,908
payments or service agreements.
Sec. 1751.11. (A) Every subscriber of a health insuring 6,917
corporation is entitled to an evidence of coverage for the health 6,918
care plan under which health care benefits are provided. 6,919
(B) Every subscriber of a health insuring corporation that 6,921
offers basic health care services is entitled to an 6,922
identification card or similar document that specifies the health 6,923
insuring corporation's name as stated in its articles of 6,924
incorporation, and any trade or fictitious names used by the 6,925
health insuring corporation. The identification card or document 6,926
shall list at least one toll-free telephone number that provides 6,927
156
the subscriber with access, to information on a 6,928
twenty-four-hours-per-day, seven-days-per-week basis, as to how 6,929
health care services may be obtained. The identification card or 6,930
document shall also list at least one toll-free number that, 6,931
during normal business hours, provides the subscriber with access 6,932
to information on the coverage available under the subscriber's 6,933
health care plan and information on the health care plan's 6,934
internal and external review processes.
(C) No evidence of coverage, or amendment to the evidence 6,936
of coverage, shall be delivered, issued for delivery, renewed, or 6,937
used, until the form of the evidence of coverage or amendment has 6,938
been filed by the health insuring corporation with the 6,939
superintendent of insurance. If the superintendent does not 6,940
disapprove the evidence of coverage or amendment within sixty 6,941
days after it is filed it shall be deemed approved, unless the 6,942
superintendent sooner gives approval for the evidence of coverage 6,943
or amendment. With respect to an amendment to an approved 6,944
evidence of coverage, the superintendent only may disapprove 6,945
provisions amended or added to the evidence of coverage. If the 6,946
superintendent determines within the sixty-day period that any 6,947
evidence of coverage or amendment fails to meet the requirements 6,948
of this section, the superintendent shall so notify the health 6,949
insuring corporation and it shall be unlawful for the health 6,950
insuring corporation to use such evidence of coverage or 6,951
amendment. At any time, the superintendent, upon at least thirty 6,952
days' written notice to a health insuring corporation, may 6,953
withdraw an approval, deemed or actual, of any evidence of 6,954
coverage or amendment on any of the grounds stated in this 6,955
section. Such disapproval shall be effected by a written order, 6,956
which shall state the grounds for disapproval and shall be issued 6,957
in accordance with Chapter 119. of the Revised Code. 6,958
(D) No evidence of coverage or amendment shall be 6,960
delivered, issued for delivery, renewed, or used: 6,961
(1) If it contains provisions or statements that are 6,963
157
inequitable, untrue, misleading, or deceptive; 6,964
(2) Unless it contains a clear, concise, and complete 6,966
statement of the following: 6,967
(a) The health care services and insurance or other 6,969
benefits, if any, to which an enrollee is entitled under the 6,970
health care plan;
(b) Any exclusions or limitations on the health care 6,972
services, type of health care services, benefits, or type of 6,973
benefits to be provided, including copayments; 6,974
(c) An enrollee's personal financial obligation for 6,976
noncovered services; 6,977
(d) Where and in what manner general information and 6,979
information as to how health care services may be obtained is 6,980
available, including a toll-free telephone number; 6,981
(e) The premium rate with respect to individual and 6,983
conversion contracts, and relevant copayment provisions with 6,984
respect to all contracts. The statement of the premium rate, 6,985
however, may be contained in a separate insert. 6,986
(f) The method utilized by the health insuring corporation 6,988
for resolving enrollee complaints; 6,989
(g) The utilization review, internal review, and external 6,991
review procedures established under sections 1751.77 to 1751.85 6,992
of the Revised Code. 6,993
(3) Unless it provides for the continuation of an 6,995
enrollee's coverage, in the event that the enrollee's coverage 6,996
under the group policy, contract, certificate, or agreement 6,997
terminates while the enrollee is receiving inpatient care in a 6,998
hospital. This continuation of coverage shall terminate at the 6,999
earliest occurrence of any of the following: 7,000
(a) The enrollee's discharge from the hospital; 7,002
(b) The determination by the enrollee's attending 7,004
physician that inpatient care is no longer medically indicated 7,005
for the enrollee; however, nothing in division (D)(3)(b) of this 7,006
section precludes a health insuring corporation from engaging in 7,007
158
utilization review as described in the evidence of coverage. 7,008
(c) The enrollee's reaching the limit for contractual 7,010
benefits;
(d) The effective date of any new coverage. 7,012
(4) Unless it contains a provision that states, in 7,014
substance, that the health insuring corporation is not a member 7,015
of any guaranty fund, and that in the event of the health 7,016
insuring corporation's insolvency, an enrollee is protected only 7,017
to the extent that the hold harmless provision required by 7,018
section 1751.13 of the Revised Code applies to the health care 7,019
services rendered; 7,020
(5) Unless it contains a provision that states, in 7,022
substance, that in the event of the insolvency of the health 7,023
insuring corporation, an enrollee may be financially responsible 7,024
for health care services rendered by a provider or health care 7,025
facility that is not under contract to the health insuring 7,026
corporation, whether or not the health insuring corporation 7,027
authorized the use of the provider or health care facility. 7,028
(E) Notwithstanding divisions (C) and (D) of this section, 7,030
a health insuring corporation may use an evidence of coverage 7,031
that provides for the coverage of beneficiaries enrolled in Title 7,032
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 7,033
U.S.C.A. 301, as amended, pursuant to a medicare contract, or an 7,034
evidence of coverage that provides for the coverage of 7,035
beneficiaries enrolled in the federal employees health benefits 7,036
program pursuant to 5 U.S.C.A. 8905, or an evidence of coverage 7,037
that provides for the coverage of beneficiaries enrolled in Title 7,038
XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 7,039
U.S.C.A. 301, as amended, known as the medical assistance program 7,040
or medicaid, provided by the Ohio department of human JOB AND 7,041
FAMILY services under Chapter 5111. of the Revised Code, or an 7,043
evidence of coverage that provides for the coverage of 7,044
beneficiaries under any other federal health care program 7,045
regulated by a federal regulatory body, or an evidence of
159
coverage that provides for the coverage of beneficiaries under 7,046
any contract covering officers or employees of the state that has 7,047
been entered into by the department of administrative services, 7,048
if both of the following apply: 7,049
(1) The evidence of coverage has been approved by the 7,051
United States department of health and human services, the United 7,052
States office of personnel management, the Ohio department of 7,053
human JOB AND FAMILY services, or the department of 7,054
administrative services.
(2) The evidence of coverage is filed with the 7,056
superintendent of insurance prior to use and is accompanied by 7,057
documentation of approval from the United States department of 7,058
health and human services, the United States office of personnel 7,059
management, the Ohio department of human JOB AND FAMILY services, 7,060
or the department of administrative services. 7,062
Sec. 1751.12. (A)(1) No contractual periodic prepayment 7,072
and no premium rate for nongroup and conversion policies for 7,073
health care services, or any amendment to them, may be used by 7,074
any health insuring corporation at any time until the contractual 7,075
periodic prepayment and premium rate, or amendment, have been 7,076
filed with the superintendent of insurance, and shall not be 7,077
effective until the expiration of sixty days after their filing 7,078
unless the superintendent sooner gives approval. The filing 7,079
shall be accompanied by an actuarial certification in the form 7,080
prescribed by the superintendent. The superintendent shall 7,081
disapprove the filing, if the superintendent determines within 7,082
the sixty-day period that the contractual periodic prepayment or 7,083
premium rate, or amendment, is not in accordance with sound 7,084
actuarial principles or is not reasonably related to the 7,085
applicable coverage and characteristics of the applicable class 7,086
of enrollees. The superintendent shall notify the health 7,087
insuring corporation of the disapproval, and it shall thereafter 7,088
be unlawful for the health insuring corporation to use the 7,089
contractual periodic prepayment or premium rate, or amendment. 7,090
160
(2) No contractual periodic prepayment for group policies 7,093
for health care services shall be used until the contractual 7,094
periodic prepayment has been filed with the superintendent. The 7,095
filing shall be accompanied by an actuarial certification in the 7,096
form prescribed by the superintendent. The superintendent may 7,098
reject a filing made under division (A)(2) of this section at any 7,099
time, with at least thirty days' written notice to a health 7,100
insuring corporation, if the contractual periodic prepayment is 7,101
not in accordance with sound actuarial principles or is not 7,103
reasonably related to the applicable coverage and characteristics 7,104
of the applicable class of enrollees. 7,105
(3) At any time, the superintendent, upon at least thirty 7,107
days' written notice to a health insuring corporation, may 7,108
withdraw the approval given under division (A)(1) of this 7,109
section, deemed or actual, of any contractual periodic prepayment 7,111
or premium rate, or amendment, based on information that either 7,112
of the following applies:
(a) The contractual periodic prepayment or premium rate, 7,115
or amendment, is not in accordance with sound actuarial 7,116
principles.
(b) The contractual periodic prepayment or premium rate, 7,119
or amendment, is not reasonably related to the applicable 7,120
coverage and characteristics of the applicable class of 7,121
enrollees.
(4) Any disapproval under division (A)(1) of this section, 7,123
any rejection of a filing made under division (A)(2) of this 7,125
section, or any withdrawal of approval under division (A)(3) of 7,126
this section, shall be effected by a written notice, which shall 7,127
state the specific basis for the disapproval, rejection, or 7,128
withdrawal and shall be issued in accordance with Chapter 119. of 7,129
the Revised Code. 7,130
(B) Notwithstanding division (A) of this section, a health 7,133
insuring corporation may use a contractual periodic prepayment or 7,134
premium rate for policies used for the coverage of beneficiaries 7,135
161
enrolled in Title XVIII of the "Social Security Act," 49 Stat. 7,137
620 (1935), 42 U.S.C.A. 301, as amended, pursuant to a medicare 7,139
risk contract or medicare cost contract, or for policies used for 7,140
the coverage of beneficiaries enrolled in the federal employees 7,141
health benefits program pursuant to 5 U.S.C.A. 8905, or for 7,144
policies used for the coverage of beneficiaries enrolled in Title 7,145
XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 7,147
U.S.C.A. 301, as amended, known as the medical assistance program 7,150
or medicaid, provided by the Ohio department of human JOB AND 7,151
FAMILY services under Chapter 5111. of the Revised Code, or for 7,154
policies used for the coverage of beneficiaries under any other 7,155
federal health care program regulated by a federal regulatory 7,156
body, or for policies used for the coverage of beneficiaries 7,157
under any contract covering officers or employees of the state 7,158
that has been entered into by the department of administrative 7,160
services, if both of the following apply: 7,162
(1) The contractual periodic prepayment or premium rate 7,164
has been approved by the United States department of health and 7,165
human services, the United States office of personnel management, 7,167
the Ohio department of human JOB AND FAMILY services, or the 7,168
department of administrative services. 7,169
(2) The contractual periodic prepayment or premium rate is 7,171
filed with the superintendent prior to use and is accompanied by 7,172
documentation of approval from the United States department of 7,174
health and human services, the United States office of personnel 7,175
management, the Ohio department of human JOB AND FAMILY services, 7,177
or the department of administrative services. 7,178
(C) The administrative expense portion of all contractual 7,181
periodic prepayment or premium rate filings submitted to the 7,182
superintendent for review must reflect the actual cost of 7,183
administering the product. The superintendent may require that 7,184
the administrative expense portion of the filings be itemized and 7,185
supported.
(D)(1) Copayments must be reasonable and must not be a 7,187
162
barrier to the necessary utilization of services by enrollees. 7,188
(2) A health insuring corporation may not impose copayment 7,191
charges on basic health care services that exceed thirty per cent 7,192
of the total cost of providing any single covered health care 7,193
service, except for physician office visits, emergency health 7,194
services, and urgent care services. The total cost of providing 7,195
a health care service is the cost to the health insuring 7,196
corporation of providing the health care service to its enrollees 7,198
as reduced by any applicable provider discount. An open panel 7,200
plan may not impose copayments on out-of-network benefits that 7,201
exceed fifty per cent of the total cost of providing any single 7,202
covered health care service.
(3) To ensure that copayments are not a barrier to the 7,204
utilization of basic health care services, a health insuring 7,205
corporation may not impose, in any contract year, on any 7,207
subscriber or enrollee, copayments that exceed two hundred per 7,208
cent of the total annual premium rate to the subscriber or 7,209
enrollees. This limitation of two hundred per cent does not 7,212
include any reasonable copayments that are not a barrier to the 7,213
necessary utilization of health care services by enrollees and 7,214
that are imposed on physician office visits, emergency health 7,215
services, urgent care services, supplemental health care 7,216
services, or specialty health care services.
(E) A health insuring corporation shall not impose 7,219
lifetime maximums on basic health care services. However, a 7,220
health insuring corporation may establish a benefit limit for 7,221
inpatient hospital services that are provided pursuant to a 7,222
policy, contract, certificate, or agreement for supplemental 7,223
health care services.
Sec. 1751.13. (A)(1)(a) A health insuring corporation 7,233
shall, either directly or indirectly, enter into contracts for 7,234
the provision of health care services with a sufficient number 7,235
and types of providers and health care facilities to ensure that 7,236
all covered health care services will be accessible to enrollees 7,237
163
from a contracted provider or health care facility. 7,238
(b) A health insuring corporation shall not refuse to 7,241
contract with a physician for the provision of health care
services or refuse to recognize a physician as a specialist on 7,242
the basis that the physician attended an educational program or a 7,244
residency program approved or certified by the American 7,245
Osteopathic Association OSTEOPATHIC ASSOCIATION. A health 7,246
insuring corporation shall not refuse to contract with a health 7,248
care facility for the provision of health care services on the 7,249
basis that the health care facility is certified or accredited by 7,250
the American Osteopathic Association OSTEOPATHIC ASSOCIATION or 7,252
that the health care facility is an osteopathic hospital as 7,254
defined in section 3702.51 of the Revised Code. 7,256
(c) Nothing in division (A)(1)(b) of this section shall be 7,260
construed to require a health insuring corporation to make a 7,261
benefit payment under a closed panel plan to a physician or 7,262
health care facility with which the health insuring corporation 7,263
does not have a contract, provided that none of the bases set 7,264
forth in that division are used as a reason for failing to make a 7,265
benefit payment.
(2) When a health insuring corporation is unable to 7,267
provide a covered health care service from a contracted provider 7,268
or health care facility, the health insuring corporation must 7,269
provide that health care service from a noncontracted provider or 7,271
health care facility consistent with the terms of the enrollee's 7,272
policy, contract, certificate, or agreement. The health insuring 7,273
corporation shall either ensure that the health care service be 7,274
provided at no greater cost to the enrollee than if the enrollee 7,275
had obtained the health care service from a contracted provider 7,276
or health care facility, or make other arrangements acceptable to 7,277
the superintendent of insurance. 7,278
(3) Nothing in this section shall prohibit a health 7,280
insuring corporation from entering into contracts with 7,281
out-of-state providers or health care facilities that are 7,282
164
licensed, certified, accredited, or otherwise authorized in that 7,283
state. 7,284
(B)(1) A health insuring corporation shall, either 7,287
directly or indirectly, enter into contracts with all providers 7,288
and health care facilities through which health care services are 7,289
provided to its enrollees.
(2) A health insuring corporation, upon written request, 7,291
shall assist its contracted providers in finding stop-loss or 7,292
reinsurance carriers.
(C) A health insuring corporation shall file an annual 7,294
certificate with the superintendent certifying that all provider 7,295
contracts and contracts with health care facilities through which 7,296
health care services are being provided contain the following: 7,297
(1) A description of the method by which the provider or 7,299
health care facility will be notified of the specific health care 7,301
services for which the provider or health care facility will be 7,302
responsible, including any limitations or conditions on such 7,303
services;
(2) The specific hold harmless provision specifying 7,305
protection of enrollees set forth as follows: 7,306
"[Provider/Health Care Facility< agrees that in no event, 7,309
including but not limited to nonpayment by the health insuring 7,310
corporation, insolvency of the health insuring corporation, or 7,311
breach of this agreement, shall [Provider/Health Care Facility< 7,313
bill, charge, collect a deposit from, seek remuneration or 7,314
reimbursement from, or have any recourse against, a subscriber, 7,315
enrollee, person to whom health care services have been provided, 7,317
or person acting on behalf of the covered enrollee, for health 7,318
care services provided pursuant to this agreement. This does not 7,319
prohibit [Provider/Health Care Facility< from collecting 7,320
co-insurance or copayments as specifically provided in the 7,322
evidence of coverage, or fees for uncovered health care services 7,323
delivered on a fee-for-service basis to persons referenced above, 7,324
nor from any recourse against the health insuring corporation or 7,325
165
its successor."
(3) Provisions requiring the provider or health care 7,327
facility to continue to provide covered health care services to 7,328
enrollees in the event of the health insuring corporation's 7,329
insolvency or discontinuance of operations. The provisions shall 7,331
require the provider or health care facility to continue to 7,332
provide covered health care services to enrollees as needed to 7,333
complete any medically necessary procedures commenced but 7,334
unfinished at the time of the health insuring corporation's
insolvency or discontinuance of operations. The completion of a 7,335
medically necessary procedure shall include the rendering of all 7,337
covered health care services that constitute medically necessary 7,338
follow-up care for that procedure. If an enrollee is receiving 7,340
necessary inpatient care at a hospital, the provisions may limit 7,341
the required provision of covered health care services relating 7,342
to that inpatient care in accordance with division (D)(3) of 7,343
section 1751.11 of the Revised Code, and may also limit such 7,344
required provision of covered health care services to the period 7,345
ending thirty days after the health insuring corporation's 7,346
insolvency or discontinuance of operations. 7,347
The provisions required by division (C)(3) of this section 7,350
shall not require any provider or health care facility to 7,351
continue to provide any covered health care service after the
occurrence of any of the following: 7,352
(a) The end of the thirty-day period following the entry 7,354
of a liquidation order under Chapter 3903. of the Revised Code; 7,356
(b) The end of the enrollee's period of coverage for a 7,358
contractual prepayment or premium; 7,359
(c) The enrollee obtains equivalent coverage with another 7,361
health insuring corporation or insurer, or the enrollee's 7,362
employer obtains such coverage for the enrollee; 7,363
(d) The enrollee or the enrollee's employer terminates 7,365
coverage under the contract; 7,366
(e) A liquidator effects a transfer of the health insuring 7,369
166
corporation's obligations under the contract under division 7,370
(A)(8) of section 3903.21 of the Revised Code.
(4) A provision clearly stating the rights and 7,372
responsibilities of the health insuring corporation, and of the 7,373
contracted providers and health care facilities, with respect to 7,374
administrative policies and programs, including, but not limited 7,375
to, payments systems, utilization review, quality assurance, 7,376
assessment, and improvement programs, credentialing, 7,377
confidentiality requirements, and any applicable federal or state 7,378
programs; 7,379
(5) A provision regarding the availability and 7,381
confidentiality of those health records maintained by providers 7,382
and health care facilities to monitor and evaluate the quality of 7,384
care, to conduct evaluations and audits, and to determine on a 7,385
concurrent or retrospective basis the necessity of and
appropriateness of health care services provided to enrollees. 7,386
The provision shall include terms requiring the provider or 7,387
health care facility to make these health records available to 7,388
appropriate state and federal authorities involved in assessing 7,389
the quality of care or in investigating the grievances or 7,390
complaints of enrollees, and requiring the provider or health 7,391
care facility to comply with applicable state and federal laws 7,392
related to the confidentiality of medical or health records. 7,394
(6) A provision that states that contractual rights and 7,396
responsibilities may not be assigned or delegated by the provider 7,398
or health care facility without the prior written consent of the 7,399
health insuring corporation;
(7) A provision requiring the provider or health care 7,401
facility to maintain adequate professional liability and 7,402
malpractice insurance. The provision shall also require the 7,403
provider or health care facility to notify the health insuring 7,404
corporation not more than ten days after the provider's or health 7,406
care facility's receipt of notice of any reduction or
cancellation of such coverage. 7,407
167
(8) A provision requiring the provider or health care 7,409
facility to observe, protect, and promote the rights of enrollees 7,411
as patients;
(9) A provision requiring the provider or health care 7,413
facility to provide health care services without discrimination 7,414
on the basis of a patient's participation in the health care 7,415
plan, age, sex, ethnicity, religion, sexual preference, health 7,416
status, or disability, and without regard to the source of 7,417
payments made for health care services rendered to a patient. 7,418
This requirement shall not apply to circumstances when the 7,419
provider or health care facility appropriately does not render 7,420
services due to limitations arising from the provider's or health 7,422
care facility's lack of training, experience, or skill, or due to 7,423
licensing restrictions.
(10) A provision containing the specifics of any 7,425
obligation on the primary care provider to provide, or to arrange 7,428
for the provision of, covered health care services twenty-four 7,429
hours per day, seven days per week;
(11) A provision setting forth procedures for the 7,431
resolution of disputes arising out of the contract; 7,432
(12) A provision stating that the hold harmless provision 7,434
required by division (C)(2) of this section shall survive the 7,436
termination of the contract with respect to services covered and 7,437
provided under the contract during the time the contract was in 7,438
effect, regardless of the reason for the termination, including
the insolvency of the health insuring corporation; 7,439
(13) A provision requiring those terms that are used in 7,441
the contract and that are defined by this chapter, be used in the 7,443
contract in a manner consistent with those definitions. 7,444
This division does not apply to the coverage of 7,446
beneficiaries enrolled in Title XVIII of the "Social Security 7,450
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, pursuant 7,454
to a medicare risk contract or medicare cost contract, or to the 7,455
coverage of beneficiaries enrolled in the federal employee health 7,456
168
benefits program pursuant to 5 U.S.C.A. 8905, or to the coverage 7,459
of beneficiaries enrolled in Title XIX of the "Social Security 7,463
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, known as 7,467
the medical assistance program or medicaid, provided by the Ohio 7,468
department of human JOB AND FAMILY services under Chapter 5111. 7,470
of the Revised Code, or to the coverage of beneficiaries under 7,473
any federal health care program regulated by a federal regulatory 7,474
body, or to the coverage of beneficiaries under any contract 7,475
covering officers or employees of the state that has been entered 7,476
into by the department of administrative services. 7,477
(D)(1) No health insuring corporation contract with a 7,480
provider or health care facility shall contain any of the 7,481
following:
(a) A provision that directly or indirectly offers an 7,484
inducement to the provider or health care facility to reduce or 7,485
limit medically necessary health care services to a covered 7,486
enrollee;
(b) A provision that penalizes a provider or health care 7,489
facility that assists an enrollee to seek a reconsideration of 7,490
the health insuring corporation's decision to deny or limit 7,491
benefits to the enrollee; 7,492
(c) A provision that limits or otherwise restricts the 7,495
provider's or health care facility's ethical and legal
responsibility to fully advise enrollees about their medical 7,496
condition and about medically appropriate treatment options; 7,498
(d) A provision that penalizes a provider or health care 7,501
facility for principally advocating for medically necessary 7,502
health care services;
(e) A provision that penalizes a provider or health care 7,504
facility for providing information or testimony to a legislative 7,505
or regulatory body or agency. This shall not be construed to 7,506
prohibit a health insuring corporation from penalizing a provider 7,508
or health care facility that provides information or testimony 7,509
that is libelous or slanderous or that discloses trade secrets 7,510
169
which the provider or health care facility has no privilege or 7,511
permission to disclose.
(2) Nothing in this division shall be construed to 7,513
prohibit a health insuring corporation from doing either of the 7,514
following: 7,515
(a) Making a determination not to reimburse or pay for a 7,518
particular medical treatment or other health care service; 7,519
(b) Enforcing reasonable peer review or utilization review 7,522
protocols, or determining whether a particular provider or health 7,523
care facility has complied with these protocols. 7,524
(E) Any contract between a health insuring corporation and 7,527
an intermediary organization shall clearly specify that the 7,528
health insuring corporation must approve or disapprove the 7,529
participation of any provider or health care facility with which 7,530
the intermediary organization contracts. 7,531
(F) If an intermediary organization that is not a health 7,533
delivery network contracting solely with self-insured employers 7,534
subcontracts with a provider or health care facility, the 7,535
subcontract with the provider or health care facility shall do 7,536
all of the following:
(1) Contain the provisions required by divisions (C) and 7,539
(G) of this section, as made applicable to an intermediary 7,540
organization, without the inclusion of inducements or penalties 7,541
described in division (D) of this section; 7,542
(2) Acknowledge that the health insuring corporation is a 7,544
third-party beneficiary to the agreement; 7,545
(3) Acknowledge the health insuring corporation's role in 7,547
approving the participation of the provider or health care 7,548
facility, pursuant to division (E) of this section. 7,550
(G) Any provider contract or contract with a health care 7,553
facility shall clearly specify the health insuring corporation's 7,554
statutory responsibility to monitor and oversee the offering of 7,555
covered health care services to its enrollees. 7,556
(H)(1) A health insuring corporation shall maintain its 7,559
170
provider contracts and its contracts with health care facilities 7,560
at one or more of its places of business in this state, and shall 7,561
provide copies of these contracts to facilitate regulatory review 7,562
upon written notice by the superintendent of insurance. 7,563
(2) Any contract with an intermediary organization that 7,565
accepts compensation shall include provisions requiring the 7,567
intermediary organization to provide the superintendent with 7,568
regulatory access to all books, records, financial information, 7,569
and documents related to the provision of health care services to 7,570
subscribers and enrollees under the contract. The contract shall 7,571
require the intermediary organization to maintain such books, 7,572
records, financial information, and documents at its principal 7,573
place of business in this state and to preserve them for at least 7,574
three years in a manner that facilitates regulatory review. 7,575
(I)(1) A health insuring corporation shall notify its 7,578
affected enrollees of the termination of a contract for the 7,579
provision of health care services between the health insuring 7,580
corporation and a primary care physician or hospital, by mail, 7,582
within thirty days after the termination of the contract. 7,583
(a) Notice shall be given to subscribers of the 7,585
termination of a contract with a primary care physician if the 7,586
subscriber, or a dependent covered under the subscriber's health 7,587
care coverage, has received health care services from the primary 7,589
care physician within the previous twelve months or if the 7,590
subscriber or dependent has selected the physician as the
subscriber's or dependent's primary care physician within the 7,591
previous twelve months. 7,592
(b) Notice shall be given to subscribers of the 7,594
termination of a contract with a hospital if the subscriber, or a 7,596
dependent covered under the subscriber's health care coverage,
has received health care services from that hospital within the 7,597
previous twelve months. 7,598
(2) The health insuring corporation shall pay, in 7,600
accordance with the terms of the contract, for all covered health 7,602
171
care services rendered to an enrollee by a primary care physician 7,603
or hospital between the date of the termination of the contract 7,604
and five days after the notification of the contract termination 7,605
is mailed to a subscriber at the subscriber's last known address. 7,606
(J) Divisions (A) and (B) of this section do not apply to 7,609
any health insuring corporation that, on June 4, 1997, holds a 7,610
certificate of authority or license to operate under Chapter 7,612
1740. of the Revised Code. 7,613
(K) Nothing in this section shall restrict the governing 7,615
body of a hospital from exercising the authority granted it 7,616
pursuant to section 3701.351 of the Revised Code. 7,617
Sec. 1751.20. (A) No health insuring corporation, or 7,627
agent, employee, or representative of a health insuring 7,628
corporation, shall use any advertisement or solicitation 7,629
document, or shall engage in any activity, that is unfair, 7,630
untrue, misleading, or deceptive.
(B) No health insuring corporation shall use a name that 7,633
is deceptively similar to the name or description of any 7,634
insurance or surety corporation doing business in this state. 7,635
(C) All solicitation documents, advertisements, evidences 7,638
of coverage, and enrollee identification cards used by a health 7,639
insuring corporation shall contain the health insuring 7,640
corporation's name. The use of a trade name, an insurance group 7,641
designation, the name of a parent company, the name of a division 7,642
of an affiliated insurance company, a service mark, a slogan, a 7,643
symbol, or other device, without the name of the health insuring 7,644
corporation as stated in its articles of incorporation, shall not 7,645
satisfy this requirement if the usage would have the capacity and 7,646
tendency to mislead or deceive persons as to the true identity of 7,647
the health insuring corporation. 7,648
(D) No solicitation document or advertisement used by a 7,651
health insuring corporation shall contain any words, symbols, or 7,652
physical materials that are so similar in content, phraseology, 7,653
shape, color, or other characteristic to those used by an agency 7,654
172
of the federal government or this state, that prospective 7,655
enrollees may be led to believe that the solicitation document or 7,656
advertisement is connected with an agency of the federal 7,657
government or this state. 7,658
(E) A health insuring corporation that provides basic 7,660
health care services may use the phrase "health maintenance 7,662
organization" or the abbreviation "HMO" in its marketing name, 7,663
advertising, solicitation documents, or marketing literature, or 7,665
in reference to the phrase "doing business as" or the
abbreviation "DBA." 7,666
(F) This section does not apply to the coverage of 7,668
beneficiaries enrolled in Title XVIII of the "Social Security 7,670
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, pursuant 7,673
to a medicare risk contract or medicare cost contract, or to the 7,674
coverage of beneficiaries enrolled in the federal employee health 7,675
benefits program pursuant to 5 U.S.C.A. 8905, or to the coverage 7,677
of beneficiaries enrolled in Title XIX of the "Social Security 7,678
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, known as 7,680
the medical assistance program or medicaid, provided by the Ohio 7,681
department of human JOB AND FAMILY services under Chapter 5111.
of the Revised Code, or to the coverage of beneficiaries under 7,682
any federal health care program regulated by a federal regulatory 7,683
body, or to the coverage of beneficiaries under any contract 7,685
covering officers or employees of the state that has been entered 7,686
into by the department of administrative services. 7,687
Sec. 1751.31. (A) Any changes in a health insuring 7,697
corporation's solicitation document shall be filed with the 7,698
superintendent of insurance. The superintendent, within sixty 7,699
days of filing, may disapprove any solicitation document or 7,700
amendment to it on any of the grounds stated in this section. 7,701
Such disapproval shall be effected by written notice to the 7,702
health insuring corporation. The notice shall state the grounds 7,703
for disapproval and shall be issued in accordance with Chapter 7,704
119. of the Revised Code. 7,705
173
(B) The solicitation document shall contain all 7,708
information necessary to enable a consumer to make an informed 7,709
choice as to whether or not to enroll in the health insuring 7,710
corporation. The information shall include a specific 7,711
description of the health care services to be available and the 7,712
approximate number and type of full-time equivalent medical 7,713
practitioners. The information shall be presented in the 7,714
solicitation document in a manner that is clear, concise, and 7,715
intelligible to prospective applicants in the proposed service 7,716
area.
(C) Every potential applicant whose subscription to a 7,719
health care plan is solicited shall receive, at or before the 7,720
time of solicitation, a solicitation document approved by the 7,721
superintendent.
(D) Notwithstanding division (A) of this section, a health 7,724
insuring corporation may use a solicitation document that the 7,725
corporation uses in connection with policies for beneficiaries of 7,726
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 7,728
U.S.C.A. 301, as amended, pursuant to a medicare risk contract or 7,730
medicare cost contract, or for policies for beneficiaries of the 7,731
federal employees health benefits program pursuant to 5 U.S.C.A. 7,733
8905, or for policies for beneficiaries of Title XIX of the 7,735
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as 7,738
amended, known as the medical assistance program or medicaid, 7,739
provided by the Ohio department of human JOB AND FAMILY services 7,740
under Chapter 5111. of the Revised Code, or for policies for 7,742
beneficiaries of any other federal health care program regulated 7,743
by a federal regulatory body, or for policies for beneficiaries 7,744
of contracts covering officers or employees of the state entered 7,745
into by the department of administrative services, if both of the 7,747
following apply: 7,748
(1) The solicitation document has been approved by the 7,750
United States department of health and human services, the United 7,751
States office of personnel management, the Ohio department of 7,753
174
human JOB AND FAMILY services, or the department of 7,754
administrative services. 7,755
(2) The solicitation document is filed with the 7,757
superintendent of insurance prior to use and is accompanied by 7,758
documentation of approval from the United States department of 7,761
health and human services, the United States office of personnel 7,762
management, the Ohio department of human JOB AND FAMILY services, 7,764
or the department of administrative services.
(E) No health insuring corporation, or its agents or 7,767
representatives, shall use monetary or other valuable 7,768
consideration, engage in misleading or deceptive practices, or 7,769
make untrue, misleading, or deceptive representations to induce 7,770
enrollment. Nothing in this division shall prohibit incentive 7,771
forms of remuneration such as commission sales programs for the 7,772
health insuring corporation's employees and agents. 7,773
(F) Any person obligated for any part of a premium rate in 7,776
connection with an enrollment agreement, in addition to any right 7,777
otherwise available to revoke an offer, may cancel such agreement 7,778
within seventy-two hours after having signed the agreement or 7,779
offer to enroll. Cancellation occurs when written notice of the 7,780
cancellation is given to the health insuring corporation or its 7,781
agents or other representatives. A notice of cancellation mailed 7,782
to the health insuring corporation shall be considered to have 7,783
been filed on its postmark date. 7,784
(G) Nothing in this section shall prohibit healthy 7,786
lifestyle programs. 7,787
Sec. 1925.04. (A) An action is commenced in the small 7,796
claims division when the plaintiff, or the plaintiff's attorney, 7,798
states the amount and nature of the plaintiff's claim to the
court as provided in this section. The commencement constitutes 7,800
a waiver of any right of the plaintiff to trial by jury upon such 7,801
action. At the time of the commencement of an action, the 7,802
plaintiff, or the plaintiff's attorney, shall pay both of the 7,804
following:
175
(1) A filing fee as determined by the court; 7,806
(2) The sum required by division (C) of section 1901.26 or 7,809
division (C) of section 1907.24 of the Revised Code.
(B) The plaintiff, or the plaintiff's attorney, shall 7,811
state to the administrative assistant or other official 7,813
designated by the court, the plaintiff's and the defendant's 7,814
place of residence, the military status of the defendant, and the 7,815
nature and amount of the plaintiff's claim. The claim shall be 7,816
reduced to writing in concise, nontechnical form. Such writing 7,818
shall be signed by the plaintiff, or the plaintiff's attorney, 7,819
under oath.
A memorandum of the time and place set for trial shall be 7,821
given to the person signing the writing. The time set for such 7,822
trial shall be not less than fifteen or more than forty days 7,823
after the commencement of the action. 7,824
If taxes are sought to be recovered in the action, an 7,826
authorized employee of a political subdivision or an authorized 7,827
officer or employee of the state, as defined in section 1925.02 7,829
of the Revised Code, may commence the action. If an action is 7,830
brought on behalf of a county department of human JOB AND FAMILY 7,831
services, a representative of the prosecuting attorney of the 7,832
county, designated under section 1925.18 of the Revised Code, may 7,833
commence the action. 7,834
Sec. 1925.13. (A) The court, in its discretion, may order 7,843
that the judgment, interest, and costs be paid at a certain date 7,844
or by specified weekly installments, and, during compliance with 7,845
the order, the court may stay the issue of execution and other 7,846
proceedings in aid of execution. The court may modify or vacate 7,848
the stay at any time. 7,849
Except as otherwise provided in this section, a judgment 7,851
creditor may commence any proceedings to obtain satisfaction of 7,853
the judgment, including execution and garnishment proceedings, 7,854
that are permitted to obtain satisfaction of a judgment rendered 7,855
in an ordinary civil action. In the case of an action commenced 7,856
176
by a county department of human JOB AND FAMILY services employee 7,858
designated under section 1925.18 of the Revised Code to represent 7,859
the prosecuting attorney of the county in commencement of the 7,860
action, the county department of human JOB AND FAMILY services is 7,861
the judgment creditor. 7,862
If an authorized employee of a political subdivision or an 7,864
authorized officer or employee of the state, as defined in 7,865
section 1925.02 of the Revised Code, prevails in an action to 7,868
recover taxes, the authorized person may use any means provided 7,869
by law to obtain satisfaction of the judgment, including the 7,870
provisions of division (B) of this section.
If a party is not represented by counsel, the court, upon 7,872
payment of court costs, shall explain to the parties and assist 7,873
the parties in the preparation and filing of, and supply the 7,874
parties with any necessary forms for, proceedings in aid of 7,875
execution to collect and enforce judgments. 7,876
(B) If, within thirty days after judgment, the judgment is 7,878
not satisfied and the parties have not otherwise agreed, the 7,879
court, upon the request of the judgment creditor, shall order the 7,880
judgment debtor to file, on a form prepared by the court, a list 7,881
of the judgment debtor's assets, liabilities, and personal 7,882
earnings. The form shall contain a notice that failure to 7,884
complete the form and return it to the court within one week 7,885
after receipt may result in a citation for contempt of court. 7,886
Any party who, with notice of the possible contempt citation, 7,887
willfully fails to comply with the order of the court may be 7,888
cited for contempt of court as provided in Chapter 2705. of the 7,889
Revised Code.
Sec. 1925.18. (A)(1) Subject to division (A)(2) of this 7,898
section, a prosecuting attorney of a county may designate any 7,899
employee of a county department of human JOB AND FAMILY services 7,900
to act as his THE PROSECUTING ATTORNEY'S representative in the 7,903
commencement and prosecution or defense of any action in the 7,904
small claims division of a municipal or county court on behalf of 7,905
177
the department.
(2)(a) If the prosecuting attorney designates as his THE 7,907
PROSECUTING ATTORNEY'S representative an employee of the 7,909
department who is not an attorney, the employee may file and 7,910
present the claim or defense of the department in the action if 7,911
the employee does not, in the absence of the representation of 7,912
the department by an attorney, engage in cross-examination, 7,913
argument, or other acts of advocacy.
(b) If the prosecuting attorney designates as his THE 7,915
PROSECUTING ATTORNEY'S representative an employee of the 7,917
department who is an attorney, the employee may file and 7,918
prosecute or defend fully the claim or defense of the department 7,919
in the action.
(B) Division (A) of this section does not preclude the 7,921
appearance of the prosecuting attorney on behalf of a county 7,922
department of human JOB AND FAMILY services as provided in 7,923
section 309.09 of the Revised Code. 7,925
Sec. 2101.11. (A)(1) The probate judge shall have the 7,934
care and custody of the files, papers, books, and records 7,935
belonging to the probate court. The probate judge is authorized 7,937
to perform the duties of clerk of the judge's court. The probate 7,939
judge may appoint deputy clerks, stenographers, a bailiff, and 7,940
any other necessary employees, each of whom shall take an oath of 7,941
office before entering upon the duties of the employee's 7,942
appointment and, when so qualified, may perform the duties 7,944
appertaining to the office of clerk of the court.
(2)(a) The probate judge shall provide for one or more 7,946
probate court investigators to perform the duties that are 7,947
established for a probate court investigator by the Revised Code 7,948
or the probate judge. The probate judge may provide for an 7,949
investigator in any of the following manners, as the court 7,950
determines is appropriate: 7,951
(i) By appointing a person as a full-time or part-time 7,953
employee of the probate court to serve as investigator, or by 7,954
178
designating a current full-time or part-time employee of the 7,955
probate court to serve as investigator; 7,956
(ii) By contracting with a person to serve and be 7,958
compensated as investigator only when needed by the probate 7,959
court, as determined by the court, and by designating that person 7,960
as a probate court investigator during the times when the person 7,961
is performing the duties of an investigator for the court; 7,962
(iii) By entering into an agreement with another 7,964
department or agency of the county, including, but not limited 7,965
to, the sheriff's department or the county department of human 7,966
JOB AND FAMILY services, pursuant to which an employee of the 7,967
other department or agency will serve and perform the duties of 7,968
investigator for the court, upon request of the probate judge, 7,969
and designating that employee as a probate court investigator 7,970
during the times when the person is performing the duties of an 7,971
investigator for the court. 7,972
(b) Each person appointed or otherwise designated as a 7,974
probate court investigator shall take an oath of office before 7,975
entering upon the duties of the person's appointment. When so 7,977
qualified, an investigator may perform the duties that are 7,978
established for a probate court investigator by the Revised Code 7,979
or the probate judge. 7,980
(c) Except as otherwise provided in this division, a 7,982
probate court investigator shall hold at least a bachelor's 7,983
degree in social work, psychology, education, special education, 7,984
or a related human services field. A probate judge may waive the 7,985
education requirement of this division for a person the judge 7,986
appoints or otherwise designates as a probate court investigator 7,987
if the judge determines that the person has experience in human 7,988
FAMILY services work that is equivalent to the required 7,989
education.
(d) Within one year after appointment or designation, a 7,992
probate court investigator shall attend an orientation course of 7,993
at least six hours, and each calendar year after the calendar
179
year of appointment or designation, a probate court investigator 7,995
shall satisfactorily complete at least six hours of continuing 7,996
education.
(e) For purposes of divisions (A)(4), (B), and (C) of this 7,998
section, a person designated as a probate court investigator 7,999
under division (A)(2)(a)(ii) or (iii) of this section shall be 8,000
considered an appointee of the probate court at any time that the 8,001
person is performing the duties established under the Revised 8,002
Code or by the probate judge for a probate court investigator. 8,003
(3)(a) The probate judge may provide for one or more 8,005
persons to perform the duties of an assessor under sections 8,006
3107.031, 3107.082, 3107.09, and 3107.12 of the Revised Code or 8,009
may enter into agreements with public children services agencies, 8,010
private child placing agencies, or private noncustodial agencies 8,011
under which the agency provides for one or more persons to 8,012
perform the duties of an assessor. A probate judge who provides 8,013
for an assessor shall do so in either of the following manners, 8,015
as the judge considers appropriate:
(i) By appointing a person as a full-time or part-time 8,018
employee of the probate court to serve as assessor, or by 8,019
designating a current full-time or part-time employee of the
probate court to serve as assessor; 8,020
(ii) By contracting with a person to serve and be 8,022
compensated as assessor only when needed by the probate court, as 8,024
determined by the court, and by designating that person as an
assessor during the times when the person is performing the 8,025
duties of an assessor for the court. 8,026
(b) Each person appointed or designated as a probate court 8,029
assessor shall take an oath of office before entering on the 8,030
duties of the person's appointment.
(c) A probate court assessor must meet the qualifications 8,033
for an assessor established by section 3107.012 of the Revised 8,034
Code. 8,035
(d) A probate court assessor shall perform additional 8,038
180
duties, including duties of an investigator under division (A)(2) 8,039
of this section, when the probate judge assigns additional duties 8,040
to the assessor. 8,041
(e) For purposes of divisions (A)(4), (B), and (C) of this 8,046
section, a person designated as a probate court assessor shall be 8,047
considered an appointee of the probate court at any time that the 8,048
person is performing assessor duties. 8,049
(4) Each appointee of the probate judge may administer 8,051
oaths in all cases when necessary, in the discharge of official 8,053
duties.
(B)(1)(a) Subject to the appropriation made by the board 8,055
of county commissioners pursuant to this division, each appointee 8,056
of a probate judge under division (A) of this section shall 8,057
receive such compensation and expenses as the judge determines 8,058
and shall serve during the pleasure of the judge. The 8,059
compensation of each appointee shall be paid in semimonthly 8,060
installments by the county treasurer from the county treasury, 8,061
upon the warrants of the county auditor, certified to by the 8,062
judge. 8,063
(b) Except as otherwise provided in the Revised Code, the 8,065
total compensation paid to all appointees of the probate judge in 8,066
any calendar year shall not exceed the total fees earned by the 8,067
probate court during the preceding calendar year, unless the 8,068
board of county commissioners approves otherwise. 8,069
(2) The probate judge annually shall submit a written 8,071
request for an appropriation to the board of county commissioners 8,072
that shall set forth estimated administrative expenses of the 8,073
court, including the salaries of appointees as determined by the 8,074
judge and any other costs, fees, and expenses, including, but not 8,075
limited to, those enumerated in section 5123.96 of the Revised 8,076
Code, that the judge considers reasonably necessary for the 8,077
operation of the court. The board shall conduct a public hearing 8,078
with respect to the written request submitted by the judge and 8,079
shall appropriate such sum of money each year as it determines, 8,080
181
after conducting the public hearing and considering the written 8,081
request of the judge, is reasonably necessary to meet all the 8,082
administrative expenses of the court, including the salaries of 8,083
appointees as determined by the judge and any other costs, fees, 8,084
and expenses, including, but not limited to, the costs, fees, and 8,085
expenses enumerated in section 5123.96 of the Revised Code. 8,086
If the judge considers the appropriation made by the board 8,088
pursuant to this division insufficient to meet all the 8,089
administrative expenses of the court, the judge shall commence an 8,091
action under Chapter 2731. of the Revised Code in the court of 8,092
appeals for the judicial district for a determination of the duty 8,093
of the board of county commissioners to appropriate the amount of 8,094
money in dispute. The court of appeals shall give priority to 8,095
the action filed by the probate judge over all cases pending on 8,096
its docket. The burden shall be on the probate judge to prove 8,097
that the appropriation requested is reasonably necessary to meet 8,098
all administrative expenses of the court. If, prior to the 8,099
filing of an action under Chapter 2731. of the Revised Code or 8,100
during the pendency of the action, the judge exercises the 8,101
judge's contempt power in order to obtain the sum of money in 8,103
dispute, the judge shall not order the imprisonment of any member 8,105
of the board of county commissioners notwithstanding sections 8,106
2705.02 to 2705.06 of the Revised Code. 8,107
(C) The probate judge may require any of the judge's 8,109
appointees to give bond in the sum of not less than one thousand 8,111
dollars, conditioned for the honest and faithful performance of 8,112
the appointee's duties. The sureties on the bonds shall be 8,114
approved in the manner provided in section 2101.03 of the Revised 8,115
Code.
The judge is personally liable for the default, 8,117
malfeasance, or nonfeasance of any such appointee, but, if a bond 8,118
is required of the appointee, the liability of the judge is 8,119
limited to the amount by which the loss resulting from the 8,120
default, malfeasance, or nonfeasance exceeds the amount of the 8,121
182
bond. 8,122
All bonds required to be given in the probate court, on 8,124
being accepted and approved by the probate judge, shall be filed 8,125
in the judge's office. 8,126
Sec. 2101.16. (A) The fees enumerated in this division 8,135
shall be charged and collected, if possible, by the probate judge 8,136
and shall be in full for all services rendered in the respective 8,137
proceedings: 8,138
(1) Account, in addition to advertising charges..........$12.00 8,142
Waivers and proof of notice of hearing on account, 8,144
per page, minimum one dollar......................$ 1.00 8,146
(2) Account of distribution, in addition to advertising 8,148
charges...........................................$ 7.00 8,149
(3) Adoption of child, petition for......................$50.00 8,151
(4) Alter or cancel contract for sale or purchase of real 8,153
estate, petition to...............................$20.00 8,155
(5) Application and order not otherwise provided for in 8,157
this section or by rule adopted pursuant to 8,158
division (E) of this section......................$ 5.00 8,160
(6) Appropriation suit, per day, hearing in..............$20.00 8,163
(7) Birth, application for registration of...............$ 7.00 8,166
(8) Birth record, application to correct.................$ 5.00 8,169
(9) Bond, application for new or additional..............$ 5.00 8,172
(10) Bond, application for release of surety or reduction 8,174
of................................................$ 5.00 8,175
(11) Bond, receipt for securities deposited in lieu of....$ 5.00 8,178
(12) Certified copy of journal entry, record, or 8,180
proceeding, per page, minimum fee one dollar......$ 1.00 8,182
(13) Citation and issuing citation, application for.......$ 5.00 8,185
(14) Change of name, petition for.........................$20.00 8,188
(15) Claim, application of administrator or executor for 8,190
allowance of administrator's or executor's own....$10.00 8,191
(16) Claim, application to compromise or settle...........$10.00 8,193
(17) Claim, authority to present..........................$10.00 8,196
183
(18) Commissioner, appointment of.........................$ 5.00 8,199
(19) Compensation for extraordinary services and 8,201
attorney's fees for fiduciary, application for....$ 5.00 8,203
(20) Competency, application to procure adjudication of...$20.00 8,206
(21) Complete contract, application to....................$10.00 8,209
(22) Concealment of assets, citation for..................$10.00 8,212
(23) Construction of will, petition for...................$20.00 8,215
(24) Continue decedent's business, application to.........$10.00 8,218
Monthly reports of operation.........................$ 5.00 8,222
(25) Declaratory judgment, petition for...................$20.00 8,225
(26) Deposit of will......................................$ 5.00 8,228
(27) Designation of heir..................................$20.00 8,231
(28) Distribution in kind, application, assent, and order 8,233
for...............................................$ 5.00 8,234
(29) Distribution under section 2109.36 of the Revised 8,236
Code, application for an order of.................$ 7.00 8,238
(30) Docketing and indexing proceedings, including the 8,240
filing and noting of all necessary documents, 8,241
maximum fee, fifteen dollars......................$15.00 8,242
(31) Exceptions to any proceeding named in this section, 8,244
contest of appointment or.........................$10.00 8,246
(32) Election of surviving partner to purchase assets of 8,248
partnership, proceedings relating to..............$10.00 8,250
(33) Election of surviving spouse under will..............$ 5.00 8,253
(34) Fiduciary, including an assignee or trustee of an 8,255
insolvent debtor or any guardian or conservator 8,256
accountable to the probate court, appointment of..$35.00 8,258
(35) Foreign will, application to record..................$10.00 8,261
Record of foreign will, additional, per page.........$ 1.00 8,264
(36) Forms when supplied by the probate court, not to 8,266
exceed............................................$10.00 8,268
(37) Heirship, petition to determine......................$20.00 8,271
(38) Injunction proceedings...............................$20.00 8,274
(39) Improve real estate, petition to.....................$20.00 8,277
184
(40) Inventory with appraisement..........................$10.00 8,280
(41) Inventory without appraisement.......................$ 7.00 8,283
(42) Investment or expenditure of funds, application for..$10.00 8,286
(43) Invest in real estate, application to................$10.00 8,289
(44) Lease for oil, gas, coal, or other mineral, petition 8,291
to................................................$20.00 8,292
(45) Lease or lease and improve real estate, petition to..$20.00 8,295
(46) Marriage license.....................................$10.00 8,298
Certified abstract of each marriage..................$ 2.00 8,301
(47) Minor or mentally ill person, etc., disposal of 8,303
estate under ten thousand dollars of..............$10.00 8,305
(48) Mortgage or mortgage and repair or improve real 8,307
estate, petition to...............................$20.00 8,309
(49) Newly discovered assets, report of...................$ 7.00 8,312
(50) Nonresident executor or administrator to bar 8,314
creditors' claims, proceedings by.................$20.00 8,316
(51) Power of attorney or revocation of power, bonding 8,318
company...........................................$10.00 8,319
(52) Presumption of death, petition to establish..........$20.00 8,322
(53) Probating will.......................................$15.00 8,325
Proof of notice to beneficiaries.....................$ 5.00 8,328
(54) Purchase personal property, application of surviving 8,330
spouse to.........................................$10.00 8,332
(55) Purchase real estate at appraised value, petition of 8,334
surviving spouse to...............................$20.00 8,336
(56) Receipts in addition to advertising charges, 8,338
application and order to record...................$ 5.00 8,340
Record of those receipts, additional, per page.......$ 1.00 8,343
(57) Record in excess of fifteen hundred words in any 8,345
proceeding in the probate court, per page.........$ 1.00 8,347
(58) Release of estate by mortgagee or other lienholder...$ 5.00 8,350
(59) Relieving estate from administration.................$60.00 8,353
(60) Removal of fiduciary, application for................$10.00 8,356
(61) Requalification of executor or administrator.........$10.00 8,359
185
(62) Resignation of fiduciary.............................$ 5.00 8,362
(63) Sale bill, public sale of personal property..........$10.00 8,365
(64) Sale of personal property and report, application 8,367
for...............................................$10.00 8,368
(65) Sale of real estate, petition for....................$25.00 8,371
(66) Terminate guardianship, petition to..................$10.00 8,374
(67) Transfer of real estate, application, entry, and 8,376
certificate for...................................$ 7.00 8,378
(68) Unclaimed money, application to invest...............$ 7.00 8,381
(69) Vacate approval of account or order of distribution, 8,382
motion to.........................................$10.00 8,383
(70) Writ of execution....................................$ 5.00 8,386
(71) Writ of possession...................................$ 5.00 8,389
(72) Wrongful death, application and settlement of claim 8,391
for...............................................$20.00 8,392
(73) Year's allowance, petition to review.................$ 7.00 8,394
(74) Guardian's report, filing and review of..............$ 5.00 8,397
(B)(1) In relation to an application for the appointment 8,400
of a guardian or the review of a report of a guardian under 8,401
section 2111.49 of the Revised Code, the probate court, pursuant 8,402
to court order or in accordance with a court rule, may direct 8,403
that the applicant or the estate pay any or all of the expenses 8,404
of an investigation conducted pursuant to section 2111.041 or 8,405
division (A)(2) of section 2111.49 of the Revised Code. If the 8,406
investigation is conducted by a public employee or investigator 8,407
who is paid by the county, the fees for the investigation shall 8,408
be paid into the county treasury. If the court finds that an 8,409
alleged incompetent or a ward is indigent, the court may waive 8,410
the costs, fees, and expenses of an investigation. 8,411
(2) In relation to the appointment or functioning of a 8,413
guardian for a minor or the guardianship of a minor, the probate 8,414
court may direct that the applicant or the estate pay any or all 8,416
of the expenses of an investigation conducted pursuant to section 8,417
2111.042 of the Revised Code. If the investigation is conducted 8,418
186
by a public employee or investigator who is paid by the county,
the fees for the investigation shall be paid into the county 8,419
treasury. If the court finds that the guardian or applicant is 8,420
indigent, the court may waive the costs, fees, and expenses of an 8,422
investigation.
(C) Thirty dollars of the thirty-five-dollar fee collected 8,424
pursuant to division (A)(34) of this section and twenty dollars 8,425
of the sixty-dollar fee collected pursuant to division (A)(59) of 8,427
this section shall be deposited by the county treasurer in the 8,428
indigent guardianship fund created pursuant to section 2111.51 of 8,429
the Revised Code.
(D) The fees of witnesses, jurors, sheriffs, coroners, and 8,431
constables for services rendered in the probate court or by order 8,432
of the probate judge shall be the same as provided for like 8,433
services in the court of common pleas. 8,434
(E) The probate court, by rule, may require an advance 8,436
deposit for costs, not to exceed one hundred twenty-five dollars, 8,437
at the time application is made for an appointment as executor or 8,438
administrator or at the time a will is presented for probate. 8,439
(F) The probate court, by rule, shall establish a 8,441
reasonable fee, not to exceed fifty dollars, for the filing of a 8,442
petition for the release of information regarding an adopted 8,443
person's name by birth and the identity of the adopted person's 8,445
biological parents and biological siblings pursuant to section
3107.41 of the Revised Code, all proceedings relative to the 8,447
petition, the entry of an order relative to the petition, and all 8,448
services required to be performed in connection with the 8,449
petition. The probate court may use a reasonable portion of a 8,450
fee charged under authority of this division to reimburse any 8,451
agency, as defined in section 3107.39 of the Revised Code, for 8,452
any services it renders in performing a task described in section 8,453
3107.41 of the Revised Code relative to or in connection with the 8,454
petition for which the fee was charged. 8,455
(G) Thirty dollars of the fifty-dollar fee collected 8,457
187
pursuant to division (A)(3) of this section shall be deposited 8,458
into the "putative father registry fund," which is hereby created 8,459
in the state treasury. The department of human JOB AND FAMILY 8,460
services shall use the money in the fund to fund the department's 8,461
costs of performing its duties related to the putative father 8,462
registry established under section 3107.062 of the Revised Code. 8,463
Sec. 2113.06. Administration of the estate of an intestate 8,472
shall be granted to persons mentioned in this section, in the 8,473
following order: 8,474
(A) To the surviving spouse of the deceased, if resident 8,476
of the state; 8,477
(B) To one of the next of kin of the deceased, resident of 8,479
the state. 8,480
If the persons entitled to administer the estate fail to 8,482
take or renounce administration voluntarily, they shall be cited 8,483
by the probate court for that purpose. 8,484
If there are no persons entitled to administration, or if 8,486
they are for any reason unsuitable for the discharge of the 8,487
trust, or if without sufficient cause they neglect to apply 8,488
within a reasonable time for the administration of the estate, 8,489
their right to priority shall be lost, and the court shall commit 8,490
the administration to some suitable person who is a resident of 8,491
the state, or to the attorney general or the attorney general's 8,492
designee, if the department of human JOB AND FAMILY services is 8,493
seeking to recover medical assistance from the deceased pursuant 8,495
to section 5111.11 or 5111.111 of the Revised Code. Such person 8,496
may be a creditor of the estate.
This section applies to the appointment of an administrator 8,498
de bonis non. 8,499
Sec. 2151.152. The juvenile judge may enter into an 8,508
agreement with the department of human JOB AND FAMILY services 8,510
pursuant to section 5101.11 of the Revised Code for the purpose 8,511
of reimbursing the court for foster care maintenance costs and
associated administrative and training costs incurred on behalf 8,512
188
of a child in the temporary or permanent custody of the court and 8,513
eligible for payments under Title IV-E of the "Social Security 8,514
Act," 94 Stat. 501, 42 U.S.C.A. 670 (1980). The agreement shall 8,515
govern the responsibilities and duties the court shall perform in 8,516
providing services to the child.
Sec. 2151.232. If an acknowledgment has been filed and 8,525
entered into the birth registry pursuant to section 5101.314 of 8,526
the Revised Code but has not yet become final, either parent who 8,528
signed the acknowledgment may bring an action in the juvenile 8,529
court under this section requesting that the court issue an order 8,530
requiring a parent of the child to pay an amount for the support 8,531
of the child in accordance with sections 3113.21 to 3113.219 of
the Revised Code.
The parties to an action under this section may raise the 8,533
issue of the existence or nonexistence of a parent-child 8,534
relationship. If an action is commenced pursuant to this section 8,535
and the issue of the existence or nonexistence of a parent-child 8,536
relationship is raised, the court shall treat the action as an 8,537
action commenced pursuant to sections 3111.01 to 3111.19 of the 8,538
Revised Code. If the issue is raised, the court shall promptly 8,540
notify the division of child support in the department of human 8,541
JOB AND FAMILY services that it is conducting proceedings in 8,543
compliance with sections 3111.01 to 3111.19 of the Revised Code. 8,544
On receipt of the notice by the division, the acknowledgment of
paternity signed by the parties and filed pursuant to section 8,546
5101.314 of the Revised Code shall be considered rescinded. 8,547
If the parties do not raise the issue of the existence or 8,549
nonexistence of a parent-child relationship in the action and an 8,550
order is issued pursuant to this section prior to the date the 8,551
acknowledgment filed and entered on the birth registry under 8,552
section 5101.314 of the Revised Code becomes final, the 8,554
acknowledgment shall be considered final as of the date of the 8,555
issuance of the order. An order issued pursuant to this section
shall not affect an acknowledgment that becomes final pursuant to 8,556
189
section 5101.314 of the Revised Code prior to the issuance of the 8,559
order.
Sec. 2151.281. (A) The court shall appoint a guardian ad 8,568
litem to protect the interest of a child in any proceeding 8,569
concerning an alleged or adjudicated delinquent child or unruly 8,570
child when either of the following applies: 8,571
(1) The child has no parent, guardian, or legal custodian. 8,573
(2) The court finds that there is a conflict of interest 8,575
between the child and the child's parent, guardian, or legal 8,576
custodian. 8,577
(B)(1) The court shall appoint a guardian ad litem to 8,579
protect the interest of a child in any proceeding concerning an 8,580
alleged abused or neglected child and in any proceeding held 8,581
pursuant to section 2151.414 of the Revised Code. The guardian 8,582
ad litem so appointed shall not be the attorney responsible for 8,583
presenting the evidence alleging that the child is an abused or 8,584
neglected child and shall not be an employee of any party in the 8,585
proceeding. 8,586
(2) The guardian ad litem appointed for an alleged or 8,588
adjudicated abused or neglected child may bring a civil action 8,590
against any person, who is required by division (A)(1) of section 8,591
2151.421 of the Revised Code to file a report of known or
suspected child abuse or child neglect, if that person knows or 8,592
suspects that the child for whom the guardian ad litem is 8,593
appointed is the subject of child abuse or child neglect and does 8,594
not file the required report and if the child suffers any injury 8,595
or harm as a result of the known or suspected child abuse or 8,596
child neglect or suffers additional injury or harm after the 8,598
failure to file the report.
(C) In any proceeding concerning an alleged or adjudicated 8,600
delinquent, unruly, abused, neglected, or dependent child in 8,601
which the parent appears to be mentally incompetent or is under 8,602
eighteen years of age, the court shall appoint a guardian ad 8,603
litem to protect the interest of that parent. 8,604
190
(D) The court shall require the guardian ad litem to 8,606
faithfully discharge the guardian ad litem's duties and, upon the 8,608
guardian ad litem's failure to faithfully discharge the guardian 8,609
ad litem's duties, shall discharge the guardian ad litem and 8,610
appoint another guardian ad litem. The court may fix the 8,611
compensation for the service of the guardian ad litem, which
compensation shall be paid from the treasury of the county. 8,612
(E) A parent who is eighteen years of age or older and not 8,614
mentally incompetent shall be deemed sui juris for the purpose of 8,615
any proceeding relative to a child of the parent who is alleged 8,617
or adjudicated to be an abused, neglected, or dependent child. 8,618
(F) In any case in which a parent of a child alleged or 8,620
adjudicated to be an abused, neglected, or dependent child is 8,621
under eighteen years of age, the parents of that parent shall be 8,622
summoned to appear at any hearing respecting the child, who is 8,623
alleged or adjudicated to be an abused, neglected, or dependent 8,624
child. 8,625
(G) In any case involving an alleged or adjudicated abused 8,627
or neglected child or an agreement for the voluntary surrender of 8,628
temporary or permanent custody of a child that is made in 8,629
accordance with section 5103.15 of the Revised Code, the court 8,630
shall appoint the guardian ad litem in each case as soon as 8,631
possible after the complaint is filed, the request for an 8,632
extension of the temporary custody agreement is filed with the 8,633
court, or the request for court approval of the permanent custody 8,634
agreement is filed. In any case involving an alleged dependent 8,635
child in which the parent of the child appears to be mentally 8,636
incompetent or is under eighteen years of age, there is a 8,637
conflict of interest between the child and the child's parents, 8,638
guardian, or custodian, or the court believes that the parent of 8,639
the child is not capable of representing the best interest of the 8,640
child, the court shall appoint a guardian ad litem for the child. 8,641
The guardian ad litem or the guardian ad litem's replacement 8,642
shall continue to serve until any of the following occur: 8,643
191
(1) The complaint is dismissed or the request for an 8,645
extension of a temporary custody agreement or for court approval 8,646
of the permanent custody agreement is withdrawn or denied; 8,647
(2) All dispositional orders relative to the child have 8,649
terminated; 8,650
(3) The legal custody of the child is granted to a 8,652
relative of the child, or to another person; 8,653
(4) The child is placed in an adoptive home or, at the 8,655
court's discretion, a final decree of adoption is issued with 8,656
respect to the child; 8,657
(5) The child reaches the age of eighteen if the child is 8,659
not mentally retarded, developmentally disabled, or physically 8,661
impaired or the child reaches the age of twenty-one if the child 8,662
is mentally retarded, developmentally disabled, or physically 8,663
impaired; 8,664
(6) The guardian ad litem resigns or is removed by the 8,666
court and a replacement is appointed by the court. 8,667
If a guardian ad litem ceases to serve a child pursuant to 8,669
division (G)(4) of this section and the petition for adoption 8,670
with respect to the child is denied or withdrawn prior to the 8,671
issuance of a final decree of adoption or prior to the date an 8,672
interlocutory order of adoption becomes final, the juvenile court 8,673
shall reappoint a guardian ad litem for that child. The public 8,674
children services agency or private child placing agency with
permanent custody of the child shall notify the juvenile court if 8,675
the petition for adoption is denied or withdrawn. 8,676
(H) If the guardian ad litem for an alleged or adjudicated 8,678
abused, neglected, or dependent child is an attorney admitted to 8,679
the practice of law in this state, the guardian ad litem also may 8,681
serve as counsel to the ward. If a person is serving as guardian 8,682
ad litem and counsel for a child and either that person or the 8,683
court finds that a conflict may exist between the person's roles 8,684
as guardian ad litem and as counsel, the court shall relieve the 8,685
person of duties as guardian ad litem and appoint someone else as 8,686
192
guardian ad litem for the child. If the court appoints a person 8,687
who is not an attorney admitted to the practice of law in this 8,688
state to be a guardian ad litem, the court also may appoint an 8,689
attorney admitted to the practice of law in this state to serve 8,690
as counsel for the guardian ad litem. 8,691
(I) The guardian ad litem for an alleged or adjudicated 8,693
abused, neglected, or dependent child shall perform whatever 8,694
functions are necessary to protect the best interest of the 8,695
child, including, but not limited to, investigation, mediation, 8,696
monitoring court proceedings, and monitoring the services 8,698
provided the child by the public children services agency or 8,699
private child placing agency that has temporary or permanent 8,700
custody of the child, and shall file any motions and other court 8,701
papers that are in the best interest of the child.
The guardian ad litem shall be given notice of all 8,703
hearings, administrative reviews, and other proceedings in the 8,704
same manner as notice is given to parties to the action. 8,705
(J)(1) When the court appoints a guardian ad litem 8,707
pursuant to this section, it shall appoint a qualified volunteer 8,708
whenever one is available and the appointment is appropriate. 8,709
(2) Upon request, the department of human JOB AND FAMILY 8,711
services shall provide for the training of volunteer guardians ad 8,712
litem.
Sec. 2151.353. (A) If a child is adjudicated an abused, 8,721
neglected, or dependent child, the court may make any of the 8,722
following orders of disposition: 8,723
(1) Place the child in protective supervision; 8,725
(2) Commit the child to the temporary custody of a public 8,727
children services agency, a private child placing agency, either 8,728
parent, a relative residing within or outside the state, or a 8,729
probation officer for placement in a certified family foster home 8,731
or in any other home approved by the court;
(3) Award legal custody of the child to either parent or 8,733
to any other person who, prior to the dispositional hearing, 8,734
193
files a motion requesting legal custody of the child; 8,735
(4) Commit the child to the permanent custody of a public 8,737
children services agency or private child placing agency, if the 8,738
court determines in accordance with division (E) of section 8,739
2151.414 of the Revised Code that the child cannot be placed with 8,740
one of the child's parents within a reasonable time or should not 8,741
be placed with either parent and determines in accordance with 8,742
division (D) of section 2151.414 of the Revised Code that the 8,743
permanent commitment is in the best interest of the child. If 8,744
the court grants permanent custody under this division, the 8,745
court, upon the request of any party, shall file a written 8,746
opinion setting forth its findings of fact and conclusions of law 8,747
in relation to the proceeding. 8,748
(5) Place the child in a planned permanent living 8,751
arrangement with a public children services agency or private 8,752
child placing agency, if a public children services agency or 8,753
private child placing agency requests the court to place the 8,754
child in a planned permanent living arrangement and if the court 8,755
finds, by clear and convincing evidence, that a planned permanent 8,757
living arrangement is in the best interest of the child and that 8,759
one of the following exists:
(a) The child, because of physical, mental, or 8,761
psychological problems or needs, is unable to function in a 8,762
family-like setting and must remain in residential or 8,763
institutional care. 8,764
(b) The parents of the child have significant physical, 8,766
mental, or psychological problems and are unable to care for the 8,767
child because of those problems, adoption is not in the best 8,768
interest of the child, as determined in accordance with division 8,769
(D) of section 2151.414 of the Revised Code, and the child 8,770
retains a significant and positive relationship with a parent or 8,771
relative. 8,772
(c) The child is sixteen years of age or older, has been 8,774
counseled on the permanent placement options available to the 8,775
194
child, is unwilling to accept or unable to adapt to a permanent 8,776
placement, and is in an agency program preparing the child for 8,777
independent living.
(6) Order the removal from the child's home until further 8,780
order of the court of the person who committed abuse as described 8,781
in section 2151.031 of the Revised Code against the child, who 8,782
caused or allowed the child to suffer neglect as described in 8,783
section 2151.03 of the Revised Code, or who is the parent, 8,784
guardian, or custodian of a child who is adjudicated a dependent 8,785
child and order any person not to have contact with the child or 8,786
the child's siblings. 8,787
(B) No order for permanent custody or temporary custody of 8,789
a child or the placement of a child in a planned permanent living 8,791
arrangement shall be made pursuant to this section unless the 8,792
complaint alleging the abuse, neglect, or dependency contains a 8,793
prayer requesting permanent custody, temporary custody, or the 8,794
placement of the child in a planned permanent living arrangement 8,796
as desired, the summons served on the parents of the child 8,797
contains as is appropriate a full explanation that the granting 8,798
of an order for permanent custody permanently divests them of 8,799
their parental rights, a full explanation that an adjudication 8,800
that the child is an abused, neglected, or dependent child may 8,801
result in an order of temporary custody that will cause the 8,802
removal of the child from their legal custody until the court 8,803
terminates the order of temporary custody or permanently divests 8,804
the parents of their parental rights, or a full explanation that 8,805
the granting of an order for a planned permanent living
arrangement will result in the removal of the child from their 8,807
legal custody if any of the conditions listed in divisions 8,808
(A)(5)(a) to (c) of this section are found to exist, and the 8,809
summons served on the parents contains a full explanation of 8,810
their right to be represented by counsel and to have counsel 8,811
appointed pursuant to Chapter 120. of the Revised Code if they 8,812
are indigent. 8,813
195
If after making disposition as authorized by division 8,815
(A)(2) of this section, a motion is filed that requests permanent 8,816
custody of the child, the court may grant permanent custody of 8,817
the child to the movant in accordance with section 2151.414 of 8,818
the Revised Code. 8,819
(C) If the court issues an order for protective 8,821
supervision pursuant to division (A)(1) of this section, the 8,822
court may place any reasonable restrictions upon the child, the 8,823
child's parents, guardian, or custodian, or any other person, 8,824
including, but not limited to, any of the following: 8,825
(1) Order a party, within forty-eight hours after the 8,827
issuance of the order, to vacate the child's home indefinitely or 8,828
for a specified period of time; 8,829
(2) Order a party, a parent of the child, or a physical 8,831
custodian of the child to prevent any particular person from 8,832
having contact with the child; 8,833
(3) Issue an order restraining or otherwise controlling 8,835
the conduct of any person which conduct would not be in the best 8,836
interest of the child. 8,837
(D) As part of its dispositional order, the court shall 8,839
journalize a case plan for the child. The journalized case plan 8,840
shall not be changed except as provided in section 2151.412 of 8,841
the Revised Code. 8,842
(E)(1) The court shall retain jurisdiction over any child 8,844
for whom the court issues an order of disposition pursuant to 8,845
division (A) of this section or pursuant to section 2151.414 or 8,846
2151.415 of the Revised Code until the child attains the age of 8,847
eighteen if the child is not mentally retarded, developmentally 8,849
disabled, or physically impaired, the child attains the age of 8,850
twenty-one if the child is mentally retarded, developmentally 8,851
disabled, or physically impaired, or the child is adopted and a 8,852
final decree of adoption is issued, except that the court may 8,853
retain jurisdiction over the child and continue any order of 8,854
disposition under division (A) of this section or under section 8,855
196
2151.414 or 2151.415 of the Revised Code for a specified period 8,856
of time to enable the child to graduate from high school or 8,857
vocational school. The court shall make an entry continuing its 8,858
jurisdiction under this division in the journal. 8,859
(2) Any public children services agency, any private child 8,861
placing agency, the department of human JOB AND FAMILY services, 8,863
or any party, other than any parent whose parental rights with 8,864
respect to the child have been terminated pursuant to an order 8,865
issued under division (A)(4) of this section, by filing a motion 8,866
with the court, may at any time request the court to modify or 8,867
terminate any order of disposition issued pursuant to division 8,868
(A) of this section or section 2151.414 or 2151.415 of the 8,869
Revised Code. The court shall hold a hearing upon the motion as 8,870
if the hearing were the original dispositional hearing and shall 8,871
give all parties to the action and the guardian ad litem notice 8,872
of the hearing pursuant to the Juvenile Rules. If applicable, 8,873
the court shall comply with section 2151.42 of the Revised Code. 8,874
(F) Any temporary custody order issued pursuant to 8,876
division (A) of this section shall terminate one year after the 8,877
earlier of the date on which the complaint in the case was filed 8,878
or the child was first placed into shelter care, except that, 8,879
upon the filing of a motion pursuant to section 2151.415 of the 8,880
Revised Code, the temporary custody order shall continue and not 8,881
terminate until the court issues a dispositional order under that 8,882
section. 8,883
(G)(1) No later than one year after the earlier of the 8,885
date the complaint in the case was filed or the child was first 8,886
placed in shelter care, a party may ask the court to extend an 8,887
order for protective supervision for six months or to terminate 8,888
the order. A party requesting extension or termination of the 8,889
order shall file a written request for the extension or
termination with the court and give notice of the proposed 8,890
extension or termination in writing before the end of the day 8,891
after the day of filing it to all parties and the child's 8,892
197
guardian ad litem. If a public children services agency or 8,893
private child placing agency requests termination of the order,
the agency shall file a written status report setting out the 8,894
facts supporting termination of the order at the time it files 8,895
the request with the court. If no party requests extension or 8,896
termination of the order, the court shall notify the parties that 8,897
the court will extend the order for six months or terminate it 8,898
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 8,899
have seven days from the date a notice is sent pursuant to this 8,900
division to object to and request a hearing on the proposed 8,901
extension or termination.
(a) If it receives a timely request for a hearing, the 8,903
court shall schedule a hearing to be held no later than thirty 8,904
days after the request is received by the court. The court shall 8,905
give notice of the date, time, and location of the hearing to all 8,906
parties and the guardian ad litem. At the hearing, the court 8,907
shall determine whether extension or termination of the order is 8,908
in the child's best interest. If termination is in the child's
best interest, the court shall terminate the order. If extension 8,909
is in the child's best interest, the court shall extend the order 8,910
for six months.
(b) If it does not receive a timely request for a hearing, 8,912
the court may extend the order for six months or terminate it 8,913
without a hearing and shall journalize the order of extension or 8,914
termination not later than fourteen days after receiving the 8,915
request for extension or termination or after the date the court 8,916
notifies the parties that it will extend or terminate the order. 8,917
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 8,918
expiration of the applicable fourteen-day time period and give 8,919
notice of the date, time, and location of the hearing to all 8,920
parties and the child's guardian ad litem. At the hearing, the 8,921
court shall determine whether extension or termination of the 8,922
198
order is in the child's best interest. If termination is in the
child's best interest, the court shall terminate the order. If 8,923
extension is in the child's best interest, the court shall issue 8,924
an order extending the order for protective supervision six 8,925
months.
(2) If the court grants an extension of the order for 8,927
protective supervision pursuant to division (G)(1) of this 8,928
section, a party may, prior to termination of the extension, file 8,929
with the court a request for an additional extension of six 8,930
months or for termination of the order. The court and the 8,931
parties shall comply with division (G)(1) of this section with 8,932
respect to extending or terminating the order.
(3) If a court grants an extension pursuant to division 8,934
(G)(2) of this section, the court shall terminate the order for 8,935
protective supervision at the end of the extension. 8,936
(H) The court shall not issue a dispositional order 8,938
pursuant to division (A) of this section that removes a child 8,939
from the child's home unless the court complies with section 8,940
2151.419 of the Revised Code and includes in the dispositional 8,943
order the findings of fact required by that section. 8,944
(I) If a motion or application for an order described in 8,947
division (A)(6) of this section is made, the court shall not 8,948
issue the order unless, prior to the issuance of the order, it 8,949
provides to the person all of the following:
(1) Notice and a copy of the motion or application; 8,951
(2) The grounds for the motion or application; 8,953
(3) An opportunity to present evidence and witnesses at a 8,955
hearing regarding the motion or application; 8,956
(4) An opportunity to be represented by counsel at the 8,958
hearing. 8,959
(J) The jurisdiction of the court shall terminate one year 8,962
after the date of the award or, if the court takes any further 8,963
action in the matter subsequent to the award, the date of the 8,964
latest further action subsequent to the award, if the court 8,965
199
awards legal custody of a child to either of the following: 8,966
(1) A legal custodian who, at the time of the award of 8,968
legal custody, resides in a county of this state other than the 8,969
county in which the court is located;
(2) A legal custodian who resides in the county in which 8,971
the court is located at the time of the award of legal custody, 8,972
but moves to a different county of this state prior to one year 8,973
after the date of the award or, if the court takes any further 8,974
action in the matter subsequent to the award, one year after the 8,975
date of the latest further action subsequent to the award.
The court in the county in which the legal custodian 8,977
resides then shall have jurisdiction in the matter. 8,978
Sec. 2151.36. When a child has been committed as provided 8,987
by this chapter, the juvenile court shall issue an order pursuant 8,989
to sections 3113.21 to 3113.219 of the Revised Code requiring 8,990
that the parent, guardian, or person charged with the child's 8,991
support pay for the care, support, maintenance, and education of 8,993
the child. The juvenile court shall order that the parents, 8,994
guardian, or person pay for the expenses involved in providing 8,995
orthopedic, medical, or surgical treatment for, or for special 8,996
care of, the child, enter a judgment for the amount due, and 8,997
enforce the judgment by execution as in the court of common 8,998
pleas.
Any expenses incurred for the care, support, maintenance, 9,000
education, orthopedic, medical, or surgical treatment, and 9,002
special care of a child who has a legal settlement in another 9,003
county shall be at the expense of the county of legal settlement 9,004
if the consent of the juvenile judge of the county of legal 9,005
settlement is first obtained. When the consent is obtained, the 9,006
board of county commissioners of the county in which the child 9,007
has a legal settlement shall reimburse the committing court for 9,008
the expenses out of its general fund. If the department of human 9,009
JOB AND FAMILY services considers it to be in the best interest 9,010
of any delinquent, dependent, unruly, abused, or neglected child 9,011
200
who has a legal settlement in a foreign state or country that the 9,012
child be returned to the state or country of legal settlement, 9,013
the juvenile court may commit the child to the department for the 9,014
child's return to that state or country. 9,015
Any expenses ordered by the court for the care, support, 9,018
maintenance, education, orthopedic, medical, or surgical
treatment, or special care of a dependent, neglected, abused, 9,020
unruly, or delinquent child or of a juvenile traffic offender
under this chapter, except the part of the expense that may be 9,022
paid by the state or federal government or paid by the parents, 9,024
guardians, or person charged with the child's support pursuant to 9,025
this section, shall be paid from the county treasury upon 9,026
specifically itemized vouchers, certified to by the judge. The 9,027
court shall not be responsible for any expenses resulting from 9,029
the commitment of children to any home, public children services 9,030
agency, private child placing agency, or other institution, 9,031
association, or agency, unless the court authorized the expenses 9,034
at the time of commitment.
Sec. 2151.39. No person, association or agency, public or 9,043
private, of another state, incorporated or otherwise, shall place 9,044
a child in a family home or with an agency or institution within 9,045
the boundaries of this state, either for temporary or permanent 9,046
care or custody or for adoption, unless such person or 9,047
association has furnished the department of human JOB AND FAMILY 9,048
services with a medical and social history of the child, 9,049
pertinent information about the family, agency, association, or 9,050
institution in this state with whom the sending party desires to 9,051
place the child, and any other information or financial guaranty 9,052
required by the department to determine whether the proposed 9,053
placement will meet the needs of the child. The department may 9,054
require the party desiring the placement to agree to promptly 9,055
receive and remove from the state a child brought into the state 9,056
whose placement has not proven satisfactorily responsive to the 9,057
needs of the child at any time until the child is adopted, 9,058
201
reaches majority, becomes self-supporting or is discharged with 9,059
the concurrence of the department. All placements proposed to be 9,060
made in this state by a party located in a state which is a party 9,061
to the interstate compact on the placement of children shall be 9,062
made according to the provisions of sections 5103.20 to 5103.28 9,063
of the Revised Code. 9,064
Sec. 2151.412. (A) Each public children services agency 9,073
and private child placing agency shall prepare and maintain a 9,074
case plan for any child to whom the agency is providing services 9,075
and to whom any of the following applies: 9,076
(1) The agency filed a complaint pursuant to section 9,078
2151.27 of the Revised Code alleging that the child is an abused, 9,079
neglected, or dependent child; 9,080
(2) The agency has temporary or permanent custody of the 9,082
child; 9,083
(3) The child is living at home subject to an order for 9,085
protective supervision; 9,086
(4) The child is in a planned permanent living 9,089
arrangement.
Except as provided by division (A)(2) of section 5103.153 9,091
of the Revised Code, a private child placing agency providing 9,092
services to a child who is the subject of a voluntary permanent 9,093
custody surrender agreement entered into under division (B)(2) of 9,094
section 5103.15 of the Revised Code is not required to prepare 9,095
and maintain a case plan for that child.
(B)(1) The department DIRECTOR of human JOB AND FAMILY 9,098
services shall adopt rules pursuant to Chapter 119. of the 9,100
Revised Code setting forth the content and format of case plans 9,101
required by division (A) of this section and establishing 9,102
procedures for developing, implementing, and changing the case 9,103
plans. The rules shall at a minimum comply with the requirements 9,104
of Title IV-E of the "Social Security Act," 94 Stat. 501, 42 9,105
U.S.C. 671 (1980), as amended.
(2) The department DIRECTOR of human JOB AND FAMILY 9,108
202
services shall adopt rules pursuant to Chapter 119. of the 9,110
Revised Code requiring public children services agencies and 9,111
private child placing agencies to maintain case plans for 9,112
children and their families who are receiving services in their 9,113
homes from the agencies and for whom case plans are not required 9,114
by division (A) of this section. The agencies shall maintain 9,115
case plans as required by those rules; however, the case plans 9,116
shall not be subject to any other provision of this section 9,117
except as specifically required by the rules. 9,118
(C) Each public children services agency and private child 9,120
placing agency that is required by division (A) of this section 9,121
to maintain a case plan shall file the case plan with the court 9,122
prior to the child's adjudicatory hearing but no later than 9,123
thirty days after the earlier of the date on which the complaint 9,124
in the case was filed or the child was first placed into shelter 9,125
care. If the agency does not have sufficient information prior 9,126
to the adjudicatory hearing to complete any part of the case 9,127
plan, the agency shall specify in the case plan the additional 9,128
information necessary to complete each part of the case plan and 9,129
the steps that will be taken to obtain that information. All 9,130
parts of the case plan shall be completed by the earlier of 9,131
thirty days after the adjudicatory hearing or the date of the 9,132
dispositional hearing for the child. 9,133
(D) Any agency that is required by division (A) of this 9,135
section to prepare a case plan shall attempt to obtain an 9,136
agreement among all parties, including, but not limited to, the 9,137
parents, guardian, or custodian of the child and the guardian ad 9,138
litem of the child regarding the content of the case plan. If 9,139
all parties agree to the content of the case plan and the court 9,140
approves it, the court shall journalize it as part of its 9,141
dispositional order. If the agency cannot obtain an agreement 9,142
upon the contents of the case plan or the court does not approve 9,143
it, the parties shall present evidence on the contents of the 9,144
case plan at the dispositional hearing. The court, based upon 9,145
203
the evidence presented at the dispositional hearing and the best 9,146
interest of the child, shall determine the contents of the case 9,147
plan and journalize it as part of the dispositional order for the 9,148
child. 9,149
(E)(1) All parties, including the parents, guardian, or 9,151
custodian of the child, are bound by the terms of the journalized 9,152
case plan. A party that fails to comply with the terms of the 9,153
journalized case plan may be held in contempt of court. 9,154
(2) Any party may propose a change to a substantive part 9,157
of the case plan, including, but not limited to, the child's 9,158
placement and the visitation rights of any party. A party 9,159
proposing a change to the case plan shall file the proposed 9,161
change with the court and give notice of the proposed change in
writing before the end of the day after the day of filing it to 9,162
all parties and the child's guardian ad litem. All parties and 9,163
the guardian ad litem shall have seven days from the date the 9,164
notice is sent to object to and request a hearing on the proposed 9,165
change. 9,166
(a) If it receives a timely request for a hearing, the 9,168
court shall schedule a hearing pursuant to section 2151.417 of 9,169
the Revised Code to be held no later than thirty days after the 9,171
request is received by the court. The court shall give notice of 9,172
the date, time, and location of the hearing to all parties and 9,173
the guardian ad litem. The agency may implement the proposed 9,174
change after the hearing, if the court approves it. The agency
shall not implement the proposed change unless it is approved by 9,176
the court.
(b) If it does not receive a timely request for a hearing, 9,178
the court may approve the proposed change without a hearing. If 9,179
the court approves the proposed change without a hearing, it 9,181
shall journalize the case plan with the change not later than 9,182
fourteen days after the change is filed with the court. If the 9,183
court does not approve the proposed change to the case plan, it 9,184
shall schedule a hearing to be held pursuant to section 2151.417 9,185
204
of the Revised Code no later than thirty days after the 9,186
expiration of the fourteen-day time period and give notice of the 9,187
date, time, and location of the hearing to all parties and the 9,188
guardian ad litem of the child. If, despite the requirements of 9,189
division (E)(2) of this section, the court neither approves and 9,190
journalizes the proposed change nor conducts a hearing, the 9,191
agency may implement the proposed change not earlier than fifteen 9,192
days after it is submitted to the court. 9,193
(3) If an agency has reasonable cause to believe that a 9,195
child is suffering from illness or injury and is not receiving 9,196
proper care and that an appropriate change in the child's case 9,197
plan is necessary to prevent immediate or threatened physical or 9,198
emotional harm, to believe that a child is in immediate danger 9,199
from the child's surroundings and that an immediate change in the 9,201
child's case plan is necessary to prevent immediate or threatened 9,202
physical or emotional harm to the child, or to believe that a 9,203
parent, guardian, custodian, or other member of the child's 9,204
household has abused or neglected the child and that the child is 9,205
in danger of immediate or threatened physical or emotional harm 9,206
from that person unless the agency makes an appropriate change in 9,207
the child's case plan, it may implement the change without prior 9,208
agreement or a court hearing and, before the end of the next day 9,210
after the change is made, give all parties, the guardian ad litem 9,211
of the child, and the court notice of the change. Before the end 9,212
of the third day after implementing the change in the case plan, 9,213
the agency shall file a statement of the change with the court 9,214
and give notice of the filing accompanied by a copy of the 9,215
statement to all parties and the guardian ad litem. All parties 9,216
and the guardian ad litem shall have ten days from the date the 9,217
notice is sent to object to and request a hearing on the change.
(a) If it receives a timely request for a hearing, the 9,219
court shall schedule a hearing pursuant to section 2151.417 of 9,220
the Revised Code to be held no later than thirty days after the 9,222
request is received by the court. The court shall give notice of 9,223
205
the date, time, and location of the hearing to all parties and 9,224
the guardian ad litem. The agency shall continue to administer
the case plan with the change after the hearing, if the court 9,225
approves the change. If the court does not approve the change, 9,226
the court shall make appropriate changes to the case plan and 9,227
shall journalize the case plan.
(b) If it does not receive a timely request for a hearing, 9,229
the court may approve the change without a hearing. If the court 9,230
approves the change without a hearing, it shall journalize the 9,232
case plan with the change within fourteen days after receipt of 9,233
the change. If the court does not approve the change to the case 9,234
plan, it shall schedule a hearing under section 2151.417 of the 9,235
Revised Code to be held no later than thirty days after the 9,236
expiration of the fourteen-day time period and give notice of the 9,237
date, time, and location of the hearing to all parties and the 9,238
guardian ad litem of the child.
(F)(1) All case plans for children in temporary custody 9,240
shall have the following general goals: 9,241
(a) Consistent with the best interest and special needs of 9,243
the child, to achieve a safe out-of-home placement in the least 9,245
restrictive, most family-like setting available and in close 9,246
proximity to the home from which the child was removed or the 9,247
home in which the child will be permanently placed; 9,248
(b) To eliminate with all due speed the need for the 9,251
out-of-home placement so that the child can safely return home. 9,252
(2) The department DIRECTOR of human JOB AND FAMILY 9,255
services shall adopt rules pursuant to Chapter 119. of the 9,257
Revised Code setting forth the general goals of case plans for 9,258
children subject to dispositional orders for protective 9,259
supervision, a planned permanent living arrangement, or permanent 9,261
custody.
(G) In the agency's development of a case plan and the 9,263
court's review of the case plan, the child's health and safety 9,264
shall be the paramount concern. The agency and the court shall 9,265
206
be guided by the following general priorities: 9,266
(1) A child who is residing with or can be placed with the 9,268
child's parents within a reasonable time should remain in their 9,269
legal custody even if an order of protective supervision is 9,270
required for a reasonable period of time; 9,271
(2) If both parents of the child have abandoned the child, 9,273
have relinquished custody of the child, have become incapable of 9,274
supporting or caring for the child even with reasonable 9,275
assistance, or have a detrimental effect on the health, safety, 9,276
and best interest of the child, the child should be placed in the 9,277
legal custody of a suitable member of the child's extended 9,278
family;
(3) If a child described in division (G)(2) of this 9,280
section has no suitable member of the child's extended family to 9,282
accept legal custody, the child should be placed in the legal 9,283
custody of a suitable nonrelative who shall be made a party to 9,284
the proceedings after being given legal custody of the child; 9,285
(4) If the child has no suitable member of the child's 9,287
extended family to accept legal custody of the child and no 9,289
suitable nonrelative is available to accept legal custody of the 9,290
child and, if the child temporarily cannot or should not be 9,291
placed with the child's parents, guardian, or custodian, the 9,292
child should be placed in the temporary custody of a public 9,294
children services agency or a private child placing agency; 9,295
(5) If the child cannot be placed with either of the 9,297
child's parents within a reasonable period of time or should not 9,299
be placed with either, if no suitable member of the child's 9,300
extended family or suitable nonrelative is available to accept 9,301
legal custody of the child, and if the agency has a reasonable 9,302
expectation of placing the child for adoption, the child should 9,303
be committed to the permanent custody of the public children 9,304
services agency or private child placing agency; 9,305
(6) If the child is to be placed for adoption or foster 9,307
care, the placement shall not be delayed or denied on the basis 9,308
207
of the child's or adoptive or foster family's race, color, or 9,310
national origin.
(H) The case plan for a child in temporary custody shall 9,312
include at a minimum the following requirements if the child is 9,313
or has been the victim of abuse or neglect or if the child 9,314
witnessed the commission in the child's household of abuse or 9,315
neglect against a sibling of the child, a parent of the child, or 9,316
any other person in the child's household: 9,317
(1) A requirement that the child's parents, guardian, or 9,319
custodian participate in mandatory counseling; 9,320
(2) A requirement that the child's parents, guardian, or 9,322
custodian participate in any supportive services that are 9,323
required by or provided pursuant to the child's case plan. 9,324
(I) A case plan may include, as a supplement, a plan for 9,326
locating a permanent family placement. The supplement shall not 9,327
be considered part of the case plan for purposes of division (D) 9,328
of this section.
Sec. 2151.413. (A) A public children services agency or 9,337
private child placing agency that, pursuant to an order of 9,338
disposition under division (A)(2) of section 2151.353 of the 9,339
Revised Code or under any version of section 2151.353 of the 9,340
Revised Code that existed prior to January 1, 1989, is granted 9,341
temporary custody of a child who is not abandoned or orphaned may 9,342
file a motion in the court that made the disposition of the child 9,344
requesting permanent custody of the child. 9,345
(B) A public children services agency or private child 9,347
placing agency that, pursuant to an order of disposition under 9,348
division (A)(2) of section 2151.353 of the Revised Code or under 9,349
any version of section 2151.353 of the Revised Code that existed 9,350
prior to January 1, 1989, is granted temporary custody of a child 9,352
who is orphaned may file a motion in the court that made the 9,353
disposition of the child requesting permanent custody of the 9,354
child whenever it can show that no relative of the child is able 9,355
to take legal custody of the child. 9,356
208
(C) A public children services agency or private child 9,358
placing agency that, pursuant to an order of disposition under 9,359
division (A)(5) of section 2151.353 of the Revised Code, places a 9,360
child in a planned permanent living arrangement may file a motion 9,362
in the court that made the disposition of the child requesting 9,363
permanent custody of the child.
(D)(1) Except as provided in division (D)(3) of this 9,365
section, if a child has been in the temporary custody of one or 9,367
more public children services agencies or private child placing 9,369
agencies for twelve or more months of a consecutive twenty-two 9,371
month period ending on or after March 18, 1999, the agency with 9,373
custody shall file a motion requesting permanent custody of the 9,375
child. The motion shall be filed in the court that issued the 9,377
current order of temporary custody. For the purposes of this 9,378
division, a child shall be considered to have entered the 9,379
temporary custody of an agency on the earlier of the date the 9,380
child is adjudicated pursuant to section 2151.28 of the Revised 9,381
Code or the date that is sixty days after the removal of the 9,382
child from home.
(2) Except as provided in division (D)(3) of this section, 9,385
if a court makes a determination pursuant to division (A)(2) of 9,387
section 2151.419 of the Revised Code, the public children 9,389
services agency or private child placing agency required to 9,390
develop the permanency plan for the child under division (K) of 9,392
section 2151.417 of the Revised Code shall file a motion in the 9,394
court that made the determination requesting permanent custody of 9,396
the child.
(3) An agency shall not file a motion for permanent 9,398
custody under division (D)(1) or (2) of this section if any of 9,399
the following apply:
(a) The agency documents in the case plan or permanency 9,402
plan a compelling reason that permanent custody is not in the
best interest of the child. 9,403
(b) If reasonable efforts to return the child to the 9,405
209
child's home are required under section 2151.419 of the Revised 9,406
Code, the agency has not provided the services required by the 9,409
case plan to the parents of the child or the child to ensure the 9,410
safe return of the child to the child's home.
(c) The agency has been granted permanent custody of the 9,412
child.
(d) The child has been returned home pursuant to court 9,414
order in accordance with division (A)(3) of section 2151.419 of 9,415
the Revised Code.
(E) Any agency that files a motion for permanent custody 9,418
under this section shall include in the case plan of the child 9,419
who is the subject of the motion, a specific plan of the agency's 9,420
actions to seek an adoptive family for the child and to prepare 9,421
the child for adoption. 9,422
(F) The department of human JOB AND FAMILY services may 9,425
adopt rules pursuant to Chapter 119. of the Revised Code that set 9,427
forth the time frames for case reviews and for filing a motion 9,428
requesting permanent custody under division (D)(1) of this 9,430
section.
Sec. 2151.416. (A) Each agency that is required by 9,439
section 2151.412 of the Revised Code to prepare a case plan for a 9,440
child shall complete a semiannual administrative review of the 9,441
case plan no later than six months after the earlier of the date 9,442
on which the complaint in the case was filed or the child was 9,443
first placed in shelter care. After the first administrative 9,444
review, the agency shall complete semiannual administrative 9,445
reviews no later than every six months. If the court issues an 9,446
order pursuant to section 2151.414 or 2151.415 of the Revised 9,448
Code, the agency shall complete an administrative review no later 9,449
than six months after the court's order and continue to complete 9,450
administrative reviews no later than every six months after the 9,451
first review, except that the court hearing held pursuant to 9,452
section 2151.417 of the Revised Code may take the place of any 9,453
administrative review that would otherwise be held at the time of 9,454
210
the court hearing. When conducting a review, the child's health 9,455
and safety shall be the paramount concern. 9,456
(B) Each administrative review required by division (A) of 9,458
this section shall be conducted by a review panel of at least 9,459
three persons, including, but not limited to, both of the 9,460
following: 9,461
(1) A caseworker with day-to-day responsibility for, or 9,463
familiarity with, the management of the child's case plan; 9,464
(2) A person who is not responsible for the management of 9,466
the child's case plan or for the delivery of services to the 9,467
child or the parents, guardian, or custodian of the child. 9,468
(C) Each semiannual administrative review shall include, 9,470
but not be limited to, a joint meeting by the review panel with 9,471
the parents, guardian, or custodian of the child, the guardian ad 9,472
litem of the child, and the child's foster care provider and 9,473
shall include an opportunity for those persons to submit any 9,474
written materials to be included in the case record of the child. 9,475
If a parent, guardian, custodian, guardian ad litem, or foster 9,476
care provider of the child cannot be located after reasonable 9,477
efforts to do so or declines to participate in the administrative 9,478
review after being contacted, the agency does not have to include 9,479
them in the joint meeting. 9,480
(D) The agency shall prepare a written summary of the 9,482
semiannual administrative review that shall include, but not be 9,483
limited to, all of the following: 9,484
(1) A conclusion regarding the safety and appropriateness 9,486
of the child's foster care placement; 9,487
(2) The extent of the compliance with the case plan of all 9,489
parties; 9,490
(3) The extent of progress that has been made toward 9,492
alleviating the circumstances that required the agency to assume 9,493
temporary custody of the child; 9,494
(4) An estimated date by which the child may be returned 9,496
to and safely maintained in the child's home or placed for 9,497
211
adoption or legal custody; 9,498
(5) An updated case plan that includes any changes that 9,500
the agency is proposing in the case plan; 9,501
(6) The recommendation of the agency as to which agency or 9,503
person should be given custodial rights over the child for the 9,504
six-month period after the administrative review; 9,505
(7) The names of all persons who participated in the 9,507
administrative review. 9,508
(E) The agency shall file the summary with the court no 9,511
later than seven days after the completion of the administrative
review. If the agency proposes a change to the case plan as a 9,512
result of the administrative review, the agency shall file the 9,513
proposed change with the court at the time it files the summary. 9,514
The agency shall give notice of the summary and proposed change 9,515
in writing before the end of the next day after filing them to 9,516
all parties and the child's guardian ad litem. All parties and
the guardian ad litem shall have seven days after the date the 9,517
notice is sent to object to and request a hearing on the proposed 9,518
change.
(1) If the court receives a timely request for a hearing, 9,520
the court shall schedule a hearing pursuant to section 2151.417 9,521
of the Revised Code to be held not later than thirty days after 9,522
the court receives the request. The court shall give notice of 9,523
the date, time, and location of the hearing to all parties and
the guardian ad litem. The agency may implement the proposed 9,524
change after the hearing, if the court approves it. The agency 9,525
shall not implement the proposed change unless it is approved by 9,526
the court.
(2) If the court does not receive a timely request for a 9,528
hearing, the court may approve the proposed change without a 9,529
hearing. If the court approves the proposed change without a 9,530
hearing, it shall journalize the case plan with the change not 9,531
later than fourteen days after the change is filed with the 9,532
court. If the court does not approve the proposed change to the
212
case plan, it shall schedule a review hearing to be held pursuant 9,533
to section 2151.417 of the Revised Code no later than thirty days 9,534
after the expiration of the fourteen-day time period and give 9,535
notice of the date, time, and location of the hearing to all 9,536
parties and the guardian ad litem of the child. If, despite the 9,537
requirements of this division and division (D) of section
2151.417 of the Revised Code, the court neither approves and 9,538
journalizes the proposed change nor conducts a hearing, the 9,539
agency may implement the proposed change not earlier than fifteen 9,540
days after it is submitted to the court.
(F) The department DIRECTOR of human JOB AND FAMILY 9,543
services may adopt rules pursuant to Chapter 119. of the Revised 9,545
Code for procedures and standard forms for conducting 9,546
administrative reviews pursuant to this section. 9,547
(G) The juvenile court that receives the written summary 9,549
of the administrative review, upon determining, either from the 9,550
written summary, case plan, or otherwise, that the custody or 9,551
care arrangement is not in the best interest of the child, may 9,552
terminate the custody of an agency and place the child in the 9,553
custody of another institution or association certified by the 9,555
department of human JOB AND FAMILY services under section 5103.03 9,556
of the Revised Code.
(H) The department of human JOB AND FAMILY services shall 9,558
report annually to the public and to the general assembly on the 9,560
results of the review of case plans of each agency and on the 9,561
results of the summaries submitted to the department under 9,562
section 3107.10 of the Revised Code. The annual report shall 9,563
include any information that is required by the department, 9,564
including, but not limited to, all of the following: 9,565
(1) A statistical analysis of the administrative reviews 9,567
conducted pursuant to this section and section 2151.417 of the 9,568
Revised Code; 9,569
(2) The number of children in temporary or permanent 9,571
custody for whom an administrative review was conducted, the 9,572
213
number of children whose custody status changed during the 9,573
period, the number of children whose residential placement 9,574
changed during the period, and the number of residential 9,575
placement changes for each child during the period; 9,576
(3) An analysis of the utilization of public social 9,578
services by agencies and parents or guardians, and the 9,579
utilization of the adoption listing service of the department 9,580
pursuant to section 5103.154 of the Revised Code; 9,581
(4) A compilation and analysis of data submitted to the 9,583
department under section 3107.10 of the Revised Code. 9,584
Sec. 2151.421. (A)(1)(a) No person described in division 9,595
(A)(1)(b) of this section who is acting in an official or 9,597
professional capacity and knows or suspects that a child under 9,598
eighteen years of age or a mentally retarded, developmentally 9,600
disabled, or physically impaired child under twenty-one years of 9,601
age has suffered or faces a threat of suffering any physical or 9,602
mental wound, injury, disability, or condition of a nature that 9,603
reasonably indicates abuse or neglect of the child, shall fail to 9,604
immediately report that knowledge or suspicion to the public 9,605
children services agency or a municipal or county peace officer 9,607
in the county in which the child resides or in which the abuse or 9,608
neglect is occurring or has occurred.
(b) Division (A)(1)(a) of this section applies to any 9,611
person who is an attorney; physician, including a hospital intern 9,612
or resident; dentist; podiatrist; practitioner of a limited 9,613
branch of medicine as specified in section 4731.15 of the Revised 9,614
Code; registered nurse; licensed practical nurse; visiting nurse; 9,616
other health care professional; licensed psychologist; licensed 9,617
school psychologist; speech pathologist or audiologist; coroner; 9,618
administrator or employee of a child day-care center; 9,619
administrator or employee of a residential camp or child day 9,620
camp; administrator or employee of a certified child care agency 9,621
or other public or private children services agency; school 9,622
teacher; school employee; school authority; person engaged in 9,623
214
social work or the practice of professional counseling; or a 9,624
person rendering spiritual treatment through prayer in accordance 9,626
with the tenets of a well-recognized religion.
(2) An attorney or a physician is not required to make a 9,628
report pursuant to division (A)(1) of this section concerning any 9,630
communication the attorney or physician receives from a client or 9,633
patient in an attorney-client or physician-patient relationship, 9,634
if, in accordance with division (A) or (B) of section 2317.02 of 9,636
the Revised Code, the attorney or physician could not testify 9,637
with respect to that communication in a civil or criminal 9,638
proceeding, except that the client or patient is deemed to have 9,639
waived any testimonial privilege under division (A) or (B) of 9,641
section 2317.02 of the Revised Code with respect to that 9,643
communication and the attorney or physician shall make a report 9,645
pursuant to division (A)(1) of this section with respect to that 9,646
communication, if all of the following apply:
(a) The client or patient, at the time of the 9,648
communication, is either a child under eighteen years of age or a 9,649
mentally retarded, developmentally disabled, or physically 9,651
impaired person under twenty-one years of age. 9,652
(b) The attorney or physician knows or suspects, as a 9,654
result of the communication or any observations made during that 9,656
communication, that the client or patient has suffered or faces a 9,657
threat of suffering any physical or mental wound, injury, 9,659
disability, or condition of a nature that reasonably indicates 9,660
abuse or neglect of the client or patient. 9,661
(c) The attorney-client or physician-patient relationship 9,663
does not arise out of the client's or patient's attempt to have 9,665
an abortion without the notification of her parents, guardian, or 9,667
custodian in accordance with section 2151.85 of the Revised Code. 9,668
(B) Anyone, who knows or suspects that a child under 9,670
eighteen years of age or a mentally retarded, developmentally 9,672
disabled, or physically impaired person under twenty-one years of 9,673
age has suffered or faces a threat of suffering any physical or 9,674
215
mental wound, injury, disability, or other condition of a nature 9,675
that reasonably indicates abuse or neglect of the child, may 9,676
report or cause reports to be made of that knowledge or suspicion 9,677
to the public children services agency or to a municipal or 9,679
county peace officer. 9,680
(C) Any report made pursuant to division (A) or (B) of 9,682
this section shall be made forthwith either by telephone or in 9,683
person and shall be followed by a written report, if requested by 9,685
the receiving agency or officer. The written report shall
contain: 9,686
(1) The names and addresses of the child and the child's 9,688
parents or the person or persons having custody of the child, if 9,689
known;
(2) The child's age and the nature and extent of the 9,691
child's known or suspected injuries, abuse, or neglect or of the 9,692
known or suspected threat of injury, abuse, or neglect, including 9,693
any evidence of previous injuries, abuse, or neglect; 9,694
(3) Any other information that might be helpful in 9,696
establishing the cause of the known or suspected injury, abuse, 9,697
or neglect or of the known or suspected threat of injury, abuse, 9,698
or neglect. 9,699
Any person, who is required by division (A) of this section 9,701
to report known or suspected child abuse or child neglect, may 9,702
take or cause to be taken color photographs of areas of trauma 9,703
visible on a child and, if medically indicated, cause to be 9,704
performed radiological examinations of the child. 9,705
(D)(1) Upon the receipt of a report concerning the 9,707
possible abuse or neglect of a child or the possible threat of 9,708
abuse or neglect of a child, the municipal or county peace 9,709
officer who receives the report shall refer the report to the 9,710
appropriate public children services agency. 9,712
(2) On receipt of a report pursuant to this division or 9,715
division (A) or (B) of this section, the public children services 9,717
agency shall comply with section 2151.422 of the Revised Code. 9,719
216
(E) No township, municipal, or county peace officer shall 9,721
remove a child about whom a report is made pursuant to this 9,722
section from the child's parents, stepparents, or guardian or any 9,723
other persons having custody of the child without consultation 9,724
with the public children services agency, unless, in the judgment 9,727
of the officer, and, if the report was made by physician, the 9,728
physician, immediate removal is considered essential to protect 9,729
the child from further abuse or neglect. The agency that must be 9,732
consulted shall be the agency conducting the investigation of the 9,733
report as determined pursuant to section 2151.422 of the Revised 9,734
Code. 9,735
(F)(1) Except as provided in section 2151.422 of the 9,738
Revised Code, the public children services agency shall 9,740
investigate, within twenty-four hours, each report of known or 9,742
suspected child abuse or child neglect and of a known or 9,743
suspected threat of child abuse or child neglect that is referred 9,744
to it under this section to determine the circumstances 9,745
surrounding the injuries, abuse, or neglect or the threat of 9,746
injury, abuse, or neglect, the cause of the injuries, abuse, 9,747
neglect, or threat, and the person or persons responsible. The 9,748
investigation shall be made in cooperation with the law
enforcement agency and in accordance with the memorandum of 9,749
understanding prepared under division (J) of this section. A 9,751
failure to make the investigation in accordance with the 9,752
memorandum is not grounds for, and shall not result in, the 9,754
dismissal of any charges or complaint arising from the report or 9,755
the suppression of any evidence obtained as a result of the 9,756
report and does not give, and shall not be construed as giving, 9,757
any rights or any grounds for appeal or post-conviction relief to 9,758
any person. The public children services agency shall report 9,761
each case to a central registry which the state department of 9,763
human JOB AND FAMILY services shall maintain in order to 9,764
determine whether prior reports have been made in other counties 9,765
concerning the child or other principals in the case. The public 9,767
217
children services agency shall submit a report of its
investigation, in writing, to the law enforcement agency. 9,769
(2) The public children services agency shall make any 9,772
recommendations to the county prosecuting attorney or city 9,774
director of law that it considers necessary to protect any 9,775
children that are brought to its attention. 9,776
(G)(1)(a) Except as provided in division (H)(3) of this 9,778
section, anyone or any hospital, institution, school, health 9,779
department, or agency participating in the making of reports 9,780
under division (A) of this section, anyone or any hospital, 9,781
institution, school, health department, or agency participating 9,782
in good faith in the making of reports under division (B) of this 9,783
section, and anyone participating in good faith in a judicial 9,784
proceeding resulting from the reports, shall be immune from any 9,785
civil or criminal liability for injury, death, or loss to person 9,786
or property that otherwise might be incurred or imposed as a 9,787
result of the making of the reports or the participation in the 9,788
judicial proceeding. 9,789
(b) Notwithstanding section 4731.22 of the Revised Code, 9,792
the physician-patient privilege shall not be a ground for 9,793
excluding evidence regarding a child's injuries, abuse, or 9,794
neglect, or the cause of the injuries, abuse, or neglect in any 9,795
judicial proceeding resulting from a report submitted pursuant to 9,796
this section.
(2) In any civil or criminal action or proceeding in which 9,798
it is alleged and proved that participation in the making of a 9,799
report under this section was not in good faith or participation 9,800
in a judicial proceeding resulting from a report made under this 9,801
section was not in good faith, the court shall award the 9,802
prevailing party reasonable attorney's fees and costs and, if a 9,803
civil action or proceeding is voluntarily dismissed, may award 9,804
reasonable attorney's fees and costs to the party against whom 9,805
the civil action or proceeding is brought. 9,806
(H)(1) Except as provided in divisions (H)(4), (M), and 9,809
218
(N) of this section, a report made under this section is 9,810
confidential. The information provided in a report made pursuant 9,811
to this section and the name of the person who made the report 9,812
shall not be released for use, and shall not be used, as evidence 9,813
in any civil action or proceeding brought against the person who 9,814
made the report. In a criminal proceeding, the report is 9,815
admissible in evidence in accordance with the Rules of Evidence 9,816
and is subject to discovery in accordance with the Rules of 9,817
Criminal Procedure. 9,818
(2) No person shall permit or encourage the unauthorized 9,820
dissemination of the contents of any report made under this 9,821
section. 9,822
(3) A person who knowingly makes or causes another person 9,824
to make a false report under division (B) of this section that 9,825
alleges that any person has committed an act or omission that 9,826
resulted in a child being an abused child or a neglected child is 9,827
guilty of a violation of section 2921.14 of the Revised Code. 9,828
(4) A public children services agency shall advise a 9,831
person alleged to have inflicted abuse or neglect on a child who 9,832
is the subject of a report made pursuant to this section of the
disposition of the investigation. The agency shall not provide 9,833
to the person any information that identifies the person who made 9,835
the report, statements of witnesses, or police or other
investigative reports. 9,836
(I) Any report that is required by this section shall 9,838
result in protective services and emergency supportive services 9,839
being made available by the public children services agency on 9,841
behalf of the children about whom the report is made, in an 9,843
effort to prevent further neglect or abuse, to enhance their 9,844
welfare, and, whenever possible, to preserve the family unit 9,845
intact. The agency required to provide the services shall be the 9,847
agency conducting the investigation of the report pursuant to 9,848
section 2151.422 of the Revised Code. 9,850
(J)(1) Each public children services agency shall prepare 9,852
219
a memorandum of understanding that is signed by all of the 9,854
following:
(a) If there is only one juvenile judge in the county, the 9,857
juvenile judge of the county or the juvenile judge's 9,858
representative;
(b) If there is more than one juvenile judge in the 9,862
county, a juvenile judge or the juvenile judges' representative 9,863
selected by the juvenile judges or, if they are unable to do so 9,864
for any reason, the juvenile judge who is senior in point of 9,865
service or the senior juvenile judge's representative; 9,866
(c) The county peace officer; 9,869
(d) All chief municipal peace officers within the county; 9,872
(e) Other law enforcement officers handling child abuse 9,874
and neglect cases in the county; 9,875
(f) The prosecuting attorney of the county; 9,878
(g) If the public children services agency is not the 9,880
county department of human JOB AND FAMILY services, the county 9,882
department of human JOB AND FAMILY services. 9,883
(2) A memorandum of understanding shall set forth the 9,885
normal operating procedure to be employed by all concerned 9,887
officials in the execution of their respective responsibilities 9,888
under this section and division (C) of section 2919.21, division 9,889
(B)(1) of section 2919.22, division (B) of section 2919.23, and 9,890
section 2919.24 of the Revised Code and shall have as two of its 9,891
primary goals the elimination of all unnecessary interviews of 9,892
children who are the subject of reports made pursuant to division 9,893
(A) or (B) of this section and, when feasible, providing for only 9,894
one interview of a child who is the subject of any report made 9,895
pursuant to division (A) or (B) of this section. A failure to 9,896
follow the procedure set forth in the memorandum by the concerned 9,898
officials is not grounds for, and shall not result in, the 9,899
dismissal of any charges or complaint arising from any reported 9,900
case of abuse or neglect or the suppression of any evidence 9,901
obtained as a result of any reported child abuse or child neglect 9,902
220
and does not give, and shall not be construed as giving, any 9,903
rights or any grounds for appeal or post-conviction relief to any 9,904
person. 9,905
(3) A memorandum of understanding shall include all of the 9,907
following: 9,908
(a) The roles and responsibilities for handling emergency 9,911
and non-emergency NONEMERGENCY cases of abuse and neglect; 9,912
(b) Standards and procedures to be used in handling and 9,914
coordinating investigations of reported cases of child abuse and 9,915
reported cases of child neglect, methods to be used in 9,916
interviewing the child who is the subject of the report and who 9,917
allegedly was abused or neglected, and standards and procedures 9,918
addressing the categories of persons who may interview the child 9,919
who is the subject of the report and who allegedly was abused or 9,920
neglected. 9,921
(K)(1) Except as provided in division (K)(4) of this 9,924
section, a person who is required to make a report pursuant to 9,925
division (A) of this section may make a reasonable number of 9,926
requests of the public children services agency that receives or 9,927
is referred the report to be provided with the following 9,929
information:
(a) Whether the agency has initiated an investigation of 9,932
the report;
(b) Whether the agency is continuing to investigate the 9,935
report;
(c) Whether the agency is otherwise involved with the 9,939
child who is the subject of the report;
(d) The general status of the health and safety of the 9,941
child who is the subject of the report; 9,942
(e) Whether the report has resulted in the filing of a 9,944
complaint in juvenile court or of criminal charges in another 9,945
court. 9,946
(2) A person may request the information specified in 9,948
division (K)(1) of this section only if, at the time the report 9,949
221
is made, the person's name, address, and telephone number are 9,950
provided to the person who receives the report.
When a municipal or county peace officer or employee of a 9,952
public children services agency receives a report pursuant to 9,955
division (A) or (B) of this section the recipient of the report 9,956
shall inform the person of the right to request the information 9,958
described in division (K)(1) of this section. The recipient of
the report shall include in the initial child abuse or child 9,959
neglect report that the person making the report was so informed 9,960
and, if provided at the time of the making of the report, shall 9,961
include the person's name, address, and telephone number in the 9,962
report.
Each request is subject to verification of the identity of 9,964
the person making the report. If that person's identity is 9,967
verified, the agency shall provide the person with the 9,969
information described in division (K)(1) of this section a 9,970
reasonable number of times, except that the agency shall not
disclose any confidential information regarding the child who is 9,972
the subject of the report other than the information described in 9,973
those divisions.
(3) A request made pursuant to division (K)(1) of this 9,975
section is not a substitute for any report required to be made 9,976
pursuant to division (A) of this section. 9,977
(4) If an agency other than the agency that received or 9,980
was referred the report is conducting the investigation of the 9,981
report pursuant to section 2151.422 of the Revised Code, the 9,983
agency conducting the investigation shall comply with the 9,984
requirements of division (K) of this section. 9,985
(L) The department DIRECTOR of human JOB AND FAMILY 9,988
services shall adopt rules in accordance with Chapter 119. of the 9,990
Revised Code to implement this section. The department OF JOB 9,991
AND FAMILY SERVICES may enter into a plan of cooperation with any 9,994
other governmental entity to aid in ensuring that children are 9,995
protected from abuse and neglect. The department shall make
222
recommendations to the attorney general that the department 9,996
determines are necessary to protect children from child abuse and 9,997
child neglect. 9,998
(M) No later than the end of the day following the day on 10,001
which a public children services agency receives a report of 10,002
alleged child abuse or child neglect, or a report of an alleged 10,003
threat of child abuse or child neglect, that allegedly occurred 10,004
in or involved an out-of-home care entity, the agency shall 10,005
provide written notice of the allegations contained in and the 10,007
person named as the alleged perpetrator in the report to the 10,008
administrator, director, or other chief administrative officer of 10,009
the out-of-home care entity that is the subject of the report 10,010
unless the administrator, director, or other chief administrative 10,011
officer is named as an alleged perpetrator in the report. If the 10,012
administrator, director, or other chief administrative officer of 10,013
an out-of-home care entity is named as an alleged perpetrator in 10,014
a report of alleged child abuse or child neglect, or a report of 10,015
an alleged threat of child abuse or child neglect, that allegedly 10,016
occurred in or involved the out-of-home care entity, the agency 10,017
shall provide the written notice to the owner or governing board 10,019
of the out-of-home care entity that is the subject of the report. 10,020
The agency shall not provide witness statements or police or 10,022
other investigative reports.
(N) No later than three days after the day on which a 10,025
public children services agency that conducted the investigation 10,026
as determined pursuant to section 2151.422 of the Revised Code 10,027
makes a disposition of an investigation involving a report of 10,028
alleged child abuse or child neglect, or a report of an alleged 10,029
threat of child abuse or child neglect, that allegedly occurred 10,030
in or involved an out-of-home care entity, the agency shall send 10,033
written notice of the disposition of the investigation to the 10,034
administrator, director, or other chief administrative officer 10,035
and the owner or governing board of the out-of-home care entity. 10,036
The agency shall not provide witness statements or police or 10,038
223
other investigative reports.
Sec. 2151.43. In cases against an adult under sections 10,047
2151.01 to 2151.54 of the Revised Code, any person may file an 10,048
affidavit with the clerk of the juvenile court setting forth 10,049
briefly, in plain and ordinary language, the charges against the 10,050
accused who shall be tried thereon. When the child is a 10,051
recipient of aid pursuant to Chapter 5107. or 5115. of the 10,053
Revised Code, the county department of human JOB AND FAMILY
services shall file charges against any person who fails to 10,055
provide support to a child in violation of section 2919.21 of the 10,056
Revised Code, unless the department files charges under section 10,057
3113.06 of the Revised Code, or unless charges of nonsupport are 10,058
filed by a relative or guardian of the child, or unless action to 10,059
enforce support is brought under Chapter 3115. of the Revised 10,060
Code.
In such prosecution an indictment by the grand jury or 10,062
information by the prosecuting attorney shall not be required. 10,063
The clerk shall issue a warrant for the arrest of the accused, 10,064
who, when arrested, shall be taken before the juvenile judge and 10,065
tried according to such sections. 10,066
The affidavit may be amended at any time before or during 10,068
the trial. 10,069
The judge may bind such adult over to the grand jury, where 10,071
the act complained of constitutes a felony. 10,072
Sec. 2151.49. In every case of conviction under sections 10,081
2151.01 to 2151.54 of the Revised Code, where imprisonment is 10,082
imposed as part of the punishment, the juvenile judge may suspend 10,083
sentence, before or during commitment, upon such condition as the 10,084
juvenile judge imposes. In the case of conviction for 10,085
non-support of a child who is receiving aid under Chapter 5107. 10,086
or 5115. of the Revised Code, if the juvenile judge suspends 10,087
sentence on condition that the person make payments for support, 10,088
the payment shall be made to the county department of human JOB 10,089
AND FAMILY services rather than to the child or custodian of the 10,090
224
child.
The court, in accordance with section 3113.217 of the 10,092
Revised Code, shall include in each support order made under this 10,094
section the requirement that one or both of the parents provide 10,095
for the health care needs of the child to the satisfaction of the 10,096
court.
Sec. 2151.86. (A)(1) The appointing or hiring officer of 10,105
any entity that employs any person responsible for a child's care 10,106
in out-of-home care shall request the superintendent of the 10,107
bureau of criminal identification and investigation to conduct a 10,108
criminal records check with respect to any applicant who has 10,109
applied to the entity for employment as a person responsible for 10,110
a child's care in out-of-home care. The administrative director 10,111
of any entity that designates a person as a prospective adoptive 10,112
parent or as a prospective foster parent shall request the 10,113
superintendent to conduct a criminal records check with respect 10,114
to that person. If the applicant, prospective adoptive parent, 10,115
or prospective foster parent does not present proof that the 10,116
applicant or prospective adoptive or foster parent has been a 10,117
resident of this state for the five-year period immediately prior 10,119
to the date upon which the criminal records check is requested or 10,120
does not provide evidence that within that five-year period the 10,121
superintendent has requested information about the applicant or 10,122
prospective adoptive or foster parent from the federal bureau of 10,123
investigation in a criminal records check, the appointing or 10,124
hiring officer or administrative director shall request that the 10,125
superintendent obtain information from the federal bureau of 10,126
investigation as a part of the criminal records check. If the 10,127
applicant, prospective adoptive parent, or prospective foster 10,128
parent presents proof that the applicant or prospective adoptive 10,129
or foster parent has been a resident of this state for that 10,130
five-year period, the appointing or hiring officer or 10,131
administrator may request that the superintendent include 10,132
information from the federal bureau of investigation in the 10,133
225
criminal records check.
(2) Any person required by division (A)(1) of this section 10,135
to request a criminal records check shall provide to each 10,136
applicant, prospective adoptive parent, or prospective foster 10,137
parent a copy of the form prescribed pursuant to division (C)(1) 10,138
of section 109.572 of the Revised Code and a standard impression 10,139
sheet to obtain fingerprint impressions prescribed pursuant to 10,140
division (C)(2) of section 109.572 of the Revised Code, obtain 10,141
the completed form and impression sheet from each applicant, 10,142
prospective adoptive parent, or prospective foster parent, and 10,143
forward the completed form and impression sheet to the 10,144
superintendent of the bureau of criminal identification and 10,145
investigation at the time the person requests a criminal records 10,146
check pursuant to division (A)(1) of this section. 10,147
(3) Any applicant, prospective adoptive parent, or 10,149
prospective foster parent who receives pursuant to division 10,150
(A)(2) of this section a copy of the form prescribed pursuant to 10,151
division (C)(1) of section 109.572 of the Revised Code and a copy 10,152
of an impression sheet prescribed pursuant to division (C)(2) of 10,153
that section and who is requested to complete the form and 10,154
provide a set of fingerprint impressions shall complete the form 10,155
or provide all the information necessary to complete the form and 10,156
shall provide the impression sheet with the impressions of the 10,157
applicant's or prospective adoptive or foster parent's 10,158
fingerprints. If an applicant, prospective adoptive parent, or 10,159
prospective foster parent, upon request, fails to provide the 10,160
information necessary to complete the form or fails to provide 10,161
impressions of the applicant's or prospective adoptive or foster 10,162
parent's fingerprints, the entity shall not employ that applicant 10,163
for any position for which a criminal records check is required 10,165
by division (A)(1) of this section and shall not consider the 10,166
prospective adoptive parent or prospective foster parent as an 10,167
adoptive parent or foster parent.
(B)(1) No entity shall employ a person as a person 10,169
226
responsible for a child's care in out-of-home care or permit a 10,170
person to become an adoptive parent or foster parent if the 10,171
person previously has been convicted of or pleaded guilty to any 10,172
of the following, unless the person meets rehabilitation 10,173
standards established in rules adopted under division (E) of this 10,174
section:
(a) A violation of section 2903.01, 2903.02, 2903.03, 10,176
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 10,177
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 10,179
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 10,180
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 10,181
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 10,182
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 10,183
2925.06, or 3716.11 of the Revised Code, a violation of section 10,184
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 10,185
have been a violation of section 2905.04 of the Revised Code as 10,186
it existed prior to July 1, 1996, had the violation been 10,187
committed prior to that date, a violation of section 2925.11 of 10,188
the Revised Code that is not a minor drug possession offense, or 10,189
felonious sexual penetration in violation of former section 10,190
2907.12 of the Revised Code;
(b) A violation of an existing or former law of this 10,192
state, any other state, or the United States that is 10,193
substantially equivalent to any of the offenses described in 10,194
division (B)(1)(a) of this section.
(2) An out-of-home care entity may employ an applicant 10,196
conditionally until the criminal records check required by this 10,197
section is completed and the entity receives the results of the 10,198
criminal records check. If the results of the criminal records 10,199
check indicate that, pursuant to division (B)(1) of this section, 10,200
the applicant does not qualify for employment, the entity shall 10,201
release the applicant from employment. 10,202
(C)(1) The out-of-home care entity shall pay to the bureau 10,204
227
of criminal identification and investigation the fee prescribed 10,205
pursuant to division (C)(3) of section 109.572 of the Revised 10,206
Code for each criminal records check conducted in accordance with 10,207
that section upon a request pursuant to division (A)(1) of this 10,208
section. 10,209
(2) An out-of-home care entity may charge an applicant, 10,211
prospective adoptive parent, or prospective foster parent a fee 10,212
for the costs it incurs in obtaining a criminal records check 10,213
under this section. A fee charged under this division shall not 10,214
exceed the amount of fees the entity pays under division (C)(1) 10,215
of this section. If a fee is charged under this division, the 10,216
entity shall notify the applicant, prospective adoptive parent, 10,217
or prospective foster parent at the time of the person's initial 10,218
application for employment or for becoming an adoptive parent or 10,219
foster parent of the amount of the fee and that, unless the fee 10,220
is paid, the entity will not consider the person for employment 10,222
or as an adoptive parent or foster parent. 10,223
(D) The report of any criminal records check conducted by 10,225
the bureau of criminal identification and investigation in 10,226
accordance with section 109.572 of the Revised Code and pursuant 10,227
to a request made under division (A)(1) of this section is not a 10,228
public record for the purposes of section 149.43 of the Revised 10,229
Code and shall not be made available to any person other than the 10,230
applicant, prospective adoptive parent, or prospective foster 10,231
parent who is the subject of the criminal records check or the 10,232
applicant's or prospective adoptive or foster parent's 10,233
representative; the entity requesting the criminal records check 10,234
or its representative; the state department of human JOB AND 10,235
FAMILY services or a county department of human JOB AND FAMILY 10,237
services; and any court, hearing officer, or other necessary 10,239
individual involved in a case dealing with the denial of 10,240
employment to the applicant or the denial of consideration as an 10,241
adoptive parent or foster parent.
(E) The department DIRECTOR of human JOB AND FAMILY 10,244
228
services shall adopt rules pursuant to Chapter 119. of the 10,246
Revised Code to implement this section. The rules shall include 10,247
rehabilitation standards a person who has been convicted of or 10,249
pleaded guilty to an offense listed in division (B)(1) of this
section must meet for an entity to employ the person as a person 10,250
responsible for a child's care in out-of-home care or permit the 10,251
person to become an adoptive parent or foster parent. 10,252
(F) Any person required by division (A)(1) of this section 10,254
to request a criminal records check shall inform each person, at 10,255
the time of the person's initial application for employment with 10,256
an entity as a person responsible for a child's care in 10,257
out-of-home care or the person's initial application for becoming 10,258
an adoptive parent or foster parent, that the person is required 10,259
to provide a set of impressions of the person's fingerprints and 10,260
that a criminal records check is required to be conducted and 10,261
satisfactorily completed in accordance with section 109.572 of 10,262
the Revised Code if the person comes under final consideration 10,263
for appointment or employment as a precondition to employment for 10,264
that position or if the person is to be given final consideration 10,265
as an adoptive parent or foster parent.
(G) As used in this section: 10,267
(1) "Applicant" means a person who is under final 10,269
consideration for appointment or employment as a person 10,270
responsible for a child's care in out-of-home care. 10,271
(2) "Person responsible for a child's care in out-of-home 10,273
care" has the same meaning as in section 2151.011 of the Revised 10,274
Code, except that it does not include a prospective employee of 10,275
the department of youth services or a person responsible for a 10,276
child's care in a hospital or medical clinic other than a 10,277
children's hospital. 10,278
(3) "Children's hospital" means any of the following: 10,280
(a) A hospital registered under section 3701.07 of the 10,282
Revised Code that provides general pediatric medical and surgical 10,283
care, and in which at least seventy-five per cent of annual 10,284
229
inpatient discharges for the preceding two calendar years were 10,285
individuals less than eighteen years of age; 10,286
(b) A distinct portion of a hospital registered under 10,288
section 3701.07 of the Revised Code that provides general 10,289
pediatric medical and surgical care, has a total of at least one 10,290
hundred fifty registered pediatric special care and pediatric 10,291
acute care beds, and in which at least seventy-five per cent of 10,292
annual inpatient discharges for the preceding two calendar years 10,293
were individuals less than eighteen years of age; 10,294
(c) A distinct portion of a hospital, if the hospital is 10,296
registered under section 3701.07 of the Revised Code as a 10,297
children's hospital and the children's hospital meets all the 10,298
requirements of division (G)(3)(a) of this section. 10,299
(4) "Criminal records check" has the same meaning as in 10,301
section 109.572 of the Revised Code. 10,302
(5) "Minor drug possession offense" has the same meaning 10,304
as in section 2925.01 of the Revised Code. 10,305
Sec. 2301.35. (A) Each county shall have a child support 10,314
enforcement agency. A government entity designated under this 10,316
section prior to the effective date of this amendment OCTOBER 1, 10,317
1997, or a private or government entity designated under section 10,318
307.981 of the Revised Code on or after that date may serve as a 10,319
county's child support enforcement agency. 10,320
(B) Each child support enforcement agency shall enter into 10,323
a plan of cooperation with the board of county commissioners 10,324
under section 307.983 of the Revised Code and comply with the 10,325
partnership agreement the board enters into under section 307.98 10,326
and contracts the board enters into under sections 307.981 and 10,327
307.982 of the Revised Code that affect the agency.
(C) The child support enforcement agency for a county is 10,329
the local Title IV-D agency for the county and shall operate a 10,330
program for support enforcement in the county, which program 10,331
shall comply with Title IV-D of the "Social Security Act," 88 10,332
Stat. 2351 (1975), 42 U.S.C. 651, as amended, any rules adopted 10,333
230
pursuant to that title, and sections 2151.23, 2151.231, 2151.232, 10,334
2151.33, 2301.34 to 2301.46, 3105.18, 3105.21, 3109.05, 3109.19, 10,336
3111.13, 3111.20, 3111.211, 3111.22, 3113.04, 3113.21 to 10,338
3113.219, 3113.31, and 3115.31 of the Revised Code. Each child 10,339
support enforcement agency shall be operated under the 10,341
supervision of the state department of human JOB AND FAMILY 10,342
services in accordance with the program of child support 10,345
enforcement established pursuant to section 5101.31 of the 10,346
Revised Code, shall be responsible in the county it serves for 10,347
the enforcement of support orders, and shall perform all 10,348
administrative duties related to the enforcement of any support 10,350
order. Except as provided in division (H) of this section and 10,351
pursuant to sections 2301.38 and 2301.45 of the Revised Code, no
child support enforcement agency shall collect any support 10,353
amounts due under a support order as part of its duties to 10,354
enforce support orders. No child support enforcement agency 10,355
shall use any social security number made available to it under 10,356
section 3705.07 of the Revised Code for any purpose other than 10,357
child support enforcement. The department shall ensure that all 10,358
child support enforcement agencies comply with all applicable 10,359
state and federal support regulations, including the affirmative 10,360
duties of Title IV-D of the Social Security Act. 10,361
Each child support enforcement agency may enter into 10,363
contracts with public agencies and private vendors for assistance 10,364
in establishing paternity or support obligations, or for the 10,365
performance of other administrative duties of the agency. Each 10,366
child support enforcement agency may contract with a collection 10,367
agent for the collection of arrearages owed under child support 10,369
orders being administered by the agency. Before entering into a 10,370
contract for assistance in establishing paternity or support 10,371
obligations, for other administrative services, or for the 10,372
collection of arrearages by a collection agent, a child support 10,373
enforcement agency shall comply with sections 307.86 to 307.92 of 10,374
the Revised Code and any rules adopted by the state department 10,375
231
DIRECTOR of human JOB AND FAMILY services pursuant to division 10,377
(D)(1) of this section.
(D)(1) The state department DIRECTOR of human JOB AND 10,380
FAMILY services shall adopt rules under Chapter 119. of the 10,381
Revised Code governing the operation of support enforcement by 10,382
child support enforcement agencies. The rules shall include, but 10,383
shall not be limited to, provisions relating to contracts between 10,384
the agencies and boards of county commissioners entered into 10,385
under division (B)(1) of this section, requirements for public 10,386
hearings by the agencies, and provisions for appeals of agency 10,387
decisions under procedures established by the department 10,389
DIRECTOR.
(2) The state department DIRECTOR of human JOB AND FAMILY 10,392
services shall adopt in accordance with Chapter 119. of the 10,393
Revised Code rules governing the establishment by child support 10,394
enforcement agencies of on-site genetic testing programs to be 10,395
used in actions under sections 3111.01 to 3111.19 of the Revised 10,396
Code and in administrative procedures under sections 3111.20 to 10,397
3111.29 of the Revised Code. The rules shall include, but are 10,398
not limited to, provisions relating to the environment in which a 10,399
blood or buccal cell sample may be drawn, the medical personnel 10,400
who may draw a sample, the trained personnel who may perform the 10,401
genetic comparison, the types of genetic testing that may be 10,402
performed on a sample, and the procedure for notifying the court 10,403
of the location at which the sample will be drawn, who will draw 10,404
the sample, and who will perform the genetic testing on the 10,405
sample, and any other procedures or standards the department 10,407
DIRECTOR determines are necessary for the implementation of 10,408
on-site genetic testing. 10,409
(E) Each child support enforcement agency designated under 10,411
this section shall enter into written agreements with the courts, 10,412
the prosecuting attorney, and law enforcement officials of the 10,413
county it serves, which agreements shall establish cooperative 10,414
working arrangements and specify areas of responsibility for the 10,415
232
enforcement of support among the agency, courts, and officials. 10,416
The agreements shall provide for the reimbursement of the courts 10,417
and law enforcement officials for the responsibilities they 10,418
assume and actions they undertake pursuant to such agreements. 10,419
(F)(1) A child support enforcement agency shall maintain 10,422
records of support orders being administered or otherwise handled 10,423
by the agency pursuant to section 5101.319 of the Revised Code.
(2) Each obligor and each obligee under a support order 10,425
may review all records maintained under division (F)(1) of this 10,427
section that pertain to the support order and any other
information maintained by the child support enforcement agency, 10,429
except to the extent prohibited by state or federal law. 10,430
(G)(1) A court or administrative agency that issues or 10,433
modifies a support order shall impose a processing charge that is 10,435
the greater of two per cent of the support payment to be 10,436
collected under a support order or one dollar per month on the 10,437
obligor under the support order. The obligor shall pay the 10,440
amount with every current support payment, and with every payment 10,441
on arrearages. No court or agency may call the charge a poundage 10,442
fee.
(2) The board of county commissioners of each county shall 10,444
budget and appropriate to the child support enforcement agency 10,445
serving the county all of the following: 10,446
(a) All federal money payable to the child support 10,448
enforcement agency on the basis of its success in implementing 10,450
activities related to child support enforcement under Title IV-D 10,451
of the Social Security Act; 10,452
(b) Any funds that may be received from other federal or 10,454
state sources for the child support enforcement agency; 10,455
(3) All moneys received from the federal or state 10,458
government for reimbursement for support enforcement activities 10,459
shall be used solely for support enforcement activities. 10,460
(4) A board of county commissioners may request that the 10,462
department of human JOB AND FAMILY services grant a waiver of the 10,464
233
requirement that the money specified in division (G)(2)(a) of 10,465
this section be budgeted and appropriated to the child support 10,467
enforcement agency if the board can demonstrate, by meeting 10,468
criteria established by the department, that the child support 10,469
enforcement agency is effectively using procedures for 10,470
establishing paternity, meeting the mandated service needs of 10,471
clients, and complying with all applicable state and federal 10,472
support rules and regulations.
(5) A child support enforcement agency may invest any of 10,474
the moneys collected pursuant to the performance of its duties 10,475
under sections 2301.34 to 2301.46 of the Revised Code in a 10,477
repurchase agreement in which a bank agrees to sell short-term 10,478
federally guaranteed securities with an obligation of the bank to 10,479
repurchase the securities. All interest derived pursuant to 10,480
investments made under this division shall be retained by the 10,481
child support enforcement agency and used solely for support 10,482
enforcement activities. 10,483
(H)(1) Notwithstanding any other section of the Revised 10,486
Code and except as provided in division (H)(4) of this section, a 10,488
child support enforcement agency shall collect and disburse all
support amounts under a support order it is administering 10,490
pursuant to law as it existed prior to the effective date of this 10,492
amendment JANUARY 1, 1998, and shall collect the additional 10,494
amount imposed under division (G)(1) of this section as it 10,495
existed prior to the effective date of this amendment JANUARY 1, 10,497
1998, until the support order is converted to the automated data 10,498
processing system under section 5101.322 of the Revised Code and 10,500
the division of child support in the department of human JOB AND 10,501
FAMILY services authorizes centralized collection and 10,503
disbursement of support amounts under the support order pursuant 10,504
to the rules adopted under division (F)(1) of section 5101.325 of 10,505
the Revised Code. Once the support order is converted and the 10,508
division gives the authorization, the support amounts and the 10,509
additional amount shall be collected, and the support amount 10,510
234
shall be disbursed, under the support order according to the 10,511
provisions of House Bill No. 352 of the 122nd general assembly. 10,512
(2) Notwithstanding any other section of the Revised Code 10,515
and except as provided in division (H)(4) of this section, the 10,516
agency administering the support order shall collect the amounts 10,517
permitted to be collected, and perform other duties required, 10,518
with respect to the support order pursuant to division (D)(1) of 10,519
section 2301.373, division (B)(3)(a) of section 2301.374, 10,521
divisions (E)(4)(b), (F), and (I) of section 3111.23, division 10,522
(E) of section 3111.99, divisions (G)(4)(b), (H)(3), and (K) of 10,525
section 3113.21, division (B) of section 3113.212, division (E) 10,527
of section 3113.99, and division (A)(3) of section 5101.323 of 10,529
the Revised Code as those sections existed prior to the effective 10,531
date of this amendment JANUARY 1, 1998, and the agency shall 10,532
collect the amounts permitted to be collected by the division, 10,533
and perform other duties required of the division, with respect 10,534
to the support order pursuant to division (D)(1)(a) of section 10,536
2301.375 and division (D)(2) of section 2301.43 of the Revised 10,538
Code as those sections are enacted by House Bill No. 352 of the 10,540
122nd general assembly, until the support order is converted and 10,541
authorization for centralized collection and disbursement is 10,542
given. Once the support order is converted and the authorization 10,544
is given, the amounts shall be collected, and the duties shall be 10,546
performed, by the division according to the provisions of House 10,547
Bill No. 352 of the 122nd general assembly. 10,548
(3) All support orders shall be converted and all 10,550
authorizations shall be given by the division prior to July 1, 10,551
1999.
(4)(a) After conversion occurs and authorization for 10,554
centralized collection and disbursement is granted pursuant to 10,555
this section, a child support enforcement agency may continue to 10,556
collect the following amounts from obligors who pay the amounts 10,557
in person at the office of the agency:
(i) Current support amounts and arrearages due under a 10,560
235
support order being administered by the agency and the additional 10,561
amount imposed pursuant to division (G)(1) of this section with 10,562
respect to the order; 10,563
(ii) Amounts collected pursuant to division (D)(1) of 10,566
section 2301.373, divisions (B)(3)(a) and (C)(3)(a) of section 10,568
2301.374, section 2301.375, division (D)(2) of section 2301.43, 10,570
division (E) of section 3111.99, division (E) of section 3113.99, 10,573
and division (A)(3) of section 5101.323 of the Revised Code. 10,575
(b) All amounts collected pursuant to division (H)(4)(a) 10,578
of this section shall be forwarded to the division no later than 10,579
one day after receipt of the amounts. 10,580
(5) Amounts collected by a collection agent that has a 10,582
contract with a child support enforcement agency pursuant to 10,583
division (C) of this section shall be paid to the division. The 10,585
agency shall forward any amounts collected pursuant to sections 10,586
2301.38 and 2301.45 of the Revised Code to the division no later 10,587
than one day after receipt of those amounts.
(I)(1) Subject to division (I)(2) of this section, all 10,589
support orders that are administered by a child support 10,590
enforcement agency designated under this section and are eligible 10,591
for Title IV-D services shall be Title IV-D cases under Title 10,592
IV-D of the "Social Security Act." Subject to division (I)(2) of 10,593
this section, all obligees of support orders administered by the 10,594
child support enforcement agency shall be considered to have 10,595
filed a signed application for Title IV-D services. 10,596
(2) A court that issues or modifies a support order shall 10,599
require the obligee under the order to sign, at the time of the 10,600
issuance or modification of the order, an application for Title 10,601
IV-D services and to file, as soon as possible, the signed 10,602
application with the child support enforcement agency that will 10,603
administer the order. The application shall be on a form 10,604
prescribed by the department of human JOB AND FAMILY services. A 10,605
support order that is administered by a child support enforcement 10,607
agency, and that is eligible for Title IV-D services shall be a 10,608
236
Title IV-D case under Title IV-D of the "Social Security Act" 10,609
only upon the filing of the signed application for Title IV-D 10,610
services.
(3) A child support enforcement agency shall make 10,612
available an application for Title IV-D services to all persons 10,613
requesting a child support enforcement agency's assistance in an 10,614
action under sections 3111.01 to 3111.19 of the Revised Code or 10,615
in an administrative proceeding brought under sections 3111.20 to 10,616
3111.29 of the Revised Code. 10,617
(J)(1) As used in this section, "current support payment" 10,619
means the amount of support due an obligee that an obligor is 10,620
required to pay in a particular payment for the current month as 10,621
specified in a support order. "Current support payment" does not 10,622
include payments on arrearages under the support order. 10,623
(2) As used in the Revised Code, "child support 10,625
enforcement agency" means the child support enforcement agency 10,626
designated under this section prior to the effective date of this 10,627
amendment OCTOBER 1, 1997, or a private or government entity 10,629
designated a child support enforcement agency under section 10,630
307.981 of the Revised Code on or after that date.
Sec. 2301.356. If a child support enforcement agency is 10,639
made a party to an action brought to establish a parent and child 10,640
relationship under sections 3111.01 to 3111.19 of the Revised 10,641
Code and the court orders the parties to the action to submit to 10,643
genetic testing or the agency orders the parties to submit to 10,644
genetic testing under sections 3111.22 to 3111.29 of the Revised 10,645
Code, the agency shall provide for collection of samples and 10,647
performance of genetic testing in accordance with generally 10,648
accepted medical techniques. If a court ordered the genetic 10,649
testing, the agency shall inform the court of the procedures for 10,650
collecting the samples and performing the genetic tests, in 10,651
accordance with the rules governing on-site genetic testing 10,652
adopted by the department DIRECTOR of human JOB AND FAMILY 10,653
services pursuant to section 2301.35 of the Revised Code. 10,654
237
Sec. 2301.358. (A) A child support enforcement agency, in 10,663
accordance with the rules adopted by the department DIRECTOR of 10,664
human JOB AND FAMILY services pursuant to division (B) of this 10,666
section, shall employ an administrative officer, contract with 10,667
another entity to provide an administrative officer, or contract 10,668
with an individual to serve as an administrative officer to 10,669
issue, in accordance with sections 3111.22 to 3111.29 and 10,670
3113.215 of the Revised Code, administrative orders determining 10,672
the existence or nonexistence of a parent and child relationship 10,673
and requiring the payment of child support, or in accordance with 10,674
sections 3111.20, 3111.23 to 3111.29, and 3113.215 of the Revised 10,675
Code, administrative orders requiring the payment of child 10,677
support.
(B) The department DIRECTOR of human JOB AND FAMILY 10,680
services shall adopt rules in accordance with Chapter 119. of the 10,682
Revised Code regulating administrative officers who issue 10,683
administrative orders described in division (A) of this section, 10,685
including, but not limited to: 10,686
(1) The qualifications of the administrative officer; 10,688
(2) Any other procedures, requirements, or standards 10,690
necessary for the employment of the administrative officer. 10,691
Sec. 2301.36. (A) Upon issuing or modifying a support 10,700
order, issuing any withholding or deduction notice described in 10,701
division (D) of section 3113.21 of the Revised Code, or issuing a 10,702
court order described in division (D)(3) or (4) of that section, 10,704
the court shall require that support payments be made to the 10,705
division of child support in the department of human JOB AND 10,707
FAMILY services as trustee for remittance to the person entitled 10,708
to receive payments, except as otherwise provided in division (H) 10,709
of section 2301.35 or sections 2151.49 and 3113.07 of the Revised 10,710
Code. Any payment of money by the person responsible for the 10,711
support payments under a support order to the person entitled to 10,712
receive the support payments that is not made to the division in 10,713
accordance with the applicable support order shall not be 10,716
238
considered as a payment of support and, unless the payment is 10,717
made to discharge an obligation other than support, shall be 10,718
deemed to be a gift. Division (C) of section 3113.211 and 10,719
section 5101.325 of the Revised Code apply to support payments 10,721
made to the division. 10,722
(B) When a support order is issued or modified, a 10,725
withholding or deduction notice described in division (D) of 10,726
section 3113.21 or division (B) of section 3111.23 of the Revised 10,728
Code is issued, or an order described in division (D)(3) or (4) 10,730
of section 3113.21 or section 3111.231 of the Revised Code is 10,731
issued, or at any time after the support order is issued or 10,734
modified, the court may order the division to, or the agency may 10,737
issue an order requiring the division to, transmit the payments 10,739
or make them payable to any third person that is either agreed 10,740
upon by the parties and approved by the court or appointed by the 10,741
court, with respect to a court-issued support order, or is either 10,742
agreed upon by the parties and approved by the agency or
appointed by the agency, with respect to an administrative 10,743
support order. Third persons include, but are not limited to, a 10,744
trustee, a custodian, the guardian of the estate of the child, 10,745
the county department of human JOB AND FAMILY services, public 10,746
children services agency, or any appropriate social agency. 10,748
(C) Any person named pursuant to division (B) of this 10,750
section is entitled to receive the support payments. The court 10,751
may allow the person to receive a reasonable fee for services 10,752
rendered pursuant to this section. The person shall make 10,753
financial reports in connection with these services at the time 10,754
and in the manner prescribed by the court or as required by law. 10,755
(D) The parties affected by the support order shall inform 10,757
the child support enforcement agency of any change of name or 10,758
address or other change of conditions that may affect the 10,759
administration of the order. 10,760
(E) Any person entitled to receive support payments either 10,762
personally or on behalf of another person, by reason of any 10,763
239
support order that does not direct that payments be made to the 10,764
division, may apply to the appropriate agency for the 10,767
administration of the order. Upon receipt of the application, 10,768
the agency has the same powers to administer the order as it 10,769
would have had if the order had been entered under division (A) 10,770
of this section. The agency shall notify the obligor by any 10,771
method of service authorized under the Civil Rules to make all 10,772
support payments due after service of the notice upon the obligor 10,773
to the division. An obligor so notified by a child support 10,774
enforcement shall make all subsequent payments to the division 10,776
unless the involved court, upon the obligor's application filed 10,778
within thirty days after service of the notice upon the obligor, 10,779
orders the child support enforcement agency not to administer the 10,780
support order. 10,781
Sec. 2301.37. (A) If the records maintained by a child 10,790
support enforcement agency indicate that an obligor is in 10,792
default, the agency shall comply with section 3113.21 of the 10,793
Revised Code.
(B) If the court is required to issue a withholding or 10,795
deduction notice under division (D) of section 3113.21 of the 10,796
Revised Code or to issue a court order described in division 10,797
(D)(3) or (4) of that section and fails to do so, if the court 10,799
issued an order under division (B)(1) of section 3113.21 of the 10,800
Revised Code, as it existed immediately preceding December 1, 10,801
1986, or issues a withholding or deduction notice under division 10,802
(D) of section 3113.21 of the Revised Code or issues a court 10,803
order described in division (D)(3) or (4) of that section and the 10,805
court determines that the order, withholding or deduction notice 10,806
will not ensure payment of the support due under the child 10,807
support order, or if the obligor fails after the issuance of a 10,808
notice or court order under section 3113.21 of the Revised Code 10,809
to comply with the notice or court order, the court shall notify 10,810
the child support enforcement agency, and the agency shall notify 10,811
the obligee of the default, of the obligee's rights and remedies, 10,812
240
and that the child support enforcement agency is the agency 10,813
responsible in the county for enforcing support orders under 10,815
section 2301.35 of the Revised Code, Title IV-D of the "Social 10,816
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, 10,817
and section 5101.31 of the Revised Code. The notice shall 10,818
contain a printed explanation of the provisions of sections 10,819
2301.37 to 2301.40 and 3113.21 of the Revised Code.
(C) No child support enforcement agency, solely because 10,821
the support due under a support order has not been paid or has 10,822
not been paid periodically or recently, shall consider, list, or 10,823
otherwise administer the support order or the case pertaining to 10,824
it as if either were closed or close the files or the case 10,825
pertaining to the support order. The department DIRECTOR of 10,826
human JOB AND FAMILY services shall adopt, revise, or amend rules 10,828
under Chapter 119. of the Revised Code to assist in the 10,829
implementation of this division. 10,830
Sec. 2301.371. (A) If a child support enforcement agency 10,839
discovers pursuant to an investigation conducted under section 10,840
2301.37 of the Revised Code that an obligor under a child support 10,841
order that it is administering may be receiving unemployment 10,842
compensation benefits or if a child support enforcement agency 10,843
receives notice or otherwise discovers that an obligor under a 10,844
child support order may be receiving unemployment compensation 10,845
benefits, the agency promptly shall conduct an investigation to 10,846
determine whether the obligor is receiving unemployment 10,847
compensation benefits and to determine the amount of the 10,848
benefits. The investigation shall be completed within ten days 10,849
of the agency's discovery or receipt of the notice. 10,850
(B) Upon completion of an investigation conducted under 10,852
division (A) of this section, if the agency finds that the 10,853
obligor is receiving unemployment compensation benefits, it 10,854
shall, in accordance with sections 3111.20 to 3111.28 and 3113.21 10,855
to 3113.219 of the Revised Code, division (D)(4) of section 10,857
4141.28 of the Revised Code, and federal law governing the bureau 10,858
241
DEPARTMENT of employment JOB AND FAMILY services, notify the 10,859
bureau DEPARTMENT of employment JOB AND FAMILY services to 10,860
withhold or deduct an amount from the unemployment compensation 10,862
benefits to pay child support obligations. 10,863
The agency may not impose the processing charge pursuant to 10,865
division (G)(1) of section 2301.35 of the Revised Code with 10,866
respect to amounts withheld or deducted from unemployment 10,868
compensation pursuant to this section.
(C) The department DIRECTOR of human JOB AND FAMILY 10,871
services shall adopt rules in accordance with Chapter 119. of the 10,872
Revised Code to implement this section, which rules shall be 10,873
consistent with division (D)(4) of section 4141.28 of the Revised 10,874
Code and federal law governing the bureau of employment services 10,875
DEPARTMENT.
Sec. 2301.372. If a court or a child support enforcement 10,885
agency fails to comply with the requirements of section 2301.37 10,886
or 3113.21 of the Revised Code and if the rights to support have 10,887
been assigned to the department of human JOB AND FAMILY services
under section 5107.20 of the Revised Code or the responsibility 10,889
for the collection of support has been assumed under Title IV-D 10,890
of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 10,891
651, as amended, the child support enforcement agency shall, 10,892
unless the office of the prosecuting attorney has been designated 10,893
as the child support enforcement agency for the county, notify 10,894
the prosecuting attorney of the county in which the obligee 10,896
resides. If the office of the prosecuting attorney has been 10,897
designated as the child support enforcement agency, the board of 10,898
county commissioners of the county shall seek a writ of mandamus 10,899
under Chapter 2731. of the Revised Code directing the prosecuting 10,900
attorney to comply with the requirements of this section and 10,901
section 2301.37 or 3113.21 of the Revised Code. Upon receipt of 10,902
the notice or the issuance of the writ of mandamus, the 10,903
prosecuting attorney shall commence either or both of the 10,904
following: 10,905
242
(A) Proceedings under section 3113.21 of the Revised Code 10,907
requesting the issuance of one or more orders under division (D) 10,908
of that section; 10,909
(B) A civil action in the small claims division of the 10,911
municipal or county court within whose jurisdiction the obligor 10,912
resides. 10,913
Sec. 2301.373. (A)(1) As used in this section and 10,922
sections 2301.374 and 2301.375 of the Revised Code, "child 10,925
support order" means any order issued for the support of a child 10,926
pursuant to Chapter 3115. or section 2151.23, 2151.231, 2151.232, 10,927
2151.36, 2151.49, 3105.21, 3109.05, 3111.13, 3111.20, 3111.211, 10,928
3111.22, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised 10,929
Code.
(2) As used in this section: 10,931
(a) "Board" means any entity that has the authority 10,933
pursuant to Title XLVII of the Revised Code to issue a license, 10,934
and any other agency of this state, other than the supreme court, 10,935
that has the authority to issue a license that authorizes an 10,936
individual to engage in an occupation or profession. "Board" 10,937
includes an administrative officer that has authority to issue a 10,938
license that authorizes an individual to engage in an occupation 10,939
or profession.
(b) "License" includes a license, certificate, permit, 10,941
registration, or other authorization to engage in an occupation 10,942
or profession. 10,943
(c) "Obligor" means an individual required to pay support 10,945
under a child support order. 10,946
(B)(1) If a court or child support enforcement agency 10,948
makes a final and enforceable determination pursuant to division 10,949
(B) of section 3113.21 of the Revised Code that an individual is 10,950
in default under a child support order, the agency administering 10,952
the child support order may determine whether the individual 10,953
holds a license issued by a board or, if possible, whether the 10,956
individual has applied for, or is likely to apply for, a license. 10,958
243
If the agency determines that the individual is a license holder,
has applied for, or is likely to apply for a license, it shall 10,959
send to the individual the notice specified in division (C) of 10,961
this section. The agency also may send a notice to the board 10,962
that gives the name and social security number or other 10,963
identifying number of the individual and states that a court or 10,964
agency has determined the individual to be in default under a 10,965
child support order. 10,966
(2) If an obligor fails, after receiving appropriate 10,969
notice, to comply with a subpoena or warrant issued by the court 10,970
or a child support enforcement agency with respect to a 10,971
proceeding to enforce a child support order, the agency 10,972
administering or handling the child support order may determine 10,973
whether the obligor holds a license or, if possible, whether the 10,975
obligor has applied for, or is likely to apply for, a license. 10,976
If the agency determines that the obligor is a license holder, 10,977
has applied for, or is likely to apply for a license, it shall 10,978
send the obligor the notice specified in division (C) of this 10,979
section. The agency may also send a notice to the board that 10,980
gives the name and social security number or other identifying 10,981
number of the obligor and states that the obligor has failed to 10,982
comply with a warrant or subpoena issued by a court or child 10,983
support enforcement agency with respect to a proceeding to 10,984
enforce a child support order. 10,985
(C) Notice shall be sent to the individual described in 10,988
division (B) of this section in compliance with division (G)(1) 10,989
of section 3113.21 of the Revised Code. The notice shall specify 10,990
that a court or agency has determined the individual to be in
default under a child support order or that the individual is an 10,991
obligor who has failed to comply with a subpoena or warrant 10,992
issued by a court or agency with respect to a proceeding to 10,993
enforce a child support order, that a notice containing the 10,994
individual's name and social security number or other 10,996
identification number may be sent under division (B) of this 10,998
244
section to every board that has authority to issue or has issued
the individual a license, and that, if the board receives that 10,999
notice and determines that the individual is the individual named 11,001
in that notice and the board has not received notice under 11,002
division (D) of this section, all of the following will occur: 11,003
(1) The board will not issue any license to the individual 11,005
or renew any license of the individual; 11,006
(2) The board will suspend any license of the individual 11,008
if it determines that the individual is the individual named in 11,009
the notice sent to the board under division (B) of this section; 11,011
(3) If the individual is the individual named in the 11,013
notice, the board will not issue any license to the individual, 11,015
and will not reinstate a suspended license, until the board 11,016
receives a notice under division (D) of this section. 11,017
(D)(1) An agency that sent a notice to a board under 11,020
division (B)(1) of this section shall send to each board to which 11,021
it sent the notice a further notice that the individual is not in 11,022
default under a child support order if it determines that the 11,023
individual is not in default or any of the following occurs: 11,024
(a) The individual makes full payment to the division of 11,027
child support in the department of human JOB AND FAMILY services
or, pursuant to division (H)(4) of section 2301.35 of the Revised 11,029
Code, the child support enforcement agency of the arrearage that 11,032
was the basis for the court or agency determination that the
individual was in default; 11,033
(b) An appropriate withholding or deduction notice or 11,035
other appropriate order has been issued pursuant to section 11,037
3113.21 of the Revised Code to collect current support and any 11,038
arrearage due under the child support order that was in default 11,039
and the individual is complying with the notice or order; 11,040
(c) A new child support order has been issued or the child 11,042
support order that was in default has been modified as provided 11,044
under sections 3113.21 to 3113.219 of the Revised Code to collect 11,045
current support and any arrearage due under the child support 11,047
245
order that was in default and the individual is complying with 11,048
the new or modified child support order.
The agency shall send the notice under this division not 11,050
later than seven days after the agency determines the individual 11,051
is not in default or that any of the circumstances specified in 11,052
division (D)(1)(a), (b), or (c) of this section has occurred. 11,054
(2) An agency that sent a notice to a board under division 11,057
(B)(2) of this section shall send to each board to which it sent 11,058
the notice a further notice that the obligor is no longer out of 11,059
compliance if the court or agency that issued the warrant or 11,060
subpoena removes the warrant or determines that the obligor has 11,061
complied with the subpoena. 11,062
The agency shall send the notice under this division not 11,064
later than seven days after the agency determines that either of 11,065
the circumstances specified in division (D)(2) has occurred. 11,067
(E)(1) A board shall require each application for a 11,069
license, or renewal of a license, issued by the board to include 11,070
the applicant's social security number. 11,071
(2) On receipt of a notice pursuant to division (B) of 11,074
this section, a board shall determine whether the individual 11,075
named in the notice holds or has applied for a license from the 11,076
board. If the board determines that the individual holds or has 11,078
applied for a license and the individual is the individual named 11,079
in the notice and does not receive a notice pursuant to division 11,080
(D) of this section, the board may not issue a license to the 11,081
individual, may not renew a license issued to the individual, and 11,082
shall suspend any license issued to the individual.
(3) The board shall maintain a file containing each notice 11,084
it receives pursuant to division (B) of this section that names 11,086
an individual who does not hold a license issued by the board. 11,087
On receipt of an application for a license from such an 11,088
individual, the board shall proceed in accordance with division 11,089
(E)(2) of this section.
(4) Not later than seven days after receipt of a notice 11,091
246
pursuant to division (D) of this section, the board shall, if the 11,094
individual is otherwise eligible for the license and wants the 11,095
license, issue a license to or renew a license of the individual, 11,096
or if the individual's license was suspended pursuant to division 11,097
(E)(2) of this section, end the suspension. The board may charge 11,099
a fee of not more than fifty dollars to issue or renew or end the 11,100
suspension of a license pursuant to this division.
(5) Notwithstanding section 119.06 of the Revised Code, 11,103
the board shall not hold any hearing in connection with an order 11,104
refusing to issue or renew a license for, or suspending a license 11,105
of, an individual pursuant to this section. 11,106
(F) The department DIRECTOR of human JOB AND FAMILY 11,109
services may adopt rules in accordance with Chapter 119. of the 11,111
Revised Code to implement this section.
Sec. 2301.374. (A) The director of human JOB AND FAMILY 11,120
services services shall specify a date for the purposes of this 11,122
section, which shall be the later of the date the support 11,123
enforcement tracking system is expected to be operational in all
the counties of the state, or November 15, 1997. 11,124
(B)(1)(a) If a court or child support enforcement agency 11,127
makes a final and enforceable determination pursuant to division
(B) of section 3113.21 of the Revised Code prior to the date 11,128
specified under division (A) of this section that an individual 11,129
is in default under a child support order, the agency 11,130
administering the child support order may determine whether the 11,131
individual holds a commercial driver's license or commercial 11,132
driver's temporary instruction permit issued by the registrar of 11,133
motor vehicles or a deputy registrar or, if possible, whether the 11,134
individual has applied, or is likely to apply, for such a license 11,135
or permit. If the agency determines that the individual holds, 11,136
has applied for, or is likely to apply for, such a license or 11,137
permit, it shall send the individual the notice specified in 11,139
division (B)(2) of this section. The agency also may send a 11,140
notice to the registrar that gives the name and social security 11,141
247
number or other identifying number of the individual and states 11,142
that a court or agency has determined the individual to be in 11,143
default under a child support order.
(b) If an individual required to pay support under a child 11,146
support order prior to the date specified in division (A) of this 11,147
section fails, after receiving appropriate notice, to comply with 11,148
a subpoena or warrant issued by the court or a child support 11,149
enforcement agency with respect to a proceeding to enforce a 11,150
child support order, the agency administering the child support 11,151
order may determine whether the individual holds a commercial 11,152
driver's license or commercial driver's temporary instruction 11,153
permit issued by the registrar of motor vehicles or a deputy 11,154
registrar or, if possible, whether the individual has applied, or 11,155
is likely to apply, for such a license or permit. If the agency 11,156
determines that the individual holds, has applied for, or is 11,157
likely to apply for, such a license or permit, it shall send the 11,158
individual the notice specified in division (B)(2) of this 11,160
section. The agency may also send a notice to the registrar of 11,161
motor vehicles that gives the name and social security number or 11,162
other identifying number of the individual and states that the 11,163
individual has failed to comply with a warrant or subpoena issued 11,164
by a court or child support enforcement agency with respect to a 11,165
proceeding to enforce a child support order. 11,166
(2) Notice shall be sent to the individual described in 11,169
division (B)(1) of this section in compliance with division 11,170
(G)(1) of section 3113.21 of the Revised Code. The notice shall 11,171
specify that a court or agency has determined the individual to 11,173
be in default under a child support order or that the individual 11,174
is an obligor under a child support order who has failed to 11,175
comply with a subpoena or warrant issued by a court or agency 11,176
with respect to a proceeding to enforce a child support order, 11,177
that a notice containing the individual's name and social 11,178
security number or other identification number may be sent under 11,179
division (B)(1) of this section to the registrar, and that, if 11,181
248
the registrar receives that notice and determines that the
individual is the individual named in that notice and the 11,182
registrar has not received notice under division (B)(3) of this 11,184
section, all of the following will occur:
(a) The registrar and all deputy registrars will be 11,187
prohibited from issuing to, or renewing for, the individual a 11,188
commercial driver's license or commercial driver's temporary
instruction permit; 11,189
(b) If the individual holds a commercial driver's license 11,191
or commercial driver's temporary instruction permit, the 11,192
registrar will impose a disqualification as defined in section 11,193
4506.01 of the Revised Code with respect to the license or permit 11,195
if the registrar determines that the individual is the individual 11,196
named in the notice sent pursuant to division (B)(1) of this 11,197
section;
(c) If the individual is the individual named in the 11,199
notice, the individual will not be issued, and the 11,200
disqualification will not be removed with respect to, any license 11,201
or permit listed in division (B)(2) of this section until the 11,202
registrar receives a notice under division (B)(3) of this 11,203
section. 11,204
(3)(a) An agency that sent a notice under division 11,207
(B)(1)(a) of this section shall send to the registrar a notice 11,209
that the individual is not in default under a child support order 11,210
if it determines that the individual is not in default or any of 11,211
the following occurs:
(i) The individual makes full payment to the division of 11,214
child support in the department of human JOB AND FAMILY services
services or, pursuant to division (H)(4) of section 2301.35 of 11,216
the Revised Code, the child support enforcement agency of the 11,217
arrearage that was the basis for the court or agency 11,218
determination that the individual was in default; 11,219
(ii) An appropriate withholding or deduction notice or 11,221
other appropriate order has been issued pursuant to section 11,222
249
3113.21 of the Revised Code to collect current support and any 11,223
arrearage due under the child support order that was in default 11,224
and the individual is complying with the notice or order; 11,225
(iii) A new child support order has been issued or the 11,227
child support order that was in default has been modified as 11,229
provided under sections 3113.21 to 3113.219 of the Revised Code 11,230
to collect current support and any arrearage due under the child 11,231
support order that was in default and the individual is complying 11,232
with the new or modified child support order. 11,233
The agency shall send the notice under this division not 11,235
later than seven days after it determines the individual is not 11,237
in default or that any of the circumstances specified in division 11,238
(B)(3)(a) of this section has occurred. 11,241
(b) An agency that sent a notice under division (B)(1)(b) 11,244
of this section shall send to the registrar a notice that the 11,246
individual is no longer out of compliance if the court or agency 11,247
that issued the warrant or subpoena removes the warrant or 11,248
determines that the individual has complied with the subpoena. 11,249
The agency shall send the notice under this division not 11,251
later than seven days after the agency determines that either of 11,253
the circumstances specified in division (B)(3)(b) has occurred. 11,255
(4)(a) On receipt of a notice pursuant to division (B)(1) 11,257
of this section, the registrar shall determine whether the 11,258
individual named in the notice holds or has applied for a 11,259
commercial driver's license or commercial driver's temporary 11,260
instruction permit. If the registrar determines that the 11,261
individual holds or has applied for a license or permit and the 11,262
individual is the individual named in the notice and does not 11,263
receive a notice pursuant to division (B)(3) of this section, the 11,264
registrar immediately shall provide notice of the determination 11,265
to each deputy registrar. The registrar or a deputy registrar 11,266
may not issue to the individual and may not renew for the
individual a commercial driver's license or commercial driver's 11,267
temporary instruction permit and the registrar shall impose a 11,268
250
disqualification on the individual with respect to the license or 11,269
permit held by the individual.
(b) The registrar shall maintain a list of names of 11,271
individuals identified in notices sent to the registrar pursuant 11,273
to division (B)(1) of this section that do not hold a commercial 11,274
driver's license or commercial driver's temporary instruction 11,275
permit. The registrar shall update the list quarterly and 11,276
provide each deputy registrar with a copy. On receipt of an
application for such a license or permit from an individual who 11,277
appears on the list, a deputy registrar shall notify the 11,278
registrar. On receipt of an application for such a license or 11,279
permit from such an individual or on receipt of a notice from a 11,280
deputy registrar pursuant to division (B)(4)(b) of this section, 11,281
the registrar shall proceed in accordance with division (B)(4)(a) 11,282
of this section.
(c) Not later than seven days after receipt of a notice 11,284
pursuant to division (B)(3) of this section, the registrar shall 11,285
notify each deputy registrar of the notice. The registrar and 11,287
each deputy registrar shall then, if the individual otherwise is 11,288
eligible for the license or permit and wants the license or
permit, issue a license or permit to, or renew a license or 11,289
permit of, the individual, or, if a disqualification was imposed 11,290
on the individual with respect to the individual's license or 11,291
permit pursuant to division (B)(4)(a) of this section, remove the 11,292
disqualification. The registrar or a deputy registrar may charge 11,293
a fee of not more than twenty-five dollars for issuing or 11,294
renewing a license or permit for an individual or removing the 11,295
disqualification imposed on the individual's license or permit 11,296
pursuant to this division. The fees collected by the registrar 11,297
pursuant to this section shall be paid into the state bureau of
motor vehicles fund established in section 4501.25 of the Revised 11,298
Code.
(d) Notwithstanding section 119.06 of the Revised Code, 11,301
the registrar shall not hold any hearing in connection with an 11,302
251
order refusing to issue or renew a license or permit for, or 11,303
imposing a disqualification with respect to a license or permit 11,304
of, an individual pursuant to this section.
(C)(1)(a) If a court or child support enforcement agency 11,307
makes a final and enforceable determination pursuant to division
(B) of section 3113.21 of the Revised Code on or after the date 11,308
specified under division (A) of this section that an individual 11,310
is in default under a child support order, the agency 11,311
administering the child support order may determine whether the 11,312
individual holds a driver's or commercial driver's license, 11,313
motorcycle operator's license or endorsement, temporary 11,314
instruction permit, or commercial driver's temporary instruction
permit issued by the registrar of motor vehicles or a deputy 11,315
registrar or, if possible, whether the individual has applied, or 11,317
is likely to apply, for such a license, endorsement, or permit. 11,318
If the agency determines that the individual holds, has applied 11,319
for, or is likely to apply for, such a license, endorsement, or 11,320
permit, it shall send to the individual the notice specified in 11,321
division (C)(2) of this section. The agency also may send a 11,322
notice to the registrar of motor vehicles that gives the name and 11,323
social security number or other identifying number of the
individual and states that a court or agency has determined the 11,324
individual to be in default under a child support order. 11,325
(b) If an individual required to pay support under a child 11,328
support order on or after the date specified in division (A) of 11,329
this section fails, after receiving appropriate notice, to comply 11,330
with a subpoena or warrant issued by the court or a child support 11,331
enforcement agency with respect to a proceeding to enforce a 11,332
child support order, the agency administering the child support
order may determine whether the individual holds a driver's or 11,334
commercial driver's license, motorcycle operator's license or 11,335
endorsement, temporary instruction permit, or commercial driver's 11,336
temporary instruction permit issued by the registrar of motor 11,337
vehicles or a deputy registrar or, if possible, whether the 11,338
252
individual has applied, or is likely to apply, for such a 11,339
license, endorsement, or permit. If the agency determines that 11,340
the individual holds, has applied for, or is likely to apply for, 11,341
such a license, endorsement, or permit, it shall send the 11,342
individual the notice specified in division (C)(2) of this 11,344
section. The agency may also send a notice to the registrar of 11,345
motor vehicles that gives the name and social security number or 11,346
other identifying number of the individual and states that the 11,347
individual has failed to comply with a warrant or subpoena issued 11,348
by a court or child support enforcement agency with respect to a 11,349
proceeding to enforce a child support order. 11,350
(2) Notice shall be sent to the individual described in 11,352
division (C)(1) of this section in compliance with division 11,353
(G)(1) of section 3113.21 of the Revised Code. The notice shall 11,354
specify that a court or agency has determined the individual to 11,355
be in default under a child support order or that the individual 11,356
is an obligor under a child support order who has failed to
comply with a subpoena or warrant issued by a court or agency 11,358
with respect to a proceeding to enforce a child support order, 11,359
that a notice containing the individual's name and social 11,360
security number or other identification number may be sent under 11,361
division (C)(1) of this section to the registrar, and that, if 11,363
the registrar receives that notice and determines that the
individual is the individual named in that notice and the 11,364
registrar has not received notice under division (C)(3) of this 11,365
section, all of the following will occur: 11,366
(a) The registrar and all deputy registrars will be 11,368
prohibited from issuing to the individual a driver's or 11,369
commercial driver's license, motorcycle operator's license or 11,370
endorsement, or temporary instruction permit or commercial 11,371
driver's temporary instruction permit;
(b) The registrar and all deputy registrars will be 11,373
prohibited from renewing for the individual a driver's or 11,374
commercial driver's license, motorcycle operator's license or 11,375
253
endorsement, or commercial driver's temporary instruction permit; 11,376
(c) If the individual holds a driver's or commercial 11,378
driver's license, motorcycle operator's license or endorsement, 11,379
or temporary instruction permit or commercial driver's temporary 11,380
instruction permit, it will be suspended if the registrar 11,381
determines that the individual is the individual named in the 11,382
notice sent pursuant to division (C)(1) of this section; 11,383
(d) If the individual is the individual named in the 11,385
notice the individual will not be issued or have renewed any 11,386
license, endorsement, or permit, and no suspension will be lifted 11,387
with respect to any license, endorsement, or permit listed in 11,388
division (C)(2) of this section until the registrar receives a 11,390
notice under division (C)(3) of this section.
(3)(a) An agency that sent a notice under division 11,392
(C)(1)(a) of this section shall send to the registrar a notice 11,394
that the individual is not in default under a child support order 11,395
if it determines that the individual is not in default or any of 11,396
the following occurs:
(i) The individual makes full payment to the division of 11,399
child support or, pursuant to division (H)(4) of section 2301.35 11,400
of the Revised Code, the child support enforcement agency of the 11,401
arrearage that was the basis for the court or agency
determination that the individual was in default; 11,402
(ii) An appropriate withholding or deduction notice or 11,404
other appropriate order has been issued pursuant to section 11,405
3113.21 of the revised code REVISED CODE to collect current 11,406
support and any arrearage due under the child support order that 11,407
was in default and the individual is complying with the notice or 11,408
order;
(iii) A new child support order has been issued or the 11,410
child support order that was in default has been modified as 11,411
provided under sections 3113.21 to 3113.219 of the Revised Code 11,412
to collect current support and any arrearage due under the child 11,413
support order that was in default and the individual is complying 11,414
254
with the new or modified child support order. 11,415
The agency shall send the notice under this division not 11,417
later than seven days after it determines the individual is not 11,419
in default or that any of the circumstances specified in division 11,420
(C)(3)(a) of this section has occurred.
(b) An agency that sent a notice under division (C)(1)(b) 11,423
of this section shall send to the registrar a notice that the 11,425
individual is no longer out of compliance if the court or agency 11,426
that issued the warrant or subpoena removes the warrant or 11,427
determines that the individual has complied with the subpoena. 11,428
The agency shall send the notice under this division not 11,430
later than seven days after the agency determines that either of 11,432
the circumstances specified in division (C)(3)(b) has occurred. 11,434
(4)(a) On receipt of a notice pursuant to division (C)(1) 11,437
of this section, the registrar shall determine whether the 11,438
individual named in the notice holds or has applied for a 11,439
driver's license or commercial driver's license, motorcycle 11,440
operator's license or endorsement, or temporary instruction 11,441
permit or commercial driver's temporary instruction permit. If 11,442
the registrar determines that the individual holds or has applied
for a license, permit, or endorsement and the individual is the 11,444
individual named in the notice and does not receive a notice 11,445
pursuant to division (C)(3) of this section, the registrar 11,446
immediately shall provide notice of the determination to each 11,448
deputy registrar. The registrar or a deputy registrar may not 11,449
issue to the individual a driver's or commercial driver's
license, motorcycle operator's license or endorsement, or 11,450
temporary instruction permit or commercial driver's temporary 11,451
instruction permit and may not renew for the individual a 11,453
driver's or commercial driver's license, motorcycle operator's
license or endorsement, or commercial driver's temporary 11,454
instruction permit. The registrar or a deputy registrar also 11,455
shall suspend a license, permit, or endorsement held by the 11,456
individual.
255
(b) The registrar shall maintain a list of names of 11,458
individuals identified in notices sent to the registrar pursuant 11,460
to division (C)(1) of this section that do not hold a driver's or 11,461
commercial driver's license, motorcycle operator's license or 11,462
endorsement, or temporary instruction permit or commercial 11,463
driver's temporary instruction permit. The registrar shall 11,464
update the list quarterly and provide each deputy registrar with 11,465
a copy. On receipt of an application for such a license, permit, 11,466
or endorsement from an individual who appears on the list, a 11,467
deputy registrar shall notify the registrar. On receipt of an 11,468
application for such a license, permit, or endorsement from such 11,469
an individual or on receipt of a notice from a deputy registrar 11,471
pursuant to division (C)(4)(b) of this section, the registrar 11,473
shall proceed in accordance with division (C)(4)(a) of this 11,475
section.
(c) Not later than seven days after receipt of a notice 11,477
pursuant to division (C)(3) of this section, the registrar shall 11,478
notify each deputy registrar of the notice. The registrar and 11,479
each deputy registrar shall then, if the individual otherwise is 11,480
eligible for the license, permit, or endorsement and wants the 11,481
license, permit, or endorsement, issue a license, permit, or 11,482
endorsement to, or renew a license, permit, or endorsement of, 11,483
the individual, or, if the individual's license, permit, or 11,485
endorsement was suspended pursuant to division (C)(4)(a) of this 11,486
section, remove the suspension. The registrar or a deputy 11,487
registrar may charge a fee of not more than twenty-five dollars 11,488
for issuing or renewing or removing the suspension of a license 11,489
pursuant to this division. The fees collected by the registrar 11,490
pursuant to this section shall be paid into the state bureau of 11,491
motor vehicles fund established in section 4501.25 of the Revised 11,492
Code.
(d) Notwithstanding section 119.06 of the Revised Code, 11,494
the registrar shall not hold any hearing in connection with an 11,495
order refusing to issue or renew a license, permit, or 11,496
256
endorsement for, or suspending a license, permit, or endorsement 11,497
of, an individual pursuant to this section.
(D) The department DIRECTOR of human JOB AND FAMILY 11,500
services services may adopt rules in accordance with Chapter 119. 11,502
of the Revised Code to implement this section.
Sec. 2301.375. (A) As used in this section, "recreational 11,512
license" means any license, permit, or stamp issued pursuant to
section 1533.10, 1533.11, 1533.111, 1533.112, or 1533.32 of the 11,513
Revised Code. 11,514
(B) If a court or child support enforcement agency makes a 11,517
final and enforceable determination pursuant to division (B) of 11,519
section 3113.21 of the Revised Code that an individual is in 11,522
default under a child support order, the agency administering the 11,523
child support order may determine whether the individual holds a 11,525
recreational license or, if possible, whether the individual has 11,526
applied for, or is likely to apply for, such a license. If the 11,527
agency determines that the individual holds, has applied for, or 11,528
is likely to apply for, such a license, it shall follow 11,529
procedures that are substantively the same as those set forth in 11,530
divisions (B) to (D) of section 2301.373 of the Revised Code and 11,532
the division of wildlife shall follow procedures that are 11,533
substantively the same as those set forth in division (E) of 11,534
section 2301.373 of the Revised Code with respect to the license 11,536
if both of the following apply:
(1) The division of wildlife has implemented a computer 11,538
system that maintains license numbers for licenses issued by the 11,540
division, the names of persons to whom licenses are issued, and 11,541
the social security numbers of persons to whom licenses are 11,542
issued;
(2) The division has established safeguards that eliminate 11,545
the risk that social security numbers provided to the division 11,546
for the purpose of child support enforcement may be used for 11,547
purposes other than those permitted by federal law. 11,548
(C) The department DIRECTOR of human JOB AND FAMILY 11,551
257
services may adopt rules in accordance with Chapter 119. of the 11,553
Revised Code to implement this section.
Sec. 2301.43. (A) If a court or a child support 11,563
enforcement agency makes a final and enforceable determination 11,564
pursuant to division (B) of section 3113.21 of the Revised Code 11,567
that an obligor is in default under a support order, the agency 11,568
administering the support order may assert a lien on real and 11,570
personal property of the obligor located in the state. 11,571
(B)(1) The amount of the arrearage due under the support 11,574
order determined to be in default pursuant to division (B) of 11,576
section 3113.21 of the Revised Code and any amounts due for 11,578
current support that become an arrearage after the date the 11,579
default determination was made, shall be a lien against all 11,580
personal property, including after-acquired property, of the 11,581
obligor that is situated in this state. The lien may be filed 11,582
with the county recorder in each county of the state in which the 11,584
personal property is located. The amount of the arrearage due
under the support order determined to be in default pursuant to 11,586
division (B) of section 3113.21 of the Revised Code and any 11,587
amounts due for current support that become an arrearage after 11,588
the date the default determination was made, shall be a lien 11,589
against real property, including after-acquired property, of the 11,590
obligor after the lien is filed with a county recorder of this 11,591
state in which the real property is located. A lien may be filed 11,592
with the county recorder in each county of the state in which 11,593
real property of the obligor is located. In recording the lien, 11,595
if registered land is involved, the county recorder shall take 11,596
all necessary action required by Chapter 5309. of the Revised 11,597
Code. The county recorder may be compensated for liens filed 11,598
under this section pursuant to the development of unit costs that 11,599
are reimbursed under the provider contract entered into pursuant 11,600
to Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 11,602
42 651, as amended.
(2) On receiving a copy of a lien filed in another state 11,604
258
that is similar to a lien described in division (B)(1) of this 11,606
section, a copy of the order for child support that is the basis 11,607
of the lien, and a copy of the court or administrative 11,608
determination finding the obligor to be in default under the 11,609
child support order, the division of child support in the 11,610
department of human JOB AND FAMILY services shall examine the 11,612
lien and the other documents and determine whether the lien is in 11,613
compliance with federal child support law and regulations. If 11,614
the division determines that the lien is in compliance, the 11,615
division shall determine the counties of this state in which is 11,616
located real or personal property of the obligor that may be 11,617
subjected to the lien. On making the determination, the division 11,618
shall send a copy of the lien to the child support enforcement 11,619
agency of the county in which the obligor's real or personal 11,620
property is located. The agency shall file the lien with the 11,621
county recorder of the county in which the agency is located. In 11,622
recording the lien, if registered land is involved, the county 11,623
recorder shall take all necessary action required by Chapter 11,625
5309. of the Revised Code. Once filed, the lien shall be against 11,628
all real and personal property, including after-acquired 11,629
property, of the obligor that is situated in that county. Every 11,630
court, the division, and each child support enforcement agency 11,631
shall give full faith and credit to a lien established by an 11,632
authorized agency of another state that is of the type described 11,633
in division (B)(1) of this section. 11,634
(C) The lien filed with the county recorder shall be 11,637
effective until the county recorder discharges the lien. The 11,638
county recorder shall discharge the lien within five days after 11,639
the agency files a notice pursuant to division (D) of this 11,640
section requesting that the lien be discharged. 11,641
(D) The agency shall file a notice requesting that the 11,644
county recorder discharge the lien if one of the following 11,645
applies:
(1) The lien is satisfied through an action pursuant to 11,648
259
section 2301.45 of the Revised Code;
(2) The obligor makes full payment of the arrearage to the 11,650
division of child support in the department of human JOB AND 11,651
FAMILY services or, pursuant to division (H)(4) of section 11,654
2301.35 of the Revised Code, the child support enforcement agency 11,655
that is the basis of the lien; 11,656
(3) An appropriate withholding or deduction notice or 11,658
other appropriate order has been issued pursuant to section 11,659
3113.21 of the Revised Code to collect current support and any 11,662
arrearage due under the support order that was in default and the 11,663
obligor is complying with the notice or order; 11,664
(4) A new support order has been issued or the support 11,667
order that was in default has been modified as provided under 11,668
sections 3113.21 to 3113.219 of the Revised Code to collect 11,669
current support and any arrearage due under the support order 11,670
that was in default and the obligor is complying with the new or 11,671
modified support order; 11,672
(5) The agency releases the lien pursuant to section 11,674
2301.46 of the Revised Code. 11,675
(E) A lien imposed pursuant to this section shall have 11,678
priority over liens, mortgages, security interests, or other 11,679
types of encumbrances that are associated with the real and 11,680
personal property subject to the lien imposed by this section and 11,681
that arise after the date the lien is filed pursuant to this 11,682
section. A lien imposed pursuant to this section shall not have 11,683
priority over liens, mortgages, security interests, or other 11,684
types of encumbrances associated with the real and personal 11,685
property subject to the lien imposed by this section that arose
on or before the date the lien was filed pursuant to this 11,686
section.
Sec. 2305.26. (A) An action by the state or an agency or 11,695
political subdivision of the state to enforce a lien upon real or 11,696
personal property created under and by virtue of sections 11,697
1901.21, 2505.13, 2937.25, 4123.76, 4123.78, 4141.23, 4509.60, 11,698
260
5719.04, 5733.18, 5735.03, and 5749.02 of the Revised Code shall 11,699
be brought within six years from the date when the lien or notice 11,700
of continuation of the lien has been filed in the office of the 11,701
county recorder. 11,702
(B) A notice of continuation of lien may be filed in the 11,704
office of the county recorder within six months prior to the 11,705
expiration of the six-year period following the original filing 11,706
of the lien or the filing of the notice of continuation of the 11,707
lien as specified in division (A) of this section. The notice 11,708
must identify the original notice of lien and state that the 11,709
original lien is still effective. Upon timely filing of a notice 11,710
of continuation of lien, the effectiveness of the original lien 11,711
is continued for six years after the last date on which the lien 11,712
was effective, whereupon it lapses, unless another notice of 11,713
continuation of lien is filed prior to the lapse. Succeeding 11,714
notices of continuation of lien may be filed in the same manner 11,715
to continue the effectiveness of the original lien. 11,716
(C) The recorder shall mark each notice of continuation of 11,718
lien with a consecutive file number and with the date of filing 11,719
and shall hold the notice open for public inspection. In 11,720
addition, the recorder shall index the notices according to the 11,721
names of the person against whom they are effective, and shall 11,722
note in the index the file numbers of the notices. Except in 11,723
cases of liens arising under section 5719.04 of the Revised Code, 11,724
the recorder shall mark the record of the original lien 11,725
"continued" and note thereon the date on which the notice of 11,726
continuation of lien was filed. The recorder may remove a lapsed 11,727
lien or lapsed notice of continuation of lien from the file and 11,728
destroy it. For any services performed under this section, the 11,729
county recorder shall charge and collect the fees set forth in 11,730
section 317.32 of the Revised Code. 11,731
(D) A notice of continuation of lien must be signed and 11,733
filed by the clerk of the court or the magistrate in cases of 11,734
liens arising under sections 1901.21, 2505.13, and 2937.25 of the 11,735
261
Revised Code, by the industrial commission in cases of liens 11,736
arising under sections 4123.76 and 4123.78 of the Revised Code, 11,737
by the administrator DIRECTOR of the bureau of employment JOB AND 11,739
FAMILY services in cases of liens arising under section 4141.23 11,740
of the Revised Code, by the registrar of motor vehicles in cases 11,741
of liens arising under section 4509.60 of the Revised Code, by 11,742
the county auditor in cases of liens arising under section 11,743
5719.04 of the Revised Code, and by the tax commissioner in cases 11,744
of liens arising under sections 5733.18, 5735.03, and 5749.02 of 11,745
the Revised Code.
Sec. 2317.56. (A) As used in this section: 11,754
(1) "Medical emergency" means a condition of a pregnant 11,756
woman that, in the reasonable judgment of the physician who is 11,757
attending the woman, creates an immediate threat of serious risk 11,758
to the life or physical health of the woman from the continuation 11,759
of the pregnancy necessitating the immediate performance or 11,760
inducement of an abortion. 11,761
(2) "Medical necessity" means a medical condition of a 11,763
pregnant woman that, in the reasonable judgment of the physician 11,764
who is attending the woman, so complicates the pregnancy that it 11,765
necessitates the immediate performance or inducement of an 11,766
abortion. 11,767
(3) "Probable gestational age of the embryo or fetus" 11,769
means the gestational age that, in the judgment of a physician, 11,770
is, with reasonable probability, the gestational age of the 11,771
embryo or fetus at the time that the physician informs a pregnant 11,772
woman pursuant to division (B)(1)(b) of this section. 11,773
(B) Except when there is a medical emergency or medical 11,775
necessity, an abortion shall be performed or induced only if all 11,776
of the following conditions are satisfied: 11,777
(1) At least twenty-four hours prior to the performance or 11,779
inducement of the abortion, a physician meets with the pregnant 11,780
woman in person in an individual, private setting and gives her 11,781
an adequate opportunity to ask questions about the abortion that 11,782
262
will be performed or induced. At this meeting, the physician 11,783
shall inform the pregnant woman, verbally or, if she is hearing 11,785
impaired, by other means of communication, of all of the 11,787
following:
(a) The nature and purpose of the particular abortion 11,789
procedure to be used and the medical risks associated with that 11,790
procedure; 11,791
(b) The probable gestational age of the embryo or fetus; 11,793
(c) The medical risks associated with the pregnant woman 11,795
carrying the pregnancy to term. 11,796
The meeting need not occur at the facility where the 11,798
abortion is to be performed or induced, and the physician 11,799
involved in the meeting need not be affiliated with that facility 11,800
or with the physician who is scheduled to perform or induce the 11,801
abortion.
(2) At least twenty-four hours prior to the performance or 11,803
inducement of the abortion, one or more physicians or one or more 11,804
agents of one or more physicians do each of the following in 11,805
person, by telephone, by certified mail, return receipt 11,806
requested, or by regular mail evidenced by a certificate of 11,807
mailing: 11,808
(a) Inform the pregnant woman of the name of the physician 11,810
who is scheduled to perform or induce the abortion; 11,811
(b) Give the pregnant woman copies of the published 11,813
materials described in division (C) of this section; 11,814
(c) Inform the pregnant woman that the materials given 11,816
pursuant to division (B)(2)(b) of this section are provided by 11,819
the state and that they describe the embryo or fetus and list
agencies that offer alternatives to abortion. The pregnant woman 11,820
may choose to examine or not to examine the materials. A 11,821
physician or an agent of a physician may choose to be 11,823
disassociated from the materials and may choose to comment or not 11,824
comment on the materials. 11,825
(3) Prior to the performance or inducement of the 11,827
263
abortion, the pregnant woman signs a form consenting to the 11,828
abortion and certifies both of the following on that form: 11,829
(a) She has received the information and materials 11,831
described in divisions (B)(1) and (2) of this section, and her 11,834
questions about the abortion that will be performed or induced 11,835
have been answered in a satisfactory manner.
(b) She consents to the particular abortion voluntarily, 11,837
knowingly, intelligently, and without coercion by any person, and 11,838
she is not under the influence of any drug of abuse or alcohol. 11,839
(4) Prior to the performance or inducement of the 11,841
abortion, the physician who is scheduled to perform or induce the 11,842
abortion or the physician's agent receives a copy of the pregnant 11,844
woman's signed form on which she consents to the abortion and 11,845
that includes the certification required by division (B)(3) of 11,846
this section. 11,848
(C) The department of health shall cause to be published 11,850
in English and in Spanish, in a typeface large enough to be 11,851
clearly legible, and in an easily comprehensible format, the 11,852
following materials: 11,853
(1) Materials that inform the pregnant woman about family 11,855
planning information, of publicly funded agencies that are 11,856
available to assist in family planning, and of public and private 11,858
agencies and services that are available to assist her through 11,859
the pregnancy, upon childbirth, and while the child is dependent, 11,861
including, but not limited to, adoption agencies. The materials 11,862
shall be geographically indexed; include a comprehensive list of 11,863
the available agencies, a description of the services offered by 11,864
the agencies, and the telephone numbers and addresses of the 11,865
agencies; and inform the pregnant woman about available medical 11,866
assistance benefits for prenatal care, childbirth, and neonatal 11,867
care and about the support obligations of the father of a child 11,868
who is born alive. The department shall ensure that the 11,869
materials described in division (C)(1) of this section are 11,870
comprehensive and do not directly or indirectly promote, exclude, 11,871
264
or discourage the use of any agency or service described in this 11,872
division.
(2) Materials that inform the pregnant woman of the 11,874
probable anatomical and physiological characteristics of the 11,875
zygote, blastocyte, embryo, or fetus at two-week gestational 11,876
increments for the first sixteen weeks of pregnancy and at 11,877
four-week gestational increments from the seventeenth week of 11,878
pregnancy to full term, including any relevant information 11,879
regarding the time at which the fetus possibly would be viable. 11,880
The department shall cause these materials to be published only 11,881
after it consults with the Ohio state medical association and the 11,882
Ohio section of the American college of obstetricians and 11,883
gynecologists relative to the probable anatomical and 11,884
physiological characteristics of a zygote, blastocyte, embryo, or 11,885
fetus at the various gestational increments. The materials shall 11,886
use language that is understandable by the average person who is 11,887
not medically trained, shall be objective and nonjudgmental, and 11,888
shall include only accurate scientific information about the 11,889
zygote, blastocyte, embryo, or fetus at the various gestational 11,890
increments. If the materials use a pictorial, photographic, or 11,891
other depiction to provide information regarding the zygote, 11,892
blastocyte, embryo, or fetus, the materials shall include, in a 11,893
conspicuous manner, a scale or other explanation that is 11,894
understandable by the average person and that can be used to 11,895
determine the actual size of the zygote, blastocyte, embryo, or 11,896
fetus at a particular gestational increment as contrasted with 11,897
the depicted size of the zygote, blastocyte, embryo, or fetus at 11,898
that gestational increment. 11,899
(D) Upon the submission of a request to the department of 11,901
health by any person, hospital, physician, or medical facility 11,902
for one or more copies of the materials published in accordance 11,903
with division (C) of this section, the department shall make the 11,905
requested number of copies of the materials available to the 11,906
person, hospital, physician, or medical facility that requested 11,907
265
the copies.
(E) If a medical emergency or medical necessity compels 11,909
the performance or inducement of an abortion, the physician who 11,910
will perform or induce the abortion, prior to its performance or 11,911
inducement if possible, shall inform the pregnant woman of the 11,912
medical indications supporting the physician's judgment that an 11,914
immediate abortion is necessary. Any physician who performs or 11,915
induces an abortion without the prior satisfaction of the 11,916
conditions specified in division (B) of this section because of a 11,917
medical emergency or medical necessity shall enter the reasons 11,918
for the conclusion that a medical emergency or medical necessity 11,920
exists in the medical record of the pregnant woman. 11,921
(F) If the conditions specified in division (B) of this 11,923
section are satisfied, consent to an abortion shall be presumed 11,924
to be valid and effective. 11,925
(G) The performance or inducement of an abortion without 11,927
the prior satisfaction of the conditions specified in division 11,928
(B) of this section does not constitute, and shall not be 11,929
construed as constituting, a violation of division (A) of section 11,930
2919.12 of the Revised Code. The failure of a physician to 11,931
satisfy the conditions of division (B) of this section prior to 11,932
performing or inducing an abortion upon a pregnant woman may be 11,933
the basis of both of the following: 11,934
(1) A civil action for compensatory and exemplary damages 11,936
as described in division (H) of this section; 11,937
(2) Disciplinary action under section 4731.22 of the 11,939
Revised Code. 11,940
(H)(1) Subject to divisions (H)(2) and (3) of this 11,942
section, any physician who performs or induces an abortion with 11,943
actual knowledge that the conditions specified in division (B) of 11,944
this section have not been satisfied or with a heedless 11,945
indifference as to whether those conditions have been satisfied 11,946
is liable in compensatory and exemplary damages in a civil action 11,947
to any person, or the representative of the estate of any person, 11,948
266
who sustains injury, death, or loss to person or property as a 11,949
result of the failure to satisfy those conditions. In the civil 11,950
action, the court additionally may enter any injunctive or other 11,951
equitable relief that it considers appropriate. 11,952
(2) The following shall be affirmative defenses in a civil 11,954
action authorized by division (H)(1) of this section: 11,955
(a) The physician performed or induced the abortion under 11,957
the circumstances described in division (E) of this section. 11,958
(b) The physician made a good faith effort to satisfy the 11,960
conditions specified in division (B) of this section. 11,961
(c) The physician or an agent of the physician requested 11,963
copies of the materials published in accordance with division (C) 11,964
of this section from the department of health, but the physician 11,966
was not able to give a pregnant woman copies of the materials 11,967
pursuant to division (B)(2) of this section and to obtain a 11,969
certification as described in divisions (B)(3) and (4) of this 11,971
section because the department failed to make the requested 11,972
number of copies available to the physician or agent in 11,973
accordance with division (D) of this section.
(3) An employer or other principal is not liable in 11,975
damages in a civil action authorized by division (H)(1) of this 11,976
section on the basis of the doctrine of respondeat superior 11,977
unless either of the following applies: 11,978
(a) The employer or other principal had actual knowledge 11,980
or, by the exercise of reasonable diligence, should have known 11,981
that an employee or agent performed or induced an abortion with 11,983
actual knowledge that the conditions specified in division (B) of 11,984
this section had not been satisfied or with a heedless 11,985
indifference as to whether those conditions had been satisfied. 11,986
(b) The employer or other principal negligently failed to 11,988
secure the compliance of an employee or agent with division (B) 11,990
of this section. 11,991
(4) Notwithstanding division (E) of section 2919.12 of the 11,993
Revised Code, the civil action authorized by division (H)(1) of 11,994
267
this section shall be the exclusive civil remedy for persons, or 11,995
the representatives of estates of persons, who allegedly sustain 11,996
injury, death, or loss to person or property as a result of a 11,997
failure to satisfy the conditions specified in division (B) of 11,998
this section. 11,999
(I) The department of human JOB AND FAMILY services shall 12,001
prepare and conduct a public information program to inform women 12,002
of all available governmental programs and agencies that provide 12,003
services or assistance for family planning, prenatal care, child 12,004
care, or alternatives to abortion. 12,005
Sec. 2705.031. (A) As used in this section, "Title IV-D 12,014
case" has the same meaning as in section 3113.21 of the Revised 12,015
Code. 12,016
(B)(1) Any party who has a legal claim to any support 12,018
ordered for a child, spouse, or former spouse may initiate a 12,019
contempt action for failure to pay the support. In Title IV-D 12,020
cases, the contempt action for failure to pay support also may be 12,021
initiated by an attorney retained by the party who has the legal 12,022
claim, the prosecuting attorney, or an attorney of the department 12,023
of human JOB AND FAMILY services or the child support enforcement 12,025
agency.
(2) Any person who is granted visitation rights under a 12,027
visitation order or decree issued pursuant to section 3109.051, 12,028
3109.11, or 3109.12 of the Revised Code or pursuant to any other 12,029
provision of the Revised Code, or any other person who is subject 12,030
to any visitation order or decree, may initiate a contempt action 12,031
for a failure to comply with, or an interference with, the order 12,032
or decree. 12,033
(C) In any contempt action initiated pursuant to division 12,035
(B) of this section, the accused shall appear upon the summons 12,036
and order to appear that is issued by the court. The summons 12,037
shall include all of the following: 12,038
(1) Notice that failure to appear may result in the 12,040
issuance of an order of arrest, and in cases involving alleged 12,041
268
failure to pay support, the issuance of an order for the payment 12,042
of support by withholding an amount from the personal earnings of 12,043
the accused or by withholding or deducting an amount from some 12,044
other asset of the accused; 12,045
(2) Notice that the accused has a right to counsel, and 12,047
that if the accused believes that he is indigent, the accused 12,048
must apply for a public defender or court appointed counsel 12,049
within three business days after receipt of the summons; 12,050
(3) Notice that the court may refuse to grant a 12,052
continuance at the time of the hearing for the purpose of the 12,053
accused obtaining counsel, if the accused fails to make a good 12,054
faith effort to retain counsel or to obtain a public defender; 12,055
(4) Notice of the potential penalties that could be 12,057
imposed upon the accused, if the accused is found guilty of 12,058
contempt for failure to pay support or for a failure to comply 12,059
with, or an interference with, a visitation order or decree. 12,060
(D) If the accused is served as required by the Rules of 12,062
Civil Procedure or by any special statutory proceedings that are 12,063
relevant to the case, the court may order the attachment of the 12,064
person of the accused upon failure to appear as ordered by the 12,065
court. 12,066
(E) The imposition of any penalty for contempt under 12,068
section 2705.05 of the Revised Code shall not eliminate any 12,069
obligation of the accused to pay any past, present, or future 12,070
support obligation or any obligation of the accused to comply 12,071
with or refrain from interfering with the visitation order or 12,072
decree. The court shall have jurisdiction to make a finding of 12,073
contempt for the failure to pay support and to impose the 12,074
penalties set forth in section 2705.05 of the Revised Code in all 12,075
cases in which past due support is at issue even if the duty to 12,076
pay support has terminated, and shall have jurisdiction to make a 12,077
finding of contempt for a failure to comply with, or an 12,078
interference with, a visitation order or decree and to impose the 12,079
penalties set forth in section 2705.05 of the Revised Code in all 12,080
269
cases in which the failure or interference is at issue even if 12,081
the visitation order or decree no longer is in effect. 12,082
Sec. 2715.041. (A) Upon the filing of a motion for an 12,091
order of attachment pursuant to section 2715.03 of the Revised 12,092
Code, the plaintiff shall file with the clerk of the court a 12,093
praecipe instructing the clerk to issue to the defendant against 12,094
whom the motion was filed a notice of the proceeding. Upon 12,095
receipt of the praecipe, the clerk shall issue the notice which 12,096
shall be in substantially the following form: 12,097
"(Name and Address of Court) 12,099
Case No................... 12,100
(Case Caption) 12,102
NOTICE 12,104
You are hereby notified that (name and address of 12,106
plaintiff), the plaintiff in this proceeding, has applied to this 12,107
court for the attachment of property in your possession. The 12,108
basis for this application is indicated in the documents that are 12,109
enclosed with this notice. 12,110
The law of Ohio and the United States provides that certain 12,112
benefit payments cannot be taken from you to pay a debt. Typical 12,113
among the benefits that cannot be attached or executed on by a 12,114
creditor are: 12,115
(1) Workers' compensation benefits; 12,117
(2) Unemployment compensation payments; 12,119
(3) Cash assistance payments under the Ohio works first 12,123
program;
(4) Disability assistance administered by the Ohio 12,125
department of human JOB AND FAMILY services; 12,126
(5) Social security benefits; 12,128
(6) Supplemental security income (S.S.I.); 12,130
(7) Veteran's benefits; 12,132
(8) Black lung benefits; 12,134
(9) Certain pensions. 12,136
Additionally, your wages never can be taken to pay a debt 12,138
270
until a judgment has been obtained against you. There may be 12,139
other benefits not included in this list that apply in your case. 12,140
If you dispute the plaintiff's claim and believe that you 12,142
are entitled to retain possession of the property because it is 12,143
exempt or for any other reason, you may request a hearing before 12,144
this court by disputing the claim in the request for hearing form 12,145
appearing below, or in a substantially similar form, and 12,146
delivering the request for the hearing to this court, at the 12,147
office of the clerk of this court, not later than the end of the 12,148
fifth business day after you receive this notice. You may state 12,149
your reasons for disputing the claim in the space provided on the 12,150
form, but you are not required to do so. If you do state your 12,151
reasons for disputing the claim in the space provided on the 12,152
form, you are not prohibited from stating any other reasons at 12,153
the hearing, and if you do not state your reasons, it will not be 12,154
held against you by the court and you can state your reasons at 12,155
the hearing. 12,156
If you request a hearing, it will be conducted in 12,158
................... courtroom ........, (address of court), at 12,159
.............m. on ............., 19..... 12,160
You may avoid having a hearing but retain possession of the 12,162
property until the entry of final judgment in the action by 12,163
filing with the court, at the office of the clerk of this court, 12,164
not later than the end of the fifth business day after you 12,165
receive this notice, a bond executed by an acceptable surety in 12,166
the amount of $............ 12,167
If you do not request a hearing or file a bond on or before 12,169
the end of the fifth business day after you receive this notice, 12,170
the court, without further notice to you, may order a law 12,171
enforcement officer or bailiff to take possession of the 12,172
property. Notice of the dates, times, places, and purposes of 12,173
any subsequent hearings and of the date, time, and place of the 12,174
trial of the action will be sent to you. 12,175
.............................. 12,177
271
Clerk of Court 12,178
Date: ......................." 12,179
(B) Along with the notice required by division (A) of this 12,181
section, the clerk of the court also shall deliver to the 12,182
defendant, in accordance with division (C) of this section, a 12,183
request for hearing form together with a postage-paid, 12,184
self-addressed envelope or a request for hearing form on a 12,185
postage-paid, self-addressed postcard. The request for hearing 12,186
shall be in substantially the following form: 12,187
"(Name and Address of Court) 12,189
Case Number ....................... Date ............... 12,191
REQUEST FOR HEARING 12,193
I dispute the claim for the attachment of property in the 12,195
above case and request that a hearing in this matter be held at 12,196
the time and place set forth in the notice that I previously 12,197
received. 12,198
I dispute the claim for the following reasons: 12,200
................................................................. 12,202
(Optional) 12,204
................................................................. 12,206
................................................................. 12,208
.............................. 12,209
(Name of Defendant) 12,210
............................. 12,212
(Signature) 12,213
.............................. 12,214
(Date) 12,215
12,216
WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR 12,218
A REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE 12,219
CLERK OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT 12,220
OF IT, YOU WAIVE YOUR RIGHT TO A HEARING AT THIS TIME AND YOU MAY 12,221
BE REQUIRED TO GIVE UP THE PROPERTY SOUGHT WITHOUT A HEARING." 12,222
(C) The notice required by division (A) of this section 12,224
272
shall be served on the defendant in duplicate not less than seven 12,225
business days prior to the date on which the hearing is 12,226
scheduled, together with a copy of the complaint and summons, if 12,227
not previously served, and a copy of the motion for the 12,228
attachment of property and the affidavit attached to the motion, 12,229
in the same manner as provided in the Rules of Civil Procedure 12,230
for the service of process. Service may be effected by 12,231
publication as provided in the Rules of Civil Procedure except 12,232
that the number of weeks for publication may be reduced by the 12,233
court to the extent appropriate. 12,234
Sec. 2715.045. (A) Upon the filing of a motion for 12,243
attachment, a court may issue an order of attachment without 12,244
issuing notice to the defendant against whom the motion was filed 12,245
and without conducting a hearing if the court finds that there is 12,246
probable cause to support the motion and that the plaintiff that 12,247
filed the motion for attachment will suffer irreparable injury if 12,248
the order is delayed until the defendant against whom the motion 12,249
has been filed has been given the opportunity for a hearing. The 12,250
court's findings shall be based upon the motion and affidavit 12,251
filed pursuant to section 2715.03 of the Revised Code and any 12,252
other relevant evidence that it may wish to consider. 12,253
(B) A finding by the court that the plaintiff will suffer 12,255
irreparable injury may be made only if the court finds the 12,256
existence of either of the following circumstances: 12,257
(1) There is present danger that the property will be 12,259
immediately disposed of, concealed, or placed beyond the 12,260
jurisdiction of the court. 12,261
(2) The value of the property will be impaired 12,263
substantially if the issuance of an order of attachment is 12,264
delayed. 12,265
(C)(1) Upon the issuance by a court of an order of 12,267
attachment without notice and hearing pursuant to this section, 12,268
the plaintiff shall file the order with the clerk of the court, 12,269
together with a praecipe instructing the clerk to issue to the 12,270
273
defendant against whom the order was issued a copy of the motion, 12,271
affidavit, and order of attachment, and a notice that an order of 12,272
attachment was issued and that the defendant has a right to a 12,273
hearing on the matter. The clerk then immediately shall serve 12,274
upon the defendant, in the manner provided by the Rules of Civil 12,275
Procedure for service of process, a copy of the complaint and 12,276
summons, if not previously served, a copy of the motion, 12,277
affidavit, and order of attachment, and the following notice: 12,278
"(Name and Address of the Court) 12,280
(Case Caption) Case No. ..................... 12,282
NOTICE 12,285
You are hereby notified that this court has issued an order 12,287
in the above case in favor of (name and address of plaintiff), 12,288
the plaintiff in this proceeding, directing that property now in 12,289
your possession, be taken from you. This order was issued on the 12,290
basis of the plaintiff's claim against you as indicated in the 12,291
documents that are enclosed with this notice. 12,292
The law of Ohio and the United States provides that certain 12,294
benefit payments cannot be taken from you to pay a debt. Typical 12,295
among the benefits that cannot be attached or executed on by a 12,296
creditor are: 12,297
(1) Workers' compensation benefits; 12,299
(2) Unemployment compensation payments; 12,301
(3) Cash assistance payments under the Ohio works first 12,304
program;
(4) Disability assistance administered by the Ohio 12,306
department of human JOB AND FAMILY services; 12,307
(5) Social security benefits; 12,309
(6) Supplemental security income (S.S.I.); 12,311
(7) Veteran's benefits; 12,313
(8) Black lung benefits; 12,315
(9) Certain pensions. 12,317
Additionally, your wages never can be taken to pay a debt 12,319
until a judgment has been obtained against you. There may be 12,320
274
other benefits not included in this list that apply in your case. 12,321
If you dispute the plaintiff's claim and believe that you 12,323
are entitled to possession of the property because it is exempt 12,324
or for any other reason, you may request a hearing before this 12,325
court by disputing the claim in the request for hearing form, 12,326
appearing below, or in a substantially similar form, and 12,327
delivering the request for hearing to this court at the above 12,328
address, at the office of the clerk of this court, no later than 12,329
the end of the fifth business day after you receive this notice. 12,330
You may state your reasons for disputing the claim in the space 12,331
provided on the form; however, you are not required to do so. If 12,332
you do state your reasons for disputing the claim, you are not 12,333
prohibited from stating any other reasons at the hearing, and if 12,334
you do not state your reasons, it will not be held against you by 12,335
the court and you can state your reasons at the hearing. If you 12,336
request a hearing, it will be held within three business days 12,337
after delivery of your request for hearing and notice of the 12,338
date, time, and place of the hearing will be sent to you. 12,339
You may avoid a hearing but recover and retain possession 12,341
of the property until the entry of final judgment in the action 12,342
by filing with the court, at the office of the clerk of this 12,343
court, not later than the end of the fifth business day after you 12,344
receive this notice, a bond executed by an acceptable surety in 12,345
the amount of $......... 12,346
If you do not request a hearing or file a bond before the 12,348
end of the fifth business day after you receive this notice, 12,349
possession of the property will be withheld from you during the 12,350
pendency of the action. Notice of the dates, times, places, and 12,351
purposes of any subsequent hearings and of the date, time, and 12,352
place of the trial of the action will be sent to you. 12,353
.............................. 12,354
Clerk of the Court 12,355
.............................. 12,356
Date" 12,357
275
(2) Along with the notice required by division (C)(1) of 12,359
this section, the clerk of the court also shall deliver to the 12,360
defendant a request for hearing form together with a 12,361
postage-paid, self-addressed envelope or a request for hearing 12,362
form on a postage-paid, self-addressed postcard. The request for 12,363
hearing shall be in substantially the following form: 12,364
"(Name and Address of Court) 12,366
Case Number ...................... Date ............. 12,368
REQUEST FOR HEARING 12,370
I dispute the claim for possession of property in the above 12,372
case and request that a hearing in this matter be held within 12,373
three business days after delivery of this request to the court. 12,374
I dispute the claim for the following reasons: 12,376
................................................................. 12,378
(Optional) 12,380
................................................................. 12,382
................................................................. 12,384
.............................. 12,386
(Name of Defendant) 12,387
.............................. 12,388
(Signature) 12,389
.............................. 12,390
(Date) 12,391
WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR 12,393
A REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE 12,394
CLERK OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT 12,395
OF IT, YOU WAIVE YOUR RIGHT TO A HEARING AND POSSESSION OF THE 12,396
PROPERTY WILL BE WITHHELD FROM YOU DURING THE PENDENCY OF THE 12,397
ACTION." 12,398
(D) The defendant may receive a hearing in accordance with 12,400
section 2715.043 of the Revised Code by delivering a written 12,401
request for hearing to the court within five business days after 12,402
receipt of the notice provided pursuant to division (C) of this 12,403
section. The request may set forth the defendant's reasons for 12,404
276
disputing the plaintiff's claim for possession of property. 12,405
However, neither the defendant's inclusion of nor failure to 12,407
include such reasons upon the request constitutes a waiver of any 12,408
defense of the defendant or affects the defendant's right to 12,409
produce evidence at any hearing or at the trial of the action. 12,410
If the request is made by the defendant, the court shall schedule 12,411
a hearing within three business days after the request is made, 12,412
send notice to the parties of the date, time, and place of the 12,413
hearing, and hold the hearing accordingly. 12,414
(E) If, after hearing, the court finds that there is not 12,416
probable cause to support the motion, it shall order that the 12,417
property be redelivered to the defendant without the condition of 12,418
bond. 12,419
Sec. 2716.13. (A) Upon the filing of a proceeding in 12,428
garnishment of property, other than personal earnings, under 12,429
section 2716.11 of the Revised Code, the court shall cause the 12,430
matter to be set for hearing within twelve days after that 12,432
filing.
(B) Upon the scheduling of a hearing relative to a 12,434
proceeding in garnishment of property, other than personal 12,435
earnings, under division (A) of this section, the clerk of the 12,436
court immediately shall issue to the garnishee three copies of 12,437
the order of garnishment of property, other than personal 12,438
earnings, and of a written notice that the garnishee answer as 12,440
provided in section 2716.21 of the Revised Code and the 12,442
garnishee's fee required by section 2716.12 of the Revised Code. 12,443
The copies of the order and of the notice shall be served upon 12,445
the garnishee in the same manner as a summons is served. The 12,447
copies of the order and of the notice shall not be served later 12,448
than seven days prior to the date on which the hearing is 12,449
scheduled. The order shall bind the property, other than 12,450
personal earnings, of the judgment debtor in the possession of 12,451
the garnishee at the time of service. 12,452
The order of garnishment of property, other than personal 12,454
277
earnings, and notice to answer shall be in substantially the 12,455
following form: 12,456
"ORDER AND NOTICE OF GARNISHMENT 12,457
OF PROPERTY OTHER THAN PERSONAL EARNINGS 12,458
AND ANSWER OF GARNISHEE 12,459
Docket No. ............. 12,461
Case No. ............... 12,462
In the ........... Court 12,463
.................., Ohio 12,464
The State of Ohio 12,465
County of ............, ss 12,466
..................., Judgment Creditor 12,467
vs. 12,468
..................., Judgment Debtor 12,469
SECTION A. COURT ORDER AND NOTICE OF GARNISHMENT 12,470
To: ...................., Garnishee 12,471
The judgment creditor in the above case has filed an 12,473
affidavit, satisfactory to the undersigned, in this Court stating 12,475
that you have money, property, or credits, other than personal 12,476
earnings, in your hands or under your control that belong to the 12,477
judgment debtor, and that some of the money, property, or credits 12,478
may not be exempt from garnishment under the laws of the State of 12,479
Ohio or the laws of the United States. 12,480
You are therefore ordered to complete the "ANSWER OF 12,482
GARNISHEE" in section (B) of this form. Return one completed and 12,484
signed copy of this form to the clerk of this court together with 12,485
the amount determined in accordance with the "ANSWER OF 12,487
GARNISHEE" by the following date on which a hearing is 12,488
tentatively scheduled relative to this order of garnishment: 12,489
............ Deliver one completed and signed copy of this form 12,490
to the judgment debtor prior to that date. Keep the other 12,491
completed and signed copy of this form for your files.
The total probable amount now due on this judgment is 12,493
$.......... The total probable amount now due includes the 12,495
278
unpaid portion of the judgment in favor of the judgment creditor, 12,496
which is $..........; interest on that judgment and, if 12,497
applicable, prejudgment interest relative to that judgment at the 12,498
rate of .....% per annum payable until that judgment is satisfied 12,499
in full; and court costs in the amount of $........... 12,500
You also are ordered to hold safely anything of value that 12,502
belongs to the judgment debtor and that has to be paid to the 12,504
court, as determined under the "ANSWER OF GARNISHEE" in section 12,505
(B) of this form, but that is of such a nature that it cannot be 12,506
so delivered, until further order of the court. 12,507
Witness my hand and the seal of this court this .......... 12,509
day of .........., .......... 12,510
............................... 12,512
Judge 12,513
SECTION B. ANSWER OF GARNISHEE 12,514
Now comes ...................., the garnishee, who says: 12,516
1. That the garnishee has money, property, or credits, 12,518
other than personal earnings, of the judgment debtor under the 12,519
garnishee's control and in the garnishee's possession. 12,520
.......... .......... ................................... 12,522
yes no if yes, amount 12,523
2. That property is described as: 12,526
3. If the answer to line 1 is "yes" and the amount is less 12,528
than the probable amount now due on the judgment, as indicated in 12,530
section (A) of this form, sign and return this form and pay the 12,532
amount of line 1 to the clerk of this court. 12,533
4. If the answer to line 1 is "yes" and the amount is 12,535
greater than that probable amount now due on the judgment, as 12,536
indicated in section (A) of this form, sign and return this form 12,538
and pay that probable amount now due to the clerk of this court. 12,539
5. If the answer to line 1 is "yes" but the money, 12,541
property, or credits are of such a nature that they cannot be 12,542
delivered to the clerk of the court, indicate that by placing an 12,543
"X" in this space: ...... Do not dispose of that money, 12,544
279
property, or credits or give them to anyone else until further 12,545
order of the court. 12,546
6. If the answer to line 1 is "no," sign and return this 12,548
form to the clerk of this court. 12,549
I certify that the statements above are true. 12,552
............................. 12,552
(Print Name of Garnishee) 12,553
............................. 12,554
(Print Name and Title of 12,555
Person Who Completed Form) 12,556
Signed .................................................... 12,558
(Signature of Person Completing Form) 12,560
Dated this .......... day of .........., ....." 12,562
Section A of the form described in this division shall be 12,564
completed before service. Section B of the form shall be 12,566
completed by the garnishee, and the garnishee shall file one 12,567
completed and signed copy of the form with the clerk of the court 12,568
as the garnishee's answer. The garnishee may keep one completed 12,569
and signed copy of the form and shall deliver the other completed 12,571
and signed copy of the form to the judgment debtor. 12,572
If several affidavits seeking orders of garnishment of 12,575
property, other than personal earnings, are filed against the 12,576
same judgment debtor in accordance with section 2716.11 of the 12,577
Revised Code, the court involved shall issue the requested orders 12,579
in the same order in which the clerk received the associated 12,581
affidavits.
(C)(1) At the time of the filing of a proceeding in 12,583
garnishment of property, other than personal earnings, under 12,584
section 2716.11 of the Revised Code, the judgment creditor also 12,585
shall file with the clerk of the court a praecipe instructing the 12,586
clerk to issue to the judgment debtor a notice to the judgment 12,587
debtor form and a request for hearing form. Upon receipt of the 12,589
praecipe and the scheduling of a hearing relative to an action in 12,590
garnishment of property, other than personal earnings, under 12,591
280
division (A) of this section, the clerk of the court immediately 12,592
shall serve upon the judgment debtor, in accordance with division 12,593
(D) of this section, two copies of the notice to the judgment 12,594
debtor form and of the request for hearing form. The copies of 12,596
the notice to the judgment debtor form and of the request for 12,597
hearing form shall not be served later than seven days prior to 12,598
the date on which the hearing is scheduled. 12,599
(a) The notice to the judgment debtor that must be served 12,601
upon the judgment debtor shall be in substantially the following 12,602
form: 12,603
"(Name and Address of the Court) 12,604
(Case Caption) .......................... Case No. ........... 12,606
NOTICE TO THE JUDGMENT DEBTOR 12,607
You are hereby notified that this court has issued an order 12,609
in the above case in favor of (name and address of judgment 12,610
creditor), the judgment creditor in this proceeding, directing 12,611
that some of your money, property, or credits, other than 12,612
personal earnings, now in the possession of (name and address of 12,613
garnishee), the garnishee in this proceeding, be used to satisfy 12,614
your debt to the judgment creditor. This order was issued on the 12,615
basis of the judgment creditor's judgment against you that was 12,616
obtained in (name of court) in (case number) on (date). Upon 12,617
your receipt of this notice, you are prohibited from removing or 12,618
attempting to remove the money, property, or credits until 12,619
expressly permitted by the court. Any violation of this 12,620
prohibition subjects you to punishment for contempt of court. 12,621
The law of Ohio and the United States provides that certain 12,623
benefit payments cannot be taken from you to pay a debt. Typical 12,624
among the benefits that cannot be attached or executed upon by a 12,625
creditor are the following: 12,626
(1) Workers' compensation benefits; 12,628
(2) Unemployment compensation payments; 12,630
(3) Cash assistance payments under the Ohio works first 12,633
program;
281
(4) Disability assistance administered by the Ohio 12,635
department of human JOB AND FAMILY services; 12,636
(5) Social security benefits; 12,638
(6) Supplemental security income (S.S.I.); 12,640
(7) Veteran's benefits; 12,642
(8) Black lung benefits; 12,644
(9) Certain pensions. 12,646
There may be other benefits not included in the above list 12,649
that apply in your case.
If you dispute the judgment creditor's right to garnish 12,651
your property and believe that the judgment creditor should not 12,652
be given your money, property, or credits, other than personal 12,653
earnings, now in the possession of the garnishee because they are 12,654
exempt or if you feel that this order is improper for any other 12,655
reason, you may request a hearing before this court by disputing 12,656
the claim in the request for hearing form, appearing below, or in 12,657
a substantially similar form, and delivering the request for 12,658
hearing to this court at the above address, at the office of the 12,659
clerk of this court no later than the end of the fifth business 12,660
day after you receive this notice. You may state your reasons 12,661
for disputing the judgment creditor's right to garnish your 12,662
property in the space provided on the form; however, you are not 12,664
required to do so. If you do state your reasons for disputing 12,665
the judgment creditor's right, you are not prohibited from 12,666
stating any other reason at the hearing. If you do not state 12,668
your reasons, it will not be held against you by the court, and 12,669
you can state your reasons at the hearing. NO OBJECTIONS TO THE 12,670
JUDGMENT ITSELF WILL BE HEARD OR CONSIDERED AT THE HEARING. If 12,671
you request a hearing, the hearing will be limited to a 12,672
consideration of the amount of your money, property, or credits, 12,673
other than personal earnings, in the possession or control of the 12,674
garnishee, if any, that can be used to satisfy all or part of the 12,676
judgment you owe to the judgment creditor.
If you request a hearing by delivering your request for 12,678
282
hearing no later than the end of the fifth business day after you 12,679
receive this notice, it will be conducted in .......... courtroom 12,680
.........., (address of court), at ..... m. on .........., 12,681
.......... You may request the court to conduct the hearing 12,682
before this date by indicating your request in the space provided 12,683
on the form; the court then will send you notice of any change in 12,684
the date, time, or place of the hearing. If you do not request a 12,685
hearing by delivering your request for a hearing no later than 12,686
the end of the fifth business day after you receive this notice, 12,687
some of your money, property, or credits, other than personal 12,688
earnings, will be paid to the judgment creditor. 12,689
If you have any questions concerning this matter, you may 12,691
contact the office of the clerk of this court. If you want legal 12,692
representation, you should contact your lawyer immediately. If 12,693
you need the name of a lawyer, contact the local bar association. 12,694
.............................. 12,695
Clerk of the Court 12,696
.............................. 12,697
Date" 12,698
(b) The request for hearing form that must be served upon 12,701
the judgment debtor shall have attached to it a postage-paid,
self-addressed envelope or shall be on a postage-paid 12,702
self-addressed postcard, and shall be in substantially the 12,703
following form: 12,704
"(Name and Address of Court) 12,705
Case Number.......... Date.......... 12,707
REQUEST FOR HEARING 12,709
I dispute the judgment creditor's right to garnish my 12,711
money, property, or credits, other than personal earnings, in the 12,712
above case and request that a hearing in this matter be held 12,713
................................................................. 12,715
(Insert "on" or "earlier than") 12,716
the date and time set forth in the document entitled "NOTICE TO 12,719
THE JUDGMENT DEBTOR" that I received with this request form. 12,720
283
I dispute the judgment creditor's right to garnish my 12,723
property for the following reasons:
................................................................. 12,724
(Optional) 12,725
................................................................. 12,726
................................................................. 12,727
12,728
I UNDERSTAND THAT NO OBJECTIONS TO THE JUDGMENT ITSELF WILL 12,730
BE HEARD OR CONSIDERED AT THE HEARING. 12,731
.............................. 12,732
(Name of Judgment Debtor) 12,733
.............................. 12,734
(Signature) 12,735
.............................. 12,736
(Date) 12,737
WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR 12,740
A REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE 12,741
CLERK OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT 12,742
OF IT, YOU WAIVE YOUR RIGHT TO A HEARING AND SOME OF YOUR MONEY, 12,743
PROPERTY, OR CREDITS, OTHER THAN PERSONAL EARNINGS, NOW IN THE 12,744
POSSESSION OF (GARNISHEE'S NAME) WILL BE PAID TO (JUDGMENT 12,745
CREDITOR'S NAME) TO SATISFY SOME OF YOUR DEBT TO (JUDGMENT 12,746
CREDITOR'S NAME)." 12,747
(2) The judgment debtor may receive a hearing in 12,749
accordance with this division by delivering a written request for 12,750
hearing to the court within five business days after receipt of 12,751
the notice provided pursuant to division (C)(1) of this section. 12,752
The request may set forth the judgment debtor's reasons for 12,753
disputing the judgment creditor's right to garnish the money, 12,754
property, or credits, other than personal earnings; however, 12,756
neither the judgment debtor's inclusion of nor failure to include 12,757
those reasons upon the request constitutes a waiver of any 12,758
defense of the judgment debtor or affects the judgment debtor's 12,759
right to produce evidence at the hearing. If the request is made 12,760
284
by the judgment debtor within the prescribed time, the hearing 12,761
shall be limited to a consideration of the amount of money, 12,762
property, or credits, other than personal earnings, of the 12,763
judgment debtor in the hands of the garnishee, if any, that can 12,765
be used to satisfy all or part of the debt owed by the judgment 12,766
debtor to the judgment creditor. If a request for a hearing is 12,767
not received by the court within the prescribed time, the hearing 12,768
scheduled pursuant to division (A) of this section shall be 12,769
canceled unless the court grants the judgment debtor a 12,770
continuance in accordance with division (C)(3) of this section. 12,771
(3) If the judgment debtor does not request a hearing in 12,773
the action within the prescribed time pursuant to division (C)(2) 12,774
of this section, the court nevertheless may grant a continuance 12,775
of the scheduled hearing if the judgment debtor, prior to the 12,776
time at which the hearing was scheduled, as indicated on the 12,777
notice to the judgment debtor required by division (C)(1) of this 12,778
section, establishes a reasonable justification for failure to 12,780
request the hearing within the prescribed time. If the court
grants a continuance of the hearing, it shall cause the matter to 12,782
be set for hearing as soon as practicable thereafter. The 12,783
continued hearing shall be conducted in accordance with division 12,784
(C)(2) of this section.
(4) The court may conduct the hearing on the matter prior 12,786
to the time at which the hearing was scheduled, as indicated on 12,787
the notice to the judgment debtor required by division (C)(1) of 12,788
this section, upon the request of the judgment debtor. The 12,789
parties shall be sent notice, by the clerk of the court, by 12,790
regular mail, of any change in the date, time, or place of the 12,791
hearing. 12,792
(5) If the scheduled hearing is canceled and no 12,794
continuance is granted, the court shall issue an order to the 12,795
garnishee to pay all or some of the money, property, or credits, 12,796
other than personal earnings, of the judgment debtor in the 12,798
possession of the garnishee at the time of service of the notice 12,799
285
and order into court if they have not already been paid to the 12,800
court. This order shall be based on the answer of the garnishee 12,801
filed pursuant to this section. If the scheduled hearing is 12,802
conducted or if it is continued and conducted, the court shall 12,803
determine at the hearing the amount of the money, property, or 12,804
credits, other than personal earnings, of the judgment debtor in 12,805
the possession of the garnishee at the time of service of the 12,807
notice and order, if any, that can be used to satisfy all or part 12,808
of the debt owed by the judgment debtor to the judgment creditor, 12,809
and issue an order, accordingly, to the garnishee to pay that 12,810
amount into court if it has not already been paid to the court. 12,811
(D) The notice to the judgment debtor form and the request 12,814
for hearing form described in division (C) of this section shall
be sent by the clerk by ordinary or regular mail service unless 12,815
the judgment creditor requests that service be made in accordance 12,816
with the Rules of Civil Procedure, in which case the forms shall 12,817
be served in accordance with the Rules of Civil Procedure. Any 12,819
court of common pleas that issues an order of garnishment of 12,820
property, other than personal earnings, under this section has 12,821
jurisdiction to serve process pursuant to this section upon a 12,822
garnishee who does not reside within the jurisdiction of the 12,823
court. Any county court or municipal court that issues an order 12,824
of garnishment of property, other than personal earnings, under 12,825
this section has jurisdiction to serve process pursuant to this 12,826
section upon a garnishee who does not reside within the 12,827
jurisdiction of the court.
Sec. 2744.05. Notwithstanding any other provisions of the 12,836
Revised Code or rules of a court to the contrary, in an action 12,837
against a political subdivision to recover damages for injury, 12,838
death, or loss to person or property caused by an act or omission 12,840
in connection with a governmental or proprietary function: 12,841
(A) Punitive or exemplary damages shall not be awarded. 12,843
(B)(1) If a claimant receives or is entitled to receive 12,845
benefits for injuries or loss allegedly incurred from a policy or 12,846
286
policies of insurance or any other source, the benefits shall be 12,847
disclosed to the court, and the amount of the benefits shall be 12,848
deducted from any award against a political subdivision recovered 12,850
by that claimant. No insurer or other person is entitled to 12,851
bring an action under a subrogation provision in an insurance or 12,852
other contract against a political subdivision with respect to 12,853
those benefits. The amount of the benefits shall be deducted 12,854
from an award against a political subdivision under division 12,855
(B)(1) of this section regardless of whether the claimant may be 12,856
under an obligation to pay back the benefits upon recovery, in
whole or in part, for the claim. A claimant whose benefits have 12,857
been deducted from an award under division (B)(1) of this section 12,858
is not considered fully compensated and shall not be required to 12,859
reimburse a subrogated claim for benefits deducted from an award 12,860
pursuant to division (B)(1) of this section. 12,861
(2) Nothing in division (B)(1) of this section shall be 12,864
construed to do either of the following:
(a) Limit the rights of a beneficiary under a life 12,867
insurance policy or the rights of sureties under fidelity or 12,868
surety bonds; 12,869
(b) Prohibit the department of human JOB AND FAMILY 12,871
services from recovering from the political subdivision, pursuant 12,873
to section 5101.58 of the Revised Code, the cost of medical 12,875
assistance benefits provided under Chapter 5107., 5111., or 5115. 12,876
of the Revised Code.
(C)(1) There shall not be any limitation on compensatory 12,878
damages that represent the actual loss of the person who is 12,879
awarded the damages. However, except in wrongful death actions 12,880
brought pursuant to Chapter 2125. of the Revised Code, damages 12,881
that arise from the same cause of action, transaction or 12,882
occurrence, or series of transactions or occurrences and that do 12,883
not represent the actual loss of the person who is awarded the 12,884
damages shall not exceed two hundred fifty thousand dollars in 12,885
favor of any one person. The limitation on damages that do not 12,886
287
represent the actual loss of the person who is awarded the 12,887
damages provided in this division does not apply to court costs 12,888
that are awarded to a plaintiff, or to interest on a judgment 12,889
rendered in favor of a plaintiff, in an action against a 12,890
political subdivision. 12,891
(2) As used in this division, "the actual loss of the 12,893
person who is awarded the damages" includes all of the following: 12,894
(a) All wages, salaries, or other compensation lost by the 12,896
person injured as a result of the injury, including wages, 12,897
salaries, or other compensation lost as of the date of a judgment 12,898
and future expected lost earnings of the person injured; 12,899
(b) All expenditures of the person injured or another 12,901
person on behalf of the person injured for medical care or 12,902
treatment, for rehabilitation services, or for other care, 12,904
treatment, services, products, or accommodations that were 12,905
necessary because of the injury; 12,906
(c) All expenditures to be incurred in the future, as 12,908
determined by the court, by the person injured or another person 12,909
on behalf of the person injured for medical care or treatment, 12,911
for rehabilitation services, or for other care, treatment, 12,912
services, products, or accommodations that will be necessary 12,913
because of the injury;
(d) All expenditures of a person whose property was 12,915
injured or destroyed or of another person on behalf of the person 12,917
whose property was injured or destroyed in order to repair or
replace the property that was injured or destroyed; 12,918
(e) All expenditures of the person injured or of the 12,920
person whose property was injured or destroyed or of another 12,921
person on behalf of the person injured or of the person whose 12,922
property was injured or destroyed in relation to the actual 12,923
preparation or presentation of the claim involved; 12,924
(f) Any other expenditures of the person injured or of the 12,926
person whose property was injured or destroyed or of another 12,927
person on behalf of the person injured or of the person whose 12,928
288
property was injured or destroyed that the court determines 12,929
represent an actual loss experienced because of the personal or 12,930
property injury or property loss. 12,931
"The actual loss of the person who is awarded the damages" 12,933
does not include any fees paid or owed to an attorney for any 12,934
services rendered in relation to a personal or property injury or 12,935
property loss, and does not include any damages awarded for pain 12,936
and suffering, for the loss of society, consortium, 12,937
companionship, care, assistance, attention, protection, advice, 12,938
guidance, counsel, instruction, training, or education of the 12,939
person injured, for mental anguish, or for any other intangible 12,940
loss. 12,941
Sec. 2913.40. (A) As used in this section: 12,950
(1) "Statement or representation" means any oral, written, 12,952
electronic, electronic impulse, or magnetic communication that is 12,953
used to identify an item of goods or a service for which 12,954
reimbursement may be made under the medical assistance program or 12,955
that states income and expense and is or may be used to determine 12,956
a rate of reimbursement under the medical assistance program. 12,957
(2) "Medical assistance program" means the program 12,959
established by the department of human JOB AND FAMILY services to 12,961
provide medical assistance under section 5111.01 of the Revised 12,962
Code and the medicaid program of Title XIX of the "Social 12,963
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended. 12,964
(3) "Provider" means any person who has signed a provider 12,966
agreement with the department of human JOB AND FAMILY services to 12,968
provide goods or services pursuant to the medical assistance 12,969
program or any person who has signed an agreement with a party to 12,970
such a provider agreement under which the person agrees to 12,971
provide goods or services that are reimbursable under the medical 12,972
assistance program. 12,973
(4) "Provider agreement" means an oral or written 12,975
agreement between the department of human JOB AND FAMILY services 12,977
and a person in which the person agrees to provide goods or 12,978
289
services under the medical assistance program. 12,979
(5) "Recipient" means any individual who receives goods or 12,981
services from a provider under the medical assistance program. 12,982
(6) "Records" means any medical, professional, financial, 12,984
or business records relating to the treatment or care of any 12,985
recipient, to goods or services provided to any recipient, or to 12,986
rates paid for goods or services provided to any recipient and 12,987
any records that are required by the rules of the department 12,988
DIRECTOR of human JOB AND FAMILY services to be kept for the 12,990
medical assistance program. 12,991
(B) No person shall knowingly make or cause to be made a 12,993
false or misleading statement or representation for use in 12,994
obtaining reimbursement from the medical assistance program. 12,995
(C) No person, with purpose to commit fraud or knowing 12,997
that the person is facilitating a fraud, shall do either of the 12,998
following: 12,999
(1) Contrary to the terms of the person's provider 13,001
agreement, charge, solicit, accept, or receive for goods or 13,002
services that the person provides under the medical assistance 13,004
program any property, money, or other consideration in addition 13,005
to the amount of reimbursement under the medical assistance 13,006
program and the person's provider agreement for the goods or 13,007
services and any deductibles or co-payments authorized by section 13,008
5111.02 of the Revised Code or by any rules adopted pursuant to 13,009
that section.
(2) Solicit, offer, or receive any remuneration, other 13,011
than any deductibles or co-payments authorized by section 5111.02 13,012
of the Revised Code or by any rules adopted pursuant to that 13,013
section, in cash or in kind, including, but not limited to, a 13,014
kickback or rebate, in connection with the furnishing of goods or 13,015
services for which whole or partial reimbursement is or may be 13,016
made under the medical assistance program. 13,017
(D) No person, having submitted a claim for or provided 13,019
goods or services under the medical assistance program, shall do 13,020
290
either of the following for a period of at least six years after 13,021
a reimbursement pursuant to that claim, or a reimbursement for 13,022
those goods or services, is received under the medical assistance 13,023
program: 13,024
(1) Knowingly alter, falsify, destroy, conceal, or remove 13,026
any records that are necessary to fully disclose the nature of 13,027
all goods or services for which the claim was submitted, or for 13,028
which reimbursement was received, by the person; 13,029
(2) Knowingly alter, falsify, destroy, conceal, or remove 13,031
any records that are necessary to disclose fully all income and 13,032
expenditures upon which rates of reimbursements were based for 13,033
the person. 13,034
(E) Whoever violates this section is guilty of medicaid 13,036
fraud. Except as otherwise provided in this division, medicaid 13,038
fraud is a misdemeanor of the first degree. If the value of 13,039
property, services, or funds obtained in violation of this 13,040
section is five hundred dollars or more and is less than five 13,041
thousand dollars, medicaid fraud is a felony of the fifth degree. 13,042
If the value of property, services, or funds obtained in
violation of this section is five thousand dollars or more and is 13,043
less than one hundred thousand dollars, medicaid fraud is a 13,045
felony of the fourth degree. If the value of the property, 13,046
services, or funds obtained in violation of this section is one 13,047
hundred thousand dollars or more, medicaid fraud is a felony of 13,049
the third degree.
(F) Upon application of the governmental agency, office, 13,051
or other entity that conducted the investigation and prosecution 13,052
in a case under this section, the court shall order any person 13,053
who is convicted of a violation of this section for receiving any 13,054
reimbursement for furnishing goods or services under the medical 13,055
assistance program to which the person is not entitled to pay to 13,057
the applicant its cost of investigating and prosecuting the case. 13,058
The costs of investigation and prosecution that a defendant is 13,059
ordered to pay pursuant to this division shall be in addition to 13,060
291
any other penalties for the receipt of that reimbursement that 13,061
are provided in this section, section 5111.03 of the Revised 13,062
Code, or any other provision of law. 13,063
(G) The provisions of this section are not intended to be 13,065
exclusive remedies and do not preclude the use of any other 13,066
criminal or civil remedy for any act that is in violation of this 13,067
section. 13,068
Sec. 2949.26. The body of an executed convict shall be 13,077
returned for burial in any county of the state, to friends who 13,078
made written request therefor, if made to the warden the day 13,079
before or on the morning of the execution. The warden may pay 13,080
the transportation and other funeral expenses, not to exceed
fifty dollars. 13,081
If no request is made by such friends therefor, such body 13,083
shall be disposed of as provided by section 1713.34 of the 13,084
Revised Code and the rules of the department DIRECTOR of human 13,085
JOB AND FAMILY services. 13,086
Sec. 2950.11. (A) As used in this section, "specified 13,095
geographical notification area" means the geographic area or 13,096
areas within which the attorney general, by rule adopted under 13,097
section 2950.13 of the Revised Code, requires the notice 13,098
described in division (B) of this section to be given to the 13,099
persons identified in divisions (A)(2) to (8) of this section. 13,100
If a person is convicted of or pleads guilty to, or has been 13,101
convicted of or pleaded guilty to, a sexually oriented offense, 13,102
and if the offender has been adjudicated as being a sexual 13,103
predator relative to the sexually oriented offense and the court 13,104
has not subsequently determined pursuant to division (D) of 13,105
section 2950.09 of the Revised Code that the offender no longer 13,106
is a sexual predator or the offender has been determined pursuant
to division (C)(2) or (E) of section 2950.09 of the Revised Code 13,108
to be a habitual sex offender and the court has imposed a 13,109
requirement under that division subjecting the habitual sex 13,110
offender to this section, the sheriff with whom the offender has 13,111
292
most recently registered under section 2950.04 or 2950.05 of the 13,112
Revised Code, within the period of time specified in division (C) 13,114
of this section, shall provide a written notice containing the 13,115
information set forth in division (B) of this section to all of 13,116
the following persons:
(1) All occupants of residences adjacent to the offender's 13,118
place of residence that are located within the county served by 13,119
the sheriff and all additional neighbors of the offender who are 13,120
within any category that the attorney general by rule adopted 13,121
under section 2950.13 of the Revised Code requires to be provided 13,122
the notice and who reside within the county served by the 13,123
sheriff;
(2) The executive director of the public children services 13,125
agency, as defined in section 2151.011 of the Revised Code, that 13,127
has jurisdiction within the specified geographical notification 13,128
area and that is located within the county served by the sheriff;
(3) The superintendent of each board of education of a 13,130
school district that has schools within the specified 13,131
geographical notification area and that is located within the 13,132
county served by the sheriff;
(4) The appointing or hiring officer of each chartered 13,134
nonpublic school located within the specified geographical 13,135
notification area and within the county served by the sheriff or 13,136
of each other school located within the specified geographical 13,137
notification area and within the county served by the sheriff and 13,138
that is not operated by a board of education described in 13,140
division (A)(3) of this section;
(5) The director, head teacher, elementary principal, or 13,142
site administrator of each preschool program governed by Chapter 13,143
3301. of the Revised Code that is located within the specified 13,144
geographical notification area and within the county served by 13,145
the sheriff;
(6) The administrator of each child day-care center or 13,147
type A family day-care home that is located within the specified 13,149
293
geographical notification area and within the county served by 13,150
the sheriff, and the provider of each certified type B family 13,151
day-care home that is located within the specified geographical 13,152
notification area and within the county served by the sheriff. 13,153
As used in this division, "child day-care center," "type A family 13,154
day-care home," and "certified type B family day-care home" have 13,155
the same meanings as in section 5104.01 of the Revised Code.
(7) The president or other chief administrative officer of 13,157
each institution of higher education, as defined in section 13,159
2907.03 of the Revised Code, that is located within the specified 13,160
geographical notification area and within the county served by
the sheriff, and the chief law enforcement officer of the state 13,162
university law enforcement agency or campus police department 13,163
established under section 3345.04 or 1713.50 of the Revised Code, 13,164
if any, that serves that institution; 13,165
(8) The sheriff of each county that includes any portion 13,167
of the specified geographical notification area; 13,168
(9) If the offender resides within the county served by 13,170
the sheriff, the chief of police, marshal, or other chief law 13,171
enforcement officer of the municipal corporation in which the 13,172
offender resides or, if the offender resides in an unincorporated 13,173
area, the constable or chief of the police department or police 13,174
district police force of the township in which the offender 13,175
resides.
(B) The notice required under division (A) of this section 13,178
shall include all of the following information regarding the 13,179
subject offender:
(1) The offender's name; 13,181
(2) The address or addresses at which the offender 13,183
resides;
(3) The sexually oriented offense of which the offender 13,185
was convicted or to which the offender pleaded guilty; 13,186
(4) A statement that the offender has been adjudicated as 13,188
being a sexual predator and that, as of the date of the notice, 13,189
294
the court has not entered a determination that the offender no 13,190
longer is a sexual predator, or a statement that the sentencing 13,192
or reviewing judge has determined that the offender is a habitual 13,194
sex offender.
(C) If a sheriff with whom an offender registers under 13,196
section 2950.04 or 2950.05 of the Revised Code is required by 13,197
division (A) of this section to provide notices regarding an 13,199
offender and if, pursuant to that requirement, the sheriff 13,200
provides a notice to a sheriff of one or more other counties in 13,202
accordance with division (A)(8) of this section, the sheriff of 13,203
each of the other counties who is provided notice under division 13,204
(A)(8) of this section shall provide the notices described in
divisions (A)(1) to (7) and (A)(9) of this section to each person 13,207
or entity identified within those divisions that is located 13,208
within the geographical notification area and within the county 13,209
served by the sheriff in question.
(D)(1) A sheriff required by division (A) or (C) of this 13,212
section to provide notices regarding an offender shall provide
the notice to the neighbors that is described in division (A)(1) 13,213
of this section and the notices to law enforcement personnel that 13,214
are described in divisions (A)(8) and (9) of this section no 13,215
later than seventy-two hours after the offender registers with 13,217
the sheriff or, if the sheriff is required by division (C) to 13,218
provide the notices, no later than seventy-two hours after the
sheriff is provided the notice described in division (A)(8) of 13,219
this section.
A sheriff required by division (A) or (C) of this section 13,222
to provide notices regarding an offender shall provide the
notices to all other specified persons that are described in 13,223
divisions (A)(2) to (7) of this section not later than seven days 13,224
after the offender registers with the sheriff, if the sheriff is 13,225
required by division (C) to provide the notices, no later than 13,227
seventy-two hours after the sheriff is provided the notice 13,228
described in division (A)(8) of this section.
295
(2) If an offender in relation to whom division (A) of 13,231
this section applies verifies the offender's current residence 13,232
address with a sheriff pursuant to section 2950.06 of the Revised 13,234
Code, the sheriff may provide a written notice containing the 13,235
information set forth in division (B) of this section to the 13,236
persons identified in divisions (A)(1) to (9) of this section. 13,238
If a sheriff provides a notice pursuant to this division to the 13,239
sheriff of one or more other counties in accordance with division 13,241
(A)(8) of this section, the sheriff of each of the other counties 13,242
who is provided the notice under division (A)(8) of this section 13,244
may provide, but is not required to provide, a written notice 13,245
containing the information set forth in division (B) of this 13,247
section to the persons identified in divisions (A)(1) to (7) and 13,249
(A)(9) of this section.
(E) All information that a sheriff possesses regarding a 13,251
sexual predator or a habitual sex offender that is described in 13,252
division (B) of this section and that must be provided in a 13,254
notice required under division (A) or (C) of this section or that 13,255
may be provided in a notice authorized under division (D)(2) of 13,256
this section is a public record that is open to inspection under 13,257
section 149.43 of the Revised Code.
(F) The notification provisions of this section do not 13,259
apply regarding a person who is convicted of or pleads guilty to, 13,260
or has been convicted of or pleaded guilty to, a sexually 13,261
oriented offense, who has not been adjudicated as being a sexual 13,262
predator relative to that sexually oriented offense, and who is 13,263
determined pursuant to division (C)(2) or (E) of section 2950.09 13,264
of the Revised Code to be a habitual sex offender unless the 13,265
sentencing or reviewing court imposes a requirement in the 13,266
offender's sentence and in the judgment of conviction that
contains the sentence, or imposes a requirement as described in 13,267
division (C)(2) of section 2950.09 of the Revised Code, that 13,268
subjects the offender to the provisions of this section. 13,269
(G) The department of human JOB AND FAMILY services shall 13,271
296
compile, maintain, and update in January and July of each year, a 13,273
list of all agencies, centers, or homes of a type described in 13,274
division (A)(2) or (6) of this section that contains the name of 13,276
each agency, center, or home of that type, the county in which it 13,277
is located, its address and telephone number, and the name of an 13,278
administrative officer or employee of the agency, center, or 13,279
home. The department of education shall compile, maintain, and 13,280
update in January and July of each year, a list of all boards of 13,282
education, schools, or programs of a type described in division 13,283
(A)(3), (4), or (5) of this section that contains the name of 13,284
each board of education, school, or program of that type, the 13,285
county in which it is located, its address and telephone number, 13,286
the name of the superintendent of the board or of an 13,287
administrative officer or employee of the school or program, and, 13,288
in relation to a board of education, the county or counties in 13,289
which each of its schools is located and the address of each such 13,290
school. The Ohio board of regents shall compile, maintain, and 13,291
update in January and July of each year, a list of all 13,293
institutions of a type described in division (A)(7) of this 13,294
section that contains the name of each such institution, the 13,295
county in which it is located, its address and telephone number, 13,296
and the name of its president or other chief administrative 13,297
officer. A sheriff required by division (A) or (C) of this 13,298
section, or authorized by division (D)(2) of this section, to 13,299
provide notices regarding an offender, or a designee of a sheriff 13,300
of that type, may request the department of human JOB AND FAMILY 13,301
services, department of education, or Ohio board of regents, by 13,303
telephone, in person, or by mail, to provide the sheriff or 13,304
designee with the names, addresses, and telephone numbers of the 13,305
appropriate persons and entities to whom the notices described in 13,306
divisions (A)(2) to (7) of this section are to be provided. Upon 13,308
receipt of a request, the department or board shall provide the 13,309
requesting sheriff or designee with the names, addresses, and 13,310
telephone numbers of the appropriate persons and entities to whom 13,311
297
those notices are to be provided. 13,312
Sec. 2950.13. (A) The attorney general shall do all of 13,321
the following:
(1) No later than July 1, 1997, establish and maintain a 13,323
state registry of sex offenders that is housed at the bureau of 13,324
criminal identification and investigation and that contains all 13,325
of the registration, change of residence address, and 13,326
verification information the bureau receives pursuant to sections 13,327
2950.04, 2950.05, and 2950.06 of the Revised Code regarding a 13,329
person who is convicted of or pleads guilty to, or has been
convicted of or pleaded guilty to, a sexually oriented offense 13,331
and all of the information the bureau receives pursuant to
section 2950.14 of the Revised Code; 13,332
(2) In consultation with local law enforcement 13,334
representatives and no later than July 1, 1997, adopt rules that 13,335
contain guidelines necessary for the implementation of this 13,336
chapter;
(3) In consultation with local law enforcement 13,338
representatives and no later than July 1, 1997, adopt rules for 13,339
the implementation and administration of the provisions contained 13,340
in section 2950.11 of the Revised Code that pertain to the 13,341
notification of neighbors of a person who has committed a 13,342
sexually oriented offense and has been adjudicated as being a 13,343
sexually violent predator or determined to be a habitual sex 13,344
offender, and rules that prescribe a manner in which victims of a
sexually oriented offense committed by a person who has been 13,345
adjudicated as being a sexual predator or determined to be a 13,346
habitual sex offender may make a request that specifies that the 13,347
victim would like to be provided the notices described in 13,348
divisions (A)(1) and (2) of section 2950.10 of the Revised Code. 13,349
(4) In consultation with local law enforcement 13,351
representatives and through the bureau of criminal identification 13,353
and investigation, prescribe the forms to be used by judges and
officials pursuant to section 2950.03 of the Revised Code to 13,355
298
advise offenders of their duties of registration, notification of
a change of residence address and registration of the new 13,356
residence address, and residence address verification under 13,357
sections 2950.04, 2950.05, and 2950.06 of the Revised Code, and 13,358
prescribe the forms to be used by sheriffs relative to those 13,359
duties of registration, change of residence address notification, 13,360
and residence address verification; 13,361
(5) Make copies of the forms prescribed under division (D) 13,363
of this section available to judges, officials, and sheriffs; 13,364
(6) Through the bureau of criminal identification and 13,366
investigation, provide the notifications, the information, and 13,368
the documents that the bureau is required to provide to
appropriate law enforcement officials and to the federal bureau 13,369
of investigation pursuant to sections 2950.04, 2950.05, and 13,370
2950.06 of the Revised Code;
(7) Through the bureau of criminal identification and 13,373
investigation, maintain the verification forms returned under the 13,374
residence address verification mechanism set forth in section
2950.06 of the Revised Code; 13,375
(8) In consultation with representatives of the officials, 13,377
judges, and sheriffs, adopt procedures for officials, judges, and 13,379
sheriffs to use to forward information, photographs, and
fingerprints to the bureau of identification and investigation 13,380
pursuant to the requirements of sections 2950.03, 2950.04, 13,381
2950.05, and 2950.06 of the Revised Code; 13,382
(9) In consultation with the director of education, the 13,384
director of human JOB AND FAMILY services, and the director of 13,386
rehabilitation and correction and no later than July 1, 1997, 13,387
adopt rules that contain guidelines to be followed by boards of 13,388
education of a school district, chartered nonpublic schools or 13,389
other schools not operated by a board of education, preschool 13,390
programs, child day-care centers, type A family day-care homes, 13,391
certified type B family day-care homes, and institutions of 13,392
higher education regarding the proper use and administration of 13,393
299
information received pursuant to section 2950.11 of the Revised 13,394
Code relative to a person who has been adjudicated as being a 13,395
sexual predator or determined to be a habitual sex offender; 13,396
(10) In consultation with local law enforcement 13,398
representatives and no later than July 1, 1997, adopt rules that 13,400
designate a geographic area or areas within which the notice 13,401
described in division (B) of section 2950.11 of the Revised Code 13,402
must be given to the persons identified in divisions (A)(2) to 13,403
(8) of that section.
(B) The attorney general, in consultation with local law 13,405
enforcement representatives, may adopt rules that establish one 13,406
or more categories of neighbors of an offender who, in addition 13,408
to the occupants of residences adjacent to an offender's place of 13,409
residence, must be given the notice described in division (B) of 13,410
section 2950.11 of the Revised Code. 13,411
(C) As used in this section, "local law enforcement 13,413
representatives" means representatives of the sheriffs of this 13,414
state, representatives of the municipal chiefs of police and 13,415
marshals of this state, and representatives of the township 13,416
constables and chiefs of police of the township police 13,417
departments or police district police forces of this state.
Sec. 2951.02. (A)(1) In determining whether to suspend a 13,427
sentence of imprisonment imposed upon an offender for a
misdemeanor and place the offender on probation or whether to 13,429
otherwise suspend a sentence of imprisonment imposed upon an
offender for a misdemeanor pursuant to division (A) of section 13,430
2929.51 of the Revised Code, the court shall consider the risk 13,431
that the offender will commit another offense and the need for 13,432
protecting the public from the risk, the nature and circumstances 13,433
of the offense, and the history, character, and condition of the 13,434
offender. 13,435
(2) An offender who has been convicted of or pleaded 13,437
guilty to a misdemeanor shall not be placed on probation and 13,438
shall not otherwise have the sentence of imprisonment imposed 13,439
300
upon the offender suspended pursuant to division (A) of section 13,441
2929.51 of the Revised Code if any of the following applies: 13,443
(a) The offender is a repeat or dangerous offender, as 13,446
defined in section 2935.36 of the Revised Code. 13,447
(b) The misdemeanor offense involved was not a violation 13,450
of section 2923.12 of the Revised Code and was committed while 13,451
the offender was armed with a firearm or dangerous ordnance, as 13,452
defined in section 2923.11 of the Revised Code. 13,454
(c) Under division (C) of section 2903.07 of the Revised 13,456
Code, the offender is not eligible for probation. 13,457
(B) The following do not control the court's discretion 13,459
but the court shall consider them in favor of placing an offender 13,460
who has been convicted of or pleaded guilty to a misdemeanor on 13,461
probation or in favor of otherwise suspending the offender's 13,462
sentence of imprisonment pursuant to division (A) of section 13,463
2929.51 of the Revised Code: 13,464
(1) The offense neither caused nor threatened serious harm 13,466
to persons or property, or the offender did not contemplate that 13,467
it would do so. 13,468
(2) The offense was the result of circumstances unlikely 13,470
to recur. 13,471
(3) The victim of the offense induced or facilitated it. 13,473
(4) There are substantial grounds tending to excuse or 13,475
justify the offense, though failing to establish a defense. 13,476
(5) The offender acted under strong provocation. 13,478
(6) The offender has no history of prior delinquency or 13,480
criminal activity, or has led a law-abiding life for a 13,481
substantial period before commission of the present offense. 13,482
(7) The offender is likely to respond affirmatively to 13,484
probationary or other court-imposed treatment. 13,485
(8) The character and attitudes of the offender indicate 13,487
that the offender is unlikely to commit another offense. 13,488
(9) The offender has made or will make restitution or 13,490
reparation to the victim of the offender's offense for the 13,491
301
injury, damage, or loss sustained. 13,492
(10) Imprisonment of the offender will entail undue 13,494
hardship to the offender or the offender's dependents. 13,495
(C)(1)(a) When an offender who has been convicted of or 13,497
pleaded guilty to a misdemeanor is placed on probation or the 13,499
sentence of that type of offender otherwise is suspended pursuant 13,500
to division (A) of section 2929.51 of the Revised Code, the 13,502
probation or other suspension shall be at least on condition 13,503
that, during the period of probation or other suspension, the 13,504
offender shall abide by the law, including, but not limited to, 13,505
complying with the provisions of Chapter 2923. of the Revised 13,506
Code relating to the possession, sale, furnishing, transfer, 13,507
disposition, purchase, acquisition, carrying, conveying, or use 13,508
of, or other conduct involving, a firearm or dangerous ordnance,
as defined in section 2923.11 of the Revised Code, and shall not 13,509
leave the state without the permission of the court or the 13,512
offender's probation officer. In the interests of doing justice,
rehabilitating the offender, and ensuring the offender's good 13,513
behavior, the court may impose additional requirements on the 13,514
offender, including, but not limited to, requiring the offender 13,515
to make restitution pursuant to section 2929.21 of the Revised 13,516
Code for all or part of the property damage that is caused by the 13,518
offender's offense and for all or part of the value of the
property that is the subject of any theft offense, as defined in 13,519
division (K) of section 2913.01 of the Revised Code, that the 13,520
offender committed. Compliance with the additional requirements 13,521
also shall be a condition of the offender's probation or other 13,522
suspension. 13,523
(b) When an offender who has been convicted of or pleaded 13,525
guilty to a felony is sentenced to a nonresidential sanction 13,526
pursuant to section 2929.17 of the Revised Code, the court shall 13,528
impose as a condition of the sanction that, during the period of 13,529
the nonresidential sanction, the offender shall abide by the law, 13,530
including, but not limited to, complying with the provisions of 13,531
302
Chapter 2923. of the Revised Code identified in division 13,533
(C)(1)(a) of this section. 13,534
(2) During the period of a misdemeanor offender's 13,536
probation or other suspension or during the period of a felon's 13,537
nonresidential sanction, authorized probation officers who are 13,539
engaged within the scope of their supervisory duties or 13,540
responsibilities may search, with or without a warrant, the 13,541
person of the offender, the place of residence of the offender,
and a motor vehicle, another item of tangible or intangible 13,542
personal property, or other real property in which the offender 13,543
has a right, title, or interest or for which the offender has the 13,544
express or implied permission of a person with a right, title, or 13,546
interest to use, occupy, or possess if the probation officers
have reasonable grounds to believe that the offender is not 13,547
abiding by the law or otherwise is not complying with the 13,548
conditions of the offender's probation or other suspension or the 13,550
conditions of the offender's nonresidential sanction. If a felon 13,551
who is sentenced to a nonresidential sanction is under the
general control and supervision of the adult parole authority, as 13,552
described in division (A)(2)(a) of section 2929.15 of the Revised 13,553
Code, adult parole authority field officers with supervisory 13,554
responsibilities over the felon shall have the same search 13,555
authority relative to the felon during the period of the sanction 13,556
as is described under this division for probation officers. The 13,557
court that places the offender on probation or suspends the 13,559
misdemeanor offender's sentence of imprisonment pursuant to
division (D)(2) or (4) of section 2929.51 of the Revised Code or 13,561
that sentences the felon to a nonresidential sanction pursuant to 13,562
section 2929.17 of the Revised Code shall provide the offender 13,563
with a written notice that informs the offender that authorized 13,564
probation officers or adult parole authority field officers with 13,565
supervisory responsibilities over the offender who are engaged 13,566
within the scope of their supervisory duties or responsibilities 13,567
may conduct those types of searches during the period of 13,569
303
probation or other suspension or during the period of the 13,570
nonresidential sanction if they have reasonable grounds to 13,571
believe that the offender is not abiding by the law or otherwise 13,572
is not complying with the conditions of the offender's probation
or other suspension or the conditions of the offender's 13,573
nonresidential sanction. 13,574
(D) The following do not control the court's discretion 13,576
but the court shall consider them against placing an offender who 13,577
has been convicted of or pleaded guilty to a misdemeanor on 13,578
probation and against otherwise suspending the offender's 13,579
sentence of imprisonment pursuant to division (A) of section 13,580
2929.51 of the Revised Code:
(1) The offender recently violated the conditions of 13,582
pardon, post-release control pursuant to section 2967.28 of the 13,584
Revised Code, or a probation or suspension pursuant to division 13,586
(A) of section 2929.51 of the Revised Code, previously granted 13,587
the offender.
(2) There is a substantial risk that, while at liberty 13,589
during the period of probation or other suspension, the offender 13,590
will commit another offense. 13,591
(3) The offender is in need of correctional or 13,593
rehabilitative treatment that can be provided best by the 13,594
offender's commitment to a locally governed and operated 13,595
residential facility.
(4) Regardless of whether the offender knew the age of the 13,597
victim, the victim of the offense was sixty-five years of age or 13,598
older or permanently and totally disabled at the time of the 13,599
commission of the offense. 13,600
(E) The criteria listed in divisions (B) and (D) of this 13,602
section shall not be construed to limit the matters that may be 13,603
considered in determining whether to suspend sentence of 13,604
imprisonment and place an offender who has been convicted of or 13,605
pleaded guilty to a misdemeanor on probation or whether to 13,606
otherwise suspend the offender's sentence of imprisonment 13,607
304
pursuant to division (A) of section 2929.51 of the Revised Code. 13,609
(F)(1) When an offender is convicted of or pleads guilty 13,613
to a misdemeanor, the court may require the offender, as a 13,614
condition of probation or as a condition of otherwise suspending 13,615
the offender's sentence pursuant to division (A) of section 13,616
2929.51 of the Revised Code, in addition to the conditions of 13,617
probation or other suspension imposed pursuant to division (C) of 13,618
this section, to perform supervised community service work under 13,619
the authority of health districts, park districts, counties, 13,620
municipal corporations, townships, other political subdivisions 13,621
of the state, or agencies of the state or any of its political 13,622
subdivisions, or under the authority of charitable organizations 13,623
that render services to the community or its citizens, in 13,624
accordance with this division. Supervised community service work 13,625
shall not be required as a condition of probation or other 13,626
suspension under this division unless the offender agrees to 13,627
perform the work offered as a condition of probation or other 13,628
suspension by the court. The court may require an offender who 13,629
agrees to perform the work to pay to it a reasonable fee to cover 13,630
the costs of the offender's participation in the work, including, 13,631
but not limited to, the costs of procuring a policy or policies 13,632
of liability insurance to cover the period during which the 13,633
offender will perform the work.
A court may permit any offender convicted of a misdemeanor 13,635
to satisfy the payment of a fine imposed for the offense by 13,636
performing supervised community service work as described in this 13,637
division if the offender requests an opportunity to satisfy the 13,638
payment by this means and if the court determines the offender is 13,639
financially unable to pay the fine. 13,640
The supervised community service work that may be imposed 13,642
under this division shall be subject to the following 13,643
limitations: 13,644
(a) The court shall fix the period of the work and, if 13,646
necessary, shall distribute it over weekends or over other 13,647
305
appropriate times that will allow the offender to continue at the 13,648
offender's occupation or to care for the offender's family. The 13,649
period of the work as fixed by the court shall not exceed an 13,650
aggregate of two hundred hours. 13,651
(b) An agency, political subdivision, or charitable 13,653
organization must agree to accept the offender for the work 13,654
before the court requires the offender to perform the work for 13,655
the entity. A court shall not require an offender to perform 13,656
supervised community service work for an agency, political 13,657
subdivision, or charitable organization at a location that is an 13,658
unreasonable distance from the offender's residence or domicile, 13,659
unless the offender is provided with transportation to the 13,660
location where the work is to be performed. 13,661
(c) A court may enter into an agreement with a county 13,663
department of human JOB AND FAMILY services for the management, 13,664
placement, and supervision of offenders eligible for community 13,666
service work in work activities, developmental activities, and 13,668
alternative work activities under sections 5107.40 to 5107.69 of 13,670
the Revised Code. If a court and a county department of human 13,672
JOB AND FAMILY services have entered into an agreement of that 13,673
nature, the clerk of that court is authorized to pay directly to 13,674
the COUNTY department of human services all or a portion of the 13,675
fees collected by the court pursuant to this division in 13,677
accordance with the terms of its agreement. 13,678
(d) Community service work that a court requires under 13,680
this division shall be supervised by an official of the agency, 13,681
political subdivision, or charitable organization for which the 13,682
work is performed or by a person designated by the agency, 13,683
political subdivision, or charitable organization. The official 13,684
or designated person shall be qualified for the supervision by 13,685
education, training, or experience, and periodically shall 13,686
report, in writing, to the court and to the offender's probation 13,687
officer concerning the conduct of the offender in performing the 13,688
work. 13,689
306
(2) When an offender is convicted of a felony, the court 13,691
may impose pursuant to sections 2929.15 and 2929.17 of the 13,692
Revised Code a sanction that requires the offender to perform 13,693
supervised community service work in accordance with this 13,694
division and under the authority of any agency, political 13,695
subdivision, or charitable organization as described in division 13,696
(F)(1) of this section. The court may require an offender who is 13,697
ordered to perform the work to pay to it a reasonable fee to 13,698
cover the costs of the offender's participation in the work, 13,699
including, but not limited to, the costs of procuring a policy or 13,700
policies of liability insurance to cover the period during which 13,701
the offender will perform the work. 13,702
A court may permit an offender convicted of a felony to 13,704
satisfy the payment of a fine imposed for the offense pursuant to 13,705
section 2929.18 of the Revised Code by performing supervised 13,706
community service work as described in this division if the court 13,708
determines that the offender is financially unable to pay the 13,709
fine.
The supervised community service work that may be imposed 13,711
under this division shall be subject to the limitations specified 13,712
in divisions (F)(1)(a) to (d) of this section, except that the 13,713
court is not required to obtain the agreement of the offender to 13,714
impose supervised community work as a sanction. Additionally, 13,715
the total of any period of supervised community service work 13,716
imposed on an offender under this division plus the period of all 13,717
other sanctions imposed pursuant to sections 2929.15, 2929.16, 13,718
2929.17, and 2929.18 of the Revised Code shall not exceed five
years.
(G)(1) When an offender is convicted of a violation of 13,720
section 4511.19 of the Revised Code, a municipal ordinance 13,721
relating to operating a vehicle while under the influence of 13,722
alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 13,723
municipal ordinance relating to operating a vehicle with a 13,724
prohibited concentration of alcohol in the blood, breath, or 13,725
307
urine or of a misdemeanor violation of section 2903.07 of the 13,726
Revised Code or an equivalent violation of a municipal ordinance 13,728
that is substantially similar to section 2903.07 of the Revised 13,730
Code and that provides for that type of finding by a jury or 13,731
judge in a case in which the jury or judge found that the 13,732
offender was under the influence of alcohol at the time of the 13,733
commission of the offense, the court may require, as a condition 13,734
of probation in addition to the required conditions of probation 13,735
and the discretionary conditions of probation that may be imposed 13,736
pursuant to division (C) of this section, any suspension or 13,737
revocation of a driver's or commercial driver's license or permit 13,738
or nonresident operating privilege, and all other penalties 13,739
provided by law or by ordinance, that the offender operate only a 13,740
motor vehicle equipped with an ignition interlock device that is 13,741
certified pursuant to section 4511.83 of the Revised Code. 13,742
(2) When a court requires an offender, as a condition of 13,744
probation pursuant to division (G)(1) of this section, to operate 13,745
only a motor vehicle equipped with an ignition interlock device 13,746
that is certified pursuant to section 4511.83 of the Revised 13,747
Code, the offender immediately shall surrender the offender's 13,748
driver's or commercial driver's license or permit to the court. 13,749
Upon the receipt of the offender's license or permit, the court 13,750
shall issue an order authorizing the offender to operate a motor 13,751
vehicle equipped with a certified ignition interlock device, 13,752
deliver the offender's license or permit to the bureau of motor 13,753
vehicles, and include in the abstract of the case forwarded to 13,754
the bureau pursuant to section 4507.021 of the Revised Code the 13,755
conditions of probation imposed pursuant to division (G)(1) of 13,756
this section. The court shall give the offender a copy of its 13,757
order, and that copy shall be used by the offender in lieu of a 13,758
driver's or commercial driver's license or permit until the 13,759
bureau issues a restricted license to the offender. 13,760
(3) Upon receipt of an offender's driver's or commercial 13,762
driver's license or permit pursuant to division (G)(2) of this 13,763
308
section, the bureau of motor vehicles shall issue a restricted 13,764
license to the offender. The restricted license shall be 13,765
identical to the surrendered license, except that it shall have 13,766
printed on its face a statement that the offender is prohibited 13,767
from operating a motor vehicle that is not equipped with an 13,768
ignition interlock device that is certified pursuant to section 13,769
4511.83 of the Revised Code. The bureau shall deliver the 13,770
offender's surrendered license or permit to the court upon 13,771
receipt of a court order requiring it to do so, or reissue the 13,772
offender's license or permit under section 4507.54 of the Revised 13,773
Code if the registrar destroyed the offender's license or permit 13,774
under that section. The offender shall surrender the restricted 13,775
license to the court upon receipt of the offender's surrendered 13,776
license or permit. 13,777
(4) If an offender violates a requirement of the court 13,779
imposed under division (G)(1) of this section, the offender's 13,780
driver's or commercial driver's license or permit or nonresident 13,781
operating privilege may be suspended as provided in section 13,782
4507.16 of the Revised Code. 13,783
(5) As used in this division, "ignition interlock device" 13,785
has the same meaning as in section 4511.83 of the Revised Code. 13,786
Sec. 2953.51. As used in sections 2953.51 to 2953.55 of 13,795
the Revised Code: 13,796
(A) "No bill" means a report by the foreman FOREPERSON or 13,798
deputy foreman FOREPERSON of a grand jury that an indictment is 13,800
not found by the grand jury against a person who has been held to 13,802
answer before the grand jury for the commission of an offense. 13,803
(B) "Prosecutor" has the same meaning as in section 13,805
2953.31 of the Revised Code. 13,806
(C) "Court" means the court in which a case is pending at 13,808
the time a finding of not guilty in the case or a dismissal of 13,809
the complaint, indictment, or information in the case is entered 13,810
on the minutes or journal of the court, or the court to which the 13,811
foreman FOREPERSON or deputy foreman FOREPERSON of a grand jury 13,813
309
reports, pursuant to section 2939.23 of the Revised Code, that 13,814
the grand jury has returned a no bill. 13,815
(D) "Official records" means all records that are 13,817
possessed by any public office or agency that relate to a 13,818
criminal case, including, but not limited to: the notation to 13,819
the case in the criminal docket; all subpoenas issued in the 13,821
case; all papers and documents filed by the defendant or the 13,822
prosecutor in the case; all records of all testimony and evidence 13,823
presented in all proceedings in the case; all court files, 13,824
papers, documents, folders, entries, affidavits, or writs that 13,825
pertain to the case; all computer, microfilm, microfiche, or
microdot records, indices, or references to the case; all index 13,826
references to the case; all fingerprints and photographs; all 13,827
records and investigative reports pertaining to the case that are 13,828
possessed by any law enforcement officer or agency, except that 13,829
any records or reports that are the specific investigatory work 13,830
product of a law enforcement officer or agency are not and shall 13,831
not be considered to be official records when they are in the 13,832
possession of that officer or agency; and all investigative 13,833
records and reports other than those possessed by a law 13,834
enforcement officer or agency pertaining to the case. "Official 13,835
records" does not include records or reports maintained pursuant 13,836
to section 2151.421 of the Revised Code by a public children 13,837
services agency or the department of human JOB AND FAMILY 13,838
services.
Sec. 3101.01. Male persons of the age of eighteen years, 13,847
and female persons of the age of sixteen years, not nearer of kin 13,848
than second cousins, and not having a husband or wife living, may 13,849
be joined in marriage. A minor must first obtain the consent of 13,850
the minor's parents, surviving parent, parent who is designated 13,852
the residential parent and legal custodian of the child by a 13,853
court of competent jurisdiction, guardian, or any one of the 13,856
following who has been awarded permanent custody of the minor by 13,857
a court exercising juvenile jurisdiction: 13,858
310
(A) An adult person; 13,860
(B) The department of human JOB AND FAMILY services or any 13,862
child welfare organization certified by such department; 13,863
(C) A public children services agency. 13,866
A minor shall not be required to obtain the consent of a 13,868
parent who resides in a foreign country, has neglected or 13,869
abandoned such minor for a period of one year or longer 13,870
immediately preceding the application for a marriage license, has 13,872
been adjudged incompetent, is an inmate of a state mental or 13,873
correctional institution, has been permanently deprived of 13,874
parental rights and responsibilities for the care of the child 13,875
and the right to have the child live with the parent and to be 13,876
the legal custodian of the child by a court exercising juvenile 13,878
jurisdiction, or has been deprived of parental rights and 13,879
responsibilities for the care of the child and the right to have 13,880
the child live with the parent and to be the legal custodian of 13,882
the child by the appointment of a guardian of the person of the 13,883
minor by the probate court or by any other court of competent 13,884
jurisdiction. 13,885
Sec. 3107.013. Not later than ninety days after the 13,894
effective date of this section, the department DIRECTOR of human 13,895
JOB AND FAMILY services shall adopt rules in accordance with 13,898
Chapter 119. of the Revised Code governing the education programs 13,899
an individual must complete for the purpose of division (A)(3) of 13,900
section 3107.012 of the Revised Code. The education programs 13,901
shall include courses on adoption placement practice, federal and 13,902
state adoption assistance programs, and post adoption support 13,903
services.
Sec. 3107.031. An assessor shall conduct a home study for 13,912
the purpose of ascertaining whether a person seeking to adopt a 13,913
minor is suitable to adopt. A written report of the home study 13,914
shall be filed with the court at least ten days before the 13,915
petition for adoption is heard.
The report shall contain the opinion of the assessor as to 13,917
311
whether the person who is the subject of the report is suitable 13,918
to adopt a minor and other information and documents specified in 13,920
rules adopted by the department DIRECTOR of human JOB AND FAMILY 13,921
services under section 3107.032 of the Revised Code. The 13,923
assessor shall not consider the person's age when determining 13,924
whether the person is suitable to adopt if the person is old 13,925
enough to adopt as provided by section 3107.03 of the Revised
Code. 13,926
An assessor may request departments or agencies within or 13,929
outside this state to assist in the home study as may be
appropriate and to make a written report to be included with and 13,930
attached to the report to the court. The assessor shall make 13,931
similar home studies and reports on behalf of other assessors 13,932
designated by the courts of this state or another place. 13,933
Upon order of the court, the costs of the home study and 13,935
other proceedings shall be paid by the person seeking to adopt, 13,936
and, if the home study is conducted by a public agency or public 13,937
employee, the part of the cost representing any services and 13,938
expenses shall be taxed as costs and paid into the state treasury 13,939
or county treasury, as the court may direct.
On request, the assessor shall provide the person seeking 13,941
to adopt a copy of the report of the home study. The assessor 13,942
shall delete from that copy any provisions concerning the opinion 13,943
of other persons, excluding the assessor, of the person's 13,944
suitability to adopt a minor.
Sec. 3107.032. Not later than ninety days after the 13,953
effective date of this section JUNE 20, 1996, the department 13,954
DIRECTOR of human JOB AND FAMILY services shall adopt rules in 13,956
accordance with Chapter 119. of the Revised Code specifying the 13,957
manner in which a home study is to be conducted and the 13,958
information and documents to be included in a home study report. 13,959
Sec. 3107.051. (A) Except as provided in division (B) of 13,969
this section, a person seeking to adopt a minor, or the agency or 13,970
attorney arranging the adoption, shall submit a petition for the 13,971
312
minor's adoption no later than ninety days after the date the 13,972
minor is placed in the person's home. Failure to file a petition 13,973
within the time provided by this division does not affect a
court's jurisdiction to hear the petition and is not grounds for 13,974
denying the petition.
(B) This section does not apply if any of the following 13,976
apply: 13,977
(1) The person seeking to adopt the minor is the minor's 13,979
stepparent;
(2) The minor was not originally placed in the person's 13,981
home with the purpose of the person adopting the minor; 13,982
(3) The minor is a "child with special needs," as defined 13,984
by the department DIRECTOR of human JOB AND FAMILY services in 13,986
accordance with section 5153.163 of the Revised Code.
Sec. 3107.062. The department of human JOB AND FAMILY 13,996
services shall establish a putative father registry. To 13,998
register, a putative father must complete a registration form 13,999
prescribed under section 3107.065 of the Revised Code and submit 14,000
it to the department. The registration form shall include the 14,001
putative father's name; the address or telephone number at which 14,002
he wishes to receive, pursuant to section 3107.11 of the Revised 14,003
Code, notice of a petition to adopt the minor he claims as his
child; and the name of the mother of the minor. 14,004
A putative father may register before or not later than 14,006
thirty days after the birth of the child. No fee shall be 14,008
charged for registration.
On receipt of a completed registration form, the department 14,010
shall indicate on the form the date of receipt and file it in the 14,011
putative father registry. The department shall maintain 14,012
registration forms in a manner that enables it to access a 14,013
registration form using either the name of the putative father or 14,014
of the mother.
Sec. 3107.063. A mother or an agency or attorney arranging 14,024
a minor's adoption may request at any time that the department of 14,025
313
human JOB AND FAMILY services search the putative father registry 14,027
to determine whether a man is registered as the minor's putative 14,028
father. The request shall include the mother's name. On receipt
of the request, the department shall search the registry. If the 14,029
department determines that a man is registered as the minor's 14,031
putative father, it shall provide the mother, agency, or attorney 14,032
a certified copy of the man's registration form. If the 14,033
department determines that no man is registered as the minor's
putative father, it shall provide the mother, agency, or attorney 14,034
a certified written statement to that effect. The department 14,035
shall specify in the statement the date the search request was 14,036
submitted. No fee shall be charged for searching the registry. 14,037
Division (B) of section 3107.17 of the Revised Code does 14,040
not apply to this section.
Sec. 3107.064. (A) Except as provided in division (B) of 14,051
this section, a court shall not issue a final decree of adoption
or finalize an interlocutory order of adoption unless the mother 14,052
placing the minor for adoption or the agency or attorney 14,053
arranging the adoption files with the court a certified document 14,054
provided by the department of human JOB AND FAMILY services under 14,055
section 3107.063 of the Revised Code. The court shall not accept
the document unless the date the department places on the 14,056
document pursuant to that section is thirty-one or more days 14,057
after the date of the minor's birth. 14,058
(B) The document described in division (A) of this section 14,061
is not required if any of the following apply:
(1) The mother was married at the time the minor was 14,063
conceived or born;
(2) The parent placing the minor for adoption previously 14,065
adopted the minor; 14,066
(3) Prior to the date a petition to adopt the minor is 14,068
filed, a man has been determined to have a parent and child 14,069
relationship with the minor by a court proceeding pursuant to 14,070
sections 3111.01 to 3111.19 of the Revised Code, a court 14,071
314
proceeding in another state, an administrative agency proceeding 14,072
pursuant to sections 3111.20 to 3111.29 of the Revised Code, or
an administrative agency proceeding in another state; 14,073
(4) The minor's father acknowledged paternity of the minor 14,075
and that acknowledgment has become final pursuant to section 14,077
2151.232, 3111.211, or 5101.314 of the Revised Code; 14,078
(5) A public children services agency has permanent 14,081
custody of the minor pursuant to Chapter 2151. or division (B) of 14,082
section 5103.15 of the Revised Code after both parents lost or 14,083
surrendered parental rights, privileges, and responsibilities 14,084
over the minor.
Sec. 3107.065. Not later than ninety days after the 14,093
effective date of this section, the department DIRECTOR of human 14,094
JOB AND FAMILY services shall do both of the following: 14,096
(A) Adopt rules in accordance with Chapter 119. of the 14,098
Revised Code governing the putative father registry. The rules 14,100
shall establish the registration form to be used by a putative
father under section 3107.062 of the Revised Code. 14,101
(B) Establish a campaign to promote awareness of the 14,103
putative father registry. The campaign shall include 14,104
informational materials about the registry. 14,105
Sec. 3107.071. If a parent enters into a voluntary 14,115
permanent custody surrender agreement under division (B)(2) of 14,116
section 5103.15 of the Revised Code on or after the effective 14,117
date of this section, the parent's consent to the adoption of the 14,119
child who is the subject of the agreement is required unless all 14,120
of the following requirements are met:
(A) In the case of a parent whose child, if adopted, will 14,123
be an adopted person as defined in section 3107.45 of the Revised 14,124
Code:
(1) The parent does all of the following: 14,126
(a) signs SIGNS the component of the form prescribed by 14,128
the department of human services under division (A)(1)(a) of 14,129
section 3107.083 of the Revised Code; 14,130
315
(b) Checks either the "yes" or "no" space provided on the 14,132
component of the form prescribed under division (A)(1)(b) of 14,133
section 3107.083 of the Revised Code and signs that component; 14,134
(c) If the parent is the mother, completes and signs the 14,136
component of the form prescribed under division (A)(1)(c) of 14,138
section 3107.083 of the Revised Code.
(2) The agency provides the parent the opportunity to 14,140
sign, if the parent chooses to do so, the components of the form 14,141
prescribed under divisions (A)(1)(d), (e), and (f) of section 14,142
3107.083 of the Revised Code;
(3) The agency files with the juvenile and probate courts 14,144
the form prescribed under division (A)(1) of section 3107.083 of 14,145
the Revised Code signed by the parent, provides a copy of the 14,146
form signed by the parent to the parent, and keeps a copy of the 14,147
form signed by the parent in the agency's records. 14,148
The court shall keep a copy of the form signed by the 14,150
parent in the court records. 14,151
(B) In the case of a parent whose child, if adopted, will 14,154
be an adopted person as defined in section 3107.39 of the Revised 14,155
Code:
(1) The parent does both of the following: 14,157
(a) Signs the component of the form prescribed by the 14,159
department of human services under division (B)(1)(a) of section 14,160
3107.083 of the Revised Code; 14,161
(b) If the parent is the mother, completes and signs the 14,163
component of the form prescribed under division (B)(1)(b) of 14,165
section 3107.083 of the Revised Code.
(2) The agency provides the parent the opportunity to 14,167
sign, if the parent chooses to do so, the components of the form 14,168
prescribed under divisions (B)(1)(c), (d), and (e) of section 14,169
3107.083 of the Revised Code at the time the parent enters into 14,170
the agreement with the agency;
(3) The agency files the form signed by the parent with 14,173
the juvenile and probate courts, provides a copy of the form
316
signed by the parent to the parent, and keeps a copy of the form 14,175
signed by the parent in the agency's records. 14,176
The court shall keep a copy of the form signed by the 14,178
parent in the court records. 14,179
Sec. 3107.081. (A) Except as provided in divisions (B), 14,189
(E), and (F) of this section, a parent of a minor, who will be, 14,191
if adopted, an adopted person as defined in section 3107.45 of
the Revised Code, shall do all of the following as a condition of 14,192
a court accepting the parent's consent to the minor's adoption: 14,193
(1) Appear personally before the court; 14,195
(2) Sign the component of the form prescribed by the 14,197
department of human services under division (A)(1)(a) of section 14,198
3107.083 of the Revised Code; 14,199
(3) Check either the "yes" or "no" space provided on the 14,201
component of the form prescribed under division (A)(1)(b) of 14,202
section 3107.083 of the Revised Code and sign that component; 14,203
(4) If the parent is the mother, complete and sign the 14,205
component of the form prescribed under division (A)(1)(c) of 14,206
section 3107.083 of the Revised Code. 14,207
At the time the parent signs the components of the form 14,209
prescribed under divisions (A)(1)(a), (b), and (c) of section 14,211
3107.083 of the Revised Code, the parent may sign, if the parent 14,212
chooses to do so, the components of the form prescribed under 14,213
divisions (A)(1)(d), (e), and (f) of that section. After the 14,214
parent signs the components required to be signed and any
discretionary components the parent chooses to sign, the parent, 14,215
or the attorney arranging the adoption, shall file the form and 14,216
parent's consent with the court. The court or attorney shall 14,217
give the parent a copy of the form and consent. The court and 14,218
attorney shall keep a copy of the form and consent in the court 14,219
and attorney's records of the adoption.
The court shall question the parent to determine that the 14,221
parent understands the adoption process, the ramifications of 14,222
consenting to the adoption, each component of the form prescribed 14,223
317
under division (A)(1) of section 3107.083 of the Revised Code, 14,224
and that the minor and adoptive parent may receive identifying 14,225
information about the parent in accordance with section 3107.47 14,226
of the Revised Code unless the parent checks the "no" space 14,227
provided on the component of the form prescribed under division 14,228
(A)(1)(b) of section 3107.083 of the Revised Code or has a denial 14,229
of release form filed with the department of health under section 14,230
3107.46 of the Revised Code. The court also shall question the 14,232
parent to determine that the parent's consent to the adoption and 14,233
any decisions the parent makes in filling out the form prescribed 14,234
under division (A)(1) of section 3107.083 of the Revised Code are 14,235
made voluntarily.
(B) The parents of a minor, who is less than six months of 14,238
age and will be, if adopted, an adopted person as defined in 14,239
section 3107.45 of the Revised Code, may consent to the minor's
adoption without personally appearing before a court if both 14,240
parents do all of the following: 14,241
(1) Execute a notarized statement of consent to the 14,243
minor's adoption before the attorney arranging the adoption; 14,244
(2) Sign the component of the form prescribed by the 14,246
department of human services under division (A)(1)(a) of section 14,247
3107.083 of the Revised Code; 14,248
(3) Check either the "yes" or "no" space provided on the 14,250
component of the form prescribed under division (A)(1)(b) of 14,251
section 3107.083 of the Revised Code and sign that component. 14,252
At the time the parents sign the components of the form 14,254
prescribed under divisions (A)(1)(a) and (b) of section 3107.083 14,255
of the Revised Code, the mother shall complete and sign the 14,256
component of the from FORM prescribed under division (A)(1)(c) of 14,258
that section and the attorney arranging the adoption shall 14,259
provide the parents the opportunity to sign, if they choose to do 14,260
so, the components of the form prescribed under divisions 14,261
(A)(1)(d), (e), and (f) of that section. At the time the 14,262
petition to adopt the minor is submitted to the court, the 14,263
318
attorney shall file the parents' consents and forms with the 14,264
court. The attorney shall give the parents a copy of the
consents and forms. At the time the attorney files the consents 14,265
and forms with the court, the attorney also shall file with the 14,266
court all other documents the department DIRECTOR of human JOB 14,268
AND FAMILY services requires by rules adopted under division (D) 14,270
of section 3107.083 of the Revised Code to be filed with the
court. The court and attorney shall keep a copy of the consents, 14,271
forms, and documents in the court and attorney's records of the 14,272
adoption.
(C) Except as provided in divisions (D), (E), and (F) of 14,274
this section, a parent of a minor, who will be, if adopted, an 14,275
adopted person as defined in section 3107.39 of the Revised Code, 14,276
shall do all of the following as a condition of a court accepting 14,277
the parent's consent to the minor's adoption:
(1) Appear personally before the court; 14,279
(2) Sign the component of the form prescribed by the 14,281
department of human services under division (B)(1)(a) of section 14,282
3107.083 of the Revised Code; 14,283
(3) If the parent is the mother, complete and sign the 14,285
component of the form prescribed under division (B)(1)(b) of 14,286
section 3107.083 of the Revised Code. 14,287
At the time the parent signs the components prescribed 14,289
under divisions (B)(1)(a) and (b) of section 3107.083 of the 14,291
Revised Code, the parent may sign, if the parent chooses to do 14,292
so, the components of the form prescribed under divisions 14,293
(B)(1)(c), (d), and (e) of that section. After the parent signs 14,294
the components required to be signed and any discretionary 14,295
components the parent chooses to sign, the parent, or the 14,296
attorney arranging the adoption, shall file the form and parent's 14,297
consent with the court. The court or attorney shall give the 14,298
parent a copy of the form and consent. The court and attorney
shall keep a copy of the form and consent in the court and 14,300
attorney's records of the adoption. 14,301
319
The court shall question the parent to determine that the 14,303
parent understands the adoption process, the ramifications of 14,304
consenting to the adoption, and each component of the form 14,305
prescribed under division (B)(1) of section 3107.083 of the 14,306
Revised Code. The court also shall question the parent to 14,307
determine that the parent's consent to the adoption and any 14,308
decisions the parent makes in filling out the form are made 14,309
voluntarily.
(D) The parent of a minor who is less than six months of 14,312
age and will be, if adopted, an adopted person as defined in 14,313
section 3107.39 of the Revised Code may consent to the minor's
adoption without personally appearing before a court if the 14,314
parent does all of the following: 14,315
(1) Executes a notarized statement of consent to the 14,317
minor's adoption before the attorney arranging the adoption; 14,318
(2) Signs the component of the form prescribed by the 14,319
department of human services under division (B)(1)(a) of section 14,320
3107.083 of the Revised Code; 14,321
(3) If the parent is the mother, completes and signs the 14,323
component of the form prescribed under division (B)(1)(b) of 14,324
section 3107.083 of the Revised Code. 14,325
At the time the parent signs the components of the form 14,327
prescribed under division DIVISIONS (B)(1)(a) and (b) of section 14,328
3107.083 of the Revised Code, the attorney arranging the adoption 14,330
shall provide the parent the opportunity to sign, if the parent 14,331
chooses to do so, the components of the form prescribed under 14,332
divisions (B)(1)(c), (d), and (e) of that section. At the time 14,333
the petition to adopt the minor is submitted to the court, the 14,334
attorney shall file the parent's consent and form with the court. 14,336
The attorney shall give the parent a copy of the consent and 14,338
form. At the time the attorney files the consent and form with
the court, the attorney also shall file with the court all other 14,339
documents the department DIRECTOR of human JOB AND FAMILY 14,341
services requires by rules adopted under division (D) of section 14,343
320
3107.083 of the Revised Code to be filed with the court. The
court and attorney shall keep a copy of the consent, form, and 14,345
documents in the court and attorney's records of the adoption. 14,346
(E) If a minor is to be adopted by a stepparent, the 14,348
parent who is not married to the stepparent may consent to the 14,349
minor's adoption without appearing personally before a court if 14,350
the parent executes consent in the presence of a person 14,351
authorized to take acknowledgments. The attorney arranging the 14,352
adoption shall file the consent with the court and give the 14,353
parent a copy of the consent. The court and attorney shall keep 14,354
a copy of the consent in the court and attorney's records of the 14,355
adoption.
(F) If a parent of a minor to be adopted resides in 14,357
another state, the parent may consent to the minor's adoption 14,358
without appearing personally before a court if the parent 14,359
executes consent in the presence of a person authorized to take 14,360
acknowledgments. The attorney arranging the adoption shall file 14,361
the consent with the court and give the parent a copy of the 14,362
consent. The court and attorney shall keep a copy of the consent
in the court and attorney's records of the adoption. 14,363
Sec. 3107.082. Not less than seventy-two hours prior to 14,373
the date a parent executes consent to the adoption of the 14,374
parent's child under section 3107.081 of the Revised Code, an 14,375
assessor shall meet in person with the parent and do both of the 14,376
following unless the child is to be adopted by a stepparent or 14,377
the parent resides in another state:
(A) Provide the parent with a copy of the written 14,379
materials about adoption prepared by the department of human 14,380
services under division (C) of section 3107.083 of the Revised 14,382
Code, discuss with the parent the adoption process and 14,383
ramifications of a parent consenting to a child's adoption, and 14,384
provide the parent the opportunity to review the materials and to 14,385
ask questions about the materials, discussion, and related 14,386
matters;
321
(B) Unless the child, if adopted, will be an adopted 14,388
person as defined in section 3107.39 of the Revised Code, inform 14,389
the parent that the child and the adoptive parent may receive, in 14,391
accordance with section 3107.47 of the Revised Code, identifying 14,392
information about the parent that is contained in the child's 14,393
adoption file maintained by the department of health unless the 14,394
parent checks the "no" space provided on the component of the
form prescribed under division (A)(1)(b) of section 3107.083 of 14,396
the Revised Code or signs and has filed with the department a 14,397
denial of release form prescribed under section 3107.50 of the
Revised Code.
Sec. 3107.083. Not later than ninety days after the 14,407
effective date of this section JUNE 20, 1996, the department 14,408
DIRECTOR of human JOB AND FAMILY services shall do all of the 14,410
following: 14,411
(A)(1) For a parent of a child who, if adopted, will be an 14,413
adopted person as defined in section 3107.45 of the Revised Code, 14,414
prescribe a form that has the following six components: 14,415
(a) A component the parent signs under section 3107.071, 14,417
3107.081, or 5103.151 of the Revised Code to indicate the 14,418
requirements of section 3107.082 or 5103.152 of the Revised Code 14,419
have been met. The component shall be as follows: 14,420
"Statement Concerning Ohio Law and Adoption Materials 14,421
By signing this component of this form, I acknowledge that 14,424
it has been explained to me, and I understand, that, if I check 14,425
the space on the next component of this form that indicates that 14,426
I authorize the release, the adoption file maintained by the Ohio 14,428
Department of Health, which contains identifying information 14,429
about me at the time of my child's birth, will be released, on 14,430
request, to the adoptive parent when the adoptee is at least age 14,431
eighteen but younger than age twenty-one and to the adoptee when 14,432
he or she is age twenty-one or older. It has also been explained 14,433
to me, and I understand, that I may prohibit the release of 14,434
identifying information about me contained in the adoption file 14,435
322
by checking the space on the next component of this form that 14,436
indicates that I do not authorize the release of the identifying 14,438
information. It has additionally been explained to me, and I 14,439
understand, that I may change my mind regarding the decision I
make on the next component of this form at any time and as many 14,440
times as I desire by signing, dating, and having filed with the 14,441
Ohio Department of Health a denial of release form or 14,442
authorization of release form prescribed and provided by the 14,443
Department of Health and providing the Department two items of 14,445
identification.
By signing this component of this form, I also acknowledge 14,447
that I have been provided a copy of written materials about 14,448
adoption prepared by the Ohio Department of Human JOB AND FAMILY 14,450
Services, the adoption process and ramifications of consenting to 14,452
adoption or entering into a voluntary permanent custody surrender 14,453
agreement have been discussed with me, and I have been provided 14,454
the opportunity to review the materials and ask questions about 14,455
the materials and discussion.
Signature of biological parent:............................ 14,457
Signature of witness:...................................... 14,459
Date:....................................................." 14,461
(b) A component the parent signs under section 3107.071, 14,464
3107.081, or 5103.151 of the Revised Code regarding the parent's 14,465
decision whether to allow identifying information about the 14,466
parent contained in an adoption file maintained by the department 14,467
of health to be released to the parent's child and adoptive 14,469
parent pursuant to section 3107.47 of the Revised Code. The 14,470
component shall be as follows:
"Statement Regarding Release of Identifying Information 14,471
The purpose of this component of this form is to allow a 14,473
biological parent to decide whether to allow the Ohio Department 14,474
of Health to provide an adoptee and adoptive parent identifying 14,476
information about the adoptee's biological parent contained in an 14,477
adoption file maintained by the Department. Please check one of
323
the following spaces: 14,479
...... YES, I authorize the Ohio Department of Health to 14,481
release identifying information about me, on 14,482
request, to the adoptive parent when the adoptee 14,483
is at least age eighteen but younger than age
twenty-one and to the adoptee when he or she is 14,484
age twenty-one or older.
...... NO, I do not authorize the release of identifying 14,485
information about me to the adoptive parent or 14,486
adoptee.
Signature of biological parent:............................ 14,488
Signature of witness:...................................... 14,490
Date:....................................................." 14,492
(c) A component the parent, if the mother of the child, 14,494
completes and signs under section 3107.071, 3107.081, or 5103.151 14,495
of the Revised Code to indicate, to the extent of the mother's 14,496
knowledge, all of the following: 14,497
(i) Whether the mother, during her pregnancy, was a 14,499
recipient of the medical assistance program established under 14,500
Chapter 5111. of the Revised Code or other public health 14,502
insurance program and, if so, the dates her eligibility began and 14,503
ended;
(ii) Whether the mother, during her pregnancy, was covered 14,505
by private health insurance and, if so, the dates the coverage 14,506
began and ended, the name of the insurance provider, the type of 14,507
coverage, and the identification number of the coverage; 14,508
(iii) The name and location of the hospital, freestanding 14,510
birth center, or other place where the mother gave birth and, if 14,511
different, received medical care immediately after giving birth; 14,512
(iv) The expenses of the obstetrical and neonatal care; 14,514
(v) Whether the mother has been informed that the adoptive 14,516
parent or the agency or attorney arranging the adoption are to 14,517
pay expenses involved in the adoption, including expenses the 14,518
mother has paid and expects to receive or has received 14,519
324
reimbursement, and, if so, what expenses are to be or have been 14,520
paid and an estimate of the expenses;
(vi) Any other information related to expenses the 14,522
department determines appropriate to be included in this 14,523
component.
(d) A component the parent may sign to authorize the 14,526
agency or attorney arranging the adoption to provide to the child 14,527
or adoptive parent materials, other than photographs of the 14,528
parent, that the parent requests be given to the child or
adoptive parent pursuant to section 3107.68 of the Revised Code. 14,529
(e) A component the parent may sign to authorize the 14,532
agency or attorney arranging the adoption to provide to the child 14,533
or adoptive parent photographs of the parent pursuant to section 14,534
3107.68 of the Revised Code.
(f) A component the parent may sign to authorize the 14,537
agency or attorney arranging the adoption to provide to the child 14,538
or adoptive parent the first name of the parent pursuant to 14,539
section 3107.68 of the Revised Code.
(2) State at the bottom of the form that the parent is to 14,543
receive a copy of the form the parent signed.
(3) Provide copies of the form prescribed under this 14,545
division to probate and juvenile courts, public children services 14,547
agencies, private child placing agencies, private noncustodial 14,548
agencies, attorneys, and persons authorized to take 14,549
acknowledgments.
(B)(1) For a parent of a child who, if adopted, will 14,551
become an adopted person as defined in section 3107.39 of the 14,552
Revised Code, prescribe a form that has the following five 14,553
components:
(a) A component the parent signs under section 3107.071, 14,555
3107.081, or 5103.151 of the Revised Code to attest that the 14,557
requirement of division (A) of section 3107.082 or division (A) 14,558
of section 5103.152 of the Revised Code has been met; 14,559
(b) A component the parent, if the mother of the child, 14,561
325
completes and signs under section 3107.071, 3107.081, or 5103.151 14,562
of the Revised Code to indicate, to the extent of the mother's 14,563
knowledge, all of the following: 14,564
(i) Whether the mother, during her pregnancy, was a 14,566
recipient of the medical assistance program established under 14,567
Chapter 5111. of the Revised Code or other public health 14,569
insurance program and, if so, the dates her eligibility began and 14,570
ended;
(ii) Whether the mother, during her pregnancy, was covered 14,572
by private health insurance and, if so, the dates the coverage 14,573
began and ended, the name of the insurance provider, the type of 14,574
coverage, and the identification number of the coverage; 14,575
(iii) The name and location of the hospital, freestanding 14,577
birth center, or other place where the mother gave birth and, if 14,578
different, received medical care immediately after giving birth; 14,579
(iv) The expenses of the obstetrical and neonatal care; 14,581
(v) Whether the mother has been informed that the adoptive 14,583
parent or the agency or attorney arranging the adoption are to 14,584
pay expenses involved in the adoption, including expenses the 14,585
mother has paid and expects to receive or has received 14,586
reimbursement for, and, if so, what expenses are to be or have
been paid and an estimate of the expenses; 14,587
(vi) Any other information related to expenses the 14,589
department determines appropriate to be included in the 14,590
component.
(c) A component the parent may sign to authorize the 14,592
agency or attorney arranging the adoption to provide to the child 14,594
or adoptive parent materials, other than photographs of the
parent, that the parent requests be given to the child or 14,595
adoptive parent pursuant to section 3107.68 of the Revised Code. 14,596
(d) A component the parent may sign to authorize the 14,598
agency or attorney arranging the adoption to provide to the child 14,600
or adoptive parent photographs of the parent pursuant to section
3107.68 of the Revised Code. 14,601
326
(e) A component the parent may sign to authorize the 14,603
agency or attorney arranging the adoption to provide to the child 14,605
or adoptive parent the first name of the parent pursuant to
section 3107.68 of the Revised Code. 14,606
(2) State at the bottom of the form that the parent is to 14,608
receive a copy of the form the parent signed. 14,609
(3) Provide copies of the form prescribed under this 14,611
division to probate and juvenile courts, public children services 14,612
agencies, private child placing agencies, private noncustodial 14,613
agencies, and attorneys.
(C) Prepare the written materials about adoption that are 14,616
required to be given to parents under division (A) of section 14,617
3107.082 and division (A) of section 5103.152 of the Revised 14,618
Code. The materials shall provide information about the adoption 14,619
process, including ramifications of a parent consenting to a 14,620
child's adoption or entering into a voluntary permanent custody 14,621
surrender agreement. The materials also shall include referral
information for professional counseling and adoption support 14,622
organizations. The department DIRECTOR shall provide the 14,623
materials to assessors. 14,624
(D) Adopt rules in accordance with Chapter 119. of the 14,627
Revised Code specifying the documents that must be filed with a 14,628
probate court under divisions (B) and (D) of section 3107.081 of 14,629
the Revised Code and a juvenile court under divisions (C) and (E) 14,631
of section 5103.151 of the Revised Code.
Sec. 3107.09. (A) The department of human JOB AND FAMILY 14,641
services shall prescribe and supply forms for the taking of
social and medical histories of the biological parents of a minor 14,642
available for adoption.
(B) An assessor shall record the social and medical 14,644
histories of the biological parents of a minor available for 14,645
adoption, unless the minor is to be adopted by the minor's 14,646
stepparent or grandparent. The assessor shall use the forms 14,647
prescribed pursuant to division (A) of this section. The 14,648
327
assessor shall not include on the forms identifying information 14,649
about the biological parents or other ancestors of the minor. 14,650
(C) A social history shall describe and identify the age; 14,653
ethnic, racial, religious, marital, and physical characteristics; 14,654
and educational, cultural, talent and hobby, and work experience 14,655
background of the biological parents of the minor. A medical 14,656
history shall identify major diseases, malformations, allergies, 14,657
ear or eye defects, major conditions, and major health problems 14,658
of the biological parents that are or may be congenital or 14,659
familial. These histories may include other social and medical 14,660
information relative to the biological parents and shall include 14,661
social and medical information relative to the minor's other 14,662
ancestors.
The social and medical histories may be obtained through 14,664
interviews with the biological parents or other persons and from 14,665
any available records if a biological parent or any legal 14,666
guardian of a biological parent consents to the release of 14,667
information contained in a record. An assessor who considers it 14,668
necessary may request that a biological parent undergo a medical 14,669
examination. In obtaining social and medical histories of a 14,670
biological parent, an assessor shall inform the biological 14,671
parent, or a person other than a biological parent who provides 14,672
information pursuant to this section, of the purpose and use of 14,673
the histories and of the biological parent's or other person's 14,674
right to correct or expand the histories at any time. 14,675
(D) A biological parent, or another person who provided 14,677
information in the preparation of the social and medical 14,679
histories of the biological parents of a minor, may cause the 14,680
histories to be corrected or expanded to include different or 14,681
additional types of information. The biological parent or other 14,682
person may cause the histories to be corrected or expanded at any 14,683
time prior or subsequent to the adoption of the minor, including 14,684
any time after the minor becomes an adult. A biological parent 14,686
may cause the histories to be corrected or expanded even if the 14,687
328
biological parent did not provide any information to the assessor 14,688
at the time the histories were prepared.
To cause the histories to be corrected or expanded, a 14,690
biological parent or other person who provided information shall 14,691
provide the information to be included or specify the information 14,692
to be corrected to whichever of the following is appropriate 14,693
under the circumstances:
(1) Subject to division (D)(2) of this section, if the 14,696
biological parent or other person knows the assessor who prepared
the histories, to the assessor; 14,697
(2) If the biological parent or person does not know the 14,700
assessor or finds that the assessor has ceased to perform
assessments, to the court involved in the adoption or, if that 14,702
court is not known, to the department of health. 14,703
An assessor who receives information from a biological 14,706
parent or other person pursuant to division (D)(1) of this 14,707
section shall determine whether the information is of a type that 14,708
divisions (B) and (C) of this section permit to be included in 14,709
the histories. If the assessor determines the information is of 14,710
a permissible type, the assessor shall cause the histories to be 14,712
corrected or expanded to reflect the information. If, at the 14,713
time the information is received, the histories have been filed 14,714
with the court as required by division (E) of this section, the 14,715
court shall cooperate with the assessor in correcting or 14,716
expanding the histories.
If the department of health or a court receives information 14,719
from a biological parent or other person pursuant to division 14,720
(D)(2) of this section, it shall determine whether the 14,721
information is of a type that divisions (B) and (C) of this 14,722
section permit to be included in the histories. If a court 14,723
determines the information is of a permissible type, the court 14,724
shall cause the histories to be corrected or expanded to reflect 14,725
the information. If the department of health so determines, the 14,726
court involved shall cooperate with the department in the 14,728
329
correcting or expanding of the histories.
An assessor or the department of health shall notify a 14,730
biological parent or other person in writing if the assessor or 14,731
department determines that information the biological parent or 14,732
other person provided or specified for inclusion in a history is 14,733
not of a type that may be included in a history. On receipt of 14,734
the notice, the biological parent or other person may petition
the court involved in the adoption to make a finding as to 14,735
whether the information is of a type that may be included in a 14,736
history. On receipt of the petition, the court shall issue its 14,737
finding without holding a hearing. If the court finds that the 14,738
information is of a type that may be included in a history, it
shall cause the history to be corrected or expanded to reflect 14,739
the information. 14,740
(E) An assessor shall file the social and medical 14,742
histories of the biological parents prepared pursuant to 14,743
divisions (B) and (C) of this section with the court with which a 14,744
petition to adopt the biological parents' child is filed. The 14,745
court promptly shall provide a copy of the social and medical 14,746
histories filed with it to the petitioner. In a case involving 14,747
the adoption of a minor by any person other than the minor's 14,748
stepparent or grandparent, a court may refuse to issue an 14,749
interlocutory order or final decree of adoption if the histories 14,750
of the biological parents have not been so filed, unless the 14,751
assessor certifies to the court that information needed to 14,752
prepare the histories is unavailable for reasons beyond the
assessor's control. 14,753
Sec. 3107.091. (A) As used in this section, "biological 14,764
parent" means a biological parent whose offspring, as a minor,
was adopted and with respect to whom a medical and social history 14,765
was not prepared prior or subsequent to the adoption. 14,766
(B) A biological parent may request the department of 14,768
human JOB AND FAMILY services to provide the biological parent
with a copy of the social and medical history forms prescribed by 14,769
330
the department pursuant to section 3107.09 of the Revised Code. 14,770
The department, upon receipt of such a request, shall provide the 14,771
forms to the biological parent, if the biological parent 14,772
indicates that the forms are being requested so that the adoption 14,773
records of the biological parent's offspring will include a 14,774
social and medical history of the biological parent.
In completing the forms, the biological parent may include 14,776
information described in division (C) of section 3107.09 of the 14,778
Revised Code, but shall not include identifying information. 14,779
When the biological parent has completed the forms to the extent 14,781
the biological parent wishes to provide information, the 14,782
biological parent shall return them to the department. The 14,783
department shall review the completed forms, and shall determine
whether the information included by the biological parent is of a 14,784
type permissible under divisions (B) and (C) of section 3107.09 14,785
of the Revised Code and, to the best of its ability, whether the 14,787
information is accurate. If it determines that the forms contain 14,788
accurate, permissible information, the department, after 14,789
excluding from the forms any information the department deems 14,790
impermissible, shall file them with the court that entered the 14,791
interlocutory order or final decree of adoption in the adoption 14,792
case. If the department needs assistance in determining that
court, the department of health, upon request, shall assist it. 14,793
The department of human JOB AND FAMILY services shall 14,795
notify the biological parent in writing if it excludes from the 14,796
biological parent's social and medical history forms information 14,797
deemed impermissible. On receipt of the notice, the biological 14,798
parent may petition the court with which the forms were filed to
make a finding as to whether the information is permissible. On 14,799
receipt of the petition, the court shall issue its finding 14,800
without holding a hearing. If the court finds the information is 14,801
permissible, it shall cause the information to be included on the 14,802
forms.
Upon receiving social and medical history forms pursuant to 14,804
331
this section, a court shall cause them to be filed in the records 14,806
pertaining to the adoption case.
Social and medical history forms completed by a biological 14,808
parent pursuant to this section may be corrected or expanded by 14,809
the biological parent in accordance with division (D) of section 14,811
3107.09 of the Revised Code.
Access to the histories shall be granted in accordance with 14,813
division (D) of section 3107.17 of the Revised Code. 14,814
Sec. 3107.10. (A) Notwithstanding section 3107.01 of the 14,824
Revised Code, as used in this section, "agency" does not include 14,826
a public children services agency.
(B) An agency or attorney, whichever arranges a minor's 14,828
adoption, shall file with the court a preliminary estimate 14,830
accounting not later than the time the adoption petition for the 14,831
minor is filed with the court. The agency or attorney, whichever 14,832
arranges the adoption, also shall file a final accounting with 14,833
the court before a final decree of adoption is issued or an 14,834
interlocutory order of adoption is finalized for the minor. The 14,835
agency or attorney shall complete and file accountings in a 14,836
manner acceptable to the court.
An accounting shall specify all disbursements of anything 14,838
of value the petitioner, a person on the petitioner's behalf, and 14,839
the agency or attorney made and has agreed to make in connection 14,840
with the minor's permanent surrender under division (B) of 14,841
section 5103.15 of the Revised Code, placement under section 14,843
5103.16 of the Revised Code, and adoption under this chapter. 14,844
The agency or attorney shall include in an accounting an 14,845
itemization of each expense listed in division (C) of this 14,846
section. The itemization of the expenses specified in divisions 14,847
(C)(3) and (4) of this section shall show the amount the agency 14,848
or attorney charged or is going to charge for the services and 14,849
the actual cost to the agency or attorney of providing the 14,850
services. An accounting shall indicate whether any expenses 14,851
listed in division (C) of this section do not apply to the 14,852
332
adoption proceeding for which the accounting is filed. 14,853
The agency or attorney shall include with a preliminary 14,855
estimate accounting and a final accounting a written statement 14,856
signed by the petitioner that the petitioner has reviewed the 14,858
accounting and attests to its accuracy.
(C) No petitioner, person acting on a petitioner's behalf, 14,861
or agency or attorney shall make or agree to make any 14,862
disbursements in connection with the minor's permanent surrender, 14,863
placement, or adoption other than for the following: 14,864
(1) Physician expenses incurred on behalf of the birth 14,866
mother or minor in connection with prenatal care, delivery, and 14,867
confinement prior to or following the minor's birth; 14,868
(2) Hospital or other medical facility expenses incurred 14,870
on behalf of the birth mother or minor in connection with the 14,871
minor's birth;
(3) Expenses charged by the attorney arranging the 14,873
adoption for providing legal services in connection with the 14,874
placement and adoption, including expenses incurred by the 14,875
attorney pursuant to sections 3107.031, 3107.081, 3107.082, 14,876
3107.09, and 3107.12 of the Revised Code;
(4) Expenses charged by the agency arranging the adoption 14,878
for providing services in connection with the permanent surrender 14,879
and adoption, including the agency's application fee and the 14,880
expenses incurred by the agency pursuant to sections 3107.031, 14,881
3107.09, 3107.12, 5103.151, and 5103.152 of the Revised Code; 14,882
(5) Temporary costs of routine maintenance and medical 14,884
care for a minor required under section 5103.16 of the Revised 14,885
Code if the person seeking to adopt the minor refuses to accept 14,886
placement of the minor; 14,887
(6) Guardian ad litem fees incurred on behalf of the minor 14,890
in any court proceedings;
(7) Foster care expenses incurred in connection with any 14,893
temporary care and maintenance of the minor;
(8) Court expenses incurred in connection with the minor's 14,896
333
permanent surrender, placement, and adoption.
(D) If a court determines from an accounting that an 14,898
amount that is going to be disbursed for an expense listed in 14,899
division (C) of this section is unreasonable, the court may order 14,900
a reduction in the amount to be disbursed. If a court determines 14,901
from an accounting that an unreasonable amount was disbursed for 14,902
an expense listed in division (C) of this section, the court may 14,903
order the person who received the disbursement to refund to the 14,904
person who made the disbursement an amount the court orders. 14,905
If a court determines from an accounting that a 14,907
disbursement for an expense not permitted by division (C) of this 14,908
section is going to be made, the court may issue an injunction 14,909
prohibiting the disbursement. If a court determines from an 14,910
accounting that a disbursement for an expense not permitted by 14,911
division (C) of this section was made, the court may order the 14,912
person who received the disbursement to return it to the person 14,913
who made the disbursement.
If a court determines that a final accounting does not 14,916
completely report all the disbursements that are going to be made 14,917
or have been made in connection with the minor's permanent 14,918
surrender, placement, and adoption, the court shall order the 14,919
agency or attorney to file with the court an accounting that 14,920
completely reports all such disbursements.
The agency or attorney shall file the final accounting with 14,922
the court not later than ten days prior to the date scheduled for 14,923
the final hearing on the adoption. The court may not issue a 14,924
final decree of adoption or finalize an interlocutory order of 14,926
adoption of a minor until at least ten days after the agency or 14,927
attorney files the final accounting.
(E) At the conclusion of each adoption proceeding, the 14,929
court shall prepare a summary of the proceeding, and on or before 14,930
the tenth day of each month, send copies of the summaries for all 14,931
proceedings concluded during the preceding calendar month to the 14,932
department of human JOB AND FAMILY services. The summary shall 14,933
334
contain:
(1) A notation of the nature and approximate value or 14,935
amount of anything paid in connection with the proceeding, 14,936
compiled from the final accounting required by division (B) of 14,938
this section and indicating the category of division (C) of this 14,939
section to which any payment relates;
(2) If the court has not issued a decree because of the 14,941
requirements of division (D) of this section, a notation of that 14,943
fact and a statement of the reason for refusing to issue the 14,944
decree, related to the financial data summarized under division 14,945
(E)(1) of this section; 14,946
(3) If the adoption was arranged by an attorney, a 14,949
notation of that fact.
The summary shall contain no information identifying by 14,951
name any party to the proceeding or any other person, but may 14,952
contain additional narrative material that the court considers 14,953
useful to an analysis of the summary. 14,954
(F) This section does not apply to an adoption by a 14,956
stepparent whose spouse is a biological or adoptive parent of the 14,957
minor. 14,958
Sec. 3107.12. (A) Except as provided in division (B) of 14,968
this section, an assessor shall conduct a prefinalization
assessment of a minor and petitioner before a court issues a 14,971
final decree of adoption or finalizes an interlocutory order of
adoption for the minor. On completion of the assessment, the 14,972
assessor shall prepare a written report of the assessment and 14,973
provide a copy of the report to the court before which the 14,974
adoption petition is pending.
The report of a prefinalization assessment shall include 14,976
all of the following: 14,977
(1) The adjustment of the minor and the petitioner to the 14,980
adoptive placement;
(2) The present and anticipated needs of the minor and the 14,982
petitioner, as determined by a review of the minor's medical and 14,983
335
social history, for adoption-related services, including 14,984
assistance under Title IV-E of the "Social Security Act," 94 14,985
Stat. 501 (1980), 42 U.S.C.A. 670, as amended, or section 14,986
5153.163 of the Revised Code and counseling, case management 14,987
services, crisis services, diagnostic services, and therapeutic 14,988
counseling.
(3) The physical, mental, and developmental condition of 14,991
the minor;
(4) If known, the minor's biological family background, 14,994
including identifying information about the biological or other 14,995
legal parents;
(5) The reasons for the minor's placement with the 14,998
petitioner, the petitioner's attitude toward the proposed
adoption, and the circumstances under which the minor was placed 14,999
in the home of the petitioner; 15,000
(6) The attitude of the minor toward the proposed 15,003
adoption, if the minor's age makes this feasible;
(7) If the minor is an Indian child, as defined in 25 15,005
U.S.C.A. 1903(4), how the placement complies with the "Indian 15,006
Child Welfare Act of 1978," 92 Stat. 3069, 25 U.S.C.A. 1901, as 15,007
amended.
The assessor shall file the prefinalization report with the 15,009
court not later than twenty days prior to the date scheduled for 15,010
the final hearing on the adoption unless the court determines 15,011
there is good cause for filing the report at a later date. 15,012
(B) This section does not apply if the petitioner is the 15,015
minor's stepparent, unless a court, after determining a
prefinalization assessment is in the best interest of the minor, 15,016
orders that an assessor conduct a prefinalization assessment. 15,017
(C) The department DIRECTOR of human JOB AND FAMILY 15,020
services shall adopt rules in accordance with Chapter 119. of the 15,022
Revised Code defining "counseling," "case management services," 15,023
"crisis services," "diagnostic services," and "therapeutic
counseling" for the purpose of this section. 15,024
336
Sec. 3107.13. (A) A final decree of adoption shall not be 15,033
issued and an interlocutory order of adoption does not become 15,034
final, until the person to be adopted has lived in the adoptive 15,035
home for at least six months after placement by an agency, or for 15,036
at least six months after the department of human JOB AND FAMILY
services or the court has been informed of the placement of the
person with the petitioner, and the department or court has had 15,037
an opportunity to observe or investigate the adoptive home, or in 15,038
the case of adoption by a stepparent, until at least six months 15,039
after the filing of the petition, or until the child has lived in 15,040
the home for at least six months.
(B) In the case of a foster parent adopting a foster child 15,042
or person adopting a child to whom the person is related, the 15,043
court shall apply the amount of time the child lived in the 15,044
foster parent's or relative's home prior to the date the foster 15,045
parent or relative files the petition to adopt the child toward 15,046
the six-month waiting period established by division (A) of this
section. 15,047
Sec. 3107.141. After an assessor files a home study report 15,057
under section 3107.031, a social and medical history under 15,058
section 3107.09, or a prefinalization assessment report under 15,059
section 3107.12 of the Revised Code, or the department of human
JOB AND FAMILY services files a social and medical history under
section 3107.091 of the Revised Code, a court may do either or 15,061
both of the following if the court determines the report or 15,062
history does not comply with the requirements governing the 15,063
report or history or, in the case of a home study or 15,064
prefinalization assessment report, does not enable the court to 15,065
determine whether an adoption is in the best interest of the 15,066
minor to be adopted: 15,067
(A) Order the assessor or department to redo or supplement 15,070
the report or history in a manner the court directs; 15,071
(B) Appoint a different assessor to redo or supplement the 15,074
report or history in a manner the court directs.
337
Sec. 3107.17. (A) All hearings held under sections 15,083
3107.01 to 3107.19 of the Revised Code shall be held in closed 15,084
court without the admittance of any person other than essential 15,085
officers of the court, the parties, the witnesses of the parties, 15,086
counsel, persons who have not previously consented to an adoption 15,087
but who are required to consent, and representatives of the 15,088
agencies present to perform their official duties. 15,089
(B)(1) Except as provided in divisions (B)(2) and (D) of 15,092
this section and sections 3107.39 to 3107.44 and 3107.60 to
3107.68 of the Revised Code, no person or governmental entity 15,093
shall knowingly reveal any information contained in a paper, 15,095
book, or record pertaining to a placement under section 5103.16
of the Revised Code or to an adoption that is part of the 15,096
permanent record of a court or maintained by the department of 15,097
human JOB AND FAMILY services, an agency, or attorney without the 15,098
consent of a court.
(2) An agency or attorney may examine the agency's or 15,100
attorney's own papers, books, and records pertaining to a 15,101
placement or adoption without a court's consent for official 15,102
administrative purposes. The department of human JOB AND FAMILY 15,103
services may examine its own papers, books, and records 15,104
pertaining to a placement or adoption, or such papers, books, and 15,105
records of an agency, without a court's consent for official 15,106
administrative, certification, and eligibility determination
purposes. 15,107
(C) The petition, the interlocutory order, the final 15,109
decree of adoption, and other adoption proceedings shall be 15,110
recorded in a book kept for such purposes and shall be separately 15,111
indexed. The book shall be a part of the records of the court, 15,112
and all consents, affidavits, and other papers shall be properly 15,114
filed.
(D) All forms that pertain to the social or medical 15,116
histories of the biological parents of an adopted person and that 15,117
were completed pursuant to section 3107.09 or 3107.091 of the 15,119
338
Revised Code shall be filed only in the permanent record kept by 15,120
the court. During the minority of the adopted person, only the 15,121
adoptive parents of the person may inspect the forms. When an 15,122
adopted person reaches majority, only the adopted person may 15,123
inspect the forms. Under the circumstances described in this 15,125
division, an adopted person or the adoptive parents are entitled 15,126
to inspect the forms upon requesting the clerk of the court to 15,127
produce them.
(E)(1) The department of human JOB AND FAMILY services 15,129
shall prescribe a form that permits any person who is authorized 15,130
by division (D) of this section to inspect forms that pertain to 15,131
the social or medical histories of the biological parents and 15,132
that were completed pursuant to section 3107.09 or 3107.091 of 15,134
the Revised Code to request notice if any correction or expansion 15,135
of either such history, made pursuant to division (D) of section 15,136
3107.09 of the Revised Code, is made a part of the permanent 15,137
record kept by the court. The form shall be designed to 15,138
facilitate the provision of the information and statements 15,139
described in division (E)(3) of this section. The department
shall provide copies of the form to each court. A court shall 15,141
provide a copy of the request form to each adoptive parent when a
final decree of adoption is entered and shall explain to each 15,142
adoptive parent at that time that an adoptive parent who 15,143
completes and files the form will be notified of any correction 15,145
or expansion of either the social or medical history of the 15,146
biological parents of the adopted person made during the minority 15,147
of the adopted person that is made a part of the permanent record 15,148
kept by the court, and that, during the adopted person's 15,149
minority, the adopted person may inspect the forms that pertain 15,150
to those histories. Upon request, the court also shall provide a 15,151
copy of the request form to any adoptive parent during the 15,152
minority of the adopted person and to an adopted person who has 15,153
reached the age of majority. 15,154
(2) Any person who is authorized to inspect forms pursuant 15,156
339
to division (D) of this section who wishes to be notified of 15,157
corrections or expansions pursuant to division (D) of section 15,158
3107.09 of the Revised Code that are made a part of the permanent 15,160
record kept by the court shall file with the court, on a copy of 15,161
the form prescribed by the department of human JOB AND FAMILY 15,162
services pursuant to division (E)(1) of this section, a request 15,163
for such notification that contains the information and 15,164
statements required by division (E)(3) of this section. A 15,165
request may be filed at any time if the person who files the 15,166
request is authorized at that time to inspect forms that pertain 15,167
to the social or medical histories. 15,168
(3) A request for notification as described in division 15,170
(E)(2) of this section shall contain all of the following 15,171
information: 15,172
(a) The adopted person's name and mailing address at that 15,174
time; 15,175
(b) The name of each adoptive parent, and if the adoptive 15,177
person is a minor at the time of the filing of the request, the 15,178
mailing address of each adoptive parent at that time; 15,179
(c) The adopted person's date of birth; 15,181
(d) The date of entry of the final decree of adoption; 15,183
(e) A statement requesting the court to notify the person 15,185
who files the request, at the address provided in the request, if 15,186
any correction or expansion of either the social or medical 15,187
history of the biological parents is made a part of the permanent 15,188
record kept by the court; 15,189
(f) A statement that the person who files the request is 15,191
authorized, at the time of the filing, to inspect the forms that 15,192
pertain to the social and medical histories of the biological 15,193
parents; 15,194
(g) The signature of the person who files the request. 15,196
(4) Upon the filing of a request for notification in 15,198
accordance with division (E)(2) of this section, the clerk of the 15,199
court in which it is filed immediately shall insert the request 15,200
340
in the permanent record of the case. A person who has filed the 15,201
request and who wishes to update it with respect to a new mailing 15,202
address may inform the court in writing of the new address. Upon 15,203
its receipt, the court promptly shall insert the new address into 15,204
the permanent record by attaching it to the request. Thereafter, 15,205
any notification described in this division shall be sent to the 15,206
new address. 15,207
(5) Whenever a social or medical history of a biological 15,209
parent is corrected or expanded and the correction or expansion 15,210
is made a part of the permanent record kept by the court, the 15,211
court shall ascertain whether a request for notification has been 15,212
filed in accordance with division (E)(2) of this section. If 15,213
such a request has been filed, the court shall determine whether, 15,214
at that time, the person who filed the request is authorized, 15,215
under division (D) of this section, to inspect the forms that 15,216
pertain to the social or medical history of the biological 15,217
parents. If the court determines that the person who filed the 15,218
request is so authorized, it immediately shall notify the person 15,219
that the social or medical history has been corrected or 15,220
expanded, that it has been made a part of the permanent record 15,221
kept by the court, and that the forms that pertain to the records 15,222
may be inspected in accordance with division (D) of this section. 15,223
Sec. 3107.39. As used in sections 3107.39 to 3107.44 of 15,232
the Revised Code: 15,233
(A) "Adopted person" means a person who, as a minor, was 15,235
adopted and who, prior to the effective date of this amendment 15,237
SEPTEMBER 18, 1996, became available or potentially available for 15,239
adoption. For the purpose of this division, a person was
available or potentially available for adoption prior to the 15,241
effective date of this amendment SEPTEMBER 18, 1996, if, prior to 15,242
that date, either of the following occurred: 15,243
(1) At least one of the person's biological parents 15,245
executed consent to person's adoption; 15,246
(2) A probate court entered a finding that the consent of 15,249
341
at least one of the person's biological parents to the person's 15,250
adoption was not needed as determined pursuant to section 3107.07 15,251
of the Revised Code.
(B) "Adopted sibling" means an adopted person who has a 15,253
biological sibling. 15,254
(C) "Agency" means any public or private organization that 15,256
is certified by the department of human JOB AND FAMILY services 15,257
to place minors for adoption. 15,258
(D) "Biological parent" means a parent, by birth, of an 15,260
adopted person. 15,261
(E) "Biological sibling" means a sibling, by birth, of an 15,263
adopted person. 15,264
(F) "Effective release" means a release that is filed by a 15,266
biological parent or biological sibling of an adopted person, and 15,267
with respect to which a withdrawal of release has not been filed 15,268
by that biological parent or biological sibling. 15,269
(G) "File of releases" means the file that is established 15,271
by the department of health pursuant to division (C) of section 15,272
3107.40 of the Revised Code. 15,273
(H) "Final decree of adoption" includes an interlocutory 15,275
order of adoption that has become final. 15,276
(I) "Identifying information" has the same meaning as in 15,278
section 3107.01 of the Revised Code. 15,279
(J) "Offspring" means a child, by birth, of a person. 15,281
(K) "Petition for release of information" means the 15,283
petition filed in a probate court in accordance with section 15,284
3107.41 of the Revised Code. 15,285
(L) "Release" means the form that is filed, pursuant to 15,287
division (B) of section 3107.40 of the Revised Code, by a 15,288
biological parent or biological sibling with the department of 15,289
health and that contains the information, statement, and matter 15,290
required by division (B)(3) of that section. 15,291
(M) "Withdrawal of release" means the form that is filed, 15,293
pursuant to division (D) of section 3107.40 of the Revised Code, 15,294
342
by a biological parent or biological sibling with the department 15,295
of health and that contains the information, statement, and 15,296
matter required by division (D)(3) of that section. 15,297
Sec. 3109.05. (A)(1) In a divorce, dissolution of 15,307
marriage, legal separation, or child support proceeding, the 15,308
court may order either or both parents to support or help support 15,309
their children, without regard to marital misconduct. In 15,310
determining the amount reasonable or necessary for child support, 15,311
including the medical needs of the child, the court shall comply 15,312
with sections 3113.21 to 3113.219 of the Revised Code. 15,313
(2) The court, in accordance with sections 3113.21 and 15,315
3113.217 of the Revised Code, shall include in each support order 15,316
made under this section the requirement that one or both of the 15,317
parents provide for the health care needs of the child to the 15,318
satisfaction of the court, and the court shall include in the 15,319
support order a requirement that all support payments be made 15,320
through the division of child support in the department of human 15,322
JOB AND FAMILY services.
(3) Each order for child support made or modified under 15,324
this section shall include as part of the order a general 15,326
provision, as described in division (A)(1) of section 3113.21 of 15,327
the Revised Code, requiring the withholding or deduction of 15,328
income or assets of the obligor under the order as described in 15,330
division (D) or (H) of section 3113.21 of the Revised Code, or 15,331
another type of appropriate requirement as described in division 15,332
(D)(3), (D)(4), or (H) of that section, to ensure that 15,334
withholding or deduction from the income or assets of the obligor 15,336
is available from the commencement of the support order for 15,337
collection of the support and of any arrearages that occur; a 15,338
statement requiring both parents to notify the child support 15,339
enforcement agency in writing of their current mailing address; 15,340
current residence address, current residence telephone number, 15,341
current driver's license number, and any changes to that 15,342
information, and a notice that the requirement to notify the 15,343
343
agency of all changes to that information continues until further 15,345
notice from the court. The court shall comply with sections 15,346
3113.21 to 3113.219 of the Revised Code when it makes or modifies 15,347
an order for child support under this section. 15,348
(B) The juvenile court has exclusive jurisdiction to enter 15,350
the orders in any case certified to it from another court. 15,351
(C) If any person required to pay child support under an 15,353
order made under division (A) of this section on or after April 15,354
15, 1985, or modified on or after December 1, 1986, is found in 15,355
contempt of court for failure to make support payments under the 15,356
order, the court that makes the finding, in addition to any other 15,357
penalty or remedy imposed, shall assess all court costs arising 15,358
out of the contempt proceeding against the person and require the 15,359
person to pay any reasonable attorney's fees of any adverse 15,360
party, as determined by the court, that arose in relation to the 15,361
act of contempt and, on or after July 1, 1992, shall assess 15,362
interest on any unpaid amount of child support pursuant to 15,363
section 3113.219 of the Revised Code. 15,364
(D) The court shall not authorize or permit the escrowing, 15,366
impoundment, or withholding of any child support payment ordered 15,367
under this section or any other section of the Revised Code 15,368
because of a denial of or interference with a right of 15,369
companionship or visitation granted in an order issued under this 15,370
section, section 3109.051, 3109.11, 3109.12, or any other section 15,371
of the Revised Code, or as a method of enforcing the specific 15,372
provisions of any such order dealing with visitation. 15,373
(E) Notwithstanding section 3109.01 of the Revised Code, 15,375
if a court issues a child support order under this section, the 15,376
order shall remain in effect beyond the child's eighteenth 15,377
birthday as long as the child continuously attends on a full-time 15,378
basis any recognized and accredited high school or the order 15,380
provides that the duty of support of the child continues beyond 15,381
the child's eighteenth birthday. Except in cases in which the 15,383
order provides that the duty of support continues for any period 15,384
344
after the child reaches age nineteen, the order shall not remain 15,385
in effect after the child reaches age nineteen. Any parent 15,387
ordered to pay support under a child support order issued under
this section shall continue to pay support under the order, 15,388
including during seasonal vacation periods, until the order 15,389
terminates. 15,390
Sec. 3109.15. There is hereby created within the 15,400
department of human JOB AND FAMILY services the children's trust 15,401
fund board consisting of thirteen members. The director of 15,403
health and the director of human JOB AND FAMILY services shall be 15,404
members of the board. Seven public members shall be appointed by 15,406
the governor. These members shall be persons with demonstrated 15,407
knowledge in programs for children, shall be representative of 15,408
the demographic composition of this state, and, to the extent 15,409
practicable, shall be representative of the following categories: 15,410
the educational community; the legal community; the social work 15,411
community; the medical community; the voluntary sector; and 15,412
professional providers of child abuse and child neglect services. 15,413
Five of these members shall be residents of counties where the 15,414
population exceeds four hundred thousand; no more than one such 15,415
member shall be a resident of the same county. Two members of 15,416
the board shall be members of the house of representatives 15,417
appointed by the speaker of the house of representatives and 15,418
shall be members of two different political parties. Two members 15,419
of the board shall be members of the senate appointed by the 15,420
president of the senate and shall be members of two different 15,421
political parties. All members of the board appointed by the 15,422
speaker of the house of representatives or the president of the 15,423
senate shall serve until the expiration of the sessions of the 15,424
general assembly during which they were appointed. They may be 15,425
reappointed to an unlimited number of successive terms of two 15,426
years at the pleasure of the speaker of the house of 15,427
representatives or president of the senate. Of the public 15,428
members first appointed, three shall serve for terms of four 15,429
345
years; two shall serve for terms of three years; and two shall 15,430
serve for terms of two years. Thereafter, public members shall 15,431
serve terms of three years. Each member shall serve until his 15,432
THE MEMBER'S successor is appointed. No public member may serve 15,434
more than two consecutive terms, regardless of whether such terms 15,435
were full or partial terms. All vacancies on the board shall be 15,436
filled for the balance of the unexpired term in the same manner 15,437
as the original appointment.
Any public member of the board may be removed by the 15,439
governor for misconduct, incompetency, or neglect of duty after 15,440
first being given the opportunity to be heard in his THE MEMBER'S 15,442
own behalf.
Each member of the board shall serve without compensation 15,444
but shall be reimbursed for all actual and necessary expenses 15,445
incurred by him in the performace PERFORMANCE of his official 15,447
duties. 15,448
The speaker of the house of representatives and the 15,450
president of the senate shall jointly appoint the board chairman 15,451
CHAIRPERSON from among the legislative members of the board. 15,453
THIS SECTION IS AN INTERIM SECTION EFFECTIVE UNTIL JANUARY 15,455
1, 2001. 15,456
Sec. 3109.16. The children's trust fund board, upon the 15,466
recommendation of the director of human JOB AND FAMILY services, 15,467
shall approve the employment of the staff that will administer 15,469
the programs of the board. The department of human JOB AND 15,470
FAMILY services shall provide budgetary, procurement, accounting, 15,472
and other related management functions for the board. An amount 15,473
not to exceed three per cent of the total amount of fees 15,474
deposited in the children's trust fund in each fiscal year may be 15,475
used for costs directly related to these administrative functions 15,476
of the department. With the approval of the board, an amount 15,477
exceeding three per cent, but not exceeding four per cent, of the 15,478
total amount of fees credited to the fund in each fiscal year may 15,479
be used for costs directly related to these administrative 15,480
346
functions.
The board shall meet at the call of the chairman 15,482
CHAIRPERSON to conduct its official business. All business 15,484
transactions of the board shall be conducted in public meetings. 15,485
The votes of at least seven board members are required to approve 15,486
the state plan for the allocation of funds from the children's 15,487
trust fund.
The board may apply for and accept federal funds for the 15,489
purposes of sections 3109.13 to 3109.18 of the Revised Code. In 15,490
addition, the board may accept gifts and donations from any 15,491
source, including individuals, philanthropic foundations or 15,494
organizations, corporations, or corporation endowments. The
acceptance and use of federal funds shall not entail any 15,496
commitment or pledge of state funds, nor obligate the general 15,497
assembly to continue the programs or activities for which the 15,498
federal funds are made available. All funds received in the 15,499
manner described in this section shall be transmitted to the 15,500
treasurer of state, who shall credit them to the children's trust 15,501
fund created in section 3109.14 of the Revised Code. 15,502
THIS SECTION IS AN INTERIM SECTION EFFECTIVE UNTIL JANUARY 15,504
1, 2001. 15,505
Sec. 3109.18. (A) Each board of county commissioners in 15,514
the following counties shall establish a child abuse and child 15,515
neglect advisory board: Cuyahoga, Franklin, Hamilton, Lucas, 15,516
Montgomery, and Summit. The boards of county commissioners of 15,517
the remaining counties may establish a child abuse and child 15,518
neglect advisory board or the boards of county commissioners of 15,519
two or more contiguous counties may form a multicounty district 15,520
to be served by a multicounty child abuse and child neglect 15,521
advisory board. 15,522
Each child abuse and child neglect advisory board shall 15,524
consist of an odd number of members who represent both public and 15,525
private child serving agencies, and persons with demonstrated 15,526
knowledge in programs for children, such as persons from the 15,527
347
educational community, parent groups, juvenile justice, and the 15,528
medical community. Of the members first appointed, at least one 15,529
shall serve for a term of three years, at least one for a term of 15,530
two years, and at least one for a term of one year. Thereafter, 15,531
each member shall serve a term of three years. Each member shall 15,532
serve until his THE MEMBER'S successor is appointed. All 15,533
vacancies on the board shall be filled for the balance of the 15,535
unexpired term in the same manner as the original appointment. 15,536
Each board shall meet at least quarterly. 15,537
Each board of county commissioners may incur reasonable 15,539
costs not to exceed three per cent of the funding allocated to 15,540
the county or district under section 3109.17 of the Revised Code, 15,541
for the purpose of carrying out the functions of the advisory 15,542
board. 15,543
(B) Annually, each child abuse and child neglect advisory 15,545
board shall: 15,546
(1) Give effective public notice to all potential 15,548
applicants about the availability of funds from the children's 15,549
trust fund. The notification shall include an estimate of the 15,550
amount of money available for grants within each county or 15,551
district, the date of at least one public hearing, the deadline 15,552
for submitting applications for grants, and information on 15,553
obtaining a copy of the application form; 15,554
(2) Review all applications received using criteria 15,556
established by the children's trust fund board under section 15,557
3109.17 of the Revised Code and any criteria developed by the 15,558
child abuse and child neglect advisory board, and develop an 15,559
allocation plan for the county or district; 15,560
(3) Submit the allocation plan to the children's trust 15,562
fund board, with evidence of compliance with this section and 15,563
with section 3109.17 of the Revised Code; 15,564
(4) Upon notification by the children's trust fund board 15,566
that the allocation plan is in compliance with the criteria 15,567
established by the boards, monitor the operation of the 15,568
348
allocation plan; 15,569
(5) Establish procedures for evaluating programs in the 15,571
county or district, including reporting requirements for grant 15,572
recipients. 15,573
Applicants from counties that are not served by a child 15,575
abuse and child neglect advisory board shall apply for funding to 15,576
the children's trust fund board. 15,577
(C) A recipient of a grant from the children's trust fund 15,579
shall use the grant funds only to fund child abuse and child 15,580
neglect prevention programs. A recipient of a grant may use the 15,581
grant funds only for the expansion of existing programs or the 15,582
creation of new programs. 15,583
Any grant funds that are not spent by the counties or the 15,585
recipient of the funds within the time specified by the terms of 15,586
the grant shall be returned to the treasurer of state. The 15,587
treasurer of state shall deposit such unspent moneys into the 15,588
children's trust fund to be spent for purposes consistent with 15,589
the state plan adopted under section 3109.17 of the Revised Code. 15,590
(D) Applications for grants from the children's trust fund 15,592
shall be on forms prescribed by the department of human JOB AND 15,593
FAMILY services and, after any review required by division (B) of 15,595
this section, shall be submitted to the children's trust fund 15,596
board by the date required in the schedule established by rules 15,597
adopted by the board. Each application shall include at least 15,598
the following:
(1) Information showing that the applicant meets the 15,600
eligibility requirements of section 3109.17 of the Revised Code; 15,601
(2) If the applicant is a corporation, a list of the 15,603
trustees of the corporation; 15,604
(3) A specification of the amount of money requested; 15,606
(4) A summary of the program that the applicant intends to 15,608
provide with funds from the grant; 15,609
(5) Any other information required by rules adopted by the 15,611
children's trust fund board. 15,612
349
Each recipient of a grant from the children's trust fund 15,614
shall file two copies of an annual report with the county or 15,615
district advisory board. If no such board serves the recipient's 15,616
county of residence, the recipient shall file two copies of an 15,617
annual report with the children's trust fund board. The annual 15,618
report shall describe the program provided by the recipient, 15,619
indicate the manner in which the grant funds were expended, 15,620
include the results of an independent audit of the funds, and 15,621
include other information that the granting board or the 15,622
department may require. If a public agency is a recipient of a 15,623
grant, the results of the most recent audit of the funds 15,624
conducted under Chapter 117. of the Revised Code shall be 15,625
considered to be the results of the independent audit of the 15,626
funds that must be included in the annual report. The granting 15,627
boards shall annually file one copy of each annual report with 15,628
the department, which shall compile the reports received pursuant 15,629
to this section. 15,630
THIS SECTION IS AN INTERIM SECTION EFFECTIVE UNTIL JANUARY 15,632
1, 2001. 15,633
Sec. 3109.401. (A) The general assembly finds the 15,643
following:
(1) That the parent and child relationship is of 15,645
fundamental importance to the welfare of a child, and that the 15,646
relationship between a child and each parent should be fostered 15,647
unless inconsistent with the child's best interests; 15,648
(2) That parents have the responsibility to make decisions 15,651
and perform other parenting functions necessary for the care and 15,652
growth of their children;
(3) That the courts, when allocating parenting functions 15,654
and responsibilities with respect to the child in a divorce, 15,655
dissolution, legal separation, annulment, or any other proceeding 15,657
addressing the allocation of parental rights and
responsibilities, must determine the child's best interests; 15,659
(4) That the courts and parents must take into 15,661
350
consideration the following general principles when allocating 15,662
parental rights and responsibilities and developing appropriate 15,664
terms for parenting plans:
(a) Children are served by a parenting arrangement that 15,667
best provides for a child's safety, emotional growth, health, 15,668
stability, and physical care.
(b) Exposure of the child to harmful parental conflict 15,671
should be minimized as much as possible. 15,672
(c) Whenever appropriate, parents should be encouraged to 15,675
meet their responsibilities to their children through agreements 15,676
rather than by relying on judicial intervention. 15,677
(d) When a parenting plan provides for mutual 15,680
decision-making responsibility by the parents but they are unable 15,681
to make decisions mutually, they should make a good faith effort 15,682
to utilize the mediation process as required by the parenting 15,683
plan.
(e) In apportioning between the parents the daily physical 15,686
living arrangements of the child and the child's location during 15,687
legal and school holidays, vacations, and days of special 15,688
importance, a court should not impose any type of standard 15,689
schedule unless a standard schedule meets the needs of the child
better than any proposed alternative parenting plan. 15,690
(B) It is, therefore, the purpose of Chapter 3109. of the 15,693
Revised Code, when it is in the child's best interest, to foster 15,695
the relationship between the child and each parent when a court 15,696
allocates parental rights and responsibilities with respect to 15,697
the child in a divorce, dissolution, legal separation, annulment, 15,698
or any other proceeding addressing the allocation of parental 15,699
rights and responsibilities. 15,700
(C) There is hereby created the task force on family law 15,703
and children consisting of twenty-four members. The Ohio state 15,704
bar association shall appoint three members who shall be 15,705
attorneys with extensive experience in the practice of family 15,706
law. The Ohio association of domestic relations judges shall 15,708
351
appoint three members who shall be domestic relations judges. 15,709
The Ohio association of juvenile and family court judges shall 15,711
appoint three members who shall be juvenile or family court 15,712
judges. The chief justice of the supreme court shall appoint 15,713
eight members, three of whom shall be persons who practice in the 15,714
field of family law mediation, two of whom shall be persons who 15,715
practice in the field of child psychology, one of whom shall be a 15,716
person who represents parent and child advocacy organizations, 15,717
one of whom shall be a person who provides parenting education 15,718
services, and one of whom shall be a magistrate employed by a 15,719
domestic relations or juvenile court. The speaker of the house
of representatives shall appoint two members who shall be members 15,720
of the house of representatives and who shall be from different 15,721
political parties. The president of the senate shall appoint two 15,722
members who shall be members of the senate and who shall be from 15,723
different political parties. The governor shall appoint two 15,724
members who shall represent child caring agencies. One member 15,726
shall be the director of human JOB AND FAMILY services or the
director's designee. The chief justice shall designate one 15,727
member of the task force to chair the task force. 15,728
The appointing authorities and persons shall make 15,730
appointments to the task force on family law and children within 15,732
thirty days after the effective date of this section. Section 15,733
101.84 of the Revised Code does not apply to the task force. 15,734
(D) The task force on family law and children shall do all 15,737
of the following:
(1) Appoint and fix the compensation of any technical, 15,739
professional, and clerical employees and perform any services 15,740
that are necessary to carry out the powers and duties of the task 15,741
force on family law and children. All employees of the task 15,742
force shall serve at the pleasure of the task force. 15,743
(2) By December 31, 1999, submit to the speaker and 15,746
minority leader of the house of representatives and to the 15,747
president and the minority leader of the senate a report of its 15,748
352
findings and recommendations on how to create a more civilized 15,749
and constructive process for the parenting of children whose 15,750
parents do not reside together. The recommendations shall 15,751
propose a system to do all of the following: 15,752
(a) Put children first; 15,754
(b) Provide families with choices before they make a 15,757
decision to obtain or finalize a divorce, dissolution, legal
separation, or annulment; 15,758
(c) Redirect human services to intervention and 15,760
prevention, rather than supporting the casualties of the current 15,761
process; 15,762
(d) Avoid needless conflict between the participants; 15,765
(e) Encourage problem solving among the participants; 15,768
(f) Force the participants to act responsibly; 15,771
(g) Shield both the participants and their children from 15,774
lasting emotional damage.
(3) Gather information on and study the current state of 15,776
family law in this state; 15,777
(4) Collaborate and consult with entities engaged in 15,779
family and children's issues including, but not limited to, the 15,780
Ohio association of child caring agencies, the Ohio family court 15,782
feasibility study, and the Ohio courts futures commission;
(5) Utilize findings and outcomes from pilot projects 15,784
conducted by the Ohio family court feasibility study to explore 15,785
alternatives in creating a more civilized and constructive 15,786
process for the parenting of children whose parents do not reside 15,787
together with an emphasis on the areas of mediation and obtaining 15,789
visitation compliance.
(E) Courts of common pleas shall cooperate with the task 15,792
force on family law and children in the performance of the task 15,793
force's duties described in division (D) of this section. 15,794
Sec. 3111.03. (A) A man is presumed to be the natural 15,804
father of a child under any of the following circumstances: 15,805
(1) The man and the child's mother are or have been 15,807
353
married to each other, and the child is born during the marriage 15,808
or is born within three hundred days after the marriage is 15,809
terminated by death, annulment, divorce, or dissolution or after 15,810
the man and the child's mother separate pursuant to a separation 15,811
agreement. 15,812
(2) The man and the child's mother attempted, before the 15,814
child's birth, to marry each other by a marriage that was 15,815
solemnized in apparent compliance with the law of the state in 15,816
which the marriage took place, the marriage is or could be 15,817
declared invalid, and either of the following applies: 15,818
(a) The marriage can only be declared invalid by a court 15,820
and the child is born during the marriage or within three hundred 15,821
days after the termination of the marriage by death, annulment, 15,822
divorce, or dissolution; 15,823
(b) The attempted marriage is invalid without a court 15,825
order and the child is born within three hundred days after the 15,826
termination of cohabitation. 15,827
(3) The man and the child's mother, after the child's 15,829
birth, married or attempted to marry each other by a marriage 15,830
solemnized in apparent compliance with the law of the state in 15,831
which the marriage took place, and either of the following 15,832
occurs: 15,833
(a) The man has acknowledged his paternity of the child in 15,835
a writing sworn to before a notary public; 15,836
(b) The man is required to support the child by a written 15,838
voluntary promise or by a court order. 15,839
(4) An acknowledgment of paternity filed with the division 15,841
of child support in the department of human JOB AND FAMILY 15,843
services becomes final pursuant to section 2151.232, 3111.211, or 15,844
5101.314 of the Revised Code. 15,845
(5) A court or administrative body, pursuant to section 15,847
3111.09, 3111.22, or 3115.52 of the Revised Code or otherwise, 15,849
has ordered that genetic tests be conducted or the natural mother 15,850
and alleged natural father voluntarily agreed to genetic testing 15,851
354
pursuant to former section 3111.21 of the Revised Code to 15,852
determine the father and child relationship and the results of 15,854
the genetic tests indicate a probability of ninety-nine per cent 15,855
or greater that the man is the biological father of the child. 15,857
(B)(1) A presumption arises under division (A)(3) of this 15,859
section regardless of the validity or invalidity of the marriage 15,860
of the parents. A presumption that arises under this section can 15,861
only be rebutted by clear and convincing evidence that includes 15,862
the results of genetic testing, except that a presumption that 15,863
arises under division (A)(1) or (2) of this section is conclusive 15,865
as provided in division (A) of section 3111.37 of the Revised 15,866
Code and cannot be rebutted. If two or more conflicting 15,868
presumptions arise under this section, the court shall determine, 15,869
based upon logic and policy considerations, which presumption 15,870
controls. If a determination described in division (B)(3) of 15,871
this section conflicts with a presumption that arises under this 15,872
section the determination is controlling. 15,873
(2) Notwithstanding division (B)(1) of this section, a 15,875
presumption that arises under division (A)(4) of this section may 15,878
only be rebutted as provided in division (B)(2) of section 15,880
5101.314 of the Revised Code. 15,882
(3) Notwithstanding division (A)(5) of this section, a 15,884
final and enforceable determination finding the existence of a 15,886
father and child relationship pursuant to former section 3111.21 15,887
or section 3111.22 of the Revised Code that is based on the 15,888
results of genetic tests ordered pursuant to either of those 15,889
sections, is not a presumption. 15,890
(C) A presumption of paternity that arose pursuant to this 15,892
section prior to the effective date of this amendment JANUARY 1, 15,894
1998, shall remain valid on and after that date unless rebutted 15,895
pursuant to division (B) of this section. This division does not 15,896
apply to a determination described in division (B)(3) of this 15,897
section.
Sec. 3111.06. (A) The juvenile court has original 15,906
355
jurisdiction of any action authorized under sections 3111.01 to 15,907
3111.19 of the Revised Code. An action may be brought under 15,908
those sections in the juvenile court of the county in which the 15,909
child, the child's mother, or the alleged father resides or is 15,910
found or, if the alleged father is deceased, of the county in 15,911
which proceedings for the probate of the alleged father's estate 15,913
have been or can be commenced, or of the county in which the
child is being provided support by the COUNTY department of human 15,914
JOB AND FAMILY services of that county. An action pursuant to 15,917
sections 3111.01 to 3111.19 of the Revised Code to object to an 15,919
administrative order issued pursuant to former section 3111.21 or
section 3111.22 of the Revised Code determining the existence or 15,920
nonexistence of a parent and child relationship that has not 15,922
become final and enforceable, may be brought only in the juvenile 15,923
court of the county in which the child support enforcement agency 15,924
that issued the order is located. If an action for divorce, 15,925
dissolution, or legal separation has been filed in a court of 15,926
common pleas, that court of common pleas has original 15,927
jurisdiction to determine if the parent and child relationship 15,928
exists between one or both of the parties and any child alleged 15,929
or presumed to be the child of one or both of the parties. 15,930
(B) A person who has sexual intercourse in this state 15,932
submits to the jurisdiction of the courts of this state as to an 15,933
action brought under sections 3111.01 to 3111.19 of the Revised 15,934
Code with respect to a child who may have been conceived by that 15,935
act of intercourse. In addition to any other method provided by 15,936
the Rules of Civil Procedure, personal jurisdiction may be 15,937
acquired by personal service of summons outside this state or by 15,938
certified mail with proof of actual receipt. 15,939
Sec. 3111.07. (A) The natural mother, each man presumed 15,948
to be the father under section 3111.03 of the Revised Code, each 15,949
man alleged to be the natural father, and, if the party who 15,950
initiates the action is a recipient of public assistance as 15,951
defined in section 3111.04 of the Revised Code or if the 15,953
356
responsibility for the collection of support for the child who is 15,954
the subject of the action has been assumed by the child support 15,955
enforcement agency under Title IV-D of the "Social Security Act," 15,956
88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, the child 15,957
support enforcement agency of the county in which the child 15,958
resides shall be made parties to the action brought pursuant to 15,959
sections 3111.01 to 3111.19 of the Revised Code or, if not 15,960
subject to the jurisdiction of the court, shall be given notice 15,961
of the action pursuant to the Rules of Civil Procedure and shall 15,962
be given an opportunity to be heard. The court may align the 15,963
parties. The child shall be made a party to the action unless a 15,964
party shows good cause for not doing so. Separate counsel shall 15,965
be appointed for the child if the court finds that the child's 15,966
interests conflict with those of the mother. 15,967
If the person bringing the action knows that a particular 15,969
man is not or, based upon the facts and circumstances present, 15,970
could not be the natural father of the child, the person bringing 15,971
the action shall not allege in the action that the man is the 15,972
natural father of the child and shall not make the man a party to 15,973
the action. 15,974
(B) If an action is brought pursuant to sections 3111.01 15,976
to 3111.19 of the Revised Code and the child to whom the action 15,977
pertains is or was being provided support by the department of 15,978
human JOB AND FAMILY services, a county department of human JOB 15,980
AND FAMILY services, or another public agency, the department, 15,981
county department, or agency may intervene for purposes of 15,982
collecting or recovering the support.
Sec. 3111.09. (A)(1) In any action instituted under 15,991
sections 3111.01 to 3111.19 of the Revised Code, the court, upon 15,992
its own motion, may order and, upon the motion of any party to 15,993
the action, shall order the child's mother, the child, the 15,994
alleged father, and any other person who is a defendant in the 15,995
action to submit to genetic tests. Instead of or in addition to 15,996
genetic testing ordered pursuant to this section, the court may 15,997
357
use the following information to determine the existence of a 15,999
parent and child relationship between the child and the child's 16,000
mother, the alleged father, or another defendant: 16,001
(a) A DNA record of the child's mother, the child, the 16,005
alleged father, or any other defendant that is stored in the DNA 16,006
database pursuant to section 109.573 of the Revised Code;
(b) Results of genetic tests conducted on the child, the 16,009
child's mother, the alleged father, or any other defendant 16,010
pursuant to former section 3111.21 or section 3111.22 of the
Revised Code. 16,011
If the court intends to use the information described in 16,014
division (A)(1)(a) of this section, it shall order the 16,015
superintendent of the bureau of criminal identification and 16,016
investigation to disclose the information to the court. If the 16,017
court intends to use the genetic test results described in 16,018
division (A)(1)(b) of this section, it shall order the agency 16,019
that ordered the tests to provide the report of the genetic test 16,020
results to the court.
(2) If the child support enforcement agency is not made a 16,023
party to the action, the clerk of the court shall schedule the 16,024
genetic testing no later than thirty days after the court issues 16,025
its order. If the agency is made a party to the action, the 16,026
agency shall schedule the genetic testing in accordance with the 16,027
rules adopted by the department DIRECTOR of human JOB AND FAMILY 16,029
services pursuant to section 2301.35 of the Revised Code. If the 16,031
alleged father of a child brings an action under sections 3111.01 16,032
to 3111.19 of the Revised Code and if the mother of the child 16,033
willfully fails to submit to genetic testing or if the mother is
the custodian of the child and willfully fails to submit the 16,034
child to genetic testing, the court, on the motion of the alleged 16,035
father, shall issue an order determining the existence of a 16,037
parent and child relationship between the father and the child 16,038
without genetic testing. If the mother or other guardian or 16,039
custodian of the child brings an action under sections 3111.01 to 16,040
358
3111.19 of the Revised Code and if the alleged father of the 16,041
child willfully fails to submit himself to genetic testing or, if 16,042
the alleged father is the custodian of the child and willfully 16,043
fails to submit the child to genetic testing, the court shall 16,044
issue an order determining the existence of a parent and child 16,045
relationship between the father and the child without genetic 16,046
testing. If a party shows good cause for failing to submit to 16,047
genetic testing or for failing to submit the child to genetic 16,048
testing, the court shall not consider the failure to be willful. 16,049
(3) Except as provided in division (A)(4) of this section, 16,052
any fees charged for the tests shall be paid by the party that 16,053
requests them, unless the custodian of the child is represented 16,054
by the child support enforcement agency in its role as the agency 16,055
providing enforcement of child support orders under Title IV-D of 16,056
the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, 16,057
as amended, the custodian is a participant in Ohio works first 16,059
under Chapter 5107. of the Revised Code for the benefit of the 16,061
child, or the defendant in the action is found to be indigent, in 16,062
which case the child support enforcement agency shall pay the 16,063
costs of genetic testing. The child support enforcement agency, 16,064
within guidelines contained in that federal law, shall use funds 16,065
received pursuant to Title IV-D of the "Social Security Act," 88 16,066
Stat. 2351 (1975), 42 U.S.C. 651, as amended, to pay the fees 16,067
charged for the tests.
Except as provided in division (A)(4) of this section, if 16,069
there is a dispute as to who shall pay the fees charged for 16,070
genetic testing, the child support enforcement agency shall pay 16,071
the fees, but neither the court nor the agency shall delay 16,072
genetic testing due to a dispute as to who shall pay the genetic 16,073
testing fees. The child support enforcement agency or the person 16,074
who paid the fees charged for the genetic testing may seek 16,075
reimbursement for the genetic testing fees from the person 16,076
against whom the court assesses the costs of the action. Any 16,077
funds used in accordance with this division by the child support 16,078
359
enforcement agency shall be in addition to any other funds that 16,079
the agency is entitled to receive as a result of any contractual 16,080
provision for specific funding allocations for the agency between 16,081
the county, the state, and the federal government. 16,082
(4) If, pursuant to former section 3111.21 or section 16,084
3111.22 of the Revised Code, the agency has previously conducted 16,087
genetic tests on the child, child's mother, alleged father, or 16,088
any other defendant and the current action pursuant to section 16,089
3111.01 to 3111.19 of the Revised Code has been brought to object 16,091
to the result of those previous tests, the agency shall not be 16,092
required to pay the fees for conducting genetic tests pursuant to 16,094
this section on the same persons.
(B)(1) The genetic tests shall be made by qualified 16,096
examiners who are authorized by the court or the department of 16,097
human JOB AND FAMILY services. An examiner conducting a genetic 16,098
test, upon the completion of the test, shall send a complete 16,099
report of the test results to the clerk of the court that ordered 16,100
the test or, if the agency is a party to the action, to the child
support enforcement agency of the county in which the court that 16,101
ordered the test is located. 16,102
(2) If a court orders the superintendent of the bureau of 16,104
criminal identification and investigation to disclose information 16,105
regarding a DNA record stored in the DNA database pursuant to 16,106
section 109.573 of the Revised Code, the superintendent shall 16,107
send the information to the clerk of the court that issued the 16,109
order or, if the agency is a party to the action, to the child 16,110
support enforcement agency of the county in which the court that
issued the order is located. 16,111
(3) If a court orders the child support enforcement agency 16,113
to provide the report of the genetic test results obtained 16,114
pursuant to former section 3111.21 or section 3111.22 of the 16,116
Revised Code, the agency shall send the information to the person
or government entity designated by the court that issued the 16,117
order.
360
(4) The clerk, agency, or person or government entity 16,120
under division (B)(3) of this section that receives a report or 16,121
information pursuant to division (B)(1), (2), or (3) of this 16,123
section shall mail a copy of the report or information to the 16,125
attorney of record for each party or, if a party is not 16,127
represented by an attorney, to the party. The clerk, agency, or 16,128
person or government entity under division (B)(3) of this section 16,130
that receives a copy of the report or information shall include 16,131
with the report or information sent to an attorney of record of a 16,132
party or a party a notice that the party may object to the 16,133
admission into evidence of the report or information by filing a 16,134
written objection as described in division (D) of section 3111.12 16,135
of the Revised Code with the court that ordered the tests or 16,136
ordered the disclosure of the information no later than fourteen 16,137
days after the report or information was mailed to the attorney 16,139
of record or to the party. The examiners may be called as 16,140
witnesses to testify as to their findings. Any party may demand 16,141
that other qualified examiners perform independent genetic tests 16,142
under order of the court. The number and qualifications of the 16,143
independent examiners shall be determined by the court. 16,144
(C) Nothing in this section prevents any party to the 16,146
action from producing other expert evidence on the issue covered 16,147
by this section, but, if other expert witnesses are called by a 16,148
party to the action, the fees of these expert witnesses shall be 16,149
paid by the party calling the witnesses and only ordinary witness 16,150
fees for these expert witnesses shall be taxed as costs in the 16,151
action. 16,152
(D) If the court finds that the conclusions of all the 16,154
examiners are that the alleged father is not the father of the 16,155
child, the court shall enter judgment that the alleged father is 16,156
not the father of the child. If the examiners disagree in their 16,157
findings or conclusions, the court shall determine the father of 16,159
the child based upon all the evidence.
(E) As used in sections 3111.01 to 3111.29 of the Revised 16,161
361
Code:
(1) "Genetic tests" and "genetic testing" mean either of 16,163
the following:
(a) Tissue or blood tests, including tests that identify 16,167
the presence or absence of common blood group antigens, the red 16,168
blood cell antigens, human lymphocyte antigens, serum enzymes, 16,169
serum proteins, or genetic markers; 16,170
(b) Deoxyribonucleic acid typing of blood or buccal cell 16,172
samples.
"Genetic test" and "genetic testing" may include the typing 16,174
and comparison of deoxyribonucleic acid derived from the blood of 16,175
one individual and buccal cells of another. 16,176
(2) "DNA record" and "DNA database" have the same meanings 16,179
as in section 109.573 of the Revised Code.
Sec. 3111.20. (A) As used in sections 3111.20 to 3111.29 16,188
of the Revised Code: 16,189
(1) "Obligor" means the person required to pay support 16,191
under an administrative support order. 16,192
(2) "Obligee" means the person entitled to receive the 16,194
support payments under an administrative support order. 16,195
(3) "Administrative support order" means an administrative 16,197
order for the payment of support that is issued by a child 16,198
support enforcement agency. 16,199
(4) "Support" means child support. 16,201
(5) "Personal earnings" means compensation paid or payable 16,203
for personal services, however denominated, and includes, but is 16,204
not limited to, wages, salary, commissions, bonuses, draws 16,205
against commissions, profit sharing, and vacation pay. 16,206
(6) "Financial institution" means a bank, savings and loan 16,208
association, or credit union, or a regulated investment company 16,209
or mutual fund in which a person who is required to pay support 16,210
has funds on deposit that are not exempt under the law of this 16,211
state or the United States from execution, attachment, or other 16,212
legal process. 16,213
362
(7) "Title IV-D case" means any case in which the child 16,215
support enforcement agency is enforcing the support order 16,216
pursuant to Title IV-D of the "Social Security Act," 88 Stat. 16,217
2351 (1975), 42 U.S.C. 651, as amended. 16,218
(8) "Payor" means any person or entity that distributes 16,221
income to an obligor including the obligor, if the obligor is 16,223
self-employed; an employer; an employer that is paying the 16,224
obligor's workers' compensation benefits; the public employees 16,225
retirement board; the governing entity of any municipal 16,226
retirement system; the board of trustees of the Ohio police and 16,228
fire pension fund; the state teachers retirement board; the 16,229
school employees retirement board; the state highway patrol 16,230
retirement board; a person paying or otherwise distributing an 16,231
obligor's income; the bureau of workers' compensation; or any 16,232
other person or entity, except the bureau DIRECTOR of employment 16,234
JOB AND FAMILY services with respect to unemployment compensation 16,237
benefits paid pursuant to Chapter 4141. of the Revised Code. 16,238
(9) "Income" means any form of monetary payment including 16,241
personal earnings; unemployment compensation benefits to the 16,242
extent permitted by, and in accordance with, section 2301.371 of 16,243
the Revised Code, division (D)(4) of section 4141.28 of the 16,245
Revised Code, and federal law governing the bureau DEPARTMENT of 16,246
employment JOB AND FAMILY services; workers' compensation 16,248
payments; pensions; annuities; allowances; retirement benefits; 16,250
disability or sick pay; insurance proceeds; lottery prize awards; 16,251
federal, state, or local government benefits to the extent that 16,252
the benefits can be withheld or deducted under the law governing 16,253
the benefits; any form of trust fund or endowment; lump-sum 16,254
payments; and any other monetary payments.
(B) A man who is presumed to be the natural father of a 16,257
child pursuant to section 3111.03 of the Revised Code assumes the 16,258
parental duty of support with respect to the child. 16,259
(C) Notwithstanding section 3109.01 of the Revised Code, a 16,261
parent's duty of support for a child shall continue beyond the 16,262
363
age of majority as long as the child continuously attends on a 16,263
full-time basis any recognized and accredited high school or a 16,265
court-issued child support order provides that the duty of
support continues beyond the age of majority. Except in cases in 16,266
which a child support order requires the duty of support to 16,267
continue for any period after the child reaches nineteen years of 16,268
age, the duty does not continue after the child reaches nineteen 16,269
years of age. The parental duty of support shall continue during 16,270
seasonal vacations. 16,271
A parent, guardian, or legal custodian of a child, the 16,273
person with whom the child resides, or the child support 16,274
enforcement agency of the county in which the child, parent, 16,275
guardian, or legal custodian of the child resides may file a 16,277
complaint pursuant to section 2151.231 of the Revised Code in the 16,278
juvenile court of that county requesting the court to order a 16,279
parent who neglects or does not assume the parental duty of 16,280
support to pay an amount for the support of the child and to 16,281
provide for the health care needs of the child, may contact a 16,283
child support enforcement agency for assistance in obtaining the 16,284
order, or may request an administrative officer of a child 16,285
support enforcement agency to issue an administrative order for 16,286
the payment of child support and providing for the health care 16,287
needs of the child pursuant to division (D) of this section. 16,288
Upon the filing of the complaint or the making of the request, 16,289
the court shall issue an order requiring the payment of support 16,290
for the child and providing for the health care needs of the 16,291
child, pursuant to section 2151.231 of the Revised Code, or the 16,292
administrative officer, pursuant to division (D) of this section, 16,293
shall issue an order requiring the payment of support for the 16,294
child and providing for the health care needs of the child. 16,295
A party to a request made under this division may raise the 16,297
issue of the existence or nonexistence of a parent-child 16,298
relationship between the presumed natural father and the child 16,299
unless the presumption is based on acknowledgment of paternity 16,300
364
that has become final pursuant to section 2151.232, 3111.211, or 16,301
5101.314 of the Revised Code. If a request is made for an 16,302
administrative order providing for support and health care needs 16,304
pursuant to division (D) of this section and the issue of the 16,306
existence or nonexistence of a parent-child relationship is
raised, the administrative officer shall treat the request as a 16,307
request made pursuant to section 3111.22 of the Revised Code and 16,308
determine the issue pursuant to that section. An administrative 16,309
order issued pursuant to division (D) of this section does not 16,311
preclude a party from requesting a determination of the issue of 16,312
the existence or nonexistence of a parent-child relationship 16,313
pursuant to this chapter if the issue was not determined with 16,315
respect to the party in the proceedings conducted pursuant to 16,316
division (D) of this section or pursuant to an acknowledgment of 16,317
paternity that has become final under section 2151.232, 3111.211, 16,318
or 5101.314 of the Revised Code. An order issued pursuant to 16,320
division (D) of this section shall remain effective until a final 16,321
and enforceable determination is made pursuant to this chapter 16,322
that a parent-child relationship does not exist between the 16,323
presumed natural father and the child or until the occurrence of 16,324
an event described in division (E)(4)(a) of section 3111.23 of 16,325
the Revised Code that requires the order to be terminated. 16,326
(D) If a request is made pursuant to division (C) of this 16,328
section or division (A) of section 3111.211 of the Revised Code 16,329
for an administrative order requiring the payment of child 16,331
support and providing for the health care needs of the child, the
administrative officer shall schedule an administrative hearing 16,333
to determine, in accordance with sections 3111.23 to 3111.29 and 16,334
3113.215 of the Revised Code, the amount of child support either 16,335
parent is required to pay, the method of paying that child 16,337
support, and the method of providing for the child's health care. 16,338
The hearing shall be held not later than sixty days after the 16,339
request is made pursuant to division (A) of this section or 16,341
division (A) of section 3111.211 of the Revised Code nor earlier 16,342
365
than thirty days after the officer gives the mother and father of 16,343
the child notice of the action. When an administrative officer 16,344
issues an administrative order for the payment of support and 16,345
provision for the child's health care, all of the following 16,346
apply:
(1) The administrative support order shall require 16,349
periodic payments of support that may vary in amount, except 16,351
that, if it is in the best interest of the child, the 16,352
administrative officer may order a lump sum payment or the 16,353
purchase of an annuity in lieu of periodic payments of support. 16,354
(2) The administrative support order shall require the 16,356
parents to provide for the health care needs of the child in 16,357
accordance with section 3111.241 of the Revised Code. 16,358
The administrative support order shall include a notice 16,360
stating that the mother or the father may object to the 16,362
administrative order by bringing an action for the payment of 16,363
support and provision for the child's health care under section 16,364
2151.321 of the Revised Code in the juvenile court of the county 16,365
in which the child or the guardian or legal custodian of the 16,366
child resides, that the action may be brought no later than 16,367
thirty days after the date of the issuance of the administrative 16,368
support order, and that, if neither the mother nor the father 16,369
brings an action for the payment of support and provision for the 16,370
child's health care within that thirty-day period, the 16,372
administrative support order is final and enforceable by a court 16,373
and may be modified and enforced only as provided in sections 16,374
3111.20 to 3111.28 and 3113.21 to 3113.219 of the Revised Code. 16,376
Sec. 3111.21. If the natural mother and alleged father of 16,385
a child sign an acknowledgment of paternity affidavit prepared 16,386
pursuant to section 5101.324 of the Revised Code with respect to 16,389
that child at a child support enforcement agency, the agency 16,390
shall provide a notary public to notarize the acknowledgment. 16,391
The agency shall send a signed and notarized acknowledgment of 16,393
paternity to the division of child support in the department of 16,394
366
human JOB AND FAMILY services pursuant to section 5101.314 of the 16,395
Revised Code. The agency shall send the acknowledgment no later 16,397
than ten days after it has been signed and notarized. If the 16,398
agency knows a man is presumed under section 3111.03 of the 16,399
Revised Code to be the father of the child, the agency shall not 16,400
notarize or send an acknowledgment with respect to the child 16,401
pursuant to this section. 16,402
Sec. 3111.211. (A) If an acknowledgment has been filed 16,411
and entered into the birth registry pursuant to section 5101.314 16,412
of the Revised Code but has not yet become final, either of the 16,414
persons who signed the acknowledgment may request that an 16,415
administrative officer of a child support enforcement agency 16,416
issue an administrative order pursuant to division (B) of this 16,417
section for payment of child support and providing for the health 16,418
care needs of the child.
A party to a request made under this section may raise the 16,420
issue of the existence or nonexistence of a parent and child 16,421
relationship. If a request is made pursuant to this section and 16,422
the issue of the existence or nonexistence of a parent and child 16,423
relationship is raised, the administrative officer shall treat 16,424
the request as a request made pursuant to section 3111.22 of the 16,425
Revised Code and determine the issue in accordance with that 16,427
section. The administrative officer shall promptly notify the 16,428
division of child support in the department of human JOB AND 16,429
FAMILY services that proceedings are being conducted in
compliance with section 3111.22 of the Revised Code. On receipt 16,431
of the notice by the division, the acknowledgment of paternity 16,432
signed by the parties and filed pursuant to section 5101.314 of 16,433
the Revised Code shall be considered rescinded. 16,434
If the parties do not raise the issue of the existence or 16,436
nonexistence of a parent and child relationship pursuant to the 16,437
request made under this section and an administrative order is 16,439
issued pursuant to division (B) of this section prior to the date 16,440
the acknowledgment filed and entered on the birth registry under 16,441
367
section 5101.314 of the Revised Code becomes final, the 16,443
acknowledgment shall be considered final as of the date of the 16,444
issuance of the order. An administrative order issued pursuant 16,445
to division (B) of this section shall not affect an 16,446
acknowledgment that becomes final pursuant to section 5101.314 of 16,447
the Revised Code prior to the issuance of the order. 16,449
(B) If a request is made pursuant to division (A) of this 16,452
section for an administrative order requiring the payment of 16,453
child support and providing for the health care needs of the 16,454
child, the administrative officer shall comply with the 16,455
requirements of division (D) of section 3111.20 of the Revised 16,456
Code and shall issue a support order in accordance with that 16,458
division.
Sec. 3111.22. (A)(1) Except as otherwise provided in 16,467
division (A)(2) of this section, no person may bring an action 16,468
under sections 3111.01 to 3111.19 of the Revised Code before 16,469
requesting an administrative determination of the existence or 16,470
nonexistence of a parent and child relationship from the child 16,471
support enforcement agency of the county in which the child or 16,472
the guardian or legal custodian of the child resides. 16,473
(2) If the alleged father of a child is deceased and 16,475
proceedings for the probate of the estate of the alleged father 16,476
have been or can be commenced, the court with jurisdiction over 16,477
the probate proceedings shall retain jurisdiction to determine 16,478
the existence or nonexistence of a parent and child relationship 16,479
between the alleged father and any child without an 16,480
administrative determination being requested from a child support 16,481
enforcement agency. If an action for divorce, dissolution of 16,482
marriage, or legal separation, or an action under section 16,483
2151.231 of the Revised Code requesting an order requiring the 16,484
payment of child support and provision for the health care of a 16,485
child, has been filed in a court of common pleas and a question 16,487
as to the existence or nonexistence of a parent and child 16,488
relationship arises, the court in which the original action was 16,489
368
filed shall retain jurisdiction to determine the existence or 16,490
nonexistence of the parent and child relationship without an 16,491
administrative determination being requested from a child support 16,492
enforcement agency. If a juvenile court issues a support order 16,493
under section 2151.231 of the Revised Code relying on a 16,494
presumption under section 3111.03 of the Revised Code, the 16,495
juvenile court that issued the support order shall retain 16,497
jurisdiction if a question as to the existence of a parent and 16,498
child relationship arises.
(B) Except as provided in division (A)(2) of this section, 16,500
before a person brings an action pursuant to sections 3111.01 to 16,501
3111.19 of the Revised Code to determine the existence or 16,502
nonexistence of a parent and child relationship, the person shall 16,504
request the child support enforcement agency of the county in 16,505
which the child or the guardian or legal custodian of the child 16,506
resides to determine the existence or nonexistence of a parent 16,507
and child relationship between the alleged father and the child. 16,508
If more than one agency receives a request pursuant to this 16,509
section, the agency that receives the request first shall proceed 16,510
with the request. The request shall contain all of the following 16,511
information: 16,512
(1) The name, birthdate, and current address of the 16,514
alleged father of the child; 16,515
(2) The name, social security number, and current address 16,517
of the mother of the child; 16,518
(3) The name and last known address of the alleged father 16,520
of the child; 16,521
(4) The name and birthdate of the child. 16,523
(C)(1) Upon receiving a request for a determination of the 16,525
existence or nonexistence of a parent and child relationship in 16,526
accordance with division (B) of this section, the agency shall 16,527
assign an administrative officer to consider the request. The 16,529
administrative officer may schedule a conference with the mother 16,530
and the alleged father to provide information and the opportunity 16,531
369
to sign an acknowledgment of paternity affidavit prepared 16,532
pursuant to section 5101.324 of the Revised Code. If the mother 16,534
and alleged father do not sign the affidavit at a conference held 16,535
by the administrative officer, the administrative officer shall 16,537
issue an order requiring the child, the mother, and the alleged 16,538
father to submit to genetic testing. In the order, the agency 16,539
shall schedule the genetic tests for the mother, alleged father, 16,540
and child on a date that is no later than forty-five days after 16,541
the date of assignment of the administrative officer and shall 16,542
require the tests to be conducted in accordance with the rules 16,543
adopted by the department DIRECTOR of human JOB AND FAMILY 16,544
services pursuant to section 2301.35 of the Revised Code. 16,546
The agency shall attach a notice to the order and send both 16,549
in accordance with the Rules of Civil Procedure to the mother and 16,551
the alleged father. The notice shall state all of the following: 16,553
(a) That the agency has been requested to determine the 16,555
existence of a parent and child relationship between a child and 16,556
the alleged named father; 16,557
(b) The name and birthdate of the child of which the man 16,559
is alleged to be the natural father; 16,560
(c) The name of the mother and the alleged natural father; 16,562
(d) The rights and responsibilities of a parent; 16,564
(e) That the child, the mother, and the alleged father 16,567
must submit to genetic testing at the date, time, and place 16,568
determined by the agency in the order issued pursuant to division 16,569
(C)(1) of this section; 16,570
(f) The administrative procedure for determining the 16,573
existence of a parent and child relationship; 16,574
(g) That if the alleged father or natural mother willfully 16,576
fails to submit to genetic testing, or the alleged father, 16,577
natural mother, or the custodian of the child willfully fails to 16,578
submit the child to genetic testing, the agency shall issue an 16,579
order that it is inconclusive whether the alleged father is the 16,580
child's natural father; 16,581
370
(h) That if the alleged father or natural mother willfully 16,584
fails to submit to genetic testing, or the alleged father, 16,585
natural mother, or custodian of the child willfully fails to 16,586
submit the child to genetic testing, they may be found in 16,587
contempt of court.
(2) The genetic testing shall be conducted by a qualified 16,590
examiner authorized by the department of human JOB AND FAMILY 16,591
services. On completion of the genetic tests, the examiner shall 16,592
send a complete report of the test results to the agency. The 16,593
administrative officer shall do one of the following: 16,594
(a) If the results of the genetic testing show a 16,596
ninety-nine per cent or greater probability that the alleged 16,598
father is the natural father of the child, the administrative 16,599
officer of the agency shall issue an administrative order that 16,600
the alleged father is the father of the child who is the subject 16,601
of the proceeding. 16,602
(b) If the results of genetic testing show less than a 16,604
ninety-nine per cent probability that the alleged father is the 16,606
natural father of the child but do not exclude the alleged father 16,607
from being the natural father of the child, the administrative 16,608
officer shall issue an administrative order stating that it is 16,609
inconclusive whether the alleged father is the natural father of 16,610
the child. 16,611
(c) If the results of the genetic testing exclude the 16,613
alleged father from being the natural father of the child, the 16,614
administrative officer shall issue an administrative order that 16,615
the alleged father is not the father of the child who is the 16,616
subject of the proceeding. 16,617
An administrative officer shall include with any order the 16,620
officer issues pursuant to division (C)(2)(a) or (c) of this 16,622
section a notice that contains the information described in
division (D) of this section informing the mother, father, and 16,623
the guardian or legal custodian of the child of the right to 16,624
object to the order. 16,625
371
(D) When an administrative officer issues an 16,627
administrative order determining the existence or nonexistence of 16,628
a parent and child relationship pursuant to division (C)(2)(a) or 16,630
(c) of this section, the mother, alleged father, and the guardian 16,633
or legal custodian of the child may object to the determination 16,634
by bringing, within thirty days after the date the administrative 16,635
officer issued the order, an action under sections 3111.01 to 16,636
3111.19 of the Revised Code in the juvenile court in the county 16,637
in which the agency that employs the administrative officer is 16,638
located. If the mother, alleged father, or guardian or legal 16,639
custodian does not bring an action within that thirty-day period, 16,640
the administrative order is final and enforceable by a court and 16,641
may not be challenged in an action or proceeding under Chapter 16,642
3111. of the Revised Code.
(E)(1) If an administrative officer issues an 16,644
administrative order determining the existence of a parent and 16,646
child relationship between the alleged father and the child 16,647
pursuant to division (C)(2)(a) of this section, the 16,648
administrative officer shall schedule an administrative hearing 16,649
to determine, in accordance with sections 3111.23 to 3111.29 and 16,651
3113.215 of the Revised Code, the amount of child support any
parent is required to pay, the method of payment of child 16,652
support, and the method of providing for the child's health care. 16,654
The hearing shall be held no later than sixty days after the date 16,655
of the issuance of the order and no earlier than thirty days 16,656
after the date the administrative officer gives the mother and 16,657
the father notice of the administrative hearing. When an
administrative officer issues an administrative order for the 16,659
payment of support and provision for the child's health care, all 16,660
of the following apply:
(a) The administrative support order shall require 16,662
periodic payments of support that may vary in amount, except 16,663
that, if it is in the best interest of the child, the 16,664
administrative officer may order a lump-sum payment or the 16,665
372
purchase of an annuity in lieu of periodic payments of support. 16,667
(b) The administrative support order shall require the 16,670
parents to provide for the health care needs of the child in
accordance with section 3111.241 of the Revised Code. 16,673
(c) The administrative support order shall include a 16,676
notice informing the mother, father, and the legal guardian or
custodian of the child of the right to object to the order and 16,678
containing the information described in division (E)(2) of this 16,679
section. 16,680
(2) The mother, father, or the legal guardian or custodian 16,683
of the child may object to the administrative order by bringing 16,684
an action for the payment of support and provision for the 16,685
child's health care under section 2151.231 of the Revised Code in 16,686
the juvenile court of the county in which the agency that employs 16,687
the administrative officer is located. The action shall be 16,688
brought no later than thirty days after the date of the issuance 16,689
of the administrative support order. If neither the mother nor 16,690
the father brings an action for the payment of support and 16,692
provision for the child's health care within that thirty-day 16,693
period, the administrative support order is final and enforceable 16,695
by a court and may be modified and enforced only as provided in 16,696
sections 3111.20 to 3111.28 and 3113.21 to 3113.219 of the 16,697
Revised Code.
(F) If the alleged natural father or the natural mother 16,700
willfully fails to submit to genetic testing or if either parent
or any other person who is the custodian of the child willfully 16,701
fails to submit the child to genetic testing, the agency shall 16,702
enter an administrative order stating that it is inconclusive as 16,703
to whether the alleged natural father is the natural father of 16,704
the child and shall provide a notice to the parties informing 16,705
them that an action may be brought under sections 3111.01 to 16,707
3111.19 of the Revised Code to establish a parent and child 16,708
relationship.
(G) Unless the agency has reason to believe that a person 16,710
373
named in the order is a potential victim of domestic violence, 16,711
any order issued pursuant to this section finding the existence 16,713
of a parent and child relationship shall contain the full names, 16,714
addresses, and social security numbers of the mother and father 16,715
of the child and the full name and address of the child. The 16,716
agency, as part of an order determining the existence of a parent 16,717
and child relationship issued pursuant to this section, may order 16,718
the surname of the child subject to the determination to be 16,719
changed and order the change to be made on the child's birth 16,720
record consistent with the order if the parties agree to the 16,722
change.
(H) An administrative support order issued pursuant to 16,725
section 3111.21 of the Revised Code prior to the effective date 16,728
of this amendment JANUARY 1, 1998, that is in effect on the 16,729
effective date of this amendment JANUARY 1, 1998, shall remain in 16,731
effect on and after the effective date of the amendment JANUARY 16,732
1, 1998, and shall be considered an administrative support order 16,735
issued pursuant to this section for all purposes.
(I) As used in this section, "birth record" has the same 16,737
meaning as in section 3705.01 of the Revised Code. 16,738
Sec. 3111.23. (A)(1) If an administrative officer of a 16,747
child support enforcement agency issues an administrative support 16,748
order under section 3111.20, 3111.211, or 3111.22 of the Revised 16,751
Code, the agency shall require the withholding or deduction of an 16,752
amount of the income or assets of the obligor in accordance with 16,753
division (B) of this section or require the issuance of an order 16,754
in accordance with section 3111.231 of the Revised Code to ensure 16,755
that withholding or deduction from the income or assets of the 16,757
obligor is available from the commencement of the administrative
support order for the collection of the support and any 16,758
arrearages that occur. The agency shall determine the specific 16,759
withholding or deduction requirements or other requirement 16,760
applicable to the obligor under the administrative support order 16,761
in accordance with division (B) of this section and section 16,762
374
3111.231 of the Revised Code and shall include the specific 16,763
requirements in the notices described in divisions (A)(2) and (B) 16,764
of this section or in an order described under section 3111.231 16,765
of the Revised Code. Any person required to comply with the 16,766
withholding or deduction requirements shall determine the manner 16,767
of withholding or deducting an amount of the income or assets of 16,769
the obligor in accordance with the specific requirements included
in the notices described in those divisions without the need for 16,770
any amendment to the administrative support order. Any person 16,771
required to comply with an order described in section 3111.231 of 16,772
the Revised Code shall comply without the need for any amendment 16,773
to the administrative order. The agency shall include in an 16,774
administrative support order under section 3111.20, 3111.211, or 16,775
3111.22 of the Revised Code a general provision that states the 16,776
following:
"All child support ordered by this administrative support 16,778
order shall be withheld or deducted from the income or assets of 16,780
the obligor pursuant to a withholding or deduction notice issued 16,782
in accordance with section 3111.23 of the Revised Code or a 16,783
withdrawal directive issued pursuant to section 3113.214 of the 16,784
Revised Code and shall be forwarded to the obligee in accordance
with sections 3111.23 to 3111.28 of the Revised Code." 16,786
(2) In any action in which support is ordered or modified 16,788
under an administrative support order as described in division 16,789
(A)(1) of this section, the child support enforcement agency 16,790
shall determine in accordance with division (B) of this section 16,791
or section 3111.231 of the Revised Code the types of withholding 16,792
or deduction requirements or other requirements that should be 16,793
imposed relative to the obligor under the administrative support 16,794
order to collect the support due under the order. Within fifteen 16,795
days after the obligor under the administrative support order is 16,796
located subsequent to the issuance of the administrative support 16,797
order or within fifteen days after the default under the 16,798
administrative support order, whichever is applicable, the agency 16,799
375
shall send a notice by regular mail to each person required to 16,800
comply with a withholding or deduction requirement. The notice 16,801
shall specify the withholding or deduction requirement and shall 16,802
contain all of the information set forth in division (B)(1) or 16,804
(2)(b) of this section that is applicable to the requirement. 16,805
The notices, plus the notices provided by the child support 16,806
enforcement agency that require the obligor to notify the agency 16,807
of any change in the obligor's employment status or of any other 16,808
change in the status of the obligor's assets, are final and are 16,809
enforceable by the court. The agency shall provide the notice to 16,810
the obligor in accordance with division (B)(1)(c) or (2)(c) of 16,811
this section, whichever is applicable, and shall include with 16,813
that notice the additional notices described in the particular 16,814
division that is applicable.
(3)(a) If support is ordered or modified on or after 16,816
December 31, 1993, under an administrative support order issued 16,817
under former section 3111.21 or section 3111.20, 3111.211, or 16,819
3111.22 of the Revised Code, if the child support enforcement 16,820
agency has determined in accordance with division (A)(2) of this 16,821
section the types of withholding or deduction requirements or 16,822
other requirements that should be imposed relative to the obligor 16,824
under the support order to collect the support due under the 16,825
order, if the agency has sent the appropriate withholding or
deduction notices or issued and sent an order under section 16,826
3111.231 of the Revised Code to the persons required to comply 16,827
with the withholding or deduction requirements or order that the 16,828
agency determined should be imposed, and if the agency is 16,829
notified or otherwise determines that the employment status or 16,830
other circumstances of the obligor have changed, the agency shall 16,831
conduct an investigation to determine whether it is more 16,832
appropriate to impose another type of or an additional 16,833
withholding or deduction requirement or order regarding the
administrative support order and shall issue and send by regular 16,834
mail one or more notices described in division (B) of this 16,835
376
section or an order pursuant to section 3111.231 of the Revised 16,836
Code that it determines are appropriate. The agency shall 16,837
immediately cancel any previously issued notice or order that no 16,839
longer is appropriate and send written notice of the cancellation
by regular mail to the person required to comply with the 16,840
previously issued notice or order. The notices shall be sent 16,842
within fifteen days after the obligor under the administrative 16,843
support order is located or within fifteen days after the default 16,844
under the administrative support order, whichever is applicable. 16,845
The notices shall specify the withholding or deduction 16,846
requirement and shall contain all of the information set forth in 16,847
division (B)(1)(b) or (2)(b) of this section that is applicable. 16,848
The agency shall provide the notices to the obligor in accordance 16,849
with division (B)(1)(c) or (2)(c) of this section, whichever is 16,851
applicable, and shall include with that notice the additional 16,852
notices described in the particular division that are applicable. 16,853
The notices are final and are enforceable by the court. 16,854
(b) All support orders issued prior to December 31, 1993, 16,857
under former section 3111.21 or section 3111.20 or 3111.22 of the 16,858
Revised Code that have not been modified or found in default on 16,859
or after that date shall be considered to contain the general 16,861
provision described in division (A)(1) of this section and shall 16,862
be enforced and modified in the same manner as an order for
support issued on or after December 31, 1993. 16,863
(4) If, pursuant to division (A)(2) or (A)(3)(a) of this 16,865
section, a person is sent a withholding or deduction notice 16,867
described in division (B) of this section or an order issued
under section 3111.231 of the Revised Code and the person fails 16,869
to comply with the notice or order, the child support enforcement 16,870
agency, in accordance with section 3111.28 of the Revised Code, 16,871
shall request the court to find the person in contempt pursuant 16,872
to section 2705.02 of the Revised Code.
(5) The department of human JOB AND FAMILY services shall 16,874
adopt standard forms for the support withholding and deduction 16,876
377
notices prescribed by divisions (A)(1) to (3) and (B) of this 16,877
section. All child support enforcement agencies shall use the 16,878
forms in complying with this section. 16,879
(B) If a child support enforcement agency is required by 16,881
division (A) of this section to issue one or more withholding or 16,882
deduction notices described in this division, the agency shall 16,883
issue one or more of the following types of notices to pay the 16,884
support required under the administrative support order in 16,885
question and to pay any arrearages: 16,886
(1)(a) If the child support enforcement agency determines 16,888
that the obligor is receiving income from a payor, the agency 16,890
shall require the payor to withhold from the obligor's income a 16,891
specified amount for support in satisfaction of the 16,892
administrative support order, to begin the withholding no later 16,893
than fourteen working days following the date the notice was 16,896
mailed to the payor under divisions (A)(2) or (3) and (B)(1)(b) 16,897
of this section or, if the payor is an employer, no later than 16,898
the first pay period that occurs after fourteen working days 16,900
following the date the notice was mailed, to send the amount 16,901
withheld to the division of child support in the department of 16,902
human JOB AND FAMILY services pursuant to section 5101.325 of the 16,903
Revised Code, to send that amount to the division immediately but 16,905
not later than seven working days after the date the obligor is 16,907
paid, and to continue the withholding at intervals specified in 16,908
the notice until further notice from the child support 16,909
enforcement agency. To the extent possible, the amount specified 16,911
in the notice to be withheld shall satisfy the amount ordered for 16,912
support in the administrative support order plus any arrearages 16,913
that may be owed by the obligor under any prior court or 16,914
administrative support order that pertained to the same child or 16,915
spouse, notwithstanding any applicable limitations of sections 16,917
2329.66, 2329.70, 2716.02, 2716.041, and 2716.05 of the Revised 16,918
Code. However, in no case shall the sum of the amount specified 16,919
in the notice to be withheld and any fee withheld by the payor as 16,921
378
a charge for its services exceed the maximum amount permitted
under section 303(b) of the "Consumer Credit Protection Act," 15 16,922
U.S.C. 1673(b). 16,923
(b) If the agency imposes a withholding requirement under 16,925
division (B)(1)(a) of this section, the agency, within the 16,926
applicable period of time specified in division (A) of this 16,927
section, shall send to the payor by regular mail a notice that 16,930
contains all of the information set forth in divisions 16,931
(B)(1)(b)(i) to (xi) of this section. The notice is final and is 16,932
enforceable by the court. The notice shall contain all of the 16,933
following:
(i) The amount to be withheld from the obligor's income 16,935
and a statement that the amount actually withheld for support and 16,936
other purposes, including the fee described in division 16,937
(B)(1)(b)(xi) of this section, shall not be in excess of the 16,938
maximum amounts permitted under section 303(b) of the "Consumer 16,939
Credit Protection Act," 15 U.S.C. 1673(b); 16,940
(ii) A statement that the payor is required to send the 16,943
amount withheld to the division of child support immediately, but 16,944
not later than seven working days, after the obligor is paid and 16,946
is required to report to the agency the date on which the amount 16,948
was withheld from the obligor's income; 16,949
(iii) A statement that the withholding is binding upon the 16,951
payor until further notice from the agency; 16,952
(iv) A statement that if the payor is an employer, the 16,955
payor is subject to a fine to be determined under the law of this 16,956
state for discharging the obligor from employment, refusing to 16,957
employ the obligor, or taking any disciplinary action against the 16,958
obligor because of the withholding requirement; 16,959
(v) A statement that, if the payor fails to withhold 16,961
income in accordance with the provisions of the notice, the payor 16,964
is liable for the accumulated amount the payor should have 16,965
withheld from the obligor's income; 16,966
(vi) A statement that the withholding in accordance with 16,968
379
the notice and under the provisions of this section has priority 16,969
over any other legal process under the law of this state against 16,970
the same income; 16,971
(vii) The date on which the notice was mailed and a 16,973
statement that the payor is required to implement the withholding 16,975
no later than fourteen working days following the date the notice 16,976
was mailed or, if the payor is an employer, no later than the 16,977
first pay period that occurs after fourteen working days 16,979
following the date the notice was mailed and is required to 16,980
continue the withholding at the intervals specified in the 16,981
notice;
(viii) A requirement that the payor promptly notify the 16,984
child support enforcement agency, in writing, within ten working 16,985
days after the date of any situation that occurs, including, 16,986
termination of employment, layoff of the obligor, any leave of 16,987
absence of the obligor without pay, termination of workers' 16,988
compensation benefits, or termination of any pension, annuity, 16,989
allowance, or retirement benefit in which the payor ceases to pay 16,990
income in an amount sufficient to comply with the administrative 16,992
order to the obligor and provide the agency with the obligor's 16,993
last known address;
(ix) A requirement that, if the payor is an employer, the 16,996
payor identify in the notification given under division 16,997
(B)(1)(b)(viii) of this section any types of benefits other than 16,998
personal earnings that the obligor is receiving or is eligible to 16,999
receive as a benefit of employment or as a result of the 17,000
obligor's termination of employment, including, but not limited 17,001
to, unemployment compensation, workers' compensation benefits, 17,002
severance pay, sick leave, lump sum payments of retirement 17,003
benefits or contributions, and bonuses or profit-sharing payments 17,004
or distributions, and the amount of such benefits, and include in 17,005
the notification the obligor's last known address and telephone 17,006
number, date of birth, social security number, and case number 17,007
and, if known, the name and business address of any new employer 17,008
380
of the obligor;
(x) A requirement that, no later than the earlier of 17,010
forty-five days before the lump-sum payment is to be made or, if 17,011
the obligor's right to the lump-sum payment is determined less 17,012
than forty-five days before it is to be made, the date on which 17,013
that determination is made, the payor notify the child support 17,015
enforcement agency of any lump-sum payments of any kind of one 17,016
hundred fifty dollars or more that are to be paid to the obligor, 17,017
hold the lump-sum payments of one hundred fifty dollars or more 17,019
for thirty days after the date on which the lump-sum payments 17,020
otherwise would have been paid to the obligor, and, upon order of 17,022
the agency, pay any specified amount of the lump-sum payment to 17,023
the division of child support;
(xi) A statement that, in addition to the amount withheld 17,025
for support, the payor may withhold a fee from the obligor's 17,027
income as a charge for its services in complying with the notice 17,029
a specification of the amount that may be withheld.
(c) The agency shall send the notice described in division 17,031
(B)(1)(b) of this section to the obligor, and shall attach to the 17,032
notice an additional notice requiring the obligor immediately to 17,033
notify the child support enforcement agency, in writing, of any 17,034
change in employment, including self-employment, and of the 17,035
availability of any other sources of income that can be the 17,036
subject of any withholding or deduction requirement described in 17,037
division (B) of this section. The agency shall serve the notices 17,038
upon the obligor at the same time as service of the 17,039
administrative support order or, if the administrative support 17,040
order previously has been issued, shall send the notices to the 17,041
obligor by regular mail at the obligor's last known address at 17,043
the same time that it sends the notice described in division 17,044
(B)(1)(b) of this section to the payor. The notification 17,045
required of the obligor shall include a description of the nature 17,046
of any new employment or income source, the name, business 17,047
address, and telephone number of any new employer or income 17,048
381
source, and any other information reasonably required by the 17,050
agency. No obligor shall fail to give the notification as 17,051
required by division (B)(1)(c) of this section. 17,052
(2)(a) If the child support enforcement agency determines 17,054
that the obligor has funds on deposit in any account in a 17,055
financial institution under the jurisdiction of the court, the 17,056
agency may require any financial institution in which the 17,057
obligor's funds are on deposit to deduct from the obligor's 17,058
account a specified amount for support in satisfaction of the 17,059
administrative support order, to begin the deduction no later 17,060
than fourteen working days following the date the notice was 17,061
mailed to the financial institution under divisions (A)(2) or (3) 17,062
and (B)(2)(b) of this section, to send the amount deducted to the 17,064
division of child support in the department of human JOB AND
FAMILY services pursuant to section 5101.325 of the Revised Code, 17,066
to send that amount to the division immediately but not later 17,067
than seven working days after the date the latest deduction was 17,068
made, to provide the date on which the amount was deducted, and 17,071
to continue the deduction at intervals specified in the notice 17,072
until further notice from the agency. To the extent possible, 17,073
the amount specified in the notice to be deducted shall satisfy 17,074
the amount ordered for support in the administrative support 17,075
order plus any arrearages that may be owed by the obligor under 17,076
any prior court or administrative support order that pertained to 17,077
the same child or spouse, notwithstanding the limitations of 17,078
sections 2329.66, 2329.70, and 2716.13 of the Revised Code. 17,079
(b) If the agency imposes a deduction requirement under 17,081
division (B)(2)(a) of this section, it, within the applicable 17,083
period of time specified in division (A) of this section, shall 17,084
send to the financial institution by regular mail a notice that 17,085
contains all of the information set forth in divisions 17,086
(B)(2)(b)(i) to (viii) of this section. The notice is final and 17,088
is enforceable by the court. The notice shall contain all of the 17,089
following: 17,090
382
(i) The amount to be deducted from the obligor's account; 17,092
(ii) A statement that the financial institution is 17,094
required to send the amount deducted to the division of child 17,095
support immediately, but not later than seven working days, after 17,097
the date the last deduction was made and is required to report to 17,099
the agency the date on which the amount was deducted from the 17,100
obligor's account;
(iii) A statement that the deduction is binding upon the 17,102
financial institution until further notice from the court or 17,103
agency; 17,104
(iv) A statement that the withholding in accordance with 17,106
the notice and under the provisions of this section has priority 17,107
over any other legal process under the law of this state against 17,108
the same account; 17,109
(v) The date on which the notice was mailed and a 17,111
statement that the financial institution is required to implement 17,112
the deduction no later than fourteen working days following the 17,113
date the notice was mailed and is required to continue the 17,114
deduction at the intervals specified in the notice; 17,115
(vi) A requirement that the financial institution promptly 17,117
notify the child support enforcement agency, in writing, within 17,118
ten days after the date of any termination of the account from 17,119
which the deduction is being made and notify the agency, in 17,120
writing, of the opening of a new account at that financial 17,121
institution, the account number of the new account, the name of 17,122
any other known financial institutions in which the obligor has 17,123
any accounts, and the numbers of those accounts; 17,124
(vii) A requirement that the financial institution include 17,126
in all notices the obligor's last known mailing address, last 17,127
known residence address, and social security number; 17,128
(viii) A statement that, in addition to the amount 17,130
deducted for support, the financial institution may deduct a fee 17,131
from the obligor's account as a charge for its services in 17,132
complying with the administrative order and a specification of 17,133
383
the amount that may be deducted. 17,134
(c) The agency shall send the notice described in division 17,136
(B)(2)(b) of this section to the obligor and shall attach to the 17,138
notice an additional notice requiring the obligor immediately to
notify the child support enforcement agency, in writing, of any 17,139
change in the status of the account from which the amount of 17,140
support is being deducted or the opening of a new account with 17,141
any financial institution, of the commencement of employment, 17,142
including self-employment, or of the availability of any other 17,143
sources of income that can be the subject of any withholding or 17,144
deduction requirement described in division (B) of this section. 17,145
The agency shall serve the notices upon the obligor at the same 17,146
time as service of the administrative support order or, if the 17,147
support order previously has been issued, shall send the notices 17,148
to the obligor by regular mail at the obligor's last known 17,149
address at the same time that it sends the notice described in 17,151
division (B)(2)(b) of this section to the obligor. The 17,152
additional notice also shall notify the obligor that upon 17,154
commencement of employment, the obligor may request the agency to 17,155
cancel its financial institution account deduction notice and 17,156
instead issue a notice requiring the withholding of an amount 17,157
from the obligor's personal earnings for support in accordance 17,158
with division (B)(1) of this section and that upon commencement 17,159
of employment the agency may cancel its financial institution 17,160
account deduction notice and instead will issue a notice 17,161
requiring the withholding of an amount from the obligor's 17,162
personal earnings for support in accordance with division (B)(1) 17,163
of this section. The notification required of the obligor shall 17,164
include a description of the nature of any new accounts opened at 17,165
a financial institution located in the county in which the agency 17,166
is located, the name and business address of that financial 17,167
institution, a description of the nature of any new employment or 17,168
income source, the name, business address, and telephone number 17,170
of any new employer or income source, and any other information 17,171
384
reasonably required by the agency. 17,173
(C) If an agency issues or modifies an administrative 17,175
support order under section 3111.20, 3111.211, or 3111.22 of the 17,178
Revised Code and issues one or more notices described in division
(B) of this section, the agency to the extent possible shall 17,179
issue a sufficient number of notices under division (B) of this 17,180
section to provide that the aggregate amount withheld or deducted 17,181
under those notices satisfies the amount ordered for support in 17,182
the administrative support order plus any arrearages that may be 17,183
owed by the obligor under any prior court or administrative 17,184
support order that pertained to the same child or spouse, 17,185
notwithstanding any applicable limitations of sections 2329.66, 17,186
2329.70, 2716.02, 2716.041, 2716.05, 2716.13, and 4123.67 of the 17,188
Revised Code. However, in no case shall the aggregate amount 17,189
withheld pursuant to a withholding notice issued under division 17,190
(B)(1) of this section and any fees withheld pursuant to the 17,191
notice as a charge for services exceed the maximum amount 17,192
permitted under section 303(b) of the "Consumer Credit Protection 17,193
Act," 15 U.S.C. 1673(b). 17,194
(D) When two or more withholding notices that are 17,197
described in division (B)(1) of this section are received by a 17,198
payor, the payor shall comply with all of the requirements 17,200
contained in the notices to the extent that the total amount 17,201
withheld from the obligor's income does not exceed the maximum 17,203
amount permitted under section 303(b) of the "Consumer Credit 17,204
Protection Act," 15 U.S.C. 1673(b), withhold amounts in 17,205
accordance with the allocation set forth in divisions (D)(1) and 17,206
(2) of this section, notify each agency that issued one of the 17,207
notices of the allocation, and give priority to amounts 17,208
designated in each notice as current support in the following 17,209
manner:
(1) If the total of the amounts designated in the notices 17,211
as current support exceeds the amount available for withholding 17,212
under section 303(b) of the "Consumer Credit Protection Act," 15 17,213
385
U.S.C. 1673(b), the payor shall allocate to each notice an amount 17,214
for current support equal to the amount designated in that notice 17,216
as current support multiplied by a fraction in which the 17,217
numerator is the amount of income available for withholding and 17,218
the denominator is the total amount designated in all of the 17,219
notices as current support.
(2) If the total of the amounts designated in the notices 17,221
as current support does not exceed the amount available for 17,222
withholding under section 303(b) of the "Consumer Credit 17,223
Protection Act," the payor shall pay all of the amounts 17,226
designated as current support in the notices and shall allocate 17,227
to each notice an amount for past-due support equal to the amount 17,228
designated in that notice as past-due support multiplied by a 17,229
fraction in which the numerator is the amount of income remaining 17,230
available for withholding after the payment of current support 17,231
and the denominator is the total amount designated in all of the 17,232
notices orders as past-due support. 17,233
(E)(1) Except when a provision specifically authorizes or 17,235
requires service other than as described in this division, 17,236
service of any notice on any party, a financial institution, or a 17,238
payor, for purposes of division (A) or (B) of this section, shall 17,240
be made by ordinary first class mail directed to the addressee at 17,242
the addressee's last known address, or, in the case of a 17,243
corporation, at its usual place of doing business. A notice 17,244
shall be considered to have been served when it is mailed. 17,245
(2) Each party to an administrative support order shall 17,247
notify the child support enforcement agency of the party's 17,248
current mailing address, current residence address, current 17,250
residence telephone number, and current driver's license number, 17,251
at the time of the issuance or modification of the order and, 17,252
until further notice of the agency that issues the order, shall 17,253
notify the agency of any change in that information immediately 17,255
after the change occurs. No person shall fail to give the notice 17,256
as required by division (E)(2) of this section. 17,257
386
(3) Each administrative support order issued pursuant to 17,259
this section shall contain a notice that states the following in 17,260
boldfaced type and in all capital letters: 17,261
"EACH PARTY TO THIS SUPPORT ORDER MUST NOTIFY THE CHILD 17,264
SUPPORT ENFORCEMENT AGENCY IN WRITING OF HIS OR HER CURRENT 17,265
MAILING ADDRESS, CURRENT RESIDENCE ADDRESS, CURRENT RESIDENCE 17,266
TELEPHONE NUMBER, CURRENT DRIVER'S LICENSE NUMBER, AND OF ANY 17,267
CHANGES IN THAT INFORMATION. EACH PARTY MUST NOTIFY THE AGENCY 17,268
OF ALL CHANGES UNTIL FURTHER NOTICE FROM THE AGENCY. IF YOU ARE 17,269
THE OBLIGOR UNDER THE SUPPORT ORDER AND YOU FAIL TO MAKE THE 17,270
REQUIRED NOTIFICATIONS, YOU MAY BE FINED UP TO $50 FOR A FIRST 17,271
OFFENSE, $100 FOR A SECOND OFFENSE, AND $500 FOR EACH SUBSEQUENT 17,272
OFFENSE.
IF YOU ARE AN OBLIGOR AND YOU FAIL TO MAKE THE REQUIRED 17,274
NOTIFICATIONS, YOU MAY NOT RECEIVE NOTICE OF THE FOLLOWING 17,275
ENFORCEMENT ACTIONS AGAINST YOU: IMPOSITION OF LIENS AGAINST 17,276
YOUR PROPERTY; LOSS OF YOUR PROFESSIONAL OR OCCUPATIONAL LICENSE, 17,278
DRIVER'S LICENSE, AND RECREATIONAL LICENSE; WITHHOLDING FROM YOUR 17,279
INCOME; ACCESS RESTRICTION AND DEDUCTION FROM YOUR ACCOUNTS IN
FINANCIAL INSTITUTIONS; AND ANY OTHER ACTION PERMITTED BY LAW TO 17,281
OBTAIN MONEY FROM YOU TO SATISFY YOUR SUPPORT OBLIGATION." 17,283
(4)(a) The parent who is the residential parent and legal 17,285
custodian of a child for whom an administrative support order is 17,286
issued or the person who otherwise has custody of a child for 17,287
whom an administrative support order is issued immediately shall 17,288
notify, and the obligor under an administrative support order may 17,289
notify, the child support enforcement agency of any reason for 17,290
which an administrative support order should terminate, 17,291
including, but not limited to, the child's attainment of the age 17,292
of majority if the child no longer attends an accredited high 17,293
school on a full-time basis; the child ceasing to attend such a 17,295
high school on a full-time basis after attaining the age of 17,296
majority; or the death, marriage, emancipation, enlistment in the 17,299
armed services, deportation, or change of legal or physical 17,300
387
custody of the child. Upon receipt of a notice pursuant to this 17,301
division, the agency immediately shall conduct an investigation 17,304
to determine if any reason exists for which the administrative 17,305
support order should terminate. The agency may conduct such an 17,306
investigation regardless of whether a parent or person with
custody sends a notice that the order should terminate. If the 17,307
agency determines the order should terminate, it immediately 17,308
shall terminate the administrative support order. 17,311
(b) Upon receipt of a notice given pursuant to division 17,314
(E)(4)(a) of this section, the agency shall direct the division 17,316
of child support to impound any funds received for the child 17,317
pursuant to the administrative support order and the agency shall 17,318
set the case for an administrative hearing for a determination of 17,320
whether the administrative support order should be terminated or 17,321
modified or whether the agency should take any other appropriate 17,322
action.
(c) If the child support enforcement agency terminates an 17,324
administrative support order pursuant to divisions (E)(4)(a) and 17,326
(b) of this section, the termination of the support order also 17,327
terminates any withholding or deduction order as described in 17,328
division (B) of this section issued prior to December 31, 1993, 17,329
and any withholding or deduction notice as described in division 17,330
(B) of this section issued on or after December 31, 1993. Upon 17,331
the termination of any withholding or deduction order or notice, 17,332
the agency immediately shall notify each payor or financial 17,334
institution required to withhold or deduct a sum of money for the 17,337
payment of support under the terminated withholding or deduction 17,338
order or notice that the order or notice has been terminated and 17,339
that it is required to cease all withholding or deduction under 17,340
the order or notice. 17,341
(d) The department DIRECTOR of human JOB AND FAMILY 17,344
services shall adopt rules that provide for both of the 17,345
following:
(i) The payment to the appropriate person of any funds 17,347
388
that the division of child support has impounded under division 17,350
(E)(4)(b) of this section, consistent with the agency's 17,351
determination pursuant to divisions (E)(4)(a) and (b) of this 17,353
section;
(ii) The return to the appropriate person of any other 17,355
payments made pursuant to an administrative support order, if the 17,356
payments were made at any time after the administrative support 17,357
order has been terminated pursuant to divisions (E)(4)(a) and (b) 17,359
of this section.
(5) If any party to an administrative support order 17,361
requests a modification of the administrative support order, the 17,362
agency shall proceed as provided in section 3111.27 of the 17,363
Revised Code. If the obligor is in default under the 17,364
administrative support order, the agency shall proceed as 17,366
provided in division (B) of section 3113.21 of the Revised Code. 17,367
If any person otherwise files an action to enforce an
administrative support order, the agency shall proceed as 17,369
provided in sections 3111.20 to 3111.28 of the Revised Code. 17,370
(F)(1)(a) Upon receipt of a notice that a lump-sum payment 17,372
of one hundred fifty dollars or more is to be paid to the 17,374
obligor, the agency shall do either of the following: 17,375
(i) If the obligor is in default under the administrative 17,377
support order or has any unpaid arrearages under the 17,378
administrative support order, issue an administrative order 17,379
requiring the transmittal of the lump-sum payment to the division 17,380
of child support; 17,381
(ii) If the obligor is not in default under the 17,383
administrative support order and does not have any unpaid 17,384
arrearages under the support order, issue an administrative order 17,385
directing the person who gave the notice to the agency to 17,386
immediately pay the full amount of the lump-sum payment to the 17,387
obligor. 17,388
(b) Upon receipt of notice that a lump-sum payment of less 17,391
than one hundred fifty dollars is to be paid to the obligor, the 17,392
389
agency may take the action described in division (F)(1)(a) of 17,393
this section. 17,394
(2) Upon receipt of any moneys pursuant to division 17,396
(F)(1)(a) of this section, the division of child support shall 17,398
pay the amount of the lump-sum payment that is necessary to 17,399
discharge all of the obligor's arrearages to the obligee and,
within two business days after its receipt of the money, any 17,400
amount that is remaining after the payment of the arrearages to 17,401
the obligor. 17,402
(G)(1) Any administrative support order, or modification 17,404
of an administrative support order, that is subject to this 17,405
section shall contain the date of birth and social security 17,406
number of the obligor. 17,407
(2) No withholding or deduction notice described in 17,409
division (B) of this section shall contain any information other 17,410
than the information specifically required by division (B) or 17,411
(G)(3) of this section or by any other section of the Revised 17,412
Code and any additional information that the issuing agency 17,413
determines may be necessary to comply with the notice. 17,414
(3) Each withholding or deduction notice described in 17,416
division (B) of this section shall include notice of all of the 17,417
following: 17,418
(a) That the child support enforcement agency may bring an 17,420
action under section 3111.28 of the Revised Code requesting the 17,421
court to find the payor or financial institution in contempt 17,423
pursuant to section 2705.02 of the Revised Code if the payor or 17,424
financial institution fails to comply with the withholding or 17,426
deduction notice;
(b) That, if the payor or financial institution fails to 17,428
comply with the withholding or deduction notice, that failure to 17,431
comply is contempt pursuant to section 2705.02 of the Revised 17,432
Code.
(H) No withholding or deduction notice described in 17,434
division (B) of this section and issued under this section or any 17,435
390
other section of the Revised Code shall be terminated solely 17,436
because the obligor pays any part or all of the arrearages under 17,437
the administrative support order. 17,438
(I)(1) Except as provided in division (I)(2) of this 17,440
section, if child support arrearages are owed by an obligor to 17,442
the obligee and to the department of human JOB AND FAMILY 17,443
services, any payments received on the arrearages by the division 17,445
of child support first shall be paid to the obligee until the 17,446
arrearages owed to the obligee are paid in full. 17,448
(2) Division (I)(1) of this section does not apply to the 17,450
collection of past-due child support from refunds of paid federal 17,451
taxes pursuant to section 5101.32 of the Revised Code or of 17,452
overdue child support from refunds of paid state income taxes 17,453
pursuant to sections 5101.321 and 5747.121 of the Revised Code. 17,454
Sec. 3111.231. If a child support enforcement agency 17,463
otherwise required by division (A) of section 3111.23 of the 17,465
Revised Code to issue a withholding or deduction notice under 17,468
division (B) of that section is unable to issue the notice 17,470
because none of the conditions specified in division (B) of that 17,471
section for issuing the notice apply to the obligor, the agency 17,472
shall issue an administrative order requiring the obligor, if 17,473
able to engage in employment, to seek employment or participate 17,474
in a work activity to which a recipient of assistance under Title 17,476
IV-A of the "Social Security Act," 49 Stat. 620 (1935), 42 17,481
U.S.C.A. 301, as amended, may be assigned as specified in section 17,483
407(d) of the "Social Security Act," 42 U.S.C.A. 607(d), as 17,489
amended. The agency shall include in the order a requirement 17,490
that the obligor notify the agency on obtaining employment or 17,491
income, or ownership of any asset with a value of five hundred 17,492
dollars or more. The agency may issue the order regardless of 17,493
whether the obligee to whom the obligor owes support is a 17,494
recipient of assistance under Title IV-A of the "Social Security 17,498
Act." 17,499
If an obligor is ordered to participate in a work activity, 17,502
391
the child support enforcement agency shall oversee the obligor's 17,503
participation in accordance with rules the department DIRECTOR of 17,505
human JOB AND FAMILY services shall adopt in accordance with
Chapter 119. of the Revised Code. The agency may contract with 17,509
one or more persons or government entities to carry out some or 17,510
all of its oversight duties.
If an obligor fails to comply with an administrative order, 17,513
the agency shall submit a request to a court for the court to 17,514
take action under division (D)(4) of section 3113.21 of the 17,516
Revised Code. 17,517
Sec. 3111.24. (A)(1) For purposes of this section, a 17,526
withholding or deduction order that was issued prior to December 17,527
31, 1993, under division (A)(1), (2), (3), (4), or (5) of section 17,528
3111.23 of the Revised Code as the division existed prior to that 17,529
date and that has not been terminated on or after December 31, 17,530
1993, shall be considered to be a withholding or deduction notice 17,531
issued under divisions (A) and (B)(1) or (2) of section 3111.23 17,533
of the Revised Code.
(2) A payor required to withhold a specified amount from 17,536
the income of an employee pursuant to a withholding notice issued 17,537
under section 3111.23 of the Revised Code for purposes of support 17,538
also may deduct from the income of the person, in addition to the 17,539
amount withheld for purposes of support, a fee of two dollars or 17,541
an amount not to exceed one per cent of the amount withheld for 17,542
purposes of support, whichever is greater, as a charge for its 17,543
services in complying with the withholding requirement included 17,544
in the withholding notice. A financial institution required to 17,546
deduct funds from an account pursuant to a deduction notice 17,547
issued under divisions (A) and (B)(2) of section 3111.23 of the 17,548
Revised Code for purposes of support may deduct from the account 17,549
of the person, in addition to the amount deducted for purposes of 17,550
support, a fee of five dollars or an amount not to exceed the 17,551
lowest rate that it charges, if any, for a debit transaction in a 17,552
similar account, whichever is less, as a charge for its service 17,553
392
in complying with the deduction requirement included in the 17,554
deduction notice.
The entire amount withheld or deducted pursuant to a 17,556
withholding or deduction notice issued under divisions (A) and 17,557
(B) of section 3111.23 of the Revised Code for purposes of 17,558
support shall be forwarded to the division of child support in 17,560
the department of human JOB AND FAMILY services immediately, but
no later than seven working days, after the withholding or 17,562
deduction, as directed in the withholding or deduction notice. 17,563
(B) If a payor or financial institution is required to 17,565
withhold or deduct a specified amount from the income or savings 17,566
of more than one obligor pursuant to a withholding or deduction 17,568
notice issued under divisions (A) and (B) of section 3111.23 of 17,569
the Revised Code and is required to forward the amounts withheld 17,570
or deducted to the division of child support, the payor or 17,571
financial institution may combine all of the amounts to be 17,573
forwarded in one payment, provided the payment is accompanied by 17,574
a list that clearly identifies each obligor who is covered by the 17,575
payment and the portion of the payment that is attributable to 17,576
that obligor.
(C) Upon receipt of any amount forwarded from a payor or 17,579
financial institution the division of child support shall 17,581
distribute the amount to the obligee within two business days of 17,582
its receipt of the amount forwarded. The department DIRECTOR of 17,583
human JOB AND FAMILY services may adopt, amend, and rescind rules 17,585
in accordance with Chapter 119. of the Revised Code to assist in 17,586
the implementation of this division. 17,587
(D) A payor or financial institution shall not be subject 17,589
to criminal or civil liability for compliance, in accordance with 17,590
this section, with a withholding or deduction notice issued 17,591
pursuant to division (B) of section 3111.23 of the Revised Code. 17,592
Sec. 3111.25. (A)(1) For purposes of this section, a 17,601
withholding or deduction order that was issued prior to December 17,602
31, 1993, under division (A)(1), (2), (4), or (5) of section 17,603
393
3111.23 of the Revised Code as the division existed prior to that 17,604
date and that has not been terminated on or after December 31, 17,605
1993, shall be considered to be a withholding or deduction notice 17,606
issued under divisions (A) and (B)(1) or (2) of section 3111.23 17,608
of the Revised Code.
(2) A payor that fails to withhold an amount from an 17,611
obligor's income for support in accordance with a withholding 17,614
requirement contained in a withholding notice issued under 17,615
divisions (A) and (B)(1) of section 3111.23 of the Revised Code 17,616
or a financial institution that fails to deduct funds from an
obligor's account for support in accordance with a deduction 17,617
requirement contained in a deduction notice issued under 17,618
divisions (A) and (B)(2) of section 3111.23 of the Revised Code 17,620
is liable for the amount that was not withheld or deducted, 17,621
provided that no payor that is an employer whose normal pay and 17,623
disbursement cycles make it impossible to comply with a
withholding requirement contained in a withholding notice issued 17,624
under divisions (A) and (B)(1) of section 3111.23 of the Revised 17,625
Code shall be liable for the amount not withheld if the employer, 17,626
as soon as possible after the employer's receipt of the 17,627
withholding notice, provides the agency that issued the 17,628
withholding notice with written notice of the impossibility and 17,629
the reasons for the impossibility. An employer who is liable 17,630
under this provision for an amount that was not withheld shall be 17,631
ordered by the agency to pay that amount to the division of child 17,632
support in the department of human JOB AND FAMILY services, to be 17,634
disbursed in accordance with the administrative support order for 17,636
the benefit of the child or spouse. 17,637
(B) No payor that is an employer may use a requirement to 17,639
withhold personal earnings contained in a withholding notice 17,641
issued under divisions (A) and (B)(1) of section 3111.23 of the 17,642
Revised Code as a basis for a discharge of, or for any 17,643
disciplinary action against, an employee, or as a basis for a 17,644
refusal to employ a person.
394
Sec. 3111.27. (A) No later than May 1, 1992, the 17,653
department DIRECTOR of human JOB AND FAMILY services shall adopt 17,655
rules in accordance with Chapter 119. of the Revised Code 17,656
establishing a procedure substantially similar to the procedure 17,657
adopted pursuant to section 3113.216 of the Revised Code for 17,658
determining when existing administrative support orders should be 17,659
reviewed to determine whether it is necessary or in the best 17,660
interest of the child who is the subject of the administrative 17,661
support order to modify: 17,662
(1) The support amount ordered under the administrative 17,664
support order and to calculate any modification to the support 17,666
amount in accordance with section 3113.215 of the Revised Code; 17,668
(2) The provisions for the child's health care needs in 17,670
the administrative support order and to make the modification in 17,671
accordance with section 3111.241 of the Revised Code. 17,672
(B)(1) If a child support enforcement agency, periodically 17,674
or upon the request of the obligee or obligor, plans to review an 17,675
administrative support order in accordance with the rules adopted 17,676
pursuant to division (A) of this section or otherwise is 17,677
requested to review an administrative support order, it shall do 17,678
all the following prior to formally beginning the review: 17,679
(a) Establish a date certain upon which the review shall 17,681
begin; 17,682
(b) At least sixty days before formally beginning the 17,684
review, send the obligor and obligee notice of the planned review 17,685
and of the date when the review will formally begin; 17,686
(c) Request the obligor to provide the agency, no later 17,688
than the scheduled date for formally beginning the review, with a 17,689
copy of the obligor's federal income tax return from the previous 17,690
year, a copy of all pay stubs obtained by the obligor within the 17,691
preceding six months, a copy of all records evidencing the 17,692
receipt of salary, wages, or compensation by the obligor within 17,693
the preceding six months, a list of the group health insurance 17,694
and health care policies, contracts, and plans available to the 17,695
395
obligor and their costs, the current group health insurance or 17,696
health care policy, contract, or plan under which the obligor is 17,697
enrolled and its cost, and any other information necessary to 17,698
properly review the administrative support order, and request the 17,699
obligee to provide the agency, no later than the scheduled date 17,700
for review to formally begin, with a copy of the obligee's 17,701
federal income tax returns from the previous year, a copy of all 17,702
pay stubs obtained by the obligee within the preceding six 17,703
months, a copy of all records evidencing the receipt of salary, 17,706
wages, or compensation by the obligee within the preceding six 17,707
months, a list of the group health insurance and health care 17,709
policies, contracts, and plans available to the obligee and their 17,710
costs, the current group health insurance or health care policy, 17,711
contract, or plan under which the obligor is enrolled and its 17,712
cost, and any other information necessary to properly review the 17,714
administrative support order;
(d) Include in the notice sent pursuant to division 17,716
(B)(1)(b) of this section, a notice that if either the obligor or 17,717
obligee fails to comply with the request for information, the 17,718
agency may bring an action under section 3111.28 of the Revised 17,719
Code requesting the court to find the obligor and the obligee in 17,721
contempt pursuant to section 2705.02 of the Revised Code.
(2) If either the obligor or obligee fails to comply with 17,723
the request made pursuant to division (B)(1)(c) of this section, 17,724
the agency may bring an action under section 3111.28 of the 17,725
Revised Code in the court of common pleas of the county in which 17,726
the agency is located requesting the court to issue an order 17,727
requiring an obligor and obligee to comply with the agency's 17,728
request for information pursuant to division (B)(1)(c) of this 17,729
section. If the obligor or obligee fails to comply with the 17,730
court order issued pursuant to section 3111.28 of the Revised 17,731
Code requiring compliance with the administrative request for 17,732
information, the obligor or obligee is in contempt of court. In 17,734
the action brought under section 3111.28 of the Revised Code, the
396
agency may request the court to issue an order to require the 17,736
obligor or obligee to provide the necessary information or to 17,737
permit the agency to take whatever action is necessary to obtain 17,738
information and make any reasonable assumptions necessary with 17,739
respect to the information the person in contempt did not provide 17,741
to ensure a fair and equitable review of the administrative child 17,743
support order. If the agency decides to conduct the review based 17,744
on the reasonable assumptions with respect to the information the 17,745
person in contempt did not provide, it shall proceed in 17,747
accordance with the rules adopted by the department DIRECTOR of 17,748
human JOB AND FAMILY services pursuant to division (A) of this 17,749
section.
(C)(1) If the agency determines that a modification is 17,751
necessary and in the best interest of the child who is the 17,752
subject of the administrative support order, the agency shall 17,753
calculate the amount the obligor shall pay in accordance with 17,754
section 3113.215 of the Revised Code. The agency may not deviate 17,755
from the guidelines set forth in section 3113.215 of the Revised 17,756
Code. 17,757
(2) If the agency cannot set the amount of support the 17,759
obligor shall pay without deviating from the guidelines set forth 17,760
in section 3113.215 of the Revised Code, the agency shall bring 17,761
an action under section 2151.231 of the Revised Code on behalf of 17,762
the person who requested the agency to review the existing 17,763
administrative order or if no one requested the review, on behalf 17,764
of the obligee, in the court of common pleas of the county in 17,765
which the agency is located requesting the court to issue a 17,766
support order in accordance with sections 3113.21 to 3113.219 of 17,767
the Revised Code. 17,768
(3) When it reviews an administrative support order 17,770
pursuant to this section, the agency shall consider whether the 17,771
provision for the child's health care needs in the administrative 17,773
support order is adequate. If the agency determines that the 17,774
administrative support order does not provide adequately for the 17,775
397
child's health care needs, the agency shall modify the order in 17,776
accordance with section 3111.241 of the Revised Code. 17,778
(D)(1) If the agency modifies an existing administrative 17,780
support order, the agency shall provide the obligee and obligor 17,781
with notice of the change and shall include in the notice a 17,782
statement that the obligor or obligee may object to the modified 17,783
administrative support order by initiating an action under 17,784
section 2151.231 of the Revised Code in the juvenile court of the 17,785
county in which the mother, the father, the child, or the 17,786
guardian or custodian of the child resides. 17,787
(2) If the agency modifies an existing administrative 17,790
support order, the modification shall relate back to the first 17,791
day of the month following the date certain on which the review
began under division (B)(1)(a) of this section. 17,794
Sec. 3111.99. (A) For purposes of this section, 17,803
"administrative support order" and "obligor" have the same 17,804
meaning as in section 3111.20 of the Revised Code. 17,805
(B) Whoever violates section 3111.29 of the Revised Code 17,807
is guilty of interfering with the establishment of paternity, a 17,808
misdemeanor of the first degree. 17,809
(C) An obligor who violates division (B)(1)(c) of section 17,812
3111.23 of the Revised Code shall be fined not more than fifty 17,813
dollars for a first offense, not more than one hundred dollars
for a second offense, and not more than five hundred dollars for 17,814
each subsequent offense. 17,815
(D) An obligor who violates division (E)(2) of section 17,817
3111.23 of the Revised Code shall be fined not more than fifty 17,818
dollars for a first offense, not more than one hundred dollars 17,820
for a second offense, and not more than five hundred dollars for 17,821
each subsequent offense.
(E) A fine imposed pursuant to division (C) or (D) of this 17,824
section shall be paid to the division of child support in the 17,825
department of human JOB AND FAMILY services or, pursuant to 17,827
division (H)(4) of section 2301.35 of the Revised Code, the child 17,828
398
support enforcement agency. The amount of the fine that does not 17,830
exceed the amount of arrearage the obligor owes under the
administrative support order shall be disbursed in accordance 17,831
with the support order. The amount of the fine that exceeds the 17,832
amount of the arrearage under the support order shall be called 17,833
program income and shall be collected in accordance with section 17,834
5101.325 of the Revised Code.
Sec. 3113.04. (A) Sentence may be suspended if a person, 17,843
after conviction under section 2919.21 of the Revised Code and 17,844
before sentence under that section, appears before the court of 17,845
common pleas in which the conviction took place and enters into 17,846
bond to the state in a sum fixed by the court at not less than 17,847
five hundred nor more than one thousand dollars, with sureties 17,848
approved by the court, conditioned that the person will furnish 17,849
the child or other dependent with necessary or proper home, care, 17,850
food, and clothing, or will pay promptly each week for such 17,851
purpose to the division of child support in the department of 17,853
human JOB AND FAMILY services, a sum to be fixed by the agency. 17,854
The child support enforcement agency shall comply with sections 17,855
3113.21 to 3113.219 of the Revised Code when it fixes the sum to 17,856
be paid to the division.
(B) Each order for child support made or modified under 17,858
this section shall include as part of the order a general 17,860
provision, as described in division (A)(1) of section 3113.21 of 17,861
the Revised Code, requiring the withholding or deduction of 17,862
income or assets of the obligor under the order as described in 17,864
division (D) of section 3113.21 of the Revised Code or another 17,865
type of appropriate requirement as described in division (D)(3), 17,866
(D)(4) or (H) of that section, to ensure that withholding or 17,868
deduction from the income or assets of the obligor is available 17,870
from the commencement of the support order for collection of the 17,871
support and of any arrearages that occur; a statement requiring 17,872
all parties to the order to notify the child support enforcement 17,873
agency in writing of their current mailing address, current 17,874
399
residence address, current resident telephone number, current 17,875
driver's license number, and any changes to that information, and 17,876
a notice that the requirement to notify the agency of all changes 17,878
to that information continues until further notice from the 17,880
court. If any person required to pay child support under an 17,881
order made under this section on or after April 15, 1985, or 17,882
modified on or after December 1, 1986, is found in contempt of 17,883
court for failure to make support payments under the order, the 17,884
court that makes the finding, in addition to any other penalty or 17,885
remedy imposed, shall assess all court costs arising out of the 17,886
contempt proceeding against the person and require the person to 17,887
pay any reasonable attorney's fees of any adverse party, as 17,888
determined by the court, that arose in relation to the act of 17,889
contempt.
(C) Notwithstanding section 3109.01 of the Revised Code, 17,891
if a court issues a child support order under this section, the 17,892
order shall remain in effect beyond the child's eighteenth 17,893
birthday as long as the child continuously attends on a full-time 17,894
basis any recognized and accredited high school or the order 17,896
provides that the duty of support of the child continues beyond 17,897
the child's eighteenth birthday. Except in cases in which the 17,899
order provides that the duty of support continues for any period 17,900
after the child reaches nineteen years of age, the order shall 17,901
not remain in effect after the child reaches age nineteen. Any 17,902
parent ordered to pay support under a child support order issued 17,904
under this section shall continue to pay support under the order, 17,905
including during seasonal vacation periods, until the order 17,906
terminates. 17,907
Sec. 3113.07. As used in this section, "executive 17,916
director" has the same meaning as in section 5153.01 of the 17,917
Revised Code. 17,918
Sentence may be suspended, if a person, after conviction 17,920
under section 3113.06 of the Revised Code and before sentence 17,921
thereunder, appears before the court of common pleas in which 17,922
400
such conviction took place and enters into bond to the state in a 17,923
sum fixed by the court at not less than five hundred dollars, 17,924
with sureties approved by such court, conditioned that such 17,925
person will pay, so long as the child remains a ward of the 17,926
public children services agency or a recipient of aid pursuant to 17,928
Chapter 5107. or 5115. of the Revised Code, to the executive 17,929
director thereof or to a trustee to be named by the court, for 17,930
the benefit of such agency or if the child is a recipient of aid 17,931
pursuant to Chapter 5107. or 5115. of the Revised Code, to the 17,933
county department of human JOB AND FAMILY services, the
reasonable cost of keeping such child. The amount of such costs 17,935
and the time of payment shall be fixed by the court. 17,936
The court, in accordance with section 3113.217 of the 17,938
Revised Code, shall include in each support order made under this 17,941
section the requirement that one or both of the parents provide 17,942
for the health care needs of the child to the satisfaction of the 17,943
court.
Sec. 3113.09. The trustee appointed by the court of common 17,952
pleas under sections 3113.04 and 3113.07 of the Revised Code, 17,953
shall make quarterly reports of the receipts and expenditures of 17,954
all moneys coming into his hands as provided in sections 3113.01 17,955
to 3113.14 of the Revised Code, such reports to be made to the 17,956
board of county commissioners of the county from which the person 17,957
described in section 3113.01 of the Revised Code was sentenced,
or to the department of human JOB AND FAMILY services. The court 17,958
may require such trustee to enter into a good and sufficient bond 17,959
for the faithful performance of the duties imposed on him. 17,960
Sec. 3113.16. (A) As used in this section: 17,969
(1) "Child support order" has the same meaning as in 17,971
section 2301.373 of the Revised Code. 17,972
(2) "Default," "obligor," and "obligee" have the same 17,974
meanings as in section 2301.34 of the Revised Code. 17,975
(3) "Prison," "prison term," and "jail" have the same 17,977
meanings as in section 2929.01 of the Revised Code. 17,978
401
(B) Notwithstanding any other section of the Revised Code, 17,981
including sections 5145.16 and 5147.30 of the Revised Code, 17,982
twenty-five per cent of any money earned pursuant to section
5145.16 or 5147.30 of the Revised Code by a prisoner in a prison 17,985
or jail who has a dependent child receiving assistance under 17,987
Chapter 5107. of the Revised Code, shall be paid to the state 17,988
department of human JOB AND FAMILY services.
(C) Notwithstanding any other section of the Revised Code, 17,991
including sections 5145.16 and 5147.30 of the Revised Code, and 17,992
except as provided in division (B) of this section, twenty-five 17,994
per cent of any money earned pursuant to section 5145.16 or
5147.30 of the Revised Code by a prisoner in a prison or jail who 17,996
is an obligor in default under a child support order according to 17,997
the records of the child support enforcement agency administering 17,998
the order, shall be paid to the agency for distribution to the 17,999
obligee under the order pursuant to sections 3111.23 to 3111.28 18,000
or sections 3113.21 to 3113.219 of the Revised Code. 18,001
Sec. 3113.21. (A)(1) In any action in which support is 18,010
ordered under Chapter 3115. or under section 2151.23, 2151.231, 18,011
2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 18,012
3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the 18,013
Revised Code, the court shall require the withholding or 18,014
deduction of income or assets of the obligor in accordance with 18,015
division (D) of this section or require the issuance of another 18,016
type of appropriate court order in accordance with division 18,017
(D)(3) or (4) or (H) of this section to ensure that withholding 18,019
or deduction from the income or assets of the obligor is 18,020
available from the commencement of the support order for the 18,022
collection of the support and any arrearages that occur. The 18,023
court shall determine the specific withholding or deduction 18,024
requirements or other appropriate requirements applicable to the 18,025
obligor under the support order in accordance with divisions (D) 18,026
and (H) of this section and section 2301.371 of the Revised Code 18,027
and shall include the specific requirements in the notices 18,028
402
described in divisions (A)(2) and (D) of this section or in the 18,029
court orders described in divisions (A)(2), (D)(3) or (4), and 18,030
(H) of this section. Any person required to comply with any 18,032
withholding or deduction requirement shall determine the manner 18,033
of withholding or deducting from the specific requirement 18,034
included in the notices described in those divisions without the 18,035
need for any amendment to the support order, and any person 18,036
required to comply with a court order described in division 18,037
(D)(3), (D)(4), or (H) of this section shall comply with the 18,039
court order without the need for any amendment to the support 18,040
order. The court shall include in any action in which support is 18,041
ordered as described in division (A)(1) of this section a general 18,042
provision that states the following:
"All child support and spousal support under this order 18,045
shall be withheld or deducted from the income or assets of the 18,047
obligor pursuant to a withholding or deduction notice or 18,048
appropriate court order issued in accordance with section 3113.21 18,049
of the Revised Code or a withdrawal directive issued pursuant to 18,050
section 3113.214 of the Revised Code and shall be forwarded to 18,051
the obligee in accordance with sections 3113.21 to 3113.213 of 18,052
the Revised Code." 18,053
(2) In any action in which support is ordered or modified 18,055
as described in division (A)(1) of this section, the court shall 18,056
determine in accordance with divisions (D) and (H) of this 18,057
section the types of withholding or deduction requirements or 18,058
other appropriate requirements that should be imposed relative to 18,059
the obligor under the support order to collect the support due 18,060
under the order. Within fifteen days after the obligor under the 18,061
support order is located subsequent to the issuance of the 18,062
support order or within fifteen days after the default under the 18,064
support order, whichever is applicable, the court or the child 18,065
support enforcement agency, as determined by agreement of the 18,066
court and the agency, shall send a notice by regular mail to each 18,067
person required to comply with a withholding or deduction 18,068
403
requirement. The notice shall specify the withholding or 18,069
deduction requirement and shall contain all of the information 18,070
set forth in division (D)(1)(b) or (2)(b) of this section that is 18,071
applicable to the requirement. If the appropriate requirement is 18,073
an order of the type described in division (D)(3), (D)(4), or (H) 18,074
of this section, the court shall issue and send a court order in 18,075
accordance with that division. The notices and court orders, and 18,076
the notices provided by the court or child support enforcement 18,077
agency that require the obligor to notify the agency of any 18,078
change in the obligor's employment status or of any other change
in the status of the obligor's assets, are final and are 18,079
enforceable by the court. When the court or agency issues a 18,080
notice, it shall provide the notice to the obligor in accordance 18,081
with division (D)(1)(c) or (D)(2)(c) of this section, whichever 18,083
is applicable, and shall include with the notice the additional 18,084
notices described in the particular division that is applicable. 18,085
(3)(a) If support is ordered or modified on or after 18,087
December 31, 1993, under Chapter 3115. or under section 2151.23, 18,088
2151.231, 2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 18,090
3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 18,091
of the Revised Code, if the court has determined in accordance 18,092
with division (A)(2) of this section the types of withholding or 18,093
deduction requirements or other appropriate requirements that 18,094
should be imposed relative to the obligor under the support order 18,095
to collect the support due under the order, if the court or a 18,096
child support enforcement agency has mailed the appropriate 18,097
notice to the person required to comply with the withholding or 18,098
deduction requirements that the court has determined should be 18,099
imposed or the court has issued and sent a court order described 18,100
in division (D)(3), (D)(4), or (H) of this section containing the 18,102
other appropriate requirements that the court determined should 18,103
be imposed, and if the child support enforcement agency is 18,104
notified or otherwise determines that the employment status or 18,105
other circumstances of the obligor have changed and that it is 18,106
404
more appropriate to impose another type of or an additional 18,107
withholding or deduction requirement or another type of or 18,108
additional court order containing another appropriate
requirement, the agency immediately shall comply with section 18,109
3113.212 of the Revised Code. The notices and court orders 18,110
issued under this division and section 3113.212 of the Revised 18,111
Code, and the notices provided by the court or child support 18,112
enforcement agency that require the obligor to notify the agency 18,113
of any change in the obligor's employment status or of any other 18,114
change in the status of the obligor's assets, are final and are 18,116
enforceable by the court.
(b) All orders for support issued prior to December 31, 18,119
1993, under Chapter 3115. or under section 2151.23, 2151.231, 18,120
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 18,122
3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised 18,123
Code that have not been modified or subject to division (B) of 18,125
this section regarding a default under the order on or after that 18,126
date shall be considered to contain the general provision 18,127
described in division (A)(1) of this section and shall be 18,128
enforced and modified in the same manner as an order for support 18,129
issued on or after December 31, 1993.
(4) The department of human JOB AND FAMILY services shall 18,131
adopt standard forms for the support withholding and deduction 18,133
notices that are prescribed by divisions (A)(1) to (3) and (B) of 18,134
this section. All courts and child support enforcement agencies 18,135
shall use the forms in issuing withholding and deduction notices 18,136
in compliance with this section. 18,137
(B)(1)(a) In any action in which support is ordered under 18,140
Chapter 3115. or under section 2151.23, 2151.231, 2151.232, 18,141
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 18,143
3111.13, 3111.20, 3111.211, 3111.22, 3113.04, 3113.07, 3113.216, 18,144
or 3113.31 of the Revised Code and in which there has been a 18,145
default under the order, the court shall comply with divisions 18,146
(B)(1) to (6) of this section. 18,147
405
If the support was ordered prior to December 31, 1993, or 18,149
pursuant to section 3111.20, 3111.211, or 3111.22 of the Revised 18,151
Code, the court that issued the order, or in the case of an order 18,153
pursuant to section 3111.20, 3111.211, or 3111.22 of the Revised 18,154
Code, the common pleas court of the county in which the child 18,155
support enforcement agency that issued the order is located, 18,156
shall reissue the support order under which there has been a 18,157
default and shall include in the reissued order a general 18,158
provision as described in this division requiring the withholding 18,159
or deduction of income or assets of the obligor in accordance 18,161
with division (D) of this section or requiring the issuance of a 18,162
court order containing another type of appropriate requirement in 18,163
accordance with division (D)(3), (D)(4), or (H) of this section 18,165
to ensure that withholding or deduction from the income or assets 18,167
is available for the collection of current support and any 18,169
arrearages that occur. If the support was ordered pursuant to
section 3111.20, 3111.211, or 3111.22 of the Revised Code and the 18,171
support order includes a general provision similar to the one 18,172
described in this division, the court shall replace the similar 18,173
general provision with the general provision described in this 18,174
division. Except for the inclusion or replacement of the general 18,175
provision, the provisions of the reissued order required under 18,176
this division shall be identical to those of the support order 18,177
under which there has been a default. 18,178
When support has been ordered under any chapter or section 18,181
described in this division, the child support enforcement agency 18,182
shall initiate support withholding when the order is in default. 18,183
Immediately after the identification of a default under the 18,184
support order, the child support enforcement agency shall conduct 18,186
the investigation described in division (B)(1)(b) of this 18,187
section. Additionally, within fifteen calendar days after the 18,188
identification of a default under the support order, the child 18,189
support enforcement agency shall investigate the default and, if 18,190
it is before July 1, 1999, send advance notice to the obligor. 18,191
406
On and after that date, the division of child support in the 18,193
department of human services shall send the advance notice to the 18,194
obligor. The advance notice shall include a notice describing 18,195
the actions that may be taken against the obligor pursuant to 18,196
sections 2301.353, 2301.373, 2301.374, 2301.375, 2301.42 to 18,197
2301.45, and 3113.214 of the Revised Code if the court or agency 18,198
makes a final and enforceable determination that the obligor is 18,199
in default pursuant to this division. If the location of the 18,201
obligor is unknown at the time of the identification of a default 18,202
under the support order, the division shall send the advance 18,203
notice to the obligor within fifteen days after the agency 18,204
locates the obligor. The general provision for the withholding 18,205
or deduction of income or assets to be included in the reissued 18,207
support order specifically shall include the following statement: 18,208
"All child support and spousal support under this order 18,211
shall be withheld or deducted from the income or assets of the 18,213
obligor pursuant to a withholding or deduction notice or 18,214
appropriate court order issued in accordance with section 3113.21 18,215
of the Revised Code or a withdrawal directive issued pursuant to
section 3113.214 of the Revised Code and shall be forwarded to 18,216
the obligee in accordance with sections 3113.21 to 3113.213 of 18,217
the Revised Code." 18,218
(b) After the identification of a default under a support 18,220
order as described in division (B)(1)(a) of this section, the 18,221
child support enforcement agency immediately shall conduct an 18,222
investigation to determine the employment status of the obligor, 18,223
the obligor's social security number, the name and business 18,224
address of the obligor's employer, whether the obligor is in 18,225
default under a support order, the amount of any arrearages, and 18,226
any other information necessary to enable the court or agency to 18,227
impose any withholding or deduction requirements and issue the 18,228
related notices described in division (D) of this section or to 18,229
issue any court orders described in division (D)(3) or (4) of 18,231
this section. The agency also shall conduct an investigation 18,232
407
under this division when required by division (C)(1)(a) or (b) of 18,233
this section, shall complete the investigation within twenty days 18,234
after the obligor or obligee files the motion with the court 18,235
under division (C)(1)(a) of this section or the court orders the 18,236
investigation under division (C)(1)(b) of this section. 18,237
(2) An advance notice to an obligor required by division 18,239
(B)(1) of this section shall contain all of the following: 18,240
(a) A statement of the date on which the advance notice is 18,242
sent, the amount of arrearages owed by the obligor as determined 18,243
by the court or the child support enforcement agency, the types 18,244
of withholding or deduction requirements and related notices 18,245
described in division (D) of this section or the types of court 18,246
orders described in division (D)(3), (D)(4), or (H) of this 18,248
section that will be issued to pay support and any arrearages, 18,249
and the amount that will be withheld or deducted pursuant to 18,250
those requirements; 18,251
(b) A statement that any notice for the withholding or 18,253
deduction of an amount from income or assets apply to all current 18,255
and subsequent payors of the obligor and financial institutions 18,257
in which the obligor has an account and that any withholding or 18,258
deduction requirement and related notice described in division 18,259
(D) of this section or any court order described in division 18,260
(D)(3), (D)(4), or (H) of this section that is issued will not be 18,262
discontinued solely because the obligor pays any arrearages; 18,263
(c) An explanation of the administrative and court action 18,265
that will take place if the obligor contests the inclusion of any 18,266
of the provisions; 18,267
(d) A statement that the contents of the advance notice 18,269
are final and are enforceable by the court unless the obligor 18,270
files with the child support enforcement agency, within seven 18,271
days after the date on which the advance notice is sent, a 18,272
written request for an administrative hearing to determine if a 18,273
mistake of fact was made in the notice. 18,274
(3) If the obligor requests a hearing regarding the 18,276
408
advance notice in accordance with division (B)(2)(d) of this 18,277
section, the child support enforcement agency shall conduct an 18,278
administrative hearing no later than ten days after the date on 18,279
which the obligor files the request for the hearing. No later 18,280
than five days before the date on which the hearing is to be 18,281
conducted, the agency shall send the obligor and the obligee 18,282
written notice of the date, time, place, and purpose of the 18,283
hearing. The notice to the obligor and obligee also shall 18,284
indicate that the obligor may present testimony and evidence at 18,285
the hearing only in regard to the issue of whether a mistake of 18,286
fact was made in the advance notice. 18,287
At the hearing, the child support enforcement agency shall 18,289
determine whether a mistake of fact was made in the advance 18,290
notice. If it determines that a mistake of fact was made, the 18,291
agency shall determine the provisions that should be changed and 18,292
included in a corrected notice and shall correct the advance 18,293
notice accordingly. The agency shall send its determinations to 18,294
the obligor. The agency's determinations are final and are 18,295
enforceable by the court unless, within seven days after the 18,296
agency makes its determinations, the obligor files a written 18,297
motion with the court for a court hearing to determine if a 18,298
mistake of fact still exists in the advance notice or corrected 18,299
advance notice. 18,300
(4) If, within seven days after the agency makes its 18,302
determinations under division (B)(3) of this section, the obligor 18,303
files a written motion for a court hearing to determine if a 18,304
mistake of fact still exists in the advance notice or the 18,305
corrected advance notice, the court shall hold a hearing on the 18,306
request as soon as possible, but no later than ten days, after 18,307
the request is filed. If the obligor requests a court hearing, 18,308
no later than five days before the date on which the court 18,309
hearing is to be held, the court shall send the obligor and the 18,310
obligee written notice by ordinary mail of the date, time, place, 18,311
and purpose of the court hearing. The hearing shall be limited 18,312
409
to a determination of whether there is a mistake of fact in the 18,313
advance notice or the corrected advance notice. 18,314
If, at a hearing conducted under this division, the court 18,316
detects a mistake of fact in the advance notice or the corrected 18,317
advance notice, it immediately shall correct the notice. 18,318
(5) Upon exhaustion of all rights of the obligor to 18,320
contest the withholding or deduction on the basis of a mistake of 18,321
fact and no later than the expiration of forty-five days after 18,322
the issuance of the advance notice under division (B)(1) of this 18,323
section, the court or child support enforcement agency shall 18,324
issue one or more notices requiring withholding or deduction of 18,325
income or assets of the obligor in accordance with divisions 18,327
(A)(2) and (D) of this section, or the court shall issue one or 18,328
more court orders imposing other appropriate requirements in 18,329
accordance with division (A)(2) and division (D)(3), (D)(4), or 18,331
(H) of this section. Thereafter, section 3113.212 of the Revised 18,332
Code applies in relation to the issuance of the notices and court 18,333
orders. The notices and court orders issued under this division 18,334
or section 3113.212 of the Revised Code are final and are 18,335
enforceable by the court. The court or agency shall send to the 18,336
obligor by ordinary mail a copy of the withholding or deduction 18,337
notice, in accordance with division (D) of this section. The 18,338
failure of the court or agency to give the notice required by 18,339
this division does not affect the ability of any court to issue 18,340
any notice or order under this section or any other section of 18,341
the Revised Code for the payment of support, does not provide any 18,342
defense to any notice or order for the payment of support that is 18,343
issued under this section or any other section of the Revised 18,344
Code, and does not affect any obligation to pay support. 18,345
(6) The department of human JOB AND FAMILY services shall 18,347
adopt standard forms for the advance notice prescribed by 18,349
divisions (B)(1) to (5) of this section. All courts and child 18,350
support enforcement agencies shall use those forms, and the 18,351
support withholding and deduction notice forms adopted under 18,352
410
division (A)(4) of this section, in complying with this section. 18,353
(C)(1) In any action in which support is ordered under 18,355
Chapter 3115. or under section 2151.23, 2151.231, 2151.232, 18,356
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 18,358
3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised 18,360
Code, all of the following apply:
(a) The obligor or obligee under the order may file a 18,362
motion with the court that issued the order requesting the 18,363
issuance of one or more withholding or deduction notices as 18,364
described in division (D) of this section to pay the support due 18,365
under the order. The motion may be filed at any time after the 18,366
support order is issued. Upon the filing of a motion pursuant to 18,367
this division, the child support enforcement agency immediately 18,368
shall conduct, and shall complete within twenty days after the 18,369
motion is filed, an investigation in accordance with division 18,370
(B)(1)(b) of this section. Upon the completion of the 18,371
investigation and the filing of the agency's report under 18,372
division (B)(1)(b) of this section, the court shall issue one or 18,373
more appropriate orders described in division (D) of this 18,374
section. 18,375
(b) If any proceedings involving the support order are 18,377
commenced in the court and if the court has not issued any orders 18,378
under division (D) of this section as it existed prior to 18,380
December 31, 1993, with respect to the support order, if the 18,381
court determines that any orders issued under division (D) of 18,382
this section as it existed prior to December 31, 1993, no longer 18,384
are appropriate, if the court on or after December 31, 1993, has 18,386
not modified or reissued the support order under division (A) or 18,388
(B) of this section and issued any notices under division (D) or 18,389
court orders under division (D)(3) or (4) of this section, or if 18,391
the court on or after December 31, 1993, has modified or reissued 18,393
the support order under division (A) or (B) of this section and 18,394
issued one or more notices under division (D) or one or more 18,395
court orders under division (D)(3) or (4) of this section but 18,397
411
determines that the notices or court orders no longer are 18,398
appropriate, the court, prior to or during any hearings held with 18,399
respect to the proceedings and prior to the conclusion of the 18,400
proceedings, shall order the child support enforcement agency to 18,401
conduct an investigation pursuant to division (B)(1)(b) of this 18,402
section. Upon the filing of the findings of the agency following 18,403
the investigation, the court, as necessary, shall issue one or 18,404
more notices described in division (D) or one or more court 18,405
orders described in division (D)(3) or (4) of this section or 18,407
modify any notices previously issued under division (D) or any 18,408
court orders previously issued under division (D)(3) or (4) of 18,410
this section.
(c)(i) If a child support enforcement agency, in 18,412
accordance with section 3113.216 of the Revised Code, requests 18,413
the court to issue a revised child support order in accordance 18,414
with a revised amount of child support calculated by the agency, 18,415
the court shall proceed as described in this division. If 18,416
neither the obligor nor the obligee requests a court hearing on 18,417
the revised amount of child support, the court shall issue a 18,418
revised child support order requiring the obligor to pay the 18,419
revised amount of child support calculated by the agency. 18,420
However, if the obligor or the obligee requests a court hearing 18,421
on the revised amount of child support calculated by the agency, 18,422
the court, in accordance with division (C)(1)(c)(ii) of this 18,423
section, shall schedule and conduct a hearing to determine if the 18,424
revised amount of child support is the appropriate amount and if 18,425
the amount of child support being paid under the child support 18,426
order otherwise should be revised. 18,427
(ii) If the court is required to schedule and conduct a 18,429
hearing pursuant to division (C)(1)(c)(i) of this section, the 18,430
court shall give the obligor, obligee, and agency at least thirty 18,431
days' notice of the date, time, and location of the hearing; 18,432
order the obligor to provide the court with a copy of the 18,433
obligor's federal income tax return from the previous year, a 18,434
412
copy of all pay stubs obtained by the obligor within the 18,435
preceding six months, a copy of all other records evidencing the 18,437
receipt of any other salary, wages, or compensation by the
obligor within the preceding six months, a list of the group 18,438
health insurance and health care policies, contracts, and plans 18,439
available to the obligor and their costs, and the current health 18,440
insurance or health care policy, contract, or plan under which 18,441
the obligor is enrolled and its cost, if the obligor failed to 18,442
provide any of those documents to the agency, and order the 18,443
obligee to provide the court with a copy of the obligee's federal 18,444
income tax return from the previous year, a copy of all pay stubs 18,445
obtained by the obligee within the preceding six months, a copy 18,447
of all other records evidencing the receipt of any other salary, 18,448
wages, or compensation by the obligee within the preceding six 18,449
months, a list of the group health insurance and health care
policies, contracts, and plans available to the obligee and their 18,450
costs, and the current health insurance or health care policy, 18,451
contract, or plan under which the obligee is enrolled and its 18,452
cost, if the obligee failed to provide any of those documents to 18,454
the agency; give the obligor and the obligee notice that any 18,455
willful failure to comply with that court order is contempt of 18,456
court and, upon a finding by the court that the party is in 18,457
contempt of court, the court and the agency will take any action 18,458
necessary to obtain the information or make any reasonable 18,459
assumptions necessary with respect to the information the person 18,461
in contempt of court did not provide to ensure a fair and
equitable review of the child support order; issue a revised 18,463
child support order requiring the obligor to pay the revised 18,464
amount of child support calculated by the agency, if the court 18,465
determines at the hearing that the revised amount of child 18,466
support calculated by the agency is the appropriate amount; and 18,467
determine the appropriate amount of child support and, if 18,468
necessary, issue a revised child support order requiring the 18,469
obligor to pay the amount of child support determined by the 18,470
413
court, if the court determines that the revised amount of child 18,471
support calculated by the agency is not the appropriate amount. 18,472
(iii) In determining, at a hearing conducted under 18,474
divisions (C)(1)(c)(i) and (ii) of this section, the appropriate 18,475
amount of child support to be paid by the obligor, the court 18,476
shall consider, in addition to all other factors required by law 18,477
to be considered, the appropriate person, whether it is the 18,478
obligor, obligee, or both, to be required in accordance with 18,479
section 3113.217 of the Revised Code to provide health insurance 18,481
coverage for the children specified in the order, and the cost of 18,482
health insurance which the obligor, the obligee, or both have 18,483
been ordered in accordance with section 3113.217 of the Revised 18,484
Code to obtain for the children specified in the order. 18,485
(d)(i) An obligee under a child support order may file a 18,488
motion with the court that issued the order requesting the court 18,489
to modify the order to require the obligor to obtain health 18,490
insurance coverage for the children who are the subject of the 18,491
order, and an obligor under a child support order may file a 18,492
motion with the court that issued the order requesting the court 18,493
to modify the order to require the obligee to obtain health 18,494
insurance coverage for those children. Upon the filing of such a 18,495
motion, the court shall order the child support enforcement 18,496
agency to conduct an investigation to determine whether the 18,497
obligor or obligee has satisfactory health insurance coverage for 18,498
the children. Upon completion of its investigation, the agency 18,499
shall inform the court, in writing, of its determination. If the 18,500
court determines that neither the obligor nor the obligee has 18,501
satisfactory health insurance coverage for the children, it shall 18,502
modify the child support order in accordance with section 18,504
3113.217 of the Revised Code.
(ii) An obligor or obligee under a child support order may 18,507
file a motion with the court that issued the order requesting the 18,508
court to modify the amount of child support required to be paid 18,509
under the order because that amount does not adequately cover the 18,510
414
medical needs of the child. Upon the filing of such a motion, 18,511
the court shall determine whether the amount of child support 18,512
required to be paid under the order adequately covers the medical 18,513
needs of the child and whether to modify the order, in accordance 18,514
with division (B)(4) of section 3113.215 of the Revised Code. 18,515
(e) Whenever a court modifies, reviews, or otherwise 18,517
reconsiders a child support order, it may reconsider which parent 18,518
may claim the children who are the subject of the child support 18,519
order as dependents for federal income tax purposes as set forth 18,520
in section 151 of the "Internal Revenue Code of 1986," 100 Stat. 18,521
2085, 26 U.S.C. 1, as amended, and shall issue its determination 18,522
on this issue as part of the child support order. The court in 18,523
its order may permit the parent who is not the residential parent 18,524
and legal custodian to claim the children as dependents for 18,525
federal income tax purposes only if the payments for child 18,526
support are current in full as ordered by the court for the year 18,527
in which the children will be claimed as dependents. If the 18,528
court determines that the parent who is not the residential 18,529
parent and legal custodian may claim the children as dependents 18,530
for federal income tax purposes, it shall order the residential 18,531
parent to take whatever action is necessary pursuant to section 18,532
152 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 18,533
U.S.C. 1, as amended, to enable the parent who is not the 18,534
residential parent and legal custodian to claim the children as 18,535
dependents for federal income tax purposes in accordance with the 18,536
order of the court. Any willful failure of the residential 18,537
parent to comply with the order of the court is contempt of 18,538
court. 18,539
(f) When issuing or modifying a child support order, the 18,542
court shall include in the order all of the requirements, 18,543
specifications, and statements described in division (B) of 18,544
section 3113.218 of the Revised Code. If the obligor or obligee 18,545
does not request a court hearing on the revised amount of child 18,546
support determined by the agency and filed with the court 18,547
415
pursuant to section 3113.216 of the Revised Code and the court 18,549
modifies the order to include the revised amount pursuant to 18,550
division (C)(1)(c)(i) of this section, the modification shall 18,552
relate back to the first day of the month following the date 18,553
certain on which the review of the child support order began
pursuant to division (C)(1)(a) of section 3113.216 of the Revised 18,554
Code. If the obligor or obligee requests a court hearing on the 18,555
revised amount of child support pursuant to this section and 18,556
section 3113.216 of the Revised Code and the court, after 18,558
conducting a hearing, modifies the child support amount under the 18,559
order, the modification shall relate back to the first day of the 18,561
month following the date certain on which the review of the child 18,562
support order began pursuant to division (C)(1)(a) of section 18,563
3113.216 of the Revised Code. 18,564
(2) In any action in which a support order is issued under 18,566
Chapter 3115. or under section 2151.23, 2151.231, 2151.232, 18,568
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 18,569
3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised 18,570
Code, the court issuing the order also shall conduct a hearing, 18,571
prior to or at the time of the issuance of the support order, to 18,572
determine the employment status of the obligor, the obligor's 18,573
social security number, the name and business address of the 18,574
obligor's employer, and any other information necessary to enable 18,575
the court or a child support enforcement agency to issue any 18,576
withholding or deduction notice described in division (D) of this 18,577
section or for the court to issue a court order described in 18,578
division (D)(3) or (4) of this section. The court, prior to the 18,580
hearing, shall give the obligor notice of the hearing that shall 18,582
include the date on which the notice is given and notice that the 18,583
obligor is subject to a requirement for the withholding of a 18,584
specified amount from income if employed and to one or more other 18,585
types of withholding or deduction requirements described in 18,586
division (D) or one or more types of court orders described in 18,587
division (D)(3) or (4) of this section and that the obligor may 18,589
416
present evidence and testimony at the hearing to prove that any 18,590
of the requirements would not be proper because of a mistake of 18,591
fact. 18,592
The court or child support enforcement agency, immediately 18,594
upon the court's completion of the hearing, shall issue one or 18,595
more of the types of notices described in division (D) of this 18,596
section imposing a withholding or deduction requirement, or the 18,597
court shall issue one or more types of court orders described in 18,598
division (D)(3) or (4) of this section. 18,599
(D) If a court or child support enforcement agency is 18,601
required under division (A), (B), or (C) of this section or any 18,602
other section of the Revised Code to issue one or more 18,603
withholding or deduction notices described in this division or 18,604
court orders described in division (D)(3) or (4) of this section, 18,606
the court shall issue one or more of the following types of 18,607
notices or court orders, or the agency shall issue one or more of 18,608
the following types of notices to pay the support required under 18,609
the support order in question and also, if required by any of 18,610
those divisions, any other section of the Revised Code, or the 18,611
court, to pay any arrearages: 18,612
(1)(a) If the court or the child support enforcement 18,614
agency determines that the obligor is receiving income from a 18,616
payor, the court or agency shall require the obligor's payor to 18,617
withhold from the obligor's income a specified amount for support 18,620
in satisfaction of the support order, to begin the withholding no 18,621
later than fourteen working days following the date the notice 18,623
was mailed to the employer under divisions (A)(2) or (B) and 18,624
(D)(1)(b) of this section or, if the payor is an employer, no 18,626
later than the first pay period that occurs after fourteen 18,627
working days following the date the notice was mailed, to send 18,628
the amount withheld to the division of child support in the 18,630
department of human JOB AND FAMILY services pursuant to section 18,632
5101.325 of the Revised Code, to send that amount to the division 18,634
immediately but not later than seven days after the date the 18,635
417
obligor is paid, and to continue the withholding at intervals 18,636
specified in the notice until further notice from the court or 18,637
child support enforcement agency. To the extent possible, the 18,638
amount specified in the notice to be withheld shall satisfy the 18,640
amount ordered for support in the support order plus any 18,641
arrearages that may be owed by the obligor under any prior 18,642
support order that pertained to the same child or spouse, 18,643
notwithstanding any applicable limitations of sections 2329.66, 18,645
2329.70, 2716.02, 2716.041, and 2716.05 of the Revised Code. 18,647
However, in no case shall the sum of the amount specified in the 18,648
notice to be withheld and any fee withheld by the payor as a 18,650
charge for its services exceed the maximum amount permitted under 18,651
section 303(b) of the "Consumer Credit Protection Act," 15 U.S.C. 18,652
1673(b).
(b) If the court or agency imposes a withholding 18,654
requirement under division (D)(1)(a) of this section, it, within 18,655
the applicable period of time specified in division (A), (B), or 18,656
(C) of this section, shall send to the obligor's payor by regular 18,659
mail a notice that contains all of the information set forth in 18,660
divisions (D)(1)(b)(i) to (xi) of this section. The notice is 18,661
final and is enforceable by the court. The notice shall contain 18,662
all of the following:
(i) The amount to be withheld from the obligor's income 18,664
and a statement that the amount actually withheld for support and 18,666
other purposes, including the fee described in division 18,667
(D)(1)(b)(xi) of this section, shall not be in excess of the 18,668
maximum amounts permitted under section 303(b) of the "Consumer 18,669
Credit Protection Act," 15 U.S.C. 1673(b); 18,670
(ii) A statement that the payor is required to send the 18,673
amount withheld to the division of child support immediately, but 18,675
not later than seven working days, after the obligor is paid and 18,677
is required to report to the agency the date on which the amount 18,678
was withheld from the obligor's income; 18,679
(iii) A statement that the withholding is binding upon the 18,681
418
payor until further notice from the agency; 18,682
(iv) A statement that if the payor is an employer, the 18,685
payor is subject to a fine to be determined under the law of this 18,686
state for discharging the obligor from employment, refusing to 18,687
employ the obligor, or taking any disciplinary action against the 18,688
obligor because of the withholding requirement; 18,689
(v) A statement that, if the payor fails to withhold 18,691
income in accordance with the provisions of the notice, the payor 18,693
is liable for the accumulated amount the payor should have 18,695
withheld from the obligor's income;
(vi) A statement that the withholding in accordance with 18,697
the notice and under the provisions of this section has priority 18,698
over any other legal process under the law of this state against 18,699
the same income; 18,700
(vii) The date on which the notice was mailed and a 18,702
statement that the payor is required to implement the withholding 18,704
no later than fourteen working days following the date the notice 18,705
was mailed or, if the payor is an employer, no later than the 18,706
first pay period that occurs after fourteen working days 18,707
following the date the notice was mailed and is required to 18,708
continue the withholding at the intervals specified in the 18,709
notice;
(viii) A requirement that the payor promptly notify the 18,711
child support enforcement agency, in writing, within ten working 18,712
days after the date of any situation that occurs including 18,714
termination of employment, layoff of the obligor from employment, 18,715
any leave of absence of the obligor from employment without pay, 18,716
termination of workers' compensation benefits, or termination of 18,717
any pension, annuity, allowance, or retirement benefit, in which 18,719
the payor ceases to pay income in an amount sufficient to comply 18,722
with the order to the obligor, provide the agency with the 18,723
obligor's last known address, notify the agency of any new
employer or income source, if known, and provide the agency with 18,725
any new employer's or income source's name, address, and 18,726
419
telephone number, if known; 18,727
(ix) A requirement that, if the payor is an employer, 18,730
identify in the notification given under division (D)(1)(b)(viii) 18,731
of this section any types of benefits other than personal 18,732
earnings that the obligor is receiving or is eligible to receive 18,733
as a benefit of employment or as a result of the obligor's 18,734
termination of employment, including, but not limited to, 18,735
unemployment compensation, workers' compensation benefits, 18,736
severance pay, sick leave, lump-sum payments of retirement 18,737
benefits or contributions, and bonuses or profit-sharing payments 18,738
or distributions, and the amount of such benefits, and include in 18,739
the notification the obligor's last known address and telephone 18,740
number, date of birth, social security number, and court case 18,741
number and, if known, the name and business address of any new 18,742
employer of the obligor;
(x) A requirement that, no later than the earlier of 18,744
forty-five days before the lump-sum payment is to be made or, if 18,745
the obligor's right to the lump-sum payment is determined less 18,746
than forty-five days before it is to be made, the date on which 18,747
that determination is made, the payor notify the child support 18,749
enforcement agency of any lump-sum payments of any kind of one 18,751
hundred fifty dollars or more that are to be paid to the obligor, 18,752
hold the lump-sum payments of one hundred fifty dollars or more 18,754
for thirty days after the date on which the lump-sum payments 18,755
otherwise would have been paid to the obligor and, upon order of 18,757
the court, pay any specified amount of the lump-sum payment to 18,758
the division of child support;
(xi) A statement that, in addition to the amount withheld 18,760
for support, the payor may withhold a fee from the obligor's 18,762
income as a charge for its services in complying with the notice 18,765
and a specification of the amount that may be withheld.
(c) The court or agency shall send the notice described in 18,767
division (D)(1)(b) of this section to the obligor and shall 18,768
attach to the notice an additional notice requiring the obligor 18,769
420
immediately to notify the child support enforcement agency, in 18,770
writing, of any change in the obligor's income source and of the 18,771
availability of any other sources of income that can be the 18,773
subject of any withholding or deduction requirement described in 18,774
division (D) of this section. The court or agency shall serve 18,775
the notices upon the obligor at the same time as service of the 18,776
support order or, if the support order previously has been 18,777
issued, shall send the notices to the obligor by regular mail at 18,778
the last known address at the same time that it sends the notice 18,779
described in division (D)(1)(b) of this section to the payor. 18,780
The notification required of the obligor shall include a 18,781
description of the nature of any new employment or income source, 18,782
the name, business address, and telephone number of any new 18,783
employer or income source, and any other information reasonably 18,785
required by the court. No obligor shall fail to give the 18,786
notification required by division (D)(1)(c) of this section. 18,787
(2)(a) If the court or child support enforcement agency 18,789
determines that the obligor has funds on deposit in any account 18,790
in a financial institution under the jurisdiction of the court, 18,791
the court or agency may require any financial institution in 18,792
which the obligor's funds are on deposit to deduct from the 18,793
obligor's account a specified amount for support in satisfaction 18,794
of the support order, to begin the deduction no later than 18,795
fourteen working days following the date the notice was mailed to 18,796
the financial institution under divisions (A)(2) or (B) and 18,797
(D)(2)(b) of this section, to send the amount deducted to the 18,799
division of child support in the department of human JOB AND 18,800
FAMILY services pursuant to section 5101.325 of the Revised Code, 18,802
to send that amount to the division immediately but not later 18,804
than seven working days after the date the latest deduction was 18,806
made, to provide the date on which the amount was deducted, and 18,807
to continue the deduction at intervals specified in the notice 18,808
until further notice from the court or child support enforcement 18,809
agency. To the extent possible, the amount specified in the 18,811
421
notice to be deducted shall satisfy the amount ordered for 18,812
support in the support order plus any arrearages that may be owed 18,813
by the obligor under any prior support order that pertained to 18,814
the same child or spouse, notwithstanding the limitations of 18,815
sections 2329.66, 2329.70, and 2716.13 of the Revised Code. 18,816
(b) If the court or agency imposes a withholding 18,818
requirement under division (D)(2)(a) of this section, it, within 18,820
the applicable period of time specified in division (A), (B), or 18,821
(C) of this section, shall send to the financial institution by 18,822
regular mail a notice that contains all of the information set 18,823
forth in divisions (D)(2)(b)(i) to (viii) of this section. The 18,825
notice is final and is enforceable by the court. The notice 18,826
shall contain all of the following: 18,827
(i) The amount to be deducted from the obligor's account; 18,829
(ii) A statement that the financial institution is 18,831
required to send the amount deducted to the division of child 18,832
support immediately, but not later than seven working days, after 18,835
the date the last deduction was made and is required to report to 18,836
the child support enforcement agency the date on which the amount 18,837
was deducted from the obligor's account; 18,838
(iii) A statement that the deduction is binding upon the 18,840
financial institution until further notice from the court or 18,841
agency; 18,842
(iv) A statement that the withholding in accordance with 18,844
the notice and under the provisions of this section has priority 18,845
over any other legal process under the law of this state against 18,846
the same account; 18,847
(v) The date on which the notice was mailed and a 18,849
statement that the financial institution is required to implement 18,850
the deduction no later than fourteen working days following the 18,851
date the notice was mailed and is required to continue the 18,852
deduction at the intervals specified in the notice; 18,853
(vi) A requirement that the financial institution promptly 18,855
notify the child support enforcement agency, in writing, within 18,856
422
ten days after the date of any termination of the account from 18,857
which the deduction is being made and notify the agency, in 18,858
writing, of the opening of a new account at that financial 18,859
institution, the account number of the new account, the name of 18,860
any other known financial institutions in which the obligor has 18,861
any accounts, and the numbers of those accounts; 18,862
(vii) A requirement that the financial institution include 18,864
in all notices the obligor's last known mailing address, last 18,865
known residence address, and social security number; 18,866
(viii) A statement that, in addition to the amount 18,868
deducted for support, the financial institution may deduct a fee 18,869
from the obligor's account as a charge for its services in 18,870
complying with the notice and a specification of the amount that 18,871
may be deducted. 18,872
(c) The court or agency shall send the notice described in 18,874
division (D)(2)(b) of this section to the obligor and shall 18,875
attach to the notice an additional notice requiring the obligor 18,876
immediately to notify the child support enforcement agency, in 18,877
writing, of any change in the status of the account from which 18,878
the amount of support is being deducted or the opening of a new 18,879
account with any financial institution, of commencement of 18,880
employment, including self-employment, or of the availability of 18,881
any other sources of income that can be the subject of any 18,882
withholding or deduction requirement described in division (D) of 18,883
this section. The court or agency shall serve the notices upon 18,884
the obligor at the same time as service of the support order or, 18,885
if the support order previously has been issued, shall send the 18,886
notices to the obligor by regular mail at the last known address 18,887
at the same time that it sends the notice described in division 18,888
(D)(2)(b) of this section to the financial institution. The 18,890
additional notice also shall specify that upon commencement of 18,892
employment, the obligor may request the court or child support 18,893
enforcement agency to cancel its financial institution account 18,894
deduction notice and instead issue a notice requiring the
423
withholding of an amount from personal earnings for support in 18,896
accordance with division (D)(1) of this section and that upon
commencement of employment the court may cancel its financial 18,897
institution account deduction notice under division (D)(2)(b) of 18,899
this section and instead will issue a notice requiring the 18,900
withholding of an amount from personal earnings for support in 18,902
accordance with division (D)(1) of this section. The
notification required of the obligor shall include a description 18,903
of the nature of any new accounts opened at a financial 18,904
institution under the jurisdiction of the court, the name and 18,905
business address of that financial institution, a description of 18,906
the nature of any new employment or income source, the name, 18,907
business address, and telephone number of any new employer or 18,909
income source, and any other information reasonably required by 18,911
the court.
(3) The court may issue an order requiring the obligor to 18,913
enter into a cash bond with the court. The court shall issue the 18,914
order as part of the support order or, if the support order 18,915
previously has been issued, as a separate order. Any cash bond 18,916
so required shall be in a sum fixed by the court at not less than 18,917
five hundred nor more than ten thousand dollars, conditioned that 18,918
the obligor will make payment as previously ordered and will pay 18,919
any arrearages under any prior support order that pertained to 18,920
the same child or spouse. The order, along with an additional 18,921
order requiring the obligor to immediately notify the child 18,922
support enforcement agency, in writing, if the obligor begins to 18,923
receive income from a payor, shall be attached to, and shall be 18,925
served upon the obligor at the same time as service of, the 18,926
support order or, if the support order previously has been
issued, as soon as possible after the issuance of the order under 18,927
this division. The additional order also shall specify that when 18,928
the obligor begins to receive income from a payor the obligor may 18,930
request the court to cancel its bond order and instead issue a 18,931
notice requiring the withholding of an amount from income for 18,934
424
support in accordance with division (D)(1) of this section and 18,935
that when the obligor begins to receive income from a payor the 18,936
court will proceed to collect on the bond, if the court 18,937
determines that payments due under the support order have not 18,938
been made and that the amount that has not been paid is at least 18,939
equal to the support owed for one month under the support order, 18,940
and will issue a notice requiring the withholding of an amount 18,941
from income for support in accordance with division (D)(1) of 18,944
this section. The notification required of the obligor shall
include a description of the nature of any new employment, the 18,945
name and business address of any new employer, and any other 18,946
information reasonably required by the court. 18,947
The court shall not order an obligor to post a cash bond 18,949
under this division unless the court determines that the obligor 18,950
has the ability to do so. A child support enforcement agency 18,951
shall not issue an order of the type described in this division. 18,952
If a child support enforcement agency is required to issue a 18,953
withholding or deduction notice under division (D) of this 18,954
section but the agency determines that no notice of the type 18,955
described in division (D)(1) or (2) of this section would be 18,957
appropriate, the agency may request the court to issue a court 18,958
order under this division, and, upon the request, the court may 18,959
issue an order as described in this division. 18,960
(4) If the obligor is unemployed, has no income, and does 18,962
not have an account at any financial institution, or on request 18,963
of a child support enforcement agency made under section 3111.231 18,964
of the Revised Code, the court shall issue an order requiring the 18,966
obligor, if able to engage in employment, to seek employment or 18,967
participate in a work activity to which a recipient of assistance 18,968
under Title IV-A of the "Social Security Act," 49 Stat. 620 18,969
(1935), 42 U.S.C.A. 301, as amended, may be assigned as specified 18,970
in section 407(d) of the "Social Security Act," 42 U.S.C.A. 18,971
607(d), as amended. The court shall include in the order a 18,973
requirement that the obligor notify the child support enforcement 18,974
425
agency upon obtaining employment, upon obtaining any income, or 18,975
upon obtaining ownership of any asset with a value of five 18,976
hundred dollars or more. The court may issue the order 18,977
regardless of whether the obligee to whom the obligor owes
support is a recipient of assistance under Title IV-A of the 18,978
"Social Security Act." The court shall issue the order as part 18,980
of a support order or, if a support order previously has been 18,982
issued, as a separate order. If a child support enforcement 18,984
agency is required to issue a withholding or deduction notice 18,985
under division (D) of this section but the agency determines that 18,986
no notice of the type described in division (D)(1) or (2) of this 18,987
section would be appropriate, the agency may request the court to 18,989
issue a court order under division (D)(4) of this section, and, 18,990
upon the request, the court may issue an order as described in 18,992
division (D)(4) of this section.
If an obligor is ordered to participate in a work activity, 18,995
the child support enforcement agency of the county in which the 18,996
obligor resides shall oversee the obligor's participation in 18,997
accordance with rules the department DIRECTOR of human JOB AND 18,998
FAMILY services shall adopt in accordance with Chapter 119. of 18,999
the Revised Code. A child support enforcement agency may 19,000
contract with one or more governmental agencies or persons to 19,001
carry out some or all of its oversight duties. 19,002
(E) If a court or child support enforcement agency is 19,004
required under division (A), (B), or (C) of this section or any 19,005
other section of the Revised Code to issue one or more notices or 19,006
court orders described in division (D) of this section, the court 19,007
or agency to the extent possible shall issue a sufficient number 19,008
of notices or court orders under division (D) of this section to 19,009
provide that the aggregate amount withheld or deducted under 19,010
those notices or court orders satisfies the amount ordered for 19,011
support in the support order plus any arrearages that may be owed 19,012
by the obligor under any prior support order that pertained to 19,013
the same child or spouse, notwithstanding any applicable 19,014
426
limitations of sections 2329.66, 2329.70, 2716.02, 2716.041, 19,016
2716.05, 2716.13, and 4123.67 of the Revised Code. However, in 19,018
no case shall the aggregate amount withheld pursuant to a
withholding notice issued under division (D)(1) of this section 19,020
and any fees withheld pursuant to the notice as a charge for 19,021
services exceed the maximum amount permitted under section 303(b) 19,022
of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b). 19,023
(F)(1) Any withholding or deduction requirement that is 19,025
contained in a notice described in division (D) of this section 19,026
and that is required to be issued by division (A), (B), or (C) of 19,027
this section or any other section of the Revised Code has 19,028
priority over any order of attachment, any order in aid of 19,029
execution, and any other legal process issued under state law 19,030
against the same earnings, payments, or account. 19,031
(2) When a payor receives two or more withholding notices 19,033
that are described in division (D)(1) of this section and that 19,035
are required to be issued by division (A), (B), or (C) of this 19,036
section or any other section of the Revised Code, the payor shall 19,039
comply with all of the requirements contained in the notices to 19,040
the extent that the total amount withheld from the obligor's 19,041
income does not exceed the maximum amount permitted under section 19,043
303(b) of the "Consumer Credit Protection Act," 15 U.S.C. 19,044
1673(b), withhold amounts in accordance with the allocation set 19,045
forth in divisions (F)(2)(a) and (b) of this section, notify each 19,046
court or child support enforcement agency that issued one of the 19,047
notices of the allocation, and give priority to amounts 19,048
designated in each notice as current support in the following 19,049
manner:
(a) If the total of the amounts designated in the notices 19,051
as current support exceeds the amount available for withholding 19,052
under section 303(b) of the "Consumer Credit Protection Act," 15 19,053
U.S.C. 1673(b), the payor shall allocate to each notice an amount 19,054
for current support equal to the amount designated in that notice 19,056
as current support multiplied by a fraction in which the 19,057
427
numerator is the amount of income available for withholding and 19,058
the denominator is the total amount designated in all of the 19,059
notices as current support.
(b) If the total of the amounts designated in the notices 19,061
as current support does not exceed the amount available for 19,062
withholding under section 303(b) of the "Consumer Credit 19,063
Protection Act," 15 U.S.C. 1673(b), the payor shall pay all of 19,065
the amounts designated as current support in the notices and 19,066
shall allocate to each notice an amount for past-due support 19,067
equal to the amount designated in that notice as past-due support 19,068
multiplied by a fraction in which the numerator is the amount of 19,069
income remaining available for withholding after the payment of 19,071
current support and the denominator is the total amount 19,072
designated in all of the notices as past-due support. 19,073
(G)(1) Except when a provision specifically authorizes or 19,075
requires service other than as described in this division, 19,076
service of any notice on any party, a financial institution, or 19,078
payor, for purposes of division (A), (B), (C), or (D) of this 19,080
section, shall be made by ordinary first class mail directed to 19,081
the addressee at the last known address, or, in the case of a 19,082
corporation, at its usual place of doing business. A notice 19,083
shall be considered to have been served when it is mailed. 19,084
(2) Each party to a support order shall notify the child 19,086
support enforcement agency of the party's current mailing 19,087
address, current residence address, current residence telephone 19,089
number, and current driver's license number, at the time of the 19,090
issuance or modification of the order and, until further notice 19,091
of the court that issues the order, shall notify the agency of 19,092
any change in that information immediately after the change 19,093
occurs. Any willful failure to comply with this division is 19,095
contempt of court. No person shall fail to give the notice 19,096
required by division (G)(2) of this section.
(3) Each support order, or modification of a support 19,098
order, that is subject to this section shall contain a notice 19,100
428
that states the following in boldfaced type and in all capital 19,101
letters:
"EACH PARTY TO THIS SUPPORT ORDER MUST NOTIFY THE CHILD 19,104
SUPPORT ENFORCEMENT AGENCY IN WRITING OF HIS OR HER CURRENT 19,105
MAILING ADDRESS, CURRENT RESIDENCE ADDRESS, CURRENT RESIDENCE 19,106
TELEPHONE NUMBER, CURRENT DRIVER'S LICENSE NUMBER, AND OF ANY 19,107
CHANGES IN THAT INFORMATION. EACH PARTY MUST NOTIFY THE AGENCY 19,108
OF ALL CHANGES UNTIL FURTHER NOTICE FROM THE COURT. IF YOU ARE 19,109
THE OBLIGOR UNDER A CHILD SUPPORT ORDER AND YOU FAIL TO MAKE THE 19,110
REQUIRED NOTIFICATIONS YOU MAY BE FINED UP TO $50 FOR A FIRST 19,111
OFFENSE, $100 FOR A SECOND OFFENSE, AND $500 FOR EACH SUBSEQUENT 19,113
OFFENSE. IF YOU ARE AN OBLIGOR OR OBLIGEE UNDER ANY SUPPORT
ORDER AND YOU WILLFULLY FAIL TO MAKE THE REQUIRED NOTIFICATIONS 19,114
YOU MAY BE FOUND IN CONTEMPT OF COURT AND BE SUBJECTED TO FINES 19,116
UP TO $1,000 AND IMPRISONMENT FOR NOT MORE THAN 90 DAYS. 19,117
IF YOU ARE AN OBLIGOR AND YOU FAIL TO MAKE THE REQUIRED 19,119
NOTIFICATIONS YOU MAY NOT RECEIVE NOTICE OF THE FOLLOWING 19,120
ENFORCEMENT ACTIONS AGAINST YOU: IMPOSITION OF LIENS AGAINST 19,121
YOUR PROPERTY; LOSS OF YOUR PROFESSIONAL OR OCCUPATIONAL LICENSE, 19,123
DRIVER'S LICENSE, OR RECREATIONAL LICENSE; WITHHOLDING FROM YOUR 19,124
INCOME; ACCESS RESTRICTION AND DEDUCTION FROM YOUR ACCOUNTS IN
FINANCIAL INSTITUTIONS; AND ANY OTHER ACTION PERMITTED BY LAW TO 19,125
OBTAIN MONEY FROM YOU TO SATISFY YOUR SUPPORT OBLIGATION." 19,126
(4)(a) The parent who is the residential parent and legal 19,128
custodian of a child for whom a support order is issued or the 19,129
person who otherwise has custody of a child for whom a support 19,130
order is issued immediately shall notify, and the obligor under a 19,131
support order may notify, the child support enforcement agency of 19,132
any reason for which the support order should terminate, 19,133
including, but not limited to, the child's attainment of the age 19,134
of majority if the child no longer attends an accredited high 19,135
school on a full-time basis and the support order does not 19,136
provide for the duty of support to continue past the age of 19,137
majority; the child ceasing to attend such a high school on a 19,138
429
full-time basis after attaining the age of majority, if the 19,140
support order does not provide for the duty of support to
continue past the age of majority; or the death, marriage, 19,141
emancipation, enlistment in the armed services, deportation, or 19,142
change of legal or physical custody of the child. A willful 19,143
failure to notify the child support enforcement agency as 19,144
required by this division is contempt of court. Upon receipt of 19,145
a notice pursuant to this division, the agency immediately shall 19,146
conduct an investigation to determine if any reason exists for 19,147
which the support order should terminate. The agency may conduct 19,148
such an investigation regardless of whether it received notice 19,149
under this division. If the agency determines the order should 19,150
terminate, it immediately shall notify the court that issued the 19,151
support order of the reason for which the support order should 19,152
terminate.
(b) Upon receipt of a notice given pursuant to division 19,154
(G)(4)(a) of this section, the court shall order the division of 19,155
child support to impound any funds received for the child 19,157
pursuant to the support order and the court shall set the case 19,159
for a hearing for a determination of whether the support order 19,160
should be terminated or modified or whether the court should take 19,161
any other appropriate action.
(c) If the court terminates a support order pursuant to 19,163
divisions (G)(4)(a) and (b) of this section, the termination of 19,164
the support order also terminates any withholding or deduction 19,165
order as described in division (D) or (H) of this section issued 19,166
prior to December 31, 1993, and any withholding or deduction 19,168
notice as described in division (D) or court order as described 19,169
in division (D)(3), (D)(4), or (H) of this section issued on or 19,171
after December 31, 1993. Upon the termination of any withholding 19,172
or deduction order or any withholding or deduction notice, the 19,173
court immediately shall notify the appropriate child support 19,174
enforcement agency that the order or notice has been terminated, 19,175
and the agency immediately shall notify each payor or financial 19,176
430
institution required to withhold or deduct a sum of money for the 19,178
payment of support under the terminated withholding or deduction 19,179
order or notice that the order or notice has been terminated and 19,180
that it is required to cease all withholding or deduction under 19,181
the order or notice. 19,182
(d) The department DIRECTOR of human JOB AND FAMILY 19,185
services shall adopt rules that provide for both of the 19,186
following:
(i) The return to the appropriate person of any funds that 19,188
a court has ordered impounded under division (G)(4)(b) of this 19,189
section if the support order under which the funds were paid has 19,190
been terminated pursuant to divisions (G)(4)(a) and (b) of this 19,191
section; 19,192
(ii) The return to the appropriate person of any other 19,194
payments made pursuant to a support order if the payments were 19,195
made at any time after the support order under which the funds 19,196
were paid has been terminated pursuant to divisions (G)(4)(a) and 19,197
(b) of this section. 19,198
(5) If any party to a support order requests a 19,200
modification of the order or if any obligee under a support order 19,201
or any person on behalf of the obligee files any action to 19,202
enforce a support order, the court shall notify the child support 19,203
enforcement agency that is administering the support order or 19,204
that will administer the order after the court's determination of 19,205
the request or the action, of the request or the filing. 19,206
(6) When a child support enforcement agency receives any 19,208
notice under division (G) of section 2151.23, section 2301.37, 19,209
division (E) of section 3105.18, division (C) of section 3105.21, 19,210
division (A) of section 3109.05, division (F) of section 3111.13, 19,211
division (B) of section 3113.04, section 3113.21, section 19,212
3113.211, section 3113.212, division (K) of section 3113.31, or 19,213
division (C)(3) of section 3115.31 of the Revised Code, it shall 19,215
issue the most appropriate notices under division (D) of this 19,216
section. Additionally, it shall do all of the following: 19,217
431
(a) If the obligor is subject to a withholding notice 19,219
issued under division (D)(1) of this section and the notice 19,220
relates to the obligor's change of employment, send a withholding 19,221
notice under that division to the new employer of the obligor as 19,222
soon as the agency obtains knowledge of that employer; 19,223
(b) If the notification received by the agency specifies 19,225
that a lump-sum payment of one hundred fifty dollars or more is 19,227
to be paid to the obligor, notify the court of the receipt of the 19,228
notice and its contents. The agency may notify the court if the 19,230
notification specifies that a lump-sum payment of less than one 19,231
hundred fifty dollars is to be paid to the obligor. 19,232
(c) Comply with section 3113.212 of the Revised Code, as 19,234
appropriate. 19,235
(H)(1)(a) For purposes of division (D)(1) of this section, 19,237
when a person who fails to comply with a support order that is 19,238
subject to that division derives income from self-employment or 19,239
commission, is employed by an employer not subject to the 19,240
jurisdiction of the court, or is in any other employment 19,241
situation that makes the application of that division 19,242
impracticable, the court may require the person to enter into a 19,243
cash bond to the court in a sum fixed by the court at not less 19,244
than five hundred nor more than ten thousand dollars, conditioned 19,245
that the person will make payment as previously ordered. 19,246
(b) When a court determines at a hearing conducted under 19,248
division (B) of this section, or a child support enforcement 19,249
agency determines at a hearing or pursuant to an investigation 19,250
conducted under division (B) of this section, that the obligor 19,251
under the order in relation to which the hearing or investigation 19,252
is conducted is unemployed and has no other source of income and 19,253
no assets so that the application of divisions (B) and (D) of 19,254
this section would be impracticable, the court shall issue an 19,255
order as described in division (D)(4) of this section and shall 19,257
order the obligor to notify the child support enforcement agency 19,258
in writing immediately of the receipt of any source of income or 19,260
432
of the opening of an account in a financial institution, and to 19,261
include in the notification a description of the nature of the 19,262
employment or income source, the name, business address, and
telephone number of the employer or income source, and any other 19,263
information reasonably required by the court. 19,264
(2) When a court determines, at a hearing conducted under 19,266
division (C)(2) of this section, that an obligor is unemployed, 19,267
is not receiving workers' compensation payments, does not have an 19,268
account in a financial institution, and has no other source of 19,269
income and no assets so that the application of divisions (C)(2) 19,270
and (D) of this section would be impracticable, the court shall 19,271
issue an order as described in division (D)(4) of this section 19,272
and shall order the obligor to notify the child support 19,273
enforcement agency, in writing, immediately of the receipt of any 19,274
source of income or of the opening of an account in a financial 19,275
institution, and to include in the notification a description of 19,276
the nature of the employment or income source, the name, business 19,277
address, and telephone number of the employer or income source or 19,279
the name, address, and telephone number of the financial 19,280
institution, and any other information reasonably required by the 19,281
court. 19,282
(3)(a) Upon receipt of a notice from a child support 19,284
enforcement agency under division (G)(6) of this section that a 19,285
lump-sum payment is to be paid to the obligor, the court shall do 19,287
either of the following:
(i) If the obligor is in default under the support order 19,289
or has any unpaid arrearages under the support order, issue an 19,290
order requiring the transmittal of the lump-sum payment to the 19,291
division of child support. 19,292
(ii) If the obligor is not in default under the support 19,294
order and does not have any unpaid arrearages under the support 19,295
order, issue an order directing the person who gave the notice to 19,296
the court to immediately pay the full amount of the lump-sum 19,297
payment to the obligor. 19,298
433
(b) Upon receipt of any moneys pursuant to division 19,300
(H)(3)(a) of this section, the division of child support shall 19,302
pay the amount of the lump-sum payment that is necessary to
discharge all of the obligor's arrearages to the obligee and, 19,303
within two business days after its receipt of the money, any 19,304
amount that is remaining after the payment of the arrearages to 19,305
the obligor. 19,306
(c) Any court that issued an order prior to December 1, 19,308
1986, requiring an employer to withhold an amount from an 19,309
obligor's personal earnings for the payment of support shall 19,310
issue a supplemental order that does not change the original 19,311
order or the related support order requiring the employer to do 19,312
all of the following: 19,313
(i) No later than the earlier of forty-five days before a 19,315
lump-sum payment is to be made or, if the obligor's right to a 19,316
lump-sum payment is determined less than forty-five days before 19,317
it is to be made, the date on which that determination is made, 19,318
notify the child support enforcement agency of any lump-sum 19,319
payment of any kind of one hundred fifty dollars or more that is 19,321
to be paid to the obligor; 19,322
(ii) Hold the lump-sum payment for thirty days after the 19,324
date on which it would otherwise be paid to the obligor, if the 19,325
lump-sum payment is sick pay, a lump-sum payment of retirement 19,326
benefits or contributions, or profit-sharing payments or 19,327
distributions; 19,328
(iii) Upon order of the court, pay any specified amount of 19,330
the lump-sum payment to the division of child support. 19,331
(d) If an employer knowingly fails to notify the child 19,333
support enforcement agency in accordance with division (D) of 19,334
this section of any lump-sum payment to be made to an obligor, 19,335
the employer is liable for any support payment not made to the 19,336
obligee as a result of its knowing failure to give the notice as 19,337
required by that division. 19,338
(I)(1) Any support order, or modification of a support 19,340
434
order, that is subject to this section shall contain the date of 19,341
birth and social security number of the obligor. 19,342
(2) No withholding or deduction notice described in 19,344
division (D) or court order described in division (D)(3) or (4) 19,346
of this section shall contain any information other than the
information specifically required by division (A), (B), (C), or 19,347
(D) of this section or by any other section of the Revised Code 19,348
and any additional information that the issuing court determines 19,349
may be necessary to comply with the notice. 19,350
(J) No withholding or deduction notice described in 19,352
division (D) or court order described in division (D)(3) or (4) 19,354
of this section and issued under division (A), (B), or (C) of
this section or any other section of the Revised Code shall be 19,355
terminated solely because the obligor pays any part or all of the 19,357
arrearages under the support order.
(K)(1) Except as provided in division (K)(2) of this 19,359
section and section 2301.42 of the Revised Code and the rules 19,360
adopted pursuant to division (C) of that section, if child 19,361
support arrearages are owed by an obligor to the obligee and to 19,362
the department of human JOB AND FAMILY services, any payments 19,363
received on the arrearages by the division of child support first 19,365
shall be paid to the obligee until the arrearages owed to the 19,366
obligee are paid in full. 19,367
(2) Division (K)(1) of this section does not apply to the 19,369
collection of past-due child support from refunds of paid federal 19,370
taxes pursuant to section 5101.32 of the Revised Code or of 19,371
overdue child support from refunds of paid state income taxes 19,372
pursuant to sections 5101.321 and 5747.121 of the Revised Code. 19,373
(L)(1) Each court with jurisdiction to issue support 19,375
orders or orders establishing the existence or nonexistence of a 19,376
parent and child relationship shall establish rules of court to 19,377
ensure that the following percentage of all actions to establish 19,378
the existence or nonexistence of a parent and child relationship, 19,379
to establish a support requirement, or to modify a previously 19,380
435
issued support order be completed within the following time 19,381
limits:
(a) Seventy-five per cent of all of the actions shall be 19,383
completed within six months after they were initially filed; 19,385
(b) Ninety per cent of all of the actions shall be 19,387
completed within twelve months after they were initially filed. 19,389
(2) If a case involves complex legal issues requiring full 19,391
judicial review, the court shall issue a temporary support order 19,392
within the time limits set forth in division (L)(1) of this 19,393
section, which temporary order shall be in effect until a final 19,394
support order is issued in the case. All cases in which the 19,395
imposition of a notice or order under division (D) of this 19,396
section is contested shall be completed within the period of time 19,397
specified by law for completion of the case. The failure of a 19,398
court to complete a case within the required period does not 19,399
affect the ability of any court to issue any order under this 19,400
section or any other section of the Revised Code for the payment 19,401
of support, does not provide any defense to any order for the 19,402
payment of support that is issued under this section or any other 19,403
section of the Revised Code, and does not affect any obligation 19,404
to pay support. 19,405
(3)(a) In any Title IV-D case, the judge, when necessary 19,407
to satisfy the federal requirement of expedited process for 19,408
obtaining and enforcing support orders, shall appoint magistrates 19,410
to make findings of fact and recommendations for the judge's 19,411
approval in the case. All magistrates appointed pursuant to this 19,413
division shall be attorneys admitted to the practice of law in 19,414
this state. If the court appoints a magistrate pursuant to this 19,415
division, the court may appoint any additional administrative and 19,416
support personnel for the magistrate. 19,417
(b) Any magistrate appointed pursuant to division 19,419
(L)(3)(a) of this section may perform any of the following 19,421
functions:
(i) The taking of testimony and keeping of a record in the 19,423
436
case; 19,424
(ii) The evaluation of evidence and the issuance of 19,426
recommendations to establish, modify, and enforce support orders; 19,427
(iii) The acceptance of voluntary acknowledgments of 19,429
support liability and stipulated agreements setting the amount of 19,430
support to be paid; 19,431
(iv) The entering of default orders if the obligor does 19,433
not respond to notices in the case within a reasonable time after 19,434
the notices are issued; 19,435
(v) Any other functions considered necessary by the court. 19,437
(4) The child support enforcement agency may conduct 19,439
administrative reviews of support orders to obtain voluntary 19,440
notices or court orders under division (D) of this section and to 19,441
correct any errors in the amount of any arrearages owed by an 19,442
obligor. The obligor and the obligee shall be notified of the 19,443
time, date, and location of the administrative review at least 19,444
fourteen days before it is held. 19,445
(M)(1) The termination of a support obligation or a 19,447
support order does not abate the power of any court to collect 19,448
overdue and unpaid support or to punish any person for a failure 19,450
to comply with an order of the court or to pay any support as 19,451
ordered in the terminated support order and does not abate the 19,452
authority of a child support enforcement agency to issue, in 19,453
accordance with this section, any notice described in division 19,454
(D) of this section or of a court to issue, in accordance with 19,455
this section, any court order as described in division (D)(3) or 19,456
(4) of this section to collect any support due or arrearage under 19,457
the support order. 19,459
(2) Any court that has the authority to issue a support 19,461
order shall have all powers necessary to enforce that support 19,462
order, and all other powers, set forth in this section. 19,463
(3) Except as provided in division (M)(4) of this section, 19,465
a court may not retroactively modify an obligor's duty to pay a 19,466
delinquent support payment. 19,467
437
(4) A court with jurisdiction over a support order may 19,469
modify an obligor's duty to pay a support payment that becomes 19,470
due after notice of a petition to modify the support order has 19,471
been given to each obligee and to the obligor before a final 19,472
order concerning the petition for modification is entered. 19,473
(N) If an obligor is in default under a support order and 19,475
has a claim against another person of more than one thousand 19,476
dollars, the obligor shall notify the child support enforcement 19,477
agency of the claim, the nature of the claim, and the name of the 19,478
person against whom the claim exists. If an obligor is in 19,479
default under a support order and has a claim against another 19,480
person or is a party in an action for any judgment, the child 19,481
support enforcement agency or the agency's attorney, on behalf of 19,482
the obligor, immediately shall file with the court in which the 19,483
action is pending a motion to intervene in the action or a 19,484
creditor's bill. The motion to intervene shall be prepared and 19,485
filed pursuant to Civil Rules 5 and 24(A) and (C). 19,486
Nothing in this division shall preclude an obligee from 19,488
filing a motion to intervene in any action or a creditor's bill. 19,489
(O) If an obligor is receiving unemployment compensation 19,491
benefits, an amount may be deducted from those benefits for 19,492
purposes of child support, in accordance with section 2301.371 19,493
and division (D)(4) of section 4141.28 of the Revised Code. Any 19,494
deduction from a source in accordance with those provisions is in 19,495
addition to, and does not preclude, any withholding or deduction 19,496
for purposes of support under divisions (A) to (N) of this 19,497
section. 19,498
(P) As used in this section, and in sections 3113.211 to 19,500
3113.219 of the Revised Code: 19,501
(1) "Financial institution" means a bank, savings and loan 19,503
association, or credit union, or a regulated investment company 19,504
or mutual fund in which a person who is required to pay child 19,505
support has funds on deposit that are not exempt under the law of 19,506
this state or the United States from execution, attachment, or 19,507
438
other legal process. 19,508
(2) "Title IV-D case" means any case in which the child 19,510
support enforcement agency is enforcing the child support order 19,511
pursuant to Title IV-D of the "Social Security Act," 88 Stat. 19,512
2351 (1975), 42 U.S.C. 651, as amended. 19,513
(3) "Obligor" means the person who is required to pay 19,515
support under a support order. 19,516
(4) "Obligee" means the person who is entitled to receive 19,518
the support payments under a support order. 19,519
(5) "Support order" means an order for the payment of 19,521
support and, for orders issued or modified on or after December 19,522
31, 1993, includes any notices described in division (D) or (H) 19,523
of this section that are issued in accordance with this section. 19,524
(6) "Support" means child support, spousal support, and 19,526
support for a spouse or former spouse. 19,527
(7) "Personal earnings" means compensation paid or payable 19,529
for personal services, however denominated, and includes, but is 19,530
not limited to, wages, salary, commissions, bonuses, draws 19,531
against commissions, profit sharing, and vacation pay. 19,532
(8) "Default" has the same meaning as in section 2301.34 19,534
of the Revised Code. 19,535
(9) "Payor" means any person or entity that pays or 19,538
distributes income to an obligor, including the obligor, if the 19,539
obligor is self employed; an employer; an employer that is paying 19,540
the obligor's workers' compensation benefits; the public 19,541
employees retirement board; the board of trustees, or other 19,542
governing entity of a municipal retirement system; the board of 19,543
trustees of the Ohio police and fire pension fund; the state 19,544
teachers retirement board; the school employees retirement board; 19,546
the state highway patrol retirement board; the bureau of workers' 19,547
compensation; or any other person or entity, except the bureau 19,549
DEPARTMENT of employment JOB AND FAMILY services with respect to 19,550
unemployment compensation benefits paid pursuant to Chapter 4141. 19,551
of the Revised Code.
439
(Q) As used in this section, "income" means any form of 19,554
monetary payment, including personal earnings; workers' 19,555
compensation payments; unemployment compensation benefits to the 19,557
extent permitted by, and in accordance with, section 2301.371 of
the Revised Code, division (D)(4) of section 4141.28 of the 19,558
Revised Code, and federal law governing the bureau DEPARTMENT of 19,559
employment JOB AND FAMILY services; pensions; annuities; 19,560
allowances; private or governmental retirement benefits; 19,562
disability or sick pay; insurance proceeds; lottery prize awards; 19,563
federal, state, or local government benefits to the extent that 19,564
the benefits can be withheld or deducted under the law governing 19,565
the benefits; any form of trust fund or endowment; lump-sum 19,566
payments; and any other payment in money. 19,567
Sec. 3113.211. (A)(1) For purposes of this section, a 19,576
withholding or deduction order that was issued prior to December 19,577
31, 1993, under division (D)(1), (2), (3), (4), or (5) of section 19,578
3113.21 of the Revised Code as the division existed prior to that 19,579
date and that has not been terminated on or after December 31, 19,580
1993, shall be considered to be a withholding or deduction notice 19,581
issued under division (D)(1) or (2) of section 3113.21 of the 19,584
Revised Code.
(2) A payor ordered to withhold a specified amount from 19,587
the income of an employee under a withholding notice issued under 19,589
division (A), (B), (C), or (D)(1) of section 3113.21 of the 19,590
Revised Code for purposes of support also may deduct from the 19,591
income of the person, in addition to the amount withheld for 19,593
purposes of support, a fee of two dollars or an amount not to 19,594
exceed one per cent of the amount withheld for purposes of 19,595
support, whichever is greater, as a charge for its services in 19,596
complying with the withholding requirement included in the 19,597
withholding notice. A financial institution required to deduct 19,598
funds from an account under a deduction notice issued under 19,599
division (D)(2) of section 3113.21 of the Revised Code for 19,601
purposes of support may deduct from the account of the person, in 19,602
440
addition to the amount deducted for purposes of support, a fee of 19,603
five dollars or an amount not to exceed the lowest rate that it 19,604
charges, if any, for a debit transaction in a similar account, 19,605
whichever is less, as a charge for its service in complying with 19,606
the deduction requirement included in the deduction notice. 19,607
The entire amount withheld or deducted pursuant to a 19,609
withholding or deduction notice issued under division (D) of 19,610
section 3113.21 of the Revised Code for purposes of support shall 19,611
be forwarded to the division of child support in the department 19,612
of human JOB AND FAMILY services immediately, but not later than 19,614
seven working days after, the withholding or deduction, as 19,615
directed in the withholding or deduction notice. 19,616
(B) If a payor or financial institution is required to 19,618
withhold or deduct a specified amount from the income or savings 19,619
of more than one obligor under a withholding or deduction notice 19,621
issued under division (D) of section 3113.21 of the Revised Code 19,622
and is required to forward the amounts withheld or deducted to 19,623
the division of child support, the payor or the financial 19,624
institution may combine all of the amounts to be forwarded in one 19,626
payment, provided the payment is accompanied by a list that 19,627
clearly identifies each obligor who is covered by the payment and 19,628
the portion of the payment that is attributable to that obligor. 19,629
(C) Upon receipt of any amount forwarded from a payor or 19,632
financial institution the division of child support shall 19,633
distribute the amount to the obligee within two business days of 19,635
its receipt of the amount forwarded. The department DIRECTOR of 19,636
human JOB AND FAMILY services may adopt, revise, or amend rules 19,638
under Chapter 119. of the Revised Code to assist in the 19,639
implementation of this division. 19,640
(D) A payor or financial institution shall not be subject 19,642
to criminal or civil liability for compliance, in accordance with 19,643
this section, with a withholding or deduction notice issued 19,644
pursuant to division (D) of section 3113.21 of the Revised Code. 19,645
Sec. 3113.212. (A) When a court has issued a support 19,654
441
order, when the court or a child support enforcement agency has 19,655
issued one or more notices containing one or more of the 19,656
requirements described in division (D) of section 3113.21 of the 19,657
Revised Code or when a court has issued one or more court orders 19,658
described in division (D)(3) or (4) of that section, and when 19,660
either the child support enforcement agency receives a 19,661
notification as described in division (D), (G), or (H) of section 19,662
3113.21 of the Revised Code that pertains to a change in the 19,663
source of income or status of accounts in a financial institution 19,665
of the obligor or the child support enforcement agency otherwise 19,666
determines that the source of income or status of accounts in a 19,667
financial institution of the obligor has changed, the child 19,668
support enforcement agency immediately shall conduct an 19,669
investigation to determine the obligor's present source of income 19,670
or assets, and the obligor's address and social security number 19,671
and shall issue one or more notices described in division (D) of 19,672
section 3113.21 of the Revised Code that it determines are 19,673
appropriate. If the agency determines that no notice of the type 19,674
described in division (D)(1) or (2) of that section would be 19,676
appropriate, the agency may request the court to issue a court 19,677
order under division (D)(3) or (4) of that section, and, upon the 19,679
request, the court may issue an order as described in that 19,680
division. The notices and court orders are final and are 19,681
enforceable by the court. The notices shall be mailed within 19,682
fifteen days after the obligor under the support order is located 19,683
or within fifteen days after the default under the support order, 19,684
whichever is applicable.
If the court or child support enforcement agency previously 19,686
has issued one or more notices containing one or more of the 19,687
requirements described in division (D) of section 3113.21 of the 19,688
Revised Code or the court previously has issued one or more court 19,689
orders described in division (D)(3) or (4) of that section and 19,691
the child support enforcement agency determines that any of the 19,692
requirements or court orders no longer are appropriate due to the 19,693
442
change, the agency immediately shall cancel any previously issued 19,694
notice, and the court shall cancel any previously issued court 19,695
order that no longer is appropriate, the agency shall send 19,696
written notice of the cancellation by regular mail to the person 19,697
who was required to comply with the withholding, deduction, or 19,698
other requirement contained in the canceled notice or court 19,699
order, and the agency shall issue one or more new notices 19,700
containing one or more requirements described in division (D) of 19,701
section 3113.21 of the Revised Code that it determines are 19,702
appropriate. If the agency determines that no notice of the type 19,703
described in division (D)(1) or (2) of that section would be 19,705
appropriate, the agency may request the court to issue a court 19,706
order under division (D)(3) or (4) of that section, and, upon the 19,708
request, the court may issue an order as described in that 19,709
division. The notices and court orders are final and are 19,710
enforceable by the court. The notices shall be mailed within 19,711
fifteen days after the obligor under the support order is located 19,712
or within fifteen days after the default under the support order, 19,713
whichever is applicable. 19,714
(B) When a court or child support enforcement agency has 19,716
issued one or more notices containing one or more of the 19,717
requirements described in division (D) of section 3113.21 of the 19,719
Revised Code requiring withholding by a payor that is not an 19,720
employer or requiring deduction by a financial institution or a
court has issued one or more court orders described in division 19,722
(D)(3) or (4) of that section and the agency is informed that the 19,724
obligor has commenced employment, the agency shall issue a notice 19,725
requiring the withholding of an amount from the person's personal 19,726
earnings for support, in accordance with division (D)(1) of 19,727
section 3113.21 of the Revised Code. The notice is final and is 19,728
enforceable by the court. Additionally, if the court or agency 19,729
determines that payments due under the support order have not 19,730
been made and that the amount that has not been paid is at least 19,731
equal to the support owed for one month under the support order, 19,732
443
the court shall proceed to collect on any cash bond and shall 19,733
order it paid to the division of child support in the department 19,734
of human JOB AND FAMILY services.
(C) If a child support enforcement agency sends a notice 19,736
imposing a withholding or deduction requirement or a court sends 19,737
a court order imposing any other appropriate requirement to a 19,738
person under division (A) or (B) of this section, the notice or 19,739
court order, for purposes of sections 3113.21 to 3113.219 of the 19,740
Revised Code, also shall be considered to have been issued under 19,741
division (D) of section 3113.21 of the Revised Code. The notice 19,742
or court order is final and is enforceable by the court. 19,743
(D) If a child support enforcement agency sends a notice 19,745
imposing a withholding or deduction requirement or any other 19,746
appropriate requirement to a person under division (A) or (B) of 19,747
this section or under section 3113.21 of the Revised Code and if 19,748
the payor or financial institution that is sent the withholding, 19,750
deduction, or other appropriate notice fails to comply with the 19,751
notice, the child support enforcement agency shall request the 19,752
court to issue a court order requiring the payor or financial 19,753
institution to comply with the withholding, deduction, or other 19,754
appropriate notice sent by the agency immediately or be held in 19,755
contempt of court. If the court issues the requested order and 19,756
if the payor or financial institution does not comply with the 19,758
withholding, deduction, or other appropriate order of the agency 19,759
that is the subject of the court order immediately, it is in 19,760
contempt of court. 19,761
Sec. 3113.213. (A)(1) For purposes of this section, a 19,770
withholding or deduction order that was issued prior to December 19,771
31, 1993, under division (D)(1), (2), (4), or (5) of section 19,772
3113.21 of the Revised Code as the division existed prior to that 19,773
date and that has not been terminated on or after December 31, 19,774
1993, shall be considered to be a withholding or deduction notice 19,775
issued under division (D)(1) or (2) of section 3113.21 of the 19,778
Revised Code.
444
(2) The failure of any person to send any notification 19,780
required by division (D) or (H) of section 3113.21 of the Revised 19,781
Code shall be considered as contempt of court. 19,782
(B) A payor that fails to withhold an amount from an 19,785
obligor's income for support in accordance with a withholding 19,788
requirement included in a withholding notice issued under 19,789
division (D)(1) of section 3113.21 of the Revised Code or a
financial institution that fails to deduct funds from an 19,790
obligor's account for support in accordance with a deduction 19,791
requirement included in a deduction notice issued under division 19,792
(D)(2) of section 3113.21 of the Revised Code is liable for the 19,794
amount that was not withheld or deducted, provided that no payor 19,795
that is an employer whose normal pay and disbursement cycles make 19,796
it impossible to comply with a withholding requirement contained 19,797
in a withholding notice issued under division (D)(1) of section 19,798
3113.21 of the Revised Code shall be liable for the amount not 19,799
withheld if the employer, as soon as possible after the 19,800
employer's receipt of the withholding notice, provides the court 19,801
or child support enforcement agency that issued the notice with 19,802
written notice of the impossibility and the reasons for the 19,803
impossibility. An employer who is liable under this provision 19,804
for an amount that was not withheld shall be ordered by the court 19,805
to pay that amount to the division of child support in the 19,808
department of human JOB AND FAMILY services, to be disbursed in 19,809
accordance with the support order for the benefit of the child or 19,810
spouse.
(C) The court may fine a payor not more than two hundred 19,813
dollars for failure to withhold income or to notify the court or 19,815
child support enforcement agency that a situation has occurred 19,816
causing the payor to cease paying income in an amount sufficient 19,818
to comply with the order to the obligor, or, in cases in which 19,819
the obligor is an employer, the obligor is receiving or is 19,820
eligible to receive a benefit of employment other than personal 19,821
earnings, as required by a withholding notice issued under 19,822
445
division (D)(1) of section 3113.21 of the Revised Code. The 19,823
court may fine a financial institution not more than two hundred 19,824
dollars for failure to deduct funds from an account or to notify 19,825
the court or child support enforcement agency of the termination 19,826
of an account from which funds are being deducted or the opening 19,827
of a new account, as required by a deduction notice issued under 19,828
division (D)(2) of section 3113.21 of the Revised Code. 19,829
(D) No payor that is an employer may use a requirement to 19,831
withhold personal earnings contained in a withholding notice 19,833
issued under division (D)(1) of section 3113.21 of the Revised 19,834
Code, as a basis for a discharge of, or for any disciplinary 19,835
action against, an employee, or as a basis for a refusal to 19,836
employ a person. The court may fine an employer who so 19,837
discharges or takes disciplinary action against an employee, or 19,838
refuses to employ a person, not more than five hundred dollars. 19,839
Sec. 3113.214. (A) For the purposes of this section, 19,848
"access restriction" means that funds may not be withdrawn or 19,849
transferred.
(B) If, as a result of information obtained pursuant to an 19,852
agreement under section 5101.315 of the Revised Code, the 19,854
division of child support in the department of human JOB AND 19,855
FAMILY services finds or receives notice that identifies an 19,856
obligor in default who maintains an account with a financial 19,857
institution, the division shall, within one business day, enter 19,858
the information into the case registry established pursuant to 19,859
section 5101.319 of the Revised Code. 19,861
(C) A financial institution that learns, pursuant to an 19,863
agreement under section 5101.315 of the Revised Code, that an 19,865
obligor in default maintains an account with the financial 19,866
institution shall promptly place an access restriction on the
account. The access restriction shall remain on the account 19,867
until the financial institution complies with a withdrawal 19,868
directive under division (F) of this section or a court or child 19,869
support enforcement agency orders the financial institution to 19,871
446
remove the access restriction.
(D) The child support enforcement agency shall, no later 19,874
than five business days after information is entered into the 19,875
case registry pursuant to division (B) of this section, 19,876
investigate and determine the amount of funds in the account that 19,878
is available to satisfy the obligor's arrearages under a support
order. The financial institution shall cooperate with the 19,879
agency's investigation. 19,880
(E)(1) If a child support enforcement agency that 19,883
completes an investigation described in division (D) of this 19,884
section does not find that any person other than the obligor has 19,885
an ownership interest in the account, it shall issue a withdrawal 19,886
directive pursuant to division (F) of this section. If the 19,887
agency finds that a person other than an obligor has an ownership 19,889
interest in the account, the agency shall send written notice by 19,890
first-class mail to that person at an address for that person 19,891
contained in records of the financial institution, except that if 19,892
the address of that person is not contained in records of the 19,893
financial institution, the agency shall send the notice to that 19,894
person in care of another person whose address is contained in 19,895
records of the financial institution concerning the account. 19,896
(2) The notice shall contain both of the following: 19,898
(a) A statement of the date the notice is sent, that 19,901
another of the account holders is an obligor under a support
order, the name of the obligor, that the support order is in 19,902
default, the amount of the arrearage owed by the obligor as 19,903
determined by the court or child support enforcement agency, the 19,904
amount that will be withdrawn, the type of account from which the 19,906
amount will be withdrawn, and the name of the financial
institution from which the amount will be withdrawn; 19,907
(b) A statement that the person may object to the 19,910
withdrawal by filing with the agency, no later than ten days 19,911
after the date on which the notice is sent, a written request for 19,913
an administrative hearing to determine whether any amount
447
contained in the account is the property of the person to whom 19,914
the notice is sent and should not be subject to the withdrawal 19,915
directive. 19,916
(3) The person to whom the notice is sent shall have ten 19,918
days from the date the notice is sent to object to the withdrawal 19,919
by filing with the agency a written request for an administrative 19,921
hearing to determine whether any amount contained in the account 19,922
is the property of that person and should not be subject to the 19,923
withdrawal directive.
(a) If the person requests it, the agency shall conduct an 19,925
administrative hearing no later than ten days after the date the 19,927
person files the request for the hearing. No later than five 19,928
days before the date the hearing is to be conducted, the agency 19,929
shall send the person written notice of the date, time, place, 19,930
and purpose of the hearing. 19,931
At the hearing, the agency shall determine whether any 19,933
amount contained in the account is the property of the person who 19,935
filed the objection. The person may present testimony and
evidence at the hearing only in regard to the issue of whether 19,936
how much, if any, of the amount contained in the account is the 19,937
property of the person and should not be subject to withdrawal 19,938
directive. If the agency determines that any amount contained in 19,939
the account is the property of the person, the agency shall 19,941
determine that amount. The agency shall send notice of its
determination to the person. 19,942
If the agency determines that the total amount in the 19,944
account is the property of the person, it shall order the 19,945
financial institution to release the access restriction on the 19,946
account and shall take no further enforcement action on the 19,947
account. If the agency determines that some of the funds in the 19,948
account are the property of the person, it shall order the 19,950
financial institution to release the access restriction on the 19,951
account in that amount and shall take no further enforcement 19,952
action on those funds. The agency shall issue a withdrawal 19,953
448
directive pursuant to division (F) of this section for the 19,955
remaining funds unless, no later than ten days after the agency 19,956
makes its determination, the person files a written motion with
the court of common pleas of the county served by the child 19,957
support enforcement agency for a hearing to determine whether any 19,958
amount contained in the account is the property of the person. 19,959
If the person files a timely motion with the court, the court 19,961
shall hold a hearing on the request no later than ten days after 19,962
the request is filed. No later than five days before the date on 19,963
which the hearing is to be held, the court shall send the person 19,964
written notice by ordinary mail of the date, time, place, and 19,965
purpose of the hearing. The hearing shall be limited to a 19,966
determination of how much, if any of the amount contained in the 19,967
account is the property of the person. 19,968
If the court determines that all of the funds in the 19,970
account are the property of the person, it shall order the 19,971
financial institution to release the access restriction on the 19,972
account and to take no further enforcement action on the account. 19,974
If the court determines that some of the funds in the account are 19,975
the property of the person, it shall determine that amount, order 19,976
the financial institution to release the access restriction on 19,977
the account in that amount, and order the agency to take no 19,978
further enforcement action on those funds. If the court 19,979
determines that any of the funds in the account are not the 19,980
property of the person, it shall issue a withdrawal directive 19,981
pursuant to division (F) of this section. 19,982
(b) If a person to whom a notice is sent under division 19,984
(E)(1) of this section fails to file a timely request for an 19,986
administrative hearing, the agency shall send a withdrawal 19,987
directive to the financial institution pursuant to division (F) 19,989
of this section.
(F)(1) Subject to division DIVISIONS (D) and (E) of this 19,991
section, an agency that determines that an obligor has funds in 19,993
an account in a financial institution, shall issue a withdrawal 19,994
449
directive to the financial institution. The directive shall 19,995
require the financial institution to transmit funds from the 19,996
account to the division of child support. 19,997
(2) The withdrawal directive shall contain the following 19,999
information: 20,000
(a) The name, address, and social security number or 20,003
taxpayer identification number of the obligor;
(b) A statement that the obligor has been determined to be 20,006
in default under a support order;
(c) The amount of the arrearage owed by the obligor as 20,009
determined by the court or child support enforcement agency; 20,010
(d) The amount of funds that are to be withdrawn from the 20,013
account and the type of account from which the funds are to be 20,014
withdrawn.
(3) On receipt of a withdrawal directive, a financial 20,016
institution shall withdraw the amount specified from the account 20,018
described in the notice and pay it to the division of child 20,019
support.
(G) A financial institution is not subject to criminal or 20,022
civil liability for imposing an access restriction on an account 20,023
or complying with a withdrawal directive pursuant to this section 20,024
or for any other action taken in good faith pursuant to this 20,025
section.
Sec. 3113.215. (A) As used in this section: 20,034
(1) "Income" means either of the following: 20,036
(a) For a parent who is employed to full capacity, the 20,038
gross income of the parent; 20,039
(b) For a parent who is unemployed or underemployed, the 20,041
sum of the gross income of the parent, and any potential income 20,042
of the parent. 20,043
(2) "Gross income" means, except as excluded in this 20,045
division, the total of all earned and unearned income from all 20,046
sources during a calendar year, whether or not the income is 20,047
taxable, and includes, but is not limited to, income from 20,048
450
salaries, wages, overtime pay and bonuses to the extent described 20,049
in division (B)(5)(d) of this section, commissions, royalties, 20,050
tips, rents, dividends, severance pay, pensions, interest, trust 20,051
income, annuities, social security benefits, workers' 20,052
compensation benefits, unemployment insurance benefits, 20,053
disability insurance benefits, benefits received by and in the 20,054
possession of the veteran who is the beneficiary for any 20,055
service-connected disability under a program or law administered 20,056
by the United States department of veterans' affairs or veterans' 20,057
administration, spousal support actually received from a person 20,058
not a party to the support proceeding for which actual gross 20,059
income is being determined, and all other sources of income; 20,060
income of members of any branch of the United States armed 20,061
services or national guard, including, but not limited to,
amounts representing base pay, basic allowance for quarters, 20,062
basic allowance for subsistence, supplemental subsistence 20,063
allowance, cost of living adjustment, specialty pay, variable 20,064
housing allowance, and pay for training or other types of 20,065
required drills; self-generated income; and potential cash flow 20,066
from any source. 20,067
"Gross income" does not include any of the following: 20,069
(a) Benefits received from means-tested public assistance 20,072
programs, including, but not limited to, Ohio works first; 20,074
prevention, retention, and contingency; supplemental security 20,075
income; food stamps; or disability assistance; 20,076
(b) Benefits for any service-connected disability under a 20,079
program or law administered by the United States department of 20,080
veterans' affairs or veterans' administration that have not been 20,081
distributed to the veteran who is the beneficiary of the benefits 20,082
and that are in the possession of the United States department of 20,083
veterans' affairs or veterans' administration;
(c) Child support received for children who were not born 20,086
or adopted during the marriage at issue; 20,087
(d) Amounts paid for mandatory deductions from wages other 20,090
451
than taxes, social security, or retirement in lieu of social 20,091
security, including, but not limited to, union dues; 20,092
(e) Nonrecurring or unsustainable income or cash flow 20,095
items.
(3) "Self-generated income" means gross receipts received 20,097
by a parent from self-employment, proprietorship of a business, 20,098
joint ownership of a partnership or closely held corporation, and 20,099
rents minus ordinary and necessary expenses incurred by the 20,100
parent in generating the gross receipts. "Self-generated income" 20,101
includes expense reimbursements or in-kind payments received by a 20,102
parent from self-employment, the operation of a business, or 20,103
rents, including, but not limited to, company cars, free housing, 20,104
reimbursed meals, and other benefits, if the reimbursements are 20,105
significant and reduce personal living expenses. 20,106
(4)(a) "Ordinary and necessary expenses incurred in 20,108
generating gross receipts" means actual cash items expended by 20,109
the parent or the parent's business and includes depreciation 20,111
expenses of replacement business equipment as shown on the books 20,112
of a business entity. 20,113
(b) Except as specifically included in "ordinary and 20,115
necessary expenses incurred in generating gross receipts" by 20,116
division (A)(4)(a) of this section, "ordinary and necessary 20,117
expenses incurred in generating gross receipts" does not include 20,118
depreciation expenses and other noncash items that are allowed as 20,119
deductions on any federal tax return of the parent or the 20,120
parent's business. 20,121
(5) "Potential income" means both of the following for a 20,123
parent that the court, or a child support enforcement agency 20,124
pursuant to sections 3111.20, 3111.211, and 3111.22 of the 20,126
Revised Code, determines is voluntarily unemployed or voluntarily 20,127
underemployed: 20,128
(a) Imputed income that the court or agency determines the 20,130
parent would have earned if fully employed as determined from the 20,131
parent's employment potential and probable earnings based on the 20,132
452
parent's recent work history, the parent's occupational 20,133
qualifications, and the prevailing job opportunities and salary 20,134
levels in the community in which the parent resides; 20,135
(b) Imputed income from any nonincome-producing assets of 20,137
a parent, as determined from the local passbook savings rate or 20,138
another appropriate rate as determined by the court or agency, 20,139
not to exceed the rate of interest specified in division (A) of 20,140
section 1343.03 of the Revised Code, if the income is 20,141
significant. 20,142
(6) "Child support order" means an order for the payment 20,144
of child support. 20,145
(7) "Combined gross income" means the combined gross 20,147
income of both parents. 20,148
(8) "Split parental rights and responsibilities" means a 20,150
situation in which there is more than one child who is the 20,151
subject of an allocation of parental rights and responsibilities 20,152
and each parent is the residential parent and legal custodian of 20,153
at least one of those children. 20,154
(9) "Schedule" means the basic child support schedule set 20,156
forth in division (D) of this section. 20,157
(10) "Worksheet" means the applicable worksheet that is 20,159
used to calculate a parent's child support obligation and that is 20,160
set forth in divisions (E) and (F) of this section. 20,161
(11) "Nonrecurring or unsustainable income or cash flow 20,163
item" means any income or cash flow item that the parent receives 20,164
in any year or for any number of years not to exceed three years 20,165
and that the parent does not expect to continue to receive on a 20,166
regular basis. "Nonrecurring or unsustainable income or cash 20,167
flow item" does not include a lottery prize award that is not 20,168
paid in a lump sum or any other item of income or cash flow that 20,169
the parent receives or expects to receive for each year for a 20,170
period of more than three years or that the parent receives and 20,171
invests or otherwise utilizes to produce income or cash flow for 20,172
a period of more than three years. 20,173
453
(12) "Extraordinary medical expenses" means any uninsured 20,175
medical expenses that are incurred for a child during a calendar 20,176
year and that exceed one hundred dollars for that child during 20,177
that calendar year. 20,178
(B)(1) In any action in which a child support order is 20,180
issued or modified under Chapter 3115. or section 2151.23, 20,181
2151.231, 2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 20,182
3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 20,184
of the Revised Code, in any other proceeding in which the court 20,185
determines the amount of child support that will be ordered to be 20,186
paid pursuant to a child support order, or when a child support 20,187
enforcement agency determines the amount of child support that 20,188
will be paid pursuant to an administrative child support order 20,189
issued pursuant to sections 3111.20, 3111.211, and 3111.22 of the 20,190
Revised Code, the court or agency shall calculate the amount of 20,192
the obligor's child support obligation in accordance with the 20,193
basic child support schedule in division (D) of this section, the 20,194
applicable worksheet in division (E) or (F) of this section, and 20,195
the other provisions of this section, shall specify the support 20,196
obligation as a monthly amount due, and shall order the support 20,197
obligation to be paid in periodic increments as it determines to 20,198
be in the best interest of the children. In performing its 20,199
duties under this section, the court or agency is not required to 20,200
accept any calculations in a worksheet prepared by any party to 20,201
the action or proceeding. In any action or proceeding in which 20,202
the court determines the amount of child support that will be 20,203
ordered to be paid pursuant to a child support order or when a 20,204
child support enforcement agency determines the amount of child 20,205
support that will be paid pursuant to an administrative child 20,206
support order issued pursuant to sections 3111.20, 3111.211, and 20,207
3111.22 of the Revised Code, the amount of child support that 20,208
would be payable under a child support order, as calculated 20,210
pursuant to the basic child support schedule in division (D) of 20,211
this section and pursuant to the applicable worksheet in division 20,212
454
(E) of this section, through line 24, or in division (F) of this 20,213
section, through line 23, is rebuttably presumed to be the 20,214
correct amount of child support due, and the court or agency 20,215
shall order that amount to be paid as child support unless both 20,216
of the following apply with respect to an order issued by a 20,217
court:
(a) The court, after considering the factors and criteria 20,219
set forth in division (B)(3) of this section, determines that the 20,220
amount calculated pursuant to the basic child support schedule 20,221
and pursuant to the applicable worksheet in division (E) of this 20,222
section, through line 24, or in division (F) of this section, 20,223
through line 23, would be unjust or inappropriate and would not 20,224
be in the best interest of the child. 20,225
(b) The court enters in the journal the amount of child 20,227
support calculated pursuant to the basic child support schedule 20,228
and pursuant to the applicable worksheet in division (E) of this 20,229
section, through line 24, or in division (F) of this section, 20,230
through line 23, its determination that that amount would be 20,231
unjust or inappropriate and would not be in the best interest of 20,232
the child, and findings of fact supporting that determination. 20,233
(2) In determining the amount of child support to be paid 20,235
under any child support order, the court, upon its own 20,236
recommendation or upon the recommendation of the child support 20,237
enforcement agency, shall or the child support enforcement 20,238
agency, pursuant to sections 3111.20, 3111.211, and 3111.22 of 20,240
the Revised Code, shall do all of the following: 20,241
(a) If the combined gross income of both parents is less 20,243
than six thousand six hundred dollars per year, the court or 20,244
agency shall determine the amount of the obligor's child support 20,245
obligation on a case-by-case basis using the schedule as a 20,246
guideline. The court or agency shall review the obligor's gross 20,247
income and living expenses to determine the maximum amount of 20,248
child support that it reasonably can order without denying the 20,249
obligor the means for self-support at a minimum subsistence level 20,250
455
and shall order a specific amount of child support, unless the 20,251
obligor proves to the court or agency that the obligor is totally 20,252
unable to pay child support and the court or agency determines 20,253
that it would be unjust or inappropriate to order the payment of 20,254
child support and enters its determination and supporting 20,255
findings of fact in the journal. 20,256
(b) If the combined gross income of both parents is 20,258
greater than one hundred fifty thousand dollars per year, the 20,259
court or agency shall determine the amount of the obligor's child 20,260
support obligation on a case-by-case basis and shall consider the 20,261
needs and the standard of living of the children who are the 20,262
subject of the child support order and of the parents. When the 20,263
court or agency determines the amount of the obligor's child 20,264
support obligation for parents with a combined gross income 20,265
greater than one hundred fifty thousand dollars, the court or 20,266
agency shall compute a basic combined child support obligation 20,267
that is no less than the same percentage of the parents' combined 20,268
annual income that would have been computed under the basic child 20,269
support schedule and under the applicable worksheet in division 20,270
(E) of this section, through line 24, or in division (F) of this 20,271
section, through line 23, for a combined gross income of one 20,272
hundred fifty thousand dollars, unless the court or agency 20,273
determines that it would be unjust or inappropriate and would not 20,274
be in the best interest of the child, obligor, or obligee to 20,275
order that amount and enters in the journal the figure, 20,276
determination, and findings. 20,277
(c) The court shall not order an amount of child support 20,279
that deviates from the amount of child support that would 20,280
otherwise result from the use of the basic child support schedule 20,281
and the applicable worksheet in division (E) of this section, 20,282
through line 24, or in division (F) of this section, through line 20,283
23, unless both of the following apply: 20,284
(i) The court, after considering the factors and criteria 20,286
set forth in division (B)(3) of this section, determines that the 20,287
456
amount calculated pursuant to the basic child support schedule 20,288
and pursuant to the applicable worksheet in division (E) of this 20,289
section, through line 24, or in division (F) of this section, 20,290
through line 23, would be unjust or inappropriate and would not 20,291
be in the best interest of the child; 20,292
(ii) The court enters in the journal the amount of child 20,294
support calculated pursuant to the basic child support schedule 20,295
and pursuant to the applicable worksheet in division (E) of this 20,296
section, through line 24, or in division (F) of this section, 20,297
through line 23, its determination that that amount would be 20,298
unjust or inappropriate and would not be in the best interest of 20,299
the child, and findings of fact supporting that determination. 20,300
(3) The court, in accordance with divisions (B)(1) and 20,302
(2)(c) of this section, may deviate from the amount of support 20,303
that otherwise would result from the use of the schedule and the 20,304
applicable worksheet in division (E) of this section, through 20,305
line 24, or in division (F) of this section, through line 23, in 20,306
cases in which the application of the schedule and the applicable 20,307
worksheet in division (E) of this section, through line 24, or in 20,308
division (F) of this section, through line 23, would be unjust or 20,309
inappropriate and would not be in the best interest of the child. 20,310
In determining whether that amount would be unjust or 20,311
inappropriate and would not be in the best interest of the child, 20,312
the court may consider any of the following factors and criteria: 20,313
(a) Special and unusual needs of the children; 20,315
(b) Extraordinary obligations for minor children or 20,317
obligations for handicapped children who are not stepchildren and 20,318
who are not offspring from the marriage or relationship that is 20,319
the basis of the immediate child support determination; 20,320
(c) Other court-ordered payments; 20,322
(d) Extended times of visitation or extraordinary costs 20,324
associated with visitation, provided that this division does not 20,325
authorize and shall not be construed as authorizing any deviation 20,326
from the schedule and the applicable worksheet in division (E) of 20,327
457
this section, through line 24, or in division (F) of this 20,328
section, through line 23, or any escrowing, impoundment, or 20,329
withholding of child support because of a denial of or 20,330
interference with a right of companionship or visitation granted 20,331
by court order; 20,332
(e) The obligor obtains additional employment after a 20,334
child support order is issued in order to support a second 20,335
family; 20,336
(f) The financial resources and the earning ability of the 20,338
child; 20,339
(g) Disparity in income between parties or households; 20,341
(h) Benefits that either parent receives from remarriage 20,343
or sharing living expenses with another person; 20,344
(i) The amount of federal, state, and local taxes actually 20,346
paid or estimated to be paid by a parent or both of the parents; 20,347
(j) Significant in-kind contributions from a parent, 20,349
including, but not limited to, direct payment for lessons, sports 20,350
equipment, schooling, or clothing; 20,351
(k) The relative financial resources, other assets and 20,353
resources, and needs of each parent; 20,354
(l) The standard of living and circumstances of each 20,356
parent and the standard of living the child would have enjoyed 20,357
had the marriage continued or had the parents been married; 20,358
(m) The physical and emotional condition and needs of the 20,360
child; 20,361
(n) The need and capacity of the child for an education 20,363
and the educational opportunities that would have been available 20,364
to the child had the circumstances requiring a court order for 20,365
support not arisen; 20,366
(o) The responsibility of each parent for the support of 20,368
others; 20,369
(p) Any other relevant factor. 20,371
The court may accept an agreement of the parents that 20,373
assigns a monetary value to any of the factors and criteria 20,374
458
listed in division (B)(3) of this section that are applicable to 20,375
their situation. 20,376
(4) If an obligor or obligee under a child support order 20,378
requests the court to modify the amount of support required to be 20,379
paid pursuant to the child support order, the court shall 20,380
recalculate the amount of support that would be required to be 20,381
paid under the support order in accordance with the schedule and 20,382
pursuant to the applicable worksheet in division (E) of this 20,383
section, through line 24, or in division (F) of this section, 20,384
through line 23, and if that amount as recalculated is more than 20,385
ten per cent greater than or more than ten per cent less than the 20,386
amount of child support that is required to be paid pursuant to 20,387
the existing child support order, the deviation from the 20,388
recalculated amount that would be required to be paid under the 20,389
schedule and the applicable worksheet in division (E) of this 20,390
section, through line 24, or in division (F) of this section, 20,391
through line 23, shall be considered by the court as a change of 20,392
circumstance that is substantial enough to require a modification 20,393
of the amount of the child support order. In determining 20,394
pursuant to this division the recalculated amount of support that 20,395
would be required to be paid under the support order for purposes 20,396
of determining whether that recalculated amount is more than ten 20,397
per cent greater than or more than ten per cent less than the 20,398
amount of child support that is required to be paid pursuant to 20,399
the existing child support order, the court shall consider, in 20,400
addition to all other factors required by law to be considered, 20,401
the cost of health insurance which the obligor, the obligee, or 20,402
both the obligor and the obligee have been ordered to obtain for 20,403
the children specified in the order. Additionally, if an obligor 20,404
or obligee under a child support order requests the court to 20,405
modify the amount of support required to be paid pursuant to the 20,406
child support order and if the court determines that the amount 20,407
of support does not adequately meet the medical needs of the 20,408
child, the inadequate coverage shall be considered by the court 20,409
459
as a change of circumstance that is substantial enough to require 20,410
a modification of the amount of the child support order. If the 20,411
court determines that the amount of child support required to be 20,412
paid under the child support order should be changed due to a 20,413
substantial change of circumstances that was not contemplated at 20,414
the time of the issuance of the original child support order or 20,415
the last modification of the child support order, the court shall 20,416
modify the amount of child support required to be paid under the 20,417
child support order to comply with the schedule and the 20,418
applicable worksheet in division (E) of this section, through 20,419
line 24, or in division (F) of this section, through line 23, 20,420
unless the court determines that the amount calculated pursuant 20,421
to the basic child support schedule and pursuant to the 20,422
applicable worksheet in division (E) of this section, through 20,423
line 24, or in division (F) of this section, through line 23, 20,424
would be unjust or inappropriate and would not be in the best 20,425
interest of the child and enters in the journal the figure, 20,426
determination, and findings specified in division (B)(2)(c) of 20,427
this section. 20,428
(5) When a court computes the amount of child support 20,430
required to be paid under a child support order or a child 20,431
support enforcement agency computes the amount of child support 20,432
to be paid pursuant to an administrative child support order 20,433
issued pursuant to section 3111.20, 3111.211, or 3111.22 of the 20,435
Revised Code, all of the following apply: 20,436
(a) The parents shall verify current and past income and 20,438
personal earnings with suitable documents, including, but not 20,439
limited to, paystubs, employer statements, receipts and expense 20,440
vouchers related to self-generated income, tax returns, and all 20,441
supporting documentation and schedules for the tax returns. 20,442
(b) The amount of any pre-existing child support 20,444
obligation of a parent under a child support order and the amount 20,445
of any court-ordered spousal support paid to a former spouse 20,446
shall be deducted from the gross income of that parent to the 20,447
460
extent that payment under the child support order or that payment 20,448
of the court-ordered spousal support is verified by supporting 20,449
documentation. 20,450
(c) If other minor children who were born to the parent 20,453
and a person other than the other parent who is involved in the 20,455
immediate child support determination live with the parent, the 20,456
court or agency shall deduct an amount from that parent's gross 20,457
income that equals the number of such minor children times the 20,458
federal income tax exemption for such children less child support 20,459
received for them for the year, not exceeding the federal income 20,460
tax exemption. 20,461
(d) When the court or agency calculates the gross income 20,463
of a parent, it shall include the lesser of the following as 20,464
income from overtime and bonuses: 20,465
(i) The yearly average of all overtime and bonuses 20,467
received during the three years immediately prior to the time 20,468
when the person's child support obligation is being computed; 20,469
(ii) The total overtime and bonuses received during the 20,471
year immediately prior to the time when the person's child 20,472
support obligation is being computed. 20,473
(e) When the court or agency calculates the gross income 20,475
of a parent, it shall not include any income earned by the spouse 20,476
of that parent. 20,477
(f) The court shall not order an amount of child support 20,480
for reasonable and ordinary uninsured medical or dental expenses 20,481
in addition to the amount of the child support obligation 20,482
determined in accordance with the schedule. The court shall 20,483
issue a separate order for extraordinary medical or dental 20,484
expenses, including, but not limited to, orthodontia,
psychological, appropriate private education, and other expenses, 20,485
and may consider the expenses in adjusting a child support order. 20,486
(g) When a court or agency calculates the amount of child 20,488
support to be paid pursuant to a child support order or an 20,489
administrative child support order, if the combined gross income 20,490
461
of both parents is an amount that is between two amounts set 20,491
forth in the first column of the schedule, the court or agency 20,492
may use the basic child support obligation that corresponds to 20,493
the higher of the two amounts in the first column of the 20,494
schedule, use the basic child support obligation that corresponds 20,495
to the lower of the two amounts in the first column of the 20,496
schedule, or calculate a basic child support obligation that is 20,497
between those two amounts and corresponds proportionally to the 20,498
parents' actual combined gross income. 20,499
(h) When the court or agency calculates gross income, the 20,501
court or agency, when appropriate, may average income over a 20,502
reasonable period of years. 20,503
(6)(a) If the court issues a shared parenting order in 20,505
accordance with section 3109.04 of the Revised Code, the court 20,506
shall order an amount of child support to be paid under the child 20,507
support order that is calculated in accordance with the schedule 20,508
and with the worksheet set forth in division (E) of this section, 20,509
through line 24, except that, if the application of the schedule 20,510
and the worksheet, through line 24, would be unjust or 20,511
inappropriate to the children or either parent and would not be 20,512
in the best interest of the child because of the extraordinary 20,513
circumstances of the parents or because of any other factors or 20,514
criteria set forth in division (B)(3) of this section, the court 20,515
may deviate from the amount of child support that would be 20,516
ordered in accordance with the schedule and worksheet, through 20,517
line 24, shall consider those extraordinary circumstances and 20,518
other factors or criteria if it deviates from that amount, and 20,519
shall enter in the journal the amount of child support calculated 20,520
pursuant to the basic child support schedule and pursuant to the 20,521
applicable worksheet, through line 24, its determination that 20,522
that amount would be unjust or inappropriate and would not be in 20,523
the best interest of the child, and findings of fact supporting 20,524
that determination. 20,525
(b) For the purposes of this division, "extraordinary 20,527
462
circumstances of the parents" includes, but is not limited to, 20,528
all of the following: 20,529
(i) The amount of time that the children spend with each 20,531
parent; 20,532
(ii) The ability of each parent to maintain adequate 20,534
housing for the children; 20,535
(iii) Each parent's expenses, including, but not limited 20,537
to, child care expenses, school tuition, medical expenses, and 20,538
dental expenses. 20,539
(7)(a) In any action in which a child support order is 20,541
issued or modified under Chapter 3115. or section 2151.23, 20,542
2151.231, 2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 20,543
3109.05, 3109.19, 3111.13, 3113.04, or 3113.31 of the Revised 20,546
Code or in any other proceeding in which the court determines the 20,547
amount of child support that will be ordered to be paid pursuant 20,548
to a child support order and except as otherwise provided in this 20,549
division, the court shall issue a minimum support order requiring 20,550
the obligor to pay a minimum amount of fifty dollars a month for 20,551
child support under the child support order. The court, in its 20,552
discretion and in appropriate circumstances, may issue a minimum 20,553
support order requiring the obligor to pay an amount of child 20,554
support that is less than fifty dollars a month or not requiring 20,555
the obligor to pay an amount for support. The appropriate 20,556
circumstances for which a court may issue a minimum support order 20,557
requiring an obligor to pay an amount of child support that is 20,558
less than fifty dollars a month or not requiring the obligor to 20,559
pay an amount for support include, but are not limited to, the 20,560
nonresidential parent's medically verified or documented physical 20,561
or mental disability or institutionalization in a facility for 20,562
persons with a mental illness. If the court issues a minimum 20,563
support order pursuant to this division and the obligor under the 20,564
support order is the recipient of need-based public assistance, 20,565
any unpaid amounts of support due under the support order shall 20,566
accrue as arrearages from month to month, the obligor's current 20,567
463
obligation to pay the support due under the support order is 20,568
suspended during any period of time that the obligor is receiving 20,569
need-based public assistance and is complying with any seek work 20,570
orders issued pursuant to division (D)(4) of section 3113.21 of 20,571
the Revised Code, and the court, obligee, and child support 20,573
enforcement agency shall not enforce the obligation of the 20,574
obligor to pay the amount of support due under the support order 20,575
during any period of time that the obligor is receiving 20,576
need-based public assistance and is complying with any seek work 20,577
orders issued pursuant to division (D)(4) of section 3113.21 of 20,578
the Revised Code. 20,580
(b) Notwithstanding division (B)(7)(a) of this section, if 20,582
the amount of support payments that federal law requires or 20,583
permits to be disregarded in determining eligibility for aid 20,584
under Chapter 5107. of the Revised Code exceeds fifty dollars, 20,585
instead of fifty dollars the amount of a minimum support order 20,586
described in division (B)(7)(a) of this section shall be the 20,587
amount federal law requires or permits to be disregarded. 20,588
(C) Except when the parents have split parental rights and 20,590
responsibilities, a parent's child support obligation for a child 20,591
for whom the parent is the residential parent and legal custodian 20,592
shall be presumed to be spent on that child and shall not become 20,593
part of a child support order, and a parent's child support 20,594
obligation for a child for whom the parent is not the residential 20,595
parent and legal custodian shall become part of a child support 20,596
order. If the parents have split parental rights and 20,597
responsibilities, the child support obligations of the parents 20,598
shall be offset, and the court shall issue a child support order 20,599
requiring the parent with the larger child support obligation to 20,600
pay the net amount pursuant to the child support order. If 20,601
neither parent of a child who is the subject of a child support 20,602
order is the residential parent and legal custodian of the child 20,603
and the child resides with a third party who is the legal 20,604
custodian of the child, the court shall issue a child support 20,605
464
order requiring each parent to pay that parent's child support 20,607
obligation pursuant to the child support order. 20,608
Whenever a court issues a child support order, it shall 20,610
include in the order specific provisions for regular, holiday, 20,611
vacation, and special visitation in accordance with section 20,612
3109.05, 3109.11, or 3109.12 of the Revised Code or in accordance 20,613
with any other applicable section of the Revised Code. The court 20,614
shall not authorize or permit the escrowing, impoundment, or 20,615
withholding of any child support payment because of a denial of 20,616
or interference with a right of visitation included as a specific 20,617
provision of the child support order or as a method of enforcing 20,618
the specific provisions of the child support order dealing with 20,619
visitation. 20,620
(D) The following basic child support schedule shall be 20,622
used by all courts and child support enforcement agencies when 20,623
calculating the amount of child support that will be paid 20,624
pursuant to a child support order or an administrative child 20,625
support order, unless the combined gross income of the parents is 20,626
less than sixty-six hundred dollars or more than one hundred 20,627
fifty thousand dollars: 20,628
Basic Child Support Schedule 20,629
Combined 20,631
Gross Number of Children 20,633
Income One Two Three Four Five Six 20,636
6600 600 600 600 600 600 600 20,637
7200 600 600 600 600 600 600 20,638
7800 600 600 600 600 600 600 20,639
8400 600 600 600 600 600 600 20,640
9000 849 859 868 878 887 896 20,641
9600 1259 1273 1287 1301 1315 1329 20,642
10200 1669 1687 1706 1724 1743 1761 20,643
10800 2076 2099 2122 2145 2168 2192 20,644
11400 2331 2505 2533 2560 2588 2616 20,645
12000 2439 2911 2943 2975 3007 3039 20,646
465
12600 2546 3318 3354 3390 3427 3463 20,647
13200 2654 3724 3765 3806 3846 3887 20,648
13800 2761 4029 4175 4221 4266 4311 20,649
14400 2869 4186 4586 4636 4685 4735 20,650
15000 2976 4342 4996 5051 5105 5159 20,651
15600 3079 4491 5321 5466 5524 5583 20,652
16200 3179 4635 5490 5877 5940 6003 20,653
16800 3278 4780 5660 6254 6355 6423 20,654
17400 3378 4924 5830 6442 6771 6843 20,655
18000 3478 5069 5999 6629 7186 7262 20,656
18600 3578 5213 6169 6816 7389 7682 20,657
19200 3678 5358 6339 7004 7592 8102 20,658
19800 3778 5502 6508 7191 7796 8341 20,659
20400 3878 5647 6678 7378 7999 8558 20,660
21000 3977 5790 6847 7565 8201 8774 20,661
21600 4076 5933 7015 7750 8402 8989 20,662
22200 4176 6075 7182 7936 8602 9204 20,663
22800 4275 6216 7345 8116 8798 9413 20,664
23400 4373 6357 7509 8297 8994 9623 20,665
24000 4471 6498 7672 8478 9190 9832 20,666
24600 4570 6639 7836 8658 9386 10042 20,667
25200 4668 6780 8000 8839 9582 10251 20,668
25800 4767 6920 8163 9020 9778 10461 20,669
26400 4865 7061 8327 9200 9974 10670 20,670
27000 4963 7202 8490 9381 10170 10880 20,671
27600 5054 7332 8642 9548 10351 11074 20,672
28200 5135 7448 8776 9697 10512 11246 20,673
28800 5216 7564 8911 9845 10673 11418 20,674
29400 5297 7678 9045 9995 10833 11592 20,675
30000 5377 7792 9179 10143 10994 11764 20,676
30600 5456 7907 9313 10291 11154 11936 20,677
31200 5535 8022 9447 10439 11315 12107 20,678
31800 5615 8136 9581 10587 11476 12279 20,679
32400 5694 8251 9715 10736 11636 12451 20,680
466
33000 5774 8366 9849 10884 11797 12623 20,681
33600 5853 8480 9983 11032 11957 12794 20,682
34200 5933 8595 10117 11180 12118 12966 20,683
34800 6012 8709 10251 11328 12279 13138 20,684
35400 6091 8824 10385 11476 12439 13310 20,685
36000 6171 8939 10519 11624 12600 13482 20,686
36600 6250 9053 10653 11772 12761 13653 20,687
37200 6330 9168 10787 11920 12921 13825 20,688
37800 6406 9275 10913 12058 13071 13988 20,689
38400 6447 9335 10984 12137 13156 14079 20,690
39000 6489 9395 11055 12215 13242 14170 20,691
39600 6530 9455 11126 12294 13328 14261 20,692
40200 6571 9515 11197 12373 13413 14353 20,693
40800 6613 9575 11268 12451 13499 14444 20,694
41400 6653 9634 11338 12529 13583 14534 20,695
42000 6694 9693 11409 12607 13667 14624 20,696
42600 6735 9752 11479 12684 13752 14714 20,697
43200 6776 9811 11549 12762 13836 14804 20,698
43800 6817 9871 11619 12840 13921 14894 20,699
44400 6857 9930 11690 12917 14005 14985 20,700
45000 6898 9989 11760 12995 14090 15075 20,701
45600 6939 10049 11830 13073 14174 15165 20,702
46200 6978 10103 11897 13146 14251 15250 20,703
46800 7013 10150 11949 13203 14313 15316 20,704
47400 7048 10197 12000 13260 14375 15382 20,705
48000 7083 10245 12052 13317 14437 15448 20,706
48600 7117 10292 12103 13374 14498 15514 20,707
49200 7152 10339 12155 13432 14560 15580 20,708
49800 7187 10386 12206 13489 14622 15646 20,709
50400 7222 10433 12258 13546 14684 15712 20,710
51000 7257 10481 12309 13603 14745 15778 20,711
51600 7291 10528 12360 13660 14807 15844 20,712
52200 7326 10575 12412 13717 14869 15910 20,713
52800 7361 10622 12463 13774 14931 15976 20,714
467
53400 7396 10669 12515 13832 14992 16042 20,715
54000 7431 10717 12566 13889 15054 16108 20,716
54600 7468 10765 12622 13946 15120 16178 20,717
55200 7524 10845 12716 14050 15232 16298 20,718
55800 7582 10929 12814 14159 15350 16425 20,719
56400 7643 11016 12918 14273 15474 16558 20,720
57000 7704 11104 13021 14388 15598 16691 20,721
57600 7765 11192 13125 14502 15722 16824 20,722
58200 7825 11277 13225 14613 15842 16953 20,723
58800 7883 11361 13324 14723 15961 17079 20,724
59400 7941 11445 13423 14832 16079 17206 20,725
60000 8000 11529 13522 14941 16197 17333 20,726
60600 8058 11612 13620 15050 16315 17460 20,727
61200 8116 11696 13719 15160 16433 17587 20,728
61800 8175 11780 13818 15269 16552 17714 20,729
62400 8233 11864 13917 15378 16670 17840 20,730
63000 8288 11945 14011 15481 16783 17958 20,731
63600 8344 12024 14102 15582 16893 18075 20,732
64200 8399 12103 14194 15683 17002 18193 20,733
64800 8454 12183 14285 15784 17111 18310 20,734
65400 8510 12262 14376 15885 17220 18427 20,735
66000 8565 12341 14468 15986 17330 18544 20,736
66600 8620 12421 14559 16087 17439 18661 20,737
67200 8676 12500 14650 16188 17548 18778 20,738
67800 8731 12579 14741 16289 17657 18895 20,739
68400 8786 12659 14833 16390 17767 19012 20,740
69000 8842 12738 14924 16491 17876 19129 20,741
69600 8897 12817 15015 16592 17985 19246 20,742
70200 8953 12897 15107 16693 18094 19363 20,743
70800 9008 12974 15196 16791 18201 19476 20,744
71400 9060 13047 15281 16885 18302 19585 20,745
72000 9111 13120 15366 16979 18404 19694 20,746
72600 9163 13194 15451 17073 18506 19803 20,747
73200 9214 13267 15536 17167 18608 19912 20,748
468
73800 9266 13340 15621 17261 18709 20021 20,749
74400 9318 13413 15706 17355 18811 20130 20,750
75000 9369 13487 15791 17449 18913 20239 20,751
75600 9421 13560 15876 17543 19015 20347 20,752
76200 9473 13633 15961 17636 19116 20456 20,753
76800 9524 13707 16046 17730 19218 20565 20,754
77400 9576 13780 16131 17824 19320 20674 20,755
78000 9627 13853 16216 17918 19422 20783 20,756
78600 9679 13927 16300 18012 19523 20892 20,757
79200 9731 14000 16385 18106 19625 21001 20,758
79800 9782 14073 16470 18200 19727 21109 20,759
80400 9834 14147 16555 18294 19829 21218 20,760
81000 9885 14220 16640 18387 19930 21326 20,761
81600 9936 14292 16723 18480 20030 21434 20,762
82200 9987 14364 16807 18573 20131 21541 20,763
82800 10038 14439 16891 18665 20235 21651 20,764
83400 10090 14514 16979 18762 20340 21763 20,765
84000 10142 14589 17066 18859 20444 21875 20,766
84600 10194 14663 17154 18956 20549 21987 20,767
85200 10246 14738 17241 19052 20653 22099 20,768
85800 10298 14813 17329 19149 20758 22211 20,769
86400 10350 14887 17417 19246 20863 22323 20,770
87000 10403 14962 17504 19343 20967 22435 20,771
87600 10455 15037 17592 19440 21072 22547 20,772
88200 10507 15111 17679 19537 21176 22659 20,773
88800 10559 15186 17767 19633 21281 22771 20,774
89400 10611 15261 17855 19730 21386 22883 20,775
90000 10663 15335 17942 19827 21490 22995 20,776
90600 10715 15410 18030 19924 21595 23107 20,777
91200 10767 15485 18118 20021 21700 23219 20,778
91800 10819 15559 18205 20118 21804 23331 20,779
92400 10872 15634 18293 20215 21909 23443 20,780
93000 10924 15709 18380 20311 22013 23555 20,781
93600 10976 15783 18468 20408 22118 23667 20,782
469
94200 11028 15858 18556 20505 22223 23779 20,783
94800 11080 15933 18643 20602 22327 23891 20,784
95400 11132 16007 18731 20699 22432 24003 20,785
96000 11184 16082 18818 20796 22536 24115 20,786
96600 11236 16157 18906 20892 22641 24227 20,787
97200 11289 16231 18994 20989 22746 24339 20,788
97800 11341 16306 19081 21086 22850 24451 20,789
98400 11393 16381 19169 21183 22955 24563 20,790
99000 11446 16450 19255 21279 23062 24676 20,791
99600 11491 16516 19334 21366 23156 24777 20,792
100200 11536 16583 19413 21453 23250 24878 20,793
100800 11581 16649 19491 21539 23345 24978 20,794
101400 11625 16714 19569 21625 23437 25077 20,795
102000 11670 16779 19646 21710 23530 25177 20,796
102600 11714 16844 19724 21796 23623 25276 20,797
103200 11759 16909 19801 21881 23715 25375 20,798
103800 11803 16974 19879 21967 23808 25475 20,799
104400 11847 17039 19956 22052 23901 25574 20,800
105000 11892 17104 20034 22138 23994 25673 20,801
105600 11934 17167 20108 22220 24083 25769 20,802
106200 11979 17232 20186 22305 24176 25868 20,803
106800 12023 17297 20263 22391 24269 25968 20,804
107400 12068 17362 20341 22476 24361 26067 20,805
108000 12110 17425 20415 22559 24451 26162 20,806
108600 12155 17490 20493 22644 24543 26262 20,807
109200 12199 17555 20570 22730 24636 26361 20,808
109800 12243 17620 20648 22815 24729 26460 20,809
110400 12286 17683 20722 22897 24818 26556 20,810
111000 12331 17748 20800 22983 24911 26655 20,811
111600 12375 17813 20877 23068 25004 26755 20,812
112200 12419 17878 20955 23154 25096 26854 20,813
112800 12462 17941 21029 23236 25186 26949 20,814
113400 12506 18006 21107 23322 25278 27049 20,815
114000 12551 18071 21184 23407 25371 27148 20,816
470
114600 12595 18136 21262 23493 25464 27247 20,817
115200 12640 18202 21339 23578 25557 27347 20,818
115800 12682 18264 21414 23660 25646 27442 20,819
116400 12727 18329 21491 23746 25739 27542 20,820
117000 12771 18394 21569 23831 25832 27641 20,821
117600 12815 18460 21646 23917 25924 27740 20,822
118200 12858 18522 21721 23999 26013 27836 20,823
118800 12902 18587 21798 24084 26106 27935 20,824
119400 12947 18652 21876 24170 26199 28034 20,825
120000 12991 18718 21953 24256 26292 28134 20,826
120600 13034 18780 22028 24338 26381 28229 20,827
121200 13078 18845 22105 24423 26474 28329 20,828
121800 13123 18910 22183 24509 26567 28428 20,829
122400 13167 18976 22260 24594 26659 28527 20,830
123000 13210 19038 22335 24676 26749 28623 20,831
123600 13254 19103 22412 24762 26841 28722 20,832
124200 13299 19168 22490 24847 26934 28821 20,833
124800 13343 19234 22567 24933 27027 28921 20,834
125400 13386 19296 22642 25015 27116 29016 20,835
126000 13430 19361 22719 25101 27209 29115 20,836
126600 13474 19426 22797 25186 27302 29215 20,837
127200 13519 19492 22874 25272 27395 29314 20,838
127800 13561 19554 22949 25354 27484 29410 20,839
128400 13606 19619 23026 25439 27576 29509 20,840
129000 13650 19684 23104 25525 27669 29608 20,841
129600 13695 19750 23181 25610 27762 29708 20,842
130200 13739 19815 23259 25696 27855 29807 20,843
130800 13783 19879 23335 25780 27946 29905 20,844
131400 13828 19945 23414 25868 28041 30007 20,845
132000 13874 20012 23494 25955 28136 30108 20,846
132600 13919 20079 23573 26043 28231 30210 20,847
133200 13963 20143 23649 26127 28323 30308 20,848
133800 14008 20210 23729 26215 28418 30410 20,849
134400 14054 20276 23808 26302 28513 30511 20,850
471
135000 14099 20343 23887 26390 28608 30613 20,851
135600 14143 20407 23964 26474 28699 30711 20,852
136200 14188 20474 24043 26561 28794 30813 20,853
136800 14234 20541 24123 26649 28889 30914 20,854
137400 14279 20607 24202 26737 28984 31016 20,855
138000 14323 20671 24278 26821 29075 31114 20,856
138600 14368 20738 24358 26908 29170 31215 20,857
139200 14414 20805 24437 26996 29265 31317 20,858
139800 14459 20872 24516 27083 29361 31419 20,859
140400 14503 20936 24593 27168 29452 31517 20,860
141000 14549 21002 24672 27255 29547 31618 20,861
141600 14594 21069 24751 27343 29642 31720 20,862
142200 14639 21136 24831 27430 29737 31822 20,863
142800 14683 21200 24907 27515 29828 31920 20,864
143400 14729 21267 24986 27602 29923 32021 20,865
144000 14774 21333 25066 27690 30018 32123 20,866
144600 14820 21400 25145 27777 30113 32225 20,867
145200 14865 21467 25225 27865 30208 32327 20,868
145800 14909 21531 25301 27949 30300 32424 20,869
146400 14963 21596 25377 28041 30396 32526 20,870
147000 15006 21659 25452 28124 30486 32622 20,871
147600 15049 21722 25527 28207 30576 32718 20,872
148200 15090 21782 25599 28286 30662 32810 20,873
148800 15133 21845 25674 28369 30752 32907 20,874
149400 15176 21908 25749 28452 30842 33003 20,875
150000 15218 21971 25823 28534 30931 33099 20,876
(E) When a court or child support enforcement agency 20,879
calculates the amount of child support that will be required to 20,880
be paid pursuant to a child support order or an administrative 20,881
child support order in a proceeding in which one parent is the 20,882
residential parent and legal custodian of all of the children who 20,883
are the subject of the child support order or the court issues a 20,884
shared parenting order, the court or child support enforcement 20,885
agency shall use a worksheet that is identical in content and 20,886
472
form to the following worksheet: 20,887
"Worksheet 20,888
............... County Domestic Relations Court (or) 20,889
............... County Child Support Enforcement Agency 20,890
Child Support Computation 20,891
Sole Residential Parent or 20,892
Shared Parenting Order 20,893
Name of parties ................................................. 20,895
Case No. .......... 20,897
Number of minor children ...... The following parent was 20,899
designated as the residential parent and legal custodian 20,900
(disregard if shared parenting order): 20,901
............. mother; ............ father. 20,903
Father has ..... pay periods annually; mother has ..... pay 20,905
periods annually. 20,906
Column I Column II Column III 20,908
Father Mother Combined
1a. Annual gross income from 20,911
employment or, when
determined appropriate by 20,912
the court or agency,
average annual gross income
from employment over a
reasonable period of years 20,913
(exclude overtime and
bonuses)................... $...... $...... 20,915
b. Amount of overtime and 20,916
bonuses Father Mother 20,917
Yr. 3 20,918
(Three years ago) $...... $...... 20,920
Yr. 2 20,921
(Two years ago) $...... $...... 20,923
Yr. 1 20,924
(Last calendar year) $...... $...... 20,926
473
Average: $...... $...... 20,928
(Include in Column I and/or 20,929
Column II the average of
the three years or the year 20,930
1 amount, whichever is
less, if there exists a
reasonable expectation that 20,931
the total earnings from
overtime and/or bonuses
during the current calendar 20,932
year will meet or exceed
the amount that is the
lower of the average of the 20,933
three years or the year 1
amount. If, however, there
exists a reasonable 20,934
expectation that the total
earnings from
overtime/bonuses during the 20,935
current calendar year will
be less than the lower of
the average of the three 20,936
years or the year 1 amount,
include only the amount
reasonably expected to be 20,937
earned this year.)......... $...... $...... 20,938
2. Annual income from interest 20,939
and dividends (whether or
not taxable)............... $...... $...... 20,941
3. Annual income from 20,942
unemployment compensation.. $...... $...... 20,943
4. Annual income from workers' 20,944
compensation or disability
insurance benefits......... $...... $...... 20,946
474
5. Other annual income 20,947
(identify)................. $...... $...... 20,948
6. Total annual gross income 20,949
(add lines 1-5)............ $...... $...... 20,950
7. Annual court-ordered support 20,951
paid for other children.... $...... $...... 20,952
8. Adjustment for minor 20,953
children born to either
parent and another parent, 20,954
which children are living
with this parent (number of
children times federal 20,955
income tax exemption less
child support received for
the year, not to exceed the 20,956
federal tax exemption)..... $...... $...... 20,957
9. Annual court-ordered spousal 20,958
support paid to a former
spouse..................... $...... $...... 20,960
10. Amount of local income taxes 20,961
actually paid or estimated
to be paid................. $...... $...... 20,963
11. For self-employed 20,964
individuals, deduct 5.6% of
adjusted gross income or 20,965
the actual marginal
difference between the
actual rate paid by the
self-employed individual 20,966
and the F.I.C.A. rate...... $...... $...... 20,967
12. For self-employed 20,968
individuals, deduct
ordinary and necessary
business expenses.......... $...... $...... 20,970
475
13. Total gross income 20,971
adjustments (add lines
7-12)...................... $...... $...... 20,972
14. Adjusted annual gross income 20,973
(subtract line 13 from line
6)......................... $...... $...... 20,975
15. Combined annual income that 20,976
is basis for child support
order (add line 14, Col. I 20,977
and Col. II)......................... $......
16. Percentage parent's income 20,978
to total income
a. Father (divide line 14, Col. 20,979
I by line 15, Col. III) .........% 20,980
b. Mother (divide line 14, Col. 20,981
II by line 15, Col. III) .......... + .......% = 100% 20,982
17. Basic combined child support 20,983
obligation (Refer to basic
child support schedule in 20,984
division (D) of section
3113.215 of the Revised
Code; in the first column 20,985
of the schedule, locate the
sum that is nearest to the
combined annual income 20,986
listed in line 15, Col. III
of this worksheet, then
refer to the column of the 20,987
schedule that corresponds
to the number of children
in this family. If the 20,988
income of the parents is
more than one sum, and less
than another sum, in the 20,989
476
first column of the
schedule, you may calculate
the basic combined child 20,990
support obligation based
upon the obligation for
those two sums.)........... $...... 20,992
18. Annual child care expenses 20,993
for the children who are
the subject of this order 20,994
that are work, employment
training, or education 20,995
related, as approved by the
court or agency (deduct the
tax credit from annual 20,996
cost, whether or not
claimed)................... $...... $...... 20,997
19. Marginal, out-of-pocket 20,998
costs, necessary to provide
for health insurance for 20,999
the children who are the
subject of this order...... $...... $...... 21,000
20. Total child care and medical 21,001
expenses (add lines 18 and
19, Column I and Column II). $...... $...... 21,003
21. Combined annual child 21,004
support obligation for this
family (add lines 17 and 21,005
20, Column I and Column II). ....... $...... 21,006
22. Annual support 21,007
obligation/parent
a. Father (multiply line 21, 21,008
Col. III, by line 16a)..... $...... 21,009
b. Mother (multiply line 21, 21,010
Col. III, by line 16b)..... $...... 21,011
477
23. Adjustment for actual 21,012
expenses paid for annual
child care expenses and 21,013
marginal, out-of-pocket
costs, necessary to provide
for health insurance (enter 21,014
number from line 18 or 19
if applicable)............. $...... $...... 21,015
24. Actual annual obligation 21,016
(subtract line 23 from line
22a or 22b)................ $...... $...... 21,018
25. Gross household income per 21,019
party after exchange of
child support (add lines 14 21,021
and 24 Column I or II for
residential parent or, in 21,022
the case of shared 21,023
parenting order, the parent
to whom child support will
be paid; subtract line 24 21,024
Column I or II from line 14
for parent who is not the
residential parent or, in 21,025
the case of shared
parenting order, the parent
who will pay child support). $...... $...... 21,027
26. Comments, rebuttal, or 21,028
adjustments to correct
figures in lines 24, Column 21,029
I and 24, Column II if they
would be unjust or
inappropriate and would not 21,030
be in best interest of the
child or children (specific
478
facts to support
adjustments must be 21,031
included).................. $...... $...... 21,032
................................................................. 21,034
................................................................. 21,035
................................................................. 21,036
(Addendum sheet may be attached) 21,037
27. Final figure (this amount 21,039
reflects final annual child
support obligation)........ $...... father/mother 21,041
obligor
28. For decree: child support 21,044
per child per week or per
month (divide obligor's 21,045
annual share, line 27, by
12 or 52 and by number of
children).................. $...... 21,047
29. For deduction order: child 21,048
support per pay period
(calculate support per pay 21,049
period from figure on line
28) plus appropriate
processing charge. $...... 21,051
Calculations have been reviewed. 21,054
Signatures .............................. 21,056
Father 21,057
I do/do not consent. 21,058
Sworn to before me and subscribed in my presence, this 21,060
..... day of .........., 19... 21,061
.............................. 21,063
Notary Public 21,064
.............................. 21,065
Mother 21,066
I do/do not consent. 21,067
479
Sworn to before me and subscribed in my presence, this 21,070
..... day of .........., 19... 21,071
.............................. 21,072
Notary Public 21,073
.............................. .............................. 21,074
Attorney for Father Attorney for Mother" 21,076
(F) When a court or child support enforcement agency 21,079
calculates the amount of child support that will be required to 21,080
be paid pursuant to a child support order in a proceeding in 21,081
which both parents have split parental rights and 21,082
responsibilities with respect to the children who are the subject 21,083
of the child support order, the court or child support 21,084
enforcement agency shall use a worksheet that is identical in 21,085
content and form to the following worksheet: 21,086
"Worksheet 21,087
............... County Domestic Relations Court (or) 21,088
............... County Child Support Enforcement Agency 21,089
Child Support Computation 21,090
Split Parental Rights and Responsibilities 21,091
Name of parties ............................. 21,093
Case No. .......... 21,095
Number of minor children ...... The following parent was 21,097
designated residential parent and legal custodian: 21,098
............ mother; ............ father. 21,100
Father has ..... pay periods annually; mother has ..... pay 21,102
periods annually.
Column I Column II Column III 21,104
Father Mother Combined
1a. Annual gross income from 21,107
employment or, when
determined to be
appropriate by the court or 21,108
agency, average annual
gross income from
480
employment over a 21,109
reasonable period of years
(exclude overtime and
bonuses)................... $...... $...... 21,111
b. Amount of overtime and 21,112
bonuses Father Mother 21,113
Yr. 3 21,114
(Three years ago) $...... $...... 21,115
Yr. 2 21,116
(Two years ago) $...... $...... 21,117
Yr. 1 21,118
(Last calendar year) $...... $...... 21,119
Average: $...... $...... 21,120
(Include in Column I and/or 21,121
Column II the average of
the three years or the year 21,122
1 amount, whichever is
less, if there exists a
reasonable expectation that 21,123
the total earnings from
overtime and/or bonuses 21,124
during the current calendar
year will meet or exceed
the amount that is the 21,125
lower of the average of the
three years or the year 1
amount. If, however, there 21,126
exists a reasonable 21,127
expectation that the total
earnings from
overtime/bonuses during the 21,128
current calendar year will
be less than the lower of
the average of the three 21,129
481
years or the year 1 amount,
include only the amount
reasonably expected to be 21,131
earned this year.)......... $...... $....... 21,132
2. Annual income from interest 21,133
and dividends (whether or
not taxable)............... $...... $...... 21,135
3. Annual income from 21,136
unemployment compensation.. $...... $...... 21,137
4. Annual income from workers' 21,138
compensation or disability
insurance benefits......... $...... $...... 21,140
5. Other annual income 21,141
(identify)................. $...... $...... 21,142
6. Total annual gross income 21,143
(add lines 1-5)............ $...... $...... 21,144
7. Annual court-ordered support 21,145
paid for other children.... $...... $...... 21,146
8. Adjustment for minor 21,147
children born to either
parent and another parent, 21,148
which children are living
with this parent (number of
children times federal 21,149
income tax exemption less
child support received for
the year, not to exceed the 21,150
federal tax exemption)..... $...... $...... 21,151
9. Annual court-ordered spousal 21,152
support paid to a former
spouse..................... $...... $...... 21,154
10. Amount of local income taxes 21,155
actually paid or estimated
to be paid................. $...... $...... 21,157
482
11. For self-employed 21,158
individuals, deduct 5.6% of
adjusted gross income or 21,159
the actual marginal
difference between the
actual rate paid by the
self-employed individual 21,160
and the F.I.C.A. rate...... $...... $...... 21,161
12. For self-employed 21,162
individuals, deduct
ordinary and necessary
business expenses.......... $...... $...... 21,164
13. Total gross income 21,165
adjustments (add lines
7-12)...................... $...... $...... 21,166
14. Adjusted annual gross income 21,167
(subtract line 13 from line
6)......................... $...... $...... 21,169
15. Combined annual income that 21,170
is basis for child support
order (add line 14, Col. I 21,171
and Col. II)............... $..... 21,172
16. Percentage parent's income 21,173
to total income
a. Father (divide line 14, Col. 21,174
I by line 15, Col. III) .........% 21,175
b. Mother (divide line 14, Col. 21,176
II by line 15, Col. III)... + .......% = 100% 21,177
17. Basic combined child support 21,178
obligation/household
a. For children for whom the 21,179
father is the residential
parent and legal custodian 21,180
(Refer to basic child
483
support schedule in
division (D) of section 21,181
3113.215 of the Revised
Code; in the first column
of the schedule, locate the 21,182
sum that is nearest to the
combined annual income
listed in line 15, Col. III 21,183
of this worksheet, then
refer to the column of the
schedule that corresponds 21,184
to the number of children
for whom the father is the
residential parent and 21,185
legal custodian. If the
income of the parents is
more than one sum, and less 21,186
than another sum, in the
first column of the
schedule, you may calculate 21,187
the basic combined child
support obligation based
upon the obligation for 21,188
those two sums.)........... $...... 21,189
b. For children for whom the 21,190
mother is the residential
parent and the legal 21,191
custodian. (Refer to basic
child support schedule in
division (D) of section 21,192
3113.215 of the Revised
Code; in the first column 21,193
of the schedule, locate the
sum that is nearest to the
484
combined annual income 21,194
listed in line 15, Col. III
of this worksheet, then
refer to the column of the 21,195
schedule that corresponds
to the number of children
for whom the mother is the 21,196
residential parent and the 21,197
legal custodian. If the
income of the parents is
more than one sum, and less 21,198
than another sum, in the
first column of the
schedule, you may calculate 21,199
the basic combined child
support obligation based
upon the obligation for 21,200
those two sums.)........... $...... 21,201
18. Annual child care expenses 21,202
for the children who are
the subject of this order 21,203
that are work, employment
training, or education 21,204
related, as approved by the
court or agency (deduct the
tax credit from annual 21,205
cost, whether or not
claimed)
a. Expenses paid by the father. $...... 21,207
b. Expenses paid by the mother. $...... 21,209
19. Marginal, out-of-pocket 21,210
costs, necessary to provide
for health insurance for 21,211
the children who are the
485
subject of this order
a. Costs paid by the father.... $...... 21,213
b. Costs paid by the mother.... $...... 21,215
20. Total annual child care and 21,216
medical expenses
a. Of father (add lines 18a and 21,217
19a)....................... $...... 21,218
b. Of mother (add lines 18b and 21,219
19b)....................... $...... 21,220
21. Total annual child support 21,221
obligation
a. Of father for child(ren) for 21,222
whom the mother is the
residential parent and 21,223
legal custodian (add lines
20a and 17b and multiply by
line 16a).................. $...... 21,225
b. Of mother for child(ren) for 21,226
whom the father is the
residential parent and 21,227
legal custodian (add lines
20b and 17a and multiply by 21,228
line 16b).................. $...... 21,229
22. Adjustment for actual 21,230
expenses paid for annual
child care expenses, and 21,231
marginal, out-of-pocket
costs, necessary to provide
for health insurance
a. For father (enter number 21,232
from line 20a)............. $...... 21,233
b. For mother (enter number 21,234
from line 20b)............. $...... 21,235
486
23. Actual annual obligation 21,236
(subtract line 22a from
line 21a and insert in 21,237
Column I; subtract line 22b
from line 21b and insert in
Column II)................. $...... $...... 21,239
24. Net annual support 21,240
obligation (greater amount
on line 23 Column I or line 21,241
23 Column II minus lesser
amount on line 23 Column I
or line 23 Column II)...... $...... $...... 21,243
25. Gross household income per 21,244
party after exchange of
child support.............. $...... $...... 21,246
(add line 14 and line 24 21,247
for the parent receiving a
child support payment; 21,248
subtract line 24 from line
14 for the parent making a
child support payment) 21,249
26. Comments, rebuttal, or 21,250
adjustments to correct
figures in lines 24, Column 21,251
I and 24, Column II if they
would be unjust or
inappropriate and would not 21,252
be in best interest of the
children (specific facts to
support adjustments must be 21,253
included).................. $...... $...... 21,254
................................................................. 21,256
................................................................. 21,257
................................................................. 21,258
487
(Addendum sheet may be attached) 21,259
27. Final figure (this amount 21,261
reflects final annual child
support obligation)........ $...... father/mother 21,263
obligor
28. For decree: child support 21,266
per child per week or per
month (divide obligor's 21,267
annual share, line 27, by
12 or 52 and by the number
of children)............... $...... 21,269
29. For deduction order: child 21,270
support per day (calculate
support per pay period from 21,271
figure on line 28) and add
appropriate processing 21,272
charge. $...... 21,273
Calculations have been reviewed. 21,276
Signatures .............................. 21,278
Father 21,279
I do/do not consent. 21,280
Sworn to before me and subscribed in my presence, this 21,283
..... day of .........., 19... 21,284
.............................. 21,286
Notary Public 21,287
.............................. 21,288
Mother 21,289
I do/do not consent. 21,290
Sworn to before me and subscribed in my presence, this 21,293
..... day of .........., 19... 21,294
.............................. 21,296
Notary Public 21,297
.............................. .............................. 21,298
Attorney for Father Attorney for Mother" 21,299
488
(G) At least once every four years, the department of 21,302
human JOB AND FAMILY services shall review the basic child 21,303
support schedule set forth in division (D) of this section to 21,304
determine whether support orders issued in accordance with the 21,305
schedule and the applicable worksheet in division (E) of this 21,306
section, through line 24, or in division (F) of this section, 21,307
through line 23, adequately provide for the needs of the children 21,308
who are subject to the support orders, prepare a report of its 21,309
review, and submit a copy of the report to both houses of the 21,310
general assembly. For each review, the department shall 21,311
establish a child support guideline advisory council to assist 21,312
the department in the completion of its reviews and reports. 21,314
Each council shall be composed of obligors, obligees, judges of 21,315
courts of common pleas who have jurisdiction over domestic 21,316
relations cases, attorneys whose practice includes a significant 21,317
number of domestic relations cases, representatives of child 21,318
support enforcement agencies, other persons interested in the 21,319
welfare of children, three members of the senate appointed by the 21,320
president of the senate, no more than two of whom are members of 21,321
the same party, and three members of the house of representatives 21,322
appointed by the speaker of the house, no more than two of whom 21,323
are members of the same party. The department shall consider 21,324
input from the council prior to the completion of any report 21,325
under this section. The advisory council shall cease to exist at 21,326
the time that it submits its report to the general assembly. Any 21,327
expenses incurred by an advisory council shall be paid by the 21,329
department.
On or before March 1, 1993, the department shall submit its 21,331
initial report under this division to both houses of the general 21,332
assembly. On or before the first day of March of every fourth 21,333
year after 1993, the department shall submit a report under this 21,334
division to both houses of the general assembly. 21,335
Sec. 3113.216. (A) As used in this section, "obligor" and 21,344
"obligee" have the same meanings as in section 3113.21 of the 21,345
489
Revised Code.
(B) No later than October 13, 1990, the department 21,347
DIRECTOR of human JOB AND FAMILY services shall adopt rules 21,348
pursuant to Chapter 119. of the Revised Code establishing a 21,350
procedure for determining when existing child support orders 21,351
should be reviewed to determine whether it is necessary and in 21,352
the best interest of the children who are the subject of the 21,353
child support order to change the child support order. The rules 21,354
shall include, but are not limited to, all of the following: 21,355
(1) Any procedures necessary to comply with section 21,357
666(a)(10) of Title 42 of the U.S. Code, "Family Support Act of 21,358
1988," 102 Stat. 2346, 42 U.S.C. 666(a)(10), as amended, and any 21,359
regulations adopted pursuant to, or to enforce, that section; 21,360
(2) Procedures for determining what child support orders 21,362
are to be subject to review upon the request of either the 21,363
obligor or the obligee or periodically by the child support 21,364
enforcement agency administering the child support order; 21,365
(3) Procedures for the child support enforcement agency to 21,367
periodically review and to review, upon the request of the 21,368
obligor or the obligee, any child support order that is subject 21,369
to review to determine whether the amount of child support paid 21,370
under the child support order should be adjusted in accordance 21,371
with the basic child support schedule set forth in division (D) 21,372
of section 3113.215 of the Revised Code or whether the provisions 21,373
for the child's health care needs under the child support order 21,374
should be modified in accordance with section 3113.217 of the 21,375
Revised Code;
(4) Procedures for giving obligors and obligees notice of 21,377
their right to request a review of a child support order that is 21,378
determined to be subject to review, notice of any proposed 21,379
revision of the amount of child support to be paid under the 21,380
child support order, notice of the procedures for requesting a 21,381
hearing on any proposed revision of the amount of child support 21,382
to be paid under a child support order, notice of any 21,383
490
administrative hearing to be held on a proposed revision of the 21,384
amount of child support to be paid under a child support order, 21,385
at least sixty days' prior notice of any review of their child 21,386
support order, and notice that a failure to comply with any 21,387
request for documents or information to be used in the review of 21,388
a child support order is contempt of court; 21,389
(5) Procedures for obtaining the necessary documents and 21,391
information necessary to review child support orders and for 21,392
holding administrative hearings on a proposed revision of the 21,393
amount of child support to be paid under a child support order; 21,394
(6) Procedures for adjusting child support orders in 21,396
accordance with the basic child support schedule set forth in 21,397
division (D) of section 3113.215 of the Revised Code and the 21,398
applicable worksheet in division (E) of that section, through 21,399
line 24, or in division (F) of that section, through line 23; 21,400
(7) Procedures for adjusting the provisions of the child 21,402
support order governing the health care needs of the child 21,403
pursuant to section 3113.217 of the Revised Code. 21,404
(C)(1) If a child support enforcement agency, periodically 21,406
or upon request of an obligor or obligee, plans to review a child 21,407
support order in accordance with the rules adopted pursuant to 21,408
division (B) of this section or otherwise plans to review a child 21,409
support order, it shall do all of the following prior to formally 21,410
beginning the review: 21,411
(a) Establish a date certain upon which the review will 21,413
formally begin; 21,414
(b) At least sixty days before formally beginning the 21,416
review, send the obligor and the obligee notice of the planned 21,417
review and of the date when the review will formally begin; 21,418
(c) Request the obligor to provide the agency, no later 21,420
than the scheduled date for formally beginning the review, with a 21,421
copy of the obligor's federal income tax return from the previous 21,422
year, a copy of all pay stubs obtained by the obligor within the 21,423
preceding six months, a copy of all other records evidencing the 21,424
491
receipt of any other salary, wages, or compensation by the 21,425
obligor within the preceding six months, a list of the group 21,426
health insurance and health care policies, contracts, and plans 21,427
available to the obligor and their costs, the current health 21,428
insurance or health care policy, contract, or plan under which 21,429
the obligor is enrolled and its cost, and any other information 21,431
necessary to properly review the child support order, and request 21,432
the obligee to provide the agency, no later than the scheduled 21,433
date for formally beginning the review, with a copy of the 21,434
obligee's federal income tax return from the previous year, a
copy of all pay stubs obtained by the obligee within the 21,435
preceding six months, a copy of all other records evidencing the 21,436
receipt of any other salary, wages, or compensation by the 21,437
obligee within the preceding six months, a list of the group 21,438
health insurance and health care policies, contracts, and plans 21,439
available to the obligee and their costs, the current health 21,440
insurance or health care policy, contract, or plan under which 21,441
the obligee is enrolled and its cost, and any other information 21,443
necessary to properly review the child support order;
(d) Include in the notice sent pursuant to division 21,445
(C)(1)(b) of this section, a notice that a willful failure to 21,446
provide the documents and other information requested pursuant to 21,447
division (C)(1)(c) of this section is contempt of court. 21,448
(2) If either the obligor or the obligee fails to comply 21,450
with a request for information made pursuant to division 21,451
(C)(1)(c) of this section, it is contempt of court, and the 21,452
agency shall notify the court of the failure to comply with the 21,453
request for information. The agency may request the court to 21,454
issue an order requiring the obligor or the obligee to provide 21,455
the information as requested or take whatever action is necessary 21,456
to obtain the information and make any reasonable assumptions 21,457
necessary with respect to the information the person in contempt 21,459
of court did not provide to ensure a fair and equitable review of 21,460
the child support order. If the agency decides to conduct the 21,462
492
review based on reasonable assumptions with respect to the 21,464
information the person in contempt of court did not provide, it 21,466
shall proceed under division (C)(3) of this section in the same 21,468
manner as if all requested information has been received. 21,469
(3) Upon the date established pursuant to division 21,471
(C)(1)(a) of this section for formally beginning the review of a 21,472
child support order, the agency shall review the child support 21,473
order and shall do all of the following: 21,474
(a) Calculate a revised amount of child support to be paid 21,476
under the child support order; 21,477
(b) Give the obligor and obligee notice of the revised 21,479
amount of child support to be paid under the child support order, 21,480
of their right to request an administrative hearing on the 21,481
revised amount of child support, of the procedures and time 21,482
deadlines for requesting the hearing, and that the revised amount 21,483
of child support will be submitted to the court for inclusion in 21,484
a revised child support order unless the obligor or obligee 21,485
requests an administrative hearing on the proposed change within 21,486
thirty days after receipt of the notice under this division; 21,487
(c) If neither the obligor nor the obligee timely requests 21,489
an administrative hearing on the revised amount of child support 21,490
to be paid under the child support order, submit the revised 21,491
amount of child support to the court for inclusion in a revised 21,492
child support order; 21,493
(d) If the obligor or the obligee timely requests an 21,495
administrative hearing on the revised amount of child support to 21,496
be paid under the child support order, the agency shall schedule 21,497
a hearing on the issue, give the obligor and obligee notice of 21,498
the date, time, and location of the hearing, conduct the hearing 21,499
in accordance with the rules adopted under division (B) of this 21,500
section, redetermine at the hearing a revised amount of child 21,501
support to be paid under the child support order, and give notice 21,502
of all of the following to the obligor and obligee: 21,503
(i) The revised amount of child support to be paid under 21,505
493
the child support order; 21,506
(ii) That they may request a court hearing on the revised 21,508
amount of child support; 21,509
(iii) That the agency will submit the revised amount of 21,511
child support to the court for inclusion in a revised child 21,512
support order, if neither the obligor nor the obligee requests a 21,513
court hearing on the revised amount of child support. 21,514
(e) If neither the obligor nor the obligee requests a 21,516
court hearing on the revised amount of child support to be paid 21,517
under the child support order, submit the revised amount of child 21,518
support to the court for inclusion in a revised child support 21,519
order. 21,520
(4) In calculating a revised amount of child support to be 21,522
paid under a child support order under division (C)(3)(a) of this 21,523
section, and in redetermining, at an administrative hearing 21,524
conducted under division (C)(3)(d) of this section, a revised 21,525
amount of child support to be paid under a child support order, 21,526
the child support enforcement agency shall consider, in addition 21,527
to all other factors required by law to be considered, the 21,528
following: 21,529
(a) The appropriate person, whether it is the obligor, 21,531
obligee, or both, to be required in accordance with section 21,532
3113.217 of the Revised Code to provide health insurance coverage 21,533
for the children specified in the order;
(b) The cost of health insurance coverage which the 21,536
obligor, the obligee, or both have been ordered to obtain in 21,537
accordance with section 3113.217 of the Revised Code for the 21,538
children specified in the order. 21,539
(D) If an obligor or obligee files a request for a court 21,541
hearing on a revised amount of child support to be paid under a 21,542
child support order in accordance with division (C) of this 21,543
section and the rules adopted under division (B) of this section, 21,544
the court shall conduct a hearing in accordance with division 21,545
(C)(1)(c) of section 3113.21 of the Revised Code. 21,546
494
(E) A child support enforcement agency is not required to 21,548
review a child support order pursuant to this section if the 21,549
review is not otherwise required by section 666(a)(10) of Title 21,550
42 of the U.S. Code, "Family Support Act of 1988," 102 Stat. 21,551
2346, 42 U.S.C. 666(a)(10), as amended, and any regulations 21,552
adopted pursuant to, or to enforce, that section and if either of 21,553
the following apply: 21,554
(1) The obligee has made an assignment under section 21,556
5107.20 of the Revised Code of the right to receive child support 21,558
payments, the agency determines that the review would not be in 21,559
the best interest of the children who are the subject of the 21,560
child support order, and neither the obligor nor the obligee has 21,561
requested that the review be conducted; 21,562
(2) The obligee has not made an assignment under section 21,564
5107.20 of the Revised Code of the right to receive child support 21,566
payments, AND neither the obligor nor the obligee has requested 21,567
that the review be conducted. 21,568
Sec. 3113.99. (A) For purposes of this section: 21,577
(1) "Child support order" means an order for support 21,579
issued or modified under Chapter 3115. or section 2151.23, 21,580
2151.231, 2151.232, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 21,582
3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised 21,583
Code.
(2) "Obligor" means a person who is required to pay 21,585
support under a child support order. 21,586
(B) Whoever violates section 3113.06 of the Revised Code 21,588
is guilty of a misdemeanor of the first degree. If the offender 21,589
previously has been convicted of or pleaded guilty to a violation 21,590
of section 3113.06 of the Revised Code or if the court finds that 21,591
the offender has failed to pay the cost of child maintenance 21,592
under section 3113.06 of the Revised Code for a total accumulated 21,593
period of twenty-six weeks out of one hundred four consecutive 21,594
weeks, whether or not the twenty-six weeks were consecutive, a
violation of section 3113.06 of the Revised Code is a felony of 21,595
495
the fifth degree. 21,596
(C) An obligor who violates division (D)(1)(c) of section 21,599
3113.21 of the Revised Code shall be fined not more than fifty 21,600
dollars for a first offense, not more than one hundred dollars 21,601
for a second offense, and not more than five hundred dollars for 21,602
each subsequent offense.
(D) An obligor who violates division (G)(2) of section 21,604
3113.21 of the Revised Code shall be fined not more than fifty 21,605
dollars for a first offense, not more than one hundred dollars 21,607
for a second offense, and not more than five hundred dollars for 21,608
each subsequent offense.
(E) A fine amount imposed pursuant to division (C) or (D) 21,611
of this section shall be paid to the division of child support in 21,612
the department of human JOB AND FAMILY services or, pursuant to 21,614
division (H)(4) of section 2301.35 of the Revised Code, the child 21,615
support enforcement agency. The amount of the fine that does not 21,618
exceed the amount of arrearage under the child support order 21,619
shall be disbursed in accordance with the child support order. 21,620
The amount of the fine that exceeds the amount of the arrearage
order shall be called program income and collected in accordance 21,622
with section 5101.325 of the Revised Code. 21,623
Sec. 3115.21. (A) The state department of human JOB AND 21,633
FAMILY services is the state information agency under sections 21,635
3115.01 to 3115.59 of the Revised Code.
(B) The state information agency shall do all of the 21,637
following:
(1) Compile a list, including addresses, of the tribunals 21,640
in this state and each support enforcement agency in this state 21,642
and transmit a copy to the state information agency of every 21,643
other state that has adopted an act substantially similar to 21,644
sections 3115.01 to 3115.59 of the Revised Code;
(2) Maintain a register of tribunals and support 21,646
enforcement agencies received from other states; 21,647
(3) Forward to the appropriate tribunal in this state that 21,650
496
has jurisdiction over the individual obligee or the obligor or 21,651
the obligor's property, all documents concerning a proceeding 21,652
under sections 3115.01 to 3115.59 of the Revised Code received 21,653
from an initiating tribunal or the state information agency of 21,654
the initiating state; 21,655
(4) Obtain information concerning the location of the 21,657
obligor and the obligor's property within this state not exempt 21,658
from execution, by such means as postal verification and federal 21,659
or state parent locator services, examination of telephone 21,660
directories, requests for the obligor's address from employers, 21,661
and examination of governmental records, including, to the extent 21,662
not prohibited by other law, those relating to real property, 21,663
vital statistics, law enforcement, taxation, motor vehicles, 21,664
drivers' licenses, and social security benefits. 21,665
Sec. 3115.31. (A) If a support order entitled to 21,675
recognition under sections 3115.01 to 3115.59 of the Revised Code 21,677
has not been issued, a responding tribunal of this state may 21,680
issue a support order if either of the following apply:
(1) The individual seeking the order resides in another 21,682
state; 21,683
(2) The support enforcement agency seeking the order is 21,685
located in another state. 21,686
(B) The tribunal may issue a temporary child support order 21,688
if any of the following apply: 21,689
(1) The defendant has signed a verified statement 21,691
acknowledging that the defendant is the parent of the child; 21,692
(2) The defendant has been determined by or pursuant to 21,694
law to be the parent; 21,695
(3) There is other clear and convincing evidence that the 21,697
defendant is the child's parent. 21,698
(C)(1) If the responding tribunal finds, after giving 21,700
notice and an opportunity to be heard to the obligor, that the 21,701
obligor owes a duty of support, it shall issue a support order 21,702
directed to the obligor and may issue any other order under 21,704
497
section 3115.16 of the Revised Code. Support orders made 21,705
pursuant to sections 3115.01 to 3115.59 of the Revised Code shall 21,707
require that payments be made to the division of child support in 21,708
the department of human JOB AND FAMILY services.
(2) The responding tribunal shall transmit to the 21,710
initiating tribunal a copy of all orders of support or for 21,711
reimbursement of support. 21,712
(3) Each order for support made or modified under section 21,715
3115.16 of the Revised Code, this section, and under former 21,716
section 3115.22 of the Revised Code on or after December 31, 21,719
1993, shall include as part of the order a general provision, as 21,721
described in division (A)(1) of section 3113.21 of the Revised 21,722
Code, requiring the withholding or deduction of income or assets 21,723
of the obligor under the order as described in division (D) of 21,724
section 3113.21 of the Revised Code or another type of 21,725
appropriate requirement as described in division (D)(3), (D)(4), 21,726
or (H) of that section, to ensure that withholding or deduction 21,728
from the income or assets of the obligor is available from the 21,729
commencement of the support order for collection of the support 21,730
and of any arrearages that occur; a statement requiring all 21,731
parties to the order to notify the support enforcement agency in 21,732
writing of their current mailing address, current residence 21,733
address, current residence telephone number, current driver's 21,734
license number, and any changes to that information; and a notice 21,735
that the requirement to notify the agency of all changes to that 21,737
information continues until further notice from the tribunal. 21,738
Any tribunal that makes or modifies an order for support under 21,740
this section or former section 3115.22 of the Revised Code on or 21,741
after April 12, 1990, shall comply with sections 3113.21 to 21,743
3113.219 of the Revised Code. If any person required to pay 21,744
child support under an order made under this section or former 21,745
section 3115.22 of the Revised Code on or after April 15, 1985, 21,747
or any person required to pay support under an order made or 21,748
modified under this section or former section 3115.22 of the 21,749
498
Revised Code on or after December 31, 1986, is found in contempt 21,751
of court for failure to make support payments under the order, 21,752
the tribunal that makes the finding, in addition to any other 21,753
penalty or remedy imposed, shall assess all court costs arising 21,754
out of the contempt proceeding against the person and require the 21,755
person to pay any reasonable attorney's fees of any adverse 21,756
party, as determined by the tribunal, that arose in relation to 21,757
the act of contempt. 21,758
Sec. 3301.15. The state board of education or its 21,767
authorized representatives may inspect all institutions under the 21,768
control of the department of human JOB AND FAMILY services, the 21,769
department of mental health, the department of mental retardation 21,770
and developmental disabilities, and the department of
rehabilitation and correction which employ teachers, and may make 21,771
a report on the teaching, discipline, and school equipment in 21,772
these institutions to the director of human JOB AND FAMILY 21,773
services, the director of mental health, the director of mental 21,774
retardation and developmental disabilities, the director of
rehabilitation and correction, and the governor. 21,775
Sec. 3301.32. (A)(1) The chief administrator of any head 21,785
start agency shall request the superintendent of the bureau of 21,786
criminal identification and investigation to conduct a criminal 21,787
records check with respect to any applicant who has applied to 21,788
the head start agency for employment as a person responsible for 21,789
the care, custody, or control of a child. If the applicant does 21,790
not present proof that the applicant has been a resident of this 21,791
state for the five-year period immediately prior to the date upon 21,792
which the criminal records check is requested or does not provide 21,793
evidence that within that five-year period the superintendent has 21,794
requested information about the applicant from the federal bureau 21,795
of investigation in a criminal records check, the chief 21,796
administrator shall request that the superintendent obtain 21,797
information from the federal bureau of investigation as a part of 21,798
the criminal records check for the applicant. If the applicant 21,799
499
presents proof that the applicant has been a resident of this 21,800
state for that five-year period, the chief administrator may 21,801
request that the superintendent include information from the 21,802
federal bureau of investigation in the criminal records check. 21,803
(2) Any person required by division (A)(1) of this section 21,805
to request a criminal records check shall provide to each 21,806
applicant a copy of the form prescribed pursuant to division 21,807
(C)(1) of section 109.572 of the Revised Code, provide to each 21,808
applicant a standard impression sheet to obtain fingerprint 21,809
impressions prescribed pursuant to division (C)(2) of section 21,810
109.572 of the Revised Code, obtain the completed form and 21,811
impression sheet from each applicant, and forward the completed 21,812
form and impression sheet to the superintendent of the bureau of 21,813
criminal identification and investigation at the time the chief 21,814
administrator requests a criminal records check pursuant to 21,815
division (A)(1) of this section. 21,816
(3) Any applicant who receives pursuant to division (A)(2) 21,818
of this section a copy of the form prescribed pursuant to 21,819
division (C)(1) of section 109.572 of the Revised Code and a copy 21,820
of an impression sheet prescribed pursuant to division (C)(2) of 21,821
that section and who is requested to complete the form and 21,822
provide a set of fingerprint impressions shall complete the form 21,823
or provide all the information necessary to complete the form and 21,824
shall provide the impression sheets with the impressions of the 21,825
applicant's fingerprints. If an applicant, upon request, fails 21,827
to provide the information necessary to complete the form or 21,828
fails to provide impressions of the applicant's fingerprints, the 21,829
head start agency shall not employ that applicant for any 21,830
position for which a criminal records check is required by 21,832
division (A)(1) of this section.
(B)(1) Except as provided in rules adopted by the 21,834
department DIRECTOR of human JOB AND FAMILY services in 21,836
accordance with division (E) of this section, no head start 21,837
agency shall employ a person as a person responsible for the 21,838
500
care, custody, or control of a child if the person previously has 21,839
been convicted of or pleaded guilty to any of the following: 21,840
(a) A violation of section 2903.01, 2903.02, 2903.03, 21,842
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 21,843
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 21,845
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 21,846
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 21,847
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 21,848
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 21,849
2925.06, or 3716.11 of the Revised Code, a violation of section 21,850
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 21,851
have been a violation of section 2905.04 of the Revised Code as 21,852
it existed prior to July 1, 1996, had the violation occurred 21,853
prior to that date, , a violation of section 2925.11 of the 21,855
Revised Code that is not a minor drug possession offense, or 21,857
felonious sexual penetration in violation of former section 21,858
2907.12 of the Revised Code;
(b) A violation of an existing or former law of this 21,860
state, any other state, or the United States that is 21,861
substantially equivalent to any of the offenses or violations 21,862
described in division (B)(1)(a) of this section. 21,863
(2) A head-start HEAD START agency may employ an applicant 21,865
conditionally until the criminal records check required by this 21,866
section is completed and the agency receives the results of the 21,867
criminal records check. If the results of the criminal records 21,868
check indicate that, pursuant to division (B)(1) of this section, 21,869
the applicant does not qualify for employment, the agency shall 21,870
release the applicant from employment. 21,871
(C)(1) Each head start agency shall pay to the bureau of 21,873
criminal identification and investigation the fee prescribed 21,874
pursuant to division (C)(3) of section 109.572 of the Revised 21,875
Code for each criminal records check conducted in accordance with 21,876
that section upon the request pursuant to division (A)(1) of this 21,877
501
section of the chief administrator of the head start agency. 21,878
(2) A head start agency may charge an applicant a fee for 21,880
the costs it incurs in obtaining a criminal records check under 21,881
this section. A fee charged under this division shall not exceed 21,882
the amount of fees the agency pays under division (C)(1) of this 21,883
section. If a fee is charged under this division, the agency 21,884
shall notify the applicant at the time of the applicant's initial 21,885
application for employment of the amount of the fee and that, 21,887
unless the fee is paid, the head start agency will not consider 21,888
the applicant for employment. 21,889
(D) The report of any criminal records check conducted by 21,891
the bureau of criminal identification and investigation in 21,892
accordance with section 109.572 of the Revised Code and pursuant 21,893
to a request made under division (A)(1) of this section is not a 21,894
public record for the purposes of section 149.43 of the Revised 21,895
Code and shall not be made available to any person other than the 21,896
applicant who is the subject of the criminal records check or the 21,897
applicant's representative, the head start agency requesting the 21,899
criminal records check or its representative, and any court, 21,900
hearing officer, or other necessary individual involved in a case 21,901
dealing with the denial of employment to the applicant. 21,902
(E) The department DIRECTOR of human JOB AND FAMILY 21,905
services shall adopt rules pursuant to Chapter 119. of the 21,906
Revised Code to implement this section, including rules 21,907
specifying circumstances under which a head start agency may hire 21,908
a person who has been convicted of an offense listed in division 21,909
(B)(1) of this section but who meets standards in regard to 21,910
rehabilitation set by the department DIRECTOR. 21,911
(F) Any person required by division (A)(1) of this section 21,913
to request a criminal records check shall inform each person, at 21,914
the time of the person's initial application for employment, that 21,915
the person is required to provide a set of impressions of the 21,916
person's fingerprints and that a criminal records check is 21,918
required to be conducted and satisfactorily completed in 21,919
502
accordance with section 109.572 of the Revised Code if the person 21,920
comes under final consideration for appointment or employment as 21,921
a precondition to employment for that position. 21,922
(G) As used in this section: 21,924
(1) "Applicant" means a person who is under final 21,926
consideration for appointment or employment in a position with a 21,927
head start agency as a person responsible for the care, custody, 21,928
or control of a child. 21,929
(2) "Head start agency" has the same meaning as in section 21,931
3301.31 of the Revised Code. 21,932
(3) "Criminal records check" has the same meaning as in 21,934
section 109.572 of the Revised Code. 21,935
(4) "Minor drug possession offense" has the same meaning 21,937
as in section 2925.01 of the Revised Code. 21,938
Sec. 3301.53. (A) Not later than July 1, 1988, the state 21,948
board of education, in consultation with the director of human 21,949
JOB AND FAMILY services, shall formulate and prescribe by rule
adopted under Chapter 119. of the Revised Code minimum standards 21,950
to be applied to preschool programs operated by school district 21,951
boards of education, county MR/DD boards, eligible nonpublic 21,952
schools, head start grantees, and head start delegate agencies. 21,953
The rules shall include the following: 21,954
(1) Standards ensuring that the preschool program is 21,956
located in a safe and convenient facility that accommodates the 21,957
enrollment of the program, is of the quality to support the 21,958
growth and development of the children according to the program 21,959
objectives, and meets the requirements of section 3301.55 of the 21,960
Revised Code; 21,961
(2) Standards ensuring that supervision, discipline, and 21,963
programs will be administered according to established objectives 21,964
and procedures; 21,965
(3) Standards ensuring that preschool staff members and 21,967
nonteaching employees are recruited, employed, assigned, 21,968
evaluated, and provided inservice education without 21,969
503
discrimination on the basis of age, color, national origin, race, 21,970
or sex; and that preschool staff members and nonteaching 21,971
employees are assigned responsibilities in accordance with 21,972
written position descriptions commensurate with their training 21,973
and experience; 21,974
(4) A requirement that boards of education intending to 21,976
establish a preschool program on or after March 17, 1989, 21,977
demonstrate a need for a preschool program that is not being met 21,978
by any existing program providing child day-care, prior to 21,979
establishing the program; 21,980
(5) Requirements that children participating in preschool 21,982
programs have been immunized to the extent considered appropriate 21,983
by the state board to prevent the spread of communicable disease; 21,984
(6) Requirements that the parents of preschool children 21,986
complete the emergency medical authorization form specified in 21,987
section 3313.712 of the Revised Code. 21,988
(B) The state board of education in consultation with the 21,990
director of human JOB AND FAMILY services shall ensure that the 21,991
rules adopted by the state board under sections 3301.52 to 21,992
3301.58 of the Revised Code are consistent with and meet or 21,993
exceed the requirements of Chapter 5104. of the Revised Code with 21,994
regard to child day-care centers. The state board and the 21,995
director of human JOB AND FAMILY services shall review all such 21,996
rules at least once every five years.
(C) On or before January 1, 1992, the state board of 21,998
education, in consultation with the department DIRECTOR of human 22,000
JOB AND FAMILY services, shall adopt rules for school child 22,001
programs that are consistent with and meet or exceed the 22,002
requirements of the rules adopted for school child day-care 22,003
centers under Chapter 5104. of the Revised Code. 22,004
Sec. 3301.57. (A) For the purpose of improving programs, 22,014
facilities, and implementation of the standards promulgated by 22,015
the state board of education under section 3301.53 of the Revised 22,016
Code, the state department of education shall provide 22,017
504
consultation and technical assistance to school districts, county 22,018
MR/DD boards, eligible nonpublic schools, head start grantees, 22,020
and head start delegate agencies operating preschool programs or 22,022
school child programs, and inservice training to preschool staff 22,023
members, school child program staff members, and nonteaching 22,024
employees.
(B) The department and the school district board of 22,026
education, county MR/DD board, eligible nonpublic school, head 22,028
start grantee, or head start delegate agency shall jointly 22,029
monitor each preschool program and each school child program. 22,030
If the program receives any grant or other funding from the 22,032
state or federal government, the department annually shall 22,033
monitor all reports on attendance, financial support, and 22,034
expenditures according to provisions for use of the funds. 22,035
(C) The department of human JOB AND FAMILY services and 22,037
the department of education shall enter into a contract pursuant 22,038
to which the department of education inspects preschool programs 22,039
and school child programs in accordance with sections 3301.52 to 22,040
3301.59 of the Revised Code, the rules adopted under those 22,041
sections, and any applicable procedures in Chapter 5104. of the 22,042
Revised Code and investigates any complaints filed pursuant to 22,043
those sections or rules. The contract shall require the 22,044
department of human JOB AND FAMILY services to pay the department
of education for conducting the inspections and investigations an 22,045
amount equal to the amount that the department of human JOB AND 22,046
FAMILY services would expend conducting the same number of 22,047
inspections and investigations with its employees under Chapter 22,048
5104. of the Revised Code.
(D) The department of education, at least twice during 22,050
every twelve-month period of operation of a preschool program or 22,051
a licensed school child program, shall inspect the program and 22,052
provide a written inspection report to the superintendent of the 22,053
school district, county MR/DD board, eligible nonpublic school, 22,055
head start grantee, or head start delegate agency. At least one 22,056
505
inspection shall be unannounced, and all inspections may be 22,057
unannounced. No person shall interfere with any inspection 22,058
conducted pursuant to this division or to the rules adopted 22,059
pursuant to sections 3301.52 to 3301.59 of the Revised Code. 22,060
Upon receipt of any complaint that a preschool program or a 22,062
licensed school child program is out of compliance with the 22,063
requirements in sections 3301.52 to 3301.59 of the Revised Code 22,064
or the rules adopted under those sections, the department shall 22,065
investigate and may inspect the program. 22,066
(E) If a preschool program or a licensed school child 22,068
program is determined to be out of compliance with the 22,069
requirements of sections 3301.52 to 3301.59 of the Revised Code 22,070
or the rules adopted under those sections, the department of 22,071
education shall notify the appropriate superintendent, county 22,072
MR/DD board, eligible nonpublic school, head start grantee, or 22,074
head start delegate agency in writing regarding the nature of the 22,075
violation, what must be done to correct the violation, and by 22,076
what date the correction must be made. If the correction is not 22,077
made by the date established by the department, it may commence 22,078
action under Chapter 119. of the Revised Code to close the 22,079
program or to revoke the license of the program. If a program 22,080
does not comply with an order to cease operation issued in 22,081
accordance with Chapter 119. of the Revised Code, the department 22,082
shall notify the attorney general, the prosecuting attorney of 22,083
the county in which the program is located, or the city attorney, 22,084
village solicitor, or other chief legal officer of the municipal 22,085
corporation in which the program is located that the program is 22,086
operating in violation of sections 3301.52 to 3301.59 of the 22,087
Revised Code or the rules adopted under those sections and in 22,088
violation of an order to cease operation issued in accordance 22,089
with Chapter 119. of the Revised Code. Upon receipt of the 22,090
notification, the attorney general, prosecuting attorney, city 22,091
attorney, village solicitor, or other chief legal officer shall 22,092
file a complaint in the court of common pleas of the county in 22,093
506
which the program is located requesting the court to issue an 22,094
order enjoining the program from operating. The court shall 22,095
grant the requested injunctive relief upon a showing that the 22,096
program named in the complaint is operating in violation of 22,097
sections 3301.52 to 3301.59 of the Revised Code or the rules 22,098
adopted under those sections and in violation of an order to 22,099
cease operation issued in accordance with Chapter 119. of the 22,100
Revised Code. 22,101
(F) The department of education shall prepare an annual 22,104
report on inspections conducted under this section. The report
shall include the number of inspections conducted, the number and 22,105
types of violations found, and the steps taken to address the 22,107
violations. The department shall file the report with the 22,108
governor, the president and minority leader of the senate, and 22,109
the speaker and minority leader of the house of representatives
on or before the first day of January of each year, beginning in 22,111
1999.
Sec. 3301.581. Each head start grantee, head start 22,121
delegate agency, and eligible nonpublic school operating a head 22,122
start program shall be licensed by the department of education as 22,123
a preschool program under sections 3301.52 to 3301.59 of the 22,124
Revised Code, and does not have the option of being licensed by
the department of human JOB AND FAMILY services under Chapter 22,125
5104. of the Revised Code. Before the expiration of any 22,126
grantee's, agency's, or school's license under that chapter, or 22,127
within six months after the effective date of this section 22,128
JANUARY 1, 1998, whichever is earlier, the agency or school shall 22,129
apply for a license for a preschool program under section 3301.58 22,130
of the Revised Code. Notwithstanding division (C) of section 22,131
3301.58 of the Revised Code, a grantee, agency, or school 22,132
applying for a license for a head start program during the six 22,133
months following the effective date of this section JANUARY 1, 22,134
1998, need not first obtain a provisional license under that 22,136
division.
507
Sec. 3301.59. (A) No school child program may receive any 22,145
state or federal funds specifically allocated for school child 22,146
programs unless the school child program is licensed by the 22,147
department of education pursuant to sections 3301.52 to 3301.59 22,148
of the Revised Code or by the department of human JOB AND FAMILY 22,149
services pursuant to Chapter 5104. of the Revised Code. 22,150
(B) If an eligible nonpublic school is operating, 22,152
managing, conducting, or maintaining a preschool program or 22,153
school child program on the effective date of this section JULY 22,155
22, 1991, and if the eligible nonpublic school previously 22,156
obtained a license for the program from the department of human 22,157
JOB AND FAMILY services pursuant to Chapter 5104. of the Revised
Code, the eligible nonpublic school shall do one of the 22,158
following:
(1) On or before the expiration date of the license, apply 22,160
pursuant to Chapter 5104. of the Revised Code to the department 22,161
of human JOB AND FAMILY services for a renewal of the license; 22,162
(2) On or before the expiration date of the license, apply 22,164
pursuant to sections 3301.52 to 3301.59 of the Revised Code to 22,165
the department of education for a license for the program; 22,166
(3) If the program is a preschool program, cease to 22,168
operate, manage, conduct, or maintain the program; 22,169
(4) If the program is a school child program, not accept 22,171
any state or federal funds specifically allocated for school 22,172
child programs and not accept any state or federal funds for 22,173
publicly funded child day-care pursuant to Chapter 5104. of the 22,174
Revised Code. 22,175
(C) If an eligible nonpublic school is operating, 22,177
managing, conducting, or maintaining a preschool program or 22,178
school child program on the effective date of this section JULY 22,180
22, 1991, and if the eligible nonpublic school previously has not 22,182
obtained a license for the program from the department of human 22,183
JOB AND FAMILY services pursuant to Chapter 5104. of the Revised
Code, the eligible nonpublic school shall do one of the 22,184
508
following:
(1) On the effective date of this section JULY 22, 1991, 22,187
apply pursuant to Chapter 5104. of the Revised Code to the
department of human JOB AND FAMILY services for a license for the 22,188
program;
(2) On the effective date of this section JULY 22, 1991, 22,191
apply pursuant to sections 3301.52 to 3301.59 of the Revised Code 22,192
to the department of education for a license for the program; 22,193
(3) If the program is a preschool program, cease to 22,195
operate, manage, conduct, or maintain the program; 22,196
(4) If the program is a school child program, not accept 22,198
any state or federal funds specifically allocated for school 22,199
child programs and not accept any state or federal funds for 22,200
publicly funded child day-care pursuant to Chapter 5104. of the 22,201
Revised Code. 22,202
(D)(1) If an eligible nonpublic school that operates, 22,204
manages, conducts, or maintains a preschool program or a school 22,205
child program elects pursuant to division (B)(1) of this section 22,206
to renew a license for the program that was issued by the 22,207
department of human JOB AND FAMILY services or elects pursuant to 22,208
division (C)(1) of this section to apply to the department of 22,209
human JOB AND FAMILY services for a license for the program, that
preschool program or school child program is subject to Chapter 22,210
5104. of the Revised Code and to licensure under that chapter 22,211
until the eligible nonpublic school ceases to operate, manage, 22,212
conduct, or maintain the program. 22,213
(2) If an eligible nonpublic school that operates, 22,215
manages, conducts, or maintains a preschool program or a school 22,216
child program elects pursuant to division (B)(2) or (C)(2) of 22,217
this section to apply to the department of education for a 22,218
license for the program, that preschool program or school child 22,219
program is subject to sections 3301.52 to 3301.59 of the Revised 22,220
Code and to licensure under those sections until the eligible 22,221
nonpublic school ceases to operate, manage, conduct, or maintain 22,222
509
the program. 22,223
(E) Not later than one year after the effective date of 22,225
this section JULY 22, 1992, the departments of human JOB AND 22,227
FAMILY services and education shall each prepare a list of the 22,228
preschool programs and school child programs that are licensed by 22,229
the respective departments. 22,230
Sec. 3304.231. There is hereby created a brain injury 22,239
advisory committee, which shall advise the administrator of the 22,241
rehabilitation services commission and the brain injury program 22,243
with regard to unmet needs of survivors of brain injury, 22,244
development of programs for survivors and their families, 22,245
establishment of training programs for health care professionals, 22,246
and any other matter within the province of the brain injury 22,248
program. The committee shall consist of not less than eighteen 22,250
and not more than twenty-one members as follows: 22,251
(A) Not less than ten and not more than twelve members 22,253
appointed by the administrator of the rehabilitation services 22,254
commission, including all of the following: a survivor of brain 22,256
injury, a relative of a survivor of brain injury, a licensed 22,258
physician recommended by the Ohio chapter of the American college 22,259
of emergency physicians, a licensed physician recommended by the 22,260
Ohio state medical association, one other health care 22,261
professional, a rehabilitation professional, an individual who 22,262
represents the brain injury association of Ohio, and not less 22,264
than three nor more than five individuals who shall represent the 22,265
public;
(B) The directors of the departments of health, alcohol 22,267
and drug addiction services, mental retardation and developmental 22,268
disabilities, mental health, human JOB AND FAMILY services, and 22,269
highway safety; the administrator of workers' compensation; the 22,271
superintendent of public instruction; and the administrator of 22,273
the rehabilitation services commission. Any of the officials 22,274
specified in this division may designate an individual to serve 22,275
in the official's place as a member of the committee. 22,277
510
The director of health shall make initial appointments to 22,279
the committee by November 1, 1990. Appointments made after July 22,281
26, 1991, shall be made by the administrator of the 22,283
rehabilitation services commission. Terms of office shall be two 22,284
years. Members may be reappointed. Vacancies shall be filled in 22,285
the manner provided for original appointments. Any member 22,286
appointed to fill a vacancy occurring prior to the expiration 22,287
date of the term for which the member's predecessor was appointed 22,288
shall hold office as a member for the remainder of that term. 22,289
Members of the committee shall serve without compensation, 22,292
but shall be reimbursed for actual and necessary expenses
incurred in the performance of their duties. 22,293
Sec. 3307.21. (A) The treasurer of state shall furnish 22,302
annually to the state teachers retirement board a sworn statement 22,303
of the amount of the funds in the treasurer's custody belonging 22,305
to the state teachers retirement system.
(B)(1) As used in this division, "personal history record" 22,307
means information maintained by the board on a member, former 22,308
member, contributor, former contributor, retirant, or beneficiary 22,309
that includes the address, telephone number, social security 22,310
number, record of contributions, correspondence with the system, 22,311
or other information the board determines to be confidential. 22,312
(2) The records of the board shall be open to public 22,314
inspection, except for the following, which shall be excluded, 22,315
except with the written authorization of the individual 22,316
concerned: 22,317
(a) The individual's personal records provided for in 22,319
section 3307.29 of the Revised Code; 22,320
(b) The individual's personal history record; 22,322
(c) Any information identifying, by name and address, the 22,324
amount of a monthly allowance or benefit paid to the individual. 22,325
(C) All medical reports and recommendations under sections 22,327
3307.42, 3307.44, and 3307.49 of the Revised Code are privileged, 22,328
except that copies of such medical reports or recommendations 22,329
511
shall be made available to the personal physician, attorney, or 22,330
authorized agent of the individual concerned upon written release 22,331
received from the individual or the individual's agent, or, when 22,333
necessary for the proper administration of the fund, to the board 22,334
assigned physician.
(D) Any person who is a member or contributor of the 22,336
system shall be furnished, on written request, with a statement 22,338
of the amount to the credit of the person's account. The board 22,339
need not answer more than one request of a person in any one 22,340
year.
(E) Notwithstanding the exceptions to public inspection in 22,342
division (B)(2) of this section, the board may furnish the 22,343
following information: 22,344
(1) If a member, former member, retirant, contributor, or 22,346
former contributor is subject to an order issued under section 22,347
2907.15 of the Revised Code or is convicted of or pleads guilty 22,348
to a violation of section 2921.41 of the Revised Code, on written 22,349
request of a prosecutor as defined in section 2935.01 of the 22,350
Revised Code, the board shall furnish to the prosecutor the 22,351
information requested from the individual's personal history 22,352
record. 22,353
(2) Pursuant to a court or administrative order issued 22,355
under section 3111.23 or 3113.21 of the Revised Code, the board 22,356
shall furnish to a court or child support enforcement agency the 22,357
information required under that section. 22,358
(3) At the written request of any person, the board shall 22,360
provide to the person a list of the names and addresses of 22,361
members, former members, retirants, contributors, former 22,362
contributors, or beneficiaries. The costs of compiling, copying, 22,363
and mailing the list shall be paid by such person. 22,364
(4) Within fourteen days after receiving from the director 22,366
of human JOB AND FAMILY services a list of the names and social 22,367
security numbers of recipients of public assistance pursuant to 22,368
section 5101.181 of the Revised Code, the board shall inform the 22,369
512
auditor of state of the name, current or most recent employer 22,370
address, and social security number of each member whose name and 22,371
social security number are the same as that of a person whose 22,372
name or social security number was submitted by the director. 22,373
The board and its employees shall, except for purposes of 22,374
furnishing the auditor of state with information required by this 22,375
section, preserve the confidentiality of recipients of public 22,376
assistance in compliance with division (A) of section 5101.181 of 22,377
the Revised Code.
(F) A statement that contains information obtained from 22,379
the system's records that is signed by an officer of the 22,380
retirement system and to which the system's official seal is 22,381
affixed, or copies of the system's records to which the signature 22,382
and seal are attached, shall be received as true copies of the 22,383
system's records in any court or before any officer of this 22,384
state. 22,385
Sec. 3309.22. (A) The treasurer of state shall furnish 22,395
annually to the school employees retirement board a sworn 22,396
statement of the amount of the funds in the treasurer's custody 22,398
belonging to the school employees retirement system. 22,399
(B)(1) As used in this division, "personal history record" 22,401
means information maintained by the board on a member, former 22,402
member, contributor, former contributor, retirant, or beneficiary 22,403
that includes the address, telephone number, social security 22,404
number, record of contributions, correspondence with the system, 22,405
and other information the board determines to be confidential. 22,406
(2) The records of the board shall be open to public 22,408
inspection, except for the following, which shall be excluded, 22,409
except with the written authorization of the individual 22,410
concerned: 22,411
(a) The individual's statement of previous service and 22,413
other information as provided for in section 3309.28 of the 22,414
Revised Code; 22,415
(b) Any information identifying by name and address the 22,417
513
amount of a monthly allowance or benefit paid to the individual; 22,418
(c) The individual's personal history record. 22,420
(C) All medical reports and recommendations required by 22,422
the system are privileged except that copies of such medical 22,423
reports or recommendations shall be made available to the 22,424
personal physician, attorney, or authorized agent of the 22,425
individual concerned upon written release received from the 22,426
individual or the individual's agent, or when necessary for the 22,428
proper administration of the fund, to the board assigned 22,429
physician.
(D) Any person who is a contributor of the system shall be 22,431
furnished, on written request, with a statement of the amount to 22,433
the credit of the person's account. The board need not answer 22,434
more than one such request of a person in any one year.
(E) Notwithstanding the exceptions to public inspection in 22,436
division (B)(2) of this section, the board may furnish the 22,437
following information: 22,438
(1) If a member, former member, contributor, former 22,440
contributor, or retirant is subject to an order issued under 22,441
section 2907.15 of the Revised Code or is convicted of or pleads 22,442
guilty to a violation of section 2921.41 of the Revised Code, on 22,443
written request of a prosecutor as defined in section 2935.01 of 22,444
the Revised Code, the board shall furnish to the prosecutor the 22,445
information requested from the individual's personal history 22,446
record. 22,447
(2) Pursuant to a court or administrative order issued 22,449
under section 3111.23 or 3113.21 of the Revised Code, the board 22,450
shall furnish to a court or child support enforcement agency the 22,451
information required under that section. 22,452
(3) At the written request of any person, the board shall 22,454
provide to the person a list of the names and addresses of 22,455
members, former members, retirants, contributors, former 22,456
contributors, or beneficiaries. The costs of compiling, copying, 22,457
and mailing the list shall be paid by such person. 22,458
514
(4) Within fourteen days after receiving from the director 22,460
of human JOB AND FAMILY services a list of the names and social 22,461
security numbers of recipients of public assistance pursuant to 22,462
section 5101.181 of the Revised Code, the board shall inform the 22,463
auditor of state of the name, current or most recent employer 22,464
address, and social security number of each contributor whose 22,465
name and social security number are the same as that of a person 22,466
whose name or social security number was submitted by the 22,467
director. The board and its employees shall, except for purposes 22,468
of furnishing the auditor of state with information required by 22,469
this section, preserve the confidentiality of recipients of 22,470
public assistance in compliance with division (A) of section 22,471
5101.181 of the Revised Code. 22,472
(F) A statement that contains information obtained from 22,474
the system's records that is signed by an officer of the 22,475
retirement system and to which the system's official seal is 22,476
affixed, or copies of the system's records to which the signature 22,477
and seal are attached, shall be received as true copies of the 22,478
system's records in any court or before any officer of this 22,479
state. 22,480
Sec. 3313.714. (A) As used in this section: 22,490
(1) "Board of education" means the board of education of a 22,492
city, local, exempted village, or joint vocational school 22,493
district. 22,494
(2) "Healthcheck" means the early and periodic screening, 22,496
diagnosis, and treatment program, a component of the medical 22,497
assistance program established under Title XIX of the "Social 22,498
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 302, as amended, 22,499
and Chapter 5111. of the Revised Code. 22,500
(3) "Pupil" means a person under age twenty-two enrolled 22,502
in the schools of a city, local, exempted village, or joint 22,503
vocational school district. 22,504
(4) "Parent" means either parent with the following 22,506
exceptions: 22,507
515
(a) If one parent has custody by court order, "parent" 22,509
means the parent with custody. 22,510
(b) If neither parent has legal custody, "parent" means 22,512
the person or government entity with legal custody. 22,513
(c) The child's legal guardian or a person who has 22,515
accepted responsibility for the health, safety, and welfare of 22,516
the child. 22,517
(B) At the request of the state department of human JOB 22,519
AND FAMILY services, a board of education shall establish and 22,520
conduct a healthcheck program for pupils enrolled in the schools 22,521
of the district who are recipients of medical assistance under 22,522
Chapter 5111. of the Revised Code. At the request of a board of 22,523
education, the state department may authorize the board to 22,524
establish a healthcheck program. A board that establishes a 22,525
healthcheck program shall enter into a medical assistance 22,526
provider agreement with the state department. 22,527
A healthcheck program established by a board of education 22,529
shall be conducted in accordance with rules adopted by the 22,530
director of human JOB AND FAMILY services under division (F) of 22,531
this section. The healthcheck program shall include all of the 22,533
following components: 22,534
(1) A comprehensive health and development history; 22,536
(2) A comprehensive physical examination; 22,538
(3) A developmental assessment; 22,540
(4) A nutritional assessment; 22,542
(5) A vision assessment; 22,544
(6) A hearing assessment; 22,546
(7) An immunization assessment; 22,548
(8) Lead screening and laboratory tests ordered by a 22,550
doctor of medicine or osteopathic medicine as part of one of the 22,551
other components; 22,552
(9) Such other assessment as may be required by the state 22,554
department of human JOB AND FAMILY services in accordance with 22,555
the requirements of the healthcheck program. 22,557
516
All services included in a board of education's healthcheck 22,559
program that the board provided under sections 3313.67, 3313.673, 22,560
3313.68, 3313.69, and 3313.71 of the Revised Code during the 22,561
1990-1991 school year shall continue to be provided to medical 22,562
assistance recipients by the board pursuant to those sections. 22,563
The services shall be considered part of the healthcheck program 22,564
for recipients of medical assistance, and the board shall be 22,565
eligible for reimbursement from the state department in 22,566
accordance with this division for providing the services. 22,567
The state department shall reimburse boards of education 22,569
for healthcheck program services provided under this division at 22,570
the rates paid under the medical assistance program to 22,571
physicians, dentists, nurses, and other providers of healthcheck 22,572
services. 22,573
(C) Each board of education that conducts a healthcheck 22,575
program shall determine for each pupil enrolled in the schools of 22,576
the district whether the pupil is a medical assistance recipient. 22,577
The state department of human JOB AND FAMILY services and county 22,579
departments of human services shall assist the board in making 22,580
these determinations. Except as necessary to carry out the 22,581
purposes of this section, all information received by a board 22,582
under this division shall be confidential. 22,583
Before the first day of October of each year, each board 22,585
that conducts a healthcheck program shall send the parent of each 22,586
pupil who is under age eighteen and a recipient of medical 22,587
assistance notice that the pupil will be examined under the 22,588
district's healthcheck program unless the parent notifies the 22,589
board that he THE PARENT denies consent for the examination. The 22,591
notice shall include a form to be used by the parent to indicate 22,593
that he THE PARENT denies consent. The denial shall be effective 22,594
only if the form is signed by the parent and returned to the 22,596
board or the school in which the pupil is enrolled. If the 22,597
parent does not return a signed form indicating denial of consent 22,598
within two weeks after the date the notice is sent, the school 22,599
517
district and the department of human JOB AND FAMILY services 22,600
shall deem the parent to have consented to examination of his THE 22,601
PARENT'S child under the healthcheck program. In the case of a 22,602
pupil age eighteen or older, the notice shall be given to the 22,603
pupil, and the school district and the department of human JOB 22,604
AND FAMILY services shall deem the pupil to have consented to 22,605
examination unless he THE PUPIL returns the signed form 22,606
indicating his THE PUPIL'S denial of consent.
(D)(1) As used in this division: 22,608
(a) "Nonfederal share" means the portion of expenditures 22,610
for services that is required under the medical assistance 22,611
program to be paid for with state or local government funds. 22,612
(b) "Federal financial participation" means the portion of 22,614
expenditures for services that is reimbursed under the medical 22,615
assistance program with federal funds. 22,616
(2) At the request of a board of education, the state 22,618
department may enter into an agreement with board under which the 22,619
board provides medical services to a recipient of medical 22,620
assistance that are reimbursable under the medical assistance 22,621
program but not under the healthcheck program. The agreement may 22,622
be for a term specified in the agreement and renewable by mutual 22,623
consent of the board and the department, or may continue in force 22,624
as long as agreeable to the board and the department. 22,625
The board shall use state or local funds of the district to 22,627
pay the nonfederal share of expenditures for services provided 22,628
under this division. Prior to entering into or renewing an 22,629
agreement and at any other time requested by the state department 22,630
while the agreement is in force, the board shall certify to the 22,631
state department in accordance with the rules adopted under 22,632
division (F) of this section that it will have sufficient state 22,633
or local funds to pay the nonfederal share of expenditures under 22,634
this division. If the board fails to make the certification, the 22,635
state department shall not enter into or renew the agreement. If 22,636
an agreement has been entered into, it shall be void unless the 22,637
518
board makes the certification not later than fifteen days after 22,638
receiving notice from the state department that the certification 22,639
is due. The board shall report to the state department, in 22,640
accordance with the rules, the amount of state or local funds it 22,641
spends to provide services under this division. 22,642
The state department shall reimburse the board the federal 22,644
financial participation allowed for the board's expenditures for 22,645
services under this division. The total of the nonfederal share 22,646
spent by the board and the federal financial participation 22,647
reimbursed by the state department for a service rendered under 22,648
this division shall be an amount agreed to by the board and the 22,649
state department, but shall not exceed the maximum reimbursable 22,650
for that service under rules adopted by the department DIRECTOR 22,651
OF JOB AND FAMILY SERVICES under Chapter 5111. of the Revised 22,653
Code. The rules adopted under division (F) of this section shall 22,654
include procedures under which the department will recover from a 22,655
board overpayments and subsequent federal audit disallowances of 22,656
federal financial participation reimbursed by the department. 22,657
(E) A board of education shall provide services under 22,659
division (D) of this section and under its healthcheck program as 22,660
provided in division (E)(1), (2), or (3) of this section: 22,661
(1) By having the services performed by physicians, 22,663
dentists, AND nurses, employed by the board; 22,664
(2) By contracting with physicians, dentists, nurses, and 22,666
other providers of services who have medical assistance provider 22,667
agreements with the state department of human JOB AND FAMILY 22,669
services; 22,670
(3) By having some of the services performed by persons 22,672
described in division (E)(1) of this section and others performed 22,673
by persons described in division (E)(2) of this section. 22,674
(F) The director of human JOB AND FAMILY services shall 22,676
adopt rules in accordance with Chapter 119. of the Revised Code 22,678
governing healthcheck programs conducted under this section and 22,679
services provided under division (D) of this section. 22,680
519
Sec. 3313.715. The board of education of a school district 22,689
may request from the director of mental retardation and 22,690
developmental disabilities the appropriate identification numbers 22,691
for all students residing in the district who are medical 22,692
assistance recipients under Chapter 5111. of the Revised Code. 22,693
The director shall furnish such numbers upon receipt of lists of 22,694
student names furnished by the district board, in such form as 22,695
the director may require. 22,696
The director of human JOB AND FAMILY services shall provide 22,698
the director of mental retardation and developmental disabilities 22,699
with the data necessary for compliance with this section. 22,700
Section 3319.321 of the Revised Code does not apply to the 22,702
release of student names or other data to the director of mental 22,703
retardation and developmental disabilities for the purposes of 22,704
this section. Chapter 1347. of the Revised Code does not apply 22,705
to information required to be kept by a school board or the 22,706
department DEPARTMENTS of human JOB AND FAMILY services or mental 22,708
retardation and developmental disabilities to the extent 22,709
necessary to comply with this section and section 3313.714 of the 22,710
Revised Code. However, any such information or data shall be 22,711
used only for the specific legal purposes of such boards and 22,712
departments and shall not be released to any unauthorized person. 22,713
Sec. 3314.08. (A) As used in this section: 22,722
(1) "Base formula amount" means the amount specified as 22,725
such in a community school's financial plan for a school year 22,726
pursuant to division (A)(15) of section 3314.03 of the Revised 22,727
Code.
(2) "Cost-of-doing-business factor" has the same meaning 22,729
as in section 3317.02 of the Revised Code. 22,730
(3) "IEP" means an individualized education program as 22,733
defined in section 3323.01 of the Revised Code. 22,734
(4) "Applicable weight" means: 22,737
(a) For a student receiving special education and related 22,739
services pursuant to an IEP for a handicap described in division 22,740
520
(A) of section 3317.013 of the Revised Code, the multiple 22,742
specified in that division;
(b) For a student receiving special education and related 22,744
services pursuant to an IEP for a handicap described in division 22,745
(B) of section 3317.013 or division (F)(3) of section 3317.02 of 22,747
the Revised Code, the multiple specified in division (B) of 22,748
section 3317.013 of the Revised Code. 22,749
(5) "Total special education weight" means the sum of the 22,751
following: 22,752
(a) The number of students reported under division 22,754
(B)(2)(c) of this section who are entitled to attend school in 22,756
the district, are enrolled in grades one through twelve in a 22,757
community school, and are receiving from their community school 22,758
special education and related services pursuant to an IEP for a 22,759
handicap described in division (A) of section 3317.013 of the 22,760
Revised Code, multiplied by the multiple specified in division 22,761
(A) of section 3317.013 of the Revised Code; 22,762
(b) One-half the number of students reported under 22,764
division (B)(2)(c) of this section who are entitled to attend 22,767
school in the district, are enrolled in kindergarten in a
community school, and are receiving from their community school 22,769
special education and related services pursuant to an IEP for a 22,770
handicap described in division (A) of section 3317.013 of the 22,771
Revised Code, multiplied by the multiple specified in division 22,773
(A) of section 3317.013 of the Revised Code; 22,774
(c) The number of students reported under division 22,776
(B)(2)(c) of this section who are entitled to attend school in 22,778
the district, are enrolled in grades one through twelve in a 22,779
community school, and are receiving from their community school 22,780
special education and related services pursuant to an IEP for a 22,781
handicap described in division (B) of section 3317.013 or 22,782
division (F)(3) of section 3317.02 of the Revised Code, 22,783
multiplied by the multiple specified in division (B) of section 22,785
3317.013 of the Revised Code; 22,786
521
(d) One-half the number of students reported under 22,788
division (B)(2)(c) of this section who are entitled to attend 22,791
school in the district, are enrolled in kindergarten in a
community school, and are receiving from their community school 22,793
special education and related services pursuant to an IEP for a 22,794
handicap described in division (B) of section 3317.013 or 22,795
division (F)(3) of section 3317.02 of the Revised Code, 22,797
multiplied by the multiple specified in division (B) of section 22,799
3317.013 of the Revised Code. 22,800
(6) "Entitled to attend school" means entitled to attend 22,802
school in a district under section 3313.64 or 3313.65 of the 22,803
Revised Code. 22,804
(7) "DPIA reduction factor" means the percentage figure, 22,807
if any, for reducing the per pupil amount of disadvantaged pupil 22,808
impact aid a community school is entitled to receive pursuant to 22,809
divisions (D)(4) and (5) of this section in any year, as 22,812
specified in the school's financial plan for the year pursuant to 22,813
division (A)(15) of section 3314.03 of the Revised Code. 22,814
(8) "All-day kindergarten" has the same meaning as in 22,816
section 3317.029 of the Revised Code. 22,817
(B) The state board of education shall adopt rules 22,819
requiring both of the following: 22,820
(1) The board of education of each city, exempted village, 22,822
and local school district to annually report the number of 22,823
students entitled to attend school in the district who are 22,824
enrolled in grades one through twelve in a community school 22,827
established under this chapter, the number of students entitled 22,828
to attend school in the district who are enrolled in kindergarten 22,829
in a community school, the number of those kindergartners who are 22,831
enrolled in all-day kindergarten in their community school, and 22,833
for each child, the community school in which the child is 22,835
enrolled.
(2) The governing authority of each community school 22,837
established under this chapter to annually report all of the 22,838
522
following: 22,839
(a) The number of students enrolled in grades one through 22,842
twelve and the number of students enrolled in kindergarten in the 22,844
school who are not receiving special education and related 22,846
services pursuant to an IEP;
(b) The number of enrolled students in grades one through 22,848
twelve and the number of enrolled students in kindergarten, who 22,851
are receiving special education and related services pursuant to 22,853
an IEP;
(c) The number of students reported under division 22,855
(B)(2)(b) of this section receiving special education and related 22,857
services pursuant to an IEP for a handicap described in each of 22,858
divisions (A) and (B) of section 3317.013 and division (F)(3) of 22,860
section 3317.02 of the Revised Code; 22,862
(d) The number of enrolled preschool handicapped students 22,865
receiving special education services in a state-funded unit; 22,866
(e) The community school's base formula amount; 22,869
(f) For each student, the city, exempted village, or local 22,872
school district in which the student is entitled to attend 22,874
school;
(g) Any DPIA reduction factor that applies to a school 22,877
year.
(C) From the payments made to a city, exempted village, or 22,879
local school district under Chapter 3317. of the Revised Code 22,880
and, if necessary, sections 321.14 and 323.156 of the Revised 22,881
Code, the department of education shall annually subtract all of 22,882
the following:
(1) An amount equal to the sum of the amounts obtained 22,884
when, for each community school where the district's students are 22,885
enrolled, the number of the district's students reported under 22,886
divisions (B)(2)(a) and (b) of this section who are enrolled in 22,888
grades one through twelve, and one-half the number of students 22,889
reported under those divisions who are enrolled in kindergarten, 22,890
in that community school is multiplied by the base formula amount 22,892
523
of that community school as adjusted by the school district's 22,893
cost-of-doing-business factor.
(2) The product of the number of district students 22,897
reported under division (B)(2)(c) of this section as enrolled in 22,899
grades one through twelve, and one-half of the number of district 22,900
students reported under that division as enrolled in 22,901
kindergarten, who are receiving special education and related 22,902
services pursuant to an IEP in their respective community schools 22,903
for a handicap described in division (A) or (B) of section 22,905
3317.013 or division (F)(3) of section 3317.02 of the Revised 22,907
Code, multiplied by the total special education weight; 22,909
(3) An amount equal to the sum of the amounts obtained 22,911
when, for each community school where the district's students are 22,912
enrolled, the number of the district's students enrolled in that 22,913
community school and residing in the district in a family 22,914
participating in Ohio works first under Chapter 5107. of the 22,915
Revised Code is multiplied by the per pupil amount of
disadvantaged pupil impact aid the school district receives that 22,916
year pursuant to division (B) or (C) of section 3317.029 of the 22,918
Revised Code, as adjusted by any DPIA reduction factor of that 22,919
community school. If the district receives disadvantaged pupil 22,921
impact aid under division (B) of that section, the per pupil 22,922
amount of that aid is the quotient of the amount the district
received under that division divided by the number of children 22,924
ages five through seventeen residing in the district and living
in a family participating in Ohio works first, as most recently 22,926
reported under section 3317.10 of the Revised Code. If the 22,928
district receives disadvantaged pupil impact aid under division
(C) of section 3317.029 of the Revised Code, the per pupil amount 22,931
of that aid is the per pupil dollar amount prescribed for the
district in division (C)(1) or (2) of that section. 22,932
(4) An amount equal to the sum of the amounts obtained 22,934
when, for each community school where the district's students are 22,935
enrolled, the district's per pupil amount of aid received under 22,936
524
division (E) of section 3317.029 of the Revised Code, as adjusted 22,937
by any DPIA reduction factor of the community school, is 22,939
multiplied by the sum of the following: 22,940
(a) The number of the district's students reported under 22,942
division (B)(2)(a) of this section who are enrolled in grades one 22,944
to three in that community school and who are not receiving 22,947
special education and related services pursuant to an IEP; 22,949
(b) One-half of the district's students who are enrolled 22,951
in all-day or any other kindergarten class in that community 22,952
school and who are not receiving special education and related 22,953
services pursuant to an IEP; 22,954
(c) One-half of the district's students who are enrolled 22,956
in all-day kindergarten in that community school and who are not 22,957
receiving special education and related services pursuant to an 22,958
IEP.
The district's per pupil amount of aid under division (E) 22,960
of section 3317.029 of the Revised Code is the quotient of the 22,961
amount the district received under that division divided by the 22,963
district's kindergarten through third grade ADM, as defined in 22,964
that section. 22,965
(D) The department shall annually pay to a community 22,967
school established under this chapter all of the following: 22,968
(1) An amount equal to the sum of the amounts obtained 22,970
when the number of students enrolled in grades one through 22,971
twelve, plus one-half of the kindergarten students in the school, 22,972
reported under divisions (B)(2)(a) and (b) of this section who 22,976
are not receiving special education and related services pursuant
to an IEP for a handicap described in division (A) or (B) of 22,978
section 3317.013 or division (F)(3) of section 3317.02 of the 22,979
Revised Code is multiplied by the community school's base formula 22,980
amount, as adjusted by the cost-of-doing-business factor of the 22,981
school district in which the student is entitled to attend 22,983
school;
(2) The greater of the following: 22,985
525
(a) The aggregate amount that the department paid to the 22,987
community school in fiscal year 1999 for students receiving 22,988
special education and related services pursuant to IEPs, 22,990
excluding federal funds and state disadvantaged pupil impact aid 22,992
funds;
(b) The sum of the amounts calculated under divisions 22,994
(D)(2)(b)(i) and (ii) of this section: 22,996
(i) For each student reported under division (B)(2)(c) of 23,000
this section as enrolled in the school in grades one through 23,001
twelve and receiving special education and related services 23,002
pursuant to an IEP for a handicap described in division (A) or 23,003
(B) of section 3317.013 or division (F)(3) of section 3317.02 of 23,005
the Revised Code, the following amount: 23,007
(the community school's base formula amount X the 23,009
cost-of-doing-business factor of the district where the student 23,010
is entitled to attend school) + (the applicable weight 23,011
X the community school's base formula amount); 23,012
(ii) For each student reported under division (B)(2)(c) of 23,016
this section as enrolled in kindergarten and receiving special
education and related services pursuant to an IEP for a handicap 23,018
described in division (A) or (B) of section 3317.013 or division 23,020
(F)(3) of section 3317.02 of the Revised Code, one-half of the 23,022
amount calculated under the formula prescribed in division
(D)(2)(b)(i) of this section. 23,023
(3) An amount received from federal funds to provide 23,026
special education and related services to students in the
community school, as determined by the superintendent of public 23,029
instruction.
(4) An amount equal to the sum of the amounts obtained 23,031
when, for each school district where the community school's 23,033
students are entitled to attend school, the number of that 23,035
district's students enrolled in the community school and 23,036
participating in Ohio works first is multiplied by the per pupil 23,038
amount of disadvantaged pupil impact aid that school district 23,040
526
receives that year pursuant to division (B) or (C) of section 23,042
3317.029 of the Revised Code, as adjusted by any DPIA reduction 23,043
factor of the community school. The per pupil amount of aid 23,045
shall be determined as described in division (C)(3) of this
section. 23,046
(5) An amount equal to the sum of the amounts obtained 23,048
when, for each school district where the community school's 23,049
students are entitled to attend school, the district's per pupil 23,050
amount of aid received under division (E) of section 3317.029 of 23,051
the Revised Code, as adjusted by any DPIA reduction factor of the 23,054
community school, is multiplied by the sum of the following: 23,055
(a) The number of the district's students reported under 23,057
division (B)(2)(a) of this section who are enrolled in grades one 23,059
to three in that community school and who are not receiving 23,062
special education and related services pursuant to an IEP; 23,064
(b) One-half of the district's students who are enrolled 23,066
in all-day or any other kindergarten class in that community 23,067
school and who are not receiving special education and related 23,068
services pursuant to an IEP; 23,069
(c) One-half of the district's students who are enrolled 23,071
in all-day kindergarten in that community school and who are not 23,072
receiving special education and related services pursuant to an 23,073
IEP.
The district's per pupil amount of aid under division (E) 23,075
of section 3317.029 of the Revised Code shall be determined as 23,076
described in division (C)(4) of this section. 23,077
(E) If a community school's costs for a fiscal year for a 23,079
student receiving special education and related services pursuant 23,080
to an IEP for a handicap described in division (F)(3) of section 23,082
3317.02 of the Revised Code are twenty-five thousand dollars or 23,084
more, the school may submit to the superintendent of public 23,085
instruction documentation, as prescribed by the superintendent, 23,086
of all its costs for that student. Upon submission of 23,087
documentation for a student of the type and in the manner 23,088
527
prescribed, the department shall pay to the district an amount 23,089
equal to the school's costs for the student in excess of 23,090
twenty-five thousand dollars.
The community school shall only report, and the department 23,092
shall only pay for, the costs of educational expenses and the 23,093
related services provided to the student in accordance with the 23,094
student's individualized education program. Any legal fees, 23,095
court costs, or other costs associated with any cause of action 23,096
relating to the student may not be included in the amount. 23,097
(F) A community school may apply to the department of 23,099
education for preschool handicapped or gifted unit funding the 23,100
school would receive if it were a school district. Upon request 23,101
of its governing authority, a community school that received unit 23,103
funding as a school district-operated school before it became a
community school shall retain any units awarded to it as a school 23,104
district-operated school provided the school continues to meet 23,105
eligibility standards for the unit. 23,106
A community school shall be considered a school district 23,108
and its governing authority shall be considered a board of 23,109
education for the purpose of applying to any state or federal 23,110
agency for grants that a school district may receive under 23,111
federal or state law or any appropriations act of the general 23,112
assembly. The governing authority of a community school may 23,113
apply to any private entity for additional funds. 23,114
(G) A board of education sponsoring a community school may 23,116
utilize local funds to make enhancement grants to the school or 23,117
may agree, either as part of the contract or separately, to 23,118
provide any specific services to the community school at no cost 23,119
to the school.
(H) A community school may not levy taxes or issue bonds 23,121
secured by tax revenues. 23,122
(I) No community school shall charge tuition for the 23,124
enrollment of any student. 23,125
(J) A community school may borrow money to pay any 23,127
528
necessary and actual expenses of the school in anticipation of 23,129
the receipt of any portion of the payments to be received by the 23,130
school pursuant to division (D) of this section. The school may 23,131
issue notes to evidence such borrowing to mature no later than 23,132
the end of the fiscal year in which such money was borrowed. The
proceeds of the notes shall be used only for the purposes for 23,133
which the anticipated receipts may be lawfully expended by the 23,134
school.
(K) For purposes of determining the number of students for 23,137
which divisions (D)(4) and (5) of this section applies in any 23,139
school year, a community school may submit to the state 23,140
department of human JOB AND FAMILY services, no later than the 23,141
first day of March, a list of the students enrolled in the 23,142
school. For each student on the list, the community school shall 23,143
indicate the student's name, address, and date of birth and the 23,144
school district where the student is entitled to attend school. 23,145
Upon receipt of a list under this division, the department of 23,147
human JOB AND FAMILY services shall determine, for each school 23,149
district where one or more students on the list is entitled to 23,150
attend school, the number of students residing in that school 23,153
district who were included in the department's report under 23,155
section 3317.10 of the Revised Code. The department shall make
this determination on the basis of information readily available 23,156
to it. Upon making this determination and no later than ninety 23,158
days after submission of the list by the community school, the 23,159
department shall report to the state department of education the
number of students on the list who reside in each school district 23,161
who were included in the department's report under section 23,162
3317.10 of the Revised Code. In complying with this division,
the department of human JOB AND FAMILY services shall not report 23,163
to the state department of education any personally identifiable 23,165
information on any student.
(L) The department of education shall adjust the amounts 23,167
subtracted and paid under divisions (C) and (D) of this section 23,169
529
to reflect any enrollment of students in community schools for
less than the equivalent of a full school year. For purposes of 23,170
this section, a student shall be considered enrolled in the 23,171
community school for any portion of the school year the student 23,172
is participating at a college under Chapter 3365. of the Revised 23,173
Code.
(M) The department of education shall reduce the amounts 23,175
paid under division (D) of this section to reflect payments made 23,176
to colleges under division (B) of section 3365.07 of the Revised 23,177
Code.
Sec. 3317.029. (A) As used in this section: 23,186
(1) "DPIA percentage" means the quotient obtained by 23,189
dividing the five-year average number of children ages five to 23,190
seventeen residing in the school district and living in a family 23,191
receiving family assistance, as certified or adjusted under 23,192
section 3317.10 of the Revised Code, by the district's three-year 23,193
average formula ADM.
(2) "Family assistance" means assistance received under 23,195
the Ohio works first program or, for the purpose of determining 23,197
the five-year average number of recipients of family assistance 23,198
in fiscal years 1999 through 2002, assistance received under an 23,199
antecedent program known as TANF or ADC. 23,200
(3) "Statewide DPIA percentage" means the five-year 23,203
average of the total number of children ages five to seventeen 23,204
years residing in the state and receiving family assistance, 23,205
divided by the sum of the three-year average formula ADMs for all 23,207
school districts in the state.
(4) "DPIA index" means the quotient obtained by dividing 23,210
the school district's DPIA percentage by the statewide DPIA 23,212
percentage.
(5) "Kindergarten ADM" means the number of students 23,215
reported under section 3317.03 of the Revised Code as enrolled in 23,216
kindergarten. 23,217
(6) "Kindergarten through third grade ADM" means the 23,220
530
amount calculated as follows:
(a) Multiply the kindergarten ADM by the sum of one plus 23,223
the all-day kindergarten percentage; 23,224
(b) Add the number of students in grades one through 23,226
three;
(c) Subtract from the sum calculated under division 23,228
(A)(6)(b) of this section the number of special education 23,230
students in grades kindergarten through three. 23,231
(7) "Statewide average teacher salary" means forty 23,233
thousand one hundred eighty-seven dollars in fiscal year 2000, 23,235
and forty-one thousand three hundred twelve dollars in fiscal 23,236
year 2001, which includes an amount for the value of fringe 23,237
benefits.
(8) "All-day kindergarten" means a kindergarten class that 23,240
is in session five days per week for not less than the same 23,241
number of clock hours each day as for pupils in grades one 23,242
through six.
(9) "All-day kindergarten percentage" means the percentage 23,244
of a district's actual total number of students enrolled in 23,245
kindergarten who are enrolled in all-day kindergarten. 23,246
(10) "Buildings with the highest concentration of need" 23,248
means the school buildings in a district with percentages of 23,250
students receiving family assistance in grades kindergarten 23,251
through three at least as high as the district-wide percentage of 23,252
students receiving family assistance. If, however, the 23,253
information provided by the department of human JOB AND FAMILY 23,254
services under section 3317.10 of the Revised Code is 23,256
insufficient to determine the family assistance percentage in 23,257
each building, "buildings with the highest concentration of need" 23,258
has the meaning given in rules that the department of education 23,259
shall adopt. The rules shall base the definition of "buildings 23,260
with the highest concentration of need" on family income of 23,261
students in grades kindergarten through three in a manner that, 23,262
to the extent possible with available data, approximates the 23,263
531
intent of this division and division (G) of this section to 23,265
designate buildings where the family assistance percentage in 23,266
those grades equals or exceeds the district-wide family 23,267
assistance percentage.
(B) In addition to the amounts required to be paid to a 23,270
school district under section 3317.022 of the Revised Code, a 23,271
school district shall receive the greater of the amount the 23,272
district received in fiscal year 1998 pursuant to division (B) of 23,273
section 3317.023 of the Revised Code as it existed at that time 23,275
or the sum of the computations made under divisions (C) to (E) of 23,276
this section.
(C) A supplemental payment that may be utilized for 23,278
measures related to safety and security and for remediation or 23,279
similar programs, calculated as follows: 23,280
(1) If the DPIA index of the school district is greater 23,283
than or equal to thirty-five-hundredths, but less than one, an 23,284
amount obtained by multiplying the five-year average number of 23,285
pupils in a district receiving family assistance by two hundred 23,286
thirty dollars; 23,287
(2) If the DPIA index of the school district is greater 23,290
than or equal to one, an amount obtained by multiplying the DPIA 23,292
index by two hundred thirty dollars and multiplying that product 23,293
by the five-year average number of pupils in a district receiving 23,294
family assistance. 23,295
(D) A payment for all-day kindergarten if the DPIA index 23,298
of the school district is greater than or equal to one or if the 23,299
district's three-year average formula ADM exceeded seventeen 23,300
thousand five hundred, calculated by multiplying the all-day 23,301
kindergarten percentage by the kindergarten ADM and multiplying 23,302
that product by the formula amount. 23,303
(E) A class-size reduction payment based on calculating 23,306
the number of new teachers necessary to achieve a lower 23,307
student-teacher ratio, as follows: 23,308
(1) Determine or calculate a formula number of teachers 23,310
532
per one thousand students based on the DPIA index of the school 23,312
district as follows: 23,313
(a) If the DPIA index of the school district is less than 23,316
six-tenths, the formula number of teachers is 43.478, which is 23,317
the number of teachers per one thousand students at a 23,318
student-teacher ratio of twenty-three to one; 23,319
(b) If the DPIA index of the school district is greater 23,322
than or equal to six-tenths, but less than two and one-half, the 23,323
formula number of teachers is calculated as follows: 23,324
43.478 + §[(DPIA index-0.6)/1.97X 1.9< X 23.188} 23,327
Where 43.478 is the number of teachers per one thousand 23,329
students at a student-teacher ratio of twenty-three to one; 1.9 23,330
is the interval from a DPIA index of six-tenths to a DPIA index 23,333
of two and one-half; and 23.188 is the difference in the number 23,334
of teachers per one thousand students at a student-teacher ratio 23,335
of fifteen to one and the number of teachers per one thousand 23,336
students at a student-teacher ratio of twenty-three to one. 23,338
(c) If the DPIA index of the school district is greater 23,341
than or equal to two and one-half, the formula number of teachers 23,342
is 66.667, which is the number of teachers per one thousand 23,343
students at a student-teacher ratio of fifteen to one. 23,344
(2) Multiply the formula number of teachers determined or 23,346
calculated in division (E)(1) of this section by the kindergarten 23,348
through third grade ADM for the district and divide that product 23,349
by one thousand;
(3) Calculate the number of new teachers as follows: 23,351
(a) Multiply the kindergarten through third grade ADM by 23,354
43.478, which is the number of teachers per one thousand students 23,355
at a student-teacher ratio of twenty-three to one, and divide 23,356
that product by one thousand;
(b) Subtract the quotient obtained in division (E)(3)(a) 23,359
of this section from the product in division (E)(2) of this 23,360
section.
(4) Multiply the greater of the difference obtained under 23,362
533
division (E)(3) of this section or zero by the statewide average 23,364
teachers salary.
(F) This division applies only to school districts whose 23,366
DPIA index is one or greater. 23,367
(1) Each school district subject to this division shall 23,369
first utilize funds received under this section so that, when 23,370
combined with other funds of the district, sufficient funds exist 23,371
to provide all-day kindergarten to at least the number of 23,372
children in the district's all-day kindergarten percentage. 23,373
(2) Up to an amount equal to the district's DPIA index 23,375
multiplied by the five-year average number of pupils in a 23,376
district receiving family assistance multiplied by two hundred 23,377
thirty dollars of the money distributed under this section may be 23,379
utilized for one or both of the following: 23,380
(a) Programs designed to ensure that schools are free of 23,383
drugs and violence and have a disciplined environment conducive 23,384
to learning;
(b) Remediation for students who have failed or are in 23,387
danger of failing any of the proficiency tests administered 23,388
pursuant to section 3301.0710 of the Revised Code.
(3) Except as otherwise required by division (G) or 23,390
permitted under division (K) of this section, all other funds 23,392
distributed under this section to districts subject to this 23,393
division shall be utilized for the purpose of the third grade 23,394
guarantee. The third grade guarantee consists of increasing the 23,395
amount of instructional attention received per pupil in 23,396
kindergarten through third grade, either by reducing the ratio of 23,397
students to instructional personnel or by increasing the amount 23,398
of instruction and curriculum-related activities by extending the 23,399
length of the school day or the school year. 23,400
School districts may implement a reduction of the ratio of 23,402
students to instructional personnel through any or all of the 23,403
following methods: 23,404
(a) Reducing the number of students in a classroom taught 23,407
534
by a single teacher;
(b) Employing full-time educational aides or educational 23,410
paraprofessionals issued a permit or license under section 23,411
3319.088 of the Revised Code;
(c) Instituting a team-teaching method that will result in 23,414
a lower student-teacher ratio in a classroom.
Districts may extend the school day either by increasing 23,416
the amount of time allocated for each class, increasing the 23,417
number of classes provided per day, offering optional 23,418
academic-related after-school programs, providing 23,419
curriculum-related extra curricular activities, or establishing 23,420
tutoring or remedial services for students who have demonstrated 23,421
an educational need. In accordance with section 3319.089 of the 23,422
Revised Code, a district extending the school day pursuant to 23,424
this division may utilize a participant of the work experience 23,425
program who has a child enrolled in a public school in that 23,426
district and who is fulfilling the work requirements of that
program by volunteering or working in that public school. If the 23,427
work experience program participant is compensated, the school 23,428
district may use the funds distributed under this section for all 23,429
or part of the compensation.
Districts may extend the school year either through adding 23,431
regular days of instruction to the school calendar or by 23,432
providing summer programs. 23,433
(G) Each district subject to division (F) of this section 23,436
shall not expend any funds received under division (E) of this 23,437
section in any school buildings that are not buildings with the 23,438
highest concentration of need, unless there is a ratio of 23,439
instructional personnel to students of no more than fifteen to 23,440
one in each kindergarten and first grade class in all buildings 23,441
with the highest concentration of need. This division does not 23,442
require that the funds used in buildings with the highest 23,443
concentration of need be spent solely to reduce the ratio of 23,444
instructional personnel to students in kindergarten and first 23,445
535
grade. A school district may spend the funds in those buildings 23,446
in any manner permitted by division (F)(3) of this section, but 23,447
may not spend the money in other buildings unless the 23,448
fifteen-to-one ratio required by this division is attained. 23,449
(H)(1) By the first day of August of each fiscal year, 23,451
each school district wishing to receive any funds under division 23,452
(D) of this section shall submit to the department of education 23,454
an estimate of its all-day kindergarten percentage. Each 23,456
district shall update its estimate throughout the fiscal year in 23,457
the form and manner required by the department, and the 23,458
department shall adjust payments under this section to reflect 23,459
the updates.
(2) Annually by the end of December, the department of 23,461
education, utilizing data from the information system established 23,463
under section 3301.0714 of the Revised Code and after 23,464
consultation with the legislative office of education oversight, 23,465
shall determine for each school district subject to division (F) 23,466
of this section whether in the preceding fiscal year the 23,467
district's ratio of instructional personnel to students and its 23,468
number of kindergarten students receiving all-day kindergarten 23,469
appear reasonable, given the amounts of money the district 23,470
received for that fiscal year pursuant to divisions (D) and (E) 23,471
of this section. If the department is unable to verify from the 23,472
data available that students are receiving reasonable amounts of 23,473
instructional attention and all-day kindergarten, given the funds 23,474
the district has received under this section and that class-size 23,476
reduction funds are being used in school buildings with the 23,477
highest concentration of need as required by division (G) of this 23,478
section, the department shall conduct a more intensive 23,479
investigation to ensure that funds have been expended as required 23,480
by this section. The department shall file an annual report of 23,481
its findings under this division with the chairpersons of the 23,482
committees in each house of the general assembly dealing with 23,483
finance and education.
536
(I) Any school district with a DPIA index less than one 23,485
and a three-year average formula ADM exceeding seventeen thousand 23,488
five hundred shall first utilize funds received under this 23,489
section so that, when combined with other funds of the district,
sufficient funds exist to provide all-day kindergarten to at 23,490
least the number of children in the district's all-day 23,491
kindergarten percentage. Such a district shall expend at least 23,492
seventy per cent of the remaining funds received under this 23,493
section, and any other district with a DPIA index less than one 23,495
shall expend at least seventy per cent of all funds received 23,496
under this section, for any of the following purposes: 23,497
(1) The purchase of technology for instructional purposes; 23,500
(2) All-day kindergarten; 23,502
(3) Reduction of class sizes; 23,504
(4) Summer school remediation; 23,506
(5) Dropout prevention programs; 23,508
(6) Guaranteeing that all third graders are ready to 23,511
progress to more advanced work;
(7) Summer education and work programs; 23,513
(8) Adolescent pregnancy programs; 23,515
(9) Head start or preschool programs; 23,517
(10) Reading improvement programs described by the 23,520
department of education;
(11) Programs designed to ensure that schools are free of 23,523
drugs and violence and have a disciplined environment conducive 23,524
to learning;
(12) Furnishing, free of charge, materials used in courses 23,527
of instruction, except for the necessary textbooks or electronic 23,528
textbooks required to be furnished without charge pursuant to
section 3329.06 of the Revised Code, to pupils living in families 23,529
participating in Ohio works first in accordance with section 23,530
3313.642 of the Revised Code; 23,531
(13) School breakfasts provided pursuant to section 23,533
3313.813 of the Revised Code. 23,534
537
Each district shall submit to the department, in such 23,536
format and at such time as the department shall specify, a report 23,537
on the programs for which it expended funds under this division. 23,538
(J) If at any time the superintendent of public 23,540
instruction determines that a school district receiving funds 23,541
under division (D) of this section has enrolled less than the 23,542
all-day kindergarten percentage reported for that fiscal year, 23,544
the superintendent shall withhold from the funds otherwise due 23,545
the district under this section a proportional amount as 23,546
determined by the difference in the certified all-day 23,547
kindergarten percentage and the percentage actually enrolled in 23,548
all-day kindergarten. 23,549
The superintendent shall also withhold an appropriate 23,551
amount of funds otherwise due a district for any other misuse of 23,552
funds not in accordance with this section. 23,553
(K)(1) A district may use a portion of the funds 23,555
calculated for it under division (D) of this section to modify or 23,556
purchase classroom space to provide all-day kindergarten, if both 23,557
of the following conditions are met: 23,558
(a) The district certifies to the department, in a manner 23,560
acceptable to the department, that it has a shortage of space for 23,561
providing all-day kindergarten. 23,562
(b) The district provides all-day kindergarten to the 23,564
number of children in the all-day kindergarten percentage it 23,565
certified under this section.
(2) A district may use a portion of the funds described in 23,567
division (F)(3) of this section to modify or purchase classroom 23,568
space to enable it to further reduce class size in grades 23,569
kindergarten through two with a goal of attaining class sizes of 23,570
fifteen students per licensed teacher. To do so, the district 23,571
must certify its need for additional space to the department, in 23,572
a manner satisfactory to the department. 23,573
Sec. 3317.06. Moneys paid to school districts under 23,582
division (L) of section 3317.024 of the Revised Code shall be 23,584
538
used for the following independent and fully severable purposes:
(A) To purchase such secular textbooks or electronic 23,586
textbooks as have been approved by the superintendent of public 23,588
instruction for use in public schools in the state and to loan 23,589
such textbooks or electronic textbooks to pupils attending 23,591
nonpublic schools within the district or to their parents and to 23,592
hire clerical personnel to administer such lending program. Such 23,593
loans shall be based upon individual requests submitted by such 23,594
nonpublic school pupils or parents. Such requests shall be 23,595
submitted to the school district in which the nonpublic school is 23,596
located. Such individual requests for the loan of textbooks or 23,597
electronic textbooks shall, for administrative convenience, be 23,598
submitted by the nonpublic school pupil or the pupil's parent to 23,600
the nonpublic school, which shall prepare and submit collective 23,601
summaries of the individual requests to the school district. As 23,602
used in this section: 23,603
(1) "Textbook" means any book or book substitute that a 23,606
pupil uses as a consumable or nonconsumable text, text 23,607
substitute, or text supplement in a particular class or program 23,609
in the school the pupil regularly attends. 23,610
(2) "Electronic textbook" means computer software, 23,612
interactive videodisc, magnetic media, CD-ROM, computer 23,613
courseware, local and remote computer assisted instruction, 23,614
on-line service, electronic medium, or other means of conveying 23,615
information to the student or otherwise contributing to the 23,616
learning process through electronic means.
(B) To provide speech and hearing diagnostic services to 23,618
pupils attending nonpublic schools within the district. Such 23,619
service shall be provided in the nonpublic school attended by the 23,620
pupil receiving the service. 23,621
(C) To provide physician, nursing, dental, and optometric 23,623
services to pupils attending nonpublic schools within the 23,624
district. Such services shall be provided in the school attended 23,625
by the nonpublic school pupil receiving the service. 23,626
539
(D) To provide diagnostic psychological services to pupils 23,628
attending nonpublic schools within the district. Such services 23,629
shall be provided in the school attended by the pupil receiving 23,630
the service. 23,631
(E) To provide therapeutic psychological and speech and 23,633
hearing services to pupils attending nonpublic schools within the 23,634
district. Such services shall be provided in the public school, 23,635
in nonpublic schools, in public centers, or in mobile units 23,636
located on or off of the nonpublic premises. If such services 23,637
are provided in the public school or in public centers, 23,638
transportation to and from such facilities shall be provided by 23,639
the school district in which the nonpublic school is located. 23,640
(F) To provide guidance and counseling services to pupils 23,642
attending nonpublic schools within the district. Such services 23,643
shall be provided in the public school, in nonpublic schools, in 23,644
public centers, or in mobile units located on or off of the 23,646
nonpublic premises. If such services are provided in the public 23,647
school or in public centers, transportation to and from such 23,648
facilities shall be provided by the school district in which the 23,649
nonpublic school is located.
(G) To provide remedial services to pupils attending 23,651
nonpublic schools within the district. Such services shall be 23,652
provided in the public school, in nonpublic schools, in public 23,653
centers, or in mobile units located on or off of the nonpublic 23,654
premises. If such services are provided in the public school or 23,656
in public centers, transportation to and from such facilities 23,657
shall be provided by the school district in which the nonpublic 23,658
school is located.
(H) To supply for use by pupils attending nonpublic 23,660
schools within the district such standardized tests and scoring 23,661
services as are in use in the public schools of the state; 23,662
(I) To provide programs for children who attend nonpublic 23,664
schools within the district and are handicapped children as 23,665
defined in division (A) of section 3323.01 of the Revised Code or 23,666
540
gifted children. Such programs shall be provided in the public 23,667
school, in nonpublic schools, in public centers, or in mobile 23,668
units located on or off of the nonpublic premises. If such 23,671
programs are provided in the public school or in public centers, 23,672
transportation to and from such facilities shall be provided by 23,673
the school district in which the nonpublic school is located. 23,674
(J) To hire clerical personnel to assist in the 23,676
administration of programs pursuant to divisions (B), (C), (D), 23,677
(E), (F), (G), and (I) of this section and to hire supervisory 23,678
personnel to supervise the providing of services and textbooks 23,679
pursuant to this section. 23,680
(K) To purchase any secular, neutral, and nonideological 23,682
computer software (including site-licensing), prerecorded video 23,684
laserdiscs, digital video on demand (DVD), compact discs, and 23,685
video cassette cartridges, wide area connectivity and related 23,687
technology as it relates to internet access, mathematics or
science equipment and materials, instructional materials, and 23,690
school library materials that are in general use in the public 23,691
schools of the state and loan such items to pupils attending 23,693
nonpublic schools within the district or to their parents, and to 23,694
hire clerical personnel to administer the lending program. Only 23,695
such items that are incapable of diversion to religious use and 23,697
that are susceptible of loan to individual pupils and are 23,698
furnished for the use of individual pupils shall be purchased and 23,699
loaned under this division. As used in this section, 23,700
"instructional materials" means prepared learning materials that 23,701
are secular, neutral, and nonideological in character and are of 23,702
benefit to the instruction of school children, and may include 23,703
educational resources and services developed by the Ohio 23,704
schoolnet commission.
(L) To purchase instructional equipment, including 23,706
computer hardware, for use by pupils attending nonpublic schools 23,708
within the district, if such usage only occurs when these pupils 23,710
are being provided the secular remedial, diagnostic, or 23,711
541
therapeutic services pursuant to division (B), (D), (E), (F), 23,713
(G), or (I) of this section.
(M) To purchase mobile units to be used for the provision 23,716
of services pursuant to divisions (E), (F), (G), and (I) of this 23,719
section and to pay for necessary repairs and operating costs 23,720
associated with these units. 23,721
Clerical and supervisory personnel hired pursuant to 23,723
division (J) of this section shall perform their services in the 23,724
public schools, in nonpublic schools, public centers, or mobile 23,725
units where the services are provided to the nonpublic school 23,727
pupil, except that such personnel may accompany pupils to and 23,728
from the service sites when necessary to ensure the safety of the 23,729
children receiving the services. 23,730
Health services provided pursuant to divisions (B), (C), 23,732
(D), and (E) of this section may be provided under contract with 23,733
the department of health, city or general health districts, or 23,734
private agencies whose personnel are properly licensed by an 23,735
appropriate state board or agency. 23,736
Transportation of pupils provided pursuant to divisions 23,738
(E), (F), (G), and (I) of this section shall be provided by the 23,739
school district from its general funds and not from moneys paid 23,740
to it under division (L) of section 3317.024 of the Revised Code 23,742
unless a special transportation request is submitted by the
parent of the child receiving service pursuant to such divisions. 23,743
If such an application is presented to the school district, it 23,744
may pay for the transportation from moneys paid to it under 23,745
division (L) of section 3317.024 of the Revised Code. 23,746
No school district shall provide health or remedial 23,748
services to nonpublic school pupils as authorized by this section 23,749
unless such services are available to pupils attending the public 23,750
schools within the district. 23,751
Materials, equipment, computer software, textbooks, 23,753
electronic textbooks, and health and remedial services provided 23,755
for the benefit of nonpublic school pupils pursuant to this 23,756
542
section and the admission of pupils to such nonpublic schools 23,757
shall be provided without distinction as to race, creed, color, 23,758
or national origin of such pupils or of their teachers. 23,759
No school district shall provide services for use in 23,761
religious courses, devotional exercises, religious training, or 23,762
any other religious activity. 23,763
As used in this section, "parent" includes a person 23,765
standing in loco parentis to a child. 23,766
Notwithstanding section 3317.01 of the Revised Code, 23,768
payments shall be made under this section to any city, local, or 23,769
exempted village school district within which is located one or 23,770
more nonpublic elementary or high schools. 23,771
The allocation of payments for materials, equipment, 23,773
textbooks, electronic textbooks, health services, and remedial 23,774
services to city, local, and exempted village school districts 23,776
shall be on the basis of the state board of education's estimated 23,777
annual average daily membership in nonpublic elementary and high 23,778
schools located in the district. 23,779
Payments made to city, local, and exempted village school 23,781
districts under this section shall be equal to specific 23,782
appropriations made for the purpose. All interest earned by a 23,783
school district on such payments shall be used by the district 23,784
for the same purposes and in the same manner as the payments may 23,785
be used. 23,786
The department of education shall adopt guidelines and 23,788
procedures under which such programs and services shall be 23,789
provided, under which districts shall be reimbursed for 23,790
administrative costs incurred in providing such programs and 23,791
services, and under which any unexpended balance of the amounts 23,792
appropriated by the general assembly to implement this section 23,793
may be transferred to the auxiliary services personnel 23,794
unemployment compensation fund established pursuant to section 23,795
4141.47 of the Revised Code. The department shall also adopt 23,796
guidelines and procedures limiting the purchase and loan of the 23,798
543
items described in division (K) of this section to items that are 23,800
in general use in the public schools of the state, that are 23,801
incapable of diversion to religious use, and that are susceptible 23,802
to individual use rather than classroom use. Within thirty days 23,803
after the end of each biennium, each board of education shall 23,804
remit to the department all moneys paid to it under division (L) 23,805
of section 3317.024 of the Revised Code and any interest earned 23,806
on those moneys that are not required to pay expenses incurred 23,807
under this section during the biennium for which the money was 23,808
appropriated and during which the interest was earned. If a 23,809
board of education subsequently determines that the remittal of 23,810
moneys leaves the board with insufficient money to pay all valid 23,811
expenses incurred under this section during the biennium for 23,812
which the remitted money was appropriated, the board may apply to 23,813
the department of education for a refund of money, not to exceed 23,814
the amount of the insufficiency. If the department determines 23,815
the expenses were lawfully incurred and would have been lawful 23,816
expenditures of the refunded money, it shall certify its 23,817
determination and the amount of the refund to be made to the 23,818
administrator DIRECTOR of the bureau of employment JOBS AND 23,820
FAMILY services who shall make a refund as provided in section 23,822
4141.47 of the Revised Code.
Sec. 3317.064. (A) There is hereby established in the 23,831
state treasury the auxiliary services mobile unit replacement and 23,832
repair fund. By the thirtieth day of January of each 23,833
odd-numbered year, the administrator DIRECTOR of the bureau of 23,835
employment JOB AND FAMILY services and the superintendent of 23,836
public instruction shall determine the amount of any excess 23,837
moneys in the auxiliary services personnel unemployment 23,838
compensation fund not reasonably necessary for the purposes of 23,839
section 4141.47 of the Revised Code, and shall certify such 23,840
amount to the director of budget and management for transfer to 23,841
the auxiliary services mobile unit replacement and repair fund. 23,842
If the administrator DIRECTOR OF JOBS AND FAMILY SERVICES and the 23,843
544
superintendent disagree on such amount, the director OF BUDGET 23,844
AND MANAGEMENT shall determine the amount to be transferred. 23,846
(B) Moneys in the auxiliary services mobile unit 23,848
replacement and repair fund shall be used for the relocation or 23,849
for the replacement and repair of mobile units used to provide 23,851
the services specified in division (E), (F), (G), or (I) of 23,852
section 3317.06 of the Revised Code and for no other purposes. 23,853
The state board of education shall adopt guidelines and 23,854
procedures for replacement, repair, and relocation of mobile 23,855
units and the procedures under which a school district may apply 23,857
to receive moneys with which to repair or replace or relocate 23,858
such units.
Sec. 3317.10. (A) On or before the first day of March of 23,867
each year, the department of human JOB AND FAMILY services shall 23,869
certify to the state board of education the number of children 23,870
ages five through seventeen residing in each school district and 23,871
living in a family that participated in Ohio works first under 23,872
Chapter 5107. of the Revised Code during the preceding October 23,873
according to the school district of residence for each child. 23,874
Except as provided under division (B) of this section, the number 23,875
of children so certified in any year shall be used by the 23,876
department of education in calculating the distribution of moneys 23,877
for the ensuing fiscal year provided in section 3317.029 of the 23,878
Revised Code.
(B) Upon the transfer of part of the territory of one 23,880
school district to the territory of one or more other school 23,881
districts, the department of education may adjust the number 23,882
certified under division (A) of this section for any district 23,884
gaining or losing territory in such a transfer in order to take
into account the effect of the transfer on the number of children 23,885
ages five through seventeen who reside in the district and live 23,886
in a family that participates in Ohio works first. Within sixty 23,887
days of receipt of a request for information from the department 23,889
of education, the department of human JOB AND FAMILY services
545
shall provide any information the department of education 23,890
determines is necessary to make such adjustments. The department 23,891
of education may use the adjusted number for any district for the 23,892
applicable fiscal year, in lieu of the number certified for the 23,893
district for that fiscal year under division (A) of this section, 23,895
in the calculation of the distribution of moneys provided in
section 3317.029 of the Revised Code. 23,896
Sec. 3319.089. The board of education of any city, local, 23,906
or exempted village school district may adopt a resolution 23,907
approving a contract with a county department of human JOB AND 23,908
FAMILY services under section 5107.541 of the Revised Code to 23,909
provide for a participant of the work experience program who has 23,910
a child enrolled in a public school in that district to fulfill 23,911
the work requirements of the work experience program by 23,912
volunteering or working in that public school in accordance with 23,913
section 5107.541 of the Revised Code. Such recipients are not 23,914
employees of such board of education. 23,915
Before a school district places a participant in a public 23,917
school under this section, the appointing officer or hiring 23,918
officer of the board of education of a school district shall 23,919
request a criminal records check of the participant to be 23,920
conducted in the same manner as required for a person responsible 23,921
for the care, custody, or control of a child in accordance with
section 3319.39 of the Revised Code, The records check shall be 23,922
conducted even though the participant, if subsequently hired, 23,924
would not be considered an employee of the school district for 23,925
purposes of working at the school. A participant shall not be 23,926
placed in a school if the participant previously has been
convicted of or pleaded guilty to any of the offenses listed in 23,927
division (B)(1)(a) or (b) of section 3319.39 of the Revised Code. 23,929
Sec. 3321.18. The attendance officer provided for by 23,938
section 3321.14 or 3321.15 of the Revised Code shall institute 23,939
proceedings against any officer, parent, guardian, or other 23,940
person violating laws relating to compulsory education and the 23,941
546
employment of minors, and otherwise discharge the duties 23,942
described in sections 3321.14 to 3321.22 of the Revised Code, and 23,943
perform such other service as the superintendent of schools or 23,944
board of education of the district by which he THE ATTENDANCE 23,945
OFFICER is employed considers necessary to preserve the morals 23,946
and secure the good conduct of school children, and to enforce 23,947
such laws.
The attendance officer shall be furnished with copies of 23,949
the enumeration in each school district in which he THE 23,950
ATTENDANCE OFFICER serves and of the lists of pupils enrolled in 23,951
the schools and shall report to the superintendent discrepancies 23,952
between these lists and the enumeration. 23,953
The attendance officer and assistants shall cooperate with 23,955
the bureau DIRECTOR of employment services COMMERCE in enforcing 23,957
the laws relating to the employment of minors. The attendance 23,958
officer shall furnish upon request such data as he THE ATTENDANCE 23,959
OFFICER and his THE ATTENDANCE OFFICER'S assistants have 23,960
collected in their reports of children from six to eighteen years 23,962
of age and also concerning employers to the bureau DIRECTOR and 23,963
upon request to the state board of education. The attendance 23,964
officer must keep a record of his THE ATTENDANCE OFFICER'S 23,965
transactions for the inspection and information of the 23,966
superintendent of schools and the board of education; and shall 23,968
make reports to the superintendent of schools as often as 23,969
required by him THE SUPERINTENDENT. The state board of education 23,970
may prescribe forms for the use of attendance officers in the 23,971
performance of their duties. The blank forms and record books or 23,972
indexes shall be furnished to the attendance officers by the 23,973
boards of education by which they are employed.
Sec. 3323.021. As used in this section, "participating 23,982
county MR/DD board" means a county board of mental retardation 23,984
and developmental disabilities electing to participate in the 23,985
provision of or contracting for educational services for children 23,986
under division (D) of section 5126.05 of the Revised Code. 23,987
547
(A) When a school district, educational service center, or 23,990
participating county MR/DD board enters into an agreement or 23,992
contract with another school district, educational service 23,993
center, or participating county MR/DD board to provide 23,994
educational services to a disabled child during a school year, 23,995
both of the following shall apply: 23,996
(1) Beginning with fiscal year 1999, if the provider of 23,998
the services intends to increase the amount it charges for some 24,000
or all of those services during the next school year or if the 24,001
provider intends to cease offering all or part of those services 24,002
during the next school year, the provider shall notify the entity 24,003
for which the services are provided of these intended changes no 24,004
later that the first day of March of the current fiscal year. 24,006
(2) Beginning with fiscal year 1999, if the entity for 24,008
which services are provided intends to cease obtaining those 24,010
services from the provider for the next school year or intends to 24,011
change the type or amount of services it obtains from the 24,012
provider for the next school year, the entity shall notify the 24,013
service provider of these intended changes no later than the 24,014
first day of March of the current fiscal year. 24,016
(B) School districts, educational service centers, 24,019
participating county MR/DD boards, and other applicable 24,021
governmental entities shall collaborate where possible to 24,022
maximize federal sources of revenue, including the community 24,023
alternative funding system of the medical assistance program 24,024
established under Chapter 5111. of the Revised Code, to provide 24,027
additional funds for special education related services for 24,028
disabled children. Annually, each school district shall report 24,029
to the department of education any amounts of money the district 24,030
received through such medical assistance program. 24,031
(C) The state board of education, the department of mental 24,034
retardation and developmental disabilities, and the department of 24,035
human JOB AND FAMILY services shall develop working agreements 24,036
for pursuing additional funds for services for disabled children. 24,037
548
Sec. 3331.04. Whenever an age and schooling certificate is 24,047
applied for by a child over sixteen years of age who is unable to 24,048
pass a test for the completion of the work of the seventh grade 24,049
and who is not so below the normal in mental development that he 24,050
THE CHILD cannot profit from further schooling, an age and 24,051
schooling certificate may be issued by the superintendent of 24,052
schools to such child upon proof acceptable to such 24,053
superintendent of the following facts and upon agreement to the 24,054
respective conditions made in writing by the child and by the 24,055
parents, guardian, or custodian in charge of such child: 24,056
(A) That the child is addicted to no habit which is likely 24,058
to detract from his THE CHILD'S reliability or effectiveness as a 24,060
worker, or proper use of his THE CHILD'S earnings or leisure, or 24,061
the probability of his THE CHILD'S faithfully carrying out the 24,062
conditions to which he THE CHILD agrees as specified in division 24,063
(B) of this section, and in addition any one of the following
groups of facts: 24,064
(1) That the child has been a resident of the school 24,066
district for the last two years, has diligently attended upon 24,067
instruction at school for the last two years, and is able to 24,068
read, write, and perform the fundamental operations of 24,069
arithmetic. These abilities shall be judged by the 24,070
superintendent. 24,071
(2) That the child having been a resident of the school 24,073
district less than two years, diligently attended upon 24,074
instruction in school in the district in which the child was a 24,075
resident next preceding his THE CHILD'S residence in the present 24,076
district for the last school year preceding his THE CHILD'S 24,077
removal to the present district, and has diligently attended upon 24,078
instruction in the schools of the present district for the period 24,080
that he THE CHILD has been a resident thereof; 24,081
(3) That the child has removed to the present school 24,083
district since the beginning of the last annual school session, 24,084
and that instruction adapted to his THE CHILD'S needs is not 24,085
549
provided in the regular day schools in the district; 24,087
(4) That the child is not sufficiently familiar with the 24,089
English language to be properly instructed in the full-time day 24,090
schools of the district; 24,091
(5) That conditions are such that the child must provide 24,093
for his THE CHILD'S own support or that the child is needed for 24,094
the support or care of parents or for the support or care of 24,095
brothers or sisters for whom the parents are unable to provide 24,096
and that the child is desirous of working for the support or care 24,097
of himself SELF or of such parents or siblings and that such 24,098
child cannot render such needed support or care by a reasonable 24,099
effort outside of school hours; but no age and schooling 24,100
certificate shall be granted to a child of this group upon proof 24,101
of such facts without written consent given to the superintendent 24,102
by the juvenile judge and by the department of human JOB AND 24,103
FAMILY services.
(B)(1) In case the certificate is granted under division 24,105
(A)(1), (2), (3), or (5) of this section, that until reaching the 24,106
age of eighteen years the child will diligently attend in 24,107
addition to part-time classes, such evening classes as will add 24,108
to his THE CHILD'S education for literacy, citizenship, or 24,109
vocational preparation which may be made available to him THE 24,111
CHILD in the school district and which he THE CHILD may be 24,112
directed to attend by the superintendent, or in case no such 24,114
classes are available, that he THE CHILD will pursue such reading 24,115
and study and report monthly thereon as may be directed by the 24,116
superintendent;
(2) In case the certificate is granted under division 24,118
(A)(4) of this section, that until the age of eighteen years the 24,119
child will attend in addition to part-time classes, such evening 24,120
classes as will assist him THE CHILD to learn the English 24,121
language or advance in Americanization which may be made 24,123
available to him THE CHILD in the school district and which he 24,124
THE CHILD may be directed to attend by the superintendent. 24,125
550
Sec. 3335.24. The board of trustees of the Ohio state 24,134
university and the department of human JOB AND FAMILY services 24,135
may enter into a co-operative agreement for the construction, 24,136
operation, and maintenance of a ceramic experimental unit upon
property belonging to the state at Roseville. The terms of any 24,137
co-operative agreement entered into by the parties under this 24,138
section shall be binding upon them until modified by their mutual 24,139
consent.
Sec. 3354.21. The multipurpose center established under 24,148
section 3354.20 of the Revised Code may provide and may enter 24,149
into an agreement with a public or private nonprofit agency or 24,150
person to provide displaced homemakers with services. These 24,151
services may include, but not be limited to, the following: 24,152
(A) Job counseling, specifically designed for a person 24,154
reentering the job market after a number of years as a homemaker, 24,155
and utilizing peer counseling; 24,156
(B) Job training developed cooperatively with the Ohio 24,158
state employment service DIRECTOR OF JOB AND FAMILY SERVICES, 24,159
local government agencies, and private employers, for available 24,161
employment in the public and private sectors. The job training 24,162
program shall provide a stipend for trainees. As opportunities 24,163
for the employment of such skills in the community are identified 24,164
or developed, the center's program shall include training for: 24,165
(1) Employment counselors in social service agencies; 24,167
(2) Home health technicians with skills in nutrition, 24,169
basic health care, and nursing for the disabled and elderly; 24,170
(3) Health care counselors, for employment in hospital 24,172
outpatient and community clinics, especially in the counseling of 24,173
middle-aged patients. 24,174
(C) Assistance in finding employment. In its job-finding 24,176
program, the staff shall work with the Ohio bureau DIRECTOR of 24,177
employment JOB AND FAMILY services, and any other appropriate 24,178
public or private agency in the area where the center is located. 24,180
(D) Health service programs, including a clinic based on 24,182
551
principles of preventive health care and consumer health 24,183
education. The clinic shall provide basic physical and 24,184
gynecological examinations, information and referral to 24,185
physicians and clinics, discussion and activity groups on common 24,186
health problems of older persons, and alcohol and drug addiction 24,187
programs. 24,188
(E) Money management courses; 24,190
(F) Information concerning government assistance programs; 24,192
(G) Educational programs, including courses offering 24,194
credit through community colleges or leading to a high school 24,195
equivalency diploma; 24,196
(H) Counseling for the purpose of lessening or resolving 24,198
emotional problems, temporary stress, or impaired social 24,199
functioning. 24,200
Sec. 3501.01. As used in the sections of the Revised Code 24,209
relating to elections and political communications: 24,210
(A) "General election" means the election held on the 24,212
first Tuesday after the first Monday in each November. 24,213
(B) "Regular municipal election" means the election held 24,215
on the first Tuesday after the first Monday in November in each 24,216
odd-numbered year. 24,217
(C) "Regular state election" means the election held on 24,219
the first Tuesday after the first Monday in November in each 24,220
even-numbered year. 24,221
(D) "Special election" means any election other than those 24,223
elections defined in other divisions of this section. A special 24,224
election may be held only on the first Tuesday after the first 24,225
Monday in February, May, August, or November, or on the day 24,226
authorized by a particular municipal or county charter for the 24,227
holding of a primary election, except that in any year in which a 24,228
presidential primary election is held, no special election shall 24,229
be held in February or May, except as authorized by a municipal 24,230
or county charter, but may be held on the first Tuesday after the 24,232
first Monday in March. 24,233
552
(E)(1) "Primary" or "primary election" means an election 24,235
held for the purpose of nominating persons as candidates of 24,236
political parties for election to offices, and for the purpose of 24,237
electing persons as members of the controlling committees of 24,238
political parties and as delegates and alternates to the 24,239
conventions of political parties. Primary elections shall be 24,240
held on the first Tuesday after the first Monday in May of each 24,241
year except in years in which a presidential primary election is 24,242
held. 24,243
(2) "Presidential primary election" means a primary 24,245
election as defined by division (E)(1) of this section at which 24,247
an election is held for the purpose of choosing delegates and 24,248
alternates to the national conventions of the major political 24,249
parties pursuant to section 3513.12 of the Revised Code. Unless 24,250
otherwise specified, presidential primary elections are included 24,251
in references to primary elections. In years in which a 24,252
presidential primary election is held, all primary elections 24,253
shall be held on the first Tuesday after the first Monday in 24,254
March except as otherwise authorized by a municipal or county 24,256
charter.
(F) "Political party" means any group of voters meeting 24,258
the requirements set forth in section 3517.01 of the Revised Code 24,259
for the formation and existence of a political party. 24,260
(1) "Major political party" means any political party 24,262
organized under the laws of this state whose candidate for 24,263
governor or nominees for presidential electors received no less 24,264
than twenty per cent of the total vote cast for such office at 24,265
the most recent regular state election. 24,266
(2) "Intermediate political party" means any political 24,268
party organized under the laws of this state whose candidate for 24,269
governor or nominees for presidential electors received less than 24,270
twenty per cent but not less than ten per cent of the total vote 24,271
cast for such office at the most recent regular state election. 24,274
(3) "Minor political party" means any political party 24,276
553
organized under the laws of this state whose candidate for 24,277
governor or nominees for presidential electors received less than 24,278
ten per cent but not less than five per cent of the total vote 24,279
cast for such office at the most recent regular state election or 24,282
which has filed with the secretary of state, subsequent to any
election in which it received less than five per cent of such 24,283
vote, a petition signed by qualified electors equal in number to 24,284
at least one per cent of the total vote cast for such office in 24,285
the last preceding regular state election, except that a newly 24,286
formed political party shall be known as a minor political party 24,287
until the time of the first election for governor or president 24,288
which occurs not less than twelve months subsequent to the 24,289
formation of such party, after which election the status of such 24,290
party shall be determined by the vote for the office of governor 24,291
or president. 24,292
(G) "Dominant party in a precinct" or "dominant political 24,294
party in a precinct" means that political party whose candidate 24,295
for election to the office of governor at the most recent regular 24,298
state election at which a governor was elected received more 24,299
votes than any other person received for election to that office 24,301
in such precinct at such election.
(H) "Candidate" means any qualified person certified in 24,303
accordance with the provisions of the Revised Code for placement 24,304
on the official ballot of a primary, general, or special election 24,305
to be held in this state, or any qualified person who claims to 24,306
be a write-in candidate, or who knowingly assents to being 24,308
represented as a write-in candidate by another at either a 24,309
primary, general, or special election to be held in this state. 24,310
(I) "Independent candidate" means any candidate who claims 24,312
not to be affiliated with a political party, and whose name has 24,314
been certified on the office-type ballot at a general or special 24,315
election through the filing of a statement of candidacy and 24,316
nominating petition, as prescribed in section 3513.257 of the 24,317
Revised Code.
554
(J) "Nonpartisan candidate" means any candidate whose name 24,319
is required, pursuant to section 3505.04 of the Revised Code, to 24,320
be listed on the nonpartisan ballot, including all candidates for 24,321
judicial office, for member of any board of education, for 24,322
municipal or township offices in which primary elections are not 24,323
held for nominating candidates by political parties, and for 24,324
offices of municipal corporations having charters that provide 24,325
for separate ballots for elections for these offices. 24,326
(K) "Party candidate" means any candidate who claims to be 24,328
a member of a political party, whose name has been certified on 24,331
the office-type ballot at a general or special election through 24,332
the filing of a declaration of candidacy and petition of
candidate, and who has won the primary election of the 24,333
candidate's party for the public office the candidate seeks or is 24,334
selected by party committee in accordance with section 3513.31 of 24,335
the Revised Code.
(L) "Officer of a political party" includes, but is not 24,337
limited to, any member, elected or appointed, of a controlling 24,338
committee, whether representing the territory of the state, a 24,339
district therein, a county, township, a city, a ward, a precinct, 24,340
or other territory, of a major, intermediate, or minor political 24,341
party. 24,342
(M) "Question or issue" means any question or issue 24,344
certified in accordance with the Revised Code for placement on an 24,345
official ballot at a general or special election to be held in 24,346
this state. 24,347
(N) "Elector" or "qualified elector" means a person having 24,349
the qualifications provided by law to be entitled to vote. 24,351
(O) "Voter" means an elector who votes at an election. 24,353
(P) "Voting residence" means that place of residence of an 24,355
elector which shall determine the precinct in which the elector 24,357
may vote.
(Q) "Precinct" means a district within a county 24,359
established by the board of elections of such county within which 24,360
555
all qualified electors having a voting residence therein may vote 24,361
at the same polling place. 24,362
(R) "Polling place" means that place provided for each 24,364
precinct at which the electors having a voting residence in such 24,365
precinct may vote. 24,366
(S) "Board" or "board of elections" means the board of 24,368
elections appointed in a county pursuant to section 3501.06 of 24,369
the Revised Code. 24,370
(T) "Political subdivision" means "county," "township," 24,372
"city," "village," or "school district." 24,373
(U) "Election officer or official" means any of the 24,375
following: 24,376
(1) Secretary of state; 24,378
(2) Employees of the secretary of state serving in the 24,380
division of elections in the capacity of attorney, administrative 24,381
officer, administrative assistant, elections administrator, 24,382
office manager, or clerical supervisor; 24,383
(3) Director of a board of elections; 24,385
(4) Deputy director of a board of elections; 24,387
(5) Employees of a board of elections; 24,389
(6) Precinct polling place judges and clerks; 24,391
(7) Employees appointed by the boards of elections on a 24,393
temporary or part-time basis. 24,394
(V) "Acknowledgment notice" means a notice sent by a board 24,396
of elections, on a form prescribed by the secretary of state, 24,397
informing a voter registration applicant or an applicant who 24,398
wishes to change the applicant's residence or name of the status 24,399
of the application; the information necessary to complete or 24,400
update the application, if any; and if the application is 24,401
complete, the precinct in which the applicant is to vote. 24,402
(W) "Confirmation notice" means a notice sent by a board 24,404
of elections, on a form prescribed by the secretary of state, to 24,405
a registered elector to confirm the registered elector's current 24,406
address.
556
(X) "Designated agency" means an office or agency in the 24,408
state that provides public assistance or that provides 24,409
state-funded programs primarily engaged in providing services to 24,410
persons with disabilities and that is required by the National 24,411
Voter Registration Act of 1993 to implement a program designed
and administered by the secretary of state for registering 24,412
voters, or any other public or government office or agency that 24,413
implements a program designed and administered by the secretary 24,414
of state for registering voters, including the department of 24,415
human JOB AND FAMILY services, the program administered under 24,416
section 3701.132 of the Revised Code by the department of health, 24,417
the department of mental health, the department of mental 24,418
retardation and developmental disabilities, the rehabilitation 24,419
services commission, and any other agency the secretary of state 24,420
designates. "Designated agency" does not include public high 24,421
schools and vocational schools, public libraries, or the office 24,422
of a county treasurer.
(Y) "National Voter Registration Act of 1993" means the 24,424
"National Voter Registration Act of 1993," 107 Stat. 77, 42 24,425
U.S.C.A. 1973gg.
(Z) "Voting Rights Act of 1965" means the "Voting Rights 24,427
Act of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended. 24,428
Sec. 3599.45. (A) No candidate for the office of attorney 24,437
general or county prosecutor or his SUCH A CANDIDATE'S campaign 24,438
committee shall knowingly accept any contribution from a provider 24,440
of services or goods under contract with the department of human 24,441
JOB AND FAMILY services pursuant to the medicaid program of Title
XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 24,442
301, as amended, or from any person having an ownership interest 24,443
in the provider.
As used in this section "candidate," "campaign committee," 24,445
and "contribution" have the same meaning as in section 3517.01 of 24,446
the Revised Code.
(B) Whoever violates this section is guilty of a 24,448
557
misdemeanor of the first degree. 24,449
Sec. 3701.023. (A) The department of health shall review 24,458
applications for eligibility for the program for medically 24,459
handicapped children that are submitted to the department by city 24,460
and general health districts and physician providers approved in 24,461
accordance with division (C) of this section. The department 24,462
shall determine whether the applicants meet the medical and 24,463
financial eligibility requirements established by the public 24,464
health council pursuant to division (A)(1) of section 3701.021 of 24,465
the Revised Code, and by the department in the manual of 24,466
operational procedures and guidelines for the program for 24,467
medically handicapped children developed pursuant to division (B) 24,468
of that section. Referrals of potentially eligible children for 24,469
the program may be submitted to the department on behalf of the 24,470
child by parents, guardians, public health nurses, or any other 24,471
interested person. The department of health may designate other 24,472
agencies to refer applicants to the department of health. 24,473
(B) In accordance with the procedures established in rules 24,475
adopted under division (A)(4) of section 3701.021 of the Revised 24,476
Code, the department of health shall authorize a provider or 24,477
providers to provide to any Ohio resident under twenty-one years 24,478
of age, without charge to the resident or his THE RESIDENT'S 24,479
family and without restriction as to the economic status of the 24,480
resident or his THE RESIDENT'S family, diagnostic services 24,481
necessary to determine whether he THE RESIDENT suffers from a 24,482
medically handicapping or potentially medically handicapping 24,484
condition.
(C) The department of health shall review the applications 24,486
of health professionals, hospitals, medical equipment suppliers, 24,487
and other individuals, groups, or agencies that apply to become 24,488
providers. The department shall enter into a written agreement 24,489
with each applicant who is determined, pursuant to the 24,490
requirements set forth in rules adopted under division (A)(2) of 24,491
section 3701.021 of the Revised Code, to be eligible to be a 24,492
558
provider in accordance with the provider agreement required by 24,493
the medical assistance program established under section 5111.01 24,494
of the Revised Code. No provider shall charge a medically 24,495
handicapped child or his THE CHILD'S parent or guardian for 24,496
services authorized by the department under division (B) or (D) 24,498
of this section. 24,499
The department, in accordance with rules adopted under 24,501
division (A)(3) of section 3701.021 of the Revised Code, may 24,502
disqualify any provider from further participation in the program 24,503
for violating any requirement set forth in rules adopted under 24,504
division (A)(2) of that section. The disqualification shall not 24,505
take effect until a written notice, specifying the requirement 24,506
violated and describing the nature of the violation, has been 24,507
delivered to the provider and the department has afforded the 24,508
provider an opportunity to appeal the disqualification under 24,509
division (H) of this section. 24,510
(D) The department of health shall evaluate applications 24,512
from city and general health districts and approved physician 24,513
providers for authorization to provide treatment services, 24,514
service coordination, and related goods to children determined to 24,515
be eligible for the program for medically handicapped children 24,516
pursuant to division (A) of this section. The department shall 24,517
authorize necessary treatment services, service coordination, and 24,518
related goods for each eligible child in accordance with an 24,519
individual plan of treatment for the child. As an alternative, 24,520
the deparment DEPARTMENT may authorize payment of health 24,521
insurance premiums on behalf of eligible children when the 24,523
department determines, in accordance with criteria set forth in 24,524
rules adopted under division (A)(9) of section 3701.021 of the 24,525
Revised Code, that payment of the premiums is cost-effective. 24,526
(E) The department of health shall pay, from 24,528
appropriations to the department, any necessary expenses, 24,529
including but not limited to, expenses for diagnosis, treatment, 24,530
service coordination, supportive services, transportation, and 24,531
559
accessories and their upkeep, provided to medically handicapped 24,532
children, provided that the provision of the goods or services is 24,533
authorized by the department under division (B) or (D) of this 24,534
section. Money appropriated to the department of health may also 24,535
be expended for reasonable administrative costs incurred by the 24,536
program. The department of health also may purchase liability 24,537
insurance covering the provision of services under the program 24,538
for medically handicapped children by physicians and other health 24,539
care professionals. 24,540
Payments made by the department of health pursuant to this 24,542
division for inpatient hospital care, outpatient care, and all 24,543
other medical assistance furnished by hospitals to eligible 24,544
recipients shall be in accordance with methods established by 24,545
rules of the public health council. Until such rules are 24,546
adopted, the department of health shall make payments to 24,547
hospitals in accordance with reasonable cost principles for 24,548
reimbursement under the medicare program established under Title 24,549
XVIII of the "Social Security Act," 79 Stat. 286 (1965), 42 24,550
U.S.C.A. 1395, as amended. Payments to providers for goods or 24,551
services other than inpatient or outpatient hospital care shall 24,552
be made in accordance with rules adopted by the public health 24,553
council pursuant to division (A) of section 3701.021 of the 24,554
Revised Code. 24,555
The departments of health and human JOB AND FAMILY services 24,557
shall jointly implement procedures to ensure that duplicate 24,559
payments are not made under the program for medically handicapped 24,560
children and the medical assistance program established under 24,561
section 5111.01 of the Revised Code and to identify and recover 24,562
duplicate payments.
(F)(1) At the time of applying for participation in the 24,564
program for medically handicapped children, a medically 24,565
handicapped child or his THE CHILD'S parent or guardian shall 24,566
disclose the identity of any third party against whom the child 24,567
or his THE CHILD'S parent or guardian has or may have a right of 24,568
560
recovery for goods and services provided under division (B) or 24,570
(D) of this section. Except as provided in division (F)(2) of 24,571
this section, the department of health shall require a medically 24,572
handicapped child who receives services from the program or his 24,573
THE CHILD'S parent or guardian to apply for all third-party 24,574
benefits for which he THE CHILD may be eligible and require the 24,575
child, parent, or guardian to apply all third-party benefits 24,577
received to the amount determined under division (E) of this 24,578
section as the amount payable for goods and services authorized 24,579
under division (B) or (D) of this section. The department is the 24,580
payer of last resort and shall pay for authorized goods or 24,581
services, up to the amount determined under division (E) of this 24,582
section for the authorized goods or services, only to the extent 24,583
that payment for the authorized goods or services is not made 24,584
through third-party benefits. When a third party fails to act on 24,585
an application or claim for benefits by a medically handicapped 24,586
child or his THE CHILD'S parent or guardian, the department shall 24,587
pay for the goods or services only after ninety days have elapsed 24,588
since the date the child, parents, or guardians made an 24,589
application or claim for all third-party benefits, except as 24,590
provided in division (F)(2) of this section. Third-party benefits 24,591
received shall be applied to the amount determined under division 24,592
(E) of this section. Third-party payments for goods and services 24,593
not authorized under division (B) or (D) of this section shall 24,594
not be applied to payment amounts determined under division (E) 24,595
of this section. Payment made by the department shall be 24,596
considered payment in full of the amount determined under 24,597
division (E) of this section. Medicaid payments for persons 24,598
eligible for the medical assistance program established under 24,599
section 5111.01 of the Revised Code shall be considered payment 24,600
in full of the amount determined under division (E) of this 24,601
section.
(2) A medically handicapped child or his THE parent or 24,603
guardian OF SUCH A CHILD is not required to apply for assistance 24,604
561
under the medical assistance program established under section 24,606
5111.01 of the Revised Code as a condition for eligibility under 24,607
the program for medically handicapped children if applying for or 24,608
receiving assistance under the medical assistance program 24,609
violates a religious belief of the child, parent, or guardian and 24,610
a tenet of the child's, parent's, or guardian's religion. 24,611
(G) The department of health shall administer a program to 24,613
provide services to Ohio residents who are twenty-one or more 24,614
years of age who are suffering from cystic fibrosis and who meet 24,615
the eligibility requirements established by the rules of the 24,616
public health council pursuant to division (A)(7) of section 24,617
3701.021 of the Revised Code, subject to all provisions of this 24,618
section, but not subject to section 3701.024 of the Revised Code. 24,619
(H) The department of health shall provide for appeals, in 24,621
accordance with rules adopted under section 3701.021 of the 24,622
Revised Code, of denials of applications for the program for 24,623
medically handicapped children under division (A) or (D) of this 24,624
section, disqualification of providers, or amounts paid under 24,625
division (E) of this section. Appeals under this division are 24,626
not subject to Chapter 119. of the Revised Code. 24,627
The department may designate ombudsmen OMBUDSPERSONS to 24,629
assist medically handicapped children or their parents or 24,631
guardians, upon the request of the children, parents, or 24,632
guardians, in filing appeals under this division and to serve as 24,633
children's, parents', or guardians' advocates in matters 24,634
pertaining to the administration of the program for medically 24,635
handicapped children and eligibility for program services. The 24,636
ombudsmen OMBUDSPERSONS shall receive no compensation but shall 24,638
be reimbursed by the department, in accordance with rules of the 24,639
office of budget and management, for their actual and necessary 24,640
travel expenses incurred in the performance of their duties. 24,641
(I) The department of health, and city and general health 24,643
districts providing service coordination pursuant to division 24,644
(A)(2) of section 3701.024 of the Revised Code, shall provide 24,645
562
service coordination in accordance with the standards set forth 24,646
in the rules adopted under section 3701.021 of the Revised Code, 24,647
without charge, and without restriction as to economic status. 24,648
Sec. 3701.241. (A) The director of health shall develop 24,657
and administer the following: 24,658
(1) A surveillance system to determine the number of cases 24,660
of AIDS and the HIV infection rate in various population groups; 24,662
(2) Counseling and testing programs for groups determined 24,664
by the director to be at risk of HIV infection, including 24,665
procedures for both confidential and anonymous tests, counseling 24,666
training programs for health care providers, and development of 24,667
counseling guidelines; 24,668
(3) A confidential partner notification system to alert 24,670
and counsel sexual contacts of individuals with HIV infection; 24,671
(4) Risk reduction and education programs for groups 24,673
determined by the director to be at risk of HIV infection, and, 24,674
in consultation with a wide range of community leaders, education 24,675
programs for the public; 24,676
(5) Pilot programs for the long-term care of individuals 24,678
with AIDS or AIDS-related condition, including care in nursing 24,680
homes and in alternative settings; 24,681
(6) Programs to expand regional outpatient treatment of 24,683
individuals with AIDS or AIDS-related condition; 24,684
(7) A program to assist communities, including communities 24,686
of less than one hundred thousand population, in establishing 24,687
AIDS task forces and support groups for individuals with AIDS, 24,689
AIDS-related condition, and HIV infection. The program may 24,690
include the award of grants if they are matched by local funds. 24,692
Information obtained or maintained under the partner 24,694
notification system is not a public record under section 149.43 24,695
of the Revised Code and may be released only in accordance with 24,696
division (C) of section 3701.243 of the Revised Code. 24,697
(B) The director shall: 24,699
(1) Approve a test or tests to be used to determine 24,701
563
whether an individual has HIV infection, define a confirmed 24,702
positive test result, and develop guidelines for interpreting 24,703
test results; 24,704
(2) Establish sites for confidential and anonymous HIV 24,706
tests, and prepare a list of sites where an individual may obtain 24,707
an anonymous test; 24,708
(3) Prepare a list of counseling services; 24,710
(4) Make available a copy of the list of anonymous testing 24,712
sites or a copy of the list of counseling services to anyone who 24,713
requests it. 24,714
(C) The director of health shall require the director or 24,716
administrator of each site where anonymous or confidential HIV 24,717
tests are given to submit a report every three months evaluating 24,718
from an epidemiologic perspective the effectiveness of the HIV 24,719
testing program at that site. Not later than January 31, 1991, 24,720
and each year thereafter, the director of health shall make a 24,721
report evaluating the anonymous and confidential testing programs 24,722
throughout the state with regard to their effectiveness as 24,723
epidemiologic programs. The report shall be submitted to the 24,724
speaker of the house of representatives and the president of the 24,725
senate and shall be made available to the public. 24,726
The public health council shall adopt rules pursuant to 24,728
Chapter 119. of the Revised Code for the implementation of the 24,729
requirements of division (B)(1) of this section and division (C) 24,730
of section 3701.24 of the Revised Code. 24,731
(D) The director of health shall administer funds received 24,733
under Title XXVI of the "Public Health Services Act," 104 Stat. 24,734
576 (1990), 42 U.S.C.A. 2601, as amended, for programs to improve 24,735
the quality and availability of care for individuals with AIDS, 24,736
AIDS-related condition, and HIV infection. In administering 24,737
these funds, the director may enter into contracts with any 24,739
person or entity for the purpose of administering the programs, 24,740
including contracts with the department of human JOB AND FAMILY 24,741
services for establishment of a program of reimbursement of drugs 24,742
564
used for treatment and care of such individuals. The director of 24,743
health may adopt rules in accordance with Chapter 119. of the 24,744
Revised Code and issue orders as necessary for administration of 24,745
the funds. If the department of human JOB AND FAMILY services 24,746
enters into a contract under this division, the director of human 24,747
JOB AND FAMILY services may adopt rules in accordance with 24,748
Chapter 119. of the Revised Code as necessary for carrying out 24,749
the department's duties under the contract.
Sec. 3701.78. (A) There is hereby created the commission 24,758
on minority health, consisting of eighteen members. The governor 24,759
shall appoint to the commission nine members from among health 24,760
researchers, health planners, and health professionals. The 24,761
speaker of the house of representatives shall appoint to the 24,762
commission two members of the house of representatives, not more 24,763
than one of whom is a member of the same political party, and the 24,764
president of the senate shall appoint to the commission two 24,765
members of the senate, not more than one of whom is a member of 24,766
the same political party. The directors of health, mental 24,767
health, mental retardation and developmental disabilities, and 24,768
human JOB AND FAMILY services, or their designees, and the 24,769
superintendent of public instruction, or his THE SUPERINTENDENT'S 24,771
designee, shall be members of the commission. The commission 24,773
shall elect a chairman CHAIRPERSON from among its members. Of 24,774
the members appointed by the governor, five shall be appointed to 24,776
initial terms of one year, and four shall be appointed to initial 24,777
terms of two years. Thereafter, all members appointed by the 24,778
governor shall be appointed to terms of two years. All members 24,779
of the commission appointed by the speaker of the house of 24,780
representatives or the president of the senate shall be nonvoting 24,781
members of the commission and be appointed within thirty days 24,782
after the commencement of the first regular session of each 24,783
general assembly, and shall serve until the expiration of the 24,784
session of the general assembly during which they were appointed. 24,785
Members of the commission shall serve without compensation, but 24,786
565
shall be reimbursed for the actual and necessary expenses they 24,787
incur in the performance of their official duties. 24,788
(B) The commission shall promote health and the prevention 24,790
of disease among members of minority groups. Each year the 24,791
commission shall distribute grants from available funds to 24,792
community-based health groups to be used to promote health and 24,793
the prevention of disease among members of minority groups. As 24,794
used in this division, "minority group" means any of the 24,795
following economically disadvantaged groups: Blacks, American 24,796
Indians, Hispanics, and Orientals. The commission shall adopt 24,797
and maintain rules pursuant to Chapter 119. of the Revised Code 24,798
to provide for the distribution of these grants. No group shall 24,799
qualify to receive a grant from the commission unless it receives 24,800
at least twenty per cent of its funds from sources other than 24,801
grants distributed under this section. 24,802
(C) The commission may appoint such employees as it 24,804
considers necessary to carry out its duties under this section. 24,805
The department of health shall provide office space for the 24,806
commission. 24,807
(D) The commission shall meet at the call of its chairman 24,809
CHAIRPERSON to conduct its official business. A majority of the 24,810
voting members of the commission constitute a quorum. The votes 24,812
of at least eight voting members of the commission are necessary 24,813
for the commission to take any official action or to approve the 24,814
distribution of grants under this section. 24,815
Sec. 3701.80. The department of health shall cooperate 24,824
with the director of human JOB AND FAMILY services when the 24,825
director promulgates rules pursuant to Chapter 5104. of the 24,827
Revised Code governing the health and sanitary practices of meal
preparation and service for type A family day-care homes, as 24,828
defined in section 5104.01 of the Revised Code, recommend 24,829
procedures for inspecting type A family day-care homes to 24,830
determine whether they are in compliance with those rules, and 24,831
provide training and technical assistance to the director on the
566
procedures for determining compliance with those rules. 24,832
Sec. 3702.55. Except as provided in section 3702.542 of 24,841
the Revised Code, a person that the director of health determines 24,842
has violated section 3702.53 of the Revised Code shall cease 24,843
conducting the activity that constitutes the violation or 24,844
utilizing the equipment or facility resulting from the violation
not later than thirty days after the person receives the notice 24,845
mailed under section 3702.532 of the Revised code CODE or, if the 24,847
person appeals the director's determination under section 3702.60 24,848
of the Revised Code, thirty days after the person receives an 24,849
order upholding the director's determination that is not subject 24,850
to further appeal. A person that applies for a certificate of 24,851
need as described in section 3702.542 of the Revised Code shall 24,852
cease conducting the activity or using the equipment or facility 24,853
in accordance with the timetable established by the director of 24,854
health under that section. 24,855
If any person determined to have violated section 3702.53 24,857
of the Revised Code fails to cease conducting an activity or 24,858
using equipment or a facility as required by this section or a 24,859
timetable established under section 3702.542 of the Revised Code, 24,860
or if the person continues to seek payment or reimbursement for 24,861
services rendered or costs incurred in conducting the activity as 24,862
prohibited by section 3702.56 of the Revised Code, in addition to 24,864
the penalties imposed under section 3702.54, 3702.541, 3702.542, 24,865
or 3702.543 of the Revised Code: 24,867
(A) The director of health may refuse to include any beds 24,870
involved in the activity in the bed capacity of a hospital for 24,871
purposes of registration under section 3701.07 of the Revised 24,872
Code;
(B) The director of health may refuse to license, or may 24,875
revoke a license or reduce bed capacity previously granted to, a 24,876
maternity boardinghouse or lying-in hospital under section 24,877
3711.02 of the Revised Code; a hospice care program under section 24,878
3712.04 of the Revised Code; a nursing home, rest home, or home 24,879
567
for the aging under section 3721.02 of the Revised Code; or any 24,881
beds within any of those facilities that are involved in the 24,882
activity;
(C) A political subdivision certified under section 24,885
3721.09 of the Revised Code may refuse to license, or may revoke 24,886
a license or reduce bed capacity previously granted to, a nursing 24,887
home, rest home, or home for the aging, or any beds within any of 24,888
those facilities that are involved in the activity; 24,889
(D) The director of mental health may refuse to license 24,892
under section 5119.20 of the Revised Code, or may revoke a 24,893
license or reduce bed capacity previously granted to, a hospital 24,894
receiving mentally ill persons or beds within such a hospital 24,895
that are involved in the activity;
(E) The department of human JOB AND FAMILY services may 24,897
refuse to enter into a provider agreement that includes a 24,898
facility, beds, or services that result from the activity. 24,899
Sec. 3702.74. (A) A primary care physician who has signed 24,908
a letter of intent under section 3702.73 of the Revised Code, the 24,909
director of health, and the Ohio board of regents may enter into 24,911
a contract for the physician's participation in the physician 24,912
loan repayment program. A lending institution may also be a
party to the contract. 24,913
(B) The contract shall include all of the following 24,915
obligations: 24,916
(1) The primary care physician agrees to provide primary 24,918
care services in the health resource shortage area identified in 24,919
the letter of intent for at least two years or one year per 24,921
twenty thousand dollars of repayment agreed to under division 24,922
(b)(B)(3) of this section, whichever is greater;
(2) When providing primary care services in the health 24,924
resource shortage area, the primary care physician agrees to do 24,925
all of the following: 24,926
(a) Provide primary care services for a minimum of forty 24,928
hours per week; 24,929
568
(b) Provide primary care services without regard to a 24,931
patient's ability to pay; 24,932
(c) Meet the conditions prescribed by the "Social Security 24,934
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and the 24,935
department of human JOB AND FAMILY services for participation in 24,936
the medical assistance program established under Chapter 5111. of 24,938
the Revised Code and enter into a contract with the department to 24,939
provide primary care services to recipients of the medical 24,940
assistance program; 24,941
(d) Meet the conditions established by the department of 24,943
human JOB AND FAMILY services for participation in the disability 24,945
assistance medical assistance program established under Chapter 24,946
5115. of the Revised Code and enter into a contract with the 24,947
department to provide primary care services to recipients of 24,948
disability assistance. 24,949
(3) The Ohio board of regents agrees, as provided in 24,952
section 3702.75 of the Revised Code, to repay, so long as the 24,953
primary care physician performs the service obligation agreed to 24,954
under division (B)(1) of this section, all or part of the 24,955
principal and interest of a government or other educational loan
taken by the primary care physician for expenses described in 24,956
section 3702.75 of the Revised Code; 24,957
(4) The primary care physician agrees to pay the board the 24,960
following as damages if the physician fails to complete the 24,961
service obligation agreed to under division (B)(1) of this 24,962
section:
(a) If the failure occurs during the first two years of 24,964
the service obligation, three times the total amount the board 24,966
has agreed to repay under division (B)(3) of this section; 24,967
(b) If the failure occurs after the first two years of the 24,969
service obligation, three times the amount the board is still 24,971
obligated to repay under division (B)(3) of this section. 24,972
(C) The contract may include any other terms agreed upon 24,974
by the parties, including an assignment to the Ohio board of 24,975
569
regents of the physician's duty to pay the principal and interest 24,977
of a government or other educational loan taken by the physician 24,978
for expenses described in section 3702.75 of the Revised Code. 24,979
If the board assumes the physician's duty to pay a loan, the 24,981
contract shall set forth the total amount of principal and
interest to be paid, an amortization schedule, and the amount of 24,982
each payment to be made under the schedule. 24,983
Sec. 3705.07. (A) The local registrar of vital statistics 24,992
shall number consecutively the birth, fetal death, and death 24,993
certificates in three separate series, beginning with "number 24,994
one" for the first birth, the first fetal death, and the first 24,995
death registered in each calendar year. Such local registrar 24,996
shall sign the local registrar's name in attest to the date of 24,998
filing in the local office. The local registrar shall make a 24,999
complete and accurate copy of each birth, fetal death, and death 25,000
certificate registered. Each copy shall be filed and permanently 25,001
preserved as the local record of such birth, fetal death, or 25,002
death except as provided in sections 3705.09 and 3705.12 of the 25,003
Revised Code. The local record may be a typewritten, 25,004
photographic, electronic, or other reproduction. On or before 25,005
the tenth day of each month, the local registrar shall transmit 25,006
to the state office of vital statistics all original birth, fetal 25,007
death, death, and military service certificates received, and all 25,008
social security numbers obtained under section 3705.09, 3705.10, 25,009
or 3705.16 of the Revised Code, during the preceding month. The 25,011
local registrar shall immediately notify the health commissioner 25,012
with jurisdiction in the registration district of the receipt of 25,013
a death certificate attesting that death resulted from a 25,014
communicable disease.
The office of vital statistics shall carefully examine the 25,016
records and certificates received from local registrars of vital 25,017
statistics and shall secure any further information that may be 25,018
necessary to make each record and certificate complete and 25,019
satisfactory. It shall arrange and preserve the records and 25,020
570
certificates, or reproductions of them produced pursuant to 25,021
section 3705.03 of the Revised Code, in a systematic manner and 25,022
shall maintain a permanent index of all births, fetal deaths, and 25,023
deaths registered, which shall show the name of the child or 25,024
deceased person, place and date of birth or death, number of the 25,025
record or certificate, and the volume in which it is contained. 25,026
(B)(1) The office of vital statistics shall make available 25,028
to the bureau DIVISION of child support in the department of 25,029
human JOB AND FAMILY services all social security numbers that 25,030
were furnished to a local registrar of vital statistics under 25,032
division (I) of section 3705.09 or under section 3705.10 or 25,033
3705.16 of the Revised Code and that were transmitted to the 25,034
office under division (A) of this section. 25,035
(2) The office of vital statistics also shall make 25,037
available to the bureau DIVISION of child support in the 25,038
department of human JOB AND FAMILY services any other information 25,040
recorded in the birth record that may enable the bureau DIVISION 25,042
to use the social security numbers provided under division (B)(1) 25,044
of this section to obtain the location of the father of the child 25,045
whose birth certificate was accompanied by the social security 25,046
number or to otherwise enforce a child support order pertaining 25,047
to that child or any other child. 25,048
Sec. 3705.09. (A) A birth certificate for each live birth 25,057
in this state shall be filed in the registration district in 25,058
which it occurs within ten days after such birth and shall be 25,059
registered if it has been completed and filed in accordance with 25,060
this section. 25,061
(B) When a birth occurs in or en route to an institution, 25,063
the person in charge of the institution or a designated 25,064
representative shall obtain the personal data, prepare the 25,065
certificate, secure the signatures required, and file the 25,066
certificate within ten days with the local registrar of vital 25,067
statistics. The physician in attendance shall provide the 25,068
medical information required by the certificate and certify to 25,069
571
the facts of birth within seventy-two hours after the birth. 25,070
(C) When a birth occurs outside an institution, the birth 25,072
certificate shall be prepared and filed by one of the following 25,073
in the indicated order of priority: 25,074
(1) The physician in attendance at or immediately after 25,076
the birth; 25,077
(2) Any other person in attendance at or immediately after 25,079
the birth; 25,080
(3) The father; 25,082
(4) The mother; 25,084
(5) The person in charge of the premises where the birth 25,086
occurred. 25,087
(D) Either of the parents of the child or other informant 25,089
shall attest to the accuracy of the personal data entered on the 25,090
birth certificate in time to permit the filing of the certificate 25,091
within the ten days prescribed in this section. 25,092
(E) When a birth occurs in a moving conveyance within the 25,094
United States and the child is first removed from the conveyance 25,095
in this state, the birth shall be registered in this state and 25,096
the place where it is first removed shall be considered the place 25,097
of birth. When a birth occurs on a moving conveyance while in 25,098
international waters or air space or in a foreign country or its 25,099
air space and the child is first removed from the conveyance in 25,100
this state, the birth shall be registered in this state but the 25,101
record shall show the actual place of birth insofar as can be 25,102
determined. 25,103
(F)(1) If the mother of a child was married at the time of 25,105
either conception or birth or between conception and birth, the 25,106
child shall be registered in the surname designated by the 25,107
mother, and the name of the husband shall be entered on the 25,108
certificate as the father of the child. The presumption of 25,109
paternity shall be in accordance with section 3111.03 of the 25,110
Revised Code. 25,111
(2) If the mother was not married at the time of 25,113
572
conception or birth or between conception and birth, the child 25,114
shall be registered by the surname designated by the mother. The 25,115
name of the father of such child shall also be inserted on the 25,116
birth certificate if both the mother and the father sign an 25,117
acknowledgement of paternity affidavit before the birth record 25,119
has been sent to the local registrar. If the father is not named 25,120
on the birth certificate pursuant to division (F)(1) or (2) of 25,121
this section, no other information about the father shall be 25,123
entered on the record.
(G) When a man is presumed or found to be the father of a 25,125
child, according to sections 3111.01 to 3111.19, former section 25,126
3111.21, or section 3111.22 of the Revised Code, or the father 25,127
has acknowledged the child as his child in an acknowledgment of 25,129
paternity, and the acknowledgment has become final pursuant to 25,130
section 2151.232, 3111.211, or 5101.314 of the Revised Code, and 25,132
documentary evidence of such fact is submitted to the department 25,133
of health in such form as the director may require, a new birth 25,134
record shall be issued by the department which shall have the 25,135
same overall appearance as the record which would have been 25,136
issued under this section if a marriage had occurred before the 25,137
birth of such child. Where handwriting is required to effect 25,138
such appearance, the department shall supply it. Upon the 25,139
issuance of such new birth record, the original birth record 25,140
shall cease to be a public record. Except as provided in 25,142
division (C) of section 3705.091 of the Revised Code, the 25,143
original record and any documentary evidence supporting the new 25,144
registration of birth shall be placed in an envelope which shall 25,145
be sealed by the department and shall not be open to inspection 25,146
or copy unless so ordered by a court of competent jurisdiction. 25,147
The department shall then promptly forward a copy of the 25,149
new birth record to the local registrar of vital statistics of 25,150
the district in which the birth occurred, and such local 25,151
registrar shall file a copy of such new birth record along with 25,152
and in the same manner as the other copies of birth records in 25,153
573
such local registrar's possession. All copies of the original 25,154
birth record in the possession of the local registrar or the 25,155
probate court, as well as any and all index references to it, 25,156
shall be destroyed. Such new birth record, as well as any 25,157
certified or exact copy of it, when properly authenticated by a 25,158
duly authorized person shall be prima-facie evidence in all 25,159
courts and places of the facts stated in it. 25,160
(H) When a woman who is a legal resident of this state has 25,162
given birth to a child in a foreign country that does not have a 25,163
system of registration of vital statistics, a birth record may be 25,164
filed in the office of vital statistics on evidence satisfactory 25,165
to the director of health. 25,166
(I) Every birth certificate filed under this section on or 25,168
after July 1, 1990, shall be accompanied by all social security 25,169
numbers that have been issued to the parents of the child, unless 25,170
the bureau DIVISION of child support in the department of human 25,172
JOB AND FAMILY services, acting in accordance with regulations 25,173
prescribed under the "Family Support Act of 1988," 102 Stat. 25,174
2353, 42 U.S.C.A. 405, as amended, finds good cause for not 25,175
requiring that the numbers be furnished with the certificate. 25,176
The parents' social security numbers shall not be recorded on the 25,177
certificate. The local registrar of vital statistics shall 25,178
transmit the social security numbers to the state office of vital 25,179
statistics in accordance with section 3705.07 of the Revised 25,180
Code. No social security number obtained under this division 25,181
shall be used for any purpose other than child support 25,182
enforcement.
Sec. 3705.091. (A) If the natural mother and alleged 25,192
father of a child sign an acknowledgment of paternity affidavit 25,193
prepared pursuant to section 5101.324 of the Revised Code with 25,195
respect to that child at the office of the local registrar, the 25,196
local registrar shall provide a notary public to notarize the 25,197
acknowledgment. The local registrar shall send a signed and 25,198
notarized acknowledgment of paternity to the division of child 25,199
574
support in the department of human JOB AND FAMILY services 25,200
pursuant to section 5101.314 of the Revised Code. The local 25,201
registrar shall send the acknowledgment no later than ten days 25,202
after it has been signed and notarized. If the local registrar 25,203
knows a man is presumed under section 3111.03 of the Revised Code 25,205
to be the father of the child, the local registrar shall not 25,206
notarize or send an acknowledgment with respect to the child 25,207
pursuant to this section.
(B) The local registrar of vital statistics shall provide 25,209
an acknowledgment of paternity affidavit described in division 25,210
(A) of this section to any person that requests it. 25,211
(C) The department of health shall store all 25,214
acknowledgments of paternity affidavits it receives pursuant to 25,215
section 5101.314 of the Revised Code. The department of health 25,216
shall send to the division any acknowledgment the department is 25,217
storing that the division requests. The department of health 25,218
shall adopt rules pursuant to Chapter 119. of the Revised Code to 25,219
govern the method of storage of the acknowledgments and to 25,220
implement this section.
(D) The department of health and the department of human 25,223
JOB AND FAMILY services shall enter into an agreement regarding
expenses incurred by the department of health in comparing 25,224
acknowledgment of paternity affidavits to birth records and 25,225
storage of acknowledgment of paternity affidavits. 25,226
Sec. 3705.10. Any birth certificate submitted for filing 25,236
eleven or more days after the birth occurred constitutes a 25,237
delayed birth registration. A delayed birth certificate may be 25,238
filed in accordance with rules which shall be adopted by the 25,239
director of health. The rules shall include, but not be limited 25,240
to, all of the following requirements for each delayed birth 25,241
certificate filed on or after July 1, 1990: 25,242
(A) The certificate shall be accompanied by all social 25,244
security numbers that have been issued to the parents of the 25,245
child, unless the bureau DIVISION of child support in the 25,246
575
department of human JOB AND FAMILY services, acting in accordance 25,248
with regulations prescribed under the "Family Support Act of 25,250
1988," 102 Stat. 2353, 42 U.S.C.A. 405, as amended, finds good 25,251
cause for not requiring that the numbers be furnished with the 25,252
certificate.
(B) The parents' social security numbers shall not be 25,254
recorded on the certificate. 25,255
(C) The local registrar of vital statistics shall transmit 25,257
the social security numbers to the state office of vital 25,258
statistics in accordance with section 3705.07 of the Revised 25,259
Code. 25,260
(D) No social security number obtained under this section 25,262
shall be used for any purpose other than child support 25,263
enforcement. 25,264
Sec. 3721.011. (A) In addition to providing 25,273
accommodations, supervision, and personal care services to its 25,274
residents, a residential care facility may provide skilled 25,275
nursing care as follows:
(1) Supervision of special diets; 25,277
(2) Application of dressings, in accordance with rules 25,279
adopted under section 3721.04 of the Revised Code; 25,280
(3) Providing for the administration of medication to 25,282
residents, to the extent authorized under division (B)(1) of this 25,284
section;
(4) Other skilled nursing care provided on a part-time, 25,286
intermittent basis pursuant to division (C) of this section. 25,287
A residential care facility may not admit or retain an 25,289
individual requiring skilled nursing care that is not authorized 25,290
by this section. A residential care facility may not provide 25,291
skilled nursing care beyond the limits established by this 25,292
section.
(B)(1) A residential care facility may admit or retain an 25,294
individual requiring medication, including biologicals, only if 25,296
the individual's personal physician has determined in writing
576
that the individual is capable of self-administering the 25,297
medication or the facility provides for the medication to be 25,298
administered to the individual by a home health agency certified 25,299
under Title XVIII of the "Social Security Act," 49 Stat. 620 25,300
(1935), 42 U.S.C.A. 301, as amended; a hospice care program 25,301
licensed under Chapter 3712. of the Revised Code; or a member of 25,302
the staff of the residential care facility who is qualified to 25,303
perform medication administration. Medication may be 25,304
administered in a residential care facility only by the following 25,306
persons authorized by law to administer medication: 25,307
(a) A registered nurse licensed under Chapter 4723. of the 25,310
Revised Code;
(b) A licensed practical nurse licensed under Chapter 25,312
4723. of the Revised Code who holds proof of successful 25,313
completion of a course in medication administration approved by 25,314
the board of nursing and who administers the medication only at 25,315
the direction of a registered nurse or a physician authorized 25,316
under Chapter 4731. of the Revised Code to practice medicine and
surgery or osteopathic medicine and surgery; 25,317
(c) A physician authorized under Chapter 4731. of the 25,319
Revised Code to practice medicine and surgery or osteopathic 25,320
medicine and surgery.
(2) In assisting a resident with self-administration of 25,322
medication, any member of the staff of a residential care 25,323
facility may do the following: 25,324
(a) Remind a resident when to take medication and watch to 25,326
ensure that the resident follows the directions on the container; 25,327
(b) Assist a resident by taking the medication from the 25,329
locked area where it is stored, in accordance with rules adopted 25,330
pursuant to section 3721.04 of the Revised Code, and handing it 25,331
to the resident. If the resident is physically unable to open 25,332
the container, a staff member may open the container for the 25,333
resident.
(c) Assist a physically impaired but mentally alert 25,335
577
resident, such as a resident with arthritis, cerebral palsy, or 25,336
Parkinson's disease, in removing oral or topical medication from 25,337
containers and in consuming or applying the medication, upon 25,338
request by or with the consent of the resident. If a resident is 25,339
physically unable to place a dose of medicine to the resident's 25,341
mouth without spilling it, a staff member may place the dose in a 25,342
container and place the container to the mouth of the resident.
(C) A residential care facility may admit or retain 25,345
individuals who require skilled nursing care beyond the
supervision of special diets, application of dressings, or 25,347
administration of medication, only if the care will be provided 25,348
on a part-time, intermittent basis for not more than a total of 25,349
one hundred twenty days in any twelve-month period. In 25,350
accordance with Chapter 119. of the Revised Code, the public 25,351
health council shall adopt rules specifying what constitutes the 25,352
need for skilled nursing care on a part-time, intermittent basis. 25,353
The council shall adopt rules that are consistent with rules 25,354
pertaining to home health care adopted by the director of human
JOB AND FAMILY services for the medical assistance program 25,355
established under Chapter 5111. of the Revised Code. Skilled 25,356
nursing care provided pursuant to this division may be provided 25,357
by a home health agency certified under Title XVIII of the 25,358
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as 25,359
amended, a hospice care program licensed under Chapter 3712. of
the Revised Code, or a member of the staff of a residential care 25,360
facility who is qualified to perform skilled nursing care. 25,361
A residential care facility that provides skilled nursing 25,363
care pursuant to this division shall do both of the following: 25,364
(1) Evaluate each resident receiving the skilled nursing 25,367
care at least once every seven days to determine whether the 25,368
resident should be transferred to a nursing home;
(2) Meet the skilled nursing care needs of each resident 25,371
receiving the care.
(D) Notwithstanding any other provision of this chapter, a 25,373
578
residential care facility in which residents receive skilled 25,374
nursing care pursuant to this section is not a nursing home. 25,375
Sec. 3721.022. (A) As used in this section: 25,385
(1) "Nursing facility" has the same meaning as in section 25,387
5111.20 of the Revised Code. 25,388
(2) "Deficiency" and "survey" have the same meanings as in 25,390
section 5111.35 of the Revised Code. 25,391
(B) The department of health is hereby designated the 25,393
state agency responsible for establishing and maintaining health 25,394
standards and serving as the state survey agency for the purposes 25,395
of Titles XVIII and XIX of the "Social Security Act," 49 Stat. 25,396
620 (1935), 42 U.S.C.A. 301, as amended. The department shall 25,397
carry out these functions in accordance with the regulations, 25,398
guidelines, and procedures issued under Titles XVIII and XIX by 25,399
the United States secretary of health and human services and with 25,400
sections 5111.35 to 5111.62 of the Revised Code. The director of 25,401
health shall enter into agreements with regard to these functions 25,402
with the department of human JOB AND FAMILY services and the 25,403
United States department of health and human services. The 25,405
director may also enter into agreements with the department of 25,407
human JOB AND FAMILY services under which the department of 25,408
health is designated to perform functions under sections 5111.35 25,409
to 5111.62 of the Revised Code.
The director, in accordance with Chapter 119. of the 25,411
Revised Code, shall adopt rules necessary to implement the survey 25,412
and certification requirements for skilled nursing facilities and 25,413
nursing facilities established by the United States secretary of 25,414
health and human services under Titles XVIII and XIX of the 25,415
"Social Security Act," and the survey requirements established 25,416
under sections 5111.35 to 5111.62 of the Revised Code. The rules 25,417
shall include an informal process by which a facility may obtain 25,418
a review of deficiencies that have been cited on a statement of 25,419
deficiencies made by the department of health under section 25,420
5111.42 of the Revised Code. The review shall be conducted by an 25,421
579
employee of the department who did not participate in and was not 25,422
otherwise involved in any way with the survey. If the employee 25,423
conducting the review determines that any deficiency citation is 25,424
unjustified, that determination shall be reflected clearly in all 25,425
records relating to the survey. 25,426
The director need not adopt as rules any of the 25,428
regulations, guidelines, or procedures issued under Titles XVIII 25,429
and XIX of the "Social Security Act" by the United States 25,430
secretary of health and human services. 25,431
Sec. 3721.071. The buildings in which a home is housed 25,440
shall be equipped with both an automatic fire extinguishing 25,441
system and fire alarm system. Such systems shall conform to 25,442
standards set forth in the regulations of the board of building 25,443
standards and the state fire marshal. 25,444
The time for compliance with the requirements imposed by 25,446
this section shall be January 1, 1975, except that the date for 25,447
compliance with the automatic fire extinguishing requirements is 25,448
extended to January 1, 1976, provided the buildings of the home 25,449
are otherwise in compliance with fire safety laws and regulations 25,450
and: 25,451
(A) The home within thirty days after August 4, 1975, 25,453
files a written plan with the state fire marshal's office that: 25,454
(1) Outlines the interim safety procedures which shall be 25,456
carried out to reduce the possibility of a fire; 25,457
(2) Provides evidence that the home has entered into an 25,459
agreement for a fire safety inspection to be conducted not less 25,460
than monthly by a qualified independent safety engineer 25,461
consultant or a township, municipal, or other legally constituted 25,462
fire department, or by a township or municipal fire prevention 25,463
officer; 25,464
(3) Provides verification that the home has entered into a 25,466
valid contract for the installation of an automatic fire 25,467
extinguishing system or fire alarm system, or both, as required 25,468
to comply with this section; 25,469
580
(4) Includes a statement regarding the expected date for 25,471
the completion of the fire extinguishing system or fire alarm 25,472
system, or both. 25,473
(B) Inspections by a qualified independent safety engineer 25,475
consultant or a township, municipal, or other legally constituted 25,476
fire department, or by a township or municipal fire prevention 25,477
officer are initiated no later than sixty days after August 4, 25,478
1975, and are conducted no less than monthly thereafter, and 25,479
reports of the consultant, fire department, or fire prevention 25,480
officer identifying existing hazards and recommended corrective 25,481
actions are submitted to the state fire marshal, the division of 25,482
industrial compliance in the department of commerce, and the 25,485
department of health.
It is the express intent of the general assembly that the 25,487
department of human JOB AND FAMILY services shall terminate 25,488
payments under Title XIX of the "Social Security Act," 49 Stat. 25,490
620 (1935), 42 U.S.C. 301, as amended, to those homes which do 25,491
not comply with the requirements of this section for the 25,492
submission of a written fire safety plan and the deadline for 25,493
entering into contracts for the installation of systems. 25,494
Sec. 3721.08. (A) As used in this section, "real and 25,503
present danger" means imminent danger of serious physical or 25,504
life-threatening harm to one or more occupants of a home. 25,505
(B) The director of health may petition the court of 25,507
common pleas of the county in which the home is located for an 25,508
order enjoining any person from operating a home without a 25,509
license. The court shall have jurisdiction to grant such 25,510
injunctive relief upon a showing that the respondent named in the 25,511
petition is operating a home without a license. The court shall 25,512
have jurisdiction to grant such injunctive relief against the 25,513
operation of a home without a license regardless of whether the 25,514
home meets essential licensing requirements. 25,515
(C) Unless the department of human JOB AND FAMILY services 25,517
or contracting agency has taken action under section 5111.51 of 25,518
581
the Revised Code to appoint a temporary manager or seek 25,519
injunctive relief, if, in the judgment of the director of health, 25,520
real and present danger exists at any home, the director may 25,521
petition the court of common pleas of the county in which the 25,522
home is located for such injunctive relief as is necessary to 25,523
close the home, transfer one or more occupants to other homes or 25,524
other appropriate care settings, or otherwise eliminate the real 25,525
and present danger. The court shall have the jurisdiction to 25,526
grant such injunctive relief upon a showing that there is real 25,527
and present danger.
(D)(1) If the director determines that real and present 25,529
danger exists at a home and elects not to immediately seek 25,530
injunctive relief under division (C) of this section, he THE 25,531
DIRECTOR may give written notice of proposed action to the home. 25,533
The notice shall specify all of the following: 25,534
(a) The nature of the conditions giving rise to the real 25,536
and present danger; 25,537
(b) The measures that the director determines the home 25,539
must take to respond to the conditions; 25,540
(c) The date on which the director intends to seek 25,542
injunctive relief under division (C) of this section if he THE 25,543
DIRECTOR determines that real and present danger exists at the 25,545
home.
(2) If the home notifies the director, within the time 25,547
specified pursuant to division (D)(1)(c) of this section, that it 25,548
believes the conditions giving rise to the real and present 25,549
danger have been substantially corrected, the director shall 25,550
conduct an inspection to determine whether real and present 25,551
danger exists. If the director determines on the basis of the 25,552
inspection that real and present danger exists, he THE DIRECTOR 25,553
may petition under division (C) of this section for injunctive 25,555
relief.
(E)(1) If in the judgment of the director of health 25,557
conditions exist at a home that will give rise to real and 25,558
582
present danger if not corrected, the director shall give written 25,559
notice of proposed action to the home. The notice shall specify 25,560
all of the following: 25,561
(a) The nature of the conditions giving rise to the 25,563
director's judgment; 25,564
(b) The measures that the director determines the home 25,566
must take to respond to the conditions; 25,567
(c) The date, which shall be no less than ten days after 25,569
the notice is delivered, on which the director intends to seek 25,570
injunctive relief under division (C) of this section if the 25,571
conditions are not substantially corrected and he THE DIRECTOR 25,572
determines that a real and present danger exists. 25,574
(2) If the home notifies the director, within the period 25,576
of time specified pursuant to division (E)(1)(c) of this section, 25,577
that the conditions giving rise to the director's determination 25,578
have been substantially corrected, the director shall conduct an 25,579
inspection. If the director determines on the basis of the 25,580
inspection that the conditions have not been corrected and a real 25,581
and present danger exists, he THE DIRECTOR may petition under 25,582
division (C) of this section for injunctive relief. 25,584
(F)(1) A court that grants injunctive relief under 25,586
division (C) of this section may also appoint a special master 25,587
who, subject to division (F)(2) of this section, shall have such 25,588
powers and authority over the home and length of appointment as 25,589
the court considers necessary. Subject to division (F)(2) of 25,590
this section, the salary of a special master and any costs 25,591
incurred by a special master shall be the obligation of the home. 25,592
(2) No special master shall enter into any employment 25,594
contract on behalf of a home, or purchase with the home's funds 25,595
any capital goods totaling more than ten thousand dollars, unless 25,596
the special master has obtained approval for the contract or 25,597
purchase from the home's operator or the court. 25,598
(G) If the director takes action under division (C), (D), 25,600
or (E) of this section, he THE DIRECTOR may also appoint 25,601
583
employees of the department of health to conduct on-site 25,603
monitoring of the home. Appointment of monitors is not subject to 25,604
appeal under Chapter 119. or any other section of the Revised 25,605
Code. No employee of a home for which monitors are appointed, no 25,606
person employed by the home within the previous two years, and no 25,607
person who currently has a consulting contract with the 25,608
department or a home, shall be appointed under this division. 25,609
Every monitor shall have the professional qualifications 25,610
necessary to monitor correction of the conditions that give rise 25,611
to or, in the director's judgment, will give rise to real and 25,612
present danger. The number of monitors present at a home at any 25,613
given time shall not exceed one for every fifty residents, or 25,614
fraction thereof.
(H) On finding that the real and present danger for which 25,616
injunctive relief was granted under division (C) of this section 25,617
has been eliminated and that the home's operator has demonstrated 25,618
the capacity to prevent the real and present danger from 25,619
recurring, the court shall terminate its jurisdiction over the 25,620
home and return control and management of the home to the 25,621
operator. If the real and present danger cannot be eliminated 25,622
practicably within a reasonable time following appointment of a 25,623
special master, the court may order the special master to close 25,624
the home and transfer all residents to other homes or other 25,625
appropriate care settings. 25,626
(I) The director of health shall give notice of proposed 25,628
action under divisions (D) and (E) of this section to both of the 25,629
following: 25,630
(1) The home's administrator; 25,632
(2) If the home is operated by an organization described 25,634
in subsection 501(c)(3) and tax exempt under subsection 501(a) of 25,635
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 25,636
1, as amended, the board of trustees of the organization; or, if 25,637
the home is not operated by such an organization, the owner of 25,638
the home. 25,639
584
Notices shall be delivered by certified mail or hand 25,641
delivery. If notices are mailed, they shall be addressed to the 25,642
persons specified in divisions (I)(1) and (2) of this section, as 25,643
indicated in the department of health's records. If they are 25,644
hand delivered, they shall be delivered to persons who would 25,645
reasonably appear to the average prudent person to have authority 25,646
to accept them. 25,647
(J) If ownership of a home is assigned or transferred to a 25,649
different person, the new owner is responsible and liable for 25,650
compliance with any notice of proposed action or order issued 25,651
under this section prior to the effective date of the assignment 25,652
or transfer. 25,653
Sec. 3721.12. (A) The administrator of a home shall: 25,662
(1) With the advice of residents, their sponsors, or both, 25,664
establish and review at least annually, written policies 25,665
regarding the applicability and implementation of residents' 25,666
rights under sections 3721.10 to 3721.17 of the Revised Code, the 25,667
responsibilities of residents regarding the rights, and the 25,668
home's grievance procedure established under division (A)(2) of 25,669
this section. The administrator is responsible for the 25,670
development of, and adherence to, procedures implementing the 25,671
policies. 25,672
(2) Establish a grievance committee for review of 25,674
complaints by residents. The grievance committee shall be 25,675
comprised of the home's staff and residents, sponsors, or outside 25,676
representatives in a ratio of not more than one staff member to 25,677
every two residents, sponsors, or outside representatives. 25,678
(3) Furnish to each resident and sponsor prior to or at 25,680
the time of admission, and to each member of the home's staff, at 25,681
least one of each of the following: 25,682
(a) A copy of the rights established under sections 25,684
3721.10 to 3721.17 of the Revised Code; 25,685
(b) A written explanation of the provisions of section 25,687
3721.16 of the Revised Code; 25,688
585
(c) A copy of the home's policies and procedures 25,690
established under this section; 25,691
(d) A copy of the home's rules; 25,693
(e) A copy of the addresses and telephone numbers of the 25,695
board of health of the health district of the county in which the 25,696
home is located, the county department of human JOB AND FAMILY 25,697
services of the county in which the home is located, the state 25,699
departments of health and human JOB AND FAMILY services, the 25,700
state and local offices of the department of aging, and any Ohio 25,702
nursing home ombudsman OMBUDSPERSON program. 25,703
(B) Written acknowledgment of the receipt of copies of the 25,705
materials listed in this section shall be made part of the 25,706
resident's record and the staff member's personnel record. 25,707
(C) The administrator shall post all of the following 25,709
prominently within the home: 25,710
(1) A copy of the rights of residents as listed in 25,712
division (A) of section 3721.13 of the Revised Code; 25,713
(2) A copy of the home's rules and its policies and 25,715
procedures regarding the rights and responsibilities of 25,716
residents; 25,717
(3) A notice that a copy of this chapter, rules of the 25,719
department of health applicable to the home, and federal 25,720
regulations adopted under Titles XVIII and XIX of the "Social 25,721
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, 25,722
and the materials required to be available in the home under 25,723
section 3721.021 of the Revised Code, are available for 25,724
inspection in the home at reasonable hours; 25,725
(4) A list of residents' rights advocates; 25,727
(5) A notice that the following are available in a place 25,729
readily accessible to residents: 25,730
(a) If the home is licensed under section 3721.02 of the 25,732
Revised Code, a copy of the most recent licensure inspection 25,733
report prepared for the home under that section; 25,734
(b) If the home is a nursing facility as defined in 25,736
586
section 5111.20 of the Revised Code, a copy of the most recent 25,737
statement of deficiencies issued to the home under section 25,738
5111.42 of the Revised Code. 25,739
(D) The administrator of a home may, with the advice of 25,741
residents, their sponsors, or both, establish written policies 25,742
regarding the applicability and administration of any additional 25,743
residents' rights beyond those set forth in sections 3721.10 to 25,744
3721.17 of the Revised Code, and the responsibilities of 25,745
residents regarding the rights. Policies established under this 25,746
division shall be reviewed, and procedures developed and adhered 25,747
to as in division (A)(1) of this section. 25,748
Sec. 3721.14. To assist in the implementation of the 25,757
rights granted in division (A) of section 3721.13 of the Revised 25,758
Code, each home shall provide: 25,759
(A) Appropriate staff training to implement each 25,761
resident's rights under division (A) of section 3721.13 of the 25,762
Revised Code, including, but not limited to, explaining: 25,763
(1) The resident's rights and the staff's responsibility 25,765
in the implementation of the rights; 25,766
(2) The staff's obligation to provide all residents who 25,768
have similar needs with comparable service. 25,769
(B) Arrangements for a resident's needed ancillary 25,771
services; 25,772
(C) Protected areas outside the home for residents to 25,774
enjoy outdoor activity, within the capacity of the facility, 25,775
consistent with applicable laws and rules; 25,776
(D) Adequate indoor space, which need not be dedicated to 25,778
that purpose, for families of residents to meet privately with 25,779
families of other residents; 25,780
(E) Access to the following persons to enter the home 25,782
during reasonable hours, except where such access would interfere 25,783
with resident care or the privacy of residents: 25,784
(1) Employees of the department of health, department of 25,786
mental health, department of mental retardation and developmental 25,787
587
disabilities, department of aging, state department of human JOB 25,789
AND FAMILY services, and county departments of human JOB AND 25,790
FAMILY services;
(2) Prospective residents and their sponsors; 25,792
(3) A resident's sponsors; 25,794
(4) Residents' rights advocates; 25,796
(5) A resident's attorney; 25,798
(6) A minister, priest, rabbi, or other person ministering 25,800
to a resident's religious needs. 25,801
(F) In writing, a description of the home's grievance 25,803
procedures. 25,804
Sec. 3721.15. (A) Authorization from a resident or a 25,817
sponsor with a power of attorney for a home to manage the 25,818
resident's financial affairs shall be in writing and shall be 25,819
attested to by a witness who is not connected in any manner 25,820
whatsoever with the home or its administrator. The home shall 25,821
maintain accounts pursuant to division (A)(27) of section 3721.13 25,822
of the Revised Code. Upon the resident's transfer, discharge, or 25,823
death, the account shall be closed and a final accounting made. 25,824
All remaining funds shall be returned to the resident or 25,825
resident's sponsor, except in the case of death, when all 25,826
remaining funds shall be transferred or used in accordance with 25,827
section 5111.112 of the Revised Code. 25,828
(B) A home that manages a resident's financial affairs 25,830
shall deposit the resident's funds in excess of one hundred 25,831
dollars, and may deposit the resident's funds that are one 25,833
hundred dollars or less, in an interest-bearing account separate 25,835
from any of the home's operating accounts. Interest earned on 25,836
the resident's funds shall be credited to the resident's account. 25,837
A resident's funds that are one hundred dollars or less and have 25,838
not been deposited in an interest-bearing account may be 25,840
deposited in a noninterest-bearing account or petty cash fund. 25,841
(C) Each resident whose financial affairs are managed by a 25,843
home shall be promptly notified by the home when the total of the 25,844
588
amount of funds in the resident's accounts and the petty cash 25,845
fund plus other nonexempt resources reaches two hundred dollars 25,847
less than the maximum amount permitted a recipient of medical 25,848
assistance under Chapter 5111. of the Revised Code. The notice 25,849
shall include an explanation of the potential effect on the 25,850
resident's eligibility for medical assistance if the amount in 25,851
the resident's accounts and the petty cash fund, plus the value
of other nonexempt resources, exceeds the maximum assets a 25,852
recipient of medical assistance may retain. 25,853
(D) Each home that manages the financial affairs of 25,855
residents shall purchase a surety bond or otherwise provide 25,856
assurance satisfactory to the director of health, or, in the case 25,857
of a home that participates in the medical assistance program 25,858
established under section 5111.01 of the Revised Code, to the 25,859
director of human JOB AND FAMILY services, to assure the security 25,860
of all residents' funds managed by the home. 25,861
Sec. 3721.19. (A) As used in this section: 25,870
(1) "Home" and "residential care facility" have the same 25,872
meanings as in section 3721.01 of the Revised Code; 25,873
(2) "Sponsor" and "residents' rights advocate" have the 25,875
same meanings as in section 3721.10 of the Revised Code. 25,876
A home licensed under this chapter that is not a party to a 25,879
provider agreement, as defined in section 5111.20 of the Revised 25,880
Code, shall provide each prospective resident, before admission, 25,881
with the following information, orally and in a separate written 25,882
notice on which is printed in a conspicuous manner: "This home 25,883
is not a participant in the medical assistance program 25,884
administered by the Ohio department of human JOB AND FAMILY 25,885
services. Consequently, you may be discharged from this home if 25,886
you are unable to pay for the services provided by this home." 25,887
If the prospective resident has a sponsor whose identity is 25,889
made known to the home, the home shall also inform the sponsor, 25,890
before admission of the resident, of the home's status relative 25,891
to the medical assistance program. Written acknowledgement of 25,892
589
the receipt of the information shall be provided by the resident 25,893
and, if the prospective resident has a sponsor who has been 25,894
identified to the home, by the sponsor. The written 25,895
acknowledgement shall be made part of the resident's record by 25,896
the home.
No home shall terminate its status as a provider under the 25,898
medical assistance program unless it has, at least ninety days 25,899
prior to such termination, provided written notice to the 25,900
department of human JOB AND FAMILY services and residents of the 25,901
home and their sponsors of such action. This requirement shall 25,902
not apply in cases where the department of human JOB AND FAMILY 25,903
services terminates a home's provider agreement or provider 25,904
status.
(B) A home licensed under this chapter as a residential 25,906
care facility shall provide notice to each prospective resident 25,907
or the individual's sponsor of the services offered by the 25,908
facility and the types of skilled nursing care that the facility 25,909
may provide. A residential care facility that, pursuant to 25,910
section 3721.012 of the Revised Code, has a policy of entering 25,911
into risk agreements with residents or their sponsors shall
provide each prospective resident or the individual's sponsor a 25,912
written explanation of the policy and the provisions that may be 25,913
contained in a risk agreement. At the time the information is 25,914
provided, the facility shall obtain a statement signed by the 25,915
individual receiving the information acknowledging that the 25,916
individual received the information. The facility shall maintain 25,918
on file the individual's signed statement.
(C) A resident has a cause of action against a home for 25,920
breach of any duty imposed by this section. The action may be 25,921
commenced by the resident, or on his THE RESIDENT'S behalf by his 25,922
THE RESIDENT'S sponsor or a residents' rights advocate, by the 25,924
filing of a civil action in the court of common pleas of the 25,925
county in which the home is located, or in the court of common 25,926
pleas of Franklin county.
590
If the court finds that a breach of any duty imposed by 25,928
this section has occurred, the court shall enjoin the home from 25,929
discharging the resident from the home until arrangements 25,930
satisfactory to the court are made for the orderly transfer of 25,931
the resident to another mode of health care including, but not 25,932
limited to, another home, and may award the resident and a person 25,933
or public agency that brings an action on behalf of a resident 25,934
reasonable attorney's fees. If a home discharges a resident to 25,935
whom or to whose sponsor information concerning its status 25,936
relative to the medical assistance program was not provided as 25,937
required under this section, the court shall grant any 25,938
appropriate relief including, but not limited to, actual damages, 25,939
reasonable attorney's fees, and costs. 25,940
Sec. 3721.51. The department of human JOB AND FAMILY 25,949
services shall:
(A) For the purpose of providing home and community-based 25,951
services to elderly and disabled persons, determine an annual 25,952
franchise permit fee on each nursing home in an amount equal to 25,953
one dollar multiplied by the product of the following: 25,954
(1) The number of beds licensed as nursing home beds, plus 25,956
any other beds certified as skilled nursing facility beds under 25,957
Title XVIII or nursing facility beds under Title XIX of the 25,958
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as 25,959
amended, on July 1, 1993, and, for each subsequent year, the 25,960
first day of May of the calendar year in which the fee is 25,961
determined pursuant to division (A) of section 3721.53 of the 25,962
Revised Code; 25,963
(2) The number of days in fiscal year 1994 and, for each 25,965
subsequent year, the number of days in the fiscal year beginning 25,966
on the first day of July of the calendar year in which the fee is 25,967
determined pursuant to division (A) of section 3721.53 of the 25,968
Revised Code. 25,969
(B) For the purpose of providing home and community-based 25,971
services to elderly and disabled persons, determine an annual 25,972
591
franchise permit fee on each hospital in an amount equal to one 25,973
dollar multiplied by the product of the following: 25,974
(1) The number of beds registered pursuant to section 25,976
3701.07 of the Revised Code as skilled nursing facility beds or 25,977
long-term care beds, plus any other beds licensed as nursing home 25,978
beds under section 3721.02 or 3721.09 of the Revised Code, on 25,979
July 1, 1993, and, for each subsequent year, the first day of May 25,980
of the calendar year in which the fee is determined pursuant to 25,981
division (A) of section 3721.53 of the Revised Code; 25,982
(2) The number of days in fiscal year 1994 and, for each 25,984
subsequent year, the number of days in the fiscal year beginning 25,985
on the first day of July of the calendar year in which the fee is 25,986
determined pursuant to division (A) of section 3721.53 of the 25,987
Revised Code. 25,988
If the United States health care financing administration 25,990
determines that the franchise permit fee established by sections 25,991
3721.50 through 3721.58 of the Revised Code would be an 25,992
impermissible health care related tax under section 1903(w) of 25,993
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 25,994
1396b(w), as amended, the department of human JOB AND FAMILY 25,995
services shall take all necessary actions to cease implementation 25,997
of those sections in accordance with rules adopted under section 25,998
3721.58 of the Revised Code. 25,999
Sec. 3721.511. (A) Not later than July 16, 1993, the 26,008
Department DEPARTMENT of Human Services JOB AND FAMILY SERVICES 26,010
shall apply for waivers by the United States health care 26,011
financing administration of the broad-based tax requirement on 26,012
health-care related taxes as permitted by 42 C.F.R. 433.72. If 26,013
waivers are received, the following shall be exempt from the 26,014
franchise permit fee established by sections 3721.50 to 3721.58 26,016
of the Revised Code:
(1) The widow's home of Dayton, the Ohio masonic home of 26,018
Springfield, and the holy family home of Parma; 26,019
(2) Subject to division (B) of this section, a nursing 26,021
592
home licensed under section 3721.02 or 3721.09 of the Revised 26,022
Code that meets all of the following requirements: 26,023
(a) It is exempt from state taxation as a home for the 26,025
aged under division (B) of section 5701.13 of the Revised Code; 26,026
(b) It is exempt from federal income taxation under 26,028
section 501 of the "Internal Revenue Code of 1986," 100 Stat. 26,029
2085, 26 U.S.C.A. 1, as amended; 26,030
(c) It provides services for the life of each resident 26,032
without regard to his THE RESIDENT'S ability to continue payments 26,034
for services;
(d) It does not have a provider agreement with the 26,036
department of human services as a nursing facility under Chapter 26,037
5111. of the Revised Code. 26,038
(B) The department may limit the number of nursing homes 26,040
exempted under division (A)(2) of this section from the franchise 26,041
permit fee to ensure that the fee is generally redistributive as 26,042
required by 42 C.F.R. 433.68(e)(1). If the department limits 26,043
exemptions under division (A)(2) of this section, the department 26,044
shall do both of the following: 26,045
(1) First, exempt nursing homes that charge residents for 26,047
services. In exempting nursing homes that charge residents for 26,048
services, the department shall exempt as many such nursing homes 26,049
as the department can and still receive an automatic approval of 26,050
the waivers by the United States health care financing 26,051
administration as provided by 42 C.F.R. 433.68(e)(1)(ii). In 26,052
determining which nursing homes to exempt under division (B)(1) 26,053
of this section, the department shall give priority to nursing 26,054
homes that provide the greatest charitable subsidization per bed. 26,055
(2) Second, exempt nursing homes that do not charge 26,057
residents for services. In exempting nursing homes that do not 26,058
charge residents for services, the department shall exempt as 26,059
many such nursing homes as the department can and still receive a 26,060
review of the requests for waivers by the United States health 26,061
care financing administration as provided by 42 C.F.R. 26,062
593
433.68(e)(1)(ii). 26,063
(C) If, after applying the exemptions under division (B) 26,065
of this section, the department can exempt any more nursing homes 26,066
that charge residents for services and still receive a review of 26,067
the requests for waivers by the United States health care 26,068
financing administration as provided by 42 C.F.R. 26,069
433.68(e)(1)(ii), the department may exempt as many more of such 26,070
nursing homes as the department can. In determining which 26,071
nursing homes to exempt under this division, the department shall 26,072
give priority to nursing homes that provide the greatest 26,073
charitable subsidization per bed. 26,074
(D) A nursing home shall provide the department with any 26,076
information needed by the department to determine the nursing 26,077
home's charitable subsidization per bed for the purposes of 26,078
divisions (B)(1) and (C) of this section. 26,079
(E) The department DIRECTOR OF JOB AND FAMILY SERVICES may 26,081
adopt rules in accordance with Chapter 119. of the Revised Code 26,083
to implement this section.
Sec. 3721.52. (A) For the purpose of the fee under 26,092
division (A) of section 3721.51 of the Revised Code, the 26,093
department of health shall, not later than August 1, 1993, and, 26,094
for each subsequent year, not later than the first day of June, 26,095
report to the department of human JOB AND FAMILY services the 26,096
number of beds in each nursing home licensed on July 1, 1993, 26,097
and, for each subsequent year, the preceding first day of May 26,098
under section 3721.02 or 3721.09 of the Revised Code or certified 26,099
on that date under Title XVIII or XIX of the "Social Security 26,100
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended. 26,101
(B) For the purpose of the fee under division (B) of 26,103
section 3721.51 of the Revised Code, the department of health 26,104
shall, not later than August 1, 1993, and, for each subsequent 26,105
year, not later than the first day of June, report to the 26,106
department of human JOB AND FAMILY services the number of beds in 26,107
each hospital registered on July 1, 1993, and, for each 26,108
594
subsequent year, the preceding first day of May pursuant to 26,109
section 3701.07 of the Revised Code as skilled nursing facility 26,110
or long-term care beds or licensed on that date under section 26,111
3721.02 or 3721.09 of the Revised Code as nursing home beds. 26,112
Sec. 3721.53. (A) Not later than the fifteenth day of 26,121
August of each year, the department of human JOB AND FAMILY 26,122
services shall determine the annual franchise permit fee for each 26,123
nursing home in accordance with division (A) of section 3721.51 26,124
of the Revised Code and the annual franchise permit fee for each 26,125
hospital in accordance with division (B) of that section. 26,126
(B) Not later than the first day of September of each 26,128
year, the department of human services shall mail to each nursing 26,129
home and hospital notice of the amount of the franchise permit 26,130
fee that has been determined for the nursing home or hospital. 26,131
(C) Each nursing home and hospital shall pay its fee under 26,133
section 3721.51 of the Revised Code to the department of human 26,134
services in quarterly installment payments not later than 26,135
forty-five days after the last day of each September, December, 26,136
March, and June. 26,137
(D) No nursing home or hospital shall directly bill its 26,139
residents for the fee paid under this section, or otherwise 26,140
directly pass the fee through to its residents. 26,141
Sec. 3721.54. If a nursing home or hospital fails to pay 26,150
the full amount of a franchise permit fee installment when due, 26,151
the department of human JOB AND FAMILY services may assess a five 26,152
per cent penalty on the amount due for each month or fraction 26,153
thereof the installment is overdue.
Sec. 3721.55. (A) A nursing home or hospital may appeal 26,162
the fee imposed under section 3721.51 of the Revised Code solely 26,163
on the grounds that the department of human JOB AND FAMILY 26,164
services committed a material error in determining the amount of 26,165
the fee. A request for an appeal must be received by the 26,166
department not later than fifteen days after the date the 26,167
department mails the notice of the fee and must include written 26,168
595
materials setting forth the basis for the appeal. 26,169
(B) If a nursing home or hospital submits a request for an 26,171
appeal within the time required under division (A) of this 26,172
section, the department of human JOB AND FAMILY services shall 26,173
hold a public hearing in Columbus not later than thirty days 26,175
after the date the department receives the request for an appeal. 26,176
The department shall, not later than ten days before the date of 26,177
the hearing, mail a notice of the date, time, and place of the 26,178
hearing to the nursing home or hospital. The department may hear 26,179
all the requested appeals in one public hearing. 26,180
(C) On the basis of the evidence presented at the hearing 26,182
or any other evidence submitted by the nursing home or hospital, 26,183
the department may adjust a fee. The department's decision is 26,184
final. 26,185
Sec. 3721.56. All payments and penalties paid by nursing 26,194
homes and hospitals under sections 3721.53 and 3721.54 of the 26,195
Revised Code shall be deposited into the "home and 26,196
community-based services for the aged fund," which is hereby 26,197
created in the state treasury. The departments of human JOB AND 26,198
FAMILY services and aging shall use the moneys in the fund to 26,200
fund the following in accordance with rules adopted under section 26,201
3721.58 of the Revised Code: 26,202
(A) The medical assistance program established under 26,204
Chapter 511. of the Revised Code; 26,205
(B) The PASSPORT program established under section 173.40 26,207
of the Revised Code; 26,208
(C) The residential state supplement program established 26,211
under section 173.35 of the Revised Code.
Sec. 3721.57. The department of human JOB AND FAMILY 26,220
services may make any investigation it considers appropriate to 26,221
obtain information necessary to fulfill its duties under sections 26,222
3721.50 to 3721.58 of the Revised Code. At the request of the
department, the attorney general shall aid in any such 26,223
investigations. The attorney general shall institute and 26,224
596
prosecute all necessary actions for the enforcement of sections 26,225
3721.50 to 3721.58 of the Revised Code, except that at the 26,226
request of the attorney general, the county prosecutor of the
county in which a nursing home or hospital that has failed to 26,227
comply with sections 3721.50 to 3721.58 of the Revised Code is 26,228
located shall institute and prosecute any necessary action 26,229
against the nursing home or hospital.
Sec. 3721.58. The department DIRECTOR of human JOB AND 26,239
FAMILY services shall adopt rules in accordance with Chapter 119. 26,240
of the Revised Code to do both of the following: 26,241
(A) Prescribe the actions the department OF JOB AND FAMILY 26,243
SERVICES will take to cease implementation of sections 3721.50 26,245
through 3721.57 of the Revised Code if the United States health 26,246
care financing administration determines that the franchise 26,247
permit fee established by those sections is an impermissible 26,248
health-care related tax under section 1903(w) of the "Social 26,249
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 1396(b)(w), as 26,250
amended;
(B) Establish the method of distributing moneys in the 26,252
home and community-based services for the aged fund created under 26,253
section 3721.56 of the Revised Code; 26,254
(C) Establish any requirements or procedures it THE 26,256
DIRECTOR considers necessary to implement sections 3721.50 to 26,258
3721.58 of the Revised Code. 26,259
Sec. 3722.04. (A)(1) The director of health shall 26,268
inspect, license, and regulate adult care facilities. Except as 26,269
otherwise provided in division (D) of this section, the director 26,270
shall issue a license to an adult care facility that meets the 26,271
requirements of section 3722.02 of the Revised Code and that the 26,272
director determines to be in substantial compliance with the 26,273
rules adopted by the public health council pursuant to this 26,274
chapter. The director shall consider the past record of the 26,275
owner and manager and any individuals who are principal 26,276
participants in an entity that is the owner or manager in 26,277
597
operating facilities providing care to adults. The director may, 26,278
in accordance with Chapter 119. of the Revised Code, deny a 26,279
license if the past record indicates that the owner or manager is 26,280
not suitable to own or manage an adult care facility. 26,281
The license shall contain the name and address of the 26,283
facility for which it was issued, the date of expiration of the 26,284
license, and the maximum number of residents that may be 26,285
accommodated by the facility. A license for an adult care 26,286
facility shall be valid for a period of two years after the date 26,287
of issuance. No single facility may be licensed to operate as 26,288
more than one adult care facility. 26,289
(2) Notwithstanding division (A)(1) of this section and 26,291
sections 3722.02 and 3722.041 of the Revised Code, the director 26,292
may issue a temporary license if the requirements of divisions 26,293
(C), (D), and (F) of section 3722.02 of the Revised Code have 26,294
been met. A temporary license shall be valid for a period of 26,295
ninety days and, except as otherwise provided in division (A)(3) 26,296
of section 3722.05 of the Revised Code, may be renewed, without 26,297
payment of an additional application fee, for an additional 26,298
ninety days. 26,299
(B) The director shall renew a license for a two-year 26,301
period if the facility continues to be in compliance with the 26,302
requirements of this chapter and in substantial compliance with 26,303
the rules adopted under this chapter. The owner shall submit a 26,304
nonrefundable license renewal application fee in an amount 26,305
established in rules adopted by the public health council 26,306
pursuant to this chapter. Before the license of an adult group 26,307
home is renewed, if any alterations have been made to the 26,308
buildings, a certificate of occupancy for the facility shall have 26,309
been issued by the division of industrial compliance in the 26,310
department of commerce or a local certified building department. 26,313
The facility shall have water and sewage system approvals, if 26,314
required by law, and, in the case of an adult group home, 26,315
documentation of continued compliance with the rules adopted by 26,316
598
the state fire marshal under division (F) of section 3737.83 of 26,317
the Revised Code.
(C) The director shall make at least one unannounced 26,319
inspection of an adult care facility during each licensure period 26,320
in addition to inspecting the facility to determine whether a 26,321
license should be issued or renewed, and may make additional 26,322
unannounced inspections as the director considers necessary. 26,323
Other inspections may be made at any time that the director 26,325
considers appropriate. The director shall take all reasonable 26,326
actions to avoid giving notice of an inspection by the manner in 26,327
which the inspection is scheduled or performed. Not later than 26,328
sixty days after the date of an inspection of a facility, the 26,329
director shall send a report of the inspection to the 26,330
ombudsperson in whose region the facility is located. The state 26,332
fire marshal or fire prevention officer of a municipal, township, 26,333
or other legally constituted fire department approved by the 26,334
state fire marshal shall inspect an adult group home seeking a 26,335
license or renewal under this chapter as an adult care facility 26,336
prior to issuance of a license or renewal, at least once annually 26,337
thereafter, and at any other time at the request of the director, 26,338
to determine compliance with the rules adopted under division (F) 26,339
of section 3737.83 of the Revised Code. 26,340
(D) The director may waive any of the licensing 26,342
requirements having to do with fire and safety requirements or 26,343
building standards established by rule adopted by the public 26,344
health council pursuant to this chapter upon written request of 26,345
the facility. The director may grant a waiver if the director 26,347
determines that the strict application of the licensing 26,348
requirement would cause undue hardship to the facility and that 26,349
granting the waiver would not jeopardize the health or safety of 26,350
any resident. The director may provide a facility with an 26,351
informal hearing concerning the denial of a waiver request, but 26,352
the facility shall not be entitled to a hearing under Chapter 26,353
119. of the Revised Code unless the director takes an action that 26,354
599
requires a hearing to be held under section 3722.05 of the 26,355
Revised Code.
(E) Not later than thirty days after the issuance or 26,357
renewal of the license, other than a temporary license, of an 26,358
adult care facility under this section, the owner shall submit an 26,359
inspection fee of ten dollars for each bed for which the facility 26,360
is licensed. The director may revoke the license of any adult 26,361
care facility that fails to submit the fee within the thirty-day 26,362
period. All inspection fees received by the director, all civil 26,363
penalties assessed under section 3722.08 of the Revised Code, all 26,364
fines imposed under section 3722.99 of the Revised Code, and all 26,365
license application and renewal application fees received under 26,366
division (F) of section 3722.02 of the Revised Code or under 26,367
division (B) of this section shall be deposited into the general 26,368
operations fund created in section 3701.83 of the Revised Code 26,369
and shall be used only to pay the costs of administering and 26,370
enforcing the requirements of this chapter and rules adopted 26,371
under it. 26,372
(F)(1) An owner shall inform the director in writing of 26,374
any changes in the information contained in the statement of 26,375
ownership made pursuant to division (C) of section 3722.02 of the 26,376
Revised Code or in the identity of the manager, not later than 26,377
ten days after the change occurs. 26,378
(2) An owner who sells or transfers an adult care facility 26,380
shall be responsible and liable for the following: 26,381
(a) Any civil penalties imposed against the facility under 26,383
section 3722.08 of the Revised Code for violations that occur 26,384
before the date of transfer of ownership or during any period in 26,385
which the seller or the seller's agent operates the facility; 26,387
(b) Any outstanding liability to the state, unless the 26,389
buyer or transferee has agreed, as a condition of the sale or 26,390
transfer, to accept the outstanding liabilities and to guarantee 26,391
their payment, except that if the buyer or transferee fails to 26,392
meet these obligations the seller or transferor shall remain 26,393
600
responsible for the outstanding liability. 26,394
(G) The director shall annually publish a list of licensed 26,396
adult care facilities, facilities whose licenses have been 26,397
revoked or not renewed, any facilities under an order suspending 26,398
admissions pursuant to section 3722.07 of the Revised Code, and 26,399
any facilities that have been assessed a civil penalty pursuant 26,400
to section 3722.08 of the Revised Code. The director shall 26,401
furnish information concerning the status of licensure of any 26,402
facility to any person upon request. The director shall annually 26,403
send a copy of the list to the department of human JOB AND FAMILY 26,404
services, to the department of mental health, and to the 26,405
department of aging.
Sec. 3722.15. (A) The following may enter an adult care 26,414
facility at any time: 26,415
(1) Employees designated by the director of health; 26,418
(2) Employees designated by the director of aging; 26,420
(3) Employees designated by the attorney general; 26,423
(4) Employees designated by a county department of human 26,426
JOB AND FAMILY services to implement sections 5101.60 to 5101.71 26,428
of the Revised Code;
(5) Persons employed pursuant to division (M) of section 26,431
173.01 of the Revised Code in the long-term care facilities 26,432
ombudsperson program;
(6) Employees of the department of mental health 26,434
designated by the director of mental health; 26,435
(7) Employees of a mental health agency, if the agency has 26,439
a client residing in the facility;
(8) Employees of a board of alcohol, drug addiction, and 26,441
mental health services, when authorized by section 340.05 of the 26,442
Revised Code or if an individual receiving mental health services 26,443
provided by the board pursuant to division (A)(6)(b) of section 26,445
340.03 of the Revised Code or a mental health agency under 26,446
contract with the board resides in the facility. 26,447
These employees shall be afforded access to all records of 26,451
601
the facility, including records pertaining to residents, and may 26,452
copy the records. Neither these employees nor the director of 26,453
health shall release, without consent, any information obtained 26,454
from the records of an adult care facility that reasonably would 26,455
tend to identify a specific resident of the facility, except as 26,456
ordered by a court of competent jurisdiction. 26,457
(B) The following persons may enter any adult care 26,459
facility during reasonable hours: 26,460
(1) A resident's sponsor; 26,462
(2) Residents' rights advocates; 26,464
(3) A resident's attorney; 26,466
(4) A minister, priest, rabbi, or other person ministering 26,468
to a resident's religious needs; 26,469
(5) A physician or other person providing health care 26,471
services to a resident; 26,472
(6) Employees authorized by county departments of human 26,474
JOB AND FAMILY services and local boards of health or health 26,476
departments to enter adult care facilities; 26,477
(7) A prospective resident and prospective resident's 26,479
sponsor. 26,480
(C) The manager of an adult care facility may require a 26,482
person seeking to enter the facility to present identification 26,483
sufficient to identify the person as an authorized person under 26,485
this section.
Sec. 3722.16. (A) No person shall: 26,494
(1) Operate an adult care facility unless the facility is 26,496
validly licensed by the director of health under section 3722.04 26,497
of the Revised Code; 26,498
(2) Admit to an adult care facility more residents than 26,500
the number authorized in the facility's license; 26,501
(3) Admit a resident to an adult care facility after the 26,503
director has issued an order pursuant to section 3722.07 of the 26,504
Revised Code suspending admissions to the facility. Violation of 26,505
division (A)(3) of this section is cause for revocation of the 26,506
602
facility's license. 26,507
(4) Interfere with any authorized inspection of an adult 26,509
care facility conducted pursuant to section 3722.02 or 3722.04 of 26,510
the Revised Code; 26,511
(5) Violate any of the provisions of this chapter or any 26,513
of the rules adopted pursuant to it. 26,514
(B) No adult care facility shall provide, or admit or 26,516
retain any resident in need of, skilled nursing care unless all 26,517
of the following are the case: 26,518
(1) The care will be provided on a part-time, intermittent 26,520
basis for not more than a total of one hundred twenty days in any 26,521
twelve-month period by one or more of the following: 26,522
(a) A home health agency certified under Title XVIII of 26,524
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, 26,525
as amended; 26,526
(b) A hospice care program licensed under Chapter 3712. of 26,528
the Revised Code; 26,529
(c) A nursing home licensed under Chapter 3721. of the 26,531
Revised Code and owned and operated by the same person and 26,532
located on the same site as the adult care facility; 26,533
(d) A mental health agency or, pursuant to division 26,535
(A)(6)(b) of section 340.03 of the Revised Code, a board of 26,536
alcohol, drug addiction, and mental health services. 26,538
(2) The staff of the home health agency, hospice care 26,540
program, nursing home, mental health agency, or board of alcohol, 26,542
drug addiction, and mental health services does not train
facility staff to provide the skilled nursing care; 26,544
(3) The individual to whom the skilled nursing care is 26,546
provided is suffering from a short-term illness; 26,547
(4) If the skilled nursing care is to be provided by the 26,549
nursing staff of a nursing home, all of the following are the 26,550
case: 26,551
(a) The adult care facility evaluates the individual 26,553
receiving the skilled nursing care at least once every seven days 26,554
603
to determine whether the individual should be transferred to a 26,556
nursing home;
(b) The adult care facility meets at all times staffing 26,558
requirements established by rules adopted under section 3722.10 26,559
of the Revised Code; 26,560
(c) The nursing home does not include the cost of 26,562
providing skilled nursing care to the adult care facility 26,563
residents in a cost report filed under section 5111.26 of the 26,564
Revised Code; 26,565
(d) The nursing home meets at all times the nursing home 26,567
licensure staffing ratios established by rules adopted under 26,568
section 3721.04 of the Revised Code; 26,569
(e) The nursing home staff providing skilled nursing care 26,571
to adult care facility residents are registered nurses or 26,572
licensed practical nurses licensed under Chapter 4723. of the 26,573
Revised Code and meet the personnel qualifications for nursing 26,574
home staff established by rules adopted under section 3721.04 of 26,575
the Revised Code; 26,576
(f) The skilled nursing care is provided in accordance 26,578
with rules established for nursing homes under section 3721.04 of 26,579
the Revised Code; 26,580
(g) The nursing home meets the skilled nursing care needs 26,582
of the adult care facility residents; 26,583
(h) Using the nursing home's nursing staff does not 26,585
prevent the nursing home or adult care facility from meeting the 26,586
needs of the nursing home and adult care facility residents in a 26,587
quality and timely manner. 26,588
Notwithstanding section 3721.01 of the Revised Code, an 26,590
adult care facility in which residents receive skilled nursing 26,591
care as described in division (B) of this section is not a 26,592
nursing home. No adult care facility shall provide skilled 26,593
nursing care. 26,594
(C) A home health agency or hospice care program that 26,596
provides skilled nursing care pursuant to division (B) of this 26,597
604
section may not be associated with the adult care facility unless 26,598
the facility is part of a home for the aged as defined in section 26,599
5701.13 of the Revised Code or the adult care facility is owned 26,600
and operated by the same person and located on the same site as a 26,601
nursing home licensed under Chapter 3721. of the Revised Code 26,602
that is associated with the home health agency or hospice care 26,603
program. In addition, the following requirements shall be met: 26,604
(1) The adult care facility shall evaluate the individual 26,606
receiving the skilled nursing care not less than once every seven 26,607
days to determine whether the individual should be transferred to 26,609
a nursing home; 26,610
(2) If the costs of providing the skilled nursing care are 26,612
included in a cost report filed pursuant to section 5111.26 of 26,613
the Revised Code by the nursing home that is part of the same 26,614
home for the aged, the home health agency or hospice care program 26,615
shall not seek reimbursement for the care under the medical 26,616
assistance program established under Chapter 5111. of the Revised 26,617
Code. 26,618
(D)(1) No person knowingly shall place or recommend 26,620
placement of any person in an adult care facility that is 26,621
operating without a license. 26,622
(2) No employee of a unit of local or state government, 26,624
board of alcohol, drug addiction, and mental health services, 26,627
mental health agency, or PASSPORT administrative agency shall 26,628
place or recommend placement of any person in an adult care 26,629
facility if the employee knows that the facility cannot meet the 26,630
needs of the potential resident. 26,631
(3) No person who has reason to believe that an adult care 26,633
facility is operating without a license shall fail to report this 26,634
information to the director of health. 26,635
(E) In accordance with Chapter 119. of the Revised Code, 26,637
the public health council shall adopt rules that define a 26,638
short-term illness for purposes of division (B)(3) of this 26,639
section and specify, consistent with rules pertaining to home 26,640
605
health care adopted by the director of human JOB AND FAMILY 26,641
services under the medical assistance program established under 26,643
Chapter 5111. of the Revised Code and Title XIX of the "Social 26,644
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, 26,646
what constitutes a part-time, intermittent basis for purposes of 26,647
division (B)(1) of this section. 26,648
Sec. 3724.12. Employees of the departments of health and 26,657
aging and persons employed pursuant to division (M) of section 26,658
173.01 of the Revised Code in the long-term care facilities 26,659
ombudsman OMBUDSPERSON program may enter a community alternative 26,660
home at any time. 26,661
Persons who may enter a community alternative home during 26,663
reasonable hours are a resident's sponsor, residents' rights 26,664
advocates, a resident's attorney, a physician or other person 26,665
providing health care services to a resident, a prospective 26,666
resident and his PROSPECTIVE RESIDENT'S sponsor, employees of 26,667
county departments of human JOB AND FAMILY services, and a 26,668
minister, priest, rabbi, or other person ministering to a
resident's religious needs. 26,669
Sec. 3727.13. The department of health is authorized to 26,678
obtain information for both of the following: 26,679
(A) Patients under Title XIX of the "Social Security Act," 26,681
49 Stat. 620 (1935), 42 U.S.C. 301, as amended, from the 26,682
department of human JOB AND FAMILY services; 26,683
(B) Patients under Title XVIII of the Social Security Act 26,685
from the United States department of health and human services. 26,686
At least thirty days prior to releasing the information 26,688
described in division (A) of this section to the department of 26,690
health, the department reporting the information shall provide 26,691
each hospital that has provided information to it with a copy of 26,692
the information in a form that makes it possible for the hospital 26,693
to review and verify the accuracy of the information. After 26,694
receiving comments from a hospital, the department reporting the 26,695
information shall correct any information the department agrees 26,696
606
is in error.
The department may receive other data reported voluntarily 26,698
by hospitals, other health care providers, third-party payers, or 26,699
other entities. 26,700
Sec. 3727.17. Each hospital shall provide a staff person 26,709
to do all of the following: 26,710
(A) Meet with each unmarried mother who gave birth in or 26,712
en route to the hospital within twenty-four hours after the birth 26,713
or before the mother is released from the hospital; 26,714
(B) Attempt to meet with the father of the unmarried 26,716
mother's child if possible; 26,717
(C) Explain to the unmarried mother and the father, if the 26,719
father is present, the benefit to the child of establishing a 26,720
parent and child relationship between the father and the child 26,721
and the various proper procedures for establishing a parent and 26,722
child relationship; 26,723
(D) Present to the unmarried mother and, if possible, the 26,725
father, the pamphlet or statement regarding the rights and 26,726
responsibilities of a natural parent prepared by the department 26,727
of human JOB AND FAMILY services pursuant to section 5101.324 of 26,728
the Revised Code;
(E) Provide the unmarried mother, and if possible the 26,730
father, all forms and statements necessary to voluntarily 26,733
establish a parent and child relationship, including the 26,734
acknowledgment of paternity form prepared by the department of 26,735
human JOB AND FAMILY services pursuant to section 5101.324 of the
Revised Code and required under section 5101.314 of the Revised 26,737
Code; 26,738
(F) Upon both the mother's and father's request, help the 26,740
mother and father complete any specific form or statement 26,741
necessary to establish a parent and child relationship; 26,742
(G) Present to an unmarried mother who is not a recipient 26,744
of medicaid or a participant in Ohio works first an application 26,745
for Title IV-D services; 26,746
607
(H) Mail the voluntary acknowledgment of paternity, no 26,749
later than ten days after it is completed, to the division of 26,751
child support in the department of human JOB AND FAMILY services.
Each hospital shall provide a notary public to notarize an 26,753
acknowledgment of paternity signed by the mother and father. If 26,755
a hospital knows or determines that a man is presumed under 26,756
section 3111.03 of the Revised Code to be the father of the child 26,757
described in this section, the hospital shall take no further 26,758
action with regard to an acknowledgment and shall not mail an 26,759
acknowledgment with respect to the child pursuant to this 26,760
section. 26,761
A hospital may contract with a person or government entity 26,764
to fulfill its responsibilities under this section and section 26,765
2301.357 of the Revised Code. Services provided by a hospital 26,767
under this section or pursuant to a contract under section 26,768
2301.357 of the Revised Code do not constitute the practice of 26,770
law. A hospital shall not be subject to criminal or civil 26,771
liability for any damage or injury alleged to result from
services provided pursuant to this section or section 2301.357 of 26,773
the Revised Code unless the hospital acted with malicious 26,775
purpose, in bad faith, or in a wanton or reckless manner. 26,776
Sec. 3729.02. The director of health, in consultation with 26,785
the health data advisory committee, shall establish within the 26,786
department of health the Ohio health care data center. The 26,787
center shall do all of the following: 26,788
(A) Facilitate the coordination of health care policies 26,790
among public agencies by improving the systems of collection and 26,791
dissemination of health care data, except for price and 26,792
price-related data, to providers, payers, consumers, and 26,793
purchasers of health care; 26,794
(B) Conduct research regarding health care delivery and 26,796
financing, health policy, and health care management, as 26,797
requested by the general assembly, the governor, and other state 26,798
agencies to assist in the development of health care legislation 26,799
608
and policies that address the issues of access, quality, and 26,800
escalating costs of health care in this state; 26,801
(C) Design a health care data management system that will 26,803
not duplicate the resources of the public and private sectors; 26,804
(D) Collect, in accordance with this chapter, financial 26,806
and nonfinancial health care data, other than price or 26,807
price-related data, concerning health care access, quality, and 26,808
costs. The departments of aging, human JOB AND FAMILY services, 26,809
insurance, mental health, and mental retardation and 26,811
developmental disabilities, and the rehabilitation services 26,812
commission shall cooperate with the center in providing data. 26,813
The center, in consultation with public agencies, shall establish 26,814
definitions of health care services, health care data elements 26,815
common to all, health care data elements unique to each, and a 26,816
mechanism for designing a health care data system that will 26,817
provide meaningful information concerning health care access, 26,818
quality, and cost in this state. The bureau of workers' 26,819
compensation may, at its discretion, participate on terms 26,820
agreeable between the bureau and the center. 26,821
(E) Establish data release policies to prevent the 26,823
violation of confidentiality requirements relating to the 26,824
dissemination of health care information; 26,825
(F) Cooperate with business coalitions and health service 26,827
agencies to ensure that its health data management information 26,828
system will provide meaningful information, other than price or 26,829
price-related data, regarding health care access, quality, and 26,830
cost to providers, payers, businesses, consumers, and state 26,831
agencies; 26,832
(G) Cooperate, with state agencies involved in the 26,834
delivery and financing of health care, in the development of a 26,835
plan to define the roles and responsibilities of the center with 26,836
all agencies in the establishment of an integrated health care 26,837
data base and to consult with and make recommendations to the 26,838
governor, the president of the senate, and the speaker of the 26,839
609
house of representatives with respect to analyses and studies on 26,840
health care costs, access, and quality; 26,841
(H) Work with public and private health data management 26,843
organizations to maximize efficiency and avoid unnecessary effort 26,844
in collection and dissemination of health information; 26,845
(I) Submit an annual report of its operations, programs, 26,847
and activities to the speaker of the house of representatives, 26,848
the president of the senate, the governor, other state agencies 26,849
involved in the delivery of health care, and, upon request, the 26,850
private sector. 26,851
Sec. 3729.11. Not later than a date specified by the 26,860
director of health, the Ohio health care data center shall make 26,862
its first submission of a report containing the medicare and 26,863
medical assistance program information specified in this section
to the governor, the speaker of the house of representatives, the 26,864
president of the senate, the chairpersons of the standing 26,865
committees of the house of representatives and the senate that 26,866
have primary responsibility for the consideration of health or 26,867
human FAMILY services legislation, and the joint legislative 26,869
committee on health care oversight. Each year thereafter, the 26,870
data center shall submit the report not later than the 26,871
thirty-first day of December. The report shall include an 26,872
analysis of the information collected under section 3729.43 of 26,873
the Revised Code, if the center receives permission from the
United States health care financing administration to collect the 26,874
information, and an analysis of the information submitted to the 26,875
center by the department of human JOB AND FAMILY services under 26,876
section 3729.26 of the Revised Code. 26,877
Sec. 3729.14. (A) Except as provided in division (B) of 26,887
this section, no person or government entity shall fail to submit
to the Ohio health care data center, in the form and manner and 26,888
within the time limits prescribed by the director of health, 26,889
data, other than price or price-related data, required to be 26,890
reported under sections 3729.15 to 3729.40 of the Revised Code. 26,891
610
Any request involving quality data shall be in accordance with 26,892
section 3729.36 of the Revised Code.
(B) The department of human JOB AND FAMILY services shall 26,894
be deemed to have complied with the data submission requirement 26,895
of division (A) of this section by submitting to the center data 26,896
in electronic format, including all of the following: 26,897
(1) All data elements from the paid claims history of the 26,900
medical assistance program and the disability assistance medical 26,901
assistance program;
(2) All related data elements from the recipient master, 26,903
provider, procedure, drug, and diagnosis files of the medical 26,904
assistance program and the disability assistance medical 26,905
assistance program;
(3) Income-specific data in the extract files for the 26,907
medical assistance program and the disability assistance medical 26,908
assistance program contained in the client registry information 26,909
system-enhanced file;
(4) The files known as "mapper" files containing the 26,911
previous calendar year cost report data that have undergone a 26,912
desk review in accordance with section 5111.27 of the Revised 26,913
Code and the rate-setting data based on the previous calendar 26,914
year;
(5) Minimum data set plus and individual assessment form 26,916
files; 26,917
(6) Hospital cost report data files; 26,919
(7) Any other data components required by the center as 26,921
determined in consultation with the health data advisory 26,922
committee. 26,923
The department shall make its first submission of the data, 26,925
except for the data required by divisions (B)(4) and (5) of this 26,926
section, not later than a date specified by the director of 26,927
health. Each year thereafter, the department shall submit the 26,928
data not later than the fourteenth day of each January. The 26,929
department shall submit the data required by divisions (B)(4) and 26,930
611
(5) of this section not later than the first day of each
September.
Sec. 3729.18. (A) The department of human JOB AND FAMILY 26,940
services is not required to use the system required by section 26,941
3729.15 or the forms listed in section 3729.16 of the Revised 26,942
Code to reimburse nursing facilities and intermediate care 26,943
facilities for the mentally retarded for care rendered to 26,944
recipients of the medical assistance program. The department, 26,945
however, shall provide the Ohio health care data center, in the 26,946
form and manner prescribed by the director of health except as 26,947
provided by division (B) of this section, with copies of all of 26,948
the following: 26,949
(1) Each cost report for the previous calendar year 26,952
submitted by each nursing facility and intermediate care facility 26,953
for the mentally retarded;
(2) Each completed audit under section 5111.27 of the 26,955
Revised Code;
(3) Each resident assessment instrument completed for each 26,958
facility during the previous calendar year; 26,959
(4) A summary of facilities' claims for reimbursement for 26,961
the previous quarter. 26,962
(B) The department shall make its first submission to the 26,964
center of copies of the cost reports required by division (A)(1) 26,965
of this section not later than a date specified by the director 26,966
of health. Each year thereafter, the department shall submit the 26,967
copies not later than the thirtieth day of November. Information 26,968
on the cost reports that the department does not record in an 26,969
electronic format may be provided to the center in a 26,970
nonelectronic format.
The department shall provide the center with the summaries 26,972
of reimbursement claims required by division (A)(4) of this 26,973
section on a quarterly basis. 26,974
Sec. 3729.21. (A) As used in this section and in sections 26,984
3729.22 and 3729.23 of the Revised Code: 26,985
612
(1) "Nursing facility" and "intermediate care facility for 26,987
the mentally retarded" have the same meanings as in section 26,988
5111.20 of the Revised Code. 26,989
(2) "Recipient" means a person who receives medical 26,991
assistance under the medical assistance program. 26,992
(B) Not later than a date specified by the director of 26,994
health, the Ohio health care data center shall make its first 26,996
submission of a report to the joint legislative committee on 26,997
health care oversight that provides all the information specified 26,999
in divisions (C), (D), (E), (F), (G), and (H) of this section 27,000
about the utilization of nursing facilities and intermediate care 27,001
facilities for the mentally retarded during the previous calendar 27,002
year. Each year thereafter, the data center shall submit a 27,003
report not later than the first day of September. The report 27,004
shall be in the form of six charts and shall include any needed 27,005
explanations.
(1) If a chart must provide information for each age 27,007
group, the director of health shall arrange the chart in a manner 27,008
that provides the information for each of the following age 27,009
groups:
(a) Under age twenty-two; 27,011
(b) Age twenty-two to sixty-four; 27,013
(c) Age sixty-five to eighty-five; 27,015
(d) Age eighty-six or over. 27,017
(2) If the chart must provide information for each 27,019
category of service, the director shall arrange the chart in a 27,020
manner that provides the information for each of the following 27,021
categories of service: 27,022
(a) Services in an intermediate care facility for the 27,024
mentally retarded; 27,025
(b) Nursing facility services for persons older than age 27,027
sixty-four who do not have mental illness or a disability not 27,028
related to age; 27,029
(c) Nursing facility services for persons with mental 27,031
613
illness; 27,032
(d) Nursing facility services for disabled persons whose 27,034
disability is not related to advanced age; 27,035
(e) Nursing facility services for other persons. 27,037
(3) If a chart must provide information for each age group 27,039
and category of service and the age groups listed in division 27,040
(B)(1) of this section conflict with a category of service listed 27,041
in division (B)(2) of this section, the director may develop a 27,042
different list of age groups that matches the category of 27,043
service. 27,044
(C) The first chart included in the report under division 27,046
(B) of this section shall provide information that answers all of 27,047
the following questions for each age group: 27,048
(1) How many recipients resided in a nursing facility or 27,050
intermediate care facility for the mentally retarded? 27,051
(2) What was the total number of bed days for recipients 27,053
in such facilities? 27,054
(3) What was the average number of bed days for recipients 27,056
in such facilities? 27,057
(4) What was the total amount spent under the medical 27,059
assistance program to reimburse such facilities for services to 27,060
recipients? 27,061
(5) What was the average amount spent under the medical 27,063
assistance program to reimburse such facilities for services to 27,064
recipients? 27,065
(6) What was the average per diem rate the department of 27,067
human JOB AND FAMILY services reimbursed such facilities under 27,068
the medical assistance program for services to recipients? 27,069
(7) What percentage of the total amount spent under the 27,071
medical assistance program to reimburse such facilities for 27,072
services to recipients was spent on each age group of recipients? 27,073
(D) The second chart included in the report under division 27,075
(B) of this section shall provide information that answers all of 27,076
the following questions for each age group and category of 27,077
614
service: 27,078
(1) How many recipients resided in a nursing facility or 27,080
intermediate care facility for the mentally retarded? 27,081
(2) What was the total number of bed days for recipients 27,083
in such facilities? 27,084
(3) What was the average number of bed days for recipients 27,086
in such facilities? 27,087
(4) What was the total amount spent under the medical 27,089
assistance program to reimburse such facilities for services to 27,090
recipients? 27,091
(5) What was the average amount spent under the medical 27,093
assistance program to reimburse such facilities for services to 27,094
recipients? 27,095
(6) What was the average per diem rate the department of 27,097
human JOB AND FAMILY services reimbursed such facilities under 27,098
the medical assistance program for services to recipients? 27,099
(7) What percentage of the total amount spent under the 27,101
medical assistance program to reimburse such facilities for 27,102
services to recipients was spent on each age group of recipients 27,103
and category of service? 27,104
(E) The third chart included in the report under division 27,106
(B) of this section shall provide information that answers all of 27,107
the following questions for each age group: 27,108
(1) How many recipients resided in a nursing facility or 27,110
intermediate care facility for the mentally retarded for the 27,111
first time the previous calendar year? 27,112
(2) What was the total number of bed days for recipients 27,114
who resided in such a facility for the first time the previous 27,115
calendar year? 27,116
(3) What was the average number of bed days for recipients 27,118
who resided in such a facility for the first time the previous 27,119
calendar year? 27,120
(4) What was the total amount spent under the medical 27,122
assistance program to reimburse such facilities for services to 27,123
615
recipients who resided in a facility for the first time the 27,124
previous calendar year? 27,125
(5) What was the average amount spent under the medical 27,127
assistance program to reimburse such facilities for services to 27,128
recipients who resided in a facility for the first time the 27,129
previous calendar year? 27,130
(6) What was the average per diem rate the department of 27,132
human JOB AND FAMILY services reimbursed such facilities under 27,133
the medical assistance program for services to recipients who 27,134
resided in a facility for the first time the previous calendar 27,135
year?
(7) What percentage of the total amount spent under the 27,137
medical assistance program to reimburse such facilities for 27,138
services to recipients who resided in a facility for the first 27,139
time the previous year was spent on each age group of recipients? 27,140
(F) The fourth chart included in the report under division 27,142
(B) of this section shall provide information that answers all of 27,143
the following questions for each age group and category of 27,144
service: 27,145
(1) How many recipients resided in a nursing facility or 27,147
intermediate care facility for the first time the previous 27,148
calendar year? 27,149
(2) What was the total number of bed days for recipients 27,151
who resided in such a facility for the first time the previous 27,152
calendar year? 27,153
(3) What was the average number of bed days for recipients 27,155
who resided in such a facility for the first time the previous 27,156
calendar year? 27,157
(4) What was the total amount spent under the medical 27,159
assistance program to reimburse such facilities for services to 27,160
recipients who resided in a facility for the first time the 27,161
previous calendar year? 27,162
(5) What was the average amount spent under the medical 27,164
assistance program to reimburse such facilities for services to 27,165
616
recipients who resided in a facility for the first time the 27,166
previous calendar year? 27,167
(6) What was the average per diem rate the department of 27,169
human JOB AND FAMILY services reimbursed such facilities under 27,170
the medical assistance program for services to recipients who 27,171
resided in a facility for the first time the previous calendar 27,172
year?
(7) What percentage of the total amount spent under the 27,174
medical assistance program to reimburse such facilities for 27,175
services to recipients who resided in a facility for the first 27,176
time the previous year was spent on each age group of recipients 27,177
and category of service? 27,178
(G) The fifth chart included in the report under division 27,180
(B) of this section shall provide information that answers all of 27,181
the following questions for each age group: 27,182
(1) What was the average length of stay in a nursing 27,184
facility or intermediate care facility for the mentally retarded? 27,185
(2) How many recipients resided in such a facility for the 27,187
following periods of time: 27,188
(a) Less than three months? 27,190
(b) Three months to one year? 27,192
(c) One year to two years? 27,194
(d) Two years to two and one-half years? 27,196
(e) Two and one-half years to three years? 27,198
(f) Three years to four years? 27,200
(g) Four years to five years? 27,202
(h) Five years to ten years? 27,204
(i) More than ten years? 27,206
(3) What percentage of all recipients resided in such a 27,208
facility for the following periods of time: 27,209
(a) Less than three months? 27,211
(b) Three months to one year? 27,213
(c) One year to two years? 27,215
(d) Two years to two and one-half years? 27,217
617
(e) Two and one-half years to three years? 27,219
(f) Three years to four years? 27,221
(g) Four years to five years? 27,223
(h) Five years to ten years? 27,225
(i) More than ten years? 27,227
(4) What was the total amount spent under the medical 27,229
assistance program to reimburse such facilities for services to 27,230
recipients who resided in a facility for the following periods of 27,231
time: 27,232
(a) Less than three months? 27,234
(b) Three months to one year? 27,236
(c) One year to two years? 27,238
(d) Two years to two and one-half years? 27,240
(e) Two and one-half years to three years? 27,242
(f) Three years to four years? 27,244
(g) Four years to five years? 27,246
(h) Five years to ten years? 27,248
(i) More than ten years? 27,250
(5) What was the average amount spent under the medical 27,252
assistance program to reimburse such facilities for services to 27,253
recipients who resided in a facility for the following periods of 27,254
time: 27,255
(a) Less than three months? 27,257
(b) Three months to one year? 27,259
(c) One year to two years? 27,261
(d) Two years to two and one-half years? 27,263
(e) Two and one-half years to three years? 27,265
(f) Three years to four years? 27,267
(g) Four years to five years? 27,269
(h) Five years to ten years? 27,271
(i) More than ten years? 27,273
(6) What percentage of the total amount spent under the 27,275
medical assistance program to reimburse such facilities for 27,276
services to recipients was spent for recipients who resided in a 27,277
618
facility for the following periods of time: 27,278
(a) Less than three months? 27,280
(b) Three months to one year? 27,282
(c) One year to two years? 27,284
(d) Two years to two and one-half years? 27,286
(e) Two and one-half years to three years? 27,288
(f) Three years to four years? 27,290
(g) Four years to five years? 27,292
(h) Five years to ten years? 27,294
(i) More than ten years? 27,296
(H) The sixth chart included in the report under division 27,298
(B) of this section shall provide information that answers all of 27,299
the following questions for each age group and category of 27,300
service: 27,301
(1) What was the average length of stay in a nursing 27,303
facility or intermediate care facility for the mentally retarded? 27,304
(2) How many recipients resided in such a facility for the 27,306
following periods of time: 27,307
(a) Less than three months? 27,309
(b) Three months to one year? 27,311
(c) One year to two years? 27,313
(d) Two years to two and one-half years? 27,315
(e) Two and one-half years to three years? 27,317
(f) Three years to four years? 27,319
(g) Four years to five years? 27,321
(h) Five years to ten years? 27,323
(i) More than ten years? 27,325
(3) What percentage of all recipients resided in such a 27,327
facility for the following periods of time: 27,328
(a) Less than three months? 27,330
(b) Three months to one year? 27,332
(c) One year to two years? 27,334
(d) Two years to two and one-half years? 27,336
(e) Two and one-half years to three years? 27,338
619
(f) Three years to four years? 27,340
(g) Four years to five years? 27,342
(h) Five years to ten years? 27,344
(i) More than ten years? 27,346
(4) What was the total amount spent under the medical 27,348
assistance program to reimburse such facilities for services to 27,349
recipients who resided in such a facility for the following 27,350
periods of time: 27,351
(a) Less than three months? 27,353
(b) Three months to one year? 27,355
(c) One year to two years? 27,357
(d) Two years to two and one-half years? 27,359
(e) Two and one-half years to three years? 27,361
(f) Three years to four years? 27,363
(g) Four years to five years? 27,365
(h) Five years to ten years? 27,367
(i) More than ten years? 27,369
(5) What was the average amount spent under the medical 27,371
assistance program to reimburse such facilities for services to 27,372
recipients who resided in such a facility for the following 27,373
periods of time: 27,374
(a) Less than three months? 27,376
(b) Three months to one year? 27,378
(c) One year to two years? 27,380
(d) Two years to two and one-half years? 27,382
(e) Two and one-half years to three years? 27,384
(f) Three years to four years? 27,386
(g) Four years to five years? 27,388
(h) Five years to ten years? 27,390
(i) More than ten years? 27,392
(6) What percentage of the total amount spent under the 27,394
medical assistance program to reimburse such facilities for 27,395
services to recipients was spent for recipients who resided in 27,396
such a facility for the following periods of time: 27,397
620
(a) Less than three months? 27,399
(b) Three months to one year? 27,401
(c) One year to two years? 27,403
(d) Two years to two and one-half years? 27,405
(e) Two and one-half years to three years? 27,407
(f) Three years to four years? 27,409
(g) Four years to five years? 27,411
(h) Five years to ten years? 27,413
(i) More than ten years? 27,415
Sec. 3729.24. The departments of human JOB AND FAMILY 27,424
services, aging, mental health, and mental retardation and 27,425
developmental disabilities, and any other state or local 27,426
governmental entity requested by the director of health, shall 27,427
report to the Ohio health care data center, in the form and 27,428
manner prescribed by the director as determined in consultation 27,429
with the health data advisory commission, any information 27,430
requested by the director as necessary to complete the reports 27,431
required by sections 3729.21 to 3729.23 of the Revised Code. No 27,432
agency reporting information under this section shall require a 27,433
health care provider to report information that is already 27,434
reported to that agency or another state or local governmental 27,435
agency. Any information necessary to satisfy the requirement of 27,436
this section that is not already collected by the agency shall be 27,437
collected by the center.
Sec. 3729.26. Not later than a date specified by the 27,446
director of health, the department of human JOB AND FAMILY 27,447
services shall submit to the Ohio health care data center its 27,449
first report containing the medical assistance program
information specified in this section. Each year thereafter, the 27,450
department shall submit a report not later than this first day of 27,451
April. The report shall contain all of the following information 27,452
for the previous fiscal year about the medical assistance 27,453
program:
(A) The total number of recipients and the number of the 27,455
621
recipients who received medical services, each group categorized 27,456
by age, sex, and race;
(B) The number of births, the outcomes of births, and the 27,459
cost of the births; 27,460
(C) Any information specified by the director of health 27,463
concerning medical assistance recipients with mental illness, 27,464
mental retardation, a developmental disability, or alcohol or 27,465
drug abuse problems; 27,466
(D) The number of claims processed, categorized by the 27,469
type of health care provider; 27,470
(E) The number of medical providers who participated in 27,473
the program; 27,474
(F) The average length of time recipients stayed in a 27,477
hospital; 27,478
(G) The average number of times recipients visited a 27,481
physician;
(H) The number of times recipients received emergency 27,484
facility services and the number of times these services were
primary care; 27,485
(I) The number of prescriptions issued to recipients; 27,487
(J) The twenty-five health problems of recipients 27,489
diagnosed most frequently and the twenty-five medical procedures 27,490
recipients underwent most frequently; 27,491
(K) The amount spent to reimburse each type of provider 27,494
for services to recipients and the percentage of money spent to 27,495
reimburse each type of provider, each compared to the two fiscal 27,496
years preceding the fiscal year for which the report is prepared; 27,497
(L) The cost of administering the medical assistance 27,500
program and the percentage of money spent for claim payment 27,501
management, quality assurance, utilization review, and 27,502
coordination of benefits, each compared to the two fiscal years 27,503
preceding the fiscal year the report covers; 27,504
(M) The estimated cost under the program for 27,506
administration and reimbursements to each type of provider for 27,507
622
health services to recipients for the fiscal year commencing on 27,508
the next July first; 27,509
(N) The quality assurance cost savings of primary care 27,512
case managed programs under the program in comparison with other 27,513
managed care programs; 27,514
(O) The number of visits under the early and periodic 27,517
screening, diagnosis, and treatment program; 27,518
(P) A status report on all medical assistance 27,521
demonstration programs; 27,522
(Q) Estimated savings due to compliance with federal 27,525
requirements governing the utilization of prescriptions. 27,526
Sec. 3729.61. There is hereby created the health data 27,535
advisory committee, consisting of the directors of administrative 27,536
services, aging, alcohol and drug addiction services, budget and 27,537
management, health, human JOB AND FAMILY services, mental health, 27,539
mental retardation and developmental disabilities, rehabilitation 27,540
and corrections, and youth services, the superintendent of 27,541
insurance, and the administrator of workers' compensation. The 27,542
committee also shall include the representatives of public health 27,543
care programs who were serving on its technical advisory 27,544
committee immediately prior to the effective date of this 27,545
amendment. The members of the health data advisory committee
shall fill any vacancy occurring among these representatives with 27,546
another representative of a public health care program. 27,547
The committee shall advise the Ohio health care data center 27,549
in the performance of its duties. 27,550
Not later than a date specified by the director of health, 27,553
the health data advisory committee shall develop a plan to link 27,555
the Ohio health care data center and all state agencies
administering public health care programs into an electronic data 27,556
collection and transfer system that complies with section 3729.15 27,557
of the Revised Code and is compatible with private sector data 27,558
collection and health claims transaction systems. The plan shall 27,559
include a report on the feasibility of including state agencies 27,560
623
other than those administering public health care programs in the 27,561
system. The plan shall recommend the form and manner for health 27,562
care providers, third-party payers, and the agencies to submit 27,563
data to the data center. The plan also shall recommend potential 27,564
funding sources for the data center. The advisory committee 27,565
shall submit a copy of the plan to the governor, president of the 27,566
senate, and speaker of the house of representatives. 27,567
Sec. 3733.49. (A) There is hereby established in UNDER 27,576
THE AUTHORITY OF the bureau DIRECTOR of employment JOB AND FAMILY 27,578
services the office of the migrant agricultural ombudsman 27,580
OMBUDSPERSON. The administrator of the bureau DIRECTOR shall 27,582
appoint the ombudsman OMBUDSPERSON. No person shall serve as 27,583
ombudsman OMBUDSPERSON who has a fiduciary or pecuniary interest 27,585
in an agricultural labor camp. The ombudsman OMBUDSPERSON shall 27,586
have recognized ability and experience in migrant labor issues 27,588
and shall speak both English and Spanish fluently. The ombudsman 27,589
OMBUDSPERSON shall be a member of the classified civil service 27,591
and shall be subject to an annual job evaluation by the 27,592
administrator DIRECTOR. The ombudsman's OMBUDSPERSON'S salary 27,593
shall be established in a pay range fixed by the administrator 27,595
DIRECTOR.
(B) The migrant agricultural ombudsman OMBUDSPERSON shall: 27,597
(1) Collect and compile available data, statistics, and 27,599
information concerning migrant agricultural laborers and 27,600
agricultural labor camps published by any agency of this state, 27,601
any agency of the federal government, and private organizations, 27,602
including, but not limited to, churches and Hispanic 27,603
organizations. These data, statistics, and information are 27,604
public records as defined in section 149.43 of the Revised Code. 27,605
(2) Coordinate the collection, analysis, and dissemination 27,607
of information about the supply and quality of housing for 27,608
migrant agricultural laborers in both licensed and unlicensed 27,609
camps; 27,610
(3) Familiarize himself BECOME FAMILIAR with state and 27,612
624
federal laws and rules concerning migrant agricultural laborers 27,614
and agricultural labor camps and especially with state and 27,615
federal programs for which migrant agricultural laborers might 27,616
qualify;
(4) Establish a toll-free telephone number that: 27,618
(a) Camp owners and farmers who employ migrant 27,620
agricultural laborers may use to seek clarification of laws and 27,621
rules applicable to camps and for registering complaints; and 27,622
(b) Migrant agricultural laborers may use for the purpose 27,624
of obtaining information described in divisions (B)(1) and (2) of 27,625
this section and for registering complaints. 27,626
(5) Refer problems, complaints, or questions brought to 27,628
his THE OMBUDSPERSON'S attention to the appropriate state or 27,629
federal agency or the attorney general; 27,631
(6) Serve as an advocate for migrant agricultural laborers 27,633
in social service matters; 27,634
(7) Submit an annual report to the president of the 27,636
senate, the speaker of the house of representatives, and the 27,637
members of the minority leadership of the senate and house of 27,638
representatives on or before the thirtieth day of June of each 27,639
year describing migrant agricultural labor conditions found by 27,640
his THE OMBUDSPERSON'S office, along with an assessment of the 27,641
effect of existing law on migrant agricultural labor and labor 27,643
camps and any recommendations for change. The report shall 27,644
contain a compilation of the kinds of complaints received and 27,645
recommendations for any changes in the laws or rules that the 27,646
ombudsman OMBUDSPERSON considers necessary or desirable. 27,647
(8) Develop and recommend to the general assembly 27,649
definitions of "migrant agricultural laborer" and "migrant 27,650
farmworker child" to be used consistently by all state agencies, 27,651
including, but not limited to, boards, departments, divisions, 27,652
commissions, bureaus, societies, councils, and institutions; and 27,653
(9) Conduct a peak-period census of migrant agricultural 27,655
laborers in this state, by county, so that the ombudsman 27,656
625
OMBUDSPERSON can properly assess the need for housing for those 27,658
laborers. The department of health shall assist the ombudsman 27,659
OMBUDSPERSON by providing information on the peak occupancy of 27,661
agricultural labor camps and other additional information 27,662
obtained through inspections of agricultural labor camps. 27,663
Sec. 3737.22. (A) The fire marshal shall do all of the 27,672
following: 27,673
(1) Adopt the state fire code under sections 3737.82 to 27,675
3737.86 of the Revised Code; 27,676
(2) Enforce the state fire code; 27,678
(3) Appoint assistant fire marshals who are authorized to 27,680
enforce the state fire code; 27,681
(4) Conduct investigations into the cause, origin, and 27,683
circumstances of fires and explosions, and prosecute persons 27,684
believed to be guilty of arson or a similar crime; 27,685
(5) Compile statistics concerning loss due to fire and 27,687
explosion as the fire marshal considers necessary, and consider 27,689
the compatibility of the fire marshal's system of compilation 27,690
with the systems of other state and federal agencies and fire 27,692
marshals of other states; 27,693
(6) Engage in research on the cause and prevention of 27,695
losses due to fire and explosion; 27,696
(7) Engage in public education and informational 27,698
activities which will inform the public of fire safety 27,699
information; 27,700
(8) Operate a fire training academy and arson crime 27,702
laboratory; 27,703
(9) Conduct such other fire safety and fire fighting 27,705
training activities for the public and groups as will further the 27,706
cause of fire safety; 27,707
(10) Issue permits, licenses, and certificates as 27,709
authorized by the Revised Code; 27,710
(11) Conduct tests of fire protection systems and devices, 27,712
and fire fighting equipment to determine compliance with the 27,713
626
state fire code, unless a building is insured against the hazard 27,714
of fire, in which case such tests may be performed by the company 27,715
insuring the building; 27,716
(12) Establish and collect fees for permits, licenses, and 27,718
certificates; 27,719
(13) Make available for the prosecuting attorney and an 27,721
assistant prosecuting attorney from each county of this state, in 27,722
accordance with section 3737.331 of the Revised Code, a seminar 27,723
program, attendance at which is optional, that is designed to 27,724
provide current information, data, training, and techniques 27,725
relative to the prosecution of arson cases; 27,726
(14) Administer and enforce Chapter 3743. of the Revised 27,728
Code; 27,729
(15) Develop a form for the written report required to be 27,731
filed under division (E)(4) of section 2921.22 of the Revised 27,732
Code, and accept such reports when they are filed. 27,733
(B) The fire marshal shall appoint a chief deputy, and 27,735
shall employ professional and clerical assistance as the fire 27,736
marshal considers necessary. The chief deputy shall be a 27,738
competent former or current member of a fire agency and possess 27,739
five years of recent, progressively more responsible experience 27,740
in fire inspection and fire code management. All employees, 27,741
other than the fire marshal, the chief deputy, the superintendent 27,742
of the Ohio fire academy, the grants administrator, the fiscal 27,743
officer, the executive secretary to the state fire marshal, and 27,744
the chiefs of the bureau of fire prevention, the arson bureau, 27,745
the arson crime laboratory, and the bureau of underground storage 27,746
tanks, shall be in the classified civil service. The fire 27,748
marshal shall authorize the chief deputy and other employees 27,749
under the fire marshal's supervision to exercise powers granted 27,751
to the fire marshal by law as may be necessary to carry out the 27,752
duties of the fire marshal's office. 27,753
(C) The fire marshal shall create, in and as a part of the 27,755
office of fire marshal, an arson bureau consisting of a chief of 27,756
627
the bureau, and such additional assistant fire marshals as the 27,757
fire marshal determines necessary for the efficient 27,758
administration of the bureau. The chief shall be experienced in 27,759
the investigation of the cause, origin, and circumstances of 27,760
fires, and in administration, including the supervision of 27,761
subordinates. The chief, among other duties delegated to the 27,762
chief by the fire marshal, shall be responsible, under the 27,764
direction of the fire marshal, for the investigation of the 27,765
cause, origin, and circumstances of each fire, and for the 27,766
prosecution of persons believed to be guilty of arson or a 27,767
similar crime.
(D) At the fire marshal's discretion, the fire marshal, or 27,769
the chief deputy under the direction of the fire marshal, may 27,772
cause the inspection to be conducted of all buildings, 27,774
structures, and other places, the condition of which may be 27,776
dangerous from a fire safety standpoint to life or property, or 27,777
to property adjacent thereto.
(E) The fire marshal shall create, as a part of the office 27,779
of fire marshal, a bureau of fire prevention consisting of a 27,780
chief of the bureau, and such additional assistant fire marshals 27,781
as the fire marshal determines necessary for the efficient 27,782
administration of the bureau. The chief shall be qualified, by 27,783
education or experience, to promote programs for rural and urban 27,784
fire prevention and protection. The chief, among other duties 27,785
delegated to the chief by the fire marshal, is responsible, under 27,787
the direction of the fire marshal, for the promotion of rural and 27,788
urban fire prevention and protection through public information 27,789
and education programs. 27,790
(F) The fire marshal shall cooperate with the director of 27,792
human JOB AND FAMILY services when the director promulgates rules 27,793
pursuant to section 5104.052 of the Revised Code regarding fire 27,794
prevention and fire safety in certified type B family day-care 27,795
homes, as defined in section 5104.01 of the Revised Code, 27,796
recommend procedures for inspecting type B homes to determine 27,797
628
whether they are in compliance with those rules, and provide 27,798
training and technical assistance to the director and county 27,799
directors of human JOB AND FAMILY services on the procedures for 27,800
determining compliance with those rules. 27,802
(G) The fire marshal, upon request of a provider of child 27,804
day-care in a type B home that is not certified by the county 27,805
director of human JOB AND FAMILY services, as a precondition of 27,806
approval by the state board of education pursuant to section 27,808
3313.813 of the Revised Code for receipt of United States 27,809
department of agriculture child and adult care food program funds 27,810
established under the "National School Lunch Act," 60 Stat. 230 27,812
(1946), 42 U.S.C. 1751, as amended, shall inspect the type B home 27,813
to determine compliance with rules promulgated pursuant to 27,814
section 5104.052 of the Revised Code regarding fire prevention 27,815
and fire safety in certified type B homes. In municipal 27,816
corporations and in townships where there is a certified fire 27,817
safety inspector, the inspections shall be made by that inspector 27,818
under the supervision of the fire marshal, according to rules 27,819
promulgated pursuant to section 5104.052 of the Revised Code. In 27,820
townships outside municipal corporations where there is no 27,821
certified fire safety inspector, inspections shall be made by the 27,822
fire marshal.
Sec. 3737.65. (A) No person shall sell, offer for sale, 27,831
or use any fire protection or fire fighting equipment that does 27,832
not meet the minimum standards established by the fire marshal in 27,833
the state fire code. 27,834
(B) Except for public and private mobile fire trucks, no 27,836
person shall service, test, repair, or install for profit any 27,837
fire protection or fire fighting equipment without a certificate 27,838
or a provisional certificate issued by the fire marshal. 27,839
(C) The fire marshal shall not issue a provisional 27,841
certificate pursuant to division (B) of this section to any 27,842
individual who is not enrolled in a bona fide apprenticeship 27,843
training program registered with the apprenticeship council 27,844
629
pursuant to section 4111.29 4139.05 of the Revised Code or with 27,846
the bureau of apprenticeship and training of the United States 27,847
department of labor. A provisional certificate issued pursuant 27,848
to this section authorizes an individual to engage in the 27,849
activities permitted under division (B) of this section only if 27,850
the individual: 27,851
(1) Remains enrolled in such an apprenticeship training 27,853
program; and 27,854
(2) Is directly supervised by an individual who possesses 27,856
a valid and current certificate issued pursuant to division (B) 27,857
of this section for the activities in which the individual issued 27,858
the provisional certificate is engaged and the certified 27,859
individual directly supervising the individual issued the 27,860
provisional certificate only supervises one provisional 27,861
certificate holder. 27,862
Sec. 3750.02. (A) There is hereby created the emergency 27,871
response commission consisting of the directors of environmental 27,872
protection and health, the chairpersons of the public utilities 27,874
commission, industrial commission, and state and local government 27,876
commission, the fire marshal, the director of public safety, the 27,877
administrator DIRECTOR of the bureau of employment JOB AND FAMILY 27,878
services, and the attorney general as members ex officio, or 27,880
their designees; notwithstanding section 101.26 of the Revised
Code, the chairpersons of the respective standing committees of 27,882
the senate and house of representatives that are primarily 27,883
responsible for considering environmental issues who may 27,884
participate fully in all the commission's deliberations and 27,885
activities, except that they shall serve as nonvoting members; 27,886
and ten members to be appointed by the governor with the advice 27,887
and consent of the senate. The appointed members, to the extent 27,888
practicable, shall have technical expertise in the field of 27,889
emergency response. Of the appointed members, two shall 27,890
represent environmental advocacy organizations, one shall 27,891
represent the interests of petroleum refiners or marketers or 27,892
630
chemical manufacturers, one shall represent the interests of 27,893
another industry subject to this chapter, one shall represent the 27,894
interests of municipal corporations, one shall represent the 27,895
interests of counties, one shall represent the interests of 27,896
chiefs of fire departments, one shall represent the interests of 27,897
professional firefighters, one shall represent the interests of 27,899
volunteer firefighters, and one shall represent the interests of 27,901
local emergency management agencies. 27,902
An appointed member of the commission also may serve as a 27,905
member of the local emergency planning committee of an emergency 27,906
planning district. An appointed member of the commission who is 27,907
also a member of a local emergency planning committee shall not 27,908
participate as a member of the commission in the appointment of 27,909
members of the local emergency planning committee of which the 27,910
member is a member, in the review of the chemical emergency 27,912
response and preparedness plan submitted by the local emergency 27,913
planning committee of which the member is a member, in any vote 27,914
to approve a grant to the member's district, or in any vote of 27,916
the commission on any motion or resolution pertaining 27,918
specifically to the member's district or the local emergency 27,920
planning committee on which the member serves. A commission 27,922
member who is also a member of a local emergency planning 27,923
committee shall not lobby or otherwise act as an advocate for the 27,924
member's district to other members of the commission to obtain 27,926
from the commission anything of value for the member's district 27,927
or the local emergency planning committee of which the member is 27,928
a member. A member of the commission who is also a member of a 27,930
local emergency planning committee may vote on resolutions of the 27,931
commission that apply uniformly to all local emergency planning 27,932
committees and districts in the state and do not provide a grant 27,933
or other pecuniary benefit to the member's district or the 27,934
committee of which the member is a member. 27,936
The governor shall make the initial appointments to the 27,938
commission within thirty days after December 14, 1988. Of the 27,940
631
initial appointments to the commission, five shall be for a term 27,943
of two years and five shall be for a term of one year. 27,944
Thereafter, terms of office of the appointed members of the 27,945
commission shall be for two years, with each term ending on the 27,946
same day of the same month as did the term that it succeeds. 27,947
Each member shall hold office from the date of appointment until 27,948
the end of the term for which the member was appointed. Members 27,950
may be reappointed. Vacancies shall be filled in the manner 27,951
provided for original appointments. Any member appointed to fill 27,952
a vacancy occurring prior to the expiration of the term for which 27,953
the member's predecessor was appointed shall hold office for the 27,955
remainder of that term. A member shall continue in office 27,956
subsequent to the expiration date of the member's term until the 27,958
member's successor takes office or until a period of sixty days 27,959
has elapsed, whichever occurs first. The commission may at any 27,960
time by a vote of two-thirds of all the members remove any 27,961
appointed member of the commission for misfeasance, nonfeasance, 27,962
or malfeasance. Members of the commission shall serve without 27,963
compensation, but shall be reimbursed for the reasonable expenses 27,964
incurred by them in the discharge of their duties as members of 27,965
the commission. 27,966
The commission shall meet at least annually and shall hold 27,968
such additional meetings as are necessary to implement and 27,969
administer this chapter. Additional meetings may be held at the 27,970
behest of either a co-chairperson or a majority of the members. 27,972
The commission shall, by adoption of internal management rules 27,973
under division (B)(9) of this section, establish an executive 27,974
committee and delegate to it the performance of such of the 27,975
commission's duties and powers under this chapter as are required 27,976
or authorized to be so delegated by that division. The 27,977
commission may organize itself into such additional committees as 27,978
it considers necessary or convenient to implement and administer 27,979
this chapter. The director of environmental protection and the 27,981
director of public safety or their designees shall serve as 27,982
632
co-chairpersons of the commission and the executive committee. 27,983
Except as otherwise provided in this chapter, a majority of the 27,984
voting members of the commission constitutes a quorum and the 27,985
affirmative vote of a majority of the voting members of the 27,986
commission is necessary for any action taken by the commission. 27,987
Meetings of the executive committee conducted for the purpose of 27,988
determining whether to issue an enforcement order or request that 27,989
a civil action, civil penalty action, or criminal action be 27,990
brought to enforce this chapter or rules adopted or orders issued 27,991
under it are not subject to section 121.22 of the Revised Code 27,992
pursuant to division (D) of that section. 27,993
Except for the purposes of Chapters 102. and 2921. and 27,995
sections 9.86 and 109.36 to 109.366 of the Revised Code, serving 27,996
as an appointed member of the commission does not constitute 27,997
holding a public office or position of employment under the laws 27,998
of this state and does not constitute grounds for removal of 27,999
public officers or employees from their offices or positions of 28,000
employment. 28,001
(B) The commission shall: 28,003
(1) Adopt rules in accordance with Chapter 119. of the 28,005
Revised Code that are consistent with and equivalent in scope, 28,006
content, and coverage to the "Emergency Planning and Community 28,007
Right-To-Know Act of 1986," 100 Stat. 1729, 42 U.S.C.A. 11001, 28,008
and applicable regulations adopted under it: 28,009
(a) Identifying or listing extremely hazardous substances 28,011
and establishing a threshold planning quantity for each such 28,012
substance. To the extent consistent with that act and applicable 28,013
regulations adopted under it, the rules may establish threshold 28,014
planning quantities based upon classes of those substances or 28,015
categories of facilities at which such substances are present. 28,016
(b) Listing hazardous chemicals, establishing threshold 28,018
quantities for those chemicals, establishing categories of health 28,019
and physical hazards of those chemicals, establishing criteria or 28,020
procedures for identifying those chemicals and the appropriate 28,021
633
hazard categories of those chemicals, and establishing ranges of 28,022
quantities for those chemicals to be used in preparing emergency 28,023
and hazardous chemical inventory forms under section 3750.08 of 28,024
the Revised Code. To the extent consistent with that act and 28,025
applicable regulations adopted under it, the rules may establish 28,026
threshold quantities based upon classes of those chemicals or 28,027
categories of facilities where those chemicals are present. 28,028
To the extent consistent with that act, the threshold 28,030
quantities for purposes of the submission of lists of hazardous 28,031
chemicals under section 3750.07 and the submission of emergency 28,032
and hazardous chemical inventory forms under section 3750.08 of 28,033
the Revised Code may differ. 28,034
(c) Identifying or listing hazardous substances and 28,036
establishing reportable quantities of each of those substances 28,037
and each extremely hazardous substance. In addition to being 28,038
consistent with and equivalent in scope, content, and coverage to 28,039
that act and applicable regulations adopted under it, the rules 28,040
shall be consistent with and equivalent in scope, content, and 28,041
coverage to regulations identifying or listing hazardous 28,042
substances and reportable quantities of those substances adopted 28,043
under the "Comprehensive Environmental Response, Compensation, 28,044
and Liability Act of 1980," 94 Stat. 2779, 42 U.S.C.A. 9602, as 28,045
amended. 28,046
(d) Prescribing the information to be included in the 28,048
lists of hazardous chemicals required to be submitted under 28,049
section 3750.07 of the Revised Code; 28,050
(e) Prescribing the information to be included in the 28,052
emergency and hazardous chemical inventory forms required to be 28,053
submitted under section 3750.08 of the Revised Code. If the 28,054
commission establishes its own emergency and hazardous chemical 28,055
inventory form, the rules shall authorize owners and operators of 28,056
facilities who also have one or more facilities located outside 28,057
the state for which they are required to submit inventory forms 28,058
under the federal act and regulations adopted under it to submit 28,059
634
their annual inventories on forms prescribed by the administrator 28,060
of the United States environmental protection agency under that 28,061
act instead of on forms prescribed by the commission and shall 28,062
require those owners or operators to submit any additional 28,063
information required by the commission's inventory form on an 28,064
attachment to the federal form. 28,065
(f) Establishing procedures for giving verbal notice of 28,067
releases under section 3750.06 of the Revised Code and 28,068
prescribing the information to be provided in such a notice and 28,069
in the follow-up written notice required by that section; 28,070
(g) Establishing standards for determining valid needs for 28,072
the release of tier II information under division (B)(4) of 28,073
section 3750.10 of the Revised Code; 28,074
(h) Identifying the types or categories of information 28,076
submitted or obtained under this chapter and rules adopted under 28,077
it that constitute confidential business information; 28,078
(i) Establishing criteria and procedures to protect trade 28,080
secret and confidential business information from unauthorized 28,081
disclosure; 28,082
(j) Establishing other requirements or authorizations that 28,084
the commission considers necessary or appropriate to implement, 28,085
administer, and enforce this chapter. 28,086
(2) Adopt rules in accordance with Chapter 119. of the 28,088
Revised Code to implement and administer this chapter that may be 28,089
more stringent than the "Emergency Planning and Community 28,090
Right-To-Know Act of 1986," 100 Stat. 1729, 42 U.S.C.A. 11001, 28,091
and regulations adopted under it. Rules adopted under division 28,093
(B)(2) of this section shall not be inconsistent with that act or 28,094
the regulations adopted under it. The rules shall: 28,095
(a) Prescribe the information to be included in the 28,097
chemical emergency response and preparedness plans prepared and 28,098
submitted by local emergency planning committees under section 28,099
3750.04 of the Revised Code; 28,100
(b) Establish criteria and procedures for reviewing the 28,102
635
chemical emergency response and preparedness plans of local 28,103
emergency planning committees required by section 3750.04 of the 28,104
Revised Code and the annual exercise of those plans and for 28,105
providing concurrence or requesting modifications in the plans 28,106
and the exercise of those plans. The criteria shall include, 28,107
without limitation, the requirement that each exercise of a 28,108
committee's plan involve, in addition to local emergency response 28,109
and medical personnel, either a facility that is subject to the 28,110
plan or a transporter of materials that are identified or listed 28,111
as hazardous materials by regulations adopted under the 28,113
"Hazardous Materials Transportation Act," 88 Stat. 2156 (1975),
49 U.S.C.A. 1801, as amended. 28,114
(c) Establish policies and procedures for maintaining 28,116
information submitted to the commission and local emergency 28,117
planning committees under this chapter, and for receiving and 28,118
fulfilling requests from the public for access to review and to 28,119
obtain copies of that information. The criteria and procedures 28,120
shall include the following requirements and authorizations 28,121
regarding that information and access to it: 28,122
(i) Information that is protected as trade secret 28,124
information or confidential business information under this 28,125
chapter and rules adopted under it shall be kept in files that 28,126
are separate from those containing information that is not so 28,127
protected. 28,128
(ii) The original copies of information submitted to the 28,130
commission or committee shall not be removed from the custody and 28,131
control of the commission or committee. 28,132
(iii) A person who, either in person or by mail, requests 28,134
to obtain a copy of a material safety data sheet submitted under 28,135
this chapter by a facility owner or operator shall submit a 28,136
separate application for each facility for which a material 28,137
safety data sheet is being requested. 28,138
(iv) A person who requests to receive by mail a copy of 28,140
information submitted under this chapter by a facility owner or 28,141
636
operator shall submit a separate application for each facility 28,142
for which information is being requested and shall specify both 28,143
the facility for which information is being requested and the 28,144
particular types of documents requested. 28,145
(v) Only employees of the commission or committee shall 28,147
copy information in the files of the commission or committee. 28,148
(vi) The commission or committee may require any person 28,150
who requests to review or obtain a copy of information in its 28,151
files to schedule an appointment for that purpose with the 28,152
information coordinator of the commission or committee at least 28,153
twenty-four hours before arriving at the office of the commission 28,154
or committee for the review or copy. 28,155
(vii) Any person who seeks access to information in the 28,157
files of the commission or a local emergency planning committee 28,158
shall submit a written application, either in person or by mail, 28,159
to the information coordinator on a form provided by the 28,160
commission or committee. The person also shall provide the 28,161
person's name and current mailing address on the application and 28,163
may be requested by the commission or committee to provide basic 28,164
demographic information on the form to assist in the evaluation 28,165
of the information access provisions of this chapter and rules 28,166
adopted under it. Application forms may be obtained by mail or 28,167
in person or by request by telephone at the office of the 28,168
commission or committee during regular business hours. Upon 28,169
receipt of a request for an application by telephone or mail, the 28,170
information coordinator shall promptly mail an application to the 28,171
person who requested it. 28,172
(viii) The application form shall provide the applicant 28,174
with a means of indicating that the applicant's name and address 28,176
are to be kept confidential. If the applicant so indicates, that 28,177
information is not a public record under section 149.43 of the 28,178
Revised Code and shall not be disclosed to any person who is not 28,179
a member or employee of the commission or committee or an 28,180
employee of the environmental protection agency. When a name and 28,181
637
address are to be kept confidential, they also shall be deleted 28,182
from the copy of the application required to be placed in the 28,183
file of the facility under division (B)(2)(c)(xii) of this 28,184
section and shall be withheld from any log of information 28,185
requests kept by the commission or committee pursuant to that 28,186
division. 28,187
(ix) Neither the commission nor a local emergency planning 28,189
committee shall charge any fee for access to review information 28,190
in its files when no copies or computer searches of that 28,191
information are requested. 28,192
(x) An applicant shall be informed of the cost of copying, 28,194
mailing, or conducting a computer search of information on file 28,195
with the commission or committee before such a copy or search is 28,196
made, and the commission or committee shall collect the 28,197
appropriate fees as established under section 3750.13 of the 28,198
Revised Code. Each applicant shall acknowledge on the 28,199
application form that the applicant is aware that the applicant 28,201
will be charged for copies and computer searches of that 28,202
information the applicant requests and for the costs of mailing 28,204
copies of the information to the applicant.
(xi) The commission or committee may require a person 28,206
requesting copies of information on file with it to take delivery 28,207
of them in the office of the commission or committee whenever it 28,208
considers the volume of the information to be large enough to 28,209
make mailing or delivery by a parcel or package delivery service 28,210
impractical. 28,211
(xii) When the commission or committee receives a request 28,213
for access to review or obtain copies of information in its 28,214
files, it shall not routinely notify the owner or operator of the 28,215
facility involved, but instead shall either keep a log or file of 28,216
requests for the information or shall place a copy of each 28,217
completed application form in the file for the facility to which 28,218
the application pertains. Such a log or file shall be available 28,219
for review by the public and by the owners and operators of 28,220
638
facilities required to submit information to the commission or 28,221
committee under this chapter and rules adopted under it. 28,222
(d) Require that claims for the protection, as a trade 28,224
secret, of information obtained under this chapter regarding 28,225
extremely hazardous substances identified or listed in rules 28,226
adopted under division (B)(1)(a) of this section and hazardous 28,227
chemicals identified or listed in rules adopted under division 28,228
(B)(1)(b) of this section be submitted to the administrator of 28,229
the United States environmental protection agency for 28,230
determination under section 322 of the "Emergency Planning and 28,231
Community Right-To-Know Act of 1986," 100 Stat. 1747, 42 U.S.C.A. 28,232
11042, and regulations adopted under that section; 28,233
(e) Establish criteria and procedures for the issuance of 28,235
variances under divisions (B) and (C) of section 3750.11 of the 28,236
Revised Code. The rules shall require that, before approval of 28,237
an application for a variance, the commission or committee find 28,238
by a preponderance of the scientific evidence based upon 28,239
generally accepted scientific principles or laboratory tests that 28,240
the extremely hazardous substances, hazardous chemicals, or 28,241
hazardous substances that would be subject to the reporting 28,242
requirement pose a substantial risk of catastrophic injury to 28,243
public health or safety or to the environment, or pose an 28,244
extraordinary risk of injury to emergency management personnel 28,245
responding to a release of the chemicals or substances, when the 28,246
substances or chemicals are present at a facility in an amount 28,247
equal to or exceeding the quantity for which reporting would be 28,248
required under the reporting requirement for which the variance 28,249
is sought. The rules shall also require that before approval of 28,250
an application for a variance, the commission or committee find 28,251
by a preponderance of the evidence that the development and 28,252
implementation of a local emergency response plan for releases of 28,253
the substances or chemicals covered by the reporting requirement 28,254
will reduce the risk of catastrophic injury to public health or 28,255
safety or to the environment, or will reduce the extraordinary 28,256
639
risk of injury to responding emergency management personnel, in 28,257
the event of a release of the substances or chemicals and find by 28,258
a preponderance of the evidence that the reporting requirement is 28,259
necessary for the development of such a local emergency response 28,260
plan. The rules shall require that when determining whether the 28,261
substances or chemicals that would be subject to the reporting 28,262
requirement pose a substantial risk of catastrophic injury to 28,263
public health or safety or to the environment, or pose an 28,264
extraordinary risk of injury to emergency management personnel 28,265
responding to a release of the substance or chemical, the 28,266
commission or committee consider all of the following factors: 28,267
(i) The specific characteristics and degree and nature of 28,269
the hazards posed by a release of the extremely hazardous 28,270
substances, hazardous chemicals, or hazardous substances; 28,271
(ii) The proximity of the facilities that would be subject 28,273
to the reporting requirement to residential areas, to areas where 28,274
significantly large numbers of people are employed or otherwise 28,275
congregate, and to environmental resources that are subject to 28,276
injury; 28,277
(iii) The quantities of the extremely hazardous 28,279
substances, hazardous chemicals, or hazardous substances that are 28,280
routinely present at facilities that would be subject to the 28,281
reporting requirement; 28,282
(iv) The frequency with which the extremely hazardous 28,284
substances, hazardous chemicals, or hazardous substances are 28,285
present at the facilities that would be subject to the reporting 28,286
requirement in quantities for which reporting would be required 28,287
thereunder. 28,288
(f) Establish criteria and procedures for the issuance of 28,290
orders under division (D) of section 3750.11 of the Revised Code 28,291
requiring the placement of emergency response lock box units. 28,292
The rules shall require that before approval of an application 28,293
for issuance of such an order, the commission or committee find 28,294
by a preponderance of the scientific evidence based upon 28,295
640
generally accepted scientific principles or laboratory tests that 28,296
the presence of the extremely hazardous substances, hazardous 28,297
chemicals, or hazardous substances in the quantities in which 28,298
they are routinely or intermittently present at the facility for 28,299
which the order is sought pose a substantial risk of catastrophic 28,300
injury to public health or safety or to the environment, or pose 28,301
an extraordinary risk of injury to responding emergency 28,302
management personnel, in the event of a release of any of those 28,303
substances or chemicals from the facility. The rules shall 28,304
require that before approval of an application for issuance of 28,305
such an order, the commission or committee also find by a 28,306
preponderance of the evidence that the placement of an emergency 28,307
response lock box unit at the facility is necessary to protect 28,308
against the substantial risk of catastrophic injury to public 28,309
health or safety or the environment, or to protect against an 28,310
extraordinary risk of injury to responding emergency management 28,311
personnel, in the event of a release of any of the extremely 28,312
hazardous substances, hazardous chemicals, or hazardous 28,313
substances routinely or intermittently present at the facility. 28,314
The rules shall require that when determining whether the 28,315
extremely hazardous substances, hazardous chemicals, or hazardous 28,316
substances present at the facility pose a substantial risk of 28,317
catastrophic injury to public health or safety or to the 28,318
environment, or pose an extraordinary risk of injury to 28,319
responding emergency management personnel, in the event of a 28,320
release of any of those substances or chemicals from the 28,321
facility, the commission or committee consider all of the 28,322
following factors: 28,323
(i) The specific characteristics and the degree and nature 28,325
of the hazards posed by a release of the extremely hazardous 28,326
substances, hazardous chemicals, or hazardous substances present 28,327
at the facility; 28,328
(ii) The proximity of the facility to residential areas, 28,330
to areas where significantly large numbers of people are employed 28,331
641
or otherwise congregate, and to environmental resources that are 28,332
subject to injury; 28,333
(iii) The quantities of the extremely hazardous 28,335
substances, hazardous chemicals, or hazardous substances that are 28,336
routinely present at the facility; 28,337
(iv) The frequency with which the extremely hazardous 28,339
substances, hazardous chemicals, or hazardous substances are 28,340
present at the facility. 28,341
(g) Establish procedures to be followed by the commission 28,343
and the executive committee of the commission for the issuance of 28,344
orders under this chapter. 28,345
(3) In accordance with Chapter 119. of the Revised Code 28,347
adopt rules establishing reportable quantities for releases of 28,348
oil that are consistent with and equivalent in scope, content, 28,349
and coverage to section 311 of the "Federal Water Pollution 28,350
Control Act Amendments of 1972," 86 Stat. 862, 33 U.S.C.A. 1321, 28,351
as amended, and applicable regulations adopted under it; 28,352
(4) Adopt rules in accordance with Chapter 119. of the 28,354
Revised Code establishing criteria and procedures for identifying 28,355
or listing extremely hazardous substances in addition to those 28,356
identified or listed in rules adopted under division (B)(1)(a) of 28,357
this section and for establishing threshold planning quantities 28,358
and reportable quantities for the added extremely hazardous 28,359
substances; for identifying or listing hazardous chemicals in 28,360
addition to those identified or listed in rules adopted under 28,361
division (B)(1)(b) of this section and for establishing threshold 28,362
quantities and categories of health and physical hazards for the 28,363
added hazardous chemicals; and for identifying or listing 28,364
hazardous substances in addition to those identified or listed in 28,365
rules adopted under division (B)(1)(c) of this section and for 28,366
establishing reportable quantities for the added hazardous 28,368
substances. The criteria for identifying or listing additional 28,369
extremely hazardous substances and establishing threshold 28,370
planning quantities and reportable quantities therefor and for 28,371
642
identifying or listing additional hazardous chemicals and 28,372
establishing threshold quantities and categories of health and 28,373
physical hazards for the added hazardous chemicals shall be 28,374
consistent with and equivalent to applicable criteria therefor 28,375
under the "Emergency Planning and Community Right-To-Know Act of 28,376
1986," 100 Stat. 1729, 42 U.S.C.A. 11001, and regulations adopted 28,377
under it. The criteria for identifying additional hazardous 28,378
substances and for establishing reportable quantities of the 28,379
added hazardous substances shall be consistent with and 28,380
equivalent to the applicable criteria for identifying or listing 28,381
hazardous substances and establishing reportable quantities 28,382
therefor under the "Comprehensive Environmental Response, 28,383
Compensation, and Liability Act of 1980," 94 Stat. 2779, 42 28,384
U.S.C.A. 9602, as amended, and regulations adopted under it. 28,385
The rules shall require that, before identifying or listing 28,388
any such additional extremely hazardous substance, hazardous 28,389
chemical, or hazardous substance and establishing a threshold 28,390
planning quantity, threshold quantity, or reportable quantity 28,391
therefor, the commission find by a preponderance of the 28,392
scientific evidence based on generally accepted scientific 28,393
principles or laboratory tests that the substance or chemical 28,394
poses a substantial risk of catastrophic injury to public health 28,395
or safety or to the environment, or poses an extraordinary risk 28,396
of injury to emergency management personnel responding to a 28,397
release of the chemical or substance, when the chemical or 28,398
substance is present at a facility in an amount equal to the 28,399
proposed threshold planning quantity or threshold quantity or, in 28,400
the instance of a proposed additional extremely hazardous 28,401
substance or hazardous substance, poses a substantial risk of 28,402
catastrophic injury to public health or safety or to the 28,403
environment if a release of the proposed reportable quantity of 28,404
the substance occurs. The rules shall further require that, 28,405
before so identifying or listing a substance or chemical, the 28,406
commission find by a preponderance of the evidence that the 28,407
643
development and implementation of state or local emergency 28,408
response plans for releases of the substance or chemical will 28,409
reduce the risk of a catastrophic injury to public health or 28,410
safety or to the environment, or will reduce the extraordinary 28,411
risk of injury to responding emergency response personnel, in the 28,412
event of a release of the substance or chemical and find by a 28,413
preponderance of the evidence that the identification or listing 28,414
of the substance or chemical is necessary for the development of 28,415
state or local emergency response plans for releases of the 28,416
substance or chemical. The rules shall require that the 28,417
commission consider the toxicity of the substance or chemical in 28,418
terms of both the short-term and long-term health effects 28,419
resulting from exposure to it and its reactivity, volatility, 28,420
dispersibility, combustibility, and flammability when determining 28,421
the risks posed by a release of the substance or chemical and, as 28,422
appropriate, when establishing a threshold planning quantity, 28,423
threshold quantity, reportable quantity, or category of health or 28,424
physical hazard for it.
(5) Adopt rules in accordance with Chapter 119. of the 28,426
Revised Code establishing criteria and procedures for receiving 28,427
and deciding claims for protection of information as a trade 28,428
secret that are applicable only to extremely hazardous substances 28,429
and hazardous chemicals identified or listed in rules adopted 28,430
under division (C)(5) of this section. The rules shall be 28,431
equivalent in scope, content, and coverage to section 322 of the 28,432
"Emergency Planning and Community Right-To-Know Act of 1986," 100 28,433
Stat. 1747, 42 U.S.C.A. 11042, and regulations adopted under it. 28,434
(6)(a) After consultation with the fire marshal, adopt 28,436
rules in accordance with Chapter 119. of the Revised Code 28,437
establishing standards for the construction, placement, and use 28,438
of emergency response lock box units at facilities that are 28,439
subject to this chapter. The rules shall establish all of the 28,440
following: 28,441
(i) Specific standards of construction for lock box units; 28,443
644
(ii) The specific types of information that shall be 28,445
placed in the lock box units required to be placed at a facility 28,446
by an order issued under division (D) of section 3750.11 of the 28,447
Revised Code, which shall include the location of on-site 28,448
emergency fire-fighting and spill cleanup equipment; a diagram of 28,449
the public and private water supply and sewage systems serving 28,450
the facility that are known to the owner or operator of the 28,451
facility; a copy of the emergency and hazardous chemical 28,452
inventory form for the facility most recently required to be 28,453
submitted under section 3750.08 of the Revised Code from which 28,454
the owner or operator may withhold information claimed or 28,455
determined to be trade secret information pursuant to rules 28,456
adopted under division (B)(2)(d) of this section, or pursuant to 28,457
division (B)(14) of this section and rules adopted under division 28,458
(B)(5) of this section, and confidential business information 28,459
identified in rules adopted under division (B)(1)(h) of this 28,460
section; a copy of the local fire department's and facility's 28,461
emergency management plans for the facility, if any; a current 28,462
list of the names, positions, addresses, and telephone numbers of 28,463
all key facility personnel knowledgeable in facility safety 28,464
procedures and the locations at the facility where extremely 28,465
hazardous substances, hazardous chemicals, and hazardous 28,466
substances are produced, used, or stored. The rules shall 28,467
stipulate that, in the instance of lock box units placed 28,468
voluntarily at facilities by the owners or operators of the 28,469
facilities, such information shall be maintained in them as is 28,470
prescribed by agreement by the owner or operator and the fire 28,471
department having jurisdiction over the facility. 28,472
(iii) The conditions that shall be met in order to provide 28,474
safe and expedient access to a lock box unit during a release or 28,475
threatened release of an extremely hazardous substance, hazardous 28,476
chemical, or hazardous substance. 28,477
(b) Unless the owner or operator of a facility is issued 28,479
an order under division (D) of section 3750.11 of the Revised 28,480
645
Code requiring the owner or operator to place a lock box unit at 28,482
the facility, the owner or operator may place a lock box unit at 28,483
the facility at the owner's or operator's discretion. If the 28,485
owner or operator chooses to place a lock box unit at the
facility, the responsibility to deposit information in the lock 28,487
box unit is in addition to any other obligations established in 28,488
this chapter.
(c) Any costs associated with the purchase, construction, 28,490
or placement of a lock box unit shall be paid by the owner or 28,491
operator of the facility. 28,492
(7) In accordance with Chapter 119. of the Revised Code, 28,494
adopt rules governing the application for and awarding of grants 28,495
under division (C) of section 3750.14 and division (B) of section 28,496
3750.15 of the Revised Code; 28,497
(8) Adopt rules in accordance with Chapter 119. of the 28,499
Revised Code establishing reasonable maximum fees that may be 28,500
charged by the commission and local emergency planning committees 28,501
for copying information in the commission's or committee's files 28,502
to fulfill requests from the public for that information; 28,503
(9) Adopt internal management rules governing the 28,505
operations of the commission. The internal management rules 28,506
shall establish an executive committee of the commission 28,507
consisting of the director of environmental protection or the 28,508
director's designee, the director of public safety or the 28,510
director's designee, the attorney general or the attorney 28,512
general's designee, one of the appointed members of the 28,514
commission representing industries subject to this chapter to be 28,515
appointed by the commission, one of the appointed members of the 28,516
commission representing the interests of environmental advocacy 28,517
organizations to be appointed by the commission, and one other 28,518
appointed member or member ex officio of the commission to be 28,519
appointed by the commission. The executive committee has 28,520
exclusive authority to issue enforcement orders under section 28,521
3750.18 of the Revised Code and to request the attorney general 28,522
646
to bring a civil action, civil penalty action, or criminal action 28,523
under section 3750.20 of the Revised Code in the name of the 28,524
commission regarding violations of this chapter, rules adopted 28,525
under it, or orders issued under it. The internal management 28,526
rules may set forth the other specific powers and duties of the 28,527
commission that the executive committee may exercise and carry 28,528
out and the conditions under which the executive committee may do 28,529
so. The internal management rules shall not authorize the 28,530
executive committee to issue variances under division (B) or (C) 28,531
of section 3750.11 of the Revised Code or orders under division 28,532
(D) of that section.
(10) Oversee and coordinate the implementation and 28,534
enforcement of this chapter and make such recommendations to the 28,535
director of environmental protection and the director of public 28,537
safety as it considers necessary or appropriate to improve the 28,538
implementation and enforcement of this chapter; 28,539
(11) Make allocations of moneys under division (B) of 28,541
section 3750.14 of the Revised Code and make grants under 28,542
division (C) of section 3750.14 and division (B) of section 28,543
3750.15 of the Revised Code; 28,544
(12) Designate an officer of the environmental protection 28,546
agency to serve as the commission's information coordinator under 28,547
this chapter; 28,548
(13) Not later than December 14, 1989, develop and 28,551
distribute a state emergency response plan that defines the 28,553
emergency response roles and responsibilities of the state 28,554
agencies that are represented on the commission and that provides 28,555
appropriate coordination with the national contingency plan and 28,556
the regional contingency plan required by section 105 of the 28,557
"Comprehensive Environmental Response, Compensation, and 28,558
Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as 28,559
amended. The plan shall ensure a well-coordinated response by 28,560
state agencies that may be involved in assisting local emergency 28,561
responders during a major release of oil or a major sudden and 28,562
647
accidental release of a hazardous substance or extremely 28,563
hazardous substance. The plan may incorporate existing state 28,564
emergency response plans by reference. At least annually, the 28,565
commission and the state agencies that are represented on it 28,566
shall jointly exercise the state plan in conjunction with the 28,567
exercise of a local emergency response plan by a local emergency 28,568
planning committee under section 3750.04 of the Revised Code. 28,569
After any such exercise, the commission shall review the state 28,570
plan and make such revisions in it as the commission considers 28,571
necessary or appropriate.
(14) Receive and decide claims for the protection of 28,573
information as a trade secret that pertain only to extremely 28,574
hazardous substances and hazardous chemicals identified or listed 28,575
by rules adopted under division (C)(5) of this section. If the 28,576
commission determines that the claim meets the criteria 28,577
established in rules adopted under division (B)(5) of this 28,578
section, it shall issue an order to that effect in accordance 28,579
with section 3750.18 of the Revised Code. If the commission 28,580
determines that the claim does not meet the criteria established 28,581
in those rules, it shall issue an order to that effect in 28,582
accordance with section 3750.18 of the Revised Code. 28,583
(15) Annually compile, make available to the public, and 28,585
submit to the president of the senate and the speaker of the 28,586
house of representatives a summary report on the number of 28,587
facilities estimated to be subject to regulation under sections 28,588
3750.05, 3750.07, and 3750.08 of the Revised Code, the number of 28,589
facilities reporting to the commission, an estimate of the 28,590
percentage of facilities in compliance with those sections, and 28,591
recommendations regarding the types of activities the commission 28,592
considers necessary to improve such compliance. The commission 28,593
shall base its estimate of the number of facilities that are 28,594
subject to regulation under those sections on the current 28,595
estimates provided by the local emergency planning committees 28,596
under division (D)(6) of section 3750.03 of the Revised Code. 28,597
648
(C) The commission may: 28,599
(1) Procure by contract the temporary or intermittent 28,601
services of experts or consultants when those services are to be 28,602
performed on a part-time or fee-for-service basis and do not 28,603
involve the performance of administrative duties; 28,604
(2) Enter into contracts or agreements with political 28,606
subdivisions or emergency planning districts for the purposes of 28,607
this chapter; 28,608
(3) Accept on behalf of the state any gift, grant, or 28,610
contribution from any governmental or private source for the 28,611
purposes of this chapter; 28,612
(4) Enter into contracts, agreements, or memoranda of 28,614
understanding with any state department, agency, board, 28,615
commission, or institution to obtain the services of personnel 28,616
thereof or utilize resources thereof for the purposes of this 28,617
chapter. Employees of a state department, agency, board, 28,618
commission, or institution providing services to the commission 28,619
under any such contract, agreement, or memorandum shall perform 28,620
only those functions and provide only the services provided for 28,621
in the contract, agreement, or memorandum. 28,622
(5) Identify or list extremely hazardous substances in 28,624
addition to those identified or listed in rules adopted under 28,625
division (B)(1)(a) of this section and establish threshold 28,626
planning quantities and reportable quantities for the additional 28,627
extremely hazardous substances, identify or list hazardous 28,628
chemicals in addition to those identified or listed in rules 28,629
adopted under division (B)(1)(b) of this section and establish 28,630
threshold quantities and categories or health and physical 28,631
hazards for the added chemicals, and identify or list hazardous 28,632
substances in addition to those identified or listed in rules 28,633
adopted under division (B)(1)(c) of this section and establish 28,634
reportable quantities for the added hazardous substances. The 28,635
commission may establish threshold planning quantities for the 28,636
additional extremely hazardous substances based upon classes of 28,637
649
those substances or categories of facilities at which they are 28,638
present and may establish threshold quantities for the additional 28,639
hazardous chemicals based upon classes of those chemicals or 28,640
categories of facilities where they are present. The commission 28,641
shall identify or list such additional substances or chemicals 28,642
and establish threshold planning quantities, threshold 28,643
quantities, reportable quantities, and hazard categories therefor 28,644
in accordance with the criteria and procedures established in 28,645
rules adopted under division (B)(4) of this section and, after 28,646
compliance with those criteria and procedures, by the adoption of 28,647
rules in accordance with Chapter 119. of the Revised Code. The 28,648
commission shall not adopt rules under division (C)(5) of this 28,649
section modifying any threshold planning quantity established in 28,650
rules adopted under division (B)(1)(a) of this section, any 28,651
threshold quantity established in rules adopted under division 28,652
(B)(1)(b) of this section, or any reportable quantity established 28,654
in rules adopted under division (B)(1)(c) of this section. 28,655
If, after the commission has adopted rules under division 28,658
(C)(5) of this section identifying or listing an extremely 28,659
hazardous substance, hazardous chemical, or hazardous substance, 28,660
the administrator of the United States environmental protection 28,661
agency identifies or lists the substance or chemical as an 28,662
extremely hazardous substance or hazardous chemical under the 28,663
"Emergency Planning and Community Right-To-Know Act of 1986," 100 28,664
Stat. 1729, 42 U.S.C.A. 11001, or identifies or lists a substance 28,665
as a hazardous substance under the "Comprehensive Environmental 28,666
Response, Compensation, and Liability Act of 1980," 94 Stat. 28,667
2779, 42 U.S.C.A. 9602, as amended, the commission shall rescind 28,668
its rules adopted under division (C)(5) of this section 28,669
pertaining to the substance or chemical and adopt the appropriate 28,671
rules under division (B)(1)(a), (b), or (c) of this section. 28,672
(6) From time to time, request the director of 28,674
environmental protection and the executive director of the 28,676
emergency management agency to review implementation, 28,677
650
administration, and enforcement of the chemical emergency 28,678
response planning and reporting programs created by this chapter 28,679
and rules adopted under it regarding their effectiveness in 28,680
preparing for response to releases of extremely hazardous 28,681
substances, hazardous chemicals, and hazardous substances. After 28,682
completion of any such review, the director of environmental 28,683
protection and the director of public safety shall report their 28,685
findings to the commission. Upon receipt of their findings, the 28,687
commission may make such recommendations for legislative and 28,688
administrative action as the commission finds necessary or 28,689
appropriate to promote achievement of the purposes of this 28,690
chapter.
(D) Except as provided in section 3750.06 of the Revised 28,692
Code, nothing in this chapter applies to the transportation, 28,693
including the storage incident to transportation, of any 28,694
substance or chemical subject to the requirements of this 28,695
chapter, including the transportation and distribution of natural 28,696
gas. 28,697
(E) This chapter authorizes the state, through the 28,699
emergency response commission, the department of public safety, 28,701
and the environmental protection agency, to establish and 28,702
maintain chemical emergency response planning and preparedness, 28,703
community right-to-know, and hazardous substance and extremely 28,704
hazardous substance release reporting programs that are 28,705
consistent with and equivalent in scope, coverage, and content to 28,706
the "Emergency Planning and Community Right-To-Know Act of 1986," 28,707
100 Stat. 1729, 42 U.S.C.A. 11001, and regulations adopted under 28,709
it, except as otherwise specifically required or authorized in 28,710
this chapter. The commission, department, and agencies may do 28,712
all things necessary, incidental, or appropriate to implement, 28,713
administer, and enforce this chapter and to perform the duties 28,714
and exercise the powers of the state emergency response 28,715
commission under that act and regulations adopted under it and 28,716
under this chapter.
651
Sec. 3770.071. (A) If the amount of the prize money or 28,725
the cost of goods or services awarded as a lottery prize award is 28,726
six hundred dollars or more, the director of the state lottery 28,727
commission, or the director's designee, shall require the person 28,728
entitled to the prize award to affirm in writing, under oath, 28,729
whether or not the person is in default under a support order. 28,730
The director or the director's designee also may take any 28,731
additional appropriate steps to determine if the person entitled 28,732
to the prize award is in default under a support order. If the 28,733
person entitled to the prize award affirms that the person is in 28,734
default under a support order, or if the director or the 28,735
director's designee determines that the person is in default 28,736
under a support order, the director or the director's designee 28,737
shall temporarily withhold payment of the prize award and inform 28,738
the court that issued the support order that the person is 28,740
entitled to a prize award, of the amount of the prize award, and, 28,741
if the prize award is to be paid in annual installments, of the 28,742
number of installments. 28,743
After receipt of the notice from the director or the 28,745
director's designee, the court shall give the person notice of 28,747
the director's notice, schedule a hearing to determine if the 28,748
person is in default and the amount of the default, and give the 28,749
person notice of the date, time, and location of the hearing. If 28,750
the court at the hearing determines that the person is in 28,751
default, it shall issue an order to the director at lottery 28,752
commission headquarters requiring the director or the director's 28,753
designee to deduct from any unpaid prize award or any annual 28,754
installment payment of the prize award, a specified amount for 28,755
child support or spousal support in satisfaction of the support 28,756
order under which the person is in default. To the extent 28,757
possible, the amount specified to be deducted under the order 28,758
issued under this section shall satisfy the amount ordered for 28,759
support or spousal support in the support order under which the 28,760
person is in default. Within thirty days after the date on which 28,761
652
the court issues the order under this section to the director, 28,762
the director shall pay the amount specified in that order to the 28,763
division of child support in the department of human JOB AND 28,764
FAMILY services. If the prize award is to be paid in annual 28,765
installments, the director or the director's designee, on the 28,766
date the installment payment is due, shall pay the amount 28,767
specified in the court order issued under this section from that 28,768
installment and, if necessary, any subsequent annual 28,769
installments, at the time such installments become due and owing 28,770
to the prize winner, to the division of child support. 28,771
(B) As used in this section, "support order" and "default" 28,773
have the same meanings as in section 2301.34 of the Revised Code. 28,774
(C) No person shall knowingly make a false affirmation or 28,776
oath required by division (A) of this section. 28,777
Sec. 3781.06. (A)(1) Any building that may be used as a 28,788
place of resort, assembly, education, entertainment, lodging, 28,789
dwelling, trade, manufacture, repair, storage, traffic, or 28,790
occupancy by the public, and all other buildings or parts and 28,791
appurtenances thereof erected within this state, shall be so 28,792
constructed, erected, equipped, and maintained that they shall be 28,793
safe and sanitary for their intended use and occupancy, except 28,794
that sections 3781.06 to 3781.18 and 3791.04 of the Revised Code 28,795
shall be considered as model provisions with no force and effect 28,796
when applied to single-family, two-family, and three-family 28,797
dwelling houses, and accessory structures incidental to those 28,798
dwelling houses, that have not been constructed or erected as 28,799
industrialized one-family, two-family, or three-family units or 28,800
structures within the meaning of the term "industrialized unit" 28,801
as provided in division (C)(3) of this section, except where the 28,803
context specifies mandatory applicability. 28,804
(2) Nothing in sections 3781.06 to 3781.18 and 3791.04 of 28,806
the Revised Code shall be construed to limit the power of the 28,807
public health council to adopt rules of uniform application 28,808
governing manufactured home parks pursuant to section 3733.02 of 28,809
653
the Revised Code.
(B) Sections 3781.06 to 3781.18 and 3791.04 of the Revised 28,811
Code shall not apply to either of the following: 28,812
(1) Buildings or structures that are incident to the use 28,814
for agricultural purposes of the land on which such buildings or 28,815
structures are located, provided such buildings or structures are 28,816
not used in the business of retail trade. For purposes of this 28,817
division, a building or structure is not considered used in the 28,819
business of retail trade if fifty per cent or more of the gross
income received from sales of products in the building or 28,820
structure by the owner or operator is from sales of products 28,821
produced or raised in a normal crop year on farms owned or 28,822
operated by the seller. 28,823
(2) Existing single-family, two-family, and three-family 28,826
detached dwelling houses for which applications have been 28,827
submitted to the director of human JOB AND FAMILY services
pursuant to section 5104.03 of the Revised Code for the purposes 28,828
of operating type A family day-care homes as defined in section 28,829
5104.01 of the Revised Code.
(C) As used in sections 3781.06 to 3781.18 and 3791.04 of 28,831
the Revised Code:
(1) "Agricultural purposes" include agriculture, farming, 28,833
dairying, pasturage, apiculture, horticulture, floriculture, 28,834
viticulture, ornamental horticulture, olericulture, pomiculture, 28,835
and animal and poultry husbandry. 28,836
(2) "Building" means any structure consisting of 28,838
foundations, walls, columns, girders, beams, floors, and roof, or 28,839
a combination of any number of these parts, with or without other 28,840
parts or appurtenances. 28,841
(3) "Industrialized unit" means a building unit or 28,843
assembly of closed construction fabricated in an off-site 28,844
facility, that is substantially self-sufficient as a unit or as 28,845
part of a greater structure, and that requires transportation to 28,846
the site of intended use. "Industrialized unit" includes units 28,847
654
installed on the site as independent units, as part of a group of 28,849
units, or incorporated with standard construction methods to form 28,850
a completed structural entity. "Industrialized unit" does not 28,851
include a manufactured home as defined by division (C)(4) of this 28,852
section or a mobile home as defined by division (O) of section
4501.01 of the Revised Code. 28,853
(4) "Manufactured home" means a building unit or assembly 28,856
of closed construction that is fabricated in an off-site facility 28,857
and constructed in conformance with the federal construction and 28,858
safety standards established by the secretary of housing and 28,859
urban development pursuant to the "Manufactured Housing 28,860
Construction and Safety Standards Act of 1974," 88 Stat. 700, 42 28,861
U.S.C.A. 5401, 5403, and that has a permanent label or tag
affixed to it, as specified in 42 U.S.C.A. 5415, certifying 28,862
compliance with all applicable federal construction and safety 28,864
standards.
(5) "Permanent foundation" means permanent masonry, 28,867
concrete, or a locally approved footing or foundation, to which a 28,868
manufactured or mobile home may be affixed. 28,869
(6) "Permanently sited manufactured home" means a 28,872
manufactured home that meets all of the following criteria: 28,873
(a) The structure is affixed to a permanent foundation and 28,876
is connected to appropriate facilities;
(b) The structure, excluding any addition, has a width of 28,878
at least twenty-two feet at one point, a length of at least 28,880
twenty-two feet at one point, and a total living area, excluding 28,881
garages, porches, or attachments, of at least nine hundred square 28,882
feet;
(c) The structure has a minimum 3:12 residential roof 28,884
pitch, conventional residential siding, and a six-inch minimum 28,886
eave overhang, including appropriate guttering; 28,887
(d) The structure was manufactured after January 1, 1995; 28,890
(e) The structure is not located in a manufactured home 28,892
park as defined by section 3733.01 of the Revised Code. 28,893
655
(7) "Safe," with respect to a building, means it is free 28,896
from danger or hazard to the life, safety, health, or welfare of 28,897
persons occupying or frequenting it, or of the public and from 28,898
danger of settlement, movement, disintegration, or collapse, 28,899
whether such danger arises from the methods or materials of its 28,900
construction or from equipment installed therein, for the purpose 28,901
of lighting, heating, the transmission or utilization of electric 28,902
current, or from its location or otherwise. 28,903
(8) "Sanitary," with respect to a building, means it is 28,906
free from danger or hazard to the health of persons occupying or 28,907
frequenting it or to that of the public, if such danger arises 28,908
from the method or materials of its construction or from any 28,909
equipment installed therein, for the purpose of lighting, 28,910
heating, ventilating, or plumbing. 28,911
Sec. 3781.10. The board of building standards shall: 28,921
(A) Formulate and adopt rules governing the erection, 28,923
construction, repair, alteration, and maintenance of all 28,924
buildings or classes of buildings specified in section 3781.06 of 28,925
the Revised Code, including land area incidental thereto, the 28,926
construction of industrialized units, the installation of 28,927
equipment, and the standards or requirements for materials to be 28,928
used in connection therewith. The standards shall relate to the 28,929
conservation of energy in and to the safety and sanitation of 28,930
such buildings. The rules shall be the lawful minimum 28,931
requirements specified for such buildings or industrialized 28,932
units, except that no rule, except as provided in division (C) of 28,933
section 3781.108 of the Revised Code, which specifies a higher 28,934
requirement than is imposed by any section of the Revised Code 28,935
shall be enforceable; the rules shall be acceptable as complete 28,936
lawful alternatives to the requirements specified for such 28,937
buildings or industrialized units in any section of the Revised 28,938
Code; and the board shall on its own motion, or on application 28,939
made under sections 3781.12 and 3781.13 of the Revised Code, 28,940
formulate, propose, adopt, modify, amend, or repeal the rules to 28,941
656
the extent necessary or desirable to effectuate the purposes of 28,942
sections 3781.06 to 3781.18 of the Revised Code. 28,943
(B) Formulate and report to the general assembly such 28,945
amendments in existing statutes relating to the purposes declared 28,946
in section 3781.06 of the Revised Code as public health and 28,947
safety and the development of the arts require and such 28,948
additional legislation as it recommends with a view to carrying 28,949
out fully, in statutory form, the purposes declared in such 28,950
section; and prepare and submit to the general assembly a summary 28,951
report of the number, nature, and disposition of the petitions 28,952
filed under sections 3781.13 and 3781.14 of the Revised Code; 28,953
(C) Determine by rule, on its own motion or on application 28,955
made under sections 3781.12 and 3781.13 of the Revised Code, and 28,956
after thorough testing and evaluation that any particular 28,957
fixture, device, material, process of manufacture, manufactured 28,958
unit or component, method of manufacture, system, or method of 28,959
construction, complies with performance standards adopted 28,960
pursuant to section 3781.11 of the Revised Code, having regard to 28,961
its adaptability for safe and sanitary erection, use, or 28,962
construction, to that described in any section of the Revised 28,963
Code, wherever the use of a fixture, device, material, method of 28,964
manufacture, system, or method of construction which is described 28,965
in such section of the Revised Code, is permitted by law; and on 28,966
like application amend or annul any such rule or issue an 28,967
authorization for the use of a new material or manufactured unit; 28,968
and no department, officer, board, or commission of the state 28,969
other than the board of building standards or the board of 28,970
building appeals shall permit the use of any fixture, device, 28,971
material, method of manufacture, newly designed product, system, 28,972
or method of construction at variance with what is described in 28,973
any rule adopted or authorization issued by the board of building 28,974
standards or in any section of the Revised Code. Nothing in this 28,975
section shall be construed as requiring approval, by rule, of 28,976
plans for an industrialized unit that conforms with the rules 28,977
657
adopted by the board of building standards pursuant to section 28,978
3781.11 of the Revised Code. 28,979
(D) Recommend to the bureau of workers' compensation, the 28,981
director of commerce, or any other department, officer, board, or 28,983
commission of the state, and to legislative authorities and
building departments of counties, townships, and municipal 28,984
corporations, the making, amending, fixing, or ordaining by such 28,985
appropriate action as such state, county, township, or municipal 28,986
authorities may be empowered by law or the constitution to take, 28,987
of such rules, codes, or standards as shall tend to carry out the 28,988
purposes declared in section 3781.06 of the Revised Code, with a 28,989
view to securing uniformity of state administrative ruling; and 28,990
local legislation and administrative action; 28,991
(E) Certify municipal, township, and county building 28,993
departments to exercise enforcement authority, to accept and 28,994
approve plans and specifications, and to make inspections, 28,995
pursuant to sections 3781.03 and 3791.04 of the Revised Code. 28,996
The board also shall certify personnel of municipal, 28,998
township, and county building departments, and persons and 28,999
employees of persons, firms, or corporations as described in 29,000
divisions (E)(1) and (2) of this section, to exercise enforcement 29,001
authority, to accept and approve plans and specifications, and to 29,002
make inspections, pursuant to sections 3781.03 and 3791.04 of the 29,003
Revised Code. The board shall specify, in rules adopted pursuant 29,004
to Chapter 119. of the Revised Code, the requirements that shall 29,005
be satisfied for certification purposes, which requirements shall 29,006
be consistent with this division. Except as otherwise provided 29,007
in this division, the requirements shall include, but are not 29,008
limited to, the satisfactory completion of an initial examination 29,009
and, in order to remain certified, the completion of a specified 29,010
number of hours of continuing building code education within each 29,011
three-year period following the date of certification. In 29,012
adopting the requirements, the board shall not specify less than 29,013
thirty hours of continuing building code education within a 29,014
658
three-year period; shall provide that continuing education 29,016
credits, and certification issued, by the council of American 29,017
building officials, national model code organizations, and 29,018
agencies or entities recognized by the board, are acceptable for 29,019
purposes of this division; and shall specify requirements that 29,020
are compatible, to the extent possible, with requirements 29,021
established by the council of American building officials and 29,022
national model code organizations. The board shall establish and 29,023
collect a certification and renewal fee for building department 29,024
personnel, and persons and employees of persons, firms, or 29,025
corporations as described in divisions (E)(1) and (2) of this 29,026
section, certified pursuant to this division. 29,027
All individuals certified pursuant to this division shall 29,029
complete the number of hours of continuing building code 29,030
education that the board requires or, for failure to do so, 29,031
forfeit their certifications. 29,032
This division does not require or authorize the 29,034
certification by the board of personnel of municipal, township, 29,035
and county building departments, and persons and employees of 29,036
persons, firms, or corporations as described in divisions (E)(1) 29,037
and (2) of this section, whose responsibilities do not include 29,038
the exercise of enforcement authority, the approval of plans and 29,039
specifications, or the making of inspections, under the Ohio 29,040
building code. 29,041
(1) Enforcement authority for approval of plans and 29,043
specifications may be exercised, and plans and specifications may 29,044
be approved, on behalf of a municipal corporation, township, or 29,045
county, by any of the following who are certified by the board of 29,046
building standards: 29,047
(a) Officers or employees of the municipal corporation, 29,049
township, or county; 29,050
(b) Persons, or employees of persons, firms, or 29,052
corporations, when such persons, firms, or corporations are under 29,053
contract to furnish architectural or engineering services to the 29,054
659
municipal corporation, township, or county, and such authority is 29,055
exercised pursuant to such contract; 29,056
(c) Officers or employees of any other municipal 29,058
corporation, township, county, health district, or other 29,059
political subdivision, or persons or employees of persons, firms, 29,060
or corporations under contract with the same pursuant to division 29,061
(E)(1)(b) of this section, when such other municipal corporation, 29,062
township, county, health district, or other political subdivision 29,063
is under contract to furnish architectural or engineering 29,064
services to the municipal corporation, township, or county, and 29,065
such authority is exercised pursuant to such contract. 29,066
(2) Enforcement authority for inspections may be 29,068
exercised, and inspections may be made, on behalf of a municipal 29,069
corporation, township, or county, by any of the following who are 29,070
certified by the board of building standards: 29,071
(a) Officers or employees of the municipal corporation, 29,073
township, or county; 29,074
(b) Persons, or employees of persons, firms, or 29,076
corporations, when such persons, firms, or corporations are under 29,077
contract to furnish inspection services to the municipal 29,078
corporation, township, or county, and such authority is exercised 29,079
pursuant to such contract; 29,080
(c) Officers or employees of any other municipal 29,082
corporation, township, county, health district, or other 29,083
political subdivision under contract to furnish inspection 29,084
services to the municipal corporation, township, or county, when 29,085
such authority is exercised pursuant to such contract. 29,086
(3) Municipal, township, and county building departments 29,088
shall have jurisdiction within the meaning of sections 3781.03 29,089
and 3791.04 of the Revised Code, only with respect to the types 29,090
of buildings and subject matters as to which they have been 29,091
certified under this section and as to which such certification 29,092
remains in effect. 29,093
(4) Such certification shall be upon application by the 29,095
660
municipal corporation, the board of township trustees, or the 29,096
board of county commissioners and approval of such application by 29,097
the board of building standards. Such application shall set 29,098
forth: 29,099
(a) The types of building occupancies as to which the 29,101
certification is requested; 29,102
(b) The number and qualifications of the staff composing 29,104
the building department; 29,105
(c) The names, addresses, and qualifications of persons, 29,107
firms, or corporations contracting to furnish work or services 29,108
pursuant to divisions (E)(1)(b) and (2)(b) of this section; 29,109
(d) The names of other municipal corporations, townships, 29,111
counties, health districts, or other political subdivisions 29,112
contracting to furnish work or services pursuant to divisions 29,113
(E)(1)(c) and (2)(c) of this section; 29,114
(e) The proposed budget for the operation of such 29,116
department. 29,117
(5) The board of building standards shall adopt rules 29,119
governing: 29,120
(a) The certification of building department personnel and 29,122
of those persons and employees of persons, firms, or corporations 29,123
exercising authority pursuant to divisions (E)(1) and (2) of this 29,124
section. Any employee of the department or person who contracts 29,125
for services with the department is disqualified from performing 29,126
services for the department when the same would require the 29,127
employee or person to pass upon, inspect, or otherwise exercise 29,129
any authority given by the Ohio building code over any labor, 29,130
material, or equipment furnished by the employee or person for 29,131
the construction, alteration, or maintenance of a building or the 29,133
preparation of working drawings or specifications for work within 29,134
the jurisdictional area of the department. The department shall 29,135
provide other similarly qualified personnel to enforce the 29,136
requirements of the Ohio building code as it pertains to such 29,137
work.
661
(b) The minimum services to be provided by a certified 29,139
building department. 29,140
(6) Such certification may be revoked or suspended with 29,142
respect to any or all of the building occupancies to which it 29,143
relates on petition to the board of building standards by any 29,144
person affected by such enforcement or approval of plans, or by 29,145
the board on its own motion. Hearings shall be held and appeals 29,146
permitted on any such proceedings for certification or for 29,147
revocation or suspension of certification in the same manner as 29,148
provided in section 3781.101 of the Revised Code for other 29,149
proceedings of the board of building standards. 29,150
(7) Upon certification, and until such authority is 29,152
revoked, county and township building departments shall enforce 29,153
such rules over those occupancies listed in the application 29,154
without regard to limitation upon the authority of boards of 29,155
county commissioners under Chapter 307. of the Revised Code or 29,156
boards of township trustees under Chapter 505. of the Revised 29,157
Code. 29,158
(F) Conduct such hearings, in addition to those required 29,160
by sections 3781.06 to 3781.18 and 3791.04 of the Revised Code, 29,161
and make such investigations and tests, and require from other 29,162
state departments, officers, boards, and commissions such 29,163
information as the board considers necessary or desirable in 29,164
order to assist it in the discharge of any duty or in the 29,165
exercise of any power mentioned in this section or in sections 29,166
3781.06 to 3781.18 and 3791.04 of the Revised Code; 29,167
(G) Formulate rules and establish reasonable fees for the 29,169
review of all applications submitted where the applicant applies 29,170
for authority to use a new material, assembly, or product of a 29,171
manufacturing process. The fee established shall bear some 29,172
reasonable relationship to the cost of such review or testing of 29,173
the materials, assembly, or products submitted and notification 29,174
of approval or disapproval as provided in section 3781.12 of the 29,175
Revised Code. 29,176
662
(H) Compile and publish, in the form of a model code, 29,178
rules pertaining to one-family, two-family, and three-family 29,179
dwelling houses that any municipal corporation, township, or 29,181
county may incorporate into its building code;
(I) Cooperate with the director of human JOB AND FAMILY 29,183
services when the director promulgates rules pursuant to section 29,184
5104.05 of the Revised Code regarding safety and sanitation in 29,185
type A family day-care homes; 29,186
(J) Adopt rules to implement the requirements of section 29,188
3781.108 of the Revised Code. 29,189
Sec. 3793.051. The department of alcohol and drug 29,198
addiction services, in conjunction with the department of human 29,199
JOB AND FAMILY services, shall develop a joint state plan to 29,200
improve the accessibility and timeliness of alcohol and drug 29,201
addiction services for individuals identified by a public 29,202
children services agency as in need of those services. The plan
shall address the fact that Ohio works first participants may be 29,204
among the persons receiving services under section 340.15 of the 29,205
Revised Code and shall require the department of human JOB AND
FAMILY services to seek federal funds available under Title IV-A 29,206
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 29,207
301, as amended, for the provision of the services to Ohio works 29,208
first participants who are receiving services under section 29,209
340.15 of the Revised Code.
The plan shall address the need and manner for sharing 29,212
information and include a request for the general assembly to 29,213
appropriate an amount of funds specified in the report to be used 29,214
by the departments to pay for services under section 340.15 of 29,215
the Revised Code. The departments shall review and amend the 29,218
plan as necessary.
Not later than the first day of July of each even-numbered 29,221
year, the departments shall submit a report on the progress made 29,222
under the joint state plan to the governor, president of the 29,223
senate, and speaker of the house of representatives. The report 29,224
663
shall include information on treatment capacity, needs 29,225
assessments, and number of individuals who received services 29,226
pursuant to section 340.15 of the Revised Code. 29,227
Sec. 3793.07. (A) As used in this section: 29,237
(1) "Medicare program" means the program established under 29,239
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 29,240
U.S.C. 301, as amended; 29,241
(2) "Medicaid program" means the program established under 29,243
Title XIX of the "Social Security Act." 29,244
(B) Except as otherwise provided in this section, the 29,246
department of alcohol and drug addiction services shall accept 29,247
the certification or credentials of an individual who is a member 29,248
of the profession of alcoholism counseling, drug abuse 29,249
counseling, or chemical dependency counseling, or an individual 29,250
who is an alcoholism or drug abuse prevention consultant or 29,251
specialist only if the individual is certified by or holds 29,252
credentials from the Ohio credentialing board for chemical 29,254
dependency professionals.
(C) The department of alcohol and drug addiction services, 29,256
in cooperation with the department of human JOB AND FAMILY 29,257
services and the Ohio credentialing board for chemical dependency 29,258
professionals, shall prepare and submit to the federal agency 29,259
responsible for administration of the medicare and medicaid 29,260
programs a request that the agency accept for the purposes of 29,261
reimbursement under those programs the certifications made and 29,262
credentials issued by the Ohio credentialing board for chemical 29,263
dependency professionals. If the request is denied, the 29,264
department of alcohol and drug addiction services shall assist 29,265
the Ohio credentialing board for chemical dependency
professionals in any actions taken by the board to establish 29,267
standards that will be accepted by the federal agency and, in 29,268
cooperation with the department of human JOB AND FAMILY services,
shall submit additional requests to the federal agency for 29,269
approval of the board's standards. If the board changes its 29,270
664
standards in order to obtain the approval of the federal agency, 29,271
the changes shall apply only to certifications made and 29,272
credentials issued after the effective date of the change and 29,273
shall not affect the validity for the purposes of this section or 29,274
section 4757.41 of the Revised Code of certifications made or 29,275
credentials issued prior to that date. Nothing in this section 29,276
shall be construed as requiring such certification or credentials 29,277
for services that are not reimbursed by medicare or medicaid. 29,278
(D) If the director of alcohol and drug addiction finds 29,280
that the public interest is not being served by acceptance of 29,282
certifications and credentials issued by the Ohio credentialing 29,283
board for chemical dependency professionals, the director shall 29,284
make a written request to the council on alcohol and drug 29,285
addiction services for authority for the department to establish 29,286
a certification or credentialing program or accept certifications 29,287
or credentials from an entity designated by the department. 29,288
If it determines that there is substantial evidence to 29,290
support the director's finding, the council, by resolution, shall 29,291
authorize the department to establish a certification or 29,292
credentialing program or to accept certifications or credentials 29,293
from an entity designated by the department, or both. The 29,294
council shall issue copies of its resolution to the director and 29,295
to the Ohio credentialing board for chemical dependency 29,296
professionals.
On receipt of the resolution, the department shall, by 29,298
rule adopted pursuant to Chapter 119. of the Revised Code, 29,299
establish a certification or credentialing program or designate 29,300
an entity from which it will accept certifications or 29,301
credentials, or both. The rules are not subject to the council's 29,302
review. The rules shall include standards for certification or 29,304
issuance of credentials. The rules shall specify the date on 29,305
which the program established by the department is authorized to 29,306
certify or issue credentials to individuals or on which the 29,307
department will accept certification or credentials of the 29,308
665
designated entity.
Certifications made and credentials issued by the Ohio 29,310
credentialing board for chemical dependency professionals prior 29,311
to that date shall continue to be accepted by the department 29,312
after that date.
Sec. 3793.15. (A) The department of alcohol and drug 29,322
addiction services, in accordance with division (B) of this 29,323
section, shall give priority to developing, and promptly shall 29,324
develop, with available public and private resources a program 29,325
that does all of the following: 29,326
(1) Provides a manner of identifying the aggregate number 29,328
of pregnant women in this state who are addicted to a drug of 29,329
abuse; 29,330
(2) Provides for an effective means of intervention to 29,332
eliminate the addiction of pregnant women to drugs of abuse prior 29,333
to the birth of their children; 29,334
(3) Provides for the continued monitoring of women who 29,336
were addicted to a drug of abuse during their pregnancies, after 29,337
the birth of their children, and for the availability of 29,338
treatment and rehabilitation for those women; 29,339
(4) Provides a manner of determining the aggregate number 29,341
of children who are born in this state to women who are addicted, 29,342
at the time of birth, to a drug of abuse, and of children who are 29,343
born in this state with an addiction to or a dependency on a drug 29,344
of abuse; 29,345
(5) Provides for the continued monitoring of children who 29,347
are born in this state to women who are addicted, at the time of 29,348
birth, to a drug of abuse, or who are born in this state with an 29,349
addiction to or dependency on a drug of abuse, after their birth; 29,350
(6) Provides for the treatment and rehabilitation of any 29,352
child who is born to a woman who is addicted, at the time of 29,353
birth, to a drug of abuse, and of any child who is born with an 29,354
addiction to or dependency on a drug of abuse. 29,355
(B) In developing the program described in division (A) of 29,357
666
this section, the department may obtain information from the 29,358
department of health and the department of human JOB AND FAMILY 29,359
services, and those departments shall cooperate with the 29,360
department of alcohol and drug addiction services in its 29,361
development and implementation of the program. 29,362
(C) Immediately upon its development of the program 29,364
described in division (A) of this section, the department shall 29,365
implement the program. 29,366
(D) Any record or information that is obtained or 29,368
maintained by the department in connection with the program 29,369
described in division (A) of this section and could enable the 29,370
identification of any woman or child described in division (A)(1) 29,371
or (4) of this section is not a public record subject to 29,372
inspection or copying under section 149.43 of the Revised Code. 29,373
Sec. 3923.50. For the purposes of the Ohio long-term care 29,382
insurance program established under section 5111.18 of the 29,383
Revised Code, the department of insurance shall notify the 29,384
department of human JOB AND FAMILY services of all long-term care 29,385
insurance policies that meet all of the following requirements: 29,386
(A) Comply with sections 3923.41 to 3923.48 of the Revised 29,388
Code and the rules adopted under section 3923.47 of the Revised 29,389
Code; 29,390
(B) Provide benefits for home and community-based services 29,392
in addition to nursing home care; 29,393
(C) Include case management services in its coverage of 29,395
home and community-based services; 29,396
(D) Provide five per cent inflation protection compounded 29,398
annually; 29,399
(E) Provide for the keeping of records and 29,401
explanation-of-benefit reports on insurance payments that count 29,402
toward resource exclusion for the medical assistance program; 29,403
(F) Provide the information the director of human JOB AND 29,405
FAMILY services determines is necessary to document the extent of 29,406
resource exclusion and to evaluate the Ohio long-term care 29,407
667
insurance program; 29,408
(G) Comply with other requirements established in rules 29,410
adopted under this section. 29,411
The superintendent of insurance shall adopt rules in 29,413
accordance with Chapter 119. of the Revised Code establishing 29,414
requirements under division (G) of this section that policies 29,415
must meet to qualify under the Ohio long-term care insurance 29,416
program. The superintendent shall consult with the departments 29,417
of aging and human JOB AND FAMILY services in adopting those 29,418
rules.
Sec. 3924.42. No health insurer shall impose requirements 29,427
on the department of human JOB AND FAMILY services, when it has 29,428
been assigned the rights of an individual who is eligible for 29,429
medical assistance under Chapter 5111. of the Revised Code and
who is covered under a health care policy, contract, or plan 29,430
issued by the health insurer, that are different from the 29,431
requirements applicable to an agent or assignee of any other 29,432
individual so covered.
Sec. 3924.47. If a child has health care coverage through 29,441
a health insurer of a noncustodial parent, the health insurer 29,442
shall do all of the following:
(A) Provide such information to the custodial parent of 29,444
the child as may be necessary for the child to obtain benefits 29,445
through the coverage;
(B) Permit the custodial parent, or a provider with the 29,447
approval of the custodial parent, to submit claims for covered 29,448
services without the approval of the noncustodial parent; 29,449
(C) Make payment on claims submitted in accordance with 29,451
division (B) of this section directly to the custodial parent, 29,452
the provider, or the department of human JOB AND FAMILY services. 29,453
Sec. 3929.721. (A) The superintendent of insurance may 29,462
dissolve, in accordance with this section, the joint underwriting 29,463
association created under section 3929.72 of the Revised Code and 29,464
the board of governors of the association. 29,465
668
(B) The superintendent shall submit a proposed plan for 29,467
dissolution of the association and the board of governors to the 29,468
board for its approval. The plan, at a minimum, shall do all of 29,469
the following: 29,470
(1) Require that any remaining liability under any policy 29,472
issued by the association be reinsured with one or more insurers 29,473
authorized to assume such liability. The association shall pay 29,474
the premium for such reinsurance. 29,475
(2) Provide for the payment of any remaining expenses of 29,477
the association; 29,478
(3) Require that any remaining funds of the association, 29,480
excluding moneys in or in an account of the stabilization reserve 29,481
fund created by former section 3929.74 of the Revised Code, be 29,482
paid, by certified check, cashier's check, or wire transfer 29,483
payable to the treasurer of state, to the state treasury to the 29,484
credit of the general revenue fund for purposes of providing 29,485
moneys to support the general assembly's appropriation to the 29,486
department of human JOB AND FAMILY services for the state's share 29,487
of health care. The board shall take whatever action is 29,488
necessary to effect this payment of funds. 29,489
(4) Set forth the date of the dissolution of the board; 29,491
(5) Set forth any other conditions necessary for the 29,493
dissolution of the association. 29,494
(C) If the board of governors approves the plan for 29,496
dissolution submitted under division (B) of this section and if 29,497
the superintendent finds that the liabilities of the association 29,498
have been extinguished or reinsured and all other conditions set 29,499
forth in the plan have been met, the superintendent shall issue 29,500
an order dissolving the association and the board and setting 29,501
forth the date of the dissolution of each. 29,502
(D)(1) The following shall not incur or suffer any 29,504
liability whatsoever to any person by reason of actions taken in 29,505
order to comply with this section: 29,506
(a) The joint underwriting association; 29,508
669
(b) The board of governors of the joint underwriting 29,510
association or any member of the board; 29,511
(c) The agents or employees of the joint underwriting 29,513
association; 29,514
(d) The superintendent; 29,516
(e) Any other state officer responsible for the care and 29,518
custody of the funds of the joint underwriting association; 29,519
(f) The Ohio fair plan underwriting association, the board 29,521
of governors of the association, any member of the board, or any 29,522
of the association's members, officers, employees, or agents, 29,523
acting in accordance with the terms of any contract entered into 29,525
under division (A) of section 3929.482 of the Revised Code or any 29,527
contract entered into pursuant to the terms of the plan for
dissolution established under this section. 29,529
(2) Any action that, but for division (D)(1) of this 29,531
section, could have been brought against any association, board, 29,532
or person described in division (D)(1) of this section shall be 29,533
brought against the state of Ohio. 29,534
Sec. 4109.01. As used in this chapter: 29,543
(A) "Employ" means to permit or suffer to work. 29,545
(B) "Employer" means the state, its political 29,547
subdivisions, and every person who employs any individual. 29,548
(C) "Enforcement official" means the administrator 29,550
DIRECTOR of the bureau of employment services COMMERCE or his THE 29,552
DIRECTOR'S authorized representative, the superintendent of 29,553
public instruction or his THE SUPERINTENDENT'S authorized 29,556
representative, any school attendance officer, any probation
officer, the director of health or his THE DIRECTOR OF HEALTH'S 29,557
authorized representative, and any representative of a local 29,560
department of health.
(D) "Minor" means any person less than eighteen years of 29,562
age.
Sec. 4109.05. (A) The administrator DIRECTOR of the 29,571
bureau of employment services COMMERCE, after consultation with 29,573
670
the director of health, shall adopt rules, in accordance with 29,574
Chapter 119. of the Revised Code, prohibiting the employment of 29,575
minors in occupations which are hazardous or detrimental to the 29,576
health and well-being of minors.
In adopting the rules, the administrator DIRECTOR OF 29,578
COMMERCE shall consider the orders issued pursuant to the "Fair 29,580
Labor Standards Act of 1938," 52 Stat,. 1060, 29 U.S.C. 201, as 29,581
amended.
(B) No minor may be employed in any occupation found 29,583
hazardous or detrimental to the health and well-being of minors 29,584
under the rules adopted pursuant to division (A) of this section. 29,585
Sec. 4109.08. (A) No minor shall be employed unless the 29,594
employer keeps on the premises a complete list of all minors 29,595
employed by the employer at a particular establishment and a 29,596
printed abstract to be furnished by the bureau DIRECTOR of 29,597
employment services COMMERCE summarizing the provisions of this 29,599
chapter.
The list and abstract shall be posted in plain view in a 29,601
conspicuous place which is frequented by the largest number of 29,602
minor employees, and to which all minor employees have access. 29,603
(B) An enforcement official may require any employer, in 29,605
or about whose establishment an employee apparently under 29,606
eighteen years of age is employed and whose age and schooling 29,607
certificate is not filed as required by section 4109.02 of the 29,608
Revised Code, to furnish the enforcement official satisfactory 29,609
evidence that the employee is in fact eighteen years of age or 29,610
older. The enforcement official shall require from the employer, 29,611
unless an over-age certificate issued in accordance with section 29,612
3331.15 of the Revised Code is held by the employee, the same 29,613
evidence of age of the employee as is required by section 3331.02 29,614
of the Revised Code upon the issuance of an age and schooling 29,615
certificate. No employer shall fail to produce the evidence. 29,616
(C) Any employee apparently under eighteen years of age, 29,618
working in any occupation or establishment with respect to which 29,619
671
there are restrictions by rule or law governing the employment of 29,620
minors, with respect to whom the employer has not furnished 29,621
satisfactory evidence that the person is at or above the age 29,622
required for performance of employment with the employer after 29,623
being requested to do so, and who refuses to give to an 29,624
enforcement official his THE EMPLOYEE'S name, age, and place of 29,625
residence may be taken into custody and charged with being an 29,627
unruly child or other appropriate charge under Chapter 2151. of 29,628
the Revised Code.
(D) No person shall, with the intent to assist a minor to 29,630
procure employment, make a false statement to any employer or to 29,631
any person authorized to issue an age and schooling certificate. 29,632
Sec. 4109.11. Every employer shall keep a time book or 29,641
other written records which shall state the name, address, and 29,642
occupation of each minor employed, the number of hours worked by 29,643
such minor on each day of the week, the hours of beginning and 29,644
ending work, the hours of beginning and ending meal periods, and
the amount of wages paid each pay period to each minor. The 29,645
administrator DIRECTOR of the bureau of employment services 29,647
COMMERCE or his THE DIRECTOR'S authorized representative shall 29,649
have access to and the right to copy from the time book or 29,650
records. Records shall be kept for a period of two years. No 29,651
employer shall fail to keep such time book or records, or 29,652
knowingly make false statements therein, or refuse to make the
time book and records accessible, upon request, to the 29,653
administrator DIRECTOR or his THE DIRECTOR'S authorized 29,656
representative.
Sec. 4109.12. (A) No person shall continue to employ any 29,665
minor in violation of any law relating to the employment of 29,666
minors after being notified of the violation in writing by the 29,667
administrator DIRECTOR of the bureau of employment services 29,669
COMMERCE or other enforcement official.
Failure of the administrator DIRECTOR or other enforcement 29,671
official to give such notice does not excuse or negate a 29,673
672
conviction for any offense except a violation of this division. 29,674
(B) No employer shall employ, and no person having under 29,676
his THE PERSON'S control as parent, guardian, or custodian, any 29,678
minor, shall permit or suffer a minor to be employed in violation 29,679
of any law relating to the employment of minors for which a 29,680
penalty is not otherwise provided by law.
Sec. 4109.13. (A) The administrator DIRECTOR of the 29,689
bureau of employment services COMMERCE shall designate 29,690
enforcement officials to enforce this chapter. 29,691
(B) An enforcement official shall, upon discovery of a 29,693
violation of this chapter and after notice to the employer, make 29,694
a complaint against the offending employer in any court of 29,696
competent jurisdiction.
(C) Enforcement officials shall make complaint by filing a 29,698
complaint before a court having competent jurisdiction against 29,699
any person violating any law relating to the employment of 29,700
minors. This section shall not be construed to limit the right 29,701
of other persons to make such complaints. 29,702
(D) County courts, municipal courts, and juvenile courts 29,704
have jurisdiction to try offenses under this chapter and section 29,705
3321.38 of the Revised Code. 29,706
(E) No person or enforcement official instituting 29,708
proceedings under this section shall be required to file or give 29,709
security for the costs. If a defendant is acquitted, the judge, 29,710
police judge, or juvenile judge before whom the case is brought 29,711
shall certify the costs to the county auditor, who shall examine 29,712
the amount and, if necessary, correct it; and shall issue his A 29,713
warrant on the county treasurer in favor of the persons to whom 29,714
costs are due. 29,715
(F) Fines collected for violations of this chapter and 29,717
section 3321.38 of the Revised Code shall be paid into the funds 29,718
of the school district in which the offense was committed. 29,719
Sec. 4109.21. (A) No employer shall employ any minor who 29,728
is under sixteen years of age in any door-to-door sales activity 29,729
673
unless that employer is registered pursuant to this section and 29,730
otherwise is in compliance with the requirements of this chapter. 29,731
(B) To obtain registration as a door-to-door employer, an 29,733
employer shall apply to the administrator DIRECTOR of the bureau 29,735
of employment services COMMERCE, on forms provided by the 29,737
administrator DIRECTOR. The application form shall include all 29,738
of the following:
(1) The name, principal business address, and telephone 29,740
number of the applicant. If the applicant is a partnership or 29,741
association, the names of all the members also shall be stated 29,742
and, if the applicant is a corporation, the names of its 29,743
president and each of its officers also shall be stated. 29,744
(2) A certification that the applicant and its employees: 29,746
(a) Are in compliance with and will comply with all 29,748
applicable Ohio and federal laws and regulations relating to the 29,749
employment of minors; 29,750
(b) Will provide at least one supervisor who is over the 29,752
age of eighteen, for each six minor employees, WHO is at all 29,753
times available and responsible for assuring the minor's 29,754
well-being, and who remains in the general area and in visual 29,755
contact with each minor employed in door-to-door sales activities 29,756
at least once every twenty minutes; 29,757
(c) Will require all minors to work at least in pairs with 29,759
others who are engaged in substantially the same activity, 29,760
employing insofar as possible canvassing techniques that keep the 29,761
persons working in pairs in close proximity and view of each 29,762
other; 29,763
(d) Are in compliance with Ohio's motor vehicle financial 29,765
responsibility, workers' compensation, unemployment compensation, 29,766
and all other applicable laws; and 29,767
(e) Will not employ any minor who does not have an 29,769
appropriate age and schooling certificate if that minor is 29,770
required by Ohio law to have the certificate to be employed. 29,771
(3) A certification, as evidenced by a current official 29,773
674
inspection sticker issued by the Ohio state highway patrol, that 29,774
each motor vehicle used by the applicant and the applicant's 29,775
employees for the purpose of transport of minors for door-to-door 29,776
sales activities complies with all applicable motor vehicle 29,777
safety laws; 29,778
(4) A certification that any person who transports by 29,780
motor vehicle minors for purposes of door-to-door sales 29,781
activities possesses a valid and properly issued Ohio motor 29,782
vehicle driver's license, which license is not under suspension. 29,783
(C)(1) The administrator DIRECTOR shall issue a 29,785
registration to each applicant who satisfactorily submits an 29,787
application pursuant to this section and otherwise meets all of 29,788
the requirements of this section. If the administrator DIRECTOR 29,789
fails to issue or deny a registration or its renewal within 29,791
fifteen days of submission of the application or renewal, the 29,792
applicant is deemed registered under this section. Each 29,793
registration expires one year after its issuance. To obtain a 29,794
renewal of registration, the holder of the registration shall 29,795
apply for renewal to the administrator DIRECTOR according to the 29,797
procedures of division (B) of this section for the initial
issuance of the registration. 29,798
(2) Each employer issued a registration pursuant to this 29,800
section shall provide each minor employee who is engaged in 29,801
door-to-door sales, prior to beginning employment with the 29,802
employer, an identification card in a form prescribed by the 29,803
administrator DIRECTOR. The card shall include, at a minimum, a 29,804
picture of the minor employee, the minor employee's name, the 29,806
name and address of the employer, a statement that the employer 29,807
is registered with the bureau DIRECTOR of employment services 29,809
COMMERCE, and the employer's registration number. 29,810
(D) The administrator DIRECTOR, pursuant to a hearing 29,812
conducted in accordance with Chapter 119. of the Revised Code, 29,813
may refuse to issue or renew a door-to-door sales registration or 29,815
revoke a door-to-door sales registration if the administrator 29,816
675
DIRECTOR determines that the applicant, registrant, any member of 29,818
an applicant's or registrant's partnership or association, or any 29,819
officer or employee of an applicant or registrant has done any of 29,820
the following:
(1) Obtained or attempted to obtain his A registration by 29,822
fraud or misrepresentation; 29,823
(2) Been guilty of gross misconduct in the pursuit of his 29,825
THE DOOR-TO-DOOR SALES profession; 29,827
(3) Violated or is threatening to violate any provision of 29,829
this or any other state or federal law or regulation which 29,830
regulates the employment of minors. 29,831
(E) No employer whose registration has been revoked under 29,833
this section may apply for registration for two years from the 29,834
date of the revocation. The administrator DIRECTOR may require 29,835
such employer upon application for a registration to meet 29,838
conditions in addition to those provided in this section for 29,839
registration and renewal as the administrator DIRECTOR determines 29,840
necessary to safeguard the interests of minors to be employed by 29,843
the employer.
(F) No employer may employ: 29,845
(1) Any minor who is under sixteen years of age in any 29,847
door-to-door sales activity before seven a.m. or after seven p.m. 29,848
or during school hours except where specifically permitted by 29,849
this chapter; 29,850
(2) Any minor who is sixteen or seventeen years of age in 29,852
any door-to-door sales activity before seven a.m. or after eight 29,853
p.m. or during school hours except where specifically permitted 29,854
by this chapter. 29,855
(G) As used in this section, "door-to-door sales activity" 29,857
means any activity involving selling or offering to sell any 29,858
candy, cookies, flowers, newspapers, magazines, newspaper or 29,859
magazine subscriptions, household cleaning products, or any other 29,860
merchandise or commodity at a place of business other than the 29,861
employer's place of business but does not mean any such activity 29,862
676
conducted in connection with a bona fide educational, charitable, 29,863
or religious activity or for a newspaper subscription drive 29,864
provided that the minor also is engaged in the delivery of 29,865
newspapers to the consumer for the newspaper in which the 29,866
subscription drive is conducted and further provided that the 29,867
subscription drive is supervised by an individual who is eighteen 29,868
years of age or older and an employee of the newspaper's 29,869
subscription drive. 29,870
Sec. 4111.01. As used in sections 4111.01 to 4111.17 of 29,879
the Revised Code: 29,880
(A) "Wage" means compensation due to an employee by reason 29,882
of employment, payable in legal tender of the United States or 29,884
checks on banks convertible into cash on demand at full face
value, subject to the deductions, charges, or allowances 29,885
permitted by rules of the administrator DIRECTOR of the bureau of 29,887
employment services COMMERCE under section 4111.05 of the Revised 29,888
Code. "Wage" includes an employee's commissions of which the 29,889
employee's employer keeps a record, but does not include 29,890
gratuities, except as provided by rules issued under section 29,891
4111.05 of the Revised Code.
"Wage" also includes the reasonable cost to the employer of 29,893
furnishing to an employee board, lodging, or other facilities, if 29,894
the board, lodging, or other facilities are customarily furnished 29,895
by the employer to the employer's employees. The cost of board, 29,897
lodging, or other facilities shall not be included as part of
wage to the extent excluded therefrom under the terms of a bona 29,898
fide collective bargaining agreement applicable to the employee. 29,899
(B) "Employ" means to suffer or to permit to work. 29,901
(C) "Employer" means the state of Ohio, its 29,903
instrumentalities, and its political subdivisions and their 29,904
instrumentalities, any individual, partnership, association, 29,905
corporation, business trust, or any person or group of persons, 29,906
acting in the interest of an employer in relation to an employee, 29,907
but does not include an employer whose annual gross volume of 29,908
677
sales made for business done is less than one hundred fifty 29,909
thousand dollars, exclusive of excise taxes at the retail level 29,910
which are separately stated. 29,911
(D) "Employee" means any individual employed by an 29,913
employer but does not include: 29,914
(1) Any individual employed by the United States; 29,916
(2) Any individual employed as a baby-sitter in the 29,918
employer's home, or a live-in companion to a sick, convalescing, 29,919
or elderly person whose principal duties do not include 29,920
housekeeping; 29,921
(3) Any individual engaged in the delivery of newspapers 29,923
to the consumer; 29,924
(4) Any individual employed as an outside salesperson 29,926
compensated by commissions or in a bona fide executive, 29,927
administrative, or professional capacity as such terms are 29,928
defined by the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29,929
29 U.S.C.A. 201, as amended; 29,930
(5) Any employee employed in agriculture if the employee 29,932
is employed by an employer who did not, during any calendar 29,933
quarter during the preceding calendar year, use more than five 29,934
hundred worker-days of agricultural labor, or if the employee is 29,936
the parent, spouse, child, or other member of the employer's 29,937
immediate family;
(6) Any individual who works or provides personal services 29,939
of a charitable nature in a hospital or health institution for 29,940
which compensation is not sought or contemplated; 29,941
(7) A member of a police or fire protection agency or 29,943
student employed on a part-time or seasonal basis by a political 29,944
subdivision of this state; 29,945
(8) Any individual in the employ of a camp or recreational 29,947
area for children under eighteen years of age and owned and 29,948
operated by a nonprofit organization or group of organizations 29,949
described in Section 501 (c)(3) of the "Internal Revenue Code of 29,950
1954," and exempt from income tax under Section 501 (a) of that 29,951
678
code; 29,952
(9) Any individual employed directly by the house of 29,954
representatives or directly by the senate. 29,955
(E) "Occupation" means any occupation, service, trade, 29,957
business, industry, or branch or group of industries or 29,958
employment or class of employment in which individuals are 29,959
employed. 29,960
Sec. 4111.03. (A) An employer shall pay an employee for 29,969
overtime at a wage rate of one and one-half times the employee's 29,970
wage rate for hours worked in excess of forty hours in one 29,971
workweek, in the manner and methods provided in and subject to 29,973
the exemptions of section 7 and section 13 of the "Fair Labor 29,974
Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as
amended. 29,975
Any employee employed in agriculture shall not be covered 29,977
by the overtime provision of this section. 29,978
(B) For the purposes of this section, the number of hours 29,980
worked by a county employee in any one workweek shall be deemed 29,981
to include, in addition to hours actually worked, all periods in 29,982
an active pay status. 29,983
(C) If a county employee elects to take compensatory time 29,985
off in lieu of overtime pay, for any overtime worked, such 29,986
compensatory time may be granted by his THE EMPLOYEE'S 29,987
administrative superior, on a time and one-half basis, at a time 29,989
mutually convenient to the employee and the administrative 29,990
superior within one hundred eighty days after the overtime is 29,991
worked.
(D) A county appointing authority with the exception of 29,993
the county department of human JOB AND FAMILY services may, by 29,994
rule or resolution as is appropriate, indicate the authority's 29,996
intention not to be bound by division (B) or (C) of this section, 29,997
and to adopt a different policy for the calculation and payment 29,998
of overtime that is embodied in those divisions. Upon adoption, 29,999
the alternative policy prevails. Prior to the adoption of an 30,000
679
alternative overtime policy, the county appointing authority with 30,001
the exception of the county department of human JOB AND FAMILY 30,002
services shall give a written notice of the alternative policy to 30,004
each employee at least ten days prior to the effective date of 30,005
the policy.
Sec. 4111.04. The administrator DIRECTOR of the bureau of 30,014
employment services COMMERCE may: 30,015
(A) Investigate and ascertain the wages of persons 30,017
employed in any occupation in the state; 30,018
(B) Enter and inspect the place of business or employment 30,020
of any employer for the purpose of inspecting any books, 30,021
registers, payrolls, or other records of the employer that in any 30,022
way relate to the question of wages, hours, and other conditions 30,023
of employment of any employees, and may question the employees
for the purpose of ascertaining whether sections 4111.01 to 30,024
4111.17 of the Revised Code, and the rules adopted thereunder, 30,025
have been and are being obeyed. In conducting his AN inspection 30,026
of the records of an employer, the administrator DIRECTOR shall 30,027
make every effort to coordinate his THE inspection with those 30,030
conducted by the federal agency responsible for enforcement of
the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29 30,031
U.S.C.A. 201, as amended. If the federal agency has completed an 30,032
audit or examination of the employer's records within the sixty 30,033
days prior to the date the administrator DIRECTOR notifies the 30,035
employer of his THE DIRECTOR'S intent to examine the employer's 30,036
records, the administrator DIRECTOR shall accept in lieu of his 30,037
THE DIRECTOR'S own inspection, a report from the federal agency 30,040
that the employer is in compliance with the federal act, unless
the administrator DIRECTOR has reasonable grounds for believing 30,041
that the report is inaccurate or incomplete for the purposes of 30,043
sections 4111.01 to 4111.13 of the Revised Code, or that events 30,044
occurring since the audit give the administrator DIRECTOR 30,045
reasonable grounds for believing that a violation of sections 30,046
4111.01 to 4111.13 of the Revised Code has occurred. 30,047
680
(C) In the event he THE DIRECTOR is prohibited by any 30,049
employer from carrying out the intent of this section, he THE 30,051
DIRECTOR may apply to any court of common pleas having 30,052
jurisdiction of that employer or the place of employment under 30,053
investigation, for an order directing compliance with this 30,054
section. Failure of the employer to obey the order of the court 30,055
may be punished by said court as a contempt thereof. 30,056
Sec. 4111.05. The administrator DIRECTOR of the bureau of 30,065
employment services COMMERCE shall adopt rules in accordance with 30,067
Chapter 119. of the Revised Code as he THE DIRECTOR considers 30,068
appropriate to carry out the purposes of sections 4111.01 to 30,069
4111.17 of the Revised Code. The rules may be amended from time 30,070
to time and may include, but are not limited to, rules defining 30,071
and governing apprentices, their number, proportion, and length 30,072
of service; bonuses and special pay for special or extra work; 30,073
permitted deductions or charges to employees for board, lodging, 30,074
apparel, or other facilities or services customarily furnished by 30,075
employers to employees; inclusion of ascertainable gratuities in 30,076
wages paid; allowances for unascertainable gratuities or for 30,077
other special conditions or circumstances which may be usual in 30,078
particular employer-employee relationships; and the method of 30,079
computation or the period of time over which wages may be 30,080
averaged to determine whether the minimum wage or overtime rate 30,081
has been paid.
Sec. 4111.06. In order to prevent curtailment of 30,090
opportunities for employment, to avoid undue hardship, and to 30,091
safeguard the minimum wage rates under sections 4111.01 to 30,092
4111.17 of the Revised Code, the administrator DIRECTOR of the 30,093
bureau of employment services COMMERCE shall adopt rules under 30,095
section 4111.05 of the Revised Code, permitting employment in any 30,096
occupation at wages lower than the wage rates applicable under 30,097
sections 4111.01 to 4111.17 of the Revised Code, of individuals 30,098
whose earning capacity is impaired by physical or mental
deficiencies or injuries. The rules shall provide for licenses 30,099
681
to be issued authorizing employment at the wages of specific 30,100
individuals or groups of employees, or by specific employers or 30,101
groups of employers, pursuant to the rules. The rules shall not 30,102
conflict with the "Americans with Disabilities Act of 1990," 104 30,103
Stat. 328, 42 U.S.C.A. 12111, et seq.
Sec. 4111.07. The administrator DIRECTOR of the bureau of 30,112
employment services COMMERCE may adopt rules under section 30,114
4111.05 of the Revised Code, permitting employment of apprentices 30,115
at a wage rate not less than eighty-five per cent of the minimum 30,116
wage rate applicable under sections 4111.01 to 4111.17 of the
Revised Code. The rules shall provide for licenses to be issued 30,117
for periods not to exceed ninety days and authorizing employment 30,118
at the wages of specific individuals or groups or OF employees, 30,119
or by specific employers or groups of employers, pursuant to the 30,121
rules.
Sec. 4111.08. Every employer subject to sections 4111.01 30,130
to 4111.17 of the Revised Code, or to any rule adopted 30,131
thereunder, shall make and keep for a period of not less than 30,132
three years a record of the name, address, and occupation of each 30,133
of his THE EMPLOYER'S employees, the rate of pay and the amount 30,134
paid each pay period to each employee, the hours worked each day 30,135
and each work week by the employee, and other information as the 30,136
administrator DIRECTOR of the bureau of employment services 30,138
COMMERCE prescribes by rule as necessary or appropriate for the 30,139
enforcement of sections 4111.01 to 4111.17 of the Revised Code, 30,140
or of the rules thereunder. Records may be opened for inspection 30,141
or copying by the administrator DIRECTOR at any reasonable time. 30,142
Sec. 4111.09. Every employer subject to sections 4111.01 30,151
to 4111.17 of the Revised Code, or to any rules issued 30,152
thereunder, shall keep a summary of the sections, approved by the 30,153
administrator DIRECTOR of the bureau of employment services 30,154
COMMERCE, and copies of any applicable rules issued thereunder, 30,155
or a summary of the rules, posted in a conspicuous and accessible 30,156
place in or about the premises wherein any person subject thereto 30,157
682
is employed. Employees shall be furnished copies of the 30,158
summaries and rules by the state, on request, without charge.
Sec. 4111.10. (A) Any employer who pays any employee less 30,167
than wages to which the employee is entitled under sections 30,168
4111.01 to 4111.17 of the Revised Code, is liable to the employee 30,169
affected for the full amount of the wage rate, less any amount 30,170
actually paid to the employee by the employer, and for costs and 30,171
reasonable attorney's fees as may be allowed by the court. Any
agreement between the employee and the employer to work for less 30,172
than the wage rate is no defense to an action. 30,173
(B) At the written request of any employee paid less than 30,175
the wages to which he THE EMPLOYEE is entitled under sections 30,176
4111.01 to 4111.17 of the Revised Code, the administrator 30,177
DIRECTOR of the bureau of employment services COMMERCE may take 30,179
an assignment of a wage claim in trust for the assigning employee
and may bring any legal action necessary to collect the claim. 30,181
The employer shall pay the costs and reasonable attorney's fees 30,182
allowed by the court.
Sec. 4111.13. (A) No employer shall hinder or delay the 30,191
administrator DIRECTOR of the bureau of employment services 30,193
COMMERCE in the performance of his THE DIRECTOR'S duties in the 30,195
enforcement of sections 4111.01 to 4111.17 of the Revised Code, 30,196
or refuse to admit the administrator DIRECTOR to any place of 30,197
employment, or fail to make, keep, and preserve any records as 30,199
required under those sections, or falsify any of those records, 30,200
or refuse to make them accessible to the administrator DIRECTOR 30,201
upon demand, or refuse to furnish them or any other information 30,202
required for the proper enforcement of those sections to the 30,204
administrator DIRECTOR upon demand, or fail to post a summary of 30,206
those sections or a copy of any applicable rules as required by 30,207
section 4111.09 of the Revised Code. Each day of violation
constitutes a separate offense. 30,208
(B) No employer shall discharge or in any other manner 30,210
discriminate against any employee because the employee has made 30,211
683
any complaint to his THE EMPLOYEE'S employer, or to the 30,213
administrator DIRECTOR, that he THE EMPLOYEE has not been paid 30,214
wages in accordance with sections 4111.01 to 4111.17 of the 30,216
Revised Code, or because the employee has made any complaint or 30,217
is about to cause to be instituted any proceeding under or 30,218
related to those sections, or because the employee has testified
or is about to testify in any proceeding. 30,219
(C) No employer shall pay or agree to pay wages at a rate 30,221
less than the rate applicable under sections 4111.01 to 4111.17 30,222
of the Revised Code. Each week or portion thereof for which the 30,223
employer pays any employee less than the rate applicable under 30,224
those sections constitutes a separate offense as to each
employer. 30,225
(D) No employer shall otherwise violate sections 4111.01 30,227
to 4111.17 of the Revised Code, or any rule adopted thereunder. 30,228
Each day of violation constitutes a separate offense. 30,229
Sec. 4111.17. (A) No employer, including the state and 30,238
political subdivisions thereof, shall discriminate in the payment 30,239
of wages on the basis of race, color, religion, sex, age, 30,240
national origin, or ancestry by paying wages to any employee at a 30,241
rate less than the rate at which he THE EMPLOYER pays wages to 30,242
another employee for equal work on jobs the performance of which 30,243
requires equal skill, effort, and responsibility, and which are 30,244
performed under similar conditions. 30,245
(B) Nothing in this section prohibits an employer from 30,247
paying wages to one employee at a rate different from that at 30,248
which he THE EMPLOYER pays another employee for the performance 30,249
of equal work under similar conditions on jobs requiring equal 30,251
skill, effort, and responsibility, when the payment is made 30,252
pursuant to any of the following: 30,253
(1) A seniority system; 30,255
(2) A merit system; 30,257
(3) A system which measures earnings by the quantity or 30,259
quality of production; 30,260
684
(4) A wage rate differential determined by any factor 30,262
other than race, color, religion, sex, age, national origin, or 30,263
ancestry. 30,264
(C) No employer shall reduce the wage rate of any employee 30,266
in order to comply with this section. 30,267
(D) The administrator DIRECTOR of the bureau of employment 30,270
services COMMERCE shall carry out, administer, and enforce this 30,272
section. Any employee discriminated against in violation of this 30,273
section may sue in any court of competent jurisdiction to recover 30,274
two times the amount of the difference between the wages actually 30,275
received and the wages received by a person performing equal work 30,276
for the employer, from the date of the commencement of the 30,277
violation, and for costs, including attorney fees. The 30,278
administrator DIRECTOR may take an assignment of any such wage 30,280
claim in trust for such employee and sue in his or her THE 30,281
EMPLOYEE'S behalf. In any civil action under this section, two 30,282
or more employees of the same employer may join as co-plaintiffs
in one action. The administrator DIRECTOR may sue in one action 30,283
for claims assigned to him THE DIRECTOR by two or more employees 30,285
of the same employer. No agreement to work for a discriminatory 30,286
wage constitutes a defense for any civil or criminal action to 30,288
enforce this section. No employer shall discriminate against any 30,289
employee because such employee makes a complaint or institutes, 30,290
or testifies in, any proceeding under this section. 30,291
(E) Any action arising under this section shall be 30,293
initiated within one year after the date of violation. 30,294
Sec. 4112.02. It shall be an unlawful discriminatory 30,303
practice:
(A) For any employer, because of the race, color, 30,305
religion, sex, national origin, handicap, age, or ancestry of any 30,306
person, to discharge without just cause, to refuse to hire, or 30,307
otherwise to discriminate against that person with respect to 30,308
hire, tenure, terms, conditions, or privileges of employment, or 30,309
any matter directly or indirectly related to employment. 30,310
685
(B) For an employment agency or personnel placement 30,312
service, because of race, color, religion, sex, national origin, 30,313
handicap, age, or ancestry, to do any of the following: 30,314
(1) Refuse or fail to accept, register, classify properly, 30,316
or refer for employment, or otherwise discriminate against any 30,317
person; 30,318
(2) Comply with a request from an employer for referral of 30,320
applicants for employment if the request directly or indirectly 30,321
indicates that the employer fails to comply with the provisions 30,322
of sections 4112.01 to 4112.07 of the Revised Code. 30,323
(C) For any labor organization to do any of the following: 30,325
(1) Limit or classify its membership on the basis of race, 30,327
color, religion, sex, national origin, handicap, age, or 30,328
ancestry; 30,329
(2) Discriminate against, limit the employment 30,331
opportunities of, or otherwise adversely affect the employment 30,332
status, wages, hours, or employment conditions of any person as 30,333
an employee because of race, color, religion, sex, national 30,334
origin, handicap, age, or ancestry. 30,335
(D) For any employer, labor organization, or joint 30,337
labor-management committee controlling apprentice training 30,338
programs to discriminate against any person because of race, 30,339
color, religion, sex, national origin, handicap, or ancestry in 30,340
admission to, or employment in, any program established to 30,341
provide apprentice training. 30,342
(E) Except where based on a bona fide occupational 30,344
qualification certified in advance by the commission, for any 30,345
employer, employment agency, personnel placement service, or 30,346
labor organization, prior to employment or admission to 30,347
membership, to do any of the following: 30,348
(1) Elicit or attempt to elicit any information concerning 30,350
the race, color, religion, sex, national origin, handicap, age, 30,351
or ancestry of an applicant for employment or membership; 30,352
(2) Make or keep a record of the race, color, religion, 30,354
686
sex, national origin, handicap, age, or ancestry of any applicant 30,355
for employment or membership; 30,356
(3) Use any form of application for employment, or 30,358
personnel or membership blank, seeking to elicit information 30,359
regarding race, color, religion, sex, national origin, handicap, 30,360
age, or ancestry; but an employer holding a contract containing a 30,361
nondiscrimination clause with the government of the United 30,362
States, or any department or agency of that government, may 30,363
require an employee or applicant for employment to furnish 30,364
documentary proof of United States citizenship and may retain 30,365
that proof in the employer's personnel records and may use 30,366
photographic or fingerprint identification for security purposes; 30,367
(4) Print or publish or cause to be printed or published 30,369
any notice or advertisement relating to employment or membership 30,370
indicating any preference, limitation, specification, or 30,371
discrimination, based upon race, color, religion, sex, national 30,372
origin, handicap, age, or ancestry; 30,373
(5) Announce or follow a policy of denying or limiting, 30,375
through a quota system or otherwise, employment or membership 30,376
opportunities of any group because of the race, color, religion, 30,377
sex, national origin, handicap, age, or ancestry of that group; 30,378
(6) Utilize in the recruitment or hiring of persons any 30,380
employment agency, personnel placement service, training school 30,381
or center, labor organization, or any other employee-referring 30,382
source known to discriminate against persons because of their 30,383
race, color, religion, sex, national origin, handicap, age, or 30,384
ancestry. 30,385
(F) For any person seeking employment to publish or cause 30,387
to be published any advertisement that specifies or in any manner 30,388
indicates that person's race, color, religion, sex, national 30,389
origin, handicap, age, or ancestry, or expresses a limitation or 30,390
preference as to the race, color, religion, sex, national origin, 30,391
handicap, age, or ancestry of any prospective employer. 30,392
(G) For any proprietor or any employee, keeper, or manager 30,394
687
of a place of public accommodation to deny to any person, except 30,395
for reasons applicable alike to all persons regardless of race, 30,396
color, religion, sex, national origin, handicap, age, or 30,397
ancestry, the full enjoyment of the accommodations, advantages, 30,398
facilities, or privileges of the place of public accommodation. 30,399
(H) For any person to do any of the following: 30,401
(1) Refuse to sell, transfer, assign, rent, lease, 30,403
sublease, or finance housing accommodations, refuse to negotiate 30,404
for the sale or rental of housing accommodations, or otherwise 30,405
deny or make unavailable housing accommodations because of race, 30,406
color, religion, sex, familial status, ancestry, handicap, or 30,407
national origin; 30,408
(2) Represent to any person that housing accommodations 30,410
are not available for inspection, sale, or rental, when in fact 30,411
they are available, because of race, color, religion, sex, 30,412
familial status, ancestry, handicap, or national origin; 30,413
(3) Discriminate against any person in the making or 30,415
purchasing of loans or the provision of other financial 30,416
assistance for the acquisition, construction, rehabilitation, 30,417
repair, or maintenance of housing accommodations, or any person 30,418
in the making or purchasing of loans or the provision of other 30,419
financial assistance that is secured by residential real estate, 30,420
because of race, color, religion, sex, familial status, ancestry, 30,421
handicap, or national origin or because of the racial composition 30,422
of the neighborhood in which the housing accommodations are 30,423
located, provided that the person, whether an individual, 30,424
corporation, or association of any type, lends money as one of 30,425
the principal aspects or incident to the person's principal 30,426
business and not only as a part of the purchase price of an 30,427
owner-occupied residence the person is selling nor merely 30,428
casually or occasionally to a relative or friend; 30,429
(4) Discriminate against any person in the terms or 30,431
conditions of selling, transferring, assigning, renting, leasing, 30,432
or subleasing any housing accommodations or in furnishing 30,433
688
facilities, services, or privileges in connection with the 30,434
ownership, occupancy, or use of any housing accommodations, 30,435
including the sale of fire, extended coverage, or homeowners 30,436
insurance, because of race, color, religion, sex, familial 30,437
status, ancestry, handicap, or national origin or because of the 30,438
racial composition of the neighborhood in which the housing 30,439
accommodations are located; 30,440
(5) Discriminate against any person in the terms or 30,442
conditions of any loan of money, whether or not secured by 30,443
mortgage or otherwise, for the acquisition, construction, 30,444
rehabilitation, repair, or maintenance of housing accommodations 30,445
because of race, color, religion, sex, familial status, ancestry, 30,446
handicap, or national origin or because of the racial composition 30,447
of the neighborhood in which the housing accommodations are 30,448
located; 30,449
(6) Refuse to consider without prejudice the combined 30,451
income of both husband and wife for the purpose of extending 30,452
mortgage credit to a married couple or either member of a married 30,453
couple; 30,454
(7) Print, publish, or circulate any statement or 30,456
advertisement, or make or cause to be made any statement or 30,457
advertisement, relating to the sale, transfer, assignment, 30,458
rental, lease, sublease, or acquisition of any housing 30,459
accommodations, or relating to the loan of money, whether or not 30,460
secured by mortgage or otherwise, for the acquisition, 30,461
construction, rehabilitation, repair, or maintenance of housing 30,462
accommodations, that indicates any preference, limitation, 30,463
specification, or discrimination based upon race, color, 30,464
religion, sex, familial status, ancestry, handicap, or national 30,465
origin, or an intention to make any such preference, limitation, 30,466
specification, or discrimination; 30,467
(8) Except as otherwise provided in division (H)(8) or 30,469
(17) of this section, make any inquiry, elicit any information, 30,470
make or keep any record, or use any form of application 30,471
689
containing questions or entries concerning race, color, religion, 30,472
sex, familial status, ancestry, handicap, or national origin in 30,473
connection with the sale or lease of any housing accommodations 30,474
or the loan of any money, whether or not secured by mortgage or 30,475
otherwise, for the acquisition, construction, rehabilitation, 30,476
repair, or maintenance of housing accommodations. Any person may 30,477
make inquiries, and make and keep records, concerning race, 30,478
color, religion, sex, familial status, ancestry, handicap, or 30,479
national origin for the purpose of monitoring compliance with 30,480
this chapter. 30,481
(9) Include in any transfer, rental, or lease of housing 30,483
accommodations any restrictive covenant, or honor or exercise, or 30,484
attempt to honor or exercise, any restrictive covenant; 30,485
(10) Induce or solicit, or attempt to induce or solicit, a 30,487
housing accommodations listing, sale, or transaction by 30,488
representing that a change has occurred or may occur with respect 30,489
to the racial, religious, sexual, familial status, or ethnic 30,490
composition of the block, neighborhood, or other area in which 30,491
the housing accommodations are located, or induce or solicit, or 30,492
attempt to induce or solicit, a housing accommodations listing, 30,493
sale, or transaction by representing that the presence or 30,494
anticipated presence of persons of any race, color, religion, 30,495
sex, familial status, ancestry, handicap, or national origin, in 30,496
the block, neighborhood, or other area will or may have results 30,497
including, but not limited to, the following: 30,498
(a) The lowering of property values; 30,500
(b) A change in the racial, religious, sexual, familial 30,502
status, or ethnic composition of the block, neighborhood, or 30,503
other area; 30,504
(c) An increase in criminal or antisocial behavior in the 30,506
block, neighborhood, or other area; 30,507
(d) A decline in the quality of the schools serving the 30,509
block, neighborhood, or other area. 30,510
(11) Deny any person access to or membership or 30,512
690
participation in any multiple-listing service, real estate 30,513
brokers' organization, or other service, organization, or 30,514
facility relating to the business of selling or renting housing 30,515
accommodations, or discriminate against any person in the terms 30,516
or conditions of that access, membership, or participation, on 30,517
account of race, color, religion, sex, familial status, national 30,518
origin, handicap, or ancestry; 30,519
(12) Coerce, intimidate, threaten, or interfere with any 30,521
person in the exercise or enjoyment of, or on account of that 30,522
person's having exercised or enjoyed or having aided or 30,523
encouraged any other person in the exercise or enjoyment of, any 30,524
right granted or protected by division (H) of this section; 30,525
(13) Discourage or attempt to discourage the purchase by a 30,527
prospective purchaser of housing accommodations, by representing 30,528
that any block, neighborhood, or other area has undergone or 30,529
might undergo a change with respect to its religious, racial, 30,530
sexual, familial status, or ethnic composition; 30,531
(14) Refuse to sell, transfer, assign, rent, lease, 30,533
sublease, or finance, or otherwise deny or withhold, a burial lot 30,534
from any person because of the race, color, sex, familial status, 30,535
age, ancestry, handicap, or national origin of any prospective 30,536
owner or user of the lot; 30,537
(15) Discriminate in the sale or rental of, or otherwise 30,539
make unavailable or deny, housing accommodations to any buyer or 30,540
renter because of a handicap of any of the following: 30,541
(a) The buyer or renter; 30,543
(b) A person residing in or intending to reside in the 30,545
housing accommodations after they are sold, rented, or made 30,546
available; 30,547
(c) Any individual associated with the person described in 30,549
division (H)(15)(b) of this section. 30,550
(16) Discriminate in the terms, conditions, or privileges 30,552
of the sale or rental of housing accommodations to any person or 30,553
in the provision of services or facilities to any person in 30,554
691
connection with the housing accommodations because of a handicap 30,555
of any of the following: 30,556
(a) That person; 30,558
(b) A person residing in or intending to reside in the 30,560
housing accommodations after they are sold, rented, or made 30,561
available; 30,562
(c) Any individual associated with the person described in 30,564
division (H)(16)(b) of this section. 30,565
(17) Except as otherwise provided in division (H)(17) of 30,567
this section, make an inquiry to determine whether an applicant 30,568
for the sale or rental of housing accommodations, a person 30,569
residing in or intending to reside in the housing accommodations 30,570
after they are sold, rented, or made available, or any individual 30,571
associated with that person has a handicap, or make an inquiry to 30,572
determine the nature or severity of a handicap of the applicant 30,573
or such a person or individual. The following inquiries may be 30,574
made of all applicants for the sale or rental of housing 30,575
accommodations, regardless of whether they have handicaps: 30,576
(a) An inquiry into an applicant's ability to meet the 30,578
requirements of ownership or tenancy; 30,579
(b) An inquiry to determine whether an applicant is 30,581
qualified for housing accommodations available only to persons 30,582
with handicaps or persons with a particular type of handicap; 30,583
(c) An inquiry to determine whether an applicant is 30,585
qualified for a priority available to persons with handicaps or 30,586
persons with a particular type of handicap; 30,587
(d) An inquiry to determine whether an applicant currently 30,589
uses a controlled substance in violation of section 2925.11 of 30,590
the Revised Code or a substantively comparable municipal 30,591
ordinance; 30,592
(e) An inquiry to determine whether an applicant at any 30,594
time has been convicted of or pleaded guilty to any offense, an 30,595
element of which is the illegal sale, offer to sell, cultivation, 30,596
manufacture, other production, shipment, transportation, 30,598
692
delivery, or other distribution of a controlled substance. 30,599
(18)(a) Refuse to permit, at the expense of a handicapped 30,601
person, reasonable modifications of existing housing 30,602
accommodations that are occupied or to be occupied by the 30,603
handicapped person, if the modifications may be necessary to 30,604
afford the handicapped person full enjoyment of the housing 30,605
accommodations. This division does not preclude a landlord of 30,606
housing accommodations that are rented or to be rented to a 30,607
handicapped tenant from conditioning permission for a proposed 30,608
modification upon the handicapped tenant's doing one or more of 30,609
the following: 30,610
(i) Providing a reasonable description of the proposed 30,612
modification and reasonable assurances that the proposed 30,613
modification will be made in a workmanlike WORKERLIKE manner and 30,614
that any required building permits will be obtained prior to the 30,615
commencement of the proposed modification; 30,616
(ii) Agreeing to restore at the end of the tenancy the 30,618
interior of the housing accommodations to the condition they were 30,619
in prior to the proposed modification, but subject to reasonable 30,620
wear and tear during the period of occupancy, if it is reasonable 30,621
for the landlord to condition permission for the proposed 30,622
modification upon the agreement; 30,623
(iii) Paying into an interest-bearing escrow account that 30,625
is in the landlord's name, over a reasonable period of time, a 30,626
reasonable amount of money not to exceed the projected costs at 30,627
the end of the tenancy of the restoration of the interior of the 30,628
housing accommodations to the condition they were in prior to the 30,629
proposed modification, but subject to reasonable wear and tear 30,630
during the period of occupancy, if the landlord finds the account 30,631
reasonably necessary to ensure the availability of funds for the 30,632
restoration work. The interest earned in connection with an 30,633
escrow account described in this division shall accrue to the 30,634
benefit of the handicapped tenant who makes payments into the 30,635
account. 30,636
693
(b) A landlord shall not condition permission for a 30,638
proposed modification upon a handicapped tenant's payment of a 30,639
security deposit that exceeds the customarily required security 30,640
deposit of all tenants of the particular housing accommodations. 30,641
(19) Refuse to make reasonable accommodations in rules, 30,643
policies, practices, or services when necessary to afford a 30,644
handicapped person equal opportunity to use and enjoy a dwelling 30,645
unit, including associated public and common use areas; 30,646
(20) Fail to comply with the standards and rules adopted 30,648
under division (A) of section 3781.111 of the Revised Code; 30,649
(21) Discriminate against any person in the selling, 30,651
brokering, or appraising of real property because of race, color, 30,652
religion, sex, familial status, ancestry, handicap, or national 30,653
origin; 30,654
(22) Fail to design and construct covered multifamily 30,656
dwellings for first occupancy on or after June 30, 1992, in 30,657
accordance with the following conditions: 30,658
(a) The dwellings shall have at least one building 30,660
entrance on an accessible route, unless it is impractical to do 30,661
so because of the terrain or unusual characteristics of the site. 30,662
(b) With respect to dwellings that have a building 30,664
entrance on an accessible route, all of the following apply: 30,665
(i) The public use areas and common use areas of the 30,667
dwellings shall be readily accessible to and usable by 30,668
handicapped persons. 30,669
(ii) All the doors designed to allow passage into and 30,671
within all premises shall be sufficiently wide to allow passage 30,672
by handicapped persons in wheelchairs. 30,673
(iii) All premises within covered multifamily dwelling 30,675
units shall contain an accessible route into and through the 30,676
dwelling; all light switches, electrical outlets, thermostats, 30,677
and other environmental controls within such units shall be in 30,678
accessible locations; the bathroom walls within such units shall 30,679
contain reinforcements to allow later installation of grab bars; 30,680
694
and the kitchens and bathrooms within such units shall be 30,681
designed and constructed in a manner that enables an individual 30,682
in a wheelchair to maneuver about such rooms. 30,683
For purposes of division (H)(22) of this section, "covered 30,685
multifamily dwellings" means buildings consisting of four or more 30,686
units if such buildings have one or more elevators and ground 30,687
floor units in other buildings consisting of four or more units. 30,688
(I) For any person to discriminate in any manner against 30,690
any other person because that person has opposed any unlawful 30,691
discriminatory practice defined in this section or because that 30,692
person has made a charge, testified, assisted, or participated in 30,693
any manner in any investigation, proceeding, or hearing under 30,694
sections 4112.01 to 4112.07 of the Revised Code. 30,695
(J) For any person to aid, abet, incite, compel, or coerce 30,697
the doing of any act declared by this section to be an unlawful 30,698
discriminatory practice, to obstruct or prevent any person from 30,699
complying with this chapter or any order issued under it, or to 30,700
attempt directly or indirectly to commit any act declared by this 30,701
section to be an unlawful discriminatory practice. 30,702
(K)(1) Nothing in division (H) of this section shall bar 30,704
any religious or denominational institution or organization, or 30,705
any nonprofit charitable or educational organization that is 30,706
operated, supervised, or controlled by or in connection with a 30,707
religious organization, from limiting the sale, rental, or 30,708
occupancy of housing accommodations that it owns or operates for 30,709
other than a commercial purpose to persons of the same religion, 30,710
or from giving preference in the sale, rental, or occupancy of 30,711
such housing accommodations to persons of the same religion, 30,712
unless membership in the religion is restricted on account of 30,713
race, color, or national origin. 30,714
(2) Nothing in division (H) of this section shall bar any 30,716
bona fide private or fraternal organization that, incidental to 30,717
its primary purpose, owns or operates lodgings for other than a 30,718
commercial purpose, from limiting the rental or occupancy of the 30,719
695
lodgings to its members or from giving preference to its members. 30,720
(3) Nothing in division (H) of this section limits the 30,722
applicability of any reasonable local, state, or federal 30,723
restrictions regarding the maximum number of occupants permitted 30,724
to occupy housing accommodations. Nothing in that division 30,725
prohibits the owners or managers of housing accommodations from 30,726
implementing reasonable occupancy standards based on the number 30,727
and size of sleeping areas or bedrooms and the overall size of a 30,728
dwelling unit, provided that the standards are not implemented to 30,729
circumvent the purposes of this chapter and are formulated, 30,730
implemented, and interpreted in a manner consistent with this 30,731
chapter and any applicable local, state, or federal restrictions 30,732
regarding the maximum number of occupants permitted to occupy 30,733
housing accommodations. 30,734
(4) Nothing in division (H) of this section requires that 30,736
housing accommodations be made available to an individual whose 30,737
tenancy would constitute a direct threat to the health or safety 30,738
of other individuals or whose tenancy would result in substantial 30,739
physical damage to the property of others. 30,740
(5) Nothing in division (H) of this section pertaining to 30,742
discrimination on the basis of familial status shall be construed 30,743
to apply to any of the following: 30,744
(a) Housing accommodations provided under any state or 30,746
federal program that have been determined under the "Fair Housing 30,747
Amendments Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as 30,748
amended, to be specifically designed and operated to assist 30,749
elderly persons; 30,750
(b) Housing accommodations intended for and solely 30,752
occupied by persons who are sixty-two years of age or older; 30,753
(c) Housing accommodations intended and operated for 30,755
occupancy by at least one person who is fifty-five years of age 30,756
or older per unit, as determined under the "Fair Housing 30,757
Amendments Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as 30,758
amended. 30,759
696
(L) Nothing in divisions (A) to (E) of this section shall 30,761
be construed to require a handicapped person to be employed or 30,762
trained under circumstances that would significantly increase the 30,763
occupational hazards affecting either the handicapped person, 30,764
other employees, the general public, or the facilities in which 30,765
the work is to be performed, or to require the employment or 30,766
training of a handicapped person in a job that requires the 30,767
handicapped person routinely to undertake any task, the 30,768
performance of which is substantially and inherently impaired by 30,769
the handicapped person's handicap. 30,770
(M) Nothing in divisions (H)(1) to (18) of this section 30,772
shall be construed to require any person selling or renting 30,773
property to modify the property in any way or to exercise a 30,774
higher degree of care for a person having a handicap, to relieve 30,775
any handicapped person of any obligation generally imposed on all 30,776
persons regardless of handicap in a written lease, rental 30,777
agreement, or contract of purchase or sale, or to forbid 30,778
distinctions based on the inability to fulfill the terms and 30,779
conditions, including financial obligations, of the lease, 30,780
agreement, or contract. 30,781
(N) An aggrieved individual may enforce the individual's 30,783
rights relative to discrimination on the basis of age as provided 30,784
for in this section by instituting a civil action, within two 30,785
years after the alleged unlawful discriminatory practice 30,786
occurred, in any court with jurisdiction for any legal or 30,787
equitable relief that will effectuate the individual's rights. 30,788
A person who files a civil action under this division is 30,790
barred, with respect to the practices complained of, from 30,791
instituting a civil action under section 4112.14 of the Revised 30,792
Code and from filing a charge with the commission under section 30,793
4112.05 of the Revised Code. 30,794
(O) With regard to age, it shall not be an unlawful 30,796
discriminatory practice and it shall not constitute a violation 30,797
of division (A) of section 4112.14 of the Revised Code for any 30,798
697
employer, employment agency, joint labor-management committee 30,799
controlling apprenticeship training programs, or labor 30,800
organization to do any of the following: 30,801
(1) Establish bona fide employment qualifications 30,803
reasonably related to the particular business or occupation that 30,804
may include standards for skill, aptitude, physical capability, 30,805
intelligence, education, maturation, and experience; 30,806
(2) Observe the terms of a bona fide seniority system or 30,808
any bona fide employee benefit plan, including, but not limited 30,809
to, a retirement, pension, or insurance plan, that is not a 30,810
subterfuge to evade the purposes of this section. However, no 30,811
such employee benefit plan shall excuse the failure to hire any 30,812
individual, and no such seniority system or employee benefit plan 30,813
shall require or permit the involuntary retirement of any 30,814
individual, because of the individual's age except as provided 30,815
for in the "Age Discrimination in Employment Act Amendment of 30,816
1978," 92 Stat. 189, 29 U.S.C.A. 623, as amended by the "Age 30,817
Discrimination in Employment Act Amendments of 1986," 100 Stat. 30,818
3342, 29 U.S.C.A. 623, as amended. 30,819
(3) Retire an employee who has attained sixty-five years 30,821
of age who, for the two-year period immediately before 30,822
retirement, is employed in a bona fide executive or a high 30,823
policymaking position, if the employee is entitled to an 30,824
immediate nonforfeitable annual retirement benefit from a 30,825
pension, profit-sharing, savings, or deferred compensation plan, 30,826
or any combination of those plans, of the employer of the 30,827
employee, which equals, in the aggregate, at least forty-four 30,828
thousand dollars, in accordance with the conditions of the "Age 30,829
Discrimination in Employment Act Amendment of 1978," 92 Stat. 30,830
189, 29 U.S.C.A. 631, as amended by the "Age Discrimination in 30,831
Employment Act Amendments of 1986," 100 Stat. 3342, 29 U.S.C.A. 30,832
631, as amended; 30,833
(4) Observe the terms of any bona fide apprenticeship 30,835
program if the program is registered with the Ohio apprenticeship 30,836
698
council pursuant to sections 4111.25 4139.01 to 4111.30 4139.06 30,838
of the Revised Code and is approved by the federal committee on 30,839
apprenticeship of the United States department of labor. 30,840
(P) Nothing in this chapter prohibiting age discrimination 30,842
and nothing in division (A) of section 4112.14 of the Revised 30,843
Code shall be construed to prohibit the following: 30,844
(1) The designation of uniform age the attainment of which 30,846
is necessary for public employees to receive pension or other 30,847
retirement benefits pursuant to Chapter 145., 742., 3307., 3309., 30,848
or 5505. of the Revised Code; 30,849
(2) The mandatory retirement of uniformed patrol officers 30,851
of the state highway patrol as provided in section 5505.16 of the 30,852
Revised Code; 30,853
(3) The maximum age requirements for appointment as a 30,855
patrol officer in the state highway patrol established by section 30,856
5503.01 of the Revised Code; 30,857
(4) The maximum age requirements established for original 30,859
appointment to a police department or fire department in sections 30,860
124.41 and 124.42 of the Revised Code; 30,861
(5) Any maximum age not in conflict with federal law that 30,863
may be established by a municipal charter, municipal ordinance, 30,864
or resolution of a board of township trustees for original 30,865
appointment as a police officer or fire fighter; 30,866
(6) Any mandatory retirement provision not in conflict 30,868
with federal law of a municipal charter, municipal ordinance, or 30,869
resolution of a board of township trustees pertaining to police 30,870
officers and fire fighters; 30,871
(7) Until January 1, 1994, the mandatory retirement of any 30,873
employee who has attained seventy years of age and who is serving 30,874
under a contract of unlimited tenure, or similar arrangement 30,875
providing for unlimited tenure, at an institution of higher 30,876
education as defined in the "Education Amendments of 1980," 94 30,877
Stat. 1503, 20 U.S.C.A. 1141(a). 30,878
(Q)(1)(a) Except as provided in division (Q)(1)(b) of this 30,880
699
section, for purposes of divisions (A) to (E) of this section, a 30,881
handicap does not include any physiological disorder or 30,882
condition, mental or psychological disorder, or disease or 30,883
condition caused by an illegal use of any controlled substance by 30,884
an employee, applicant, or other person, if an employer, 30,885
employment agency, personnel placement service, labor 30,886
organization, or joint labor-management committee acts on the 30,887
basis of that illegal use. 30,888
(b) Division (Q)(1)(a) of this section does not apply to 30,890
an employee, applicant, or other person who satisfies any of the 30,891
following: 30,892
(i) The employee, applicant, or other person has 30,894
successfully completed a supervised drug rehabilitation program 30,896
and no longer is engaging in the illegal use of any controlled 30,897
substance, or the employee, applicant, or other person otherwise 30,898
successfully has been rehabilitated and no longer is engaging in 30,899
that illegal use.
(ii) The employee, applicant, or other person is 30,901
participating in a supervised drug rehabilitation program and no 30,903
longer is engaging in the illegal use of any controlled 30,904
substance.
(iii) The employee, applicant, or other person is 30,906
erroneously regarded as engaging in the illegal use of any 30,908
controlled substance, but the employee, applicant, or other 30,909
person is not engaging in that illegal use. 30,910
(2) Divisions (A) to (E) of this section do not prohibit 30,912
an employer, employment agency, personnel placement service, 30,913
labor organization, or joint labor-management committee from 30,914
doing any of the following: 30,915
(a) Adopting or administering reasonable policies or 30,917
procedures, including, but not limited to, testing for the 30,918
illegal use of any controlled substance, that are designed to 30,919
ensure that an individual described in division (Q)(1)(b)(i) or 30,920
(ii) of this section no longer is engaging in the illegal use of 30,921
700
any controlled substance; 30,922
(b) Prohibiting the illegal use of controlled substances 30,924
and the use of alcohol at the workplace by all employees; 30,925
(c) Requiring that employees not be under the influence of 30,927
alcohol or not be engaged in the illegal use of any controlled 30,928
substance at the workplace; 30,929
(d) Requiring that employees behave in conformance with 30,931
the requirements established under "The Drug-Free Workplace Act 30,932
of 1988," 102 Stat. 4304, 41 U.S.C.A. 701, as amended; 30,933
(e) Holding an employee who engages in the illegal use of 30,935
any controlled substance or who is an alcoholic to the same 30,936
qualification standards for employment or job performance, and 30,937
the same behavior, to which the employer, employment agency, 30,938
personnel placement service, labor organization, or joint 30,939
labor-management committee holds other employees, even if any 30,940
unsatisfactory performance or behavior is related to an 30,941
employee's illegal use of a controlled substance or alcoholism; 30,942
(f) Exercising other authority recognized in the 30,944
"Americans with Disabilities Act of 1990," 104 Stat. 327, 42 30,945
U.S.C.A. 12101, as amended, including, but not limited to, 30,946
requiring employees to comply with any applicable federal 30,947
standards. 30,948
(3) For purposes of this chapter, a test to determine the 30,950
illegal use of any controlled substance does not include a 30,951
medical examination. 30,952
(4) Division (Q) of this section does not encourage, 30,954
prohibit, or authorize, and shall not be construed as 30,955
encouraging, prohibiting, or authorizing, the conduct of testing 30,956
for the illegal use of any controlled substance by employees, 30,957
applicants, or other persons, or the making of employment 30,958
decisions based on the results of that type of testing. 30,959
Sec. 4115.03. As used in sections 4115.03 to 4115.16 of 30,968
the Revised Code: 30,969
(A) "Public authority" means any officer, board, or 30,971
701
commission of the state, or any political subdivision of the 30,972
state, authorized to enter into a contract for the construction 30,973
of a public improvement or to construct the same by the direct 30,974
employment of labor, or any institution supported in whole or in 30,975
part by public funds and said sections apply to expenditures of 30,976
such institutions made in whole or in part from public funds. 30,977
(B) "Construction" means either of the following: 30,979
(1) Any new construction of any public improvement, the 30,981
total overall project cost of which is fairly estimated to be 30,982
more than fifty thousand dollars adjusted biennially by the 30,983
administrator DIRECTOR of the bureau of employment services 30,984
COMMERCE pursuant to section 4115.034 of the Revised Code and 30,985
performed by other than full-time employees who have completed 30,987
their probationary periods in the classified service of a public 30,988
authority;
(2) Any reconstruction, enlargement, alteration, repair, 30,990
remodeling, renovation, or painting of any public improvement, 30,991
the total overall project cost of which is fairly estimated to be 30,992
more than fifteen thousand dollars adjusted biennially by the 30,993
administrator pursuant to section 4115.034 of the Revised Code 30,995
and performed by other than full-time employees who have
completed their probationary period in the classified civil 30,996
service of a public authority.
(C) "Public improvement" includes all buildings, roads, 30,998
streets, alleys, sewers, ditches, sewage disposal plants, water 30,999
works, and all other structures or works constructed by a public 31,000
authority of the state or any political subdivision thereof or by 31,001
any person who, pursuant to a contract with a public authority, 31,002
constructs any structure for a public authority of the state or a 31,003
political subdivision thereof. When a public authority rents or 31,004
leases a newly constructed structure within six months after 31,005
completion of such construction, all work performed on such 31,006
structure to suit it for occupancy by a public authority is a 31,007
"public improvement." "Public improvement" does not include an 31,008
702
improvement authorized by section 1515.08 of the Revised Code 31,010
that is constructed pursuant to a contract with a soil and water 31,011
conservation district, as defined in section 1515.01 of the
Revised Code, or performed as a result of a petition filed 31,012
pursuant to Chapter 6131., 6133., or 6135. of the Revised Code, 31,013
wherein no less than seventy-five per cent of the project is 31,014
located on private land and no less than seventy-five per cent of 31,015
the cost of the improvement is paid for by private property 31,016
owners pursuant to Chapter 1515., 6131., 6133., or 6135. of the
Revised Code. 31,017
(D) "Locality" means the county wherein the physical work 31,019
upon any public improvement is being performed. 31,020
(E) "Prevailing wages" means the sum of the following: 31,022
(1) The basic hourly rate of pay; 31,024
(2) The rate of contribution irrevocably made by a 31,026
contractor or subcontractor to a trustee or to a third person 31,027
pursuant to a fund, plan, or program; 31,028
(3) The rate of costs to the contractor or subcontractor 31,030
which may be reasonably anticipated in providing the following 31,031
fringe benefits to laborers and mechanics pursuant to an 31,032
enforceable commitment to carry out a financially responsible 31,033
plan or program which was communicated in writing to the laborers 31,034
and mechanics affected: 31,035
(a) Medical or hospital care or insurance to provide such; 31,037
(b) Pensions on retirement or death or insurance to 31,039
provide such; 31,040
(c) Compensation for injuries or illnesses resulting from 31,042
occupational activities if it is in addition to that coverage 31,043
required by Chapters 4121. and 4123. of the Revised Code; 31,044
(d) Supplemental unemployment benefits that are in 31,046
addition to those required by Chapter 4141. of the Revised Code; 31,047
(e) Life insurance; 31,049
(f) Disability and sickness insurance; 31,051
(g) Accident insurance; 31,053
703
(h) Vacation and holiday pay; 31,055
(i) Defraying of costs for apprenticeship or other similar 31,057
training programs which are beneficial only to the laborers and 31,058
mechanics affected; 31,059
(j) Other bona fide fringe benefits. 31,061
None of the benefits enumerated in division (E)(3) of this 31,063
section may be considered in the determination of prevailing 31,064
wages if federal, state, or local law requires contractors or 31,065
subcontractors to provide any of such benefits. 31,066
(F) "Interested party," with respect to a particular 31,068
public improvement, means: 31,069
(1) Any person who submits a bid for the purpose of 31,071
securing the award of a contract for construction of the public 31,072
improvement; 31,073
(2) Any person acting as a subcontractor of a person 31,075
mentioned in division (F)(1) of this section; 31,076
(3) Any bona fide organization of labor which has as 31,078
members or is authorized to represent employees of a person 31,079
mentioned in division (F)(1) or (2) of this section and which 31,080
exists, in whole or in part, for the purpose of negotiating with 31,081
employers concerning the wages, hours, or terms and conditions of 31,082
employment of employees; 31,083
(4) Any association having as members any of the persons 31,085
mentioned in division (F)(1) or (2) of this section. 31,086
(G) Except as used in division (A) of this section, 31,088
"officer" means an individual who has an ownership interest or 31,089
holds an office of trust, command, or authority in a corporation, 31,090
business trust, partnership, or association.
Sec. 4115.031. The obligation of a contractor or 31,099
subcontractor to make payment in accordance with the prevailing 31,100
wage determinations of the bureau DIRECTOR of employment services 31,102
COMMERCE, insofar as Chapter 4115. of the Revised Code is 31,103
concerned, may be discharged by the making of payments in cash,
by the making of contributions of a type referred to in division 31,104
704
(E)(2) of section 4115.03 of the Revised Code or by the 31,105
assumption of an enforceable commitment to bear the costs of a 31,106
plan or program of a type referred to in division (E)(3) of 31,107
section 4115.03 of the Revised Code, or any combination thereof, 31,108
where the aggregate of any such payments, contributions, and
costs is not less than the rate of pay described in division 31,109
(E)(1) plus the rates referred to in division DIVISIONS (E)(2) 31,110
and (3) of section 4115.03 of the Revised Code. 31,112
In determining the overtime pay to which the laborer or 31,114
mechanic is entitled under any federal or state law, his THE 31,115
PERSON'S regular or basic hourly rate of pay (or other 31,117
alternative rate upon which premium rate of overtime compensation
is computed) shall be deemed to be the rate computed under 31,118
division (E)(1) of section 4115.03 of the Revised Code, except 31,119
that where the amount of payments, contributions, or costs 31,120
incurred with respect to him THAT PERSON exceeds the prevailing 31,121
wage applicable to him THE PERSON under Chapter 4115. of the 31,122
Revised Code, such regular or basic hourly rate of pay (or such 31,125
other alternative rate) shall be arrived at by deducting from the
amount of payments, contributions, or costs actually incurred 31,126
with respect to him THE PERSON, the amount of contributions or 31,127
costs of the types described in division DIVISIONS (E)(2) and (3) 31,129
actually incurred with respect to him THE PERSON, or the amount 31,130
determined under division DIVISIONS (E)(2) and (3) of section 31,131
4115.03 of the Revised Code but not actually paid, whichever 31,133
amount is the greater.
Sec. 4115.032. Construction on any project, facility, or 31,142
project facility to which section 122.452, 122.80, 165.031, 31,144
166.02, 1551.13, 1728.07, or 3706.042 of the Revised Code applies 31,145
is hereby deemed to be construction of a public improvement 31,146
within section 4115.03 of the Revised Code. All contractors and 31,147
subcontractors working on such projects, facilities, or project 31,148
facilities shall be subject to and comply with sections 4115.03 31,149
to 4115.16 of the Revised Code, and the administrator DIRECTOR of 31,150
705
the bureau of employment services COMMERCE shall, and any 31,152
interested party may, bring proceedings under such sections to 31,153
enforce compliance.
The bureau of employment services DIRECTOR shall make the 31,155
determination of wages as required under sections 122.452, 31,157
122.80, 165.031, 166.02, 1551.13, 1728.07, and 3706.042 of the 31,158
Revised Code and shall designate one of its THE DIRECTOR'S 31,159
employees to act as the prevailing wage coordinator under section 31,161
4115.071 for any project, facility, or project facility for which 31,162
a coordinator has not been designated by any public authority. 31,163
Sec. 4115.034. On January 1, 1996, and the first day of 31,172
January of every even-numbered year thereafter, the administrator 31,173
DIRECTOR of the bureau of employment services COMMERCE shall 31,174
adjust the threshold levels for which public improvement projects 31,175
are subject to sections 4115.03 to 4115.16 of the Revised Code as 31,176
set forth in divisions (B)(1) and (2) of section 4115.03 of the 31,177
Revised Code. The administrator DIRECTOR shall adjust those 31,179
amounts according to the average increase or decrease for each of
the two years immediately preceding the adjustment as set forth 31,180
in the United States department of commerce, bureau of the census 31,181
implicit price deflator for construction, provided that no 31,182
increase or decrease for any year shall exceed three per cent of 31,183
the threshold level in existence at the time of the adjustment. 31,184
Sec. 4115.04. (A) Every public authority authorized to 31,193
contract for or construct with its own forces a public 31,194
improvement, before advertising for bids or undertaking such 31,195
construction with its own forces, shall have the bureau DIRECTOR 31,196
of employment services COMMERCE determine the prevailing rates of 31,198
wages of mechanics and laborers in accordance with section 31,199
4115.05 of the Revised Code for the class of work called for by 31,200
the public improvement, in the locality where the work is to be 31,201
performed. Such schedule of wages shall be attached to and made 31,202
part of the specifications for the work, and shall be printed on 31,203
the bidding blanks where the work is done by contract. A copy of 31,204
706
the bidding blank shall be filed with the bureau DIRECTOR before 31,205
such contract is awarded. A minimum rate of wages for common 31,208
laborers, on work coming under the jurisdiction of the department 31,209
of transportation, shall be fixed in each county of the state by 31,210
said department of transportation, in accordance with section 31,211
4115.05 of the Revised Code.
(B) Sections 4115.03 to 4115.16 of the Revised Code do not 31,213
apply to:
(1) Public improvements in any case where the federal 31,215
government or any of its agencies furnishes by loan or grant all 31,218
or any part of the funds used in constructing such improvements, 31,219
provided the federal government or any of its agencies prescribes 31,220
predetermined minimum wages to be paid to mechanics and laborers 31,221
employed in the construction of such improvements; 31,222
(2) A participant in a work activity, developmental 31,225
activity, or an alternative work activity under sections 5107.40 31,227
to 5107.69 of the Revised Code when a public authority directly 31,228
uses the labor of the participant to construct a public
improvement if the participant is not engaged in paid employment 31,230
or subsidized employment pursuant to the activity; 31,231
(3) Public improvements undertaken by, or under contract 31,233
for, the board of education of any school district or the 31,235
governing board of any educational service center; 31,236
(4) Public improvements undertaken by, or under contract 31,238
for, a county hospital operated pursuant to Chapter 339. of the 31,239
Revised Code if none of the funds used in constructing the 31,242
improvements are the proceeds of bonds or other obligations which 31,244
are secured by the full faith and credit of the state, the 31,245
county, a township, or a municipal corporation and none of the 31,246
funds used in constructing the improvements, including funds used 31,248
to repay any amounts borrowed to construct the improvements, are 31,249
funds that have been appropriated for that purpose by the board 31,250
of county commissioners, the state, a township, or a municipal 31,251
corporation from funds generated by the levy of a tax; provided, 31,252
707
however, that a county hospital may elect to apply sections 31,253
4115.03 to 4115.16 of the Revised Code to a public improvement 31,254
undertaken by, or under contract for, the county hospital. 31,256
Sec. 4115.05. The prevailing rate of wages to be paid for 31,265
a legal day's work, as prescribed in section 4115.04 of the 31,266
Revised Code, to laborers, workmen WORKERS, or mechanics upon 31,267
public works shall not be less at any time during the life of a 31,269
contract for the public work than the prevailing rate of wages 31,270
then payable in the same trade or occupation in the locality 31,271
where such public work is being performed, under collective 31,272
bargaining agreements or understandings, between employers and 31,273
bona fide organizations of labor in force at the date the 31,274
contract for the public work, relating to the trade or 31,275
occupation, was made, and collective bargaining agreements or 31,276
understandings successor thereto. 31,277
Serving laborers, helpers, assistants and apprentices shall 31,279
not be classified as common labor and shall be paid not less at 31,280
any time during the life of a contract for the public work than 31,281
the prevailing rate of wages then payable for such labor in the 31,282
locality where the public work is being performed, under or as a 31,283
result of collective bargaining agreements or understandings 31,284
between employers and bona fide organizations of labor in force 31,285
at the date the contract for the public work, requiring the 31,286
employment of serving laborers, helpers, assistants, or 31,287
apprentices, was made, and collective bargaining agreements or 31,288
understandings successor thereto. 31,289
Apprentices will be permitted to work only under a bona 31,291
fide apprenticeship program if such program exists and is 31,292
registered with the Ohio apprenticeship council. 31,293
The allowable ratio of apprentices to skilled workers 31,295
permitted to work shall not be greater than the ratio allowed the 31,296
contractor or subcontractor in the collective bargaining 31,297
agreement or understanding referred to in this section under 31,298
which the work is being performed. 31,299
708
In THE event there is no such collective bargaining 31,301
agreement or understanding in the immediate locality, then the 31,302
prevailing rates of wages in the nearest locality in which such 31,303
collective bargaining agreements or understandings are in effect 31,304
shall be the prevailing rate of wages, in such locality, for the 31,305
various occupations covered by sections 4115.03 to 4115.16 of the 31,306
Revised Code. 31,307
The prevailing rate of wages to be paid for a legal day's 31,309
work, to laborers, workmen WORKERS, or mechanics, upon any 31,310
material to be used in or in connection with a public work, shall 31,312
be not less than the prevailing rate of wages payable for a day's 31,313
work in the same trade or occupation in the locality within the 31,314
state where such public work is being performed and where the 31,315
material in its final or completed form is to be situated, 31,316
erected, or used.
Every contract for a public work shall contain a provision 31,318
that each laborer, workman WORKER, or mechanic, employed by such 31,319
contractor, subcontractor, or other person about or upon such 31,320
public work, shall be paid the prevailing rate of wages provided 31,321
in this section. 31,322
No contractor or subcontractor under a contract for a 31,324
public work shall sublet any of the work covered by such contract 31,325
unless specifically authorized to do so by the contract. 31,326
Where contracts are not awarded or construction undertaken 31,328
within ninety days from the date of the establishment of the 31,329
prevailing rate of wages, there shall be a redetermination of the 31,330
prevailing rate of wages before the contract is awarded. Upon 31,331
receipt from the administrator DIRECTOR of the bureau of 31,332
employment services COMMERCE of a notice of a change in 31,334
prevailing wage rates, a public authority shall, within seven 31,335
working days after receipt thereof, notify all affected 31,336
contractors and subcontractors with whom the public authority has 31,337
contracts for a public improvement of the changes and require the 31,338
contractors to make the necessary adjustments in the prevailing 31,339
709
wage rates.
If the administrator DIRECTOR determines that a contractor 31,343
or subcontractor has violated sections 4115.03 to 4115.16 of the 31,344
Revised Code because the public authority has not notified the 31,345
contractor or subcontractor as required by this section, the 31,346
public authority is liable for any back wages, fines, damages, 31,347
court costs, and attorneys ATTORNEY'S fees associated with the 31,348
enforcement of said sections by the administrator DIRECTOR for 31,349
the period of time running until the public authority gives the 31,350
required notice to the contractor or subcontractor. 31,351
On the occasion of the first pay date under a contract, the 31,353
contractor or subcontractor shall furnish each employee not 31,354
covered by a collective bargaining agreement or understanding 31,355
between employers and bona fide organizations of labor with 31,356
individual written notification of the job classification to 31,357
which the employee is assigned, the prevailing wage determined to 31,358
be applicable to that classification, separated into the hourly 31,359
rate of pay and the fringe payments, and the identity of the 31,360
prevailing wage coordinator appointed by the public authority. 31,361
The contractor or subcontractor shall furnish the same 31,362
notification to each affected employee every time the job 31,363
classification of the employee is changed. 31,364
Sec. 4115.07. All contractors and subcontractors required 31,373
by sections 4115.03 to 4115.16 of the Revised Code, and the 31,374
action of any public authority to pay not less than the 31,375
prevailing rate of wages shall make full payment of such wages in 31,376
legal tender, without any deduction for food, sleeping 31,377
accommodations, transportation, use of small tools, or any other 31,378
thing of any kind or description. This section does not apply 31,379
where the employer and employee enter into an agreement in 31,380
writing at the beginning of any term of employment covering 31,381
deductions for food, sleeping accommodations, or other similar 31,382
item, provided such agreement is submitted by the employer to the 31,383
public authority fixing the rate of wages and is approved by such 31,384
710
public authority as fair and reasonable. 31,385
All contractors or subcontractors falling within or 31,387
affected by sections 4115.03 to 4115.16 of the Revised Code, 31,388
shall keep full and accurate payroll records with respect to 31,389
wages paid each employee and the number of hours worked by each 31,390
employee, covering all disbursements of wages to their employees 31,391
to whom they are required to pay not less than the prevailing 31,392
rate of wages. Such payroll records shall be open to inspection 31,393
by any authorized representative of the contracting public 31,394
authority, including the prevailing wage coordinator or the 31,395
bureau DIRECTOR of employment services COMMERCE at any reasonable 31,397
time and as often as may be necessary, and such records shall not 31,398
be destroyed or removed from the state for the period of one year 31,399
following the completion of the public improvement in connection 31,400
with which the records are made. There shall be posted in a 31,401
prominent and accessible place on the site of the work a legible 31,402
statement of the schedule of wage rates specified in the contract 31,403
to the various classifications of laborers, workmen WORKERS, and 31,404
mechanics employed, said statement to remain posted during the 31,405
life of each contract. 31,406
Each contractor or subcontractor shall file with the 31,408
contracting public authority upon completion of the public 31,409
improvement and prior to final payment therefor an affidavit 31,410
stating that he THE CONTRACTOR OR SUBCONTRACTOR has fully 31,411
complied with sections 4115.03 to 4115.16 of the Revised Code. 31,412
Sec. 4115.071. (A) Each contracting public authority that 31,421
enters into a contract other than a contract for printing, 31,422
binding, and related services, whose contractor and 31,423
subcontractors are subject to sections 4115.03 to 4115.16 of the 31,424
Revised Code shall, no later than ten days before the first 31,425
payment of wages is payable to any employee of any contractor or 31,426
subcontractor, designate and appoint one of its own employees to 31,427
serve as the prevailing wage coordinator during the life of the 31,428
contract. The duties of the coordinator shall include: 31,429
711
(1) Setting up and maintaining, available for public 31,431
inspection including inspection by interested parties or affected 31,432
employees, files of payroll reports and affidavits submitted by 31,433
contractors and subcontractors pursuant to sections 4115.03 to 31,434
4115.16 of the Revised Code; 31,435
(2) Ascertaining from each contractor or subcontractor, at 31,437
the beginning of performance under the contract, the dates during 31,438
its life when payments of wages to employees are to be made; 31,439
(3) Receiving from each contractor or subcontractor, a 31,441
copy of his THE CONTRACTOR'S OR SUBCONTRACTOR'S complete payroll 31,442
for each date exhibiting for each employee paid any wages, his 31,445
THE EMPLOYEE'S name, current address, social security number, 31,446
number of hours worked each day during the pay period and the 31,448
total for each week, his THE EMPLOYEE'S hourly rate of pay, his 31,449
THE EMPLOYEE'S job classification, fringe payments, and 31,450
deductions from his THE EMPLOYEE'S wages;
(4) Establishing and following procedures to monitor the 31,452
compliance by each contractor and subcontractor with the 31,453
requirement imposed by this section for timely filing of copies 31,454
of payroll records; 31,455
(5) Receiving from each contractor or subcontractor upon 31,457
completion of the public improvement and prior to final payment 31,458
therefor the affidavit required by section 4115.07 of the Revised 31,459
Code; 31,460
(6) Reporting any delinquency in the filing of the 31,462
certified copy of the payroll and the affidavit to the chief 31,463
officer of the contracting public authority and the administrator 31,464
DIRECTOR of the bureau of employment services COMMERCE. 31,466
(B) Any contracting public authority having a permanent 31,468
employee with the title, powers, and functions described in 31,469
division (A) of this section for the prevailing wage coordinator 31,470
need not separately designate and appoint an employee for each 31,471
public work contract entered into by the contracting public 31,472
authority. 31,473
712
(C) Every contractor and subcontractor who is subject to 31,475
sections 4115.03 to 4115.16 of the Revised Code shall, as soon as 31,476
he begins UPON BEGINNING performance under his THE CONTRACTOR'S 31,478
OR SUBCONTRACTOR'S contract with any contracting public
authority, supply to the prevailing wage coordinator of the 31,479
contracting public authority a schedule of the dates during the 31,480
life of his THE contract with the authority on which he THE 31,481
CONTRACTOR OR SUBCONTRACTOR is required to pay wages to 31,482
employees. He THE CONTRACTOR OR SUBCONTRACTOR shall also deliver 31,483
to the prevailing wage coordinator a certified copy of his THE 31,484
CONTRACTOR'S OR SUBCONTRACTOR'S payroll, within two weeks after 31,485
the initial pay date, and supplemental reports for each month 31,487
thereafter which shall exhibit for each employee paid any wages, 31,488
his THE EMPLOYEE'S name, current address, social security number, 31,489
number of hours worked during each day of the pay periods covered 31,490
and the total for each week, his THE EMPLOYEE'S hourly rate of 31,491
pay, his THE EMPLOYEE'S job classification, fringe payments, and 31,492
deductions from his THE EMPLOYEE'S wages. If the life of the 31,493
contract is expected to be no more than four months from the 31,494
beginning of performance by the contractor or subcontractor, such 31,495
supplemental reports shall be filed each week after the initial 31,496
report. The certification of each payroll shall be executed by 31,497
the contractor, subcontractor, or duly appointed agent thereof 31,498
and shall recite that the payroll is correct and complete and 31,499
that the wage rates shown are not less than those required by the 31,500
contract.
(D) If it is found that a public authority or prevailing 31,502
wage coordinator has not complied with this section, the 31,503
administrator DIRECTOR shall give notice thereof in writing to 31,505
the public authority or prevailing wage coordinator. Sufficient 31,506
time shall be allowed for compliance as the administrator 31,507
DIRECTOR deems necessary. At the expiration of the time 31,509
prescribed in the notice, the administrator DIRECTOR shall, in 31,510
writing, inform the attorney general of the fact that notice has 31,512
713
been given and that the public authority or prevailing wage 31,513
coordinator to whom it was directed has not complied with it. On 31,514
receipt thereof, the attorney general shall bring suit in the 31,515
name of the state in the court of common pleas of the county in 31,516
which the public authority is located, to require the public 31,517
authority or prevailing wage coordinator to comply with this 31,518
section.
Sec. 4115.08. No public official, authorized to contract 31,527
for or construct with his THE OFFICIAL'S own forces a public 31,528
improvement, shall fail, before advertising for bids or 31,530
undertaking such construction with his own THOSE forces, to have 31,531
the bureau DIRECTOR of employment services COMMERCE determine the 31,532
prevailing rates of wages of mechanics and laborers for the class 31,533
of work called for by the public improvement in the locality 31,534
where the work is to be performed, as provided in section 4115.04 31,535
of the Revised Code.
Sec. 4115.09. No member of a public board, commission, or 31,544
other public authority authorized to contract for or construct 31,545
with its own forces a public improvement, shall vote for the 31,546
award of any contract for the construction of such improvement, 31,547
or vote for the disbursement of any funds on account of the
construction of such public improvement, unless such public 31,548
authority has first had the bureau DIRECTOR of employment 31,549
services COMMERCE determine the prevailing rates of wages of 31,551
mechanics and laborers for the class of work called for by such 31,552
public improvement in the locality where the work is to be
performed, as provided in section 4115.04 of the Revised Code. 31,553
Sec. 4115.10. (A) No person, firm, corporation, or public 31,562
authority that constructs a public improvement with its own 31,563
forces, the total overall project cost of which is fairly 31,564
estimated to be more than the amounts set forth in division 31,565
(B)(1) or (2) of section 4115.03 of the Revised Code, adjusted 31,566
biennially by the administrator DIRECTOR of employment services 31,568
COMMERCE pursuant to section 4115.034 of the Revised Code, shall 31,569
714
violate the wage provisions of sections 4115.03 to 4115.16 of the 31,571
Revised Code, or suffer, permit, or require any employee to work 31,572
for less than the rate of wages so fixed, or violate the 31,573
provisions of section 4115.07 of the Revised Code. Any employee 31,574
upon any public improvement, except an employee to whom or on 31,575
behalf of whom restitution is made pursuant to division (C) of 31,576
section 4115.13 of the Revised Code, who is paid less than the 31,577
fixed rate of wages applicable thereto may recover from such 31,578
person, firm, corporation, or public authority that constructs a 31,579
public improvement with its own forces the difference between the 31,580
fixed rate of wages and the amount paid to the employee and in 31,581
addition thereto a sum equal to twenty-five per cent of that 31,583
difference. The person, firm, corporation, or public authority 31,584
who fails to pay the rate of wages so fixed also shall pay a 31,585
penalty to the administrator DIRECTOR of seventy-five per cent of 31,587
the difference between the fixed rate of wages and the amount
paid to the employees on the public improvement. The 31,588
administrator DIRECTOR shall deposit all moneys received from 31,591
penalties paid to the administrator DIRECTOR pursuant to this 31,593
section into the penalty enforcement fund, which is hereby
created. The penalty enforcement fund shall be in the custody of 31,594
the treasurer of state but shall not be part of the state 31,595
treasury. The administrator DIRECTOR shall use the fund for the 31,597
enforcement of sections 4115.03 to 4115.16 of the Revised Code. 31,598
The employee may file suit for recovery within sixty days of the 31,599
administrator's DIRECTOR'S determination of a violation of 31,601
sections 4115.03 to 4115.16 of the Revised Code or is barred from 31,603
further action under this division. Where the employee prevails 31,604
in a suit, the employer shall pay the costs and reasonable 31,605
attorney's fees allowed by the court. 31,606
(B) Any employee upon any public improvement who is paid 31,608
less than the prevailing rate of wages applicable thereto may 31,609
file a complaint in writing with the bureau of employment 31,611
services DIRECTOR upon a form furnished by the administrator 31,612
715
DIRECTOR. At the written request of any employee paid less than 31,613
the prevailing rate of wages applicable, the administrator 31,614
DIRECTOR shall take an assignment of a claim in trust for the 31,616
assigning employee and bring any legal action necessary to 31,617
collect the claim. The employer shall pay the costs and 31,618
reasonable attorney's fees allowed by the court if the employer 31,619
is found in violation of sections 4115.03 to 4115.16 of the 31,620
Revised Code.
(C) If after investigation pursuant to section 4115.13 of 31,624
the Revised Code, the administrator DIRECTOR determines there is 31,626
a violation of sections 4115.03 to 4115.16 of the Revised Code 31,627
and a period of sixty days has elapsed from the date of the 31,628
determination, and if:
(1) No employee has brought suit pursuant to division (A) 31,630
of this section; 31,631
(2) No employee has requested that the administrator 31,633
DIRECTOR take an assignment of a wage claim pursuant to division 31,634
(B) of this section; 31,635
The administrator DIRECTOR shall bring any legal action 31,637
necessary to collect any amounts owed to employees and the 31,639
bureau. The administrator DIRECTOR shall pay over to the 31,641
affected employees the amounts collected to which the affected
employees are entitled under division (A) of this section. In 31,642
any action in which the administrator DIRECTOR prevails, the 31,643
employer shall pay the costs and reasonable attorney's fees 31,645
allowed by the court.
(D) Where persons are employed and their rate of wages has 31,648
been determined as provided in section 4115.04 of the Revised
Code, no person, either for self or any other person, shall 31,650
request, demand, or receive, either before or after the person is 31,652
engaged, that the person so engaged pay back, return, donate, 31,653
contribute, or give any part or all of the person's wages, 31,655
salary, or thing of value, to any person, upon the statement, 31,656
representation, or understanding that failure to comply with such 31,657
716
request or demand will prevent the procuring or retaining of 31,659
employment, and no person shall, directly or indirectly, aid, 31,660
request, or authorize any other person to violate this section. 31,661
This division does not apply to any agent or representative of a 31,662
duly constituted labor organization acting in the collection of 31,663
dues or assessments of such organization.
(E) The bureau DIRECTOR shall enforce sections 4115.03 to 31,666
4115.16 of the Revised Code.
(F) For the purpose of supplementing existing bureau 31,669
resources and to assist in enforcing division (E) of this 31,670
section, the administrator DIRECTOR may contract with a person 31,672
registered as a public accountant under Chapter 4701. of the 31,673
Revised Code to conduct an audit of a person, firm, corporation, 31,674
or public authority. 31,675
Sec. 4115.101. There is hereby created the prevailing wage 31,684
custodial fund, which shall be in the custody of the treasurer of 31,685
state but shall not be part of the state treasury. The 31,686
administrator of the bureau DIRECTOR of employment services 31,687
COMMERCE shall deposit to the fund all money paid by employers to 31,688
the administrator DIRECTOR that are held in trust for employees 31,690
to whom prevailing wages are due and owing. The administrator 31,691
DIRECTOR shall make disbursements from the fund in accordance 31,692
with this chapter to employees affected by violations of this 31,693
chapter.
Sec. 4115.12. In order to facilitate the administration of 31,702
sections 4115.03 to 4115.16 of the Revised Code, and to achieve 31,703
the purposes of those sections, the administrator DIRECTOR of the 31,704
bureau of employment services COMMERCE may adopt reasonable 31,705
rules, not inconsistent with those sections, for contractors and 31,706
subcontractors engaged in the construction, prosecution, 31,708
completion, or repair of a public improvement financed in whole 31,709
or in part by any public authority.
Sec. 4115.13. (A) Upon his THE DIRECTOR'S own motion or 31,718
within five days of the filing of a complaint under section 31,720
717
4115.10 or 4115.16 of the Revised Code, the administrator 31,721
DIRECTOR of the bureau of employment services COMMERCE, or a 31,722
representative designated by him THE DIRECTOR, shall investigate 31,724
any alleged violation of sections 4115.03 to 4115.16 of the 31,725
Revised Code.
(B) At the conclusion of the investigation, the 31,727
administrator DIRECTOR or his A designated representative shall 31,729
make a recommendation as to whether the alleged violation was 31,730
committed. If the administrator DIRECTOR or his designated 31,732
representative recommends that the alleged violation was an 31,733
intentional violation, he THE DIRECTOR OR DESIGNATED 31,734
REPRESENTATIVE shall give written notice by certified mail of 31,735
that recommendation to the contractor, subcontractor, or officer 31,736
of the contractor or subcontractor which also shall state that 31,737
the contractor, subcontractor, or officer of the contractor or 31,738
subcontractor may file with the bureau of employment services 31,740
DIRECTOR an appeal of the recommendation within thirty days after 31,741
the date the notice was received. If the contractor, 31,742
subcontractor, or officer of the contractor or subcontractor 31,743
timely appeals the recommendation, within sixty days of the 31,744
filing of the appeal, the administrator DIRECTOR or his 31,746
designated representative shall schedule the appeal for a
hearing. If the contractor, subcontractor, or officer of the 31,747
contractor or subcontractor fails to timely appeal the 31,748
recommendation, the administrator DIRECTOR or his designated 31,750
representative shall adopt the recommendation as a finding of 31,751
fact for purposes of division (D) of this section. The 31,752
administrator DIRECTOR or his designated representative, in the 31,754
performance of any duty or execution of any power prescribed by 31,755
sections 4115.03 to 4115.16 of the Revised Code, shall have the 31,756
power to MAY hold hearings, and such hearings shall be held 31,758
within the county in which the violation of sections 4115.03 to 31,759
4115.16 of the Revised Code is alleged to have been committed, or 31,760
in Franklin county, whichever county the person alleged to have 31,761
718
committed the violation chooses. For the purpose of the hearing, 31,762
the administrator DIRECTOR may designate a hearing examiner who 31,765
shall, after notice to all interested parties, conduct a hearing 31,766
and make findings of fact and recommendations to the 31,767
administrator DIRECTOR. The administrator DIRECTOR shall make a 31,769
decision, which shall be sent to the affected parties. The 31,770
administrator DIRECTOR or his designated representative may make 31,773
decisions, based upon findings of fact, as are found necessary to 31,774
enforce sections 4115.03 to 4115.16 of the Revised Code. 31,775
(C) If any underpayment by a contractor or subcontractor 31,777
was the result of a misinterpretation of the statute, or an 31,778
erroneous preparation of the payroll documents, the administrator 31,779
DIRECTOR or his designated representative may make a decision 31,781
ordering the employer to make restitution to the employees, or on 31,782
their behalf, the plans, funds, or programs for any type of 31,783
fringe benefits described in the applicable wage determination. 31,784
In accordance with the finding of the administrator DIRECTOR that 31,785
any underpayment was the result of a misinterpretation of the 31,788
statute, or an erroneous preparation of the payroll documents, 31,789
employers who make restitution are not subject to any further 31,790
proceedings pursuant to sections 4115.03 to 4115.16 of the 31,791
Revised Code.
(D) If the administrator DIRECTOR or his designated 31,793
representative makes a decision, based upon findings of fact, 31,795
that a contractor, subcontractor, or officer of a contractor or 31,796
subcontractor has intentionally violated sections 4115.03 to 31,797
4115.16 of the Revised Code, the contractor, subcontractor, or 31,798
officer of a contractor or subcontractor is prohibited from 31,799
contracting directly or indirectly with any public authority for 31,800
the construction of a public improvement or from performing any 31,801
work on the same as provided in section 4115.133 of the Revised 31,802
Code. A contractor, subcontractor, or officer of a contractor or 31,803
subcontractor may appeal the decision, within sixty days after 31,804
the decision, to the court of common pleas of the county in which 31,805
719
the first hearing involving the violation was heard. If the 31,806
contractor, subcontractor, or officer of a contractor or 31,807
subcontractor does not timely appeal the recommendation of the 31,808
administrator DIRECTOR or his DESIGNATED representative under 31,810
division (B) of this section, the contractor, subcontractor, or 31,811
officer of a contractor or subcontractor may appeal the findings 31,812
of fact, within sixty days after the recommendations are adopted 31,813
as findings of fact, to the court of common pleas within the 31,814
county in which the violation of sections 4115.03 to 4115.16 of 31,815
the Revised Code is alleged to have been committed or in Franklin 31,816
county, whichever county the person alleged to have committed the 31,817
violation chooses.
(E) No appeal to the court from the decision of the 31,819
administrator DIRECTOR may be had by the contractor or 31,820
subcontractor unless the contractor or subcontractor files a bond 31,823
with the court in the amount of the restitution, conditioned upon 31,824
payment should the decision of the administrator DIRECTOR be 31,825
upheld.
(F) No statement of a contractor, subcontractor, or 31,827
officer of a contractor or subcontractor and no recommendation or 31,828
finding of fact issued under this section is admissible as 31,829
evidence in a criminal action brought under this chapter against 31,830
the contractor, subcontractor, or officer of a contractor or 31,831
subcontractor. 31,832
(G) In determining whether a contractor, subcontractor, or 31,834
officer of a contractor or subcontractor intentionally violated 31,835
sections 4115.03 to 4115.16 of the Revised Code, the 31,836
administrator DIRECTOR may consider as evidence either of the 31,838
following:
(1) The fact that the bureau DIRECTOR, prior to the 31,840
commission of the violation under consideration, issued 31,841
notification to the contractor, subcontractor, or officer of a 31,842
contractor or subcontractor of the same or a similar violation, 31,843
provided that the commission of the same or a similar violation 31,844
720
of sections 4115.03 to 4115.16 of the Revised Code at a 31,845
subsequent time does not create a presumption that the subsequent 31,846
violation was intentional; 31,847
(2) The fact that, prior to the commission of the 31,849
violation, the contractor, subcontractor, or officer of a 31,850
contractor or subcontractor used reasonable efforts to ascertain 31,851
the correct interpretation of sections 4115.03 to 4115.16 of the 31,852
Revised Code from the administrator DIRECTOR or his designated 31,854
representative or the public authority pursuant to section 31,856
4115.04 or 4115.131 of the Revised Code, provided that a 31,857
violation is presumed not to be intentional where a contractor, 31,858
subcontractor, or officer of a contractor or subcontractor 31,859
complies with a decision the administrator DIRECTOR or his 31,860
designated representative issues pursuant to a request made under 31,863
section 4115.131 of the Revised Code.
(H) As used in this section, "intentional violation" means 31,865
a willful, knowing, or deliberate failure to comply with any 31,866
provision of sections 4115.03 to 4115.16 of the Revised Code, and 31,867
includes, but is not limited to, the following actions when 31,868
conducted in the manner described in this division: 31,869
(1) An intentional failure to submit reports as required 31,871
under division (C) of section 4115.071 of the Revised Code or 31,872
knowingly submitting false or erroneous reports; 31,873
(2) An intentional misclassification of employees for the 31,875
purpose of reducing wages; 31,876
(3) An intentional misclassification of employees as 31,878
independent contractors or as apprentices; 31,879
(4) An intentional failure to pay the prevailing wage; 31,881
(5) An intentional failure to comply with the allowable 31,883
ratio of apprentices to skilled workers as required under section 31,884
4115.05 of the Revised Code and by rules adopted by the bureau 31,887
DIRECTOR pursuant to section 4115.12 of the Revised Code; 31,888
(6) Intentionally allowing an officer of a contractor or 31,890
subcontractor who is known to be prohibited from contracting 31,891
721
directly or indirectly with a public authority for the 31,892
construction of a public improvement or from performing any work 31,893
on the same pursuant to section 4115.133 of the Revised Code to 31,894
perform work on a public improvement. 31,895
Sec. 4115.131. In the event of a specific contract dispute 31,904
concerning a prevailing wage determination, a proper wage 31,905
classification, or a novel or unusual situation pertaining to 31,906
sections 4115.03 to 4115.16 of the Revised Code, the 31,907
administrator DIRECTOR of the bureau of employment services 31,908
COMMERCE may, upon request by a public authority or by a person 31,910
having a contract with a public authority, cause to be made such 31,911
investigation and hearing as the administrator DIRECTOR deems 31,912
necessary and render a decision embodying the administrator's 31,914
DIRECTOR'S findings and conclusions. Unless finally reversed on 31,917
appeal to the courts, the decision of the administrator DIRECTOR 31,918
shall form the basis for decision of any complaint on the same 31,919
facts filed pursuant to sections 4115.03 to 4115.16 of the 31,920
Revised Code.
Sec. 4115.132. In any investigation undertaken by the 31,929
administrator DIRECTOR of the bureau of employment services 31,931
COMMERCE pursuant to sections 4115.03 to 4115.16 of the Revised 31,932
Code, the administrator DIRECTOR, a designated representative, or 31,934
hearing examiner may administer oaths, take and cause to be taken 31,935
depositions of witnesses, issue subpoenas, and compel the 31,936
attendance of witnesses and the production of papers, books, 31,937
accounts, payrolls, documents, records, and testimony relating to 31,938
and relevant to the violation under investigation. In case of 31,939
contumacy, failure, or refusal of any person, contractor, or 31,940
subcontractor to obey the order, any court of common pleas having 31,941
jurisdiction of the person, contractor, or subcontractor, upon 31,942
application of the administrator DIRECTOR or representative 31,943
designated by him THE DIRECTOR shall have jurisdiction to issue 31,945
to the person, contractor, or subcontractor an order requiring
the person, contractor, or subcontractor to appear before him THE 31,947
722
DIRECTOR or a representative designated by him THE DIRECTOR, to 31,949
produce evidence as is ordered, and to give testimony relating to 31,950
the matter under investigation or in question. Any failure to 31,951
obey an order of the court may be punished by the court as a 31,952
contempt thereof.
Sec. 4115.133. (A) The administrator DIRECTOR of the 31,961
bureau of employment services COMMERCE shall file with the 31,963
secretary of state a list of contractors, subcontractors, and 31,964
officers of contractors and subcontractors who have been 31,965
prosecuted and convicted for violations of or have been found to 31,966
have intentionally violated sections 4115.03 to 4115.16 of the 31,967
Revised Code. The administrator DIRECTOR shall not include on 31,968
the list a contractor, subcontractor, or officer of a contractor 31,970
or subcontractor until the expiration of any applicable appeal 31,971
period relative to the finding, or if appealed, until the date of 31,972
the final judgment of a court. 31,973
(B) Each contractor, subcontractor, or officer of a 31,975
contractor or subcontractor who has been prosecuted and convicted 31,976
for violations of or is found to have intentionally violated 31,977
sections 4115.03 to 4115.16 of the Revised Code is prohibited 31,978
from contracting directly or indirectly with any public authority 31,979
for the construction of a public improvement or from performing 31,980
any work on the same as a contractor, subcontractor, or officer 31,981
of a contractor or subcontractor for a period of one year from 31,982
the date of the expiration of the applicable period for filing an 31,983
appeal, or if appealed, from the date of the final judgment of a 31,984
court. If the contractor, subcontractor, or officer of a 31,985
contractor or subcontractor is found to have intentionally 31,986
violated sections 4115.03 to 4115.16 of the Revised Code another 31,987
time within five years after the date specified under division 31,988
(B) of this section, the contractor, subcontractor, or officer of 31,989
a contractor or subcontractor is prohibited from so contracting 31,990
or performing work for a period of three years from the date of 31,991
the expiration of the applicable period for filing an appeal, or 31,992
723
if appealed, from the date of the final judgment of a court. 31,993
(C) No public authority shall award a contract for a 31,995
public improvement to any contractor, subcontractor, or officer 31,996
of a contractor or subcontractor during the time that the 31,997
contractor's, subcontractor's, or officer's name appears on such 31,998
list. The filing of the notice of conviction or of the finding 31,999
with the secretary of state constitutes notice to all public 32,000
authorities. 32,001
Sec. 4115.14. If it is found that a person, public 32,010
authority, or prevailing wage coordinator has not complied with 32,011
sections 4115.03 to 4115.16 of the Revised Code, the 32,012
administrator DIRECTOR of the bureau of employment services 32,014
COMMERCE shall give notice thereof in writing to such person or 32,016
public authority pursuant to section 4115.15 of the Revised Code. 32,018
Sufficient time shall be allowed for compliance therewith as the 32,019
administrator DIRECTOR deems necessary not to exceed thirty days 32,020
from the date of notice.
At the expiration of the time prescribed in such notice, 32,022
the administrator DIRECTOR shall in writing inform the attorney 32,025
general of the fact that such notice has been given and that the 32,026
person, public authority, or prevailing wage coordinator to whom 32,027
it was directed has not complied with such notice. On receipt 32,028
thereof, the attorney general shall bring suit in the name of the 32,029
state in the court of common pleas of the county in which such 32,030
person, public authority, or prevailing wage coordinator is 32,031
located to enjoin the awarding of such contract for a public 32,032
improvement or if the contract has already been awarded to enjoin 32,033
further work under the contract until the requirements of such 32,034
notice are complied with.
The court may issue a temporary restraining order without 32,036
notice to the defendant in such action. Upon final hearing 32,037
thereof, if the court is satisfied that the requirements of the 32,038
notice by the administrator DIRECTOR to the defendant was not 32,041
unreasonable or arbitrary, it shall issue an order enjoining the 32,042
724
defendant from awarding such contract for a public improvement or 32,043
continuing work under the contract until the notice is complied 32,044
with.
Such injunctions shall continue operative until the court 32,046
is satisfied that the requirements of such notice have been 32,047
complied with and the court shall have and exercise with respect 32,048
to the enforcement of such injunctions all the power invested in 32,049
it in other similar cases. 32,050
Both the plaintiff and defendant in such action have the 32,052
same rights of appeal as are provided by law in other injunction 32,053
cases. 32,054
Sec. 4115.15. Where an investigation by the bureau 32,063
DIRECTOR of employment services COMMERCE reveals that a 32,064
contractor or subcontractor has failed to pay the prevailing rate 32,066
of wages, the contracting public authority or the administrator 32,067
of the bureau of employment services DIRECTOR may, upon written 32,068
notice to the contractor or subcontractor and the sureties of the 32,070
contractor or subcontractor, and after hearing held pursuant to 32,071
section 4115.13 of the Revised Code, order work halted on the 32,072
part of the contract for which less than the prevailing rate of
wages has been paid, until the defaulting contractor has filed 32,073
with the bureau DIRECTOR a bond in an amount of such penal sum as 32,074
the bureau DIRECTOR shall set, conditioned upon payment of the 32,076
prevailing rate of wages.
Sec. 4115.16. (A) An interested party may file a 32,085
complaint with the administrator DIRECTOR of the bureau of 32,087
employment services COMMERCE alleging a violation of sections 32,088
4115.03 to 4115.16 of the Revised Code. The administrator 32,089
DIRECTOR, upon receipt of a complaint, shall investigate pursuant 32,091
to section 4115.13 of the Revised Code. If the administrator 32,092
DIRECTOR determines that no violation has occurred or that the 32,093
violation was not intentional, the interested party may appeal 32,095
the decision to the court of common pleas of the county where the 32,096
violation is alleged to have occurred.
725
(B) If the administrator DIRECTOR has not ruled on the 32,098
merits of the complaint within sixty days after its filing, the 32,100
interested party may file a complaint in the court of common 32,101
pleas of the county in which the violation is alleged to have 32,102
occurred. The complaint may make the contracting public 32,103
authority a party to the action, but not the administrator 32,104
DIRECTOR. Contemporaneous with service of the complaint, the 32,107
interested party shall deliver a copy of the complaint to the 32,108
administrator DIRECTOR. Upon receipt thereof, the administrator 32,110
DIRECTOR shall cease investigating or otherwise acting upon the 32,112
complaint filed with him pursuant to division (A) of this 32,113
section. The court in which the complaint is filed pursuant to 32,114
this division shall hear and decide the case, and upon finding 32,115
that a violation has occurred, shall make such orders as will 32,116
prevent further violation and afford to injured persons the 32,117
relief specified under sections 4115.03 to 4115.16 of the Revised 32,118
Code. The court's finding that a violation has occurred shall 32,119
have the same consequences as a like determination by the 32,120
administrator DIRECTOR. The court may order the administrator 32,122
DIRECTOR to take such action as will prevent further violation 32,123
and afford to injured persons the remedies specified under 32,124
sections 4115.03 to 4115.16 of the Revised Code. Upon receipt of 32,125
any order of the court pursuant to this section, the 32,126
administrator DIRECTOR shall undertake enforcement action without 32,129
further investigation or hearings.
(C) The administrator DIRECTOR shall make available to the 32,131
parties to any appeal or action pursuant to this section all 32,133
files, documents, affidavits, or other information in the 32,134
administrator's DIRECTOR'S possession that pertains PERTAIN to 32,136
the matter. The rules generally applicable to civil actions in 32,138
the courts of this state shall govern all appeals or actions 32,139
under this section. Any determination of a court under this 32,140
section is subject to appellate review. 32,141
(D) Where, pursuant to this section, a court finds a 32,143
726
violation of sections 4115.03 to 4115.16 of the Revised Code, the 32,144
court shall award attorney fees and court costs to the prevailing 32,145
party. In the event the court finds that no violation has 32,146
occurred, the court may award court costs and attorney fees to 32,147
the prevailing party, other than to the bureau of employment 32,149
services DIRECTOR or the public authority, where the court finds 32,151
the action brought was unreasonable or without foundation, even 32,153
though not brought in subjective bad faith.
Sec. 4115.32. (A) There is hereby created the state 32,162
committee for the purchase of products and services provided by 32,163
persons with severe disabilities. The committee shall be 32,165
composed ex officio of the following persons, or their designees: 32,166
(1) The directors of administrative services, mental 32,169
health, mental retardation and developmental disabilities, 32,170
transportation, and natural resources, AND COMMERCE; 32,171
(2) The administrators of the rehabilitation services 32,174
commission, the bureau of employment services, and the bureau of 32,175
workers' compensation;
(3) The secretary of state; 32,177
(4) One representative of a purchasing department of a 32,180
political subdivision who is designated by the governor. 32,181
The governor shall appoint two representatives of a 32,184
qualified nonprofit agency for persons with severe disabilities,
and a person with a severe disability to the committee. 32,185
(B) Within thirty days after the effective date of this 32,187
amendment SEPTEMBER 29, 1995, the governor shall appoint the 32,189
representatives of a qualified nonprofit agency for persons with 32,191
severe disabilities to the committee for a term ending August 31, 32,192
1996. Thereafter, terms for such representatives are for three 32,194
years, each term ending on the same day of the same month of the 32,195
year as did the term that it succeeds. Each committee member 32,196
shall serve from the date of the member's appointment until the 32,198
end of the term for which the member was appointed. Vacancies 32,199
shall be filled in the same manner provided for original
727
appointments. Any member appointed to fill a vacancy occurring 32,200
prior to the expiration date of the term for which the member's 32,201
predecessor was appointed shall serve as a member for the 32,202
remainder of that term. A member shall serve subsequent to the 32,203
expiration of the member's term and shall continue to serve until 32,205
the member's successor takes office.
(C) Members of the committee shall serve without 32,207
compensation. Except as otherwise provided in divisions (C)(1) 32,209
and (2) of this section, members shall be reimbursed for actual 32,210
and necessary expenses, including travel expenses, incurred while 32,211
away from their homes or regular places of business and incurred
while performing services for the committee. 32,212
(1) The members listed in divisions (A)(1) to (3) of this 32,214
section, or their designees, shall not be reimbursed for any 32,215
expenses.
(2) No member of the committee who is entitled to receive 32,217
reimbursement for the performance of services for the committee 32,218
from another agency or entity shall receive reimbursement from 32,219
the committee.
(D) The committee shall elect from among its members a 32,221
chairperson. The committee may request from any agency of the 32,222
state, political subdivision, or instrumentality of the state any 32,224
information necessary to enable it to carry out the intent of
sections 4115.31 to 4115.35 of the Revised Code. Upon request of 32,227
the committee, the agency, subdivision, or instrumentality shall
furnish the information to the chairperson of the committee. 32,229
(E) The committee shall not later than one hundred eighty 32,231
days following the close of each fiscal year transmit to the 32,232
governor, the general assembly, and each qualified nonprofit 32,234
agency for persons with severe disabilities a report that 32,235
includes the names of the committee members serving during the
preceding fiscal year, the dates of committee meetings in that 32,236
year, and any recommendations for changes in sections 4115.31 to 32,237
4115.35 of the Revised Code that the committee determines are 32,238
728
necessary.
(F) The director of mental retardation and developmental 32,240
disabilities shall designate a subordinate to act as executive 32,241
director of the committee and shall furnish other staff and 32,243
clerical assistance, office space, and supplies required by the 32,244
committee. 32,245
Sec. 4121.69. (A) The administrator of workers' 32,254
compensation may establish compensation plans, including 32,255
schedules of hourly rates, for the compensation of professional, 32,256
administrative, and managerial employees who are employed to 32,257
fulfill the duties placed upon the bureau of workers' 32,258
compensation pursuant to sections 4121.61 to 4121.69 of the 32,259
Revised Code. The administrator may establish rules or policies 32,260
for the administration of the respective compensation plans. 32,261
This division does not apply to employees for whom the 32,263
state employment relations board establishes appropriate 32,264
bargaining units pursuant to section 4117.06 of the Revised Code. 32,265
(B) The administrator may employ the services and 32,267
resources of any public entity or private person, business, or 32,268
association in fulfilling the duties placed upon the bureau of 32,269
workers' compensation by sections 4121.61 to 4121.69 of the 32,270
Revised Code. The rehabilitation services commission, the bureau 32,271
DIRECTOR of employment JOB AND FAMILY services, and any other 32,273
public officer, employee, or agency shall give to the bureau of 32,274
workers' compensation full cooperation and, at the request of the 32,275
administrator, enter into a written agreement stating the 32,276
procedures and criteria for referring, accepting, and providing 32,277
services to claimants in the job placement and rehabilitation 32,278
efforts of the bureau of workers' compensation on behalf of a 32,279
claimant when referred by the bureau of workers' compensation. 32,280
(C) In appropriate cases, the bureau may refer a candidate 32,282
to the rehabilitation services commission for participation in a 32,283
program of the commission. For that purpose, the bureau of 32,284
workers' compensation shall compensate the commission for the 32,285
729
nonfederal portion of its services. 32,286
Sec. 4123.038. As used in this section and section 32,295
4123.039 of the Revised Code: 32,296
(A) "Apprentice" and "apprenticeship agreement" have the 32,298
meaning defined in section 4111.25 of the Revised Code. 32,299
(B) "Related and supplemental instructions" means training 32,301
offered, conducted, supervised, or given under the sponsorship of 32,302
any joint apprenticeship committee or other sponsoring 32,303
organization to apprentices, which training is given in addition 32,304
to the approved schedule of work experience through employment, 32,305
and which is to be credited towards the minimum hours of related 32,306
and supplemental instructions required by section 4111.25 4139.01 32,308
of the Revised Code. 32,309
(C) "Pre-apprentice" means a person who receives formal 32,311
classroom training designed to provide him THE PERSON with the 32,312
basic education, attitudes, skills, trade knowledge, and 32,313
motivation necessary to enter a formal apprenticeship program. 32,314
(D) "Entry-level trainee" means a person who possesses 32,316
experience that would qualify him THE PERSON as a journeyman 32,318
JOURNEYPERSON but for the existence of certain other
disqualifying conditions and who receives on-the-job training 32,319
accompanied by classroom instruction outside of normal working 32,321
hours.
(E) "Journeyman JOURNEYPERSON trainee" means a person with 32,323
journeyman JOURNEYPERSON status in a given trade who receives 32,324
classroom and laboratory training for the purpose of broadening 32,326
his THE PERSON'S skills and acquainting him THE PERSON with new 32,327
techniques and ideas in the trade. 32,328
Sec. 4123.27. Information contained in the annual 32,337
statement provided for in section 4123.26 of the Revised Code, 32,338
and such other information as may be furnished to the bureau of 32,339
workers' compensation by employers in pursuance of that section, 32,340
is for the exclusive use and information of the bureau in the 32,341
discharge of its official duties, and shall not be open to the 32,342
730
public nor be used in any court in any action or proceeding 32,343
pending therein unless the bureau is a party to the action or 32,344
proceeding; but the information contained in the statement may be 32,345
tabulated and published by the bureau in statistical form for the 32,346
use and information of other state departments and the public. 32,347
No person in the employ of the bureau, except those who are 32,348
authorized by the administrator of workers' compensation, shall 32,349
divulge any information secured by him THE PERSON while in the 32,350
employ of the bureau in respect to the transactions, property, 32,351
claim files, records, or papers of the bureau or in respect to 32,352
the business or mechanical, chemical, or other industrial process 32,353
of any company, firm, corporation, person, association, 32,354
partnership, or public utility to any person other than the 32,355
administrator or to the superior of such employee of the bureau. 32,356
Notwithstanding the restrictions imposed by this section, 32,358
the governor, select or standing committees of the general 32,359
assembly, the auditor of state, the attorney general, or their 32,360
designees, pursuant to the authority granted in this chapter and 32,361
Chapter 4121. of the Revised Code, may examine any records, claim 32,362
files, or papers in possession of the industrial commission or 32,363
the bureau. They also are bound by the privilege that attaches 32,364
to these papers. 32,365
The administrator shall report to the director of human JOB 32,367
AND FAMILY services or to the county director of human JOB AND 32,368
FAMILY services the name, address, and social security number or 32,370
other identification number of any person receiving workers' 32,371
compensation whose name or social security number or other 32,372
identification number is the same as that of a person required by 32,373
a court or child support enforcement agency to provide support 32,374
payments to a recipient or participant of public assistance, and 32,375
whose name is submitted to the administrator by the director 32,376
under section 5101.36 of the Revised Code. The administrator 32,377
also shall inform the director of the amount of workers' 32,378
compensation paid to the person during such period as the 32,379
731
director specifies.
Within fourteen days after receiving from the director of 32,381
human JOB AND FAMILY services a list of the names and social 32,382
security numbers of recipients or participants of public 32,384
assistance pursuant to section 5101.181 of the Revised Code, the 32,386
administrator shall inform the auditor of state of the name, 32,387
current or most recent address, and social security number of 32,388
each person receiving workers' compensation pursuant to this 32,389
chapter whose name and social security number are the same as 32,390
that of a person whose name or social security number was 32,391
submitted by the director. The administrator also shall inform 32,392
the auditor of state of the amount of workers' compensation paid 32,393
to the person during such period as the director specifies. 32,394
The bureau and its employees, except for purposes of 32,396
furnishing the auditor of state with information required by this 32,397
section, shall preserve the confidentiality of recipients or 32,398
participants of public assistance in compliance with division (A) 32,399
of section 5101.181 of the Revised Code. 32,401
For the purposes of this section, "public assistance" means 32,403
medical assistance provided through the medical assistance 32,404
program established under section 5111.01 of the Revised Code, 32,405
Ohio works first provided under Chapter 5107. of the Revised 32,407
Code, prevention, retention, and contingency assistance provided
under Chapter 5108. of the Revised Code, or disability assistance 32,408
provided under Chapter 5115. of the Revised Code. 32,409
Sec. 4123.56. (A) Except as provided in division (D) of 32,418
this section, in the case of temporary disability, an employee 32,419
shall receive sixty-six and two-thirds per cent of his THE 32,420
EMPLOYEE'S average weekly wage so long as such disability is 32,422
total, not to exceed a maximum amount of weekly compensation 32,423
which is equal to the statewide average weekly wage as defined in 32,424
division (C) of section 4123.62 of the Revised Code, and not less 32,425
than a minimum amount of compensation which is equal to 32,426
thirty-three and one-third per cent of the statewide average 32,427
732
weekly wage as defined in division (C) of section 4123.62 of the 32,428
Revised Code unless the employee's wage is less than thirty-three 32,429
and one-third per cent of the minimum statewide average weekly 32,430
wage, in which event he THE EMPLOYEE shall receive compensation 32,431
equal to his THE EMPLOYEE'S full wages; provided that for the 32,433
first twelve weeks of total disability the employee shall receive 32,434
seventy-two per cent of his THE EMPLOYEE'S full weekly wage, but 32,435
not to exceed a maximum amount of weekly compensation which is 32,436
equal to the lesser of the statewide average weekly wage as 32,437
defined in division (C) of section 4123.62 of the Revised Code or 32,438
one hundred per cent of the employee's net take-home weekly wage. 32,439
In the case of a self-insuring employer, payments shall be for a 32,441
duration based upon the medical reports of the attending 32,442
physician. If the employer disputes the attending physician's 32,443
report, payments may be terminated only upon application and 32,444
hearing by a district hearing officer pursuant to division (C) of 32,445
section 4123.511 of the Revised Code. Payments shall continue 32,446
pending the determination of the matter, however payment shall 32,447
not be made for the period when any employee has returned to 32,448
work, when an employee's treating physician has made a written 32,449
statement that the employee is capable of returning to his THE 32,450
EMPLOYEE'S former position of employment, when work within the 32,451
physical capabilities of the employee is made available by the 32,452
employer or another employer, or when the employee has reached 32,453
the maximum medical improvement. Where the employee is capable 32,454
of work activity, but his THE EMPLOYEE'S employer is unable to 32,456
offer him THE EMPLOYEE any employment, the employee shall
register with the bureau DIRECTOR of employment JOB AND FAMILY 32,458
services, which WHO shall assist the employee in finding suitable 32,461
employment. The termination of temporary total disability, 32,462
whether by order or otherwise, does not preclude the commencement 32,463
of temporary total disability at another point in time if the 32,464
employee again becomes temporarily totally disabled.
After two hundred weeks of temporary total disability 32,466
733
benefits, the bureau medical section OF THE BUREAU OF WORKERS' 32,467
COMPENSATION shall schedule the claimant for an examination for 32,469
an evaluation to determine whether or not the temporary 32,470
disability has become permanent. A self-insuring employer shall 32,471
notify the bureau of workers' compensation immediately after 32,472
payment of two hundred weeks of temporary total disability and 32,473
request that the bureau of workers' compensation schedule the 32,474
claimant for such an examination.
When the employee is awarded compensation for temporary 32,476
total disability for a period for which he THE EMPLOYEE has 32,477
received benefits under Chapter 4141. of the Revised Code, the 32,478
bureau of workers' compensation shall pay an amount equal to the 32,479
amount received from the award to the bureau DIRECTOR of 32,480
employment JOB AND FAMILY services and the administrator of 32,483
employment services DIRECTOR shall credit the amount to the 32,485
accounts of the employers to whose accounts the payment of
benefits was charged or is chargeable to the extent it was 32,486
charged or is chargeable. 32,487
If any compensation under this section has been paid for 32,489
the same period or periods for which temporary nonoccupational 32,490
accident and sickness insurance is or has been paid pursuant to 32,491
an insurance policy or program to which the employer has made the 32,492
entire contribution or payment for providing insurance or under a 32,493
nonoccupational accident and sickness program fully funded by the 32,494
employer, compensation paid under this section for the period or 32,495
periods shall be paid only to the extent by which the payment or 32,496
payments exceeds the amount of the nonoccupational insurance or 32,497
program paid or payable. Offset of the compensation shall be 32,498
made only upon the prior order of the bureau of workers' 32,499
compensation or industrial commission or agreement of the 32,500
claimant. 32,501
As used in this division, "net take-home weekly wage" means 32,503
the amount obtained by dividing an employee's total remuneration, 32,504
as defined in section 4141.01 of the Revised Code, paid to or 32,505
734
earned by the employee during the first four of the last five 32,506
completed calendar quarters which immediately precede the first 32,507
day of the employee's entitlement to benefits under this 32,508
division, by the number of weeks during which the employee was 32,509
paid or earned remuneration during those four quarters, less the 32,510
amount of local, state, and federal income taxes deducted for 32,511
each such week. 32,512
(B) Where an employee in a claim allowed under this 32,514
chapter suffers a wage loss as a result of returning to 32,515
employment other than his THE EMPLOYEE'S former position of 32,516
employment or as a result of being unable to find employment 32,517
consistent with the claimant's physical capabilities, he THE 32,518
EMPLOYEE shall receive compensation at sixty-six and two-thirds 32,519
per cent of his THE EMPLOYEE'S weekly wage loss not to exceed the 32,520
statewide average weekly wage for a period not to exceed two 32,521
hundred weeks.
(C) In the event an employee of a professional sports 32,523
franchise domiciled in this state is disabled as the result of an 32,525
injury or occupational disease, the total amount of payments made
under a contract of hire or collective bargaining agreement to 32,526
the employee during a period of disability is deemed an advanced 32,527
payment of compensation payable under sections 4123.56 to 4123.58 32,528
of the Revised Code. The employer shall be reimbursed the total 32,529
amount of the advanced payments out of any award of compensation 32,530
made pursuant to sections 4123.56 to 4123.58 of the Revised Code. 32,531
(D) If an employee receives temporary total disability 32,533
benefits pursuant to division (A) of this section and social 32,534
security retirement benefits pursuant to the "Social Security 32,535
Act," the weekly benefit amount under division (A) of this 32,536
section shall not exceed sixty-six and two-thirds per cent of the 32,537
statewide average weekly wage as defined in division (C) of 32,538
section 4123.62 of the Revised Code. 32,539
Sec. 4123.62. (A) If it is established that an injured or 32,548
disabled employee was of such age and experience when injured or 32,549
735
disabled as that under natural conditions his AN INJURED OR 32,550
DISABLED EMPLOYEE'S wages would be expected to increase, the 32,552
administrator of workers' compensation may consider that fact in 32,553
arriving at his AN INJURED OR DISABLED EMPLOYEE'S average weekly 32,554
wage.
(B) On each first day of January, the current maximum 32,556
monthly benefit amounts provided in sections 4123.412, 4123.413, 32,557
and 4123.414 of the Revised Code in injury cases shall be 32,558
adjusted based on the United States department of labor's 32,559
national consumer price index. The percentage increase in the 32,560
cost of living using the index figure for the first day of 32,561
September of the preceding year and the first day of September of 32,562
the year preceding that year shall be applied to the maximums in 32,563
effect on the preceding thirty-first day of December to obtain 32,564
the increase in the cost of living during that year. 32,565
In determining the increase in the maximum benefits for any 32,567
year after 1972, the base shall be the national consumer price 32,568
index on the first day of September of the preceding year. The 32,569
increase in the index for the applicable twelve-month period 32,570
shall be determined and shall be divided by the base used. The 32,571
resulting percentage shall be applied to the existing maximums to 32,572
arrive at the new maximums. 32,573
(C) Effective January 1, 1974, and each first day of 32,575
January thereafter, the current maximum weekly benefit amounts 32,576
provided in sections 4123.56, 4123.58, and 4123.59, and division 32,577
(B) of section 4123.57 of the Revised Code shall be adjusted 32,578
based on the increase or decrease in the statewide average weekly 32,579
wage. 32,580
"Statewide average weekly wage" means the average weekly 32,582
earnings of all workers in Ohio employment subject to Chapter 32,583
4141. of the Revised Code as determined as of the first day of 32,584
September for the four full calendar quarters preceding the first 32,585
day of July of each year, by the administrator DIRECTOR of the 32,587
bureau of employment JOB AND FAMILY services.
736
The statewide average weekly wage to be used for the 32,589
determination of compensation for any employee who sustains an 32,590
injury, or death, or who contracts an occupational disease during 32,591
the subsequent calendar year beginning with the first day of 32,592
January, shall be the statewide average weekly wage so determined 32,593
as of the prior first day of September adjusted to the next 32,594
higher even multiple of one dollar. 32,595
Any change in benefit amounts is effective with respect to 32,597
injuries sustained, occupational diseases contracted, and deaths 32,598
occurring during the calendar year for which adjustment is made. 32,599
In determining the change in the maximum benefits for any 32,601
year after 1978, the base shall be the statewide average weekly 32,602
wage on the first day of September of the preceding year. 32,603
Sec. 4111.25 4139.01. As used in sections 4111.25 4139.01 32,613
to 4111.30 4139.06 of the Revised Code: 32,614
(A) "Apprentice" means a person at least sixteen years of 32,616
age who is covered by an apprenticeship agreement. 32,617
(B) "Apprenticeship agreement" means a written agreement, 32,619
registered with the Ohio state apprenticeship council, providing 32,620
for not less than two thousand hours of reasonably continuous 32,621
employment, and for participation in an approved schedule of work 32,622
experience through employment, which shall be supplemented by a 32,623
minimum of one hundred forty-four hours per year of related and 32,624
supplemental instructions.
Sec. 4111.26 4139.02. There is hereby established in the 32,633
bureau DEPARTMENT of employment JOB AND FAMILY services an 32,635
apprenticeship council consisting of nine members and selected by 32,637
the administrator of the bureau DIRECTOR of employment JOB AND 32,638
FAMILY services as follows: three of the appointees to such 32,639
council shall be individuals who, by reason of their previous 32,640
vocation, employment, or affiliations, can be classified as 32,641
representatives of employees; three of the appointees to such 32,642
council shall be individuals who, by reason of their previous 32,643
vocation, employment, or affiliations, can be classified as
737
representatives of employers; and three of the appointees to such 32,644
council shall be individuals who, by reason of their previous 32,645
vocation, employment, or affiliations, can be classified as 32,646
representatives of the public and shall not be directly concerned 32,647
with any industrial employer or group of employees. The members 32,648
of the council shall serve at the pleasure of the administrator
DIRECTOR, and shall serve without compensation but shall be paid 32,651
their necessary expenses which are incurred in the discharge of 32,652
their official duties.
Sec. 4111.27 4139.03. The apprenticeship council may 32,661
establish minimum standards for apprenticeship programs and may 32,662
formulate policies and issue rules as may be necessary to carry 32,664
out the purpose of sections 4111.26 4139.01 to 4111.30 4139.06 of 32,665
the Revised Code. The council shall determine the date and place 32,666
of its meetings and shall prescribe its own rules of procedure. 32,667
Sec. 4111.28 4139.04. The administrator of the bureau 32,676
DIRECTOR of employment JOB AND FAMILY services shall appoint the 32,679
executive secretary of the apprenticeship council, which 32,680
appointment shall be subject to confirmation by a majority vote 32,681
of the council. The administrator DIRECTOR shall appoint such 32,682
additional personnel as may be necessary, subject to Chapter 124. 32,684
of the Revised Code.
Sec. 4111.29 4139.05. The executive secretary of the 32,693
apprenticeship council has the following duties: 32,695
(A) Encourage the voluntary participation of employers and 32,697
employees in the furtherance of the objective of sections 4111.25 32,698
4139.01 to 4111.30 4139.06 of the Revised Code; 32,700
(B) Register any apprenticeship programs and agreements 32,702
that meet the minimum standards established by the council; 32,703
(C) Terminate or cancel on the authority of the council 32,705
any registered apprenticeship programs and agreements not in 32,706
accordance with the provisions of such standards; 32,707
(D) Keep a record of apprenticeship programs and their 32,709
disposition;
738
(E) Issue certificate of completion of apprenticeship in 32,711
accordance with the council's standards; 32,712
(F) Devise all necessary procedures and records; 32,714
(G) Prepare statistical reports regarding apprenticeship 32,716
training;
(H) Issue information related to apprenticeship; 32,718
(I) Perform such other duties as the council may direct. 32,720
Sec. 4111.30 4139.06. Participation in apprenticeship 32,726
programs by persons, firms, political subdivisions, corporations, 32,728
employer associations, or organizations of employees shall be 32,729
entirely on a voluntary basis and apply only to those who elect 32,730
to subscribe to the standards and procedure established under
sections 4111.25 4139.01 to 4111.30 4139.06 of the Revised Code. 32,732
Sec. 4141.01. As used in this chapter, unless the context 32,741
otherwise requires: 32,742
(A)(1) "Employer" means the state, its instrumentalities, 32,744
its political subdivisions and their instrumentalities, and any 32,745
individual or type of organization including any partnership, 32,746
limited liability company, association, trust, estate, 32,747
joint-stock company, insurance company, or corporation, whether 32,749
domestic or foreign, or the receiver, trustee in bankruptcy, 32,750
trustee, or the successor thereof, or the legal representative of 32,751
a deceased person who subsequent to December 31, 1971, or in the 32,752
case of political subdivisions or their instrumentalities, 32,753
subsequent to December 31, 1973: 32,754
(a) Had in employment at least one individual, or in the 32,756
case of a nonprofit organization, subsequent to December 31, 32,757
1973, had not less than four individuals in employment for some 32,758
portion of a day in each of twenty different calendar weeks, in 32,759
either the current or the preceding calendar year whether or not 32,760
the same individual was in employment in each such day; or 32,761
(b) Except for a nonprofit organization, had paid for 32,763
service in employment wages of fifteen hundred dollars or more in 32,764
any calendar quarter in either the current or preceding calendar 32,765
739
year; or 32,766
(c) Had paid, subsequent to December 31, 1977, for 32,768
employment in domestic service in a local college club, or local 32,769
chapter of a college fraternity or sorority, cash remuneration of 32,770
one thousand dollars or more in any calendar quarter in the 32,771
current calendar year or the preceding calendar year, or had paid 32,772
subsequent to December 31, 1977, for employment in domestic 32,773
service in a private home cash remuneration of one thousand 32,774
dollars in any calendar quarter in the current calendar year or 32,776
the preceding calendar year:
(i) For the purposes of divisions (A)(1)(a) and (b) of 32,778
this section, there shall not be taken into account any wages 32,779
paid to, or employment of, an individual performing domestic 32,780
service as described in this division. 32,781
(ii) An employer under this division shall not be an 32,783
employer with respect to wages paid for any services other than 32,784
domestic service unless the employer is also found to be an 32,785
employer under division (A)(1)(a), (b), or (d) of this section. 32,786
(d) As a farm operator or a crew leader subsequent to 32,788
December 31, 1977, had in employment individuals in agricultural 32,789
labor; and 32,790
(i) During any calendar quarter in the current calendar 32,792
year or the preceding calendar year, paid cash remuneration of 32,793
twenty thousand dollars or more for the agricultural labor; or 32,794
(ii) Had at least ten individuals in employment in 32,796
agricultural labor, not including agricultural workers who are 32,797
aliens admitted to the United States to perform agricultural 32,798
labor pursuant to sections 214(e) and 101(a)(15)(H) of the 32,800
"Immigration and Nationality Act," 66 Stat. 163, 8 U.S.C.A. 32,801
1101(a)(15)(H)(ii)(a), for some portion of a day in each of the 32,803
twenty different calendar weeks, in either the current or 32,804
preceding calendar year whether or not the same individual was in 32,805
employment in each day; or
(e) Is not otherwise an employer as defined under division 32,807
740
(A)(1)(a) or (b) of this section; and 32,808
(i) For which, within either the current or preceding 32,810
calendar year, service, except for domestic service in a private 32,811
home not covered under division (A)(1)(c) of this section, is or 32,812
was performed with respect to which such employer is liable for 32,813
any federal tax against which credit may be taken for 32,814
contributions required to be paid into a state unemployment fund; 32,815
(ii) Which, as a condition for approval of this chapter 32,817
for full tax credit against the tax imposed by the "Federal 32,818
Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301 to 3311, is 32,820
required, pursuant to such act to be an employer under this 32,821
chapter; or 32,822
(iii) Who became an employer by election under division 32,824
(A)(4) or (5) of this section and for the duration of such 32,825
election; or 32,826
(f) In the case of the state, its instrumentalities, its 32,828
political subdivisions, and their instrumentalities, had in 32,829
employment, as defined in division (B)(2)(a) of this section, at 32,830
least one individual; 32,831
(g) For the purposes of division (A)(1)(a) of this 32,833
section, if any week includes both the thirty-first day of 32,834
December and the first day of January, the days of that week 32,835
before the first day of January shall be considered one calendar 32,836
week and the days beginning the first day of January another 32,837
week. 32,838
(2) Each individual employed to perform or to assist in 32,840
performing the work of any agent or employee of an employer is 32,841
employed by such employer for all the purposes of this chapter, 32,842
whether such individual was hired or paid directly by such 32,843
employer or by such agent or employee, provided the employer had 32,844
actual or constructive knowledge of the work. All individuals 32,845
performing services for an employer of any person in this state 32,846
who maintains two or more establishments within this state are 32,847
employed by a single employer for the purposes of this chapter. 32,848
741
(3) An employer subject to this chapter within any 32,850
calendar year is subject to this chapter during the whole of such 32,851
year and during the next succeeding calendar year. 32,852
(4) An employer not otherwise subject to this chapter who 32,854
files with the administrator DIRECTOR of the bureau of employment 32,856
JOB AND FAMILY services a written election to become an employer 32,857
subject to this chapter for not less than two calendar years 32,858
shall, with the written approval of such election by the 32,859
administrator DIRECTOR, become an employer subject to this 32,861
chapter to the same extent as all other employers as of the date 32,862
stated in such approval, and shall cease to be subject to this 32,863
chapter as of the first day of January of any calendar year 32,864
subsequent to such two calendar years only if at least thirty 32,865
days prior to such first day of January the employer has filed 32,866
with the administrator DIRECTOR a written notice to that effect. 32,867
(5) Any employer for whom services that do not constitute 32,869
employment are performed may file with the administrator DIRECTOR 32,871
a written election that all such services performed by 32,872
individuals in the employer's employ in one or more distinct 32,873
establishments or places of business shall be deemed to 32,874
constitute employment for all the purposes of this chapter, for 32,875
not less than two calendar years. Upon written approval of the 32,876
election by the administrator DIRECTOR, such services shall be 32,877
deemed to constitute employment subject to this chapter from and 32,878
after the date stated in such approval. Such services shall 32,879
cease to be employment subject to this chapter as of the first 32,880
day of January of any calendar year subsequent to such two 32,881
calendar years only if at least thirty days prior to such first 32,882
day of January such employer has filed with the administrator 32,883
DIRECTOR a written notice to that effect.
(B)(1) "Employment" means service performed by an 32,886
individual for remuneration under any contract of hire, written 32,888
or oral, express or implied, including service performed in 32,889
interstate commerce and service performed by an officer of a 32,890
742
corporation, without regard to whether such service is executive, 32,891
managerial, or manual in nature, and without regard to whether 32,892
such officer is a stockholder or a member of the board of 32,893
directors of the corporation, unless it is shown to the 32,894
satisfaction of the administrator DIRECTOR that such individual 32,895
has been and will continue to be free from direction or control 32,896
over the performance of such service, both under a contract of 32,899
service and in fact. The administrator DIRECTOR shall adopt 32,900
rules to define "direction or control." 32,901
(2) "Employment" includes: 32,903
(a) Service performed after December 31, 1977, by an 32,905
individual in the employ of the state or any of its 32,906
instrumentalities, or any political subdivision thereof or any of 32,907
its instrumentalities or any instrumentality of more than one of 32,908
the foregoing or any instrumentality of any of the foregoing and 32,909
one or more other states or political subdivisions and without 32,910
regard to divisions (A)(1)(a) and (b) of this section, provided 32,911
that such service is excluded from employment as defined in the 32,912
"Federal Unemployment Tax Act," 53 Stat. 183, 26 U.S.C.A. 3301, 32,913
3306(c)(7) and is not excluded under division (B)(3) of this 32,914
section; or the services of employees covered by voluntary 32,915
election, as provided under divisions (A)(4) and (5) of this 32,916
section; 32,917
(b) Service performed after December 31, 1971, by an 32,919
individual in the employ of a religious, charitable, educational, 32,920
or other organization which is excluded from the term 32,921
"employment" as defined in the "Federal Unemployment Tax Act," 84 32,922
Stat. 713, 26 U.S.C.A. 3301 to 3311, solely by reason of section 32,924
26 U.S.C.A. 3306(c)(8) of that act and is not excluded under 32,925
division (B)(3) of this section; 32,926
(c) Domestic service performed after December 31, 1977, 32,928
for an employer, as provided in division (A)(1)(c) of this 32,929
section; 32,930
(d) Agricultural labor performed after December 31, 1977, 32,932
743
for a farm operator or a crew leader, as provided in division 32,933
(A)(1)(d) of this section; 32,934
(e) Service not covered under division (B)(1) of this 32,936
section which is performed after December 31, 1971: 32,937
(i) As an agent-driver or commission-driver engaged in 32,939
distributing meat products, vegetable products, fruit products, 32,940
bakery products, beverages other than milk, laundry, or 32,941
dry-cleaning services, for the individual's employer or 32,942
principal; 32,943
(ii) As a traveling or city salesperson, other than as an 32,945
agent-driver or commission-driver, engaged on a full-time basis 32,946
in the solicitation on behalf of and in the transmission to the 32,948
salesperson's employer or principal except for sideline sales 32,949
activities on behalf of some other person of orders from 32,950
wholesalers, retailers, contractors, or operators of hotels, 32,951
restaurants, or other similar establishments for merchandise for 32,952
resale, or supplies for use in their business operations, 32,953
provided that for the purposes of this division (B)(2)(e)(ii) of 32,954
this section, the services shall be deemed employment if the 32,955
contract of service contemplates that substantially all of the 32,956
services are to be performed personally by the individual and 32,957
that the individual does not have a substantial investment in 32,958
facilities used in connection with the performance of the 32,959
services other than in facilities for transportation, and the 32,960
services are not in the nature of a single transaction that is 32,961
not a part of a continuing relationship with the person for whom 32,962
the services are performed. 32,963
(f) An individual's entire service performed within or 32,965
both within and without the state if: 32,966
(i) The service is localized in this state. 32,968
(ii) The service is not localized in any state, but some 32,970
of the service is performed in this state and either the base of 32,971
operations, or if there is no base of operations then the place 32,972
from which such service is directed or controlled, is in this 32,973
744
state or the base of operations or place from which such service 32,974
is directed or controlled is not in any state in which some part 32,975
of the service is performed but the individual's residence is in 32,976
this state. 32,977
(g) Service not covered under division (B)(2)(f)(ii) of 32,979
this section and performed entirely without this state, with 32,980
respect to no part of which contributions are required and paid 32,981
under an unemployment compensation law of any other state, the 32,982
Virgin Islands, Canada, or of the United States, if the 32,983
individual performing such service is a resident of this state 32,984
and the administrator of the bureau of employment services 32,985
DIRECTOR approves the election of the employer for whom such 32,987
services are performed; or, if the individual is not a resident 32,988
of this state but the place from which the service is directed or 32,990
controlled is in this state, the entire services of such 32,991
individual shall be deemed to be employment subject to this 32,992
chapter, provided service is deemed to be localized within this 32,993
state if the service is performed entirely within this state or 32,994
if the service is performed both within and without this state 32,995
but the service performed without this state is incidental to the 32,996
individual's service within the state, for example, is temporary 32,997
or transitory in nature or consists of isolated transactions; 32,998
(h) Service of an individual who is a citizen of the 33,000
United States, performed outside the United States except in 33,001
Canada after December 31, 1971, or the Virgin Islands, after 33,002
December 31, 1971, and before the first day of January of the 33,003
year following that in which the United States secretary of labor 33,004
approves the Virgin Islands law for the first time, in the employ 33,005
of an American employer, other than service which is "employment" 33,006
under divisions (B)(2)(f) and (g) of this section or similar 33,007
provisions of another state's law, if: 33,008
(i) The employer's principal place of business in the 33,010
United States is located in this state; 33,011
(ii) The employer has no place of business in the United 33,013
745
States, but the employer is an individual who is a resident of 33,014
this state; or the employer is a corporation which is organized 33,015
under the laws of this state, or the employer is a partnership or 33,016
a trust and the number of partners or trustees who are residents 33,017
of this state is greater than the number who are residents of any 33,018
other state; or 33,019
(iii) None of the criteria of divisions (B)(2)(f)(i) and 33,021
(ii) of this section is met but the employer has elected coverage 33,022
in this state or the employer having failed to elect coverage in 33,023
any state, the individual has filed a claim for benefits, based 33,024
on such service, under this chapter. 33,025
(i) For the purposes of division (B)(2)(h) of this 33,027
section, the term "American employer" means an employer who is an 33,028
individual who is a resident of the United States; or a 33,029
partnership, if two-thirds or more of the partners are residents 33,030
of the United States; or a trust, if all of the trustees are 33,031
residents of the United States; or a corporation organized under 33,032
the laws of the United States or of any state, provided the term 33,033
"United States" includes the states, the District of Columbia, 33,034
the Commonwealth of Puerto Rico, and the Virgin Islands. 33,035
(j) Notwithstanding any other provisions of divisions 33,037
(B)(1) and (2) of this section, service, except for domestic 33,038
service in a private home not covered under division (A)(1)(c) of 33,039
this section, with respect to which a tax is required to be paid 33,040
under any federal law imposing a tax against which credit may be 33,041
taken for contributions required to be paid into a state 33,042
unemployment fund, or service, except for domestic service in a 33,043
private home not covered under division (A)(1)(c) of this 33,044
section, which, as a condition for full tax credit against the 33,045
tax imposed by the "Federal Unemployment Tax Act," 84 Stat. 713, 33,046
26 U.S.C.A. 3301 to 3311, is required to be covered under this 33,047
chapter. 33,048
(k) Construction services performed by any individual 33,050
under a construction contract, as defined in section 4141.39 of 33,051
746
the Revised Code, if the administrator DIRECTOR determines that 33,052
the employer for whom services are performed has the right to 33,055
direct or control the performance of the services and that the
individuals who perform the services receive remuneration for the 33,056
services performed. The administrator DIRECTOR shall presume 33,057
that the employer for whom services are performed has the right 33,059
to direct or control the performance of the services if ten or 33,060
more of the following criteria apply:
(i) The employer directs or controls the manner or method 33,063
by which instructions are given to the individual performing
services; 33,064
(ii) The employer requires particular training for the 33,067
individual performing services;
(iii) Services performed by the individual are integrated 33,070
into the regular functioning of the employer;
(iv) The employer requires that services be provided by a 33,073
particular individual;
(v) The employer hires, supervises, or pays the wages of 33,076
the individual performing services;
(vi) A continuing relationship between the employer and 33,079
the individual performing services exists which contemplates
continuing or recurring work, even if not full-time work; 33,080
(vii) The employer requires the individual to perform 33,083
services during established hours;
(viii) The employer requires that the individual 33,085
performing services be devoted on a full-time basis to the 33,086
business of the employer; 33,087
(ix) The employer requires the individual to perform 33,089
services on the employer's premises; 33,090
(x) The employer requires the individual performing 33,092
services to follow the order of work established by the employer; 33,093
(xi) The employer requires the individual performing 33,095
services to make oral or written reports of progress; 33,096
(xii) The employer makes payment to the individual for 33,099
747
services on a regular basis, such as hourly, weekly, or monthly;
(xiii) The employer pays expenses for the individual 33,101
performing services; 33,102
(xiv) The employer furnishes the tools and materials for 33,105
use by the individual to perform services;
(xv) The individual performing services has not invested 33,108
in the facilities used to perform services;
(xvi) The individual performing services does not realize 33,111
a profit or suffer a loss as a result of the performance of the
services; 33,112
(xvii) The individual performing services is not 33,114
performing services for more than two employers simultaneously; 33,115
(xviii) The individual performing services does not make 33,118
the services available to the general public;
(xix) The employer has a right to discharge the individual 33,121
performing services;
(xx) The individual performing services has the right to 33,124
end the individual's relationship with the employer without
incurring liability pursuant to an employment contract or 33,125
agreement.
(3) "Employment" does not include the following services 33,127
if they are found not subject to the "Federal Unemployment Tax 33,128
Act," 84 Stat. 713 (1970), 26 U.S.C.A. 3301 to 3311, and if the 33,130
services are not required to be included under division (B)(2)(j) 33,131
of this section: 33,132
(a) Service performed after December 31, 1977, in 33,134
agricultural labor, except as provided in division (A)(1)(d) of 33,135
this section; 33,136
(b) Domestic service performed after December 31, 1977, in 33,138
a private home, local college club, or local chapter of a college 33,139
fraternity or sorority except as provided in division (A)(1)(c) 33,140
of this section; 33,141
(c) Service performed after December 31, 1977, for this 33,143
state or a political subdivision as described in division (B)(2) 33,144
748
(a) of this section when performed: 33,145
(i) As a publicly elected official; 33,147
(ii) As a member of a legislative body, or a member of the 33,149
judiciary; 33,150
(iii) As a military member of the Ohio national guard; 33,152
(iv) As an employee, not in the classified service as 33,154
defined in section 124.11 of the Revised Code, serving on a 33,155
temporary basis in case of fire, storm, snow, earthquake, flood, 33,156
or similar emergency; 33,157
(v) In a position which, under or pursuant to law, is 33,159
designated as a major nontenured policymaking or advisory 33,160
position, not in the classified service of the state, or a 33,161
policymaking or advisory position the performance of the duties 33,162
of which ordinarily does not require more than eight hours per 33,163
week. 33,164
(d) In the employ of any governmental unit or 33,166
instrumentality of the United States; 33,167
(e) Service performed after December 31, 1971: 33,169
(i) Service in the employ of an educational institution or 33,171
institution of higher education, including those operated by the 33,172
state or a political subdivision, if such service is performed by 33,173
a student who is enrolled and is regularly attending classes at 33,174
the educational institution or institution of higher education; 33,175
or 33,176
(ii) By an individual who is enrolled at a nonprofit or 33,178
public educational institution which normally maintains a regular 33,179
faculty and curriculum and normally has a regularly organized 33,180
body of students in attendance at the place where its educational 33,181
activities are carried on as a student in a full-time program, 33,182
taken for credit at the institution, which combines academic 33,183
instruction with work experience, if the service is an integral 33,184
part of the program, and the institution has so certified to the 33,185
employer, provided that this subdivision shall not apply to 33,186
service performed in a program established for or on behalf of an 33,187
749
employer or group of employers; 33,188
(f) Service performed by an individual in the employ of 33,190
the individual's son, daughter, or spouse and service performed 33,191
by a child under the age of eighteen in the employ of the child's 33,192
father or mother;
(g) Service performed for one or more principals by an 33,194
individual who is compensated on a commission basis, who in the 33,195
performance of the work is master of the individual's own time 33,197
and efforts, and whose remuneration is wholly dependent on the 33,198
amount of effort the individual chooses to expend, and which 33,199
service is not subject to the "Federal Unemployment Tax Act," 53 33,200
Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311. Service performed 33,201
after December 31, 1971: 33,202
(i) By an individual for an employer as an insurance agent 33,204
or as an insurance solicitor, if all this service is performed 33,205
for remuneration solely by way of commission; 33,206
(ii) As a home worker performing work, according to 33,208
specifications furnished by the employer for whom the services 33,209
are performed, on materials or goods furnished by such employer 33,210
which are required to be returned to the employer or to a person 33,211
designated for that purpose. 33,212
(h) Service performed after December 31, 1971: 33,214
(i) In the employ of a church or convention or association 33,216
of churches, or in an organization which is operated primarily 33,217
for religious purposes and which is operated, supervised, 33,218
controlled, or principally supported by a church or convention or 33,219
association of churches; 33,220
(ii) By a duly ordained, commissioned, or licensed 33,222
minister of a church in the exercise of the individual's ministry 33,224
or by a member of a religious order in the exercise of duties 33,225
required by such order; or 33,226
(iii) In a facility conducted for the purpose of carrying 33,228
out a program of rehabilitation for individuals whose earning 33,229
capacity is impaired by age or physical or mental deficiency or 33,230
750
injury, or providing remunerative work for individuals who 33,231
because of their impaired physical or mental capacity cannot be 33,232
readily absorbed in the competitive labor market, by an 33,233
individual receiving such rehabilitation or remunerative work; 33,234
(i) Service performed after June 30, 1939, with respect to 33,236
which unemployment compensation is payable under the "Railroad 33,237
Unemployment Insurance Act," 52 Stat. 1094 (1938), 45 U.S.C. 351; 33,238
(j) Service performed by an individual in the employ of 33,240
any organization exempt from income tax under section 501 of the 33,241
"Internal Revenue Code of 1954," if the remuneration for such 33,242
service does not exceed fifty dollars in any calendar quarter, or 33,243
if such service is in connection with the collection of dues or 33,244
premiums for a fraternal beneficial society, order, or 33,245
association and is performed away from the home office or is 33,246
ritualistic service in connection with any such society, order, 33,247
or association; 33,248
(k) Casual labor not in the course of an employer's trade 33,250
or business; incidental service performed by an officer, 33,251
appraiser, or member of a finance committee of a bank, building 33,252
and loan association, savings and loan association, or savings 33,253
association when the remuneration for such incidental service 33,254
exclusive of the amount paid or allotted for directors' fees does 33,255
not exceed sixty dollars per calendar quarter is casual labor; 33,256
(l) Service performed in the employ of a voluntary 33,258
employees' beneficial association providing for the payment of 33,259
life, sickness, accident, or other benefits to the members of 33,260
such association or their dependents or their designated 33,261
beneficiaries, if admission to a membership in such association 33,262
is limited to individuals who are officers or employees of a 33,263
municipal or public corporation, of a political subdivision of 33,264
the state, or of the United States and no part of the net 33,265
earnings of such association inures, other than through such 33,266
payments, to the benefit of any private shareholder or 33,267
individual; 33,268
751
(m) Service performed by an individual in the employ of a 33,270
foreign government, including service as a consular or other 33,271
officer or employee or of a nondiplomatic representative; 33,272
(n) Service performed in the employ of an instrumentality 33,274
wholly owned by a foreign government if the service is of a 33,275
character similar to that performed in foreign countries by 33,276
employees of the United States or of an instrumentality thereof 33,277
and if the administrator DIRECTOR finds that the secretary of 33,278
state of the United States has certified to the secretary of the 33,280
treasury of the United States that the foreign government, with 33,281
respect to whose instrumentality exemption is claimed, grants an 33,282
equivalent exemption with respect to similar service performed in 33,283
the foreign country by employees of the United States and of 33,284
instrumentalities thereof; 33,285
(o) Service with respect to which unemployment 33,287
compensation is payable under an unemployment compensation system 33,288
established by an act of congress; 33,289
(p) Service performed as a student nurse in the employ of 33,291
a hospital or a nurses' training school by an individual who is 33,292
enrolled and is regularly attending classes in a nurses' training 33,293
school chartered or approved pursuant to state law, and service 33,294
performed as an intern in the employ of a hospital by an 33,295
individual who has completed a four years' course in a medical 33,296
school chartered or approved pursuant to state law; 33,297
(q) Service performed by an individual under the age of 33,299
eighteen in the delivery or distribution of newspapers or 33,300
shopping news, not including delivery or distribution to any 33,301
point for subsequent delivery or distribution; 33,302
(r) Service performed in the employ of the United States 33,304
or an instrumentality of the United States immune under the 33,305
constitution of the United States from the contributions imposed 33,306
by this chapter, except that to the extent that congress permits 33,307
states to require any instrumentalities of the United States to 33,308
make payments into an unemployment fund under a state 33,309
752
unemployment compensation act, this chapter shall be applicable 33,310
to such instrumentalities and to services performed for such 33,311
instrumentalities in the same manner, to the same extent, and on 33,312
the same terms as to all other employers, individuals, and 33,313
services, provided that if this state is not certified for any 33,314
year by the proper agency of the United States under section 3304 33,315
of the "Internal Revenue Code of 1954," the payments required of 33,316
such instrumentalities with respect to such year shall be 33,317
refunded by the administrator DIRECTOR from the fund in the same 33,318
manner and within the same period as is provided in division (E) 33,320
of section 4141.09 of the Revised Code with respect to 33,321
contributions erroneously collected; 33,322
(s) Service performed by an individual as a member of a 33,324
band or orchestra, provided such service does not represent the 33,325
principal occupation of such individual, and which service is not 33,326
subject to or required to be covered for full tax credit against 33,327
the tax imposed by the "Federal Unemployment Tax Act," 53 Stat. 33,328
183 (1939), 26 U.S.C.A. 3301 to 3311. Service performed after 33,329
December 31, 1971, for a nonprofit organization, this state or 33,331
its instrumentalities, or a political subdivision or its 33,332
instrumentalities, as part of an unemployment work-relief or 33,333
work-training program assisted or financed in whole or in part by 33,334
any federal agency or an agency of a state or political 33,335
subdivision thereof, by an individual receiving the work-relief 33,336
or work-training. 33,337
(t) Service performed in the employ of a day camp whose 33,339
camping season does not exceed twelve weeks in any calendar year, 33,340
and which service is not subject to the "Federal Unemployment Tax 33,341
Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311. Service 33,342
performed after December 31, 1971: 33,344
(i) In the employ of a hospital, if the service is 33,346
performed by a patient of the hospital, as defined in division 33,347
(W) of this section; 33,348
(ii) For a prison or other correctional institution by an 33,350
753
inmate of the prison or correctional institution; 33,351
(iii) Service performed after December 31, 1977, by an 33,353
inmate of a custodial institution operated by the state, a 33,354
political subdivision, or a nonprofit organization. 33,355
(u) Service that is performed by a nonresident alien 33,358
individual for the period the individual temporarily is present
in the United States as a nonimmigrant under division (F), (J), 33,360
(M), or (Q) of section 101(a)(15) of the "Immigration and 33,361
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101, as amended, that 33,362
is excluded under section 3306(c)(19) of the "Federal 33,363
Unemployment Tax Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 33,365
3311.
(v) Notwithstanding any other provisions of division 33,367
(B)(3) of this section, services which are excluded under 33,368
divisions (B)(3)(g), (j), (k), and (l) of this section, shall not 33,369
be excluded from employment when performed for a nonprofit 33,370
organization, as defined in division (X) of this section or for 33,371
this state or its instrumentalities, or for a political 33,372
subdivision or its instrumentalities. 33,373
(4) If the services performed during one half or more of 33,375
any pay period by an employee for the person employing that 33,376
employee constitute employment, all the services of such employee 33,377
for such period shall be deemed to be employment; but if the 33,379
services performed during more than one half of any such pay 33,380
period by an employee for the person employing that employee do 33,381
not constitute employment, then none of the services of such 33,383
employee for such period shall be deemed to be employment. As 33,384
used in division (B)(4) of this section, "pay period" means a 33,385
period, of not more than thirty-one consecutive days, for which 33,386
payment of remuneration is ordinarily made to the employee by the 33,387
person employing that employee. Division (B)(4) of this section 33,388
does not apply to services performed in a pay period by an 33,389
employee for the person employing that employee, if any of such 33,391
service is excepted by division (B)(3)(o) of this section. 33,393
754
(C) "Benefits" means money payments payable to an 33,395
individual who has established benefit rights, as provided in 33,396
this chapter, for loss of remuneration due to the individual's 33,397
unemployment.
(D) "Benefit rights" means the weekly benefit amount and 33,399
the maximum benefit amount that may become payable to an 33,400
individual within the individual's benefit year as determined by 33,401
the administrator DIRECTOR. 33,402
(E) "Claim for benefits" means a claim for waiting period 33,404
or benefits for a designated week. 33,405
(F) "Additional claim" means the first claim for benefits 33,407
filed following any separation from employment during a benefit 33,408
year; "continued claim" means any claim other than the first 33,409
claim for benefits and other than an additional claim. 33,410
(G)(1) "Wages" means remuneration paid to an employee by 33,412
each of the employee's employers with respect to employment; 33,413
except that wages shall not include that part of remuneration 33,414
paid during any calendar year to an individual by an employer or 33,415
such employer's predecessor in interest in the same business or 33,416
enterprise, which in any calendar year is in excess of eight 33,417
thousand two hundred fifty dollars on and after January 1, 1992; 33,418
eight thousand five hundred dollars on and after January 1, 1993; 33,419
eight thousand seven hundred fifty dollars on and after January 33,420
1, 1994; and nine thousand dollars on and after January 1, 1995. 33,421
Remuneration in excess of such amounts shall be deemed wages 33,422
subject to contribution to the same extent that such remuneration 33,423
is defined as wages under the "Federal Unemployment Compensation 33,424
Tax Act," 84 Stat. 714 (1970), 26 U.S.C.A. 3301 to 3311, as 33,425
amended. The remuneration paid an employee by an employer with 33,427
respect to employment in another state, upon which contributions 33,428
were required and paid by such employer under the unemployment 33,429
compensation act of such other state, shall be included as a part 33,430
of remuneration in computing the amount specified in this 33,431
division. 33,432
755
(2) Notwithstanding division (G)(1) of this section, if, 33,434
as of the computation date for any calendar year, the 33,435
administrator DIRECTOR determines that the level of the 33,436
unemployment compensation fund is sixty per cent or more below 33,438
the minimum safe level as defined in section 4141.25 of the 33,439
Revised Code, then, effective the first day of January of the 33,440
following calendar year, wages subject to this chapter shall not 33,441
include that part of remuneration paid during any calendar year 33,442
to an individual by an employer or such employer's predecessor in 33,443
interest in the same business or enterprise which is in excess of 33,444
nine thousand dollars. The increase in the dollar amount of 33,445
wages subject to this chapter under this division shall remain in 33,446
effect from the date of the administrator's DIRECTOR'S 33,447
determination pursuant to division (G)(2) of this section and 33,449
thereafter notwithstanding the fact that the level in the fund 33,450
may subsequently become less than sixty per cent below the 33,451
minimum safe level. 33,452
(H)(1) "Remuneration" means all compensation for personal 33,454
services, including commissions and bonuses and the cash value of 33,455
all compensation in any medium other than cash, except that in 33,456
the case of agricultural or domestic service, "remuneration" 33,457
includes only cash remuneration. Gratuities customarily received 33,458
by an individual in the course of the individual's employment 33,459
from persons other than the individual's employer and which are 33,460
accounted for by such individual to the individual's employer are 33,461
taxable wages.
The reasonable cash value of compensation paid in any 33,463
medium other than cash shall be estimated and determined in 33,464
accordance with rules prescribed by the administrator DIRECTOR, 33,465
provided that "remuneration" does not include: 33,467
(a) Payments as provided in divisions (b)(2) to (b)(16) of 33,469
section 3306 of the "Federal Unemployment Tax Act," 84 Stat. 713, 33,470
26 U.S.C.A. 3301 to 3311, as amended; 33,471
(b) The payment by an employer, without deduction from the 33,473
756
remuneration of the individual in the employer's employ, of the 33,474
tax imposed upon an individual in the employer's employ under 33,475
section 3101 of the "Internal Revenue Code of l954," with respect 33,477
to services performed after October 1, 1941. 33,478
(2) "Cash remuneration" means all remuneration paid in 33,480
cash, including commissions and bonuses, but not including the 33,481
cash value of all compensation in any medium other than cash. 33,482
(I) "Interested party" means the administrator DIRECTOR 33,484
and any party to whom notice of a determination of an application 33,485
for benefit rights or a claim for benefits is required to be 33,486
given under section 4141.28 of the Revised Code. 33,487
(J) "Annual payroll" means the total amount of wages 33,489
subject to contributions during a twelve-month period ending with 33,490
the last day of the second calendar quarter of any calendar year. 33,491
(K) "Average annual payroll" means the average of the last 33,493
three annual payrolls of an employer, provided that if, as of any 33,494
computation date, the employer has had less than three annual 33,495
payrolls in such three-year period, such average shall be based 33,496
on the annual payrolls which the employer has had as of such 33,497
date.
(L)(1) "Contributions" means the money payments to the 33,499
state unemployment compensation fund required of employers by 33,500
section 4141.25 of the Revised Code and of the state and any of 33,501
its political subdivisions electing to pay contributions under 33,502
section 4141.242 of the Revised Code. Employers paying 33,503
contributions shall be described as "contributory employers." 33,504
(2) "Payments in lieu of contributions" means the money 33,506
payments to the state unemployment compensation fund required of 33,507
reimbursing employers under sections 4141.241 and 4141.242 of the 33,508
Revised Code. 33,509
(M) An individual is "totally unemployed" in any week 33,511
during which the individual performs no services and with respect 33,512
to such week no remuneration is payable to the individual. 33,513
(N) An individual is "partially unemployed" in any week 33,515
757
if, due to involuntary loss of work, the total remuneration 33,516
payable to the individual for such week is less than the 33,517
individual's weekly benefit amount. 33,518
(O) "Week" means the calendar week ending at midnight 33,520
Saturday unless an equivalent week of seven consecutive calendar 33,521
days is prescribed by the administrator DIRECTOR. 33,522
(1) "Qualifying week" means any calendar week in an 33,524
individual's base period with respect to which the individual 33,525
earns or is paid remuneration in employment subject to this 33,527
chapter. A calendar week with respect to which an individual 33,528
earns remuneration but for which payment was not made within the 33,529
base period, when necessary to qualify for benefit rights, may be 33,530
considered to be a qualifying week. The number of qualifying 33,531
weeks which may be established in a calendar quarter shall not 33,532
exceed the number of calendar weeks in the quarter. 33,533
(2) "Average weekly wage" means the amount obtained by 33,535
dividing an individual's total remuneration for all qualifying 33,536
weeks during the base period by the number of such qualifying 33,537
weeks, provided that if the computation results in an amount 33,538
which is not a multiple of one dollar, such amount shall be 33,539
rounded to the next lower multiple of one dollar. 33,540
(P) "Weekly benefit amount" means the amount of benefits 33,542
an individual would be entitled to receive for one week of total 33,543
unemployment. 33,544
(Q)(1) "Base period" means the first four of the last five 33,546
completed calendar quarters immediately preceding the first day 33,547
of an individual's benefit year, except as provided in division 33,548
(Q)(2) of this section. 33,549
(2) If an individual does not have sufficient qualifying 33,551
weeks and wages in the base period to qualify for benefit rights, 33,552
the individual's base period shall be the four most recently 33,553
completed calendar quarters preceding the first day of the 33,555
individual's benefit year. Such base period shall be known as 33,556
the "alternate base period." If information as to weeks and 33,557
758
wages for the most recent quarter of the alternate base period is 33,558
not available to the administrator DIRECTOR from the regular 33,559
quarterly reports of wage information, which are systematically 33,561
accessible, the administrator DIRECTOR may, consistent with the 33,562
provisions of section 4141.28 of the Revised Code, base the 33,564
determination of eligibility for benefits on the affidavit of the 33,565
claimant with respect to weeks and wages for that calendar 33,566
quarter. The claimant shall furnish payroll documentation, where 33,567
available, in support of the affidavit. The determination based 33,568
upon the alternate base period as it relates to the claimant's 33,569
benefit rights, shall be amended when the quarterly report of 33,570
wage information from the employer is timely received and that 33,571
information causes a change in the determination. As provided in 33,572
division (B)(1)(b) of section 4141.28 of the Revised Code, any 33,573
benefits paid and charged to an employer's account, based upon a 33,574
claimant's affidavit, shall be adjusted effective as of the 33,575
beginning of the claimant's benefit year. No calendar quarter in 33,576
a base period or alternate base period shall be used to establish 33,577
a subsequent benefit year. 33,578
(3) The "base period" of a combined wage claim, as 33,580
described in division (H) of section 4141.43 of the Revised Code, 33,581
shall be the base period prescribed by the law of the state in 33,582
which the claim is allowed. 33,583
(R) "Benefit year" with respect to an individual means the 33,585
fifty-two week period beginning with the first day of that week 33,586
with respect to which the individual first files a valid 33,587
application for determination of benefit rights, and thereafter 33,589
the fifty-two week period beginning with the first day of that 33,590
week with respect to which the individual next files a valid 33,591
application for determination of benefit rights after the 33,592
termination of the individual's last preceding benefit year, 33,593
except that the application shall not be considered valid unless 33,595
the individual has had employment in six weeks that is subject to 33,596
this chapter or the unemployment compensation act of another 33,597
759
state, or the United States, and has, since the beginning of the 33,598
individual's previous benefit year, in the employment earned 33,599
three times the average weekly wage determined for the previous 33,600
benefit year. The "benefit year" of a combined wage claim, as 33,601
described in division (H) of section 4141.43 of the Revised Code, 33,602
shall be the benefit year prescribed by the law of the state in 33,603
which the claim is allowed.
Effective for applications filed with respect to weeks 33,605
beginning on or after October 1, 2000, any application for 33,606
determination of benefit rights made in accordance with section 33,608
4141.28 of the Revised Code is valid if the individual filing 33,609
such application is unemployed, has been employed by an employer 33,610
or employers subject to this chapter in at least twenty 33,611
qualifying weeks within the individual's base period, has earned 33,612
or been paid remuneration at an average weekly wage of not less 33,615
than twenty-seven and one-half per cent of the statewide average
weekly wage for such weeks, and the reason for the individual's 33,616
separation from employment is not disqualifying pursuant to 33,617
division (D)(2) of section 4141.29 or section 4141.291 of the 33,619
Revised Code. A disqualification imposed pursuant to division 33,622
(D)(2) of section 4141.29 or section 4141.291 of the Revised Code 33,625
must be removed as provided in those sections as a requirement of 33,626
establishing a valid application for benefit rights. 33,627
The statewide average weekly wage shall be calculated by 33,629
the administrator DIRECTOR once a year based on the twelve-month 33,630
period ending the thirtieth day of June, as set forth in division 33,632
(B)(3) of section 4141.30 of the Revised Code, rounded down to 33,633
the nearest dollar. Increases or decreases in the amount of 33,634
remuneration required to have been earned or paid in order for 33,635
individuals to have filed valid applications shall become 33,636
effective on Sunday of the calendar week in which the first day 33,637
of January occurs that follows the twelve-month period ending the 33,638
thirtieth day of June upon which the calculation of the statewide
average weekly wage was based. 33,639
760
As used in this division, an individual is "unemployed" if, 33,641
with respect to the calendar week in which such application is 33,643
filed, the individual is "partially unemployed" or "totally 33,645
unemployed" as defined in this section or if, prior to filing the 33,646
application, the individual was separated from the individual's 33,648
most recent work for any reason which terminated the individual's 33,649
employee-employer relationship, or was laid off indefinitely or 33,650
for a definite period of seven or more days. 33,651
(S) "Calendar quarter" means the period of three 33,653
consecutive calendar months ending on the thirty-first day of 33,654
March, the thirtieth day of June, the thirtieth day of September, 33,655
and the thirty-first day of December, or the equivalent thereof 33,656
as the administrator DIRECTOR prescribes by rule. 33,657
(T) "Computation date" means the first day of the third 33,659
calendar quarter of any calendar year. 33,660
(U) "Contribution period" means the calendar year 33,662
beginning on the first day of January of any year. 33,663
(V) "Agricultural labor," for the purpose of this 33,665
division, means any service performed prior to January 1, 1972, 33,666
which was agricultural labor as defined in this division prior to 33,667
that date, and service performed after December 31, 1971: 33,668
(1) On a farm, in the employ of any person, in connection 33,670
with cultivating the soil, or in connection with raising or 33,671
harvesting any agricultural or horticultural commodity, including 33,672
the raising, shearing, feeding, caring for, training, and 33,673
management of livestock, bees, poultry, and fur-bearing animals 33,674
and wildlife; 33,675
(2) In the employ of the owner or tenant or other operator 33,677
of a farm in connection with the operation, management, 33,678
conservation, improvement, or maintenance of such farm and its 33,679
tools and equipment, or in salvaging timber or clearing land of 33,680
brush and other debris left by hurricane, if the major part of 33,681
such service is performed on a farm; 33,682
(3) In connection with the production or harvesting of any 33,684
761
commodity defined as an agricultural commodity in section 15 (g) 33,685
of the "Agricultural Marketing Act," 46 Stat. 1550 (1931), 12 33,686
U.S.C. 1141j, as amended, or in connection with the ginning of 33,687
cotton, or in connection with the operation or maintenance of 33,688
ditches, canals, reservoirs, or waterways, not owned or operated 33,689
for profit, used exclusively for supplying and storing water for 33,690
farming purposes; 33,691
(4) In the employ of the operator of a farm in handling, 33,693
planting, drying, packing, packaging, processing, freezing, 33,694
grading, storing, or delivering to storage or to market or to a 33,695
carrier for transportation to market, in its unmanufactured 33,696
state, any agricultural or horticultural commodity, but only if 33,697
the operator produced more than one half of the commodity with 33,698
respect to which such service is performed; 33,699
(5) In the employ of a group of operators of farms, or a 33,701
cooperative organization of which the operators are members, in 33,702
the performance of service described in division (V)(4) of this 33,703
section, but only if the operators produced more than one-half of 33,704
the commodity with respect to which the service is performed; 33,705
(6) Divisions (V)(4) and (5) of this section shall not be 33,707
deemed to be applicable with respect to service performed: 33,708
(a) In connection with commercial canning or commercial 33,710
freezing or in connection with any agricultural or horticultural 33,711
commodity after its delivery to a terminal market for 33,712
distribution for consumption; or 33,713
(b) On a farm operated for profit if the service is not in 33,715
the course of the employer's trade or business. 33,716
As used in division (V) of this section, "farm" includes 33,718
stock, dairy, poultry, fruit, fur-bearing animal, and truck 33,719
farms, plantations, ranches, nurseries, ranges, greenhouses, or 33,720
other similar structures used primarily for the raising of 33,721
agricultural or horticultural commodities and orchards. 33,722
(W) "Hospital" means an institution which has been 33,724
registered or licensed by the Ohio department of health as a 33,725
762
hospital. 33,726
(X) "Nonprofit organization" means an organization, or 33,728
group of organizations, described in section 501(c)(3) of the 33,729
"Internal Revenue Code of 1954," and exempt from income tax under 33,730
section 501(a) of that code. 33,731
(Y) "Institution of higher education" means a public or 33,733
nonprofit educational institution which: 33,734
(1) Admits as regular students only individuals having a 33,736
certificate of graduation from a high school, or the recognized 33,737
equivalent; 33,738
(2) Is legally authorized in this state to provide a 33,740
program of education beyond high school; and 33,741
(3) Provides an educational program for which it awards a 33,743
bachelor's or higher degree, or provides a program which is 33,744
acceptable for full credit toward such a degree, a program of 33,745
post-graduate or post-doctoral studies, or a program of training 33,746
to prepare students for gainful employment in a recognized 33,747
occupation. 33,748
For the purposes of this division, all colleges and 33,750
universities in this state are institutions of higher education. 33,751
(Z) For the purposes of this chapter, "states" includes 33,753
the District of Columbia, the Commonwealth of Puerto Rico, and 33,754
the Virgin Islands. 33,755
(AA) "Alien" means, for the purposes of division (A)(1)(d) 33,757
of this section, an individual who is an alien admitted to the 33,758
United States to perform service in agricultural labor pursuant 33,759
to sections 214 (c) and 101 (a)(15)(H) of the "Immigration and 33,760
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101. 33,761
(BB)(1) "Crew leader" means an individual who furnishes 33,763
individuals to perform agricultural labor for any other employer 33,764
or farm operator, and: 33,765
(a) Pays, either on the individual's own behalf or on 33,768
behalf of the other employer or farm operator, the individuals so 33,770
furnished by the individual for the service in agricultural labor 33,771
763
performed by them; 33,772
(b) Has not entered into a written agreement with the 33,774
other employer or farm operator under which the agricultural 33,775
worker is designated as in the employ of the other employer or 33,776
farm operator. 33,777
(2) For the purposes of this chapter, any individual who 33,779
is a member of a crew furnished by a crew leader to perform 33,780
service in agricultural labor for any other employer or farm 33,781
operator shall be treated as an employee of the crew leader if: 33,782
(a) The crew leader holds a valid certificate of 33,784
registration under the "Farm Labor Contractor Registration Act of 33,785
1963," 90 Stat. 2668, 7 U.S.C. 2041; or 33,786
(b) Substantially all the members of the crew operate or 33,788
maintain tractors, mechanized harvesting or crop-dusting 33,789
equipment, or any other mechanized equipment, which is provided 33,790
by the crew leader; and 33,791
(c) If the individual is not in the employment of the 33,793
other employer or farm operator within the meaning of division 33,794
(B)(1) of this section. 33,795
(3) For the purposes of this division, any individual who 33,797
is furnished by a crew leader to perform service in agricultural 33,798
labor for any other employer or farm operator and who is not 33,799
treated as in the employment of the crew leader under division 33,800
(BB)(2) of this section shall be treated as the employee of the 33,801
other employer or farm operator and not of the crew leader. The 33,802
other employer or farm operator shall be treated as having paid 33,803
cash remuneration to the individual in an amount equal to the 33,804
amount of cash remuneration paid to the individual by the crew 33,805
leader, either on the crew leader's own behalf or on behalf of 33,806
the other employer or farm operator, for the service in 33,807
agricultural labor performed for the other employer or farm 33,808
operator.
(CC) "Educational institution" means an institution other 33,810
than an institution of higher education as defined in division 33,811
764
(Y) of this section which: 33,812
(1) Offers participants, trainees, or students an 33,814
organized course of study or training designed to transfer to 33,815
them knowledge, skills, information, doctrines, attitudes, or 33,816
abilities from, by, or under the guidance of an instructor or 33,817
teacher; and 33,818
(2) Is approved, chartered, or issued a permit to operate 33,820
as a school by the state board of education or other government 33,821
agency that is authorized within the state to approve, charter, 33,822
or issue a permit for the operation of a school. 33,823
For the purposes of this division, the courses of study or 33,825
training which the institution offers may be academic, technical, 33,826
trade, or preparation for gainful employment in a recognized 33,827
occupation. 33,828
Sec. 4141.031. The administrator DIRECTOR of the bureau 33,837
DEPARTMENT of employment JOB AND FAMILY services shall appoint a 33,839
migrant agricultural ombudsman OMBUDSPERSON as provided in 33,840
section 3733.49 of the Revised Code. 33,841
Sec. 4141.044. Any person or corporation contracting to do 33,850
business with the state of Ohio shall provide a listing of all 33,851
available job vacancies within his THE PERSON'S OR CORPORATION'S 33,852
power to fill to the Ohio bureau DIRECTOR of employment JOB AND 33,853
FAMILY services, which WHO shall attempt to fill such job 33,855
vacancies with persons registered with it THE DIRECTOR. This 33,856
section shall not apply to job vacancies which a person or 33,857
corporation proposes to fill from within his THE PERSON'S OR 33,859
CORPORATION'S own organization or to job vacancies which a person 33,861
or corporation proposes to fill pursuant to a customary and 33,862
traditional employer-union hiring arrangement, except that once a 33,863
person or corporation considers applicants outside of his THE 33,864
PERSON'S OR CORPORATION'S own organization or customary and 33,865
traditional employer-union hiring arrangement, this exclusion 33,866
shall not apply.
Sec. 4141.07. (A) The unemployment compensation review 33,876
765
commission, by rule, may authorize persons other than ones who 33,877
are admitted to the practice of law also to appear before the 33,878
commission in any kind of proceeding as representatives of 33,879
employers or claimants. The commission may prescribe in any rule 33,880
so adopted the minimum qualifications for such agents and such 33,881
minimum standards of practice as are appropriate. 33,882
Notwithstanding section 119.13 of the Revised Code, the 33,884
representation of parties before the commission by a person not 33,885
admitted to the practice of law does not impair or invalidate a 33,886
proceeding for the purpose of a subsequent appeal to a court or 33,887
for any other purpose where a party knowingly selects 33,888
representation by a person not admitted to the practice of law. 33,889
(B) No individual claiming benefits shall be charged fees 33,891
of any kind in any proceeding under sections 4141.01 to 4141.46 33,892
of the Revised Code, by the commission or its representatives. 33,893
Any individual claiming benefits or any employer may represent 33,894
themselves personally or be represented by a person admitted to 33,895
the practice of law or by a person not admitted to the practice 33,896
of law in any proceeding UNDER THIS CHAPTER before the 33,897
administrator of the bureau DIRECTOR of employment JOB AND FAMILY 33,900
services, or, before the commission or a hearing officer; but no 33,902
such counsel or agent representing an individual claiming 33,903
benefits shall either charge or receive for such services more 33,904
than an amount approved by the commission. 33,905
No person shall charge or receive anything of value in 33,907
violation of this section. 33,908
Sec. 4141.09. (A) There is hereby created an unemployment 33,917
compensation fund to be administered by the state without 33,918
liability on the part of the state beyond the amounts paid into 33,919
the fund and earned by the fund. The unemployment compensation 33,920
fund shall consist of all contributions, payments in lieu of 33,921
contributions described in sections 4141.241 and 4141.242 of the 33,922
Revised Code, reimbursements of the federal share of extended 33,923
benefits described in section 4141.301 of the Revised Code, 33,924
766
collected under sections 4141.01 to 4141.46 of the Revised Code, 33,925
together with all interest earned upon any moneys deposited with 33,926
the secretary of the treasury of the United States to the credit 33,927
of the account of this state in the unemployment trust fund 33,928
established and maintained pursuant to section 904 of the "Social 33,929
Security Act," any property or securities acquired through the 33,930
use of moneys belonging to the fund, and all earnings of such 33,931
property or securities. The unemployment compensation fund shall 33,932
be used to pay benefits and refunds as provided by such sections 33,933
and for no other purpose. 33,934
(B) The treasurer of state shall be the custodian of the 33,936
unemployment compensation fund and shall administer such fund in 33,937
accordance with the directions of the administrator DIRECTOR of 33,938
the bureau of employment JOB AND FAMILY services. All 33,939
disbursements therefrom shall be paid by the treasurer of state 33,941
on warrants drawn by the administrator DIRECTOR. Such warrants 33,942
may bear the facsimile signature of the administrator DIRECTOR 33,944
printed thereon and that of a deputy or other employee of the 33,946
administrator DIRECTOR charged with the duty of keeping the 33,948
account of the unemployment compensation fund and with the
preparation of warrants for the payment of benefits to the 33,949
persons entitled thereto. Moneys in the clearing and benefit 33,950
accounts shall not be commingled with other state funds, except 33,951
as provided in division (C) of this section, but shall be 33,952
maintained in separate accounts on the books of the depositary 33,953
bank. Such money shall be secured by the depositary bank to the 33,954
same extent and in the same manner as required by sections 135.01 33,955
to 135.21 of the Revised Code; and collateral pledged for this 33,956
purpose shall be kept separate and distinct from any collateral 33,957
pledged to secure other funds of this state. All sums recovered 33,958
for losses sustained by the unemployment compensation fund shall 33,959
be deposited therein. The treasurer of state shall be liable on 33,960
the treasurer's official bond for the faithful performance of the 33,962
treasurer's duties in connection with the unemployment 33,963
767
compensation fund, such liability to exist in addition to any 33,964
liability upon any separate bond. 33,965
(C) The treasurer of state shall maintain within the 33,967
unemployment compensation fund three separate accounts which 33,968
shall be a clearing account, an unemployment trust fund account, 33,969
and a benefit account. All moneys payable to the unemployment 33,970
compensation fund, upon receipt thereof by the administrator 33,971
DIRECTOR, shall be forwarded to the treasurer of state, who shall 33,973
immediately deposit them in the clearing account. Refunds of 33,974
contributions, or payments in lieu of contributions, payable 33,975
pursuant to division (E) of this section may be paid from the 33,976
clearing account upon warrants signed by a deputy or other 33,977
employee of the administrator DIRECTOR charged with the duty of 33,978
keeping the record of the clearing account and with the 33,980
preparation of warrants for the payment of refunds to persons 33,981
entitled thereto. After clearance thereof, all moneys in the 33,982
clearing account shall be deposited with the secretary of the 33,983
treasury of the United States to the credit of the account of 33,984
this state in the unemployment trust fund established and 33,985
maintained pursuant to section 904 of the "Social Security Act," 33,986
in accordance with requirements of the "Federal Unemployment Tax 33,987
Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301, 3304(a)(3), any law 33,988
in this state relating to the deposit, administration, release, 33,990
or disbursement of moneys in the possession or custody of this 33,991
state to the contrary notwithstanding. The benefit account shall 33,992
consist of all moneys requisitioned from this state's account in 33,993
the unemployment trust fund. Federal funds, other than funds 33,994
received by the administrator DIRECTOR under divisions (I) and 33,995
(J) of this section, received for payment of federal benefits may 33,996
be deposited into the benefit account solely for payment of 33,997
benefits under a federal program administered by this state. 33,998
Moneys so requisitioned shall be used solely for the payment of 33,999
benefits and for no other purpose. Moneys in the clearing and 34,000
benefit accounts may be deposited by the treasurer of state, 34,001
768
under the direction of the administrator DIRECTOR, in any bank or 34,003
public depositary in which general funds of the state may be 34,004
deposited, but no public deposit insurance charge or premium 34,005
shall be paid out of the fund. 34,006
(D) Moneys shall be requisitioned from this state's 34,008
account in the unemployment trust fund solely for the payment of 34,009
benefits and in accordance with regulations prescribed by the 34,010
administrator DIRECTOR. The administrator DIRECTOR shall 34,012
requisition from the unemployment trust fund such amounts, not 34,013
exceeding the amount standing to this state's account therein, as 34,014
are deemed necessary for the payment of benefits for a reasonable 34,015
future period. Upon receipt thereof, the treasurer of state 34,016
shall deposit such moneys in the benefit account. Expenditures 34,017
of such money in the benefit account and refunds from the 34,018
clearing account shall not require specific appropriations or 34,019
other formal release by state officers of money in their custody. 34,020
Any balance of moneys requisitioned from the unemployment trust 34,021
fund which remains unclaimed or unpaid in the benefit account 34,022
after the expiration of the period for which such sums were 34,023
requisitioned shall either be deducted from estimates for and may 34,024
be utilized for the payment of benefits during succeeding 34,025
periods, or, in the discretion of the administrator DIRECTOR, 34,026
shall be redeposited with the secretary of the treasury of the 34,028
United States to the credit of this state's account in the 34,029
unemployment trust fund, as provided in division (C) of this 34,030
section. Unclaimed or unpaid federal funds redeposited with the 34,031
secretary of the treasury of the United States shall be credited 34,032
to the appropriate federal account. 34,033
(E) No claim for an adjustment or a refund on 34,035
contribution, payment in lieu of contributions, interest, or 34,036
forfeiture alleged to have been erroneously or illegally assessed 34,037
or collected, or alleged to have been collected without 34,038
authority, and no claim for an adjustment or a refund of any sum 34,039
alleged to have been excessive or in any manner wrongfully 34,040
769
collected shall be allowed unless an application, in writing, 34,041
therefor is made within four years from the date on which such 34,042
payment was made. If the administrator DIRECTOR determines that 34,043
such contribution, payment in lieu of contributions, interest, or 34,045
forfeiture, or any portion thereof, was erroneously collected, 34,046
the administrator DIRECTOR shall allow such employer to make an 34,047
adjustment thereof without interest in connection with subsequent 34,049
contribution payments, or payments in lieu of contributions, by 34,050
the employer, or the administrator DIRECTOR may refund said 34,051
amount, without interest, from the clearing account of the 34,053
unemployment compensation fund, except as provided in division 34,054
(B) of section 4141.11 of the Revised Code. For like cause and 34,055
within the same period, adjustment or refund may be so made on 34,056
the administrator's DIRECTOR'S own initiative. An overpayment of 34,057
contribution, payment in lieu of contributions, interest, or 34,059
forfeiture for which an employer has not made application for 34,060
refund prior to the date of sale of the employer's business shall 34,061
accrue to the employer's successor in interest. 34,063
An application for an adjustment or a refund, or any 34,065
portion thereof, that is rejected is binding upon the employer 34,066
unless, within thirty days after the mailing of a written notice 34,067
of rejection to the employer's last known address, or, in the 34,068
absence of mailing of such notice, within thirty days after the 34,069
delivery of such notice, the employer files an application for a 34,070
review and redetermination setting forth the reasons therefor. 34,071
The administrator DIRECTOR shall promptly examine the application 34,073
for review and redetermination, and if a review is granted, the 34,074
employer shall be promptly notified thereof, and shall be granted 34,075
an opportunity for a prompt hearing. 34,076
(F) If the administrator DIRECTOR finds that contributions 34,078
have been paid to the bureau of employment services DIRECTOR in 34,079
error, and that such contributions should have been paid to a 34,081
department of another state or of the United States charged with 34,082
the administration of an unemployment compensation law, the 34,083
770
administrator DIRECTOR may upon request by such department or 34,084
upon the administrator's DIRECTOR'S own initiative transfer to 34,087
such department the amount of such contributions, less any 34,088
benefits paid to claimants whose wages were the basis for such 34,089
contributions. The administrator DIRECTOR may request and 34,091
receive from such department any contributions or adjusted 34,092
contributions paid in error to such department which should have 34,093
been paid to the bureau DIRECTOR.
(G) In accordance with section 303(c)(3) of the Social 34,095
Security Act, and section 3304(a)(17) of the Internal Revenue 34,096
Code of 1954 for continuing certification of Ohio unemployment 34,097
compensation laws for administrative grants and for tax credits, 34,098
any interest required to be paid on advances under Title XII of 34,099
the Social Security Act shall be paid in a timely manner and 34,100
shall not be paid, directly or indirectly, by an equivalent 34,101
reduction in the Ohio unemployment taxes or otherwise, by the 34,102
state from amounts in the unemployment compensation fund. 34,103
(H) The treasurer of state, under the direction of the 34,105
administrator DIRECTOR and in accordance with the "Cash 34,106
Management Improvement Act of 1990," 104 Stat. 1061, 31 U.S.C.A. 34,108
335, 6503, shall deposit amounts of interest earned by the state 34,109
on funds in the benefit account established pursuant to division 34,110
(C) of this section into the bureau DEPARTMENT of employment JOB 34,111
AND FAMILY services banking fees fund, which is hereby created in 34,114
the state treasury for the purpose of paying related banking 34,115
costs incurred by the state for the period for which the interest 34,116
is calculated, except that if the deposited interest exceeds the 34,117
banking costs incurred by the state for the period for which the 34,118
interest is calculated, the treasurer of state shall deposit the 34,119
excess interest into the unemployment trust fund. 34,120
(I) The treasurer of state, under the direction of the 34,123
administrator DIRECTOR, shall deposit federal funds received by 34,124
the administrator DIRECTOR pursuant to the "Trade Act of 1974," 34,125
88 Stat. 1978, 19 U.S.C.A. 2101, as amended, into the Trade Act 34,127
771
account, which is hereby created for the purpose of paying for 34,128
benefits, training, and support services under that act. 34,129
(J) The treasurer of state, under the direction of the 34,132
administrator DIRECTOR, shall deposit federal funds received by 34,133
the administrator DIRECTOR pursuant to the "North American Free 34,135
Trade Agreement Implementation Act," 107 Stat. 2057 (1993), 19 34,137
U.S.C.A. 3301, into the North American Free Trade account, which 34,138
is hereby created for the purpose of paying for benefits, 34,139
training, and support services under that act. 34,140
Sec. 4141.11. There is hereby created in the state 34,149
treasury the unemployment compensation special administrative 34,150
fund. The fund shall consist of all interest collected on 34,151
delinquent contributions pursuant to this chapter, all fines and 34,152
forfeitures collected under this chapter, and all court costs and 34,153
interest paid or collected in connection with the repayment of 34,154
fraudulently obtained benefits pursuant to section 4141.35 of the 34,155
Revised Code. All interest earned on the money in the fund shall 34,156
be retained in the fund and shall not be credited or transferred 34,157
to any other fund or account, except as provided in division (B) 34,158
of this section. All moneys which are deposited or paid into 34,159
this fund may be used by: 34,160
(A) The administrator DIRECTOR of the bureau of employment 34,163
JOB AND FAMILY services with the approval of the unemployment 34,164
compensation advisory council whenever it appears that such use 34,165
is necessary for:
(1) The proper administration of this chapter and no 34,167
federal funds are available for the specific purpose for which 34,168
the expenditure is to be made, provided the moneys are not 34,169
substituted for appropriations from federal funds, which in the 34,170
absence of such moneys would be available; 34,171
(2) The proper administration of this chapter for which 34,173
purpose appropriations from federal funds have been requested and 34,174
approved but not received, provided the fund would be reimbursed 34,175
upon receipt of the federal appropriation; 34,176
772
(3) To the extent possible, the repayment to the 34,178
unemployment compensation administration fund of moneys found by 34,179
the proper agency of the United States to have been lost or 34,180
expended for purposes other than, or an amount in excess of, 34,181
those found necessary by the proper agency of the United States 34,182
for the administration of this chapter. 34,183
(B) The administrator DIRECTOR or the administrator's 34,185
DIRECTOR'S deputy whenever it appears that such use is necessary 34,187
for the payment of refunds or adjustments of interest, fines, 34,188
forfeitures, or court costs erroneously collected and paid into 34,189
this fund pursuant to this chapter. 34,190
Whenever the balance in the unemployment compensation 34,192
special administrative fund is considered to be excessive by the 34,193
council, the administrator DIRECTOR shall request the director of 34,195
budget and management to transfer to the unemployment 34,196
compensation fund the amount considered to be excessive. Any 34,197
balance in the unemployment compensation special administrative 34,198
fund shall not lapse at any time, but shall be continuously 34,199
available to the administrator DIRECTOR OF JOBS AND FAMILY 34,200
SERVICES or to the council for expenditures consistent with this 34,201
chapter.
Sec. 4141.131. (A) The administrator of the bureau 34,211
DIRECTOR of employment JOB AND FAMILY services may enter into 34,213
contracts for the sale of real property no longer needed by the 34,214
bureau of employment services DIRECTOR for the operations of the 34,215
bureau DIRECTOR UNDER THIS TITLE. Any costs attributable to the 34,216
bureau DIRECTOR that are associated with the sale of real 34,220
property under this section shall be paid out of the unemployment 34,221
compensation special administrative fund established pursuant to 34,222
section 4141.11 of the Revised Code. 34,223
(B)(1) Earnest moneys from the sale of real property 34,226
pursuant to division (A) of this section shall be deposited into 34,228
the bureau DEPARTMENT of employment JOB AND FAMILY services 34,229
building consolidation fund, which is hereby created in the state 34,230
773
treasury. The balance of the purchase price shall be deposited 34,231
into the bureau DEPARTMENT of employment JOB AND FAMILY services 34,233
building enhancement fund, which is hereby created in the state 34,234
treasury. The building enhancement fund shall retain its own 34,235
interest. Upon completion of the sale and the request of the 34,236
administrator DIRECTOR, the treasurer of state shall transfer the 34,238
earnest moneys in the building consolidation fund into the 34,239
building enhancement fund. The administrator DIRECTOR shall use 34,240
the interest earned on the moneys in the building enhancement 34,242
fund only in accordance with division (C) of this section. 34,243
(2) The administrator DIRECTOR shall deposit sufficient 34,245
moneys from the sale of real property pursuant to division (A) of 34,247
this section into the unemployment compensation special 34,248
administrative fund to reimburse the fund for all costs 34,249
associated with the sale of that real property. 34,250
(C) The bureau DIRECTOR shall use the moneys in the 34,253
building enhancement fund from the sale of real property pursuant 34,254
to division (A) of this section, less the costs of the sale as 34,256
specified in division (B)(2) of this section, in accordance with 34,258
the provisions and requirements of the "Social Security Act," 49 34,259
Stat. 626 (1935), 52 U.S.C. 502(a) and 1103(c)(2), and the 34,260
instructions of the United States department of labor, to improve 34,262
buildings owned by or under the control of the bureau DIRECTOR. 34,263
If the administrator DIRECTOR determines that there are no 34,264
buildings for which money in the building enhancement fund may be 34,265
used, the money shall be returned to the United States department 34,266
of labor.
(D) The auditor of state, with the assistance of the 34,269
attorney general, shall prepare a deed to the real property being 34,270
sold upon notice from the administrator DIRECTOR that a contract 34,271
for the sale of that property has been executed in accordance 34,272
with this section. The deed shall state the consideration and 34,273
any conditions placed upon the sale. The deed shall be executed 34,274
by the governor in the name of the state, countersigned by the 34,275
774
secretary of state, sealed with the great seal of the state, 34,276
presented in the office of the auditor of state for recording, 34,277
and delivered to the buyer upon payment of the balance of the 34,278
purchase price.
The buyer shall present the deed for recording in the 34,280
county recorder's office of the county in which the real property 34,282
is located.
Sec. 4141.14. (A) All rules of the administrator DIRECTOR 34,291
of the bureau of employment JOB AND FAMILY services adopted 34,292
pursuant to this chapter shall be approved by the unemployment 34,294
compensation review commission before the rules become effective. 34,296
All such rules shall specify on their face their effective date 34,297
and the date on which they will expire, if known. Approval by 34,298
the unemployment compensation review commission shall also be 34,299
required before amendments to, or rescission of, any rules of the 34,300
administrator DIRECTOR adopted pursuant to this chapter become 34,301
effective. If the commission disapproves a rule of the 34,302
administrator DIRECTOR, it shall determine and promulgate a rule 34,304
that it considers appropriate after affording a hearing to the 34,305
administrator DIRECTOR.
(B)(1) Any rule promulgated pursuant to this section shall 34,307
be effective on the tenth day after the day on which the rule in 34,308
final form and in compliance with division (B)(2) of this section 34,309
is filed as follows: 34,310
(a) Two certified copies of the rule shall be filed with 34,312
both the secretary of state and the director of the legislative 34,313
service commission; 34,314
(b) Two certified copies of the rule shall be filed with 34,316
the joint committee on agency rule review. Division (B)(1)(b) of 34,317
this section does not apply to any rule to which division (H) of 34,318
section 119.03 of the Revised Code does not apply. 34,319
If all copies are not filed on the same day, the rule shall 34,321
be effective on the tenth day after the day on which the latest 34,322
filing is made. If the bureau of employment services DIRECTOR or 34,324
775
the unemployment compensation review commission in adopting a 34,325
rule pursuant to this chapter designates an effective date that 34,327
is later than the effective date provided for by this division, 34,328
the rule if filed as required by this division shall become 34,329
effective on the later date designated by the bureau DIRECTOR or 34,330
commission.
If the commission or bureau DIRECTOR adopts or amends a 34,332
rule that is subject to division (H) of section 119.03 of the 34,334
Revised Code, the commission or bureau DIRECTOR shall assign a 34,335
review date to the rule that is not later than five years after 34,337
its effective date. If no review date is assigned to a rule, or 34,338
if a review date assigned to a rule exceeds the five-year 34,339
maximum, the review date for the rule is five years after its
effective date. A rule with a review date is subject to review 34,340
under section 119.032 of the Revised Code. 34,341
(2) The bureau DIRECTOR and commission shall file the rule 34,343
in compliance with the following standards and procedures: 34,345
(a) The rule shall be numbered in accordance with the 34,347
numbering system devised by the director OF THE LEGISLATIVE 34,348
SERVICE COMMISSION for the Ohio administrative code. 34,350
(b) The rule shall be prepared and submitted in compliance 34,352
with the rules of the legislative service commission. 34,353
(c) The rule shall clearly state the date on which it is 34,355
to be effective and the date on which it will expire, if known. 34,356
(d) Each rule that amends or rescinds another rule shall 34,358
clearly refer to the rule that is amended or rescinded. Each 34,359
amendment shall fully restate the rule as amended. 34,360
If the director of the legislative service commission or 34,362
the director's designee gives the bureau DIRECTOR of employment 34,364
JOB AND FAMILY services or the unemployment compensation review 34,365
commission written notice pursuant to section 103.05 of the 34,366
Revised Code that a rule filed by the bureau DIRECTOR or review 34,367
commission is not in compliance with the rules of the legislative 34,369
service commission, the bureau DIRECTOR or review commission 34,371
776
shall within thirty days after receipt of the notice conform the 34,372
rule to the rules of the LEGISLATIVE SERVICE commission as
directed in the notice. 34,373
The secretary of state and the director OF THE LEGISLATIVE 34,375
SERVICE COMMISSION shall preserve the rules filed under division 34,377
(B)(1)(a) of this section in an accessible manner. Each such 34,378
rule shall be a public record open to public inspection and may 34,379
be lent to any law publishing company that wishes to reproduce 34,380
it.
(C) As used in this section: 34,382
(1) "Rule" includes an amendment or rescission of a rule. 34,384
(2) "Substantive revision" has the same meaning as in 34,386
division (J) of section 119.01 of the Revised Code. 34,387
THIS IS AN INTERIM SECTION EFFECTIVE UNTIL APRIL 1, 2001. 34,389
Sec. 4141.17. The administrator DIRECTOR of the bureau of 34,398
employment JOB AND FAMILY services and the unemployment 34,400
compensation review commission may administer oaths, certify to 34,402
official acts, take depositions, issue subpoenas, and compel the
attendance and testimony of witnesses and the production of 34,403
books, accounts, papers, records, documents, and testimony IN 34,404
CONNECTION WITH THE ADMINISTRATION OF THIS CHAPTER. 34,405
In case of the refusal of a witness to attend or testify, 34,407
or to produce books or papers, as to any matter regarding which 34,408
the witness might be lawfully interrogated in the administration 34,410
of this chapter, the court of common pleas of the county in which 34,411
the person resides or is found, the court of appeals that has 34,412
jurisdiction over the county in which the person resides or is
found, or a judge thereof, upon application of the administrator 34,414
DIRECTOR or commission, shall compel obedience by proceedings as 34,416
for contempt as in case of like refusal to obey a similar order 34,417
of the court.
Sec. 4141.18. Every employer, whether or not otherwise 34,426
subject to sections 4141.01 to 4141.46, inclusive, of the Revised 34,427
Code THIS CHAPTER, shall keep a true and accurate employment 34,428
777
record of all his THE EMPLOYER'S employees, whether qualified and 34,430
eligible to benefits or not, and of the hours worked by each 34,431
employee and of the wages paid to him THE EMPLOYEE, and shall 34,432
furnish to the administrator DIRECTOR of the bureau of employment 34,434
JOB AND FAMILY services upon demand a sworn statement of the 34,435
same. Such record shall be open to inspection by the 34,436
administrator DIRECTOR or his THE DIRECTOR'S authorized 34,438
representatives at any reasonable time. 34,439
Sec. 4141.20. (A) Every employer, including those not 34,448
otherwise subject to this chapter, shall furnish the 34,449
administrator DIRECTOR of the bureau of employment JOB AND FAMILY 34,451
services upon request all information required by the
administrator DIRECTOR to carry out the requirements of this 34,454
chapter. Every employer receiving from the administrator
DIRECTOR any blank with direction to fill it out shall cause it 34,456
to be properly filled out, in the manner prescribed by the 34,457
administrator DIRECTOR, so as to answer fully and correctly all 34,458
questions therein propounded, and shall furnish all the 34,460
information therein sought, or, if unable to do so, that employer 34,461
shall give the administrator DIRECTOR in writing good and 34,463
sufficient reason for such failure. 34,465
The administrator DIRECTOR may require that such 34,467
information be verified under oath and returned to the 34,468
administrator DIRECTOR within the period fixed by the 34,470
administrator DIRECTOR or by law. The administrator DIRECTOR or 34,471
any person employed by the administrator DIRECTOR for that 34,472
purpose may examine under oath any such employer, or the officer, 34,474
agent, or employee of that employer, for the purpose of 34,475
ascertaining any information that the employer is required by 34,476
this chapter to furnish to the administrator DIRECTOR. Any 34,478
employer who fails to furnish information as is required by the 34,480
administrator DIRECTOR under authority of this section shall 34,482
forfeit five hundred dollars to be collected in a civil action 34,483
brought against the employer in the name of the state.
778
(B) Effective with the calendar quarter beginning April 1, 34,485
1987, every contributory employer shall file a quarterly 34,486
contribution report and a quarterly report of wages. The 34,487
quarterly reports shall be filed no later than the last day of 34,488
the first month following the close of the calendar quarter for 34,489
which the quarterly reports are being filed. The employer shall 34,490
enter on the quarterly contribution report the total and taxable 34,491
remuneration paid to all employees during the quarter. The 34,492
employer shall enter on the quarterly report of wages the name 34,493
and social security number of each individual employed during the 34,494
calendar quarter, the total remuneration paid the individual, the 34,495
number of weeks during the quarter for which the individual was 34,496
paid remuneration, and any other information as required by 34,497
section 1137 of the "Social Security Act." The administrator 34,498
DIRECTOR shall furnish the form or forms on which the quarterly 34,500
reports are to be submitted or the employer may use other methods 34,501
of reporting, including electronic information transmission 34,502
methods, as approved by the administrator DIRECTOR. 34,503
Effective until the calendar quarter beginning January 1, 34,505
1993, in case of failure to file the quarterly contribution 34,506
report or the report of wages containing all the required 34,507
contribution and wage information within the time prescribed by 34,508
this section, there shall be assessed a forfeiture amounting to 34,509
ten per cent of the contributions due; provided such forfeiture 34,510
shall not be less than twenty-five nor more than two hundred 34,511
fifty dollars. The administrator DIRECTOR may waive the 34,512
forfeiture only with respect to the report of wages, and the 34,514
waiver may be approved only if the employer shows good cause for 34,515
failure to file the required information. 34,516
Effective with the calendar quarter beginning January 1, 34,518
1993, in case of failure to file the quarterly contribution 34,519
report containing all the required information within the time 34,520
prescribed by this section, there shall be assessed a forfeiture 34,521
amounting to twenty-five one-hundredths of one per cent of the 34,522
779
total remuneration paid by the employer, provided such forfeiture 34,523
shall not be less than thirty nor more than five hundred dollars 34,524
per quarterly contribution report. The administrator DIRECTOR 34,525
may waive the forfeiture only if the employer provides to the 34,527
administrator DIRECTOR a written statement showing good cause for 34,529
failure to file the required quarterly contribution report. 34,530
Effective with the calendar quarter beginning January 1, 34,532
1993, in case of failure to file the quarterly report of wages 34,533
containing all the required information within the time 34,534
prescribed by this section, there shall be assessed a forfeiture 34,535
amounting to twenty-five one-hundredths of one per cent of the 34,536
total remuneration paid by the employer, provided such forfeiture 34,537
shall be not less than thirty nor more than five hundred dollars 34,538
per quarterly report of wages. The administrator DIRECTOR may 34,539
waive the forfeiture only if the employer provides to the 34,541
administrator DIRECTOR a written statement showing good cause for 34,542
failure to file the required quarterly report of wages. 34,543
(C) Effective with the calendar quarter beginning April 1, 34,545
1987, every employer liable for payments in lieu of contributions 34,546
shall file a quarterly payroll report and a quarterly report of 34,547
wages. The employer shall file the quarterly reports no later 34,548
than the last day of the first month following the close of the 34,549
calendar quarter for which the quarterly reports are being filed. 34,550
The employer shall enter on the quarterly payroll report the 34,551
total remuneration paid to all employees during the quarter and 34,552
the total wages that would have been taxable had the employer 34,553
been subject to contributions. The employer shall enter on the 34,554
quarterly report of wages the name and social security number of 34,555
each individual employed during the calendar quarter, the total 34,556
remuneration paid the individual, the number of weeks during the 34,557
quarter for which the individual was paid remuneration, and any 34,558
other information as required by section 1137 of the "Social 34,559
Security Act." The administrator DIRECTOR shall furnish the form 34,561
or forms on which the quarterly reports are to be submitted or 34,562
780
the employer may use other methods of reporting, including 34,563
electronic information transmission methods, as approved by the 34,564
administrator.
Effective until the calendar quarter beginning January 1, 34,566
1993, in case of failure to file the quarterly payroll report or 34,567
the report of wages containing all of the required payroll or 34,568
wage information within the time prescribed by this section, the 34,569
employer shall be assessed a forfeiture of twenty-five dollars 34,570
per report. The administrator DIRECTOR may waive the forfeiture 34,571
only with respect to the report of wages, and such waiver may be 34,573
approved only if the employer shows good cause for failure to 34,574
file the required information. 34,575
Effective with the calendar quarter beginning January 1, 34,577
1993, in case of failure to file the quarterly payroll report 34,578
containing all the required wage information within the time 34,579
prescribed by this section, the employer shall be assessed a 34,580
forfeiture amounting to twenty-five one-hundredths of one per 34,581
cent of the total remuneration paid by the employer, provided 34,582
such forfeiture shall not be less than thirty nor more than five 34,583
hundred dollars per quarterly payroll report. The administrator 34,584
DIRECTOR may waive the forfeiture only if the employer provides 34,586
to the administrator DIRECTOR a written statement showing good 34,587
cause for failure to file the required quarterly payroll report. 34,589
Effective with the calendar quarter beginning January 1, 34,591
1993, in case of failure to file the quarterly report of wages 34,592
containing all the required information within the time 34,593
prescribed by this section, there shall be assessed a forfeiture 34,594
amounting to twenty-five one-hundredths of one per cent of the 34,595
total remuneration paid by the employer, provided such forfeiture 34,596
shall be not less than thirty nor more than five hundred dollars 34,597
per quarterly report of wages. The administrator DIRECTOR may 34,598
waive the forfeiture only if the employer provides to the 34,600
administrator DIRECTOR a written statement showing good cause for 34,602
failure to file the required quarterly report of wages. 34,603
781
(D) All forfeitures required by this section shall be paid 34,605
into the unemployment compensation special administrative fund as 34,606
provided in section 4141.11 of the Revised Code. 34,607
Sec. 4141.23. (A) Contributions shall accrue and become 34,616
payable by each employer for each calendar year or other period 34,617
as prescribed by this chapter. Such contributions become due and 34,618
shall be paid by each employer to the bureau DIRECTOR of 34,619
employment JOB AND FAMILY services for the unemployment 34,620
compensation fund in accordance with such regulations as the 34,622
administrator of the bureau of employment services DIRECTOR 34,623
prescribes, and shall not be deducted, in whole or in part, from 34,624
the remuneration of individuals in his THE EMPLOYER'S employ. 34,625
In the payment of any contributions, a fractional part of a 34,627
dollar may be disregarded unless it amounts to fifty cents or 34,628
more, in which case it may be increased to the next higher 34,629
dollar. 34,630
(B)(1) Any contribution or payment in lieu of 34,632
contribution, due from an employer on or before December 31, 34,633
1992, shall, if not paid when due, bear interest at the rate of 34,634
ten per cent per annum. In such computation any fraction of a 34,635
month shall be considered as a full month. 34,636
(2) Any contribution, payment in lieu of contribution, 34,638
interest, forfeiture, or fine due from an employer on or after 34,639
January 1, 1993, shall, if not paid when due, bear interest at 34,640
the annual rate of fourteen per cent compounded monthly on the 34,641
aggregate receivable balance due. In such computation any 34,642
fraction of a month shall be considered as a full month. 34,643
(C) The administrator DIRECTOR may waive the interest 34,645
assessed under division (B)(2) of this section if the employer 34,646
meets all of the following conditions within thirty days after 34,647
the date the administrator DIRECTOR mails or delivers the notice 34,648
of assessment of interest: 34,650
(1) Provides to the administrator DIRECTOR a written 34,652
request for a waiver of interest clearly demonstrating that his 34,654
782
THE EMPLOYER'S failure to timely pay contributions, payments in 34,656
lieu of contributions, interest, forfeiture, and fines was a 34,657
result of circumstances beyond the control of the employer or his 34,658
THE EMPLOYER'S agent, except that negligence on the part of the 34,660
employer or his THE EMPLOYER'S agent shall not be considered 34,662
beyond the control of the employer or his THE EMPLOYER'S agent; 34,663
(2) Furnishes to the administrator DIRECTOR all quarterly 34,665
reports required under section 4141.20 of the Revised Code; 34,667
(3) Pays in full all contributions, payments in lieu of 34,669
contributions, interest, forfeiture, and fines for each quarter 34,670
for which such payments are due. 34,671
The administrator DIRECTOR shall deny an employer's request 34,673
for a waiver of interest if he finds AFTER FINDING that the 34,675
employer's failure to timely furnish reports or make payments as 34,677
required under this chapter was due to an attempt to evade 34,678
payment.
(D) Any contribution, interest, forfeiture, or fine 34,680
required to be paid under this chapter by any employer shall, if 34,681
not paid when due, become a lien upon the real and personal 34,682
property of such employer. Upon failure of such employer to pay 34,683
the contributions, interest, forfeiture, or fine required to be 34,684
paid under this chapter, the administrator DIRECTOR shall file 34,685
notice of such lien, for which there shall be no charge, in the 34,687
office of the county recorder of the county in which it is 34,688
ascertained that such employer owns real estate or personal 34,689
property. The administrator DIRECTOR shall notify the employer 34,690
by mail of the lien. The absence of proof that the notice was 34,692
sent does not affect the validity of the lien. Such lien shall 34,693
not be valid as against the claim of any mortgagee, pledgee, 34,694
purchaser, judgment creditor, or other lienholder of record at 34,695
the time such notice is filed. 34,696
If the employer acquires real or personal property after 34,698
notice of lien is filed, such lien shall not be valid as against 34,699
the claim of any mortgagee, pledgee, subsequent bona fide 34,700
783
purchaser for value, judgment creditor, or other lienholder of 34,701
record to such after-acquired property, unless the notice of lien 34,702
is refiled after such property was acquired by the employer and 34,703
before the competing lien attached to such after-acquired 34,704
property or before the conveyance to such subsequent bona fide 34,705
purchaser for value. 34,706
Such notice shall be recorded in a book kept by the 34,708
recorder called the "unemployment compensation lien record" and 34,709
indexed therein in an alphabetical index under the name of such 34,710
employer. When such unpaid contributions, interest, forfeiture, 34,711
or fines have been paid, the employer may record with the 34,712
recorder of the county in which such notice of lien has been 34,713
filed and recorded, notice of such payment. For recording such 34,714
notice of payment the recorder shall charge and receive from the 34,715
employer a fee of two dollars. 34,716
(E) Assessment of contributions shall not be made after 34,718
four years from the date on which such contributions became 34,719
payable, and no action in court for the collection of 34,720
contributions without assessment of such contributions shall be 34,721
begun after the expiration of five years from the date such 34,722
contributions became payable. In case of a false or fraudulent 34,723
report or of a willful attempt in any manner to evade 34,724
contributions, such contributions may be assessed or a proceeding 34,725
in court for the collection of such contributions may be begun 34,726
without assessment at any time. When the assessment of 34,727
contributions has been made within such four-year period 34,728
provided, action in court to collect such contributions may be 34,729
begun within, but not later than, six years after such 34,730
assessment. 34,731
(F) In the event of a distribution of an employer's 34,733
assets, pursuant to an order of any court under the law of this 34,734
state, including any receivership, assignment for benefit of 34,735
creditors, adjudicated insolvency, or similar proceedings, 34,736
contributions, interest, forfeiture, or fine then or thereafter 34,737
784
due have the same priority as provided by law for the payment of 34,738
taxes due the state and shall be paid out of the trust fund in 34,739
the same manner as provided for other claims for unpaid taxes due 34,740
the state. 34,741
(G) If the attorney general finds after investigation that 34,743
any claim for delinquent contributions, interest, forfeitures, or 34,744
fines owing to the bureau DIRECTOR is uncollectible, in whole or 34,745
in part, he THE ATTORNEY GENERAL shall recommend to the 34,747
administrator DIRECTOR the cancellation of such claim or any part 34,750
thereof. The administrator DIRECTOR may thereupon effect such 34,752
cancellation.
Sec. 4141.231. (A) If the administrator DIRECTOR of the 34,761
bureau of employment JOB AND FAMILY services determines that an 34,763
employer is liable for unemployment compensation contributions or 34,764
payments in lieu of contributions, interest, forfeitures, or 34,765
fines totaling an amount that exceeds one thousand dollars which 34,766
remain due and unpaid for thirty days or more and no part of the 34,767
amount due is the subject of an appeal under this chapter, he THE 34,768
DIRECTOR may certify this determination to the director of budget 34,770
and management. If the director OF BUDGET AND MANAGEMENT, upon 34,771
receipt of the administrator's DIRECTOR OF JOB AND FAMILY 34,772
SERVICES' determination, determines that the employer is a person 34,774
who has provided goods or services to this state for which 34,775
amounts are to be approved for payment pursuant to section 126.07 34,776
of the Revised Code, he THE DIRECTOR OF BUDGET AND MANAGEMENT 34,777
shall, in approving payments to the person under that section, 34,778
withhold from amounts otherwise payable to the person, the amount 34,779
of unemployment compensation contributions or payments in lieu of 34,780
contributions, interest, forfeitures, or fines due and unpaid as 34,781
certified by the administrator DIRECTOR OF JOB AND FAMILY 34,782
SERVICES, and shall approve for payment to the bureau DIRECTOR OF 34,784
JOB AND FAMILY SERVICES, the amount withheld. 34,785
(B) The administrator DIRECTOR OF JOB AND FAMILY SERVICES 34,787
shall deposit amounts received under division (A) of this section 34,789
785
into the clearing account established pursuant to division (C) of 34,790
section 4141.09 of the Revised Code. 34,791
Sec. 4141.24. (A)(1) The administrator DIRECTOR of the 34,800
bureau of employment JOB AND FAMILY services shall maintain a 34,803
separate account for each employer and, except as otherwise 34,804
provided in division (B) of section 4141.25 of the Revised Code 34,805
respecting mutualized contributions, shall credit such employer's 34,806
account with all the contributions, or payments in lieu of 34,807
contributions, which the employer has paid on the employer's own 34,808
behalf.
(2) If, as of the computation date, a contributory 34,810
employer's account shows a negative balance computed as provided 34,811
in division (A)(3) of section 4141.25 of the Revised Code, less 34,813
any contributions due and unpaid on such date, which negative
balance is in excess of the limitations imposed by divisions 34,814
(A)(2)(a), (b), and (c) of this section and if the employer's 34,815
account is otherwise eligible for the transfer, then before the 34,816
employer's contribution rate is computed for the next succeeding 34,817
contribution period, an amount equal to the amount of the excess 34,818
eligible for transfer shall be permanently transferred from the 34,819
account of such employer and charged to the mutualized account 34,820
provided in division (B) of section 4141.25 of the Revised Code. 34,822
(a) If as of any computation date, a contributory 34,824
employer's account shows a negative balance in excess of ten per 34,825
cent of the employer's average annual payroll, then before the 34,826
employer's contribution rate is computed for the next succeeding 34,827
contribution period, an amount equal to the amount of the excess 34,828
shall be transferred from the account as provided in this 34,829
division. No contributory employer's account may have any excess 34,830
transferred pursuant to division (A)(2)(a) of this section, 34,831
unless the employer's account has shown a positive balance for at 34,833
least two consecutive computation dates prior to the computation
date with respect to which the transfer is proposed. Each time a 34,834
transfer is made pursuant to division (A)(2)(a) of this section, 34,835
786
the employer's account is ineligible for any additional transfers 34,836
under that division, until the account shows a positive balance 34,837
for at least two consecutive computation dates subsequent to the 34,838
computation date of which the most recent transfer occurs 34,839
pursuant to division (A)(2)(a), (b), or (c) of this section. 34,840
(b) If at the next computation date after the computation 34,842
date at which a transfer from the account occurs pursuant to 34,843
division (A)(2)(a) of this section, a contributory employer's 34,844
account shows a negative balance in excess of fifteen per cent of 34,845
the employer's average annual payroll, then before the employer's 34,847
contribution rate is computed for the next succeeding
contribution period an amount equal to the amount of the excess 34,848
shall be permanently transferred from the account as provided in 34,849
this division. 34,850
(c) If at the next computation date subsequent to the 34,852
computation date at which a transfer from a contributory 34,853
employer's account occurs pursuant to division (A)(2)(b) of this 34,854
section, the employer's account shows a negative balance in 34,855
excess of twenty per cent of the employer's average annual 34,856
payroll, then before the employer's contribution rate is computed 34,858
for the next succeeding contribution period, an amount equal to
the amount of the excess shall be permanently transferred from 34,859
the account as provided in this division. 34,860
(d) If no transfer occurs pursuant to division (A)(2)(b) 34,862
or (c) of this section, the employer's account is ineligible for 34,863
any additional transfers under division (A)(2) until the account 34,864
requalifies for a transfer pursuant to division (A)(2)(a) of this 34,865
section. 34,866
(B) Any employer may make voluntary payments in addition 34,868
to the contributions required under this chapter, in accordance 34,869
with rules established by the administrator DIRECTOR. Such 34,870
payments shall be included in the employer's account as of the 34,872
computation date, provided they are received by the bureau of 34,873
employment services DIRECTOR by the thirty-first day of December 34,875
787
following such computation date. Such voluntary payment, when 34,876
accepted from an employer, will not be refunded in whole or in 34,877
part. In determining whether an employer's account has a 34,878
positive balance on two consecutive computation dates and is 34,879
eligible for transfers under division (A)(2) of this section, the 34,880
administrator DIRECTOR shall exclude any voluntary payments made 34,882
subsequent to the last transfer made under division (A)(2) of 34,883
this section.
(C) All contributions to the fund shall be pooled and 34,885
available to pay benefits to any individual entitled to benefits 34,886
irrespective of the source of such contributions. 34,887
(D)(1) For the purposes of this section and sections 34,889
4141.241 and 4141.242 of the Revised Code, an employer's account 34,890
shall be charged only for benefits based on remuneration paid by 34,891
such employer. Benefits paid to an eligible individual shall be 34,892
charged against the account of each employer within the 34,893
claimant's base period in the proportion to which wages 34,894
attributable to each employer of the claimant bears to the 34,895
claimant's total base period wages. Charges to the account of a 34,896
base period employer with whom the claimant is employed part-time 34,897
at the time the claimant's application for a determination of 34,899
benefits rights is filed shall be charged to the mutualized
account when all of the following conditions are met: 34,900
(a) The claimant also worked part-time for the employer 34,902
during the base period of the claim. 34,903
(b) The claimant is unemployed due to loss of other 34,905
employment. 34,906
(c) The employer is not a reimbursing employer under 34,909
section 4141.241 or 4141.242 of the Revised Code.
(2) Notwithstanding division (D)(1) of this section, 34,911
charges to the account of any employer, including any reimbursing 34,912
employer, shall be charged to the mutualized account if it 34,913
finally is determined by a court on appeal that the employer's 34,914
account is not chargeable for the benefits.
788
(3) The administrator DIRECTOR shall notify each employer 34,916
at least once each month of the benefits charged to the 34,918
employer's account since the last preceding notice; except that 34,920
for the purposes of sections 4141.241 and 4141.242 of the Revised 34,921
Code which provides the billing of employers on a payment in lieu 34,922
of a contribution basis, the administrator DIRECTOR may prescribe 34,923
a quarterly or less frequent notice of benefits charged to the 34,925
employer's account. Such notice will show a summary of the 34,926
amount of benefits paid which were charged to the employer's 34,927
account. This notice shall not be deemed a determination of the 34,928
claimant's eligibility for benefits. Any employer so notified, 34,929
however, may file within fifteen days after the mailing date of 34,930
the notice, an exception to charges appearing on the notice on 34,932
the grounds that such charges are not in accordance with this 34,933
section. The administrator DIRECTOR shall promptly examine the 34,935
exception to such charges and shall notify the employer of the 34,936
administrator's DIRECTOR'S decision thereon, which decision shall 34,938
become final unless appealed to the unemployment compensation 34,939
review commission in the manner provided in section 4141.26 of 34,940
the Revised Code. For the purposes of this division, an 34,941
exception is considered timely filed when it has been received as 34,942
provided in division (I)(2) of section 4141.28 of the Revised 34,943
Code.
(E) The administrator DIRECTOR shall terminate and close 34,945
the account of any contributory employer who has been subject to 34,946
this chapter if the enterprise for which the account was 34,947
established is no longer in operation and it has had no payroll 34,948
and its account has not been chargeable with benefits for a 34,949
period of five consecutive years. The amount of any positive 34,950
balance, computed as provided in division (A)(3) of section 34,951
4141.25 of the Revised Code, in an account closed and terminated 34,952
as provided in this section shall be credited to the mutualized 34,953
account as provided in division (B)(2)(b) of section 4141.25 of 34,954
the Revised Code. The amount of any negative balance, computed 34,955
789
as provided in division (A)(3) of section 4141.25 of the Revised 34,956
Code, in an account closed and terminated as provided in this 34,957
section shall be charged to the mutualized account as provided in 34,958
division (B)(1)(b) of section 4141.25 of the Revised Code. The 34,959
amount of any positive balance or negative balance, credited or 34,961
charged to the mutualized account after the termination and 34,962
closing of an employer's account, shall not thereafter be 34,963
considered in determining the contribution rate of such employer. 34,964
The closing of an employer's account as provided in this division 34,965
shall not relieve such employer from liability for any unpaid 34,966
contributions or payment in lieu of contributions which are due 34,967
for periods prior to such closing. 34,968
If the administrator DIRECTOR finds that a contributory 34,970
employer's business is closed solely because of the entrance of 34,972
one or more of the owners, officers, or partners, or the majority 34,973
stockholder, into the armed forces of the United States, or any 34,974
of its allies, or of the United Nations after July 1, 1950, such 34,975
employer's account shall not be terminated and if the business is 34,976
resumed within two years after the discharge or release of such 34,977
persons from active duty in the armed forces, the employer's 34,978
experience shall be deemed to have been continuous throughout 34,979
such period. The reserve ratio of any such employer shall be the 34,980
total contributions paid by such employer minus all benefits, 34,981
including benefits paid to any individual during the period such 34,982
employer was in the armed forces, based upon wages paid by the 34,983
employer prior to the employer's entrance into the armed forces 34,985
divided by the average of the employer's annual payrolls for the 34,986
three most recent years during the whole of which the employer 34,988
has been in business.
(F) If an employer transfers the employer's business or 34,990
otherwise reorganizes such business, the successor in interest 34,991
shall assume the resources and liabilities of such employer's 34,992
account, and continue the payment of all contributions, or 34,993
payments in lieu of contributions, due under this chapter. If an 34,994
790
employer acquires substantially all of the assets in a trade or 34,995
business of another employer, or a clearly segregable and 34,996
identifiable portion of an employer's enterprise, and immediately 34,997
after the acquisition employs in the employer's trade or business 34,998
substantially the same individuals who immediately prior to the 35,000
acquisition were employed in the trade or business or in the 35,001
separate unit of such trade or business of such predecessor 35,002
employer, then, upon application to the administrator DIRECTOR 35,003
signed by the predecessor employer and the acquiring employer, 35,005
the employer acquiring such enterprise is the successor in 35,006
interest. In the case of a transfer of a portion of an 35,007
employer's enterprise, only that part of the experience with 35,008
unemployment compensation and payrolls that is directly 35,009
attributable to the segregated and identifiable part shall be 35,010
transferred and used in computing the contribution rate of the 35,011
successor employer on the next computation date. The
administrator DIRECTOR by rule may prescribe procedures for 35,012
effecting transfers of experience as provided for in this 35,014
section.
(G) For the purposes of this section, two or more 35,016
employers who are parties to or the subject of a merger, 35,017
consolidation, or other form of reorganization effecting a change 35,018
in legal identity or form are deemed to be a single employer if 35,019
the administrator DIRECTOR finds that immediately after such 35,020
change the employing enterprises of the predecessor employers are 35,022
continued solely through a single employer as successor thereto, 35,023
and immediately after such change such successor is owned or 35,024
controlled by substantially the same interests as the predecessor 35,025
employers, and the successor has assumed liability for all 35,026
contributions required of the predecessor employers, and the 35,027
consideration of such two or more employers as a single employer 35,028
for the purposes of this section would not be inequitable. 35,029
(H) No rate of contribution less than two and seven-tenths 35,032
per cent shall be permitted a contributory employer succeeding to 35,033
791
the experience of another contributory employer pursuant to this 35,034
section for any period subsequent to such succession, except in 35,035
accordance with rules prescribed by the administrator DIRECTOR, 35,036
which rules shall be consistent with federal requirements for 35,038
additional credit allowance in section 3303 of the "Internal 35,039
Revenue Code of 1954" and consistent with this chapter, except 35,040
that such rules may establish a computation date for any such 35,041
period different from the computation date generally prescribed 35,042
by this chapter, and may define "calendar year" as meaning a 35,043
twelve-consecutive-month period ending on the same day of the 35,044
year as that on which such computation date occurs. 35,045
(I) The administrator DIRECTOR may prescribe rules for the 35,047
establishment, maintenance, and dissolution of common 35,048
contribution rates for two or more contributory employers, and in 35,049
accordance with such rules and upon application by two or more 35,050
employers shall establish such common rate to be computed by 35,051
merging the several contribution rate factors of such employers 35,052
for the purpose of establishing a common contribution rate 35,053
applicable to all such employers. 35,054
Sec. 4141.241. (A)(1) Any nonprofit organization 35,063
described in division (X) of section 4141.01 of the Revised Code, 35,064
which becomes subject to this chapter on or after January 1, 35,065
1972, shall pay contributions under section 4141.25 of the 35,066
Revised Code, unless it elects, in accordance with this division, 35,067
to pay to the administrator DIRECTOR of employment JOB AND FAMILY 35,069
services for deposit in the unemployment compensation fund an 35,070
amount in lieu of contributions equal to the amount of regular 35,071
benefits plus one half of extended benefits paid from that fund 35,072
that is attributable to service in the employ of the nonprofit 35,073
organization to individuals whose service, during the base period 35,074
of the claims, was within the effective period of such election. 35,075
(2) Any nonprofit organization which becomes subject to 35,077
this chapter after January 1, 1972, may elect to become liable 35,078
for payments in lieu of contributions for a period of not less 35,079
792
than the remainder of that calendar year and the next calendar 35,080
year, beginning with the date on which such subjectivity begins, 35,081
by filing a written notice of its election with the administrator 35,082
DIRECTOR not later than thirty days immediately following the 35,084
date of the determination of such subjectivity. 35,085
(3) Any nonprofit organization which makes an election in 35,087
accordance with this division will continue to be liable for 35,088
payments in lieu of contributions for the period described in 35,089
this division and until it files with the administrator DIRECTOR 35,090
a written notice terminating its election. The notice shall be 35,092
filed not later than thirty days prior to the beginning of the 35,093
calendar year for which the termination is to become effective. 35,094
(4) Any nonprofit organization which has been paying 35,096
contributions for a period subsequent to January 1, 1972, may 35,097
change to a reimbursable basis by filing with the administrator 35,098
DIRECTOR, not later than thirty days prior to the beginning of 35,100
any calendar year, a written notice of election to become liable 35,101
for payments in lieu of contributions. The election shall not be 35,102
terminable by the organization during that calendar year and the 35,103
next calendar year. 35,104
(5) The administrator DIRECTOR, in accordance with any 35,106
rules the administrator DIRECTOR prescribes, shall notify each 35,108
nonprofit organization of any determination which the 35,110
administrator DIRECTOR may make of its status as an employer and 35,112
of the effective date of any election which it makes and of any 35,113
termination of the election. Any determinations shall be subject 35,114
to reconsideration, appeal, and review in accordance with section 35,115
4141.26 of the Revised Code. 35,116
(B) Except as provided in division (I) of section 4141.29 35,118
of the Revised Code, benefits based on service with a nonprofit 35,119
organization granted a reimbursing status under this section 35,120
shall be payable in the same amount, on the same terms, and 35,121
subject to the same conditions, as benefits payable on the basis 35,122
of other service subject to this chapter. Payments in lieu of 35,123
793
contributions shall be made in accordance with this division and 35,124
division (D) of section 4141.24 of the Revised Code. 35,125
(1)(a) At the end of each calendar quarter, or at the end 35,127
of any other period as determined by the administrator DIRECTOR 35,128
under division (D)(3) of section 4141.24 of the Revised Code, the 35,130
administrator DIRECTOR shall bill each nonprofit organization or 35,131
group of such organizations which has elected to make payments in 35,133
lieu of contributions for an amount equal to the full amount of 35,134
regular benefits plus one half of the amount of extended benefits 35,135
paid during such quarter or other prescribed period which is 35,136
attributable to service in the employ of such organization. 35,137
(b) In the computation of the amount of benefits to be 35,139
charged to employers liable for payments in lieu of 35,140
contributions, all benefits attributable to service described in 35,141
division (B)(1)(a) of this section shall be computed and charged 35,142
to such organization as described in division (D) of section 35,143
4141.24 of the Revised Code, and, except as provided in division 35,144
(D)(2) of section 4141.24 of the Revised Code, no portion of the 35,146
amount may be charged to the mutualized account established by 35,147
division (B) of section 4141.25 of the Revised Code. 35,148
(c) The administrator DIRECTOR may prescribe regulations 35,150
under which organizations, which have elected to make payments in 35,151
lieu of contributions may request permission to make such 35,152
payments in equal installments throughout the year with an 35,153
adjustment at the end of the year for any excess or shortage of 35,154
the amount of such installment payments compared with the total 35,155
amount of benefits actually charged the organization's account 35,156
during the year. In making any adjustment, where the total 35,157
installment payments are less than the actual benefits charged, 35,158
the organization shall be liable for payment of the unpaid 35,159
balance in accordance with division (B)(2) of this section. If 35,160
the total installment payments exceed the actual benefits 35,161
charged, all or part of the excess may, at the discretion of the 35,162
administrator DIRECTOR, be refunded or retained in the fund as 35,164
794
part of the payments which may be required in the next year. 35,165
(2) Payment of any bill rendered under division (B)(1) of 35,167
this section shall be made not later than thirty days after the 35,168
bill was mailed to the last known address of the organization or 35,169
was otherwise delivered to it, unless there has been an 35,170
application for review and redetermination in accordance with 35,171
division (B)(4) of this section. 35,172
(3) Payments made by an organization under this section 35,174
shall not be deducted or deductible, in whole or in part, from 35,175
the remuneration of individuals in the employ of the 35,176
organization. 35,177
(4) An organization may file an application for review and 35,179
redetermination of the amounts appearing on any bill rendered to 35,180
such organization under division (B)(1) of this section. The 35,181
application shall be filed and determined under division (D)(3) 35,183
of section 4141.24 of the Revised Code. 35,184
(5) Past-due payments of amounts in lieu of contributions 35,186
shall be subject to the same interest rates and collection 35,187
procedures that apply to past-due contributions under sections 35,188
4141.23 and 4141.27 of the Revised Code. In case of failure to 35,189
file a required quarterly report within the time prescribed by 35,190
the administrator DIRECTOR, the nonprofit organization shall be 35,191
subject to a forfeiture pursuant to section 4141.20 of the 35,193
Revised Code for each quarterly report that is not timely filed. 35,194
All interest and forfeitures collected under this division 35,196
shall be paid into the unemployment compensation special 35,197
administrative fund as provided in section 4141.11 of the Revised 35,198
Code. 35,199
(6) All payments in lieu of contributions collected under 35,201
this section shall be paid into the unemployment compensation 35,202
fund as provided in section 4141.09 of the Revised Code. Any 35,203
refunds of such payments shall be paid from the unemployment 35,204
compensation fund, as provided in section 4141.09 of the Revised 35,205
Code. 35,206
795
(C)(1) Any nonprofit organization, or group of such 35,208
organizations approved under division (D) of this section, that 35,210
elects to become liable for payments in lieu of contributions 35,211
shall be required within thirty days after the effective date of 35,212
its election, to execute and file with the administrator DIRECTOR 35,214
a surety bond approved by the administrator DIRECTOR or it may 35,215
elect instead to deposit with the administrator DIRECTOR approved 35,217
municipal or other bonds, or approved securities, or a 35,219
combination thereof, or other forms of collateral security 35,220
approved by the administrator DIRECTOR.
(2)(a) The amount of the bond or deposit required shall be 35,222
equal to three per cent of the organization's wages paid for 35,223
employment as defined in section 4141.01 of the Revised Code that 35,224
would have been taxable had the organization been a subject 35,225
employer during the four calendar quarters immediately preceding 35,226
the effective date of the election, or the amount established by 35,228
the administrator DIRECTOR within the limitation provided in 35,230
division (C)(2)(d) of this section, whichever is the less. The 35,231
effective date of the amount of the bond or other collateral 35,232
security required after the employer initially is determined by
the administrator DIRECTOR to be liable for payments in lieu of 35,233
contributions shall be the renewal date in the case of a bond or 35,236
the biennial anniversary of the effective date of election in the 35,237
case of deposit of securities or other forms of collateral
security approved by the administrator DIRECTOR, whichever date 35,238
shall be most recent and applicable. If the nonprofit 35,239
organization did not pay wages in each of such four calendar 35,240
quarters, the amount of the bond or deposit shall be as 35,241
determined by the administrator DIRECTOR under regulations 35,242
prescribed for this purpose. 35,244
(b) Any bond or other form of collateral security approved 35,246
by the administrator DIRECTOR deposited under this division shall 35,247
be in force for a period of not less than two calendar years and 35,248
shall be renewed with the approval of the administrator DIRECTOR, 35,249
796
at such times as the administrator DIRECTOR may prescribe, but 35,251
not less frequently than at two-year intervals as long as the 35,253
organization continues to be liable for payments in lieu of 35,254
contributions. The administrator DIRECTOR shall require 35,256
adjustments to be made in a previously filed bond or other form
of collateral security as the administrator DIRECTOR considers 35,258
appropriate. If the bond or other form of collateral security is 35,260
to be increased, the adjusted bond or collateral security shall 35,261
be filed by the organization within thirty days of the date that 35,262
notice of the required adjustment was mailed or otherwise 35,263
delivered to it. Failure by any organization covered by such 35,264
bond or collateral security to pay the full amount of payments in 35,265
lieu of contributions when due, together with any applicable
interest provided for in division (B)(5) of this section, shall 35,266
render the surety liable on the bond or collateral security to 35,267
the extent of the bond or collateral security, as though the 35,269
surety was the organization.
(c) Any securities accepted in lieu of surety bond by the 35,271
administrator DIRECTOR shall be deposited with the treasurer of 35,272
state who shall have custody thereof and retain the same in the 35,274
treasurer of state's possession, or release them, according to 35,275
conditions prescribed by regulations of the administrator 35,277
DIRECTOR. Income from the securities, held in custody by the 35,279
treasurer of state, shall accrue to the benefit of the depositor 35,280
and shall be distributed to the depositor in the absence of any 35,281
notification from the administrator DIRECTOR that the depositor 35,282
is in default on any payment owed to the bureau of employment 35,283
services DIRECTOR. The administrator DIRECTOR may require the 35,285
sale of any such bonds to the extent necessary to satisfy any 35,286
unpaid payments in lieu of contributions, together with any 35,287
applicable interest or forfeitures provided for in division 35,288
(B)(5) of this section. The administrator DIRECTOR shall require 35,289
the employer within thirty days following any sale of deposited 35,290
securities, under this subdivision, to deposit additional 35,291
797
securities, surety bond, or combination of both, to make whole 35,292
the employer's security deposit at the approved level. Any cash 35,293
remaining from the sale of such securities may, at the discretion 35,294
of the administrator DIRECTOR, be refunded in whole or in part, 35,295
or be paid into the unemployment compensation fund to cover 35,297
future payments required of the organization. 35,298
(d) The required bond or deposit for any nonprofit 35,300
organization, or group of such organizations approved by the 35,301
administrator DIRECTOR under division (D) of this section, that 35,303
is determined by the administrator DIRECTOR to be liable for 35,304
payments in lieu of contributions effective beginning on and 35,305
after January 1, 1996, but prior to January 1, 1998, and the 35,306
required bond or deposit for any renewed elections under division 35,307
(C)(2)(b) of this section effective during that period shall not 35,308
exceed one million two hundred fifty thousand dollars. The
required bond or deposit for any nonprofit organization, or group 35,309
of such organizations approved by the administrator DIRECTOR 35,310
under division (D) of this section, that is determined to be 35,312
liable for payments in lieu of contributions effective on and 35,313
after January 1, 1998, and the required bond or deposit for any 35,314
renewed elections effective on and after January 1, 1998, shall 35,315
not exceed two million dollars.
(3) If any nonprofit organization fails to file a bond or 35,317
make a deposit, or to file a bond in an increased amount or to 35,318
make whole the amount of a previously made deposit, as provided 35,319
under this division, the administrator DIRECTOR may terminate the 35,321
organization's election to make payments in lieu of contributions 35,322
effective for the quarter following such failure and the 35,323
termination shall continue for not less than the remainder of 35,324
that calendar year and the next calendar year, beginning with the 35,325
quarter in which the termination becomes effective; except that 35,326
the administrator DIRECTOR may extend for good cause the 35,327
applicable filing, deposit, or adjustment period by not more than 35,329
thirty days. 35,330
798
(D)(1) Two or more nonprofit organizations that have 35,332
become liable for payments in lieu of contributions, in 35,333
accordance with division (A) of this section, may file a joint 35,334
application to the administrator DIRECTOR for the establishment 35,335
of the group account for the purpose of sharing the cost of 35,337
benefits paid that are attributable to service in the employ of 35,338
those employers. Notwithstanding division (E) of section 35,339
4141.242 of the Revised Code, hospitals operated by this state or 35,340
a political subdivision may participate in a group account with 35,341
nonprofit organizations under the procedures set forth in this 35,342
section. Each application shall identify and authorize a group 35,343
representative to act as the group's agent for the purposes of 35,344
this division. 35,345
(2) Upon the administrator's DIRECTOR'S approval of the 35,347
application, the administrator DIRECTOR shall establish a group 35,349
account for the employers effective as of the beginning of the 35,351
calendar quarter in which the administrator DIRECTOR receives the 35,352
application and shall notify the group's representative of the 35,354
effective date of the account. The account shall remain in 35,355
effect for not less than two years and thereafter until 35,356
terminated by the administrator DIRECTOR or upon application by 35,357
the group. 35,358
(3) Upon establishment of the account, each member of the 35,360
group shall be liable, in the event that the group representative 35,361
fails to pay any bill issued to it pursuant to division (B) of 35,362
this section, for payments in lieu of contributions with respect 35,363
to each calendar quarter in the amount that bears the same ratio 35,364
to the total benefits paid in the quarter that are attributable 35,365
to service performed in the employ of all members of the group as 35,366
the total wages paid for service in employment by the member in 35,367
the quarter bear to the total wages paid during the quarter for 35,368
service performed in the employ of all members of the group. 35,369
(4) The administrator DIRECTOR shall adopt regulations as 35,371
considered necessary with respect to the following: applications 35,373
799
for establishment, bonding, maintenance, and termination of group 35,374
accounts that are authorized by this section; addition of new 35,375
members to and withdrawal of active members from such accounts; 35,376
and the determination of the amounts that are payable under this 35,377
division by the group representative and in the event of default 35,378
in payment by the group representative, members of the group, and 35,379
the time and manner of payments. 35,380
Sec. 4141.242. (A) On or after January 1, 1978, the 35,389
state, its instrumentalities, its political subdivisions and 35,390
their instrumentalities, and any subdivision thereof as defined 35,391
in division (H) of this section and described in this section as 35,392
public entities, shall pay to the administrator DIRECTOR of the 35,394
bureau of employment JOB AND FAMILY services for deposit in the 35,395
unemployment compensation fund an amount in lieu of contributions 35,396
equal to the full amount of regular benefits, and the amount of 35,397
extended benefits chargeable under the terms of section 4141.301 35,398
of the Revised Code, from that fund that is attributable to 35,399
service in the employ of the public entity, under the same terms 35,400
and conditions as required of nonprofit organizations electing 35,401
reimbursing status under section 4141.241 of the Revised Code; 35,402
unless the public entity elects to pay contributions under 35,403
section 4141.25 of the Revised Code, under the following 35,404
conditions:
(1) Any public entity may elect, after December 31, 1977, 35,406
to become liable for contribution payments, as set forth in 35,407
section 4141.25 of the Revised Code, for a period of not less 35,408
than two calendar years by filing with the administrator DIRECTOR 35,409
a written notice of its election. 35,410
(2) The effective date of the election to pay 35,412
contributions shall be the first day of the first calendar 35,413
quarter after the election is approved by the administrator 35,414
DIRECTOR and which is at least thirty days after the election 35,415
notice was received. 35,416
(B) No surety bond shall be required of any reimbursing 35,418
800
public entity, as is required of nonprofit organizations under 35,419
division (C) of section 4141.241 of the Revised Code. Any public 35,420
entity, either reimbursing or contributory, shall, if it becomes 35,421
delinquent in the payment of reimbursements, contributions, 35,422
forfeiture, or interest, be subject to the same terms and the 35,423
same collection procedures as are set forth for reimbursing 35,424
employers under division (B) of section 4141.241 of the Revised 35,425
Code; and as set forth for contributory employers under this 35,426
chapter.
(C) The state of Ohio account and the accounts and 35,429
subaccounts of its instrumentalities, as defined in divisions 35,430
(H)(1)(a) and (b) of this section, shall be administered by the 35,431
director of administrative services, in coordination with the 35,432
administrator DIRECTOR OF JOB AND FAMILY SERVICES in accordance 35,433
with the terms and conditions of this chapter, regarding the 35,435
determination and payment of benefits attributable to service 35,437
with the state or its instrumentalities. In this capacity, the 35,438
director of administrative services shall maintain any necessary 35,440
accounts and subaccounts for the various agencies and departments 35,441
of the state and, through the director of budget and management, 35,443
apportion among the various state entities, and collect, the 35,444
costs of unemployment benefits, as billed by the bureau DIRECTOR 35,445
of employment JOB AND FAMILY services, except that any of the 35,446
individual agencies and departments for which such accounts and 35,447
subaccounts are maintained may, with the concurrence of the 35,448
director of administrative services and the administrator 35,449
DIRECTOR OF JOB AND FAMILY SERVICES, be designated to receive 35,450
billings directly from the administrator DIRECTOR OF JOB AND 35,451
FAMILY SERVICES and make payment in response to such billings 35,452
directly to the administrator DIRECTOR OF JOB AND FAMILY 35,453
SERVICES. Any moneys paid directly under this division and 35,454
collected by the director of administrative services shall be 35,455
forwarded to the administrator DIRECTOR OF JOB AND FAMILY 35,456
SERVICES for deposit in the fund established by division (A) of 35,458
801
section 4141.09 of the Revised Code, and shall be credited to the 35,459
accounts of the state and its instrumentalities. 35,460
(D) The accounts of the various local subdivisions, and 35,462
their instrumentalities shall be administered by appropriate 35,463
officials, as designated to the administrator DIRECTOR OF JOB AND 35,464
FAMILY SERVICES when the accounts are established. 35,466
(E) Two or more reimbursing public entities may file a 35,468
joint application to the administrator DIRECTOR OF JOB AND FAMILY 35,469
SERVICES for the establishment of a group account, for the 35,471
purpose of sharing the cost of benefits attributable to service 35,472
with the public entities, under the conditions provided for 35,473
nonprofit organizations under division (D) of section 4141.241 of 35,474
the Revised Code.
(F) Two or more public entities that have elected to pay 35,476
contributions may apply for a common rate under division (I) of 35,477
section 4141.24 of the Revised Code. Clear authority, 35,478
resolution, or ordinance for combining must be presented with the 35,479
application requesting the common rate status. Applications must 35,480
be filed by the first day of October of any year, to be effective 35,481
for the following calendar year. 35,482
(G) A public entity, either reimbursing or one electing to 35,484
pay contributions, shall be liable for the full amount of any 35,485
regular benefits paid that are attributable to service in the 35,486
employ of the public entity during the base period of a benefit 35,487
claim, and any extended benefits paid based on service as 35,488
provided in divisions (G)(1)(b) and (1)(c) of section 4141.301 of 35,489
the Revised Code. Where a public entity has changed from a 35,490
reimbursing status to a contributory status, during the base 35,491
period of the benefit claim, then the benefit charges 35,492
attributable to service with the reimbursement account shall be 35,493
charged to the reimbursement account; and, the charges 35,494
attributable to the contributory account shall be charged to that 35,495
account. The same rule shall be applicable to situations where a 35,496
contributory public entity has changed to a reimbursing status 35,497
802
during the base period of a benefit claim. 35,498
(H)(1) For the purposes of establishing employer status 35,500
and accounts for the state and its instrumentalities, its 35,501
political subdivisions and their instrumentalities, a separate 35,502
account shall be established and maintained for: 35,503
(a) The state, including therein the legislative and 35,505
executive branches, as defined in Articles II and III of the Ohio 35,506
Constitution, and the Ohio supreme court; 35,507
(b) Each separate instrumentality of the state; 35,509
(c) Each political subdivision of the state, including 35,511
therein the legislative, executive, and judicial functions 35,512
performed for the subdivision; 35,513
(d) Each separate instrumentality of the political 35,515
subdivision; 35,516
(e) Any jointly owned instrumentality of more than one of 35,518
the public entities described in this division, or any jointly 35,519
owned instrumentality of any such public entities and one or more 35,520
other states or political subdivisions thereof. 35,521
(2) For the purposes of this chapter, the separate 35,525
accounts, established by this division, shall be described as 35,526
"public entity accounts."
(I) The administrator DIRECTOR OF JOB AND FAMILY SERVICES, 35,528
in accordance with any rules that the administrator DIRECTOR may 35,530
prescribe, shall notify each public entity of any determination 35,532
which the administrator DIRECTOR may make of its status as an 35,533
employer and of the effective date of any election which it makes 35,534
and of any termination of the election. Any determinations are 35,535
subject to reconsideration, appeal, and review in accordance with 35,536
sections 4141.26 and 4141.28 of the Revised Code. 35,537
Sec. 4141.25. (A) The administrator DIRECTOR of the 35,546
bureau of employment JOB AND FAMILY services shall determine as 35,547
of each computation date the contribution rate of each 35,548
contributing employer subject to this chapter for the next 35,550
succeeding contribution period. The administrator DIRECTOR shall 35,551
803
determine a standard rate of contribution or an experience rate 35,552
for each contributing employer. Once a rate of contribution has 35,553
been established under this section for a contribution period, 35,555
except as provided in division (D) of section 4141.26 of the 35,556
Revised Code, that rate shall remain effective throughout such 35,557
contribution period. The rate of contribution shall be 35,558
determined in accordance with the following requirements: 35,559
(1) An employer whose experience does not meet the terms 35,561
of division (A)(2) of this section shall be assigned a standard 35,562
rate of contribution. Effective for contribution periods 35,563
beginning on and after January 1, 1998, an employer's standard 35,565
rate of contribution shall be a rate of two and seven-tenths per 35,566
cent, except that the rate for employers engaged in the 35,567
construction industry shall be the average contribution rate 35,568
computed for the construction industry or a rate of two and
seven-tenths per cent, whichever is greater. The standard rate 35,570
set forth in this division shall be applicable to a nonprofit 35,571
organization whose election to make payments in lieu of 35,572
contributions is voluntarily terminated or canceled by the 35,573
administrator DIRECTOR under section 4141.241 of the Revised 35,574
Code, and thereafter pays contributions as required by this 35,577
section. If such nonprofit organization had been a contributory 35,578
employer prior to its election to make payments in lieu of 35,579
contributions, then any prior balance in the contributory account 35,580
shall become part of the reactivated account. 35,581
As used in division (A) of this section, "the average 35,584
contribution rate computed for the construction industry" means
the most recent annual average rate attributable to the 35,586
construction industry as prescribed by the administrator 35,587
DIRECTOR.
(2) A contributing employer subject to this chapter shall 35,589
qualify for an experience rate only if the employer had no more 35,590
than three consecutive quarters without employment subject to 35,591
this chapter during the first seven of the eight completed 35,592
804
calendar quarters immediately prior to the computation date. 35,593
Upon meeting the qualifying requirements provided in division 35,594
(A)(2) of this section, the administrator DIRECTOR shall 35,595
calculate the total credits to each employer's account consisting 35,597
of the contributions other than mutualized contributions 35,598
including all contributions paid prior to the computation date 35,599
for all past periods plus: 35,600
(a) The contributions owing on the computation date that 35,602
are paid within thirty days after the computation date, and 35,603
credited to the employer's account; 35,604
(b) All voluntary contributions paid by an employer 35,606
pursuant to division (B) of section 4141.24 of the Revised Code. 35,607
(3) The administrator DIRECTOR also shall determine the 35,609
benefits which are chargeable to each employer's account and 35,611
which were paid prior to the computation date with respect to 35,612
weeks of unemployment ending prior to the computation date. The 35,613
administrator DIRECTOR then shall determine the positive or 35,614
negative balance of each employer's account by calculating the 35,616
excess of such contributions and interest over the benefits 35,617
chargeable, or the excess of such benefits over such 35,618
contributions and interest. Any resulting negative balance then 35,619
shall be subject to adjustment as provided in division (A)(2) of 35,620
section 4141.24 of the Revised Code after which the positive or 35,621
negative balance shall be expressed in terms of a percentage of 35,622
the employer's average annual payroll. If the total standing to 35,623
the credit of an employer's account exceeds the total charges, as 35,624
provided in this division, the employer has a positive balance 35,625
and if such charges exceed such credits the employer has a 35,626
negative balance. Each employer's contribution rate shall then 35,627
be determined in accordance with the following schedule: 35,628
Contribution Rate Schedule 35,629
If, as of the computation date The employer's 35,638
the contribution rate balance of contribution rate for 35,639
an employer's account as a the next succeeding 35,640
805
percentage of the employer's contribution period 35,641
average annual payroll is shall be 35,642
(a) A negative balance of: 35,645
20.0% or more 6.5% 35,646
19.0% but less than 20.0% 6.4% 35,647
17.0% but less than 19.0% 6.3% 35,648
15.0% but less than 17.0% 6.2% 35,649
13.0% but less than 15.0% 6.1% 35,650
11.0% but less than 13.0% 6.0% 35,651
9.0% but less than 11.0% 5.9% 35,652
5.0% but less than 9.0% 5.7% 35,653
4.0% but less than 5.0% 5.5% 35,654
3.0% but less than 4.0% 5.3% 35,655
2.0% but less than 3.0% 5.1% 35,656
1.0% but less than 2.0% 4.9% 35,657
more than 0.0% but less than 1.0% 4.8% 35,658
(b) A 0.0% or a positive 35,659
balance of less than 1.0% 4.7% 35,660
(c) A positive balance of: 35,661
1.0% or more, but less than 1.5% 4.6% 35,662
1.5% or more, but less than 2.0% 4.5% 35,663
2.0% or more, but less than 2.5% 4.3% 35,664
2.5% or more, but less than 3.0% 4.0% 35,665
3.0% or more, but less than 3.5% 3.8% 35,666
3.5% or more, but less than 4.0% 3.5% 35,667
4.0% or more, but less than 4.5% 3.3% 35,668
4.5% or more, but less than 5.0% 3.0% 35,669
5.0% or more, but less than 5.5% 2.8% 35,670
5.5% or more, but less than 6.0% 2.5% 35,671
6.0% or more, but less than 6.5% 2.2% 35,672
6.5% or more, but less than 7.0% 2.0% 35,673
7.0% or more, but less than 7.5% 1.8% 35,674
7.5% or more, but less than 8.0% 1.6% 35,675
8.0% or more, but less than 8.5% 1.4% 35,676
806
8.5% or more, but less than 9.0% 1.3% 35,677
9.0% or more, but less than 9.5% 1.1% 35,678
9.5% or more, but less than 10.0% 1.0% 35,679
10.0% or more, but less than 10.5% .9% 35,680
10.5% or more, but less than 11.0% .7% 35,681
11.0% or more, but less than 11.5% .6% 35,682
11.5% or more, but less than 12.0% .5% 35,683
12.0% or more, but less than 12.5% .4% 35,684
12.5% or more, but less than 13.0% .3% 35,685
13.0% or more, but less than 14.0% .2% 35,686
14.0% or more .1% 35,687
(d) The contribution rates shall be as specified in 35,690
divisions (a), (b), and (c) of the contribution rate schedule 35,691
except that notwithstanding the amendments made to division (a) 35,692
of the contribution rate schedule in this section, if, as of the 35,693
computation date: for 1991, the negative balance is 5.0% or 35,694
more, the contribution rate shall be 5.7%; for 1992, if the 35,695
negative balance is 11.0% or more, the contribution rate shall be 35,696
6.0%; and for 1993, if the negative balance is 17.0% or more, the 35,697
contribution rate shall be 6.3%. Thereafter, the contribution 35,698
rates shall be as specified in the contribution rate schedule. 35,699
(B)(1) The administrator DIRECTOR shall establish and 35,701
maintain a separate account to be known as the "mutualized 35,703
account." As of each computation date there shall be charged to 35,704
this account:
(a) As provided in division (A)(2) of section 4141.24 of 35,706
the Revised Code, an amount equal to the sum of that portion of 35,707
the negative balances of employer accounts which exceeds the 35,708
applicable limitations as such balances are computed under 35,709
division (A) of this section as of such date; 35,710
(b) An amount equal to the sum of the negative balances 35,712
remaining in employer accounts which have been closed during the 35,713
year immediately preceding such computation date pursuant to 35,714
division (E) of section 4141.24 of the Revised Code; 35,715
807
(c) An amount equal to the sum of all benefits improperly 35,717
paid preceding such computation date which are not recovered but 35,718
which are not charged to an employer's account, or which after 35,719
being charged, are credited back to an employer's account; 35,720
(d) An amount equal to the sum of any other benefits paid 35,722
preceding such computation date which, under this chapter, are 35,723
not chargeable to an employer's account; 35,724
(e) An amount equal to the sum of any refunds made during 35,726
the year immediately preceding such computation date of 35,727
erroneously collected mutualized contributions required by this 35,728
division which were previously credited to this account; 35,729
(f) An amount equal to the sum of any repayments made to 35,731
the federal government during the year immediately preceding such 35,732
computation date of amounts which may have been advanced by it to 35,733
the unemployment compensation fund under section 1201 of the 35,734
"Social Security Act," 49 Stat. 648 (1935), 42 U.S.C. 301; 35,735
(g) Any amounts appropriated by the general assembly out 35,737
of funds paid by the federal government, under section 903 of the 35,738
"Social Security Act," to the account of this state in the 35,739
federal unemployment trust fund. 35,740
(2) As of every computation date there shall be credited 35,742
to the mutualized account provided for in this division: 35,743
(a) The proceeds of the mutualized contributions as 35,745
provided in this division; 35,746
(b) Any positive balances remaining in employer accounts 35,748
which are closed as provided in division (E) of section 4141.24 35,749
of the Revised Code; 35,750
(c) Any benefits improperly paid which are recovered but 35,752
which cannot be credited to an employer's account; 35,753
(d) All amounts which may be paid by the federal 35,755
government under section 903 of the "Social Security Act" to the 35,756
account of this state in the federal unemployment trust fund; 35,757
(e) Amounts advanced by the federal government to the 35,759
account of this state in the federal unemployment trust fund 35,760
808
under section 1201 of the "Social Security Act" to the extent 35,761
such advances have been repaid to or recovered by the federal 35,762
government; 35,763
(f) Interest credited to the Ohio unemployment trust fund 35,765
as deposited with the secretary of the treasury of the United 35,766
States. 35,767
(3) Annually, as of the computation date, the 35,769
administrator DIRECTOR shall determine the total credits and 35,770
charges made to the mutualized account during the preceding 35,772
twelve months and the overall condition of the account. The 35,773
administrator DIRECTOR shall issue an annual statement containing 35,776
this information and such other information as the administrator 35,777
DIRECTOR deems pertinent, including a report that the sum of the 35,779
balances in the mutualized account, employers' accounts, and any 35,780
subsidiary accounts equal the balance in the state's unemployment 35,781
trust fund maintained under section 904 of the "Social Security 35,782
Act." 35,783
(4) As used in this division: 35,785
(a) "Fund as of the computation date" means as of any 35,787
computation date, the aggregate amount of the unemployment 35,788
compensation fund, including all contributions owing on the 35,789
computation date that are paid within thirty days thereafter, all 35,790
payments in lieu of contributions that are paid within sixty days 35,791
after the computation date, all reimbursements of the federal 35,792
share of extended benefits described in section 4141.301 of the 35,793
Revised Code that are owing on the computation date, and all 35,794
interest earned by the fund and received on or before the 35,795
computation date from the federal government. 35,796
(b) "Minimum safe level" means an amount equal to two 35,798
standard deviations above the average of the adjusted annual 35,799
average unemployment compensation benefit payment from 1970 to 35,800
the most recent calendar year prior to the computation date, as 35,801
determined by the administrator DIRECTOR pursuant to division 35,802
(B)(4)(b) of this section. To determine the adjusted annual 35,804
809
payment of unemployment compensation benefits, the administrator 35,805
DIRECTOR first shall multiply the number of weeks compensated 35,807
during each calendar year beginning with 1970 by the most recent 35,808
annual average weekly unemployment compensation benefit payment 35,809
and then compute the average and standard deviation of the 35,810
resultant products.
(c) "Annual average weekly unemployment compensation 35,812
benefit payment" means the amount resulting from dividing the 35,813
unemployment compensation benefits paid from the benefit account 35,814
maintained within the unemployment compensation fund pursuant to 35,815
section 4141.09 of the Revised Code, by the number of weeks 35,816
compensated during the same time period. 35,817
(5) If, as of any computation date, the charges to the 35,819
mutualized account during the entire period subsequent to the 35,820
computation date, July 1, 1966, made in accordance with division 35,821
(B)(1) of this section, exceed the credits to such account 35,822
including mutualized contributions during such period, made in 35,823
accordance with division (B)(2) of this section, the amount of 35,825
such excess charges shall be recovered during the next 35,826
contribution period. To recover such amount, the administrator 35,827
DIRECTOR shall compute the percentage ratio of such excess 35,828
charges to the average annual payroll of all employers eligible 35,830
for an experience rate under division (A) of this section. The 35,831
percentage so determined shall be computed to the nearest tenth 35,832
of one per cent and shall be an additional contribution rate to 35,833
be applied to the wages paid by each employer whose rate is 35,834
computed under the provisions of division (A) of this section in 35,836
the contribution period next following such computation date, but 35,837
such percentage shall not exceed five-tenths of one per cent; 35,838
however, when there are any excess charges in the mutualized 35,839
account, as computed in this division, then the mutualized 35,840
contribution rate shall not be less than one-tenth of one per 35,841
cent. 35,842
(6) If the fund as of the computation date is above or 35,844
810
below minimum safe level, the contribution rates provided for in 35,845
each classification in division (A)(3) of this section for the 35,847
next contribution period shall be adjusted as follows:
(a) If the fund is thirty per cent or more above minimum 35,849
safe level, the contribution rates provided in division (A)(3) of 35,851
this section shall be decreased two-tenths of one per cent. 35,852
(b) If the fund is more than fifteen per cent but less 35,854
than thirty per cent above minimum safe level, the contribution 35,855
rates provided in division (A)(3) of this section shall be 35,856
decreased one-tenth of one per cent. 35,857
(c) If the fund is more than fifteen per cent but less 35,859
than thirty per cent below minimum safe level, the contribution 35,860
rates of all employers shall be increased twenty-five 35,861
one-thousandths of one per cent plus a per cent increase 35,862
calculated and rounded pursuant to division (B)(6)(g) of this 35,864
section.
(d) If the fund is more than thirty per cent but less than 35,866
forty-five per cent below minimum safe level, the contribution 35,867
rates of all employers shall be increased seventy-five 35,868
one-thousandths of one per cent plus a per cent increase 35,869
calculated and rounded pursuant to division (B)(6)(g) of this 35,871
section.
(e) If the fund is more than forty-five per cent but less 35,873
than sixty per cent below minimum safe level, the contribution 35,874
rates of all employers shall be increased one-eighth of one per 35,875
cent plus a per cent increase calculated and rounded pursuant to 35,876
division (B)(6)(g) of this section. 35,877
(f) If the fund is sixty per cent or more below minimum 35,879
safe level, the contribution rates of all employers shall be 35,880
increased two-tenths of one per cent plus a per cent increase 35,881
calculated and rounded pursuant to division (B)(6)(g) of this 35,883
section.
(g) The additional per cent increase in contribution rates 35,885
required by divisions (B)(6)(c), (d), (e), and (f) of this 35,886
811
section that is payable by each individual employer shall be 35,887
calculated in the following manner. The flat rate increase 35,888
required by a particular division shall be multiplied by three 35,889
and the product divided by the average experienced-rated 35,890
contribution rate for all employers as determined by the 35,891
administrator DIRECTOR for the most recent calendar year. The 35,892
resulting quotient shall be multiplied by an individual 35,894
employer's contribution rate determined pursuant to division 35,895
(A)(3) of this section. The resulting product shall be rounded 35,897
to the nearest tenth of one per cent, added to the flat rate 35,898
increase required by division (B)(6)(c), (d), (e), or (f) of this 35,899
section, as appropriate, and the total shall be rounded to the 35,900
nearest tenth of one per cent. As used in division (B)(6)(g) of 35,901
this section, the "average experienced-rated contribution rate" 35,903
means the most recent annual average contribution rate reported 35,904
by the bureau DIRECTOR contained in report RS 203.2 less the 35,906
mutualized and minimum safe level contribution rates included in 35,907
such rate.
(h) If any of the increased contribution rates of division 35,909
(B)(6)(c), (d), (e), or (f) of this section are imposed, the rate 35,911
shall remain in effect for the calendar year in which it is 35,912
imposed and for each calendar year thereafter until the 35,913
administrator DIRECTOR determines as of the computation date for 35,914
calendar year 1991 and as of the computation date for any 35,916
calendar year thereafter pursuant to this section, that the level 35,917
of the unemployment compensation fund equals or exceeds the 35,918
minimum safe level as defined in division (B)(4)(b) of this 35,919
section. Nothing in division (B)(6)(h) of this section shall be 35,921
construed as restricting the imposition of the increased 35,922
contribution rates provided in divisions (B)(6)(c), (d), (e), and 35,923
(f) of this section if the fund falls below the percentage of the 35,924
minimum safe level as specified in those divisions. 35,925
(7) The additional contributions required by division 35,927
(B)(5) of this section shall be credited to the mutualized 35,928
812
account. The additional contributions required by division 35,929
(B)(6) of this section shall be credited fifty per cent to 35,930
individual employer accounts and fifty per cent to the mutualized 35,931
account. 35,932
(C) If an employer makes a payment of contributions which 35,934
is less than the full amount required by divisions (A) and (B) of 35,936
this section, such partial payment shall be applied first against 35,937
the mutualized contributions required under division (B) of this 35,939
section, including the additional contributions required under 35,940
division (B)(6) of this section. Any remaining partial payment 35,942
shall be credited to the employer's individual account. 35,943
(D) Whenever there are any increases in contributions 35,945
resulting from an increase in wages subject to contributions as 35,946
defined in division (G) of section 4141.01 of the Revised Code, 35,947
or from an increase in the mutualized rate of contributions 35,948
provided in division (B) of this section, or from a revision of 35,950
the contribution rate schedule provided in division (A) of this 35,952
section, except for that portion of the increase attributable to 35,953
a change in the positive or negative balance in an employer's 35,954
account, which increases become effective after a contract for 35,955
the construction of real property, as defined in section 5701.02 35,956
of the Revised Code, has been entered into, the contractee upon 35,957
written notice by a prime contractor shall reimburse the 35,958
contractor for all increased contributions paid by the prime 35,959
contractor or by subcontractors upon wages for services performed 35,960
under the contract. Upon reimbursement by the contractee to the 35,961
prime contractor, the prime contractor shall reimburse each 35,962
subcontractor for the increased contributions. 35,963
(E) Effective only for the contribution period beginning 35,965
on January 1, 1996, and ending on December 31, 1996, mutualized 35,966
contributions collected or received by the administrator DIRECTOR 35,967
pursuant to division (B)(5) of this section and amounts credited 35,969
to the mutualized account pursuant to division (B)(7) of this 35,970
section shall be deposited into or credited to the unemployment 35,972
813
compensation benefit reserve fund that is created under division 35,973
(F) of this section, except that amounts collected, received, or 35,974
credited in excess of two hundred million dollars shall be 35,975
deposited into or credited to the unemployment trust fund 35,976
established pursuant to section 4141.09 of the Revised Code. 35,978
(F) The state unemployment compensation benefit reserve 35,981
fund is hereby created as a trust fund in the custody of the
treasurer of state and shall not be part of the state treasury. 35,982
The fund shall consist of all moneys collected or received as 35,984
mutualized contributions pursuant to division (B)(5) of this 35,985
section and amounts credited to the mutualized account pursuant 35,986
to division (B)(7) of this section as provided by division (E) of 35,988
this section. All moneys in the fund shall be used solely to pay 35,990
unemployment compensation benefits in the event that funds are no 35,991
longer available for that purpose from the unemployment trust 35,992
fund established pursuant to section 4141.09 of the Revised Code. 35,993
(G) The balance in the unemployment compensation benefit 35,995
reserve fund remaining at the end of the contribution period 35,997
beginning January 1, 2000, and any mutualized contribution 35,998
amounts for the contribution period beginning on January 1, 1996, 35,999
that may be received after December 31, 2000, shall be deposited 36,000
into the unemployment trust fund established pursuant to section 36,001
4141.09 of the Revised Code. Income earned on moneys in the 36,003
state unemployment compensation benefit reserve fund shall be 36,004
available for use by the administrator of the bureau of
employment services DIRECTOR only for the purposes described in 36,005
division (I) of this section, and shall not be used for any other 36,007
purpose.
(H) The unemployment compensation benefit reserve fund 36,009
balance shall be added to the unemployment trust fund balance in 36,011
determining the minimum safe level tax to be imposed pursuant to 36,012
division (B) of this section and shall be included in the 36,014
mutualized account balance for the purpose of determining the 36,015
mutualized contribution rate pursuant to division (B)(5) of this 36,016
814
section.
(I) All income earned on moneys in the unemployment 36,018
compensation benefit reserve fund from the investment of the fund 36,020
by the treasurer of state shall accrue to the bureau DEPARTMENT 36,021
of employment JOB AND FAMILY services automation administration 36,022
fund, which is hereby established in the state treasury. Moneys 36,024
within the automation administration fund shall be used to meet 36,026
the costs related to automation of the bureau DEPARTMENT and the 36,027
administrative costs related to collecting and accounting for 36,028
unemployment compensation benefit reserve fund revenue. Any 36,029
funds remaining in the automation administration fund upon 36,030
completion of the bureau's DEPARTMENT'S automation projects that 36,031
are funded by that fund shall be deposited into the unemployment 36,033
trust fund established pursuant to section 4141.09 of the Revised 36,034
Code.
(J) The administrator DIRECTOR shall prepare and submit 36,036
monthly reports to the unemployment compensation advisory 36,038
commission with respect to the status of efforts to collect and 36,039
account for unemployment compensation benefit reserve fund 36,040
revenue and the costs related to collecting and accounting for
that revenue. The administrator DIRECTOR shall obtain approval 36,041
from the unemployment compensation advisory commission for 36,042
expenditure of funds from the bureau DEPARTMENT of employment JOB 36,044
AND FAMILY services automation administration fund. Funds may be 36,045
approved for expenditure for purposes set forth in division (I) 36,046
of this section only to the extent that federal or other funds 36,048
are not available.
Sec. 4141.26. (A) As soon as practicable after the first 36,057
day of September but not later than the first day of December of 36,058
each year, the administrator DIRECTOR of the bureau of employment 36,060
JOB AND FAMILY services shall notify each employer of the 36,061
employer's contribution rate as determined for the next ensuing 36,062
contribution period pursuant to section 4141.25 of the Revised 36,063
Code provided the employer has furnished the bureau of employment 36,064
815
services DIRECTOR, by the first day of September following the 36,066
computation date, with the wage information for all past periods 36,067
necessary for the computation of the contribution rate. 36,068
(B)(1) In the case of contribution rates applicable to 36,070
contribution periods beginning on or before December 31, 1992, if 36,071
the employer has not furnished the necessary wage information, 36,072
the employer's contribution rate for such contribution period 36,074
shall be the maximum rate provided in such section, except that, 36,075
if the employer files the necessary wage information by the end 36,076
of the thirtieth day following the issuance of the maximum rate 36,077
notice, the employer's rate then shall be computed as provided in 36,078
section 4141.25 of the Revised Code. 36,079
(2) In the case of contribution rates applicable to 36,081
contribution periods beginning on or after January 1, 1993, and 36,082
before January 1, 1995, if the employer has not furnished the 36,083
necessary wage information, the employer's contribution rate for 36,085
such contribution period shall not be computed as provided in
section 4141.25 of the Revised Code, but instead shall be 36,086
assigned at the maximum rate provided in that section, with the 36,087
following exceptions: 36,088
(a) If the employer files the necessary wage information 36,090
by December thirty-first of the year immediately preceding the 36,091
contribution period for which the rate is to be effective, the 36,092
employer's rate then shall be computed as provided in division 36,093
(A) of section 4141.25 of the Revised Code. 36,094
(b) The administrator DIRECTOR may waive the maximum 36,096
contribution rate assigned pursuant to division (B)(2) of this 36,098
section if the employer meets all of the following conditions 36,099
within thirty days after the administrator DIRECTOR mails the 36,100
notice of the maximum contribution rate assigned pursuant to 36,101
division (B)(2) of this section: 36,102
(i) Provides to the administrator DIRECTOR a written 36,104
request for waiver of the maximum contribution rate, clearly 36,106
demonstrating that failure to timely furnish the wage information 36,107
816
as required by division (A) of this section was a result of 36,108
circumstances beyond the control of the employer or the 36,109
employer's agent, except that negligence on the part of the 36,110
employer shall not be considered beyond the control of the 36,111
employer or the employer's agent;
(ii) Furnishes to the administrator DIRECTOR all of the 36,113
wage information as required by division (A) of this section and 36,114
all quarterly reports due pursuant to section 4141.20 of the 36,115
Revised Code; 36,116
(iii) Pays in full all contributions, payments in lieu of 36,118
contributions, interest, forfeiture, and fines for each quarter 36,119
for which such payments are due. 36,120
(3) In the case of contribution rates applicable to 36,122
contribution periods beginning on or after January 1, 1995, if 36,123
the employer has not timely furnished the necessary wage 36,124
information as required by division (A) of this section, the 36,125
employer's contribution rate for such contribution period shall 36,126
not be computed as provided in section 4141.25 of the Revised 36,127
Code, but instead shall be assigned a contribution rate equal to 36,128
one hundred twenty-five per cent of the maximum rate provided in
that section, with the following exceptions: 36,129
(a) If the employer files the necessary wage information 36,131
by the thirty-first day of December of the year immediately 36,132
preceding the contribution period for which the rate is to be 36,133
effective, the employer's rate shall be computed as provided in 36,134
division (A) of section 4141.25 of the Revised Code; 36,135
(b) The administrator DIRECTOR may waive the contribution 36,137
rate assigned pursuant to division (B)(3) of this section if the 36,138
employer meets all of the following conditions within thirty days 36,139
after the administrator DIRECTOR mails to the employer the notice 36,141
of the contribution rate assigned pursuant to division (B)(3) of 36,142
this section: 36,143
(i) Provides to the administrator DIRECTOR a written 36,145
request for waiver of the contribution rate, clearly 36,147
817
demonstrating that the failure to timely furnish the wage 36,148
information as required by division (A) of this section was a 36,149
result of circumstances beyond the control of the employer or the 36,150
employer's agent, except that negligence on the part of the 36,151
employer shall not be considered to be beyond the control of the 36,152
employer or the employer's agent;
(ii) Furnishes to the administrator DIRECTOR all of the 36,154
wage information as required by division (A) of this section and 36,155
all quarterly reports due pursuant to section 4141.20 of the 36,156
Revised Code; 36,157
(iii) Pays in full all contributions, payments in lieu of 36,159
contributions, interest, forfeiture, and fines for each quarter 36,160
for which such payments are due. 36,161
(c) The administrator DIRECTOR shall revise the 36,163
contribution rate of an employer who has not timely furnished the 36,165
necessary wage information as required by division (A) of this 36,166
section, who has been assigned a contribution rate pursuant to 36,167
division (B)(3) of this section, and who does not meet the 36,168
requirements of division (B)(3)(a) or (b) of this section, if the 36,169
employer furnishes the necessary wage information to the 36,170
administrator DIRECTOR within thirty-six months following the 36,172
thirty-first day of December of the year immediately preceding 36,173
the contribution period for which the rate is to be effective. 36,174
The revised rate under division (B)(3)(c) of this section shall 36,175
be equal to one hundred twenty per cent of the contribution rate 36,176
that would have resulted if the employer had timely furnished the 36,177
necessary wage information under division (A) of this section. 36,178
(4) The administrator DIRECTOR shall deny an employer's 36,180
request for a waiver of the requirement that the employer's 36,182
contribution rate be the maximum rate under division (B)(2)(b) of 36,183
this section, or be the rate assigned under division (B)(3)(b) of 36,184
this section, or for a revision of the employer's rate as 36,185
provided in division (B)(3)(c) of this section if the 36,186
administrator DIRECTOR finds that the employer's failure to 36,188
818
timely file the necessary wage information was due to an attempt 36,189
to evade payment.
(5) The administrator DIRECTOR shall round the 36,191
contribution rates the administrator DIRECTOR determines under 36,193
this division to the nearest tenth of one per cent. 36,194
(C) If, as a result of the computation pursuant to 36,196
division (B) of this section, the employer's account shows a 36,197
negative balance in excess of the applicable limitations, in that 36,198
computation, the excess above applicable limitations shall not be 36,199
transferred from the account as provided in division (A)(2) of 36,200
section 4141.24 of the Revised Code. 36,201
(D) The rate determined pursuant to this section and 36,203
section 4141.25 of the Revised Code shall become binding upon the 36,204
employer unless: 36,205
(1) The employer makes a voluntary contribution as 36,207
provided in division (B) of section 4141.24 of the Revised Code, 36,208
whereupon the administrator DIRECTOR shall issue the employer a 36,209
revised contribution rate notice if the contribution changes the 36,211
employer's rate; or
(2) Within thirty days after the mailing of notice of the 36,213
employer's rate or a revision of it to the employer's last known 36,215
address or, in the absence of mailing of such notice, within
thirty days after the delivery of such notice, the employer files 36,216
an application with the administrator DIRECTOR for 36,217
reconsideration of the administrator's DIRECTOR'S determination 36,219
of such rate setting forth reasons for such request. The 36,221
administrator DIRECTOR shall promptly examine the application for 36,222
reconsideration and shall notify the employer of the 36,223
administrator's DIRECTOR'S reconsidered decision, which shall 36,225
become final unless, within thirty days after the mailing of such
notice by certified mail, return receipt requested, the employer 36,226
files an application for review of such decision with the 36,227
unemployment compensation review commission. The commission 36,228
shall promptly examine the application for review of the 36,229
819
administrator's DIRECTOR'S decision and shall grant such employer 36,231
an opportunity for a fair hearing. The proceeding at the hearing 36,232
before the commission shall be recorded in the means and manner 36,233
prescribed by the commission. For the purposes of this division, 36,234
the review is considered timely filed when it has been received 36,235
as provided in division (I)(2) of section 4141.28 of the Revised 36,236
Code.
The employer and the administrator DIRECTOR shall be 36,238
promptly notified of the commission's decision, which shall 36,240
become final unless, within thirty days after the mailing of 36,241
notice of it to the employer's last known address by certified 36,242
mail, return receipt requested, or, in the absence of mailing, 36,243
within thirty days after delivery of such notice, an appeal is 36,244
taken by the employer or the administrator DIRECTOR to the court 36,245
of common pleas of Franklin county. Such appeal shall be taken 36,247
by the employer or the administrator DIRECTOR by filing a notice 36,248
of appeal with the clerk of such court and with the commission. 36,250
Such notice of appeal shall set forth the decision appealed and 36,251
the errors in it complained of. Proof of the filing of such 36,252
notice with the commission shall be filed with the clerk of such 36,253
court.
The commission, upon written demand filed by the appellant 36,255
and within thirty days after the filing of such demand, shall 36,256
file with the clerk a certified transcript of the record of the 36,257
proceedings before the commission pertaining to the determination 36,258
or order complained of, and the appeal shall be heard upon such 36,259
record certified to the commission. In such appeal, no 36,260
additional evidence shall be received by the court, but the court 36,261
may order additional evidence to be taken before the commission, 36,262
and the commission, after hearing such additional evidence, shall 36,263
certify such additional evidence to the court or it may modify 36,264
its determination and file such modified determination, together 36,265
with the transcript of the additional record, with the court. 36,266
After an appeal has been filed in the court, the commission, by 36,267
820
petition, may be made a party to such appeal. Such appeal shall 36,268
be given precedence over other civil cases. The court may affirm 36,269
the determination or order complained of in the appeal if it 36,270
finds, upon consideration of the entire record, that the 36,271
determination or order is supported by reliable, probative, and 36,272
substantial evidence and is in accordance with law. In the 36,273
absence of such a finding, it may reverse, vacate, or modify the 36,274
determination or order or make such other ruling as is supported 36,275
by reliable, probative, and substantial evidence and is in 36,276
accordance with law. The judgment of the court shall be final 36,277
and conclusive unless reversed, vacated, or modified on appeal. 36,278
An appeal may be taken from the decision of the court of common 36,279
pleas of Franklin county. 36,280
(E) The appeal provisions of division (D) of this section 36,282
apply to all other determinations and orders of the administrator 36,283
DIRECTOR affecting the liability of an employer to pay 36,285
contributions or the amount of such contributions, determinations 36,286
respecting application for refunds of contributions, 36,287
determinations respecting applications for classification of 36,288
employment as seasonal under section 4141.33 of the Revised Code, 36,289
and exceptions to charges of benefits to an employer's account as 36,290
provided in division (D) of section 4141.24 of the Revised Code. 36,291
(F) The validity of any general order or rule of the 36,293
administrator DIRECTOR adopted pursuant to this chapter or of any 36,295
final order or action of the unemployment compensation review 36,296
commission respecting any such general order or rule may be 36,297
determined by the court of common pleas of Franklin county, and 36,298
such general order, rule, or action may be sustained or set aside 36,299
by the court on an appeal to it which may be taken by any person 36,300
affected by the order, rule, or action in the manner provided by 36,301
law. Such appeal to the court of common pleas of Franklin county 36,302
shall be filed within thirty days after the date such general 36,303
order, rule, or action was publicly released by the administrator 36,304
DIRECTOR or the commission. Either party to such action may 36,305
821
appeal from the court of common pleas of Franklin county as in 36,306
ordinary civil cases. 36,307
(G) Notwithstanding any determination made in pursuance of 36,309
sections 4141.23 to 4141.26 of the Revised Code, no individual 36,310
who files a claim for benefits shall be denied the right to a 36,311
fair hearing as provided in section 4141.28 of the Revised Code, 36,312
or the right to have a claim determined on the merits of it. 36,313
(H)(1) Notwithstanding division (D) of this section, if 36,315
the administrator DIRECTOR finds that an omission or error in 36,316
bureau THE DIRECTOR'S records or employer reporting caused the 36,318
administrator DIRECTOR to issue an erroneous determination or 36,320
order affecting contribution rates, the liability of an employer 36,321
to pay contributions or the amount of such contributions, 36,322
determinations respecting applications for refunds of 36,323
contributions, determinations respecting applications for 36,324
classification of seasonal status under section 4141.33 of the 36,326
Revised Code, or exceptions to charges of benefits to an 36,327
employer's account as provided in division (D) of section 4141.24 36,328
of the Revised Code, the administrator DIRECTOR may issue a 36,329
corrected determination or order correcting the erroneous 36,330
determination or order, except as provided in division (H)(2) of 36,331
this section. 36,332
(2) The administrator DIRECTOR may not issue a corrected 36,334
determination or order correcting an erroneous determination or 36,335
order if both of the following apply: 36,336
(a) The erroneous determination or order was caused solely 36,338
by an omission or error of the bureau DIRECTOR; 36,339
(b) A correction of the erroneous determination or order 36,341
would adversely affect the employer or any of the employers that 36,342
were parties in interest to the erroneous determination or order. 36,343
A corrected determination or order issued under this 36,345
division takes precedence over and renders void the erroneous 36,346
determination or order and is appealable as provided in division 36,347
(D) of this section. 36,348
822
Sec. 4141.27. If the administrator DIRECTOR of the bureau 36,357
of employment JOB AND FAMILY services finds that any person, 36,359
firm, corporation, or association is, or has been, an employer 36,360
subject to sections 4141.01 to 4141.46, inclusive, of the Revised
Code THIS CHAPTER, which determination of liability has become 36,361
final pursuant to the provisions of section 4141.26 of the 36,363
Revised Code, and has failed to comply with such sections, such 36,364
administrator THE DIRECTOR shall determine the period during 36,365
which he THE PERSON, FIRM, CORPORATION or it ASSOCIATION was such 36,367
an employer, which finding and determination is for all purposes 36,369
of such sections prima-facie evidence thereof. The administrator 36,370
DIRECTOR shall forthwith give notice of said action to the 36,371
employer who shall immediately thereafter furnish the 36,372
administrator DIRECTOR with a payroll covering the period 36,374
included in said finding, and shall forthwith pay the amount of
contribution determined and fixed by the administrator DIRECTOR. 36,376
If said employer fails to furnish such payroll and pay the 36,377
contribution for such period within ten days after receiving such 36,378
notice, the administrator DIRECTOR shall then determine the 36,380
amount of contribution due from said employer for the period the 36,381
administrator DIRECTOR found him or it THE EMPLOYER to be subject 36,383
to sections 4141.01 to 4141.46, inclusive, of the Revised Code 36,384
THIS CHAPTER, including interest, and shall notify said employer 36,387
of the amount thereof and shall order it to be paid. If said
amount is not paid within ten days after receiving notice, the 36,388
administrator DIRECTOR shall certify his THAT finding relative to 36,390
such employer to the attorney general, who shall forthwith 36,392
institute a civil action against such employer in the name of the 36,393
state for the collection of such contribution and interest. In
such action it is sufficient for the plaintiff to set forth a 36,394
copy of such finding as certified by the administrator DIRECTOR 36,395
to the attorney general and to state that there is due to 36,397
plaintiff on account of such finding a specified sum which
plaintiff claims with interest. A certified copy of such finding 36,398
823
of the amount of contribution due shall be attached to the 36,399
petition and is prima-facie evidence of the truth of the facts 36,400
therein contained. The answer or demurrer to such petition shall 36,401
be filed within ten days, the reply or demurrer to the answer 36,402
within twenty days, and the demurrer to the reply within thirty 36,404
days after the return day of the summons or service by
publication. All motions and demurrers shall be submitted to the 36,405
court within ten days after they are filed. As soon as the 36,406
issues are made up in any such case, it shall be placed at the 36,407
head of the trial docket and shall be first in order of trial. 36,408
Unless said employer before the filing of the petition 36,410
executes a bond to the state, in double the amount so found and 36,411
ordered paid by the administrator DIRECTOR, with sureties to the 36,413
approval of the administrator DIRECTOR, with sureties to the 36,414
approval of the administrator, conditioned that he or it THE 36,416
EMPLOYER shall pay any judgment and costs rendered against him or 36,418
it THE EMPLOYER for said contribution, the court at the time of 36,420
the filing of the petition, without notice, may at the request of 36,421
the administrator DIRECTOR appoint a receiver for the property 36,422
and business of such employer in this state, with all the powers 36,423
of receivers in other cases, who shall take charge of all said 36,424
property and assets of the defendant and administer them under 36,425
the orders of the court.
If upon the final hearing of said cause it is determined 36,427
that the defendant previously has been held liable as an employer 36,428
to pay contributions pursuant to the provisions of section 36,429
4141.26 of the Revised Code, which determination has become final 36,430
in accordance with the provisions of such section and is subject 36,431
to the remaining sections 4141.01 to 4141.46, inclusive, of the 36,432
Revised Code THIS CHAPTER, the court shall render judgment 36,433
against said defendant for the amount of contribution provided to 36,434
be paid by such employer for such period, with interest and 36,435
costs, which judgment shall be given the same preference as is 36,436
allowed by law to judgments rendered for claims for taxes. 36,437
824
If any employer who has complied with such sections THIS 36,439
CHAPTER defaults in any payment required to be made by him or it 36,441
THE EMPLOYER for a period of ten days after notice that such 36,443
payment is due, the same proceedings may be had as in the case of
an employer against whom the administrator DIRECTOR has made a 36,444
finding as provided in this section. 36,446
If the defendant is a nonresident of this state or a 36,448
foreign corporation doing business in this state, service of 36,449
summons may be made upon any agent, representative, or foreman 36,450
FOREPERSON of said defendant, wherever found in the state, or 36,451
service may be made in any other manner authorized by statute. 36,452
The administrator DIRECTOR, for good cause shown, may waive 36,454
a default in the payment of contributions when said default is 36,456
less than sixty days' duration.
Sec. 4141.29. Each eligible individual shall receive 36,465
benefits as compensation for loss of remuneration due to 36,466
involuntary total or partial unemployment in the amounts and 36,467
subject to the conditions stipulated in this chapter. 36,468
(A) No individual is entitled to a waiting period or 36,470
benefits for any week unless the individual: 36,471
(1) Has filed a valid application for determination of 36,473
benefit rights in accordance with section 4141.28 of the Revised 36,474
Code; 36,475
(2) Has made a claim for benefits in accordance with 36,477
section 4141.28 of the Revised Code; 36,478
(3) Has registered at an employment office or other 36,480
registration place maintained or designated by the administrator 36,481
DIRECTOR of the bureau of employment JOB AND FAMILY services. 36,483
Registration shall be made in accordance with the time limits, 36,484
frequency, and manner prescribed by the administrator DIRECTOR. 36,485
(4)(a) Is able to work and available for suitable work and 36,487
is actively seeking suitable work either in a locality in which 36,488
the individual has earned wages subject to this chapter during 36,490
the individual's base period, or if the individual leaves that 36,491
825
locality, then in a locality where suitable work normally is 36,493
performed.
The administrator DIRECTOR may waive the requirement that a 36,495
claimant be actively seeking work when the administrator DIRECTOR 36,497
finds that an individual has been laid off and the employer who 36,500
laid the individual off has notified the administrator DIRECTOR 36,502
within ten days after the layoff, that work is expected to be 36,504
available for the individual within a specified number of days 36,505
not to exceed forty-five calendar days following the last day the 36,506
individual worked. In the event the individual is not recalled 36,507
within the specified period, this waiver shall cease to be 36,509
operative with respect to that layoff.
(b) The individual shall be instructed as to the efforts 36,511
that the individual must make in the search for suitable work, 36,513
except where the active search for work requirement has been 36,514
waived under division (A)(4)(a) of this section, and shall keep a 36,515
record of where and when the individual has sought work in 36,516
complying with those instructions and, upon request, shall 36,518
produce that record for examination by the administrator 36,520
DIRECTOR.
(c) An individual who is attending a training course 36,522
approved by the administrator DIRECTOR meets the requirement of 36,523
this division, if attendance was recommended by the administrator 36,525
DIRECTOR and the individual is regularly attending the course and 36,527
is making satisfactory progress. An individual also meets the 36,528
requirements of this division if the individual is participating 36,530
and advancing in a training program, as defined in division (P) 36,531
of section 5709.61 of the Revised Code, and if an enterprise, 36,532
defined in division (B) of section 5709.61 of the Revised Code, 36,533
is paying all or part of the cost of the individual's 36,534
participation in the training program with the intention of 36,535
hiring the individual for employment as a new employee, as 36,536
defined in division (L) of section 5709.61 of the Revised Code, 36,537
for at least ninety days after the individual's completion of the 36,538
826
training program. 36,539
(d) An individual who becomes unemployed while attending a 36,541
regularly established school and whose base period qualifying 36,542
weeks were earned in whole or in part while attending that 36,543
school, meets the availability and active search for work 36,544
requirements of division (A)(4)(a) of this section if the 36,545
individual regularly attends the school during weeks with respect 36,546
to which the individual claims unemployment benefits and makes 36,547
self available on any shift of hours for suitable employment with 36,550
the individual's most recent employer or any other employer in 36,551
the individual's base period, or for any other suitable 36,552
employment to which the individual is directed, under this 36,554
chapter.
(e) The administrator DIRECTOR shall adopt any rules that 36,557
the administrator DIRECTOR deems necessary for the administration 36,558
of division (A)(4) of this section. 36,559
(f) Notwithstanding any other provisions of this section, 36,561
no otherwise eligible individual shall be denied benefits for any 36,562
week because the individual is in training approved under section 36,564
236(a)(1) of the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. 36,565
2296, nor shall that individual be denied benefits by reason of 36,567
leaving work to enter such training, provided the work left is 36,568
not suitable employment, or because of the application to any 36,569
week in training of provisions in this chapter, or any applicable 36,570
federal unemployment compensation law, relating to availability 36,571
for work, active search for work, or refusal to accept work. 36,572
For the purposes of division (A)(4)(f) of this section, 36,574
"suitable employment" means with respect to an individual, work 36,575
of a substantially equal or higher skill level than the 36,576
individual's past adversely affected employment, as defined for 36,577
the purposes of the "Trade Act of 1974," 88 Stat. 1978, 19 36,578
U.S.C.A. 2101, and wages for such work at not less than eighty 36,579
per cent of the individual's average weekly wage as determined 36,580
for the purposes of that federal act. 36,581
827
(5) Is unable to obtain suitable work. 36,583
(6) Participates in reemployment services, such as job 36,585
search assistance services, if the individual has been determined 36,586
to be likely to exhaust benefits under this chapter, including 36,587
compensation payable pursuant to 5 U.S.C.A. Chapter 85, other 36,588
than extended compensation, and needs reemployment services 36,589
pursuant to the profiling system established by the administrator 36,590
DIRECTOR under division (K) of this section, unless the 36,592
administrator DIRECTOR determines that: 36,594
(a) The individual has completed such services; or 36,596
(b) There is justifiable cause for the claimant's failure 36,598
to participate in such services. 36,599
(B) An individual suffering total or partial unemployment 36,601
is eligible for benefits for unemployment occurring subsequent to 36,602
a waiting period of one week and no benefits shall be payable 36,603
during this required waiting period, but no more than one week of 36,604
waiting period shall be required of any such individual in any 36,605
benefit year in order to establish the individual's eligibility 36,607
for total or partial unemployment benefits. 36,608
(C) The waiting period for total or partial unemployment 36,610
shall commence on the first day of the first week with respect to 36,611
which the individual first files a claim for benefits at an 36,612
employment office or other place of registration maintained or 36,613
designated by the administrator DIRECTOR or on the first day of 36,614
the first week with respect to which the individual has otherwise 36,616
filed a claim for benefits in accordance with the rules of the 36,618
bureau DEPARTMENT of employment JOB AND FAMILY services, provided 36,619
such claim is allowed by the administrator DIRECTOR. 36,620
(D) Notwithstanding division (A) of this section, no 36,622
individual may serve a waiting period or be paid benefits under 36,623
the following conditions: 36,624
(1) For any week with respect to which the administrator 36,626
DIRECTOR finds that: 36,628
(a) The individual's unemployment was due to a labor 36,630
828
dispute other than a lockout at any factory, establishment, or 36,632
other premises located in this or any other state and owned or 36,633
operated by the employer by which the individual is or was last 36,634
employed; and for so long as the individual's unemployment is due 36,636
to such labor dispute. No individual shall be disqualified under 36,638
this provision if either of the following applies: 36,639
(i) The individual's employment was with such employer at 36,641
any factory, establishment, or premises located in this state, 36,643
owned or operated by such employer, other than the factory, 36,644
establishment, or premises at which the labor dispute exists, if 36,645
it is shown that the individual is not financing, participating 36,646
in, or directly interested in such labor dispute; 36,648
(ii) The individual's employment was with an employer not 36,650
involved in the labor dispute but whose place of business was 36,652
located within the same premises as the employer engaged in the 36,653
dispute, unless the individual's employer is a wholly owned 36,654
subsidiary of the employer engaged in the dispute, or unless the 36,656
individual actively participates in or voluntarily stops work 36,658
because of such dispute. If it is established that the claimant 36,659
was laid off for an indefinite period and not recalled to work 36,660
prior to the dispute, or was separated by the employer prior to 36,661
the dispute for reasons other than the labor dispute, or that the 36,662
individual obtained a bona fide job with another employer while 36,664
the dispute was still in progress, such labor dispute shall not 36,665
render the employee ineligible for benefits. 36,666
(b) The individual has been given a disciplinary layoff 36,668
for misconduct in connection with the individual's work. 36,670
(2) For the duration of the individual's unemployment if 36,672
the administrator DIRECTOR finds that: 36,674
(a) The individual quit work without just cause or has 36,677
been discharged for just cause in connection with the 36,678
individual's work, provided division (D)(2) of this section does 36,680
not apply to the separation of a person under any of the 36,681
following circumstances:
829
(i) Separation from employment for the purpose of entering 36,683
the armed forces of the United States if the individual makes 36,684
application to enter, or is inducted into the armed forces within 36,686
thirty days after such separation; 36,688
(ii) Separation from employment pursuant to a 36,690
labor-management contract or agreement, or pursuant to an 36,691
established employer plan, program, or policy, which permits the 36,692
employee, because of lack of work, to accept a separation from 36,693
employment;
(iii) The individual has left employment to accept a 36,696
recall from a prior employer or, except as provided in division 36,697
(D)(2)(a)(iv) of this section, to accept other employment as 36,699
provided under section 4141.291 of the Revised Code, or left or 36,700
was separated from employment that was concurrent employment at 36,701
the time of the most recent separation or within six weeks prior 36,702
to the most recent separation where the remuneration, hours, or 36,703
other conditions of such concurrent employment were substantially 36,704
less favorable than the individual's most recent employment and 36,705
where such employment, if offered as new work, would be 36,706
considered not suitable under the provisions of divisions (E) and 36,707
(F) of this section. Any benefits that would otherwise be 36,708
chargeable to the account of the employer from whom an individual 36,709
has left employment or was separated from employment that was 36,710
concurrent employment under conditions described in division 36,711
(D)(2)(a)(iii) of this section, shall instead be charged to the 36,713
mutualized account created by division (B) of section 4141.25 of 36,714
the Revised Code, except that any benefits chargeable to the 36,715
account of a reimbursing employer under division (D)(2)(a)(iii) 36,716
of this section shall be charged to the account of the 36,717
reimbursing employer and not to the mutualized account, except as 36,718
provided in division (D)(2) of section 4141.24 of the Revised 36,719
Code.
(iv) When an individual has been issued a definite layoff 36,722
date by the individual's employer and before the layoff date, the 36,724
830
individual quits to accept other employment, the provisions of
division (D)(2)(a)(iii) of this section apply and no 36,726
disqualification shall be imposed under division (D) of this 36,728
section. However, if the individual fails to meet the employment 36,729
and earnings requirements of division (A)(2) of section 4141.291 36,730
of the Revised Code, then the individual, pursuant to division 36,731
(A)(5) of this section, shall be ineligible for benefits for any 36,732
week of unemployment that occurs prior to the layoff date. 36,733
(b) The individual has refused without good cause to 36,735
accept an offer of suitable work when made by an employer either 36,737
in person or to the individual's last known address, or has 36,738
refused or failed to investigate a referral to suitable work when 36,740
directed to do so by a local employment office of this state or 36,741
another state, provided that this division shall not cause a 36,742
disqualification for a waiting week or benefits under the 36,743
following circumstances:
(i) When work is offered by the individual's employer and 36,745
the individual is not required to accept the offer pursuant to 36,747
the terms of the labor-management contract or agreement; or 36,748
(ii) When the individual is attending a vocational 36,750
training course pursuant to division (A)(4) of this section 36,751
except, in the event of a refusal to accept an offer of suitable 36,752
work or a refusal or failure to investigate a referral, benefits 36,753
thereafter paid to such individual shall not be charged to the 36,754
account of any employer and, except as provided in division 36,755
(B)(1)(b) of section 4141.241 of the Revised Code, shall be 36,756
charged to the mutualized account as provided in division (B) of 36,758
section 4141.25 of the Revised Code. 36,759
(c) Such individual quit work to marry or because of 36,761
marital, parental, filial, or other domestic obligations. 36,762
(d) The individual has knowingly made a false statement or 36,764
representation or knowingly failed to report any material fact 36,765
with the object of obtaining benefits to which the individual is 36,767
not entitled. 36,768
831
(e) The individual became unemployed by reason of 36,770
commitment to any correctional institution. 36,772
(f) The individual became unemployed because of dishonesty 36,774
in connection with the individual's most recent or any base 36,776
period work. Remuneration earned in such work shall be excluded 36,777
from the individual's total base period remuneration and 36,779
qualifying weeks that otherwise would be credited to the 36,781
individual for such work in the individual's base period shall 36,782
not be credited for the purpose of determining the total benefits 36,783
to which the individual is eligible and the weekly benefit amount 36,784
to be paid under section 4141.30 of the Revised Code. Such 36,785
excluded remuneration and noncredited qualifying weeks shall be 36,786
excluded from the calculation of the maximum amount to be 36,787
charged, under division (D) of section 4141.24 and section 36,788
4141.33 of the Revised Code, against the accounts of the 36,789
individual's base period employers. In addition, no benefits 36,790
shall thereafter be paid to the individual based upon such 36,791
excluded remuneration or noncredited qualifying weeks. 36,793
For purposes of division (D)(2)(f) of this section, 36,795
"dishonesty" means the commission of substantive theft, fraud, or 36,796
deceitful acts. 36,797
(E) No individual otherwise qualified to receive benefits 36,799
shall lose the right to benefits by reason of a refusal to accept 36,800
new work if: 36,801
(1) As a condition of being so employed the individual 36,803
would be required to join a company union, or to resign from or 36,805
refrain from joining any bona fide labor organization, or would 36,806
be denied the right to retain membership in and observe the 36,807
lawful rules of any such organization. 36,808
(2) The position offered is vacant due directly to a 36,810
strike, lockout, or other labor dispute. 36,811
(3) The work is at an unreasonable distance from the 36,813
individual's residence, having regard to the character of the 36,815
work the individual has been accustomed to do, and travel to the 36,817
832
place of work involves expenses substantially greater than that 36,818
required for the individual's former work, unless the expense is 36,820
provided for.
(4) The remuneration, hours, or other conditions of the 36,822
work offered are substantially less favorable to the individual 36,823
than those prevailing for similar work in the locality. 36,824
(F) Subject to the special exceptions contained in 36,826
division (A)(4)(f) of this section and section 4141.301 of the 36,827
Revised Code, in determining whether any work is suitable for a 36,828
claimant in the administration of this chapter, the administrator 36,829
DIRECTOR, in addition to the determination required under 36,830
division (E) of this section, shall consider the degree of risk 36,831
to the claimant's health, safety, and morals, the individual's 36,832
physical fitness for the work, the individual's prior training 36,834
and experience, the length of the individual's unemployment, the 36,836
distance of the available work from the individual's residence, 36,838
and the individual's prospects for obtaining local work. 36,839
(G) The "duration of unemployment" as used in this section 36,842
means the full period of unemployment next ensuing after a 36,843
separation from any base period or subsequent work and until an
individual has become reemployed in employment subject to this 36,844
chapter, or the unemployment compensation act of another state, 36,845
or of the United States, and until such individual has worked six 36,846
weeks and for those weeks has earned or been paid remuneration 36,848
equal to six times an average weekly wage of not less than: 36,849
eighty-five dollars and ten cents per week beginning on June 26, 36,850
1990; and beginning on and after January 1, 1992, twenty-seven 36,851
and one-half per cent of the statewide average weekly wage as 36,852
computed each first day of January under division (B)(3) of 36,853
section 4141.30 of the Revised Code, rounded down to the nearest 36,854
dollar, except for purposes of division (D)(2)(c) of this 36,855
section, such term means the full period of unemployment next 36,856
ensuing after a separation from such work and until such 36,857
individual has become reemployed subject to the terms set forth 36,858
833
above, and has earned wages equal to one-half of the individual's 36,860
average weekly wage or sixty dollars, whichever is less. 36,861
(H) If a claimant is disqualified under division 36,863
(D)(2)(a), (c), or (e) of this section or found to be qualified 36,864
under the exceptions provided in division (D)(2)(a)(i), (ii), 36,865
(iii), or (iv) of this section or division (A)(2) of section 36,866
4141.291 of the Revised Code, then benefits that may become 36,868
payable to such claimant, which are chargeable to the account of 36,869
the employer from whom the individual was separated under such 36,871
conditions, shall be charged to the mutualized account provided 36,872
in section 4141.25 of the Revised Code, provided that no charge 36,873
shall be made to the mutualized account for benefits chargeable 36,874
to a reimbursing employer, except as provided in division (D)(2) 36,875
of section 4141.24 of the Revised Code. In the case of a 36,877
reimbursing employer, the administrator DIRECTOR shall refund or 36,878
credit to the account of the reimbursing employer any over-paid 36,880
benefits that are recovered under division (B) of section 4141.35 36,881
of the Revised Code. 36,882
(I)(1) Benefits based on service in employment as provided 36,884
in divisions (B)(2)(a) and (b) of section 4141.01 of the Revised 36,885
Code shall be payable in the same amount, on the same terms, and 36,886
subject to the same conditions as benefits payable on the basis 36,887
of other service subject to this chapter; except that after 36,888
December 31, 1977: 36,889
(a) Benefits based on service in an instructional, 36,891
research, or principal administrative capacity in an institution 36,892
of higher education, as defined in division (Y) of section 36,893
4141.01 of the Revised Code; or for an educational institution as 36,894
defined in division (CC) of section 4141.01 of the Revised Code, 36,895
shall not be paid to any individual for any week of unemployment 36,896
that begins during the period between two successive academic 36,898
years or terms, or during a similar period between two regular 36,899
but not successive terms or during a period of paid sabbatical 36,900
leave provided for in the individual's contract, if the 36,901
834
individual performs such services in the first of those academic 36,903
years or terms and has a contract or a reasonable assurance that 36,904
the individual will perform services in any such capacity for any 36,905
such institution in the second of those academic years or terms. 36,907
(b) Benefits based on service for an educational 36,909
institution or an institution of higher education in other than 36,910
an instructional, research, or principal administrative capacity, 36,911
shall not be paid to any individual for any week of unemployment 36,912
which begins during the period between two successive academic 36,913
years or terms of the employing educational institution or 36,914
institution of higher education, provided the individual 36,915
performed those services for the educational institution or 36,916
institution of higher education during the first such academic 36,917
year or term and, there is a reasonable assurance that such 36,918
individual will perform those services for any educational 36,919
institution or institution of higher education in the second of 36,920
such academic years or terms. 36,921
If compensation is denied to any individual for any week 36,923
under division (I)(1)(b) of this section and the individual was 36,924
not offered an opportunity to perform those services for an 36,925
institution of higher education or for an educational institution 36,926
for the second of such academic years or terms, the individual is 36,927
entitled to a retroactive payment of compensation for each week 36,928
for which the individual timely filed a claim for compensation 36,929
and for which compensation was denied solely by reason of 36,930
division (I)(1)(b) of this section. An application for 36,931
retroactive benefits shall be timely filed if received by the 36,932
administrator DIRECTOR or the administrator's DIRECTOR'S deputy 36,934
within or prior to the end of the fourth full calendar week after 36,936
the end of the period for which benefits were denied because of 36,937
reasonable assurance of employment. The provision for the 36,938
payment of retroactive benefits under division (I)(1)(b) of this 36,939
section is applicable to weeks of unemployment beginning on and 36,940
after November 18, 1983. The provisions under division (I)(1)(b) 36,941
835
of this section shall be retroactive to September 5, 1982, only 36,942
if, as a condition for full tax credit against the tax imposed by 36,943
the "Federal Unemployment Tax Act," 53 Stat. 183 (1939), 26 36,944
U.S.C.A. 3301 to 3311, the United States secretary of labor 36,945
determines that retroactivity is required by federal law. 36,947
(c) With respect to weeks of unemployment beginning after 36,949
December 31, 1977, benefits shall be denied to any individual for 36,950
any week which commences during an established and customary 36,951
vacation period or holiday recess, if the individual performs any 36,952
services described in divisions (I)(1)(a) and (b) of this section 36,953
in the period immediately before the vacation period or holiday 36,954
recess, and there is a reasonable assurance that the individual 36,955
will perform any such services in the period immediately 36,956
following the vacation period or holiday recess. 36,957
(d) With respect to any services described in division 36,959
(I)(1)(a), (b), or (c) of this section, benefits payable on the 36,960
basis of services in any such capacity shall be denied as 36,961
specified in division (I)(1)(a), (b), or (c) of this section to 36,962
any individual who performs such services in an educational 36,963
institution or institution of higher education while in the 36,964
employ of an educational service agency. For this purpose, the 36,965
term "educational service agency" means a governmental agency or 36,966
governmental entity that is established and operated exclusively 36,968
for the purpose of providing services to one or more educational 36,969
institutions or one or more institutions of higher education. 36,970
(e) Any individual employed by a public school district or 36,972
a county board of mental retardation shall be notified by the 36,973
thirtieth day of April each year if the individual is not to be 36,975
reemployed the following academic year. 36,976
(2) No disqualification will be imposed, between academic 36,978
years or terms or during a vacation period or holiday recess 36,979
under this division, unless the administrator DIRECTOR or the 36,980
administrator's DIRECTOR'S deputy has received a statement in 36,982
writing from the educational institution or institution of higher 36,983
836
education that the claimant has a contract for, or a reasonable 36,984
assurance of, reemployment for the ensuing academic year or term. 36,985
(3) If an individual has employment with an educational 36,987
institution or an institution of higher education and employment 36,988
with a noneducational employer, during the base period of the 36,989
individual's benefit year, then the individual may become 36,990
eligible for benefits during the between-term, or vacation or 36,991
holiday recess, disqualification period, based on employment 36,992
performed for the noneducational employer, provided that the 36,993
employment is sufficient to qualify the individual for benefit 36,994
rights separately from the benefit rights based on school 36,995
employment. The weekly benefit amount and maximum benefits 36,996
payable during a disqualification period shall be computed based 36,997
solely on the nonschool employment. 36,998
(J) Benefits shall not be paid on the basis of employment 37,000
performed by an alien, unless the alien had been lawfully 37,001
admitted to the United States for permanent residence at the time 37,002
the services were performed, was lawfully present for purposes of 37,003
performing the services, or was otherwise permanently residing in 37,004
the United States under color of law at the time the services 37,005
were performed, under section 212(d)(5) of the "Immigration and 37,006
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101: 37,007
(1) Any data or information required of individuals 37,009
applying for benefits to determine whether benefits are not 37,010
payable to them because of their alien status shall be uniformly 37,011
required from all applicants for benefits. 37,012
(2) In the case of an individual whose application for 37,014
benefits would otherwise be approved, no determination that 37,015
benefits to the individual are not payable because of the 37,016
individual's alien status shall be made except upon a 37,018
preponderance of the evidence that the individual had not, in 37,019
fact, been lawfully admitted to the United States. 37,020
(K) The administrator DIRECTOR shall establish and utilize 37,022
a system of profiling all new claimants under this chapter that: 37,024
837
(1) Identifies which claimants will be likely to exhaust 37,026
regular compensation and will need job search assistance services 37,027
to make a successful transition to new employment; 37,028
(2) Refers claimants identified pursuant to division 37,030
(K)(1) of this section to reemployment services, such as job 37,031
search assistance services, available under any state or federal 37,032
law; 37,033
(3) Collects follow-up information relating to the 37,035
services received by such claimants and the employment outcomes 37,036
for such claimant's subsequent to receiving such services and 37,037
utilizes such information in making identifications pursuant to 37,038
division (K)(1) of this section; and 37,039
(4) Meets such other requirements as the United States 37,041
secretary of labor determines are appropriate. 37,042
Sec. 4141.30. (A) All benefits shall be paid through 37,051
public employment offices in accordance with such rules as the 37,052
administrator DIRECTOR of the bureau of employment JOB AND FAMILY 37,054
services prescribes.
(B) With the exceptions in division (B)(4) of this 37,056
section, benefits are payable to each eligible and qualified 37,057
individual on account of each week of involuntary total 37,058
unemployment after the specified waiting period at the weekly 37,059
benefit amount determined by: 37,060
(1) Computing the individual's average weekly wage as 37,062
defined in division (O)(2) of section 4141.01 of the Revised 37,063
Code; 37,064
(2) Determining the individual's dependency class under 37,066
division (E) of this section; 37,067
(3) Computing the individual's weekly benefit amount to be 37,069
fifty per cent of his THE INDIVIDUAL'S average weekly wage 37,070
except, that the individual's weekly benefit amount shall not 37,072
exceed the maximum amount shown for his THE INDIVIDUAL'S 37,073
dependency class in the following table: 37,074
Maximum Weekly 37,075
838
Dependency Class Benefit Amount 37,076
A $147 37,077
B 223 37,078
C 233 37,079
Effective Sunday of the calendar week in which January 1, 37,081
1988, occurs and on each similar day of each year thereafter, the 37,082
current maximum weekly benefit amount for each dependency class 37,083
shall be adjusted based on the statewide average weekly wage. 37,084
Any percentage increase in such statewide average weekly wage 37,085
between the wage computed for the current year and the wage 37,086
computed for the preceding year shall be used to increase the 37,087
maximum amounts then in effect by the same percentage. Such 37,088
increased amounts will be effective with respect to applications 37,089
for benefit rights filed during the fifty-two consecutive 37,090
calendar weeks beginning with such Sunday date. 37,091
The administrator DIRECTOR shall calculate the statewide 37,093
average weekly wage based on the average weekly earnings of all 37,094
workers in employment subject to this chapter during the 37,095
preceding twelve-month period ending the thirtieth day of June. 37,096
The calculation shall be made in the following manner: 37,097
(a) The sum of the total monthly employment reported for 37,099
the previous twelve-month period shall be divided by twelve to 37,100
determine the average monthly employment; 37,101
(b) The sum of the total wages reported for the previous 37,103
twelve-month period shall be divided by the average monthly 37,104
employment to determine the average annual wage; 37,105
(c) The average annual wage shall be divided by fifty-two 37,107
to determine the statewide average weekly wage. 37,108
In the computation of the weekly benefit amount, any 37,110
resulting amount not a multiple of one dollar shall be rounded to 37,111
the next lower multiple of one dollar. In the computation of the 37,112
adjusted maximum benefit amounts, based on the statewide average 37,113
weekly wage, any resulting amount not a multiple of one dollar 37,114
shall be rounded to the next lower multiple of one dollar. 37,115
839
(4) Effective Sunday of the calendar week in which January 37,117
1, occurs for calendar years 1988 through 1993, the maximum 37,118
weekly benefit amount payable for an individual's dependency 37,119
class for those years shall be computed in accordance with this 37,120
division, with an additional increase added to the prior year's 37,121
increase equal to one-sixth of total percentage increase that 37,122
otherwise would have been available in calendar years 1983, 1984, 37,123
1985, 1986, and 1987, if in those years an adjustment in the 37,124
maximum weekly benefit amount would have been made pursuant to 37,125
this division. 37,126
(5) Effective Sunday of the calendar week in which January 37,128
1, 1991, occurs, the maximum weekly benefit amounts computed 37,129
under divisions (B)(3) and (4) of this section shall not exceed 37,130
the following amounts: 37,131
(a) For dependency class A, fifty per cent of the 37,133
statewide average weekly wage; 37,134
(b) For dependency class B, sixty per cent of the 37,136
statewide average weekly wage; 37,137
(c) For dependency class C, sixty-six and two-thirds per 37,139
cent of the statewide average weekly wage. 37,140
Division (B)(5) of this section applies to all new claims 37,142
filed on and after the Sunday of the calendar week in which 37,143
January 1, 1991, occurs, provided that the maximum weekly benefit 37,144
amounts established for the dependency classes prior to such date 37,145
applies APPLY to all claims until the maximum weekly benefit 37,146
amounts as determined pursuant to division (B)(5) of this section 37,148
equal or exceed the maximum weekly benefit amounts in effect 37,149
prior to such date. 37,150
(C) Benefits are payable to each partially unemployed 37,152
individual otherwise eligible on account of each week of 37,153
involuntary partial unemployment after the specified waiting 37,154
period in an amount equal to his THE INDIVIDUAL'S weekly benefit 37,155
amount less that part of the remuneration payable to him THE 37,157
INDIVIDUAL with respect to such week which is in excess of twenty 37,159
840
per cent of his THE INDIVIDUAL'S weekly benefit amount, and the 37,161
resulting amount rounded to the next lower multiple of one 37,162
dollar.
(D) The total benefits to which an individual is entitled 37,164
in any benefit year, whether for partial or total unemployment, 37,165
or both, shall not exceed the lesser of the following two 37,166
amounts: (1) an amount equal to twenty-six times his THE 37,167
INDIVIDUAL'S weekly benefit amount determined in accordance with 37,169
division (B) of this section and this division, or (2) an amount 37,170
computed by taking the sum of twenty times his THE INDIVIDUAL'S 37,171
weekly benefit amount for the first twenty base period qualifying 37,173
weeks plus one times the weekly benefit amount for each 37,174
additional qualifying week beyond the first twenty qualifying 37,175
weeks in his THE INDIVIDUAL'S base period. 37,176
(E) Each eligible and qualified individual shall be 37,178
assigned a dependency class in accordance with the following 37,179
schedule: 37,180
Class Description of Dependents 37,181
A No dependents, or has 37,182
insufficient wages to 37,183
qualify for more than the 37,184
maximum weekly benefit
amount as provided under
dependency class A 37,185
B One or two dependents 37,186
C Three or more dependents 37,187
As used in this division "dependent" means: 37,189
(1) Any natural child, stepchild, or adopted child of the 37,191
individual claiming benefits for whom such individual at the 37,192
beginning of his THE INDIVIDUAL'S current benefit year is 37,193
supplying and for at least ninety consecutive days, or for the 37,195
duration of the parental relationship if it existed less than 37,196
ninety days, immediately preceding the beginning of such benefit 37,197
year, has supplied more than one-half of the cost of support and 37,198
841
if such child on the beginning date of such benefit year was 37,199
under eighteen years of age, or if unable to work because of 37,200
permanent physical or mental disability; 37,201
(2) The legally married wife or husband of the individual 37,203
claiming benefits for whom more than one-half the cost of support 37,204
has been supplied by such individual for at least ninety 37,205
consecutive days, or for the duration of the marital relationship 37,206
if it has existed for less than ninety days, immediately 37,207
preceding the beginning of such individual's current benefit year 37,208
and such wife or husband was living with such individual and had 37,209
an average weekly income, in such period, not in excess of 37,210
twenty-five per cent of the claimant's average weekly wage. 37,211
(3) If both the husband and wife qualify for benefit 37,213
rights with overlapping benefit years, only one of them may 37,214
qualify for a dependency class other than A. 37,215
Sec. 4141.301. (A) As used in this section, unless the 37,224
context clearly requires otherwise: 37,225
(1) "Extended benefit period" means a period which: 37,227
(a) Begins with the third week after a week for which 37,229
there is a state "on" indicator; and 37,230
(b) Ends with either of the following weeks, whichever 37,232
occurs later: 37,233
(i) The third week after the first week for which there is 37,235
a state "off" indicator; or 37,236
(ii) The thirteenth consecutive week of such period;. 37,238
Except, that no extended benefit period may begin by reason 37,240
of a state "on" indicator before the fourteenth week following 37,241
the end of a prior extended benefit period which was in effect 37,242
with respect to this state. 37,243
(2) There is a "state /on' 'ON' indicator" for this state 37,246
for a week if the administrator DIRECTOR OF JOB AND FAMILY 37,247
SERVICES determines, in accordance with the regulations of the 37,249
United States secretary of labor, that for the period consisting 37,250
of such week and the immediately preceding twelve weeks, the rate 37,251
842
of insured unemployment, not seasonally adjusted, under Chapter 37,252
4141. of the Revised Code:
(a) Equaled or exceeded one hundred and twenty per cent of 37,254
the average of such rates for the corresponding thirteen-week 37,255
period ending in each of the preceding two calendar years, and 37,256
for weeks beginning before September 25, 1982, equaled or 37,257
exceeded four per cent and for weeks beginning after September 37,258
25, 1982, equaled or exceeded five per cent; 37,259
(b) For weeks of unemployment beginning after December 31, 37,261
1977 and before September 25, 1982, such rate of insured 37,262
unemployment: 37,263
(i) Met the criteria set forth in division (A)(2)(a) of 37,265
this section; or 37,266
(ii) Equaled or exceeded five per cent. 37,268
(c) For weeks of unemployment beginning after September 37,270
25, 1982, such rate of insured unemployment: 37,271
(i) Met the criteria set forth in division (A)(2)(a) of 37,273
this section; or 37,274
(ii) Equaled or exceeded six per cent. 37,276
(3) A "state 'off' indicator" exists for the state for a 37,278
week if the administrator DIRECTOR determines, in accordance with 37,280
the regulations of the United States secretary of labor, that for 37,281
the period consisting of such week and the immediately preceding 37,282
twelve weeks, the rate of insured unemployment, not seasonally 37,283
adjusted, under Chapter 4141. of the Revised Code: 37,284
(a) Was less than one hundred and twenty per cent of the 37,286
average of such rates for the corresponding thirteen-week period 37,287
ending in each of the preceding two calendar years, or for weeks 37,288
beginning before September 25, 1982, was less than four per cent 37,289
and for weeks beginning after September 25, 1982, was less than 37,290
five per cent; 37,291
(b) For weeks of unemployment beginning after December 31, 37,293
1977 and before September 25, 1982, such rate of insured 37,294
unemployment: 37,295
843
(i) Was less than five per cent; and 37,297
(ii) Met the criteria set forth in division (A)(3)(a) of 37,299
this section. 37,300
(c) For weeks of unemployment beginning after September 37,302
25, 1982, such rate of insured unemployment;: 37,303
(i) Was less than six per cent; and 37,305
(ii) Met the criteria set forth in division (A)(3)(a) of 37,307
this section. 37,308
(4) "Rate of insured unemployment," for purposes of 37,310
divisions (A)(2) and (3) of this section, means the percentage 37,311
derived by dividing: 37,312
(a) The average weekly number of individuals filing claims 37,314
for regular compensation in this state for weeks of unemployment 37,315
with respect to the most recent thirteen-consecutive-week period, 37,316
as determined by the administrator DIRECTOR on the basis of the 37,317
administrator's DIRECTOR'S reports to the United States secretary 37,319
of labor, by
(b) The average monthly employment covered under Chapter 37,321
4141. of the Revised Code, for the first four of the most recent 37,322
six completed calendar quarters ending before the end of such 37,323
thirteen-week period. 37,324
(5) "Regular benefits" means benefits payable to an 37,326
individual, as defined in division (C) of section 4141.01 of the 37,327
Revised Code, or under any other state law, including dependents' 37,328
allowance and benefits payable to federal civilian employees and 37,329
to ex-servicepersons pursuant to the "Act of September 6, 1966," 37,331
80 Stat. 585, 5 U.S.C.A. 8501, other than extended benefits, and 37,332
additional benefits as defined in division (A)(10) of this 37,333
section. 37,334
(6) "Extended benefits" means benefits, including benefits 37,336
payable to federal civilian employees and to ex-servicepersons 37,338
pursuant to the "Act of September 6, 1966," 80 Stat. 585, 5 37,339
U.S.C.A. 8501, and additional benefits, payable to an individual 37,340
under the provisions of this section for weeks of unemployment in 37,341
844
the individual's eligibility period. 37,342
(7) "Eligibility period" of an individual means the period 37,344
consisting of the weeks in the individual's benefit year which 37,346
begin in an extended benefit period and, if the individual's 37,347
benefit year ends within the extended benefit period, any weeks 37,349
thereafter which begin in the period. 37,350
(8) "Exhaustee" means an individual who, with respect to 37,352
any week of unemployment in the individual's eligibility period: 37,354
(a) Has received prior to the week, all of the regular 37,356
benefits that were available to the individual under Chapter 37,357
4141. of the Revised Code, or any other state law, including 37,359
dependents' allowance and benefits payable to federal civilian 37,360
employees and ex-servicepersons under the "Act of September 6, 37,361
1966," 80 Stat. 585, 5 U.S.C.A. 8501, in the individual's current 37,363
benefit year that includes the week; 37,365
(b) Has received, prior to the week, all of the regular 37,367
benefits that were available to the individual under this chapter 37,369
or any other state law, including dependents' allowances and 37,370
regular benefits available to federal civilian employees and 37,371
ex-servicepersons under the "Act of September 6, 1966," 80 Stat. 37,373
585, 5 U.S.C.A. 8501, in the individual's current benefit year 37,374
that includes the week, after the cancellation of some or all of 37,376
the individual's wage credits or the total or partial reduction 37,378
of the individual's right to regular benefits, provided that, for 37,380
the purposes of divisions (A)(8)(a) and (8)(b) of this section, 37,381
an individual shall be deemed to have received in the 37,382
individual's current benefit year all of the regular benefits 37,383
that were either payable or available to the individual even 37,384
though: 37,385
(i) As a result of a pending appeal with respect to wages 37,387
or employment, or both, that were not included in the original 37,388
monetary determination with respect to the individual's current 37,390
benefit year, the individual may subsequently be determined to be 37,391
entitled to more regular benefits, or 37,393
845
(ii) By reason of section 4141.33 of the Revised Code, or 37,395
the seasonal employment provisions of another state law, the 37,396
individual is not entitled to regular benefits with respect to 37,398
the week of unemployment, although the individual may be entitled 37,399
to regular benefits with respect to future weeks of unemployment 37,401
in either the next season or off season in the individual's 37,402
current benefit year, and the individual is otherwise an 37,404
"exhaustee" within the meaning of this section with respect to 37,405
the right to regular benefits under state law seasonal employment 37,407
provisions during either the season or off season in which that 37,408
week of unemployment occurs, or
(iii) Having established a benefit year, no regular 37,410
benefits are payable to the individual during the year because 37,412
the individual's wage credits were cancelled or the individual's 37,413
right to regular benefits was totally reduced as the result of 37,415
the application of a disqualification; or 37,416
(c) The individual's benefit year having expired prior to 37,418
the week, has no, or insufficient, wages or weeks of employment 37,420
on the basis of which the individual could establish in any state 37,421
a new benefit year that would include the week, or having 37,423
established a new benefit year that includes the week, the 37,424
individual is precluded from receiving regular benefits by reason 37,426
of a state law which meets the requirements of section 3304 37,427
(a)(7) of the "Federal Unemployment Tax Act," 53 Stat. 183, 26 37,428
U.S.C.A. 3301 to 3311; and
(i) Has no right for the week to unemployment benefits or 37,430
allowances, as the case may be, under the Railroad Unemployment 37,431
Insurance Act, the Trade Act of 1974, and other federal laws as 37,432
are specified in regulations issued by the United States 37,433
secretary of labor; and 37,434
(ii) Has not received and is not seeking for the week 37,436
unemployment benefits under the unemployment compensation law of 37,437
the Virgin Islands, prior to the day after that on which the 37,438
secretary of labor approves the unemployment compensation law of 37,439
846
the Virgin Islands, or of Canada; or if the individual is seeking 37,441
benefits and the appropriate agency finally determines that the 37,442
individual is not entitled to benefits under the law for the 37,444
week.
(9) "State law" means the unemployment insurance law of 37,446
any state, approved by the United States secretary of labor under 37,447
section 3304 of the Internal Revenue Code of 1954. 37,448
(10) "Additional benefits" means benefits totally financed 37,450
by a state and payable to exhaustees by reason of high 37,451
unemployment or by reason of other special factors under the 37,452
provisions of any state law. 37,453
(B) Except when the result would be inconsistent with the 37,455
other provisions of this section, as provided in the regulations 37,456
of the administrator DIRECTOR, the provisions of Chapter 4141. 37,457
of the Revised Code, which apply to claims for, or the payment 37,459
of, regular benefits, shall apply to claims for, and the payment 37,460
of, extended benefits. 37,461
(C) Any individual shall be eligible to receive extended 37,463
benefits with respect to any week of unemployment in the 37,464
individual's eligibility period only if the administrator 37,466
DIRECTOR finds that, with respect to such week: 37,468
(1) The individual is an "exhaustee" as defined in 37,470
division (A)(8) of this section; and 37,471
(2) The individual has satisfied the requirements of 37,473
Chapter 4141. of the Revised Code, for the receipt of regular 37,474
benefits that are applicable to individuals claiming extended 37,475
benefits, including not being subject to a disqualification for 37,476
the receipt of benefits. 37,477
(D) The weekly extended benefit amount payable to an 37,479
individual for a week of total unemployment in the individual's 37,481
eligibility period shall be the same as the weekly benefit amount 37,482
payable to the individual during the individual's applicable 37,484
benefit year.
(E) The total extended benefit amount payable to any 37,486
847
eligible individual with respect to the individual's applicable 37,488
benefit year shall be the lesser of the following amounts: 37,489
(1) Fifty per cent of the total amount of regular 37,491
benefits, including dependents' allowances which were payable to 37,492
the individual under Chapter 4141. of the Revised Code, in the 37,494
individual's applicable benefit year; 37,495
(2) Thirteen times the individual's weekly benefit amount, 37,497
including dependents' allowances, which was payable to the 37,499
individual under Chapter 4141. of the Revised Code, for a week of 37,501
total unemployment in the applicable benefit year; provided, that 37,502
in making the computation under divisions (E)(1) and (2) of this 37,503
section, any amount which is not a multiple of one dollar shall 37,504
be rounded to the next lower multiple of one dollar. 37,505
(F)(1) Except as provided in division (F)(2) of this 37,507
section, an individual eligible for extended benefits pursuant to 37,508
an interstate claim filed in any state under the interstate 37,509
benefit payment plan shall not be paid extended benefits for any 37,510
week in which an extended benefit period is not in effect in such 37,511
state. 37,512
(2) Division (F)(1) of this section does not apply with 37,514
respect to the first two weeks for which extended compensation is 37,515
payable to an individual, as determined without regard to this 37,516
division, pursuant to an interstate claim filed under the 37,517
interstate benefit payment plan from the total extended benefit 37,518
amount payable to that individual in the individual's applicable 37,520
benefit year.
(3) Notwithstanding any other provisions of this section, 37,522
if the benefit year of any individual ends within an extended 37,523
benefit period, the remaining balance of extended benefits that 37,524
the individual would, but for this section, be entitled to 37,525
receive in that extended benefit period, with respect to weeks of 37,526
unemployment beginning after the end of the benefit year, shall 37,527
be reduced, but not below zero, by the product of the number of 37,528
weeks for which the individual received any amounts as trade 37,529
848
readjustment allowances within that benefit year, multiplied by 37,530
the individual's weekly benefit amount for extended benefits. 37,531
(G)(1) Whenever an extended benefit period is to become 37,533
effective in this state, as a result of a state "on" indicator, 37,534
or an extended benefit period is to be terminated in this state 37,535
as a result of a state "off" indicator, the administrator 37,536
DIRECTOR shall make an appropriate public announcement. 37,538
(2) Computations required by division (A)(4) of this 37,540
section shall be made by the administrator DIRECTOR, in 37,541
accordance with the regulations prescribed by the United States 37,543
secretary of labor. 37,544
(H)(1)(a) The administrator DIRECTOR shall promptly 37,546
examine any application for extended benefits filed and, under 37,547
this section, shall determine whether such application is to be 37,548
allowed or disallowed and, if allowed, the weekly and total 37,549
extended benefits payable and the effective date of the 37,550
application. The claimant, the claimant's most recent employer, 37,551
and any other employer in the base period of the claim upon which 37,553
the extended benefits are based, and who was chargeable for 37,554
regular benefits based on such claim, shall be notified of such 37,555
determination.
(b) The determination issued to the most recent or other 37,557
base period employer shall include the total amount of extended 37,558
benefits which may be charged to the employer's account. Such 37,560
potential charge amount shall be an amount equal to one-fourth of 37,561
the regular benefits chargeable to the employer's account on the 37,562
regular claim upon which extended benefits are based except that, 37,564
effective January 1, 1979, the potential charge amount to the 37,565
state and its instrumentalities and its political subdivisions 37,566
and their instrumentalities shall be an amount equal to one-half 37,567
of the regular benefits chargeable to their accounts on such 37,568
claim. If regular benefits were chargeable to the mutualized 37,569
account, in lieu of an employer's account, then the extended 37,570
benefits which are based on such prior mutualized benefits shall 37,571
849
also be charged to the mutualized account. 37,572
(c) As extended benefits are paid to eligible individuals: 37,574
(i) One-half of such benefits will be charged to an 37,576
extended benefit account to which reimbursement payments of 37,577
one-half of extended benefits, received from the federal 37,578
government as described in division (J) of this section, will be 37,579
credited; and 37,580
(ii) One-half of the extended benefits shall be charged to 37,582
the accounts of base period employers and the mutualized account 37,583
in the same sequence as was provided for on the regular claim; or 37,584
(iii) The full amount of extended benefits shall be 37,586
charged to the accounts of the state and its instrumentalities, 37,587
and its political subdivisions and their instrumentalities. 37,588
Employers making payments in lieu of contributions shall be 37,589
charged in accordance with division (B)(1) of section 4141.241 of 37,590
the Revised Code. 37,591
(d) If the application for extended benefits is 37,593
disallowed, a determination shall be issued to the claimant, 37,594
which determination shall set forth the reasons for the 37,595
disallowance. Determinations issued under this division, whether 37,596
allowed or disallowed, shall be subject to reconsideration and 37,597
appeal in accordance with section 4141.28 of the Revised Code. 37,598
(2) Any additional or continued claims, as described in 37,600
division (F) of section 4141.01 of the Revised Code, filed by an 37,601
individual at the beginning of, or during, the individual's 37,602
extended benefit period shall be determined under division (D) of 37,604
section 4141.28 of the Revised Code, and such determination shall 37,605
be subject to reconsideration and appeal in accordance with 37,606
section 4141.28 of the Revised Code. 37,607
(I) Notwithstanding division (B) of this section, payment 37,609
of extended benefits under this section shall not be made to any 37,610
individual for any week of unemployment in the individual's 37,611
eligibility period during which the individual fails to accept 37,613
any offer of suitable work, as defined in division (I)(2) of this 37,615
850
section, or fails to apply for any suitable work to which the 37,616
individual was referred by the administrator DIRECTOR, or fails 37,618
to actively engage in seeking work, as prescribed in division 37,619
(I)(4) of this section.
(1) If any individual is ineligible for extended benefits 37,621
for any week by reason of a failure described in this division, 37,622
the individual shall be ineligible to receive extended benefits 37,623
beginning with the week in which the failure occurred and 37,624
continuing until the individual has been employed during each of 37,625
four subsequent weeks and the total remuneration earned by the 37,626
individual for this employment is equal to or more than four 37,627
times the individual's weekly extended benefit amount, and has 37,628
met all other eligibility requirements of this section, in order 37,629
to establish entitlement to extended benefits. 37,630
(2) For purposes of this section, the term "suitable work" 37,632
means, with respect to an individual, any work which is within 37,633
the individual's capabilities, provided that with respect to the 37,634
position all of the following requirements are met: 37,635
(a) It offers the individual gross average weekly 37,637
remuneration of more than the sum of: 37,638
(i) The individual's extended weekly benefit amount; and 37,640
(ii) The amount of supplemental unemployment compensation 37,642
benefits, as defined in section 501(c)(17)(D) of the "Internal 37,643
Revenue Code of 1954," 80 Stat. 1515, 26 U.S.C.A. 501, payable to 37,644
the individual for the week of unemployment. 37,645
(b) It pays equal to or more than the higher of: 37,647
(i) The minimum wage provided by section 6(a)(1) of the 37,649
"Fair Labor Standards Act of 1938," 91 Stat. 1245, 29 U.S.C.A. 37,650
206, without regard to any exemption; or 37,651
(ii) Any applicable state or local minimum wage. 37,653
(c) It is offered to the individual in writing or is 37,655
listed with the employment office maintained or designated by the 37,656
bureau of employment services DIRECTOR. 37,657
(3) Extended benefits shall not be denied under this 37,659
851
division to any individual for any week by reason of a failure to 37,660
accept an offer of, or apply for suitable work if either of the 37,661
following conditions apply: 37,662
(a) The failure would not result in a denial of benefits 37,664
to a regular benefit claimant under section 4141.29 of the 37,665
Revised Code to the extent that section 4141.29 of the Revised 37,666
Code is not inconsistent with division (I)(2) of this section; 37,667
(b) The individual furnishes evidence satisfactory to the 37,669
administrator DIRECTOR that the individual's prospects for 37,670
obtaining work in the individual's customary occupation within a 37,672
reasonably short period are good. If the evidence is deemed 37,674
satisfactory, the determination as to whether any work is 37,675
suitable work with respect to this individual and whether the 37,676
individual is ineligible or disqualified shall be based upon the 37,677
meaning of "suitable work" and other provisions in section 37,678
4141.29 of the Revised Code.
(4) For purposes of this section, an individual shall be 37,680
treated as actively engaged in seeking work during any week if: 37,681
(a) The individual has engaged in a systematic and 37,683
sustained effort to obtain work during that week; and 37,684
(b) The individual provides tangible evidence to the 37,686
administrator DIRECTOR that the individual has engaged in the 37,687
effort during that week. 37,689
(5) The administrator DIRECTOR shall refer applicants for 37,691
extended benefits to job openings that meet the requirements of 37,693
divisions (E) and (F) of section 4141.29 of the Revised Code, and 37,694
in the case of applicants whose prospects are determined not to 37,695
be good under division (I)(3)(b) of this section to any suitable 37,696
work which meets the criteria in divisions (I)(2) and (3)(a) of 37,697
this section. 37,698
(6) Individuals denied extended or regular benefits under 37,700
division (D)(1)(b) of section 4141.29 of the Revised Code because 37,701
of being given a disciplinary layoff for misconduct must, after 37,702
the date of disqualification, work the length of time and earn 37,703
852
the amount of remuneration specified in division (I)(1) of this 37,704
section, and meet all other eligibility requirements of this 37,705
section, in order to establish entitlement to extended benefits. 37,706
(J) All payments of extended benefits made pursuant to 37,708
this section shall be paid out of the unemployment compensation 37,709
fund, provided by section 4141.09 of the Revised Code, and all 37,710
payments of the federal share of extended benefits that are 37,711
received as reimbursements under section 204 of the 37,712
"Federal-State Extended Unemployment Compensation Act of 1970," 37,713
84 Stat. 696, 26 U.S.C.A. 3306, shall be deposited in such 37,714
unemployment compensation fund and shall be credited to the 37,715
extended benefit account established by division (G) of this 37,716
section. Any refund of extended benefits, because of prior 37,717
overpayment of such benefits, may be made from the unemployment 37,718
compensation fund. 37,719
(K) In the administration of the provisions of this 37,721
section which are enacted to conform with the requirements of the 37,722
"Federal-State Extended Unemployment Compensation Act of 1970," 37,723
84 Stat. 696, 26 U.S.C.A. 3306, the administrator DIRECTOR shall 37,724
take such action consistent with state law, as may be necessary: 37,726
(1) To ensure that the provisions are so interpreted and 37,728
applied as to meet the requirements of the federal act as 37,729
interpreted by the United States department of labor; and 37,730
(2) To secure to this state the full reimbursement of the 37,732
federal share of extended benefits paid under this section that 37,733
are reimbursable under the federal act. 37,734
Sec. 4141.31. (A) Benefits otherwise payable for any week 37,743
shall be reduced by the amount of remuneration a claimant 37,744
receives with respect to such week as follows: 37,745
(1) Remuneration in lieu of notice; 37,747
(2) Compensation for wage loss under division (B) of 37,749
section 4123.56 of the Revised Code or temporary partial 37,750
disability under the workers' compensation law of any state or 37,751
under a similar law of the United States; 37,752
853
(3) Except as provided in section 4141.312 of the Revised 37,754
Code, payments in the form of retirement, or pension allowances 37,755
under a plan wholly financed by an employer which payments are 37,756
paid either directly by the employer, or indirectly through a 37,757
trust, annuity, insurance fund, or under an insurance contract 37,758
whether payable upon retirement, termination, or separation from 37,759
employment, provided that if the claimant has twenty-six weeks or 37,760
more of employment with a subsequent employer or employers who 37,761
are not paying him THE CLAIMANT a pension or retirement 37,762
allowance, then such pension or retirement payments shall not 37,763
reduce the benefits payable for the week, and provided further 37,764
that no benefits shall thereafter be charged to the account of 37,765
the employer who is paying the pension, but instead such benefits 37,766
shall be charged to the mutualized account except as provided in 37,767
division (B)(1)(b) of section 4141.241 of the Revised Code if the 37,768
claimant's separation from the employer was disqualifying under 37,769
division (D)(2)(a) of section 4141.29 of the Revised Code.; 37,770
(4) Remuneration in the form of separation or termination 37,772
pay paid to an employee at the time of his THE EMPLOYEE'S 37,773
separation from employment; 37,774
(5) Vacation pay or allowance payable under the terms of a 37,776
labor-management contract or agreement, or other contract of 37,777
hire, which payments are allocated to designated weeks. 37,778
If payments under this division are paid with respect to a 37,780
month then the amount of remuneration deemed to be received with 37,781
respect to any week during such month shall be computed by 37,782
multiplying such monthly amount by twelve and dividing the 37,783
product by fifty-two. If there is no designation of the period 37,784
with respect to which payments to an individual are made under 37,785
this section then an amount equal to such individual's normal 37,786
weekly wage shall be attributed to and deemed paid with respect 37,787
to the first and each succeeding week following his THE 37,788
INDIVIDUAL'S separation or termination from the employment of the 37,790
employer making the payment until such amount so paid is 37,791
854
exhausted.
If benefits for any week, when reduced as provided in this 37,793
division, result in an amount not a multiple of one dollar, such 37,794
benefits shall be rounded to the next lower multiple of one 37,795
dollar. 37,796
Any payment allocated by the employer or the administrator 37,798
DIRECTOR of the bureau of employment JOB AND FAMILY services to 37,800
weeks under division (A)(1), (4), or (5) of this section shall be 37,802
deemed to be remuneration for the purposes of establishing a 37,803
qualifying week and a benefit year under divisions (O)(1) and (R) 37,804
of section 4141.01 of the Revised Code. 37,805
(B) Benefits payable for any week shall not be reduced by 37,807
the amount of remuneration a claimant receives with respect to 37,808
such week in the form of drill or reserve pay received by a 37,809
member of the Ohio national guard or the armed forces reserve for 37,810
attendance at a regularly scheduled drill or meeting. 37,811
(C) No benefits shall be paid for any week with respect to 37,813
which or a part of which an individual has received or is seeking 37,814
unemployment benefits under an unemployment compensation law of 37,815
any other state or of the United States, provided the 37,816
disqualifications shall not apply if the appropriate agency of 37,817
such other state or of the United States finally determines that 37,818
he AN INDIVIDUAL is not entitled to such unemployment benefits. 37,819
A law of the United States providing any payment of any type and 37,820
in any amounts for periods of unemployment due to lack of work 37,821
shall be considered an unemployment compensation law of the 37,822
United States.
(D) Notwithstanding any other provision in this chapter, 37,824
benefits otherwise payable shall not be reduced by payments that 37,825
were made to an individual on or after August 1, 1991, pursuant 37,826
to "The National Defense Authorization Act for Fiscal Years 1992 37,827
and 1993," Public Law 102-190, 105 Stat. 1394, 1396, 10 U.S.C.A. 37,828
1174a, 1175, in the form of voluntary separation incentive 37,829
payments and special separation pay. 37,830
855
Sec. 4141.321. (A) The administrator DIRECTOR of the 37,839
bureau of employment JOB AND FAMILY services shall inform an 37,841
individual who files an application for determination of benefit 37,843
rights on and after January 1, 1997, of all of the following at 37,844
the time the individual files the application: 37,845
(1) Unemployment compensation is subject to federal income 37,847
tax;
(2) Requirements exist pertaining to estimated tax 37,849
payments;
(3) An individual may elect to have federal income tax 37,851
deducted and withheld from the unemployment compensation benefits 37,852
payable to that individual in the amount specified in the 37,853
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et 37,854
seq.;
(4) An individual may change the withholding status the 37,856
individual has previously elected once during his THE 37,857
INDIVIDUAL'S benefit year. 37,858
(B) The administrator DIRECTOR shall deduct and withhold 37,861
from unemployment compensation benefits payable to an individual
after December 31, 1996, federal income tax in the amount 37,862
specified in the "Internal Revenue Code of 1986," 100 Stat. 2085, 37,863
26 U.S.C.A. 1 et seq., if the individual informs the 37,864
administrator DIRECTOR that the individual elects to have the 37,868
administrator DIRECTOR make the deduction.
(C) In making the deduction specified in division (B) of 37,870
this section, the administrator DIRECTOR shall comply with the 37,871
procedures specified by the United States department of labor and 37,874
the internal revenue service that pertain to the deducting and 37,875
withholding of income tax. The administrator DIRECTOR shall 37,876
adopt rules establishing priorities for the deduction and 37,877
withholding of amounts under division (B) of this section. 37,878
(D) Amounts deducted and withheld pursuant to division (B) 37,880
of this section shall remain in the unemployment compensation 37,881
fund until transferred to the internal revenue service as a 37,882
856
payment of income tax.
Sec. 4141.33. (A) "Seasonal employment" means employment 37,891
of individuals hired primarily to perform services in an industry 37,892
which because of climatic conditions or because of the seasonal 37,893
nature of such industry it is customary to operate only during 37,894
regularly recurring periods of forty weeks or less in any 37,895
consecutive fifty-two weeks. "Seasonal employer" means an 37,896
employer determined by the administrator DIRECTOR of the bureau 37,898
of employment JOB AND FAMILY services to be an employer whose 37,899
operations and business, with the exception of certain 37,900
administrative and maintenance operations, are substantially all 37,901
in a seasonal industry. Any employer who claims to have seasonal 37,902
employment in a seasonal industry may file with the administrator 37,903
DIRECTOR a written application for classification of such 37,905
employment as seasonal. Whenever in any industry it is customary 37,906
to operate because of climatic conditions or because of the 37,907
seasonal nature of such industry only during regularly recurring 37,908
periods of forty weeks or less duration, benefits shall be 37,909
payable only during the longest seasonal periods which the best 37,910
practice of such industry will reasonably permit. The 37,911
administrator DIRECTOR shall determine, after investigation, 37,913
hearing, and due notice, whether the industry is seasonal and, if 37,914
seasonal, establish seasonal periods for such seasonal employer. 37,915
Until such determination by the administrator DIRECTOR, no 37,916
industry or employment shall be deemed seasonal. 37,918
(B) When the administrator DIRECTOR has determined such 37,920
seasonal periods, he THE DIRECTOR shall also establish the 37,923
proportionate number of weeks of employment and earnings required 37,925
to qualify for seasonal benefit rights in place of the weeks of 37,926
employment and earnings requirement stipulated in division (R) of 37,927
section 4141.01 and section 4141.30 of the Revised Code, and the 37,928
proportionate number of weeks for which seasonal benefits may be 37,929
paid. An individual whose base period employment consists of 37,930
only seasonal employment for a single seasonal employer and who 37,931
857
meets the employment and earnings requirements determined by the 37,932
administrator DIRECTOR pursuant to this division will have his 37,934
benefit rights determined in accordance with this division. 37,935
Benefit charges for such seasonal employment shall be computed 37,936
and charged in accordance with division (D) of section 4141.24 of 37,937
the Revised Code. The administrator DIRECTOR may adopt rules for 37,938
implementation of this section. 37,939
(C) An individual whose base period employment consists of 37,941
either seasonal employment with two or more seasonal employers or 37,942
both seasonal employment and nonseasonal employment with 37,943
employers subject to this chapter, will have his benefit rights 37,944
determined in accordance with division (R) of section 4141.01 and 37,945
section 4141.30 of the Revised Code. Benefit charges for both 37,946
seasonal and nonseasonal employment shall be computed and charged 37,947
in accordance with division (D) of section 4141.24 of the Revised 37,948
Code. The total seasonal and nonseasonal benefits during a 37,950
benefit year cannot exceed twenty-six times the weekly benefit
amount. 37,951
(D) Benefits shall not be paid to any individual on the 37,953
basis of any services, substantially all of which consist of 37,954
participating in sports or athletic events or training or 37,955
preparing to so participate, for any week which commences during 37,956
the period between two successive sport seasons, or similar 37,957
periods, if the individual performed services in the first of the 37,958
seasons, or similar periods, and there is a reasonable assurance 37,959
that the individual will perform services in the later of the 37,960
seasons, or similar periods. 37,961
(1) The term "reasonable assurance" as used in this 37,963
division means a written, verbal, or implied agreement that the 37,965
individual will perform services in the same or similar capacity 37,966
during the ensuing sports season. 37,967
(2) The administrator DIRECTOR shall adopt rules 37,969
concerning the eligibility for benefits of individuals under this 37,970
division.
858
Sec. 4141.35. (A) If the administrator DIRECTOR of the 37,979
bureau of employment JOB AND FAMILY services finds that any 37,981
fraudulent misrepresentation has been made by an applicant for or 37,982
a recipient of benefits with the object of obtaining benefits to 37,983
which the applicant or recipient was not entitled, and in 37,985
addition to any other penalty or forfeiture under this chapter, 37,986
then the administrator DIRECTOR:
(1) Shall within four years after the end of the benefit 37,988
year in which the fraudulent misrepresentation was made reject or 37,989
cancel such person's entire weekly claim for benefits that was 37,990
fraudulently claimed, or the person's entire benefit rights if 37,992
the misrepresentation was in connection with the filing of the 37,993
claimant's application for determination of benefit rights; 37,994
(2) Shall by order declare that, for each application for 37,996
benefit rights and for each weekly claim canceled, such person 37,997
shall be ineligible for two otherwise valid weekly claims for 37,998
benefits, claimed within six years subsequent to the discovery of 37,999
such misrepresentation; 38,000
(3) By order shall require that the total amount of 38,003
benefits rejected or canceled under division (A)(1) of this 38,004
section be repaid to the bureau of employment services DIRECTOR 38,005
before such person may become eligible for further benefits, and 38,007
shall withhold such unpaid sums from future benefit payments 38,008
accruing and otherwise payable to such claimant. Effective with 38,009
orders issued on or after January 1, 1993, if such benefits are 38,010
not repaid within thirty days after the administrator's 38,011
DIRECTOR'S order becomes final, interest on the amount remaining 38,013
unpaid shall be charged to the person at a rate and calculated in 38,014
the same manner as provided under section 4141.23 of the Revised 38,015
Code. When a person ordered to repay benefits has repaid all 38,016
overpaid benefits according to a plan approved by the 38,017
administrator DIRECTOR, the administrator DIRECTOR may cancel the 38,018
amount of interest that accrued during the period of the 38,020
repayment plan. The administrator DIRECTOR may take action in 38,022
859
the courts of this state to collect benefits and interest as 38,023
provided in sections 4141.23 and 4141.27 of the Revised Code, in 38,024
regard to the collection of unpaid contributions, using the final 38,025
repayment order as the basis for such action. No administrative 38,026
or legal proceedings for the collection of such benefits or 38,027
interest due shall be initiated after the expiration of six years 38,028
from the date on which the administrator's DIRECTOR'S order 38,029
requiring repayment became final and the amount of any benefits 38,031
or interest not recovered at that time, and any liens thereon, 38,032
shall be canceled as uncollectible.
(4) May take action to collect benefits fraudulently 38,034
obtained under the unemployment compensation law of any other 38,035
state or the United States or Canada. Such action may be 38,036
initiated in the courts of this state in the same manner as 38,037
provided for unpaid contributions in section 4141.41 of the 38,038
Revised Code. 38,039
(5) May take action to collect benefits that have been 38,041
fraudulently obtained from the bureau DIRECTOR, interest pursuant 38,043
to division (A)(3) of this section, and court costs, through 38,044
attachment proceedings under Chapter 2715. of the Revised Code 38,045
and garnishment proceedings under Chapter 2716. of the Revised 38,046
Code. 38,047
(B) If the administrator DIRECTOR finds that an applicant 38,049
for benefits has been credited with a waiting period or paid 38,050
benefits to which the applicant was not entitled for reasons 38,051
other than fraudulent misrepresentation, the administrator 38,053
DIRECTOR shall:
(1)(a) Within six months after the determination under 38,056
which the claimant was credited with that waiting period or paid 38,057
benefits becomes final pursuant to section 4141.28 of the Revised 38,058
Code, or within three years after the end of the benefit year in 38,059
which such benefits were claimed, whichever is later, by order 38,060
cancel such waiting period and require that such benefits be 38,061
repaid to the bureau of employment services DIRECTOR or be 38,062
860
withheld from any benefits to which such applicant is or may 38,064
become entitled before any additional benefits are paid, provided 38,065
that the repayment or withholding shall not be required where the 38,066
overpayment is the result of the administrator's DIRECTOR'S 38,067
correcting or amending a prior decision due to a typographical or 38,069
clerical error in the administrator's DIRECTOR'S prior decision, 38,071
or an error in an employer's report under division (G)(2) of 38,072
section 4141.28 of the Revised Code.
(b) The limitation specified in division (B)(1)(a) of this 38,074
section shall not apply to cases involving the retroactive 38,075
payment of remuneration covering periods for which benefits were 38,076
previously paid to the claimant. However, in such cases, the 38,077
administrator's DIRECTOR'S order requiring repayment shall not be 38,079
issued unless the administrator DIRECTOR is notified of such 38,080
retroactive payment within six months from the date the 38,082
retroactive payment was made to the claimant. 38,083
(2) The administrator DIRECTOR may, by reciprocal 38,085
agreement with the United States secretary of labor or another 38,087
state, recover overpayment amounts from unemployment benefits 38,088
otherwise payable to an individual under Chapter 4141. of the 38,089
Revised Code. Any overpayments made to the individual that have 38,090
not previously been recovered under an unemployment benefit 38,091
program of the United States may be recovered in accordance with 38,092
section 303(g) of the "Social Security Act" and sections 38,093
3304(a)(4) and 3306(f) of the "Federal Unemployment Tax Act," 53 38,094
Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311. 38,095
(3) If the amounts required to be repaid under division 38,097
(B) of this section are not recovered within three years from the 38,098
date the administrator's DIRECTOR'S order requiring payment 38,099
became final, initiate no further action to collect such benefits 38,101
and the amount of any benefits not recovered at that time shall 38,102
be canceled as uncollectible. 38,103
(C) The reconsideration and appeal provisions of section 38,105
4141.28 of the Revised Code shall apply to all orders and 38,106
861
determinations issued under this section, except that an 38,107
individual's right of appeal under division (B)(2) of this 38,108
section shall be limited to this state's authority to recover 38,109
overpayment of benefits. 38,110
(D) If an individual makes a full repayment or a repayment 38,112
that is less than the full amount required by this section, the 38,113
administrator DIRECTOR shall apply the repayment to the 38,114
mutualized account under division (B) of section 4141.25 of the 38,116
Revised Code, except that the administrator DIRECTOR shall credit 38,118
the repayment to the accounts of the individual's base period 38,120
employers that previously have not been credited for the amount 38,121
of improperly paid benefits charged against their accounts based 38,122
on the proportion of benefits charged against the accounts as 38,123
determined pursuant to division (D) of section 4141.24 of the 38,124
Revised Code.
The administrator DIRECTOR shall deposit any repayment 38,126
collected under this section that the administrator DIRECTOR 38,127
determines to be payment of interest or court costs into the 38,130
unemployment compensation special administrative fund established 38,131
pursuant to section 4141.11 of the Revised Code. 38,132
Sec. 4141.38. No person or no member of a firm or no 38,141
president, secretary, general manager, or managing agent of a 38,142
corporation, subject to sections 4141.01 to 4141.46 of the 38,143
Revised Code THIS CHAPTER, shall fail to comply with such 38,144
sections relating to the making of reports or the payment of 38,145
contributions to the unemployment compensation fund. 38,146
Any fine collected for a violation of this section shall be 38,148
paid to the administrator DIRECTOR of the bureau of employment 38,149
JOB AND FAMILY services and placed in such fund. 38,150
Each day's failure on the part of such person, member of a 38,152
firm, or officer of a corporation to comply with such sections, 38,153
after notice to such person, firm, or corporation from the 38,154
administrator DIRECTOR, constitutes a separate offense. 38,155
Sec. 4141.39. (A) Any interested party may enjoin the 38,165
862
further operation of an employer who has failed to pay the 38,166
contributions or to make payments in lieu of contributions as
required under this chapter. The procedure to obtain an 38,167
injunction is governed by Chapter 2727. of the Revised Code and 38,168
the right to such relief is in addition to the rights described 38,169
in section 2727.02 of the Revised Code.
(B)(1) No construction contractor or subcontractor who, on 38,172
the date of entering into a construction contract has failed to 38,173
pay contributions or to make payments in lieu of contributions as
required under this chapter for a minimum of nine consecutive 38,174
months, may bring an action to enforce rights arising from that 38,175
construction contract.
(2) Nothing in this section shall require the surety of a 38,177
contractor or subcontractor described in division (B)(1) of this 38,178
section to make payment of any contributions or payments in lieu 38,179
of contributions as required under this chapter for that 38,180
contractor or subcontractor, or affect the surety's rights in the 38,181
event that the contractor or subcontractor is in default or is
declared by an obligee to be in default of its contractual 38,182
obligations.
(C) As used in this section: 38,184
(1) "Interested part PARTY" means either of the following: 38,186
(a) The attorney general; 38,188
(b) The administrator DIRECTOR of the bureau of employment 38,191
JOB AND FAMILY services.
(2) "Construction contract" means any oral or written 38,194
agreement involving any activity in connection with the erection, 38,195
alteration, repair, replacement, renovation, installation, or 38,196
demolition of any building, structure, highway, or bridge. 38,197
Sec. 4141.40. No employer, employee, or other person shall 38,206
violate sections 4141.01 to 4141.46, inclusive, of the Revised 38,207
Code THIS CHAPTER, or do any act prohibited by such sections 38,209
CHAPTER, or fail to perform any duty lawfully enjoined, within 38,210
the time prescribed by the administrator DIRECTOR of the bureau 38,211
863
of employment JOB AND FAMILY services, for which no penalty has 38,213
been specifically provided, or fail to obey any lawful order 38,214
given or made by the administrator DIRECTOR or any judgment or 38,215
decree made by any court in connection with such sections. Every 38,216
day during which any person or corporation, or any officer, 38,217
agent, or employee thereof, fails to comply with any order of the 38,218
administrator DIRECTOR or to perform any duty enjoined by 38,219
sections 4141.01 to 4141.46, inclusive, of the Revised Code THIS 38,220
CHAPTER, constitutes a separate violation of such order or of 38,222
such sections CHAPTER.
Sec. 4141.41. Any nonresident employer who exercises the 38,231
privilege of having one or more individuals perform personal 38,232
services for him THE NONRESIDENT EMPLOYER within this state and 38,234
any resident employer who exercises that privilege and thereafter
removes from this state shall be deemed thereby to appoint the 38,235
secretary of state as his THE EMPLOYER'S agent and attorney for 38,236
the acceptance of process in any civil action under this section. 38,238
The administrator DIRECTOR of the bureau of employment JOB AND 38,239
FAMILY services in instituting an action against any such 38,240
employer shall cause such process or notice to be filed with the 38,241
secretary of state and such service shall be sufficient service 38,242
upon such employer, and shall be of the same force and validity 38,243
as if served upon him THE EMPLOYER personally within this state; 38,244
provided the administrator DIRECTOR shall forthwith send notice 38,245
of the service of such process or notice, together with a copy 38,247
thereof, by registered mail, return receipt requested, to such 38,248
employer at his THE EMPLOYER'S last known address, and such 38,249
return receipt, the administrator's DIRECTOR'S affidavit of 38,250
compliance with this section, and the copy of the notice of 38,253
service shall be appended to the original of the process filed in 38,254
the court in which such civil action is pending. The court in
which such action is pending may grant continuances to afford 38,255
such employer a reasonable opportunity to defend his THE 38,256
EMPLOYER'S interests.
864
The courts of this state shall recognize and enforce 38,258
liabilities for unemployment contributions imposed by other 38,259
states which extend a like comity to this state. 38,260
The attorney general may commence action in any other 38,262
jurisdiction by and in the name of the administrator DIRECTOR to 38,263
collect unemployment contributions, forfeitures, and interest 38,265
legally due this state. The officials of other states which 38,266
extend a like comity to this state may sue for the collection of
such contributions in the courts of this state. A certificate by 38,267
the secretary of state under the great seal of the state that 38,268
such officers of the department as designated by the 38,269
administrator DIRECTOR have authority to collect the unemployment 38,271
contributions shall be conclusive evidence of such authority.
No person residing in this state shall willfully make a 38,273
false statement or representation or knowingly fail to disclose a 38,274
material fact to obtain or increase benefits or payments under 38,275
the unemployment insurance law of any other state. 38,276
The attorney general may commence action in this state as 38,278
agent for or on behalf of any other state to enforce judgments 38,279
and liabilities for unemployment insurance taxes or contributions 38,280
due such other state if such other state extends a like comity to 38,281
this state.
Sec. 4141.42. The administrator DIRECTOR of the bureau of 38,290
employment JOB AND FAMILY services may enter into reciprocal 38,292
agreements with departments charged with the administration of 38,293
the unemployment compensation law of any other state or the
United States or the Dominion of Canada for the purpose of 38,294
determining and placing the liability of an employer for the 38,296
payment of contributions for services rendered within this state 38,297
or such other jurisdiction, or both, and to provide that the 38,299
jurisdiction authorized to collect the contributions shall
determine the benefit rights which may arise in connection with 38,300
such services and assume the liability for the payment of the 38,301
benefits.
865
Sec. 4141.43. (A) The administrator DIRECTOR of the 38,310
bureau of employment JOB AND FAMILY services may cooperate with 38,312
the industrial commission, the bureau of workers' compensation, 38,314
the United States internal revenue service, the United States 38,315
employment service, the department of human services, and other 38,316
similar departments and agencies, as determined by the 38,317
administrator DIRECTOR, in the exchange or disclosure of 38,318
information as to wages, employment, payrolls, unemployment, and 38,319
other information. The administrator DIRECTOR may employ, 38,320
jointly with one or more of such agencies or departments, 38,322
auditors, examiners, inspectors, and other employees necessary 38,323
for the administration of this chapter and employment and 38,324
training services for workers in the state. 38,325
(B) The administrator DIRECTOR may make the state's record 38,327
relating to the administration of this chapter available to the 38,328
railroad retirement board and may furnish the board at the 38,329
board's expense such copies thereof as the board deems necessary 38,330
for its purposes. 38,331
(C) The administrator DIRECTOR may afford reasonable 38,333
cooperation with every agency of the United States charged with 38,334
the administration of any unemployment compensation law. 38,335
(D) The administrator DIRECTOR may enter into arrangements 38,337
with the appropriate agencies of other states or of the United 38,338
States or Canada whereby individuals performing services in this 38,339
and other states for a single employer under circumstances not 38,340
specifically provided for in division (B) of section 4141.01 of 38,341
the Revised Code or in similar provisions in the unemployment 38,342
compensation laws of such other states shall be deemed to be 38,343
engaged in employment performed entirely within this state or 38,344
within one of such other states or within Canada, and whereby 38,345
potential rights to benefits accumulated under the unemployment 38,346
compensation laws of several states or under such a law of the 38,347
United States, or both, or of Canada may constitute the basis for 38,348
the payment of benefits through a single appropriate agency under 38,349
866
terms that the administrator DIRECTOR finds will be fair and 38,350
reasonable as to all affected interests and will not result in 38,351
any substantial loss to the unemployment compensation fund. 38,352
(E) The administrator DIRECTOR may enter into agreements 38,354
with the appropriate agencies of other states or of the United 38,355
States or Canada: 38,356
(1) Whereby services or wages upon the basis of which an 38,358
individual may become entitled to benefits under the unemployment 38,359
compensation law of another state or of the United States or 38,360
Canada shall be deemed to be employment or wages for employment 38,361
by employers for the purposes of qualifying claimants for 38,362
benefits under this chapter, and the administrator DIRECTOR may 38,363
estimate the number of weeks of employment represented by the 38,364
wages reported to the administrator DIRECTOR for such claimants 38,365
by such other agency, provided such other state agency or agency 38,367
of the United States or Canada has agreed to reimburse the 38,368
unemployment compensation fund for such portion of benefits paid 38,369
under this chapter upon the basis of such services or wages as 38,370
the administrator DIRECTOR finds will be fair and reasonable as 38,371
to all affected interests;
(2) Whereby the administrator DIRECTOR will reimburse 38,373
other state or federal or Canadian agencies charged with the 38,374
administration of unemployment compensation laws with such 38,375
reasonable portion of benefits, paid under the law of such other 38,376
states or of the United States or of Canada upon the basis of 38,377
employment or wages for employment by employers, as the 38,378
administrator DIRECTOR finds will be fair and reasonable as to 38,379
all affected interests. Reimbursements so payable shall be 38,380
deemed to be benefits for the purpose of section 4141.09 and 38,381
division (A) of section 4141.30 of the Revised Code. However, no 38,382
reimbursement so payable shall be charged against any employer's 38,383
account for the purposes of section 4141.24 of the Revised Code 38,384
if the employer's account, under the same or similar 38,385
circumstances, with respect to benefits charged under the 38,386
867
provisions of this chapter, other than this section, would not be 38,387
charged or, if the claimant at the time the claimant files the 38,388
combined wage claim cannot establish benefit rights under this 38,390
chapter. This noncharging shall not be applicable to a nonprofit
organization that has elected to make payments in lieu of 38,392
contributions under section 4141.241 of the Revised Code, except 38,393
as provided in division (D)(2) of section 4141.24 of the Revised 38,395
Code. The administrator DIRECTOR may make to other state or 38,397
federal or Canadian agencies and receive from such other state or 38,398
federal or Canadian agencies reimbursements from or to the 38,399
unemployment compensation fund, in accordance with arrangements 38,400
pursuant to this section.
(3) Notwithstanding division (B)(2)(f) of section 4141.01 38,402
of the Revised Code, the administrator DIRECTOR may enter into 38,403
agreements with other states whereby services performed for a 38,404
crew leader, as defined in division (BB) of section 4141.01 of 38,405
the Revised Code, may be covered in the state in which the crew 38,406
leader either: 38,407
(a) Has the crew leader's place of business or from which 38,410
the crew leader's business is operated or controlled; 38,411
(b) Resides if the crew leader has no place of business in 38,414
any state. 38,415
(F) The administrator DIRECTOR may apply for an advance to 38,417
the unemployment compensation fund and do all things necessary or 38,418
required to obtain such advance and arrange for the repayment of 38,419
such advance in accordance with Title XII of the "Social Security 38,420
Act" as amended. 38,421
(G) The administrator DIRECTOR may enter into reciprocal 38,423
agreements or arrangements with the appropriate agencies of other 38,424
states in regard to services on vessels engaged in interstate or 38,425
foreign commerce whereby such services for a single employer, 38,426
wherever performed, shall be deemed performed within this state 38,427
or within such other states. 38,428
(H) The administrator DIRECTOR shall participate in any 38,430
868
arrangements for the payment of compensation on the basis of 38,431
combining an individual's wages and employment, covered under 38,432
this chapter, with the individual's wages and employment covered 38,433
under the unemployment compensation laws of other states which 38,435
are approved by the United States secretary of labor in 38,436
consultation with the state unemployment compensation agencies as 38,437
reasonably calculated to assure the prompt and full payment of 38,438
compensation in such situations and which include provisions for: 38,439
(1) Applying the base period of a single state law to a 38,441
claim involving the combining of an individual's wages and 38,442
employment covered under two or more state unemployment 38,443
compensation laws, and 38,444
(2) Avoiding the duplicate use of wages and employment by 38,446
reason of such combining. 38,447
(I) The administrator DIRECTOR shall cooperate with the 38,449
United States department of labor to the fullest extent 38,450
consistent with this chapter, and shall take such action, through 38,451
the adoption of appropriate rules, regulations, and 38,452
administrative methods and standards, as may be necessary to 38,453
secure to this state and its citizens all advantages available 38,454
under the provisions of the "Social Security Act" that relate to 38,455
unemployment compensation, the "Federal Unemployment Tax Act," 38,456
(1970) 84 Stat. 713, 26 U.S.C.A. 3301 to 3311, the "Wagner-Peyser 38,457
Act," (1933) 48 Stat. 113, 29 U.S.C.A. 49, and the "Federal-State 38,459
Extended Unemployment Compensation Act of 1970," 84 Stat. 596, 26 38,460
U.S.C.A. 3306.
Sec. 4141.431. (A) Notwithstanding section 4141.20 of the 38,469
Revised Code, the administrator DIRECTOR of the bureau of 38,470
employment JOB AND FAMILY services shall attempt to enter into an 38,471
agreement under section 3510(F) of the "Internal Revenue Code of 38,473
1986" with the secretary of the treasury to collect, as the agent 38,474
of this state, the taxes imposed by this chapter on remuneration 38,475
paid for domestic service in a private home of the employer.
(B) Upon the administrator DIRECTOR entering into an 38,477
869
agreement under division (A) of this section, returns with 38,479
respect to taxes imposed by this chapter on remuneration paid for 38,480
domestic service in a private home of the employer shall be made 38,481
on a calendar-year basis.
(C) The administrator DIRECTOR shall adopt rules to 38,483
further implement the coordination of this chapter and the 38,485
"Social Security Domestic Employment Reform Act of 1994," 108 38,486
Stat. 4071, 26 U.S.C.A. 3121. Such rules do not require approval
of the unemployment compensation board of review COMMISSION under 38,488
section 4141.14 of the Revised Code.
Sec. 4141.47. (A) There is hereby created the auxiliary 38,497
services personnel unemployment compensation fund, which shall 38,498
not be a part of the state treasury. The fund shall consist of 38,499
moneys paid into the fund pursuant to section 3317.06 of the 38,500
Revised Code. The treasurer of state shall administer it in 38,501
accordance with the directions of the administrator DIRECTOR of 38,502
the bureau of employment JOB AND FAMILY services. The 38,503
administrator DIRECTOR shall establish procedures under which 38,505
school districts that are charged and have paid for unemployment 38,506
benefits as reimbursing employers pursuant to this chapter for 38,507
personnel employed pursuant to section 3317.06 of the Revised 38,508
Code may apply for and receive reimbursement for those payments 38,509
under this section. School districts are not entitled to 38,510
reimbursement for any delinquency charges, except as otherwise 38,511
provided by law. In the case of school districts electing to pay 38,512
contributions under section 4141.242 of the Revised Code, the 38,513
administrator DIRECTOR shall establish procedures for 38,515
reimbursement of the district from the fund of contributions made 38,516
on wages earned by any auxiliary service personnel. 38,517
(B) In the event of the termination of the auxiliary 38,519
services program established pursuant to section 3317.06 of the 38,520
Revised Code, and after the administrator DIRECTOR has made 38,521
reimbursement to school districts for all possible unemployment 38,523
compensation claims of persons who were employed pursuant to 38,524
870
section 3317.06 of the Revised Code, the administrator DIRECTOR 38,525
shall certify that fact to the treasurer of state, who shall then 38,527
transfer all unexpended moneys in the auxiliary services 38,528
personnel unemployment compensation fund to the general revenue 38,529
fund. In the event the auxiliary services personnel unemployment 38,530
compensation fund contains insufficient moneys to pay all valid 38,531
claims by school districts for reimbursement pursuant to this 38,532
section, the administrator DIRECTOR shall estimate the total 38,533
additional amount necessary to meet the liabilities of the fund 38,535
and submit a request to the general assembly for an appropriation 38,536
of that amount of money from the general revenue fund to the 38,537
auxiliary services personnel unemployment compensation fund. 38,538
(C) All disbursements from the auxiliary services 38,540
personnel unemployment compensation fund shall be paid by the 38,541
treasurer of state on warrants drawn by the administrator 38,542
DIRECTOR. The warrants may bear the facsimile signature of the 38,544
administrator DIRECTOR printed thereon or that of a deputy or 38,546
other employee of the administrator DIRECTOR charged with the 38,547
duty of keeping the account of the fund. Moneys in the fund 38,549
shall be maintained in a separate account on the books of the 38,550
depositary bank. The money shall be secured by the depositary 38,551
bank to the same extent and in the same manner as required by 38,552
Chapter 135. of the Revised Code. All sums recovered for losses 38,553
sustained by the fund shall be deposited therein. The treasurer 38,554
of state is liable on his THE TREASURER OF STATE'S official bond 38,555
for the faithful performance of his THE TREASURER OF STATE'S 38,556
duties in connection with the fund. 38,558
(D) All necessary and proper expenses incurred in 38,560
administering this section shall be paid to the administrator 38,561
DIRECTOR from the auxiliary services personnel unemployment 38,563
compensation fund. For this purpose, there is hereby created in 38,564
the state treasury the auxiliary services program administrative 38,565
fund. The treasurer of state, pursuant to the warrant procedures 38,566
specified in division (C) of this section, shall advance moneys 38,567
871
as requested by the administrator DIRECTOR from the auxiliary 38,568
services personnel unemployment compensation fund to the 38,570
auxiliary services program administrative fund. The 38,571
administrator DIRECTOR periodically may request the advance of 38,573
such moneys as in his THE TREASURER OF STATE'S opinion are needed 38,575
to meet anticipated administrative expenses and may make 38,576
disbursements from the auxiliary services program administrative 38,577
fund to pay those expenses.
(E) Upon receipt of a certification from the department of 38,579
education regarding a refund to a board of education pursuant to 38,580
section 3317.06 of the Revised Code, the administrator DIRECTOR 38,581
shall issue a refund in the amount certified to the board from 38,583
the auxiliary services personnel unemployment compensation fund. 38,584
Sec. 4167.02. (A) The bureau DIRECTOR of employment 38,593
services COMMERCE shall operate and enforce the public employment 38,595
risk reduction program created by this chapter. 38,596
(B) There is hereby created in the bureau DEPARTMENT of 38,598
employment services COMMERCE the public employment risk reduction 38,600
advisory commission consisting of sixteen members appointed by 38,601
the administrator DIRECTOR of the bureau of employment services 38,603
COMMERCE. Eight members of the commission shall be 38,604
representatives of public employers, eight members shall be 38,605
representatives of public employees, all of whom shall have
expertise in the area of occupational safety and health issues. 38,606
In making appointments to the commission, the administrator 38,608
DIRECTOR shall select the members representing public employers 38,610
from a list of six names submitted by the Ohio municipal league, 38,611
six names submitted by the Ohio township association, six names 38,612
submitted by the county commissioners association of Ohio, three 38,613
names submitted by the inter-university council of Ohio, and 38,614
three names submitted by the Ohio school board association, 38,615
provided that from the lists submitted, the administrator 38,616
DIRECTOR shall appoint two members from the names submitted by 38,618
the Ohio municipal league, one of whom shall represent a larger 38,619
872
municipal corporation and one of whom shall represent a smaller 38,620
municipal corporation, two members from the names submitted by 38,621
the Ohio township association, one of whom shall represent a 38,622
larger township and one of whom shall represent a smaller 38,623
township, two members from the names submitted by the county 38,624
commissioners association of Ohio, one of whom shall represent a 38,625
larger county and one of whom shall represent a smaller county, 38,626
one member from the names submitted by the inter-university 38,627
council of Ohio, and one member from the names submitted by the 38,628
Ohio school board association. 38,629
A member appointed to represent public employers must 38,631
represent a jurisdiction that is subject to this chapter and a 38,632
member appointed to represent public employees must represent 38,633
public employees who are subject to this chapter. No more than 38,634
eight members, at any time, may be of the same political party. 38,635
(C) The administrator DIRECTOR shall make the initial 38,637
appointments to the commission within ninety days after the 38,639
effective date of this section APRIL 20, 1993. Of the initial 38,640
appointments, the administrator DIRECTOR shall appoint two public 38,643
employer and two public employee members to serve for a term 38,644
ending two years after the appointment date, two public employer 38,645
and two public employee members to serve for a term ending three 38,646
years after the appointment date, two public employer and two 38,647
public employee members to serve for a term ending four years 38,648
after the appointment date, and two public employer, and two 38,649
public employee members to serve a term ending five years after 38,650
the appointment date. Thereafter, terms of office are for five 38,651
years ending on the fifth anniversary of the appointment date. 38,652
Each member shall serve subsequent to the expiration of the 38,653
member's term until a THE MEMBER'S successor is appointed and 38,654
qualified or until a period of sixty days has elapsed, whichever 38,655
occurs first. Before entering upon the duties of office, each 38,657
member shall take and subscribe to and file with the secretary of 38,658
state the constitutional oath of office. The administrator 38,659
873
DIRECTOR shall fill all vacancies in the manner prescribed for 38,660
regular appointments to the commission but such appointments are 38,661
limited to the unexpired terms. Members are eligible for 38,662
reappointment to the commission. 38,663
The administrator DIRECTOR, after giving the member notice 38,665
and an opportunity for a hearing, may remove a member for 38,667
misfeasance, malfeasance, or nonfeasance. Three or more absences 38,668
by a member from commission meetings that are not excused by the 38,669
commission constitute nonfeasance. If the administrator DIRECTOR 38,670
removes a member, the administrator DIRECTOR promptly shall fill 38,672
the vacancy created in accordance with the requirements of this 38,674
section.
(D) Annually, upon the appointment and qualification of 38,676
the members appointed in that year, the commission shall organize 38,677
by selecting among its members a chairperson and such other 38,679
officers as the commission considers appropriate. Each member 38,680
shall receive actual and necessary expenses incurred in the 38,681
performance of the member's official duties as a commission 38,682
member. 38,683
(E) The commission shall meet at the call of the 38,685
chairperson or upon the written request of at least seven members 38,687
of the commission. A majority of the members of the commission 38,688
constitutes a quorum to conduct the business of the commission. 38,689
(F) The commission shall do all of the following: 38,691
(1) Adopt rules, in accordance with Chapter 119. of the 38,693
Revised Code, for the administration and enforcement of this 38,694
chapter, including rules covering standards the administrator 38,695
DIRECTOR shall follow in issuing an emergency temporary Ohio 38,697
employment risk reduction standard under section 4167.08 of the 38,698
Revised Code and a temporary variance and a variance from an Ohio 38,699
employment risk reduction standard or part thereof under section 38,700
4167.09 of the Revised Code; 38,701
(2) Do all things necessary and appropriate for the 38,703
administration and enforcement of this chapter. 38,704
874
(G) In carrying out the responsibilities of this chapter, 38,706
the administrator DIRECTOR may use, with the consent of any 38,709
federal, state, or local agency, the services, facilities, and 38,710
personnel of such agency, with or without reimbursement, and may 38,711
retain or contract with experts, consultants, and organizations 38,712
for services or personnel on such terms as the administrator 38,713
DIRECTOR determines appropriate.
Sec. 4167.06. (A) A public employee acting in good faith 38,722
has the right to refuse to work under conditions that the public 38,723
employee reasonably believes present an imminent danger of death 38,724
or serious harm to the public employee, provided that such 38,725
conditions are not such as normally exist for or reasonably might 38,726
be expected to occur in the occupation of the public employee. A 38,727
public employer shall not discriminate against a public employee 38,728
for a good faith refusal to perform assigned tasks if the public 38,729
employee has requested that the public employer correct the 38,730
hazardous conditions but the conditions remain uncorrected, there 38,731
was insufficient time to eliminate the danger by resorting to the 38,732
enforcement methods provided in this chapter, and the danger was 38,733
one that a reasonable person under the circumstances then 38,734
confronting the public employee would conclude is an imminent 38,735
danger of death or serious physical harm to the public employee. 38,736
A public employee who has refused in good faith to perform 38,737
assigned tasks and who has not been reassigned to other tasks by 38,738
the public employer shall, in addition to retaining a right to 38,739
continued employment, receive full compensation for the tasks 38,740
that would have been performed. If the public employer reassigns 38,741
the public employee, the public employer shall pay him his THE 38,742
PUBLIC EMPLOYEE'S full compensation as if he THE PUBLIC EMPLOYEE 38,744
were not reassigned.
(B) A public employee who exercises his THE right to 38,746
refuse to work under division (A) of this section shall notify by 38,747
a written statement that is signed by the public employee, as 38,748
soon as practicable after exercising that right, the 38,749
875
administrator DIRECTOR of the bureau of employment services 38,752
COMMERCE of the condition that presents an imminent danger of 38,753
death or serious harm to the public employee. Upon receipt of 38,754
the notification, the administrator DIRECTOR or his THE 38,755
DIRECTOR'S designee immediately shall inspect the premises of the 38,758
public employer. The administrator DIRECTOR and his THE 38,759
DIRECTOR'S designee shall comply with section 4167.10 of the 38,762
Revised Code in conducting the inspection and investigation and 38,763
in issuing orders and citations.
(C) A public employee who refuses to perform assigned 38,765
tasks under division (A) of this section and fails to meet all of 38,766
the conditions set forth in that division for the refusal is 38,767
subject to any disciplinary action provided by law or agreement 38,768
between the public employer and public employee for a refusal to 38,769
work, including, but not limited to, suspension, nonpayment of 38,770
wages for the duration of the refusal to work, and discharge. 38,771
Sec. 4167.08. (A) In the event of an emergency or unusual 38,780
situation, the administrator DIRECTOR of the bureau of employment 38,782
services COMMERCE shall issue an emergency temporary Ohio 38,783
employment risk reduction standard to take immediate effect upon 38,784
publication in newspapers of general circulation in Cleveland, 38,785
Columbus, Cincinnati, and Toledo if the administrator DIRECTOR 38,786
finds both of the following: 38,787
(1) Public employees are exposed to grave danger from 38,789
exposure to substances or agents determined to be toxic or 38,790
physically harmful or from new hazards; 38,791
(2) The emergency temporary Ohio employment risk reduction 38,793
standard is necessary to protect employees from the danger. 38,794
(B)(1) Except as provided in division (B)(2) of this 38,796
section an emergency temporary Ohio employment risk reduction 38,797
standard issued by the administrator DIRECTOR under division (A) 38,798
of this section shall be in effect no longer than fifteen days, 38,802
unless the commission approves the emergency temporary Ohio 38,803
employment risk reduction standard as issued by the administrator 38,804
876
DIRECTOR, in which case, the emergency temporary Ohio employment 38,806
risk reduction standard shall be in effect no longer than one 38,807
hundred twenty days after the date the administrator DIRECTOR 38,808
issues it.
(2) The administrator DIRECTOR may renew an emergency 38,810
temporary Ohio employment risk reduction standard that has been 38,812
approved by the public employment risk reduction advisory 38,813
commission for an additional time period not to exceed one 38,814
hundred days if he THE DIRECTOR finds that the conditions 38,816
identified in divisions (A)(1) and (2) of this section continue 38,817
to exist.
On or before the expiration date of the emergency temporary 38,819
Ohio employment risk reduction standard or renewal thereof, if 38,820
the conditions identified in divisions (A)(1) and (2) of this 38,821
section continue to exist, the commission shall adopt a permanent 38,822
Ohio employment risk reduction standard pursuant to section 38,823
4167.07 of the Revised Code as a rule to replace the emergency 38,824
temporary Ohio employment risk reduction standard. 38,825
Sec. 4167.09. (A) Any public employer affected by a 38,834
proposed rule or Ohio employment risk reduction standard or any 38,835
provision thereof proposed under section 4167.07 or 4167.08 of 38,836
the Revised Code may apply to the administrator DIRECTOR of the 38,838
bureau of employment services COMMERCE for an order granting a 38,839
temporary variance from the standard or provision thereof. The 38,840
application for the order and any extension thereof shall contain 38,841
a reasonable application fee, as determined by the public 38,842
employment risk reduction advisory commission, and all of the 38,843
following information: 38,844
(1) A specification of the Ohio public employment risk 38,846
reduction standard or portion thereof from which the public 38,847
employer seeks the temporary variance; 38,848
(2) A representation by the public employer, supported by 38,850
representations from qualified persons having firsthand knowledge 38,851
of the facts represented, that the public employer is unable to 38,852
877
comply with the Ohio employment risk reduction standard or 38,853
portion thereof and a detailed statement of the reasons therefor; 38,854
(3) A statement of the steps that the public employer has 38,856
taken and will take, with dates specified, to protect employees 38,857
against the hazard covered by the standard; 38,858
(4) A statement of when the public employer expects to be 38,860
able to comply fully with the Ohio employment risk reduction 38,861
standard and what steps he THE PUBLIC EMPLOYER has taken and will 38,863
take, with dates specified, to come into full compliance with the 38,864
standard;
(5) A certification that the public employer has informed 38,866
his THE PUBLIC EMPLOYER'S public employees of the application by 38,867
giving a copy of the application to the public employee 38,869
representative, if any, and by posting a statement giving a 38,870
summary of the application and specifying where a copy of the 38,871
application may be examined at the place or places where notices 38,872
to public employees are normally posted, and by any other 38,873
appropriate means of public employee notification. The public 38,874
employer must also inform his THE PUBLIC EMPLOYER'S public 38,875
employees of their rights to a hearing under section 4167.15 of 38,876
the Revised Code. The certification also shall contain a 38,877
description of how public employees have been informed of the 38,878
application and of their rights to a hearing. 38,879
(B) The administrator DIRECTOR shall issue an order 38,881
providing for a temporary variance if the public employer files 38,883
an application that meets the requirements of division (A) of 38,884
this section and establishes that all of the following pertaining 38,885
to the public employer are true: 38,886
(1) He THE PUBLIC EMPLOYER is unable to comply with the 38,888
Ohio employment risk reduction standard or a provision thereof by 38,890
its effective date because of the unavailability of professional 38,891
or technical personnel or of materials and equipment needed to 38,892
come into compliance with the Ohio employment risk reduction 38,893
standard or provision thereof or because necessary construction 38,894
878
or alteration of facilities cannot be completed by the effective 38,895
date of the standard. 38,896
(2) He THE PUBLIC EMPLOYER is taking all available steps 38,898
to safeguard his THE PUBLIC EMPLOYER'S public employees against 38,899
the hazards covered by the Ohio employment risk reduction 38,901
standard.
(3) He THE PUBLIC EMPLOYER has an effective program for 38,903
coming into compliance with the Ohio employment risk reduction 38,905
standard as quickly as practicable. 38,906
(4) The granting of the variance will not create an 38,908
imminent danger of death or serious physical harm to public 38,909
employees. 38,910
(C)(1) If the administrator DIRECTOR issues an order 38,912
providing for a temporary variance under division (B) of this 38,914
section, the administrator DIRECTOR shall prescribe the 38,915
practices, means, methods, operations, and processes that the 38,918
public employer must adopt and use while the order is in effect 38,919
and state in detail the public employer's program for coming into 38,920
compliance with the Ohio employment risk reduction standard. The 38,921
administrator DIRECTOR may issue the order only after providing 38,924
notice to affected public employees and their public employee 38,925
representative, if any, and an opportunity for a hearing pursuant 38,926
to section 4167.15 of the Revised Code, provided that the 38,927
administrator DIRECTOR may issue one interim order granting a 38,928
temporary order to be effective until a decision on a hearing is 38,931
made. Except as provided in division (C)(2) of this section, no 38,932
temporary variance may be in effect for longer than the period 38,933
needed by the public employer to achieve compliance with the Ohio 38,934
employment risk reduction standard or one year, whichever is 38,935
shorter. 38,936
(2) The administrator DIRECTOR may renew an order issued 38,938
under division (C) of this section up to two times provided that 38,940
the requirements of divisions (A), (B), and (C)(1) of this 38,941
section and section 4167.15 of the Revised Code are met and the 38,942
879
public employer files an application for renewal with the 38,943
administrator DIRECTOR at least ninety days prior to the 38,946
expiration date of the order.
(D) Any public employer affected by an Ohio employment 38,948
risk reduction standard or any provision thereof proposed, 38,949
adopted, or otherwise issued under section 4167.07 or 4167.09 of 38,950
the Revised Code may apply to the administrator DIRECTOR for an 38,951
order granting a variance from the standard or portion thereof. 38,952
The administrator DIRECTOR shall provide affected public 38,953
employees and their public employee representative, if any, 38,956
notice of the application and shall provide an opportunity for a 38,957
hearing pursuant to section 4167.15 of the Revised Code. The 38,958
administrator DIRECTOR shall issue the order granting the 38,960
variance if the public employer files an application that meets 38,961
the requirements of division (B) of this section, and after an 38,962
opportunity for a hearing pursuant to section 4167.15 of the
Revised Code, and if the public employer establishes to the 38,963
satisfaction of the administrator DIRECTOR that the conditions, 38,964
practices, means, methods, operations, or processes used or 38,965
proposed to be used by him THE PUBLIC EMPLOYER will provide 38,966
employment and places of employment to his THE PUBLIC EMPLOYER'S 38,967
public employees that are as safe and healthful as those that 38,968
would prevail if he THE PUBLIC EMPLOYER complied with the Ohio 38,969
employment risk reduction standard. The administrator DIRECTOR 38,971
shall prescribe in the order granting the variance the conditions 38,974
the public employer must maintain, and the practices, means, 38,975
methods, operations, and processes he THE PUBLIC EMPLOYER must 38,976
adopt and utilize in lieu of the Ohio employment risk reduction 38,978
standard which would otherwise apply. The administrator DIRECTOR 38,979
may modify or revoke the order upon application of the public 38,981
employer, public employee, or public employee representative, or 38,982
upon his THE DIRECTOR'S own motion in the manner prescribed for 38,984
the issuance of an order under this division at any time during 38,985
six months after the date of issuance of the order.
880
Sec. 4167.10. (A) In order to carry out the purposes of 38,994
this chapter, the administrator DIRECTOR of the bureau of 38,995
employment services COMMERCE or the administrator's DIRECTOR'S 38,997
designee shall, as provided in this section, inspect and 38,999
investigate any plant, facility, establishment, construction 39,000
site, or any other area, workplace, or environment where work is 39,001
being performed by a public employee of a public employer, and 39,002
any place of employment and all pertinent conditions, structures, 39,003
machines, apparatus, devices, equipment, and materials therein, 39,004
and question privately any public employer, administrator, 39,005
department head, operator, agent, or public employee. The 39,006
authority to inspect and investigate includes the taking of 39,007
environmental samples, the taking and obtaining of photographs 39,008
related to the purposes of the inspection or investigation, the 39,009
examination of records required to be kept under section 4167.11 39,010
of the Revised Code and other documents and records relevant to 39,011
the inspection and investigation, the issuance of subpoenas, and 39,012
the conducting of tests and other studies reasonably calculated 39,013
to serve the purposes of implementing and enforcing this chapter. 39,014
Except as provided in this section, the administrator DIRECTOR or 39,015
the administrator's DIRECTOR'S designee shall conduct inspections 39,017
and investigations only pursuant to a request to do so by a 39,018
public employee or public employee representative, or the
notification the administrator DIRECTOR receives pursuant to 39,020
division (B) of section 4167.06 of the Revised Code and only if 39,021
the administrator DIRECTOR or the administrator's DIRECTOR'S 39,022
designee complies with this section. The administrator DIRECTOR 39,023
or the administrator's DIRECTOR'S designee shall conduct all 39,024
requested or required inspections within a reasonable amount of 39,026
time following receipt of the request or notification. 39,027
(B)(1) Any public employee or public employee 39,029
representative who believes that a violation of an Ohio 39,030
employment risk reduction standard exists that threatens physical 39,031
harm, or that an imminent danger exists, may request an 39,032
881
inspection by giving written notice to the administrator DIRECTOR 39,034
or the administrator's DIRECTOR'S designee of the violation or 39,036
danger. The notice shall set forth with reasonable particularity 39,037
the grounds for the notice, and shall be signed by the public 39,038
employee or public employee representative. The names of
individual public employees making the notice or referred to 39,040
therein shall not appear in the copy provided to the public 39,041
employer pursuant to division (B)(2) of this section and shall be 39,042
kept confidential.
(2) If, upon receipt of a notification pursuant to 39,044
division (B)(1) of this section, the administrator DIRECTOR 39,045
determines that there are no reasonable grounds to believe that a 39,047
violation or danger exists, the administrator DIRECTOR shall 39,048
inform the public employee or public employee representative in 39,050
writing of the determination. If, upon receipt of a 39,051
notification, the administrator DIRECTOR determines that there 39,052
are reasonable grounds to believe that a violation or danger 39,053
exists, the administrator DIRECTOR shall, within one week, 39,054
excluding Saturdays, Sundays, and any legal holiday as defined in 39,056
section 1.14 of the Revised Code, after receipt of the 39,057
notification, notify the public employer, by certified mail,
return receipt requested, of the alleged violation or danger. 39,058
The notice provided to the public employer or the public 39,059
employer's agent shall contain a copy of the notice provided to 39,060
the administrator DIRECTOR by the public employee or the public 39,062
employee representative under division (B)(1) of this section and 39,063
shall inform the public employer of the alleged violation or 39,064
danger and that the administrator DIRECTOR or the administrator's 39,066
DIRECTOR'S designee will investigate and inspect the public 39,067
employer's workplace as provided in this section. The public 39,068
employer must respond to the administrator DIRECTOR, in a method 39,069
determined by the administrator DIRECTOR, concerning the alleged 39,071
violation or danger, within thirty days after receipt of the 39,073
notice. If the public employer does not correct the violation or 39,074
882
danger within the thirty-day period or if the public employer 39,075
fails to respond within that time period, the administrator 39,076
DIRECTOR or the administrator's DIRECTOR'S designee shall 39,077
investigate and inspect the public employer's workplace as 39,078
provided in this section. The administrator DIRECTOR or the 39,079
administrator's DIRECTOR'S designee shall not conduct any 39,080
inspection prior to the end of the thirty-day period unless 39,083
requested or permitted by the public employer. The administrator 39,084
DIRECTOR may, at any time upon the request of the public 39,085
employer, inspect and investigate any violation or danger alleged 39,086
to exist at the public employer's place of employment. 39,087
(3) The authority of the administrator DIRECTOR or the 39,089
administrator's DIRECTOR'S designee to investigate and inspect a 39,091
premises pursuant to a public employee or public employee 39,092
representative notification is not limited to the alleged 39,093
violation or danger contained in the notification. The 39,094
administrator DIRECTOR or the administrator's DIRECTOR'S designee 39,095
may investigate and inspect any other area of the premises where 39,098
there is reason to believe that a violation or danger exists. In 39,100
addition, if the administrator DIRECTOR or the administrator's 39,102
DIRECTOR'S designee detects any obvious or apparent violation at 39,104
any temporary place of employment while en route to the premises 39,105
to be inspected or investigated, and that violation presents a 39,106
substantial probability that the condition or practice could 39,107
result in death or serious physical harm, the administrator 39,108
DIRECTOR or the administrator's DIRECTOR'S designee may use any 39,110
of the enforcement mechanisms provided in this section to correct 39,113
or remove the condition or practice.
(4) If, during an inspection or investigation, the 39,115
administrator DIRECTOR or the administrator's DIRECTOR'S designee 39,117
finds any condition or practice in any place of employment that 39,121
presents a substantial probability that the condition or practice 39,122
could result in death or serious physical harm, after notifying 39,123
the employer of the administrator's DIRECTOR'S intent to issue an 39,124
883
order, the administrator DIRECTOR shall issue an order, or the 39,127
administrator's DIRECTOR'S designee shall issue an order after 39,128
consultation either by telephone or in person with the 39,129
administrator DIRECTOR and upon the recommendation of the 39,130
administrator DIRECTOR, which prohibits the employment of any 39,132
public employee or any continuing operation or process under such 39,133
condition or practice until necessary steps are taken to correct 39,134
or remove the condition or practice. The order shall not be 39,135
effective for more than fifteen days, unless a court of competent 39,136
jurisdiction otherwise orders as provided in section 4167.14 of 39,137
the Revised Code. 39,138
(C) In making any inspections or investigations under this 39,140
chapter, the administrator DIRECTOR or the administrator's 39,142
DIRECTOR'S designee may administer oaths and require, by 39,143
subpoena, the attendance and testimony of witnesses and the 39,145
production of evidence under oath. Witnesses shall receive the 39,146
same fees and mileage provided for witnesses in civil cases in 39,147
the court of common pleas. In the case of contumacy, failure, or 39,148
refusal of any person to comply with an order or any subpoena 39,149
lawfully issued, or upon the refusal of any witness to testify to 39,150
any matter regarding which the witness may lawfully be 39,151
interrogated, a judge of the court of common pleas of any county 39,152
in this state, on the application of the administrator DIRECTOR 39,153
or the administrator's DIRECTOR'S designee, shall issue an order 39,156
requiring the person to appear and to produce evidence if, as, 39,157
and when so ordered, and to give testimony relating to the matter 39,158
under investigation or in question. The court may punish any 39,159
failure to obey the order of the court as a contempt thereof. 39,160
(D) If, upon inspection or investigation, the 39,162
administrator DIRECTOR or the administrator's DIRECTOR'S designee 39,164
believes that a public employer has violated any requirement of 39,167
this chapter or any rule, Ohio employment risk reduction 39,168
standard, or order adopted or issued pursuant thereto, the 39,169
administrator DIRECTOR or the administrator's DIRECTOR'S designee 39,170
884
shall, with reasonable promptness, issue a citation to the public 39,172
employer. The citation shall be in writing and describe with 39,173
particularity the nature of the alleged violation, including a 39,174
reference to the provision of law, Ohio employment risk reduction 39,175
standard, rule, or order alleged to have been violated. In
addition, the citation shall fix a time for the abatement of the 39,177
violation, as provided in division (H) of this section. The
administrator DIRECTOR may prescribe procedures for the issuance 39,179
of a notice with respect to minor violations and for enforcement 39,180
of minor violations that have no direct or immediate relationship 39,181
to safety or health. 39,182
(E) Upon receipt of any citation under this section, the 39,184
public employer shall immediately post the citation, or a copy 39,185
thereof, at or near each place an alleged violation referred to 39,186
in the citation occurred. 39,187
(F) The administrator DIRECTOR may not issue a citation 39,189
under this section after the expiration of six months following 39,191
the final occurrence of any violation. 39,192
(G) If the administrator DIRECTOR issues a citation 39,194
pursuant to this section, the administrator DIRECTOR shall mail 39,196
the citation to the public employer by certified mail, return 39,198
receipt requested. The public employer has fourteen days after 39,200
receipt of the citation within which to notify the administrator 39,201
DIRECTOR that the employer wishes to contest the citation. If 39,202
the employer notifies the administrator DIRECTOR within the 39,203
fourteen days that the employer wishes to contest the citation, 39,205
or if within fourteen days after the issuance of a citation a 39,206
public employee or public employee representative files notice 39,207
that the time period fixed in the citation for the abatement of 39,208
the violation is unreasonable, the administrator DIRECTOR shall 39,209
hold an adjudication hearing in accordance with Chapter 119. of 39,210
the Revised Code.
(H) In establishing the time limits in which a public 39,212
employer must abate a violation under this section, the 39,213
885
administrator DIRECTOR shall consider the costs to the public 39,215
employer, the size and financial resources of the public 39,216
employer, the severity of the violation, the technological 39,217
feasibility of the public employer's ability to comply with 39,218
requirements of the citation, the possible present and future 39,219
detriment to the health and safety of any public employee for 39,220
failure of the public employer to comply with requirements of the 39,221
citation, and such other factors as the administrator DIRECTOR 39,222
determines appropriate. The administrator DIRECTOR may, after 39,223
considering the above factors, permit the public employer to 39,225
comply with the citation over a period of up to two years and may 39,227
extend that period an additional one year, as the administrator 39,228
DIRECTOR determines appropriate.
(I) Any public employer may request the administrator 39,230
DIRECTOR to conduct an employment risk reduction inspection of 39,233
the public employer's place of employment. The administrator 39,234
DIRECTOR or the administrators DIRECTOR'S designee shall conduct 39,235
the inspection within a reasonable amount of time following the 39,236
request. Neither the administrator DIRECTOR nor any other person 39,238
may use any information obtained from the inspection for a period
not to exceed three years in any proceeding for a violation of 39,239
this chapter or any rule or order issued thereunder nor in any 39,240
other action in any court in this state. 39,241
Sec. 4167.11. (A) In order to further the purposes of 39,250
this chapter, the administrator DIRECTOR of the bureau of 39,251
employment services COMMERCE shall develop and maintain, for 39,253
public employers and public employees, an effective program of 39,254
collection, compilation, and analysis of employment risk 39,255
reduction statistics. 39,256
(B) To implement and maintain division (A) of this 39,258
section, the public employment risk reduction advisory commission 39,259
shall adopt rules in accordance with Chapter 119. of the Revised 39,260
Code that extend to all of the following: 39,261
(1) Requiring each public employer to make, keep, and 39,263
886
preserve, and make available to the administrator DIRECTOR, 39,264
reports and records regarding the public employer's activities, 39,266
as determined by the rule that are necessary or appropriate for 39,267
the enforcement of this chapter or for developing information 39,268
regarding the causes and prevention of occupational accidents and 39,269
illnesses. The rule shall prescribe which of these reports and 39,270
records shall or may be furnished to public employees and public 39,271
employee representatives. 39,272
(2) Requiring every public employer, through posting of 39,274
notices or other appropriate means, to keep their public 39,275
employees informed of public employees' rights and obligations 39,276
under this chapter, including the provisions of applicable Ohio 39,277
employment risk reduction standards; 39,278
(3) Requiring public employers to maintain accurate 39,280
records of public employee exposure to potentially toxic 39,281
materials, carcinogenic materials, and harmful physical agents 39,282
that are required to be monitored or measured under rules adopted 39,283
under the guidelines of division (C) of section 4167.07 of the 39,284
Revised Code. The rule shall provide public employees or public 39,285
employee representatives an opportunity to observe the monitoring 39,286
or measuring, and to have access on request to the records 39,287
thereof, and may provide public employees or public employee 39,288
representatives an opportunity to participate in and to undertake 39,289
their own monitoring or measuring. The rules also shall permit 39,290
each current or former public employee to have access to the 39,291
records that indicate their own exposure to toxic materials, 39,292
carcinogenic materials, or harmful agents. 39,293
(C) The administrator DIRECTOR shall obtain any 39,295
information under division (B) of this section with a minimum 39,297
burden upon the public employer and shall, to the maximum extent 39,298
feasible, reduce unnecessary duplication of efforts in obtaining 39,299
the information.
Sec. 4167.12. All information reported to or otherwise 39,308
obtained by the administrator DIRECTOR of the bureau of 39,311
887
employment services COMMERCE or his THE DIRECTOR'S designee in 39,312
connection with any investigation, inspection, or proceeding 39,313
under this chapter that reveals a trade secret of any person is 39,315
confidential, except that the information may be disclosed to 39,316
other agents or authorized representatives of the administrator 39,317
DIRECTOR concerned with fulfilling the requirements of this 39,319
chapter, or when relevant, to any proceeding under this chapter. 39,320
In any proceeding, the administrator DIRECTOR or the court shall 39,321
issue orders as appropriate to protect the confidentiality of 39,324
trade secrets.
Sec. 4167.14. (A) Any court of common pleas has 39,333
jurisdiction, upon petition of the administrator DIRECTOR of the 39,335
bureau of employment services COMMERCE, to restrain any 39,336
conditions or practices in any places of employment that present 39,337
a danger that could reasonably be expected to cause death or 39,338
serious harm or contribute significantly to occupationally 39,339
related illness immediately or before the imminence of the danger 39,340
can be eliminated through the enforcement procedures provided in 39,341
this chapter. Any order issued under this section may require 39,342
that steps be taken as necessary to avoid, correct, or remove the 39,344
imminent danger and prohibit the employment or presence of any
individual in locations or under conditions where the imminent 39,345
danger exists, except individuals whose presence is necessary to 39,346
avoid, correct, or remove the imminent danger. 39,347
(B) Upon the filing of a petition under division (A) of 39,349
this section, the court of common pleas may grant injunctive 39,350
relief or a temporary restraining order pending the outcome of an 39,351
enforcement proceeding pursuant to this chapter, except that no 39,352
temporary restraining order issued without notice is effective 39,353
for a period longer than five calendar days. 39,354
(C) If the administrator DIRECTOR or his THE DIRECTOR'S 39,357
designee responsible for inspections determines that the imminent 39,359
danger as described in division (A) of this section is such that 39,360
immediate action is necessary, and further determines that there 39,361
888
is not sufficient time in light of the nature, severity, and 39,362
imminence of the danger to seek and obtain a temporary 39,363
restraining order or injunction, the administrator DIRECTOR or 39,364
his THE DIRECTOR'S designee immediately shall file a petition 39,367
with the court under division (A) of this section and issue an 39,368
order requiring action to be taken as is necessary to avoid, 39,369
correct, or remove the imminent danger.
The public employment risk reduction advisory commission 39,371
shall adopt rules, in accordance with Chapter 119. of the Revised 39,372
Code, to permit a public employer expeditious informal 39,373
reconsideration of any order issued by the administrator DIRECTOR 39,375
under this division. Unless the administrator DIRECTOR reverses 39,376
his AN order pursuant to the informal reconsideration, the order 39,379
remains in effect pending the court's determination under this 39,380
section. If the administrator DIRECTOR modifies his AN order 39,381
pursuant to the informal reconsideration, the administrator 39,384
DIRECTOR shall provide the court with whom the administrator 39,385
DIRECTOR filed the petition under this section with a copy of the 39,386
modified order. The modified order remains in effect pending the 39,387
court's determination under this section. 39,388
Sec. 4167.15. Any public employer, public employee, or 39,397
public employee representative affected by an order, rule, or 39,398
Ohio employment risk reduction standard proposed, adopted, or 39,399
otherwise issued pursuant to this chapter, may request, within 39,400
fourteen days after the proposal, adoption, or issuance of the 39,402
order, rule, or standard, a hearing from the administrator 39,403
DIRECTOR of the bureau of employment services COMMERCE. The 39,404
administrator DIRECTOR, within fourteen days after receipt of a 39,406
request for a hearing, shall appoint a hearing officer to make a 39,407
determination as to the request. The hearing officer, within 39,408
fourteen days after the hearing officer's appointment, shall hold 39,409
a hearing in accordance with Chapter 119. of the Revised Code 39,410
and, within fourteen days after the hearing, render a decision. 39,411
A public employer, public employee, or public employee 39,412
889
representative may appeal the decision of the hearing officer to 39,413
the administrator DIRECTOR, provided that the appeal is made 39,415
within thirty days after the hearing officer issues the decision. 39,416
The decision of the hearing officer is final unless appealed to 39,418
the administrator DIRECTOR within the time period set in this 39,419
section or unless the administrator DIRECTOR, on the 39,420
administrator's DIRECTOR'S own motion, modifies or reverses the 39,423
decision within that time period. If a party fails to appeal the 39,424
decision of the hearing officer, the decision of the hearing 39,425
officer is not, for purposes of section 4167.16 of the Revised 39,426
Code, a final order of the administrator DIRECTOR and is not 39,427
appealable to court as provided in section 4167.16 of the Revised 39,429
Code, except that if the party fails to appeal the decision of 39,430
the hearing officer, and the administrator DIRECTOR modifies or 39,431
reverses the decision under this section, the decision of the 39,433
administrator DIRECTOR is appealable to court pursuant to section 39,435
4167.16 of the Revised Code.
Sec. 4167.16. (A) Any party who is adversely affected by 39,444
a final order of the bureau DIRECTOR of employment services 39,446
COMMERCE issued pursuant to division (G) of section 4167.10 or 39,448
section 4167.15 of the Revised Code, and who has exhausted all 39,449
administrative appeals from such order may appeal the order, 39,450
within thirty days after the issuance of a final order, to the 39,452
court of common pleas of Franklin county or to the court of 39,453
common pleas of the county in which the alleged violation 39,454
occurred. If the court finds an undue hardship to the appellant 39,455
will result from the enforcement of the order pending 39,456
determination of the appeal, the court may grant a suspension of 39,457
the order and fix the terms thereof.
(B)(1) The court shall conduct a hearing on the appeal 39,459
filed under division (A) of this section and shall give 39,460
preference to all proceedings under this section over all other 39,461
civil cases, irrespective of the position of the proceedings on 39,462
the calendar of the court. The hearing shall proceed as in the 39,463
890
case of a civil action, and the court shall determine the rights 39,464
of the parties in accordance with the laws applicable to the 39,465
action. 39,466
(2) The court shall affirm the order of the administrator 39,468
DIRECTOR if it finds, upon consideration of the record as a 39,470
whole, and additional evidence as the court has admitted, that 39,471
the order is supported by reliable, probative, and substantial 39,472
evidence and is in accordance with law. In absence of that 39,473
finding, the court shall reverse, vacate, or modify the order or
make such other ruling as is supported by reliable, probative, 39,474
and substantial evidence and is in accordance with law. The 39,475
judgment of the court is final and conclusive, unless reversed, 39,476
vacated, or modified on appeal. Any party may appeal as provided 39,477
in Chapter 2505. of the Revised Code. 39,478
(C) No person who has failed to exhaust all of the 39,480
administrative appeals provided in this chapter may file an 39,481
appeal of a final order of the administrator DIRECTOR under 39,482
division (A) of this section.
Sec. 4167.17. (A) If a public employer, public employee, 39,491
or public employee representative willfully fails to comply with 39,492
any final order of the administrator DIRECTOR of the bureau of 39,494
employment services COMMERCE ISSUED PURSUANT TO THIS CHAPTER, the 39,495
administrator DIRECTOR may apply to the court of common pleas of 39,496
Franklin county or the court of common pleas of the county in 39,498
which the violation occurred, for an injunction, restraining 39,499
order, or any other appropriate relief compelling the public 39,500
employer, public employee, or public employee representative to 39,501
comply with such order. The court shall order such relief as it 39,502
considers appropriate and shall, in addition, impose a civil 39,503
penalty of not more than five hundred dollars per day per 39,504
violation and not to exceed a total of ten thousand dollars per 39,505
violation.
(B) The administrator DIRECTOR shall not seek to enforce 39,507
this chapter, or any Ohio employment risk reduction standard, 39,508
891
rule, or order adopted or issued pursuant thereto, in any manner 39,509
that derogates from the immunity offered to a public employer by 39,510
variances obtained under this chapter, or by variations, 39,511
tolerance, or exemption allowed a public employer for reasons of 39,512
national defense by the United States secretary of labor pursuant 39,513
to section 16 of the "Occupational Safety and Health Act of 39,514
1970," 84 Stat. 1590, 29 U.S.C.A. 651, as amended. 39,515
Sec. 4167.19. (A) A public employer, other than a state 39,524
agency, may apply to the administrator DIRECTOR of the bureau of 39,526
employment services COMMERCE for an order exempting the public 39,528
employer from compliance with this chapter, except as provided in 39,529
division (K) of this section, if the public employer satisfies 39,530
both of the following criteria: 39,531
(1) The public employer is a member of a group that 39,533
qualifies for a group rating plan pursuant to division (A)(4) of 39,534
section 4123.29 of the Revised Code or the public employer's 39,536
premium rate is at least fifty per cent less than the base rate 39,537
for its workers' compensation premiums;
(2) The public employer establishes and maintains a safety 39,539
committee with both public employees and representatives of the 39,540
public employer as members if the public employer does not 39,541
qualify for a group rating plan. A public employer that employs 39,542
five or fewer public employees need not have a safety committee. 39,543
(B) The application shall be on a form prescribed by the 39,545
administrator DIRECTOR and shall be transmitted to the 39,546
administrator DIRECTOR by certified mail, return receipt 39,547
requested. The application shall contain a certification of all 39,548
of the following: 39,549
(1) The public employer has adopted an ordinance or 39,551
resolution requesting an exemption from this chapter; 39,553
(2) At least ten working days prior to passage of an 39,555
ordinance or resolution described in division (B)(1) of this 39,556
section, the public employer has informed its public employees of 39,557
the application by giving a copy of the application to the public 39,559
892
employee representative, if any; 39,560
(3) The public employer has informed its public employees 39,562
by posting a statement for thirty consecutive days giving a 39,564
summary of the application and specifying where a copy of the 39,565
application may be examined at the place or places where notices 39,566
to public employees are normally posted, and by any other
appropriate means of public employee notification; 39,567
(4) The public employer has informed its public employees 39,569
of their rights to a hearing under section 4167.15 of the Revised 39,571
Code.
The certification also shall contain a description of how 39,573
public employees have been informed of the application and of 39,574
their rights to a hearing.
(C) Except as provided in this section, the administrator 39,576
DIRECTOR shall issue an order providing for an exemption if the 39,579
public employer meets the requirements of division (A) of this 39,580
section and files an application that meets the requirements of 39,581
division (B) of this section. 39,582
(D) The administrator DIRECTOR shall not grant an 39,584
exemption under division (C) of this section until after the 39,587
superintendent of the division of safety and hygiene in the 39,588
bureau of workers' compensation conducts an employment risk 39,589
reduction inspection of the public employer's place of employment 39,590
to determine the presence of any hazardous or unsafe conditions. 39,591
The administrator DIRECTOR shall not cite the public employer for 39,593
a violation of this chapter during this inspection. 39,594
(E) The superintendent shall provide a copy of the report 39,596
of the inspection conducted pursuant to division (D) of this 39,597
section and any findings to the public employer. Within six 39,598
months after receipt of the report, the public employer shall 39,599
submit the report to the administrator DIRECTOR, if the public 39,601
employer wishes to proceed with the exemption request. If the 39,602
report does not contain a description of any hazardous or unsafe 39,603
conditions, the administrator DIRECTOR shall grant the public 39,605
893
employer an exemption from this chapter, except as provided in 39,606
division (K) of this section. If the report contains a
description of any hazardous or unsafe conditions, the public 39,608
employer shall submit to the administrator DIRECTOR a plan that 39,609
describes how it intends to remedy, within a one-year period of 39,612
time, the hazardous or unsafe conditions.
Within thirty days after receipt of the plan from the 39,614
public employer, the administrator DIRECTOR may approve or 39,615
disapprove the plan as submitted. If the administrator DIRECTOR 39,618
approves the plan as submitted, the administrator DIRECTOR shall 39,620
grant the public employer an exemption from this chapter, except 39,623
as provided in division (K) of this section.
If the administrator DIRECTOR disapproves the plan, the 39,625
administrator DIRECTOR shall return it and the reasons for its 39,627
rejection to the public employer. The public employer may submit 39,628
a revised plan, which corrects the deficiencies for which the 39,629
original plan was rejected, within thirty days after receipt of 39,630
the disapproved plan from the administrator DIRECTOR. The 39,631
administrator DIRECTOR has thirty days after receipt of the 39,633
revised plan to review it, and if it remedies the administrator's 39,634
DIRECTOR'S objections, to approve it and grant the exemption. 39,635
The public employer shall be exempted from this chapter, except 39,637
as provided in division (K) of this section, if the administrator 39,638
DIRECTOR fails to act within the thirty-day period. 39,639
(F) Within ten working days after completing 39,641
implementation of the plan, the public employer shall certify to 39,642
the administrator DIRECTOR, by certified mail, return receipt 39,644
requested, that the hazardous or unsafe conditions have been
abated. 39,645
If a public employer fails to complete the plan within the 39,647
one-year period of time, the administrator DIRECTOR may do either 39,648
of the following: 39,649
(1) Terminate the exemption; 39,651
(2) Grant to the public employer a sixty-day extension to 39,653
894
the one-year period of time, provided that the administrator 39,654
DIRECTOR determines that the public employer is making 39,657
significant progress in completing implementation of the plan.
The administrator DIRECTOR shall terminate the exemption of 39,659
a public employer who does not complete implementation of the 39,662
plan within the sixty-day extension granted by the administrator 39,663
DIRECTOR under division (F)(2) of this section. 39,664
(G) The administrator DIRECTOR shall inspect a public 39,666
employer's place of employment immediately after either of the 39,669
following occur:
(1) A public employee of the public employer is killed due 39,672
to an incident that is related to the public employee's
employment; 39,673
(2) Three or more public employees of the public employer 39,675
are hospitalized due to an incident that is related to the public 39,677
employees' employment.
After reviewing the inspection report, the administrator 39,679
DIRECTOR may require the public employer to submit to the 39,681
administrator DIRECTOR, within a reasonable amount of time as 39,683
determined by the administrator DIRECTOR, a plan that describes 39,684
how the public employer intends to remedy any conditions 39,687
described in the report that the administrator DIRECTOR 39,688
determines need to be remedied. 39,689
Nothing in this division constitutes the granting of a new 39,691
exemption for purposes of determining the seven-year expiration 39,692
date pursuant to division (H) of this section. 39,694
(H) Except as provided in division (F), an exemption 39,696
granted pursuant to this section expires seven years after the 39,698
date of its issuance. A public employer may apply for a 39,699
subsequent exemption in the same manner provided in this section 39,700
for the grant of an original exemption.
(I) Each public employer granted an exemption under this 39,702
section shall request the superintendent of the division of 39,703
safety and hygiene in the bureau of workers' compensation to 39,704
895
conduct a safety inspection of the public employer's place of 39,705
employment two years after the date the public employer is 39,706
granted the exemption and every two years thereafter.
(J) Notwithstanding any other provision of this chapter, a 39,708
public employer who meets the requirements of division (A) of 39,709
this section and files an application that meets the requirements 39,710
of division (B) of this section is not subject to this chapter, 39,711
except section 4167.06 of the Revised Code and division (G) of 39,712
this section, after the date on which the public employer meets 39,713
the requirements of division (A) of this section and files an 39,714
application that meets the requirements of division (B) of this 39,715
section until the administrator DIRECTOR determines whether to 39,717
grant the exemption under this section.
(K) Nothing in this section limits, or shall be construed 39,720
as limiting, a public employee's rights as provided in section 39,721
4167.06 of the Revised Code. Nothing in this section limits, or 39,722
shall be construed as limiting, a public employer's right to 39,724
adopt reasonable safety rules and require a public employee's 39,725
compliance with those rules.
A public employer who is granted an exemption under this 39,727
section shall not be exempt from divisions (G), (H), and (I) of 39,728
this section. 39,729
Sec. 4303.292. (A) The division of liquor control may 39,738
refuse to issue, transfer the ownership of, or renew, and shall 39,739
refuse to transfer the location of any retail permit issued under 39,740
this chapter if it finds: 39,741
(1) That the applicant, any partner, member, officer, 39,743
director, or manager thereof, or any shareholder owning ten per 39,744
cent or more of its capital stock: 39,745
(a) Has been convicted at any time of a crime which 39,747
relates to fitness to operate a liquor establishment; 39,748
(b) Has operated liquor permit businesses in a manner that 39,751
demonstrates a disregard for the laws, regulations, or local
ordinances of this state or any other state; 39,752
896
(c) Has misrepresented a material fact in applying to the 39,754
division for a permit; 39,755
(d) Is in the habit of using alcoholic beverages or 39,757
dangerous drugs to excess, or is addicted to the use of 39,758
narcotics. 39,759
(2) That the place for which the permit is sought: 39,761
(a) Does not conform to the building, safety, or health 39,763
requirements of the governing body of the county or municipality 39,764
in which the place is located. As used in division (A)(2)(a) of 39,765
this section, "building, safety, or health requirements" does not 39,766
include local zoning ordinances. The validity of local zoning 39,767
regulations shall not be affected by this section. 39,768
(b) Is so constructed or arranged that law enforcement 39,770
officers and duly authorized agents of the division are prevented 39,772
from reasonable access to rooms within which beer or intoxicating 39,773
liquor is to be sold or consumed.
(c) Is so located with respect to the neighborhood that 39,775
substantial interference with public decency, sobriety, peace, or 39,776
good order would result from the issuance, renewal, transfer of 39,777
location, or transfer of ownership of the permit and operation 39,778
thereunder by the applicant. 39,779
(d) Has been declared a nuisance pursuant to Chapter 3767. 39,782
of the Revised Code since the time of the most recent issuance, 39,784
renewal, or transfer of ownership or location of the liquor 39,785
permit.
(B) The division of liquor control may refuse to issue or 39,788
transfer the ownership of, and shall refuse to transfer the
location of any retail permit issued under this chapter if it 39,789
finds: 39,790
(1) That the place for which the permit is sought is so 39,792
situated with respect to any school, church, library, public 39,793
playground, or hospital that the operation of the liquor 39,794
establishment will substantially and adversely affect or 39,795
interfere with the normal, orderly conduct of the affairs of 39,796
897
those facilities or institutions. 39,797
(2) That the number of permits already existent in the 39,799
neighborhood is such that the issuance or transfer of location of 39,800
a permit would be detrimental to and substantially interfere with 39,801
the morals, safety, or welfare of the public, and, in reaching a 39,802
conclusion in this respect, the division shall consider, in light 39,805
of the purposes of Chapters 4301., 4303., and 4399. of the
Revised Code, the character and population of the neighborhood, 39,806
the number and location of similar permits in the neighborhood, 39,807
the number and location of all other permits in the neighborhood, 39,808
and the effect the issuance or transfer of location of a permit 39,809
would have on the neighborhood. 39,810
(C) The division of liquor control shall not transfer the 39,814
location or transfer the ownership and location of a permit under 39,815
division (B)(3)(b) of section 4303.29 of the Revised Code unless 39,816
the permit is transferred to an economic development project. 39,817
(D) The division of liquor control shall refuse to issue, 39,820
renew, transfer the ownership of, or transfer the location of a
retail permit under this chapter if the applicant is or has been 39,821
convicted of a violation of division (C)(1) of section 2913.46 of 39,822
the Revised Code. 39,823
(E) The division of liquor control shall refuse to 39,825
transfer the ownership of or transfer the location of a retail 39,826
permit under this chapter while criminal proceedings are pending 39,827
against the holder of the permit for a violation of division 39,828
(C)(1) of section 2913.46 of the Revised Code. The department of 39,830
human JOB AND FAMILY services shall notify the division of liquor 39,831
control whenever criminal proceedings have commenced for a 39,832
violation of division (C)(1) of section 2913.46 of the Revised 39,833
Code.
(F) The division shall refuse to issue, renew, or transfer 39,836
the ownership or location of a retail permit under this chapter 39,837
if the applicant has been found to be maintaining a nuisance 39,838
under section 3767.05 of the Revised Code at the premises for 39,839
898
which the issuance, renewal, or transfer of ownership or location 39,841
of the retail permit is sought.
Sec. 4582.37. No port authority shall enter into any 39,850
contract for the creation, construction, alteration, or repair of 39,851
any port authority facility and no loan agreement for the 39,852
borrowing of funds for any such port authority facility 39,853
undertaken by a port authority shall be executed unless laborers 39,854
and mechanics employed on the facility are paid at the prevailing 39,855
rates of wages of laborers and mechanics for the class of work 39,856
called for by the facility, which wages shall be determined in 39,857
accordance with the requirements of Chapter 4115. of the Revised 39,858
Code for determination of prevailing wage rates, provided that 39,859
the requirements of this section do not apply where the federal 39,860
government or any of its agencies furnishes by loan or grant all 39,861
or any part of the funds used in connection with the facility and 39,862
prescribes predetermined minimum wages to be paid to such 39,863
laborers and mechanics; and provided further that should a 39,865
nonpublic user beneficiary of the facility undertake construction 39,866
to be performed by its regular bargaining unit employees who are 39,867
covered under a collective bargaining agreement which was in 39,868
existence prior to the commitment instrument undertaking a loan 39,869
or grant of funds then, in that event, the rate of pay provided 39,870
under the collective bargaining agreement may be paid to such 39,871
employees.
Except as provided in this section, construction on any 39,873
port authority facility to which this section applies is hereby 39,874
deemed to be construction of a public improvement within section 39,875
4115.03 of the Revised Code. All contractors and subcontractors 39,876
working on such projects, facilities, or port authority 39,877
facilities shall be subject to and comply with sections 4115.03 39,878
to 4115.16 of the Revised Code, and the bureau DIRECTOR of 39,879
employment services COMMERCE shall, and any interested party may, 39,881
bring proceedings under such sections to enforce compliance. The 39,882
bureau DIRECTOR shall make the determination of wages as required 39,883
899
under this section and shall designate one of its THE DIRECTOR'S 39,884
employees to act as the prevailing wage coordinator under section 39,885
4115.071 of the Revised Code for any project, facility, or port 39,887
authority facility for which a coordinator has not been 39,888
designated by any port authority.
Sec. 4731.71. The auditor of state may implement 39,897
procedures to detect violations of section 4731.66 or 4731.69 of 39,898
the Revised Code within governmental health care programs 39,899
administered by the state. The auditor of state shall report any 39,900
violation of either section to the state medical board and shall 39,901
certify to the attorney general in accordance with section 131.02
of the Revised Code the amount of any refund owed to a 39,902
state-administered governmental health care program under section 39,903
4731.69 of the Revised Code as a result of a violation. If a 39,904
refund is owed to the medical assistance program established 39,905
under Chapter 5111. of the Revised Code or the disability
assistance medical assistance program established under Chapter 39,906
5115. of the Revised Code, the auditor of state also shall report 39,908
the amount to the department of human services COMMERCE.
The state medical board also may implement procedures to 39,910
detect violations of section 4731.66 or 4731.69 of the Revised 39,911
Code.
Sec. 5101.03. The assistant directors of the department of 39,922
human JOB AND FAMILY services shall exercise the powers and 39,924
perform the duties which the director of human JOB AND FAMILY 39,925
services may order. The director is authorized to designate 39,927
which assistant director shall act as director in the absence or
disability of the director or in case of a vacancy in the 39,928
position of director. 39,929
Sec. 5101.071. (A) Not later than ninety days after the 39,938
effective date of this section, the director of human JOB AND 39,939
FAMILY services shall develop and provide a training program to 39,941
assist caseworkers in county departments of human JOB AND FAMILY 39,942
services and public children services agencies in understanding 39,943
900
the dynamics of domestic violence and the relationship domestic 39,944
violence has to child abuse. The program shall be coordinated 39,945
with other department OF JOB AND FAMILY SERVICES programs 39,946
regarding family violence.
(B) Not later than ninety days after the effective date of 39,948
this section, the director of human JOB AND FAMILY services shall 39,949
adopt rules in accordance with section 111.15 of the Revised Code 39,951
establishing policies for dealing with domestic violence and the 39,952
victims of domestic violence. The rules shall include all of the
following: 39,953
(1) A rule designating types and categories of employees 39,955
of county departments of human JOB AND FAMILY services and 39,956
employees of public children services agencies to receive 39,959
training in the handling of domestic violence cases and a policy 39,960
for the training of the designated types and categories of 39,961
employees in the handling of those cases.
(2) Guidelines directing how county departments of human 39,963
JOB AND FAMILY services and county children services boards shall 39,965
respond to identified domestic violence problems and to the needs 39,966
of children directly or indirectly involved in situations 39,967
involving domestic violence.
(C) Each county department of human JOB AND FAMILY 39,969
services and each public children services agency shall require 39,972
its employees to complete the training described in divisions (A) 39,974
and (B) of this section in accordance with the rules adopted by 39,975
the director of human JOB AND FAMILY services pursuant to
division (B) of this section. 39,976
Sec. 5101.072. The department of human JOB AND FAMILY 39,985
services shall collaborate with county departments of human JOB 39,987
AND FAMILY services to develop training for appropriate employees 39,989
of the county departments regarding the provisions of Sub. H.B. 39,990
408 of the 122nd general assembly, and of Sub. H.B. 167 of the 39,991
121st general assembly that have not been superseded by Sub. H.B. 39,992
408 of the 122nd general assembly, that impose duties on county 39,994
901
departments of human JOB AND FAMILY services. After the training 39,996
is developed, the department shall collaborate with the county
departments on providing the training. 39,997
Sec. 5101.11. This section does not apply to contracts 40,006
entered into under section 5111.022 of the Revised Code. 40,007
(A) As used in this section: 40,009
(1) "Entity" includes an agency, board, commission, or 40,011
department of the state or a political subdivision of the state; 40,012
a private, nonprofit entity; a school district; a private school; 40,013
or a public or private institution of higher education. 40,014
(2) "Federal financial participation" means the federal 40,016
government's share of expenditures made by an entity in 40,017
implementing a program administered by the department of human 40,018
JOB AND FAMILY services.
(B) At the request of any public entity having authority 40,020
to implement a program administered by the department of human 40,021
JOB AND FAMILY services or any private entity under contract with
a public entity to implement a program administered by the 40,022
department, the department may seek to obtain federal financial 40,023
participation for costs incurred by the entity. Federal 40,024
financial participation may be sought from programs operated 40,025
pursuant to Title IV-A, Title IV-E, and Title XIX of the "Social 40,026
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended; 40,027
the "Food Stamp Act of 1964," 78 Stat. 703, 7 U.S.C. 2011, as 40,028
amended; and any other statute or regulation under which federal 40,029
financial participation may be available, except that federal 40,030
financial participation may be sought only for expenditures made 40,031
with funds for which federal financial participation is available 40,032
under federal law.
(C) All funds collected by the department of human JOB AND 40,034
FAMILY services pursuant to division (B) of this section shall be
distributed to the entities that incurred the costs, except for 40,035
any amounts retained by the department pursuant to division 40,036
(D)(3) of this section. 40,037
902
(D) In distributing federal financial participation 40,039
pursuant to this section, the department may either enter into an 40,040
agreement with the entity that is to receive the funds or 40,041
distribute the funds in accordance with rules adopted under 40,042
division (F) of this section. If the department decides to enter 40,043
into an agreement to distribute the funds, the agreement may 40,044
include terms that do any of the following: 40,045
(1) Provide for the whole or partial reimbursement of any 40,047
cost incurred by the entity in implementing the program; 40,048
(2) In the event that federal financial participation is 40,050
disallowed or otherwise unavailable for any expenditure, require 40,051
the department of human JOB AND FAMILY services or the entity, 40,052
whichever party caused the disallowance or unavailability of 40,053
federal financial participation, to assume responsibility for the 40,054
expenditures;
(3) Permit the department to retain not more than five per 40,056
cent of the amount of the federal financial participation to be 40,057
distributed to the entity; 40,058
(4) Require the public entity to certify the availability 40,060
of sufficient unencumbered funds to match the federal financial 40,061
participation it receives under this section; 40,062
(5) Establish the length of the agreement, which may be 40,064
for a fixed or a continuing period of time; 40,065
(6) Establish any other requirements determined by the 40,067
department to be necessary for the efficient administration of 40,068
the agreement. 40,069
(E) An entity that receives federal financial 40,071
participation pursuant to this section for a program aiding 40,072
children and their families shall establish a process for 40,073
collaborative planning with the department of human JOB AND 40,074
FAMILY services for the use of the funds to improve and expand 40,075
the program.
(F) The department DIRECTOR OF JOB AND FAMILY SERVICES 40,077
shall adopt rules as necessary to implement this section, 40,079
903
including rules for the distribution of federal financial 40,080
participation pursuant to this section. The rules shall be 40,081
adopted in accordance with Chapter 119. of the Revised Code. The 40,082
department DIRECTOR may adopt or amend any statewide plan 40,083
required by the federal government for a program administered by 40,084
the department, as necessary to implement this section. 40,085
(G) Federal financial participation received pursuant to 40,087
this section shall not be included in any calculation made under 40,088
section 5101.16 or 5101.161 of the Revised Code. 40,089
Sec. 5101.111. The Foundation Grant Fund FOUNDATION GRANT 40,099
FUND is hereby created in the state treasury. Money the 40,100
Department DEPARTMENT of Human Services JOB AND FAMILY SERVICES 40,101
receives from private foundations in support of pilot projects 40,102
that promote exemplary programs for enhancing the health, safety, 40,103
and well-being of children and families shall be credited to the 40,104
fund. The Department DEPARTMENT may expend the money on such 40,105
projects, may use the money, to the extent allowable, to match 40,106
federal funds in support of such projects, and shall comply with 40,107
requirements the foundations have stipulated in their agreements 40,108
with the Department DEPARTMENT as to the purposes for which the 40,109
money may be expended. 40,110
Sec. 5101.14. (A) Within available funds, the department 40,123
of human JOB AND FAMILY services shall make payments to the 40,124
counties within thirty days after the beginning of each calendar 40,125
quarter for a part of their costs for services to children 40,126
performed pursuant to Chapter 5153. of the Revised Code. 40,127
Funds provided to the county under this section shall be 40,129
deposited into the children services fund created pursuant to 40,131
section 5101.144 of the Revised Code.
(B)(1) The funds distributed under this section shall be 40,133
used for the following: 40,134
(a) Home-based services to children and families; 40,136
(b) Protective services to children; 40,138
(c) To find, develop, and approve adoptive homes; 40,140
904
(d) Short-term, out-of-home care and treatment for 40,142
children;
(e) Costs for the care of a child who resides with a 40,145
caretaker relative, other than the child's parent, and is in the 40,146
legal custody of a public children services agency pursuant to a 40,147
voluntary temporary custody agreement entered into under division 40,148
(A) of section 5103.15 of the Revised Code or in the legal 40,150
custody of a public children services agency or the caretaker 40,151
relative pursuant to an allegation or adjudication of abuse, 40,152
neglect, or dependency made under Chapter 2151. of the Revised 40,154
Code; 40,155
(f) Other services a public children services agency 40,158
considers necessary to protect children from abuse, neglect, or 40,159
dependency.
(2) No funds distributed under this section shall be used 40,162
for the costs of maintaining a child in a children's home owned 40,163
and operated by the county. 40,164
(C) In each fiscal year, the amount of funds available for 40,166
distribution under this section shall be allocated to counties as 40,168
follows:
(1) If the amount is less than the amount initially 40,170
appropriated for the immediately preceding fiscal year, each 40,171
county shall receive an amount equal to the percentage of the 40,172
funding it received in the immediately preceding fiscal year, 40,173
exclusive of any releases from or additions to the allocation or 40,174
any sanctions imposed under this section; 40,175
(2) If the amount is equal to the amount initially 40,177
appropriated for the immediately preceding fiscal year, each 40,178
county shall receive an amount equal to the amount it received in 40,180
the preceding fiscal year, exclusive of any releases from or
additions to the allocation or any sanctions imposed under this 40,181
section; 40,182
(3) If the amount is greater than the amount initially 40,184
appropriated for the immediately preceding fiscal year, each 40,185
905
county shall receive the amount determined under division (C)(2) 40,187
of this section as a base allocation, plus a percentage of the 40,188
amount that exceeds the amount initially appropriated for the 40,189
immediately preceding fiscal year. The amount exceeding the 40,190
amount initially appropriated in the immediately preceding fiscal 40,191
year shall be allocated to the counties as follows: 40,192
(a) Twelve per cent divided equally among all counties; 40,194
(b) Forty-eight per cent in the ratio that the number of 40,196
residents of the county under the age of eighteen bears to the 40,198
total number of such persons residing in this state; 40,199
(c) Forty per cent in the ratio that the number of 40,201
residents of the county with incomes under the federal poverty 40,202
guideline bears to the total number of such persons in this 40,204
state.
As used in division (C)(3)(c) of this section, "federal 40,207
poverty guideline" means the poverty guideline as defined by the 40,209
United States office of management and budget and revised by the 40,210
United States secretary of health and human services in 40,211
accordance with section 673 of the "Community Services Block 40,212
Grant Act," 95 Stat. 511 (1981), 42 U.S.C.A. 9902, as amended. 40,213
(D)(C) The department DIRECTOR OF JOB AND FAMILY SERVICES 40,216
may adopt rules as necessary for the allocation of funds under
this section. The rules shall be adopted in accordance with 40,218
section 111.15 of the Revised Code. 40,219
(E)(D)(1) As used in this division, "services to children" 40,221
includes only children's protective services, home-based services 40,222
to children and families, family foster home services, 40,223
residential treatment services, adoptive services, and 40,224
independent living services. 40,225
(2) Except as otherwise provided in this section, the 40,227
allocation of funds for a fiscal year to a county under this 40,228
section shall be reduced by the department if in the preceding 40,229
calendar year the total amount expended for services to children 40,230
from local funds and funds distributed to the county under 40,231
906
section 5101.46 of the Revised Code was less than the total 40,232
expended from those sources in the second preceding calendar 40,233
year. The reduction shall be equal to the difference between the 40,234
total expended in the preceding calendar year and the total 40,235
expended in the second preceding calendar year. 40,236
The determination of whether the amount expended for 40,238
services to children was less in the preceding calendar year than 40,239
in the second preceding calendar year shall not include a 40,240
difference due to any of the following factors to the extent that 40,241
the difference does not exceed the amount attributable to that 40,242
factor: 40,243
(a) An across-the-board reduction in the county budget as 40,245
a whole; 40,246
(b) A reduced or failed levy specifically earmarked for 40,248
children services; 40,249
(c) A reduced allocation of funds to the county under 40,251
section 5101.24 of the Revised Code; 40,252
(d) The closure of, or a reduction in the operating 40,254
capacity of, a children's home owned and operated by the county. 40,255
(3) Funds withheld under this division may be reallocated 40,257
by the department to other counties. The department may grant 40,258
whole or partial waivers of the provisions of this division. 40,259
(E) public agency 40,261
(F) Children who are in the temporary or permanent custody 40,263
of a certified public or private nonprofit agency or institution, 40,264
or who are in adoptions subsidized under division (B) of section 40,265
5153.163 of the Revised Code are eligible for medical assistance 40,266
through the medical assistance program established under section 40,267
5111.01 of the Revised Code. 40,268
(G) Within ninety days after the end of each fiscal year, 40,270
each county shall return any unspent funds to the department. 40,271
(H) The department shall prepare an annual report 40,273
detailing on a county-by-county basis the services provided with 40,274
funds distributed under this section. The report shall be 40,275
907
submitted to the general assembly by the thirtieth day of 40,276
September each year and also shall be made available to the 40,277
public. 40,278
(I) In accordance with Chapter 119. of the Revised Code, 40,280
the director shall adopt, and may amend and rescind, rules 40,281
prescribing reports on expenditures to be submitted by the 40,282
counties as necessary for the implementation of this section. 40,283
Sec. 5101.141. (A) The department of human JOB AND FAMILY 40,292
services shall act as the single state agency to administer 40,293
federal payments for foster care and adoption assistance made 40,294
pursuant to Title IV-E of the "Social Security Act," 94 Stat. 40,295
501, 42 U.S.C.A. 670 (1980), as amended, and. THE DIRECTOR OF 40,296
JOB AND FAMILY SERVICES shall adopt rules to implement this 40,297
authority. Internal management rules governing financial and 40,298
administrative requirements applicable to public children 40,299
services agencies shall be adopted in accordance with section 40,300
111.15 of the Revised Code. Rules establishing eligibility, 40,303
program participation, and other requirements shall be adopted in 40,304
accordance with Chapter 119. of the Revised Code. A public
children services agency to which the department distributes 40,305
Title IV-E funds shall administer the funds in accordance with 40,307
those rules. 40,308
(B)(1) The county, on behalf of each child eligible for 40,311
foster care maintenance payments under Title IV-E of the "Social 40,312
Security Act," shall make payments to cover the cost of providing 40,313
all of the following:
(a) The child's food, clothing, shelter, daily 40,315
supervision, and school supplies; 40,316
(b) The child's personal incidentals; 40,318
(c) Reasonable travel to the child's home for visitation. 40,320
(2) In addition to payments made under division (B)(1) of 40,322
this section, the county may, on behalf of each child eligible 40,323
for foster care maintenance payments under Title IV-E of the 40,327
"Social Security Act," make payments to cover the cost of 40,330
908
providing the following:
(a) Liability insurance with respect to the child; 40,333
(b) If the county is participating in the demonstration 40,336
project established under division (A) of section 5101.142 of the 40,337
Revised Code, services provided under the project. 40,338
(3) With respect to a child who is in a child-care 40,340
institution, including any type of group home designed for the 40,341
care of children or any privately operated program consisting of 40,342
two or more family foster homes operated by a common 40,343
administrative unit, the foster care maintenance payments made by 40,344
the county on behalf of the child shall include the reasonable 40,345
cost of the administration and operation of the institution, 40,346
group home, or program, as necessary to provide the items 40,347
described in division (B)(1) and (2) of this section. 40,348
(C) To the extent that either foster care maintenance 40,350
payments under division (B) of this section or Title IV-E 40,351
adoption assistance payments for maintenance costs require the 40,352
expenditure of county funds, the board of county commissioners 40,353
shall report the nature and amount of each expenditure of county 40,354
funds to the department. 40,355
(D) The department shall distribute to public children 40,358
services agencies that incur and report such expenditures federal 40,359
financial participation received for administrative and training 40,360
costs incurred in the operation of foster care maintenance and 40,361
adoption assistance programs. The department may withhold not 40,362
more than two per cent of the federal financial participation 40,363
received. The funds withheld shall be in addition to any 40,364
administration and training cost for which the department is 40,365
reimbursed through its own cost allocation plan. 40,366
(E) All federal funds received by a county pursuant to 40,368
this section shall be deposited into the county's children 40,369
services fund created pursuant to section 5101.144 of the Revised 40,371
Code.
(F) The department shall periodically publish and 40,374
909
distribute the maximum amounts that the department will reimburse 40,375
public children services agencies for making payments on behalf 40,376
of children eligible for foster care maintenance payments.
(G) The department, by and through its director, is hereby 40,378
authorized to develop, participate in the development of, 40,379
negotiate, and enter into one or more interstate compacts on 40,380
behalf of this state with agencies of any other states, for the 40,381
provision of medical assistance and other social services to 40,382
children in relation to whom all of the following apply:
(1) They have special needs. 40,384
(2) This state or another state that is a party to the 40,386
interstate compact is providing adoption assistance on their 40,387
behalf.
(3) They move into this state from another state or move 40,389
out of this state to another state. 40,390
Sec. 5101.142. (A) The department OF JOB AND FAMILY 40,400
SERVICES may apply to the United States secretary of health and 40,402
human services for a waiver of requirements established under 40,403
Title IV-E of the "Social Security Act," 94 Stat. 501, 42 40,405
U.S.C.A. 670 (1980), or regulations adopted thereunder, to 40,407
conduct a demonstration project expanding eligibility for and 40,408
services provided under Title IV-E. The department may enter 40,410
into agreements with the secretary necessary to implement the 40,411
demonstration project, including agreements establishing the 40,412
terms and conditions of the waiver authorizing the project. If a 40,413
demonstration project is to be established, the department of 40,414
human services shall do all of the following: 40,415
(1) Adopt HAVE THE DIRECTOR OF JOB AND FAMILY SERVICES 40,417
ADOPT rules in accordance with Chapter 119. of the Revised Code 40,419
governing the project. The rules shall be consistent with the 40,420
agreements the department enters into with the secretary. 40,421
(2) Enter into agreements with public children services 40,424
agencies that the department selects for participation in the 40,425
project. The department shall not select an agency that objects 40,426
910
to participation or refuses to be bound by the terms and 40,427
conditions of the project. 40,428
(3) Contract with persons or governmental agencies 40,431
providing services under the project; 40,432
(4) Amend the state plan required by section 471 of the 40,435
"Social Security Act," 42 U.S.C.A. 671, as amended, as needed to 40,440
implement the project;
(5) Conduct ongoing evaluations of the project; 40,443
(6) Perform other administrative and operational 40,446
activities required by the agreement with the secretary. 40,447
(B) The department may apply to the United States 40,450
secretary of health and human services for a waiver of the 40,451
requirements established under Title IV-B of the "Social Security 40,453
Act of 1967," 81 Stat. 821, 42 U.S.C.A. 620 or regulations 40,455
adopted thereunder and established under any other federal law or 40,456
regulations that affect the children services functions
prescribed by Chapter 5153. of the Revised Code, to conduct 40,459
demonstration projects or otherwise improve the effectiveness and
efficiency of the children services function. 40,460
Sec. 5101.143. (A) As used in this section, "private 40,470
agency" means a private child placing agency or private 40,473
noncustodial agency.
(B) A government entity or private agency may submit to 40,476
the department of human JOB AND FAMILY services a request that
the department determine what portion of an amount the government 40,477
entity or private agency charges for foster care maintenance for 40,478
a child eligible for foster care maintenance payments under Title 40,480
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. 40,482
(C) As used in this division and division (D) of this 40,486
section, "government entity" means any government entity other 40,487
than a public children services agency.
Subject to initial and continued approval by the United 40,489
States department of health and human services, the department of 40,491
911
human JOB AND FAMILY services shall levy a special assessment on 40,493
each private agency or government entity seeking a rate 40,494
determination under division (B) of this section. The amount of 40,495
the special assessment shall be the greater of three hundred 40,497
dollars or fifteen cents times the number of days the private 40,498
agency or government entity provided or arranged foster care in 40,499
the preceding calendar year to or for each child the agency or 40,500
entity provided or arranged foster care. The department shall 40,501
not perform a rate determination under division (B) of this 40,503
section for a private agency or government entity that fails to 40,504
pay the special assessment.
The department shall deposit all amounts collected under 40,506
this division into the child welfare training fund, which is 40,508
hereby created in the state treasury. The department shall use 40,510
money in the fund only to secure federal matching funds under 40,511
Title IV-E to help defray costs private agencies and government 40,514
entities incur in training staff and foster care parents and that 40,516
the department determines are allowable and reasonable costs and 40,517
to make payments to private and government entities to assist
with those costs. 40,518
The department shall determine the amount of payments it 40,520
will make to private agencies and government entities under this 40,521
division. The department may require a private agency or 40,523
government entity that receives a payment under this division to 40,525
pay or help pay the cost of an adverse audit finding that the 40,526
agency or entity causes or to which the agency or entity 40,527
contributes. The department may require all private agencies and 40,529
government entities that receive a payment under this division to 40,530
share in the cost of an adverse audit finding that a private 40,532
agency or government entity no longer in existence caused or 40,533
contributed to.
(D) The department DIRECTOR of human JOB AND FAMILY 40,536
services shall adopt rules in accordance with Chapter 119. of the 40,537
Revised Code to implement this section. The rules shall include 40,538
912
all of the following: 40,539
(1) Procedures for a private agency or government entity 40,541
to pay the special assessment required by division (C) of this 40,543
section and to request a payment from the department to help 40,544
defray the cost of training staff and foster parents; 40,545
(2) Criteria for the department to determine whether 40,547
training costs are allowable and reasonable; 40,548
(3) Any other requirements the department determines to be 40,551
necessary to implement this section.
Sec. 5101.15. Within available funds the department of 40,560
human JOB AND FAMILY services may reimburse counties in 40,561
accordance with this section for a portion of the salaries paid 40,562
to child welfare workers employed under section 5153.12 of the 40,563
Revised Code. No county with a population of eighty thousand or 40,564
less, according to the latest census accepted by the department 40,565
as official, shall be entitled to reimbursement on the salaries 40,566
of more than two child welfare workers, and no county with a 40,567
population of more than eighty thousand, according to such 40,568
census, shall be entitled to reimbursement on the salaries of 40,569
more than two child welfare workers plus one additional child 40,570
welfare worker for each one hundred thousand of population in 40,571
excess of eighty thousand.
The maximum reimbursement to which a county may be entitled 40,573
on any child welfare worker shall be as follows: 40,574
(A) Twenty-seven hundred dollars a year for a child 40,576
welfare worker who is a graduate of an accredited high school, 40,577
college, or university; 40,578
(B) Thirty-three hundred dollars a year for a child 40,580
welfare worker who has one year or more of graduate training in 40,581
social work or a field which the department finds to be related 40,582
to social work; 40,583
(C) Thirty-nine hundred dollars a year for a child welfare 40,585
worker who has completed two years of social work training. 40,586
The salary of the executive director, designated in 40,588
913
accordance with section 5153.10 of the Revised Code, shall be 40,589
subject to reimbursement under this section, provided that the 40,590
executive director qualifies under division (A), (B), or (C) of 40,591
this section. No funds shall be allocated under this section 40,592
until the director of human JOB AND FAMILY services has approved 40,594
a plan of child welfare services for the county submitted by the 40,595
public children services agency. 40,596
Sec. 5101.16. (A) As used in this section and sections 40,605
5101.161 and 5101.162 of the Revised Code: 40,606
(1) "Disability assistance" means financial and medical 40,608
assistance provided under Chapter 5115. of the Revised Code. 40,609
(2) "Food stamps" means the program administered by the 40,611
department of human JOB AND FAMILY services pursuant to section 40,613
5101.54 of the Revised Code. 40,614
(3) "Medicaid" means the medical assistance program 40,616
established by Chapter 5111. of the Revised Code, excluding 40,619
transportation services provided under that chapter. 40,620
(4) "Ohio works first" means the program established by 40,622
Chapter 5107. of the Revised Code. 40,623
(5) "Prevention, retention, and contingency" means the 40,625
program established by Chapter 5108. of the Revised Code. 40,627
(6) "Public assistance expenditures" means expenditures 40,629
for all of the following: 40,630
(a) Ohio works first; 40,632
(b) County administration of Ohio works first; 40,635
(c) Prevention, retention, and contingency; 40,637
(d) County administration of prevention, retention, and 40,639
contingency; 40,640
(e) Disability assistance; 40,642
(f) County administration of disability assistance; 40,644
(g) County administration of food stamps; 40,646
(h) County administration of medicaid. 40,648
(B) Each board of county commissioners shall pay the 40,650
county share of public assistance expenditures in accordance with 40,654
914
section 5101.161 of the Revised Code. Except as provided in 40,655
division (C) of this section, a county's share of public 40,658
assistance expenditures is the sum of all of the following for 40,660
state fiscal year 1998 and each state fiscal year thereafter: 40,661
(1) The amount that is twenty-five per cent of the 40,663
county's total expenditures for disability assistance and county 40,666
administration of disability assistance during the state fiscal 40,667
year ending in the previous calendar year that the department of 40,669
human JOB AND FAMILY services determines are allowable. 40,671
(2) The amount that is ten per cent, or other percentage 40,675
determined under division (D) of this section, of the county's 40,676
total expenditures for county administration of food stamps and 40,677
medicaid during the state fiscal year ending in the previous 40,680
calendar year that the department determines are allowable, less 40,681
the amount of federal reimbursement credited to the county under 40,683
division (E) of this section for the state fiscal year ending in 40,684
the previous calendar year;
(3)(a) Except as provided in division (B)(3)(b) of this 40,687
section, the actual amount, as determined by the department of 40,688
human JOB AND FAMILY services from expenditure reports submitted 40,690
to the United States department of health and human services, of 40,691
the county share of program and administrative expenditures 40,692
during federal fiscal year 1994 for assistance and services, 40,693
other than child day-care, provided under Titles IV-A and IV-F of 40,694
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as 40,696
those titles existed prior to the enactment of the "Personal 40,697
Responsibility and Work Opportunity Reconciliation Act of 1996," 40,699
110 Stat. 2105. 40,700
(b) For state fiscal years 2000 and 2001, seventy-seven 40,703
per cent of the amount determined under division (B)(3)(a) of 40,705
this section.
(C)(1) If a county's share of public assistance 40,707
expenditures determined under division (B) of this section for a 40,709
state fiscal year exceeds one hundred ten per cent of the 40,710
915
county's share for those expenditures for the immediately 40,711
preceding state fiscal year, the department of human JOB AND 40,712
FAMILY services shall reduce the county's share for expenditures
under divisions (B)(1) and (2) of this section so that the total 40,714
of the county's share for expenditures under division (B) of this 40,715
section equals one hundred ten per cent of the county's share of 40,716
those expenditures for the immediately preceding state fiscal 40,717
year.
(2) A county's share of public assistance expenditures 40,719
determined under division (B) of this section may be increased 40,720
pursuant to a sanction under section 5101.24 of the Revised Code. 40,722
(D)(1) If the per capita tax duplicate of a county is less 40,725
than the per capita tax duplicate of the state as a whole and 40,726
division (D)(2) of this section does not apply to the county, the 40,728
percentage to be used for the purpose of division (B)(2) of this 40,730
section is the product of ten multiplied by a fraction of which 40,732
the numerator is the per capita tax duplicate of the county and 40,733
the denominator is the per capita tax duplicate of the state as a 40,734
whole. The department of human JOB AND FAMILY services shall 40,735
compute the per capita tax duplicate for the state and for each 40,736
county by dividing the tax duplicate for the most recent 40,737
available year by the current estimate of population prepared by 40,738
the department of development. 40,739
(2) If the percentage of families in a county with an 40,741
annual income of less than three thousand dollars is greater than 40,742
the percentage of such families in the state and division (D)(1) 40,744
of this section does not apply to the county, the percentage to 40,745
be used for the purpose of division (B)(2) of this section is the 40,746
product of ten multiplied by a fraction of which the numerator is 40,748
the percentage of families in the state with an annual income of 40,749
less than three thousand dollars a year and the denominator is 40,750
the percentage of such families in the county. The department of 40,751
human JOB AND FAMILY services shall compute the percentage of 40,752
families with an annual income of less than three thousand
916
dollars for the state and for each county by multiplying the most 40,755
recent estimate of such families published by the department of 40,756
development, by a fraction, the numerator of which is the 40,757
estimate of average annual personal income published by the 40,758
bureau of economic analysis of the United States department of 40,759
commerce for the year on which the census estimate is based and 40,760
the denominator of which is the most recent such estimate 40,761
published by the bureau.
(3) If the per capita tax duplicate of a county is less 40,764
than the per capita tax duplicate of the state as a whole and the 40,765
percentage of families in the county with an annual income of
less than three thousand dollars is greater than the percentage 40,766
of such families in the state, the percentage to be used for the 40,768
purpose of division (B)(2) of this section shall be determined as 40,769
follows: 40,770
(a) Multiply ten by the fraction determined under division 40,774
(D)(1) of this section;
(b) Multiply the product determined under division 40,777
(D)(3)(a) of this section by the fraction determined under 40,779
division (D)(2) of this section. 40,780
(4) The department of human JOB AND FAMILY services shall 40,782
determine, for each county, the percentage to be used for the 40,785
purpose of division (B)(2) of this section not later than the 40,786
first day of July of the year preceding the state fiscal year for 40,788
which the percentage is used.
(E) The department of human JOB AND FAMILY services shall 40,790
credit to a county the amount of federal reimbursement the 40,792
department receives from the United States departments of 40,794
agriculture and health and human services for the county's 40,796
expenditures for administration of food stamps and medicaid that 40,797
the department determines are allowable administrative 40,798
expenditures. 40,799
(F) The department DIRECTOR of human JOB AND FAMILY 40,802
services shall adopt rules in accordance with section 111.15 of 40,804
917
the Revised Code to establish all of the following: 40,806
(1) The method the department is to use to change a 40,810
county's share of public assistance expenditures determined under 40,812
division (B) of this section as provided in division (C) of this 40,813
section; 40,814
(2) The allocation methodology and formula the department 40,816
will use to determine the amount of funds to credit to a county 40,817
under this section; 40,818
(3) The method the department will use to change the 40,820
payment of the county share of public assistance expenditures 40,821
from a calendar-year basis to a state fiscal year basis; 40,822
(4) Other procedures and requirements necessary to 40,824
implement this section. 40,825
Sec. 5101.161. Prior to the sixteenth day of May annually, 40,836
the department of human JOB AND FAMILY services shall certify to 40,837
the board of county commissioners of each county the amount 40,838
estimated by the department to be needed in the following state 40,839
fiscal year to meet the county share, as determined under 40,841
division (B) of section 5101.16 of the Revised Code, of public 40,842
assistance expenditures. Each January, the board shall 40,844
appropriate the amount certified by the department and an 40,845
additional five per cent of that amount. Each June, the board 40,846
may reappropriate, for any purpose the board determines to be 40,847
appropriate, the amount appropriated in January that exceeds the 40,848
total of the amount certified by the department for the last six
months of the current state fiscal year and the first six months 40,849
of the following state fiscal year. 40,850
Before the fifteenth day of each payment period the 40,853
department establishes by rule, the department shall pay a county 40,856
the estimated state and federal share of the county's public 40,857
assistance expenditures for that payment period increased or 40,860
decreased by the amount the department underpaid or overpaid the 40,862
county for the most recent payment period that the department 40,864
knows an underpayment or overpayment was made. 40,865
918
If the department establishes a maximum amount that it will 40,867
reimburse a county for public assistance expenditures and a 40,869
county spends more for such an expenditure than is reimbursable, 40,870
the department shall not pay the county a state or, except as 40,871
provided in section 5101.162 of the Revised Code, a federal share 40,872
for the amount of the expenditure that exceeds the maximum 40,873
allowable reimbursement amount. County expenditures that exceed 40,874
the maximum allowable reimbursement amount shall not be credited 40,875
to a county's share of public assistance expenditures under 40,876
section 5101.16 of the Revised Code. The department also shall 40,877
not pay a county a state or, except as provided in section 40,878
5101.162 of the Revised Code, a federal share for an 40,879
administrative expenditure that is not allowed by the department. 40,881
A county shall deposit all funds appropriated by a board of 40,883
county commissioners and received from the department under this 40,886
section in a special fund in the county treasury known as the 40,887
public assistance fund. A county shall make payments for public 40,889
assistance expenditures from the public assistance fund. 40,890
The attorney general shall bring mandamus proceedings in 40,892
the Franklin county court of appeals against any board of county 40,893
commissioners that fails to make appropriations or deposits into 40,895
the public assistance fund required by this section. 40,896
The department DIRECTOR OF JOB AND FAMILY SERVICES shall 40,898
adopt internal management rules in accordance with section 111.15 40,900
of the Revised Code to do all of the following: 40,902
(A) Establish the method by which the department is to 40,905
make payments to counties under this section;
(B) Establish procedures for payment by counties of the 40,908
county share of public assistance expenditures;
(C) Establish payment periods for paying a county its 40,910
estimated state and federal share of public assistance 40,911
expenditures; 40,912
(D) Allow county departments of human JOB AND FAMILY 40,914
services to use the public assistance fund for other purposes and 40,916
919
programs similar to the purposes and programs specified in this 40,917
section.
The department DIRECTOR may adopt internal management rules 40,919
in accordance with section 111.15 of the Revised Code to 40,920
establish a maximum amount that it will reimburse a county for 40,921
public assistance expenditures. 40,922
Sec. 5101.162. The department of human JOB AND FAMILY 40,931
services may use available federal funds to reimburse county 40,932
expenditures for county administration of food stamps or medicaid 40,933
even though the county expenditures exceed the maximum allowable 40,934
reimbursement amount established by rules adopted under section 40,935
5101.161 of the Revised Code if the board of county commissioners 40,937
has not entered into a partnership agreement with the director of 40,938
human JOB AND FAMILY services under section 5101.21 of the 40,939
Revised Code. The department DIRECTOR may adopt internal 40,941
management rules in accordance with section 111.15 of the Revised
Code to implement this section. 40,942
Sec. 5101.18. (A) When the department DIRECTOR of human 40,951
JOB AND FAMILY services adopts rules under section 5107.05 40,952
regarding income requirements for the Ohio works first program 40,955
and under section 5115.05 of the Revised Code regarding income 40,958
and resource requirements for the disability assistance program, 40,959
the department DIRECTOR shall determine what payments shall be 40,961
regarded or disregarded. In making this determination, the 40,963
department DIRECTOR shall consider:
(1) The source of the payment; 40,965
(2) The amount of the payment; 40,967
(3) The purpose for which the payment was made; 40,969
(4) Whether regarding the payment as income would be in 40,971
the public interest; 40,972
(5) Whether treating the payment as income would be 40,974
detrimental to any of the programs administered in whole or in 40,976
part by the department OF JOB AND FAMILY SERVICES and whether 40,977
such determination would jeopardize the receipt of any federal 40,979
920
grant or payment by the state or any receipt of aid under Chapter 40,980
5107. of the Revised Code. 40,981
(B) Any recipient of aid under Title XVI of the "Social 40,983
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, 40,986
whose money payment is discontinued as the result of a general 40,987
increase in old-age, survivors, and disability insurance benefits 40,988
under such act, shall remain a recipient for the purpose of 40,990
receiving medical assistance through the medical assistance 40,991
program established under section 5111.01 of the Revised Code. 40,992
Sec. 5101.181. (A) As used in this section and section 41,001
5101.182 of the Revised Code, "public assistance" includes, in 41,002
addition to Ohio works first; prevention, retention, and 41,003
contingency; medicaid; and disability assistance, general 41,005
assistance provided prior to July 17, 1995, under former Chapter 41,007
5113. of the Revised Code. 41,008
(B) As part of the procedure for the determination of 41,011
overpayment to a recipient of public assistance under Chapter 41,012
5107., 5108., 5111., or 5115. of the Revised Code, the director 41,013
of human JOB AND FAMILY services shall furnish quarterly the name
and social security number of each individual who receives public 41,014
assistance to the director of administrative services, the 41,015
administrator of the bureau of workers' compensation, and each of 41,016
the state's retirement boards. Within fourteen days after 41,017
receiving the name and social security number of an individual 41,018
who receives public assistance, the director of administrative 41,019
services, administrator, or board shall inform the auditor of 41,020
state as to whether such individual is receiving wages or 41,021
benefits, the amount of any wages or benefits being received, the 41,022
social security number, and the address of the individual. The 41,023
director of administrative services, administrator, boards, and 41,024
any agent or employee of those officials and boards shall comply 41,025
with the rules of the department DIRECTOR of human JOB AND FAMILY 41,027
services restricting the disclosure of information regarding
recipients of public assistance. Any person who violates this 41,029
921
provision shall thereafter be disqualified from acting as an 41,030
agent or employee or in any other capacity under appointment or 41,031
employment of any state board, commission, or agency. 41,032
(C) The auditor of state may enter into a reciprocal 41,034
agreement with the director of human JOB AND FAMILY services or 41,035
comparable officer of any other state for the exchange of names, 41,037
current or most recent addresses, or social security numbers of 41,038
persons receiving public assistance under Title IV-A or under 41,040
Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 41,041
U.S.C. 301, as amended. 41,042
(D)(1) The auditor of state shall retain, for not less 41,044
than two years, at least one copy of all information received 41,046
under this section and sections 145.27, 742.41, 3307.21, 3309.22, 41,047
4123.27, 5101.182, and 5505.04 of the Revised Code. The auditor 41,048
shall review the information to determine whether overpayments 41,049
were made to recipients of public assistance under Chapters 41,050
5107., 5108., 5111., and 5115. of the Revised Code. The auditor 41,051
of state shall initiate action leading to prosecution, where 41,052
warranted, of recipients who received overpayments by forwarding 41,053
the name of each recipient who received overpayment, together 41,054
with other pertinent information, to the director of human JOB 41,055
AND FAMILY services and the attorney general, to the district 41,057
director of human JOB AND FAMILY services of the district through 41,059
which public assistance was received, and to the county director 41,060
of human JOB AND FAMILY services and county prosecutor of the 41,062
county through which public assistance was received.
(2) The auditor of state and the attorney general or their 41,064
designees may examine any records, whether in computer or printed 41,065
format, in the possession of the director of human JOB AND FAMILY 41,067
services or any county director of human JOB AND FAMILY services. 41,068
They shall provide safeguards which restrict access to such 41,070
records to purposes directly connected with an audit or 41,071
investigation, prosecution, or criminal or civil proceeding 41,072
conducted in connection with the administration of the programs 41,073
922
and shall comply with the rules of the department DIRECTOR of 41,074
human JOB AND FAMILY services restricting the disclosure of 41,075
information regarding recipients of public assistance. Any 41,076
person who violates this provision shall thereafter be 41,077
disqualified from acting as an agent or employee or in any other 41,078
capacity under appointment or employment of any state board, 41,079
commission, or agency. 41,080
(3) Costs incurred by the auditor of state in carrying out 41,082
the auditor of state's duties under this division shall be borne 41,084
by the auditor of state. 41,085
Sec. 5101.182. As part of the procedure for the 41,094
determination of overpayment to a recipient of public assistance 41,095
under Chapter 5107., 5111., or 5115. of the Revised Code, the 41,097
director of human JOB AND FAMILY services shall semiannually, at
times determined jointly by the auditor of state and the tax 41,098
commissioner, furnish to the tax commissioner in computer format 41,099
the name and social security number of each individual who 41,100
receives public assistance. Within sixty days after receiving 41,101
the name and social security number of a recipient of public 41,102
assistance, the commissioner shall inform the auditor of state 41,103
whether the individual filed an Ohio individual income tax 41,104
return, separate or joint, as provided by section 5747.08 of the 41,105
Revised Code, for either or both of the two taxable years 41,106
preceding the year in which the director furnished the names and 41,107
social security numbers to the commissioner. If the individual 41,108
did so file, at the same time the commissioner shall also inform 41,109
the auditor of state of the amount of the federal adjusted gross 41,110
income as reported on such returns and of the addresses on such 41,111
returns. The commissioner shall also advise the auditor of state 41,112
whether such returns were filed on a joint basis, as provided in 41,113
section 5747.08 of the Revised Code, in which case the federal 41,114
adjusted gross income as reported may be that of the individual 41,115
or the individual's spouse. 41,116
If the auditor of state determines that further 41,118
923
investigation is needed, he THE AUDITOR OF STATE may request the 41,119
commissioner to determine whether the individual filed income tax 41,121
returns for any previous taxable years in which the individual 41,122
received public assistance and for which the tax department 41,123
retains income tax returns. Within fourteen days of receipt of 41,124
the request, the commissioner shall inform the auditor of state 41,125
whether the individual filed an individual income tax return for 41,126
the taxable years in question, of the amount of the federal 41,127
adjusted gross income as reported on such returns, of the 41,128
addresses on such returns, and whether the returns were filed on 41,129
a joint or separate basis. 41,130
If the auditor of state determines that further 41,132
investigation is needed of a recipient of public assistance who 41,133
filed an Ohio individual income tax return, he THE AUDITOR OF 41,134
STATE may request a certified copy of the Ohio individual income 41,136
tax return or returns of that person for the taxable years 41,137
described above, together with any other documents the 41,138
commissioner has concerning the return or returns. Within 41,139
fourteen days of receipt of such a request in writing, the 41,140
commissioner shall forward the returns and documents to the 41,141
auditor of state.
The director of human JOB AND FAMILY services, district 41,143
director of human JOB AND FAMILY services, county director of 41,144
human JOB AND FAMILY services, county prosecutor, attorney 41,147
general, auditor of state, or any agent or employee of those 41,148
officials having access to any information or documents furnished 41,149
by the commissioner pursuant to this section shall not divulge or 41,150
use any such information except for the purpose of determining 41,151
overpayment of public assistance, or for an audit, investigation, 41,152
or prosecution, or in accordance with a proper judicial order. 41,153
Any person who violates this provision shall thereafter be 41,154
disqualified from acting as an agent or employee or in any other 41,155
capacity under appointment or employment of any state or county 41,156
board, commission, or agency.
924
Sec. 5101.183. (A) The department DIRECTOR of human JOB 41,166
AND FAMILY services, in accordance with section 111.15 of the 41,168
Revised Code, may adopt rules under which county departments of 41,169
human JOB AND FAMILY services or public children services 41,172
agencies shall take action to recover the cost of social services 41,174
provided to any of the following:
(1) Persons who were not eligible for social services but 41,176
who secured social services through fraud or misrepresentation; 41,177
(2) Persons who were eligible for social services but who 41,179
intentionally diverted the services to other persons who were not 41,180
eligible for the services. 41,181
(B) A county department of human JOB AND FAMILY services 41,183
or public children services agency may bring a civil action 41,185
against a recipient of social services to recover any costs 41,186
described in division (A) of this section. 41,187
(C) A county department of human JOB AND FAMILY services 41,189
or public children services agency shall retain any money it 41,191
recovers under division (A) of this section and shall use the 41,193
money for the provision of social services, except that, if 41,194
federal law requires the state department of human JOB AND FAMILY 41,195
services to return any portion of the money so recovered to the 41,197
federal government, the county department or agency shall pay 41,198
that portion to the state department OF JOB AND FAMILY SERVICES. 41,199
Sec. 5101.184. (A) The director of human JOB AND FAMILY 41,208
services shall work with the tax commissioner to collect 41,209
overpayments of assistance under Chapter 5107., 5111., or 5115., 41,210
former Chapter 5113., or sections 5101.54 to 5101.543 of the 41,211
Revised Code from refunds of state income taxes for taxable year 41,212
1992 and thereafter that are payable to the recipients of such 41,213
overpayments.
Any overpayment of assistance, whether obtained by fraud or 41,215
misrepresentation, as the result of an error by the recipient or 41,216
by the agency making the payment, or in any other manner, may be 41,217
collected under this section. Any reduction under section 41,218
925
5747.12 or 5747.121 of the Revised Code to an income tax refund 41,219
shall be made before a reduction under this section. No 41,220
reduction shall be made under this section if the amount of the 41,221
refund is less than twenty-five dollars after any reduction under 41,222
section 5747.12 of the Revised Code. A reduction under this 41,223
section shall be made before any part of the refund is 41,224
contributed under section 5747.113 of the Revised Code to the 41,225
natural areas and preserves fund or the nongame and endangered 41,226
wildlife fund, or is credited under section 5747.12 of the 41,227
Revised Code against tax due in any subsequent year. 41,228
The director and the tax commissioner, by rules adopted in 41,230
accordance with Chapter 119. of the Revised Code, shall establish 41,231
procedures to implement this division. The procedures shall 41,232
provide for notice to a recipient of assistance and an 41,233
opportunity for him THE RECIPIENT to be heard before his THE 41,235
RECIPIENT'S income tax refund is reduced. 41,236
(B) The director of human JOB AND FAMILY services may 41,238
enter into agreements with the federal government to collect 41,239
overpayments of assistance from refunds of federal income taxes 41,240
that are payable to recipients of the overpayments. 41,241
Sec. 5101.19. (A) Upon determining that a person or 41,250
persons are eligible for aid payments under Chapter 5107. or 41,251
5115. of the Revised Code, an identification card shall be issued 41,252
to the individual designated to receive warrants for aid 41,253
payments. Such cards may be made up and issued by the county 41,254
department of human JOB AND FAMILY services, or the department of 41,255
human JOB AND FAMILY services may enter into a contract with any 41,257
person, corporation, or agency, public or private, to furnish 41,258
cards to individuals certified by the county department. The 41,259
department of human JOB AND FAMILY services shall determine the 41,260
card's material, design, and informational content, which shall 41,261
include a photograph, social security number, name and signature, 41,262
and shall prescribe the procedure by which it is issued. 41,263
(B) Any county department of human JOB AND FAMILY services 41,265
926
which on July 7, 1972 is furnishing identification cards to 41,267
individuals designated to receive warrants for aid payments under 41,268
Chapter 5107. of the Revised Code, may continue to issue such 41,269
cards and may issue identification cards to individuals 41,270
designated to receive warrants for aid payments under Chapter 41,271
5115. of the Revised Code under procedures developed by the 41,272
county, in lieu of those established under division (A) of this 41,273
section, provided:
(1) The information borne on the card is substantially the 41,275
same as that required in division (A) of this section; 41,276
(2) The county complies with any regulations adopted by 41,278
the department DIRECTOR of human JOB AND FAMILY services which 41,280
are applicable to such a procedure. 41,281
(C) The individual designated to receive warrants for aid 41,283
payments shall present the identification card issued under this 41,284
section as a condition for the acceptance and payment of the 41,285
warrants. All expenses incurred in the issuance of 41,286
identification cards under this section shall be paid from funds 41,287
appropriated to the department of human JOB AND FAMILY services. 41,289
Sec. 5101.212. If the director of human JOB AND FAMILY 41,298
services enters into an agreement or contracts with, or issues a 41,300
grant to, a religious organization under section 5101.211 of the 41,301
Revised Code, the religious organization shall comply with 41,303
section 104 of the Personal Responsibility and Work Opportunity 41,304
and Reconciliation Act of 1996 (P.L. 104-193). 41,305
Sec. 5101.26. As used in this section and in sections 41,315
5101.27 to 5101.30 of the Revised Code:
(A) "County agency" means a county department of human JOB 41,317
AND FAMILY services or a public children services agency. 41,318
(B) "Fugitive felon" means an individual who is fleeing to 41,320
avoid prosecution, or custody or confinement after conviction, 41,322
under the laws of the place from which the individual is fleeing, 41,323
for a crime or an attempt to commit a crime that is a felony 41,325
under the laws of the place from which the individual is fleeing 41,326
927
or, in the case of New Jersey, a high misdemeanor, regardless of 41,327
whether the individual has departed from the individual's usual 41,328
place of residence. 41,329
(C) "Information" means records as defined in section 41,331
149.011 of the Revised Code, any other documents in any format, 41,334
and data derived from records and documents that are generated, 41,335
acquired, or maintained by the state department of human JOB AND 41,336
FAMILY services, a county agency, or an entity performing duties 41,337
on behalf of the state department or a county agency. 41,338
(D) "Law enforcement agency" means the state highway 41,341
patrol, an agency that employs peace officers as defined in 41,342
section 109.71 of the Revised Code, the adult parole authority, a 41,343
county department of probation, a prosecuting attorney, the 41,344
attorney general, similar agencies of other states, federal law 41,346
enforcement agencies, and postal inspectors. "Law enforcement
agency" includes the peace officers and other law enforcement 41,347
officers employed by the agency. 41,348
(E) "Public assistance" means financial assistance, 41,350
medical assistance, or social services provided under a program 41,351
administered by the state department OF JOB AND FAMILY SERVICES 41,352
or a county agency pursuant to Chapter 329., 5101., 5104., 5107., 41,353
5108., 5111., or 5115. of the Revised Code or an executive order 41,354
issued under section 107.17 of the Revised Code. 41,355
(F) "Public assistance recipient" means an applicant for 41,357
or recipient or former recipient of public assistance. 41,359
Sec. 5101.27. (A) Except as permitted by this section, 41,369
section 5101.28 or 5101.29 of the Revised Code, or the rules 41,370
adopted under division (A) of section 5101.30 of the Revised 41,371
Code, or required by federal law, no person or government entity 41,372
shall solicit, disclose, receive, use, or knowingly permit, or 41,373
participate in the use of any information regarding a public 41,374
assistance recipient for any purpose not directly connected with 41,375
the administration of a public assistance program. 41,376
(B)(1) To the extent permitted by federal law, the state 41,379
928
department of human JOB AND FAMILY services and county agencies 41,381
shall release information regarding a public assistance recipient 41,382
for purposes directly connected to the administration of the 41,383
program to a government entity responsible for administering a 41,384
public assistance program or any other state, federal, or 41,385
federally assisted program that provides cash or in-kind 41,386
assistance or services directly to individuals based on need or 41,387
for the purpose of protecting children to a government entity 41,388
responsible for administering a children's protective services 41,389
program.
(2) To the extent permitted by federal law, the state 41,391
department and county agencies shall provide information 41,392
regarding a public assistance recipient to a law enforcement 41,393
agency for the purpose of any investigation, prosecution, or 41,394
criminal or civil proceeding relating to the administration of a 41,395
public assistance program. 41,396
(C) To the extent permitted by federal law and section 41,398
1347.08 of the Revised Code, the state department and county 41,399
agencies shall provide access to information regarding a public 41,400
assistance recipient to all of the following:
(1) The recipient; 41,402
(2) The authorized representative, as defined in rules 41,404
adopted under section 5101.30 of the Revised Code, of the 41,405
recipient;
(3) The parent or guardian of the recipient; 41,407
(4) The attorney of the recipient, if the attorney has 41,409
written authorization from the recipient. 41,410
(D) To the extent permitted by federal law, the state 41,412
department and county agencies may release information about a 41,414
public assistance recipient if the recipient gives voluntary, 41,415
written consent that specifically identifies the persons or 41,416
government entities to which the information may be released. 41,417
The state department or county agency shall release the 41,419
information only to the persons or government entities specified 41,420
929
in the document evidencing consent. Consent may be time-limited 41,421
or ongoing, at the discretion of the individual giving it, and 41,422
may be rescinded at any time; however, an individual cannot 41,423
rescind consent retroactively. The document evidencing consent 41,424
must state that consent may be rescinded. 41,425
The state department or a county agency may release 41,427
information under this division concerning a receipt of medical 41,428
assistance under Chapter 5111. of the Revised Code only if both 41,430
of the following are the case: 41,431
(1) The release of information is for purposes directly 41,433
connected to the administration of programs created under Chapter 41,435
5111. of the Revised Code or services provided under programs 41,436
created under that chapter;
(2) The information is released to persons or government 41,438
entities that are subject to standards of confidentiality and 41,439
safeguarding information substantially comparable to those 41,440
established for programs created under Chapter 5111. of the 41,442
Revised Code.
Sec. 5101.28. (A) The state department of human JOB AND 41,451
FAMILY services shall enter into written agreements with law 41,453
enforcement agencies to exchange, obtain, or share information 41,454
regarding public assistance recipients to enable the state 41,455
department, county agencies, and law enforcement agencies to 41,456
determine whether a recipient or a member of a recipient's 41,457
assistance group is either of the following: 41,458
(1) A fugitive felon; 41,460
(2) Violating a condition of probation, a community 41,462
control sanction, parole, or a post-release control sanction 41,463
imposed under state or federal law.
(B) The state department and county agencies shall provide 41,466
information regarding recipients of public assistance under a 41,467
program administered by the state department or a county agency
pursuant to Chapter 5107., 5108., or 5115. of the Revised Code to 41,468
law enforcement agencies on request for the purposes of 41,470
930
investigations, prosecutions, and criminal and civil proceedings 41,471
that are within the scope of the law enforcement agencies' 41,472
official duties.
(C) Information about a recipient shall be exchanged, 41,474
obtained, or shared only if the state department, county agency, 41,475
or law enforcement agency requesting the information gives 41,477
sufficient information to specifically identify the recipient. 41,478
In addition to the recipient's name, identifying information may 41,479
include the recipient's current or last known address, social
security number, other identifying number, age, gender, physical 41,480
characteristics, any information specified in an agreement 41,481
entered into under division (A) of this section, or any 41,482
information considered appropriate by the department or agency. 41,483
(D)(1) The state department and its officers and employees 41,485
are not liable in damages in a civil action for any injury, 41,486
death, or loss to person or property that allegedly arises from 41,487
the release of information in accordance with divisions (A), (B), 41,488
and (C) of this section. This section does not affect any 41,490
immunity or defense that the state department and its officers 41,491
and employees may be entitled to under another section of the 41,493
Revised Code or the common law of this state, including section 41,495
9.86 of the Revised Code.
(2) The county agencies and their employees are not liable 41,497
in damages in a civil action for any injury, death, or loss to 41,498
person or property that allegedly arises from the release of 41,499
information in accordance with divisions (A), (B), and (C) of 41,500
this section. "Employee" has the same meaning as in division (B) 41,502
of section 2744.01 of the Revised Code. This section does not
affect any immunity or defense that the county agencies and their 41,503
employees may be entitled to under another section of the Revised 41,505
Code or the common law of this state, including section 2744.02 41,507
and division (A)(6) of section 2744.03 of the Revised Code. 41,508
(E) To the extent permitted by federal law, the state 41,510
department and county agencies shall provide access to 41,511
931
information to the auditor of state acting pursuant to Chapter 41,512
117. or sections 5101.181 and 5101.182 of the Revised Code and to 41,513
any other government entity authorized by state or federal law to 41,514
conduct an audit of or similar activity involving a public 41,515
assistance program.
(F) The auditor of state shall prepare an annual report on 41,518
the outcome of the agreements required under division (A) of this 41,519
section. The report shall include the number of fugitive felons 41,520
and probation and parole violators apprehended during the 41,521
immediately preceding year as a result of the exchange of 41,522
information pursuant to that division. The auditor of state 41,524
shall file the report with the governor, the president and 41,525
minority leader of the senate, and the speaker and minority 41,526
leader of the house of representatives. The state department, 41,527
county agencies, and law enforcement agencies shall cooperate 41,528
with the auditor of state's office in gathering the information 41,529
required under this division.
(G) To the extent permitted by federal law, the state 41,531
department of human JOB AND FAMILY services, county departments 41,532
of human JOB AND FAMILY services, and employees of the 41,534
departments may report to a public children services agency or 41,535
other appropriate agency information on known or suspected
physical or mental injury, sexual abuse or exploitation, or 41,536
negligent treatment or maltreatment, of a child receiving public 41,537
assistance, if circumstances indicate that the child's health or 41,538
welfare is threatened. 41,539
Sec. 5101.29. When contained in a record held by the state 41,550
department of human JOB AND FAMILY services or a county agency, 41,551
the following are not public records for purposes of section
149.43 of the Revised Code: 41,553
(A) Names and other identifying information regarding 41,556
children enrolled in or attending a child day-care center or home 41,557
subject to licensure, certification, or registration under 41,558
Chapter 5104. of the Revised Code;
932
(B) Names and other identifying information regarding a 41,561
person who makes an oral or written complaint regarding a child 41,562
day-care center or home subject to licensure, certification, or 41,563
registration to the state department or other state or county 41,565
entity responsible for enforcing Chapter 5104. of the Revised 41,566
Code.
Sec. 5101.30. (A) The state department DIRECTOR of human 41,576
JOB AND FAMILY services shall adopt rules in accordance with 41,577
Chapter 119. of the Revised Code implementing sections 5101.26 to 41,578
5101.30 of the Revised Code and governing the custody, use, and 41,579
preservation of the information generated or received by the 41,580
state department OF JOB AND FAMILY SERVICES, county agencies, 41,581
other state and county entities, contractors, grantees, private
entities, or officials participating in the administration of 41,582
public assistance programs. The rules shall specify conditions 41,584
and procedures for the release of information. The rules shall 41,585
comply with applicable federal statutes and regulations. To the 41,586
extent permitted by federal law: 41,587
(1) The rules may permit providers of services or 41,589
assistance under public assistance programs limited access to 41,590
information that is essential for the providers to render 41,591
services or assistance or to bill for services or assistance 41,592
rendered. The department of aging, when investigating a 41,593
complaint under section 173.20 of the Revised Code, shall be 41,594
granted any limited access permitted in the rules pursuant to 41,595
division (A)(1) of this section. 41,596
(2) The rules may permit a contractor, grantee, or other 41,598
state or county entity limited access to information that is 41,599
essential for the contractor, grantee, or entity to perform 41,600
administrative or other duties on behalf of the state department 41,601
or county agency. A contractor, grantee, or entity given access 41,602
to information pursuant to division (A)(2) of this section is 41,604
bound by the state department's DIRECTOR'S rules, and disclosure 41,605
of the information by the contractor, grantee, or entity in a 41,606
933
manner not authorized by the rules is a violation of section 41,608
5101.27 of the Revised Code.
(B) Whenever names, addresses, or other information 41,611
relating to public assistance recipients is held by any agency 41,612
other than the state department or a county agency, that other 41,613
agency shall adopt rules consistent with sections 5101.26 to 41,614
5101.30 of the Revised Code to prevent the publication or 41,615
disclosure of names, lists, or other information concerning those 41,616
recipients.
Sec. 5101.31. (A) As used in this section: 41,625
(1) "Cable television service" has the same meaning as in 41,627
section 2913.01 of the Revised Code. 41,628
(2) "Child support order" has the same meaning as in 41,630
section 2301.373 of the Revised Code. 41,631
(3) "Law enforcement entity" means a public entity that 41,633
employs a law enforcement officer. 41,634
(4) "Obligor" and "obligee" have the same meanings as in 41,637
section 3113.21 of the Revised Code. 41,638
(5) "Public utility" means a person or entity, including 41,640
an entity owned or operated by a municipal corporation or other 41,641
government entity, that is described in division (A) of section 41,643
4905.03 of the Revised Code as a telephone company, electric 41,646
light company, gas company, natural gas company, water-works 41,647
company, heating or cooling company, or sewage disposal system 41,648
company, or that is providing cable television service. 41,649
(6) "Support order" has the same meaning as in section 41,651
2301.34 of the Revised Code. 41,653
(B) The division of child support is hereby created in the 41,656
department of human JOB AND FAMILY services. The division shall
establish and administer a program of child support enforcement, 41,657
which program shall meet the requirements of Title IV-D of the 41,658
"Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as 41,659
amended, and any rules adopted under Title IV-D. The program of 41,661
child support enforcement shall include, but not be limited to, 41,662
934
the location of absent parents, the establishment of parentage, 41,663
the establishment and modification of child support orders and 41,664
medical support orders, the enforcement of support orders, and 41,665
the collection of support obligations.
As part of its efforts to establish parentage, the division 41,667
shall develop a program to publicize the state procedures for 41,668
establishing the existence of a parent and child relationship and 41,669
the advantages of establishing such a relationship. The division 41,670
may require any board, commission, or agency of the state to 41,671
participate in the publicity program.
The department shall charge an application fee of up to 41,673
twenty-five dollars, as determined by rule adopted by the 41,674
department DIRECTOR OF JOB AND FAMILY SERVICES pursuant to 41,676
Chapter 119. of the Revised Code, for furnishing services under 41,677
Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 41,678
U.S.C. 651, as amended, to persons not participating in Ohio 41,679
works first under Chapter 5107. of the Revised Code. The 41,680
department DIRECTOR shall adopt rules pursuant to Chapter 119. of 41,681
the Revised Code authorizing counties, at their option, to waive 41,682
the payment of the fee. The application fee, unless waived 41,683
pursuant to rules adopted by the department DIRECTOR pursuant to 41,684
this section, shall be paid by those persons. 41,685
(C) The division of child support shall establish, by rule 41,687
adopted pursuant to Chapter 119. of the Revised Code, a program 41,688
of spousal support enforcement in conjunction with child support 41,689
enforcement. The program shall conform, to the extent 41,690
practicable, to the program for child support enforcement 41,691
established pursuant to division (B) of this section. 41,692
(D) The department of human JOB AND FAMILY services shall 41,694
enter into an agreement with the secretary of health and human 41,695
services, as authorized by the "Parental Kidnapping Prevention 41,696
Act of 1980," 94 Stat. 3572, 42 U.S.C. 663, as amended, under 41,697
which the services of the parent locater service established 41,698
pursuant to Title IV-D of the "Social Security Act," 88 Stat. 41,699
935
2351 (1975), 42 U.S.C. 651, as amended, shall be made available 41,700
to this state for the purpose of determining the whereabouts of 41,701
any absent parent or child in order to enforce a law with respect 41,702
to the unlawful taking or restraint of a child, or to make or 41,703
enforce a determination as to the allocation, between the parents 41,704
of a child, of the parental rights and responsibilities for the 41,705
care of a child and the designation of the residential parent and 41,706
legal custodian of a child or otherwise as to the custody of a 41,707
child. 41,708
(E) The division of child support shall not use any social 41,710
security number made available to it under section 3705.07 of the 41,711
Revised Code for any purpose other than child support 41,712
enforcement. 41,713
(F)(1) Except as provided by the rules adopted pursuant to 41,715
division (F)(2) of this section, no person shall do either of the 41,717
following:
(a) Disclose information concerning applicants for and 41,719
recipients of Title IV-D support enforcement program services 41,721
provided by a child support enforcement agency; 41,722
(b) Disclose any information collected pursuant to 41,724
division (G) of this section. 41,725
(2) The division DIRECTOR of child support JOB AND FAMILY 41,728
SERVICES shall adopt rules governing access to, and use and 41,730
disclosure of, the information described in division (F)(1) of 41,731
this section. The rules shall be consistent with the 41,732
requirements of Title IV-D of the "Social Security Act," 88 Stat. 41,733
2351 (1975), 42 U.S.C. 651, as amended, and any rules adopted 41,734
under Title IV-D.
(G)(1) Except as provided in division (G)(4) of this 41,737
section, the division of child support shall have access to all 41,739
of the following unless release of the information is prohibited 41,740
by federal or state law:
(a) Any information in the possession of any officer or 41,742
entity of the state or any political subdivision of the state 41,744
936
that would aid the division in locating an absent parent or child 41,746
pursuant to division (D) of this section; 41,747
(b) Any information concerning the employment, 41,749
compensation, and benefits of any obligor or obligee subject to a 41,751
support order in the possession of any person;
(c) The name and address of any obligor or obligee subject 41,754
to a support order and the obligor's or obligee's employer in the 41,755
customer records of a public utility.
(2) The person or entity required to provide information 41,759
pursuant to division (G)(1) of this section, may provide such 41,760
information to a child support enforcement agency at the agency's 41,761
request or require the agency to request that the division of 41,762
child support request the information for the agency. The 41,763
division shall request the information from the person or entity 41,765
on the request of a child support enforcement agency. 41,766
(3) An officer or entity of the state or political 41,768
subdivision of the state or any other person who provides 41,770
information pursuant to this division shall not be subject to 41,772
criminal or civil liability for providing the information. 41,773
(4)(a) The department of taxation shall not provide any 41,776
information to the division, except as provided in division 41,777
(G)(4) of this section. For purposes of the establishment of 41,778
paternity, the establishment, modification, or enforcement of 41,779
support orders, and the location of absent parents pursuant to 41,780
child support enforcement activities, the division of child 41,781
support is authorized to have access to information concerning 41,782
the residential address, employer, income, and assets of 41,783
taxpayers if that information is contained in the state tax 41,784
records maintained by the department. The division shall 41,785
reimburse the department for the cost of access to, and
obtainment of, the information described in division (G)(4)(a) of 41,787
this section. The department of taxation shall not provide any 41,788
information to the division if the provision of the information 41,789
is prohibited by state or federal law. 41,790
937
(b) The department of taxation or its officers and 41,792
employees shall not be subject to criminal or civil liability for 41,793
providing access to the information described in division 41,794
(G)(4)(a) of this section. The information obtained pursuant to 41,796
division (G)(4)(a) of this section is subject to the 41,798
nondisclosure requirements of division (F) of this section. 41,799
(5) No person or entity, other than an officer or entity 41,802
of the state or a political subdivision of the state, shall fail 41,804
to provide information as required by division (G)(1) or (2) of 41,805
this section. A person or entity that fails to provide the 41,807
information may be fined five hundred dollars. The department of 41,808
human JOB AND FAMILY services shall file an action in the court 41,809
of common pleas of Franklin county, requesting that the court 41,811
impose the fine for failure to provide the information. If the 41,812
court determines that the person or entity failed to provide the 41,813
information, it may impose the fine. The court shall direct that 41,814
the fine be paid to the department of human JOB AND FAMILY 41,816
services.
Sec. 5101.312. (A) As used in this section: 41,826
(1) "Support order" has the same meaning as in section 41,829
2301.34 of the Revised Code.
(2) "Employee" does not include an individual performing 41,831
intelligence or counterintelligence functions for a state agency, 41,833
if the head of the agency has determined that reporting pursuant 41,834
to this section could endanger the safety of the employee or 41,835
compromise an ongoing investigation or intelligence mission. 41,836
(3) "Employer" means any person or governmental entity 41,839
other than the federal government for which an individual 41,840
performs any service, of whatever nature, as the employee of such 41,841
person, except that: 41,842
(a) If the person for whom the individual performs 41,844
services does not have control of the payment of compensation for 41,846
the services, "employer" means the person having control of the 41,847
payment of the compensation;
938
(b) In the case of a person paying compensation on behalf 41,849
of a nonresident alien individual, foreign partnership, or 41,850
foreign corporation not engaged in trade or business within the 41,851
United States, "employer" means the person paying the 41,852
compensation.
(4) "Obligor" means a person required to pay support under 41,854
a support order. 41,856
(B)(1) Except as provided in division (B)(2) of this 41,859
section, every employer shall report to the department of human 41,862
JOB AND FAMILY services the hiring, rehiring, or return to work 41,863
as an employee of a person who resides, works, or will be 41,864
assigned to work in this state to whom the employer anticipates 41,865
paying compensation.
(2) An employer that has employees in two or more states 41,868
and that transmits reports magnetically or electronically may 41,869
make the report required by this section to another state if the 41,870
employer does both of the following:
(a) Notifies the Ohio department of human JOB AND FAMILY 41,872
services and the United States secretary of health and human 41,874
services in writing that the employer has designated another 41,875
state as the state to which the employer will transmit the 41,877
report;
(b) Transmits the report to that state in compliance with 41,880
federal law.
(C) An employer shall include all of the following in each 41,882
report: 41,883
(1) The employee's name, address, date of birth, social 41,886
security number, and date of hire, rehire, or return to work; 41,887
(2) The employer's name, address, and identification 41,889
number.
(D) An employer may make a report by submitting a copy of 41,891
the United States internal revenue service form W-4 (employee's 41,893
withholding allowance certificate) for the employee, a form
provided by the department, or any other hiring document or data 41,894
939
storage device or mechanism the department authorizes. An 41,895
employer may make the report by mail, fax, magnetic or electronic 41,896
means, or other means the department authorizes. If an employer 41,897
makes a report by mail, the date of making the report is the 41,898
postmark date if the report is mailed in the United States with 41,899
first class postage and is addressed as the department 41,900
authorizes. An employer shall make the report not later than 41,901
twenty days after the date on which the employer hires or rehires 41,903
an employee or the employee returns to work. 41,904
(E)(1) The department shall, within five days of receipt 41,907
from an employer, enter the information described in division (C) 41,908
of this section into a directory, which shall be part of or 41,909
accessible to the automated data processing system required 41,910
pursuant to section 5101.322 of the Revised Code. 41,913
(2) The department shall make comparisons of the social 41,916
security numbers obtained pursuant to this section and the social 41,917
security numbers appearing in the registry maintained pursuant to 41,918
section 5101.319 of the Revised Code.
(3) Within two business days after information is entered 41,920
into the directory pursuant to this division, if the comparison 41,921
conducted by the department pursuant to division (E)(2) of this 41,923
section results in a match the department shall notify the child 41,925
support enforcement agency administering the support order. On
receipt of the notice the agency shall send a notice to the 41,927
employer pursuant to division (B) of section 3111.23 or division 41,928
(D) of section 3113.21 of the Revised Code, unless the employee's 41,931
income is not subject to withholding, and shall take any other 41,932
appropriate action under sections 3111.20 to 3111.28 and 3113.21 41,933
to 3113.219 of the Revised Code. 41,935
(4)(a) Within three business days after information is 41,937
entered into the directory pursuant to this division, the 41,938
department shall furnish the information to the national 41,939
directory of new hires. 41,940
(b) HIRES. The bureau of employment services DEPARTMENT 41,943
940
shall furnish to the national directory of new hires on a
quarterly basis such information contained in the records of the 41,945
bureau of employment services DEPARTMENT as is required by state 41,946
and federal law. 41,947
(F) The department shall use the reports it receives 41,949
pursuant to this section to locate individuals for the purposes 41,951
of establishing paternity; establishing, modifying, and enforcing
support orders being administered by child support enforcement 41,953
agencies in this state; and to detect fraud in any program 41,955
administered by the department. The department DIRECTOR OF JOB 41,956
AND FAMILY SERVICES shall adopt rules in accordance with Chapter
119. of the Revised Code to implement this section. 41,957
The reports shall not be considered public records for 41,959
purposes of section 149.43 of the Revised Code, and the 41,961
department may adopt rules under section 5101.31 of the Revised 41,963
Code governing access to, and use and disclosure of, information 41,965
contained in the reports. The department DIRECTOR OF JOB AND 41,966
FAMILY SERVICES may disclose information in the reports to any 41,967
agent of the department or child support enforcement agency that 41,968
is under contract with the department for the purposes listed in 41,969
this division. The department DIRECTOR may submit to the bureau 41,971
of workers' compensation or the bureau of employment services a
copy of any report it receives from an employer pursuant to this 41,972
section.
(G) An employer who fails to make a report required by 41,975
this section shall be required by the department of human JOB AND
FAMILY services to pay a fee of less than twenty-five dollars for 41,977
each failure to make a report.
If the failure to make a report is the result of a 41,979
conspiracy between the employer and the employee not to supply 41,980
the report or to supply a false or incomplete report, the 41,981
department of human JOB AND FAMILY services shall require the 41,982
employer to pay a fee of less than five hundred dollars for each 41,984
such failure.
941
Sec. 5101.313. The division of child support in the 41,993
department of human JOB AND FAMILY services and a child support
enforcement agency may examine the putative father registry 41,995
established under section 3107.062 of the Revised Code to locate
an absent parent for the purpose of the division or agency 41,997
carrying out its duties under the child and spousal support 41,998
enforcement programs established under section 5101.31 of the 41,999
Revised Code. Neither the division nor an agency shall use the
information it receives from the registry for any purpose other 42,000
than child and spousal support enforcement. 42,001
Sec. 5101.314. (A)(1) The natural father, natural mother, 42,011
or other custodian or guardian of a child, a child support
enforcement agency pursuant to section 3111.21 of the Revised 42,012
Code, a local registrar of vital statistics pursuant to section 42,015
3705.091 of the Revised Code, or a hospital staff person pursuant
to section 3727.17 of the Revised Code, in person or by mail, may 42,017
file an acknowledgment of paternity with the division of child 42,018
support in the department of human JOB AND FAMILY services,
acknowledging that the child is the child of the natural father
who signed the acknowledgment. The acknowledgment of paternity 42,019
shall be made on the affidavit prepared pursuant to section 42,021
5101.324 of the Revised Code, shall be signed by the natural 42,023
father and the natural mother, and each signature shall be 42,024
notarized. The natural father and mother may sign and have the 42,026
signature notarized outside of each other's presence. An 42,028
acknowledgment shall be sent to the division no later than ten 42,029
days after it has been signed and notarized. If a person knows a 42,030
man is presumed under section 3111.03 of the Revised Code to be 42,032
the father of the child described in this section, the person 42,033
shall not notarize or file an acknowledgment with respect to the 42,034
child pursuant to this section.
(2)(a) On the filing of an acknowledgment pursuant to 42,036
division (A)(1) of this section, the division shall examine the 42,039
acknowledgment to determine whether it is completed correctly. 42,040
942
The division shall make the examination no later than five days 42,041
after the acknowledgment is filed. If the acknowledgment is 42,042
completed correctly, the division shall comply with division 42,043
(A)(2)(b) of this section. If the acknowledgment is not 42,045
completed correctly, the division shall return it to the person 42,046
or entity that filed it. The person or entity shall have ten 42,047
days from the date the division sends the acknowledgment back to 42,048
correct it and return it to the division. The division shall 42,049
send, along with the acknowledgment, a notice stating what needs 42,050
to be corrected and the amount of time the person or entity has 42,051
to make the corrections and return the acknowledgment to the 42,052
division.
If the person or entity returns the acknowledgment in a 42,054
timely manner, the division shall examine the acknowledgment 42,055
again to determine whether it has been correctly completed. If 42,056
the acknowledgment has been correctly completed, the division 42,057
shall comply with division (A)(2)(b) of this section. If the 42,059
acknowledgment has not been correctly completed the second time 42,060
or if the acknowledgment is not returned to the division in a 42,061
timely manner, the acknowledgment is invalid and the division 42,062
shall return it to the person or entity and shall not enter it 42,063
into the birth registry. If the division returns an 42,064
acknowledgment the second time, it shall send a notice to the
person or entity stating the errors in the acknowledgment and 42,065
that the acknowledgment is invalid. 42,066
(b) If the division determines an acknowledgment is 42,068
correctly completed, the division shall enter the information on 42,070
the acknowledgment into the birth registry pursuant to division 42,071
(D) of this section. After entering the information in the 42,073
registry, the division shall send the acknowledgment to the 42,074
department of health for storage pursuant to section 3705.091 of 42,075
the Revised Code. The division may request that the department 42,078
of health send back to the division any acknowledgment that is 42,079
being stored by the department of health pursuant to that 42,080
943
section.
(3) An acknowledgment of paternity is final and 42,082
enforceable without ratification by a court when either of the 42,083
following has occurred:
(a) The acknowledgment has become final pursuant to 42,085
section 2151.232 or 3111.211 of the Revised Code. 42,086
(b) The acknowledgment has been filed pursuant to division 42,089
(A)(1) of this section, the information on the acknowledgment has 42,091
been entered in the birth registry pursuant to division (D) of 42,092
this section, the acknowledgment has not been rescinded pursuant 42,093
to division (B) of this section, and more than sixty days have 42,094
elapsed since the date of the last signature on the 42,095
acknowledgment.
Thereafter, the child is the child of the man who signed 42,099
the acknowledgment of paternity, as though born to him in lawful 42,100
wedlock, and, if the mother is unmarried, the man who signed the 42,101
acknowledgment of paternity, the parents of the man who signed 42,102
the acknowledgment of paternity, any relative of the man who 42,103
signed the acknowledgment of paternity, the parents of the 42,104
mother, and any relative of the mother may file a complaint
pursuant to section 3109.12 of the Revised Code requesting the 42,105
granting under that section of reasonable companionship or 42,106
visitation rights with respect to the child. 42,107
(4) Once the acknowledgment becomes final pursuant to this 42,110
section or section 2151.232 or 3111.211 of the Revised Code, all
of the following apply: 42,111
(a) The man who signed the acknowledgment of paternity 42,113
assumes the parental duty of support. Notwithstanding section 42,114
3109.01 of the Revised Code, the parental duty of support of the 42,116
father to the child shall continue beyond the age of majority as 42,117
long as the child attends on a full-time basis any recognized and 42,118
accredited high school or a child support order provides that the 42,120
duty of support continues beyond the age of majority. Except in 42,121
cases in which a child support order provides that the duty of 42,123
944
support continues for any period after the child reaches nineteen 42,124
years of age, the order shall not remain in effect after the 42,125
child reaches nineteen years of age.
(b) The mother or other custodian or guardian of the child 42,127
may file a complaint pursuant to section 2151.231 of the Revised 42,128
Code in the court of common pleas of the county in which the 42,129
child or the guardian or legal custodian of the child resides 42,130
requesting the court to order the father to pay an amount for the 42,131
support of the child, may contact the child support enforcement 42,132
agency for assistance in obtaining the order, or may request an 42,133
administrative officer of a child support enforcement agency to 42,134
issue an administrative order for the payment of child support 42,135
pursuant to division (D) of section 3111.20 of the Revised Code. 42,136
(c) The division shall notify the department of health of 42,139
the acknowledgment. If the original birth record is inconsistent
with the acknowledgment that has become final, on receipt of the 42,140
notice, the department of health shall, in accordance with 42,142
section 3705.09 of the Revised Code, prepare a new birth record
consistent with the acknowledgment that has become final and 42,143
substitute the new record for the original birth record. 42,144
(B)(1) No later than sixty days after the date of the 42,147
latest signature on an acknowledgment of paternity filed with the 42,148
division pursuant to division (A) of this section, either person 42,150
who signed the acknowledgment may rescind it by doing both of the 42,151
following:
(a) Requesting a determination of the existence or 42,154
nonexistence of a parent and child relationship pursuant to 42,155
section 3111.22 of the Revised Code with respect to the child who 42,157
is the subject of the acknowledgment.
(b) Notifying the division in writing that the party has 42,160
complied with the requirements of division (B)(1)(a) of this 42,162
section and the name of the child support enforcement agency 42,163
conducting the genetic tests. 42,164
On the same day that the division receives the notice 42,166
945
described in division (B)(1)(b) of this section, it shall contact 42,168
the agency indicated in the notice to verify that the party 42,169
sending the notice has complied with the requirements of division 42,170
(B)(1)(a) of this section. If the division verifies compliance 42,172
with division (B)(1)(a) of this section and the notice under 42,174
division (B)(1)(b) of this section was sent within the time limit 42,175
required by this division, the recision of the acknowledgment 42,176
shall be effective as of the date the division received the 42,177
notice. If the division is unable to verify that the requirement 42,178
of division (B)(1)(a) of this section has been met, the 42,180
acknowledgment shall not be rescinded.
(2) After an acknowledgment becomes final pursuant to this 42,182
section or section 2151.232 or 3111.211 of the Revised Code, a 42,183
man presumed to be the father of the child pursuant to section 42,185
3111.03 of the Revised Code who did not sign the acknowledgment,
either person who signed the acknowledgment, or a guardian or 42,186
legal custodian of the child may bring an action to rescind the 42,187
acknowledgment on the basis of fraud, duress, or material mistake 42,189
of fact. The court shall treat the action as an action to 42,190
determine the existence or nonexistence of a parent and child 42,191
relationship pursuant to sections 3111.01 to 3111.19 of the 42,192
Revised Code. An action pursuant to division (B)(2) of this 42,193
section shall be brought no later than one year after the 42,194
acknowledgment becomes final. The action may be brought in one 42,195
of the following courts in the county in which the child, the 42,196
guardian or custodian of the child, or either person who signed 42,197
the acknowledgment resides:
(a) The juvenile court; 42,199
(b) The domestic relations division of the court of common 42,202
pleas that has jurisdiction pursuant to section 2301.03 of the 42,203
Revised Code to hear and determine cases arising under Chapter 42,204
3111. of the Revised Code. 42,205
(C) A court or child support enforcement agency, whichever 42,208
is applicable, shall file the following with the division: 42,209
946
(1) An order issued pursuant to section 3111.13 of the 42,211
Revised Code on or after the effective date of this amendment. 42,213
(2) An order issued pursuant to section 3111.22 of the 42,216
Revised Code on or after the effective date of this amendment
that has become final and enforceable. 42,217
On the filing of an order pursuant to division (C) of this 42,220
section, the division shall enter the information on the order in 42,222
the birth registry pursuant to division (D) of this section. 42,223
(D)(1) The division of child support in the department of 42,226
human JOB AND FAMILY services shall establish and maintain a 42,227
birth registry that shall contain all of the following 42,228
information contained in orders determining the existence of a 42,229
parent and child relationship and acknowledgments of paternity 42,230
required to be filed with the division pursuant to division (A) 42,231
or (C) of this section: 42,232
(a) The names of the parents of the child subject to the 42,235
order or acknowledgment;
(b) The name of the child; 42,237
(c) The resident address of each parent and each parent's 42,240
social security number.
(2) The registry established pursuant to this section 42,242
shall be maintained as part of and be accessible through the 42,243
automated system created pursuant to section 5101.322 of the 42,244
Revised Code. The division shall make comparisons of the 42,245
information in the registry with the information maintained by 42,246
the department of human JOB AND FAMILY services pursuant to 42,247
sections 5101.312 and 5101.313 of the Revised Code. The 42,249
department shall make the comparisons in the manner and in the 42,250
time intervals required by the rules adopted pursuant to division 42,251
(E) of this section. 42,252
(E) The department DIRECTOR of human JOB AND FAMILY 42,255
services shall adopt rules pursuant to Chapter 119. of the 42,256
Revised Code to implement the requirements of this section that 42,257
are consistent with Title IV-D of the "Social Security Act," as 42,259
947
amended by the "Personal Responsibility and Work Opportunity 42,260
Reconciliation Act of 1996," 110 Stat. 2105., 42 U.S.C. 651 et 42,261
seq.
(F) As used in this section, "birth record" has the same 42,263
meaning as in section 3705.01 of the Revised Code. 42,264
Sec. 5101.315. (A) As used in this section: 42,273
(1) "Financial institution," "obligor," and "obligee" have 42,276
the same meanings as in section 3113.21 of the Revised Code. 42,278
(2) "Support order" has the same meaning as in section 42,281
2301.34 of the Revised Code. 42,282
(B) The division of child support in the department of 42,284
human JOB AND FAMILY services shall enter into an agreement with 42,285
at least one financial institution doing business in this state. 42,286
The agreement shall provide the division access to account 42,287
information specified in this section for the purposes of 42,288
establishing, modifying, or enforcing support orders. The 42,289
agreement shall specify the manner in which the information is to 42,290
be provided and shall require that the division be afforded 42,291
access to the following information each calendar quarter 42,292
concerning all obligors in default under support orders being 42,293
administered by child support enforcement agencies in this state 42,294
who maintain an account with the financial institution: 42,295
(1) The obligor's name; 42,297
(2) The obligor's address; 42,299
(3) The obligor's social security number or taxpayer 42,301
identification number; 42,302
(4) The type of account maintained by the obligor, such as 42,304
a savings, checking, or money market mutual fund account; 42,305
(5) Whether another person has an ownership interest in the 42,308
account, including a list of all persons having an ownership
interest in the account as reflected on the signature card or 42,309
similar document on file with the financial institution; 42,310
(6) Any other information agreed to by the parties. 42,312
(C) A financial institution that responds to a request or 42,315
948
provides information to the division pursuant to an agreement 42,317
entered into under this section shall be reimbursed for the
actual, reasonable costs incurred in responding to the request or 42,319
providing the information, including salaries, benefits, 42,320
equipment, computer software, and any modifications to processing 42,321
or record-keeping systems made necessary by this section. 42,322
(D) Information obtained from a financial institution 42,325
pursuant to an agreement entered into under division (B) of this 42,326
section is not a public record for the purposes of section 149.43 42,328
of the Revised Code. No person or government entity that obtains 42,330
information concerning an account holder from a financial 42,331
institution pursuant to an agreement under division (B) of this 42,332
section shall disclose the information for purposes other than 42,333
the establishment, modification, or enforcement of a support 42,334
order.
(E) Financial institutions or their officers, directors, 42,337
and employees shall not be subject to criminal or civil liability 42,338
for disclosing or releasing information concerning an account 42,339
holder to the division pursuant to an agreement entered into 42,340
under division (B) of this section, or for any other action taken 42,342
in good faith to comply with such an agreement, regardless of 42,343
whether such action was specifically authorized or described in 42,344
the agreement.
(F) The department DIRECTOR of human JOB AND FAMILY 42,347
services shall adopt rules pursuant to Chapter 119. of the 42,348
Revised Code that do the following:
(1) Govern the provisions of an agreement required 42,350
pursuant to this section and the procedure for entering into such 42,352
an agreement;
(2) Govern reimbursements under division (C) of this 42,354
section.
Sec. 5101.316. The department of human JOB AND FAMILY 42,363
services may enter into an agreement with a foreign country for 42,364
the establishment of and enforcement of support orders issued 42,365
949
under the laws of that country if that country, as part of the 42,366
agreement, agrees to enforce support orders issued under the laws 42,367
of this state. The department must provide services under the 42,368
program of support enforcement established pursuant to this 42,369
section to a foreign country with which the department has an 42,370
agreement under this section and to a foreign country declared to 42,371
be a foreign reciprocating country under section 459A of the 42,373
"Social Security Act," as amended by the "Personal Responsibility 42,378
and Work Opportunity Reconciliation Act of 1996," 110 Stat. 2105, 42,380
42 U.S.C. 659A, that requests the services. The department shall 42,381
provide the services without imposing an application fee or any 42,382
other cost on the foreign country or the obligee requesting the 42,383
services. The department may impose the application fee or other 42,385
costs on the obligor under the support order. The department 42,386
DIRECTOR OF JOB AND FAMILY SERVICES shall adopt rules pursuant to 42,388
Chapter 119. of the Revised Code governing the procedure for 42,390
entering into a contract pursuant to this section, the provisions 42,391
of the contract, and the provision of support enforcement 42,392
services, which rules shall be consistent with sections 454 and 42,393
459A of the "Social Security Act," as amended by the "Personal 42,394
Responsibility and Work Opportunity Reconciliation Act of 1996," 42,395
110 Stat. 2105, 42 U.S.C. 654 and 659A and regulations adopted 42,396
under the act.
Sec. 5101.317. (A) The department of human JOB AND FAMILY 42,405
services shall provide annual reviews of and reports to the 42,406
secretary of health and human services concerning programs 42,407
operated under Title IV-D of the "Social Security Act," 88 Stat. 42,409
2351 (1975), 42 U.S.C. 651, as amended by the "Personal 42,410
Responsibility and Work Opportunity Reconciliation Act of 1996," 42,412
110 Stat. 2105, pursuant to rules adopted by the department under 42,413
division (B) of this section.
(B) The department DIRECTOR of human JOB AND FAMILY 42,416
services shall adopt rules in accordance with Chapter 119. of the 42,417
Revised Code that establish the following: 42,418
950
(1) Procedures for annual reviews of and reports to the 42,420
secretary of health and human services on the programs operated 42,421
under Title IV-D of the "Social Security Act," as amended, 42,423
including information necessary to measure compliance with 42,424
federal requirements for expedited procedures;
(2) Procedures for transmitting data and calculations 42,426
regarding levels of accomplishment and rates of improvement for 42,427
paternity establishment and child support enforcement from the 42,428
automatic data processing system required under section 5101.322 42,429
of the Revised Code to the secretary of health and human 42,432
services.
Sec. 5101.319. (A) As used in this section: 42,443
(1) "Child support order" has the same meaning as in 42,445
section 2301.373 of the Revised Code. 42,446
(2) "Support order," "obligor," and "obligee" have the 42,448
same meaning as in section 2301.34 of the Revised Code. 42,451
(B) The division of child support in the department of 42,454
human JOB AND FAMILY services shall establish and maintain a case 42,455
registry of all support orders being administered or otherwise 42,456
handled by a child support enforcement agency. The registry 42,457
shall include all of the following information:
(1) The name, social security number, driver's license 42,459
number, other identification number, residence telephone number, 42,460
and date of birth of each obligor and obligee under a support 42,461
order; 42,462
(2) Payment information including the periodic support 42,464
amount due, arrearages, penalties for late payment, fees, amounts 42,466
collected, and amounts distributed under a support order; 42,467
(3) Liens imposed on real and personal property to recover 42,470
arrearages under a support order;
(4) With respect to a child support order, the name and 42,472
birthdate of each child subject to the order; 42,473
(5) Information obtained pursuant to an agreement under 42,475
section 5101.315 of the Revised Code; 42,476
951
(6) Any other information required by the department of 42,478
human services pursuant to rules adopted under division (F) of 42,480
this section.
(C) The registry established pursuant to this section 42,483
shall be maintained as part of the automated system created 42,484
pursuant to section 5101.322 of the Revised Code and shall be 42,486
accessed through the system. The division and each child support 42,487
enforcement agency shall monitor and update the registry, and 42,488
each agency shall enter the information described in division (B) 42,490
of this section in the registry in accordance with rules adopted 42,491
pursuant to division (F) of this section. 42,492
(D) The division shall make comparisons of the information 42,495
in the registry with the information maintained by the department 42,496
of human JOB AND FAMILY services pursuant to sections 5101.312
and 5101.314 of the Revised Code. The division shall make the 42,499
comparisons in the manner and in the time intervals required by 42,500
the rules adopted pursuant to division (F) of this section. The 42,501
division shall make reports of information in the registry to 42,502
other entities of the state, the federal government, and other 42,503
states as required by the rules adopted pursuant to division (F) 42,505
of this section.
(E)(1) Each child support enforcement agency shall enter 42,508
information into the case registry and maintain and update that 42,509
information consistent with sections 454 and 454A of the "Social 42,510
Security Act" as amended by the "Personal Responsibility and Work 42,512
Opportunity Reconciliation Act of 1996," 110 Stat. 2105, 42 42,513
U.S.C. 654 and 654A and any federal regulations adopted under the 42,515
act.
(2) The division and each child support enforcement agency 42,518
shall monitor the registry consistent with sections 454 and 454A 42,519
of the "Social Security Act" as amended by the "Personal 42,521
Responsibility and Work Opportunity Reconciliation Act of 1996," 42,522
and any federal regulations adopted under the act. 42,523
(3) The division shall make comparisons of information in 42,526
952
the case registry with information maintained by the department 42,527
pursuant to sections 5101.312 and 5101.314 of the Revised Code 42,529
and provide information in the case registry to other entities of 42,530
the state, the federal government, and other states consistent 42,531
with sections 453A(f), 454(16) and (28), 454A(f), and 42,533
466(a)(5)(M) of the "Social Security Act" as amended by the
"Personal Responsibility and Work Opportunity Reconciliation Act 42,535
of 1996," 42 U.S.C. 653A(f), 654(16) and (28), 654A(f), and 42,536
666(a)(5)(M) and any federal regulations adopted under the act. 42,537
(F) The department DIRECTOR of human JOB AND FAMILY 42,540
services shall adopt rules in accordance with Chapter 119. of the 42,541
Revised Code that do both of the following: 42,542
(1) Establish procedures governing actions required by 42,544
division (E) of this section; 42,545
(2) Designate any additional information that must be 42,547
placed in the case registry consistent with section 454A(e)(3) of 42,549
the "Social Security Act" as amended by the "Personal 42,550
Responsibility and Work Opportunity Reconciliation Act of 1996," 42,551
42 U.S.C. 654A(e)(3) and any federal regulations adopted under 42,552
the act.
Sec. 5101.32. The division of child support created in the 42,562
department of human JOB AND FAMILY services under section 5101.31 42,563
of the Revised Code shall work with the secretary of the treasury 42,564
to collect past-due child support from refunds of paid federal 42,565
taxes that are payable to the individual who owes the past-due
support in accordance with section 664 of Title IV-D of the 42,566
"Social Security Act," 95 Stat. 860 (1981), 42 U.S.C. 664, as 42,567
amended. The division DIRECTOR OF JOB AND FAMILY SERVICES shall 42,568
adopt rules in accordance with Chapter 119. of the Revised Code 42,569
to establish procedures necessary to obtain payments of past-due 42,570
support from federal tax overpayments made to the secretary. 42,571
Sec. 5101.321. (A) The division of child support created 42,580
in the department of human JOB AND FAMILY services under section 42,581
5101.31 of the Revised Code shall work with the tax commissioner 42,582
953
to collect overdue child support from refunds of paid state 42,583
income taxes under Chapter 5747. of the Revised Code that are 42,584
payable to obligors. 42,585
(B) No overdue child support shall be collected from 42,587
refunds of paid state income taxes as provided in division (A) of 42,588
this section unless all of the following conditions are met: 42,589
(1) Any reduction authorized by section 5747.12 of the 42,591
Revised Code has first been made, except as otherwise provided in 42,592
division (B) of this section; 42,593
(2) The refund payable to the obligor is not less than 42,595
twenty-five dollars after any reduction pursuant to section 42,596
5747.12 of the Revised Code; 42,597
(3) The obligor is not less than three months in arrears 42,599
in his THE OBLIGOR'S payment of child support and the amount of 42,600
the arrearage is not less than one hundred fifty dollars. 42,602
Overdue child support shall be collected from such refunds 42,604
before any part of the refund is used as a contribution pursuant 42,605
to section 5747.113 of the Revised Code. Overdue child support 42,606
shall be collected from such refunds before the refund or any 42,607
part of the refund is credited against tax due in any subsequent 42,608
year pursuant to section 5747.12 of the Revised Code, 42,609
notwithstanding the consent of the obligor for such crediting. 42,610
(C) The division DIRECTOR OF JOB AND FAMILY SERVICES, in 42,612
conjunction with the tax commissioner, shall adopt rules, 42,613
pursuant to Chapter 119. of the Revised Code, to establish 42,614
procedures to implement this section. These procedures shall 42,615
embody principles of due process of law, including, but not 42,616
limited to, notices to interested parties and opportunities to be 42,617
heard prior to the reduction of any state income tax refund. 42,618
(D) As used in this section, "obligor" means a person who 42,620
owes "overdue support," as defined in section 666 of Title IV-D 42,621
of the "Social Security Act," 98 Stat. 1306 (1984), 42 U.S.C. 42,622
666, as amended, and any rules promulgated under Title IV-D. 42,623
Sec. 5101.322. (A) The department of human JOB AND FAMILY 42,632
954
services shall establish and maintain a statewide, automated data 42,633
processing system in compliance with Title IV-D of the "Social 42,634
Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended by 42,635
the "Personal Responsibility and Work Opportunity Reconciliation 42,637
Act of 1996," 110 Stat. 2105, to support the enforcement of child 42,638
support that shall be implemented in every county. Every county 42,639
shall accept the automated system and, in accordance with the 42,641
written instructions of the department for the implementation of 42,642
the automated system, shall convert to the automated system all 42,643
records that are maintained by any county entity and that are 42,644
related to any case for which a local agency is enforcing a child 42,645
support order in accordance with Title IV-D of the "Social 42,646
Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended by 42,647
the "Personal Responsibility and Work Reconciliation Act of 42,649
1996," 110 Stat. 2105.
(B) The department DIRECTOR OF JOB AND FAMILY SERVICES 42,651
shall adopt rules pursuant to Chapter 119. of the Revised Code 42,653
concerning access to, and use of, data maintained in the 42,654
automated system that do the following:
(1) Permit access to and use of data only to the extent 42,656
necessary to carry out programs under Title IV-D of the "Social 42,658
Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended by 42,659
the "Personal Responsibility and Work Opportunity Reconciliation 42,660
Act of 1996," 110 Stat. 2105, and specify the data that may be 42,661
used for particular program purposes, and the personnel permitted 42,662
access to the data; 42,663
(2) Require monitoring of access to and use of the 42,665
automated system to prevent and promptly identify unauthorized 42,666
use; 42,667
(3) Establish procedures to ensure that all personnel who 42,669
may have access to or be required to use data are informed of 42,670
applicable requirements and penalties and have been trained in 42,671
security procedures; 42,672
(4) Establish administrative penalties, up to and 42,674
955
including dismissal from employment, for unauthorized access to, 42,675
or disclosure or use of, data. 42,676
Sec. 5101.323. (A)(1) The division of child support in 42,686
the department of human JOB AND FAMILY services shall establish a 42,687
program to increase child support collections by publishing and 42,688
distributing a series of posters displaying child support 42,689
obligors who are delinquent in their support payments. Each 42,690
poster shall display photographs of, and information about, ten 42,691
obligors who are liable for support arrearages and whose 42,692
whereabouts are unknown to child support enforcement agencies. 42,693
Each poster shall list a toll-free telephone number for the 42,694
division of child support that may be called to report 42,695
information regarding the whereabouts of any of the obligors 42,696
displayed on a poster. The division may include any other 42,697
information on the poster that it considers appropriate. 42,698
(2) Any child support enforcement agency that chooses to 42,700
participate in the poster program established under division 42,701
(A)(1) of this section may submit names of obligors that meet the 42,702
criteria in division (B) of this section to the division. The 42,703
division shall select obligors to be displayed on a poster from 42,704
the names submitted by the agencies. 42,705
(3) The division shall send notice to each obligor whose 42,707
name was submitted to be displayed on the poster. The notice 42,708
shall be sent by regular mail to the obligor's last known address 42,709
and shall state that the obligor may avoid being included on the 42,710
poster by doing all of the following within ninety days after 42,711
receipt of the notice: 42,712
(a) Make a payment to the division of child support or, 42,715
pursuant to division (H)(4) of section 2301.35 of the Revised
Code, the child support enforcement agency that is at least equal 42,717
to the amount of support the obligor is required to pay each 42,718
month under the support order;
(b) Provide the child support enforcement agency with the 42,720
obligor's current address; 42,721
956
(c) Provide the agency with evidence from each of the 42,723
obligor's current employers of the obligor's current wages, 42,724
salary, and other compensation; 42,725
(d) Provide the agency with evidence that the obligor has 42,727
arranged for withholding from the obligor's wages, salary, or 42,728
other compensation to pay support and for payment of arrearages. 42,729
(4) The child support enforcement agency shall determine 42,731
whether any obligor whose name was submitted to be displayed on a 42,732
poster has met all the conditions of division (A)(3) of this 42,733
section. If it determines that an obligor has done so, it shall 42,734
give the division notice of its determination. On receipt of the 42,735
notice from the agency, the division shall remove the obligor 42,736
from the list of obligors submitted by that agency before making 42,737
the final selection of obligors for the poster. 42,738
(5) The division shall publish and distribute the first 42,740
set of posters throughout the state not later than October 1, 42,741
1992. The division shall publish and distribute subsequent sets 42,742
of posters not less than twice annually. 42,743
(B) A child support enforcement agency may submit the name 42,745
of a delinquent obligor to the division for inclusion on a poster 42,746
only if all of the following apply: 42,747
(1) The obligor is subject to a support order and there 42,749
has been an attempt to enforce the order through a public notice, 42,750
a wage withholding order, a lien on property, a financial 42,751
institution deduction order, or other court-ordered procedures. 42,752
(2) The department of human JOB AND FAMILY services 42,754
reviewed the obligor's records and confirms the child support 42,755
enforcement agency's finding that the obligor's name and 42,756
photograph may be submitted to be displayed on a poster. 42,757
(3) The agency does not know or is unable to verify the 42,759
obligor's whereabouts. 42,760
(4) The obligor is not a participant in Ohio works first 42,762
or the prevention, retention, and contingency program or a 42,763
recipient of disability assistance, supplemental security income, 42,764
957
or food stamps. 42,765
(5) The child support enforcement agency does not have 42,767
evidence that the obligor has filed for protection under the 42,768
federal Bankruptcy Code, 11 U.S.C.A. 101, as amended. 42,769
(6) The obligee gave written authorization to the agency 42,771
to display the obligor on a poster. 42,772
(7) A legal representative of the agency and a child 42,774
support enforcement administrator reviewed the case. 42,775
(8) The agency is able to submit to the department a 42,777
description and photograph of the obligor, a statement of the 42,778
possible locations of the obligor, and any other information 42,779
required by the department. 42,780
(C) When the agency submits the name of an obligor to the 42,782
division, it also shall submit the photograph and information 42,783
described in division (B)(8) of this section. It shall not 42,784
submit to the division the address of the obligee or any other 42,785
personal information about the obligee. 42,786
(D) In accordance with Chapter 119. of the Revised Code, 42,788
the division DIRECTOR OF JOB AND FAMILY SERVICES shall adopt 42,789
rules for the operation of the poster program under this section. 42,790
The rules shall specify the following: 42,792
(1) Criteria and procedures for the division to use in 42,794
reviewing the names of obligors submitted by child support 42,795
enforcement agencies to be displayed on a poster and selecting 42,796
the delinquent obligors to be included on a poster; 42,797
(2) Procedures for providing the notice specified in 42,799
division (A)(3) of this section; 42,800
(3) Any other procedures necessary for the operation of 42,802
the poster program. 42,803
(E) The division shall use funds appropriated by the 42,805
general assembly for child support administration to conduct the 42,806
poster program under this section. 42,807
Sec. 5101.324. (A) The department DIRECTOR of human JOB 42,817
AND FAMILY services, in accordance with Chapter 119. of the 42,818
958
Revised Code, shall adopt rules governing a child support 42,819
enforcement agency in establishing a paternity compliance unit 42,820
and in adopting a paternity compliance plan pursuant to section 42,821
2301.357 of the Revised Code. The rules shall include, but shall 42,822
not be limited to, provisions for the following: 42,823
(1) The procedure an agency shall follow to adopt and 42,825
submit a paternity plan to the department of human JOB AND FAMILY 42,827
services;
(2) The information an agency shall include in its adopted 42,829
paternity compliance plan, including, but not limited to, the 42,830
manner in which the agency will service Title IV-D cases in 42,831
accordance with federally mandated timeframes and the manner in 42,832
which the agency intends to service more cases in order to meet 42,833
the federal requirements; 42,834
(3) A requirement that all plans adopted by an agency 42,836
include establishing a paternity compliance unit; 42,837
(4) Any other procedures or requirements the department 42,839
DIRECTOR decides are necessary to adopt a paternity compliance 42,840
plan and to establish a paternity compliance unit. 42,842
(B) The department of human JOB AND FAMILY services shall 42,844
report annually to the speaker of the house of representatives 42,846
and the president of the senate regarding the paternity 42,847
compliance plans and paternity compliance units and the progress 42,848
the county agencies have made toward meeting the federal 42,849
requirements for quickly and efficiently establishing parent and 42,850
child relationships due to the paternity compliance plans and 42,851
units. The report shall include statistics on how long a case 42,852
takes to establish paternity and the result of each request for a 42,853
determination of the existence or nonexistence of paternity. 42,854
(C) The department of human JOB AND FAMILY services shall 42,856
prepare pamphlets that discuss the benefit of establishing a 42,857
parent and child relationship, the proper procedure for 42,858
establishing a parent and child relationship between a father and 42,859
his child, and a toll-free telephone number that interested 42,860
959
persons may call for more information regarding the procedures 42,861
for establishing a parent and child relationship. The department 42,862
shall make available the pamphlets and affidavits and statements 42,863
described in division (D) of this section to the department of 42,864
health, to each hospital it has a contract with pursuant to 42,865
section 3727.17 of the Revised Code, and to any individual who 42,866
requests a pamphlet.
(D)(1) The department of human JOB AND FAMILY services 42,868
shall prepare an acknowledgment of paternity affidavit that 42,869
includes in boldface type at the top of the affidavit the rights 42,870
and responsibilities of and the due process safeguards afforded 42,872
to a person who acknowledges that he is the natural father of a 42,873
child, including that if an alleged father acknowledges a parent 42,874
and child relationship he assumes the parental duty of support, 42,875
that both signators waive any right to bring an action pursuant 42,877
to sections 3111.01 to 3111.19 of the Revised Code or make a
request pursuant to section 3111.22 of the Revised Code, other 42,878
than for purposes of rescinding the acknowledgment pursuant to 42,879
division (B) of section 5101.314 of the Revised Code in order to
ensure expediency in resolving the question of the existence of a 42,881
parent and child relationship, that either parent may rescind the 42,882
acknowledgment pursuant to division (B) of section 5101.314 of 42,883
the Revised Code, and that the natural father has the right to 42,884
petition a court pursuant to section 3109.12 of the Revised Code 42,885
for an order granting him reasonable visitation with respect to 42,886
the child and to petition the court for custody of the child 42,887
pursuant to section 2151.23 of the Revised Code. The affidavit 42,888
shall include all of the following: 42,889
(a) Basic instructions for completing the form, including 42,892
instructions that both the natural father and the mother or other 42,893
legal guardian or custodian of the child are required to sign the 42,894
statement, that they may sign the statement without being in each 42,895
other's presence, and that the signatures must be notarized. 42,897
(b) Blank spaces to enter the full name, social security 42,900
960
number, date of birth and address of each parent; 42,901
(c) Blank spaces to enter the full name, date of birth, 42,904
and the residence of the child;
(d) A blank space to enter the name of the hospital or 42,907
department of health code number assigned to the hospital, for 42,908
use in situations in which the hospital fills out the form 42,909
pursuant to section 3727.17 of the Revised Code; 42,910
(e) An affirmation by the mother that the information she 42,913
supplied is true to the best of her knowledge and belief and that 42,914
she is the natural mother of the child named on the form and 42,915
assumes the parental duty of support of the child; 42,916
(f) An affirmation by the father that the information he 42,919
supplied is true to the best of his knowledge and belief, that he 42,920
has received information regarding his legal rights and 42,921
responsibilities, that he consents to the jurisdiction of the 42,922
courts of this state, and that he is the natural father of the 42,923
child named on the form and assumes the parental duty of support 42,924
of the child;
(g) Signature lines for the mother or other legal guardian 42,927
or custodian of the child and the natural father; 42,928
(h) Signature lines for the notary public; 42,930
(i) An instruction to include or attach any other evidence 42,933
necessary to complete the new birth record that is required by 42,934
the department by rule.
(2) The department DIRECTOR of human JOB AND FAMILY 42,937
services, in consultation with the department of health, shall 42,938
adopt rules specifying additional evidence necessary to complete 42,940
a new birth record that is required to be included with an 42,941
acknowledgment of paternity affidavit.
(3) The department of human JOB AND FAMILY services shall 42,943
make available the affidavit acknowledging paternity to each 42,944
county child support enforcement agency, the department of 42,946
health, and any other person or agency that requests copies. 42,947
Sec. 5101.325. (A)(1) Except as provided in division (H) 42,957
961
of section 2301.35 of the Revised Code, the division of child 42,959
support in the department of human JOB AND FAMILY services shall 42,960
be the sole agency of the state responsible for the collection of 42,961
all support payments due under support orders and the 42,962
disbursement of the payments to obligees. The division shall 42,963
make collections and disbursements in compliance with rules 42,964
adopted pursuant to division (F) of this section. 42,965
(2) In order to comply with its collection and 42,967
disbursement responsibilities, the division may require the 42,968
director of each child support enforcement agency to authorize 42,969
the division to use that director's facsimile signature if the 42,970
division determines the signature's use is necessary. An agency 42,971
director shall not be subject to civil or criminal liability for
any damage or injury to persons or property that result from the 42,972
use of the facsimile signature by the state. 42,973
(B)(1) The division shall collect the charge imposed on 42,975
the obligor under the support order pursuant to division (G)(1) 42,976
of section 2301.35 of the Revised Code. If an obligor fails to 42,978
pay the required amount with each current support payment due in 42,979
increments specified under the support order, the division shall 42,980
maintain a separate arrearage account of that amount for that 42,981
obligor. The division shall not deduct the unpaid amount from 42,982
any support payment due to the obligee in increments specified 42,983
under the support order. If an obligor pays the required amount, 42,984
the division is not required to apply that payment toward any 42,985
arrearages under the support payment. 42,986
(2) The division, on receipt of program income from a 42,988
child support enforcement agency under section 3111.99 or 3113.99 42,989
of the Revised Code, shall place it in the program income fund 42,990
established pursuant to division (E) of this section. 42,991
(3) All charge amounts collected pursuant to division 42,993
(B)(1) of this section shall be placed in the program income fund 42,995
established pursuant to division (E) of this section. On receipt 42,997
of the charges, the division shall determine the charge amounts 42,998
962
collected from obligors under support orders being administered 42,999
by a child support enforcement agency in each county and shall 43,000
distribute quarterly to each such agency an amount equal to the 43,001
charges attributable to the agency. No charge amounts collected 43,003
pursuant to this division shall be used by the division or an 43,004
agency for any purpose other than the provision of funds for 43,005
support enforcement activities.
(C) The division may enter into contracts with public 43,008
entities or private vendors for the collection of amounts due 43,009
under support orders or for the performance of other 43,010
administrative duties of the division. The division may contract 43,011
with a public or private entity for the collection of arrearages 43,012
owed under any child support order for which a court or a child 43,014
support enforcement agency has found the obligor in default 43,015
pursuant to a final and enforceable order issued pursuant to 43,016
division (B) of section 3113.21 of the Revised Code. Each 43,017
contract shall comply with the rules adopted pursuant to division 43,019
(F) of this section.
(D) The division shall maintain a separate account for the 43,022
deposit of support payments it receives as trustee for remittance 43,023
to the persons entitled to receive the support payments. The 43,024
division shall disburse each support payment received by it to 43,026
the appropriate persons pursuant to division (C) of section
3113.211 of the Revised Code. The division shall comply with 43,028
rules adopted under division (F) of this section to assist in the 43,029
implementation of this division. The division shall retain and
use solely for support enforcement activities, all interest 43,031
earned on moneys in any account maintained pursuant to this 43,032
division.
(E) The program income fund is hereby created in the state 43,034
treasury. The fund shall consist of charge amounts collected 43,036
under division (B)(1) of this section and program income 43,037
collected under division (B)(2) of this section, division (E) of 43,038
section 3111.99 of the Revised Code, and division (E) of section 43,039
963
3113.99 of the Revised Code, and any other program income. The 43,040
funds shall be used by the division of child support and child 43,041
support enforcement agencies for purposes of providing funds for 43,042
child support enforcement activities. 43,043
(F) The department DIRECTOR of human JOB AND FAMILY 43,046
services, pursuant to Chapter 119. of the Revised Code shall 43,047
adopt rules that do all of the following: 43,048
(1) Govern collection and disbursement of child support 43,050
amounts in compliance with sections 454, 454B, and 466 of the 43,052
"Social Security Act," as amended by the "Personal Responsibility 43,053
and Work Opportunity Reconciliation Act of 1996," 110 Stat. 2105, 43,054
42 U.S.C. 654, 654B, and 666, and any regulations adopted under 43,056
the act;
(2) Governing the method of sending processing charge 43,058
amounts to child support enforcement agencies; 43,059
(3) Assist in the implementation of separate accounts for 43,061
support payments received by the division; 43,062
(4) Govern the process of entering into and the provisions 43,065
of contracts described in division (C) of this section. 43,066
Sec. 5101.326. The division of child support in the 43,076
department of human JOB AND FAMILY services may ask the secretary
of the treasury for, and may enter into a reciprocal agreement 43,077
with the secretary to obtain, administrative offsets to collect 43,078
past due child support amounts in accordance with the "Debt
Collection Improvement Act of 1996," 110 Stat. 1321, 31 3716(a) 43,080
and (h). The division DIRECTOR OF JOB AND FAMILY SERVICES shall 43,081
adopt rules in accordance with Chapter 119. of the Revised Code 43,082
to establish procedures necessary to receive the administrative 43,083
offsets.
Sec. 5101.327. (A) As used in this section, "support 43,092
order" has the same meaning as in section 2301.34 of the Revised 43,094
Code. The requirements of this section are effective on the 43,096
earlier of the date that all support orders have been converted 43,097
to the automated data processing system under section 5101.322 of 43,098
964
the Revised Code and the division of child support in the 43,099
department of human JOB AND FAMILY services authorizes 43,100
centralized collection and disbursement of support amounts under 43,102
the support order pursuant to the rules adopted under division 43,103
(F)(1) of section 5101.325 of the Revised Code or July 1, 1999. 43,105
(B) The director of commerce shall provide the division no 43,108
later than the first day of March of each year, the name, 43,110
address, social security number, if the social security number is 43,111
available, and any other identifying information for any 43,112
individual included in a request sent by the division pursuant to 43,113
division (C) of this section who has unclaimed funds delivered or 43,115
reported to the state under Chapter 169. of the Revised Code. 43,116
(C) The division shall, no later than the first day of 43,118
February of each year, send to the director of commerce a request 43,120
containing the name, address, and social security number of all 43,121
obligors in default under a support order being administered by a 43,122
child support enforcement agency of this state and requests that 43,123
the director provide information to the division as required in 43,124
division (B) of this section. If the information the director 43,126
provides identifies or results in identifying unclaimed funds 43,127
held by the state for an obligor in default, the division shall 43,128
file a claim under section 169.08 of the Revised Code to recover
the unclaimed funds. If the director allows the claim, the 43,129
director shall pay the claim directly to the division. The 43,130
director shall not disallow a claim made by the division because 43,131
the division is not the owner of the unclaimed funds according to 43,132
the report made pursuant to section 169.03 of the Revised Code. 43,133
(D) The department DIRECTOR of human JOB AND FAMILY 43,136
services, in consultation with the department of commerce, may
adopt rules in accordance with Chapter 119. of the Revised Code 43,138
to aid in implementation of this section.
Sec. 5101.33. (A) As used in this section, " benefits" 43,147
means any of the following: 43,148
(1) Cash assistance paid under Chapter 5107. or 5115. of 43,151
965
the Revised Code;
(2) Food stamp benefits provided under section 5101.54 of 43,153
the Revised Code;
(3) Any other program administered by the department of 43,156
human JOB AND FAMILY services under which assistance is provided 43,158
or service rendered;
(4) Any other program, service, or assistance administered 43,160
by a person or government entity that the department determines 43,162
may be delivered through the medium of electronic benefit 43,163
transfer.
(B) The department of human JOB AND FAMILY services may 43,165
make any payment or delivery of benefits to eligible individuals 43,168
through the medium of electronic benefit transfer by doing all of
the following: 43,169
(1) Contracting with an agent to supply debit cards to the 43,171
department of human JOB AND FAMILY services for use by such 43,172
individuals in accessing their benefits and to credit such cards 43,175
electronically with the amounts specified by the director of 43,177
human JOB AND FAMILY services pursuant to law;
(2) Informing such individuals about the use of the 43,179
electronic benefit transfer system and furnishing them with debit 43,180
cards and information that will enable them to access their 43,181
benefits through the system; 43,182
(3) Arranging with specific financial institutions or 43,184
vendors, county departments of human JOB AND FAMILY services, or 43,185
persons or government entities for individuals to have their 43,188
cards credited electronically with the proper amounts at their 43,190
facilities;
(4) Periodically preparing vouchers for the payment of 43,192
such benefits by electronic benefit transfer; 43,193
(5) Satisfying any applicable requirements of federal and 43,195
state law.
(C) The department may enter into a written agreement with 43,198
any person or government entity to provide benefits administered
966
by that person or entity through the medium of electronic benefit 43,200
transfer. A written agreement may require the person or 43,201
government entity to pay to the department either or both of the 43,202
following:
(1) A charge that reimburses the department for all costs 43,204
the department incurs in having the benefits administered by the 43,205
person or entity provided through the electronic benefit transfer 43,206
system;
(2) A fee for having the benefits provided through the 43,208
electronic benefit transfer system. 43,209
(D) The department may designate which counties will 43,211
participate in the medium of electronic benefit transfer, specify 43,212
the date a designated county will begin participation, and 43,213
specify which benefits will be provided through the medium of 43,214
electronic benefit transfer in a designated county. 43,215
(E) The department may adopt rules in accordance with 43,217
Chapter 119. of the Revised Code for the efficient administration 43,218
of this section. 43,219
Sec. 5101.34. (A) There is hereby created in the 43,229
department of human JOB AND FAMILY services the Ohio commission 43,231
on fatherhood. The commission shall consist of the following 43,232
members:
(1)(a) Four members of the house of representatives 43,234
appointed by the speaker of the house, not more than two of whom 43,235
are members of the same political party. Two of the members must 43,236
be from legislative districts that include a county or part of a 43,237
county that is among the one-third of counties in this state with 43,238
the highest number per capita of households headed by females. 43,239
(b) Two members of the senate appointed by the president 43,241
of the senate, each from a different political party. One of the 43,242
members must be from a legislative district that includes a 43,244
county or part of a county that is among the one-third of 43,245
counties in this state with the highest number per capita of 43,246
households headed by females.
967
(2) The governor, or the governor's designee; 43,248
(3) One representative of the judicial branch of 43,250
government appointed by the chief justice of the supreme court; 43,252
(4) The directors of health, human JOB AND FAMILY 43,254
services, rehabilitation and correction, and youth services and 43,255
the superintendent of public instruction, or their designees; 43,256
(5) One representative of the Ohio family and children 43,259
first cabinet council created under section 121.37 of the Revised 43,261
Code appointed by the chairperson of the council; 43,262
(6) Five representatives of the general public appointed 43,264
by the governor. These members shall have extensive experience 43,265
in issues related to fatherhood. 43,266
(B) The appointing authorities of the Ohio commission on 43,269
fatherhood shall make initial appointments to the commission 43,270
within thirty days after the effective date of this section. Of 43,271
the initial appointments to the commission made pursuant to 43,272
divisions (A)(3), (5), and (6) of this section, three of the 43,274
members shall serve a term of one year and four shall serve a 43,275
term of two years. Members so appointed subsequently shall serve 43,276
two-year terms. A member appointed pursuant to division (A)(1) 43,278
of this section shall serve on the commission until the end of 43,279
the general assembly from which the member was appointed or until 43,280
the member ceases to serve in the chamber of the general assembly 43,281
in which the member serves at the time of appointment, whichever 43,282
occurs first. The governor or the governor's designee shall 43,283
serve on the commission until the governor ceases to be governor. 43,284
The directors and superintendent or their designees shall serve 43,285
on the commission until they cease, or the director or 43,287
superintendent a designee represents ceases, to be director or 43,288
superintendent. Each member shall serve on the commission from 43,289
the date of appointment until the end of the term for which the 43,290
member was appointed. Members may be reappointed. 43,291
Vacancies shall be filled in the manner provided for 43,294
original appointments. Any member appointed to fill a vacancy 43,295
968
occurring prior to the expiration date of the term for which the 43,296
member's predecessor was appointed shall serve on the commission 43,297
for the remainder of that term. A member shall continue to serve 43,298
on the commission subsequent to the expiration date of the 43,299
member's term until the member's successor is appointed or until 43,300
a period of sixty days has elapsed, whichever occurs first. 43,301
Members shall serve without compensation but shall be reimbursed 43,302
for necessary expenses.
Sec. 5101.341. (A) The Ohio commission on fatherhood 43,311
annually shall elect a chairperson from among its members. The 43,312
department of human JOB AND FAMILY services shall provide staff 43,313
and other support services for the commission. 43,315
(B) The commission may accept gifts, grants, donations, 43,318
contributions, benefits, and other funds from any public agency 43,319
or private source to carry out any or all of the commission's 43,320
duties. The funds shall be deposited into the Ohio commission on 43,321
fatherhood fund, which is hereby created in the state treasury. 43,322
All gifts, grants, donations, contributions, benefits, and other 43,323
funds received by the commission pursuant to this division shall 43,324
be used solely to support the operations of the commission. 43,325
Sec. 5101.36. Any application for public assistance gives 43,334
a right of subrogation to the department of human JOB AND FAMILY 43,335
services for any workers' compensation benefits payable to a 43,336
person who is subject to a support order, as defined in section 43,337
2301.34 of the Revised Code or to an administrative support 43,338
order, as defined in section 3111.20 of the Revised Code, on 43,339
behalf of the applicant, to the extent of any public assistance 43,340
payments made on the applicant's behalf. If the director of 43,341
human JOB AND FAMILY services, in consultation with a child 43,342
support enforcement agency and the administrator of the bureau of 43,343
workers' compensation, determines that a person responsible for 43,344
support payments to a recipient of public assistance is receiving 43,345
workers' compensation, the director shall notify the 43,346
administrator of the amount of the benefit to be paid to the 43,347
969
department of human JOB AND FAMILY services.
For purposes of this section, "public assistance" means 43,349
medical assistance provided through the medical assistance 43,350
program established under section 5111.01 of the Revised Code, 43,351
Ohio works first provided under Chapter 5107. of the Revised 43,354
Code, prevention, retention, and contingency assistance provided
under Chapter 5108. of the Revised Code, or disability assistance 43,355
provided under Chapter 5115. of the Revised Code. 43,357
Sec. 5101.44. The department of human JOB AND FAMILY 43,366
services may call an annual conference, of the officials 43,367
specified in section 5101.45 of the Revised Code and 43,368
representatives of the various social agencies in the state, to 43,369
be known as the "Ohio welfare conference." The conference shall: 43,370
(A) Facilitate discussion of the problems and methods of 43,372
practical human improvement; 43,373
(B) Increase the efficiency of agencies and institutions 43,375
devoted to this cause; 43,376
(C) Disseminate information; 43,378
(D) Consider such other subjects of general social 43,380
importance as may be determined upon by the conference itself. 43,381
The conference shall organize by the election of officers, 43,383
the appointment of the proper committees, and the adoption of 43,384
rules. The department may also call other conferences, at any 43,385
time or place, for the consideration of problems relating to any 43,386
particular group of institutions and agencies. 43,387
Sec. 5101.45. The necessary expenses of such officers and 43,396
employees of the state, county, and municipal boards, benevolent 43,398
and correctional institutions, officials responsible for the 43,400
administration of public funds used for the relief and 43,402
maintenance of the poor, officials authorized to administer 43,403
probation laws, and members of the boards of county visitors as 43,404
are invited by the department of human JOB AND FAMILY services to 43,406
the conferences provided for in section 5101.44 of the Revised 43,408
Code, shall be paid from any fund available for their respective 43,410
970
offices, boards, and institutions, provided they first procure a 43,411
certificate from the director of human JOB AND FAMILY services as 43,412
evidence that they were invited to and were in attendance at the 43,413
sessions of such conferences.
Sec. 5101.46. (A) As used in this section: 43,422
(1) "Title XX" means Title XX of the "Social Security 43,425
Act," 88 Stat. 2337 (1974), 42 U.S.C.A. 1397, as amended. 43,427
(2) "Respective local agency" means, with respect to the 43,430
department of human JOB AND FAMILY services, a county department 43,431
of human JOB AND FAMILY services; with respect to the department 43,432
of mental health, a board of alcohol, drug addiction, and mental 43,433
health services; and with respect to the department of mental 43,434
retardation and developmental disabilities, a county board of 43,435
mental retardation and developmental disabilities. 43,436
(3) "Federal poverty guidelines" means the poverty 43,439
guidelines as revised annually by the United States department of 43,440
health and human services in accordance with section 673(2) of 43,441
the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42 43,443
U.S.C.A. 9902, as amended, for a family size equal to the size of 43,445
the family of the person whose income is being determined. 43,446
(B) The departments of human JOB AND FAMILY services, 43,448
mental health, and mental retardation and developmental 43,449
disabilities, with their respective local agencies, shall 43,450
administer the provision of social services funded through grants 43,452
made under Title XX. The social services furnished with Title XX 43,453
funds shall be directed at the following goals: 43,454
(1) Achieving or maintaining economic self-support to 43,456
prevent, reduce, or eliminate dependency; 43,457
(2) Achieving or maintaining self-sufficiency, including 43,459
reduction or prevention of dependency; 43,460
(3) Preventing or remedying neglect, abuse, or 43,462
exploitation of children and adults unable to protect their own 43,463
interests, or preserving, rehabilitating, or reuniting families; 43,464
(4) Preventing or reducing inappropriate institutional 43,466
971
care by providing for community-based care, home-based care, or 43,467
other forms of less intensive care; 43,468
(5) Securing referral or admission for institutional care 43,470
when other forms of care are not appropriate, or providing 43,471
services to individuals in institutions. 43,472
(C)(1) All federal funds received under Title XX shall be 43,475
appropriated as follows:
(a) Seventy-two and one-half per cent to the department of 43,478
human JOB AND FAMILY services;
(b) Twelve and ninety-three one-hundreths per cent to the 43,481
department of mental health;
(c) Fourteen and fifty-seven one-hundreths per cent to the 43,484
department of mental retardation and developmental disabilities. 43,485
(2) Each state department shall, subject to the approval 43,488
of the controlling board, develop formulas for the distribution 43,489
of their Title XX appropriations to their respective local 43,491
agencies. The formulas shall take into account the total 43,492
population of the area that is served by the agency, the 43,493
percentage of the population in the area that falls below the 43,494
federal poverty guidelines, and the agency's history of and
ability to utilize Title XX funds. 43,495
(3) Each of the state departments shall expend no more 43,498
than three per cent of its Title XX appropriation for state 43,499
administrative costs. Each of the department's respective local 43,500
agencies shall expend no more than fourteen per cent of its Title 43,502
XX appropriation for local administrative costs.
(4) The department of human JOB AND FAMILY services shall 43,504
expend no more than two per cent of its Title XX appropriation 43,507
for the training of the following: 43,508
(a) Employees of county departments of human JOB AND 43,510
FAMILY services; 43,511
(b) Providers of services under contract with the state 43,514
departments' respective local agencies;
(c) Employees of a public children services agency 43,516
972
directly engaged in providing Title XX services. 43,519
(D) The department of human JOB AND FAMILY services shall 43,522
prepare a biennial comprehensive Title XX social services plan on 43,524
the intended use of Title XX funds. The department shall develop 43,525
a method for obtaining public comment during the development of 43,526
the plan and following its completion. 43,527
For each state fiscal year, the department of human JOB AND 43,529
FAMILY services shall prepare a report on the actual use of Title 43,530
XX funds. The department shall make the report available for 43,531
public inspection. 43,532
The departments of mental health and mental retardation and 43,535
developmental disabilities shall prepare and submit to the
department of human JOB AND FAMILY services the portions of each 43,536
biennial plan and annual report that apply to services for mental 43,538
health and mental retardation and developmental disabilities. 43,539
Each respective local agency of the three state departments shall 43,540
submit information as necessary for the preparation of biennial 43,541
plans and annual reports. 43,542
(E) Each county department shall adopt a county profile 43,545
for the administration and provision of Title XX social services 43,546
in the county. In developing its county profile, the county 43,547
department shall take into consideration the comments and 43,548
recommendations received from the public by the county human 43,549
FAMILY services planning committee pursuant to section 329.06 of 43,551
the Revised Code. As part of its preparation of the county 43,553
profile, the county department may prepare a local needs report 43,554
analyzing the need for Title XX social services. 43,555
The county department shall submit the county profile to 43,558
the board of county commissioners for its review. Once the
county profile has been approved by the board, the county 43,559
department shall file a copy of the county profile with the state 43,561
department of human JOB AND FAMILY services. The state 43,562
department shall approve the county profile if the state 43,563
department determines the profile provides for the Title XX 43,565
973
social services to meet the goals specified in division (B) of 43,566
this section.
(F) Not less often than every two years, the departments 43,568
of human JOB AND FAMILY services, mental health, and mental 43,569
retardation and developmental disabilities each shall commission 43,571
an entity independent of itself to conduct an audit of its Title 43,572
XX expenditures in accordance with generally accepted auditing 43,574
principles. Within thirty days following the completion of its 43,575
audit, each department shall submit a copy of the audit to the 43,576
general assembly and to the United States secretary of health and 43,577
human services. 43,578
(G) Any of the three state departments and their 43,581
respective local agencies may require that an entity under 43,582
contract to provide social services with Title XX funds submit to 43,583
an audit on the basis of alleged misuse or improper accounting of 43,584
funds. The three state departments and their respective local 43,585
agencies may terminate or refuse to enter into a Title XX 43,586
contract with a provider of social services if there are adverse 43,587
findings in an audit that are the responsibility of the provider. 43,588
The amount of any adverse findings shall not be reimbursed with 43,589
Title XX funds. The cost of conducting an audit shall be 43,590
reimbursed under a subsequent or amended Title XX contract with 43,591
the provider. 43,592
(H) If federal funds received by the department of human 43,595
JOB AND FAMILY services for use under Chapters 5107. and 5108. of 43,597
the Revised Code are transferred by the controlling board for use 43,599
in providing social services under this section, the distribution 43,600
and use of the funds are not subject to the provisions of 43,601
division (C) of this section. The department may do one or both 43,602
of the following with the funds:
(1) Distribute the funds to the county departments of 43,605
human JOB AND FAMILY services;
(2) Use the funds for services that benefit individuals 43,607
eligible for services consistent with the principles of Title 43,608
974
IV-A of the "Social Security Act," 49 Stat. 620 (1935), 42 43,610
U.S.C.A. 301, as amended.
(I) The department of human JOB AND FAMILY services may 43,612
adopt rules necessary to carry out the purposes of this section. 43,615
Rules adopted under this division shall be adopted in accordance 43,617
with Chapter 119. of the Revised Code, unless they are internal 43,618
management rules governing fiscal and administrative matters. 43,619
Internal management rules may be adopted in accordance with 43,620
section 111.15 of the Revised Code. 43,622
Sec. 5101.48. The department of human JOB AND FAMILY 43,631
services shall administer the distribution of food commodities 43,633
received under the "Agricultural Adjustment Act," 48 Stat. 31, 7 43,634
U.S.C.A. 612c, as amended. The department DIRECTOR OF JOB AND 43,635
FAMILY SERVICES may adopt rules in accordance with section 111.15 43,636
of the Revised Code and issue appropriate orders as necessary for 43,637
administration of the distribution program.
Sec. 5101.49. The department of human JOB AND FAMILY 43,646
services shall administer funds received under the "Refugee Act 43,649
of 1980," 94 Stat. 102, 8 U.S.C.A. 1521, as amended. In 43,650
administering the funds, the department may establish a refugee
assistance program and a state legalization impact assistance 43,651
program. The department DIRECTOR OF JOB AND FAMILY SERVICES may 43,652
adopt rules in accordance with section 111.15 of the Revised Code 43,653
and issue appropriate orders as necessary for administration of 43,654
these funds and programs. 43,655
Sec. 5101.50. (A) As used in this section and in sections 43,664
5101.51 to 5101.518 of the Revised Code: 43,665
(1) "Children's health insurance program" means the 43,667
program authorized by Title XXI of the "Social Security Act," 111 43,669
Stat. 552 (1997), 42 U.S.C.A. 1397aa. 43,671
(2) "Federal poverty guidelines" has the same meaning as 43,673
in section 5101.46 of the Revised Code. 43,674
(B) The director of human JOB AND FAMILY services may 43,676
continue to operate the children's health insurance program 43,678
975
initially authorized by an executive order issued under section 43,679
107.17 of the Revised Code as long as federal financial 43,680
participation is available for the program. If operated, the 43,681
program shall provide health assistance to uninsured individuals 43,682
under nineteen years of age with family incomes not exceeding one 43,683
hundred fifty per cent of the federal poverty guidelines. In 43,684
accordance with 42 U.S.C.A. 1397aa, the director may provide for 43,686
the health assistance to meet the requirements of 42 U.S.C.A. 43,687
1397cc, to be provided under the medicaid program established 43,688
under Chapter 5111. of the Revised Code, or to be a combination 43,690
of both.
Sec. 5101.502. The director of human JOB AND FAMILY 43,699
services may adopt rules in accordance with Chapter 119. of the 43,701
Revised Code as necessary for the efficient administration of the 43,703
children's health insurance program part I, including rules that 43,704
establish all of the following: 43,705
(A) The conditions under which health assistance services 43,707
will be reimbursed; 43,708
(B) The method of reimbursement applicable to services 43,710
reimbursable under the program; 43,711
(C) The amount of reimbursement, or the method by which 43,713
the amount is to be determined, for each reimbursable service. 43,715
Sec. 5101.51. In accordance with federal law governing the 43,724
children's health insurance program, the director of human JOB 43,725
AND FAMILY services may submit a state child health plan to the 43,727
United States secretary of health and human services to provide, 43,728
except as provided in section 5101.516 of the Revised Code, 43,730
health assistance to uninsured individuals under nineteen years 43,731
of age with family incomes above one hundred fifty per cent of 43,732
the federal poverty guidelines but not exceeding two hundred per 43,733
cent of the federal poverty guidelines. If the director submits 43,734
the plan, the director shall include both of the following in the 43,735
plan:
(A) The health assistance will not begin before January 1, 43,738
976
2000.
(B) The health assistance will be available only while 43,740
federal financial participation is available for it. 43,741
Sec. 5101.512. If the director of human JOB AND FAMILY 43,750
services submits a state child health plan to the United States 43,752
secretary of health and human services under section 5101.51 of 43,753
the Revised Code and the secretary approves the plan, the 43,754
director shall implement the children's health insurance program 43,756
part II in accordance with the plan. The director may adopt 43,757
rules in accordance with Chapter 119. of the Revised Code as 43,758
necessary for the efficient administration of the program, 43,759
including rules that establish all of the following: 43,762
(A) The conditions under which health assistance services 43,764
will be reimbursed; 43,765
(B) The method of reimbursement applicable to services 43,767
reimbursable under the program; 43,768
(C) The amount of reimbursement, or the method by which 43,770
the amount is to be determined, for each reimbursable service. 43,771
Sec. 5101.513. The director of human JOB AND FAMILY 43,780
services may contract with a government entity or person to 43,782
perform the director's administrative duties regarding the 43,783
children's health insurance program part II, other than the duty 43,784
to submit a state child health plan to the United States 43,785
secretary of health and human services under section 5101.51 of 43,786
the Revised Code and the duty to adopt rules under section 43,787
5101.512 of the Revised Code. 43,788
Sec. 5101.515. The director of human JOB AND FAMILY 43,797
services may determine applicants' eligibility for the children's 43,799
health insurance program part II by any of the following means: 43,800
(A) Using employees of the department of human JOB AND 43,802
FAMILY services; 43,803
(B) Assigning the duty to county departments of human JOB 43,805
AND FAMILY services; 43,806
(C) Contracting with a government entity or person. 43,808
977
Sec. 5101.516. If the director of human JOB AND FAMILY 43,817
services determines that federal financial participation for the 43,819
children's health insurance program part II is insufficient to 43,820
provide health assistance to all the individuals the director 43,821
anticipates are eligible for the program, the director may refuse 43,822
to accept new applications for the program or may make the 43,823
program's eligibility requirements more restrictive. 43,824
Sec. 5101.517. To the extent permitted by 42 U.S.C.A. 43,834
1397cc(e), the director of human JOB AND FAMILY services may 43,835
require an individual receiving health assistance under the 43,837
children's health insurance program part II to pay a premium, 43,838
deductible, coinsurance payment, or other cost-sharing expense. 43,839
Sec. 5101.518. The director of human JOB AND FAMILY 43,848
services shall establish an appeal process for individuals 43,850
aggrieved by a decision made regarding eligibility for the 43,851
children's health insurance program part II. The process may be 43,852
identical to, similar to, or different from the appeal process 43,853
established by section 5101.35 of the Revised Code. 43,854
Sec. 5101.52. Upon the death of a recipient of aid, under 43,863
Title XVI of the "Social Security Act," 49 Stat. 620 (1935), 42 43,864
U.S.C.A. 301, as amended, or of any person who would be eligible 43,865
for such aid except that the person is a resident of a county 43,866
home, any person who received assistance under former Chapter 43,867
5105., 5106., or 5151. of the Revised Code, for the month of 43,868
December, 1973, or a recipient of aid under Chapter 5107. or 43,869
5115. of the Revised Code who resided in an unincorporated area, 43,870
the person entitled to receive payment for funeral, cremation, 43,872
cemetery, and burial expenses for the deceased recipient may 43,873
apply to a county department of human JOB AND FAMILY services for 43,874
state funds to defray those expenses. An itemized sworn 43,875
statement of the total funeral, cremation, cemetery, and burial 43,877
charges submitted by a funeral director must accompany the 43,878
application.
The county department that receives the application shall 43,880
978
make the determination of whether to approve payment of the 43,881
funeral, cremation, cemetery, and burial expenses. The county 43,883
department shall not approve the payment if the recipient, at the 43,884
time of death, had funds available for the expenses or if the 43,885
total cost of the expenses exceeds the amount designated in this 43,886
section. Any person or government entity, other than the state 43,887
department of human JOB AND FAMILY services, may provide 43,889
contributions, allowances, and grants up to a total amount not to 43,890
exceed the maximum burial assistance payment under this section 43,891
and grave space towards items of cremation, cemetery, outside 43,892
receptacle, and incidental funeral and burial expenses, other 43,893
than a standard sized casket and professional services of the 43,894
funeral director. To the extent furnished, such contribution,
allowance, grant, or grave space shall not be considered a part 43,895
of the total funeral, cremation, cemetery, and burial expenses of 43,896
the deceased recipient. The county department shall approve 43,898
payment of expenses only to the extent of the difference between 43,899
the resources of the deceased person, in real and personal 43,900
property and insurance, and the permissible payment for expenses 43,901
as provided in this section. 43,902
A sum not to exceed the following amount may be ordered 43,904
paid to the proper person to defray the total funeral, cremation, 43,905
cemetery, and burial expenses of the deceased recipient: 43,906
(A) If the deceased recipient was a recipient of aid under 43,908
Title XVI of the "Social Security Act," 49 Stat. 620 (1935), 42 43,910
U.S.C.A. 301, as amended, or a person who would have been 43,911
eligible for such aid except that the person resided in a county 43,913
home, a person who received assistance under former Chapter 43,914
5105., 5106., or 5151. of the Revised Code, for the month of 43,915
December, 1973, or a recipient of aid under Chapter 5107. or 43,916
5115. of the Revised Code who resided in an unincorporated area 43,917
and was eleven years of age or older, seven hundred fifty 43,918
dollars.
(B) If the deceased recipient was a recipient of aid under 43,920
979
Chapter 5107. or 5115. of the Revised Code who resided in an 43,922
unincorporated area and had not reached the age of eleven years, 43,923
five hundred dollars. 43,924
Sec. 5101.53. The department of human JOB AND FAMILY 43,933
services may enter into an agreement with the secretary of health 43,935
and human services under Public Law 93-66 for the purpose of 43,936
supplementing the payments of recipients of aid under Title XVI 43,937
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, 43,938
as amended, to the extent necessary to provide individuals who 43,939
were recipients of aid in December, 1973 under former Chapters 43,940
5105., 5106., and 5151. of the Revised Code with income from all 43,941
sources equal to the income of such individuals in December, 43,942
1973, including correctly paid assistance. Upon authorization by 43,943
the department, the director of budget and management shall 43,944
provide for payment to the secretary of amounts equal to the 43,945
expenditures of the secretary under the agreement. Such payments 43,946
shall be charged to the administration and adjustment fund, which 43,947
is hereby created in the state treasury. 43,948
The department of human JOB AND FAMILY services may make 43,950
aid payments to aged, blind, or disabled individuals who are 43,952
determined as the result of a fair hearing to be eligible for 43,953
such payments under former Chapter 5105., 5106., or 5151. of the 43,954
Revised Code.
Sec. 5101.54. (A) The department DIRECTOR of human JOB 43,964
AND FAMILY services shall administer the food stamp program in
accordance with the "Food Stamp Act of 1977," 91 Stat. 958, 7 43,966
U.S.C.A. 2011, as amended. The department may: 43,967
(1) Prepare and submit to the secretary of the United 43,969
States department of agriculture a plan for the administration of 43,970
the food stamp program; 43,971
(2) Prescribe forms for applications, certificates, 43,973
reports, records, and accounts of county departments of human JOB 43,974
AND FAMILY services, and other matters; 43,976
(3) Require such reports and information from each county 43,978
980
department of human JOB AND FAMILY services as may be necessary 43,979
and advisable;
(4) Administer and expend any sums appropriated by the 43,981
general assembly for the purposes of this section and all sums 43,982
paid to the state by the United States as authorized by the Food 43,983
Stamp Act of 1977; 43,984
(5) Conduct such investigations as are necessary; 43,986
(6) Enter into interagency agreements and cooperate with 43,988
investigations conducted by the department of public safety, 43,989
including providing information for investigative purposes, 43,990
exchanging property and records, passing through federal 43,991
financial participation, modifying any agreements with the United 43,992
States department of agriculture, providing for the supply, 43,993
security, and accounting of food stamp coupons for investigative 43,994
purposes, and meeting any other requirements necessary for the
detection and deterrence of illegal activities in the state food 43,995
stamp program; 43,996
(7) Adopt rules in accordance with Chapter 119. of the 43,999
Revised Code governing employment and training requirements of 44,000
recipients of food stamp benefits, including rules specifying 44,001
which recipients are subject to the requirements and establishing 44,002
sanctions for failure to satisfy the requirements. The rules 44,003
shall be consistent with 7 U.S.C.A. 2015 and, to the extent 44,005
practicable, may provide for food stamp benefit recipients to 44,006
participate in work activities, developmental activities, and
alternative work activities established under sections 5107.40 to 44,008
5107.69 of the Revised Code that are comparable to programs 44,009
authorized by 7 U.S.C.A. 2015(d)(4). The rules may reference 44,011
rules adopted under section 5107.05 of the Revised Code governing
work activities, developmental activities, and alternative work 44,012
activities established under sections 5107.40 to 5107.69 of the 44,013
Revised Code.
(8) Adopt rules in accordance with section 111.15 of the 44,015
Revised Code that are consistent with the Food Stamp Act of 1977, 44,017
981
as amended, and regulations adopted thereunder governing the 44,018
following:
(a) Eligibility requirements for the food stamp program; 44,020
(b) Sanctions for failure to comply with eligibility 44,022
requirements; 44,023
(c) Allotment of food stamp coupons; 44,025
(d) To the extent permitted under federal statutes and 44,027
regulations, a system under which some or all recipients of food 44,028
stamp benefits subject to employment and training requirements 44,029
established by rules adopted under division (A)(7) of this 44,031
section receive food stamp benefits after satisfying the
requirements; 44,032
(e) Administration of the program by county departments of 44,034
human JOB AND FAMILY services; 44,035
(f) Other requirements necessary for the efficient 44,037
administration of the program. 44,038
(9) Submit a plan to the United States secretary of 44,041
agriculture for the department OF JOB AND FAMILY SERVICES to 44,042
operate a simplified food stamp program pursuant to 7 U.S.C.A. 44,043
2035 under which requirements governing the Ohio works first 44,044
program established under Chapter 5107. of the Revised Code also 44,046
govern the food stamp program in the case of households receiving 44,047
food stamp benefits and participating in Ohio works first. 44,048
(B) Except while in the custody of the United States 44,050
postal service, food stamps and any document necessary to obtain 44,051
food stamps are the property of the department of human JOB AND 44,052
FAMILY services from the time they are received in accordance 44,054
with federal regulations by the department from the federal 44,055
agency responsible for such delivery until they are received by a 44,056
household entitled to receive them or by the authorized 44,057
representative of the household. 44,058
(C) A household that is entitled to receive food stamps 44,060
under the "Food Stamp Act of 1977," 91 Stat. 958, 7 U.S.C.A. 44,063
2011, as amended, and that is determined to be in immediate need 44,064
982
of food assistance, shall receive certification of eligibility 44,065
for program benefits, pending verification, within twenty-four 44,066
hours, or, if mitigating circumstances occur, within seventy-two 44,067
hours, after application, if:
(1) The results of the application interview indicate that 44,069
the household will be eligible upon full verification; 44,070
(2) Information sufficient to confirm the statements in 44,072
the application has been obtained from at least one additional 44,073
source, not a member of the applicant's household. Such 44,074
information shall be recorded in the case file, and shall 44,075
include: 44,076
(a) The name of the person who provided the name of the 44,078
information source; 44,079
(b) The name and address of the information source; 44,081
(c) A summary of the information obtained. 44,083
The period of temporary eligibility shall not exceed one 44,085
month from the date of certification of temporary eligibility. 44,086
If eligibility is established by full verification, benefits 44,087
shall continue without interruption as long as eligibility 44,088
continues. 44,089
At the time of application, the county department of human 44,091
JOB AND FAMILY services shall provide to a household described in 44,093
this division a list of community assistance programs that 44,094
provide emergency food.
(D) All applications shall be approved or denied through 44,096
full verification within thirty days from receipt of the 44,097
application by the county department of human JOB AND FAMILY 44,098
services. 44,099
(E) Nothing in this section shall be construed to prohibit 44,101
the certification of households that qualify under federal 44,102
regulations to receive food stamps without charge under the "Food 44,103
Stamp Act of 1977," 91 Stat. 958, 7 U.S.C.A. 2011, as amended. 44,106
(F) Any person who applies for food stamps under this 44,108
section shall receive a voter registration application under 44,109
983
section 3503.10 of the Revised Code.
Sec. 5101.541. (A) The department DIRECTOR of human JOB 44,119
AND FAMILY services shall establish, by rule, effective July 1,
1981, a system of mail issuance of food stamp allotments 44,121
utilizing direct coupon mailing. The county department of human 44,122
JOB AND FAMILY services shall administer the mailing of such 44,123
coupons under the supervision of the department of human JOB AND 44,124
FAMILY services. The system shall provide for redetermination of 44,126
eligibility at the same intervals as are in effect on March 23, 44,127
1981 or at such other intervals as may be required by federal law 44,128
or regulation.
(B) The department of human JOB AND FAMILY services shall 44,130
provide an alternative system to the system of mail issuance 44,132
established in division (A) of this section in counties where any 44,133
of the following apply: 44,134
(1) The department can document, after notice and hearing, 44,136
significant diminution of demand for mail issuance of food stamp 44,137
coupons; 44,138
(2) The loss rate for coupons issued through the mail 44,140
exceeds any tolerable loss rate which may be established by rule 44,141
of the United States department of agriculture; 44,142
(3) The department provides for food stamp benefits to be 44,144
distributed through the medium of electronic benefit transfer in 44,145
the county pursuant to section 5101.33 of the Revised Code. 44,146
(C) The county department of human JOB AND FAMILY services 44,148
shall issue to each household or the household's authorized 44,149
representative for coupon issuance, at the time eligibility for 44,150
food stamps is established, an identification card. The card 44,151
shall be issued in the name of the household member to whom food 44,152
stamp coupons are issued or the authorized representative. 44,153
Sec. 5101.542. (A) The board of county commissioners of 44,162
any county may, by resolution forwarded to the department of 44,163
human JOB AND FAMILY services no later than the thirty-first day 44,164
of March of any year, decline to participate in or withdraw the 44,166
984
county from the system of mail issuance of food stamp coupons 44,167
established under section 5101.541 of the Revised Code and 44,168
reinstitute the previous system of issuing food stamp coupons in 44,169
that county. Such resolution shall be effective on the first day 44,170
of July of that year. 44,171
(B) The board of county commissioners of any county that 44,173
has withdrawn from the system of mail issuance of food stamp 44,174
coupons under division (A) of this section, may, by resolution 44,175
forwarded to the department of human JOB AND FAMILY services, 44,176
reinstitute the mail issuance system. Such resolution shall be 44,177
effective in the fourth month after the month in which it is 44,178
adopted.
This division does not apply to counties that have been 44,180
withdrawn from mail issuance pursuant to division (B) of section 44,181
5101.541 of the Revised Code. 44,182
(C) The board of county commissioners of any county that 44,184
has withdrawn from the mail issuance system may specify 44,185
geographic areas of the county within which food stamp coupons 44,186
shall be issued at a central location to all households in which 44,187
the member or representative who is authorized to receive the 44,188
coupons is not physically incapable of traveling to such central 44,189
location. 44,190
(D) The board of county commissioners of any county that 44,192
has withdrawn from the mail issuance system may, by resolution, 44,193
establish conditions under which the county department of human 44,194
JOB AND FAMILY services shall issue food stamps by mail to 44,195
classes of food stamp recipients that the board determines to be 44,197
in need of mail delivery of food stamps. The class of mail used 44,198
under this division shall be the same as specified in rules 44,199
adopted pursuant to section 5101.541 of the Revised Code. 44,200
Sec. 5101.543. Any person may withdraw from the system of 44,209
mail issuance of food stamp coupons established under section 44,211
5101.541 of the Revised Code and revert to the method by which he 44,213
THE PERSON previously obtained food stamp coupons by notifying 44,216
985
the county department of human JOBS AND FAMILY services in person 44,217
or in writing. Reinstitution of the previous method of receiving 44,218
food stamp coupons shall be effective in the second month after 44,220
the receipt of notification from any person requesting reversion 44,222
to the previous method of issuing coupons. 44,223
Nothing in this section or section 5101.541 or 5101.542 of 44,225
the Revised Code shall be construed to limit the department of 44,227
human JOB AND FAMILY services' responsibility to provide 44,228
emergency food pursuant to any federal law or regulation.
Sec. 5101.544. If the benefits of a household are reduced 44,237
under a federal, state, or local means-tested public assistance 44,238
program for failure of a member of the household to perform an 44,239
action required under the program, the household may not receive, 44,240
for the duration of the reduction, an increased allotment of food 44,241
stamp benefits as the result of a decrease in the income of the 44,242
household to the extent that the decrease is the result of the 44,243
reduction. 44,244
The department of human JOB AND FAMILY services shall adopt 44,246
rules in accordance with Chapter 119. of the Revised Code to 44,248
implement this section. The rules shall be consistent with 7 44,249
U.S.C.A. 2017(d) and federal regulations. 44,250
Sec. 5101.572. Upon the request of the department of human 44,259
JOB AND FAMILY services, any third party as defined in section 44,260
5101.571 of the Revised Code shall cooperate with the department 44,261
in identifying individuals for the purpose of establishing third 44,262
party liability pursuant to Title XIX of the Social Security Act, 44,263
as amended. The department of human JOB AND FAMILY services shall 44,264
limit its use of information gained from third parties to 44,265
purposes directly connected with the administration of the 44,266
medicaid program. No third party shall disclose to other parties 44,267
or make use of any information regarding recipients of aid under 44,268
Chapter 5107. or 5111. of the Revised Code that it obtains from 44,269
the department of human JOB AND FAMILY services, except in the 44,270
manner provided for by the department DIRECTOR of human JOB AND 44,271
986
FAMILY services in its administrative rules. Any information 44,273
provided by a third party to the department of human JOB AND 44,274
FAMILY services shall not be considered a violation of any right 44,275
of confidentiality or contract that the third party may have with 44,276
covered persons including, but not limited to, contractees, 44,277
beneficiaries, heirs, assignees, and subscribers. The third 44,278
party is immune from any liability that it may otherwise incur 44,279
through its release of information to the department of human JOB 44,280
AND FAMILY services.
Sec. 5101.58. As used in this section and section 5101.59 44,290
of the Revised Code, "public assistance" means aid provided under 44,291
Chapter 5111. or 5115. of the Revised Code and participation in 44,292
the Ohio works first program established under Chapter 5107. of 44,293
the Revised Code.
The acceptance of public assistance gives a right of 44,297
recovery to the department of human JOB AND FAMILY services and a 44,298
county department of human JOB AND FAMILY services against the
liability of a third party for the cost of medical services and 44,299
care arising out of injury, disease, or disability of the public 44,300
assistance recipient or participant. When an action or claim is 44,302
brought against a third party by a public assistance recipient or 44,303
participant, the entire amount of any settlement or compromise of 44,305
the action or claim, or any court award or judgment, is subject 44,306
to the recovery right of the department of human JOB AND FAMILY 44,308
services or county department of human JOB AND FAMILY services. 44,309
Except in the case of a recipient OR PARTICIPANT who receives 44,310
medical services or care through a managed care organization, the 44,311
department's or county department's claim shall not exceed the 44,312
amount of medical expenses paid by the departments on behalf of 44,313
the recipient or participant. In the case of a recipient OR 44,314
PARTICIPANT who receives medical services or care through a 44,317
managed care organization, the amount of the department's OR
COUNTY DEPARTMENT'S claim shall be the amount the managed care 44,319
organization pays for medical services or care rendered to the 44,320
987
recipient OR PARTICIPANT, even if that amount is more than the 44,321
amount the departments pay to the managed care organization for 44,322
the recipient's OR PARTICIPANT'S medical services or care. Any 44,323
settlement, compromise, judgment, or award that excludes the cost 44,326
of medical services or care shall not preclude the departments 44,327
from enforcing their rights under this section. 44,328
Prior to initiating any recovery action, the recipient or 44,330
participant, or the recipient's or participant's representative, 44,331
shall disclose the identity of any third party against whom the 44,334
recipient or participant has or may have a right of recovery.
Disclosure shall be made to the department of human JOB AND 44,335
FAMILY services when medical expenses have been paid pursuant to 44,336
Chapter 5111. or 5115. of the Revised Code. Disclosure shall be 44,337
made to both the department of human JOB AND FAMILY services and 44,338
the appropriate county department of human JOB AND FAMILY 44,339
services when medical expenses have been paid pursuant to Chapter 44,340
5115. of the Revised Code. No settlement, compromise, judgment, 44,341
or award or any recovery in any action or claim by a recipient or 44,342
participant where the departments have a right of recovery shall 44,344
be made final without first giving the appropriate departments 44,345
notice and a reasonable opportunity to perfect their rights of 44,346
recovery. If the departments are not given appropriate notice, 44,348
the recipient or participant is liable to reimburse the 44,349
departments for the recovery received to the extent of medical 44,350
payments made by the departments. The departments shall be 44,351
permitted to enforce their recovery rights against the third 44,353
party even though they accepted prior payments in discharge of 44,354
their rights under this section if, at the time the departments 44,355
received such payments, they were not aware that additional 44,356
medical expenses had been incurred but had not yet been paid by 44,357
the departments. The third party becomes liable to the 44,358
department of human JOB AND FAMILY services or county department 44,359
of human JOB AND FAMILY services as soon as the third party is 44,360
notified in writing of the valid claims for recovery under this
988
section. 44,361
The right of recovery does not apply to that portion of any 44,364
judgment, award, settlement, or compromise of a claim, to the 44,365
extent of attorneys' fees, costs, or other expenses incurred by a 44,366
recipient or participant in securing the judgment, award, 44,367
settlement, or compromise, or to the extent of medical, surgical, 44,369
and hospital expenses paid by such recipient or participant from 44,370
the recipient's or participant's own resources. Attorney fees 44,372
and costs or other expenses in securing any recovery shall not be 44,373
assessed against any claims of the departments. 44,374
To enforce their recovery rights, the departments may do 44,377
any of the following: 44,378
(A) Intervene or join in any action or proceeding brought 44,380
by the recipient or participant or on the recipient's or 44,381
participant's behalf against any third party who may be liable 44,384
for the cost of medical services and care arising out of the 44,385
recipient's or participant's injury, disease, or disability;
(B) Institute and pursue legal proceedings against any 44,387
third party who may be liable for the cost of medical services 44,388
and care arising out of the recipient's or participant's injury, 44,389
disease, or disability; 44,390
(C) Initiate legal proceedings in conjunction with the 44,392
injured, diseased, or disabled recipient or participant or the 44,393
recipient's or participant's legal representative. 44,395
Recovery rights created by this section may be enforced 44,398
separately or jointly by the department of human JOB AND FAMILY 44,399
services and the county department of human JOB AND FAMILY 44,401
services.
The right of recovery given to the department under this 44,404
section does not include rights to support from any other person 44,405
assigned to the state under sections 5107.20 and 5115.13 of the 44,407
Revised Code, but includes payments made by a third party under 44,408
contract with a person having a duty to support. 44,409
The department DIRECTOR of human JOB AND FAMILY services 44,412
989
may adopt rules in accordance with Chapter 119. of the Revised
Code the department considers necessary to implement this 44,413
section.
Sec. 5101.59. (A) The application for or acceptance of 44,422
public assistance constitutes an automatic assignment of certain 44,424
rights to the department of human JOB AND FAMILY services. This 44,425
assignment includes the rights of the applicant, recipient, or 44,426
participant and also the rights of any other member of the 44,428
assistance group for whom the applicant, recipient, or 44,429
participant can legally make an assignment.
Pursuant to this section, the applicant, recipient, or 44,432
participant assigns to the department any rights to medical
support available to the applicant, recipient, or participant or 44,433
for other members of the assistance group under an order of a 44,435
court or administrative agency, and any rights to payments from 44,436
any third party liable to pay for the cost of medical care and 44,437
services arising out of injury, disease, or disability of the 44,438
applicant, recipient, participant, or other members of the 44,439
assistance group. 44,440
Medicare benefits shall not be assigned pursuant to this 44,442
section. Benefits assigned to the department by operation of 44,443
this section are directly reimbursable to the department by 44,444
liable third parties. 44,445
(B) Refusal by the applicant, recipient, or participant to 44,448
cooperate in obtaining medical support and payments for self or 44,449
any other member of the assistance group renders the applicant, 44,450
recipient, or participant ineligible for public assistance, 44,452
unless cooperation is waived by the department. Eligibility
shall continue for any individual who cannot legally assign the 44,453
individual's own rights and who would have been eligible for 44,455
public assistance but for the refusal to assign the individual's 44,456
rights or to cooperate as required by this section by another 44,457
person legally able to assign the individual's rights. 44,458
If the applicant, recipient, or participant or any member 44,461
990
of the assistance group becomes ineligible for public assistance, 44,462
the department shall restore to the applicant, recipient, 44,465
participant, or member of the assistance group any future rights 44,466
to benefits assigned under this section.
The rights of assignment given to the department under this 44,468
section do not include rights to support assigned under section 44,469
5107.20 or 5115.13 of the Revised Code. 44,470
(C) The department DIRECTOR OF JOB AND FAMILY SERVICES may 44,473
adopt rules in accordance with Chapter 119. of the Revised Code 44,474
to implement this section, including rules that specify what 44,475
constitutes cooperating with efforts to obtain medical support 44,476
and payments and when the cooperation requirement may be waived. 44,477
Sec. 5101.60. As used in sections 5101.60 to 5101.71 of 44,490
the Revised Code: 44,491
(A) "Abuse" means the infliction upon an adult by himself 44,493
SELF or others of injury, unreasonable confinement, intimidation, 44,494
or cruel punishment with resulting physical harm, pain, or mental 44,495
anguish. 44,496
(B) "Adult" means any person sixty years of age or older 44,498
within this state who is handicapped by the infirmities of aging 44,499
or who has a physical or mental impairment which prevents him THE 44,500
PERSON from providing for his THE PERSON'S own care or 44,502
protection, and who resides in an independent living arrangement. 44,504
An "independent living arrangement" is a domicile of a person's 44,505
own choosing, including, but not limited to, a private home, 44,506
apartment, trailer, or rooming house. Except as otherwise 44,507
provided in this division, it "independent living arrangement" 44,508
includes a community alternative home licensed pursuant to 44,509
section 3724.03 of the Revised Code but does not include other 44,510
institutions or facilities licensed by the state, or facilities 44,511
in which a person resides as a result of voluntary, civil, or 44,512
criminal commitment. "Independent living arrangement" does 44,513
include adult care facilities licensed pursuant to Chapter 3722. 44,514
of the Revised Code.
991
(C) "Caretaker" means the person assuming the 44,516
responsibility for the care of an adult on a voluntary basis, by 44,517
contract, through receipt of payment for care, as a result of a 44,518
family relationship, or by order of a court of competent 44,519
jurisdiction. 44,520
(D) "Court" means the probate court in the county where an 44,522
adult resides. 44,523
(E) "Emergency" means that the adult is living in 44,525
conditions which present a substantial risk of immediate and 44,526
irreparable physical harm or death to himself SELF or any other 44,527
person. 44,528
(F) "Emergency services" means protective services 44,530
furnished to an adult in an emergency. 44,531
(G) "Exploitation" means the unlawful or improper act of a 44,533
caretaker using an adult or his AN ADULT'S resources for monetary 44,535
or personal benefit, profit, or gain. 44,536
(H) "In need of protective services" means an adult known 44,538
or suspected to be suffering from abuse, neglect, or exploitation 44,539
to an extent that either life is endangered or physical harm, 44,540
mental anguish, or mental illness results or is likely to result. 44,541
(I) "Incapacitated person" means a person who is impaired 44,543
for any reason to the extent that he THE PERSON lacks sufficient 44,544
understanding or capacity to make and carry out reasonable 44,545
decisions concerning his person THE PERSON'S SELF or resources, 44,546
with or without the assistance of a caretaker. Refusal to 44,548
consent to the provision of services shall not be the sole 44,549
determinative that the person is incapacitated. "Reasonable 44,550
decisions" are decisions made in daily living which facilitate 44,551
the provision of food, shelter, clothing, and health care 44,552
necessary for life support.
(J) "Mental illness" means a substantial disorder of 44,554
thought, mood, perception, orientation, or memory that grossly 44,555
impairs judgment, behavior, capacity to recognize reality, or 44,556
ability to meet the ordinary demands of life. 44,557
992
(K) "Neglect" means the failure of an adult to provide for 44,559
himself SELF the goods or services necessary to avoid physical 44,560
harm, mental anguish, or mental illness or the failure of a 44,562
caretaker to provide such goods or services. 44,563
(L) "Peace officer" means a peace officer as defined in 44,565
section 2935.01 of the Revised Code. 44,566
(M) "Physical harm" means bodily pain, injury, impairment, 44,568
or disease suffered by an adult. 44,569
(N) "Protective services" means services provided by the 44,571
county department of human JOB AND FAMILY services or its 44,572
designated agency to an adult who has been determined by 44,574
evaluation to require such services for the prevention, 44,575
correction, or discontinuance of an act of as well as conditions 44,576
resulting from abuse, neglect, or exploitation. Protective 44,577
services may include, but are not limited to, case work services, 44,578
medical care, mental health services, legal services, fiscal 44,579
management, home health care, homemaker services, housing-related 44,580
services, guardianship services, and placement services as well 44,581
as the provision of such commodities as food, clothing, and 44,582
shelter.
(O) "Working day" means Monday, Tuesday, Wednesday, 44,584
Thursday, and Friday, except when such day is a holiday as 44,585
defined in section 1.14 of the Revised Code. 44,586
Sec. 5101.61. (A) As used in this section: 44,595
(1) "Senior service provider" means any person who 44,597
provides care or services to a person who is an adult as defined 44,598
in division (B) of section 5101.60 of the Revised Code. 44,599
(2) "Ambulatory health facility" means a nonprofit, public 44,601
or proprietary freestanding organization or a unit of such an 44,602
agency or organization that: 44,603
(a) Provides preventive, diagnostic, therapeutic, 44,605
rehabilitative, or palliative items or services furnished to an 44,606
outpatient or ambulatory patient, by or under the direction of a 44,607
physician or dentist in a facility which is not a part of a 44,608
993
hospital, but which is organized and operated to provide medical 44,609
care to outpatients; 44,610
(b) Has health and medical care policies which are 44,612
developed with the advice of, and with the provision of review of 44,613
such policies, an advisory committee of professional personnel, 44,614
including one or more physicians, one or more dentists, if dental 44,615
care is provided, and one or more registered nurses; 44,616
(c) Has a medical director, a dental director, if dental 44,618
care is provided, and a nursing director responsible for the 44,619
execution of such policies, and has physicians, dentists, 44,620
nursing, and ancillary staff appropriate to the scope of services 44,621
provided; 44,622
(d) Requires that the health care and medical care of 44,624
every patient be under the supervision of a physician, provides 44,625
for medical care in a case of emergency, has in effect a written 44,626
agreement with one or more hospitals and other centers or 44,627
clinics, and has an established patient referral system to other 44,628
resources, and a utilization review plan and program; 44,629
(e) Maintains clinical records on all patients; 44,631
(f) Provides nursing services and other therapeutic 44,633
services in accordance with programs and policies, with such 44,634
services supervised by a registered professional nurse, and has a 44,635
registered professional nurse on duty at all times of clinical 44,636
operations; 44,637
(g) Provides approved methods and procedures for the 44,639
dispensing and administration of drugs and biologicals; 44,640
(h) Has established an accounting and record keeping 44,642
system to determine reasonable and allowable costs; 44,643
(i) "Ambulatory health facilities" also includes an 44,645
alcoholism treatment facility approved by the joint commission on 44,646
accreditation of healthcare organizations as an alcoholism 44,647
treatment facility or certified by the department of alcohol and 44,648
drug addiction services, and such facility shall comply with 44,649
other provisions of this division not inconsistent with such 44,650
994
accreditation or certification. 44,651
(3) "Community mental health facility" means a facility 44,653
which provides community mental health services and is included 44,654
in the comprehensive mental health plan for the alcohol, drug 44,655
addiction, and mental health service district in which it is 44,656
located. 44,657
(4) "Community mental health service" means services, 44,659
other than inpatient services, provided by a community mental 44,660
health facility. 44,661
(5) "Home health agency" means an institution or a 44,663
distinct part of an institution operated in this state which: 44,664
(a) Is primarily engaged in providing home health 44,666
services; 44,667
(b) Has home health policies which are established by a 44,669
group of professional personnel, including one or more duly 44,670
licensed doctors of medicine or osteopathy and one or more 44,671
registered professional nurses, to govern the home health 44,672
services it provides and which includes a requirement that every 44,673
patient must be under the care of a duly licensed doctor of 44,674
medicine or osteopathy; 44,675
(c) Is under the supervision of a duly licensed doctor of 44,677
medicine or doctor of osteopathy or a registered professional 44,678
nurse who is responsible for the execution of such home health 44,679
policies; 44,680
(d) Maintains comprehensive records on all patients; 44,682
(e) Is operated by the state, a political subdivision, or 44,684
an agency of either, or is operated not for profit in this state 44,685
and is licensed or registered, if required, pursuant to law by 44,686
the appropriate department of the state, county, or municipality 44,687
in which it furnishes services; or is operated for profit in this 44,688
state, meets all the requirements specified in divisions 44,689
(A)(5)(a) to (d) of this section, and is certified under Title 44,690
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 44,691
U.S.C. 301, as amended. 44,692
995
(6) "Home health service" means the following items and 44,694
services, provided, except as provided in division (A)(6)(g) of 44,695
this section, on a visiting basis in a place of residence used as 44,696
the patient's home: 44,697
(a) Nursing care provided by or under the supervision of a 44,699
registered professional nurse; 44,700
(b) Physical, occupational, or speech therapy ordered by 44,702
the patient's attending physician; 44,703
(c) Medical social services performed by or under the 44,705
supervision of a qualified medical or psychiatric social worker 44,706
and under the direction of the patient's attending physician; 44,707
(d) Personal health care of the patient performed by aides 44,709
in accordance with the orders of a doctor of medicine or 44,710
osteopathy and under the supervision of a registered professional 44,711
nurse; 44,712
(e) Medical supplies and the use of medical appliances; 44,714
(f) Medical services of interns and residents-in-training 44,716
under an approved teaching program of a nonprofit hospital and 44,717
under the direction and supervision of the patient's attending 44,718
physician; 44,719
(g) Any of the foregoing items and services which: 44,721
(i) Are provided on an outpatient basis under arrangements 44,723
made by the home health agency at a hospital or skilled nursing 44,724
facility; 44,725
(ii) Involve the use of equipment of such a nature that 44,727
the items and services cannot readily be made available to the 44,728
patient in his THE PATIENT'S place of residence, or which are 44,729
furnished at the hospital or skilled nursing facility while his 44,731
THE PATIENT there to receive any item or service involving the 44,733
use of such equipment.
Any attorney, physician, osteopath, podiatrist, 44,735
chiropractor, dentist, psychologist, any employee of a hospital 44,736
as defined in section 3701.01 of the Revised Code, any nurse 44,737
licensed under Chapter 4723. of the Revised Code, any employee of 44,738
996
an ambulatory health facility, any employee of a home health 44,739
agency, any employee of an adult care facility as defined in 44,740
section 3722.01 of the Revised Code, any employee of a community 44,741
alternative home as defined in section 3724.01 of the Revised 44,742
Code, any employee of a nursing home, residential care facility, 44,744
or home for the aging, as defined in section 3721.01 of the 44,745
Revised Code, any senior service provider, any peace officer, 44,746
coroner, clergyman, any employee of a community mental health 44,747
facility, and any person engaged in social work or counseling 44,748
having reasonable cause to believe that an adult is being abused, 44,749
neglected, or exploited, or is in a condition which is the result 44,750
of abuse, neglect, or exploitation shall immediately report such 44,751
belief to the county department of human JOB AND FAMILY services. 44,752
This section does not apply to employees of any hospital or 44,754
public hospital as defined in section 5122.01 of the Revised 44,755
Code.
(B) Any person having reasonable cause to believe that an 44,757
adult has suffered abuse, neglect, or exploitation may report, or 44,758
cause reports to be made of such belief to the department. 44,759
(C) The reports made under this section shall be made 44,761
orally or in writing except that oral reports shall be followed 44,762
by a written report if a written report is requested by the 44,763
department. Written reports shall include: 44,764
(1) The name, address, and approximate age of the adult 44,766
who is the subject of the report; 44,767
(2) The name and address of the individual responsible for 44,769
the adult's care, if any individual is, and if he THE INDIVIDUAL 44,770
is known; 44,771
(3) The nature and extent of the alleged abuse, neglect, 44,773
or exploitation of the adult; 44,774
(4) The basis of the reporter's belief that the adult has 44,776
been abused, neglected, or exploited. 44,777
(D) Any person with reasonable cause to believe that an 44,779
adult is suffering abuse, neglect, or exploitation who makes a 44,780
997
report pursuant to this section or who testifies in any 44,781
administrative or judicial proceeding arising from such a report, 44,782
or any employee of the state or any of its subdivisions who is 44,783
discharging responsibilities under section 5101.62 of the Revised 44,784
Code shall be immune from civil or criminal liability on account 44,785
of such investigation, report, or testimony, except liability for 44,786
perjury, unless the person has acted in bad faith or with 44,787
malicious purpose. 44,788
(E) No employer or any other person with the authority to 44,790
do so shall discharge, demote, transfer, prepare a negative work 44,791
performance evaluation, or reduce benefits, pay, or work 44,792
privileges, or take any other action detrimental to an employee 44,793
or in any way retaliate against an employee as a result of the 44,794
employee's having filed a report under this section. 44,795
(F) Neither the written or oral report provided for in 44,797
this section nor the investigatory report provided for in section 44,798
5101.62 of the Revised Code shall be considered a public record 44,799
as defined in section 149.43 of the Revised Code. Information 44,800
contained in the report shall upon request be made available to 44,801
the adult who is the subject of the report, to agencies 44,802
authorized by the department to receive information contained in 44,803
the report, and to legal counsel for the adult. 44,804
Sec. 5101.611. If a county department of human JOB AND 44,813
FAMILY services knows or has reasonable cause to believe that the 44,814
subject of a report made under section 5101.61 or of an 44,815
investigation conducted under sections 5101.62 to 5101.64 or on 44,816
the initiative of the department is mentally retarded or 44,817
developmentally disabled as defined in section 5126.01 of the 44,818
Revised Code, the department shall refer the case to the county 44,819
board of mental retardation and developmental disabilities of 44,820
that county for review pursuant to section 5126.31 of the Revised 44,821
Code.
If a county board of mental retardation and developmental 44,823
disabilities refers a case to the county department of human JOB 44,824
998
AND FAMILY services in accordance with section 5126.31, the 44,825
department shall proceed with the case in accordance with 44,826
sections 5101.60 to 5101.71 of the Revised Code. 44,827
Sec. 5101.62. The county department of human JOB AND 44,836
FAMILY services shall be responsible for the investigation of all 44,837
reports provided for in section 5101.61 and all cases referred to 44,838
it under section 5126.31 of the Revised Code and for evaluating 44,839
the need for and, to the extent of available funds, providing or 44,840
arranging for the provision of protective services. The 44,841
department may designate another agency to perform the 44,842
department's duties under this section. 44,843
Investigation of the report provided for in section 5101.61 44,845
or a case referred to the department under section 5126.31 of the 44,846
Revised Code shall be initiated within twenty-four hours after 44,847
the department receives the report or case if any emergency 44,848
exists; otherwise investigation shall be initiated within three 44,849
working days. 44,850
Investigation of the need for protective services shall 44,852
include a face-to-face visit with the adult who is the subject of 44,853
the report, preferably in his THE ADULT'S residence, and 44,854
consultation with the person who made the report, if feasible, 44,856
and agencies or persons who have information about the adult's 44,857
alleged abuse, neglect, or exploitation. 44,858
The department shall give written notice of the intent of 44,860
the investigation and an explanation of the notice in language 44,861
reasonably understandable to the adult who is the subject of the 44,862
investigation, at the time of the initial interview with that 44,863
person. 44,864
Upon completion of the investigation, the department shall 44,866
determine from its findings whether or not the adult who is the 44,867
subject of the report is in need of protective services. No 44,868
adult shall be determined to be abused, neglected, or in need of 44,869
protective services for the sole reason that, in lieu of medical 44,870
treatment, he THE ADULT relies on or is being furnished spiritual 44,872
999
treatment through prayer alone in accordance with the tenets and 44,873
practices of a church or religious denomination of which he THE 44,874
ADULT is a member or adherent. The department shall write a 44,876
report which confirms or denies the need for protective services 44,877
and states why it reached this conclusion. 44,878
Sec. 5101.63. If, during the course of an investigation 44,887
conducted under section 5101.62 of the Revised Code, any person, 44,888
including the adult who is the subject of the investigation, 44,890
denies or obstructs access to the residence of the adult, the 44,891
county department of human JOB AND FAMILY services may file a 44,892
petition in court for a temporary restraining order to prevent 44,893
the interference or obstruction. The court shall issue a 44,894
temporary restraining order to prevent the interference or 44,896
obstruction if it finds there is reasonable cause to believe that 44,897
the adult is being or has been abused, neglected, or exploited 44,898
and access to the person's residence has been denied or 44,901
obstructed. Such a finding is prima-facie evidence that 44,903
immediate and irreparable injury, loss, or damage will result, so 44,904
that notice is not required. After obtaining an order 44,905
restraining the obstruction of or interference with the access of 44,907
the protective services representative, the representative may be 44,909
accompanied to the residence by a peace officer. 44,911
Sec. 5101.65. If the county department of human JOB AND 44,920
FAMILY services determines that an adult is in need of protective 44,921
services and is an incapacitated person, the department may 44,922
petition the court for an order authorizing the provision of 44,923
protective services. The petition shall state the specific facts 44,924
alleging the abuse, neglect, or exploitation and shall include a 44,925
proposed protective service plan. Any plan for protective
services shall be specified in the petition. 44,926
Sec. 5101.67. (A) The court shall hold a hearing on the 44,936
petition as provided in section 5101.65 of the Revised Code 44,937
within fourteen days after its filing. The adult who is the 44,938
subject of the petition shall have the right to be present at the 44,939
1000
hearing, present evidence, and examine and cross-examine 44,940
witnesses. The adult shall be represented by counsel unless the 44,941
right to counsel is knowingly waived. If the adult is indigent, 44,942
the court shall appoint counsel to represent him THE ADULT. If 44,943
the court determines that the adult lacks the capacity to waive 44,945
the right to counsel, the court shall appoint counsel to 44,946
represent his THE ADULT'S interests. 44,947
(B) If the court finds, on the basis of clear and 44,949
convincing evidence, that the adult has been abused, neglected, 44,950
or exploited, is in need of protective services, and is 44,951
incapacitated, and no person authorized by law or by court order 44,952
is available to give consent, it shall issue an order requiring 44,953
the provision of protective services only if they are available 44,954
locally. 44,955
(C) If the court orders placement under this section it 44,957
shall give consideration to the choice of residence of the adult. 44,958
The court may order placement in settings which have been 44,959
approved by he THE department of human JOB AND FAMILY services as 44,960
meeting at least minimum community standards. for safety, 44,961
security, and the requirements of daily living. The court shall 44,962
not order an institutional placement unless it has made a 44,963
specific finding entered in the record that no less restrictive 44,964
alternative can be found to meet the needs of the individual. No 44,965
individual may be committed to a hospital or public hospital as 44,966
defined in section 5122.01 of the Revised Code pursuant to this 44,967
section.
(D) The placement of an adult pursuant to court order as 44,969
provided in this section shall not be changed unless the court 44,970
authorized the transfer of placement after finding compelling 44,971
reasons to justify the transfer. Unless the court finds that an 44,972
emergency exists, the court shall notify the adult of a transfer 44,973
at least thirty days prior to the actual transfer. 44,974
(E) A court order provided for in this section shall 44,976
remain in effect for no longer than six months. Thereafter, the 44,977
1001
county department of human JOB AND FAMILY services shall review 44,978
the adult's need for continued services and, if the department 44,980
determines that there is a continued need, it shall apply for a 44,981
renewal of the order for additional periods of no longer than one 44,982
year each. The adult who is the subject of the court-ordered 44,983
services may petition for modification of the order at any time. 44,984
Sec. 5101.70. (A) If it appears that an adult in need of 44,993
protective services has the financial means sufficient to pay for 44,994
such services, the county department of human JOB AND FAMILY 44,995
services shall make an evaluation regarding such means. If the 44,997
evaluation establishes that the adult has such financial means, 44,998
the department shall initiate procedures for reimbursement 44,999
pursuant to rules promulgated by the department. If the 45,000
evaluation establishes that the adult does not have such 45,001
financial means, the services shall be provided in accordance 45,002
with the policies and procedures established by the department of 45,003
human JOB AND FAMILY services for the provision of welfare 45,005
assistance. An adult shall not be required to pay for 45,006
court-ordered protective services unless the court determines 45,007
upon a showing by the department that the adult is financially 45,008
able to pay and the court orders the adult to pay.
(B) Whenever the department has petitioned the court to 45,010
authorize the provision of protective services and the adult who 45,011
is the subject of the petition is indigent, the court shall 45,012
appoint legal counsel. 45,013
Sec. 5101.71. (A) The county departments of human JOB AND 45,022
FAMILY services shall implement sections 5101.60 to 5101.71 of 45,024
the Revised Code. The department of human JOB AND FAMILY 45,025
services may provide a program of ongoing, comprehensive, formal 45,026
training to county departments and other agencies authorized to 45,027
implement sections 5101.60 to 5101.71 of the Revised Code. 45,028
Training shall not be limited to the procedures for implementing 45,029
section 5101.62 of the Revised Code.
(B) The department DIRECTOR of human JOB AND FAMILY 45,032
1002
services may adopt rules in accordance with section 111.15 of the 45,033
Revised Code governing the county departments' implementation of 45,034
sections 5101.60 to 5101.71 of the Revised Code. The rules
adopted pursuant to this division may include a requirement that 45,035
the county departments provide on forms prescribed by the rules a 45,036
plan of proposed expenditures, and a report of actual 45,037
expenditures, of funds necessary to implement sections 5101.60 to 45,038
5101.71 of the Revised Code.
Sec. 5101.72. The department of human JOB AND FAMILY 45,047
services, to the extent of available funds, may reimburse county 45,049
departments of human JOB AND FAMILY services for all or part of 45,050
the costs they incur in implementing sections 5101.60 to 5101.71 45,051
of the Revised Code. The director of human JOB AND FAMILY 45,053
services shall adopt, and may amend or rescind, rules under 45,055
section 111.15 of the Revised Code that provide for reimbursement
of county departments of human JOB AND FAMILY services under this 45,057
section.
Sec. 5101.75. (A) As used in sections 5101.75, 5101.751, 45,066
5101.752, 5101.753, and 5101.754 of the Revised Code: 45,067
(1) "Alternative source of long-term care" includes a 45,069
residential care facility licensed under Chapter 3721. of the 45,070
Revised Code, an adult care facility licensed under Chapter 3722. 45,072
of the Revised Code, home and community-based services, and a 45,073
nursing home licensed under Chapter 3721. of the Revised Code 45,074
that is not a nursing facility. 45,075
(2) "Medicaid" means the medical assistance program 45,077
established under Chapter 5111. of the Revised Code. 45,078
(3) "Nursing facility" has the same meaning as in section 45,080
5111.20 of the Revised Code. 45,081
(4) "Representative" means a person acting on behalf of an 45,084
applicant for admission to a nursing facility. A representative 45,085
may be a family member, attorney, hospital social worker, or any 45,086
other person chosen to act on behalf of an applicant. 45,087
(5) "Third-party payment source" means a third-party payer 45,089
1003
as defined in section 3901.38 of the Revised Code or medicaid. 45,090
(B) Effective July 1, 1994, the department of human JOB 45,092
AND FAMILY services may assess a person applying or intending to
apply for admission to a nursing facility who is not an applicant 45,093
for or recipient of medicaid to determine whether the person is 45,094
in need of nursing facility services and whether an alternative 45,095
source of long-term care is more appropriate for the person in 45,096
meeting his THE PERSON'S physical, mental, and psychosocial needs 45,097
than admission to the facility to which he THE PERSON has 45,098
applied.
Each assessment shall be performed by the department or an 45,100
agency designated by the department under section 5101.751 of the 45,101
Revised Code and shall be based on information provided by the 45,102
person or his THE PERSON'S representative. It shall consider the 45,103
person's physical, mental, and psychosocial needs and the 45,104
availability and effectiveness of informal support and care. The 45,105
department or designated agency shall determine the person's 45,107
physical, mental, and psychosocial needs by using, to the maximum 45,108
extent appropriate, information from the resident assessment 45,109
instrument specified in rules adopted by the department under 45,110
division (A) of section 5111.231 of the Revised Code. The 45,111
department or designated agency shall also use the criteria and
procedures established in rules adopted by the department under 45,112
division (I) of this section. Assessments may be performed only 45,113
by persons certified by the department under section 5101.752 of 45,114
the Revised Code. The department or designated agency shall make 45,115
a recommendation on the basis of the assessment and, not later 45,116
than the time the assessment is required to be performed under 45,117
division (D) of this section, give the person assessed written 45,118
notice of the recommendation, which shall explain the basis for 45,119
the recommendation. If the department or designated agency 45,120
determines pursuant to an assessment that an alternative source 45,122
of long-term care is more appropriate for the person than 45,123
admission to the facility to which he THE PERSON has applied, the 45,124
1004
department or designated agency shall include in the notice 45,126
possible sources of financial assistance for the alternative 45,127
source of long-term care. If the department or designated agency
has been informed that the person has a representative, it shall 45,128
give the notice to the representative. 45,129
(C) A person is not required to be assessed under division 45,131
(B) of this section if any of the following apply: 45,132
(1) The circumstances specified by rules adopted under 45,134
division (I) of this section exist. 45,135
(2) He THE PERSON is to receive care in a nursing facility 45,137
under a contract for continuing care as defined in section 173.13 45,139
of the Revised Code. 45,140
(3) He THE PERSON has a contractual right to admission to 45,142
a nursing facility operated as part of a system of continuing 45,144
care in conjunction with one or more facilities that provide a 45,145
less intensive level of services, including a residential care 45,146
facility licensed under Chapter 3721. of the Revised Code, an 45,148
adult-care facility licensed under Chapter 3722. of the Revised 45,149
Code, or an independent living arrangement; 45,150
(4) He THE PERSON is to receive continual care in a home 45,152
for the aged exempt from taxation under section 5701.13 of the 45,154
Revised Code;
(5) He THE PERSON is to receive care in the nursing 45,156
facility for not more than fourteen days in order to provide 45,158
temporary relief to his THE PERSON'S primary caregiver and the 45,159
nursing facility notifies the department of his THE PERSON'S 45,161
admittance not later than twenty-four hours after admitting him 45,163
THE PERSON;
(6) He THE PERSON is to be transferred from another 45,165
nursing facility, unless the nursing facility from which or to 45,167
which he THE PERSON is to be transferred determines that his THE 45,169
PERSON'S medical condition has changed substantially since his 45,171
THE PERSON'S admission to the nursing facility from which he THE 45,173
PERSON is to be transferred or a review is required by a 45,174
1005
third-party payment source; 45,175
(7) He THE PERSON is to be readmitted to a nursing 45,177
facility following a period of hospitalization, unless the 45,179
hospital or nursing facility determines that his THE PERSON'S 45,180
medical condition has changed substantially since his THE 45,182
PERSON'S admission to the hospital, or a review is required by a 45,184
third-party payment source;
(8) The department or designated agency fails to complete 45,186
an assessment within the time required by division (D) or (E) of 45,187
this section or determines after a partial assessment that the 45,188
person should be exempt from the assessment. 45,189
(D) The department or designated agency shall perform a 45,191
complete assessment, or, if circumstances provided by rules 45,192
adopted under division (I) of this section exist, a partial 45,193
assessment, as follows: 45,194
(1) In the case of a hospitalized person applying or 45,196
intending to apply to a nursing facility, not later than two 45,197
working days after the person or his THE PERSON'S representative 45,198
is notified that a bed is available in a nursing facility; 45,200
(2) In the case of an emergency as determined in 45,202
accordance with rules adopted under division (I) of this section, 45,203
not later than one working day after the person or his THE 45,204
PERSON'S representative is notified that a bed is available in a 45,206
nursing facility; 45,207
(3) In all other cases, not later than five calendar days 45,209
after the person or his THE PERSON'S representative who submits 45,210
the application is notified that a bed is available in a nursing 45,212
facility. 45,213
(E) If the department or designated agency conducts a 45,215
partial assessment under division (D) of this section, it shall 45,216
complete the rest of the assessment not later than one hundred 45,217
eighty days after the date the person is admitted to the nursing 45,218
facility unless the assessment entity determines the person 45,219
should be exempt from the assessment. 45,220
1006
(F) A person assessed under this section or his THE 45,222
PERSON'S representative may file a complaint with the department 45,223
about the assessment process. The department shall work to 45,224
resolve the complaint in accordance with rules adopted under 45,225
division (I) of this section. 45,226
(G) A person is not required to seek an alternative source 45,228
of long-term care and may be admitted to or continue to reside in 45,229
a nursing facility even though an alternative source of long-term 45,230
care is available or he THE PERSON is determined pursuant to an 45,231
assessment under this section not to need nursing facility 45,233
services.
(H) No nursing facility with a provider agreement with the 45,236
department under section 5111.22 of the Revised Code shall admit 45,237
or retain any person, other than a person exempt from the
assessment requirement as provided by division (C) of this 45,238
section, as a resident unless the nursing facility has received 45,239
evidence that a complete or partial assessment has been 45,240
completed. 45,241
(I) The department DIRECTOR OF JOB AND FAMILY SERVICES 45,243
shall adopt rules in accordance with Chapter 119. of the Revised 45,245
Code to implement and administer this section. The rules shall 45,246
include all of the following:
(1) The information a person being assessed or his THE 45,248
PERSON'S representative must provide to enable the department or 45,249
designated agency to do the assessment; 45,252
(2) Criteria to be used to determine whether a person is 45,254
in need of nursing facility services; 45,255
(3) Criteria to be used to determine whether an 45,257
alternative source of long-term care is appropriate for the 45,258
person being assessed; 45,259
(4) Criteria and procedures to be used to determine a 45,261
person's physical, mental, and psychosocial needs; 45,262
(5) Criteria to be used to determine the effectiveness and 45,264
continued availability of a person's current source of informal 45,265
1007
support and care; 45,266
(6) Circumstances, in addition to those specified in 45,268
division (C) of this section, under which a person is not 45,269
required to be assessed; 45,270
(7) Circumstances under which the department or designated 45,272
agency may perform a partial assessment under division (D) of 45,273
this section;
(8) The method by which a situation will be determined to 45,275
be an emergency for the purpose of division (D)(2) of this 45,276
section; 45,277
(9) The method by which the department will attempt to 45,279
resolve complaints filed under division (F) of this section. 45,280
(J) The director of human JOB AND FAMILY services may fine 45,282
a nursing facility an amount determined by rules the director 45,283
shall adopt in accordance with Chapter 119. of the Revised Code 45,284
in either of the following circumstances: 45,285
(1) The nursing facility fails to notify the department 45,287
within the required time about an admission described in division 45,288
(C)(5) of this section; 45,289
(2) The nursing facility admits, without evidence that a 45,291
complete or partial assessment has been conducted, a person other 45,292
than a person exempt from the assessment requirement as provided 45,293
by division (C) of this section. 45,294
The director shall deposit all fines collected under this 45,296
division into the residents protection fund established by 45,297
section 5111.62 of the Revised Code. 45,298
Sec. 5101.751. (A) The department of human JOB AND FAMILY 45,307
services may designate another agency to perform assessments 45,308
under section 5101.75 of the Revised Code. If another agency is 45,309
designated to perform assessments, the department shall supervise 45,310
the agency. The department shall rescind an agency's authority 45,311
to perform assessments if the department determines the agency is 45,312
not performing assessments adequately.
(B) If the department designates another agency to perform 45,314
1008
assessments, the department shall evaluate the performance of the 45,316
agency not less than once each year. The department shall submit 45,317
to the agency a written report of the department's evaluation. 45,318
If the department concludes in an evaluation that the agency's 45,319
performance needs to be improved, the department may provide the 45,320
agency with technical assistance. If the department concludes 45,321
that the agency is not performing the assessments in accordance 45,322
with section 5101.75 of the Revised Code and the rules adopted 45,323
under that section, the department shall rescind its designation. 45,324
(C) If another agency is designated to perform 45,326
assessments, the agency shall submit to the department of human 45,327
JOB AND FAMILY services not less than once each month the
following information: 45,328
(1) The number, race, gender, and age of each person 45,330
assessed under section 5101.75 of the Revised Code to need 45,331
nursing facility services; what type of facility, including an 45,332
independent living arrangement, hospital, adult care facility, 45,333
residential care facility, nursing home, a different nursing 45,335
facility, or other type of facility, the person resided in when 45,336
he THE PERSON applied for admission to a nursing facility; and 45,337
the length of time it took the agency to authorize the admission; 45,338
(2) The number, race, gender, and age of each person 45,340
assessed under section 5101.754 of the Revised Code to need the 45,341
level of care provided by a nursing facility; what type of 45,342
facility, including an independent living arrangement, hospital, 45,343
adult care facility, residential care facility, nursing home, a 45,345
different nursing facility, or other type of facility, the person 45,346
resided in when he THE PERSON applied for admission to a nursing 45,348
facility; and the length of time it took the agency to authorize 45,349
admission;
(3) The number, race, gender, and age of each person for 45,351
whom it is determined pursuant to an assessment that an 45,352
alternative source of long-term care is appropriate; the type of 45,353
long-term care the person subsequently received; and the amount 45,354
1009
and frequency of long-term care the person received or is 45,355
receiving. 45,356
Sec. 5101.752. The department of human JOB AND FAMILY 45,365
services shall certify registered nurses licensed under Chapter 45,366
4723. of the Revised Code and social workers and independent 45,367
social workers licensed under Chapter 4757. of the Revised Code 45,368
who meet certification requirements established by rule to
perform assessments under section 5101.75 or 5101.754 of the 45,369
Revised Code. The department DIRECTOR OF JOB AND FAMILY SERVICES 45,370
shall adopt rules in accordance with Chapter 119. of the Revised 45,372
Code governing the certification process and requirements. The
rules shall specify the education, experience, or training in 45,373
geriatric long-term care a person must have to qualify for 45,374
certification.
Sec. 5101.754. On receipt of a waiver from the United 45,383
States department of health and human services of any federal 45,384
requirements that prohibit or restrict the implementation of this 45,386
section or determining that a federal waiver is not necessary, 45,388
the department of human JOB AND FAMILY services may designate
another agency to conduct the assessments required by section 45,390
5111.204 of the Revised Code. The assessments shall be conducted 45,391
in accordance with rules adopted by the department of human 45,392
services under section 5111.204 of the Revised Code. The agency 45,394
shall report assessments in accordance with rules the department 45,395
DIRECTOR OF JOB AND FAMILY SERVICES shall adopt in accordance 45,396
with Chapter 119. of the Revised Code.
Sec. 5101.80. (A) The department of human JOB AND FAMILY 45,405
services shall do all of the following: 45,406
(1) Prepare and submit to the United States secretary of 45,408
health and human services a Title IV-A state plan, and amendments 45,410
to the plan that the department determines necessary, for the 45,411
Ohio works first program established under Chapter 5107. of the 45,413
Revised Code and the prevention, retention, and contingency
program established under Chapter 5108. of the Revised Code; 45,414
1010
(2) Prescribe forms for applications, certificates, 45,416
reports, records, and accounts of county departments of human JOB 45,417
AND FAMILY services, and other matters related to the Ohio works 45,418
first program and the prevention, retention, and contingency 45,419
program;
(3) Make such reports, in such form and containing such 45,421
information as the department may find necessary to assure the 45,424
correctness and verification of such reports, regarding the Ohio 45,425
works first program and the prevention, retention, and
contingency program; 45,426
(4) Require reports and information from each county 45,428
department of human JOB AND FAMILY services as may be necessary 45,429
or advisable regarding the Ohio works first program and the 45,430
prevention, retention, and contingency program; 45,431
(5) Afford a fair hearing in accordance with section 45,433
5101.35 of the Revised Code to any applicant for, or participant 45,435
or former participant of, the Ohio works first program or the 45,436
prevention, retention, and contingency program aggrieved by a
decision regarding either program; 45,437
(6) Administer and expend, pursuant to Chapters 5107. and 45,440
5108. of the Revised Code, any sums appropriated by the general 45,441
assembly for the purpose of those chapters and all sums paid to 45,443
the state by the secretary of the treasury of the United States 45,445
as authorized by Title IV-A of the "Social Security Act," 49 45,447
Stat. 620 (1935), 42 U.S.C. 301, as amended; 45,448
(7) Conduct investigations as are necessary regarding the 45,451
Ohio works first program and the prevention, retention, and 45,452
contingency program;
(8) Enter into reciprocal agreements with other states 45,454
relative to the provision of Ohio works first and prevention, 45,456
retention, and contingency to residents and nonresidents; 45,457
(9) Contract with a private entity to conduct an 45,460
independent on-going evaluation of the Ohio works first program 45,461
and the prevention, retention, and contingency program. The 45,462
1011
contract must require the private entity to do all of the 45,464
following:
(a) Examine issues of process, practice, impact, and 45,466
outcomes;
(b) Study former participants of Ohio works first who have 45,469
not participated in Ohio works first for at least one year to 45,470
determine whether they are employed, the type of employment in 45,472
which they are engaged, the amount of compensation they are 45,473
receiving, whether their employer provides health insurance, 45,474
whether and how often they have received assistance or services
under the prevention, retention, and contingency program, and 45,475
whether they are successfully self sufficient; 45,476
(c) Provide the department an initial report of the 45,478
evaluation not later than two years after the effective date of 45,479
this amendment OCTOBER 1, 1997, and provide subsequent reports at 45,480
times the department specifies. 45,482
(10) Not later than March 1, 1998, and the first day of 45,486
each September and March thereafter until September 1, 2001, 45,488
prepare a county by county report concerning individuals who 45,489
cease to participate in Ohio works first that contains the 45,490
reasons the individuals ceased to participate, including 45,491
employment, marital status, and relocation; 45,492
(11) Not later than January 1, 2001, and the first day of 45,496
each January and July thereafter, prepare a report containing 45,498
information on the following:
(a) A county by county breakdown of individuals who cease 45,501
to participate in Ohio works first and the reasons the 45,502
individuals ceased to participate, including exhausting the time 45,503
limits for participation set forth in section 5107.18 of the 45,504
Revised Code. 45,505
(b) Individuals who have been exempted from the time 45,508
limits set forth in section 5107.18 of the Revised Code and the 45,510
reasons for the exemption. 45,511
(B) The department shall provide copies of the reports it 45,513
1012
receives under division (A)(9) of this section and prepares under 45,515
divisions (A)(10) and (11) of this section to the governor, the 45,517
president and minority leader of the senate, and the speaker and 45,518
minority leader of the house of representatives. The department 45,519
shall provide copies of the reports to any private or government 45,520
entity on request.
(C) An authorized representative of the department or a 45,522
county department of human JOB AND FAMILY services shall have 45,523
access to all records and information bearing thereon for the 45,524
purposes of investigations conducted pursuant to this section. 45,525
Sec. 5101.81. (A) Prior to submitting the Title IV-A 45,535
state plan required by section 5101.80 of the Revised Code to the 45,538
United States secretary of health and human services, the 45,539
department of human JOB AND FAMILY services shall submit the plan 45,540
to all of the following members of the general assembly: 45,541
(1) The president and minority leader of the senate; 45,543
(2) The speaker and minority leader of the house of 45,545
representatives;
(3) The chairpersons and ranking minority members of the 45,547
house and senate committees with primary responsibility for 45,548
appropriations.
(B) The president of the senate and the speaker of the 45,550
house of representatives may establish a joint study committee to 45,551
examine whether the Title IV-A state plan complies with federal 45,553
statutes and regulations and state law. If the committee is 45,554
established, the president of the senate shall appoint three 45,555
members of the senate serving on the senate committee with 45,556
primary responsibility for appropriations and the speaker of the 45,557
house of representatives shall appoint three members of the house 45,558
of representatives serving on the house of representatives 45,559
committee with primary responsibility for appropriations. Not 45,560
more than two members of the senate and not more than two members 45,562
of the house of representatives appointed to the committee shall
be members of the same political party. The committee may issue 45,564
1013
a report to the department of human JOB AND FAMILY services 45,565
regarding the committee's findings. The department shall make 45,566
corrections to the Title IV-A state plan that are necessary to 45,569
ensure it is in compliance with federal statutes and regulations 45,570
and state law.
Sec. 5101.83. (A) As used in this section: 45,579
(1) "Assistance group" has the same meaning as in sections 45,581
5107.02 and 5108.01 of the Revised Code. 45,582
(2) "Fraudulent assistance" means assistance and services, 45,585
including cash assistance, provided under the Ohio works first 45,586
program established under Chapter 5107., or the prevention, 45,587
retention, and contingency program established under Chapter 45,588
5108. of the Revised Code, to or on behalf of an assistance group 45,589
that is provided as a result of fraud by a member of the 45,591
assistance group, including an intentional violation of the 45,592
program's requirements. "Fraudulent assistance" does not include 45,593
assistance or services to or on behalf of an assistance group 45,595
that is provided as a result of an error that is the fault of a 45,596
county department of human JOB AND FAMILY services or the state 45,597
department of human JOB AND FAMILY services. 45,598
(B) If a county director of human JOB AND FAMILY services 45,601
determines that an assistance group has received fraudulent 45,602
assistance, the assistance group is ineligible to participate in 45,603
the Ohio works first program or the prevention, retention, and 45,604
contingency program until a member of the assistance group repays 45,606
the cost of the fraudulent assistance. If a member repays the 45,607
cost of the fraudulent assistance and the assistance group 45,609
otherwise meets the eligibility requirements for the Ohio works 45,610
first program or the prevention, retention, and contingency 45,611
program, the assistance group shall not be denied the opportunity 45,612
to participate in the program. 45,613
This section does not limit the ability of a county 45,615
department of human JOB AND FAMILY services to recover erroneous 45,616
payments under section 5107.76 of the Revised Code. 45,618
1014
The state department of human JOB AND FAMILY services shall 45,620
adopt rules in accordance with Chapter 119. of the Revised Code 45,622
to implement this section.
Sec. 5101.851. There is hereby created the kinship care 45,631
services planning council in the department of human JOB AND 45,632
FAMILY services. The following shall serve on the council: 45,633
(A) The superintendent of public instruction and the 45,635
directors of human JOB AND FAMILY services, youth services, 45,636
health, mental health, alcohol and drug addiction services, 45,638
mental retardation and developmental disabilities, and aging or 45,639
the superintendent's or directors' designees; 45,640
(B) Representatives of the following as appointed by the 45,642
director of human JOB AND FAMILY services not later than August 45,643
30, 1999:
(1) Public children services agencies; 45,645
(2) County departments of human JOB AND FAMILY services; 45,647
(3) Child support enforcement agencies; 45,649
(4) Area agencies on aging; 45,651
(5) Legal aid societies; 45,653
(6) Organizations the director determines should be 45,655
represented on the council. 45,656
Sec. 5101.852. Based on the report of the grandparents 45,665
raising grandchildren task force created by Am. Sub. H.B. 215 of 45,666
the 122nd general assembly, the kinship care services planning 45,667
council shall make recommendations to the director of human JOB 45,668
AND FAMILY services that specify the types of services that 45,670
should be included as part of a program providing support 45,671
services to kinship caregivers.
The council shall make its recommendations to the director 45,673
of human JOB AND FAMILY services no later than December 31, 1999. 45,674
The council shall cease to exist on the date it makes the 45,676
recommendations.
Sec. 5101.853. (A) As used in this section, "qualified 45,685
state expenditures" has the meaning provided by section 45,686
1015
409(a)(7)(B)(i) of the "Personal Responsibility and Work 45,687
Opportunity Reconciliation Act of 1996," 110 Stat. 2105, 42 45,688
U.S.C.A. 609(a)(7)(B)(i).
(B) Using qualified state expenditures and based on the 45,690
recommendations of the kinship care services planning council, 45,691
the department of human JOB AND FAMILY services shall establish a 45,692
program providing support services to kinship caregivers that 45,694
addresses the needs of those caregivers. The department shall 45,695
establish the program no later than March 31, 2000. The program 45,696
shall provide support services that include the following: 45,697
(1) Publicly funded child day-care; 45,699
(2) Respite care; 45,701
(3) Training related to caring for special needs children; 45,703
(4) A toll-free telephone number that may be called to 45,705
obtain basic information about the rights of, and services 45,706
available to, kinship caregivers; 45,707
(5) Legal services. 45,709
Sec. 5101.854. The department of human JOB AND FAMILY 45,718
services shall adopt rules in accordance with Chapter 119. of the 45,720
Revised Code to implement the program to provide support services 45,721
to kinship caregivers. To the extent permitted by federal law 45,722
and the Revised Code, the rules may expand eligibility for 45,723
programs administered by the department in a manner making 45,724
kinship caregivers eligible for the programs.
Sec. 5101.93. (A) There is hereby established a welfare 45,734
oversight council consisting of eight voting members, four of 45,735
whom shall be members of the house of representatives, two 45,736
appointed by the speaker and two appointed by the minority leader 45,737
of the house of representatives, not more than two of whom shall 45,738
be members of the same political party, and four of whom shall be 45,739
members of the senate, two appointed by the president and two 45,740
appointed by the minority leader of the senate, not more than two 45,741
of whom shall be members of the same political party. The 45,742
director DIRECTORS of administrative services, the administrator 45,744
1016
of the bureau of employment services, and the director of human 45,746
JOB AND FAMILY services shall be ex officio nonvoting members and 45,747
two. TWO representatives of the general public appointed by the 45,749
governor shall be nonvoting members of the council. The council 45,750
may, by a majority vote, add other nonvoting members to the 45,751
council. A vacancy on the council shall be filled in the same 45,753
manner as the original appointment. 45,754
(B) The speaker of the house of representatives shall 45,756
designate the initial chairperson of the welfare oversight 45,757
council and the president of the senate shall designate the 45,758
initial vice-chairperson of the council. Thereafter, the 45,759
authority to designate the chairperson and the vice-chairperson 45,760
shall alternate between the speaker of the house and the 45,761
president of the senate. The chairperson and vice-chairperson 45,762
and other members of the council shall serve one-year terms. 45,763
The council shall meet at least four times a year in 45,766
Columbus or other locations selected by the chairperson to 45,767
monitor and review the Ohio works first program established under 45,768
Chapter 5107. of the Revised Code, including sanctions imposed 45,769
under section 5107.16 of the Revised Code; the prevention, 45,770
retention, and contingency program established under Chapter 45,772
5108. of the Revised Code; and the department of human JOB AND 45,773
FAMILY services, county departments of human JOB AND FAMILY 45,774
services, child support enforcement agencies, and public children
services agencies. The council may visit the department, county 45,776
departments, and agencies. 45,777
The chairperson of the council shall determine the agenda 45,780
for each meeting of the council, except that if at least four 45,781
legislative members of the council submit a written request to 45,782
the chairperson to consider an item, the chairperson shall place 45,783
the item on the agenda of the council's next regularly scheduled 45,784
meeting occurring more than ten days after the written request is 45,785
submitted to the chairperson.
(C) The members of the welfare oversight council shall 45,787
1017
serve without compensation but shall be reimbursed for their 45,788
actual and necessary expenses incurred in the discharge of their 45,789
official duties. In the discharge of its duties the council may 45,791
issue subpoenas compelling the attendance of witnesses and the 45,792
production of any records of the department of human JOB AND
FAMILY services or local agencies. The council shall adopt rules 45,793
to implement this section. 45,795
(D) The welfare oversight council shall advise the general 45,797
assembly on the performance of the department of human JOB AND 45,798
FAMILY services, county departments of human JOB AND FAMILY 45,799
services, child support enforcement agencies, and public children 45,801
services agencies. The council shall submit recommendations to 45,803
the general assembly for any changes in law that the council 45,804
considers necessary or appropriate.
Sec. 5103.03. The department DIRECTOR of human JOB AND 45,814
FAMILY services shall adopt rules as necessary for the adequate 45,815
and competent management of institutions or associations. Except 45,816
for facilities under the control of the department of youth 45,818
services, places of detention for children established and
maintained pursuant to sections 2151.34 to 2151.3415 of the 45,819
Revised Code, and child day-care centers subject to Chapter 5104. 45,820
of the Revised Code, the department of human JOB AND FAMILY 45,821
services every two years shall pass upon the fitness of every 45,822
institution and association that receives, or desires to receive 45,823
and care for children, or places children in private homes. 45,824
When the department of human JOB AND FAMILY services is 45,826
satisfied as to the care given such children, and that the 45,827
requirements of the statutes and rules covering the management of 45,828
such institutions and associations are being complied with, it 45,829
shall issue to the institution or association a certificate to 45,830
that effect. A certificate is valid for two years, unless sooner 45,831
revoked by the department. When determining whether an 45,832
institution or association meets a particular requirement for 45,833
certification, the department may consider the institution or 45,834
1018
association to have met the requirement if the institution or 45,835
association shows to the department's satisfaction that it has 45,836
met a comparable requirement to be accredited by a nationally 45,837
recognized accreditation organization. 45,838
The department may issue a temporary certificate valid for 45,840
less than one year authorizing an institution or association to 45,841
operate until minimum requirements have been met. 45,842
The department may revoke a certificate if it finds that 45,844
the institution or association is in violation of law or rule. 45,846
No juvenile court shall commit a child to an association or
institution that is required to be certified under this section 45,848
if its certificate has been revoked or, if after revocation, the 45,849
date of reissue is less than fifteen months prior to the proposed 45,851
commitment.
Every two years, on a date specified by the department, 45,853
each institution or association desiring certification or 45,854
recertification shall submit to the department a report showing 45,855
its condition, management, competency to care adequately for the 45,856
children who have been or may be committed to it or to whom it 45,857
provides care or services, the system of visitation it employs 45,858
for children placed in private homes, and other information the 45,859
department requires. 45,860
The department shall, not less than once each year, send a 45,862
list of certified institutions and associations to each juvenile 45,864
court and certified association or institution. 45,865
No person shall receive children or receive or solicit 45,867
money on behalf of such an institution or association not so 45,869
certified or whose certificate has been revoked. 45,870
The department DIRECTOR may delegate by rule any duties 45,873
imposed on it by this section to inspect and approve family 45,874
foster homes and treatment foster homes to public children
services agencies, private child placing agencies, or private 45,875
noncustodial agencies. 45,876
Sec. 5103.031. (A) As used in this section, "HIV" has the 45,885
1019
same meaning as in section 3701.24 of the Revised Code. 45,886
(B) The department DIRECTOR of human JOB AND FAMILY 45,889
services shall provide, by rules adopted pursuant to Chapter 119. 45,890
of the Revised Code, for the licensure of crisis nurseries as 45,891
either type A or type B crisis nurseries. The rules shall 45,892
specify that a license shall not be issued to an applicant for 45,893
licensure as a crisis nursery if the conditions at any of its 45,894
facilities would jeopardize the health or safety of the children 45,895
to whom it provides care.
(C) A type A crisis nursery shall provide temporary 45,897
shelter and other care for not more than twenty children at one 45,898
time. Each child shall be under age six and drug-exposed, 45,900
HIV-infected, or referred by a public children services agency,
as defined in section 2151.011 of the Revised Code. No child 45,901
shall receive shelter or other care from a particular type A 45,902
crisis nursery for a period exceeding sixty days. 45,903
(D) A type B crisis nursery shall provide, without 45,905
charging a fee, temporary services and care to children under age 45,906
thirteen who are abused and neglected, at high risk of abuse and 45,907
neglect, or members of families receiving child protective 45,908
services. A type B crisis nursery shall also provide referrals 45,909
to support services. No child shall receive services or care 45,910
from a type B crisis nursery for more than thirty days in any 45,911
year. 45,912
Sec. 5103.032. The department of human JOB AND FAMILY 45,921
services may apply to the United States secretary of health and 45,923
human services for a federal grant under the "Temporary Child 45,924
Care for Children With Disabilities and Crisis Nurseries Act," 45,925
100 Stat. 907 (1986), 42 U.S.C. 5117, to assist type B crisis
nurseries licensed under section 5103.031 of the Revised Code in 45,926
providing temporary services and care to minors. 45,927
Sec. 5103.04. No association whose object embraces the 45,936
care of dependent, neglected, abused, or delinquent children, or 45,937
the placing of such children in private homes, shall be 45,938
1020
incorporated unless the proposed articles of incorporation have 45,939
been submitted first to the department of human JOB AND FAMILY 45,940
services. The secretary of state shall not issue a certificate 45,941
of incorporation to such association until there is filed in his 45,942
THE SECRETARY OF STATE'S office the certificate of the department 45,944
that it has examined the articles of incorporation, that in its 45,945
judgment the incorporators are reputable and respectable persons, 45,946
the proposed work is needed, and the incorporation of such 45,947
association is desirable and for the public good. 45,948
Amendments proposed to the articles of incorporation of any 45,950
such association shall be submitted in like manner to the 45,951
department, and the secretary of state shall not record such 45,952
amendment or issue his A certificate therefor until there is 45,953
filed in his THE SECRETARY OF STATE'S office the certificate of 45,955
the department that it has examined such amendment, that the 45,957
association in question is performing in good faith the work 45,958
undertaken by it, and that such amendment is a proper one, and 45,959
for the public good.
Sec. 5103.07. The department of human JOB AND FAMILY 45,968
services shall administer funds received under Title IV-B of the 45,970
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 620, as 45,972
amended, the "Child Abuse Prevention and Treatment Act," 88 Stat.
4 (1974), 42 U.S.C.A. 5101, as amended, and the "Family Violence 45,973
Prevention and Services Act," 98 Stat. 1757 (1984), 42 U.S.C.A. 45,974
10401, as amended. In administering these funds, the department 45,975
may establish a child welfare services program, a child abuse and 45,976
neglect prevention and adoption reform program, and a family 45,977
violence prevention program. The department has all powers 45,978
necessary for the adequate administration of these funds and
programs, including the adoption of. THE DIRECTOR OF JOB AND 45,979
FAMILY SERVICES MAY ADOPT rules in accordance with section 111.15 45,980
of the Revised Code and the issuance of ISSUE appropriate orders 45,981
AS NECESSARY FOR THE ADEQUATE ADMINISTRATION OF THESE FUNDS AND 45,982
PROGRAMS.
1021
Sec. 5103.08. The department of human JOB AND FAMILY 45,991
services may enter into contracts with the department of 45,993
education authorizing the department of human JOB AND FAMILY 45,994
services to administer funds received by the department of 45,995
education under the "State Dependent Care Development Grants 45,996
Act," 100 Stat. 968 (1986), 42 U.S.C.A. 9871, as amended. In 45,998
fulfilling its duties under such a contract, the department of
human JOB AND FAMILY services may make grants to or enter into
contracts with other public or private entities. 45,999
Sec. 5103.12. (A) As used in this section: 46,008
(1) "Hearing" has the same meaning as in section 119.01 of 46,011
the Revised Code.
(2) "Permanent custody" has the same meaning as in section 46,014
2151.011 of the Revised Code.
(B) The department of human JOB AND FAMILY services may 46,016
enter into agreements with public children services agencies and 46,017
private child placing agencies under which the department will 46,018
make payments to encourage the adoptive placement of children in 46,019
the permanent custody of a public children services agency. If 46,020
the department terminates, or refuses to enter into or renew, an 46,021
agreement with a public children services agency or private child 46,022
placing agency under this section, the agency is entitled to a 46,023
hearing.
Notwithstanding section 127.16 of the Revised Code, the 46,027
department is not required to follow competitive selection 46,028
procedures or to receive the approval of the controlling board to 46,029
enter into agreements under this section or to make payments 46,030
pursuant to the agreements. 46,031
(C) The department DIRECTOR OF JOB AND FAMILY SERVICES 46,033
shall adopt rules in accordance with Chapter 119. of the Revised 46,034
Code to implement this section, including rules that establish 46,036
all of the following:
(1) A single, uniform agreement that, at a minimum, 46,038
prescribes a payment schedule and the terms and conditions with 46,039
1022
which a public children services agency or private child placing 46,040
agency must comply to receive a payment; 46,041
(2) Eligibility requirements a public children services 46,043
agency or private child placing agency must meet to enter into an 46,045
agreement with the department;
(3) Eligibility requirements that a child who is the 46,047
subject of an agreement must meet; 46,048
(4) Other administrative and operational requirements. 46,050
Sec. 5103.14. The department of human JOB AND FAMILY 46,059
services shall enforce sections 2151.39, 5103.15, and 5103.16 of 46,060
the Revised Code.
Sec. 5103.151. (A) As used in this section and in section 46,069
5103.152 of the Revised Code, "identifying information" has the 46,070
same meaning as in section 3107.01 of the Revised Code. 46,071
(B) Except as provided in division (C) of this section, a 46,073
parent of a minor who will be, if adopted, an adopted person as 46,074
defined in section 3107.45 of the Revised Code shall do all of 46,075
the following as a condition of a juvenile court approving the 46,076
parent's agreement with a public children services agency or 46,077
private child placing agency under division (B)(1) of section 46,078
5103.15 of the Revised Code:
(1) Appear personally before the court; 46,080
(2) Sign the component of the form prescribed by the 46,082
department of human services under division (A)(1)(a) of section 46,083
3107.083 of the Revised Code; 46,084
(3) Check either the "yes" or "no" space provided on the 46,086
component of the form prescribed under division (A)(1)(b) of 46,087
section 3107.083 of the Revised Code and sign that component; 46,088
(4) If the parent is the mother, complete and sign the 46,090
component of the form prescribed under division (A)(1)(c) of 46,091
section 3107.083 of the Revised Code. 46,092
At the time the parent signs the components of the form 46,094
prescribed under divisions (A)(1)(a), (b), and (c) of section 46,095
3107.083 of the Revised Code, the parent may sign, if the parent 46,096
1023
chooses to do so, the components of the form prescribed under 46,097
divisions (A)(1)(d), (e), and (f) of that section. After the 46,099
parent signs the components required to be signed and any
discretionary components the parent chooses to sign, the parent 46,100
or agency shall file the form and agreement with the court. The 46,101
court or agency shall give the parent a copy of the form and 46,103
agreement. The court and agency shall keep a copy of the form
and agreement in the court and agency's records. The agency 46,104
shall file a copy of the form and agreement with the probate 46,105
court with which a petition to adopt the child who is the subject 46,107
of the agreement is filed.
The juvenile court shall question the parent to determine 46,109
that the parent understands the adoption process, the 46,110
ramifications of entering into a voluntary permanent custody 46,111
surrender agreement, each component of the form prescribed under 46,112
division (A)(1) of section 3107.083 of the Revised Code, and that 46,113
the child and adoptive parent may receive identifying information 46,115
about the parent in accordance with section 3107.47 of the 46,116
Revised Code unless the parent checks the "no" space provided on 46,117
the component of the form prescribed under division (A)(1)(b) of 46,118
section 3107.083 of the Revised Code or has a denial of release
form filed with the department of health under section 3107.46 of 46,119
the Revised Code. The court also shall question the parent to 46,120
determine that the parent enters into the permanent custody 46,121
surrender agreement voluntarily and any decisions the parent 46,122
makes in filling out the form prescribed under division (A)(1) of 46,123
section 3107.083 of the Revised Code are made voluntarily. 46,124
(C) A juvenile court may approve an agreement entered into 46,127
under division (B)(1) of section 5103.15 of the Revised Code 46,128
between a public children services agency or private child 46,129
placing agency and the parents of a child who is less than six 46,130
months of age and will be, if adopted, an adopted person as
defined in section 3107.45 of the Revised Code without the 46,131
parents personally appearing before the court if both parents do 46,132
1024
all of the following:
(1) Enter into the agreement with the agency; 46,134
(2) Sign the component of the form prescribed by the 46,136
department of human services under division (A)(1)(a) of section 46,138
3107.083 of the Revised Code;
(3) Check either the "yes" or "no" space provided on the 46,140
component of the form prescribed under division (A)(1)(b) of 46,141
section 3107.083 of the Revised Code and sign that component. 46,142
At the time the parents sign the components of the form 46,144
prescribed under divisions (A)(1)(a) and (b) of section 3107.083 46,146
of the Revised Code, the mother shall complete and sign the 46,148
component of the form prescribed under division (A)(1)(c) of that 46,149
section and the agency shall provide the parents the opportunity 46,150
to sign, if they choose to do so, the components of the form 46,151
prescribed under divisions (A)(1)(d), (e), and (f) of that 46,152
section. Not later than two business days after the parents 46,153
enter into the agreements and sign the components of the form 46,154
required to be signed and any discretionary components the 46,155
parents choose to sign, the agency shall file the agreements and 46,156
forms with the court. The agency shall give the parents a copy
of the agreements and forms. At the time the agency files the 46,157
agreements and forms with the court, the agency also shall file 46,158
with the court all other documents the department DIRECTOR of 46,159
human JOB AND FAMILY services requires by rules adopted under 46,160
division (D) of section 3107.083 of the Revised Code to be filed 46,162
with the court. The court and agency shall keep a copy of the
agreements, forms, and documents in the court and attorney's 46,163
records. The agency shall file a copy of the agreements, forms, 46,164
and documents with the probate court with which a petition to 46,165
adopt the child who is the subject of the agreement is filed. 46,166
(D) Except as provided in division (E) of this section, a 46,169
parent of a minor, who will be, if adopted, an adopted person as 46,170
defined in section 3107.39 of the Revised Code, shall do all of 46,171
the following as a condition of a juvenile court approving the
1025
parent's agreement with a public children services agency or 46,172
private child placing agency under division (B)(1) of section 46,173
5103.15 of the Revised Code:
(1) Appear personally before the court; 46,175
(2) Sign the component of the form prescribed by the 46,177
department of human services under division (B)(1)(a) of section 46,178
3107.081 of the Revised Code; 46,179
(3) If the parent is the mother, complete and sign the 46,181
component of the form prescribed under division (B)(1)(b) of 46,182
section 3107.083 of the Revised Code. 46,183
At the time the parent signs the components prescribed 46,185
under division (B)(1)(a) and (b) of section 3107.081 of the 46,186
Revised Code, the parent may sign, if the parent chooses to do 46,187
so, the components of the form prescribed under divisions 46,188
(B)(1)(c), (d), and (e) of that section. After the parent signs 46,189
the components required to be signed and any discretionary 46,190
components the parent chooses to sign, the parent or agency shall 46,191
file the form and agreement with the court. The court or agency 46,192
shall give the parent a copy of the form and agreement. The 46,193
court and agency shall keep a copy of the form and agreement in
the court and agency's records. The agency shall file a copy of 46,194
the form and agreement with the probate court with which a 46,195
petition to adopt the child who is the subject of the agreement 46,196
is filed.
The juvenile court shall question the parent to determine 46,198
that the parent understands the adoption process, the 46,199
ramifications of entering into a voluntary permanent custody 46,200
surrender agreement, and each component of the form prescribed 46,202
under division (B)(1) of section 3107.083 of the Revised Code. 46,203
The court also shall question the parent to determine that the 46,204
parent enters into the permanent custody surrender agreement 46,206
voluntarily and any decisions the parent makes in filling out the
form are made voluntarily. 46,207
(E) A juvenile court may approve an agreement entered into 46,209
1026
under division (B)(1) of section 5103.15 of the Revised Code 46,210
between a public children services agency or private child 46,211
placing agency and the parent of a child who is less than six 46,212
months of age and will be, if adopted, an adopted person as
defined in section 3107.39 of the Revised Code without the parent 46,213
personally appearing before the court if the parent does both of 46,214
the following:
(1) Signs the component of the form prescribed by the 46,216
department of humanservices under division (B)(1)(a) of section 46,217
3107.083 of the Revised Code; 46,218
(2) If the parent is the mother, completes and signs the 46,220
component of the form prescribed under division (B)(1)(b) of 46,221
section 3107.083 of the Revised Code. 46,222
At the time the parent signs that component, the agency 46,224
shall provide the parent the opportunity to sign, if the parent 46,225
chooses to do so, the components of the form prescribed under 46,226
divisions (B)(1)(c), (d), and (e) of section 3107.083 of the 46,228
Revised Code. Not later than two business days after the parent 46,229
enters into the agreement and signs the components of the form
required to be signed and any discretionary components the parent 46,230
chooses to sign, the agency shall file the agreement and form 46,231
with the court. The agency shall give the parent a copy of the 46,232
agreement and form. At the time the agency files the agreement 46,233
and form with the court, the agency also shall file with the 46,234
court all other documents the department DIRECTOR of human JOB 46,235
AND FAMILY services requires by rules adopted under division (D) 46,236
of section 3107.083 of the Revised Code to be filed with the 46,237
court. The court and agency shall keep a copy of the agreement, 46,238
form, and documents in the court and agency's records. The 46,239
agency shall file a copy of the agreement, form, and documents 46,241
with the probate court with which a petition to adopt the child
who is the subject of the agreement is filed. 46,242
Sec. 5103.152. Not less than seventy-two hours before a 46,251
public children services agency or private child placing agency 46,253
1027
enters into an agreement with a parent under division (B) of 46,254
section 5103.15 of the Revised Code, an assessor shall meet in 46,256
person with the parent and do both of the following:
(A) Provide the parent with a copy of the written 46,258
materials about adoption prepared by the department of human JOB 46,259
AND FAMILY services under division (C) of section 3107.083 of the 46,260
Revised Code, discuss with the parent the adoption process and
ramifications of a parent entering into a voluntary permanent 46,261
custody surrender agreement, and provide the parent the 46,262
opportunity to review the materials and ask questions about the 46,263
materials, discussion, and related matters. 46,264
(B) Unless the child who is the subject of the agreement, 46,266
if adopted, will be an adopted person as defined in section 46,267
3107.39 of the Revised Code, inform the parent that the parent's 46,268
child and the adoptive parent may receive, in accordance with 46,270
section 3107.47 of the Revised Code, identifying information 46,271
about the parent that is contained in the child's adoption file 46,272
maintained by the department of health unless the parent checks 46,274
the "no" space provided on the component of the form prescribed 46,275
under division (A)(1)(b) of section 3107.083 of the Revised Code 46,276
or signs and has filed with the department a denial of release 46,277
form prescribed under section 3107.50 of the Revised Code. 46,278
Sec. 5103.154. (A) Information concerning all children 46,289
who are, pursuant to section 2151.353 or 5103.15 of the Revised 46,290
Code, in the permanent custody of an institution or association 46,291
certified by the department of human JOB AND FAMILY services 46,292
under section 5103.03 of the Revised Code shall be listed with 46,293
the department of human services within ninety days after 46,295
permanent custody is effective, unless the child has been placed 46,296
for adoption or unless an application for placement was initiated 46,297
under section 5103.16 of the Revised Code.
(B) All persons who wish to adopt children, and are 46,299
approved by an agency so empowered under this chapter, shall be 46,300
listed with the department of human services within ninety days 46,301
1028
of approval, unless a person requests in writing that that 46,302
person's name not be so listed, or has had a child placed in that 46,304
person's home in preparation for adoption, or has filed a 46,305
petition for adoption.
(C) All persons who wish to adopt a child with special 46,307
needs as defined in rules adopted under section 5153.163 of the 46,308
Revised Code, and who are approved by an agency so empowered 46,309
under this chapter, shall be listed separately by the department 46,310
of human services within ninety days of approval, unless a person 46,311
requests in writing that that person's name not be so listed, or 46,312
has had a child with special needs placed in that person's home 46,313
in preparation for adoption, or has filed a petition for 46,315
adoption.
(D) The department shall forward information on such 46,317
children and listed persons at least quarterly, to all public 46,318
children services agencies and all certified agencies. 46,320
(E) The appropriate listed names shall be removed when a 46,322
child is placed in an adoptive home or when a person withdraws an 46,323
application for adoption. 46,324
(F) No later than six months after the end of each fiscal 46,326
year, the department of human services shall compile a report of 46,327
its conclusions regarding the effectiveness of its actions 46,328
pursuant to this section and of the restrictions on placement 46,329
under division (E) of section 5153.163 of the Revised Code in 46,331
increasing adoptive placements of children with special needs,
together with its recommendations, and shall submit a copy of the 46,332
report to the chairpersons of the principal committees of the 46,333
senate and the house of representatives who consider welfare 46,334
legislation.
Sec. 5103.16. (A) Except as otherwise provided in this 46,343
section, no child shall be placed or accepted for placement under 46,344
any written or oral agreement or understanding that transfers or 46,345
surrenders the legal rights, powers, or duties of the legal 46,346
parent, parents, or guardian of the child into the temporary or 46,347
1029
permanent custody of any association or institution that is not 46,349
certified by the department of human JOB AND FAMILY services 46,350
under section 5103.03 of the Revised Code, without the written 46,351
consent of the office in the department that oversees the 46,352
interstate compact on placement of children established under
section 5103.20 of the Revised Code, or by a commitment of a 46,353
juvenile court, or by a commitment of a probate court as provided 46,354
in this section. A child may be placed temporarily without 46,355
written consent or court commitment with persons related by blood 46,356
or marriage or in a legally licensed boarding home. 46,357
(B)(1) Associations and institutions certified under 46,359
section 5103.03 of the Revised Code for the purpose of placing 46,360
children in free foster homes or for legal adoption shall keep a 46,362
record of the temporary and permanent surrenders of children. 46,363
This record shall be available for separate statistics, which 46,364
shall include a copy of an official birth record and all 46,365
information concerning the social, mental, and medical history of 46,366
the children that will aid in an intelligent disposition of the 46,367
children in case that becomes necessary because the parents or 46,368
guardians fail or are unable to reassume custody. 46,369
(2) No child placed on a temporary surrender with an 46,371
association or institution shall be placed permanently in a 46,372
foster home or for legal adoption. All surrendered children who 46,373
are placed permanently in foster homes or for adoption shall have 46,374
been permanently surrendered, and a copy of the permanent 46,375
surrender shall be a part of the separate record kept by the 46,376
association or institution. 46,377
(C) Any agreement or understanding to transfer or 46,379
surrender the legal rights, powers, or duties of the legal parent 46,380
or parents and place a child with a person seeking to adopt the 46,381
child under this section shall be construed to contain a promise 46,382
by the person seeking to adopt the child to pay the expenses 46,383
listed in divisions (C)(1), (2), and (4) of section 3107.10 of 46,384
the Revised Code and, if the person seeking to adopt the child 46,385
1030
refuses to accept placement of the child, to pay the temporary 46,386
costs of routine maintenance and medical care for the child in a 46,387
hospital, foster home, or other appropriate place for up to 46,388
thirty days or until other custody is established for the child, 46,389
as provided by law, whichever is less. 46,390
(D) No child shall be placed or received for adoption or 46,392
with intent to adopt unless placement is made by a public 46,393
children services agency, an institution or association that is 46,395
certified by the department of human JOB AND FAMILY services 46,396
under section 5103.03 of the Revised Code to place children for 46,397
adoption, or custodians in another state or foreign country, or 46,398
unless all of the following criteria are met: 46,399
(1) Prior to the placement and receiving of the child, the 46,401
parent or parents of the child personally have applied to, and 46,402
appeared before, the probate court of the county in which the 46,403
parent or parents reside, or in which the person seeking to adopt 46,404
the child resides, for approval of the proposed placement 46,405
specified in the application and have signed and filed with the 46,406
court a written statement showing that the parent or parents are 46,407
aware of their right to contest the decree of adoption subject to 46,408
the limitations of section 3107.16 of the Revised Code; 46,409
(2) The court ordered an independent home study of the 46,412
proposed placement to be conducted as provided in section
3107.031 of the Revised Code, and after completion of the home 46,414
study, the court determined that the proposed placement is in the
best interest of the child; 46,415
(3) The court has approved of record the proposed 46,417
placement. 46,418
In determining whether a custodian has authority to place 46,420
children for adoption under the laws of a foreign country, the 46,421
probate court shall determine whether the child has been released 46,422
for adoption pursuant to the laws of the country in which the 46,423
child resides, and if the release is in a form that satisfies the 46,424
requirements of the immigration and naturalization service of the 46,425
1031
United States department of justice for purposes of immigration 46,426
to this country pursuant to section 101(b)(1)(F) of the 46,427
"Immigration and Nationality Act," 75 Stat. 650 (1961), 8 U.S.C. 46,428
1101 (b)(1)(F), as amended or reenacted. 46,429
If the parent or parents of the child are deceased or have 46,431
abandoned the child, as determined under division (A) of section 46,432
3107.07 of the Revised Code, the application for approval of the 46,433
proposed adoptive placement may be brought by the relative 46,434
seeking to adopt the child, or by the department, board, or 46,435
organization not otherwise having legal authority to place the 46,436
orphaned or abandoned child for adoption, but having legal 46,437
custody of the orphaned or abandoned child, in the probate court 46,438
of the county in which the child is a resident, or in which the 46,439
department, board, or organization is located, or where the 46,440
person or persons with whom the child is to be placed reside. 46,441
Unless the parent, parents, or guardian of the person of the 46,442
child personally have appeared before the court and applied for 46,443
approval of the placement, notice of the hearing on the 46,444
application shall be served on the parent, parents, or guardian. 46,445
The consent to placement, surrender, or adoption executed 46,447
by a minor parent before a judge of the probate court or an 46,448
authorized deputy or referee of the court, whether executed 46,449
within or outside the confines of the court, is as valid as 46,450
though executed by an adult. A consent given as above before an 46,451
employee of a children services agency that is licensed as 46,452
provided by law, is equally effective, if the consent also is 46,453
accompanied by an affidavit executed by the witnessing employee 46,454
or employees to the effect that the legal rights of the parents 46,455
have been fully explained to the parents, prior to the execution 46,456
of any consent, and that the action was done after the birth of 46,457
the child. 46,458
If the court approves a placement, the prospective adoptive 46,460
parent with whom the child is placed has care, custody, and 46,461
control of the child pending further order of the court. 46,462
1032
(E) This section does not apply to an adoption by a 46,464
stepparent, a grandparent, or a guardian. 46,465
Sec. 5103.17. Subject to section 5103.16 of the Revised 46,474
Code, no person or government entity, other than a private child 46,475
placing agency or private noncustodial agency certified by the 46,477
department of human JOB AND FAMILY services under section 5103.03 46,479
of the Revised Code or a public children services agency, shall 46,480
advertise that the person or government entity will adopt
children or place them in foster homes, hold out inducements to 46,481
parents to part with their offspring, or in any manner knowingly 46,482
become a party to the separation of a child from the child's 46,483
parents or guardians, except through a juvenile court or probate 46,484
court commitment.
If the department of human JOB AND FAMILY services has 46,486
reasonable cause to believe a violation of this section has been 46,487
committed, the department shall notify the attorney general or 46,488
the county prosecutor, city attorney, village solicitor, or other 46,489
chief legal officer of the political subdivision in which the 46,490
violation has allegedly occurred. On receipt of the 46,491
notification, the attorney general, county prosecutor, city 46,492
attorney, village solicitor, or other chief legal officer shall 46,493
take action to enforce this section through injunctive relief or 46,494
criminal charge.
Sec. 5103.22. The "appropriate public authorities" as used 46,503
in Article III of the interstate compact on the placement of 46,504
department of human JOB AND FAMILY services and that department 46,505
shall receive and act with reference to notices required by said 46,506
Article III.
Sec. 5103.23. As used in paragraph (A) of Article V of the 46,515
interstate compact on the placement of children, the phrase 46,516
"appropriate authority in the receiving state" with reference to 46,517
this state shall mean the department of human JOB AND FAMILY
services.
Sec. 5104.01. As used in this chapter: 46,526
1033
(A) "Administrator" means the person responsible for the 46,528
daily operation of a center or type A home. The administrator 46,529
and the owner may be the same person. 46,530
(B) "Approved child day camp" means a child day camp 46,532
approved pursuant to section 5104.22 of the Revised Code. 46,533
(C) "Authorized provider" means a person authorized by a 46,535
county director of human JOB AND FAMILY services to operate a 46,536
certified type B family day-care home. 46,537
(D) "Border state child day-care provider" means a child 46,539
day-care provider that is located in a state bordering Ohio and 46,541
that is licensed, certified, or otherwise approved by that state 46,543
to provide child day-care.
(E) "Caretaker parent" means the father or mother of a 46,545
child whose presence in the home is needed as the caretaker of 46,546
the child, a person who has legal custody of a child and whose 46,547
presence in the home is needed as the caretaker of the child, a 46,548
guardian of a child whose presence in the home is needed as the 46,549
caretaker of the child, and any other person who stands in loco 46,550
parentis with respect to the child and whose presence in the home 46,551
is needed as the caretaker of the child. 46,552
(F) "Certified type B family day-care home" and "certified 46,555
type B home" mean a type B family day-care home that is certified 46,556
by the director of the county department of human JOB AND FAMILY 46,557
services pursuant to section 5104.11 of the Revised Code to 46,558
receive public funds for providing child day-care pursuant to
this chapter and any rules adopted under it. 46,560
(G) "Chartered nonpublic school" means a school that meets 46,563
standards for nonpublic schools prescribed by the state board of 46,564
education for nonpublic schools pursuant to section 3301.07 of 46,565
the Revised Code.
(H) "Child" includes an infant, toddler, preschool child, 46,567
or school child. 46,568
(I) "Child care block grant act" means the "Child Care and 46,571
Development Block Grant Act of 1990," established in section 5082 46,572
1034
of the "Omnibus Budget Reconciliation Act of 1990," 104 Stat. 46,574
1388-236 (1990), 42 U.S.C. 9858, as amended. 46,576
(J) "Child day camp" means a program in which only school 46,578
children attend or participate, that operates for no more than 46,579
seven hours per day, that operates only during one or more public 46,580
school district's regular vacation periods or for no more than 46,581
fifteen weeks during the summer, and that operates outdoor 46,582
activities for each child who attends or participates in the 46,583
program for a minimum of fifty per cent of each day that children 46,584
attend or participate in the program, except for any day when 46,585
hazardous weather conditions prevent the program from operating 46,586
outdoor activities for a minimum of fifty per cent of that day. 46,587
For purposes of this division, the maximum seven hours of 46,588
operation time does not include transportation time from a 46,589
child's home to a child day camp and from a child day camp to a 46,590
child's home. 46,591
(K) "Child day-care" means administering to the needs of 46,593
infants, toddlers, preschool children, and school children 46,595
outside of school hours by persons other than their parents or
guardians, custodians, or relatives by blood, marriage, or 46,596
adoption for any part of the twenty-four-hour day in a place or 46,597
residence other than a child's own home. 46,598
(L) "Child day-care center" and "center" mean any place in 46,601
which child day-care or publicly funded child day-care is
provided for thirteen or more children at one time or any place 46,602
that is not the permanent residence of the licensee or 46,603
administrator in which child day-care or publicly funded child 46,604
day-care is provided for seven to twelve children at one time. 46,605
In counting children for the purposes of this division, any 46,606
children under six years of age who are related to a licensee, 46,607
administrator, or employee and who are on the premises of the 46,608
center shall be counted. "Child day-care center" and "center" do 46,609
not include any of the following: 46,610
(1) A place located in and operated by a hospital, as 46,612
1035
defined in section 3727.01 of the Revised Code, in which the 46,613
needs of children are administered to, if all the children whose 46,614
needs are being administered to are monitored under the on-site 46,615
supervision of a physician licensed under Chapter 4731. of the 46,617
Revised Code or a registered nurse licensed under Chapter 4723. 46,618
of the Revised Code, and the services are provided only for 46,619
children who, in the opinion of the child's parent, guardian, or 46,620
custodian, are exhibiting symptoms of a communicable disease or 46,621
other illness or are injured; 46,622
(2) A child day camp; 46,624
(3) A place that provides child day-care, but not publicly 46,627
funded child day-care, if all of the following apply: 46,628
(a) An organized religious body provides the child 46,631
day-care;
(b) A parent, custodian, or guardian of at least one child 46,634
receiving child day-care is on the premises and readily 46,635
accessible at all times;
(c) The child day-care is not provided for more than 46,637
thirty days a year; 46,638
(d) The child day-care is provided only for preschool and 46,640
school children. 46,641
(M) "Child day-care resource and referral service 46,643
organization" means a community-based nonprofit organization that 46,645
provides child day-care resource and referral services but not 46,646
child day-care.
(N) "Child day-care resource and referral services" means 46,648
all of the following services: 46,649
(1) Maintenance of a uniform data base of all child 46,651
day-care providers in the community that are in compliance with 46,652
this chapter, including current occupancy and vacancy data; 46,653
(2) Provision of individualized consumer education to 46,655
families seeking child day-care; 46,656
(3) Provision of timely referrals of available child 46,658
day-care providers to families seeking child day-care; 46,659
1036
(4) Recruitment of child day-care providers; 46,661
(5) Assistance in the development, conduct, and 46,663
dissemination of training for child day-care providers and 46,665
provision of technical assistance to current and potential child 46,666
day-care providers, employers, and the community;
(6) Collection and analysis of data on the supply of and 46,668
demand for child day-care in the community; 46,669
(7) Technical assistance concerning locally, state, and 46,671
federally funded child day-care and early childhood education 46,672
programs;
(8) Stimulation of employer involvement in making child 46,674
day-care more affordable, more available, safer, and of higher 46,675
quality for their employees and for the community; 46,676
(9) Provision of written educational materials to 46,678
caretaker parents and informational resources to child day-care 46,679
providers; 46,680
(10) Coordination of services among child day-care 46,682
resource and referral service organizations to assist in 46,683
developing and maintaining a statewide system of child day-care 46,684
resource and referral services if required by the department of 46,685
human JOB AND FAMILY services;
(11) Cooperation with the county department of human JOB 46,687
AND FAMILY services in encouraging the establishment of parent 46,688
cooperative child day-care centers and parent cooperative type A 46,690
family day-care homes.
(O) "Child-care staff member" means an employee of a child 46,693
day-care center or type A family day-care home who is primarily 46,694
responsible for the care and supervision of children. The 46,695
administrator may be a part-time child-care staff member when not 46,696
involved in other duties.
(P) "Drop-in child day-care center," "drop-in center," 46,698
"drop-in type A family day-care home," and "drop-in type A home" 46,700
mean a center or type A home that provides child day-care or
publicly funded child day-care for children on a temporary, 46,701
1037
irregular basis. 46,702
(Q) "Employee" means a person who either: 46,704
(1) Receives compensation for duties performed in a child 46,706
day-care center or type A family day-care home; 46,707
(2) Is assigned specific working hours or duties in a 46,709
child day-care center or type A family day-care home. 46,710
(R) "Employer" means a person, firm, institution, 46,712
organization, or agency that operates a child day-care center or 46,713
type A family day-care home subject to licensure under this 46,714
chapter.
(S) "Federal poverty line" means the official poverty 46,716
guideline as revised annually in accordance with section 673(2) 46,717
of the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 46,719
42 U.S.C. 9902, as amended, for a family size equal to the size 46,722
of the family of the person whose income is being determined. 46,723
(T) "Head start program" means a comprehensive child 46,725
development program that receives funds distributed under the 46,726
"Head Start Act," 95 Stat. 499 (1981), 42 U.S.C.A. 9831, as 46,729
amended, or under section 3301.31 of the Revised Code. 46,730
(U) "Income" means gross income, as defined in section 46,732
5107.10 of the Revised Code, less any amounts required by federal 46,734
statutes or regulations to be disregarded. 46,736
(V) "Indicator checklist" means an inspection tool, used 46,738
in conjunction with an instrument-based program monitoring 46,740
information system, that contains selected licensing requirements 46,741
that are statistically reliable indicators or predictors of a 46,742
child day-care center or type A family day-care home's compliance 46,743
with licensing requirements.
(W) "Infant" means a child who is less than eighteen 46,746
months of age.
(X) "In-home aide" means a person certified by a county 46,748
director of human JOB AND FAMILY services pursuant to section 46,749
5104.12 of the Revised Code to provide publicly funded child 46,751
day-care to a child in a child's own home pursuant to this 46,752
1038
chapter and any rules adopted under it. 46,753
(Y) "Instrument-based program monitoring information 46,755
system" means a method to assess compliance with licensing 46,757
requirements for child day-care centers and type A family 46,758
day-care homes in which each licensing requirement is assigned a 46,759
weight indicative of the relative importance of the requirement 46,760
to the health, growth, and safety of the children that is used to 46,761
develop an indicator checklist.
(Z) "License capacity" means the maximum number in each 46,763
age category of children who may be cared for in a child day-care 46,764
center or type A family day-care home at one time as determined 46,765
by the director of human JOB AND FAMILY services considering 46,766
building occupancy limits established by the department of 46,768
commerce, number of available child-care staff members, amount of 46,769
available indoor floor space and outdoor play space, and amount 46,770
of available play equipment, materials, and supplies.
(AA) "Licensed preschool program" or "licensed school 46,772
child program" means a preschool program or school child program, 46,773
as defined in section 3301.52 of the Revised Code, that is 46,774
licensed by the department of education pursuant to sections 46,775
3301.52 to 3301.59 of the Revised Code. 46,776
(BB) "Licensee" means the owner of a child day-care center 46,779
or type A family day-care home that is licensed pursuant to this 46,780
chapter and who is responsible for ensuring its compliance with 46,781
this chapter and rules adopted pursuant to this chapter. 46,782
(CC) "Operate a child day camp" means to operate, 46,784
establish, manage, conduct, or maintain a child day camp. 46,785
(DD) "Owner" includes a person, as defined in section 1.59 46,788
of the Revised Code, or government entity.
(EE) "Parent cooperative child day-care center," "parent 46,790
cooperative center," "parent cooperative type A family day-care 46,791
home," and "parent cooperative type A home" mean a corporation or 46,792
association organized for providing educational services to the 46,793
children of members of the corporation or association, without 46,794
1039
gain to the corporation or association as an entity, in which the 46,795
services of the corporation or association are provided only to 46,796
children of the members of the corporation or association, 46,797
ownership and control of the corporation or association rests 46,798
solely with the members of the corporation or association, and at 46,799
least one parent-member of the corporation or association is on 46,800
the premises of the center or type A home during its hours of 46,801
operation. 46,802
(FF) "Part-time child day-care center," "part-time 46,804
center," "part-time type A family day-care home," and "part-time 46,806
type A home" mean a center or type A home that provides child 46,807
day-care or publicly funded child day-care for no more than four 46,808
hours a day for any child. 46,809
(GG) "Place of worship" means a building where activities 46,812
of an organized religious group are conducted and includes the 46,813
grounds and any other buildings on the grounds used for such 46,814
activities. 46,815
(HH) "Preschool child" means a child who is three years 46,817
old or older but is not a school child. 46,819
(II) "Protective day-care" means publicly funded child 46,821
day-care for the direct care and protection of a child to whom 46,822
either of the following applies: 46,823
(1) A case plan prepared and maintained for the child 46,825
pursuant to section 2151.412 of the Revised Code indicates a need 46,826
for protective day-care and the child resides with a parent, 46,827
stepparent, guardian, or another person who stands in loco 46,828
parentis as defined in rules adopted under section 5104.38 of the 46,829
Revised Code;
(2) The child and the child's caretaker either temporarily 46,831
reside in a facility providing emergency shelter for homeless 46,833
families or are determined by the county department of human JOB 46,834
AND FAMILY services to be homeless, and are otherwise ineligible 46,835
for publicly funded child day-care. 46,837
(JJ) "Publicly funded child day-care" means administering 46,840
1040
to the needs of infants, toddlers, preschool children, and school 46,842
children under age thirteen during any part of the 46,843
twenty-four-hour day by persons other than their caretaker 46,845
parents for remuneration wholly or in part with federal or state 46,846
funds, including child care block grant act funds, distributed by 46,847
the department of human JOB AND FAMILY services. 46,848
(KK) "Religious activities" means any of the following: 46,850
worship or other religious services; religious instruction; 46,851
Sunday school classes or other religious classes conducted during 46,852
or prior to worship or other religious services; youth or adult 46,854
fellowship activities; choir or other musical group practices or 46,855
programs; meals; festivals; or meetings conducted by an organized 46,856
religious group. 46,857
(LL) "School child" means a child who is enrolled in or is 46,860
eligible to be enrolled in a grade of kindergarten or above but 46,861
is less than fifteen years old. 46,862
(MM) "School child day-care center," "school child 46,864
center," "school child type A family day-care home," and "school 46,866
child type A family home" mean a center or type A home that 46,867
provides child day-care for school children only and that does 46,869
either or both of the following: 46,870
(1) Operates only during that part of the day that 46,872
immediately precedes or follows the public school day of the 46,873
school district in which the center or type A home is located; 46,874
(2) Operates only when the public schools in the school 46,876
district in which the center or type A home is located are not 46,877
open for instruction with pupils in attendance. 46,878
(NN) "Special needs day-care" means publicly funded child 46,881
day-care that is provided for a child who is physically or 46,882
developmentally handicapped, mentally retarded, or mentally ill. 46,883
(OO) "State median income" means the state median income 46,885
calculated by the department of development pursuant to division 46,886
(A)(1)(g) of section 5709.61 of the Revised Code. 46,887
(PP) "Toddler" means a child who is at least eighteen 46,889
1041
months of age but less than three years of age. 46,890
(QQ) "Type A family day-care home" and "type A home" mean 46,893
a permanent residence of the administrator in which child 46,894
day-care or publicly funded child day-care is provided for seven 46,895
to twelve children at one time or a permanent residence of the 46,896
administrator in which child day-care is provided for four to 46,897
twelve children at one time if four or more children at one time 46,898
are under two years of age. In counting children for the 46,899
purposes of this division, any children under six years of age 46,900
who are related to a licensee, administrator, or employee and who 46,901
are on the premises of the type A home shall be counted. "Type A 46,902
family day-care home" does not include a residence in which the 46,903
needs of children are administered to, if all of the children 46,904
whose needs are being administered to are siblings of the same 46,905
immediate family and the residence is the home of the siblings. 46,906
"Type A family day-care home" and "type A home" do not include 46,907
any child day camp. 46,908
(RR) "Type B family day-care home" and "type B home" mean 46,910
a permanent residence of the provider in which child day-care is 46,911
provided for one to six children at one time and in which no more 46,912
than three children are under two years of age at one time. In 46,913
counting children for the purposes of this division, any children 46,914
under six years of age who are related to the provider and who 46,915
are on the premises of the type B home shall be counted. "Type B 46,916
family day-care home" does not include a residence in which the 46,917
needs of children are administered to, if all of the children 46,918
whose needs are being administered to are siblings of the same 46,919
immediate family and the residence is the home of the siblings. 46,920
"Type B family day-care home" and "type B home" do not include 46,921
any child day camp. 46,922
Sec. 5104.011. (A) The director of human JOB AND FAMILY 46,931
services shall adopt rules pursuant to Chapter 119. of the 46,932
Revised Code governing the operation of child day-care centers, 46,934
including, but not limited to, parent cooperative centers, 46,935
1042
part-time centers, drop-in centers, and school child centers, 46,936
which rules shall reflect the various forms of child day-care and 46,937
the needs of children receiving child day-care or publicly funded 46,938
child day-care and, no later than January 1, 1992, shall include 46,939
specific rules for school child day-care centers that are 46,940
developed in consultation with the department of education. The 46,941
rules shall not require an existing school facility that is in 46,942
compliance with applicable building codes to undergo an 46,943
additional building code inspection or to have structural 46,944
modifications. The rules shall include the following: 46,945
(1) Submission of a site plan and descriptive plan of 46,947
operation to demonstrate how the center proposes to meet the 46,948
requirements of this chapter and rules adopted pursuant to this 46,951
chapter for the initial license application;
(2) Standards for ensuring that the physical surroundings 46,953
of the center are safe and sanitary including, but not limited 46,954
to, the physical environment, the physical plant, and the 46,955
equipment of the center; 46,956
(3) Standards for the supervision, care, and discipline of 46,958
children receiving child day-care or publicly funded child 46,959
day-care in the center; 46,960
(4) Standards for a program of activities, and for play 46,962
equipment, materials, and supplies, to enhance the development of 46,963
each child; however, any educational curricula, philosophies, and 46,964
methodologies that are developmentally appropriate and that 46,965
enhance the social, emotional, intellectual, and physical 46,966
development of each child shall be permissible. As used in this 46,967
division, "program" does not include instruction in religious or 46,968
moral doctrines, beliefs, or values that is conducted at child 46,969
day-care centers owned and operated by churches and does include 46,970
methods of disciplining children at child day-care centers. 46,971
(5) Admissions policies and procedures, health care 46,973
policies and procedures, including, but not limited to, 46,974
procedures for the isolation of children with communicable 46,975
1043
diseases, first aid and emergency procedures, procedures for 46,976
discipline and supervision of children, standards for the 46,977
provision of nutritious meals and snacks, and procedures for 46,978
screening children and employees, including, but not limited to, 46,979
any necessary physical examinations and immunizations; 46,980
(6) Methods for encouraging parental participation in the 46,982
center and methods for ensuring that the rights of children, 46,983
parents, and employees are protected and that responsibilities of 46,984
parents and employees are met; 46,985
(7) Procedures for ensuring the safety and adequate 46,987
supervision of children traveling off the premises of the center 46,988
while under the care of a center employee; 46,989
(8) Procedures for record keeping, organization, and 46,991
administration; 46,992
(9) Procedures for issuing, renewing, denying, and 46,994
revoking a license that are not otherwise provided for in Chapter 46,995
119. of the Revised Code; 46,996
(10) Inspection procedures; 46,998
(11) Procedures and standards for setting initial and 47,000
renewal license application fees; 47,001
(12) Procedures for receiving, recording, and responding 47,003
to complaints about centers; 47,004
(13) Procedures for enforcing section 5104.04 of the 47,006
Revised Code; 47,007
(14) A standard requiring the inclusion, on and after July 47,009
1, 1987, of a current department of human JOB AND FAMILY services 47,010
toll-free telephone number on each center provisional license or 47,011
license which any person may use to report a suspected violation 47,012
by the center of this chapter or rules adopted pursuant to this 47,014
chapter; 47,015
(15) Requirements for the training of administrators and 47,017
child-care staff members in first aid, in prevention, 47,018
recognition, and management of communicable diseases, and in 47,019
child abuse recognition and prevention. Training requirements 47,020
1044
for child day-care centers adopted under this division shall be 47,021
consistent with divisions (B)(6) and (C)(1) of this section. 47,022
(16) Procedures to be used by licensees for checking the 47,024
references of potential employees of centers and procedures to be 47,025
used by the director for checking the references of applicants 47,026
for licenses to operate centers; 47,027
(17) Standards providing for the special needs of children 47,029
who are handicapped or who require treatment for health 47,030
conditions while the child is receiving child day-care or 47,031
publicly funded child day-care in the center; 47,032
(18) Any other procedures and standards necessary to carry 47,034
out this chapter. 47,035
(B)(1) The child day-care center shall have, for each 47,037
child for whom the center is licensed, at least thirty-five 47,038
square feet of usable indoor floor space wall-to-wall regularly 47,039
available for the child day-care operation exclusive of any parts 47,040
of the structure in which the care of children is prohibited by 47,041
law or by rules adopted by the board of building standards. The 47,042
minimum of thirty-five square feet of usable indoor floor space 47,043
shall not include hallways, kitchens, storage areas, or any other 47,044
areas that are not available for the care of children, as 47,045
determined by the director, in meeting the space requirement of 47,046
this division, and bathrooms shall be counted in determining 47,047
square footage only if they are used exclusively by children 47,048
enrolled in the center, except that the exclusion of hallways, 47,049
kitchens, storage areas, bathrooms not used exclusively by 47,050
children enrolled in the center, and any other areas not 47,051
available for the care of children from the minimum of 47,052
thirty-five square feet of usable indoor floor space shall not 47,053
apply to: 47,054
(a) Centers licensed prior to or on September 1, 1986, 47,056
that continue under licensure after that date; 47,057
(b) Centers licensed prior to or on September 1, 1986, 47,059
that are issued a new license after that date solely due to a 47,060
1045
change of ownership of the center. 47,061
(2) The child day-care center shall have on the site a 47,063
safe outdoor play space which is enclosed by a fence or otherwise 47,064
protected from traffic or other hazards. The play space shall 47,065
contain not less than sixty square feet per child using such 47,066
space at any one time, and shall provide an opportunity for 47,067
supervised outdoor play each day in suitable weather. The 47,068
director may exempt a center from the requirement of this 47,069
division, if an outdoor play space is not available and if all of 47,070
the following are met: 47,071
(a) The center provides an indoor recreation area that has 47,073
not less than sixty square feet per child using the space at any 47,074
one time, that has a minimum of one thousand four hundred forty 47,075
square feet of space, and that is separate from the indoor space 47,076
required under division (B)(1) of this section. 47,077
(b) The director has determined that there is regularly 47,079
available and scheduled for use a conveniently accessible and 47,080
safe park, playground, or similar outdoor play area for play or 47,081
recreation. 47,082
(c) The children are closely supervised during play and 47,084
while traveling to and from the area. 47,085
The director also shall exempt from the requirement of this 47,087
division a child day-care center that was licensed prior to 47,088
September 1, 1986, if the center received approval from the 47,089
director prior to September 1, 1986, to use a park, playground, 47,090
or similar area, not connected with the center, for play or 47,091
recreation in lieu of the outdoor space requirements of this 47,092
section and if the children are closely supervised both during 47,093
play and while traveling to and from the area and except if the 47,094
director determines upon investigation and inspection pursuant to 47,095
section 5104.04 of the Revised Code and rules adopted pursuant to 47,098
that section that the park, playground, or similar area, as well 47,099
as access to and from the area, is unsafe for the children. 47,100
(3) The child day-care center shall have at least two 47,102
1046
responsible adults available on the premises at all times when 47,103
seven or more children are in the center. The center shall 47,104
organize the children in the center in small groups, shall 47,105
provide child-care staff to give continuity of care and 47,106
supervision to the children on a day-by-day basis, and shall 47,107
ensure that no child is left alone or unsupervised. Except as 47,108
otherwise provided in division (E) of this section, the maximum 47,109
number of children per child-care staff member and maximum group 47,110
size, by age category of children, are as follows: 47,111
Maximum Number of 47,113
Children Per Maximum 47,114
Age Category Child-Care Group 47,115
of Children Staff Member Size 47,116
(a) Infants: 47,117
(i) Less than twelve 47,118
months old 5:1, or 47,119
12:2 if two 47,120
child-care 47,121
staff members 47,122
are in the room 12 47,123
(ii) At least twelve 47,124
months old, but 47,125
less than eighteen 47,126
months old 6:1 12 47,127
(b) Toddlers: 47,128
(i) At least eighteen 47,129
months old, but 47,130
less than thirty 47,131
months old 7:1 14 47,132
(ii) At least thirty months 47,133
old, but less than 47,134
three years old 8:1 16 47,135
(c) Preschool 47,136
children: 47,137
1047
(i) Three years old 12:1 24 47,138
(ii) Four years old and 47,139
five years old who 47,140
are not school 47,141
children 14:1 28 47,142
(d) School children: 47,143
(i) A child who is 47,144
enrolled in or is 47,145
eligible to be 47,146
enrolled in a grade 47,147
of kindergarten 47,148
or above, but 47,149
is less than 47,150
eleven years old 18:1 36 47,152
(ii) Eleven through fourteen 47,153
years old 20:1 40 47,154
Except as otherwise provided in division (E) of this 47,157
section, the maximum number of children per child-care staff 47,158
member and maximum group size requirements of the younger age 47,159
group shall apply when age groups are combined. 47,160
(4)(a) The child day-care center administrator shall show 47,162
the director both of the following: 47,163
(i) Evidence of at least high school graduation or 47,165
certification of high school equivalency by the state board of 47,166
education or the appropriate agency of another state; 47,167
(ii) Evidence of having completed at least two years of 47,169
training in an accredited college, university, or technical 47,170
college, including courses in child development or early 47,171
childhood education, or at least two years of experience in 47,172
supervising and giving daily care to children attending an 47,173
organized group program. 47,174
(b) In addition to the requirements of division (B)(4)(a) 47,176
of this section, any administrator employed or designated on or 47,177
after September 1, 1986, shall show evidence of, and any 47,178
1048
administrator employed or designated prior to September 1, 1986, 47,179
shall show evidence within six years after such date of, at least 47,180
one of the following: 47,181
(i) Two years of experience working as a child-care staff 47,183
member in a center and at least four courses in child development 47,184
or early childhood education from an accredited college, 47,185
university, or technical college, except that a person who has 47,186
two years of experience working as a child-care staff member in a 47,187
particular center and who has been promoted to or designated as 47,188
administrator of that center shall have one year from the time 47,189
the person was promoted to or designated as administrator to 47,190
complete the required four courses; 47,191
(ii) Two years of training, including at least four 47,193
courses in child development or early childhood education from an 47,194
accredited college, university, or technical college; 47,195
(iii) A child development associate credential issued by 47,197
the national child development associate credentialing 47,198
commission; 47,199
(iv) An associate or higher degree in child development or 47,201
early childhood education from an accredited college, technical 47,202
college, or university, or a license designated for teaching in 47,203
an associate teaching position in a preschool setting issued by 47,204
the state board of education. 47,205
(5) All child-care staff members of a child day-care 47,207
center shall be at least eighteen years of age, and shall furnish 47,208
the director evidence of at least high school graduation or 47,209
certification of high school equivalency by the state board of 47,210
education or the appropriate agency of another state or evidence 47,211
of completion of a training program approved by the department of 47,212
human JOB AND FAMILY services or state board of education, except
as follows:
(a) A child-care staff member may be less than eighteen 47,214
years of age if the staff member is either of the following: 47,215
(i) A graduate of a two-year vocational child-care 47,217
1049
training program approved by the state board of education; 47,218
(ii) A student enrolled in the second year of a vocational 47,220
child-care training program approved by the state board of 47,221
education which leads to high school graduation, provided that 47,222
the student performs the student's duties in the child day-care 47,224
center under the continuous supervision of an experienced
child-care staff member, receives periodic supervision from the 47,225
vocational child-care training program teacher-coordinator in the 47,226
student's high school, and meets all other requirements of this 47,227
chapter and rules adopted pursuant to this chapter. 47,228
(b) A child-care staff member shall be exempt from the 47,230
educational requirements of this division if the staff member: 47,232
(i) Prior to January 1, 1972, was employed or designated 47,234
by a child day-care center and has been continuously employed 47,235
since either by the same child day-care center employer or at the 47,236
same child day-care center; or 47,237
(ii) Is a student enrolled in the second year of a 47,239
vocational child-care training program approved by the state 47,240
board of education which leads to high school graduation, 47,241
provided that the student performs the student's duties in the 47,243
child day-care center under the continuous supervision of an
experienced child-care staff member, receives periodic 47,244
supervision from the vocational child-care training program 47,245
teacher-coordinator in the student's high school, and meets all 47,247
other requirements of this chapter and rules adopted pursuant to 47,248
this chapter. 47,249
(6) Every child day-care staff member of a child day-care 47,251
center annually shall complete fifteen hours of inservice 47,252
training in child development or early childhood education, child 47,253
abuse recognition and prevention, first aid, and in prevention, 47,254
recognition, and management of communicable diseases, until a 47,255
total of forty-five hours of training has been completed, unless 47,256
the staff member furnishes one of the following to the director: 47,258
(a) Evidence of an associate or higher degree in child 47,260
1050
development or early childhood education from an accredited 47,261
college, university, or technical college; 47,262
(b) A license designated for teaching in an associate 47,264
teaching position in a preschool setting issued by the state 47,265
board of education;
(c) Evidence of a child development associate credential; 47,267
(d) Evidence of a preprimary credential from the American 47,269
Montessori society or the association Montessori international. 47,270
For the purposes of division (B)(6) of this section, "hour" means 47,271
sixty minutes. 47,272
(7) The administrator of each child day-care center shall 47,274
prepare at least once annually and for each group of children at 47,275
the center a roster of names and telephone numbers of parents, 47,276
custodians, or guardians of each group of children attending the 47,277
center and upon request shall furnish the roster for each group 47,278
to the parents, custodians, or guardians of the children in that 47,279
group. The administrator may prepare a roster of names and 47,280
telephone numbers of all parents, custodians, or guardians of 47,281
children attending the center and upon request shall furnish the 47,282
roster to the parents, custodians, or guardians of the children 47,283
who attend the center. The administrator shall not include in 47,284
any roster the name or telephone number of any parent, custodian, 47,285
or guardian who requests the administrator not to include the 47,286
parent's, custodian's, or guardian's name or number and shall not 47,287
furnish any roster to any person other than a parent, custodian, 47,288
or guardian of a child who attends the center. 47,289
(C)(1) Each child day-care center shall have on the center 47,291
premises and readily available at all times at least one 47,292
child-care staff member who has completed a course in first aid 47,293
and in prevention, recognition, and management of communicable 47,294
diseases which is approved by the state department of health and 47,295
a staff member who has completed a course in child abuse 47,296
recognition and prevention training which is approved by the 47,297
department of human JOB AND FAMILY services. 47,298
1051
(2) The administrator of each child day-care center shall 47,300
maintain enrollment, health, and attendance records for all 47,301
children attending the center and health and employment records 47,302
for all center employees. The records shall be confidential, 47,303
except as otherwise provided in division (B)(7) of this section 47,304
and except that they shall be disclosed by the administrator to 47,305
the director upon request for the purpose of administering and 47,306
enforcing this chapter and rules adopted pursuant to this 47,307
chapter. Neither the center nor the licensee, administrator, or 47,308
employees of the center shall be civilly or criminally liable in 47,309
damages or otherwise for records disclosed to the director by the 47,310
administrator pursuant to this division. It shall be a defense 47,311
to any civil or criminal charge based upon records disclosed by 47,312
the administrator to the director that the records were disclosed 47,313
pursuant to this division. 47,314
(3)(a) Any parent who is the residential parent and legal 47,316
custodian of a child enrolled in a child day-care center and any 47,317
custodian or guardian of such a child shall be permitted 47,318
unlimited access to the center during its hours of operation for 47,319
the purposes of contacting their children, evaluating the care 47,320
provided by the center, evaluating the premises of the center, or 47,321
for other purposes approved by the director. A parent of a child 47,322
enrolled in a child day-care center who is not the child's 47,323
residential parent shall be permitted unlimited access to the 47,324
center during its hours of operation for those purposes under the 47,325
same terms and conditions under which the residential parent of 47,326
that child is permitted access to the center for those purposes. 47,327
However, the access of the parent who is not the residential 47,328
parent is subject to any agreement between the parents and, to 47,329
the extent described in division (C)(3)(b) of this section, is 47,330
subject to any terms and conditions limiting the right of access 47,331
of the parent who is not the residential parent, as described in 47,332
division (I) of section 3109.051 of the Revised Code, that are 47,333
contained in a visitation order or decree issued under that 47,334
1052
section, section 3109.11 or 3109.12 of the Revised Code, or any 47,335
other provision of the Revised Code. 47,336
(b) If a parent who is the residential parent of a child 47,338
has presented the administrator or the administrator's designee 47,340
with a copy of a visitation order that limits the terms and 47,341
conditions under which the parent who is not the residential 47,342
parent is to have access to the center, as described in division 47,343
(I) of section 3109.051 of the Revised Code, the parent who is 47,344
not the residential parent shall be provided access to the center 47,345
only to the extent authorized in the order. If the residential 47,346
parent has presented such an order, the parent who is not the 47,347
residential parent shall be permitted access to the center only 47,348
in accordance with the most recent order that has been presented 47,349
to the administrator or the administrator's designee by the 47,350
residential parent or the parent who is not the residential 47,351
parent.
(c) Upon entering the premises pursuant to division 47,353
(C)(3)(a) or (b) of this section, the parent who is the 47,354
residential parent and legal custodian, the parent who is not the 47,355
residential parent, or the custodian or guardian shall notify the 47,356
administrator or the administrator's designee of the parent's, 47,358
custodian's, or guardian's presence.
(D) The director of human JOB AND FAMILY services, in 47,360
addition to the rules adopted under division (A) of this section, 47,361
shall adopt rules establishing minimum requirements for child 47,362
day-care centers. The rules shall include, but not be limited 47,363
to, the requirements set forth in divisions (B) and (C) of this 47,364
section. Except as provided in section 5104.07 of the Revised 47,365
Code, the rules shall not change the square footage requirements 47,366
of division (B)(1) or (2) of this section; the maximum number of 47,367
children per child-care staff member and maximum group size 47,368
requirements of division (B)(3) of this section; the educational 47,369
and experience requirements of division (B)(4) of this section; 47,370
the age, educational, and experience requirements of division 47,371
1053
(B)(5) of this section; the number of inservice training hours 47,372
required under division (B)(6) of this section; or the 47,373
requirement for at least annual preparation of a roster for each 47,374
group of children of names and telephone numbers of parents, 47,375
custodians, or guardians of each group of children attending the 47,376
center that must be furnished upon request to any parent, 47,377
custodian, or guardian of any child in that group required under 47,378
division (B)(7) of this section; however, the rules shall provide 47,379
procedures for determining compliance with those requirements. 47,380
(E)(1) When age groups are combined, the maximum number of 47,382
children per child-care staff member shall be determined by the 47,383
age of the youngest child in the group, except that when no more 47,384
than one child thirty months of age or older receives services in 47,385
a group in which all the other children are in the next older age 47,386
group, the maximum number of children per child-care staff member 47,387
and maximum group size requirements of the older age group 47,388
established under division (B)(3) of this section shall apply. 47,389
(2) The maximum number of toddlers or preschool children 47,392
per child-care staff member in a room where children are napping
shall be twice the maximum number of children per child-care 47,393
staff member established under division (B)(3) of this section if 47,394
all the following criteria are met: 47,395
(a) At least one child-care staff member is present in the 47,397
room. 47,398
(b) Sufficient child-care staff members are on the child 47,400
day-care center premises to meet the maximum number of children 47,401
per child-care staff member requirements established under 47,402
division (B)(3) of this section. 47,403
(c) Naptime preparations are complete and all napping 47,405
children are resting or sleeping on cots. 47,406
(d) The maximum number established under division (E)(2) 47,408
of this section is in effect for no more than one and one-half 47,409
hours during a twenty-four-hour day. 47,410
(F) The director of human JOB AND FAMILY services shall 47,412
1054
adopt rules pursuant to Chapter 119. of the Revised Code 47,413
governing the operation of type A family day-care homes, 47,414
including, but not limited to, parent cooperative type A homes, 47,415
part-time type A homes, drop-in type A homes, and school child 47,416
type A homes, which shall reflect the various forms of child 47,417
day-care and the needs of children receiving child day-care. The 47,418
rules shall include the following: 47,419
(1) Submission of a site plan and descriptive plan of 47,421
operation to demonstrate how the type A home proposes to meet the 47,422
requirements of this chapter and rules adopted pursuant to this 47,425
chapter for the initial license application;
(2) Standards for ensuring that the physical surroundings 47,427
of the type A home are safe and sanitary, including, but not 47,428
limited to, the physical environment, the physical plant, and the 47,429
equipment of the type A home; 47,430
(3) Standards for the supervision, care, and discipline of 47,432
children receiving child day-care or publicly funded child 47,433
day-care in the type A home; 47,434
(4) Standards for a program of activities, and for play 47,436
equipment, materials, and supplies, to enhance the development of 47,437
each child; however, any educational curricula, philosophies, and 47,438
methodologies that are developmentally appropriate and that 47,439
enhance the social, emotional, intellectual, and physical 47,440
development of each child shall be permissible; 47,441
(5) Admissions policies and procedures, health care 47,443
policies and procedures, including, but not limited to, 47,444
procedures for the isolation of children with communicable 47,445
diseases, first aid and emergency procedures, procedures for 47,446
discipline and supervision of children, standards for the 47,447
provision of nutritious meals and snacks, and procedures for 47,448
screening children and employees, including, but not limited to, 47,449
any necessary physical examinations and immunizations; 47,450
(6) Methods for encouraging parental participation in the 47,452
type A home and methods for ensuring that the rights of children, 47,453
1055
parents, and employees are protected and that the 47,454
responsibilities of parents and employees are met; 47,455
(7) Procedures for ensuring the safety and adequate 47,457
supervision of children traveling off the premises of the type A 47,458
home while under the care of a type A home employee; 47,459
(8) Procedures for record keeping, organization, and 47,461
administration; 47,462
(9) Procedures for issuing, renewing, denying, and 47,464
revoking a license that are not otherwise provided for in Chapter 47,465
119. of the Revised Code; 47,466
(10) Inspection procedures; 47,468
(11) Procedures and standards for setting initial and 47,470
renewal license application fees; 47,471
(12) Procedures for receiving, recording, and responding 47,473
to complaints about type A homes; 47,474
(13) Procedures for enforcing section 5104.04 of the 47,476
Revised Code; 47,477
(14) A standard requiring the inclusion, on or after July 47,479
1, 1987, of a current department of human JOB AND FAMILY services 47,480
toll-free telephone number on each type A home provisional 47,481
license or license which any person may use to report a suspected 47,482
violation by the type A home of this chapter or rules adopted 47,483
pursuant this chapter; 47,485
(15) Requirements for the training of administrators and 47,487
child-care staff members in first aid, in prevention, 47,488
recognition, and management of communicable diseases, and in 47,489
child abuse recognition and prevention; 47,490
(16) Procedures to be used by licensees for checking the 47,492
references of potential employees of type A homes and procedures 47,493
to be used by the director for checking the references of 47,494
applicants for licenses to operate type A homes; 47,495
(17) Standards providing for the special needs of children 47,497
who are handicapped or who require treatment for health 47,498
conditions while the child is receiving child day-care or 47,499
1056
publicly funded child day-care in the type A home; 47,500
(18) Standards for the maximum number of children per 47,502
child-care staff member; 47,503
(19) Requirements for the amount of usable indoor floor 47,505
space for each child; 47,506
(20) Requirements for safe outdoor play space; 47,508
(21) Qualifications and training requirements for 47,510
administrators and for child-care staff members; 47,511
(22) Procedures for granting a parent who is the 47,513
residential parent and legal custodian, or a custodian or 47,514
guardian access to the type A home during its hours of operation; 47,515
(23) Standards for the preparation and distribution of a 47,517
roster of parents, custodians, and guardians; 47,518
(24) Any other procedures and standards necessary to carry 47,520
out this chapter. 47,521
(G) The director of human JOB AND FAMILY services shall 47,523
adopt rules pursuant to Chapter 119. of the Revised Code 47,524
governing the certification of type B family day-care homes. 47,525
(1) The rules shall include procedures, standards, and 47,528
other necessary provisions for granting limited certification to 47,529
type B family day-care homes that are operated by the following 47,530
adult providers:
(a) Persons who provide child day-care for eligible 47,533
children who are great-grandchildren, grandchildren, nieces, 47,534
nephews, or siblings of the provider or for eligible children 47,535
whose caretaker parent is a grandchild, child, niece, nephew, or 47,536
sibling of the provider;
(b) Persons who provide child day-care for eligible 47,538
children all of whom are the children of the same caretaker 47,539
parent.
The rules shall require, and shall include procedures for 47,542
the director to ensure, that type B family day-care homes that 47,543
receive a limited certification provide child day-care to 47,544
children in a safe and sanitary manner. With regard to providers 47,545
1057
who apply for limited certification, a provider shall be granted 47,546
a provisional limited certification on signing a declaration 47,547
under oath attesting that the provider meets the standards for 47,548
limited certification. Such provisional limited certifications 47,549
shall remain in effect for no more than sixty calendar days and 47,550
shall entitle the provider to offer publicly funded child 47,551
day-care during the provisional period. Except as otherwise 47,552
provided in division (G)(1) of this section, prior to the 47,554
expiration of the provisional limited certificate, a county
department of human JOB AND FAMILY services shall inspect the 47,555
home and shall grant limited certification to the provider if the 47,556
provider meets the requirements of this division. Limited 47,557
certificates remain valid for two years unless earlier revoked. 47,558
Except as otherwise provided in division (G)(1) of this section, 47,559
providers operating under limited certification shall be 47,560
inspected annually.
If a provider is a person described in division (G)(1)(a) 47,563
of this section or a person described in division (G)(1)(b) of 47,565
this section who is a friend of the caretaker parent, the
provider and the caretaker parent may verify in writing to the 47,566
county department of human JOB AND FAMILY services that minimum 47,567
health and safety requirements are being met in the home. If 47,568
such verification is provided, the county shall waive any 47,569
inspection and any criminal records check required by this 47,570
chapter and grant limited certification to the provider. 47,571
(2) The rules shall provide for safeguarding the health, 47,573
safety, and welfare of children receiving child day-care or 47,574
publicly funded child day-care in a certified type B home and 47,575
shall include the following: 47,576
(a) Standards for ensuring that the type B home and the 47,578
physical surroundings of the type B home are safe and sanitary, 47,579
including, but not limited to, physical environment, physical 47,580
plant, and equipment; 47,581
(b) Standards for the supervision, care, and discipline of 47,583
1058
children receiving child day-care or publicly funded child 47,584
day-care in the home; 47,585
(c) Standards for a program of activities, and for play 47,587
equipment, materials, and supplies to enhance the development of 47,588
each child; however, any educational curricula, philosophies, and 47,589
methodologies that are developmentally appropriate and that 47,590
enhance the social, emotional, intellectual, and physical 47,591
development of each child shall be permissible; 47,592
(d) Admission policies and procedures, health care, first 47,594
aid and emergency procedures, procedures for the care of sick 47,595
children, procedures for discipline and supervision of children, 47,596
nutritional standards, and procedures for screening children and 47,597
authorized providers, including, but not limited to, any 47,598
necessary physical examinations and immunizations; 47,599
(e) Methods of encouraging parental participation and 47,601
ensuring that the rights of children, parents, and authorized 47,602
providers are protected and the responsibilities of parents and 47,603
authorized providers are met; 47,604
(f) Standards for the safe transport of children when 47,606
under the care of authorized providers; 47,607
(g) Procedures for issuing, renewing, denying, refusing to 47,609
renew, or revoking certificates; 47,610
(h) Procedures for the inspection of type B family 47,612
day-care homes that require, at a minimum, that each type B 47,613
family day-care home be inspected prior to certification to 47,614
ensure that the home is safe and sanitary; 47,615
(i) Procedures for record keeping and evaluation; 47,617
(j) Procedures for receiving, recording, and responding to 47,620
complaints;
(k) Standards providing for the special needs of children 47,622
who are handicapped or who receive treatment for health 47,623
conditions while the child is receiving child day-care or 47,624
publicly funded child day-care in the type B home; 47,625
(l) Requirements for the amount of usable indoor floor 47,627
1059
space for each child; 47,628
(m) Requirements for safe outdoor play space; 47,630
(n) Qualification and training requirements for authorized 47,633
providers;
(o) Procedures for granting a parent who is the 47,635
residential parent and legal custodian, or a custodian or 47,636
guardian access to the type B home during its hours of operation; 47,637
(p) Any other procedures and standards necessary to carry 47,639
out this chapter. 47,640
(H) The director shall adopt rules pursuant to Chapter 47,643
119. of the Revised Code governing the certification of in-home 47,644
aides. The rules shall include procedures, standards, and other 47,645
necessary provisions for granting limited certification to 47,646
in-home aides who provide child day-care for eligible children
who are great-grandchildren, grandchildren, nieces, nephews, or 47,647
siblings of the in-home aide or for eligible children whose 47,648
caretaker parent is a grandchild, child, niece, nephew, or 47,649
sibling of the in-home aide. The rules shall require, and shall 47,650
include procedures for the director to ensure, that in-home aides 47,651
that receive a limited certification provide child day-care to 47,652
children in a safe and sanitary manner. The rules shall provide 47,653
for safeguarding the health, safety, and welfare of children 47,654
receiving publicly funded child day-care in their own home and 47,655
shall include the following: 47,656
(1) Standards for ensuring that the child's home and the 47,658
physical surroundings of the child's home are safe and sanitary, 47,659
including, but not limited to, physical environment, physical 47,660
plant, and equipment; 47,661
(2) Standards for the supervision, care, and discipline of 47,663
children receiving publicly funded child day-care in their own 47,664
home; 47,665
(3) Standards for a program of activities, and for play 47,667
equipment, materials, and supplies to enhance the development of 47,668
each child; however, any educational curricula, philosophies, and 47,669
1060
methodologies that are developmentally appropriate and that 47,670
enhance the social, emotional, intellectual, and physical 47,671
development of each child shall be permissible; 47,672
(4) Health care, first aid, and emergency procedures, 47,674
procedures for the care of sick children, procedures for 47,675
discipline and supervision of children, nutritional standards, 47,676
and procedures for screening children and in-home aides, 47,677
including, but not limited to, any necessary physical 47,678
examinations and immunizations; 47,679
(5) Methods of encouraging parental participation and 47,681
ensuring that the rights of children, parents, and in-home aides 47,682
are protected and the responsibilities of parents and in-home 47,683
aides are met; 47,684
(6) Standards for the safe transport of children when 47,686
under the care of in-home aides; 47,687
(7) Procedures for issuing, renewing, denying, refusing to 47,689
renew, or revoking certificates; 47,690
(8) Procedures for inspection of homes of children 47,692
receiving publicly funded child day-care in their own homes; 47,693
(9) Procedures for record keeping and evaluation; 47,695
(10) Procedures for receiving, recording, and responding 47,697
to complaints; 47,698
(11) Qualifications and training requirements for in-home 47,700
aides; 47,701
(12) Standards providing for the special needs of children 47,703
who are handicapped or who receive treatment for health 47,704
conditions while the child is receiving publicly funded child 47,705
day-care in the child's own home; 47,706
(13) Any other procedures and standards necessary to carry 47,708
out this chapter. 47,709
(I) The director of human JOB AND FAMILY services shall 47,711
send copies of proposed rules to each licensee and each county 47,712
director of human JOB AND FAMILY services and shall give public 47,713
notice of hearings regarding the rules to each licensee and each 47,715
1061
county director of human JOB AND FAMILY services at least thirty 47,716
days prior to the date of the public hearing, in accordance with 47,718
section 119.03 of the Revised Code. Prior to the effective date 47,719
of a rule, the director of human JOB AND FAMILY services shall 47,720
provide copies of the adopted rule to each licensee and each 47,721
county director of human JOB AND FAMILY services. 47,722
The county director of human JOB AND FAMILY services shall 47,724
send copies of proposed rules to each authorized provider and 47,726
in-home aide and shall give public notice of hearings regarding 47,727
the rules to each authorized provider and in-home aide at least 47,728
thirty days prior to the date of the public hearing, in 47,729
accordance with section 119.03 of the Revised Code. Prior to the 47,730
effective date of a rule, the county director of human JOB AND 47,731
FAMILY services shall provide copies of the adopted rule to each 47,732
authorized provider and in-home aide. 47,733
Additional copies of proposed and adopted rules shall be 47,735
made available by the director of human JOB AND FAMILY services 47,736
to the public on request at no charge. 47,738
(J) The director of human JOB AND FAMILY services shall 47,740
review all rules adopted pursuant to this chapter at least once 47,742
every seven years. 47,744
(K) Notwithstanding any provision of the Revised Code, the 47,746
director of human JOB AND FAMILY services shall not regulate in 47,747
any way under this chapter or rules adopted pursuant to this 47,749
chapter, instruction in religious or moral doctrines, beliefs, or 47,751
values.
Sec. 5104.012. (A)(1) The administrator of a child 47,760
day-care center or a type-A TYPE A family day-care home and the 47,761
provider of a certified type-B TYPE B family day-care home shall 47,762
request the superintendent of the bureau of criminal 47,763
identification and investigation to conduct a criminal records 47,764
check with respect to any applicant who has applied to the 47,765
center, type-A TYPE A home, or certified type-B TYPE B home for 47,766
employment as a person responsible for the care, custody, or 47,767
1062
control of a child. If the applicant does not present proof that 47,768
the applicant has been a resident of this state for the five-year 47,769
period immediately prior to the date upon which the criminal 47,770
records check is requested or does not provide evidence that 47,771
within that five-year period the superintendent has requested 47,772
information about the applicant from the federal bureau of
investigation in a criminal records check, the administrator or 47,773
provider shall request that the superintendent obtain information 47,774
from the federal bureau of investigation as a part of the 47,775
criminal records check for the applicant. If the applicant 47,776
presents proof that the applicant has been a resident of this 47,777
state for that five-year period, the administrator or provider 47,778
may request that the superintendent include information from the 47,779
federal bureau of investigation in the criminal records check. 47,780
(2) A person required by division (A)(1) of this section 47,782
to request a criminal records check shall provide to each 47,783
applicant a copy of the form prescribed pursuant to division 47,784
(C)(1) of section 109.572 of the Revised Code, provide to each 47,785
applicant a standard impression sheet to obtain fingerprint 47,786
impressions prescribed pursuant to division (C)(2) of section 47,787
109.572 of the Revised Code, obtain the completed form and 47,788
impression sheet from each applicant, and forward the completed 47,789
form and impression sheet to the superintendent of the bureau of 47,790
criminal identification and investigation at the time the person 47,791
requests a criminal records check pursuant to division (A)(1) of 47,792
this section. 47,793
(3) An applicant who receives pursuant to division (A)(2) 47,795
of this section a copy of the form prescribed pursuant to 47,796
division (C)(1) of section 109.572 of the Revised Code and a copy 47,797
of an impression sheet prescribed pursuant to division (C)(2) of 47,798
that section and who is requested to complete the form and 47,799
provide a set of fingerprint impressions shall complete the form 47,800
or provide all the information necessary to complete the form and 47,801
shall provide the impression sheet with the impressions of the 47,802
1063
applicant's fingerprints. If an applicant, upon request, fails 47,803
to provide the information necessary to complete the form or 47,804
fails to provide impressions of the applicant's fingerprints, the 47,805
center, type-A TYPE A home, or type-B TYPE B home shall not 47,806
employ that applicant for any position for which a criminal 47,807
records check is required by division (A)(1) of this section. 47,808
(B)(1) Except as provided in rules adopted by the 47,810
department of human services in accordance with UNDER division 47,811
(E) of this section, no child day-care center, type-A TYPE A 47,813
family day-care home, or certified type-B TYPE B family day-care 47,815
home shall employ or contract with another entity for the 47,817
services of a person as a person responsible for the care, 47,818
custody, or control of a child if the person previously has been 47,819
convicted of or pleaded guilty to any of the following: 47,820
(a) A violation of section 2903.01, 2903.02, 2903.03, 47,822
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 47,823
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 47,825
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 47,826
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 47,827
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 47,828
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 47,829
2925.06, or 3716.11 of the Revised Code, a violation of section 47,830
2905.04 of the Revised Code as it existed prior to July 1, 1996, 47,831
a violation of section 2919.23 of the Revised Code that would 47,832
have been a violation of section 2905.04 of the Revised Code as
it existed prior to July 1, 1996, had the violation occurred 47,833
prior to that date,, a violation of section 2925.11 of the 47,834
Revised Code that is not a minor drug possession offense, or 47,835
felonious sexual penetration in violation of former section 47,836
2907.12 of the Revised Code;
(b) A violation of an existing or former law of this 47,838
state, any other state, or the United States that is 47,839
substantially equivalent to any of the offenses or violations 47,840
described in division (B)(1)(a) of this section. 47,841
1064
(2) A child day-care center, type-A TYPE A family day-care 47,843
home, or certified type-B TYPE B family day-care home may employ 47,844
an applicant conditionally until the criminal records check 47,845
required by this section is completed and the center or home 47,846
receives the results of the criminal records check. If the 47,847
results of the criminal records check indicate that, pursuant to 47,848
division (B)(1) of this section, the applicant does not qualify 47,849
for employment, the center or home shall release the applicant 47,850
from employment.
(C)(1) Each child day-care center, type-A TYPE A family 47,852
day-care home, and certified type-B TYPE B family day-care home 47,853
shall pay to the bureau of criminal identification and 47,854
investigation the fee prescribed pursuant to division (C)(3) of 47,855
section 109.572 of the Revised Code for each criminal records 47,856
check conducted in accordance with that section upon the request 47,857
pursuant to division (A)(1) of this section of the administrator 47,858
or provider of the center or home. 47,859
(2) A child day-care center, type-A TYPE A family day-care 47,861
home, and certified type-B TYPE B family day-care home may charge 47,862
an applicant a fee for the costs it incurs in obtaining a 47,863
criminal records check under this section. A fee charged under 47,864
this division shall not exceed the amount of fees the center or 47,865
home pays under division (C)(1) of this section. If a fee is 47,866
charged under this division, the center or home shall notify the 47,867
applicant at the time of the applicant's initial application for 47,868
employment of the amount of the fee and that, unless the fee is 47,869
paid, the center, type-A TYPE A home, or type-B TYPE B home will 47,870
not consider the applicant for employment. 47,871
(D) The report of any criminal records check conducted by 47,873
the bureau of criminal identification and investigation in 47,874
accordance with section 109.572 of the Revised Code and pursuant 47,875
to a request under division (A)(1) of this section is not a 47,876
public record for the purposes of section 149.43 of the Revised 47,877
Code and shall not be made available to any person other than the 47,878
1065
applicant who is the subject of the criminal records check or the 47,879
applicant's representative; the center, type-A TYPE A home, or 47,881
certified type-B TYPE B home requesting the criminal records 47,882
check or its representative; the state department of human JOB 47,883
AND FAMILY services or a county department of human JOB AND 47,884
FAMILY services; and any court, hearing officer, or other 47,885
necessary individual involved in a case dealing with the denial 47,886
of employment to the applicant. 47,887
(E) The department DIRECTOR of human JOB AND FAMILY 47,890
services shall adopt rules pursuant to Chapter 119. of the 47,891
Revised Code to implement this section, including rules 47,892
specifying circumstances under which a center or home may hire a 47,893
person who has been convicted of an offense listed in division 47,894
(B)(1) of this section but who meets standards in regard to 47,895
rehabilitation set by the department.
(F) Any person required by division (A)(1) of this section 47,897
to request a criminal records check shall inform each person, at 47,898
the time of the person's initial application for employment, that 47,899
the person is required to provide a set of impressions of the 47,900
person's fingerprints and that a criminal records check is 47,902
required to be conducted and satisfactorily completed in 47,903
accordance with section 109.572 of the Revised Code if the person 47,904
comes under final consideration for appointment or employment as 47,905
a precondition to employment for that position. 47,906
(G) As used in this section: 47,908
(1) "Applicant" means a person who is under final 47,910
consideration for appointment to or employment in a position with 47,911
a child day-care center, a type-A TYPE A family day-care home, or 47,912
a certified type-B TYPE B family day-care home as a person 47,913
responsible for the care, custody, or control of a child; an 47,914
in-home aide certified pursuant to section 5104.12 of the Revised 47,915
Code; or any person who would serve in any position with a child 47,916
day-care center, a type-A TYPE A family day-care home, or a 47,917
certified type-B TYPE B family day-care home as a person 47,918
1066
responsible for the care, custody, or control of a child pursuant 47,919
to a contract with another entity. 47,920
(2) "Criminal records check" has the same meaning as in 47,922
section 109.572 of the Revised Code. 47,923
(3) "Minor drug possession offense" has the same meaning 47,925
as in section 2925.01 of the Revised Code. 47,926
Sec. 5104.013. (A)(1) The director of human JOB AND 47,935
FAMILY services, as part of the process of licensure of child 47,936
day-care centers and type-A TYPE A family day-care homes, shall 47,937
request the superintendent of the bureau of criminal 47,938
identification and investigation to conduct a criminal records 47,939
check with respect to the following persons: 47,940
(a) Any owner, licensee, or administrator of a child 47,942
day-care center; 47,943
(b) Any owner, licensee, or administrator of a type-A TYPE 47,945
A family day-care home and any person eighteen years of age or 47,946
older who resides in a type-A TYPE A family day-care home. 47,948
(2) The director of a county department of human JOB AND 47,950
FAMILY services, as part of the process of certification of 47,951
type-B TYPE B family day-care homes, shall request the 47,953
superintendent of the bureau of criminal identification and 47,954
investigation to conduct a criminal records check with respect to 47,955
any authorized provider of a certified type-B TYPE B family 47,956
day-care home and any person eighteen years of age or older who 47,958
resides in a certified type-B TYPE B family day-care home. 47,959
(B) The director of human JOB AND FAMILY services or the 47,961
director of a county department of human JOB AND FAMILY services 47,963
shall provide to each person for whom a criminal records check is 47,965
required under this section a copy of the form prescribed 47,966
pursuant to division (C)(1) of section 109.572 of the Revised 47,967
Code and a standard impression sheet to obtain fingerprint 47,968
impressions prescribed pursuant to division (C)(2) of that 47,969
section, obtain the completed form and impression sheet from that 47,970
person, and forward the completed form and impression sheet to 47,971
1067
the superintendent of the bureau of criminal identification and 47,972
investigation.
(C) A person who receives pursuant to division (B) of this 47,975
section a copy of the form and standard impression sheet
described in that division and who is requested to complete the 47,976
form and provide a set of fingerprint impressions shall complete 47,977
the form or provide all the information necessary to complete the 47,978
form and shall provide the impression sheet with the impressions 47,979
of the person's fingerprints. If the person, upon request, fails 47,980
to provide the information necessary to complete the form or 47,981
fails to provide impressions of the person's fingerprints, the 47,982
director may consider the failure as a reason to deny licensure 47,983
or certification. 47,984
(D) Except as provided in rules adopted by the department 47,986
of human services in accordance with UNDER division (G) of this 47,987
section, the director of human JOB AND FAMILY services shall not 47,988
grant a license to a child day-care center or type-A TYPE A 47,990
family day-care home and a county director of human JOB AND 47,992
FAMILY services shall not certify a type-B TYPE B family day-care 47,994
home if a person for whom a criminal records check was required 47,995
in connection with the center or home previously has been 47,996
convicted of or pleaded guilty to any of the following: 47,997
(1) A violation of section 2903.01, 2903.02, 2903.03, 47,999
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 48,000
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 48,002
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 48,003
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 48,004
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 48,005
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 48,006
2925.06, or 3716.11 of the Revised Code, a violation of section 48,007
2905.04 as it existed prior to July 1, 1996, a violation of
section 2919.23 of the Revised Code that would have been a 48,008
violation of section 2905.04 of the Revised Code as it existed 48,009
prior to July 1, 1996, had the violation been committed prior to 48,010
1068
that date,, a violation of section 2925.11 of the Revised Code 48,012
that is not a minor drug possession offense, or felonious sexual 48,013
penetration in violation of former section 2907.12 of the Revised
Code;
(2) A violation of an existing or former law of this 48,015
state, any other state, or the United States that is 48,016
substantially equivalent to any of the offenses or violations 48,017
described in division (D)(1) of this section. 48,018
(E) Each child day-care center, type-A TYPE A family 48,020
day-care home, and type-B TYPE B family day-care home shall pay 48,021
to the bureau of criminal identification and investigation the 48,022
fee prescribed pursuant to division (C)(3) of section 109.572 of 48,023
the Revised Code for each criminal records check conducted in 48,024
accordance with that section upon a request made pursuant to 48,025
division (A) of this section. 48,026
(F) The report of any criminal records check conducted by 48,028
the bureau of criminal identification and investigation in 48,029
accordance with section 109.572 of the Revised Code and pursuant 48,030
to a request made under division (A) of this section is not a 48,031
public record for the purposes of section 149.43 of the Revised 48,032
Code and shall not be made available to any person other than the 48,033
person who is the subject of the criminal records check or the 48,034
person's representative, the director of human JOB AND FAMILY 48,035
services, the director of a county department of human JOB AND 48,037
FAMILY services, the center, type-A TYPE A home, or type-B TYPE B 48,039
home involved, and any court, hearing officer, or other necessary 48,041
individual involved in a case dealing with a denial of licensure 48,042
or certification related to the criminal records check.
(G) The department DIRECTOR of human JOB AND FAMILY 48,045
services shall adopt rules pursuant to Chapter 119. of the 48,046
Revised Code to implement this section, including rules 48,047
specifying exceptions to the prohibition in division (D) of this 48,048
section for persons who have been convicted of an offense listed 48,049
in that division but who meet standards in regard to 48,050
1069
rehabilitation set by the department.
(H) As used in this section: 48,052
(1) "Criminal records check" has the same meaning as in 48,054
section 109.572 of the Revised Code. 48,055
(2) "Minor drug possession offense" has the same meaning 48,058
as in section 2925.01 of the Revised Code.
Sec. 5104.014. The department DIRECTOR of human JOB AND 48,069
FAMILY services shall adopt rules in accordance with Chapter 119. 48,070
of the Revised Code to provide for the licensing of child 48,071
day-care centers for children with short-term illnesses and other
temporary medical conditions. 48,072
Sec. 5104.015. (A) Except as otherwise provided in 48,081
division (C) of this section, no child day-care center shall 48,082
permit any person to smoke in any indoor or outdoor space that is 48,083
part of the center. 48,084
The administrator of a child day-care center shall post in 48,086
a conspicuous place at the main entrance of the center a notice 48,087
stating that smoking is prohibited in any indoor or outdoor space 48,088
that is part of the center, except under the conditions described 48,089
in division (C) of this section. 48,090
(B) Except as otherwise provided in division (C) of this 48,092
section, no type A family day-care home or certified type B 48,093
family day-care home shall permit any person to smoke in any 48,094
indoor or outdoor space that is part of the home during the hours 48,095
the home is in operation. Smoking may be permitted during hours 48,096
other than the hours of operation if the administrator or 48,097
authorized provider of the home has provided to a parent, 48,098
custodian, or guardian of each child receiving child day-care at 48,099
the home notice that smoking occurs or may occur at the home when 48,100
it is not in operation. 48,101
The administrator of a type A family day-care home or 48,103
authorized provider of a certified type B family day-care home 48,104
shall post in a conspicuous place at the main entrance of the 48,105
home a notice specifying the hours the home is in operation and 48,106
1070
stating that smoking is prohibited during those hours in any 48,107
indoor or outdoor space that is part of the home, except under 48,108
the conditions described in division (C) of this section. 48,109
(C) A child day-care center, type A family day-care home, 48,111
or certified type B family home may allow persons to smoke at the 48,112
center or home during its hours of operation if those persons 48,113
cannot be seen smoking by the children being cared for and if 48,114
they smoke in either of the following: 48,115
(1) An indoor area that is separately ventilated from the 48,117
rest of the center or home; 48,118
(2) An outdoor area that is so far removed from the 48,120
children being cared for that they cannot inhale any smoke. 48,121
(D) The director of human JOB AND FAMILY services, in 48,123
consultation with the director of health, shall adopt rules in 48,124
accordance with Chapter 119. of the Revised Code to implement the 48,125
requirements of this section. These rules may prohibit smoking 48,126
in a child day-care center, type A family day-care home, or 48,127
certified type B family home if its design and structure do not 48,128
allow persons to smoke under the conditions described in division 48,129
(C) of this section or if repeated violations of division (A) or 48,130
(B) of this section have occurred there. 48,131
Sec. 5104.02. (A) The director of human JOB AND FAMILY 48,140
services is responsible for the licensing of child day-care 48,141
centers and type A family day-care homes, and for the enforcement 48,142
of this chapter and of rules promulgated pursuant to this 48,143
chapter. No person, firm, organization, institution, or agency 48,144
shall operate, establish, manage, conduct, or maintain a child 48,145
day-care center or type A family day-care home without a license 48,146
issued under section 5104.03 of the Revised Code. The current 48,147
license shall be posted in a conspicuous place in the center or 48,148
type A home that is accessible to parents, custodians, or 48,149
guardians and employees of the center or type A home at all times 48,150
when the center or type A home is in operation. 48,151
(B) A person, firm, institution, organization, or agency 48,153
1071
operating any of the following programs is exempt from the 48,154
requirements of this chapter: 48,155
(1) A program of child day-care that operates for two or 48,157
less consecutive weeks; 48,158
(2) Child day-care in places of worship during religious 48,160
activities during which children are cared for while at least one 48,161
parent, guardian, or custodian of each child is participating in 48,162
such activities and is readily available; 48,163
(3) Religious activities which do not provide child 48,165
day-care; 48,166
(4) Supervised training, instruction, or activities of 48,168
children in specific areas, including, but not limited to: art; 48,169
drama; dance; music; gymnastics, swimming, or another athletic 48,170
skill or sport; computers; or an educational subject conducted on 48,171
an organized or periodic basis no more than one day a week and 48,172
for no more than six hours duration; 48,173
(5) Programs in which the director determines that at 48,175
least one parent, custodian, or guardian of each child is on the 48,176
premises of the facility offering child day-care and is readily 48,177
accessible at all times, except that child day-care provided on 48,178
the premises at which a parent, custodian, or guardian is 48,179
employed more than two and one-half hours a day shall be licensed 48,180
in accordance with division (A) of this section; 48,181
(6)(a) Programs that provide child day-care funded and 48,183
regulated or operated and regulated by state departments other 48,184
than the department of human JOB AND FAMILY services or the state 48,185
board of education when the director of human JOB AND FAMILY 48,186
services has determined that the rules governing the program are 48,187
equivalent to or exceed the rules promulgated pursuant to this 48,188
chapter.
Notwithstanding any exemption from regulation under this 48,190
chapter, each state department shall submit to the director of 48,191
human JOB AND FAMILY services a copy of the rules that govern
programs that provide child day-care and are regulated or 48,192
1072
operated and regulated by the department. Annually, each state 48,193
department shall submit to the director a report for each such 48,194
program it regulates or operates and regulates that includes the 48,195
following information: 48,196
(i) The site location of the program; 48,198
(ii) The maximum number of infants, toddlers, preschool 48,200
children, or school children served by the program at one time; 48,201
(iii) The number of adults providing child day-care for 48,203
the number of infants, toddlers, preschool children, or school 48,204
children; 48,205
(iv) Any changes in the rules made subsequent to the time 48,207
when the rules were initially submitted to the director. 48,208
The director shall maintain a record of the child day-care 48,210
information submitted by other state departments and shall 48,211
provide this information upon request to the general assembly or 48,212
the public. 48,213
(b) Child day-care programs conducted by boards of 48,215
education or by chartered nonpublic schools that are conducted in 48,216
school buildings and that provide child day-care to school 48,217
children only shall be exempt from meeting or exceeding rules 48,218
promulgated pursuant to this chapter. 48,219
(7) Any preschool program or school child program that is 48,221
subject to licensure by the department of education under 48,222
sections 3301.52 to 3301.59 of the Revised Code. 48,223
(8) Any program providing child day-care that meets all of 48,225
the following requirements and, on October 20, 1987, was being 48,226
operated by a nonpublic school that holds a charter issued by the 48,227
state board of education for kindergarten only: 48,228
(a) The nonpublic school has given the notice to the state 48,230
board and the director of human JOB AND FAMILY services required 48,231
by Section 4 of Substitute House Bill No. 253 of the 117th 48,232
general assembly;
(b) The nonpublic school continues to be chartered by the 48,234
state board for kindergarten, or receives and continues to hold a 48,235
1073
charter from the state board for kindergarten through grade five; 48,236
(c) The program is conducted in a school building; 48,238
(d) The program is operated in accordance with rules 48,240
promulgated by the state board under sections 3301.52 to 3301.57 48,241
of the Revised Code. 48,242
(9) A youth development program operated outside of school 48,245
hours by a community-based center to which all of the following 48,246
apply:
(a) The children enrolled in the program are under 48,248
nineteen years of age and enrolled in or eligible to be enrolled 48,249
in a grade of kindergarten or above. 48,250
(b) The program provides informal child care and at least 48,253
two of the following supervised activities: educational, 48,254
recreational, culturally enriching, social, and personal 48,255
development activities.
(c) The state board of education has approved the 48,257
program's participation in the child and adult care food program 48,258
as an outside-school-hours care center pursuant to standards 48,259
established under section 3313.813 of the Revised Code. 48,262
(d) The community-based center operating the program is 48,265
exempt from federal income taxation pursuant to 26 U.S.C. 501(a) 48,267
and (c)(3).
Sec. 5104.021. The director of human JOB AND FAMILY 48,276
services may not issue a child day-care center or type A family 48,278
day-care home license to a youth development program that is 48,279
exempted by division (B)(9) of section 5104.02 of the Revised 48,282
Code from the requirements of this chapter. 48,283
Sec. 5104.03. (A) Any person, firm, organization, 48,292
institution, or agency desiring to establish a child day-care 48,293
center or type A family day-care home shall apply for a license 48,294
to the director of human JOB AND FAMILY services on such form as 48,295
the director prescribes. The director shall provide at no charge 48,296
to each applicant for licensure a copy of the day-care license 48,297
requirements in Chapter 5104. of the Revised Code and of the 48,298
1074
rules adopted pursuant to Chapter 5104. of the Revised Code. The 48,300
director shall mail application forms for renewal of license at 48,302
least one hundred twenty days prior to the date of expiration of 48,303
the license, and the application for renewal shall be filed with 48,304
the director at least sixty days before the date of expiration. 48,305
Fees shall be set by the director pursuant to section 5104.011 of 48,306
the Revised Code and shall be paid at the time of application for 48,307
or renewal of a license to operate a center or type A home. Fees 48,308
collected under this section shall be paid into the state 48,309
treasury to the credit of the general revenue fund. 48,310
(B) Upon filing of the application for a license, the 48,312
director shall investigate and inspect the center or type A home 48,313
to determine the license capacity for each age category of 48,314
children of the center or type A home and to determine whether 48,315
the center or type A home complies with Chapter 5104. of the 48,316
Revised Code and rules adopted pursuant to Chapter 5104. of the 48,319
Revised Code. When, after investigation and inspection, the
director is satisfied that Chapter 5104. of the Revised Code and 48,320
rules adopted pursuant to Chapter 5104. of the Revised Code are 48,323
complied with, a provisional license shall be issued as soon as 48,324
practicable in such form and manner as prescribed by the
director. The provisional license shall be valid for six months 48,325
from the date of issuance unless revoked. 48,326
(C) The director shall investigate and inspect the center 48,328
or type A home at least once during operation under the 48,329
provisional license. If after the investigation and inspection 48,330
the director determines that the requirements of Chapter 5104. of 48,331
the Revised Code and rules adopted pursuant to Chapter 5104. of 48,334
the Revised Code are met, the director shall issue a license to 48,335
be effective for two years from the date of issuance of the
provisional license. 48,336
(D) Upon the filing of an application for renewal of a 48,338
license by the center or type A home, the director shall 48,339
investigate and inspect the center or type A home. If the 48,340
1075
director determines that the requirements of Chapter 5104. and 48,341
rules adopted pursuant to Chapter 5104. of the Revised Code are 48,344
met, the director shall renew the license to be effective for two 48,345
years from the expiration date of the previous license.
(E) The license or provisional license shall state the 48,347
name of the licensee, the name of the administrator, the address 48,348
of the center or type A home, and the license capacity for each 48,349
age category of children. After July 1, 1987, the provisional 48,350
license or license shall include thereon, in accordance with 48,351
section 5104.011 of the Revised Code, the toll-free telephone 48,352
number to be used by persons suspecting that the center or type A 48,353
home has violated a provision of Chapter 5104., or rules adopted 48,355
pursuant to Chapter 5104. of the Revised Code. A license or
provisional license is valid only for the licensee, 48,356
administrator, address, and license capacity for each age 48,357
category of children designated on the license. The license 48,358
capacity specified on the license or provisional license is the 48,359
maximum number of children in each age category that may be cared 48,360
for in the center or type A home at one time. 48,361
The center or type A home licensee shall notify the 48,364
director when the administrator of the center or home changes. 48,365
The director shall amend the current license or provisional 48,366
license to reflect a change in an administrator, if the 48,367
administrator meets the requirements of Chapter 5104. of the 48,368
Revised Code and rules adopted pursuant to Chapter 5104. of the 48,369
Revised Code, or a change in license capacity for any age 48,370
category of children as determined by the director of human JOB 48,371
AND FAMILY services.
(F) If the director revokes a license or refuses to renew 48,373
a license to a center or a type A home, the director shall not 48,375
issue a license to the owner of the center or type A home within 48,376
two years from the date of the revocation of a license or refusal 48,377
to renew a license. If during the application for licensure or 48,378
renewal of licensure process the director determines that the 48,379
1076
license of the owner has been revoked or renewal of licensure has 48,380
been denied, the investigation of the center or type A home shall 48,381
cease, and shall not constitute denial of the application. All 48,382
actions of the director with respect to licensing centers or type 48,383
A homes, renewing a license, refusal to license or renew a 48,384
license, and revocation of a license shall be in accordance with 48,385
Chapter 119. of the Revised Code. Any applicant who is denied a 48,386
license or any owner whose license is not renewed or is revoked 48,387
may appeal in accordance with section 119.12 of the Revised Code. 48,388
Sec. 5104.04. (A) The department of human JOB AND FAMILY 48,397
services shall establish procedures to be followed in 48,399
investigating, inspecting, and licensing child day-care centers 48,400
and type A family day-care homes. 48,401
(B)(1) The department shall, at least twice during every 48,404
twelve-month period of operation of a center or type A home, 48,405
inspect the center or type A home. The department shall inspect 48,406
a part-time center or part-time type A home at least once during 48,407
every twelve-month period of operation. The department shall 48,408
provide a written inspection report to the licensee within a 48,409
reasonable time after each inspection. The licensee shall 48,410
display all written reports of inspections conducted during the 48,411
current licensing period in a conspicuous place in the center or 48,412
type A home.
At least one inspection shall be unannounced and all 48,414
inspections may be unannounced. No person, firm, organization, 48,415
institution, or agency shall interfere with the inspection of a 48,416
center or type A home by any state or local official engaged in 48,418
performing duties required of the state or local official by 48,419
Chapter 5104. of the Revised Code or rules adopted pursuant to 48,421
Chapter 5104. of the Revised Code, including inspecting the 48,422
center or type A home, reviewing records, or interviewing 48,423
licensees, employees, children, or parents. 48,424
Upon receipt of any complaint that a center or type A home 48,426
is out of compliance with the requirements of Chapter 5104. of 48,427
1077
the Revised Code or rules adopted pursuant to Chapter 5104. of 48,430
the Revised Code, the department shall investigate and may 48,431
inspect a center or type A home.
(2) If the department implements an instrument-based 48,433
program monitoring information system, it may use an indicator 48,434
checklist to comply with division (B)(1) of this section. 48,435
(3) The department shall, at least once during every 48,437
twelve-month period of operation of a center or type A home, 48,438
collect information concerning the amounts charged by the center 48,439
or home for providing child day-care services for use in 48,440
establishing rates of reimbursement pursuant to section 5104.30 48,441
of the Revised Code.
(C) In the event a licensed center or type A home is 48,443
determined to be out of compliance with the requirements of 48,444
Chapter 5104. of the Revised Code or rules adopted pursuant to 48,447
Chapter 5104. of the Revised Code, the department shall notify 48,448
the licensee of the center or type A home in writing regarding 48,449
the nature of the violation, what must be done to correct the 48,450
violation, and by what date the correction must be made. If the 48,451
correction is not made by the date established by the department, 48,453
the department may commence action under Chapter 119. of the 48,454
Revised Code to revoke the license. 48,456
(D) The department may deny or revoke a license, or refuse 48,459
to renew a license of a center or type A home, if the applicant 48,460
knowingly makes a false statement on the application, does not 48,461
comply with the requirements of Chapter 5104. or rules adopted 48,463
pursuant to Chapter 5104. of the Revised Code, or has pleaded 48,465
guilty to or been convicted of an offense described in section 48,466
5104.09 of the Revised Code.
(E) If the department finds, after notice and hearing 48,468
pursuant to Chapter 119. of the Revised Code, that any person, 48,469
firm, organization, institution, or agency licensed under section 48,470
5104.03 of the Revised Code is in violation of any provision of 48,471
Chapter 5104. of the Revised Code or rules adopted pursuant to 48,474
1078
Chapter 5104. of the Revised Code, the department may issue an 48,475
order of revocation to the center or type A home revoking the 48,476
license previously issued by the department. Upon the issuance 48,478
of any order of revocation, the person whose license is revoked 48,479
may appeal in accordance with section 119.12 of the Revised Code. 48,480
(F) The surrender of a center or type A home license to 48,482
the department or the withdrawal of an application for licensure 48,484
by the owner or administrator of the center or type A home shall 48,485
not prohibit the department from instituting any of the actions 48,487
set forth in this section. 48,488
(G) Whenever the department receives a complaint, is 48,490
advised, or otherwise has any reason to believe that a center or 48,491
type A home is providing child day-care without a license issued 48,492
or renewed pursuant to section 5104.03 and is not exempt from 48,493
licensing pursuant to section 5104.02 of the Revised Code, the 48,494
department shall investigate the center or type A home and may 48,495
inspect the areas children have access to or areas necessary for 48,496
the care of children in the center or type A home during 48,497
suspected hours of operation to determine whether the center or 48,498
type A home is subject to the requirements of Chapter 5104. or 48,499
rules adopted pursuant to Chapter 5104. of the Revised Code. 48,500
(H) The department, upon determining that the center or 48,503
type A home is operating without a license, shall notify the 48,504
attorney general, the prosecuting attorney of the county in which 48,505
the center or type A home is located, or the city attorney, 48,506
village solicitor, or other chief legal officer of the municipal 48,507
corporation in which the center or type A home is located, that 48,508
the center or type A home is operating without a license. Upon 48,509
receipt of the notification, the attorney general, prosecuting 48,510
attorney, city attorney, village solicitor, or other chief legal 48,511
officer of a municipal corporation shall file a complaint in the 48,512
court of common pleas of the county in which the center or type A 48,513
home is located requesting that the court grant an order 48,514
enjoining the owner from operating the center or type A home. 48,515
1079
The court shall grant such injunctive relief upon a showing that 48,516
the respondent named in the complaint is operating a center or 48,517
type A home and is doing so without a license. 48,518
(I) The department shall prepare an annual report on 48,520
inspections conducted under this section. The report shall 48,521
include the number of inspections conducted, the number and types 48,522
of violations found, and the steps taken to address the 48,523
violations. The department shall file the report with the 48,524
governor, the president and minority leader of the senate, and 48,525
the speaker and minority leader of the house of representatives
on or before the first day of January of each year, beginning in 48,526
1999.
Sec. 5104.05. (A) The director of human JOB AND FAMILY 48,535
services shall issue a provisional license or license or renew a 48,536
license for the operation of a child day-care center, if the 48,538
director finds, after investigation of the applicant and 48,539
inspection of the center, that other requirements of Chapter 48,540
5104. of the Revised Code, rules promulgated pursuant to Chapter 48,541
5104. of the Revised Code, and the following requirements are 48,542
met:
(1) The buildings in which the center is housed, 48,544
subsequent to any major modification, have been approved by the 48,545
department of commerce or a certified municipal, township, or 48,547
county building department for the purpose of operating a child 48,548
day-care center. Any structure used for the operation of a 48,549
center shall be constructed, equipped, repaired, altered, and 48,550
maintained in accordance with applicable provisions of Chapters 48,551
3781. and 3791. of the Revised Code and with regulations adopted 48,552
by the board of building standards under Chapter 3781. of the 48,553
Revised Code and this division for the safety and sanitation of 48,554
structures erected for this purpose.
(2) The state fire marshal or the fire chief or fire 48,556
prevention officer of the municipal corporation or township in 48,557
which the center is located has inspected the center annually 48,558
1080
within the preceding license period and has found the center to 48,559
be in compliance with rules promulgated by the fire marshal 48,560
pursuant to section 3737.83 of the Revised Code regarding fire 48,561
prevention and fire safety in a child day-care center. 48,562
(3) The center has received a food service operation 48,564
license under Chapter 3717. of the Revised Code if meals are to 48,568
be served to children other than children of the licensee or 48,570
administrator, whether or not a consideration is received for the 48,572
meals.
(B) The director of human JOB AND FAMILY services shall 48,574
issue a provisional license or license or renew a license for the 48,575
operation of a type A family day-care home, if the director 48,576
finds, after investigation of the applicant and inspection of the 48,578
type A home, that other requirements of Chapter 5104. of the 48,579
Revised Code, rules promulgated pursuant to Chapter 5104. of the 48,580
Revised Code, and the following requirements are met: 48,581
(1) The state fire marshal or the fire chief or fire 48,583
prevention officer of the municipal corporation or township in 48,584
which the type A family day-care home is located has inspected 48,585
the type A home annually within the preceding license period and 48,586
has found the type A home to be in compliance with rules 48,587
promulgated by the fire marshal pursuant to section 3737.83 of 48,588
the Revised Code regarding fire prevention and fire safety in a 48,589
type A home. 48,590
(2) The type A home is in compliance with rules set by the 48,592
director of human JOB AND FAMILY services in cooperation with the 48,594
director of health pursuant to section 3701.80 of the Revised 48,595
Code regarding meal preparation and meal service in the home. 48,596
The director of human JOB AND FAMILY services, in accordance with 48,597
procedures recommended by the director of health, shall inspect 48,599
each type A home to determine compliance with those rules. 48,600
(3) The type A home is in compliance with rules 48,602
promulgated by the director of human JOB AND FAMILY services in 48,603
cooperation with the board of building standards regarding safety 48,604
1081
and sanitation pursuant to section 3781.10 of the Revised Code. 48,606
Sec. 5104.052. The director of human JOB AND FAMILY 48,615
services, in cooperation with the fire marshal pursuant to 48,617
section 3737.22 of the Revised Code, shall promulgate rules 48,618
regarding fire prevention and fire safety in certified type B 48,619
family day-care homes. 48,621
Sec. 5104.06. (A) The director of human JOB AND FAMILY 48,630
services shall provide consultation, technical assistance, and 48,632
training to child day-care centers and type A family day-care 48,634
homes to improve programs and facilities providing child day-care 48,635
including, but not limited to, assistance in meeting the 48,636
requirements of Chapter 5104. and rules adopted pursuant to 48,638
Chapter 5104. of the Revised Code and shall furnish information 48,640
regarding child abuse identification and reporting of child 48,642
abuse.
(B) The director of human JOB AND FAMILY services shall 48,644
provide consultation and technical assistance to county 48,646
departments of human JOB AND FAMILY services to assist the 48,647
departments with the implementation of certification of type B 48,648
family day-care home providers and in-home aides.
Sec. 5104.07. (A) The director of human JOB AND FAMILY 48,657
services may prescribe additional requirements for licensing 48,659
child day-care centers or type A family day-care homes that 48,660
provide publicly funded child day-care pursuant to this chapter 48,661
and any rules adopted under it. The director shall develop 48,662
standards as required by federal laws and regulations for 48,663
day-care programs supported by federal funds. 48,664
(B)(1) On or before February 28, 1992, the department of 48,666
human JOB AND FAMILY services shall develop a statewide plan for
child day-care resource and referral services. The plan shall be 48,667
based upon the experiences of other states with respect to child 48,668
day-care resource and referral services, the experiences of 48,669
communities in this state that have child day-care resource and 48,670
referral service organizations, and the needs of communities in 48,671
1082
this state that do not have child day-care resource and referral 48,672
service organizations. The plan shall be designed to ensure that 48,673
child day-care resource and referral services are available in 48,674
each county in the state to families who need child day-care. 48,675
The department shall consider the special needs of migrant 48,676
workers when it develops the plan and shall include in the plan 48,677
procedures designed to accommodate the needs of migrant workers. 48,678
(2) The department DIRECTOR of human JOB AND FAMILY 48,681
services shall adopt rules for funding child day-care resource 48,682
and referral service organizations. The rules shall include all 48,683
of the following:
(a) A description of the services that a child day-care 48,685
resource and referral service organization is required to provide 48,686
to families who need child day-care; 48,687
(b) The qualifications for a child day-care resource and 48,689
referral service organization; 48,690
(c) A description of the procedures for providing federal 48,692
and state funding for county or multicounty child day-care 48,693
resource and referral service organizations; 48,694
(d) A timetable for providing child day-care resource and 48,696
referral services to all communities in the state; 48,697
(e) Uniform information gathering and reporting procedures 48,699
that are designed to be used in compatible computer systems; 48,700
(f) Procedures for establishing statewide nonprofit 48,702
technical assistance services to coordinate uniform data 48,703
collection and to publish reports on child day-care supply, 48,704
demand, and cost and to provide technical assistance to 48,705
communities that do not have child day-care resource and referral 48,706
service organizations and to existing child day-care resource and 48,707
referral service organizations; 48,708
(g) Requirements governing contracts entered into under 48,710
division (C) of this section, which may include limits on the 48,711
percentage of funds distributed by the department that may be 48,712
used for the contracts. 48,713
1083
(C) Child day-care resource and referral service 48,715
organizations receiving funds distributed by the department may, 48,716
in accordance with rules adopted under division (B)(2) of this 48,717
section, enter into contracts with local governmental entities, 48,718
nonprofit organizations including nonprofit organizations that 48,719
provide child day-care, and individuals under which the entities, 48,720
organizations, or individuals may provide child day-care resource 48,721
and referral services in the community with those funds, if the 48,722
contracts are submitted to and approved by the department prior 48,723
to execution. 48,724
Sec. 5104.08. There is hereby created in the department of 48,733
human JOB AND FAMILY services a day-care advisory council to 48,734
advise and assist the department in the administration of this 48,736
chapter and in the development of child day-care. The council 48,737
shall consist of eighteen members appointed by the director of 48,738
human JOB AND FAMILY services with the approval of the governor. 48,739
The director of human JOB AND FAMILY services, the superintendent 48,740
of public instruction, the director of health, the director of 48,741
commerce, and the state fire marshal shall serve as nonvoting 48,744
members of the council.
Six members shall be representatives of child day-care 48,746
centers subject to licensing, the members to represent a variety 48,747
of centers, including nonprofit and proprietary, from different 48,748
geographical areas of the state. At least three members shall be 48,749
parents, guardians, or custodians of children in a head start 48,750
program or receiving child day-care or publicly funded child 48,751
day-care in the child's own home, a center, type A home, 48,752
certified type B home, or type B home at the time of appointment. 48,753
Three members shall be representatives of in-home aides, type A 48,754
homes, certified type B homes, or type B homes or head start 48,755
programs. At least two members shall represent county 48,756
departments of human JOB AND FAMILY services. The remaining 48,757
members shall be representatives of the teaching, child 48,758
development, and health professions, and other individuals 48,760
1084
interested in the welfare of children. At least six members of 48,761
the council shall not be employees or licensees of a child 48,762
day-care center or type A home, or providers operating a 48,763
certified type B home or type B home, or in-home aides. 48,764
Six of the original appointments shall be for one year, six 48,766
for two years, and six for three years, and subsequent 48,767
appointments shall be for three-year terms. Vacancies shall be 48,768
filled for the unexpired terms. 48,769
The council shall advise the director on matters affecting 48,771
the licensing of centers and type A homes and the certification 48,772
of type B homes and in-home aides. The council shall make an 48,773
annual report concerning the licensing, certification, and 48,775
regulation program, the provision of publicly funded child 48,776
day-care by border state child day-care providers, and the 48,777
council's recommendations concerning the regulation program and 48,778
border state child day-care providers. Copies of the report 48,779
shall be provided to the director, governor, speaker and minority 48,780
leader of the house of representatives, and the president and 48,781
minority leader of the senate and, on request, made available to 48,782
the public.
Members of the council shall serve without compensation but 48,784
shall be reimbursed for necessary expenses. 48,785
Sec. 5104.081. The department of human JOB AND FAMILY 48,794
services shall employ at least one senior-level, full-time 48,795
employee who shall manage and oversee all child day-care 48,796
functions under the authority of the department. 48,797
Sec. 5104.09. (A)(1) No individual who has been convicted 48,806
of or pleaded guilty to a violation of section 2903.01, 2903.02, 48,807
2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 48,808
2903.22, 2903.34, 2905.01, 2905.02, 2905.04, 2905.05, 2905.11, 48,809
2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 48,810
2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 48,812
2907.321, 2907.322, 2907.323, 2909.02, 2909.03, 2909.04, 2909.05, 48,813
2911.01, 2911.02, 2911.11, 2911.12, 2917.01, 2917.02, 2917.03, 48,814
1085
2917.31, 2919.12, 2919.24, 2919.25, 2921.03, 2921.34, 2921.35, 48,815
2923.12, 2923.13, 2923.161, 2919.22, 2925.02, 2925.03, 2925.04, 48,816
2925.05, 2925.06, or 3716.11 of the Revised Code, a violation of 48,817
section 2925.11 of the Revised Code that is not a minor drug
possession offense, as defined in section 2925.01 of the Revised 48,818
Code, felonious sexual penetration in violation of former section 48,819
2907.12 of the Revised Code, or a violation of an existing or 48,820
former law or ordinance of any municipal corporation, this state, 48,821
any other state, or the United States that is substantially 48,822
equivalent to any of those violations shall be certified as an 48,823
in-home aide or be employed in any capacity in or own or operate 48,825
a child day-care center, type A family day-care home, type B 48,826
family day-care home, or certified type B family day-care home. 48,827
(2) Each employee of a child day-care center and type A 48,829
home and every person eighteen years of age or older residing in 48,830
a type A home shall sign a statement on forms prescribed by the 48,831
director of human JOB AND FAMILY services attesting to the fact 48,832
that the employee or resident person has not been convicted of or 48,834
pleaded guilty to any offense set forth in division (A)(1) of 48,835
this section and that no child has been removed from the 48,836
employee's or resident person's home pursuant to section 2151.353 48,837
of the Revised Code. Each licensee of a type A home shall sign a 48,838
statement on a form prescribed by the director attesting to the 48,839
fact that no person who resides at the type A home and who is 48,840
under the age of eighteen has been adjudicated a delinquent child 48,841
for committing a violation of any section listed in division 48,842
(A)(1) of this section. The statements shall be kept on file at 48,843
the center or type A home. 48,844
(3) Each in-home aide, each authorized provider, and every 48,846
person eighteen years of age or older residing in a certified 48,847
type B home shall sign a statement on forms prescribed by the 48,848
director of human JOB AND FAMILY services attesting that the 48,849
aide, provider, or resident person has not been convicted of or 48,851
pleaded guilty to any offense set forth in division (A)(1) of 48,852
1086
this section and that no child has been removed from the aide's, 48,853
provider's, or resident person's home pursuant to section 48,854
2151.353 of the Revised Code. Each authorized provider shall 48,855
sign a statement on a form prescribed by the director attesting 48,856
to the fact that no person who resides at the certified type B 48,857
home and who is under the age of eighteen has been adjudicated a 48,858
delinquent child for committing a violation of any section listed 48,859
in division (A)(1) of this section. The statements shall be kept 48,860
on file at the county department of human JOB AND FAMILY 48,861
services.
(4) Each administrator and licensee of a center or type A 48,863
home shall sign a statement on a form prescribed by the director 48,864
of human JOB AND FAMILY services attesting that he THE 48,865
ADMINISTRATOR OR LICENSEE has not been convicted of or pleaded 48,868
guilty to any offense set forth in division (A)(1) of this 48,869
section and that no child has been removed from the
administrator's or licensee's home pursuant to section 2151.353 48,871
of the Revised Code. The statement shall be kept on file at the 48,872
center or type A home.
(B) No in-home aide, no administrator, licensee, 48,874
authorized provider, or employee of a center, type A home, or 48,875
certified type B home, and no person eighteen years of age or 48,876
older residing in a type A home or certified type B home shall 48,878
withhold information from, or falsify information on, any 48,879
statement required pursuant to division (A)(2), (3), or (4) of 48,880
this section. 48,881
(C) No administrator, licensee, or child-care staff member 48,883
shall discriminate in the enrollment of children in a child 48,884
day-care center upon the basis of race, color, religion, sex, or 48,885
national origin. 48,886
Sec. 5104.10. No employer shall discharge, demote, 48,896
suspend, or threaten to discharge, demote, suspend, or in any 48,897
manner discriminate against any employee based solely on the 48,898
employee taking any of the following actions: 48,899
1087
(A) Making any good faith oral or written complaint to the 48,901
director of human JOB AND FAMILY services or other agency 48,902
responsible for enforcing Chapter 5104. of the Revised Code 48,903
regarding a violation of this chapter or the rules adopted 48,904
pursuant to Chapter 5104. of the Revised Code; 48,905
(B) Instituting or causing to be instituted any proceeding 48,907
against the employer under section 5104.04 of the Revised Code; 48,908
(C) Acting as a witness in any proceeding under section 48,910
5104.04 of the Revised Code; 48,911
(D) Refusing to perform work that constitutes a violation 48,913
of Chapter 5104., or the rules adopted pursuant to Chapter 5104. 48,914
of the Revised Code. 48,915
Sec. 5104.11. (A) Except as provided in division (G)(1) 48,925
of section 5104.011 of the Revised Code, after receipt of an
application for certification from a type B family day-care home, 48,926
the county director of human JOB AND FAMILY services shall 48,927
inspect. If it complies with this chapter and any applicable 48,929
rules adopted under this chapter, the county department shall 48,930
certify the type B family day-care home to provide publicly 48,932
funded child day-care pursuant to this chapter and any rules 48,933
adopted under it. The director of human JOB AND FAMILY services 48,934
or a county director of human JOB AND FAMILY services may 48,935
contract with a government entity or a private nonprofit entity 48,937
for that entity to inspect and certify type B family day-care 48,938
homes pursuant to this section. The county department of human 48,939
JOB AND FAMILY services, government entity, or nonprofit entity 48,941
shall conduct the inspection prior to the issuance of a
certificate for the type B home and, as part of that inspection, 48,942
shall ensure that the type B home is safe and sanitary. An 48,943
authorized provider of a type B family day-care home that 48,944
receives a certificate pursuant to this section to provide 48,945
publicly funded child day-care is an independent contractor and 48,946
is not an employee of the county department of human JOB AND 48,947
FAMILY services that issues the certificate. 48,948
1088
(B) Every person desiring to receive certification for a 48,950
type B family day-care home shall apply for certification to the 48,951
county director of human JOB AND FAMILY services on such forms as 48,953
the director of human JOB AND FAMILY services prescribes. The 48,954
county director shall provide at no charge to each applicant a 48,955
copy of rules for certifying type B family day-care homes adopted 48,956
pursuant to this chapter.
(C) If the county director of human JOB AND FAMILY 48,958
services determines that the type B family day-care home complies 48,960
with this chapter and any rules adopted under it, the county 48,961
director shall issue to the provider a certificate to provide 48,963
publicly funded child day-care for twelve months. The county 48,964
director may revoke the certificate after determining that 48,965
revocation is necessary. The authorized provider shall post the 48,967
certificate in a conspicuous place in the certified type B home 48,968
that is accessible to parents, custodians, or guardians at all 48,969
times. The certificate shall state the name and address of the 48,970
authorized provider, the maximum number of children who may be 48,971
cared for at any one time in the certified type B home, the 48,972
expiration date of the certification, and the name and telephone 48,973
number of the county director who issued the certificate. 48,974
(D) The county director shall inspect every certified type 48,976
B family day-care home at least twice within each twelve-month 48,977
period of the operation of the certified type B home. A minimum 48,978
of one inspection shall be unannounced and all inspections may be 48,979
unannounced. Upon receipt of a complaint, the county director 48,980
shall investigate and may inspect the certified type B home. The 48,981
authorized provider shall permit the county director to inspect 48,982
any part of the certified type B home. The county director shall 48,983
prepare a written inspection report and furnish one copy to the 48,984
authorized provider within a reasonable time after the 48,985
inspection. 48,986
(E) The county director of human JOB AND FAMILY services, 48,988
in accordance with rules adopted pursuant to section 5104.052 of 48,990
1089
the Revised Code regarding fire safety and fire prevention, shall 48,991
inspect each type B home that applies to be certified that is 48,992
providing or is to provide publicly funded child day-care. 48,993
(F) All materials that are supplied by the department of 48,995
human JOB AND FAMILY services to type A family day-care home 48,996
providers, type B family day-care home providers, in-home aides, 48,997
persons who desire to be type A family day-care home providers, 48,998
type B family day-care home providers, or in-home aides, and 48,999
caretaker parents shall be written at no higher than the sixth 49,000
grade reading level. The department may employ a readability 49,001
expert to verify its compliance with this division. 49,002
Sec. 5104.12. (A) The county director of human JOB AND 49,011
FAMILY services may certify in-home aides to provide publicly 49,012
funded child day-care pursuant to this chapter and any rules 49,013
adopted under it. Any in-home aide who receives a certificate 49,014
pursuant to this section to provide publicly funded child 49,015
day-care is an independent contractor and is not an employee of 49,016
the county department of human JOB AND FAMILY services that 49,017
issues the certificate.
(B) Every person desiring to receive certification as an 49,019
in-home aide shall apply for certification to the county director 49,020
of human JOB AND FAMILY services on such forms as the director of 49,021
human JOB AND FAMILY services prescribes. The county director 49,022
shall provide at no charge to each applicant a copy of rules for 49,024
certifying in-home aides adopted pursuant to this chapter. 49,025
(C) If the county director of human JOB AND FAMILY 49,027
services determines that public funds are available and that the 49,028
person complies with this chapter and any rules adopted under it, 49,029
he THE COUNTY DIRECTOR shall certify the person as an in-home 49,031
aide and issue the person a certificate to provide publicly 49,032
funded child day-care for twelve months. The county director may 49,033
revoke the certificate when he determines AFTER DETERMINING that 49,035
revocation is necessary. The county director shall furnish a 49,036
copy of the certificate to the parent, custodian, or guardian.
1090
The certificate shall state the name and address of the in-home 49,037
aide, the expiration date of the certification, and the name and 49,038
telephone number of the county director who issued the 49,039
certificate. 49,040
(D) The county director of human JOB AND FAMILY services 49,042
shall inspect every home of a child who is receiving publicly 49,043
funded child day-care in the child's own home while the in-home 49,044
aide is providing the services. Inspections may be unannounced. 49,045
Upon receipt of a complaint, the county director shall 49,046
investigate the in-home aide and shall investigate and may 49,047
inspect the home of a child who is receiving publicly funded 49,048
child day-care in the child's own home. The caretaker parent 49,049
shall permit the county director to inspect any part of the 49,050
child's home. The county director shall prepare a written 49,051
inspection report and furnish one copy each to the in-home aide 49,052
and the caretaker parent within a reasonable time after the 49,053
inspection.
Sec. 5104.13. No later than July 1, 1998, and at 49,062
reasonable intervals thereafter, the department of human JOB AND 49,063
FAMILY services shall publish a guide describing state statutes 49,065
and rules governing the certification of type B family day-care 49,066
homes. The department shall distribute the guide to county 49,067
departments of human JOB AND FAMILY services in sufficient number 49,068
that a copy is available to each type B home provider. 49,069
Sec. 5104.21. (A) The department of human JOB AND FAMILY 49,078
services shall register child day camps and enforce this section 49,080
and section 5104.22 of the Revised Code and the rules adopted 49,081
pursuant to those sections. No person, firm, organization, 49,082
institution, or agency shall operate a child day camp without 49,083
annually registering with the department. 49,084
(B) A person, firm, institution, organization, or agency 49,086
operating any of the following programs is exempt from the 49,087
provisions of this section and section 5104.22 of the Revised 49,088
Code: 49,089
1091
(1) A child day camp that operates for two or less 49,091
consecutive weeks and for no more than a total of two weeks 49,092
during each calendar year; 49,093
(2) Supervised training, instruction, or activities of 49,095
children that is conducted on an organized or periodic basis no 49,096
more than one day a week and for no more than six hours' duration 49,097
and that is conducted in specific areas, including, but not 49,098
limited to, art; drama; dance; music; gymnastics, swimming, or 49,099
another athletic skill or sport; computers; or an educational 49,100
subject; 49,101
(3) Programs in which the department determines that at 49,103
least one parent, custodian, or guardian of each child attending 49,104
or participating in the child day camp is on the child day camp 49,105
activity site and is readily accessible at all times, except that 49,106
a child day camp on the premises of a parent's, custodian's, or 49,107
guardian's place of employment shall be registered in accordance 49,108
with division (A) of this section; 49,109
(4) Child day camps funded and regulated or operated and 49,111
regulated by any state department, other than the department of 49,112
human JOB AND FAMILY services, when the department of human JOB
AND FAMILY services has determined that the rules governing the 49,113
child day camp are equivalent to or exceed the rules adopted 49,114
pursuant to this section and section 5104.22 of the Revised Code. 49,115
(C) A person, firm, organization, institution, or agency 49,117
operating a child day camp that is exempt under division (B) of 49,118
this section from registering under division (A) of this section 49,119
may elect to register itself under division (A) of this section. 49,120
All requirements of this section and the rules adopted pursuant 49,121
to this section shall apply to any exempt child day camp that so 49,122
elects to register. 49,123
(D) The department DIRECTOR OF JOB AND FAMILY SERVICES 49,126
shall adopt pursuant to Chapter 119. of the Revised Code rules 49,127
prescribing the registration form and establishing the procedure 49,128
for the child day camps to register. The form shall not be longer 49,129
1092
than one typewritten page and shall state both of the following: 49,130
(1) That the child day camp administrator or his THE 49,132
ADMINISTRATOR'S representative agrees to provide the parents of 49,134
each school child who attends or participates in that child day 49,135
camp with the telephone number of the county department of health 49,136
and the public children services agency of the county in which 49,137
the child day camp is located; 49,138
(2) That the child day camp administrator or his THE 49,140
ADMINISTRATOR'S representative agrees to permit a public children 49,142
services agency or the county department of health to review or 49,143
inspect the child day camp if a complaint is made to that 49,144
department or any other state department or public children 49,145
services agency against that child day camp. 49,146
(E) The department may charge a fee to register a child 49,148
day camp. The fee for each child day camp shall be twenty-five 49,149
dollars. No organization that operates, or owner of, child day 49,150
camps shall pay a fee that exceeds two hundred fifty dollars for 49,151
all of its child day camps. 49,152
(F) If a child day camp that is required to register under 49,154
this section fails to register with the department in accordance 49,155
with this section or the rules adopted pursuant to it or if a 49,156
child day camp that files a registration form under this section 49,157
knowingly provides false or misleading information on the 49,158
registration form, the department shall require the child day 49,159
camp to register or register correctly and to pay a registration 49,160
fee that equals three times the registration fee as set forth in 49,161
division (E) of this section. 49,162
(G) A child day camp administrator or his THE 49,164
ADMINISTRATOR'S representative shall provide the parents of each 49,166
school child who attends or participates in that child day camp 49,167
with the telephone numbers of the county department of health and 49,168
the county public children services agency of the county in which 49,169
the child day camp is located and a statement that the parents 49,170
may use these telephone numbers to contact or otherwise contact 49,171
1093
the departments or agency to make a complaint regarding the child 49,172
day camp.
Sec. 5104.22. (A) The department DIRECTOR of human JOB 49,182
AND FAMILY services, no later than September 1, 1993, and 49,183
pursuant to Chapter 119. of the Revised Code, shall adopt rules 49,184
establishing a procedure and standards for the approval of child 49,185
day camps that will enable an approved child day camp to receive 49,186
public moneys pursuant to sections 5104.30 to 5104.39 of the 49,187
Revised Code. The procedure and standards shall be similar and 49,188
comparable to the procedure and standards for accrediting child 49,189
day camps used by the American camping association. The 49,190
department OF JOB AND FAMILY SERVICES may charge a reasonable fee 49,192
to inspect a child day camp to determine whether that child day 49,193
camp meets the standards set forth in this section or in the 49,194
rules adopted under this section. The department shall approve 49,195
any child day camp that the department inspects and approves, 49,196
that the American camping association inspects and accredits, or 49,197
that is inspected and accredited by any nationally recognized 49,198
organization that accredits child day camps by using standards 49,199
that the department of human services has determined are 49,200
substantially similar and comparable to those of the American
camping association. The department shall approve a child day 49,201
camp for no longer than two years and shall inspect an approved 49,202
child day camp no less than biennially. 49,203
(B) An approved child day camp shall comply with this 49,205
section and section 5104.21 of the Revised Code and the rules 49,206
adopted pursuant to those sections. If an approved child day 49,207
camp is not in substantial compliance with those sections or 49,208
rules at any time, the department shall terminate the child day 49,209
camp's approval until the child day camp complies with those 49,210
sections and rules or for a period of two years, whichever period 49,211
is longer. 49,212
Sec. 5104.30. (A) The department of human JOB AND FAMILY 49,221
services is hereby designated as the state agency responsible for 49,222
1094
administration and coordination of federal and state funding for 49,223
publicly funded child day-care in this state. Publicly funded 49,224
child day-care shall be provided to the following: 49,225
(1) Recipients of transitional child day-care as provided 49,227
under section 5104.34 of the Revised Code; 49,228
(2) Participants in the Ohio works first program 49,231
established under Chapter 5107. of the Revised Code;
(3) Individuals who would be participating in the Ohio 49,233
works first program if not for a sanction under section 5107.16 49,234
of the Revised Code and who continue to participate in a work 49,235
activity, developmental activity, or alternative work activity 49,236
pursuant to an assignment under section 5107.42 of the Revised 49,237
Code;
(4) A family receiving publicly funded child day-care on 49,239
October 1, 1997, until the family's income reaches one hundred 49,241
fifty per cent of the federal poverty line;
(5) Subject to available funds, other individuals 49,243
determined eligible in accordance with rules adopted under 49,245
section 5104.38 of the Revised Code.
The department shall apply to the United States department 49,248
of health and human services for authority to operate a 49,249
coordinated program for publicly funded child day-care, if the 49,250
director of human JOB AND FAMILY services determines that the 49,251
application is necessary. For purposes of this section, the 49,253
department of human JOB AND FAMILY services may enter into 49,254
agreements with other state agencies that are involved in
regulation or funding of child day-care. The department shall 49,255
consider the special needs of migrant workers when it administers 49,256
and coordinates publicly funded child day-care and shall develop 49,257
appropriate procedures for accommodating the needs of migrant 49,258
workers for publicly funded child day-care. 49,259
(B) The department of human JOB AND FAMILY services shall 49,261
distribute state and federal funds for publicly funded child 49,262
day-care, including appropriations of state funds for publicly 49,263
1095
funded child day-care and appropriations of federal funds for 49,264
publicly funded child day-care under Title XX of the "Social 49,265
Security Act," 88 Stat. 2337 (1974), 42 U.S.C.A. 1397, as 49,266
amended, and the child care block grant act. The department may 49,268
use any state funds appropriated for publicly funded child 49,269
day-care as the state share required to match any federal funds 49,270
appropriated for publicly funded child day-care.
(C) The department may use federal funds available under 49,272
the child care block grant act to hire staff to prepare any rules 49,273
required under this chapter and to administer and coordinate 49,274
federal and state funding for publicly funded child day-care. 49,275
Not more than five per cent of the aggregate amount of 49,278
those federal funds received for a fiscal year may be expended 49,279
for administrative costs. The department shall allocate and use
at least four per cent of the federal funds for the following: 49,280
(1) Activities designed to provide comprehensive consumer 49,282
education to parents and the public; 49,283
(2) Activities that increase parental choice; 49,285
(3) Activities, including child day-care resource and 49,287
referral services, designed to improve the quality, and increase 49,288
the supply, of child day-care.
(D) The department shall ensure that any federal funds 49,290
received by the state under the child care block grant act will 49,291
be used only to supplement, and will not be used to supplant, 49,292
federal, state, and local funds available on the effective date 49,293
of that act for publicly funded child day-care and related 49,294
programs. A county department of human JOB AND FAMILY services 49,295
may purchase child day-care from funds obtained through any other 49,296
means.
(E) The department shall encourage the development of 49,298
suitable child day-care throughout the state, especially in areas 49,299
with high concentrations of recipients of public assistance and 49,300
families with low incomes. The department shall encourage the 49,302
development of suitable child day-care designed to accommodate 49,303
1096
the special needs of migrant workers. On request, the 49,304
department, through its employees or contracts with state or
community child day-care resource and referral service 49,305
organizations, shall provide consultation to groups and 49,306
individuals interested in developing child day-care. The 49,307
department of human JOB AND FAMILY services may enter into 49,308
interagency agreements with the department of education, the 49,310
board of regents, the department of development, and other state 49,311
agencies and entities whenever the cooperative efforts of the 49,312
other state agencies and entities are necessary for the 49,313
department of human JOB AND FAMILY services to fulfill its duties 49,314
and responsibilities under this chapter. 49,316
The department may develop and maintain a registry of 49,318
persons providing child day-care and. THE DIRECTOR may adopt 49,319
rules pursuant to Chapter 119. of the Revised Code establishing 49,321
procedures and requirements for its THE REGISTRY'S 49,322
administration.
(F) The department DIRECTOR shall adopt rules in 49,324
accordance with Chapter 119. of the Revised Code establishing a 49,325
procedure for determining rates of reimbursement and a procedure 49,326
for paying providers of publicly funded child day-care. In 49,327
establishing rates of reimbursement pursuant to this division, 49,328
the department DIRECTOR shall use the information obtained under 49,330
division (B)(3) of section 5104.04 of the Revised Code and may
establish different rates of reimbursement based on the 49,331
geographic location of the provider, type of care provided, age 49,332
of the child served, special needs of the child, whether expanded 49,333
hours of service are provided, whether weekend service is 49,334
provided, whether the provider has exceeded the minimum 49,335
requirements of state statutes and rules governing child
day-care, and any other factors the department DIRECTOR considers 49,336
appropriate. The department DIRECTOR shall establish an enhanced 49,338
rate of reimbursement for providers who provide child day-care 49,339
for caretaker parents who work nontraditional hours. For a type 49,340
1097
B family day-care home that has received limited certification 49,341
pursuant to rules adopted under division (G)(1) of section 49,342
5104.011 of the Revised Code, the department shall adopt rules 49,343
establishing a reimbursement rate that is the greater of the rate 49,344
that was in effect for the home on October 1, 1997, or 49,345
seventy-five per cent of the reimbursement rate that applies to a 49,346
type B family day-care home certified by the same county 49,347
department of human JOB AND FAMILY services pursuant to section 49,348
5104.11 of the Revised Code. 49,349
Sec. 5104.301. A county department of human JOB AND FAMILY 49,358
services may establish a program to encourage the organization of 49,359
parent cooperative child day-care centers and parent cooperative 49,360
type A family day-care homes for recipients of publicly funded 49,362
child day-care. A program established under this section may 49,363
include any of the following: 49,364
(A) Recruitment of parents interested in organizing a 49,367
parent cooperative child day-care center or parent cooperative 49,368
type A family day-care home; 49,369
(B) Provision of technical assistance in organizing a 49,372
parent cooperative child day-care center or parent cooperative 49,373
type A family day-care home; 49,374
(C) Assistance in the developing, conducting, and 49,377
disseminating training for parents interested in organizing a 49,378
parent cooperative child day-care center or parent cooperative 49,379
type A family day-care home. 49,380
A county department that implements a program under this 49,382
section shall receive from funds available under the child care 49,383
block grant act a five thousand dollar incentive payment for each 49,385
parent cooperative child day-care center or parent cooperative 49,386
type A family day-care home organized pursuant to this section. 49,388
Parents of children enrolled in a parent cooperative child 49,390
day-care center or parent cooperative type A family day-care home 49,392
pursuant to this section shall be required to work in the center 49,393
or home a minimum of four hours per week. 49,394
1098
The department DIRECTOR of human JOB AND FAMILY services 49,397
shall adopt rules governing the establishment and operation of 49,398
programs under this section. 49,399
Sec. 5104.31. Publicly funded child day-care may be 49,408
provided only by the following: 49,409
(A) A child day-care center or type A family day-care 49,412
home, including a parent cooperative child day-care center or 49,413
parent cooperative type A family day-care home, licensed by the 49,414
department of human JOB AND FAMILY services pursuant to section 49,416
5104.03 of the Revised Code; 49,417
(B) A type B family day-care home certified by the county 49,419
department of human JOB AND FAMILY services pursuant to section 49,421
5104.11 of the Revised Code;
(C) A type B family day-care home that has received a 49,424
limited certification pursuant to rules adopted under division 49,425
(G)(1) of section 5104.011 of the Revised Code;
(D) An in-home aide who has been certified by the county 49,427
department of human JOB AND FAMILY services pursuant to section 49,428
5104.12 of the Revised Code; 49,429
(E) A child day camp approved pursuant to section 5104.22 49,432
of the Revised Code; 49,433
(F) A licensed preschool program; 49,435
(G) A licensed school child program; 49,438
(H) A border state child day-care provider, except that a 49,440
border state child day-care provider may provide publicly funded 49,441
child day-care only to an individual who resides in an Ohio 49,442
county that borders the state in which the provider is located. 49,443
Sec. 5104.32. (A) Except as provided in division (C) of 49,453
this section, all purchases of publicly funded child day-care 49,454
shall be made under a contract entered into by a licensed child 49,455
day-care center, licensed type A family day-care home, certified 49,456
type B family day-care home, certified in-home aide, approved 49,457
child day camp, licensed preschool program, licensed school child 49,458
program, or border state child day-care provider and the county 49,459
1099
department of human JOB AND FAMILY services. A county department 49,460
of human JOB AND FAMILY services may enter into a contract with a 49,462
provider for publicly funded child day-care for a specified 49,463
period of time or upon a continuous basis for an unspecified 49,464
period of time. All contracts for publicly funded child day-care 49,465
shall be contingent upon the availability of state and federal 49,466
funds. The department of human JOB AND FAMILY services shall 49,467
prescribe a standard form to be used for all contracts for the
purchase of publicly funded child day-care, regardless of the 49,468
source of public funds used to purchase the child day-care. To 49,469
the extent permitted by federal law and notwithstanding any other 49,470
provision of the Revised Code that regulates state or county 49,471
contracts or contracts involving the expenditure of state, 49,472
county, or federal funds, all contracts for publicly funded child 49,473
day-care shall be entered into in accordance with the provisions 49,474
of this chapter and are exempt from any other provision of the 49,475
Revised Code that regulates state or county contracts or 49,476
contracts involving the expenditure of state, county, or federal 49,477
funds. 49,478
(B) Each contract for publicly funded child day-care shall 49,480
specify at least the following: 49,481
(1) Except as provided in division (B)(2) of this section, 49,484
that the provider of publicly funded child day-care agrees to be 49,485
paid for rendering services at the lower of the rate customarily 49,486
charged by the provider for children enrolled for child day-care 49,487
or the rate of reimbursement established pursuant to section 49,488
5104.30 of the Revised Code;
(2) If the provider provides publicly funded child 49,490
day-care to caretaker parents who work nontraditional hours, that 49,491
the provider is to be paid for rendering services to those 49,492
caretaker parents at the rate of reimbursement established 49,493
pursuant to section 5104.30 of the Revised Code regardless of 49,495
whether that rate is higher than the rate the provider 49,496
customarily charges for children enrolled for child day-care; 49,497
1100
(3) That, if a provider provides child day-care to an 49,499
individual potentially eligible for publicly funded child 49,500
day-care who is subsequently determined to be eligible, the 49,501
county department agrees to pay for all child day-care provided 49,502
between the date the county department receives the individual's 49,503
completed application and the date the individual's eligibility 49,504
is determined; 49,505
(4) Whether the county department of human JOB AND FAMILY 49,507
services, the provider, or a child day-care resource and referral 49,508
service organization will make eligibility determinations, 49,509
whether the provider or a child day-care resource and referral 49,510
service organization will be required to collect information to 49,511
be used by the county department to make eligibility 49,512
determinations, and the time period within which the provider or 49,513
child day-care resource and referral service organization is 49,514
required to complete required eligibility determinations or to 49,515
transmit to the county department any information collected for 49,516
the purpose of making eligibility determinations; 49,517
(5) That the provider, other than a border state child 49,519
day-care provider, shall continue to be licensed, approved, or 49,521
certified pursuant to this chapter or sections 3301.52 to 3301.59 49,522
of the Revised Code and shall comply with all standards and other 49,523
requirements in this chapter and those sections and in rules 49,524
adopted pursuant to this chapter or those sections for 49,525
maintaining the provider's license, approval, or certification; 49,526
(6) That, in the case of a border state child day-care 49,528
provider, the provider shall continue to be licensed, certified, 49,529
or otherwise approved by the state in which the provider is 49,531
located and shall comply with all standards and other 49,532
requirements established by that state for maintaining the
provider's license, certificate, or other approval; 49,533
(7) Whether the provider will be paid by the county 49,535
department of human JOB AND FAMILY services or the state 49,536
department of human JOB AND FAMILY services; 49,537
1101
(8) That the contract is subject to the availability of 49,539
state and federal funds; 49,540
(8)(9) That, for each six-month period the provider 49,542
provides publicly funded child day-care to a child, the provider 49,544
will be paid for up to ten days, or, at the option of the county 49,545
department, a greater number of days, the provider would have 49,546
provided the child publicly funded child day-care had the child
been present. 49,547
(C) Unless specifically prohibited by federal law, the 49,549
county department of human JOB AND FAMILY services shall give 49,550
individuals eligible for publicly funded child day-care the 49,552
option of obtaining certificates for payment that the individual 49,553
may use to purchase services from any provider qualified to 49,554
provide publicly funded child day-care under section 5104.31 of 49,555
the Revised Code. Providers of publicly funded child day-care 49,557
may present these certificates for payment for reimbursement in 49,558
accordance with rules that the department DIRECTOR of human JOB 49,559
AND FAMILY services shall adopt. Only providers may receive 49,561
reimbursement for certificates for payment. The value of the 49,563
certificate for payment shall be based on the lower of the rate 49,564
customarily charged by the provider or the rate of reimbursement 49,565
established pursuant to section 5104.30 of the Revised Code, 49,566
unless the provider provides publicly funded child day-care to 49,567
caretaker parents who work nontraditional hours, in which case 49,568
the value of the certificate for payment for the services to 49,569
those caretaker parents shall be based on the rate of 49,570
reimbursement established pursuant to that section regardless of 49,571
whether that rate is higher than the rate customarily charged by 49,572
the provider. The county department may provide the certificates 49,574
for payment to the individuals or may contract with child 49,575
day-care providers or child day-care resource and referral
service organizations that make determinations of eligibility for 49,576
publicly funded child day-care pursuant to contracts entered into 49,577
under section 5104.34 of the Revised Code for the providers or 49,578
1102
resource and referral service organizations to provide the 49,579
certificates for payment to individuals whom they determine are 49,580
eligible for publicly funded child day-care. 49,581
For each six-month period a provider of publicly funded 49,583
child day-care provides publicly funded child day-care to the 49,584
child of an individual given certificates of payment, the 49,585
individual shall provide the provider certificates for days the 49,586
provider would have provided publicly funded child day-care to 49,587
the child had the child been present. County departments shall 49,588
specify the maximum number of days providers will be provided 49,589
certificates of payment for days the provider would have provided 49,590
publicly funded child day-care had the child been present. The
maximum number of days shall be at least ten. 49,591
Sec. 5104.33. (A) The department of human JOB AND FAMILY 49,600
services shall prescribe an application form for use in making 49,602
eligibility determinations for publicly funded child day-care. 49,603
The form shall be as brief and simple as practicable. 49,604
(B) In administering the process of applying for publicly 49,606
funded child day-care, the county department of human JOB AND 49,607
FAMILY services shall implement policies designed to ensure that 49,608
the application process is as accessible to the public as 49,610
possible. These policies shall include making the application 49,611
forms available at appropriate locations selected by the county 49,612
department and making arrangements that enable applicants to 49,613
complete the application process at times outside their normal 49,614
working hours, and at locations, convenient for them. The 49,615
arrangements may include stationing certain of their employees at 49,616
various sites in the county for the purpose of assisting 49,617
applicants in completing the application process and of making 49,618
eligibility determinations at those locations. The arrangements 49,619
may also include providing training and technical assistance to 49,620
appropriate entities that qualify them to provide assistance in 49,621
completing the application process and, to the extent permitted 49,622
by federal law, to make eligibility determinations. 49,623
1103
Each county department of human JOB AND FAMILY services 49,625
shall submit to the state department of human JOB AND FAMILY 49,626
services for approval its plan for ensuring that the application 49,628
process is as accessible to the public as possible and complies 49,629
with this division. The county department shall make any changes 49,630
to its plan that the state department determines are necessary 49,631
for compliance with this division and with any state standards 49,632
adopted for the administration of this division. 49,633
Sec. 5104.34. (A)(1) Each county department of human JOB 49,642
AND FAMILY services shall implement procedures for making 49,643
determinations of eligibility for publicly funded child day-care. 49,644
Under those procedures, the eligibility determination for each 49,645
applicant shall be made no later than thirty calendar days from 49,646
the date the county department receives a completed application 49,647
for publicly funded child day-care. Each applicant shall be 49,648
notified promptly of the results of the eligibility 49,649
determination. An applicant aggrieved by a decision or delay in 49,650
making an eligibility determination may appeal the decision or 49,651
delay to the department of human JOB AND FAMILY services in 49,652
accordance with section 5101.35 of the Revised Code. The due 49,653
process rights of applicants shall be protected. 49,655
To the extent permitted by federal law, the county 49,657
department may make all determinations of eligibility for 49,658
publicly funded child day-care, may contract with child day-care 49,659
providers or child day-care resource and referral service 49,660
organizations for the providers or resource and referral service 49,661
organizations to make all or any part of the determinations, and 49,662
may contract with child day-care providers or child day-care 49,663
resource and referral service organizations for the providers or 49,664
resource and referral service organizations to collect specified 49,665
information for use by the county department in making 49,666
determinations. If a county department contracts with a child 49,667
day-care provider or a child day-care resource and referral 49,668
service organization for eligibility determinations or for the 49,669
1104
collection of information, the contract shall require the 49,670
provider or resource and referral service organization to make 49,671
each eligibility determination no later than thirty calendar days 49,672
from the date the provider or resource and referral organization 49,673
receives a completed application that is the basis of the 49,674
determination and to collect and transmit all necessary 49,675
information to the county department within a period of time that 49,676
enables the county department to make each eligibility 49,677
determination no later than thirty days after the filing of the 49,678
application that is the basis of the determination. 49,679
The county department may station employees of the 49,681
department in various locations throughout the county to collect 49,682
information relevant to applications for publicly funded child 49,683
day-care and to make eligibility determinations. The county 49,684
department, child day-care provider, and child day-care resource 49,685
and referral service organization shall make each determination 49,686
of eligibility for publicly funded child day-care no later than 49,687
thirty days after the filing of the application that is the basis 49,688
of the determination, shall make each determination in accordance 49,689
with any relevant rules adopted pursuant to section 5104.38 of 49,690
the Revised Code, and shall notify promptly each applicant for 49,691
publicly funded child day-care of the results of the 49,692
determination of the applicant's eligibility. 49,693
On or before October 1, 1991, the department THE DIRECTOR 49,695
of human JOB AND FAMILY services shall adopt rules in accordance 49,696
with Chapter 119. of the Revised Code for monitoring the 49,698
eligibility determination process. In accordance with those 49,699
rules, the state department shall monitor eligibility 49,700
determinations made by county departments of human JOB AND FAMILY 49,701
services and shall direct any entity that is not in compliance 49,703
with this division or any rule adopted under this division to 49,704
implement corrective action specified by the department. 49,705
(2) All eligibility determinations for publicly funded 49,708
child day-care shall be made in accordance with rules adopted by 49,709
1105
the department of human services pursuant to division (A) of 49,710
section 5104.38 of the Revised Code and, if a county department 49,712
of human JOB AND FAMILY services specifies, pursuant to rules 49,713
adopted under division (B) of that section, a maximum amount of 49,715
income a family may have to be eligible for publicly funded child 49,716
day-care, the income maximum specified by the county department. 49,717
Publicly funded child day-care may be provided only to eligible 49,718
infants, toddlers, preschool children, and school children under 49,719
age thirteen. For an applicant to be eligible for publicly 49,720
funded child day-care, the caretaker parent must be employed or 49,721
participating in a program of education or training for an amount 49,722
of time reasonably related to the time that the parent's children 49,723
are receiving publicly funded child day-care. This restriction 49,724
does not apply to families whose children are eligible for
protective or special needs day-care. 49,725
Subject to available funds, a county department of human 49,727
JOB AND FAMILY services shall allow a family to receive publicly 49,729
funded child day-care unless the family's income exceeds the 49,731
maximum income eligibility limit. Initial and continued 49,733
eligibility for publicly funded child day-care is subject to 49,734
available funds unless the family is receiving child day-care 49,735
pursuant to division (A)(1), (2), (3), or (4) of section 5104.30 49,736
of the Revised Code. If the COUNTY department must limit 49,738
eligibility due to lack of available funds, it shall give first 49,739
priority for publicly funded child day-care to an assistance 49,740
group whose income is not more than the maximum income 49,741
eligibility limit that received transitional child day-care in 49,743
the previous month but is no longer eligible because the
twelve-month period has expired. Such an assistance group shall 49,744
continue to receive priority for publicly funded child day-care 49,745
until its income exceeds the maximum income eligibility limit. 49,747
(3) An assistance group that ceases to participate in the 49,749
Ohio works first program established under Chapter 5107. of the 49,751
Revised Code is eligible for transitional child day-care at any 49,753
1106
time during the immediately following twelve-month period that 49,754
both of the following apply:
(a) The assistance group requires child day-care due to 49,756
employment; 49,757
(b) The assistance group's income is not more than one 49,759
hundred fifty per cent of the federal poverty line. 49,760
An assistance group ineligible to participate in the Ohio 49,762
works first program pursuant to section 5101.83 or section 49,763
5107.16 of the Revised Code is not eligible for transitional 49,766
child day-care. 49,767
(B) To the extent permitted by federal law, a county 49,769
department of human JOB AND FAMILY services may require a 49,770
caretaker parent determined to be eligible for publicly funded 49,772
child day-care to pay a fee according to the schedule of fees 49,773
established in rules adopted under section 5104.38 of the Revised 49,774
Code. Each county department shall make protective day-care 49,775
services available to children without regard to the income or 49,776
assets of the caretaker parent of the child. 49,777
(C) A caretaker parent receiving publicly funded child 49,779
day-care shall report to the entity that determined eligibility 49,781
any changes in status with respect to employment or participation 49,782
in a program of education or training.
(D) If a county department of human JOB AND FAMILY 49,784
services determines that available resources are not sufficient 49,785
to provide publicly funded child day-care to all eligible 49,786
families who request it, the county department may establish a 49,788
waiting list. A county department may establish separate waiting
lists within the waiting list based on income. When resources 49,789
become available to provide publicly funded child day-care to 49,791
families on the waiting list, a county department that 49,792
establishes a waiting list shall assess the needs of the next 49,793
family scheduled to receive publicly funded child day-care. If 49,794
the assessment demonstrates that the family continues to need and 49,795
is eligible for publicly funded child day-care, the county 49,796
1107
department shall offer it to the family. If the county
department determines that the family is no longer eligible or no 49,797
longer needs publicly funded child day-care, the county 49,798
department shall remove the family from the waiting list. 49,799
(E) As used in this section, "maximum income eligibility 49,802
limit" means the amount of income specified in rules adopted 49,803
under division (A) of section 5104.38 of the Revised Code or, if 49,804
a county department of human JOB AND FAMILY services specifies a 49,805
higher amount pursuant to rules adopted under division (B) of 49,806
that section, the amount the county department specifies. 49,807
Sec. 5104.341. (A) Except as provided in division (B) of 49,817
this section, both of the following apply:
(1) An eligibility determination made under section 49,819
5104.34 of the Revised Code for publicly funded child day-care is 49,820
valid for one year; 49,821
(2) A fee charged under division (B) of section 5104.34 of 49,823
the Revised Code shall not be changed during the one-year period, 49,825
unless a caretaker parent requests that the fee be reduced due to 49,826
changes in income, family size, or both and the county department 49,827
of human JOB AND FAMILY services approves the reduction. 49,828
(B) Division (A) of this section does not apply in either 49,831
of the following circumstances: 49,832
(1) The publicly funded child day-care is provided under 49,834
division (B)(4) of section 5104.35 of the Revised Code; 49,835
(2) The recipient of the publicly funded child day-care 49,837
ceases to be eligible for publicly funded child day-care. 49,838
Sec. 5104.35. (A) The county department of human JOB AND 49,847
FAMILY services shall do all of the following: 49,848
(1) Accept any gift, grant, or other funds from either 49,850
public or private sources offered unconditionally or under 49,851
conditions which are, in the judgment of the department, proper 49,852
and consistent with this chapter and deposit the funds in the 49,853
county public assistance fund established by section 5101.161 of 49,854
the Revised Code; 49,855
1108
(2) Recruit individuals and groups interested in 49,857
certification as in-home aides or in developing and operating 49,858
suitable licensed child day-care centers, type A family day-care 49,859
homes, or certified type B family day-care homes, especially in 49,860
areas with high concentrations of recipients of public 49,861
assistance, and for that purpose provide consultation to 49,862
interested individuals and groups on request; 49,863
(3) Inform clients of the availability of child day-care 49,865
services; 49,866
(4) Pay to a child day-care center, type A family day-care 49,868
home, certified type B family day-care home, in-home aide, 49,869
approved child day camp, licensed preschool program, licensed 49,870
school child program, or border state child day-care provider for 49,872
child day-care services, the amount provided for in division (B) 49,873
of section 5104.32 of the Revised Code. If part of the cost of 49,874
care of a child is paid by the child's parent or any other 49,875
person, the amount paid shall be subtracted from the amount the 49,876
county department pays. 49,878
(5) In accordance with rules adopted pursuant to section 49,880
5104.39 of the Revised Code, provide monthly reports to the 49,881
director of human JOB AND FAMILY services and the director of 49,882
budget and management regarding expenditures for the purchase of 49,884
publicly funded child day-care. 49,885
(B) The county department of human JOB AND FAMILY services 49,887
may do any of the following: 49,888
(1) To the extent permitted by federal law, use public 49,890
child day-care funds to extend the hours of operation of the 49,891
county department to accommodate the needs of working caretaker 49,892
parents and enable those parents to apply for publicly funded 49,893
child day-care; 49,894
(2) In accordance with rules adopted by the state 49,896
department DIRECTOR of human JOB AND FAMILY services, request a 49,898
waiver of the maximum rate of assistance that is established by 49,899
the state department of human services pursuant to section 49,900
1109
5104.30 of the Revised Code for the purpose of paying a higher 49,901
rate for publicly funded child day-care based upon the special 49,902
needs of a child, the special circumstances of a family, or 49,903
unique child day-care market conditions; 49,904
(3) To the extent permitted by federal law, use state and 49,906
federal funds to pay deposits and other advance payments that a 49,907
provider of child day-care customarily charges all children who 49,908
receive child day-care from that provider; 49,909
(4) To the extent permitted by federal law, pay for up to 49,911
thirty days of child day-care for a child whose caretaker parent 49,912
is seeking employment, taking part in employment orientation 49,913
activities, or taking part in activities in anticipation of 49,914
enrollment or attendance in an education or training program or 49,915
activity, if the employment or education or training program or 49,916
activity is expected to begin within the thirty-day period. 49,917
Sec. 5104.36. The licensee or administrator of a child 49,926
day-care center or type A family day-care home, the authorized 49,927
provider of a certified type B family day-care home, an in-home 49,929
aide providing child day-care services, the director or 49,930
administrator of an approved child day camp, and a border state 49,931
child day-care provider shall keep a record for each eligible 49,933
child, to be made available to the county department of human JOB 49,934
AND FAMILY services or the department of human JOB AND FAMILY 49,935
services on request. The record shall include all of the 49,936
following:
(A) The name and date of birth of the child; 49,938
(B) The name and address of the child's caretaker parent; 49,940
(C) The name and address of the caretaker parent's place 49,942
of employment or program of education or training; 49,943
(D) The hours for which child day-care services have been 49,945
provided for the child; 49,946
(E) Any other information required by the county 49,948
department of human JOB AND FAMILY services or the state 49,949
department of human JOB AND FAMILY services. 49,951
1110
Sec. 5104.37. The department of human JOB AND FAMILY 49,960
services and a county department of human JOB AND FAMILY services 49,961
may withhold any money due, and recover through any appropriate 49,963
method any money erroneously paid, under this chapter if evidence 49,964
exists of less than full compliance with this chapter and any 49,965
rules adopted under it. 49,966
Sec. 5104.38. In addition to any other rules adopted under 49,975
this chapter, the department DIRECTOR of human JOB AND FAMILY 49,977
services shall adopt rules in accordance with Chapter 119. of the 49,978
Revised Code governing financial and administrative requirements 49,979
for publicly funded child day-care and establishing all of the 49,980
following:
(A) Procedures and criteria to be used in making 49,982
determinations of eligibility for publicly funded child day-care 49,983
that give priority to children of families with lower incomes and 49,985
procedures and criteria for eligibility for publicly funded 49,986
protective day-care. The rules shall specify the maximum amount 49,987
of income a family may have for initial and continued 49,988
eligibility. Until July 1, 2000, the maximum amount shall not 49,990
exceed one hundred eighty-five per cent of the federal poverty 49,991
line. Effective July 1, 2000, the maximum amount shall not 49,992
exceed two hundred per cent of the federal poverty line.
(B) Procedures under which a county department of human 49,994
JOB AND FAMILY services may, if the department, under division 49,997
(A) of this section, specifies a maximum amount of income a 49,998
family may have for eligibility for publicly funded child
day-care that is less than the maximum amount specified in that 49,999
division, specify a maximum amount of income a family residing in 50,001
the county the county department serves may have for initial and 50,002
continued eligibility for publicly funded child day-care that is 50,003
higher than the amount specified by the department but does not 50,004
exceed the maximum amount specified in division (A) of this 50,006
section;
(C) A schedule of fees requiring all eligible caretaker 50,009
1111
parents to pay a fee for publicly funded child day-care according 50,010
to income and family size, which shall be uniform for all types 50,011
of publicly funded child day-care, except as authorized by rule, 50,012
and, to the extent permitted by federal law, shall permit the use 50,014
of state and federal funds to pay the customary deposits and 50,015
other advance payments that a provider charges all children who 50,016
receive child day-care from that provider. The schedule of fees 50,017
may not provide for a caretaker parent to pay a fee that exceeds 50,018
ten per cent of the parent's family income. 50,019
(D) A formula based upon a percentage of the county's 50,021
total expenditures for publicly funded child day-care for 50,022
determining the maximum amount of state and federal funds 50,023
appropriated for publicly funded child day-care that a county 50,024
department may use for administrative purposes; 50,025
(E) Procedures to be followed by the department and county 50,027
departments in recruiting individuals and groups to become 50,028
providers of child day-care; 50,029
(F) Procedures to be followed in establishing state or 50,031
local programs designed to assist individuals who are eligible 50,032
for publicly funded child day-care in identifying the resources 50,033
available to them and to refer the individuals to appropriate 50,034
sources to obtain child day-care; 50,035
(G) Procedures to deal with fraud and abuse committed by 50,037
either recipients or providers of publicly funded child day-care; 50,038
(H) Procedures for establishing a child day-care grant or 50,040
loan program in accordance with the child care block grant act; 50,041
(I) Standards and procedures for applicants to apply for 50,043
grants and loans, and for the department to make grants and 50,044
loans; 50,045
(J) A definition of "person who stands in loco parentis" 50,047
for the purposes of division (II)(1) of section 5104.01 of the 50,049
Revised Code;
(K) Procedures for a county department of human JOB AND 50,052
FAMILY services to follow in making eligibility determinations 50,054
1112
and redeterminations for publicly funded child day-care available 50,055
through telephone, computer, and other means at locations other 50,056
than the county department;
(L) Any other rules necessary to carry out sections 50,058
5104.30 to 5104.39 of the Revised Code. 50,059
Sec. 5104.39. (A) The state department DIRECTOR of human 50,069
JOB AND FAMILY services shall adopt rules in accordance with 50,070
Chapter 119. of the Revised Code establishing a procedure for 50,071
monitoring the expenditures of county departments of human JOB 50,072
AND FAMILY services to ensure that expenditures do not exceed the 50,074
available federal and state funds for publicly funded child 50,075
day-care. The state department, with the assistance of the 50,076
office of budget and management and the day-care advisory council 50,077
created pursuant to section 5104.08 of the Revised Code, shall 50,078
monitor the anticipated future expenditures of county departments 50,079
for publicly funded child day-care and shall compare those 50,080
anticipated future expenditures to available federal and state 50,081
funds for publicly funded child day-care. Whenever the state 50,082
department determines that the anticipated future expenditures of 50,083
the county departments will exceed the available federal and 50,084
state funds for publicly funded child day-care, it promptly shall 50,085
notify the county departments and, before the available state and 50,086
federal funds are used, the director of human services shall 50,087
issue and implement an administrative order that shall specify 50,088
both of the following: 50,089
(1) Priorities for expending the remaining available 50,091
federal and state funds for publicly funded child day-care; 50,092
(2) Instructions and procedures to be used by the county 50,094
departments. 50,095
The order may suspend enrollment of all new participants in 50,097
any program of publicly funded child day-care or may limit 50,098
enrollment of new participants to those with incomes at or below 50,100
a specified percentage below the federal poverty line, but it 50,101
shall not limit enrollment by otherwise narrowing eligibility 50,102
1113
standards established in statute for publicly funded child 50,103
day-care. 50,104
Each county department shall comply with the order no later 50,106
than thirty days after it is issued. If the state department 50,107
fails to notify the county departments and to implement the 50,108
reallocation priorities specified in the order before the 50,109
available federal and state funds for publicly funded child 50,110
day-care are used, the state department shall provide sufficient 50,111
funds to the county departments for publicly funded child 50,112
day-care to enable each county department to pay for all publicly 50,113
funded child day-care that was provided by providers pursuant to 50,114
contract prior to the date that the county department received 50,115
notice under this division and the state department implemented 50,116
in that county the priorities. 50,117
If after issuing an order under this division to suspend or 50,119
limit enrollment of new participants the state department 50,121
determines that available state and federal funds for publicly 50,123
funded child day-care exceed the anticipated future expenditures 50,124
of the county departments, the director may issue and implement 50,125
another administrative order increasing income eligibility levels 50,126
to a specified percentage of the federal poverty line. The order 50,127
shall include instructions and procedures to be used by the
county departments. Each county department shall comply with the 50,128
order not later than thirty days after it is issued. 50,129
(B) The state department of human JOB AND FAMILY services 50,132
shall do all of the following: 50,133
(1) Conduct a quarterly evaluation of the program of 50,135
publicly funded child day-care that is operated pursuant to 50,136
sections 5104.30 to 5104.39 of the Revised Code; 50,137
(2) Prepare reports based upon the evaluations that 50,140
specify for each county the number of participants and amount of 50,141
expenditures;
(3) Provide copies of the reports to both houses of the 50,143
general assembly and, on request, to interested parties. 50,144
1114
Sec. 5104.40. A county department of human JOB AND FAMILY 50,153
services shall not be held responsible for implementing any rule 50,156
adopted under this chapter regarding publicly funded child 50,158
day-care until the later of thirty days after the effective date 50,160
of the rule or thirty days after the county department receives 50,161
notice of the rule if such notification is required under this 50,162
chapter. 50,163
Sec. 5104.41. A child and his THE CHILD'S caretaker who 50,172
either temporarily reside in a facility providing emergency 50,175
shelter for homeless families or are determined by the county 50,177
department of human JOB AND FAMILY services to be homeless, and 50,178
who are otherwise ineligible for publicly funded child day-care, 50,180
are eligible for protective day-care for the lesser of the 50,182
following:
(A) Ninety days; 50,184
(B) The period of time they reside in the shelter, if they 50,186
qualified for protective day-care because they reside in the 50,187
shelter, or the period of time in which the county department 50,188
determines they are homeless.
Sec. 5104.42. The state department DIRECTOR of human JOB 50,198
AND FAMILY services shall adopt rules pursuant to section 111.15 50,200
of the Revised Code establishing a payment procedure for publicly 50,202
funded child day-care. The rules may provide that the state 50,203
department OF JOB AND FAMILY SERVICES will either reimburse 50,204
county departments of human JOB AND FMAILY services for payments 50,205
made to providers of publicly funded child day-care or make
direct payments to providers pursuant to an agreement entered 50,206
into with a county board of commissioners pursuant to section 50,207
5101.21 of the Revised Code.
Alternately, the state department DIRECTOR, by rule adopted 50,209
in accordance with section 111.15 of the Revised Code, may 50,210
establish a methodology for allocating among the county 50,212
departments the state and federal funds appropriated for all 50,213
publicly funded child day-care services. If the state department 50,214
1115
chooses to allocate funds for publicly funded child day-care, it 50,215
may provide the funds to each county department, up to the limit 50,217
of the county's allocation, by advancing the funds or reimbursing
county day-care expenditures. The rules adopted under this 50,218
section may prescribe procedures for making the advances or 50,219
reimbursements. The rules may establish a method under which the 50,220
state department may determine which county expenditures for 50,222
day-care services are allowable for use of state and federal 50,223
funds.
The rules may establish procedures that a county department 50,225
shall follow when the county department determines that its 50,227
anticipated future expenditures for publicly funded child 50,228
day-care services will exceed the amount of state and federal 50,229
funds allocated by the state department. The procedures may 50,230
include suspending or limiting enrollment of new participants.
Sec. 5104.43. Each county department of human JOB AND 50,239
FAMILY services shall deposit all funds received from any source 50,241
for child day-care services into the public assistance fund 50,242
established under section 5101.161 of the Revised Code. All
expenditures by a county department for publicly funded child 50,243
day-care shall be made from the public assistance fund. 50,244
Sec. 5104.44. On receipt of a notice pursuant to section 50,254
2301.373 of the Revised Code, the department of human JOB AND 50,255
FAMILY services shall comply with that section with respect to a 50,258
license or certificate issued pursuant to this chapter.
Sec. 5107.03. There is hereby established the Ohio works 50,268
first program. The department of human JOB AND FAMILY services 50,269
shall administer the program, as long as federal funds are 50,270
provided for the program, in accordance with Title IV-A, federal 50,272
regulations, state law, the Title IV-A state plan submitted to 50,273
the United States secretary of health and human services under 50,274
section 5101.80 of the Revised Code, amendments to the plan, and 50,276
federal waivers granted by the United States secretary.
The department shall make all cash assistance payments for 50,278
1116
Ohio works first from funds appropriated for the Ohio works first 50,281
program. A county department of human JOB AND FAMILY services 50,282
may use county funds to increase the amount of cash assistance an 50,283
assistance group receives. An increase in the amount of cash 50,284
assistance that results from such a use of county funds shall not 50,285
be included as countable income, gross earned income, or gross 50,286
unearned income of the assistance group.
Sec. 5107.05. The department DIRECTOR of human JOB AND 50,296
FAMILY services shall adopt rules to implement this chapter. The 50,297
rules shall be consistent with Title IV-A, Title IV-D, federal 50,299
regulations, state law, the Title IV-A state plan submitted to 50,300
the United States secretary of health and human services under 50,301
section 5101.80 of the Revised Code, amendments to the plan, and 50,304
waivers granted by the United States secretary. Rules governing 50,306
eligibility, program participation, and other applicant and 50,307
participant requirements shall be adopted in accordance with 50,308
Chapter 119. of the Revised Code. Rules governing financial and 50,310
other administrative requirements applicable to the department OF 50,311
JOB AND FAMILY SERVICES and county departments of human JOB AND 50,312
FAMILY services shall be adopted in accordance with section 50,313
111.15 of the Revised Code. 50,314
(A) The rules shall specify, establish, or govern all of 50,316
the following: 50,317
(1) A payment standard for Ohio works first based on 50,319
federal and state appropriations; 50,320
(2) The method of determining the amount of cash 50,322
assistance an assistance group receives under Ohio works first; 50,323
(3) Requirements for initial and continued eligibility for 50,326
Ohio works first, including requirements regarding income,
citizenship, age, residence, and assistance group composition. 50,327
The rules regarding income shall specify what is countable 50,328
income, gross earned income, and gross unearned income for the 50,329
purpose of section 5107.10 of the Revised Code. 50,330
(4) For the purpose of section 5107.12 of the Revised 50,333
1117
Code, application and verification procedures, including the 50,334
minimum information an application must contain; 50,335
(5) The extent to which a participant of Ohio works first 50,337
must notify, pursuant to section 5107.12 of the Revised Code, a 50,339
county department of human JOB AND FAMILY services of additional 50,340
income not previously reported to the county department; 50,341
(6) Requirements for the collection and distribution of 50,343
support payments owed participants of Ohio works first pursuant 50,344
to section 5107.20 of the Revised Code; 50,346
(7) For the purpose of section 5107.22 of the Revised 50,349
Code, what constitutes cooperating in establishing a minor 50,350
child's paternity or establishing, modifying, or enforcing a 50,351
child support order and good cause for failure or refusal to 50,352
cooperate. The rule shall be consistent with 42 U.S.C.A. 50,353
654(29). 50,354
(8) The administration of the LEAP program provided for 50,356
under section 5107.30 of the Revised Code; 50,357
(9) circumstances CIRCUMSTANCES under which a county 50,359
department of human JOB AND FAMILY services may exempt a minor 50,361
head of household or adult from participating in a work activity 50,362
or developmental activity for all or some of the weekly hours
otherwise required by section 5107.43 of the Revised Code. 50,364
Circumstances shall include that a school or place of work is 50,365
closed due to a holiday or weather or other emergency and that an 50,366
employer grants the minor head of household or adult leave for 50,367
illness or earned vacation.
(10) The maximum amount of time the department will 50,369
subsidize positions created by state agencies and political 50,370
subdivisions under division (C) of section 5107.52 of the Revised 50,372
Code.
(B) The rules may provide that a county department of 50,375
human JOB AND FAMILY services is not required to take action 50,377
under section 5107.76 of the Revised Code to recover an erroneous 50,378
payment that is below an amount the department specifies. 50,379
1118
Sec. 5107.10. (A) As used in this section: 50,388
(1) "Countable income," "gross earned income," and "gross 50,391
unearned income" have the meanings established in rules adopted 50,392
under section 5107.05 of the Revised Code. 50,393
(2) "Gross income" means gross earned income and gross 50,395
unearned income. 50,396
(3) "Strike" means continuous concerted action in failing 50,398
to report to duty; willful absence from one's position; or 50,399
stoppage of work in whole from the full, faithful, and proper 50,400
performance of the duties of employment, for the purpose of 50,401
inducing, influencing, or coercing a change in wages, hours, 50,402
terms, and other conditions of employment. "Strike" does not 50,403
include a stoppage of work by employees in good faith because of 50,404
dangerous or unhealthful working conditions at the place of 50,405
employment that are abnormal to the place of employment. 50,406
(B) Under the Ohio works first program, an assistance 50,408
group shall receive, except as otherwise provided by this 50,410
chapter, time-limited cash assistance. In the case of an 50,411
assistance group that includes a minor head of household or 50,412
adult, assistance shall be provided in accordance with the 50,413
self-sufficiency contract entered into under section 5107.14 of
the Revised Code.
(C) To be eligible to participate in Ohio works first, an 50,416
assistance group must meet all of the following requirements: 50,417
(1) The assistance group, except as provided in division 50,419
(E) of this section, must include at least one of the following: 50,421
(a) A minor child who, except as provided in section 50,423
5107.24 of the Revised Code, resides with a parent, or specified 50,425
relative caring for the child, or, to the extent permitted by 50,427
Title IV-A and federal regulations adopted until Title IV-A, 50,428
resides with a guardian or custodian caring for the child; 50,430
(b) A parent residing with and caring for the parent's 50,433
minor child who receives supplemental security income under Title 50,434
XVI of the "Social Security Act," 86 Stat. 1475 (1972), 42 50,435
1119
U.S.C.A. 1383, as amended, or federal, state, or local adoption 50,436
assistance; 50,437
(c) A specified relative residing with and caring for a 50,439
minor child who is related to the specified relative in a manner 50,440
that makes the specified relative a specified relative and 50,441
receives supplemental security income or federal, state, or local 50,442
foster care or adoption assistance;
(d) A woman at least six months pregnant. 50,443
(2) The assistance group must meet the income requirements 50,445
established by division (D) of this section. 50,446
(3) No member of the assistance group may be involved in a 50,448
strike.
(4) The assistance group must satisfy the requirements for 50,451
Ohio works first established by this chapter and sections
5101.19, 5101.58, 5101.59, and 5101.83 of the Revised Code. 50,453
(5) The assistance group must meet requirements for Ohio 50,455
works first established by rules adopted under section 5107.05 of 50,457
the Revised Code. 50,458
(D)(1) Except as provided in division (D)(3) of this 50,460
section, to determine whether an assistance group is initially 50,461
eligible to participate in Ohio works first, a county department 50,463
of human JOB AND FAMILY services shall do the following: 50,464
(a) Determine whether the assistance group's gross income 50,467
exceeds the following amount:
Size of Assistance Group Gross Income 50,470
1 $423 50,472
2 $537 50,473
3 $630 50,474
4 $750 50,475
5 $858 50,476
6 $942 50,477
7 $1,038 50,478
8 $1,139 50,479
9 $1,241 50,480
1120
10 $1,343 50,481
11 $1,440 50,482
12 $1,542 50,483
13 $1,643 50,484
14 $1,742 50,485
15 $1,844 50,486
For each person in the assistance group that brings the 50,489
assistance group to more than fifteen persons, add one hundred 50,490
two dollars to the amount of gross income for an assistance group 50,492
of fifteen specified in division (D)(1)(a) of this section. 50,493
In making this determination, the county department shall 50,495
disregard amounts that federal statutes or regulations and
sections 5101.17 and 5117.10 of the Revised Code require be 50,497
disregarded. The assistance group is ineligible to participate 50,498
in Ohio works first if the assistance group's gross income, less 50,499
the amounts disregarded, exceeds the amount specified in division 50,500
(D)(1)(a) of this section. 50,501
(b) If the assistance group's gross income, less the 50,504
amounts disregarded pursuant to division (D)(1)(a) of this 50,506
section, does not exceed the amount specified in that division,
determine whether the assistance group's countable income is less 50,508
than the payment standard. The assistance group is ineligible to 50,509
participate in Ohio works first if the assistance group's 50,510
countable income equals or exceeds the payment standard. 50,512
(2) To determine whether an assistance group participating 50,515
in Ohio works first continues to be eligible to participate, a 50,516
county department of human JOB AND FAMILY services shall 50,517
determine whether the assistance group's countable income 50,518
continues to be less than the payment standard. In making this 50,519
determination, the county department shall disregard the first 50,520
two hundred fifty dollars and fifty per cent of the remainder of 50,522
the assistance group's gross earned income. No amounts shall be 50,523
disregarded from the assistance group's gross unearned income. 50,524
The assistance group ceases to be eligible to participate in Ohio 50,525
1121
works first if its countable income, less the amounts 50,526
disregarded, equals or exceeds the payment standard. 50,527
(3) If an assistance group reapplies to participate in 50,529
Ohio works first not more than four months after ceasing to 50,530
participate, a county department of human JOB AND FAMILY services 50,532
shall use the income requirement established by division (D)(2) 50,533
of this section to determine eligibility for resumed 50,534
participation rather than the income requirement established by 50,535
division (D)(1) of this section. 50,536
(E)(1) An assistance group may continue to participate in 50,538
Ohio works first even though a public children services agency 50,539
removes the assistance group's minor children from the assistance 50,541
group's home due to abuse, neglect, or dependency if the agency 50,542
does both of the following:
(a) Notifies the county department of human JOB AND FAMILY 50,544
services at the time the agency removes the children that it 50,546
believes the children will be able to return to the assistance 50,547
group within six months;
(b) Informs the county department at the end of each of 50,550
the first five months after the agency removes the children that 50,552
the parent, guardian, custodian, or specified relative of the 50,553
children is cooperating with the case plans prepared for the 50,555
children under section 2151.412 of the Revised Code and that the 50,557
agency is making reasonable efforts to return the children to the 50,558
assistance group.
(2) An assistance group may continue to participate in 50,560
Ohio works first pursuant to division (E)(1) of this section for 50,562
not more than six payment months. This division does not affect 50,564
the eligibility of an assistance group that includes a woman at 50,565
least six months pregnant. 50,566
Sec. 5107.12. An assistance group seeking to participate 50,575
in the Ohio works first program shall apply to a county 50,577
department of human JOB AND FAMILY services using an application 50,579
containing information the state department DIRECTOR of human JOB 50,581
1122
AND FAMILY services requires pursuant to rules adopted under 50,582
section 5107.05 of the Revised Code and any additional 50,583
information the county department requires. If cash assistance 50,585
under the program is to be paid by the auditor of state through 50,586
the medium of direct deposit as provided by section 329.03 of the 50,587
Revised Code, the application shall be accompanied by information 50,590
the auditor needs to make direct deposits. 50,591
When a county department receives an application for 50,594
participation in Ohio works first, it shall promptly make an 50,595
investigation and record of the circumstances of the applicant in 50,596
order to ascertain the facts surrounding the application and to 50,597
obtain such other information as may be required. Upon the 50,598
completion of the investigation, the county department shall 50,600
determine whether the applicant is eligible to participate, the 50,601
amount of cash assistance the applicant should receive, and the 50,603
approximate date when participation shall begin. The amount of 50,605
cash assistance so determined shall be certified to the state 50,606
department OF JOB AND FAMILY SERVICES in such form as the 50,607
department shall prescribe. Warrants, direct deposits, or debit 50,609
cards shall be delivered or made payable in the manner the state 50,612
department may prescribe.
To the extent required by rules adopted under section 50,615
5107.05 of the Revised Code, a participant of Ohio works first 50,616
shall notify the county department immediately upon the receipt 50,618
or possession of additional income not previously reported to the 50,621
county department. Any failure to so notify a county department 50,622
shall be regarded as prima-facie evidence of an intent to 50,623
defraud.
Sec. 5107.14. An assistance group is ineligible to 50,633
participate in Ohio works first unless the minor head of 50,634
household or each adult member of the assistance group, not later 50,636
than thirty days after applying for or undergoing a 50,638
redetermination of eligibility for the program, enters into a 50,639
written self-sufficiency contract with the county department of 50,640
1123
human JOB AND FAMILY services. The contract shall set forth the 50,642
rights and responsibilities of the assistance group as applicants 50,643
for and participants of the program, including work 50,644
responsibilities established under sections 5107.40 to 5107.69 of 50,646
the Revised Code and other requirements designed to assist the 50,648
assistance group in achieving self sufficiency and personal 50,649
responsibility. The county department shall provide without 50,650
charge a copy of the contract to each assistance group member who 50,651
signs it.
Each self-sufficiency contract shall include, based on 50,653
appraisals conducted under section 5107.41 of the Revised Code 50,655
and assessments conducted under section 5107.70 of the Revised 50,656
Code, the following:
(A) The assistance group's plan, developed under section 50,658
5107.41 of the Revised Code, to achieve the goal of self 50,661
sufficiency and personal responsibility through unsubsidized 50,662
employment within the time limit for participating in Ohio works 50,663
first established by section 5107.18 of the Revised Code; 50,664
(B) Work activities, developmental activities, and 50,667
alternative work activities to which members of the assistance 50,668
group are assigned under sections 5107.40 to 5107.69 of the 50,669
Revised Code; 50,670
(C) The responsibility of a caretaker member of the 50,673
assistance group to cooperate in establishing a minor child's 50,674
paternity and establishing, modifying, and enforcing a support 50,675
order for the child in accordance with section 5107.22 of the 50,676
Revised Code; 50,677
(D) Other responsibilities that members of the assistance 50,679
group must satisfy to participate in Ohio works first and the 50,680
consequences for failure or refusal to satisfy the 50,681
responsibilities; 50,682
(E) An agreement that the assistance group will comply 50,685
with the conditions of participating in Ohio works first 50,686
established by this chapter and sections 5101.19, 5101.58, 50,687
1124
5101.59, and 5101.83 of the Revised Code; 50,688
(F) Assistance and services the county department will 50,690
provide to the assistance group; 50,691
(G) Assistance and services the child support enforcement 50,694
agency and public children services agency will provide to the 50,695
assistance group pursuant to a plan of cooperation entered into 50,696
under section 307.983 of the Revised Code; 50,697
(H) Other provisions designed to assist the assistance 50,699
group in achieving self sufficiency and personal responsibility; 50,701
(I) Procedures for assessing whether responsibilities are 50,704
being satisfied and whether the contract should be amended;
(J) Procedures for amending the contract. 50,706
Sec. 5107.16. (A) If a member of an assistance group 50,716
fails or refuses, without good cause, to comply in full with a 50,717
provision of a self-sufficiency contract entered into under 50,718
section 5107.14 of the Revised Code, a county department of human 50,719
JOB AND FAMILY services shall sanction the assistance group as 50,721
follows:
(1) For a first failure or refusal, the county department 50,723
shall deny or terminate the assistance group's eligibility to 50,724
participate in Ohio works first for one payment month or until 50,725
the failure or refusal ceases, whichever is longer; 50,726
(2) For a second failure or refusal, the county department 50,729
shall deny or terminate the assistance group's eligibility to
participate in Ohio works first for three payment months or until 50,731
the failure or refusal ceases, whichever is longer;
(3) For a third or subsequent failure or refusal, the 50,733
county department shall deny or terminate the assistance group's 50,734
eligibility to participate in Ohio works first for six payment 50,735
months or until the failure or refusal ceases, whichever is 50,736
longer. 50,737
(B) Each county department of human JOB AND FAMILY 50,740
services shall establish standards for the determination of good 50,742
cause for failure or refusal to comply in full with a provision 50,743
1125
of a self-sufficiency contract.
(1) In the case of a failure or refusal to participate in 50,745
a work activity, developmental activity, or alternative work 50,746
activity under sections 5107.40 to 5107.69 of the Revised Code, 50,748
good cause shall include, except as provided in division (B)(2) 50,750
of this section, the following: 50,751
(a) Failure of the county department to place the member 50,754
in an activity;
(b) Failure of the county department to provide for the 50,757
assistance group to receive support services the county
department determines under section 5107.66 of the Revised Code 50,759
to be necessary. In determining whether good cause exists, a 50,760
county department shall determine that day care is a necessary 50,761
support service if a single custodial parent caring for a minor 50,762
child under age six proves a demonstrated inability, as 50,763
determined by the county department, to obtain needed child care 50,764
for one or more of the following reasons: 50,765
(i) Unavailability of appropriate child care within a 50,768
reasonable distance from the parent's home or work site; 50,769
(ii) Unavailability or unsuitability of informal child 50,772
care by a relative or under other arrangements;
(iii) Unavailability of appropriate and affordable formal 50,775
child care arrangements.
(2) Good cause does not exist if the member of the 50,777
assistance group is placed in a work activity established under 50,779
section 5107.58 of the Revised Code and exhausts the support 50,780
services available for that activity. 50,781
(C) When a state hearing under division (B) of section 50,784
5101.35 of the Revised Code or an administrative appeal under 50,787
division (C) of that section is held regarding a sanction under 50,788
this section, the hearing officer, director of human JOB AND 50,789
FAMILY services, or director's designee shall base the decision 50,791
in the hearing or appeal on the county department's standards of 50,792
good cause for failure or refusal to comply in full with a 50,793
1126
provision of a self-sufficiency contract, if the county 50,794
department provides the hearing officer, director, or director's 50,795
designee a copy of the county department's good cause standards. 50,796
(D) After sanctioning an assistance group under division 50,799
(A) of this section, a county department of human JOB AND FAMILY 50,801
services shall continue to work with the assistance group to 50,803
provide the member of the assistance group who caused the 50,804
sanction an opportunity to demonstrate to the county department a 50,805
willingness to cease the failure or refusal to comply with the 50,806
self-sufficiency contract.
(E) An adult eligible for medical assistance pursuant to 50,808
division (A)(1)(a) of section 5111.01 of the Revised Code who is 50,813
sanctioned under division (A)(3) of this section for a failure or 50,815
refusal, without good cause, to comply in full with a provision 50,816
of a self-sufficiency contract related to work responsibilities 50,817
under sections 5107.40 to 5107.69 of the Revised Code loses 50,818
eligibility for medical assistance unless the adult is otherwise 50,819
eligible for medical assistance pursuant to another division of 50,820
section 5111.01 of the Revised Code. 50,822
(F) An assistance group that would be participating in 50,824
Ohio works first if not for a sanction under this section shall 50,825
continue to be eligible for all of the following: 50,826
(1) Publicly funded child day-care in accordance with 50,828
division (A)(3) of section 5104.30 of the Revised Code; 50,829
(2) Support services in accordance with section 5107.66 of 50,831
the Revised Code; 50,832
(3) To the extent permitted by the "Fair Labor Standards 50,835
Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 201, as amended, to 50,836
participate in work activities, developmental activities, and 50,837
alternative work activities in accordance with sections 5107.40
to 5107.69 of the Revised Code. 50,838
Sec. 5107.161. Before a county department of human JOB AND 50,847
FAMILY services sanctions an assistance group under section 50,849
5107.16 of the Revised Code, the county department shall provide 50,851
1127
the assistance group written notice of the sanction. The written
notice shall include a provision printed in bold type face that 50,852
informs the assistance group that it may request a face-to-face 50,853
meeting with the county department not later than ten days after 50,854
receiving the written notice to explain why the assistance group 50,855
believes it should not be sanctioned. The written notice shall 50,856
include the telephone numbers of the assistance group's 50,857
caseworker and of an Ohio works first ombudsperson provided for 50,858
under section 329.07 of the Revised Code who the assistance group 50,859
may call if unable to contact the caseworker and the toll-free 50,860
telephone number of the state department of human JOB AND FAMILY 50,861
services.
Sec. 5107.162. If an assistance group requests a meeting 50,870
with a county department of human JOB AND FAMILY services not 50,871
later than ten days after receiving under section 5107.161 of the 50,873
Revised Code written notice of a sanction, the county department 50,874
shall schedule the meeting and postpone imposition of the 50,875
sanction until the date the meeting is scheduled to be held. 50,876
Sec. 5107.18. (A) Except as provided in divisions (B), 50,885
(C), (D), and (E) of this section, an assistance group is 50,887
ineligible to participate in Ohio works first if the assistance 50,888
group includes an adult who has participated in the program for
thirty-six months. The time limit applies regardless of whether 50,889
the thirty-six months are consecutive. 50,890
(B) An assistance group that has ceased to participate in 50,893
Ohio works first pursuant to division (A) of this section for at 50,895
least twenty-four months may reapply to participate in the 50,896
program if good cause exists as determined by the county 50,897
department of human JOB AND FAMILY services. Good cause may 50,898
include losing employment, inability to find employment, divorce, 50,899
domestic violence considerations, and unique personal 50,900
circumstances. The assistance group must provide a county 50,901
department of human JOB AND FAMILY services verification 50,902
acceptable to the county department of whether any members of the 50,903
1128
assistance group had employment during the period the assistance 50,904
group was not participating in Ohio works first and the amount 50,905
and sources of the assistance group's income during that period. 50,906
If a county department is satisfied that good cause exists for 50,907
the assistance group to reapply to participate in Ohio works 50,908
first, the assistance group may reapply. Except as provided in 50,910
divisions (C), (D), and (E) of this section, the assistance group 50,912
may not participate in Ohio works first for more than twenty-four 50,913
additional months. The time limit applies regardless of whether 50,914
the twenty-four months are consecutive.
(C) In determining the number of months a parent or 50,917
pregnant woman has received assistance under Title IV-A, a county 50,921
department of human JOB AND FAMILY services shall disregard any 50,922
month during which the parent or pregnant woman was a minor child 50,924
but was neither a minor head of household nor married to the head 50,925
of an assistance group.
(D) In determining the number of months an adult has 50,928
received assistance under Title IV-A, a county department of 50,932
human JOB AND FAMILY services shall disregard any month during 50,934
which the adult lived on an Indian reservation or in an Alaska 50,936
native village, as those terms are used in 42 U.S.C.A. 50,938
608(a)(7)(D), if, during the month, at least one thousand 50,940
individuals lived on the reservation or in the village and at 50,941
least fifty per cent of the adults living on the reservation or 50,942
in the village were unemployed. 50,943
(E) A county department of human JOB AND FAMILY services 50,945
may exempt not more than twenty per cent of the average monthly 50,947
number of Ohio works first participants from the time limit 50,949
established by this section on the grounds that the county 50,950
department determines that the time limit is a hardship. In the 50,951
case of the time limit established by division (A) of this 50,952
section, a county department may not exempt an assistance group
until the group has exhausted its thirty-six months of cash 50,954
assistance.
1129
(F) The state department of human JOB AND FAMILY services 50,957
shall continually monitor the percentage of the average monthly 50,959
number of Ohio works first participants in each county that is 50,961
exempted under division (E) of this section from the time limit 50,962
established by this section. On determining that the percentage 50,964
in any county equals or exceeds eighteen per cent, the state
department shall immediately notify the county department of 50,965
human JOB AND FAMILY services. 50,966
(G) Only participation in Ohio works first on or after 50,968
October 1, 1997, applies to the time limit established by this 50,970
section. The time limit applies regardless of the source of 50,971
funding for the program. Assistance under Title IV-A provided by 50,974
any state applies to the time limit. The time limit is a 50,975
lifetime limit. No assistance group shall receive assistance 50,976
under the program in violation of the time limit for assistance 50,977
under Title IV-A established by section 408(a)(7) of the "Social 50,980
Security Act," as amended by the "Personal Responsibility and 50,981
Work Opportunity Reconciliation Act of 1996," 110 Stat. 2105, 42 50,983
U.S.C.A. 608(a)(7). 50,984
Sec. 5107.20. As used in this section, "support" has the 50,993
same meaning as in section 3113.21 of the Revised Code. 50,994
Participation in Ohio works first constitutes an assignment 50,997
to the department of human JOB AND FAMILY services of any rights 50,998
members of an assistance group have to support from any other 50,999
person, excluding medical support assigned pursuant to section 51,000
5101.59 of the Revised Code. The rights to support assigned to 51,001
the department pursuant to this section constitute an obligation 51,002
of the person who is responsible for providing the support to the 51,003
state for the amount of cash assistance provided to the 51,005
assistance group.
The division of child support in the department of human 51,008
JOB AND FAMILY services shall collect and distribute support
payments owed to Ohio works first participants, whether assigned 51,009
to the department or unassigned, in accordance with Title IV-D, 51,011
1130
federal regulations, state statutes, and rules adopted under 51,012
section 5107.05 of the Revised Code.
In accordance with federal statutes and regulations, the 51,014
department shall deposit support payments it receives pursuant to 51,015
this section into the state treasury to the credit of the child 51,017
support collections fund or the child support administrative 51,018
fund, both of which are hereby created. Money credited to the 51,019
funds shall be used to make cash assistance payments under Ohio 51,021
works first.
Sec. 5107.22. As used in this section, "caretaker" means 51,031
the parent of a minor child or a relative acting in the parent's 51,033
place.
Unless good cause for failure or refusal exists as 51,035
determined pursuant to rules adopted under section 5107.05 of the 51,036
Revised Code, the caretaker of a minor child shall cooperate, if 51,038
the caretaker is a member of the child's assistance group, in 51,039
establishing the child's paternity and establishing, modifying, 51,040
and enforcing a support order for the child. The child support 51,041
enforcement agency with responsibility for administering the 51,042
assistance group's paternity and support order requirements shall 51,044
determine whether the caretaker is cooperating under this
section. Cooperation includes providing sufficient information 51,045
available to the caretaker to verify the identity of the minor 51,046
child's father and establish, modify, and enforce a support 51,047
order.
A child support enforcement agency shall notify the county 51,050
department of human JOB AND FAMILY services serving the county in 51,051
which a caretaker resides if the agency determines that the 51,053
caretaker has failed or refused to cooperate under this section 51,054
without good cause and the caretaker is a member of an assistance 51,055
group participating in Ohio works first. 51,056
Sec. 5107.24. (A) As used in this section: 51,065
(1) "Adult-supervised living arrangement" means a family 51,067
setting approved, licensed, or certified by the department of 51,070
1131
human JOB AND FAMILY services, the department of mental health, 51,071
the department of mental retardation and developmental 51,072
disabilities, the department of youth services, a public children 51,074
services agency, a private child placing agency, or a private 51,075
noncustodial agency that is maintained by a person age eighteen 51,076
or older who assumes responsibility for the care and control of a 51,077
minor parent, pregnant minor, or child of a minor parent or 51,078
provides the minor parent, pregnant minor, or child of a minor 51,079
parent supportive services, including counseling, guidance, and 51,080
supervision. "Adult-supervised living arrangement" does not mean 51,081
a public institution. 51,082
(2) "Child of a minor parent" means a child born to a 51,085
minor parent, except that the child ceases to be considered a 51,086
child of a minor parent when the minor parent attains age 51,087
eighteen.
(3) "Minor parent" means a parent who is under age 51,089
eighteen and is not married. 51,091
(4) "Pregnant minor" means a pregnant person who is under 51,093
age eighteen and not married. 51,095
(B)(1) Except as provided in division (B)(2) of this 51,098
section and to the extent permitted by Title IV-A and federal 51,099
regulations adopted under Title IV-A, a pregnant minor, minor 51,101
parent, or child of a minor parent must reside in a place of 51,102
residence maintained by a parent, guardian, custodian, or 51,103
specified relative of the pregnant minor or minor parent as the 51,105
parent's, guardian's, custodian's, or specified relative's own 51,106
home to be eligible to participate in Ohio works first. 51,108
(2) To the extent permitted by Title IV-A and federal 51,111
regulations adopted under it, a pregnant minor, minor parent, or 51,112
child of a minor parent is exempt from the requirement of 51,113
division (B)(1) of this section if any of the following apply: 51,114
(a) The minor parent or pregnant minor does not have a 51,116
parent, guardian, custodian, or specified relative living or 51,119
whose whereabouts are known.
1132
(b) No parent, guardian, custodian, or specified relative 51,122
of the minor parent or pregnant minor will allow the pregnant 51,124
minor, minor parent, or minor parent's child to live in the 51,125
parent's, guardian's, custodian's, or specified relative's home. 51,127
(c) The department of human JOB AND FAMILY services, a 51,129
county department of human JOB AND FAMILY services, or a public 51,132
children services agency determines that the physical or 51,133
emotional health or safety of the pregnant minor, minor parent, 51,134
or minor parent's child would be in jeopardy if the pregnant 51,135
minor, minor parent, or minor parent's child lived in the same 51,136
home as the parent, guardian, custodian, or specified relative. 51,138
(d) The department of human JOB AND FAMILY services, a 51,140
county department of human JOB AND FAMILY services, or a public 51,141
children services agency otherwise determines that it is in the 51,144
best interest of the pregnant minor, minor parent, or minor 51,145
parent's child to waive the requirement of division (B)(1) of 51,146
this section.
(C) A pregnant minor, minor parent, or child of a minor 51,148
parent exempt from the requirement of division (B)(1) of this 51,150
section must reside in an adult-supervised living arrangement to 51,151
be eligible to participate in Ohio works first.
(D) The department of human JOB AND FAMILY services, 51,153
whenever possible and to the extent permitted by Title IV-A and 51,155
federal regulations adopted under it, shall provide cash 51,157
assistance under Ohio works first to the parent, guardian, 51,159
custodian, or specified relative of a pregnant minor or minor 51,160
parent on behalf of the pregnant minor, minor parent, or minor 51,161
parent's child.
Sec. 5107.26. (A) As used in this section: 51,170
(1) "Transitional child day-care" means publicly funded 51,173
child day-care provided under division (A)(3) of section 5104.34 51,175
of the Revised Code.
(2) "Transitional medicaid" means the medical assistance 51,178
provided under section 5111.023 of the Revised Code. 51,179
1133
(B) Except as provided in division (C) of this section, 51,181
each member of an assistance group participating in Ohio works 51,182
first is ineligible to participate in the program for six payment 51,185
months if a county department of human JOB AND FAMILY services 51,186
determines that a member of the assistance group terminated the 51,188
member's employment and each person who, on the day prior to the 51,189
day a recipient begins to receive transitional child day-care or 51,190
transitional medicaid, was a member of the recipient's assistance 51,191
group is ineligible to participate in Ohio works first for six 51,193
payment months if a county department determines that the 51,196
recipient terminated the recipient's employment. 51,198
(C) No assistance group member shall lose or be denied 51,201
eligibility to participate in Ohio works first pursuant to 51,203
division (B) of this section if the termination of employment was 51,204
because an assistance group member or recipient of transitional 51,205
child day-care or transitional medicaid secured comparable or 51,206
better employment or the county department of human JOB AND 51,208
FAMILY services certifies that the member or recipient terminated 51,210
the employment with just cause. 51,211
Just cause includes the following: 51,213
(1) Discrimination by an employer based on age, race, sex, 51,216
color, handicap, religious beliefs, or national origin;
(2) Work demands or conditions that render continued 51,218
employment unreasonable, such as working without being paid on 51,219
schedule; 51,220
(3) Employment that has become unsuitable due to any of 51,222
the following: 51,223
(a) The wage is less than the federal minimum wage; 51,225
(b) The work is at a site subject to a strike or lockout, 51,228
unless the strike has been enjoined under section 208 of the 51,229
"Labor-Management Relations Act," 61 Stat. 155 (1947), 29 51,230
U.S.C.A. 178, as amended, an injunction has been issued under 51,232
section 10 of the "Railway Labor Act," 44 Stat. 586 (1926), 45 51,234
U.S.C.A. 160, as amended, or an injunction has been issued under 51,235
1134
section 4117.16 of the Revised Code; 51,236
(c) The documented degree of risk to the member or 51,239
recipient's health and safety is unreasonable; 51,241
(d) The member or recipient is physically or mentally 51,244
unfit to perform the employment, as documented by medical 51,245
evidence or by reliable information from other sources. 51,246
(4) Documented illness of the member or recipient or of 51,249
another assistance group member of the member or recipient 51,251
requiring the presence of the member or recipient; 51,252
(5) A documented household emergency; 51,254
(6) Lack of adequate child care for children of the member 51,257
or recipient who are under six years of age. 51,258
Sec. 5107.28. (A) As used in this section and in sections 51,267
5107.281 to 5107.287 of the Revised Code: 51,268
(1) "Cash assistance payment" means the monthly amount an 51,270
assistance group is eligible to receive under Ohio works first. 51,272
(2) "Parent" means the parent, guardian, custodian, or 51,275
specified relative with charge or care of a learnfare 51,276
participant.
(3) "Participating student" means a participant of Ohio 51,278
works first who is subject to the school attendance requirement 51,280
of the learnfare program as determined under section 5107.281 of 51,281
the Revised Code.
(B) The state department of human JOB AND FAMILY services 51,285
shall establish the learnfare program. The board of county 51,286
commissioners of any county may choose to have the county
participate in the learnfare program. The county department of 51,287
human JOB AND FAMILY services of each participating county shall 51,289
administer the program in accordance with sections 5107.28 to 51,290
5107.287 of the Revised Code and policies the county department 51,291
establishes for the program. 51,292
(C) The program shall provide for reduction in the cash 51,295
assistance payment to the assistance group of a participating 51,296
student if the student fails to comply with the program's school 51,298
1135
attendance requirement two or more times during a school year. 51,299
(D) The program may provide for an incentive to encourage 51,302
a parent or, if a participating student is eighteen or nineteen 51,304
years of age, the student to consent to the release of the 51,305
participating student's school attendance records and the 51,307
participating student to comply with the program's school 51,308
attendance requirement. 51,309
Sec. 5107.282. The first time during a school year that a 51,319
participating student fails to comply with the learnfare 51,321
program's school attendance requirement, the county department of 51,322
human JOB AND FAMILY services shall send the parent a notice 51,324
warning that, if the student fails a second or subsequent time in 51,326
the school year to comply with the school attendance requirement, 51,327
the assistance group's cash assistance payment for the second 51,328
month following report of the failure under section 5107.287 of 51,329
the Revised Code will be reduced to the amount the assistance 51,332
group would be eligible to receive if the student was not a 51,333
member of the assistance group. The county department shall send 51,335
the notice not later than the last day of the month that it is 51,336
informed of the first failure to comply. 51,337
If a participating student fails two or more times in a 51,340
school year to comply with the school attendance requirement, the 51,341
county department shall reduce the assistance group's cash 51,342
assistance payment for the second month following report of the 51,343
failure. The county department shall reduce the cash assistance 51,345
payment to the amount the assistance group would be eligible to 51,346
receive if the participating student was not a member of the 51,348
assistance group.
Sec. 5107.283. The county department of human JOB AND 51,357
FAMILY services may provide an incentive established by the 51,359
county department to the participating student or student's 51,361
assistance group, whichever is appropriate, if the parent or, if 51,363
the student is eighteen or nineteen years of age, the student, 51,365
consents to the release of the student's school attendance 51,366
1136
records and the student complies with the learnfare school 51,368
attendance requirement. An incentive may be a cash bonus or 51,370
other form of incentive. The county department shall not receive 51,371
any additional state or federal funds to pay for incentives. 51,372
Sec. 5107.284. The county department of human JOB AND 51,381
FAMILY services shall require the parent of each participating 51,384
student, or, if the student is eighteen or nineteen years of age, 51,386
the student to consent to release of the student's school 51,387
attendance records. If the parent or participating student 51,389
refuses to consent, the county department shall reduce the 51,390
assistance group's cash assistance payment for the month 51,392
immediately following the month of the refusal and each month
thereafter until consent is given. The cash assistance payment 51,393
shall be reduced to the amount the assistance group would be 51,395
eligible to receive if neither the participating student nor the 51,396
parent were members of the assistance group. 51,397
Sec. 5107.286. Communications between the school district 51,407
and the county department of human JOB AND FAMILY services 51,408
concerning a participating student's attendance shall be made 51,410
only through the attendance officers and assistants appointed
under section 3321.14 or 3321.15 of the Revised Code. 51,411
Sec. 5107.287. The county department of human JOB AND 51,421
FAMILY services shall establish policies defining "good cause for 51,423
being absent from school" and specifying what constitutes a day 51,424
of attendance for purposes of the learnfare program's school 51,425
attendance requirement. 51,426
Not later than the fifteenth day of each month of a school 51,428
year or another time agreed to by the county department of human 51,429
JOB AND FAMILY services and state board of education but not 51,430
later than the thirtieth day of each month, each attendance 51,432
officer or assistant appointed under section 3321.14 or 3321.15 51,433
of the Revised Code who oversees the attendance of students 51,434
enrolled in the school districts of a county that is 51,435
participating in the learnfare program shall report to the county 51,437
1137
department of human JOB AND FAMILY services the previous month's 51,438
school attendance record of each participating student. The 51,440
report shall specify which if any of the participating student's 51,441
absences are excused because the absence meets the definition of 51,442
"good cause for being absent from school." No absence for which 51,443
there is good cause shall be considered in determining whether a 51,444
participating student has complied with the learnfare program's 51,446
school attendance requirement. 51,447
Sec. 5107.30. (A) As used in this section: 51,456
(1) "LEAP program" means the learning, earning, and 51,458
parenting program. 51,459
(2) "Teen" means a participant of Ohio works first who is 51,462
under age twenty and is a natural or adoptive parent or is 51,463
pregnant.
(3) "School" means an educational program that is designed 51,465
to lead to the attainment of a high school diploma or the 51,466
equivalent of a high school diploma. 51,467
(B) The department DIRECTOR of human JOB AND FAMILY 51,470
services may adopt rules under section 5107.05 of the Revised 51,471
Code, to the extent that such rules are consistent with federal 51,473
law, to do all of the following:
(1) Define "good cause" and "the equivalent of a high 51,475
school diploma" for the purposes of this section; 51,476
(2) Conduct one or more special demonstration programs 51,478
titled the "LEAP program" and establish requirements governing 51,480
the program. The purpose of the LEAP program is to encourage 51,481
teens to complete school. 51,482
(3) Require every teen who is subject to LEAP program 51,484
requirements to attend school in accordance with the requirements 51,485
governing the program unless the teen shows good cause for not 51,486
attending school. The department shall provide, in addition to 51,487
the cash assistance payment provided under Ohio works first, an 51,490
incentive payment, in an amount determined by the department, to 51,491
every teen who is participating in the LEAP program and attends 51,492
1138
school in accordance with the requirements governing the program. 51,493
The department shall reduce the cash assistance payment, in an 51,494
amount determined by the department, under Ohio works first to 51,495
every teen participating in the LEAP program who fails or 51,498
refuses, without good cause, to attend school in accordance with 51,499
the requirements governing the program.
(4) Require every teen who is subject to LEAP program 51,501
requirements to enter into a written agreement with the county 51,502
department of human JOB AND FAMILY services that provides all of 51,503
the following: 51,504
(a) The teen, to be eligible to receive the incentive 51,506
payment under division (B)(3) of this section, must attend school 51,507
in accordance with the requirements of the LEAP program; 51,508
(b) The county department will provide the incentive 51,510
payment to the teen if the teen attends school; 51,511
(c) The county department will reduce the cash assistance 51,513
payment under Ohio works first if the teen fails or refuses to 51,516
attend school in accordance with the requirements governing the 51,517
LEAP program.
(5) Evaluate the demonstration programs established under 51,519
this section. In conducting the evaluations, the state 51,520
department of human JOB AND FAMILY services shall select control 51,521
groups of teens who are otherwise subject to the LEAP program 51,523
requirements.
(C) A teen who is participating in the LEAP program shall 51,526
be considered to be participating in a work activity for the 51,528
purpose of sections 5107.40 to 5107.69 of the Revised Code. 51,529
However, the teen is not subject to the requirements or sanctions 51,531
of those sections, unless the teen is over age eighteen and meets 51,533
the LEAP program requirements by participating regularly in work 51,534
activities, developmental activities, or alternative work 51,536
activities under those sections. 51,537
Sec. 5107.40. As used in sections 5107.40 to 5107.69 of 51,546
the Revised Code:
1139
(A) "Alternative work activity" means an activity designed 51,549
to promote self sufficiency and personal responsibility 51,550
established by a county department of human JOB AND FAMILY 51,551
services under section 5107.64 of the Revised Code. 51,552
(B) "Developmental activity" means an activity designed to 51,554
promote self sufficiency and personal responsibility established 51,555
by a county department of human JOB AND FAMILY services under 51,556
section 5107.62 of the Revised Code. 51,558
(C) "High school equivalence diploma" means a diploma 51,561
attesting to achievement of the equivalent of a high school 51,562
education as measured by scores obtained on the tests of general 51,563
educational development published by the American council on 51,565
education. "High school equivalence diploma" includes a 51,566
certificate of high school equivalence issued prior to January 1, 51,567
1994, attesting to the achievement of the equivalent of a high 51,568
school education as measured by scores obtained on tests of 51,569
general educational development. 51,570
(D) "Work activity" means the following: 51,573
(1) Unsubsidized employment activities established under 51,575
section 5107.60 of the Revised Code; 51,577
(2) The subsidized employment program established under 51,579
section 5107.52 of the Revised Code; 51,581
(3) The work experience program established under section 51,583
5107.54 of the Revised Code; 51,585
(4) On-the-job training activities established under 51,587
section 5107.60 of the Revised Code; 51,589
(5) The job search and readiness program established under 51,592
section 5107.50 of the Revised Code; 51,594
(6) Community service activities established under section 51,597
5107.60 of the Revised Code; 51,598
(7) Vocational educational training activities established 51,601
under section 5107.60 of the Revised Code; 51,603
(8) Jobs skills training activities established under 51,605
section 5107.60 of the Revised Code that are directly related to 51,608
1140
employment;
(9) Education activities established under section 5107.60 51,611
of the Revised Code that are directly related to employment for 51,613
participants of Ohio works first who have not earned a high 51,614
school diploma or high school equivalence diploma; 51,615
(10) Education activities established under section 51,617
5107.60 of the Revised Code for participants of Ohio works first 51,619
who have not completed secondary school or received a high school 51,621
equivalence diploma under which the participants attend a 51,622
secondary school or a course of study leading to a high school 51,623
equivalence diploma;
(11) Child-care service activities, including training, 51,625
established under section 5107.60 of the Revised Code to aid 51,626
another participant of Ohio works first assigned to a community 51,627
service activity or other work activity; 51,628
(12) The education program established under section 51,630
5107.58 of the Revised Code that are operated pursuant to a 51,633
federal waiver granted by the United States secretary of health 51,635
and human services pursuant to a request made under former 51,636
section 5101.09 of the Revised Code; 51,638
(13) Except as limited by division (C) of section 5107.30 51,640
of the Revised Code, the LEAP program established under that 51,643
section.
Sec. 5107.41. As soon as possible after an assistance 51,652
group submits an application to participate in Ohio works first, 51,653
the county department of human JOB AND FAMILY services that 51,654
receives the application shall schedule and conduct an appraisal 51,656
of each member of the assistance group who is a minor head of 51,657
household or adult. The appraisal may include an evaluation of 51,658
the employment, educational, physiological, and psychological 51,659
abilities or liabilities, or both, of the minor head of household 51,660
or adult. At the appraisal, the county department shall develop
with the minor head of household or adult a plan for the 51,661
assistance group to achieve the goal of self sufficiency and 51,662
1141
personal responsibility through unsubsidized employment within 51,663
the time limit for participating in the Ohio works first program 51,664
established by section 5107.18 of the Revised Code. The plan 51,667
shall include assignments to one or more work activities, 51,668
developmental activities, or alternative work activities in 51,669
accordance with section 5107.42 of the Revised Code. The county 51,671
department shall include the plan in the self-sufficiency 51,672
contract entered into under section 5107.14 of the Revised Code. 51,673
The county department shall conduct more appraisals of the 51,676
minor head of household or adult at times the county department 51,677
determines.
If the minor head of household or adult claims to have a 51,679
medically determinable physiological or psychological impairment, 51,681
illness, or disability, the county department may require that 51,682
the minor head of household or adult undergo an independent 51,683
medical or psychological examination at a time and place 51,684
reasonably convenient to the minor head of household or adult.
Sec. 5107.42. (A) Except as provided in divisions (B) and 51,694
(C) of this section, county departments of human JOB AND FAMILY 51,695
services shall assign each minor head of household and adult 51,696
participating in Ohio works first to one or more work activities 51,697
and developmental activities.
If a county department assigns a minor head of household or 51,700
adult to the work activity established under division (H) of
section 5107.60 of the Revised Code, the county department shall 51,703
make reasonable efforts to assign the minor head of household or 51,704
adult to at least one other work activity at the same time. If a 51,705
county department assigns a minor head of household or adult to 51,706
the work activity established under section 5107.58 of the 51,707
Revised Code, the county department shall assign the minor head 51,708
of household or adult to at least one other work activity at the 51,709
same time.
A county department may not assign a minor head of 51,711
household or adult to a work activity established under division 51,712
1142
(D) of section 5107.60 of the Revised Code for more than twelve 51,714
months.
(B) If a county department determines that a minor head of 51,717
household or adult has a temporary or permanent barrier to 51,718
participation in a work activity, it may assign the minor head of 51,719
household or adult to one or more alternative work activities 51,720
instead of assigning the minor head of household or adult to one 51,721
or more work activities or developmental activities. A county 51,722
department may not assign more than twenty per cent of minor 51,723
heads of household and adults participating in Ohio works first 51,724
to an alternative work activity. 51,725
County departments shall establish standards for 51,727
determining whether a minor head of household or adult has a 51,728
temporary or permanent barrier to participating in a work 51,729
activity. The following are examples of circumstances that a 51,730
county department may consider when it develops its standards: 51,732
(1) A minor head of household or adult provides the county 51,735
department documented evidence that one or more members of the 51,736
assistance group have been the victim of domestic violence and 51,737
are in imminent danger of suffering continued domestic violence; 51,738
(2) A minor head of household or adult is actively 51,741
participating in an alcohol or drug addiction program certified 51,742
by the department of alcohol and drug addiction services under 51,743
section 3793.06 of the Revised Code; 51,744
(3) An assistance group is homeless. 51,746
(C) A county department may exempt a minor head of 51,749
household or adult who is unmarried and caring for a minor child 51,750
under twelve months of age from the work requirements of sections 51,751
5107.40 to 5107.69 of the Revised Code for not more than twelve
months. While exempt, the minor head of household or adult shall 51,753
be disregarded in determining whether the county department is 51,754
meeting the requirement of section 5107.44 of the Revised Code.
The county department shall assign the exempt minor head of 51,755
household or adult to at least one developmental activity for a 51,756
1143
number of hours a week the county department determines. The 51,757
county department may assign the exempt minor head of household 51,758
or adult to one or more work activities, in addition to 51,759
developmental activities, for a number of hours the county 51,760
department determines. Division (B) of section 5107.43 of the 51,762
Revised Code does not apply to the exempt minor head of household 51,763
or adult.
(D) A county department may reassign a minor head of 51,765
household or adult when the county department determines 51,766
reassignment will aid the assistance group in achieving self 51,767
sufficiency and personal responsibility and shall make 51,768
reassignments when circumstances requiring reassignment occur, 51,769
including when a temporary barrier to participating in a work 51,770
activity is eliminated. 51,771
A county department shall include assignments in the 51,773
self-sufficiency contract entered into under section 5107.14 of 51,774
the Revised Code and shall amend the contract when a reassignment 51,776
is made to include the reassignment in the contract. 51,777
Sec. 5107.43. (A) After a minor head of household or 51,787
adult is assigned to a work activity, developmental activity, or 51,788
alternative work activity under section 5107.42 of the Revised 51,789
Code, a county department of human JOB AND FAMILY services shall 51,791
place the minor head of household or adult in the assigned 51,793
activity as soon as the activity becomes available. 51,794
(B)(1) Except as provided in rules adopted under section 51,796
5107.05 of the Revised Code, a minor head of household or adult 51,798
placed in one or more work activities or developmental activities 51,799
shall participate in the activities at least the following number 51,800
of hours each week as determined by the county department: 51,801
(a) In the case of a minor head of household or adult in 51,804
an assistance group that includes only one adult, thirty hours; 51,805
(b) In the case of adults in an assistance group that 51,808
includes two adults, thirty-five hours between the two adults. 51,809
(2) Of the hours specified in division (B)(1) of this 51,812
1144
section, a minor head of household or adult shall participate in 51,813
one or more work activities at least twenty hours a week. After 51,814
the minor head of household or adult has participated in a work 51,815
activity established under section 5107.58 of the Revised Code 51,816
for one thousand forty hours, the minor head of household or 51,817
adult may not participate in that work activity for more than 51,818
five hours a week. The minor head of household or adult may 51,819
participate in one or more developmental activities for up to ten 51,820
hours a week, including a developmental activity that is 51,822
identical to a work activity established under section 5107.58 of 51,823
the Revised Code.
(3) If a minor head of household or adult and county 51,825
department agree, the minor head of household or adult may 51,826
volunteer to participate in work activities and developmental 51,827
activities for more than the number of weekly hours the county 51,828
department determines under division (B)(1) of this section. 51,829
(C) A minor head of household or adult placed in one or 51,832
more alternative work activities shall participate in the 51,833
activities a number of hours each week a county department 51,834
determines.
Sec. 5107.44. County departments of human JOB AND FAMILY 51,843
services, on a statewide average basis, shall exceed the federal 51,846
minimum work activity participation rates established by section 51,847
407(a) of Title IV-A, 42 U.S.C.A. 607(a), by not less than five 51,849
percentage points.
Sec. 5107.50. There is hereby established, as a work 51,858
activity under Ohio works first, the job search and readiness 51,859
program under which applicants for and participants of Ohio works 51,860
first are trained in strategies and skills in obtaining 51,861
employment and engage in self-directed, job search activities. 51,862
County departments of human JOB AND FAMILY services shall develop 51,864
and administer the program and may utilize the services of 51,865
private or government entities under contract with the county 51,866
department or the state department of human JOB AND FAMILY 51,867
1145
services in operating the program. 51,869
A county department may assign a minor head of household or 51,872
adult applying for Ohio works first to the job search and
readiness program before the applicant's eligibility for Ohio 51,873
works first is determined. 51,874
An applicant or participant assigned to the job search and 51,876
readiness program may not participate in the program for more 51,877
than six weeks, unless the unemployment rate of the state is at 51,878
least fifty per cent greater than the unemployment rate of the 51,879
United States, in which case the applicant or participant may 51,882
participate in the program not more than twelve weeks. An 51,883
applicant or participant may not participate in the program more 51,884
than four consecutive weeks. For one time only per applicant or 51,885
participant, a county department shall consider the applicant or 51,886
participant to have participated in the program one week after 51,887
the applicant or participant participates for three or four, as 51,888
specified by the county department, days during the week. 51,889
Sec. 5107.52. (A) There is hereby established, as a work 51,899
activity under Ohio works first, the subsidized employment 51,900
program, under which private and government employers receive 51,902
payments from appropriations to the department of human JOB AND 51,903
FAMILY services for a portion of the costs of salaries, wages, 51,905
and benefits such employers pay to or on behalf of employees who 51,906
are participants of the subsidized employment program at the time 51,908
of employment.
(B) The director of human JOB AND FAMILY services may 51,910
redetermine rates of payments to employers under this section 51,911
annually.
(C) A state agency or political subdivision may create or 51,913
fill vacant full-time and part-time positions, including 51,914
classified and unclassified positions for those positions that 51,915
are included in the civil service under Chapter 124. of the 51,917
Revised Code, for or with participants of the subsidized 51,918
employment program. The department DIRECTOR shall specify in 51,919
1146
rules adopted under section 5107.05 of the Revised Code the 51,922
maximum amount of time the department will subsidize the 51,923
positions. After the subsidy expires, the agency or subdivision 51,924
may hire the participant for an unclassified position or as a 51,925
provisional employee in the classified civil service, if the 51,926
position is in the classified civil service, and the participant 51,927
shall become certified in the same manner as other provisional 51,928
employees. The director of administrative services may adopt 51,929
rules in accordance with Chapter 119. of the Revised Code 51,932
governing this division.
(D) Participants of the subsidized employment program for 51,936
whom payments are made under this section: 51,937
(1) Shall be considered regular employees of the employer, 51,939
entitled to the same employment benefits and opportunities for 51,940
advancement and affiliation with employee organizations that are 51,941
available to other regular employees of the employer, and the 51,942
employer shall pay premiums to the bureau of workers' 51,943
compensation on account of employees for whom payments are made; 51,944
(2) Shall be paid at the same rate as other employees 51,946
doing similar work for the employer. 51,947
(E) An agreement for employment of a subsidized employment 51,949
program participant by a private employer shall require that the 51,950
participant be given preference for any unsubsidized full-time 51,951
position with the employer that becomes available after the 51,952
participant completes any probationary or training period 51,953
specified in the agreement.
Sec. 5107.54. (A) There is hereby established, as a work 51,963
activity under Ohio works first, the work experience program. A 51,966
participant of Ohio works first placed in the program shall 51,968
receive work experience from private and government entities. 51,969
Participants of Ohio works first assigned to the work 51,972
experience program are not employees of the state department of 51,973
human JOB AND FAMILY services or a county department of human JOB 51,975
AND FAMILY services. The operation of the work experience 51,978
1147
program does not constitute the operation of an employment agency 51,979
by the state department of human JOB AND FAMILY services or a 51,980
county department of human JOB AND FAMILY services. 51,981
(B) County departments of human JOB AND FAMILY services 51,983
shall develop work projects to which participants of Ohio works 51,985
first are assigned under the work experience program. Work 51,986
projects may include assignments with private and government 51,987
entities. Examples of work projects a county department may 51,988
develop include unpaid internships, refurbishing publicly 51,989
assisted housing, and having a participant volunteer to work at 51,990
the head start agency in which the participant's minor child is 51,991
enrolled. Each county department shall make a list of the work 51,992
projects available to the public. 51,993
(C) Unless a county department of human JOB AND FAMILY 51,995
services pays the premiums for the entity, a private or 51,997
government entity with which a participant of Ohio works first is 51,999
placed in the work experience program shall pay premiums to the 52,001
bureau of workers' compensation on account of the participant.
Sec. 5107.541. A county department of human JOB AND FAMILY 52,010
services may contract with the chief administrator of a nonpublic 52,012
school or with any school district board of education that has 52,013
adopted a resolution under section 3319.089 of the Revised Code 52,014
to provide for a participant of the work experience program who 52,016
has a minor child enrolled in the nonpublic school or a public
school in the district to be assigned under the work experience 52,018
program to volunteer or work for compensation at the school in 52,019
which the child is enrolled. Unless it is not possible or 52,020
practical, a contract shall provide for a participant to 52,021
volunteer or work at the school as a classroom aide. If that is 52,022
impossible or impractical, the contract may provide for the 52,023
participant to volunteer to work in another position at the 52,024
school. A contract may provide for the nonpublic school or board 52,026
of education to receive funding to pay for coordinating, 52,027
training, and supervising participants volunteering or working in 52,028
1148
schools. 52,029
Notwithstanding section 3319.088 of the Revised Code, a 52,031
participant volunteering or working as a classroom aide under 52,032
this section is not required to obtain an educational aide permit 52,034
or paraprofessional license. The participant shall not be 52,035
considered an employee of a political subdivision for purposes of 52,036
Chapter 2744. of the Revised Code and is not entitled to any 52,038
immunity or defense available under that chapter, the common law
of this state, or section 9.86 of the Revised Code. 52,039
An assignment under this section shall include attending 52,042
academic home enrichment classes that provide instruction for
parents in creating a home environment that prepares and enables 52,043
children to learn at school. 52,044
Sec. 5107.58. In accordance with a federal waiver granted 52,054
by the United States secretary of health and human services 52,055
pursuant to a request made under former section 5101.09 of the 52,056
Revised Code, county departments of human JOB AND FAMILY services 52,057
may establish and administer as a work activity for minor heads 52,058
of households and adults participating in Ohio works first an 52,060
education program under which the participant is enrolled 52,061
full-time in post-secondary education leading to vocation at a 52,063
state institution of higher education, as defined in section
3345.031 of the Revised Code; a private nonprofit college or 52,065
university that possesses a certificate of authorization issued 52,066
by the Ohio board of regents pursuant to Chapter 1713. of the 52,068
Revised Code, or is exempted by division (E) of section 1713.02 52,071
of the Revised Code from the requirement of a certificate; a 52,072
school that holds a certificate of registration and program 52,073
authorization issued by the state board of proprietary school 52,074
registration under Chapter 3332. of the Revised Code; or a school 52,077
that has entered into a contract with the county department of
human JOB AND FAMILY services. The participant shall make 52,079
reasonable efforts, as determined by the county department, to 52,080
obtain a loan, scholarship, grant, or other assistance to pay for 52,081
1149
the tuition, including a federal Pell grant under 20 U.S.C.A. 52,084
1070a and an Ohio instructional grant under section 3333.12 of 52,087
the Revised Code. If the participant has made reasonable efforts
but is unable to obtain sufficient assistance to pay the tuition 52,088
the program may pay the tuition. On or after October 1, 1998, 52,089
the county department may enter into a loan agreement with the 52,091
participant to pay the tuition. The total period for which 52,092
tuition is paid and loans made shall not exceed two years. If 52,093
the participant, pursuant to division (B)(3) of section 5107.43 52,094
of the Revised Code, volunteers to participate in the education 52,097
program for more hours each week than the participant is assigned 52,098
to the program, the program may pay or the county department may 52,099
loan the cost of the tuition for the additional voluntary hours 52,100
as well as the cost of the tuition for the assigned number of 52,101
hours. The participant may receive, for not more than three 52,103
years, support services, including publicly funded child day-care 52,104
under Chapter 5104. of the Revised Code and transportation, that
the participant needs to participate in the program. To receive 52,105
support services in the third year, the participant must be, as 52,106
determined by the educational institution in which the 52,107
participant is enrolled, in good standing with the institution. 52,108
A county department that provides loans under this section 52,110
shall establish procedures governing loan application for and 52,111
approval and administration of loans granted pursuant to this 52,112
section.
Sec. 5107.60. In accordance with Title IV-A, federal 52,122
regulations, state law, the Title IV-A state plan prepared under 52,124
section 5101.80 of the Revised Code, and amendments to the plan, 52,125
county departments of human JOB AND FAMILY services shall 52,126
establish and administer the following work activities, in 52,128
addition to the work activities established under sections 52,129
5107.50, 5107.52, 5107.54, and 5107.58 of the Revised Code, for 52,130
minor heads of households and adults participating in Ohio works 52,131
first:
1150
(A) Unsubsidized employment activities, including 52,134
activities a county department determines are legitimate 52,135
entrepreneurial activities;
(B) On-the-job training activities, including training to 52,138
become an employee of a child day-care center or type A family 52,140
day-care home, authorized provider of a certified type B family 52,141
day-care home, or in-home aide;
(C) Community service activities including a program under 52,145
which a participant of Ohio works first who is the parent, 52,146
guardian, custodian, or specified relative responsible for the 52,147
care of a minor child enrolled in grade twelve or lower is 52,148
involved in the minor child's education on a regular basis; 52,149
(D) Vocational educational training activities; 52,151
(E) Jobs skills training activities that are directly 52,154
related to employment;
(F) Education activities that are directly related to 52,157
employment for participants who have not earned a high school 52,158
diploma or high school equivalence diploma; 52,159
(G) Education activities for participants who have not 52,162
completed secondary school or received a high school equivalence 52,163
diploma under which the participants attend a secondary school or 52,164
a course of study leading to a high school equivalence diploma; 52,165
(H) Child-care service activities aiding another 52,168
participant assigned to a community service activity or other 52,169
work activity. A county department may provide for a participant 52,170
assigned to this work activity to receive training necessary to
provide child-care services. 52,171
Sec. 5107.62. County departments of human JOB AND FAMILY 52,180
services shall establish and administer developmental activities 52,182
for minor heads of households and adults participating in Ohio 52,183
works first. In establishing developmental activities, county 52,184
departments are not limited by the restrictions that Title IV-A 52,186
imposes on work activities. Developmental activities may be 52,187
identical or similar to, or different from, work activities and 52,188
1151
alternative work activities. 52,189
In accordance with a federal waiver granted by the United 52,191
States secretary of health and human services pursuant to a 52,193
request made under former section 5101.09 of the Revised Code, a 52,194
county department may establish and administer a developmental 52,195
activity under which a minor head of household or adult attends a 52,196
school, special education program, or adult high school 52,197
continuation program that conforms to the minimum standards 52,198
prescribed by the state board of education or instructional 52,199
courses designed to prepare the minor head of household or adult 52,200
to earn a high school equivalence diploma. Pursuant to the 52,201
waiver, a minor head of household or adult assigned to this 52,202
developmental activity is required to earn a high school diploma, 52,203
adult education diploma, or high school equivalence diploma not 52,204
later than two years after the date the minor head of household 52,205
or adult is placed in the activity. 52,206
Sec. 5107.64. County departments of human JOB AND FAMILY 52,215
services shall establish and administer alternative work 52,217
activities for minor heads of households and adults participating 52,218
in Ohio works first. In establishing alternative work 52,219
activities, county departments are not limited by the 52,220
restrictions Title IV-A imposes on work activities. The 52,222
following are examples of alternative work activities that a 52,223
county department may establish: 52,224
(A) Parenting classes and life-skills training; 52,227
(B) Participation in an alcohol or drug addiction program 52,230
certified by the department of alcohol and drug addiction 52,231
services under section 3793.06 of the Revised Code; 52,233
(C) In the case of a homeless assistance group, finding a 52,236
home;
(D) In the case of a minor head of household or adult with 52,239
a disability, active work in an individual written rehabilitation 52,240
plan with the rehabilitation services commission; 52,241
(E) In the case of a minor head of household or adult who 52,244
1152
has been the victim of domestic violence, residing in a domestic 52,245
violence shelter, receiving counseling or treatment related to 52,246
the domestic violence, or participating in criminal justice 52,247
activities against the domestic violence offender; 52,248
(F) An education program under which a participant who 52,250
does not speak English attends English as a second language 52,251
course.
Sec. 5107.65. (A)(1) No participant of Ohio works first 52,260
shall be assigned to a work activity, developmental activity, or 52,261
alternative work activity when the employer removes or discharges 52,262
a person, for the purpose of substituting the participant in the 52,263
person's place, in any of the following circumstances: 52,264
(a) The person is already employed as a regular full-time 52,267
or part-time employee of the employer;
(b) The person has been employed full time or part time as 52,270
a participant in a work activity, developmental activity, or 52,271
alternative work activity;
(c) The person is or has been involved in a dispute 52,274
between a labor organization and the employer;
(d) The person is on layoff from the same or any 52,276
substantially equivalent job. 52,277
(B) No employer shall hire a participant of Ohio works 52,279
first part-time to circumvent hiring a full-time employee. 52,281
(C) County departments of human JOB AND FAMILY services 52,283
shall establish and maintain a grievance procedure for resolving 52,284
complaints by individuals or their representatives that the 52,285
assignment of a participant of Ohio works first violates this 52,286
section. 52,287
Sec. 5107.66. Subject to the availability of funds and 52,297
except as limited by section 5107.58 of the Revised Code, county 52,298
departments of human JOB AND FAMILY services shall provide for 52,301
participants of Ohio works first placed in a work activity,
developmental activity, or alternative work activity to receive 52,302
support services the county department determines to be 52,303
1153
necessary. County departments may provide for applicants of Ohio 52,304
works first placed in the work activity established under section 52,305
5107.50 of the Revised Code to receive support services the 52,306
county department determines to be necessary. Support services 52,307
may include publicly funded child day-care under Chapter 5104. of 52,309
the Revised Code, transportation, and other services. 52,310
Sec. 5107.68. (A) The county directors of human JOB AND 52,320
FAMILY services shall implement and enforce the requirements of 52,322
sections 5107.40 to 5107.69 of the Revised Code. State and local 52,324
agencies shall cooperate with county departments of human JOB AND 52,326
FAMILY services to the maximum extent possible in the 52,327
implementation of those sections. 52,328
(B) In employing persons to administer and supervise work 52,330
activities, developmental activities, and alternative work 52,332
activities under Ohio works first, a county department of human 52,334
JOB AND FAMILY services shall give first consideration to 52,336
applicants for and participants of Ohio works first, provided 52,337
such applicants and participants qualify for the administrative 52,340
and supervisory positions to be filled. An applicant or 52,341
participant shall be eligible for first consideration only within 52,343
the county in which the applicant applies for or participant 52,344
participates in Ohio works first. 52,345
(C) To the maximum extent practicable, necessary support 52,347
services provided under section 5107.66 of the Revised Code shall 52,349
be performed by participants of Ohio works first placed in a work 52,351
activity, developmental activity, or alternative work activity. 52,352
Sec. 5107.69. If the United States secretary of health and 52,361
human services informs the department of human JOB AND FAMILY 52,362
services that implementation of sections 5107.40 to 5107.69 of 52,363
the Revised Code jeopardizes federal funding for the Ohio works 52,364
first program, the department shall ensure that county 52,365
departments of human JOB AND FAMILY services require minor heads 52,367
of household and adults participating in Ohio works first to 52,369
participate in work activities, developmental activities, and 52,370
1154
alternative work activities in a manner consistent with 42 52,371
U.S.C.A. 607.
Sec. 5107.70. A county department of human JOB AND FAMILY 52,380
services, at times it determines, may conduct assessments of 52,382
assistance groups participating in Ohio works first to determine 52,383
whether any members of the group are in need of other assistance 52,384
or services provided by the county department or other private or 52,385
government entities. Assessments may include the following: 52,386
(A) Whether any member of the assistance group has a 52,389
substance abuse problem;
(B) Whether there are any other circumstances that may 52,392
limit an assistance group member's employability. 52,393
At the first assessment conducted by the county department, 52,395
it shall inquire as to whether any member of an assistance group 52,396
is the victim of domestic violence, including child abuse. The 52,397
county department shall provide this information to the state 52,398
department of human JOB AND FAMILY services. The state 52,399
department shall maintain the information for statistical 52,400
analysis purposes. 52,401
The county department may refer an assistance group member 52,404
to a private or government entity that provides assistance or 52,405
services the county department determines the member needs. The 52,406
entity may be a public children services agency, chapter of 52,407
alcoholics anonymous, narcotics anonymous, or cocaine anonymous, 52,408
or any other entity the county department considers appropriate. 52,409
Sec. 5107.72. Each county department of human JOB AND 52,418
FAMILY services shall refer a parent participating in Ohio works 52,421
first whose minor child is a member of the parent's assistance 52,422
group to any private or public agency, medical doctor, clinic, or 52,424
other person or organization which can advise the parent on 52,425
methods of controlling the size and spacing of the parent's 52,426
family, consistent with the parent's religious and moral views. 52,428
A county department shall document each referral it makes under 52,431
this section.
1155
Sec. 5107.76. As used in this section, "erroneous 52,441
payments" means payments of cash assistance made under Ohio works 52,442
first to assistance groups not eligible to receive the 52,443
assistance, including assistance paid as a result of 52,445
misrepresentation or fraud and assistance paid due to an error by 52,447
a member of an assistance group or a county department of human 52,448
JOB AND FAMILY services.
Except as provided in rules adopted under section 5107.05 52,450
of the Revised Code, each county department of human JOB AND 52,451
FAMILY services shall take action to recover erroneous payments. 52,453
Action may include reducing payments of cash assistance made 52,454
under Ohio works first to assistance groups that receive 52,456
erroneous payments or instituting a civil action. If a minor 52,457
child was a member of an assistance group that received an 52,459
erroneous payment but becomes a member of a new assistance group 52,460
that does not include a minor head of household or adult who also 52,461
was a member of the previous assistance group, a county 52,462
department shall not take action against the new assistance group 52,463
to recover the erroneous payment the previous assistance group 52,464
received.
Each county department of human JOB AND FAMILY services 52,466
shall retain fifty per cent of the nonfederal share of the 52,468
erroneous payments it, prior to October 1, 1996, determines 52,470
occurred under this section, regardless of when recovery is made. 52,471
The department of human JOB AND FAMILY services shall receive the 52,473
remaining fifty per cent of the nonfederal share of those 52,474
payments. Each county department shall retain twenty-five per 52,475
cent of erroneous payments it, on or after October 1, 1996, 52,476
determines occurred and recovers and the state department shall 52,478
receive the remaining seventy-five per cent.
Sec. 5107.78. The department of human JOB AND FAMILY 52,487
services shall include a notice with the following information 52,489
with each cash assistance payment provided under Ohio works first 52,491
to an assistance group residing in a county in which the computer 52,493
1156
system known as support enforcement tracking system is in
operation: 52,494
(A) The number of months the assistance group has 52,497
participated in Ohio works first and the remaining number of 52,498
months the assistance group may participate in the program as 52,499
limited by section 5107.18 of the Revised Code; 52,501
(B) The amount of support payments due a member of the 52,504
assistance group that a child support enforcement agency
collected and paid to the department pursuant to section 5107.20 52,505
of the Revised Code during the most recent month for which the 52,507
department has this information. 52,508
Sec. 5108.02. There is hereby established the prevention, 52,517
retention, and contingency program. The department of human JOB 52,518
AND FAMILY services shall administer the program, as long as 52,519
federal funds are provided for the program, in accordance with 52,520
Title IV-A, federal regulations, state law, the state Title IV-A 52,521
plan submitted to the United States secretary of health and human 52,522
services under section 5101.80 of the Revised Code, and 52,523
amendments to the plan. 52,524
Sec. 5108.07. The department of human JOB AND FAMILY 52,533
services shall develop a model design for the prevention, 52,535
retention, and contingency program that county departments of 52,536
human JOB AND FAMILY services may adopt under section 5108.08 of 52,539
the Revised Code. The model design must be consistent with Title 52,540
IV-A, federal regulations, state law, the Title IV-A state plan 52,542
submitted to the United States secretary of health and human 52,543
services under section 5101.80 of the Revised Code, and 52,544
amendments to the plan. The department shall not adopt NO rules 52,546
SHALL BE ADOPTED to develop the model design. The department 52,547
shall provide each county department a written copy of the model 52,548
design.
Sec. 5108.08. Each county department of human JOB AND 52,557
FAMILY services shall either adopt the model design for the 52,560
prevention, retention, and contingency program the state 52,561
1157
department of human JOB AND FAMILY services develops under 52,562
section 5108.07 of the Revised Code or develop its own policies 52,564
for the program. To develop its own policies, a county 52,565
department shall adopt a written statement of the policies 52,566
governing the program. The policies may be a modification of the 52,567
model design, different from the model design, or a combination. 52,568
The policies shall establish or specify eligibility requirements, 52,569
assistance or services to be provided under the program, 52,570
administrative requirements, and other matters the county 52,571
department determines necessary. A county department may amend 52,572
its statement of policies to modify, terminate, and establish new 52,573
policies. The policies must be consistent with Title IV-A, 52,575
federal regulations, state law, the Title IV-A state plan 52,578
submitted to the United States secretary of health and human 52,579
services under section 5101.80 of the Revised Code, and 52,580
amendments to the plan.
A county department OF JOB AND FAMILY SERVICES shall inform 52,582
the state department OF JOB AND FAMILY SERVICES of whether it has 52,585
adopted the model design or developed its own policies for the 52,586
prevention, retention, and contingency program. If a county 52,587
department develops its own policies, it shall provide the state 52,588
department a written copy of the statement of policies and any 52,589
amendments it adopts to the statement. 52,590
Sec. 5108.09. When a state hearing under division (B) of 52,600
section 5101.35 of the Revised Code or an administrative appeal 52,603
under division (C) of that section is held regarding the 52,604
prevention, retention, and contingency program, the hearing 52,605
officer, director of human JOB AND FAMILY services, or director's 52,606
designee shall base the decision in the hearing or appeal on the 52,607
following:
(A) If the county department of human JOB AND FAMILY 52,609
services involved in the hearing or appeal adopted the state 52,611
department of human JOB AND FAMILY services' model design for the 52,612
program developed under section 5108.07 of the Revised Code, the 52,614
1158
model design;
(B) If the county department developed its own policies 52,616
for the program, the county department's written statement of 52,617
policies adopted under section 5108.08 of the Revised Code and 52,619
any amendments the county department adopted to the statement. 52,620
Sec. 5108.10. An assistance group seeking to participate 52,629
in the prevention, retention, and contingency program shall apply 52,631
to a county department of human JOB AND FAMILY services using an 52,632
application containing information the county department 52,634
requires.
When a county department receives an application for 52,636
participation in the prevention, retention, and contingency 52,637
program, it shall promptly make an investigation and record of 52,638
the circumstances of the applicant in order to ascertain the 52,639
facts surrounding the application and to obtain such other 52,640
information as may be required. On completion of the 52,641
investigation, the county department shall determine whether the 52,642
applicant is eligible to participate, the assistance or services 52,643
the applicant should receive, and the approximate date when 52,644
participation is to begin. 52,645
Sec. 5111.01. As used in this chapter, "medical assistance 52,654
program" or "medicaid" means the program that is authorized by 52,656
this section and provided by the department of human JOB AND 52,658
FAMILY services under this chapter, Title XIX of the "Social 52,660
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, 52,661
and the waivers of Title XIX requirements granted to the 52,663
department by the health care financing administration of the 52,664
United States department of health and human services. 52,667
(A) The department of human JOB AND FAMILY services may 52,669
provide medical assistance under the medicaid program as long as 52,671
federal funds are provided for such assistance, to the following: 52,672
(1) Families with children that meet either of the 52,675
following conditions: 52,676
(a) The family meets the income, resource, and family 52,679
1159
composition requirements in effect on July 16, 1996, for the 52,680
former aid to dependent children program as those requirements 52,681
were established by Chapter 5107. of the Revised Code, federal 52,684
waivers granted pursuant to requests made under former section 52,685
5101.09 of the Revised Code, and rules adopted by the department 52,688
or any changes the department makes to those requirements in
accordance with paragraph (a)(2) of section 114 of the "Personal 52,690
Responsibility and Work Opportunity Reconciliation Act of 1996," 52,691
110 Stat. 2177, 42 U.S.C.A. 1396u-1, for the purpose of 52,693
implementing section 5111.019 of the Revised Code. An adult 52,694
loses eligibility for medical assistance under division (A)(1)(a) 52,697
of this section pursuant to division (E) of section 5107.16 of 52,699
the Revised Code. 52,701
(b) The family does not meet the requirements specified in 52,704
division (A)(1)(a) of this section but is eligible for medical 52,707
assistance pursuant to section 5101.18 of the Revised Code. 52,708
(2) Aged, blind, and disabled persons who meet the 52,710
following conditions: 52,711
(a) Receive federal aid under Title XVI of the "Social 52,713
Security Act," or are eligible for but are not receiving such 52,714
aid, provided that the income from all other sources for 52,715
individuals with independent living arrangements shall not exceed 52,716
one hundred seventy-five dollars per month. The income standards 52,717
hereby established shall be adjusted annually at the rate that is 52,718
used by the United States department of health and human services 52,720
to adjust the amounts payable under Title XVI. 52,721
(b) Do not receive aid under Title XVI, but meet any of 52,723
the following criteria: 52,724
(i) Would be eligible to receive such aid, except that 52,726
their income, other than that excluded from consideration as 52,727
income under Title XVI, exceeds the maximum under division 52,728
(A)(2)(a) of this section, and incurred expenses for medical 52,729
care, as determined under federal regulations applicable to 52,730
section 209(b) of the "Social Security Amendments of 1972," 86 52,731
1160
Stat. 1381, 42 U.S.C.A. 1396a(f), as amended, equal or exceed the 52,732
amount by which their income exceeds the maximum under division 52,733
(A)(2)(a) of this section; 52,734
(ii) Received aid for the aged, aid to the blind, or aid 52,736
for the permanently and totally disabled prior to January 1, 52,737
1974, and continue to meet all the same eligibility requirements; 52,738
(iii) Are eligible for medical assistance pursuant to 52,740
section 5101.18 of the Revised Code. 52,741
(3) Persons to whom federal law requires, as a condition 52,743
of state participation in the medicaid program, that medical 52,744
assistance be provided; 52,745
(4) Persons under age twenty-one who meet the income 52,747
requirements for the Ohio works first program established under 52,748
Chapter 5107. of the Revised Code but do not meet other 52,750
eligibility requirements for the program. The department 52,752
DIRECTOR shall adopt rules in accordance with Chapter 119. of the 52,754
Revised Code specifying which Ohio works first requirements shall 52,756
be waived for the purpose of providing medicaid eligibility under 52,758
division (A)(4) of this section.
(B) If funds are appropriated for such purpose by the 52,760
general assembly, the department may provide medical assistance 52,761
to persons in groups designated by federal law as groups to which 52,763
a state, at its option, may provide medical assistance under the 52,764
medicaid program.
(C) The department may expand eligibility for medical 52,767
assistance to include individuals under age nineteen with family 52,768
incomes at or below one hundred fifty per cent of the federal 52,769
poverty guidelines, except that the eligibility expansion shall 52,770
not occur unless the department receives the approval of the 52,771
federal government. The department may implement the eligibility 52,772
expansion authorized under this division on any date selected by 52,773
the department, but not sooner than January 1, 1998. 52,775
(D) In addition to any other authority or requirement to 52,778
adopt rules under this chapter, the department DIRECTOR may adopt 52,779
1161
rules in accordance with section 111.15 of the Revised Code as it 52,782
THE DIRECTOR considers necessary to establish standards, 52,783
procedures, and other requirements regarding the provision of 52,784
medical assistance. The rules may establish requirements to be 52,785
followed in applying for medical assistance, making 52,786
determinations of eligibility for medical assistance, and
verifying eligibility for medical assistance. The rules may 52,787
include special conditions as the department determines 52,788
appropriate for making applications, determining eligibility, and 52,790
verifying eligibility for any medical assistance that the
department may provide pursuant to division (C) of this section 52,792
and section 5111.014 or 5111.019 of the Revised Code.
Sec. 5111.011. (A) As used in this section: 52,801
(1) "Nursing facility" means a facility defined as a 52,803
nursing facility under Sec. 1919 of the "Social Security Act," 49 52,804
Stat. 620 (1935), 42 U.S.C. 1396r, as amended. 52,805
(2) "Institutionalized individual" means an individual who 52,807
is a patient in a nursing facility or who receives home and 52,808
community-based services under a federal waiver granted the 52,809
department of human JOB AND FAMILY services under 42 U.S.C. 52,810
1396a(10)(A)(ii)(VI). 52,811
(B) Subject to this section, the department DIRECTOR of 52,813
human JOB AND FAMILY services shall, pursuant to section 111.15 52,814
of the Revised Code, adopt rules establishing eligibility 52,816
requirements for the medical assistance program and defining, 52,817
consistent with federal law, the term "resources" as used in this 52,818
section.
(C) In determining eligibility for medical assistance, the 52,820
value of real property of aged, blind, or disabled persons used 52,822
as a homestead by such persons shall be the maximum allowed under 52,823
Title XVI of the "Social Security Act." 52,824
(D) Except as provided in division (G) of this section, no 52,828
person is eligible for medical assistance if on or prior to 52,829
December 31, 1989, the person has transferred real or personal 52,830
1162
property for the purpose of securing medical assistance under
section 5111.01 of the Revised Code and the transfer occurred 52,831
during the two years preceding the person's application. In 52,832
order to secure compliance with this division, the director of 52,833
human JOB AND FAMILY services shall require all applicants for 52,834
assistance to submit true and correct copies of any federal 52,835
income or gift tax form or schedule filed, singly or jointly, by 52,836
the applicant during the preceding five taxable years. Such 52,837
copies, and the information disclosed thereon, shall be used 52,838
solely for the purpose of determining the probability of whether 52,839
the applicant has transferred assets in violation of this 52,840
division. The director shall provide for the confidentiality and 52,841
return of any copies of forms or schedules submitted under this 52,842
division. Where such copies reveal the probability that an 52,843
applicant has transferred assets in violation of this division, a 52,844
presumption arises that the applicant has transferred assets in 52,845
violation of this division, and the director shall deny the 52,846
application until the applicant submits a true and accurate 52,847
expenditure statement to the director that shows the applicant 52,848
did not violate this division. The director of human JOB AND 52,849
FAMILY services shall adopt rules to implement this provision. 52,850
(E)(1) Except as provided in division (G) of this section, 52,853
an institutionalized individual who is otherwise eligible for 52,854
medical assistance shall be ineligible for nursing facility 52,855
services or services provided under a home and community-based 52,856
waiver for a period specified in rules adopted under division 52,857
(E)(2) of this section if the institutionalized individual, on or 52,858
after January 1, 1990, transfers resources for less than fair 52,859
market value at any time during or after a period of time, as 52,860
specified in rules adopted under division (E)(2) of this section, 52,861
immediately prior to either of the following: 52,862
(a) The date the individual becomes an institutionalized 52,864
individual if the individual is eligible for medical assistance 52,866
on that date;
1163
(b) The date the individual applies for medical assistance 52,868
while an institutionalized individual. 52,869
(2) The department DIRECTOR shall adopt rules specifying, 52,871
for the purpose of division (E)(1) of this section, the period of 52,873
time preceding institutionalization or application for medical 52,874
assistance during which transfers of assets for less than fair 52,875
market value are prohibited and the length of the resulting 52,876
period of ineligibility. The period of ineligibility shall begin 52,877
with the month in which the resources were transferred. The 52,878
rules shall be consistent with Title XIX of the "Social Security 52,879
Act. The department shall allow exceptions to the period of 52,880
ineligibility to the extent that exceptions are permitted by that 52,881
title. An exception based on undue hardship to the 52,882
institutionalized individual shall be allowed only so long as the 52,883
individual cooperates with the department or the county 52,884
department of human JOB AND FAMILY services in securing the 52,886
return of transferred resources. 52,887
(3) To secure compliance with this division, the 52,889
department may require applicants for and recipients of medical 52,890
assistance, as a condition of eligibility, to provide 52,891
documentation of their income and resources up to five years 52,892
prior to the time of application. Documentation may include, but 52,893
is not limited to, tax returns, records from financial 52,894
institutions, and real property records. 52,895
(F) The department DIRECTOR shall, by rule adopted in 52,897
accordance with section 111.15 of the Revised Code, establish 52,899
standards consistent with federal law for allocating income and 52,900
resources as income and resources of the spouse, children, 52,901
parents, or stepparents of a recipient of or applicant for 52,902
medical assistance. Notwithstanding any provision of state law, 52,903
including statutes, administrative rules, common law, and court 52,904
rules, regarding real or personal property or domestic relations, 52,905
the standards established under this division shall be used to 52,906
determine eligibility for medical assistance. 52,907
1164
(G) The department DIRECTOR may, by rule adopted in 52,910
accordance with section 111.15 of the Revised Code, exempt 52,912
individuals who apply for or receive any medical assistance that 52,913
may be provided pursuant to division (C) of section 5111.01 of 52,915
the Revised Code from some or all of the requirements of this 52,917
section.
Sec. 5111.012. The county department of human JOB AND 52,926
FAMILY services of each county shall establish the eligibility 52,929
for medical assistance of persons living in the county, and shall 52,931
notify the department of human JOB AND FAMILY services in the 52,932
manner prescribed by the department. The county shall be 52,934
reimbursed for administrative expenditures in accordance with 52,935
sections 5101.16, 5101.161, and 5701.01 of the Revised Code. 52,937
Expenditures for medical assistance shall be made from funds 52,939
appropriated to the department of human JOB AND FAMILY services
for public assistance subsidies. The program shall conform to 52,941
the requirements of the "Social Security Act," 49 Stat. 620 52,943
(1935), 42 U.S.C.A. 301, as amended.
Sec. 5111.013. (A) The provision of medical assistance to 52,952
pregnant women and young children who are eligible for medical 52,953
assistance under division (A)(3) of section 5111.01 of the 52,954
Revised Code, but who are not otherwise eligible for medical 52,955
assistance under that section, shall be known as the healthy 52,956
start program. 52,957
(B) The department of human JOB AND FAMILY services shall 52,959
do all of the following with regard to the application procedures 52,960
for the healthy start program and the Ohio children's health care 52,961
program: 52,962
(1) Establish a short application form for each or both 52,964
programs THE PROGRAM that requires the applicant to provide no 52,965
more information than is necessary for making determinations of 52,966
eligibility for the healthy start or Ohio children's health care 52,967
program, except that the form may require applicants to provide 52,968
their social security numbers. The form shall include a 52,969
1165
statement, which must be signed by the applicant, indicating that 52,970
she does not choose at the time of making application for the 52,971
program to apply for assistance provided under any other program 52,972
administered by the department and that she understands that she 52,973
is permitted at any other time to apply at the county department 52,974
of human JOB AND FAMILY services of the county in which she 52,975
resides for any other assistance administered by the department. 52,977
(2) To the extent permitted by federal law, do one or both 52,979
of the following: 52,980
(a) Distribute the application form for the programs 52,982
PROGRAM to each public or private entity that serves as a women, 52,983
infants, and children clinic or as a child and family health 52,984
clinic and to each administrative body for such clinics and train 52,985
employees of each such agency or entity to provide applicants 52,986
assistance in completing the form; 52,987
(b) In cooperation with the department of health, develop 52,989
arrangements under which employees of county departments of human 52,990
JOB AND FAMILY services are stationed at public or private 52,992
agencies or entities selected by the department of human JOB AND 52,993
FAMILY services that serve as women, infants, and children 52,995
clinics; child and family health clinics; or administrative 52,996
bodies for such clinics for the purpose both of assisting 52,997
applicants for the programs PROGRAM in completing the application 52,998
form and of making determinations at that location of eligibility 52,999
for the programs PROGRAM.
(3) Establish performance standards by which a county 53,001
department of human JOB AND FAMILY services' level of enrollment 53,002
of persons potentially eligible for each THE program can be 53,004
measured, and establish acceptable levels of enrollment for each 53,005
county department.
(4) Direct any county department of human JOB AND FAMILY 53,007
services whose rate of enrollment of potentially eligible 53,010
enrollees in either THE program is below acceptable levels 53,012
established under division (B)(3) of this section to implement 53,013
1166
corrective action. Corrective action may include but is not 53,014
limited to any one or more of the following to the extent 53,015
permitted by federal law:
(a) Establishing formal referral and outreach methods with 53,017
local health departments and local entities receiving funding 53,018
through the bureau of maternal and child health; 53,019
(b) Designating a specialized intake unit within the 53,021
county department for healthy start and Ohio health care program 53,023
applicants;
(c) Establishing abbreviated timeliness requirements to 53,025
shorten the time between receipt of an application and the 53,026
scheduling of an initial application interview; 53,027
(d) Establishing a system for telephone scheduling of 53,029
intake interviews for applicants; 53,030
(e) Establishing procedures to minimize the time an 53,032
applicant must spend in completing the application and 53,033
eligibility determination process, including permitting 53,034
applicants to complete the process at times other than the 53,035
regular business hours of the county department and at locations 53,037
other than the offices of the county department. 53,038
(C) To the extent permitted by federal law, local funds, 53,040
whether from public or private sources, expended by a county 53,041
department for administration of the healthy start and Ohio 53,043
children's health care programs PROGRAM shall be considered to 53,044
have been expended by the state for the purpose of determining 53,046
the extent to which the state has complied with any federal 53,047
requirement that the state provide funds to match federal funds 53,048
for medical assistance, except that this division shall not 53,049
affect the amount of funds the county is entitled to receive 53,051
under section 5101.16, 5101.161, or 5111.012 of the Revised Code. 53,053
(D) The director of human JOB AND FAMILY services shall do 53,055
one or both of the following: 53,056
(1) To the extent that federal funds are provided for such 53,058
assistance, adopt a plan for granting presumptive eligibility for 53,059
1167
pregnant women applying for healthy start; 53,060
(2) To the extent permitted by federal medicaid 53,062
regulations, adopt a plan for making same-day determinations of 53,063
eligibility for pregnant women applying for healthy start. 53,064
(E) A county department of human JOB AND FAMILY services 53,066
that maintains offices at more than one location shall accept 53,068
applications for the healthy start program and the Ohio 53,070
children's health care program at all of those locations. 53,071
(F) The director of human JOB AND FAMILY services shall 53,073
adopt rules in accordance with section 111.15 of the Revised Code 53,075
as necessary to implement this section. 53,076
Sec. 5111.014. (A) The director of human JOB AND FAMILY 53,085
services shall submit to the United States secretary of health 53,087
and human services an amendment to the state medicaid plan to 53,088
make an individual who meets all of the following requirements 53,089
eligible for medicaid:
(1) The individual is pregnant; 53,091
(2) The individual's family income does not exceed one 53,093
hundred fifty per cent of the federal poverty guidelines; 53,094
(3) The individual satisfies all relevant requirements 53,096
established by rules adopted under division (D) of section 53,097
5111.01 of the Revised Code.
(B) If approved by the United States secretary of health 53,100
and human services, the director of human JOB AND FAMILY services 53,101
shall implement the medicaid plan amendment submitted under 53,102
division (A) of this section as soon as possible after receipt of 53,103
notice of the approval, but not sooner than January 1, 2000. 53,104
Sec. 5111.015. (A) If the United States secretary of 53,113
health and human services grants a waiver of any contrary federal 53,114
requirements governing the medical assistance program or the 53,115
director of human JOB AND FAMILY services determines that there 53,116
are no contrary federal requirements, divisions (A)(1) and (2) of 53,118
this section apply to determinations of eligibility under this 53,119
chapter:
1168
(1) In determining the eligibility of an assistance group 53,121
for assistance under this chapter, the department of human JOB 53,122
AND FAMILY services shall exclude from the income and resources 53,123
applicable to the assistance group the value of any tuition 53,124
payment contract entered into under section 3334.09 of the 53,125
Revised Code or any scholarship awarded under section 3334.18 of 53,126
the Revised Code and the amount of payments made by the Ohio 53,127
tuition trust authority under section 3334.09 of the Revised Code 53,128
pursuant to the contract or scholarship. 53,129
(2) The department shall not require any person to 53,131
terminate a tuition payment contract entered into under Chapter 53,132
3334. of the Revised Code as a condition of an assistance group's 53,133
eligibility for assistance under this chapter. 53,134
(B) To the extent required by federal law, the department 53,136
shall include as income any refund paid under section 3334.10 of 53,137
the Revised Code to a member of the assistance group. 53,138
(C) Not later than sixty days after the effective date of 53,140
this section JULY 1, 1994, the department shall apply to the 53,142
United States department of health and human services for a 53,143
waiver of any federal requirements that otherwise would be 53,144
violated by implementation of division (A) of this section. 53,145
Sec. 5111.016. As used in this section, "healthcheck" has 53,154
the same meaning as in section 3313.714 of the Revised Code. 53,155
In accordance with federal law and regulations, the 53,157
department of human JOB AND FAMILY services shall establish a 53,158
combination of written and oral methods designed to provide 53,160
information about healthcheck to all persons eligible for the 53,161
program or their parents or guardians. The department shall 53,162
ensure that its methods of providing information are effective. 53,163
Each county department of human JOB AND FAMILY services or 53,165
other entity that distributes or accepts applications for medical 53,167
assistance shall prominently display in a conspicuous place the 53,168
following notice: 53,169
"Under state and federal law, if you are a Medicaid 53,171
1169
recipient, your child is entitled to a thorough medical 53,172
examination provided through Healthcheck. Once this examination 53,173
is completed, your child is entitled to receive, at no cost to 53,174
you, any service determined to be medically necessary." 53,175
Sec. 5111.017. The department of human JOB AND FAMILY 53,184
services shall establish a program for substance abuse assessment 53,187
and treatment referral for recipients of medical assistance under 53,188
this chapter who are pregnant and are required by statute or rule 53,189
of the department to receive medical services through a managed 53,190
care organization. Each such pregnant woman shall be screened 53,191
for alcohol and other drug use at her first prenatal medical 53,192
examination.
The department of human JOB AND FAMILY services shall 53,194
require each managed care organization providing services to 53,196
medical assistance recipients pursuant to a contract with the 53,197
department of human JOB AND FAMILY services to inform persons who 53,198
will provide prenatal medical services to a pregnant recipient 53,199
about the requirements of this section. The department also 53,200
shall require persons providing prenatal medical services to a 53,201
pregnant recipient pursuant to the managed care organization's 53,202
contract with the department to do both of the following if the 53,203
person providing prenatal medical services, following screening, 53,204
determines the recipient may have a substance abuse problem: 53,205
(A) Refer the recipient to an organization certified by 53,209
the department of alcohol and drug addiction services for 53,210
assessment;
(B) Inform the recipient of the possible effects of 53,212
alcohol and other drug use on the fetus. 53,213
The department DIRECTOR of human JOB AND FAMILY services, 53,216
in consultation with the department DIRECTOR of alcohol and drug 53,217
addiction services, shall adopt rules in accordance with Chapter 53,219
119. of the Revised Code necessary to implement this section. 53,220
Sec. 5111.018. (A) The provision of medical assistance 53,229
under this chapter shall include coverage of inpatient care and 53,230
1170
follow-up care for a mother and her newborn as follows: 53,231
(1) The medical assistance program shall cover a minimum 53,234
of forty-eight hours of inpatient care following a normal vaginal 53,235
delivery and a minimum of ninety-six hours of inpatient care 53,236
following a cesarean delivery. Services covered as inpatient 53,237
care shall include medical, educational, and any other services 53,238
that are consistent with the inpatient care recommended in the 53,239
protocols and guidelines developed by national organizations that 53,240
represent pediatric, obstetric, and nursing professionals.
(2) The medical assistance program shall cover a 53,242
physician-directed source of follow-up care. Services covered as 53,243
follow-up care shall include physical assessment of the mother 53,244
and newborn, parent education, assistance and training in breast 53,245
or bottle feeding, assessment of the home support system, 53,246
performance of any medically necessary and appropriate clinical 53,247
tests, and any other services that are consistent with the 53,248
follow-up care recommended in the protocols and guidelines 53,249
developed by national organizations that represent pediatric, 53,250
obstetric, and nursing professionals. The coverage shall apply 53,251
to services provided in a medical setting or through home health 53,252
care visits. The coverage shall apply to a home health care 53,253
visit only if the health care professional who conducts the visit 53,254
is knowledgeable and experienced in maternity and newborn care.
When a decision is made in accordance with division (B) of 53,256
this section to discharge a mother or newborn prior to the 53,257
expiration of the applicable number of hours of inpatient care 53,258
required to be covered, the coverage of follow-up care shall 53,259
apply to all follow-up care that is provided within forty-eight 53,260
hours after discharge. When a mother or newborn receives at 53,261
least the number of hours of inpatient care required to be
covered, the coverage of follow-up care shall apply to follow-up 53,262
care that is determined to be medically necessary by the health 53,263
care professionals responsible for discharging the mother or 53,264
newborn.
1171
(B) Any decision to shorten the length of inpatient stay 53,267
to less than that specified under division (A)(1) of this section 53,269
shall be made by the physician attending the mother or newborn, 53,270
except that if a nurse-midwife is attending the mother in 53,271
collaboration with a physician, the decision may be made by the 53,272
nurse-midwife. Decisions regarding early discharge shall be made 53,273
only after conferring with the mother or a person responsible for 53,274
the mother or newborn. For purposes of this division, a person 53,275
responsible for the mother or newborn may include a parent, 53,276
guardian, or any other person with authority to make medical 53,277
decisions for the mother or newborn.
(C) The department of human JOB AND FAMILY services, in 53,279
administering the medical assistance program, may not do either 53,280
of the following:
(1) Terminate the participation of a health care 53,282
professional or health care facility as a provider under the 53,283
program solely for making recommendations for inpatient or 53,284
follow-up care for a particular mother or newborn that are 53,285
consistent with the care required to be covered by this section; 53,287
(2) Establish or offer monetary or other financial 53,289
incentives for the purpose of encouraging a person to decline the 53,291
inpatient or follow-up care required to be covered by this
section. 53,292
(D) This section does not do any of the following: 53,295
(1) Require the medical assistance program to cover 53,297
inpatient or follow-up care that is not received in accordance 53,298
with the program's terms pertaining to the health care 53,299
professionals and facilities from which an individual is
authorized to receive health care services. 53,300
(2) Require a mother or newborn to stay in a hospital or 53,303
other inpatient setting for a fixed period of time following
delivery; 53,304
(3) Require a child to be delivered in a hospital or other 53,307
inpatient setting;
1172
(4) Authorize a nurse-midwife to practice beyond the 53,309
authority to practice nurse-midwifery in accordance with Chapter 53,311
4723. of the Revised Code; 53,313
(5) Establish minimum standards of medical diagnosis, 53,315
care, or treatment for inpatient or follow-up care for a mother 53,316
or newborn. A deviation from the care required to be covered 53,317
under this section shall not, on the basis of this section, give 53,318
rise to a medical claim or derivative medical claim, as those 53,319
terms are defined in section 2305.11 of the Revised Code. 53,322
Sec. 5111.019. (A) The director of human JOB AND FAMILY 53,331
services shall submit to the United States secretary of health 53,333
and human services an amendment to the state medicaid plan to 53,335
make an individual who meets all of the following requirements 53,336
eligible for medicaid for the amount of time provided by division 53,337
(B) of this section:
(1) The individual is the parent of a child under nineteen 53,339
years of age and resides with the child; 53,340
(2) The individual's family income does not exceed one 53,342
hundred per cent of the federal poverty guidelines; 53,343
(3) The individual is not otherwise eligible for medicaid; 53,345
(4) The individual satisfies all relevant requirements 53,347
established by rules adopted under division (D) of section 53,348
5111.01 of the Revised Code. 53,349
(B) An individual is eligible to receive medicaid under 53,351
this section for a period that does not exceed two years 53,352
beginning on the date on which eligibility is established. 53,353
(C) If approved by the United States secretary of health 53,356
and human services and the director of human JOB AND FAMILY 53,357
services, the director shall implement the medicaid plan 53,359
amendment submitted under this section not sooner than July 1, 53,360
2000. If a federal waiver is necessary for the United States 53,361
secretary to approve the amendment, the director of human JOB AND 53,362
FAMILY services shall submit a waiver request to the United 53,364
States secretary not later than ninety days after the effective 53,365
1173
date of this section.
Sec. 5111.02. (A) Under the medical assistance program: 53,374
(1) Reimbursement by the department of human JOB AND 53,376
FAMILY services to a medical provider for any medical service 53,378
rendered under the program shall not exceed the authorized 53,379
reimbursement level for the same service under the medicare 53,380
program established under Title XVIII of the "Social Security 53,381
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended. 53,382
(2) Reimbursement for freestanding medical laboratory 53,384
charges shall not exceed the customary and usual fee for 53,385
laboratory profiles. 53,386
(3) The department may deduct from payments for services 53,388
rendered by a medicaid provider under the medical assistance 53,389
program any amounts the provider owes the state as the result of 53,390
incorrect medical assistance payments the department has made to 53,391
the provider. 53,392
(4) The department may conduct final fiscal audits in 53,394
accordance with the applicable requirements set forth in federal 53,395
laws and regulations and determine any amounts the provider may 53,396
owe the state. When conducting final fiscal audits, the 53,397
department shall consider generally accepted auditing standards, 53,398
which include the use of statistical sampling. 53,399
(5) To the maximum extent that federal laws and 53,401
regulations permit the implementation of such a policy, the 53,402
department may institute a copayment program for all services 53,403
provided under the medical assistance program. The program shall 53,404
be administered in accordance with the applicable requirements 53,405
set forth in federal laws and regulations. 53,406
(6) The number of days of inpatient hospital care for 53,408
which reimbursement is made on behalf of a recipient of medical 53,409
assistance to a hospital that is not paid under a 53,410
diagnostic-related-group prospective payment system shall not 53,411
exceed thirty days during a period beginning on the day of the 53,412
recipient's admission to the hospital and ending sixty days after 53,413
1174
the termination of that hospital stay, except that the department 53,414
may make exceptions to this limitation. The limitation does not 53,415
apply to children participating in the program for medically 53,416
handicapped children established under section 3701.023 of the 53,417
Revised Code. 53,418
(B) The director of human JOB AND FAMILY services may 53,420
adopt, amend, or rescind rules under Chapter 119. of the Revised 53,421
Code establishing the amount, duration, and scope of medical 53,422
services to be included in the medical assistance program. Such 53,423
rules shall establish the conditions under which services are 53,424
covered and reimbursed, the method of reimbursement applicable to 53,425
each covered service, and the amount of reimbursement or, in lieu 53,426
of such amounts, methods by which such amounts are to be 53,427
determined for each covered service. Any rules that pertain to 53,428
nursing facilities or intermediate care facilities for the 53,429
mentally retarded shall be consistent with sections 5111.20 to 53,430
5111.33 of the Revised Code. 53,431
(C) No health insuring corporation that has a contract to 53,435
provide health care services to recipients of medical assistance 53,436
shall restrict the availability to its enrollees of any 53,437
prescription drugs included in the Ohio medicaid drug formulary 53,438
as established under rules of ADOPTED BY the department DIRECTOR. 53,439
(D) The division of any reimbursement between a 53,441
collaborating physician or podiatrist and a clinical nurse 53,442
specialist, certified nurse-midwife, or certified nurse 53,443
practitioner for services performed by the nurse shall be 53,444
determined and agreed on by the nurse and collaborating physician 53,445
or podiatrist. In no case shall reimbursement exceed the payment
that the physician or podiatrist would have received had the 53,446
physician or podiatrist provided the entire service. 53,448
Sec. 5111.021. Under the medical assistance program, any 53,457
amount determined to be owed the state by a final fiscal audit 53,458
conducted pursuant to division (A)(4) of section 5111.02 of the 53,459
Revised Code, upon the issuance of an adjudication order pursuant 53,460
1175
to Chapter 119. of the Revised Code that contains a finding that 53,461
there is a preponderance of the evidence that the provider will 53,462
liquidate assets or file bankruptcy in order to prevent payment 53,463
of the amount determined to be owed the state, becomes a lien 53,464
upon the real and personal property of the provider. Upon 53,465
failure of the provider to pay the amount to the state, the 53,466
director of human JOB AND FAMILY services shall file notice of 53,467
the lien, for which there shall be no charge, in the office of 53,468
the county recorder of the county in which it is ascertained that 53,469
the provider owns real or personal property. The director shall 53,470
notify the provider by mail of the lien, but absence of proof 53,471
that the notice was sent does not affect the validity of the 53,472
lien. The lien is not valid as against the claim of any 53,473
mortgagee, pledgee, purchaser, judgment creditor, or other 53,474
lienholder of record at the time the notice is filed. 53,475
If the provider acquires real or personal property after 53,477
notice of the lien is filed, the lien shall not be valid as 53,478
against the claim of any mortgagee, pledgee, subsequent bona fide 53,479
purchaser for value, judgment creditor, or other lienholder of 53,480
record to such after-acquired property unless the notice of lien 53,481
is refiled after the property is acquired by the provider and 53,482
before the competing lien attaches to the after-acquired property 53,483
or before the conveyance to the subsequent bona fide purchaser 53,484
for value. 53,485
When the amount has been paid, the provider may record with 53,487
the recorder notice of the payment. For recording such notice of 53,488
payment, the recorder shall charge and receive from the provider 53,489
a fee of one dollar. 53,490
In the event of a distribution of a provider's assets 53,492
pursuant to an order of any court under the law of this state 53,493
including any receivership, assignment for benefit of creditors, 53,494
adjudicated insolvency, or similar proceedings, amounts then or 53,495
thereafter due the state under this chapter have the same 53,496
priority as provided by law for the payment of taxes due the 53,497
1176
state and shall be paid out of the receivership trust fund or 53,498
other such trust fund in the same manner as provided for claims 53,499
for unpaid taxes due the state. 53,500
If the attorney general finds after investigation that any 53,502
amount due the state under this chapter is uncollectable, in 53,503
whole or in part, he THE ATTORNEY GENERAL shall recommend to the 53,504
director the cancellation of all or part of the claim. The 53,505
director may thereupon effect the cancellation. 53,506
Sec. 5111.022. (A) The state plan for providing medical 53,515
assistance under Title XIX of the "Social Security Act," 49 Stat. 53,517
620, 42 U.S.C.A. 301, as amended, shall include provision of the 53,518
following mental health services when provided by facilities 53,519
described in division (B) of this section: 53,520
(1) Outpatient mental health services, including, but not 53,522
limited to, preventive, diagnostic, therapeutic, rehabilitative, 53,523
and palliative interventions rendered to individuals in an 53,524
individual or group setting by a mental health professional in 53,525
accordance with a plan of treatment appropriately established, 53,526
monitored, and reviewed; 53,527
(2) Partial-hospitalization mental health services of 53,529
three to fourteen hours per service day, rendered by persons 53,530
directly supervised by a mental health professional; 53,531
(3) Unscheduled, emergency mental health services of a 53,533
kind ordinarily provided to persons in crisis when rendered by 53,534
persons supervised by a mental health professional. 53,535
(B) Services shall be included in the state plan only when 53,537
provided by community mental health facilities that have quality 53,538
assurance programs accredited by the joint commission on 53,539
accreditation of healthcare organizations or certified by the 53,540
department of mental health or department of human JOB AND FAMILY 53,542
services.
(C) The comprehensive annual plan shall certify the 53,544
availability of sufficient unencumbered community mental health 53,545
state subsidy and local funds to match Title XIX reimbursement 53,546
1177
funds earned by the facilities. Reimbursement for eligible 53,547
services shall be based on the prospective cost of providing the 53,548
services as developed in standards adopted as part of the 53,549
comprehensive annual plan. 53,550
(D) As used in this section, "mental health professional" 53,552
means a person qualified to work with mentally ill persons under 53,553
the minimum standards established by the director of mental 53,554
health pursuant to section 5119.61 of the Revised Code. 53,555
(E) With respect to services established by division (A) 53,557
of this section, the department of human JOB AND FAMILY services 53,558
shall enter into a separate contract with the department of 53,560
mental health. The terms of the contract between the department 53,561
of human JOB AND FAMILY services and the department of mental 53,563
health shall specify both of the following: 53,564
(1) That the department of mental health and boards of 53,566
alcohol, drug addiction, and mental health services shall provide 53,567
state and local matching funds for Title XIX of the "Social 53,568
Security Act" for reimbursement of services established by 53,569
division (A) of this section; 53,570
(2) How the community mental health facilities described 53,572
in division (B) of this section will be paid for providing the 53,573
services established by division (A) of this section. 53,574
Sec. 5111.023. (A) The department of human JOB AND FAMILY 53,583
services may provide medical assistance under Title XIX of the 53,585
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as 53,586
amended, in addition to such assistance provided under section 53,587
5111.01 of the Revised Code, as long as federal funds are 53,588
provided for such assistance, to each former participant of the 53,590
Ohio works first program established under Chapter 5107. of the 53,592
Revised Code who meets all of the following requirements: 53,593
(1) Is ineligible to participate in Ohio works first 53,595
solely as a result of increased income due to employment; 53,597
(2) Is not covered by, and does not have access to, 53,599
medical insurance coverage through the employer with benefits 53,600
1178
comparable to those provided under this section, as determined in 53,601
accordance with rules adopted by the department DIRECTOR of human 53,603
JOB AND FAMILY services under division (B) of this section; 53,604
(3) Meets any other requirement established by rule 53,606
adopted under division (B) of this section. 53,607
(B) The department DIRECTOR of human JOB AND FAMILY 53,610
services shall adopt such rules under Chapter 119. of the Revised 53,611
Code as are necessary to implement and administer the medical 53,612
assistance program under this section. 53,613
(C) A person seeking to participate in a program of 53,615
medical assistance under this section shall apply to the county 53,616
department of human JOB AND FAMILY services in the county in 53,617
which the applicant resides. The application shall be made on a 53,620
form prescribed by the state department of human JOB AND FAMILY 53,621
services and furnished by the county department. 53,623
(D) If the county department of human JOB AND FAMILY 53,625
services determines that a person is eligible to receive medical 53,627
assistance under this section, the department shall provide 53,628
assistance, to the same extent and in the same manner as medical 53,629
assistance is provided to a person eligible for medical 53,630
assistance pursuant to division (A)(1)(a) of section 5111.01 of 53,632
the Revised Code, for no longer than twelve months, beginning the 53,633
month after the date the participant's eligibility for Ohio works 53,634
first is terminated.
Sec. 5111.03. (A) No provider of services or goods 53,643
contracting with the department of human JOB AND FAMILY services 53,644
pursuant to the medicaid program shall, by deception, obtain or 53,646
attempt to obtain payments under this chapter to which the 53,647
provider is not entitled pursuant to the provider agreement, or 53,648
the rules of the federal government or the Ohio department of 53,649
human JOB AND FAMILY services relating to the program. No 53,651
provider shall willfully receive payments to which the provider 53,652
is not entitled, or willfully receive payments in a greater 53,653
amount than that to which the provider is entitled; nor shall any 53,654
1179
provider falsify any report or document required by state or 53,655
federal law, rule, or provider agreement relating to medicaid 53,656
payments. As used in this section, a provider engages in 53,657
"deception" when the provider, acting with actual knowledge of
the representation or information involved, acting in deliberate 53,658
ignorance of the truth or falsity of the representation or 53,659
information involved, or acting in reckless disregard of the 53,660
truth or falsity of the representation or information involved, 53,661
deceives another or causes another to be deceived by any false or 53,662
misleading representation, by withholding information, by 53,663
preventing another from acquiring information, or by any other 53,664
conduct, act, or omission that creates, confirms, or perpetuates 53,665
a false impression in another, including a false impression as to 53,666
law, value, state of mind, or other objective or subjective fact. 53,667
No proof of specific intent to defraud is required to show, for 53,668
purposes of this section, that a provider has engaged in 53,669
deception. 53,670
(B) Any provider who violates division (A) of this section 53,672
shall be liable, in addition to any other penalties provided by 53,673
law, for all of the following civil penalties: 53,674
(1) Payment of interest on the amount of the excess 53,676
payments at the maximum interest rate allowable for real estate 53,677
mortgages under section 1343.01 of the Revised Code on the date 53,678
the payment was made to the provider for the period from the date 53,679
upon which payment was made, to the date upon which repayment is 53,680
made to the state; 53,681
(2) Payment of an amount equal to three times the amount 53,683
of any excess payments; 53,684
(3) Payment of a sum of not less than five thousand 53,686
dollars and not more than ten thousand dollars for each deceptive 53,687
claim or falsification; 53,688
(4) All reasonable expenses which the court determines 53,690
have been necessarily incurred by the state in the enforcement of 53,691
this section. 53,692
1180
(C) In addition to the civil penalties provided in 53,694
division (B) of this section, the director of human JOB AND 53,695
FAMILY services, upon the conviction of, or the entry of a 53,696
judgment in either a criminal or civil action against, a medicaid 53,697
provider or its owner, officer, authorized agent, associate, 53,698
manager, or employee in an action brought pursuant to section 53,699
109.85 of the Revised Code, shall terminate the provider 53,700
agreement between the department and the provider and stop 53,701
reimbursement to the provider for services rendered for a period 53,702
of up to five years from the date of conviction or entry of 53,703
judgment. As used in this chapter, "owner" means any person 53,704
having at least five per cent ownership in the medicaid provider. 53,705
No such provider, owner, officer, authorized agent, associate, 53,706
manager, or employee shall own or provide services to any other 53,707
medicaid provider or risk contractor or arrange for, render, or 53,708
order services for medicaid recipients during the period of 53,709
termination as provided in division (C) of this section, nor, 53,710
during the period of termination as provided in division (C) of 53,711
this section, shall he SUCH PROVIDER, OWNER, OFFICER, AUTHORIZED 53,712
AGENT, ASSOCIATE, MANAGER, OR EMPLOYEE receive reimbursement in 53,713
the form of direct payments from the department or indirect 53,714
payments of medicaid funds in the form of salary, shared fees, 53,715
contracts, kickbacks, or rebates from or through any 53,716
participating provider or risk contractor. The provider 53,717
agreement shall not be terminated or reimbursement terminated if 53,718
the provider or owner can demonstrate that the provider or owner 53,719
did not directly or indirectly sanction the action of its 53,720
authorized agent, associate, manager, or employee that resulted 53,721
in the conviction or entry of a judgment in a criminal or civil 53,722
action brought pursuant to section 109.85 of the Revised Code. 53,723
Nothing in this division prohibits any owner, officer, authorized 53,724
agent, associate, manager, or employee of a medicaid provider 53,725
from entering into a medicaid provider agreement if he THE PERSON 53,726
can demonstrate that he THE PERSON had no knowledge of an action 53,727
1181
of the medicaid provider he THE PERSON was formerly associated 53,728
with that resulted in the conviction or entry of a judgment in a 53,729
criminal or civil action brought pursuant to section 109.85 of 53,730
the Revised Code.
Providers subject to sections 5111.20 to 5111.32 of the 53,732
Revised Code whose agreements are terminated pursuant to this 53,733
section may continue to receive reimbursement for up to thirty 53,734
days after the effective date of the termination if the provider 53,735
makes reasonable efforts to transfer recipients to another 53,736
facility or to alternate care and if federal funds are provided 53,737
for such reimbursement. 53,738
(D) Any provider of services or goods contracting with the 53,740
department of human JOB AND FAMILY services pursuant to Title XIX 53,741
of the "Social Security Act," who, without intent, obtains 53,742
payments under this chapter in excess of the amount to which the 53,743
provider is entitled, thereby becomes liable for payment of 53,744
interest on the amount of the excess payments at the maximum real 53,745
estate mortgage rate on the date the payment was made to the 53,746
provider for the period from the date upon which payment was made 53,747
to the date upon which repayment is made to the state. 53,748
(E) The attorney general on behalf of the state may 53,750
commence proceedings to enforce this section in any court of 53,751
competent jurisdiction; and the attorney general may settle or 53,752
compromise any case brought under this section with the approval 53,753
of the department of human JOB AND FAMILY services. 53,754
Notwithstanding any other provision of law providing a shorter 53,755
period of limitations, the attorney general may commence a 53,756
proceeding to enforce this section at any time within six years 53,757
after the conduct in violation of this section terminates. 53,758
(F) The authority, under state and federal law, of the 53,760
department of human JOB AND FAMILY services or a county 53,761
department of human JOB AND FAMILY services to recover excess 53,762
payments made to a provider is not limited by the availability of 53,764
remedies under sections 5111.11 and 5111.12 of the Revised Code 53,765
1182
for recovering benefits paid on behalf of recipients of medical 53,766
assistance.
The penalties under this chapter apply to any overpayment, 53,768
billing, or falsification occurring on and after April 24, 1978. 53,769
All moneys collected by the state pursuant to this section shall 53,770
be deposited in the state treasury to the credit of the general 53,771
revenue fund. 53,772
Sec. 5111.04. (A) As used in this section: 53,781
(1) "Outpatient health facility" means a facility that 53,783
provides comprehensive primary health services by or under the 53,784
direction of a physician at least five days per week on a 53,785
forty-hour per week basis to outpatients, is operated by the 53,786
board of health of a city or general health district or another 53,787
public agency or by a nonprofit private agency or organization 53,788
under the direction and control of a governing board that has no 53,789
health-related responsibilities other than the direction and 53,790
control of one or more such outpatient health facilities, and 53,791
receives at least seventy-five per cent of its operating funds 53,792
from public sources, except that it does not include an 53,793
outpatient hospital facility or a federally qualified health 53,794
center as defined in Sec. 1905(l) (2)(B) of the "Social Security 53,795
Act," 103 Stat. 2264 (1989), 42 U.S.C.A. 1396d(l)(2)(B). 53,796
(2) "Comprehensive primary health services" means 53,798
preventive, diagnostic, therapeutic, rehabilitative, or 53,799
palliative items or services that include all of the following: 53,800
(a) Services of physicians, physician assistants, and 53,802
certified nurse practitioners; 53,803
(b) Diagnostic laboratory and radiological services; 53,805
(c) Preventive health services, such as children's eye and 53,807
ear examinations, perinatal services, well child services, and 53,808
family planning services; 53,809
(d) Arrangements for emergency medical services; 53,811
(e) Transportation services. 53,813
(3) "Certified nurse practitioner" has the same meaning as 53,815
1183
in section 4723.02 of the Revised Code. 53,816
(B) Outpatient health facilities are a separate category 53,818
of medical care provider under the rules governing the 53,819
administration of the medical assistance program established 53,820
under section 5111.01 of the Revised Code. Rates of 53,821
reimbursement for items and services provided by an outpatient 53,822
health facility under this section shall be prospectively 53,823
determined by the department of human JOB AND FAMILY services not 53,824
less often than once each year, shall not be subject to 53,825
retroactive adjustment based on actual costs incurred, and shall 53,826
not exceed the maximum fee schedule or rates of payment, 53,827
limitations based on reasonable costs or customary charges, and 53,828
limitations based on combined payments received for furnishing 53,829
comparable services, as are applicable to outpatient hospital 53,830
facilities under Title XVIII of the "Social Security Act." In 53,831
determining rates of reimbursement prospectively, the department 53,832
shall take into account the historic expenses of the facility, 53,833
the operating requirements and services offered by the facility, 53,834
and the geographical location of the facility, shall provide 53,835
incentives for the efficient and economical utilization of the 53,836
facility's resources, and shall ensure that the facility does not 53,837
discriminate between classes of persons for whom or by whom 53,838
payment for items and services is made. 53,839
(C) A facility does not qualify for classification as an 53,841
outpatient health facility under this section unless it: 53,842
(1) Has health and medical care policies developed with 53,844
the advice of and subject to review by an advisory committee of 53,845
professional personnel, including one or more physicians, one or 53,846
more dentists if dental care is provided, and one or more 53,847
registered nurses; 53,848
(2) Has a medical director, a dental director, if dental 53,850
care is provided, and a nursing director responsible for the 53,851
execution of such policies, and has physicians, dentists, 53,852
nursing, and ancillary staff appropriate to the scope of services 53,853
1184
provided; 53,854
(3) Requires that the care of every patient be under the 53,856
supervision of a physician, provides for medical care in case of 53,857
emergency, has in effect a written agreement with one or more 53,858
hospitals and one or more other outpatient facilities, and has an 53,859
established system for the referral of patients to other 53,860
resources and a utilization review plan and program; 53,861
(4) Maintains clinical records on all patients; 53,863
(5) Provides nursing services and other therapeutic 53,865
services in compliance with applicable laws and rules and under 53,866
the supervision of a registered nurse, and has a registered nurse 53,868
on duty at all times when the facility is in operation; 53,869
(6) Follows approved methods and procedures for the 53,871
dispensing and administration of drugs and biologicals; 53,872
(7) Maintains the accounting and record-keeping system 53,874
required under federal laws and regulations for the determination 53,875
of reasonable and allowable costs. 53,876
Sec. 5111.05. (A) The department of human JOB AND FAMILY 53,885
services may contract with any person or persons as a fiscal 53,886
agent for the examination, processing, and determination of 53,887
medical assistance claims under this chapter. The contracting 53,888
party may provide any of the following services, as required by 53,889
the contract:
(1) Design and operate medicaid management information 53,891
systems, including the provision of data processing services; 53,892
(2) Determine the amounts of payments to be made upon 53,894
claims for medical assistance; 53,895
(3) Prepare and furnish to the department lists and 53,897
computer tapes of such claims for payment; 53,898
(4) In addition to audits which may be conducted by the 53,900
department and by the auditor of state, make audits of providers 53,901
and the claims of providers of medical assistance according to 53,902
the standards set forth in the contract; 53,903
(5) Assist providers of medical assistance in the 53,905
1185
development of procedures relating to utilization practices, make 53,906
studies of the effectiveness of such procedures and methods for 53,907
their improvement, implement and enforce standards of medical 53,908
policy, and assist in the application of safeguards against 53,909
unnecessary utilization; 53,910
(6) Assist any institution, facility, or agency to qualify 53,912
as a provider of medical assistance; 53,913
(7) Establish and maintain fiscal records for the medical 53,915
assistance program; 53,916
(8) Perform statistical and research studies; 53,918
(9) Develop and implement programs for medical assistance 53,920
cost containment; 53,921
(10) Perform such other duties as are necessary to carry 53,923
out the medical assistance program. 53,924
(B) The department of human JOB AND FAMILY services may 53,926
contract with any person or persons as an insuring agent for the 53,927
examination, processing, and determination of medical assistance 53,928
claims, as provided in division (A) of this section, and for the 53,929
payment of medical assistance claims through an underwritten 53,930
program in which the state pays the insuring agent a monthly 53,931
premium and the insuring agent pays for medical services 53,932
authorized under the state's medical assistance program. The 53,933
person with whom the department contracts, with respect to the 53,934
awarding, provisions, and performance of such contract, shall not 53,935
be subject to the provisions of Title XXXIX of the Revised Code 53,936
or to regulation by the department of insurance, nor to taxation 53,937
as an insurance company pursuant to section 5725.18 or 5729.03 of 53,938
the Revised Code. A contract with an insuring agent shall 53,939
specify the qualifications, including capital and surplus 53,940
requirements, and other conditions with which the insuring agent 53,941
must comply.
(C) In entering into a contract under this section, the 53,943
department, in cooperation with the director of budget and 53,944
management, shall determine that the contracting party is 53,945
1186
qualified to perform the required services and shall follow 53,946
applicable procedures required of the department of 53,947
administrative services in sections 125.07 to 125.11 of the 53,948
Revised Code. A contract shall be awarded to the bidder who, 53,949
with due consideration to his THE BIDDER'S experience and 53,950
financial capability, offers the lowest and best bid to the state 53,952
for control of the costs of the medical assistance program 53,953
consistent with meeting the obligations under that program for 53,954
fair and equitable treatment of recipients and providers of 53,955
medical services. Any arrangement whereby funds are paid to an 53,956
insuring or fiscal agent for administrative functions under this 53,957
section shall, for the purposes of section 125.081 of the Revised 53,958
Code, be deemed to be a contract or purchase by the department of 53,959
administrative services; however, money to be used by an insuring 53,960
agent to pay for medical services authorized under the state's 53,961
medical assistance program shall not be deemed a contract or 53,962
purchase within the meaning of such section. 53,963
Sec. 5111.06. (A)(1) As used in this section: 53,972
(a) "Provider" means any person, institution, or entity 53,974
that furnishes medicaid services under a provider agreement with 53,975
the department of human JOB AND FAMILY services pursuant to Title 53,976
XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 53,977
U.S.C.A. 301, as amended. 53,978
(b) "Party" has the same meaning as in division (G) of 53,980
section 119.01 of the Revised Code. 53,981
(c) "Adjudication" has the same meaning as in division (D) 53,983
of section 119.01 of the Revised Code. 53,984
(2) This section does not apply to any action taken by the 53,986
department of human JOB AND FAMILY services under sections 53,987
5111.35 to 5111.62 of the Revised Code. 53,988
(B) Except as provided in division (D) of this section, 53,990
the department shall do either of the following by issuing an 53,991
order pursuant to an adjudication conducted in accordance with 53,992
Chapter 119. of the Revised Code: 53,993
1187
(1) Enter into or refuse to enter into a provider 53,995
agreement with a provider, or suspend, terminate, renew, or 53,996
refuse to renew an existing provider agreement with a provider; 53,997
(2) Take any action based upon a final fiscal audit of a 53,999
provider. 54,000
(C) Any party who is adversely affected by the issuance of 54,002
an adjudication order under division (B) of this section may 54,003
appeal to the court of common pleas of Franklin county in 54,004
accordance with section 119.12 of the Revised Code. 54,005
(D) The department is not required to comply with division 54,007
(B)(1) of this section whenever any of the following occur: 54,008
(1) The terms of a provider agreement require the provider 54,010
to have a license, permit, or certificate issued by an official, 54,011
board, commission, department, division, bureau, or other agency 54,012
of state government other than the department of human JOB AND 54,013
FAMILY services, and the license, permit, or certificate has been 54,014
denied or revoked. 54,015
(2) The provider agreement is denied, terminated, or not 54,017
renewed pursuant to division (C) or (E) of section 5111.03 of the 54,018
Revised Code; 54,019
(3) The provider agreement is denied, terminated, or not 54,021
renewed due to the provider's termination, suspension, or 54,022
exclusion from the medicare program established under Title XVIII 54,023
of the "Social Security Act," and the termination, suspension, or 54,024
exclusion is binding on the provider's participation in the 54,025
medicaid program; 54,026
(4) The provider agreement is denied, terminated, or not 54,028
renewed due to the provider's pleading guilty to or being 54,029
convicted of a criminal activity materially related to either the 54,030
medicare or medicaid program; 54,031
(5) The provider agreement is denied, terminated, or 54,033
suspended as a result of action by the United States department 54,034
of health and human services and that action is binding on the 54,035
provider's participation in the medicaid program. 54,036
1188
(E) The department may withhold payments for services 54,038
rendered by a medicaid provider under the medical assistance 54,039
program during the pendency of proceedings initiated under 54,040
division (B)(1) of this section. If the proceedings are 54,041
initiated under division (B)(2) of this section, the department 54,042
may withhold payments only to the extent that they equal amounts 54,043
determined in a final fiscal audit as being due the state. This 54,044
division does not apply if the department fails to comply with 54,045
section 119.07 of the Revised Code, requests a continuance of the 54,046
hearing, or does not issue a decision within thirty days after 54,047
the hearing is completed. This division does not apply to 54,048
nursing facilities and intermediate care facilities for the 54,049
mentally retarded subject to sections 5111.20 to 5111.32 of the 54,050
Revised Code. 54,051
Sec. 5111.07. Commencing in July, 1986, and every second 54,060
July thereafter, the department of human JOB AND FAMILY services 54,062
shall initiate a private survey of retail pharmacy operations in 54,063
the state as the basis for establishing a current maximum 54,064
dispensing fee for licensed pharmacists who are providers of 54,065
drugs under this chapter. The survey shall be conducted in 54,066
conformance with the requirements set forth in 42 C.F.R. 447.331 54,067
through 447.333, as amended or superseded, and shall include 54,068
operational data and direct prescription expenses, professional 54,069
services and personnel costs, usual and customary overhead 54,070
expenses, and profit data of the retail pharmacies surveyed. The 54,071
survey shall be completed and its results published no later than 54,072
the last day of October of the year in which the survey is 54,073
conducted, and the survey shall compute and report dispensing 54,074
fees on a basis of the usual and customary charges by retail 54,075
pharmacies to their customers for dispensing drugs. The director 54,076
of human JOB AND FAMILY services shall take into account the 54,078
results of the survey in establishing a dispensing fee. 54,079
Sec. 5111.08. Commencing in December, 1986, and every 54,088
second December thereafter, the director of human JOB AND FAMILY 54,089
1189
services shall establish a dispensing fee, effective the 54,091
following January, for licensed pharmacists who are providers
under this chapter. The dispensing fee shall take into 54,092
consideration the results of the survey conducted under section 54,093
5111.07 of the Revised Code.
Sec. 5111.09. On or before the first day of January of 54,102
each year, the department of human JOB AND FAMILY services shall 54,103
submit to the speaker and minority leader of the house of 54,104
representatives and the president and minority leader of the 54,105
senate, and shall make available to the public, a report on the 54,106
effectiveness of the Ohio works first program established under 54,108
Chapter 5107. of the Revised Code and the medical assistance 54,109
program established under this chapter in meeting the health care 54,110
needs of low-income pregnant women, infants, and children. The 54,111
report shall include: the estimated number of persons eligible 54,112
for health care services to pregnant women, infants, and children 54,113
under the programs; the actual number of eligible persons served; 54,114
the number of prenatal, postpartum, and child health visits; a 54,115
report on birth outcomes, including a comparison of 54,116
low-birthweight births and infant mortality rates of program 54,117
participants with the general female child-bearing and infant 54,118
population in this state; and a comparison of the prenatal, 54,119
delivery, and child health costs of the programs with such costs 54,120
of similar programs in other states, where available. 54,121
Sec. 5111.10. To the extent permitted by the "Social 54,130
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, 54,132
and regulations adopted under that act, the department of human 54,134
JOB AND FAMILY services may enter into agreements with political 54,135
subdivisions to use funds of the political subdivision to pay the 54,137
nonfederal share of expenditures under the medical assistance 54,138
program. The determination and provision of federal financial 54,140
reimbursement to a subdivision entering into an agreement under 54,142
this section shall be determined by the department, subject to 54,144
approval by the United States secretary of health and human
1190
services and the availability of federal financial participation. 54,145
Sec. 5111.11. (A) As used in this section, "estate" means 54,154
all property to be administered under Title XXI of the Revised 54,156
Code and property that would be administered under that title if 54,157
not for section 2113.03 of the Revised Code.
(B) For the purpose of recovering the cost of services 54,160
correctly paid under the medical assistance program to a
recipient age fifty-five or older, the department of human JOB 54,161
AND FAMILY services shall institute an estate recovery program 54,162
against the property and estates of medical assistance recipients 54,163
to recover medical assistance correctly paid on their behalf to 54,164
the extent that federal law and regulations permit the 54,165
implementation of such a program. The department shall seek to 54,167
recover medical assistance correctly paid only after the 54,168
recipient and the recipient's surviving spouse, if any, have died 54,170
and only at a time when the recipient has no surviving child who 54,171
is under age twenty-one or blind or permanently and totally 54,172
disabled.
The department may enter into a contract with any person 54,174
under which the person administers the estate recovery program on 54,175
behalf of the department or performs any of the functions 54,177
required to carry out the program. The contract may provide for 54,178
the person to be compensated from the property recovered from the 54,179
estates of medical assistance recipients or may provide for such 54,180
other manner of compensation as is agreed to by the person and 54,182
the department. Regardless of whether it is administered by the 54,183
department or a person under contract with the department, the 54,184
program shall be administered in accordance with applicable 54,185
requirements of federal law and regulations and state law and 54,186
rules.
(C) The department may waive seeking recovery of medical 54,189
assistance correctly paid if the director of human JOB AND FAMILY
services determines that recovery would work an undue hardship. 54,190
The director, in accordance with Chapter 119. of the Revised 54,191
1191
Code, shall adopt rules establishing procedures for waiver of 54,192
recovery due to an undue hardship, which shall meet the standards 54,193
specified by the United States secretary of health and human 54,195
services under 42 U.S.C. 1396p(b)(3), as amended. 54,196
(D) Any action that may be taken by the department under 54,199
section 5111.111 of the Revised Code may be taken by a person 54,201
administering the program, or performing actions specified in 54,202
that section, pursuant to a contract with the department.
Sec. 5111.111. As used in this section, "home and 54,211
community-based services" means services provided pursuant to a 54,212
waiver under section 1915 of the "Social Security Act," 49 Stat. 54,214
620 (1935), 42 U.S.C.A. 1396n, as amended.
The department of human JOB AND FAMILY services may place a 54,216
lien against the property of a medical assistance recipient or 54,218
recipient's spouse, other than a recipient or spouse of a 54,220
recipient of home and community-based services, that the 54,221
department may recover as part of the program instituted under 54,222
section 5111.11 of the Revised Code. When medical assistance is 54,223
paid on behalf of any person in circumstances under which federal 54,225
law and regulations and this section permit the imposition of a
lien, the director of human JOB AND FAMILY services or a person 54,226
designated by the director may sign a certificate to the effect. 54,227
The county department of human JOB AND FAMILY services shall file 54,228
for recording and indexing the certificate, or a certified copy, 54,231
in the real estate mortgage records in the office of the county 54,232
recorder in every county in which real property of the recipient 54,233
or spouse is situated. From the time of filing the certificate 54,234
in the office of the county recorder, the lien attaches to all 54,235
real property of the recipient or spouse described therein for 54,236
all amounts of aid which thereafter are paid, and shall remain a 54,237
lien until satisfied.
Upon filing the certificate in the office of the recorder, 54,239
all persons are charged with notice of the lien and the rights of 54,240
the department of human JOB AND FAMILY services thereunder. 54,241
1192
The county recorder shall keep a record of every 54,243
certificate filed showing its date, the time of filing, the name 54,244
and residence of the recipient or spouse, and any release, 54,245
waivers, or satisfaction of the lien. 54,246
The priority of the lien shall be established in accordance 54,248
with state and federal law. 54,249
The department may waive the priority of its lien to 54,251
provide for the costs of the last illness as determined by the 54,252
department, administration, attorney fees, administrator fees, a 54,253
sum for the payment of the costs of burial, which shall be 54,254
computed by deducting from five hundred dollars whatever amount 54,255
is available for the same purpose from all other sources, and a 54,256
similar sum for the spouse of the decedent. 54,257
Sec. 5111.112. (A) As used in this section: 54,266
(1) "Adult care facility" has the same meaning as in 54,268
section 3722.01 of the Revised Code. 54,270
(2) "Commissioner" means a person appointed by a probate 54,272
court under division (B) of section 2113.03 of the Revised Code 54,275
to act as a commissioner.
(3) "Home" has the same meaning as in section 3721.10 of 54,277
the Revised Code. 54,279
(4) "Personal needs allowance account" means an account or 54,282
petty cash fund that holds the money of a resident of an adult 54,283
care facility or home and that the facility or home manages for 54,284
the resident.
(B) Except as provided in divisions (C) and (D) of this 54,288
section, the owner or operator of an adult care facility or home 54,289
shall transfer to the department of human JOB AND FAMILY services 54,290
the money in the personal needs allowance account of a resident 54,291
of the facility or home who was a recipient of the medical 54,292
assistance program no earlier than sixty days but not later than 54,293
ninety days after the resident dies. The adult care facility or 54,294
home shall transfer the money even though the owner or operator 54,295
of the facility or home has not been issued letters testamentary 54,296
1193
or letters of administration concerning the resident's estate. 54,297
(C) If funeral or burial expenses for a resident of an 54,300
adult care facility or home who has died have not been paid and 54,301
the only resource the resident had that could be used to pay for 54,302
the expenses is the money in the resident's personal needs 54,303
allowance account, or all other resources of the resident are 54,304
inadequate to pay the full cost of the expenses, the money in the 54,305
resident's personal needs allowance account shall be used to pay 54,306
for the expenses rather than being transferred to the department 54,307
of human JOB AND FAMILY services pursuant to division (B) of this 54,309
section.
(D) If, not later than sixty days after a resident of an 54,312
adult care facility or home dies, letters testamentary or letters 54,313
of administration are issued, or an application for release from 54,314
administration is filed under section 2113.03 of the Revised 54,316
Code, concerning the resident's estate, the owner or operator of 54,318
the facility or home shall transfer the money in the resident's 54,319
personal needs allowance account to the administrator, executor, 54,320
commissioner, or person who filed the application for release 54,321
from administration.
(E) The transfer or use of money in a resident's personal 54,324
needs allowance account in accordance with division (B), (C), or 54,326
(D) of this section discharges and releases the adult care 54,328
facility or home, and the owner or operator of the facility or 54,329
home, from any claim for the money from any source. 54,330
(F) If, sixty-one or more days after a resident of an 54,333
adult care facility or home dies, letters testamentary or letters 54,334
of administration are issued, or an application for release from 54,335
administration under section 2113.03 of the Revised Code is 54,337
filed, concerning the resident's estate, the department of human 54,338
JOB AND FAMILY services shall transfer the funds to the 54,339
administrator, executor, commissioner, or person who filed the 54,340
application, unless the department is entitled to recover the 54,341
money under the estate recovery program instituted under section 54,342
1194
5111.11 of the Revised Code. 54,343
Sec. 5111.113. As used in this section, "nursing facility" 54,353
and "intermediate care facility for the mentally retarded" have 54,354
the same meanings as in section 5111.20 of the Revised Code. 54,356
In determining the amount of income that a recipient of 54,358
medical assistance must apply monthly toward payment of the cost 54,360
of care in a nursing facility or intermediate care facility for 54,361
the mentally retarded, the county department of human JOB AND 54,363
FAMILY services shall deduct from the recipient's monthly income 54,364
a monthly personal needs allowance in accordance with section 54,365
1902 of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 54,366
1396a, as amended. 54,367
For a resident of a nursing facility, the monthly personal 54,369
needs allowance shall be not less than forty dollars for an 54,371
individual resident and not less than eighty dollars for a 54,373
married couple if both spouses are residents of a nursing 54,374
facility.
For a resident of an intermediate care facility for the 54,376
mentally retarded, the monthly personal needs allowance shall be 54,377
forty dollars unless the resident has earned income, in which 54,378
case the monthly personal needs allowance shall be determined by 54,379
the state department of human JOB AND FAMILY services but shall 54,380
not exceed one hundred five dollars. 54,381
Sec. 5111.12. (A) The director of human JOB AND FAMILY 54,390
services shall establish rules under which county departments of 54,392
human JOB AND FAMILY services may take action to recover benefits 54,394
incorrectly paid on behalf of recipients of medical assistance. 54,395
The rules shall provide for recovery by the following methods: 54,396
(1) Soliciting voluntary payments from recipients or from 54,398
persons holding property in which a recipient has a legal or 54,399
equitable interest; 54,400
(2) Obtaining a lien on property pursuant to division (B) 54,402
of this section. 54,403
(B) A county department of human JOB AND FAMILY services 54,405
1195
may bring a civil action in a court of common pleas against a 54,407
recipient of medical assistance for the recovery of any medical 54,408
assistance benefits determined by the court to have been paid 54,409
incorrectly on behalf of the recipient. All persons holding 54,410
property in which the recipient has a legal or equitable interest 54,411
may be joined as parties. The court may issue pre-judgment 54,412
orders, including injunctive relief or attachment under Chapter 54,413
2715. of the Revised Code, for the preservation of real or 54,414
personal property in which the recipient may have a legal or 54,415
equitable interest. If the court determines that benefits were 54,416
paid incorrectly and issues a judgment to that effect, the county 54,417
department may obtain a lien upon property of the recipient in 54,418
accordance with Chapter 2329. of the Revised Code. 54,419
(C) The county department of human JOB AND FAMILY services 54,421
shall retain fifty per cent of the balance remaining after 54,423
deduction from the recovery of the amount required to be returned 54,424
to the federal government and shall pay the other fifty per cent 54,425
of the balance to the department of human JOB AND FAMILY 54,426
services.
(D) Recovery of medical assistance benefits incorrectly 54,428
paid to a recipient may not be accomplished by reducing the 54,429
amount of benefits the recipient is entitled to receive under 54,430
another government assistance program. 54,431
(E) The remedies provided pursuant to this section do not 54,433
affect any other remedies county departments of human JOB AND 54,434
FAMILY services may have to recover benefits incorrectly paid on 54,436
behalf of recipients of medical assistance. 54,437
Sec. 5111.121. (A) As used in this section, "third party" 54,446
has the same meaning as in section 5101.571 of the Revised Code. 54,447
(B) In addition to the authority granted under section 54,449
5101.59 of the Revised Code, the department of human JOB AND 54,450
FAMILY services may, to the extent necessary to reimburse its 54,451
costs, garnish the wages, salary, or other employment income of, 54,452
and withhold amounts from state tax refunds to, any person to 54,453
1196
whom both of the following apply: 54,454
(1) The person is required by a court or administrative 54,456
order to provide coverage of the cost of health care services to 54,457
a child eligible for medical assistance under this chapter. 54,458
(2) The person has received payment from a third party for 54,460
the costs of such services but has not used the payment to 54,461
reimburse either the other parent or guardian of the child or the 54,462
provider of the services. 54,463
(C) Claims for current and past due child support shall 54,465
take priority over claims under division (B) of this section. 54,466
Sec. 5111.13. (A) As used in this section, 54,475
"cost-effective" and "group health plan" have the same meanings 54,476
as in section 1906 of the "Social Security Act," 49 Stat. 620 54,477
(1935), 42 U.S.C.A. 1396e, as amended, and any regulations 54,478
adopted under that section. 54,479
(B) The department of human JOB AND FAMILY services, 54,481
pursuant to guidelines issued by the United States secretary of 54,482
health and human services, shall identify cases in which
enrollment of an individual otherwise eligible for medical 54,483
assistance under this chapter in a group health plan in which the 54,484
individual is eligible to enroll and payment of the individual's 54,485
premiums, deductibles, coinsurance, and other cost-sharing 54,486
expenses is cost effective. 54,487
The department shall require, as a condition of eligibility 54,489
for medical assistance, individuals identified under this 54,490
division, or in the case of a child, the child's parent, to apply 54,491
for enrollment in the group health plan, except that the failure 54,492
of a parent to enroll himself SELF or his THE PARENT'S child in a 54,494
group health plan does not affect the child's eligibility under 54,495
the medical assistance program.
The department shall pay enrollee premiums and deductibles, 54,497
coinsurance, and other cost-sharing obligations for services and 54,498
items otherwise covered under the medical assistance program. The 54,500
department shall treat coverage under the group health plan in 54,501
1197
the same manner as any other third-party liability under the
program. If not all members of a family are eligible for medical 54,502
assistance and enrollment of the eligible members in a group 54,503
health plan is not possible without also enrolling the members 54,504
who are ineligible for medical assistance, the department shall 54,505
pay the premiums for the ineligible members if the payments are 54,506
cost effective. The department shall not pay deductibles, 54,507
coinsurance, or other cost-sharing obligations of enrolled 54,508
members who are not eligible for medical assistance. 54,509
The department may make payments under this section to 54,511
employers, insurers, or other entities. The department may make 54,512
the payments without entering into a contract with employers, 54,513
insurers, or other entities. 54,514
(C) To the extent permitted by federal law and 54,516
regulations, the department of human JOB AND FAMILY services 54,517
shall coordinate the medical assistance program with group health 54,518
plans in such a manner that the medical assistance program serves 54,519
as a supplement to the group health plans. In its coordination 54,520
efforts, the department shall consider cost-effectiveness and 54,521
quality of care. The department may enter into agreements with 54,522
group health plans as necessary to implement this division. 54,523
(D) The department DIRECTOR OF JOB AND FAMILY SERVICES 54,525
shall adopt rules in accordance with Chapter 119. of the Revised 54,527
Code to implement this section.
Sec. 5111.14. The state department of human JOB AND FAMILY 54,537
services may require county departments of human JOB AND FAMILY 54,539
services to provide case management of nonemergency 54,541
transportation services provided under the medical assistance 54,542
program. County departments shall provide the case management if 54,544
required by the state department in accordance with rules adopted 54,546
by the state department DIRECTOR OF JOB AND FAMILY SERVICES. 54,547
The state department shall determine, for the purposes of 54,549
claiming federal reimbursement under the medical assistance 54,551
program, whether it will claim expenditures for nonemergency 54,553
1198
transportation services as administrative or program 54,554
expenditures.
Sec. 5111.16. In accordance with subsection (g) of section 54,563
1927 of the "Social Security Act," 49 Stat. 320 (1935), 42 54,565
U.S.C.A. 1396r-8(g), as amended, the department of human JOB AND 54,567
FAMILY services shall establish an outpatient drug use review 54,568
program to assure that prescriptions obtained by recipients of 54,569
medical assistance under this chapter are appropriate, medically 54,571
necessary, and unlikely to cause adverse medical results. 54,573
Sec. 5111.17. (A) As used in this section, 54,582
"community-based clinic" means a clinic that provides prenatal, 54,583
family planning, well child, or primary care services and is 54,584
funded in whole or in part by the state or federal government. 54,585
(B) On receipt of a waiver from the United States 54,587
department of health and human services of any federal 54,588
requirement that would otherwise be violated, the department of 54,589
human JOB AND FAMILY services shall establish in Franklin,
Hamilton, and Lucas counties a managed care system under which 54,590
designated recipients of medical assistance are required to 54,591
obtain medical services from providers designated by the 54,592
department. The department may stagger implementation of the 54,593
managed care system, but the system shall be implemented in at
least one county not later than January 1, 1995, and in all three 54,594
counties not later than July 1, 1996. 54,595
(C) The department, by rule adopted under this section, 54,597
may require any recipients in any other county to receive all or 54,598
some of their care through managed care organizations that 54,599
contract with the department and are paid by the department 54,601
pursuant to a capitation or other risk-based methodology 54,602
prescribed in the rules, and to receive their care only from 54,603
providers designated by the organizations.
(D) In accordance with rules adopted under division (G) of 54,605
this section, the department may issue requests for proposals 54,606
from managed care organizations interested in contracting with 54,607
1199
the department to provide managed care to participating medical 54,609
assistance recipients.
(E) A health insuring corporation under contract with the 54,611
department under this section may enter into an agreement with 54,613
any community-based clinic for the provision of medical services 54,614
to medical assistance recipients participating in the managed 54,615
care system if the clinic is willing to accept the terms, 54,616
conditions, and payment procedures established by the health
insuring corporation. 54,617
(F) For the purpose of determining the amount the 54,619
department pays hospitals under section 5112.08 of the Revised 54,621
Code and the amount of disproportionate share hospital payments 54,622
paid by the medicare program established under Title XVIII of the 54,623
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as 54,624
amended, each managed care organization under contract with the 54,625
department to provide managed care to participating medical
assistance recipients shall keep detailed records for each 54,626
hospital with which it contracts about the cost to the hospital 54,628
of providing the care, payments made by the organization to the 54,629
hospital for the care, utilization of hospital services by 54,631
medical assistance recipients participating in managed care, and
other utilization data required by the department. 54,632
(G) The department DIRECTOR OF JOB AND FAMILY SERVICES 54,634
shall adopt rules in accordance with Chapter 119. of the Revised 54,636
Code to implement this section.
Sec. 5111.173. (A) There is hereby created the medicaid 54,645
managed care study committee to examine the medicaid managed care 54,646
program established by section 5111.17 of the Revised Code. The 54,647
committee shall review the status of the program and may study 54,648
the following: consumer access and satisfaction, reimbursement 54,649
issues, recent trends in the medicaid managed care market, 54,650
alternative managed care delivery models, and future plans and 54,651
recommendations for the program. 54,652
(B) Membership of the study committee shall include: 54,654
1200
(1) Two members of the senate appointed by the president 54,656
of the senate, one from the majority party and one from the 54,657
minority party; 54,658
(2) Two members of the house of representatives appointed 54,660
by the speaker of the house of representatives, one from the 54,661
majority party and one from the minority party; 54,662
(3) The following members jointly appointed by the 54,664
governor, the speaker of the house of representatives, and the 54,665
president of the senate: 54,666
(a) One representative of the governor's office; 54,668
(b) One representative of the Ohio department of human JOB 54,670
AND FAMILY services; 54,671
(c) One representative of the Ohio department of 54,673
insurance;
(d) One representative of the office of budget and 54,675
management;
(e) Two representatives of the Ohio medical care advisory 54,677
committee representing consumer interests; 54,678
(f) One representative from a county department of human 54,680
JOB AND FAMILY services in a county in which medicaid recipients 54,682
are required to obtain medical services from a managed care 54,683
organization; 54,684
(g) Two representatives of the institutional provider 54,686
community;
(h) Two representatives from the community provider 54,688
community; 54,689
(i) Two representatives of entities that provide medicaid 54,691
managed care. 54,692
(C) The majority party members from the house of 54,694
representatives and the senate shall serve as co-chairs of the 54,695
study committee. The committee shall meet at the call of the 54,696
co-chairs.
(D) Members of the study committee shall serve without 54,698
compensation or reimbursement, except to the extent that serving 54,699
1201
on the committee is considered a part of their regular duties of 54,701
employment.
(E) Not later than December 31, 1999, the study committee 54,704
shall complete its examination and submit a report to the 54,706
governor, the president and minority leader of the senate, and 54,707
the speaker and minority leader of the house of representatives. 54,709
The legislative budget office of the legislative service 54,710
commission shall serve as staff to the study committee. On 54,711
submission of the report, the study committee shall cease to 54,712
exist.
Sec. 5111.18. (A) As used in this section and in section 54,721
5111.181 of the Revised Code, "resources" has the meaning given 54,722
in rules adopted under division (B) of section 5111.011 of the 54,723
Revised Code. 54,724
(B) If it determines that such action would not violate 54,726
any federal statute or regulation or receives from the United 54,727
States department of health and human services a waiver of any 54,728
federal requirement that would otherwise be violated, the 54,729
department of human JOB AND FAMILY services shall establish the 54,730
Ohio long-term care insurance program, unless the director of 54,731
human JOB AND FAMILY services determines that appropriations made 54,732
by the general assembly for the program are not sufficient to 54,733
operate and evaluate the program. If established, the program 54,734
shall begin not sooner than July 1, 1994. 54,735
Notwithstanding sections 5101.58, 5101.59, 5111.01, 54,737
5111.11, and divisions (C) and (F) of section 5111.011 of the 54,738
Revised Code, the resources of an individual covered by a 54,739
long-term care insurance policy described in division (C)(1) or 54,740
(2) of this section shall be excluded in accordance with division 54,741
(C) of this section from any determination of the individual's 54,742
eligibility for the medical assistance program and from 54,743
determination of any amount to be recovered by the state for 54,744
payments under the medical assistance program for services 54,745
correctly provided to the individual. 54,746
1202
Resources excluded under this division are not subject to 54,748
recovery under section 5101.58, to assignment under section 54,750
5101.59, or to a lien under section 5111.111 of the Revised Code. 54,752
Divisions (D) and (E) of section 5111.011 of the Revised Code 54,753
continue to apply to the resources of individuals covered by 54,754
certified policies that are not resources excluded under this 54,755
section. 54,756
(C) The exclusion provided by division (B) of this section 54,758
shall apply throughout the life of the covered individual. The 54,759
department of human JOB AND FAMILY services shall exclude 54,760
resources in amounts equal to long-term care insurance benefits 54,761
paid under either of the following that are used to pay for 54,762
services rendered on or after the date the Ohio long-term care 54,763
insurance program begins that are covered by the medical 54,764
assistance program:
(1) Any long-term care insurance policy or certificate 54,766
delivered or issued for delivery prior to the date the program 54,767
begins; 54,768
(2) A long-term care insurance policy or certificate 54,770
delivered or issued for delivery on or after the date the program 54,771
begins that meets the requirements in section 3923.50 of the 54,772
Revised Code. 54,773
The department DIRECTOR of human JOB AND FAMILY services 54,776
shall adopt rules in accordance with section 111.15 of the 54,777
Revised Code establishing procedures for insurers to notify the 54,778
department of long-term care benefits paid. 54,779
Sec. 5111.181. (A) The general assembly hereby finds that 54,788
the state has an insurable interest in medical assistance 54,789
recipients because of the state's statutory right to recover from 54,790
the estate of a recipient state funds used to provide the 54,791
recipient with medical care and services. 54,792
(B) As used in this section: 54,794
(1) "Beneficiary" means the person or entity designated in 54,796
a life insurance policy to receive the proceeds of the policy on 54,797
1203
the death of the insured or maturity of the policy. 54,798
(2) "Owner" means the person who has the right to 54,800
designate the beneficiary of a life insurance policy and to 54,801
change the designation. 54,802
(C) Notwithstanding section 5111.011 of the Revised Code, 54,804
the value of a life insurance policy that would otherwise be 54,805
considered a resource in determining eligibility for the medical 54,806
assistance program shall be excluded from any determination of a 54,807
person's eligibility for the medical assistance program if the 54,808
owner designates the department of human JOB AND FAMILY services 54,809
as beneficiary of the policy. The department may pay premiums to 54,810
keep the policy in force. Premiums paid by the department are 54,811
medical assistance payments correctly paid on behalf of a medical 54,812
assistance recipient and subject to recovery under section 54,813
5111.11 of the Revised Code. 54,814
(D) The director of human JOB AND FAMILY services shall 54,816
deposit the proceeds of a life insurance policy that do not 54,817
exceed the amount the department may recover against the property 54,818
and estate of the owner under section 5111.11 of the Revised Code 54,819
into the general revenue fund. The director shall pay any 54,820
remaining proceeds to the person designated by the owner. If the 54,821
owner failed to designate a person, the director shall pay the 54,822
remaining proceeds to the surviving spouse, or, if there is no 54,823
surviving spouse, to the estate of the owner. 54,824
(E) If the owner designates the department of human JOB 54,826
AND FAMILY services as the policy's beneficiary, the department
shall notify the owner that he THE OWNER may designate a person 54,827
to receive proceeds of the policy that exceed the amount the 54,829
department may recover against the owner's property and estate 54,830
under section 5111.11 of the Revised Code. The designation shall 54,831
be made on a form provided by the department. 54,832
(F) The department of human JOB AND FAMILY services shall 54,834
not implement this section if implementation would violate any 54,835
federal requirement unless the department receives a waiver of 54,836
1204
the requirement from the United States department of health and 54,837
human services.
Sec. 5111.19. The department DIRECTOR of human JOB AND 54,847
FAMILY services shall adopt rules governing the calculation and 54,848
payment of graduate medical education costs associated with 54,849
services rendered to recipients of the medical assistance program 54,850
after June 30, 1994. The rules shall provide for reimbursement 54,851
of graduate medical education costs associated with services 54,852
rendered to medical assistance recipients, including recipients 54,853
enrolled in health insuring corporations, that the department 54,854
determines are allowable and reasonable. 54,856
If the department requires a health insuring corporation to 54,858
pay a provider for graduate medical education costs associated 54,861
with the delivery of services to medical assistance recipients 54,862
enrolled in the corporation, the department shall include in its 54,864
payment to the corporation an amount sufficient for the 54,866
corporation to pay such costs. If the department does not 54,868
include in its payments to the health insuring corporation 54,869
amounts for graduate medical education costs of providers, all of 54,870
the following apply: 54,871
(A) The department shall pay the provider for graduate 54,873
medical education costs associated with the delivery of services 54,874
to medical assistance recipients enrolled in the corporation; 54,876
(B) No provider shall seek reimbursement from the 54,878
corporation for such costs; 54,879
(C) The corporation is not required to pay providers for 54,882
such costs. 54,883
Sec. 5111.20. As used in sections 5111.20 to 5111.32 of 54,892
the Revised Code: 54,893
(A) "Allowable costs" are those costs determined by the 54,895
department of human JOB AND FAMILY services to be reasonable and 54,896
do not include fines paid under sections 5111.35 to 5111.61 and 54,897
section 5111.99 of the Revised Code. 54,898
(B) "Capital costs" means costs of ownership and 54,900
1205
nonextensive renovation. 54,901
(1) "Cost of ownership" means the actual expense incurred 54,903
for all of the following: 54,904
(a) Depreciation and interest on any capital assets that 54,906
cost five hundred dollars or more per item, including the 54,907
following: 54,908
(i) Buildings; 54,910
(ii) Building improvements that are not approved as 54,912
nonextensive renovations under section 5111.25 or 5111.251 of the 54,913
Revised Code; 54,914
(iii) Equipment; 54,916
(iv) Extensive renovations; 54,918
(v) Transportation equipment. 54,920
(b) Amortization and interest on land improvements and 54,922
leasehold improvements; 54,923
(c) Amortization of financing costs; 54,925
(d) Except as provided in division (I) of this section, 54,927
lease and rent of land, building, and equipment. 54,928
The costs of capital assets of less than five hundred 54,930
dollars per item may be considered costs of ownership in 54,931
accordance with a provider's practice.
(2) "Costs of nonextensive renovation" means the actual 54,933
expense incurred for depreciation or amortization and interest on 54,934
renovations that are not extensive renovations. 54,935
(C) "Capital lease" and "operating lease" shall be 54,937
construed in accordance with generally accepted accounting 54,938
principles.
(D) "Case-mix score" means the measure determined under 54,940
section 5111.231 of the Revised Code of the relative direct-care 54,941
resources needed to provide care and habilitation to a resident 54,942
of a nursing facility or intermediate care facility for the 54,943
mentally retarded. 54,944
(E) "Date of licensure," for a facility originally 54,946
licensed as a nursing home under Chapter 3721. of the Revised 54,947
1206
Code, means the date specific beds were originally licensed as 54,948
nursing home beds under that chapter, regardless of whether they 54,949
were subsequently licensed as residential facility beds under 54,950
section 5123.19 of the Revised Code. For a facility originally 54,951
licensed as a residential facility under section 5123.19 of the 54,952
Revised Code, "date of licensure" means the date specific beds 54,953
were originally licensed as residential facility beds under that 54,954
section.
(1) If nursing home beds licensed under Chapter 3721. of 54,956
the Revised Code or residential facility beds licensed under 54,957
section 5123.19 of the Revised Code were not required by law to 54,958
be licensed when they were originally used to provide nursing 54,959
home or residential facility services, "date of licensure" means 54,960
the date the beds first were used to provide nursing home or
residential facility services, regardless of the date the present 54,961
provider obtained licensure. 54,962
(2) If a facility adds nursing home beds or residential 54,964
facility beds or extensively renovates all or part of the 54,965
facility after its original date of licensure, it will have a 54,966
different date of licensure for the additional beds or 54,967
extensively renovated portion of the facility, unless the beds 54,968
are added in a space that was constructed at the same time as the 54,969
previously licensed beds but was not licensed under Chapter 3721. 54,970
or section 5123.19 of the Revised Code at that time. 54,971
(F) "Desk-reviewed" means that costs as reported on a cost 54,973
report submitted under section 5111.26 of the Revised Code have 54,974
been subjected to a desk review under division (A) of section 54,975
5111.27 of the Revised Code and preliminarily determined to be 54,976
allowable costs. 54,977
(G) "Direct care costs" means all of the following: 54,979
(1)(a) Costs for registered nurses, licensed practical 54,981
nurses, and nurse aides employed by the facility; 54,982
(b) Costs for direct care staff, administrative nursing 54,984
staff, medical directors, social services staff, activities 54,985
1207
staff, psychologists and psychology assistants, social workers 54,986
and counselors, habilitation staff, qualified mental retardation 54,987
professionals, program directors, respiratory therapists, 54,988
habilitation supervisors, and except as provided in division 54,989
(G)(2) of this section, other persons holding degrees qualifying 54,990
them to provide therapy; 54,991
(c) Costs of purchased nursing services; 54,993
(d) Costs of quality assurance; 54,995
(e) Costs of training and staff development, employee 54,997
benefits, payroll taxes, and workers' compensation premiums or 54,998
costs for self-insurance claims and related costs as specified in 54,999
rules adopted by the department DIRECTOR of human JOB AND FAMILY 55,001
services in accordance with Chapter 119. of the Revised Code, for 55,002
personnel listed in divisions (G)(1)(a), (b), and (d) of this 55,004
section;
(f) Costs of consulting and management fees related to 55,006
direct care;
(g) Allocated direct care home office costs. 55,008
(2) In addition to the costs specified in division (G)(1) 55,010
of this section, for intermediate care facilities for the 55,011
mentally retarded only, direct care costs include both of the 55,012
following: 55,013
(a) Costs for physical therapists and physical therapy 55,015
assistants, occupational therapists and occupational therapy 55,016
assistants, speech therapists, and audiologists; 55,017
(b) Costs of training and staff development, employee 55,019
benefits, payroll taxes, and workers' compensation premiums or 55,020
costs for self-insurance claims and related costs as specified in 55,021
rules adopted by the department DIRECTOR of human JOB AND FAMILY 55,023
services in accordance with Chapter 119. of the Revised Code, for 55,024
personnel listed in division (G)(2)(a) of this section. 55,025
(3) Costs of other direct-care resources that are 55,027
specified as direct care costs in rules adopted by the department 55,028
DIRECTOR of human JOB AND FAMILY services in accordance with 55,030
1208
Chapter 119. of the Revised Code. 55,031
(H) "Fiscal year" means the fiscal year of this state, as 55,033
specified in section 9.34 of the Revised Code. 55,034
(I) "Indirect care costs" means all reasonable costs other 55,036
than direct care costs, other protected costs, or capital costs. 55,037
"Indirect care costs" includes but is not limited to costs of 55,038
habilitation supplies, pharmacy consultants, medical and 55,039
habilitation records, program supplies, incontinence supplies, 55,040
food, enterals, dietary supplies and personnel, laundry, 55,041
housekeeping, security, administration, liability insurance, 55,042
bookkeeping, purchasing department, human resources, 55,043
communications, travel, dues, license fees, subscriptions, home 55,044
office costs not otherwise allocated, legal services, accounting 55,045
services, minor equipment, maintenance and repairs, help-wanted 55,047
advertising, informational advertising, start-up costs, 55,048
organizational expenses, other interest, property insurance, 55,049
employee training and staff development, employee benefits, 55,050
payroll taxes, and workers' compensation premiums or costs for 55,051
self-insurance claims and related costs as specified in rules 55,052
adopted by the department DIRECTOR of human JOB AND FAMILY 55,053
services in accordance with Chapter 119. of the Revised Code, for 55,054
personnel listed in this division. Notwithstanding division 55,055
(B)(1) of this section, "indirect care costs" also means the cost 55,056
of equipment, including vehicles, acquired by operating lease 55,057
executed before December 1, 1992, if the costs are reported as 55,058
administrative and general costs on the facility's cost report 55,059
for the cost reporting period ending December 31, 1992. 55,060
(J) "Inpatient days" means all days during which a 55,062
resident, regardless of payment source, occupies a bed in a 55,063
nursing facility or intermediate care facility for the mentally 55,064
retarded that is included in the facility's certified capacity 55,065
under Title XIX of the "Social Security Act," 49 Stat. 610 55,066
(1935), 42 U.S.C.A. 301, as amended. Therapeutic or hospital 55,067
leave days for which payment is made under section 5111.33 of the 55,068
1209
Revised Code are considered inpatient days proportionate to the 55,069
percentage of the facility's per resident per day rate paid for 55,070
those days. 55,071
(K) "Intermediate care facility for the mentally retarded" 55,073
means an intermediate care facility for the mentally retarded 55,074
certified as in compliance with applicable standards for the 55,075
medical assistance program by the director of health in 55,076
accordance with Title XIX of the "Social Security Act." 55,077
(L) "Maintenance and repair expenses" means, except as 55,079
provided in division (X)(2) of this section, expenditures that 55,080
are necessary and proper to maintain an asset in a normally 55,081
efficient working condition and that do not extend the useful 55,082
life of the asset two years or more. "Maintenance and repair 55,083
expenses" includes but is not limited to the cost of ordinary 55,084
repairs such as painting and wallpapering. 55,085
(M) "Nursing facility" means a facility, or a distinct 55,087
part of a facility, that is certified as a nursing facility by 55,088
the director of health in accordance with Title XIX of the 55,089
"Social Security Act," and is not an intermediate care facility 55,090
for the mentally retarded. "Nursing facility" includes a 55,091
facility, or a distinct part of a facility, that is certified as 55,092
a nursing facility by the director of health in accordance with 55,093
Title XIX of the "Social Security Act," and is certified as a 55,094
skilled nursing facility by the director in accordance with Title 55,095
XVIII of the "Social Security Act." 55,096
(N) "Other protected costs" means costs for medical 55,098
supplies; real estate, franchise, and property taxes; natural 55,099
gas, fuel oil, water, electricity, sewage, and refuse and 55,100
hazardous medical waste collection; allocated other protected 55,101
home office costs; and any additional costs defined as other 55,103
protected costs in rules adopted by the department DIRECTOR of 55,104
human JOB AND FAMILY services in accordance with Chapter 119. of 55,105
the Revised Code. 55,106
(O) "Owner" means any person or government entity that has 55,108
1210
at least five per cent ownership or interest, either directly, 55,109
indirectly, or in any combination, in a nursing facility or 55,110
intermediate care facility for the mentally retarded. 55,111
(P) "Patient" includes "resident." 55,113
(Q) Except as provided in divisions (Q)(1) and (2) of this 55,115
section, "per diem" means a nursing facility's or intermediate 55,116
care facility for the mentally retarded's actual, allowable costs 55,117
in a given cost center in a cost reporting period, divided by the 55,118
facility's inpatient days for that cost reporting period. 55,119
(1) When calculating indirect care costs for the purpose 55,121
of establishing rates under section 5111.24 or 5111.241 of the 55,122
Revised Code, "per diem" means a facility's actual, allowable 55,123
indirect care costs in a cost reporting period divided by the 55,124
greater of the facility's inpatient days for that period or the 55,125
number of inpatient days the facility would have had during that 55,126
period if its occupancy rate had been eighty-five per cent. 55,127
(2) When calculating capital costs for the purpose of 55,129
establishing rates under section 5111.25 or 5111.251 of the 55,130
Revised Code, "per diem" means a facility's actual, allowable 55,131
capital costs in a cost reporting period divided by the greater 55,132
of the facility's inpatient days for that period or the number of 55,133
inpatient days the facility would have had during that period if 55,134
its occupancy rate had been ninety-five per cent. 55,135
(R) "Provider" means a person or government entity that 55,137
operates a nursing facility or intermediate care facility for the 55,138
mentally retarded under a provider agreement. 55,139
(S) "Provider agreement" means a contract between the 55,141
department of human JOB AND FAMILY services and a nursing 55,142
facility or intermediate care facility for the mentally retarded 55,143
for the provision of nursing facility services or intermediate 55,144
care facility services for the mentally retarded under the 55,145
medical assistance program. 55,146
(T) "Purchased nursing services" means services that are 55,148
provided in a nursing facility by registered nurses, licensed 55,149
1211
practical nurses, or nurse aides who are not employees of the 55,150
facility. 55,151
(U) "Reasonable" means that a cost is an actual cost that 55,153
is appropriate and helpful to develop and maintain the operation 55,154
of patient care facilities and activities, including normal 55,155
standby costs, and that does not exceed what a prudent buyer pays 55,156
for a given item or services. Reasonable costs may vary from 55,157
provider to provider and from time to time for the same provider. 55,158
(V) "Related party" means an individual or organization 55,160
that, to a significant extent, has common ownership with, is 55,161
associated or affiliated with, has control of, or is controlled 55,162
by, the provider. 55,163
(1) An individual who is a relative of an owner is a 55,165
related party. 55,166
(2) Common ownership exists when an individual or 55,168
individuals possess significant ownership or equity in both the 55,169
provider and the other organization. Significant ownership or 55,170
equity exists when an individual or individuals possess five per 55,171
cent ownership or equity in both the provider and a supplier. 55,172
Significant ownership or equity is presumed to exist when an 55,173
individual or individuals possess ten per cent ownership or 55,174
equity in both the provider and another organization from which 55,175
the provider purchases or leases real property. 55,176
(3) Control exists when an individual or organization has 55,178
the power, directly or indirectly, to significantly influence or 55,179
direct the actions or policies of an organization. 55,180
(4) An individual or organization that supplies goods or 55,182
services to a provider shall not be considered a related party if 55,183
all of the following conditions are met: 55,184
(a) The supplier is a separate bona fide organization. 55,186
(b) A substantial part of the supplier's business activity 55,188
of the type carried on with the provider is transacted with 55,189
others than the provider and there is an open, competitive market 55,190
for the types of goods or services the supplier furnishes. 55,191
1212
(c) The types of goods or services are commonly obtained 55,193
by other nursing facilities or intermediate care facilities for 55,194
the mentally retarded from outside organizations and are not a 55,195
basic element of patient care ordinarily furnished directly to 55,196
patients by the facilities. 55,197
(d) The charge to the provider is in line with the charge 55,199
for the goods or services in the open market and no more than the 55,200
charge made under comparable circumstances to others by the 55,201
supplier. 55,202
(W) "Relative of owner" means an individual who is related 55,204
to an owner of a nursing facility or intermediate care facility 55,205
for the mentally retarded by one of the following relationships: 55,206
(1) Spouse; 55,208
(2) Natural parent, child, or sibling; 55,210
(3) Adopted parent, child, or sibling; 55,212
(4) Step-parent, step-child, step-brother, or step-sister; 55,214
(5) Father-in-law, mother-in-law, son-in-law, 55,216
daughter-in-law, brother-in-law, or sister-in-law; 55,217
(6) Grandparent or grandchild; 55,219
(7) Foster parent, foster child, foster brother, or foster 55,221
sister. 55,222
(X) "Renovation" and "extensive renovation" mean: 55,224
(1) Any betterment, improvement, or restoration of a 55,226
nursing facility or intermediate care facility for the mentally 55,227
retarded started before July 1, 1993, that meets the definition 55,228
of a renovation or extensive renovation established in rules 55,229
adopted by the department DIRECTOR of human JOB AND FAMILY 55,231
services in effect on December 22, 1992.
(2) In the case of betterments, improvements, and 55,233
restorations of nursing facilities and intermediate care 55,234
facilities for the mentally retarded started on or after July 1, 55,235
1993: 55,236
(a) "Renovation" means the betterment, improvement, or 55,238
restoration of a nursing facility or intermediate care facility 55,239
1213
for the mentally retarded beyond its current functional capacity 55,240
through a structural change that costs at least five hundred 55,241
dollars per bed. A renovation may include betterment, 55,242
improvement, restoration, or replacement of assets that are 55,243
affixed to the building and have a useful life of at least five 55,244
years. A renovation may include costs that otherwise would be 55,245
considered maintenance and repair expenses if they are an 55,246
integral part of the structural change that makes up the 55,247
renovation project. "Renovation" does not mean construction of 55,248
additional space for beds that will be added to a facility's 55,249
licensed or certified capacity. 55,250
(b) "Extensive renovation" means a renovation that costs 55,252
more than sixty-five per cent and no more than eighty-five per 55,253
cent of the cost of constructing a new bed and that extends the 55,254
useful life of the assets for at least ten years. 55,255
For the purposes of division (X)(2) of this section, the 55,257
cost of constructing a new bed shall be considered to be forty 55,258
thousand dollars, adjusted for the estimated rate of inflation 55,259
from January 1, 1993, to the end of the calendar year during 55,260
which the renovation is completed, using the consumer price index 55,261
for shelter costs for all urban consumers for the north central 55,262
region, as published by the United States bureau of labor 55,263
statistics. 55,264
The department of human JOB AND FAMILY services may treat a 55,266
renovation that costs more than eighty-five per cent of the cost 55,267
of constructing new beds as an extensive renovation if the 55,268
department determines that the renovation is more prudent than 55,269
construction of new beds. 55,270
Sec. 5111.202. (A) As used in this section: 55,279
(1) "Dementia" includes Alzheimer's disease or a related 55,281
disorder. 55,282
(2) "Serious mental illness" means "serious mental 55,284
illness," as defined by the United States department of health 55,285
and human services in regulations adopted under section
1214
1919(e)(7)(G)(i) of the "Social Security Act," 49 Stat. 620 55,286
(1935), 42 U.S.C.A. 301, as amended. 55,287
(3) "Mentally ill individual" means an individual who has 55,289
a serious mental illness other than either of the following: 55,290
(a) A primary diagnosis of dementia; 55,292
(b) A primary diagnosis that is not a primary diagnosis of 55,294
dementia and a primary diagnosis of something other than a 55,295
serious mental illness. 55,296
(4) "Mentally retarded individual" means an individual who 55,298
is mentally retarded or has a related condition, as described in 55,299
section 1905(d) of the "Social Security Act." 55,300
(5) "Specialized services" means the services specified by 55,302
the United States department of health and human services in 55,303
regulations adopted under section 1919(e)(7)(G)(iii) of the 55,304
"Social Security Act." 55,305
(B)(1) Except as provided in division (D) of this section, 55,307
no nursing facility shall admit as a resident any mentally ill 55,308
individual unless the facility has received evidence that the 55,309
department of mental health has determined both of the following 55,310
under section 5119.061 of the Revised Code: 55,311
(a) That the individual requires the level of services 55,313
provided by a nursing facility because of the individual's 55,314
physical and mental condition; 55,315
(b) Whether the individual requires specialized services 55,317
for mental illness. 55,318
(2) Except as provided in division (D) of this section, no 55,320
nursing facility shall admit as a resident any mentally retarded 55,321
individual unless the facility has received evidence that the 55,322
department of mental retardation and developmental disabilities 55,323
has determined both of the following under section 5123.021 of 55,324
the Revised Code: 55,325
(a) That the individual requires the level of services 55,327
provided by a nursing facility because of the individual's 55,328
physical and mental condition; 55,329
1215
(b) Whether the individual requires specialized services 55,331
for mental retardation. 55,332
(C) The department of human JOB AND FAMILY services shall 55,334
not make payments under the medical assistance program to a 55,335
nursing facility on behalf of any individual who is admitted to 55,336
the facility in violation of division (B) of this section for the 55,337
period beginning on the date of admission and ending on the date 55,338
the requirements of division (B) of this section are met. 55,339
(D) A determination under division (B) of this section is 55,341
not required for any individual who is exempted from the 55,342
requirement that a determination be made by division (B)(2) of 55,343
section 5119.061 of the Revised Code or rules adopted by the 55,344
department of mental health under division (E)(3) of that 55,345
section, or by division (B)(2) of section 5123.021 of the Revised 55,346
Code or rules adopted by the department of mental retardation and 55,347
developmental disabilities under division (E)(3) of that section. 55,348
Sec. 5111.203. Regardless of whether or not he AN 55,357
APPLICANT FOR ADMISSION TO A NURSING FACILITY OR RESIDENT OF A 55,358
NURSING FACILITY is an applicant for or recipient of medical 55,359
assistance, the department of human JOB AND FAMILY services shall
provide notice and an opportunity for a hearing to any applicant 55,360
for admission to a nursing facility or resident of a nursing 55,361
facility who is adversely affected by a determination made by the 55,363
department of mental health under section 5119.061 of the Revised 55,365
Code or by the department of mental retardation and developmental 55,367
disabilities under section 5123.021 of the Revised Code. The 55,368
hearing shall be conducted in the same manner as hearings 55,369
conducted under section 5101.35 of the Revised Code. Any 55,371
decision made by the department of human JOB AND FAMILY services
on the basis of the hearing is binding on the department of
mental health and the department of mental retardation and 55,372
developmental disabilities. 55,373
Sec. 5111.204. (A) As used in this section and in section 55,382
5111.205 of the Revised Code, "representative" means a person 55,383
1216
acting on behalf of an applicant for or recipient of medical 55,385
assistance. A representative may be a family member, attorney, 55,386
hospital social worker, or any other person chosen to act on 55,387
behalf of an applicant or recipient. 55,388
(B) The department of human JOB AND FAMILY services may 55,390
require an applicant for or recipient of medical assistance who 55,391
applies or intends to apply for admission to a nursing facility 55,392
to undergo an assessment to determine whether he THE APPLICANT OR 55,393
RECIPIENT needs the level of care provided by a nursing facility. 55,394
To the maximum extent possible, the assessment shall be based on 55,395
information from the resident assessment instrument specified in 55,396
rules adopted by the department DIRECTOR OF JOB AND FAMILY 55,397
SERVICES under division (A) of section 5111.231 of the Revised 55,398
Code. The assessment shall also be based on criteria and 55,399
procedures established in rules adopted under division (H) of 55,400
this section and information provided by the person being 55,401
assessed or his THE PERSON'S representative. The department of 55,402
human JOB AND FAMILY services, or if the assessment is performed 55,403
by another agency designated under section 5101.754 of the 55,405
Revised Code, the agency, shall, not later than the time the 55,406
assessment is required to be performed under division (C) of this 55,407
section, give written notice of its conclusions and the basis for 55,408
them to the person assessed and, if the department of human JOB 55,409
AND FAMILY services or designated entity has been informed that 55,411
the person has a representative, to the representative. 55,412
(C) The department of human JOB AND FAMILY services or 55,414
designated agency, whichever performs the assessment, shall 55,415
perform a complete assessment, or, if circumstances provided by 55,416
rules adopted under division (H) of this section exist, a partial 55,417
assessment, as follows: 55,418
(1) In the case of a person applying or intending to apply 55,420
to a nursing facility while hospitalized, not later than one of 55,421
the following: 55,422
(a) One working day after the person or his THE PERSON'S 55,424
1217
representative submits an application for admission to the 55,425
nursing facility or notifies the department of the person's 55,426
intention to apply;
(b) A later date requested by the person or his THE 55,428
PERSON'S representative. 55,429
(2) In the case of an emergency as determined in 55,431
accordance with rules adopted under division (H) of this section, 55,432
not later than one calendar day after the person or his THE 55,433
PERSON'S representative submits the application or notifies the 55,434
department of his THE PERSON'S intention to apply. 55,435
(3) In all other cases, not later than one of the 55,437
following: 55,438
(a) Five calendar days after the person or his THE 55,440
PERSON'S representative submits the application or notifies the 55,441
department of the person's intention to apply; 55,442
(b) A later date requested by the person or his THE 55,444
PERSON'S representative. 55,445
(D) If the department of human JOB AND FAMILY services or 55,447
designated agency conducts a partial assessment under division 55,448
(C) of this section, it shall complete the rest of the assessment 55,449
not later than one hundred eighty days after the date the person 55,450
is admitted to the nursing facility unless the department or 55,451
designated agency determines the person should be exempt from the 55,452
assessment. 55,453
(E) A person is not required to be assessed under this 55,455
section if the circumstances specified by rule adopted under 55,456
division (H) of this section exist or the department of human JOB 55,457
AND FAMILY services or designated agency determines after a
partial assessment that the person should be exempt from the 55,458
assessment.
(F) A person assessed under this section or the person's 55,460
representative may appeal the conclusions reached by the 55,461
department of human JOB AND FAMILY services or designated agency
on the basis of the assessment. The appeal shall be made in 55,462
1218
accordance with section 5101.35 of the Revised Code. The 55,463
department of human JOB AND FAMILY services or designated agency,
whichever performs the assessment, shall provide to the person or 55,465
his THE PERSON'S representative and the nursing facility written 55,466
notice of the person's right to appeal. The notice shall include 55,467
an explanation of the procedure for filing an appeal. 55,468
(G) A nursing facility that admits or retains a person 55,470
determined pursuant to an assessment required under division (B) 55,471
or (C) of this section not to need the level of care provided by 55,472
the nursing facility shall not be reimbursed under the medical 55,473
assistance program for the person's care. 55,474
(H) The department DIRECTOR of human JOB AND FAMILY 55,477
services shall adopt rules in accordance with Chapter 119. of the 55,478
Revised Code to implement and administer this section. The rules 55,479
shall include all of the following: 55,480
(1) Criteria and procedures to be used in determining 55,482
whether admission to a nursing facility is appropriate for the 55,483
person being assessed. The criteria shall include consideration 55,484
of whether the person is in need of any of the following: 55,485
(a) Nursing or rehabilitation services; 55,487
(b) Assistance with two or more of the activities of daily 55,489
living; 55,490
(c) Continuous supervision to prevent harm to the person 55,492
as a result of cognitive impairment. 55,493
(2) Information the person being assessed or his THE 55,495
PERSON'S representative must provide to the department or 55,496
designated agency for purposes of the assessment; 55,497
(3) Circumstances under which the department of human JOB 55,499
AND FAMILY services or designated agency may perform a partial
assessment under division (C) of this section; 55,500
(4) Circumstances under which a person is not required to 55,502
be assessed. 55,503
Sec. 5111.205. If the recommendation resulting from an 55,512
assessment made under section 5111.204 of the Revised Code is 55,514
1219
that home and community-based services are appropriate for the 55,516
person assessed, the department of human JOB AND FAMILY services
or agency designated under section 5101.754 of the Revised Code, 55,517
whichever performed the assessment, may develop a plan in 55,519
consultation with the person or his THE PERSON'S representative 55,520
for provision of home and community-based services to that 55,521
person. If a plan is developed, the department or designated 55,522
agency shall implement the plan agreed to by the person or his 55,523
THE PERSON'S representative not later than one working day after 55,524
the plan is agreed to unless the person or representative agrees 55,525
to a later implementation date.
Sec. 5111.21. (A) Subject to sections 5111.01, 5111.011, 55,534
5111.012, and 5111.02 of the Revised Code, the department of 55,535
human JOB AND FAMILY services shall pay, as provided in sections
5111.20 to 5111.32 of the Revised Code, the reasonable costs of 55,536
services provided to an eligible medicaid recipient by an 55,537
eligible nursing facility or intermediate care facility for the 55,538
mentally retarded.
In order to be eligible for medical assistance payments, a 55,540
nursing facility or intermediate care facility for the mentally 55,541
retarded shall do all of the following: 55,542
(1) Enter into a provider agreement with the department as 55,544
provided in section 5111.22 of the Revised Code; 55,545
(2) Apply for and maintain a valid license to operate if 55,547
so required by law; 55,548
(3) Comply with all applicable state and federal laws and 55,550
rules. 55,551
(B) A nursing facility that elects to obtain and maintain 55,553
eligibility for payments under the medicare program established 55,554
by Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 55,555
42 U.S.C.A. 301, as amended may qualify all or part of the 55,556
facility in the medicare program. 55,557
Sec. 5111.22. A provider agreement between the department 55,566
of human JOB AND FAMILY services and a nursing facility or 55,567
1220
intermediate care facility for the mentally retarded shall 55,568
contain the following provisions: 55,569
(A) The department agrees to: 55,571
(1) Make payments to the nursing facility or intermediate 55,573
care facility for the mentally retarded for patients eligible for 55,574
services under the medical assistance program as provided in 55,575
sections 5111.20 to 5111.32 of the Revised Code. Payments shall 55,576
be made no later than the fifteenth day of the month following a 55,577
month in which care and services are provided to recipients of 55,578
medical assistance. Such payments shall be retroactive to the 55,579
first day of the month in which an application for benefits is 55,580
made or the day a recipient of medical assistance is admitted to 55,581
the facility. In the case of newly admitted recipients of 55,582
medical assistance, the first payment shall be made no later than 55,583
sixty days following the date of authorized admission. No 55,584
payment shall be made for the day a recipient is discharged from 55,585
the facility. 55,586
(2) Provide copies of department rules governing the 55,588
facility's participation as a provider in the medical assistance 55,589
program. Whenever the department DIRECTOR OF JOB AND FAMILY 55,590
SERVICES files a proposed rule or proposed rule in revised form 55,592
under division (D) of section 111.15 or division (B) of section 55,593
119.03 of the Revised Code, the department shall provide the 55,594
facility with one copy of such rule. In the case of a rescission 55,595
or proposed rescission of a rule, the department may provide the 55,596
rule number and title instead of the rules rescinded or proposed 55,597
to be rescinded.
(B) The provider agrees to: 55,599
(1) Maintain eligibility as provided in section 5111.21 of 55,601
the Revised Code; 55,602
(2) Keep records relating to a cost reporting period for 55,604
the greater of seven years after the cost report is filed or, if 55,605
the department issues an audit report in accordance with division 55,606
(B) of section 5111.27 of the Revised Code, six years after all 55,607
1221
appeal rights relating to the audit report are exhausted; 55,608
(3) File reports as required by the department; 55,610
(4) Open all records relating to the costs of its services 55,612
for inspection and audit by the department; 55,613
(5) Open its premises for inspection by the department, 55,615
the department of health, and any other state or local authority 55,616
having authority to inspect; 55,617
(6) Supply to the department such information as it 55,619
requires concerning the facility's services to patients who are 55,620
or are eligible to be medicaid recipients; 55,621
(7) Comply with section 5111.31 of the Revised Code. 55,623
The provider agreement may contain other provisions that 55,625
are consistent with law and considered necessary by the 55,626
department. 55,627
A provider agreement shall be effective for no longer than 55,629
twelve months, except that if federal statute or regulations 55,630
authorize a longer term, it may be effective for a longer term so 55,631
authorized. A provider agreement may be renewed only if the 55,632
facility is certified by the department of health for 55,633
participation in the medicaid program. 55,634
The department of human JOB AND FAMILY services, in 55,636
accordance with rules adopted BY THE DIRECTOR pursuant to Chapter 55,638
119. of the Revised Code, may elect not to enter into, not to 55,640
renew, or to terminate a provider agreement when the department 55,641
determines that such an agreement would not be in the best 55,642
interests of the recipients or of the state. 55,643
Sec. 5111.221. The department of human JOB AND FAMILY 55,652
services shall make its best efforts each year to calculate rates 55,653
under sections 5111.23 to 5111.29 of the Revised Code in time to 55,654
use them to make the payments due to nursing facilities and 55,655
intermediate care facilities for the mentally retarded by the
fifteenth day of August. If the department is unable to 55,656
calculate the rates so that they can be paid by that date, the 55,657
department shall pay each facility the rate calculated for it 55,658
1222
under those sections at the end of the previous fiscal year. If 55,659
the department also is unable to calculate the rates to make the 55,660
payments due by the fifteenth day of September and the fifteenth 55,662
day of October, the department shall pay the previous fiscal 55,663
year's rate to make those payments. The department may increase 55,664
by five per cent the previous fiscal year's rate paid to any 55,665
facility pursuant to this section at the request of the facility.
The department shall use rates calculated for the current fiscal 55,666
year to make the payments due by the fifteenth day of November. 55,667
If the rate paid to a facility pursuant to this section is 55,669
lower than the rate calculated for it for the current fiscal 55,670
year, the department shall pay the facility the difference 55,671
between the two rates for the number of days for which the 55,672
facility was paid pursuant to this section. If the rate paid to
a facility pursuant to this section is higher than the rate 55,673
calculated for it for the current fiscal year, the facility shall 55,674
refund to the department the difference between the two rates for 55,675
the number of days for which the facility was paid pursuant to 55,676
this section.
Sec. 5111.23. (A) The department of human JOB AND FAMILY 55,685
services shall pay each eligible nursing facility and 55,687
intermediate care facility for the mentally retarded a per 55,688
resident per day rate for direct care costs established 55,689
prospectively for each facility. Except as provided in division 55,690
(C)(2) of this section, the department shall establish each 55,691
facility's rate for direct care costs quarterly. 55,692
(B) Each facility's rate for direct care costs shall be 55,694
based on the facility's cost per case-mix unit, subject to the 55,695
maximum costs per case-mix unit established under division (B)(2) 55,697
of this section, from the calendar year preceding the fiscal year 55,698
in which the rate is paid. To determine the rate, the department 55,699
shall do all of the following:
(1) Determine each facility's cost per case-mix unit for 55,701
the calendar year preceding the fiscal year in which the rate 55,702
1223
will be paid by dividing the facility's desk-reviewed, actual, 55,703
allowable, per diem direct care costs for that year by its 55,704
average case-mix score determined under section 5111.231 of the 55,705
Revised Code for the same calendar year. 55,706
(2)(a) Set the maximum cost per case-mix unit for each 55,708
peer group of nursing facilities specified in rules adopted under 55,709
division (E) of this section at a percentage above the cost per 55,710
case-mix unit of the facility in the group that has the group's 55,711
median medicaid inpatient day for the calendar year preceding the 55,713
fiscal year in which the rate will be paid, as calculated under 55,714
division (B)(1) of this section, that is no less than the
percentage calculated under division (D)(1) of this section. 55,715
(b) Set the maximum cost per case-mix unit for each peer 55,717
group of intermediate care facilities for the mentally retarded 55,718
with more than eight beds specified in rules adopted under 55,719
division (E) of this section at a percentage above the cost per 55,720
case-mix unit of the facility in the group that has the group's 55,721
median medicaid inpatient day for the calendar year preceding the 55,723
fiscal year in which the rate will be paid, as calculated under 55,724
division (B)(1) of this section, that is no less than the
percentage calculated under division (D)(2) of this section. 55,725
(c) Set the maximum cost per case-mix unit for each peer 55,727
group of intermediate care facilities for the mentally retarded 55,728
with eight or fewer beds specified in rules adopted under 55,729
division (E) of this section at a percentage above the cost per 55,730
case-mix unit of the facility in the group that has the group's 55,731
median medicaid inpatient day for the calendar year preceding the 55,733
fiscal year in which the rate will be paid, as calculated under 55,734
division (B)(1) of this section, that is no less than the
percentage calculated under division (D)(3) of this section. 55,735
(d) In calculating the maximum cost per case-mix unit 55,737
under divisions (B)(2)(a) to (c) of this section for each peer 55,738
group, the department shall exclude from its calculations the 55,739
cost per case-mix unit of any facility in the group that 55,740
1224
participated in the medical assistance program under the same
operator for less than twelve months during the calendar year 55,741
preceding the fiscal year in which the rate will be paid. 55,742
(3) Estimate the rate of inflation for the eighteen-month 55,744
period beginning on the first day of July of the calendar year 55,745
preceding the fiscal year in which the rate will be paid and 55,746
ending on the thirty-first day of December of the fiscal year in 55,747
which the rate will be paid, using the employment cost index for 55,748
total compensation, health services component, published by the 55,749
United States bureau of labor statistics. If the estimated 55,750
inflation rate for the eighteen-month period is different from 55,751
the actual inflation rate for that period, as measured using the 55,752
same index, the difference shall be added to or subtracted from 55,753
the inflation rate estimated under division (B)(3) of this 55,754
section for the following fiscal year. 55,755
(4) The department shall not recalculate a maximum cost 55,757
per case-mix unit under division (B)(2) of this section or a 55,759
percentage under division (D) of this section based on additional 55,760
information that it receives after the maximum costs per case-mix 55,761
unit or percentages are set. The department shall recalculate a 55,762
maximum cost per case-mix units or percentage only if it made an 55,763
error in computing the maximum cost per case-mix unit or 55,764
percentage based on information available at the time of the 55,765
original calculation.
(C) Each facility's rate for direct care costs shall be 55,767
determined as follows for each calendar quarter within a fiscal 55,768
year: 55,769
(1) Multiply the lesser of the following by the facility's 55,771
average case-mix score determined under section 5111.231 of the 55,772
Revised Code for the calendar quarter that preceded the 55,773
immediately preceding calendar quarter: 55,774
(a) The facility's cost per case-mix unit for the calendar 55,776
year preceding the fiscal year in which the rate will be paid, as 55,777
determined under division (B)(1) of this section; 55,778
1225
(b) The maximum cost per case-mix unit established for the 55,781
fiscal year in which the rate will be paid for the facility's
peer group under division (B)(2) of this section; 55,782
(2) Adjust the product determined under division (C)(1) of 55,786
this section by the inflation rate estimated under division
(B)(3) of this section. 55,787
(D)(1) The department shall calculate the percentage above 55,789
the median cost per case-mix unit determined under division 55,790
(B)(1) of this section for the facility that has the median 55,791
medicaid inpatient day for calendar year 1992 for all nursing 55,792
facilities that would result in payment of all desk-reviewed, 55,793
actual, allowable direct care costs for eighty-five per cent of 55,794
the medicaid inpatient days for nursing facilities for calendar 55,795
year 1992. 55,796
(2) The department shall calculate the percentage above 55,798
the median cost per case-mix unit determined under division 55,799
(B)(1) of this section for the facility that has the median 55,800
medicaid inpatient day for calendar year 1992 for all 55,801
intermediate care facilities for the mentally retarded with more 55,802
than eight beds that would result in payment of all 55,803
desk-reviewed, actual, allowable direct care costs for eighty and 55,804
one-half per cent of the medicaid inpatient days for such 55,805
facilities for calendar year 1992. 55,806
(3) The department shall calculate the percentage above 55,808
the median cost per case-mix unit determined under division 55,809
(B)(1) of this section for the facility that has the median 55,810
medicaid inpatient day for calendar year 1992 for all 55,811
intermediate care facilities for the mentally retarded with eight 55,812
or fewer beds that would result in payment of all desk-reviewed, 55,813
actual, allowable direct care costs for eighty and one-half per 55,814
cent of the medicaid inpatient days for such facilities for 55,815
calendar year 1992. 55,816
(E) The department DIRECTOR OF JOB AND FAMILY SERVICES 55,818
shall adopt rules in accordance with Chapter 119. of the Revised 55,820
1226
Code that specify peer groups of nursing facilities, intermediate 55,821
care facilities for the mentally retarded with more than eight 55,822
beds, and intermediate care facilities for the mentally retarded 55,823
with eight or fewer beds, based on findings of significant per 55,824
diem direct care cost differences due to geography and facility 55,825
bed-size. The rules also may specify peer groups based on 55,826
findings of significant per diem direct care cost differences due 55,827
to other factors which may include, in the case of intermediate 55,828
care facilities for the mentally retarded, case-mix. 55,829
(F) The department, in accordance with division (C) of 55,831
section 5111.231 of the Revised Code and rules adopted under 55,832
division (D) of that section, may assign case-mix scores or costs 55,833
per case-mix unit if a facility fails to submit assessment 55,834
information necessary to calculate its case-mix score in 55,835
accordance with that section. 55,836
Sec. 5111.231. (A)(1) The department of human JOB AND 55,845
FAMILY services shall determine case-mix scores for nursing 55,847
facilities using data for each resident, regardless of payment 55,848
source, from a resident assessment instrument specified in rules 55,849
adopted in accordance with Chapter 119. of the Revised Code 55,850
pursuant to section 1919(e)(5) of the "Social Security Act," 49 55,851
Stat. 620 (1935), 42 U.S.C.A. 1396r(e)(5), as amended, and the 55,852
case-mix values established by the United States department of 55,853
health and human services. Except as modified in rules adopted 55,854
under division (A)(1)(c) of this section, the department also 55,855
shall use the grouper methodology used on the effective date of 55,858
this amendment JUNE 30, 1999, by the United States department of 55,860
health and human services for prospective payment of skilled
nursing facilities under the medicare program established by 55,861
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 55,863
U.S.C.A. 301, as amended. The department DIRECTOR OF JOB AND 55,864
FAMILY SERVICES may adopt rules in accordance with Chapter 119. 55,865
of the Revised Code that do any of the following: 55,866
(a) Adjust the case-mix values to reflect changes in 55,868
1227
relative wage differentials that are specific to this state; 55,869
(b) Express all of the case-mix values in numeric terms 55,871
that are different from the terms specified by the United States 55,872
department of health and human services but that do not alter the 55,873
relationship of the case-mix values to one another; 55,874
(c) Modify the grouper methodology as follows: 55,876
(i) Establish a different hierarchy for assigning 55,878
residents to case-mix categories under the methodology; 55,879
(ii) Prohibit the use of the index maximizer element of 55,881
the methodology; 55,882
(iii) Incorporate changes to the methodology the United 55,884
States department of health and human services makes after the 55,885
effective date of this amendment JUNE 30, 1999; 55,886
(iv) Make other changes the medicaid long-term care 55,890
reimbursement study council established by section 5111.34 of the 55,892
Revised Code approves.
(2) The department shall determine case-mix scores for 55,894
intermediate care facilities for the mentally retarded using data 55,895
for each resident, regardless of payment source, from a resident 55,896
assessment instrument and grouper methodology prescribed in rules 55,897
adopted in accordance with Chapter 119. of the Revised Code and 55,899
expressed in case-mix values established by the department in 55,900
those rules. The department may change the grouper methodology 55,901
prescribed in rules in effect on the effective date of this 55,903
amendment JUNE 30, 1999, only if the medicaid long-term care 55,904
reimbursement study council approves the change. 55,905
(B) Not later than fifteen days after the end of each 55,907
calendar quarter, each nursing facility and intermediate care 55,908
facility for the mentally retarded shall submit to the department 55,909
the complete assessment data, from the instrument specified in 55,910
rules adopted under division (A) of this section, for each 55,911
resident, regardless of payment source, who was in the facility 55,912
or on hospital or therapeutic leave from the facility on the last 55,913
day of the quarter. 55,914
1228
Except as provided in division (C) of this section, the 55,916
department, after the end of each calendar year and pursuant to 55,917
procedures specified in rules adopted in accordance with Chapter 55,918
119. of the Revised Code, shall calculate an annual average 55,919
case-mix score for each nursing facility and intermediate care 55,920
facility for the mentally retarded using the facility's quarterly 55,921
case-mix scores for that calendar year. 55,922
(C)(1) If a facility does not timely submit information 55,924
for a calendar quarter necessary to calculate its case-mix score, 55,925
or submits incomplete or inaccurate information for a calendar 55,926
quarter, the department may assign the facility a quarterly 55,927
average case-mix score that is five per cent less than the 55,928
facility's quarterly average case-mix score for the preceding 55,929
calendar quarter. If the facility was subject to an exception 55,930
review under division (C) of section 5111.27 of the Revised Code 55,931
for the preceding calendar quarter, the department may assign a 55,932
quarterly average case-mix score that is five per cent less than 55,933
the score determined by the exception review. If the facility 55,934
was assigned a quarterly average case-mix score for the preceding 55,935
quarter, the department may assign a quarterly average case-mix 55,936
score that is five per cent less than that score assigned for the 55,937
preceding quarter. 55,938
The department may use a quarterly average case-mix score 55,940
assigned under division (C)(1) of this section, instead of a 55,941
quarterly average case-mix score calculated based on the 55,942
facility's submitted information, to calculate the facility's 55,943
rate for direct care costs being established under section 55,944
5111.23 of the Revised Code for one or more months, as specified 55,945
in rules adopted under division (D) of this section, of the 55,946
quarter for which the rate established under section 5111.23 of 55,947
the Revised Code will be paid. 55,948
Before taking action under division (C)(1) of this section, 55,950
the department shall permit the facility a reasonable period of 55,951
time, specified in rules adopted under division (D) of this 55,952
1229
section, to correct the information. In the case of an 55,953
intermediate care facility for the mentally retarded, the 55,954
department shall not assign a quarterly average case-mix score 55,956
due to late submission of corrections to assessment information 55,957
unless the facility fails to submit corrected information prior 55,958
to the eighty-first day after the end of the calendar quarter to 55,959
which the information pertains. In the case of a nursing 55,960
facility, the department shall not assign a quarterly average 55,961
case-mix score due to late submission of corrections to 55,962
assessment information unless the facility fails to submit
corrected information prior to the earlier of the eighty-first 55,963
day after the end of the calendar quarter to which the 55,964
information pertains or the deadline for submission of such 55,965
corrections established by regulations adopted by the United 55,966
States department of health and human services under Titles XVIII 55,967
and XIX of the Social Security Act. 55,968
(2) If a facility is paid a rate calculated using a 55,970
quarterly average case-mix score assigned under division (C)(1) 55,971
of this section for more than six months in a calendar year, the 55,972
department may assign the facility a cost per case-mix unit that 55,973
is five per cent less than the facility's actual or assigned cost 55,974
per case-mix unit for the preceding calendar year. The 55,975
department may use the assigned cost per case-mix unit, instead 55,976
of calculating the facility's actual cost per case-mix unit in 55,977
accordance with section 5111.23 of the Revised Code, to establish 55,978
the facility's rate for direct care costs for the following 55,979
fiscal year. 55,980
(3) The department shall take action under division (C)(1) 55,982
or (2) of this section only in accordance with rules adopted 55,983
under division (D) of this section. The department shall not 55,984
take an action that affects rates for prior payment periods 55,985
except in accordance with sections 5111.27 and 5111.28 of the 55,986
Revised Code. 55,987
(D) The department DIRECTOR may adopt rules in accordance 55,989
1230
with Chapter 119. of the Revised Code that do any of the 55,990
following:
(1) Specify the medium or media through which the 55,992
completed assessment information shall be submitted; 55,993
(2) Establish procedures under which the department will 55,995
review assessment information for accuracy and notify the 55,996
facility of any information that requires correction; 55,997
(3) Establish procedures for facilities to correct 55,999
assessment information. The procedures may prohibit an 56,001
intermediate care facility for the mentally retarded from 56,002
submitting corrected assessment information, for the purpose of 56,003
calculating its annual average case-mix score, more than two 56,004
calendar quarters after the end of the quarter to which the 56,005
information pertains or, if the information pertains to the 56,006
quarter ending the thirty-first day of December, after the 56,007
thirty-first day of the following March. The procedures may 56,008
limit the content of corrections by nursing facilities in the 56,009
manner required by regulations adopted by the United States 56,010
department of health and human services under Titles XVIII and 56,011
XIX of the Social Security Act and prohibit a nursing facility 56,013
from submitting corrected assessment information, for the purpose 56,014
of calculating its annual average case-mix score, more than the 56,015
earlier of the following:
(a) Two calendar quarters after the end of the quarter to 56,017
which the information pertains or, if the information pertains to 56,018
the quarter ending the thirty-first day of December, after the 56,019
thirty-first day of the following March; 56,020
(b) The deadline for submission of such corrections 56,022
established by regulations adopted by the United States 56,023
department of health and human services under Titles XVIII and 56,024
XIX of the Social Security Act. 56,025
(4) Specify when and how the department will assign 56,027
case-mix scores or costs per case-mix unit under division (C) of 56,028
this section if information necessary to calculate the facility's 56,029
1231
average annual or quarterly case-mix score is not provided or 56,030
corrected in accordance with the procedures established by the 56,031
rules. Notwithstanding any other provision of sections 5111.20 56,032
to 5111.32 of the Revised Code, the rules also may provide for 56,033
exclusion of case-mix scores assigned under division (C) of this 56,034
section from calculation of the facility's annual average 56,035
case-mix score and the maximum cost per case-mix unit for the 56,036
facility's peer group. 56,037
Sec. 5111.235. The department of human JOB AND FAMILY 56,046
services shall pay each eligible nursing facility and 56,048
intermediate care facility for the mentally retarded a per 56,049
resident per day rate for other protected costs established 56,050
prospectively each fiscal year for each facility. The rate for 56,052
each facility shall be the facility's desk-reviewed, actual, 56,054
allowable, per diem other protected costs from the calendar year 56,056
preceding the fiscal year in which the rate will be paid, all 56,058
adjusted, except for franchise permit fees paid under section 56,059
3721.53 of the Revised Code, for the estimated inflation rate for 56,060
the eighteen-month period beginning on the first day of July of 56,062
the calendar year preceding the fiscal year in which the rate 56,063
will be paid and ending on the thirty-first day of December of 56,064
that fiscal year. The department shall estimate inflation using
the consumer price index for all urban consumers for 56,065
nonprescription drugs and medical supplies, as published by the 56,066
United States bureau of labor statistics. If the estimated 56,067
inflation rate for the eighteen-month period is different from 56,068
the actual inflation rate for that period, the difference shall
be added to or subtracted from the inflation rate estimated for 56,069
the following year.
Sec. 5111.24. (A) The department of human JOB AND FAMILY 56,078
services shall pay each eligible nursing facility a per resident 56,079
per day rate for indirect care costs established prospectively 56,080
each fiscal year for each facility. The rate for each nursing 56,081
facility shall be the sum of the following, but shall not exceed 56,082
1232
the maximum rate established for the facility's peer group under 56,083
division (B) of this section: 56,084
(1) The facility's desk-reviewed, actual, allowable, per 56,086
diem indirect care costs from the calendar year preceding the 56,087
fiscal year in which the rate will be paid, adjusted for the 56,088
inflation rate estimated under division (C)(1) of this section; 56,089
(2) An efficiency incentive in the following amount: 56,091
(a) For fiscal years ending in even-numbered calendar 56,093
years, the difference between the maximum rate established for 56,094
the facility's peer group under division (B) of this section and 56,095
the median, actual, allowable, per diem indirect care costs for 56,096
the facility's peer group; 56,097
(b) For fiscal years ending in odd-numbered calendar 56,099
years, the amount calculated for the preceding fiscal year under 56,100
division (A)(2)(a) of this section. 56,101
(B) The maximum rate for indirect care costs for each peer 56,103
group of nursing facilities specified in rules adopted under 56,104
division (D) of this section shall be determined as follows: 56,105
(1) For fiscal years that end in even-numbered calendar 56,107
years, the maximum rate for each peer group shall be the rate 56,108
that is twelve and one-half per cent above the desk-reviewed, 56,109
actual, allowable, per diem indirect care cost of the facility in 56,110
the peer group that has the group's median medicaid inpatient day 56,111
for the calendar year preceding the fiscal year in which the rate 56,112
will be paid, adjusted by the inflation rate estimated under 56,113
division (C)(1) of this section. In determining the maximum rate 56,114
for each peer group, the department shall exclude from its 56,115
calculations both of the following:
(a) Facilities in the group that participated in the 56,117
medical assistance program under the same operator for less than 56,118
twelve months in the calendar year preceding the fiscal year in 56,119
which the rate will be paid;
(b) Facilities in the group whose indirect care costs are 56,121
more than three standard deviations from the mean desk-reviewed, 56,122
1233
actual, allowable, per diem indirect care cost for all nursing 56,123
facilities for the calendar year preceding the fiscal year in 56,124
which the rate will be paid.
(2) For fiscal years that end in odd-numbered calendar 56,126
years, the maximum rate for each peer group is the group's 56,127
maximum rate for the previous fiscal year, adjusted for the 56,128
inflation rate estimated under division (C)(2) of this section. 56,129
(3) The department shall not recalculate a maximum rate 56,131
for indirect care costs under division (B)(1) or (2) of this 56,132
section based on additional information that it receives after 56,133
the maximum rate is set. The department shall recalculate the 56,134
maximum rate for indirect care costs only if it made an error in 56,135
computing the maximum rate based on the information available at 56,136
the time of the original calculation. 56,137
(C)(1) When adjusting rates for inflation under divisions 56,139
(A) and (B)(1) of this section, the department shall estimate the 56,140
rate of inflation for the eighteen-month period beginning on the 56,141
first day of July of the calendar year preceding the fiscal year 56,142
in which the rate will be paid and ending on the thirty-first day 56,143
of December of the fiscal year in which the rate will be paid, 56,144
using the consumer price index for all items for all urban 56,145
consumers for the north central region, published by the United 56,146
States bureau of labor statistics. 56,147
(2) When adjusting rates for inflation under division 56,149
(B)(2) of this section, the department shall estimate the rate of 56,150
inflation for the twelve-month period beginning on the first day 56,151
of January preceding the fiscal year in which the rate will be 56,152
paid and ending on the thirty-first day of December of the fiscal 56,153
year in which the rate will be paid, using the consumer price 56,154
index for all items for all urban consumers for the north central 56,155
region, published by the United States bureau of labor 56,156
statistics. 56,157
(3) If an inflation rate estimated under division (C)(1) 56,159
or (2) of this section is different from the actual inflation 56,160
1234
rate for the relevant time period, as measured using the same 56,161
index, the difference shall be added to or subtracted from the 56,162
inflation rate estimated for the same purpose pursuant to this 56,163
division for the following fiscal year. 56,164
(D) The department DIRECTOR OF JOB AND FAMILY SERVICES 56,166
shall adopt rules in accordance with Chapter 119. of the Revised 56,168
Code that specify peer groups of nursing facilities based on 56,169
findings of significant per diem indirect care cost differences 56,170
due to geography and facility bed-size. The rules also may 56,171
specify peer groups based on findings of significant per diem 56,172
indirect care cost differences due to other factors. 56,173
Sec. 5111.241. (A) The department of human JOB AND FAMILY 56,182
services shall pay each eligible intermediate care facility for 56,183
the mentally retarded a per resident per day rate for indirect 56,184
care costs established prospectively each fiscal year for each 56,185
facility. The rate for each intermediate care facility for the 56,186
mentally retarded shall be the sum of the following, but shall 56,187
not exceed the maximum rate established for the facility's peer 56,188
group under division (B) of this section: 56,189
(1) The facility's desk-reviewed, actual, allowable, per 56,191
diem indirect care costs from the calendar year preceding the 56,192
fiscal year in which the rate will be paid, adjusted for the 56,193
inflation rate estimated under division (C)(1) of this section; 56,194
(2) An efficiency incentive in the following amount: 56,196
(a) For fiscal years ending in even-numbered calendar 56,198
years: 56,199
(i) In the case of intermediate care facilities for the 56,201
mentally retarded with more than eight beds, seven and one-tenth 56,202
per cent of the maximum rate established for the facility's peer 56,203
group under division (B) of this section; 56,204
(ii) In the case of intermediate care facilities for the 56,206
mentally retarded with eight or fewer beds, seven per cent of the 56,207
maximum rate established for the facility's peer group under 56,208
division (B) of this section; 56,209
1235
(b) For fiscal years ending in odd-numbered calendar 56,211
years, the amount calculated for the preceding fiscal year under 56,212
division (A)(2)(a) of this section. 56,213
(B)(1) The maximum rate for indirect care costs for each 56,215
peer group of intermediate care facilities for the mentally 56,216
retarded with more than eight beds specified in rules adopted 56,217
under division (D) of this section shall be determined as 56,218
follows: 56,219
(a) For fiscal years ending in even-numbered calendar 56,221
years, the maximum rate for each peer group shall be the rate 56,222
that is no less than twelve and four-tenths per cent above the 56,223
median desk-reviewed, actual, allowable, per diem indirect care 56,224
cost for all intermediate care facilities for the mentally 56,225
retarded with more than eight beds in the group, excluding 56,226
facilities in the group whose indirect care costs for that period 56,227
are more than three standard deviations from the mean 56,228
desk-reviewed, actual, allowable, per diem indirect care cost for 56,229
all intermediate care facilities for the mentally retarded with 56,230
more than eight beds, for the calendar year preceding the fiscal 56,231
year in which the rate will be paid, adjusted by the inflation 56,232
rate estimated under division (C)(1) of this section. 56,233
(b) For fiscal years ending in odd-numbered calendar 56,235
years, the maximum rate for each peer group is the group's 56,236
maximum rate for the previous fiscal year, adjusted for the 56,237
inflation rate estimated under division (C)(2) of this section. 56,238
(2) The maximum rate for indirect care costs for each peer 56,240
group of intermediate care facilities for the mentally retarded 56,241
with eight or fewer beds specified in rules adopted under 56,242
division (D) of this section shall be determined as follows: 56,243
(a) For fiscal years ending in even-numbered calendar 56,245
years, the maximum rate for each peer group shall be the rate 56,246
that is no less than ten and three-tenths per cent above the 56,247
median desk-reviewed, actual, allowable, per diem indirect care 56,248
cost for all intermediate care facilities for the mentally 56,249
1236
retarded with eight or fewer beds in the group, excluding 56,250
facilities in the group whose indirect care costs are more than 56,251
three standard deviations from the mean desk-reviewed, actual, 56,252
allowable, per diem indirect care cost for all intermediate care 56,253
facilities for the mentally retarded with eight or fewer beds, 56,254
for the calendar year preceding the fiscal year in which the rate 56,255
will be paid, adjusted by the inflation rate estimated under 56,256
division (C)(1) of this section. 56,257
(b) For fiscal years that end in odd-numbered calendar 56,259
years, the maximum rate for each peer group is the group's 56,260
maximum rate for the previous fiscal year, adjusted for the 56,261
inflation rate estimated under division (C)(2) of this section. 56,262
(3) The department shall not recalculate a maximum rate 56,264
for indirect care costs under division (B)(1) or (2) of this 56,265
section based on additional information that it receives after 56,266
the maximum rate is set. The department shall recalculate the 56,267
maximum rate for indirect care costs only if it made an error in 56,268
computing the maximum rate based on the information available at 56,269
the time of the original calculation. 56,270
(C)(1) When adjusting rates for inflation under divisions 56,272
(A)(1), (B)(1)(a), and (B)(2)(a) of this section, the department 56,273
shall estimate the rate of inflation for the eighteen-month 56,274
period beginning on the first day of July of the calendar year 56,275
preceding the fiscal year in which the rate will be paid and 56,276
ending on the thirty-first day of December of the fiscal year in 56,277
which the rate will be paid, using the consumer price index for 56,278
all items for all urban consumers for the north central region, 56,279
published by the United States bureau of labor statistics. 56,280
(2) When adjusting rates for inflation under divisions 56,282
(B)(1)(b) and (B)(2)(b) of this section, the department shall 56,283
estimate the rate of inflation for the twelve-month period 56,284
beginning on the first day of January of the fiscal year 56,285
preceding the fiscal year in which the rate will be paid and 56,286
ending on the thirty-first day of December of the fiscal year in 56,287
1237
which the rate will be paid, using the consumer price index for 56,288
all items for all urban consumers for the north central region, 56,289
published by the United States bureau of labor statistics. 56,290
(3) If an inflation rate estimated under division (C)(1) 56,292
or (2) of this section is different from the actual inflation 56,293
rate for the relevant time period, as measured using the same 56,294
index, the difference shall be added to or subtracted from the 56,295
inflation rate estimated pursuant to this division for the 56,296
following fiscal year. 56,297
(D) The department DIRECTOR OF JOB AND FAMILY SERVICES 56,299
shall adopt rules in accordance with Chapter 119. of the Revised 56,301
Code that specify peer groups of intermediate care facilities for 56,302
the mentally retarded with more than eight beds, and peer groups 56,303
of intermediate care facilities for the mentally retarded with 56,304
eight or fewer beds, based on findings of significant per diem 56,305
indirect care cost differences due to geography and facility 56,306
bed-size. The rules also may specify peer groups based on 56,307
findings of significant per diem indirect care cost differences 56,308
due to other factors, including case-mix. 56,309
Sec. 5111.25. (A) The department of human JOB AND FAMILY 56,318
services shall pay each eligible nursing facility a per resident 56,319
per day rate for its reasonable capital costs established 56,320
prospectively each fiscal year for each facility. Except as 56,321
otherwise provided in sections 5111.20 to 5111.32 of the Revised 56,322
Code, the rate shall be based on the facility's capital costs for 56,323
the calendar year preceding the fiscal year in which the rate
will be paid. The rate shall equal the sum of divisions (A)(1) 56,324
to (3) of this section: 56,325
(1) The lesser of the following: 56,327
(a) Eighty-eight and sixty-five one-hundredths per cent of 56,329
the facility's desk-reviewed, actual, allowable, per diem cost of 56,330
ownership and eighty-five per cent of the facility's actual, 56,331
allowable, per diem cost of nonextensive renovation determined 56,332
under division (F) of this section; 56,333
1238
(b) Eighty-eight and sixty-five one-hundredths per cent of 56,335
the following limitation: 56,336
(i) For the fiscal year beginning July 1, 1993, sixteen 56,338
dollars per resident day; 56,339
(ii) For the fiscal year beginning July 1, 1994, sixteen 56,341
dollars per resident day, adjusted to reflect the rate of 56,342
inflation for the twelve-month period beginning July 1, 1992, and 56,343
ending June 30, 1993, using the consumer price index for shelter 56,344
costs for all urban consumers for the north central region, 56,345
published by the United States bureau of labor statistics; 56,346
(iii) For subsequent fiscal years, the limitation in 56,348
effect during the previous fiscal year, adjusted to reflect the 56,349
rate of inflation for the twelve-month period beginning on the 56,350
first day of July for the calendar year preceding the calendar 56,351
year that precedes the fiscal year and ending on the following 56,352
thirtieth day of June, using the consumer price index for shelter 56,353
costs for all urban consumers for the north central region, 56,354
published by the United States bureau of labor statistics. 56,355
(2) Any efficiency incentive determined under division (D) 56,357
of this section; 56,358
(3) Any amounts for return on equity determined under 56,360
division (H) of this section. 56,361
Buildings shall be depreciated using the straight line 56,363
method over forty years or over a different period approved by 56,364
the department. Components and equipment shall be depreciated 56,365
using the straight-line method over a period designated in rules 56,366
adopted by the department DIRECTOR OF JOB AND FAMILY SERVICES in 56,367
accordance with Chapter 119. of the Revised Code, consistent with 56,369
the guidelines of the American hospital association, or over a 56,370
different period approved by the department. Any rules adopted 56,371
under this division that specify useful lives of buildings, 56,372
components, or equipment apply only to assets acquired on or 56,373
after July 1, 1993. Depreciation for costs paid or reimbursed by 56,374
any government agency shall not be included in cost of ownership 56,375
1239
or renovation unless that part of the payment under sections 56,376
5111.20 to 5111.32 of the Revised Code is used to reimburse the 56,377
government agency.
(B) The capital cost basis of nursing facility assets 56,379
shall be determined in the following manner: 56,380
(1) For purposes of calculating the rate to be paid for 56,382
the fiscal year beginning July 1, 1993, for facilities with dates 56,384
of licensure on or before June 30, 1993, the capital cost basis 56,385
shall be equal to the following: 56,386
(a) For facilities that have not had a change of ownership 56,388
during the period beginning January 1, 1993, and ending June 30, 56,389
1993, the desk-reviewed, actual, allowable capital cost basis 56,390
that is listed on the facility's cost report for the cost 56,391
reporting period ending December 31, 1992, plus the actual, 56,392
allowable capital cost basis of any assets constructed or 56,393
acquired after December 31, 1992, but before July 1, 1993, if the 56,394
aggregate capital costs of those assets would increase the 56,395
facility's rate for capital costs by twenty or more cents per 56,396
resident per day. 56,397
(b) For facilities that have a date of licensure or had a 56,399
change of ownership during the period beginning January 1, 1993, 56,400
and ending June 30, 1993, the actual, allowable capital cost 56,401
basis of the person or government entity that owns the facility 56,402
on June 30, 1993. 56,403
Capital cost basis shall be calculated as provided in 56,405
division (B)(1) of this section subject to approval by the United 56,406
States health care financing administration of any necessary 56,407
amendment to the state plan for providing medical assistance. 56,408
The department shall include the actual, allowable capital 56,410
cost basis of assets constructed or acquired during the period 56,411
beginning January 1, 1993, and ending June 30, 1993, in the 56,412
calculation for the facility's rate effective July 1, 1993, if 56,413
the aggregate capital costs of the assets would increase the 56,414
facility's rate by twenty or more cents per resident per day and 56,415
1240
the facility provides the department with sufficient 56,416
documentation of the costs before June 1, 1993. If the facility 56,417
provides the documentation after that date, the department shall 56,418
adjust the facility's rate to reflect the costs of the assets one 56,419
month after the first day of the month after the department 56,420
receives the documentation. 56,421
(2) Except as provided in division (B)(4) of this section, 56,424
for purposes of calculating the rates to be paid for fiscal years 56,425
beginning after June 30, 1994, for facilities with dates of 56,426
licensure on or before June 30, 1993, the capital cost basis of 56,427
each asset shall be equal to the desk-reviewed, actual, 56,428
allowable, capital cost basis that is listed on the facility's 56,429
cost report for the calendar year preceding the fiscal year 56,430
during which the rate will be paid.
(3) For facilities with dates of licensure after June 30, 56,433
1993, the capital cost basis shall be determined in accordance 56,434
with the principles of the medicare program established under 56,435
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 56,436
U.S.C.A. 301, as amended, except as otherwise provided in 56,437
sections 5111.20 to 5111.32 of the Revised Code. 56,438
(4) Except as provided in division (B)(5) of this section, 56,441
if a provider transfers an interest in a facility to another 56,442
provider after June 30, 1993, there shall be no increase in the 56,443
capital cost basis of the asset if the providers are related 56,444
parties. If the providers are not related parties or if they are 56,445
related parties and division (B)(5) of this section requires the 56,446
adjustment of the capital cost basis under this division, the 56,447
basis of the asset shall be adjusted by the lesser of the 56,448
following:
(a) One-half of the change in construction costs during 56,450
the time that the transferor held the asset, as calculated by the 56,451
department of human JOB AND FAMILY services using the "Dodge 56,452
building cost indexes, northeastern and north central states," 56,453
published by Marshall and Swift; 56,454
1241
(b) One-half of the change in the consumer price index for 56,456
all items for all urban consumers, as published by the United 56,457
States bureau of labor statistics, during the time that the 56,458
transferor held the asset. 56,459
(5) If a provider transfers an interest in a facility to 56,462
another provider who is a related party, the capital cost basis
of the asset shall be adjusted as specified in division (B)(4) of 56,465
this section for a transfer to a provider that is not a related 56,466
party if all of the following conditions are met:
(a) The related party is a relative of owner; 56,469
(b) The provider making the transfer retains no ownership 56,472
interest in the facility;
(c) The United States internal revenue service has issued 56,475
a ruling that the transfer is an arm's length transaction for 56,476
purposes of federal income taxation;
(d) Except in the case of hardship caused by a 56,479
catastrophic event, as determined by the department, or in the 56,480
case of a provider making the transfer who is at least sixty-five
years of age, not less than twenty years have elapsed since, for 56,482
the same facility, the capital cost basis was adjusted most 56,483
recently under division (B)(5) of this section or actual, 56,485
allowable cost of ownership was determined most recently under
division (C)(9) of this section. 56,487
(C) As used in this division, "lease expense" means lease 56,489
payments in the case of an operating lease and depreciation 56,490
expense and interest expense in the case of a capital lease. As 56,491
used in this division, "new lease" means a lease, to a different 56,492
lessee, of a nursing facility that previously was operated under 56,493
a lease. 56,494
(1) Subject to the limitation specified in division (A)(1) 56,496
of this section, for a lease of a facility that was effective on 56,497
May 27, 1992, the entire lease expense is an actual, allowable 56,498
cost of ownership during the term of the existing lease. The 56,499
entire lease expense also is an actual, allowable cost of 56,500
1242
ownership if a lease in existence on May 27, 1992, is renewed 56,501
under either of the following circumstances: 56,502
(a) The renewal is pursuant to a renewal option that was 56,504
in existence on May 27, 1992; 56,505
(b) The renewal is for the same lease payment amount and 56,507
between the same parties as the lease in existence on May 27, 56,508
1992. 56,509
(2) Subject to the limitation specified in division (A)(1) 56,511
of this section, for a lease of a facility that was in existence 56,512
but not operated under a lease on May 27, 1992, actual, allowable 56,513
cost of ownership shall include the lesser of the annual lease 56,514
expense or the annual depreciation expense and imputed interest 56,515
expense that would be calculated at the inception of the lease 56,516
using the lessor's entire historical capital asset cost basis, 56,517
adjusted by the lesser of the following amounts: 56,518
(a) One-half of the change in construction costs during 56,520
the time the lessor held each asset until the beginning of the 56,521
lease, as calculated by the department using the "Dodge building 56,522
cost indexes, northeastern and north central states," published 56,523
by Marshall and Swift; 56,524
(b) One-half of the change in the consumer price index for 56,526
all items for all urban consumers, as published by the United 56,527
States bureau of labor statistics, during the time the lessor 56,528
held each asset until the beginning of the lease. 56,529
(3) Subject to the limitation specified in division (A)(1) 56,531
of this section, for a lease of a facility with a date of 56,532
licensure on or after May 27, 1992, that is initially operated 56,533
under a lease, actual, allowable cost of ownership shall include 56,534
the annual lease expense if there was a substantial commitment of 56,535
money for construction of the facility after December 22, 1992, 56,536
and before July 1, 1993. If there was not a substantial 56,537
commitment of money after December 22, 1992, and before July 1, 56,538
1993, actual, allowable cost of ownership shall include the 56,539
lesser of the annual lease expense or the sum of the following: 56,540
1243
(a) The annual depreciation expense that would be 56,542
calculated at the inception of the lease using the lessor's 56,543
entire historical capital asset cost basis; 56,544
(b) The greater of the lessor's actual annual amortization 56,546
of financing costs and interest expense at the inception of the 56,547
lease or the imputed interest expense calculated at the inception 56,548
of the lease using seventy per cent of the lessor's historical 56,549
capital asset cost basis. 56,550
(4) Subject to the limitation specified in division (A)(1) 56,552
of this section, for a lease of a facility with a date of 56,553
licensure on or after May 27, 1992, that was not initially 56,554
operated under a lease and has been in existence for ten years, 56,555
actual, allowable cost of ownership shall include the lesser of 56,556
the annual lease expense or the annual depreciation expense and 56,557
imputed interest expense that would be calculated at the 56,558
inception of the lease using the entire historical capital asset 56,559
cost basis of the lessor, adjusted by the lesser of the 56,560
following: 56,561
(a) One-half of the change in construction costs during 56,563
the time the lessor held each asset until the beginning of the 56,564
lease, as calculated by the department using the "Dodge building 56,565
cost indexes, northeastern and north central states," published 56,566
by Marshall and Swift; 56,567
(b) One-half of the change in the consumer price index for 56,569
all items for all urban consumers, as published by the United 56,570
States bureau of labor statistics, during the time the lessor 56,571
held each asset until the beginning of the lease. 56,572
(5) Subject to the limitation specified in division (A)(1) 56,574
of this section, for a new lease of a facility that was operated 56,575
under a lease on May 27, 1992, actual, allowable cost of 56,576
ownership shall include the lesser of the annual new lease 56,577
expense or the annual old lease payment. If the old lease was in 56,578
effect for ten years or longer, the old lease payment from the 56,579
beginning of the old lease shall be adjusted by the lesser of the 56,580
1244
following: 56,581
(a) One-half of the change in construction costs from the 56,583
beginning of the old lease to the beginning of the new lease, as 56,584
calculated by the department using the "Dodge building cost 56,585
indexes, northeastern and north central states," published by 56,586
Marshall and Swift; 56,587
(b) One-half of the change in the consumer price index for 56,589
all items for all urban consumers, as published by the United 56,590
States bureau of labor statistics, from the beginning of the old 56,591
lease to the beginning of the new lease. 56,592
(6) Subject to the limitation specified in division (A)(1) 56,594
of this section, for a new lease of a facility that was not in 56,595
existence or that was in existence but not operated under a lease 56,596
on May 27, 1992, actual, allowable cost of ownership shall 56,597
include the lesser of annual new lease expense or the annual 56,598
amount calculated for the old lease under division (C)(2), (3), 56,599
(4), or (6) of this section, as applicable. If the old lease was 56,600
in effect for ten years or longer, the lessor's historical 56,601
capital asset cost basis shall be adjusted by the lesser of the 56,602
following for purposes of calculating the annual amount under 56,603
division (C)(2), (3), (4), or (6) of this section: 56,604
(a) One-half of the change in construction costs from the 56,606
beginning of the old lease to the beginning of the new lease, as 56,607
calculated by the department using the "Dodge building cost 56,608
indexes, northeastern and north central states," published by 56,609
Marshall and Swift; 56,610
(b) One-half of the change in the consumer price index for 56,612
all items for all urban consumers, as published by the United 56,613
States bureau of labor statistics, from the beginning of the old 56,614
lease to the beginning of the new lease. 56,615
In the case of a lease under division (C)(3) of this 56,617
section of a facility for which a substantial commitment of money 56,618
was made after December 22, 1992, and before July 1, 1993, the 56,619
old lease payment shall be adjusted for the purpose of 56,620
1245
determining the annual amount. 56,621
(7) For any revision of a lease described in division 56,623
(C)(1), (2), (3), (4), (5), or (6) of this section, or for any 56,624
subsequent lease of a facility operated under such a lease, other 56,625
than execution of a new lease, the portion of actual, allowable 56,626
cost of ownership attributable to the lease shall be the same as 56,627
before the revision or subsequent lease. 56,628
(8) Except as provided in division (C)(9) of this section, 56,631
if a provider leases an interest in a facility to another 56,632
provider who is a related party, the related party's actual, 56,634
allowable cost of ownership shall include the lesser of the 56,635
annual lease expense or the reasonable cost to the lessor. 56,636
(9) If a provider leases an interest in a facility to 56,638
another provider who is a related party, regardless of the date 56,640
of the lease, the related party's actual, allowable cost of 56,641
ownership shall include the annual lease expense, subject to the 56,642
limitations specified in divisions (C)(1) to (7) of this section, 56,643
if all of the following conditions are met: 56,644
(a) The related party is a relative of owner; 56,646
(b) If the lessor retains an ownership interest, it is in 56,649
only the real property and any improvements on the real property; 56,650
(c) The United States internal revenue service has issued 56,653
a ruling that the lease is an arm's length transaction for 56,654
purposes of federal income taxation;
(d) Except in the case of hardship caused by a 56,657
catastrophic event, as determined by the department, or in the 56,658
case of a lessor who is at least sixty-five years of age, not
less than twenty years have elapsed since, for the same facility, 56,660
the capital cost basis was adjusted most recently under division 56,661
(B)(5) of this section or actual, allowable cost of ownership was 56,663
determined most recently under division (C)(9) of this section. 56,665
(10) This division does not apply to leases of specific 56,667
items of equipment. 56,668
(D)(1) Subject to division (D)(2) of this section, the 56,670
1246
department shall pay each nursing facility an efficiency 56,671
incentive that is equal to fifty per cent of the difference 56,672
between the following:
(a) Eighty-eight and sixty-five one-hundredths per cent of 56,674
the facility's desk-reviewed, actual, allowable, per diem cost of 56,675
ownership;
(b) The applicable amount specified in division (E) of 56,677
this section. 56,678
(2) The efficiency incentive paid to a nursing facility 56,681
shall not exceed the greater of the following:
(a) The efficiency incentive the facility was paid during 56,684
the fiscal year ending June 30, 1994;
(b) Three dollars per resident per day, adjusted annually 56,687
for rates paid beginning July 1, 1994, for the inflation rate for 56,688
the twelve-month period beginning on the first day of July of the 56,689
calendar year preceding the calendar year that precedes the 56,690
fiscal year for which the efficiency incentive is determined and 56,691
ending on the thirtieth day of the following June, using the 56,692
consumer price index for shelter costs for all urban consumers 56,693
for the north central region, as published by the United States 56,694
bureau of labor statistics. 56,695
(3) For purposes of calculating the efficiency incentive, 56,698
depreciation for costs that are paid or reimbursed by any 56,699
government agency shall be considered as costs of ownership, and 56,700
renovation costs that are paid under division (F) of this section 56,701
shall not be considered costs of ownership. 56,702
(E) The following amounts shall be used to calculate 56,704
efficiency incentives for nursing facilities under this section: 56,705
(1) For facilities with dates of licensure prior to 56,707
January 1, 1958, four dollars and twenty-four cents per patient 56,708
day; 56,709
(2) For facilities with dates of licensure after December 56,711
31, 1957, but prior to January 1, 1968: 56,712
(a) Five dollars and twenty-four cents per patient day if 56,714
1247
the cost of construction was three thousand five hundred dollars 56,715
or more per bed; 56,716
(b) Four dollars and twenty-four cents per patient day if 56,718
the cost of construction was less than three thousand five 56,719
hundred dollars per bed. 56,720
(3) For facilities with dates of licensure after December 56,722
31, 1967, but prior to January 1, 1976: 56,723
(a) Six dollars and twenty-four cents per patient day if 56,725
the cost of construction was five thousand one hundred fifty 56,726
dollars or more per bed; 56,727
(b) Five dollars and twenty-four cents per patient day if 56,729
the cost of construction was less than five thousand one hundred 56,730
fifty dollars per bed, but exceeded three thousand five hundred 56,731
dollars per bed; 56,732
(c) Four dollars and twenty-four cents per patient day if 56,734
the cost of construction was three thousand five hundred dollars 56,735
or less per bed. 56,736
(4) For facilities with dates of licensure after December 56,738
31, 1975, but prior to January 1, 1979: 56,739
(a) Seven dollars and twenty-four cents per patient day if 56,741
the cost of construction was six thousand eight hundred dollars 56,742
or more per bed; 56,743
(b) Six dollars and twenty-four cents per patient day if 56,745
the cost of construction was less than six thousand eight hundred 56,746
dollars per bed but exceeded five thousand one hundred fifty 56,747
dollars per bed; 56,748
(c) Five dollars and twenty-four cents per patient day if 56,750
the cost of construction was five thousand one hundred fifty 56,751
dollars or less per bed, but exceeded three thousand five hundred 56,752
dollars per bed; 56,753
(d) Four dollars and twenty-four cents per patient day if 56,755
the cost of construction was three thousand five hundred dollars 56,756
or less per bed. 56,757
(5) For facilities with dates of licensure after December 56,759
1248
31, 1978, but prior to January 1, 1981: 56,760
(a) Seven dollars and seventy-four cents per patient day 56,762
if the cost of construction was seven thousand six hundred 56,763
twenty-five dollars or more per bed; 56,764
(b) Seven dollars and twenty-four cents per patient day if 56,766
the cost of construction was less than seven thousand six hundred 56,767
twenty-five dollars per bed but exceeded six thousand eight 56,768
hundred dollars per bed; 56,769
(c) Six dollars and twenty-four cents per patient day if 56,771
the cost of construction was six thousand eight hundred dollars 56,772
or less per bed but exceeded five thousand one hundred fifty 56,773
dollars per bed; 56,774
(d) Five dollars and twenty-four cents per patient day if 56,776
the cost of construction was five thousand one hundred fifty 56,777
dollars or less but exceeded three thousand five hundred dollars 56,778
per bed; 56,779
(e) Four dollars and twenty-four cents per patient day if 56,781
the cost of construction was three thousand five hundred dollars 56,782
or less per bed. 56,783
(6) For facilities with dates of licensure in 1981 or any 56,785
year thereafter prior to December 22, 1992, the following amount: 56,786
(a) For facilities with construction costs less than seven 56,788
thousand six hundred twenty-five dollars per bed, the applicable 56,789
amounts for the construction costs specified in divisions 56,790
(E)(5)(b) to (e) of this section; 56,791
(b) For facilities with construction costs of seven 56,793
thousand six hundred twenty-five dollars or more per bed, six 56,794
dollars per patient day, provided that for 1981 and annually 56,795
thereafter prior to December 22, 1992, department shall do both 56,796
of the following to the six-dollar amount: 56,797
(i) Adjust the amount for fluctuations in construction 56,799
costs calculated by the department using the "Dodge building cost 56,800
indexes, northeastern and north central states," published by 56,801
Marshall and Swift, using 1980 as the base year; 56,802
1249
(ii) Increase the amount, as adjusted for inflation under 56,804
division (E)(6)(b)(i) of this section, by one dollar and 56,805
seventy-four cents. 56,806
(7) For facilities with dates of licensure on or after 56,808
January 1, 1992, seven dollars and ninety-seven cents, adjusted 56,809
for fluctuations in construction costs between 1991 and 1993 as 56,810
calculated by the department using the "Dodge building cost 56,811
indexes, northeastern and north central states," published by 56,812
Marshall and Swift, and then increased by one dollar and 56,813
seventy-four cents. 56,814
For the fiscal year that begins July 1, 1994, each of the 56,816
amounts listed in divisions (E)(1) to (7) of this section shall 56,817
be increased by twenty-five cents. For the fiscal year that 56,818
begins July 1, 1995, each of those amounts shall be increased by 56,819
an additional twenty-five cents. For subsequent fiscal years, 56,820
each of those amounts, as increased for the prior fiscal year, 56,821
shall be adjusted to reflect the rate of inflation for the 56,822
twelve-month period beginning on the first day of July of the 56,823
calendar year preceding the calendar year that precedes the 56,824
fiscal year and ending on the following thirtieth day of June, 56,825
using the consumer price index for shelter costs for all urban 56,826
consumers for the north central region, as published by the 56,827
United States bureau of labor statistics. 56,828
If the amount established for a nursing facility under this 56,830
division is less than the amount that applied to the facility 56,831
under division (B) of former section 5111.25 of the Revised Code, 56,832
as the former section existed immediately prior to December 22, 56,833
1992, the amount used to calculate the efficiency incentive for 56,834
the facility under division (D)(2) of this section shall be the 56,835
amount that was calculated under division (B) of the former 56,836
section. 56,837
(F) Beginning July 1, 1993, regardless of the facility's 56,839
date of licensure or the date of the nonextensive renovations, 56,840
the rate for the costs of nonextensive renovations for nursing 56,841
1250
facilities shall be eighty-five per cent of the desk-reviewed, 56,842
actual, allowable, per diem, nonextensive renovation costs. This 56,843
division applies to nonextensive renovations regardless of 56,844
whether they are made by an owner or a lessee. If the tenancy of 56,845
a lessee that has made nonextensive renovations ends before the 56,846
depreciation expense for the renovation costs has been fully 56,847
reported, the former lessee shall not report the undepreciated 56,848
balance as an expense. 56,849
(1) For a nonextensive renovation made after July 1, 1993, 56,851
to qualify for payment under this division, both of the following 56,852
conditions must be met: 56,853
(a) At least five years have elapsed since the date of 56,855
licensure of the portion of the facility that is proposed to be 56,856
renovated, except that this condition does not apply if the 56,857
renovation is necessary to meet the requirements of federal, 56,858
state, or local statutes, ordinances, rules, or policies. 56,859
(b) The provider has obtained prior approval from the 56,861
department of human JOB AND FAMILY services, and if required the 56,863
director of health has granted a certificate of need for the
renovation under section 3702.52 of the Revised Code. The 56,864
provider shall submit a plan that describes in detail the changes 56,865
in capital assets to be accomplished by means of the renovation 56,866
and the timetable for completing the project. The time for 56,867
completion of the project shall be no more than eighteen months 56,868
after the renovation begins. The department of human JOB AND 56,869
FAMILY services shall adopt rules in accordance with Chapter 119. 56,871
of the Revised Code that specify criteria and procedures for 56,872
prior approval of renovation projects. No provider shall 56,873
separate a project with the intent to evade the characterization 56,874
of the project as a renovation or as an extensive renovation. No 56,875
provider shall increase the scope of a project after it is 56,876
approved by the department of human JOB AND FAMILY services 56,877
unless the increase in scope is approved by the department. 56,878
(2) The payment provided for in this division is the only 56,880
1251
payment that shall be made for the costs of a nonextensive 56,881
renovation. Nonextensive renovation costs shall not be included 56,882
in costs of ownership, and a nonextensive renovation shall not 56,883
affect the date of licensure for purposes of calculating the 56,884
efficiency incentive under divisions (D) and (E) of this section. 56,885
(G) The owner of a nursing facility operating under a 56,887
provider agreement shall provide written notice to the department 56,888
of human JOB AND FAMILY services at least forty-five days prior 56,889
to entering into any contract of sale for the facility or 56,890
voluntarily terminating participation in the medical assistance 56,891
program. After the date on which a transaction of sale is 56,892
closed, the owner shall refund to the department the amount of 56,893
excess depreciation paid to the facility by the department for 56,894
each year the owner has operated the facility under a provider
agreement and prorated according to the number of medicaid 56,895
patient days for which the facility has received payment. If a 56,896
nursing facility is sold after five or fewer years of operation 56,897
under a provider agreement, the refund to the department shall be 56,899
equal to the excess depreciation paid to the facility. If a 56,900
nursing facility is sold after more than five years but less than
ten years of operation under a provider agreement, the refund to 56,901
the department shall equal the excess depreciation paid to the 56,902
facility multiplied by twenty per cent, multiplied by the 56,903
difference between ten and the number of years that the facility 56,904
was operated under a provider agreement. If a nursing facility 56,905
is sold after ten or more years of operation under a provider 56,906
agreement, the owner shall not refund any excess depreciation to 56,907
the department. The owner of a facility that is sold or that 56,908
voluntarily terminates participation in the medical assistance 56,909
program also shall refund any other amount that the department 56,910
properly finds to be due after the audit conducted under this 56,911
division. For the purposes of this division, "depreciation paid 56,912
to the facility" means the amount paid to the nursing facility 56,913
for cost of ownership pursuant to this section less any amount 56,914
1252
paid for interest costs, amortization of financing costs, and 56,916
lease expenses. For the purposes of this division, "excess 56,917
depreciation" is the nursing facility's depreciated basis, which 56,918
is the owner's cost less accumulated depreciation, subtracted 56,919
from the purchase price net of selling costs but not exceeding 56,920
the amount of depreciation paid to the facility. 56,921
A cost report shall be filed with the department within 56,923
ninety days after the date on which the transaction of sale is 56,924
closed or participation is voluntarily terminated. The report 56,925
shall show the accumulated depreciation, the sales price, and 56,926
other information required by the department. The amount of the 56,927
last two monthly payments to a nursing facility made pursuant to 56,928
division (A)(1) of section 5111.22 of the Revised Code before a 56,929
sale or termination of participation shall be held in escrow by a 56,930
bank, trust company, or savings and loan association, except that 56,931
if the amount the owner will be required to refund under this 56,932
section is likely to be less than the amount of the last two 56,933
monthly payments, the department shall take one of the following 56,934
actions instead of withholding the amount of the last two monthly 56,935
payments: 56,936
(1) In the case of an owner that owns other facilities 56,938
that participate in the medical assistance program, obtain a 56,939
promissory note in an amount sufficient to cover the amount 56,940
likely to be refunded; 56,941
(2) In the case of all other owners, withhold the amount 56,943
of the last monthly payment to the nursing facility. 56,944
The department shall, within ninety days following the 56,946
filing of the cost report, audit the cost report and issue an 56,947
audit report to the owner. The department also may audit any 56,948
other cost report that the facility has filed during the previous 56,949
three years. In the audit report, the department shall state its 56,950
findings and the amount of any money owed to the department by 56,951
the nursing facility. The findings shall be subject to 56,952
adjudication conducted in accordance with Chapter 119. of the 56,953
1253
Revised Code. No later than fifteen days after the owner agrees 56,954
to a settlement, any funds held in escrow less any amounts due to 56,955
the department shall be released to the owner and amounts due to 56,956
the department shall be paid to the department. If the amounts 56,957
in escrow are less than the amounts due to the department, the 56,958
balance shall be paid to the department within fifteen days after 56,959
the owner agrees to a settlement. If the department does not 56,960
issue its audit report within the ninety-day period, the 56,961
department shall release any money held in escrow to the owner. 56,962
For the purposes of this section, a transfer of corporate stock, 56,963
the merger of one corporation into another, or a consolidation 56,964
does not constitute a sale. 56,965
If a nursing facility is not sold or its participation is 56,967
not terminated after notice is provided to the department under 56,968
this division, the department shall order any payments held in 56,969
escrow released to the facility upon receiving written notice 56,970
from the owner that there will be no sale or termination. After 56,971
written notice is received from a nursing facility that a sale or 56,972
termination will not take place, the facility shall provide 56,973
notice to the department at least forty-five days prior to 56,974
entering into any contract of sale or terminating participation 56,975
at any future time. 56,976
(H) The department shall pay each eligible proprietary 56,978
nursing facility a return on the facility's net equity computed 56,979
at the rate of one and one-half times the average interest rate 56,980
on special issues of public debt obligations issued to the 56,981
federal hospital insurance trust fund for the cost reporting 56,982
period, except that no facility's return on net equity shall 56,983
exceed one dollar per patient day. 56,984
When calculating the rate for return on net equity, the 56,986
department shall use the greater of the facility's inpatient days 56,987
during the applicable cost reporting period or the number of 56,988
inpatient days the facility would have had during that period if 56,989
its occupancy rate had been ninety-five per cent. 56,990
1254
(I) If a nursing facility would receive a lower rate for 56,992
capital costs for assets in the facility's possession on July 1, 56,993
1993, under this section than it would receive under former 56,994
section 5111.25 of the Revised Code, as the former section 56,995
existed immediately prior to December 22, 1992, the facility 56,996
shall receive for those assets the rate it would have received 56,997
under the former section for each fiscal year beginning on or 56,998
after July 1, 1993, until the rate it would receive under this 56,999
section exceeds the rate it would have received under the former 57,000
section. Any facility that receives a rate calculated under the 57,001
former section 5111.25 of the Revised Code for assets in the 57,002
facility's possession on July 1, 1993, also shall receive a rate 57,003
calculated under this section for costs of any assets it 57,004
constructs or acquires after July 1, 1993. 57,005
Sec. 5111.251. (A) The department of human JOB AND FAMILY 57,014
services shall pay each eligible intermediate care facility for 57,015
the mentally retarded for its reasonable capital costs, a per 57,016
resident per day rate established prospectively each fiscal year 57,017
for each intermediate care facility for the mentally retarded. 57,018
Except as otherwise provided in sections 5111.20 to 5111.32 of 57,019
the Revised Code, the rate shall be based on the facility's 57,020
capital costs for the calendar year preceding the fiscal year in 57,021
which the rate will be paid. The rate shall equal the sum of the 57,022
following:
(1) The facility's desk-reviewed, actual, allowable, per 57,024
diem cost of ownership for the preceding cost reporting period, 57,025
limited as provided in divisions (C) and (F) of this section; 57,026
(2) Any efficiency incentive determined under division (B) 57,028
of this section; 57,029
(3) Any amounts for renovations determined under division 57,031
(D) of this section; 57,032
(4) Any amounts for return on equity determined under 57,034
division (I) of this section. 57,035
Buildings shall be depreciated using the straight line 57,037
1255
method over forty years or over a different period approved by 57,038
the department. Components and equipment shall be depreciated 57,039
using the straight line method over a period designated by the 57,040
department DIRECTOR OF JOB AND FAMILY SERVICES in rules adopted 57,041
in accordance with Chapter 119. of the Revised Code, consistent 57,043
with the guidelines of the American hospital association, or over 57,044
a different period approved by the department of human JOB AND 57,045
FAMILY services. Any rules adopted under this division that 57,046
specify useful lives of buildings, components, or equipment apply 57,047
only to assets acquired on or after July 1, 1993. Depreciation 57,048
for costs paid or reimbursed by any government agency shall not 57,049
be included in costs of ownership or renovation unless that part 57,050
of the payment under sections 5111.20 to 5111.32 of the Revised 57,051
Code is used to reimburse the government agency. 57,052
(B) The department of human JOB AND FAMILY services shall 57,054
pay to each intermediate care facility for the mentally retarded 57,055
an efficiency incentive equal to fifty per cent of the difference 57,057
between any desk-reviewed, actual, allowable cost of ownership 57,058
and the applicable limit on cost of ownership payments under 57,059
division (C) of this section. For purposes of computing the 57,060
efficiency incentive, depreciation for costs paid or reimbursed 57,061
by any government agency shall be considered as a cost of
ownership, and the applicable limit under division (C) of this 57,062
section shall apply both to facilities with more than eight beds 57,063
and facilities with eight or fewer beds. The efficiency 57,064
incentive paid to a facility with eight or fewer beds shall not 57,065
exceed three dollars per patient day, adjusted annually for the 57,066
inflation rate for the twelve-month period beginning on the first 57,067
day of July of the calendar year preceding the calendar year that 57,068
precedes the fiscal year for which the efficiency incentive is 57,069
determined and ending on the thirtieth day of the following June, 57,070
using the consumer price index for shelter costs for all urban 57,071
consumers for the north central region, as published by the 57,072
United States bureau of labor statistics. 57,073
1256
(C) Cost of ownership payments to intermediate care 57,075
facilities for the mentally retarded with more than eight beds 57,076
shall not exceed the following limits: 57,077
(1) For facilities with dates of licensure prior to 57,079
January 1, l958, not exceeding two dollars and fifty cents per 57,080
patient day; 57,081
(2) For facilities with dates of licensure after December 57,083
31, l957, but prior to January 1, l968, not exceeding: 57,084
(a) Three dollars and fifty cents per patient day if the 57,086
cost of construction was three thousand five hundred dollars or 57,087
more per bed; 57,088
(b) Two dollars and fifty cents per patient day if the 57,090
cost of construction was less than three thousand five hundred 57,091
dollars per bed. 57,092
(3) For facilities with dates of licensure after December 57,094
31, l967, but prior to January 1, l976, not exceeding: 57,095
(a) Four dollars and fifty cents per patient day if the 57,097
cost of construction was five thousand one hundred fifty dollars 57,098
or more per bed; 57,099
(b) Three dollars and fifty cents per patient day if the 57,101
cost of construction was less than five thousand one hundred 57,102
fifty dollars per bed, but exceeds three thousand five hundred 57,103
dollars per bed; 57,104
(c) Two dollars and fifty cents per patient day if the 57,106
cost of construction was three thousand five hundred dollars or 57,107
less per bed. 57,108
(4) For facilities with dates of licensure after December 57,110
31, l975, but prior to January 1, l979, not exceeding: 57,111
(a) Five dollars and fifty cents per patient day if the 57,113
cost of construction was six thousand eight hundred dollars or 57,114
more per bed; 57,115
(b) Four dollars and fifty cents per patient day if the 57,117
cost of construction was less than six thousand eight hundred 57,118
dollars per bed but exceeds five thousand one hundred fifty 57,119
1257
dollars per bed; 57,120
(c) Three dollars and fifty cents per patient day if the 57,122
cost of construction was five thousand one hundred fifty dollars 57,123
or less per bed, but exceeds three thousand five hundred dollars 57,124
per bed; 57,125
(d) Two dollars and fifty cents per patient day if the 57,127
cost of construction was three thousand five hundred dollars or 57,128
less per bed. 57,129
(5) For facilities with dates of licensure after December 57,131
31, l978, but prior to January 1, l980, not exceeding: 57,132
(a) Six dollars per patient day if the cost of 57,134
construction was seven thousand six hundred twenty-five dollars 57,135
or more per bed; 57,136
(b) Five dollars and fifty cents per patient day if the 57,138
cost of construction was less than seven thousand six hundred 57,139
twenty-five dollars per bed but exceeds six thousand eight 57,140
hundred dollars per bed; 57,141
(c) Four dollars and fifty cents per patient day if the 57,143
cost of construction was six thousand eight hundred dollars or 57,144
less per bed but exceeds five thousand one hundred fifty dollars 57,145
per bed; 57,146
(d) Three dollars and fifty cents per patient day if the 57,148
cost of construction was five thousand one hundred fifty dollars 57,149
or less but exceeds three thousand five hundred dollars per bed; 57,150
(e) Two dollars and fifty cents per patient day if the 57,152
cost of construction was three thousand five hundred dollars or 57,153
less per bed. 57,154
(6) For facilities with dates of licensure after December 57,157
31, 1979, but prior to January 1, 1981, not exceeding: 57,158
(a) Twelve dollars per patient day if the beds were 57,160
originally licensed as residential facility beds by the 57,161
department of mental retardation and developmental disabilities; 57,162
(b) Six dollars per patient day if the beds were 57,164
originally licensed as nursing home beds by the department of 57,165
1258
health.
(7) For facilities with dates of licensure after December 57,167
31, 1980, but prior to January 1, 1982, not exceeding: 57,168
(a) Twelve dollars per patient day if the beds were 57,170
originally licensed as residential facility beds by the 57,171
department of mental retardation and developmental disabilities; 57,172
(b) Six dollars and forty-five cents per patient day if 57,174
the beds were originally licensed as nursing home beds by the 57,175
department of health.
(8) For facilities with dates of licensure after December 57,177
31, 1981, but prior to January 1, 1983, not exceeding: 57,178
(a) Twelve dollars per patient day if the beds were 57,180
originally licensed as residential facility beds by the 57,181
department of mental retardation and developmental disabilities; 57,182
(b) Six dollars and seventy-nine cents per patient day if 57,184
the beds were originally licensed as nursing home beds by the 57,185
department of health.
(9) For facilities with dates of licensure after December 57,187
31, 1982, but prior to January 1, 1984, not exceeding: 57,188
(a) Twelve dollars per patient day if the beds were 57,190
originally licensed as residential facility beds by the 57,191
department of mental retardation and developmental disabilities; 57,192
(b) Seven dollars and nine cents per patient day if the 57,194
beds were originally licensed as nursing home beds by the 57,195
department of health.
(10) For facilities with dates of licensure after December 57,197
31, 1983, but prior to January 1, 1985, not exceeding: 57,198
(a) Twelve dollars and twenty-four cents per patient day 57,200
if the beds were originally licensed as residential facility beds 57,202
by the department of mental retardation and developmental 57,203
disabilities;
(b) Seven dollars and twenty-three cents per patient day 57,205
if the beds were originally licensed as nursing home beds by the 57,207
department of health.
1259
(11) For facilities with dates of licensure after December 57,209
31, 1984, but prior to January 1, 1986, not exceeding: 57,210
(a) Twelve dollars and fifty-three cents per patient day 57,212
if the beds were originally licensed as residential facility beds 57,214
by the department of mental retardation and developmental 57,215
disabilities;
(b) Seven dollars and forty cents per patient day if the 57,217
beds were originally licensed as nursing home beds by the 57,219
department of health.
(12) For facilities with dates of licensure after December 57,221
31, 1985, but prior to January 1, 1987, not exceeding: 57,222
(a) Twelve dollars and seventy cents per patient day if 57,224
the beds were originally licensed as residential facility beds by 57,226
the department of mental retardation and developmental 57,227
disabilities;
(b) Seven dollars and fifty cents per patient day if the 57,229
beds were originally licensed as nursing home beds by the 57,231
department of health.
(13) For facilities with dates of licensure after December 57,233
31, 1986, but prior to January 1, 1988, not exceeding: 57,234
(a) Twelve dollars and ninety-nine cents per patient day 57,236
if the beds were originally licensed as residential facility beds 57,238
by the department of mental retardation and developmental 57,239
disabilities;
(b) Seven dollars and sixty-seven cents per patient day if 57,241
the beds were originally licensed as nursing home beds by the 57,243
department of health.
(14) For facilities with dates of licensure after December 57,245
31, 1987, but prior to January 1, 1989, not exceeding thirteen 57,246
dollars and twenty-six cents per patient day; 57,247
(15) For facilities with dates of licensure after December 57,249
31, 1988, but prior to January 1, 1990, not exceeding thirteen 57,250
dollars and forty-six cents per patient day; 57,251
(16) For facilities with dates of licensure after December 57,253
1260
31, 1989, but prior to January 1, 1991, not exceeding thirteen 57,254
dollars and sixty cents per patient day; 57,255
(17) For facilities with dates of licensure after December 57,257
31, 1990, but prior to January 1, 1992, not exceeding thirteen 57,258
dollars and forty-nine cents per patient day; 57,259
(18) For facilities with dates of licensure after December 57,261
31, 1991, but prior to January 1, 1993, not exceeding thirteen 57,262
dollars and sixty-seven cents per patient day; 57,263
(19) For facilities with dates of licensure after December 57,265
31, 1992, not exceeding fourteen dollars and twenty-eight cents 57,266
per patient day.
(D) Beginning January 1, 1981, regardless of the original 57,268
date of licensure, the department of human JOB AND FAMILY 57,269
services shall pay a rate for the per diem capitalized costs of 57,271
renovations to intermediate care facilities for the mentally 57,272
retarded made after January 1, l981, not exceeding six dollars 57,273
per patient day using 1980 as the base year and adjusting the 57,274
amount annually until June 30, 1993, for fluctuations in 57,275
construction costs calculated by the department using the "Dodge 57,276
building cost indexes, northeastern and north central states," 57,277
published by Marshall and Swift. The payment provided for in 57,278
this division is the only payment that shall be made for the 57,279
capitalized costs of a nonextensive renovation of an intermediate 57,280
care facility for the mentally retarded. Nonextensive renovation 57,281
costs shall not be included in cost of ownership, and a 57,282
nonextensive renovation shall not affect the date of licensure 57,283
for purposes of division (C) of this section. This division 57,284
applies to nonextensive renovations regardless of whether they 57,285
are made by an owner or a lessee. If the tenancy of a lessee 57,286
that has made renovations ends before the depreciation expense 57,287
for the renovation costs has been fully reported, the former 57,288
lessee shall not report the undepreciated balance as an expense. 57,289
For a nonextensive renovation to qualify for payment under 57,291
this division, both of the following conditions must be met: 57,292
1261
(1) At least five years have elapsed since the date of 57,294
licensure or date of an extensive renovation of the portion of 57,295
the facility that is proposed to be renovated, except that this 57,296
condition does not apply if the renovation is necessary to meet 57,297
the requirements of federal, state, or local statutes, 57,298
ordinances, rules, or policies. 57,299
(2) The provider has obtained prior approval from the 57,301
department of human JOB AND FAMILY services. The provider shall 57,303
submit a plan that describes in detail the changes in capital 57,304
assets to be accomplished by means of the renovation and the 57,305
timetable for completing the project. The time for completion of 57,306
the project shall be no more than eighteen months after the 57,307
renovation begins. The department DIRECTOR of human JOB AND 57,309
FAMILY services shall adopt rules in accordance with Chapter 119. 57,310
of the Revised Code that specify criteria and procedures for 57,311
prior approval of renovation projects. No provider shall 57,312
separate a project with the intent to evade the characterization 57,313
of the project as a renovation or as an extensive renovation. No 57,314
provider shall increase the scope of a project after it is 57,315
approved by the department of human JOB AND FAMILY services 57,316
unless the increase in scope is approved by the department. 57,317
(E) The amounts specified in divisions (C) and (D) of this 57,319
section shall be adjusted beginning July 1, 1993, for the 57,320
estimated inflation for the twelve-month period beginning on the 57,321
first day of July of the calendar year preceding the calendar 57,322
year that precedes the fiscal year for which rate will be paid 57,323
and ending on the thirtieth day of the following June, using the 57,324
consumer price index for shelter costs for all urban consumers 57,325
for the north central region, as published by the United States 57,326
bureau of labor statistics. 57,327
(F)(1) For facilities of eight or fewer beds that have 57,329
dates of licensure or have been granted project authorization by 57,330
the department of mental retardation and developmental 57,331
disabilities before July 1, 1993, and for facilities of eight or 57,332
1262
fewer beds that have dates of licensure or have been granted 57,333
project authorization after that date if the facilities 57,334
demonstrate that they made substantial commitments of funds on or 57,335
before that date, cost of ownership shall not exceed eighteen 57,336
dollars and thirty cents per resident per day. The 57,337
eighteen-dollar and thirty-cent amount shall be increased by the 57,338
change in the "Dodge building cost indexes, northeastern and 57,339
north central states," published by Marshall and Swift, during 57,340
the period beginning June 30, 1990, and ending July 1, 1993, and 57,341
by the change in the consumer price index for shelter costs for 57,342
all urban consumers for the north central region, as published by 57,343
the United States bureau of labor statistics, annually 57,344
thereafter. 57,345
(2) For facilities with eight or fewer beds that have 57,347
dates of licensure or have been granted project authorization by 57,348
the department of mental retardation and developmental 57,349
disabilities on or after July 1, 1993, for which substantial 57,350
commitments of funds were not made before that date, cost of 57,351
ownership payments shall not exceed the applicable amount 57,352
calculated under division (F)(1) of this section, if the 57,353
department of human JOB AND FAMILY services gives prior approval 57,355
for construction of the facility. If the department does not
give prior approval, cost of ownership payments shall not exceed 57,356
the amount specified in division (C) of this section. 57,357
(3) Notwithstanding divisions (D) and (F)(1) and (2) of 57,359
this section, the total payment for cost of ownership, cost of 57,360
ownership efficiency incentive, and capitalized costs of 57,361
renovations for an intermediate care facility for the mentally 57,362
retarded with eight or fewer beds shall not exceed the sum of the 57,363
limitations specified in divisions (C) and (D) of this section. 57,365
(G) Notwithstanding any provision of this section or 57,367
section 5111.24 of the Revised Code, the department DIRECTOR of 57,368
human JOB AND FAMILY services may adopt rules in accordance with 57,370
Chapter 119. of the Revised Code that provide for a calculation 57,371
1263
of a combined maximum payment limit for indirect care costs and 57,372
cost of ownership for intermediate care facilities for the 57,373
mentally retarded with eight or fewer beds.
(H) After June 30, 1980, the owner of an intermediate care 57,375
facility for the mentally retarded operating under a provider 57,376
agreement shall provide written notice to the department of human 57,377
JOB AND FAMILY services at least forty-five days prior to 57,378
entering into any contract of sale for the facility or 57,380
voluntarily terminating participation in the medical assistance 57,381
program. After the date on which a transaction of sale is 57,382
closed, the owner shall refund to the department the amount of 57,383
excess depreciation paid to the facility by the department for 57,384
each year the owner has operated the facility under a provider 57,385
agreement and prorated according to the number of medicaid 57,386
patient days for which the facility has received payment. If an 57,387
intermediate care facility for the mentally retarded is sold 57,388
after five or fewer years of operation under a provider 57,389
agreement, the refund to the department shall be equal to the 57,390
excess depreciation paid to the facility. If an intermediate 57,391
care facility for the mentally retarded is sold after more than 57,392
five years but less than ten years of operation under a provider 57,393
agreement, the refund to the department shall equal the excess 57,394
depreciation paid to the facility multiplied by twenty per cent, 57,395
multiplied by the number of years less than ten that a facility 57,396
was operated under a provider agreement. If an intermediate care 57,397
facility for the mentally retarded is sold after ten or more 57,398
years of operation under a provider agreement, the owner shall 57,399
not refund any excess depreciation to the department. For the 57,400
purposes of this division, "depreciation paid to the facility" 57,401
means the amount paid to the intermediate care facility for the 57,402
mentally retarded for cost of ownership pursuant to this section 57,403
less any amount paid for interest costs. For the purposes of this 57,404
division, "excess depreciation" is the intermediate care facility 57,405
for the mentally retarded's depreciated basis, which is the 57,406
1264
owner's cost less accumulated depreciation, subtracted from the 57,407
purchase price but not exceeding the amount of depreciation paid 57,408
to the facility.
A cost report shall be filed with the department within 57,410
ninety days after the date on which the transaction of sale is 57,411
closed or participation is voluntarily terminated for an 57,412
intermediate care facility for the mentally retarded subject to 57,413
this division. The report shall show the accumulated 57,414
depreciation, the sales price, and other information required by 57,415
the department. The amount of the last two monthly payments to 57,416
an intermediate care facility for the mentally retarded made 57,417
pursuant to division (A)(1) of section 5111.22 of the Revised 57,418
Code before a sale or voluntary termination of participation 57,419
shall be held in escrow by a bank, trust company, or savings and 57,420
loan association, except that if the amount the owner will be 57,421
required to refund under this section is likely to be less than 57,422
the amount of the last two monthly payments, the department shall 57,423
take one of the following actions instead of withholding the 57,424
amount of the last two monthly payments: 57,425
(1) In the case of an owner that owns other facilities 57,427
that participate in the medical assistance program, obtain a 57,428
promissory note in an amount sufficient to cover the amount 57,429
likely to be refunded; 57,430
(2) In the case of all other owners, withhold the amount 57,432
of the last monthly payment to the intermediate care facility for 57,433
the mentally retarded. 57,434
The department shall, within ninety days following the 57,436
filing of the cost report, audit the report and issue an audit 57,437
report to the owner. The department also may audit any other 57,438
cost reports for the facility that have been filed during the 57,439
previous three years. In the audit report, the department shall 57,440
state its findings and the amount of any money owed to the 57,441
department by the intermediate care facility for the mentally 57,442
retarded. The findings shall be subject to an adjudication 57,443
1265
conducted in accordance with Chapter 119. of the Revised Code. 57,444
No later than fifteen days after the owner agrees to a 57,445
settlement, any funds held in escrow less any amounts due to the 57,446
department shall be released to the owner and amounts due to the 57,447
department shall be paid to the department. If the amounts in 57,448
escrow are less than the amounts due to the department, the 57,449
balance shall be paid to the department within fifteen days after 57,450
the owner agrees to a settlement. If the department does not 57,451
issue its audit report within the ninety-day period, the 57,452
department shall release any money held in escrow to the owner. 57,453
For the purposes of this section, a transfer of corporate stock, 57,454
the merger of one corporation into another, or a consolidation 57,455
does not constitute a sale. 57,456
If an intermediate care facility for the mentally retarded 57,458
is not sold or its participation is not terminated after notice 57,459
is provided to the department under this division, the department 57,460
shall order any payments held in escrow released to the facility 57,461
upon receiving written notice from the owner that there will be 57,462
no sale or termination of participation. After written notice is 57,463
received from an intermediate care facility for the mentally 57,464
retarded that a sale or termination of participation will not 57,465
take place, the facility shall provide notice to the department 57,466
at least forty-five days prior to entering into any contract of 57,467
sale or terminating participation at any future time. 57,468
(I) The department of human JOB AND FAMILY services shall 57,470
pay each eligible proprietary intermediate care facility for the 57,471
mentally retarded a return on the facility's net equity computed 57,472
at the rate of one and one-half times the average of interest 57,473
rates on special issues of public debt obligations issued to the 57,474
federal hospital insurance trust fund for the cost reporting 57,475
period. No facility's return on net equity paid under this 57,476
division shall exceed one dollar per patient day. 57,477
In calculating the rate for return on net equity, the 57,479
department shall use the greater of the facility's inpatient days 57,480
1266
during the applicable cost reporting period or the number of 57,481
inpatient days the facility would have had during that period if 57,482
its occupancy rate had been ninety-five per cent. 57,483
(J)(1) Except as provided in division (J)(2) of this 57,486
section, if a provider leases or transfers an interest in a 57,487
facility to another provider who is a related party, the related 57,489
party's allowable cost of ownership shall include the lesser of 57,490
the following:
(a) The annual lease expense or actual cost of ownership, 57,493
whichever is applicable;
(b) The reasonable cost to the lessor or provider making 57,496
the transfer.
(2) If a provider leases or transfers an interest in a 57,498
facility to another provider who is a related party, regardless 57,499
of the date of the lease or transfer, the related party's 57,501
allowable cost of ownership shall include the annual lease 57,502
expense or actual cost of ownership, whichever is applicable, 57,503
subject to the limitations specified in divisions (B) to (I) of 57,505
this section, if all of the following conditions are met: 57,506
(a) The related party is a relative of owner; 57,509
(b) In the case of a lease, if the lessor retains any 57,511
ownership interest, it is in only the real property and any 57,512
improvements on the real property; 57,513
(c) In the case of a transfer, the provider making the 57,516
transfer retains no ownership interest in the facility; 57,517
(d) The United States internal revenue service has issued 57,520
a ruling that the lease or transfer is an arm's length
transaction for purposes of federal income taxation; 57,521
(e) Except in the case of hardship caused by a 57,524
catastrophic event, as determined by the department, or in the 57,525
case of a lessor or provider making the transfer who is at least
sixty-five years of age, not less than twenty years have elapsed 57,526
since, for the same facility, allowable cost of ownership was 57,527
determined most recently under this division. 57,528
1267
Sec. 5111.252. (A) As used in this section: 57,537
(1) "Contractor" means a person or government agency that 57,539
has entered into a contract with the department of mental 57,540
retardation and developmental disabilities under this section. 57,541
(2) "Government agency" and "residential services" have 57,543
the same meanings as in section 5123.18 of the Revised Code. 57,544
(3) "Respite care services" has the same meaning as in 57,546
section 5123.171 of the Revised Code. 57,547
(B) The department of mental retardation and developmental 57,549
disabilities may enter into a contract with a person or 57,550
government agency to do any of the following: 57,551
(1) Provide residential services in an intermediate care 57,553
facility for the mentally retarded to an individual who meets the 57,554
criteria for admission to such a facility but is not eligible for 57,555
assistance under this chapter due to unliquidated assets subject 57,556
to final probate action; 57,557
(2) Provide respite care services in an intermediate care 57,559
facility for the mentally retarded; 57,560
(3) Provide residential services in a facility for which 57,562
the person or government agency has applied for, but has not 57,563
received, certification and payment as an intermediate care 57,564
facility for the mentally retarded if the person or government 57,565
agency is making a good faith effort to bring the facility into 57,566
compliance with requirements for certification and payment as an 57,567
intermediate care facility for the mentally retarded. In 57,568
assigning payment amounts to such contracts, the department shall 57,569
take into account costs incurred in attempting to meet 57,570
certification requirements. 57,571
(4) Reimburse an intermediate care facility for the 57,573
mentally retarded for costs not otherwise reimbursed under this 57,574
chapter for clothing for individuals who are mentally retarded or 57,575
developmentally disabled. Reimbursement under such contracts 57,576
shall not exceed a maximum amount per individual per year 57,577
specified in rules that the department shall adopt in accordance 57,578
1268
with Chapter 119. of the Revised Code. 57,579
(C) The amount paid to a contractor under divisions (B)(1) 57,581
to (3) of this section shall not exceed the reimbursement that 57,582
would be made under this chapter by the department of human JOB 57,583
AND FAMILY services for the same goods and services.
(D) The department of mental retardation and developmental 57,585
disabilities shall adopt rules as necessary to implement this 57,586
section, including rules establishing standards and procedures 57,587
for the submission of cost reports by contractors and the 57,588
department's conduct of audits and reconciliations regarding the 57,589
contracts. The rules shall be adopted in accordance with Chapter 57,590
119. of the Revised Code. 57,591
Sec. 5111.255. (A) The department of human JOB AND FAMILY 57,600
services shall establish initial rates for a nursing facility or 57,601
intermediate care facility for the mentally retarded with a first 57,602
date of licensure that is on or after January 1, 1993, including 57,603
a facility that replaces one or more existing facilities, or for 57,604
a nursing facility or intermediate care facility for the mentally 57,605
retarded with a first date of licensure before that date that was 57,606
initially certified for the medical assistance program on or 57,607
after that date, in the following manner: 57,608
(1) The rate for direct care costs shall be determined as 57,610
follows: 57,611
(a) If there are no cost or resident assessment data as 57,613
necessary to calculate a rate under section 5111.23 of the 57,614
Revised Code, the rate shall be the median cost per case-mix unit 57,615
calculated under division (B)(1) of that section for the relevant 57,616
peer group for the calendar year preceding the fiscal year in 57,617
which the rate will be paid, multiplied by the median annual 57,618
average case-mix score for the peer group for that period and by 57,619
the rate of inflation estimated under division (B)(5) of that 57,620
section. This rate shall be recalculated to reflect the 57,621
facility's actual quarterly average case-mix score, in accordance 57,622
with that section, after it submits its first quarterly 57,624
1269
assessment information that qualifies for use in calculating a 57,625
case-mix score in accordance with rules adopted under division 57,626
(D) of section 5111.231 of the Revised Code. If the facility's 57,627
first two quarterly submissions do not contain assessment 57,628
information that qualifies for use in calculating a case-mix 57,629
score, the department shall continue to calculate the rate using 57,630
the median annual case-mix score for the peer group in lieu of an 57,631
assigned quarterly case-mix score. The department shall assign a 57,632
case-mix score or, if necessary, a cost per case-mix unit under 57,633
division (C) of section 5111.231 of the Revised Code for any 57,634
subsequent submissions that do not contain assessment information 57,635
that qualifies for use in calculating a case-mix score. 57,636
(b) If the facility is a replacement facility and the 57,638
facility or facilities that are being replaced are in operation 57,639
immediately before the replacement facility opens, the rate shall 57,640
be the same as the rate for the replaced facility or facilities, 57,641
proportionate to the number of beds in each replaced facility. 57,642
If one or more of the replaced facilities is not in operation 57,643
immediately before the replacement facility opens, its proportion 57,644
shall be determined under division (A)(1)(a) of this section. 57,645
(2) The rate for other protected costs shall be one 57,647
hundred fifteen per cent of the median rate for the applicable 57,648
type of facility calculated for the fiscal year under section 57,649
5111.235 of the Revised Code. 57,650
(3) The rate for indirect care costs shall be the 57,652
applicable maximum rate for the facility's peer group as 57,653
specified in division (B) of section 5111.24 or division (B) of 57,654
section 5111.241 of the Revised Code. 57,655
(4) The rate for capital costs shall be determined under 57,657
section 5111.25 or 5111.251 of the Revised Code using the greater 57,658
of actual inpatient days or an imputed occupancy rate of eighty 57,659
per cent. 57,660
(B) The department shall adjust the rates established 57,662
under division (A) of this section at both of the following 57,663
1270
times: 57,664
(1) Effective the first day of July, to reflect new rate 57,666
calculations for all facilities under sections 5111.23 to 5111.25 57,667
and 5111.251 of the Revised Code; 57,668
(2) Following the facility's submission of its cost report 57,670
under division (A)(1)(b) of section 5111.26 of the Revised Code. 57,671
The department shall pay the rate adjusted based on the 57,673
cost report beginning the first day of the calendar quarter that 57,674
begins more than ninety days after the department receives the 57,675
cost report. 57,676
Sec. 5111.257. (A) Notwithstanding sections 5111.23, 57,685
5111.231, 5111.235, 5111.24, 5111.241, 5111.25, 5111.251, and 57,686
5111.255 of the Revised Code, the department DIRECTOR of human 57,688
JOB AND FAMILY services shall adopt rules in accordance with 57,689
Chapter 119. of the Revised Code that establish a methodology for 57,690
calculating the prospective rates for direct care costs, other 57,691
protected costs, indirect care costs, and capital costs that will 57,692
be paid each fiscal year to nursing facilities and intermediate 57,693
care facilities for the mentally retarded, and discrete units of 57,694
nursing facilities or intermediate care facilities for the 57,695
mentally retarded, that serve residents who have diagnoses or 57,696
special care needs that require direct care resources that are 57,697
not measured adequately by the applicable assessment instrument 57,698
specified in rules adopted under section 5111.231 of the Revised 57,699
Code, or who have diagnoses or special care needs specified in 57,700
the rules as otherwise qualifying for consideration under this 57,701
section. The facilities and units of facilities whose rates are 57,702
established under this division may include, but shall not be 57,703
limited to, any of the following: 57,704
(1) In the case of nursing facilities, facilities and 57,706
units of facilities that serve medically fragile pediatric 57,707
residents, residents who are dependent on ventilators, or 57,708
residents who have severe traumatic brain injury, end-stage 57,709
Alzheimer's disease, or end-stage acquired immunodeficiency 57,710
1271
syndrome; 57,711
(2) In the case of intermediate care facilities for the 57,713
mentally retarded, facilities and units of facilities that serve 57,714
residents who have complex medical conditions or severe 57,715
behavioral problems. 57,716
The department shall use the methodology established under 57,718
this division to pay for services rendered by such facilities and 57,719
units after June 30, 1993. 57,720
The rules adopted under this division shall specify the 57,722
criteria and procedures the department will apply when 57,723
designating facilities and units that qualify for calculation of 57,724
rates under this division. The criteria shall include 57,725
consideration of whether all of the allowable costs of the 57,726
facility or unit would be paid by rates established under 57,727
sections 5111.23, 5111.231, 5111.235, 5111.24, 5111.241, 5111.25, 57,728
5111.251, and 5111.255 of the Revised Code, and shall establish a 57,729
minimum bed size for a facility or unit to qualify to have its 57,730
rates established under this division. The criteria shall not be 57,731
designed to require that residents be served only in facilities 57,732
located in large cities. The methodology established by the 57,733
rules shall consider the historical costs of providing care to 57,734
the residents of the facilities or units. 57,735
The rules may require that a facility designated under this 57,737
division or containing a unit designated under this division 57,738
receive authorization from the department to admit or retain a 57,739
resident to the facility or unit and shall specify the criteria 57,740
and procedures the department will apply when granting that 57,741
authorization. 57,742
Notwithstanding any other provision of sections 5111.20 to 57,744
5111.32 of the Revised Code, the costs incurred by facilities or 57,745
units whose rates are established under this division shall not 57,746
be considered in establishing payment rates for other facilities 57,747
or units. 57,748
(B) The department DIRECTOR may adopt rules in accordance 57,750
1272
with Chapter 119. of the Revised Code under which the department, 57,751
notwithstanding any other provision of sections 5111.20 to 57,752
5111.32 of the Revised Code, may adjust the rates determined 57,753
under sections 5111.23 to 5111.255 of the Revised Code for a 57,754
facility that serves a resident who has a diagnosis or special 57,755
care need that, in the rules adopted under division (A) of this 57,756
section, would qualify a facility or unit of a facility to have 57,757
its rate determined under that division, but who is not in such a 57,758
unit. The rules may require that a facility that qualifies for a 57,759
rate adjustment under this division receive authorization from 57,760
the department to admit or retain a resident who qualifies the 57,761
facility for the rate adjustment and shall specify the criteria 57,762
and procedures the department will apply when granting that 57,763
authorization. 57,764
Sec. 5111.26. (A)(1)(a) Except as provided in division 57,773
(A)(1)(b) of this section, each nursing facility and intermediate 57,774
care facility for the mentally retarded shall file with the 57,775
department of human JOB AND FAMILY services an annual cost report 57,776
prepared in accordance with guidelines established by the 57,777
department. The report shall cover a calendar year or the 57,778
portion of a calendar year during which the facility participated 57,779
in the medical assistance program. All facilities shall file 57,780
the reports within ninety days after the end of the calendar 57,781
year. The department, for good cause, may grant a fourteen-day 57,782
extension of the time for filing cost reports upon written 57,783
request from a facility. The department DIRECTOR OF JOB AND 57,784
FAMILY SERVICES shall prescribe, in rules adopted in accordance 57,786
with Chapter 119. of the Revised Code, the cost reporting form 57,787
and a uniform chart of accounts for the purpose of cost 57,788
reporting, and shall distribute cost reporting forms or computer 57,789
software for electronic submission of the cost report to each 57,790
nursing facility and intermediate care facility for the mentally 57,791
retarded at least sixty days before the facility's reporting 57,792
date.
1273
(b) A facility for which rates are established under 57,794
section 5111.255 of the Revised Code shall submit a cost report 57,795
no later than ninety days after the end of the facility's first 57,796
three full calendar months of operation. A facility that opens 57,797
after the first day of October in any calendar year is not 57,798
required to file a cost report for that calendar year. 57,799
(2) If a nursing facility or intermediate care facility 57,801
for the mentally retarded required to submit cost reports does 57,802
not file the reports within the required time periods or within 57,803
fourteen days thereafter if an extension is granted under 57,804
division (A)(1)(a) of this section, or files an incomplete or 57,805
inadequate report, the department shall provide immediate written 57,806
notice to the facility that its provider agreement will be 57,807
terminated in thirty days unless the facility submits a complete 57,808
and adequate cost report within thirty days. During the 57,809
thirty-day termination period or any additional time allowed for 57,810
an appeal of the proposed termination of a provider agreement, 57,811
the facility shall be paid its then current per resident per day 57,812
rate, minus two dollars. On July 1, 1994, the department shall 57,813
adjust the two-dollar reduction to reflect the rate of inflation 57,814
during the preceding twelve months, as shown in the consumer 57,815
price index for all items for all urban consumers for the north 57,816
central region, published by the United States bureau of labor 57,817
statistics. On July 1, 1995, and the first day of July of each 57,818
year thereafter, the department shall adjust the amount of the 57,819
reduction in effect during the previous twelve months to reflect 57,820
the rate of inflation during the preceding twelve months, as 57,821
shown in the same index. 57,822
(B) No nursing facility or intermediate care facility for 57,824
the mentally retarded shall report fines paid under sections 57,825
5111.35 to 5111.62 or section 5111.99 of the Revised Code in any 57,826
cost report filed under this section. 57,827
(C) The department shall develop an addendum to the cost 57,829
report form that a nursing facility or intermediate care facility 57,830
1274
for the mentally retarded may use to set forth costs that the 57,831
facility believes may be disputed by the department. Any costs 57,832
reported by the facility on the addendum may be considered by the 57,833
department in setting the facility's rate. If the department 57,834
does not consider the costs listed on the addendum in setting the 57,835
facility's rate, the facility may seek reconsideration of that 57,836
determination under section 5111.29 of the Revised Code. If the 57,837
department subsequently includes the costs listed in the addendum 57,838
in the facility's rate, the department shall pay the facility 57,839
interest at a reasonable rate established in rules adopted in 57,840
accordance with Chapter 119. of the Revised Code for the time 57,841
that the rate paid excluded the costs.
Sec. 5111.261. Except as otherwise provided in sections 57,850
5111.262 to 5111.264 of the Revised Code, the department of human 57,851
JOB AND FAMILY services, in determining whether direct care costs
and indirect care costs are allowable, shall place no limit on 57,852
specific categories of reasonable costs other than compensation 57,853
of owners, compensation of relatives of owners, compensation of 57,854
administrators and costs for resident meals that are prepared and 57,855
consumed outside the facility. 57,856
Compensation cost limits for owners and relatives of owners 57,858
shall be based on compensation costs for individuals who hold 57,859
comparable positions but who are not owners or relatives of 57,860
owners, as reported on facility cost reports. As used in this 57,861
section, "comparable position" means the position that is held by 57,862
the owner or the owner's relative, if that position is listed 57,863
separately on the cost report form, or if the position is not 57,864
listed separately, the group of positions that is listed on the 57,865
cost report form and that includes the position held by the owner 57,866
or the owner's relative. In the case of an owner or owner's 57,867
relative who serves the facility in a capacity such as corporate 57,868
officer, proprietor, or partner for which no comparable position 57,869
or group of positions is listed on the cost report form, the 57,870
compensation cost limit shall be based on civil service 57,871
1275
equivalents and shall be specified in rules adopted by the 57,872
department DIRECTOR OF JOB AND FAMILY SERVICES in accordance with 57,874
Chapter 119. of the Revised Code.
Compensation cost limits for administrators shall be based 57,876
on compensation costs for administrators who are not owners or 57,877
relatives of owners, as reported on facility cost reports. 57,878
Compensation cost limits for administrators of four or more 57,879
intermediate care facilities for the mentally retarded shall be 57,880
the same as the limits for administrators of nursing facilities 57,881
or intermediate care facilities for the mentally retarded with 57,882
one hundred fifty or more beds. 57,883
For nursing facilities, cost limits for resident meals that 57,885
are prepared and consumed outside the facility shall be based on 57,886
the statewide average cost of serving and preparing meals in all 57,887
nursing facilities, as reported on the facility cost reports. For 57,889
intermediate care facilities for the mentally retarded, cost
limits for resident meals that are prepared and consumed outside 57,890
the facility shall be based on the statewide average cost of 57,891
serving and preparing meals in all intermediate care facilities 57,892
for the mentally retarded, as reported on the facility cost 57,893
reports. 57,894
Sec. 5111.263. (A) As used in this section, "covered 57,903
therapy services" means physical therapy, occupational therapy, 57,904
audiology, and speech therapy services that are provided by 57,905
appropriately licensed therapists or therapy assistants and that 57,906
are covered for nursing facility residents either by the medicare 57,907
program established under Title XVIII of the "Social Security 57,908
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, or the 57,909
medical assistance program as specified in rules adopted by the 57,910
department DIRECTOR of human JOB AND FAMILY services in 57,912
accordance with Chapter 119. of the Revised Code. 57,913
(B) Except as provided in division (G) of this section, 57,915
the costs of therapy are not allowable costs for nursing 57,916
facilities for the purpose of determining rates under sections 57,917
1276
5111.23, 5111.231, 5111.235, 5111.24, 5111.241, 5111.25, 57,918
5111.251, 5111.255, and 5111.257 of the Revised Code. 57,919
(C) The department of human JOB AND FAMILY services shall 57,921
process no claims for payment under the medical assistance 57,923
program for covered therapy services rendered to a resident of a 57,924
nursing facility other than such claims submitted, in accordance 57,925
with this section, by a nursing facility that has a valid 57,927
provider agreement with the department.
(D) Nursing facilities that have entered into a provider 57,929
agreement may bill the department of human JOB AND FAMILY 57,930
services for covered therapy services it provides to residents of 57,931
any nursing facility who are recipients of the medical assistance 57,932
program and not eligible for the medicare program. 57,933
(E) The department shall not process any claim for a 57,935
covered therapy service provided to a nursing facility resident 57,936
who is eligible for the medicare program unless the claim is for 57,937
a copayment or deductible or the conditions in division (E)(1) or 57,938
(2) of this section apply: 57,939
(1) The covered therapy service provided is, under the 57,941
federal statutes, regulations, or policies governing the medicare 57,942
program, not covered by the medicare program and the service is, 57,943
under the provisions of this chapter or the rules adopted under 57,944
this chapter, covered by the medical assistance program. 57,945
(2) All of the following apply: 57,947
(a) The individual or entity who provided the covered 57,949
therapy service was eligible to bill the medicare program for the 57,950
service. 57,951
(b) A complete, accurate, and timely claim was submitted 57,953
to the medicare program and the program denied payment for the 57,954
service as not medically necessary for the resident. For the 57,955
purposes of division (E)(2)(b) of this section, a claim is not 57,956
considered to have been denied by the medicare program until 57,957
either a denial has been issued following a medicare fair hearing 57,958
or six months have elapsed since the request for a fair hearing 57,959
1277
was filed. 57,960
(c) The facility is required to provide or arrange for the 57,962
provision of the service by a licensed therapist or therapy 57,963
assistant to be in compliance with federal or state nursing 57,964
facility certification requirements for the medical assistance 57,965
program. 57,966
(d) The claim for payment for the services under the 57,968
medical assistance program is accompanied by documentation that 57,969
divisions (E)(2)(b) and (c) of this section apply to the service. 57,970
(F) The reimbursement allowed by the department for 57,972
covered therapy services provided to nursing facility residents 57,973
and billed under division (D) or (E) of this section shall be 57,974
fifteen per cent less than the fees it pays for the same services 57,975
rendered to hospital outpatients. The department DIRECTOR may 57,976
adopt rules in accordance with Chapter 119. of the Revised Code 57,978
establishing comparable fees for covered therapy services that 57,979
are not included in its schedule of fees paid for services 57,980
rendered to hospital outpatients. 57,981
(G) A nursing facility's reasonable costs for 57,983
rehabilitative, restorative, or maintenance therapy services 57,984
rendered to facility residents by nurses or nurse aides, and the 57,985
facility's overhead costs to support provision of therapy 57,986
services provided to nursing facility residents, are allowable 57,987
costs for the purposes of establishing rates under sections 57,988
5111.23, 5111.231, 5111.235, 5111.24, 5111.241, 5111.25, 57,989
5111.251, 5111.255, and 5111.257 of the Revised Code. 57,990
Sec. 5111.27. (A) The department of human JOB AND FAMILY 57,999
services shall conduct a desk review of each cost report it 58,001
receives under section 5111.26 of the Revised Code. Based on the 58,002
desk review, the department shall make a preliminary 58,003
determination of whether the reported costs are allowable costs. 58,004
The department shall notify each nursing facility and 58,005
intermediate care facility for the mentally retarded of whether 58,006
any of its costs are preliminarily determined not to be 58,007
1278
allowable, the rate calculation under sections 5111.23 to 58,008
5111.257 of the Revised Code that results from that 58,009
determination, and the reasons for the determination and 58,010
resulting rate. The department shall allow the facility to 58,011
verify the calculation and submit additional information. 58,012
(B) The department may conduct an audit, as defined by the 58,014
department by rule adopted BY THE DIRECTOR OF JOB AND FAMILY 58,015
SERVICES in accordance with Chapter 119. of the Revised Code, of 58,017
any cost report and shall notify the nursing facility or 58,018
intermediate care facility for the mentally retarded of its 58,019
findings.
Audits shall be conducted by auditors under contract with 58,021
or employed by the department. The decision whether to conduct 58,022
an audit and the scope of the audit, which may be a desk or field 58,023
audit, shall be determined based on prior performance of the 58,024
provider and may be based on a risk analysis or other evidence 58,025
that gives the department reason to believe that the provider has 58,026
reported costs improperly. A desk or field audit may be 58,027
performed annually, but is required whenever a provider does not 58,028
pass the risk analysis tolerance factors. The department shall 58,029
issue the audit report no later than three years after the cost 58,030
report is filed, or upon the completion of a desk or field audit 58,031
on the report or a report for a subsequent cost reporting period, 58,032
whichever is earlier. During the time within which the 58,033
department may issue an audit report, the provider may amend the 58,034
cost report upon discovery of a material error or material 58,035
additional information. The department shall review the amended 58,036
cost report for accuracy and notify the provider of its 58,037
determination. 58,038
The department may establish a contract for the auditing of 58,040
facilities by outside firms. Each contract entered into by 58,041
bidding shall be effective for one to two years. The department 58,042
shall establish an audit manual and program which shall require 58,043
that all field audits, conducted either pursuant to a contract or 58,044
1279
by department employees: 58,045
(1) Comply with the applicable rules prescribed pursuant 58,047
to Titles XVIII and XIX of the "Social Security Act," 49 Stat. 58,048
620 (1935), 42 U.S.C.A. 301, as amended; 58,049
(2) Consider generally accepted auditing standards 58,051
prescribed by the American institute of certified public 58,052
accountants; 58,053
(3) Include a written summary as to whether the costs 58,055
included in the report examined during the audit are allowable 58,056
and are presented fairly in accordance with generally accepted 58,057
accounting principles and department rules, and whether, in all 58,058
material respects, allowable costs are documented, reasonable, 58,059
and related to patient care; 58,060
(4) Are conducted by accounting firms or auditors who, 58,062
during the period of the auditors' professional engagement or 58,063
employment and during the period covered by the cost reports, do 58,064
not have nor are committed to acquire any direct or indirect 58,065
financial interest in the ownership, financing, or operation of a 58,066
nursing facility or intermediate care facility for the mentally 58,067
retarded in this state; 58,068
(5) Are conducted by accounting firms or auditors who, as 58,070
a condition of the contract or employment, shall not audit any 58,071
facility that has been a client of the firm or auditor; 58,072
(6) Are conducted by auditors who are otherwise 58,074
independent as determined by the standards of independence 58,075
established by the American institute of certified public 58,076
accountants; 58,077
(7) Are completed within the time period specified by the 58,079
department; 58,080
(8) Provide to the nursing facility or intermediate care 58,082
facility for the mentally retarded complete written 58,083
interpretations that explain in detail the application of all 58,084
relevant contract provisions, regulations, auditing standards, 58,085
rate formulae, and departmental policies, with explanations and 58,086
1280
examples, that are sufficient to permit the facility to calculate 58,087
with reasonable certainty those costs that are allowable and the 58,088
rate to which the facility is entitled. 58,089
For the purposes of division (B)(4) of this section, 58,091
employment of a member of an auditor's family by a nursing 58,092
facility or intermediate care facility for the mentally retarded 58,093
that the auditor does not review does not constitute a direct or 58,094
indirect financial interest in the ownership, financing, or
operation of the facility. 58,095
(C) The department, pursuant to rules adopted in 58,097
accordance with Chapter 119. of the Revised Code, may conduct an 58,098
exception review of assessment information submitted under 58,099
section 5111.231 of the Revised Code. The department may conduct 58,100
an exception review based on the findings of a certification 58,101
survey conducted by the department of health, a risk analysis, or 58,102
prior performance of the provider. 58,103
Exception reviews shall be conducted at the facility by 58,105
appropriate health professionals under contract with or employed 58,106
by the department of human JOB AND FAMILY services. The 58,107
professionals may review resident assessment forms and supporting 58,108
documentation, conduct interviews, and observe residents to 58,109
identify any patterns or trends of inaccurate assessments and 58,110
resulting inaccurate case-mix scores.
The rules shall establish an exception review program that 58,112
requires that exception reviews do all of the following: 58,113
(1) Comply with Titles XVIII and XIX of the "Social 58,115
Security Act"; 58,116
(2) Provide a written summary that states whether the 58,118
resident assessment forms have been completed accurately; 58,119
(3) Are conducted by health professionals who, during the 58,121
period of their professional engagement or employment with the 58,122
department, neither have nor are committed to acquire any direct 58,123
or indirect financial interest in the ownership, financing, or 58,124
operation of a nursing facility or intermediate care facility for 58,125
1281
the mentally retarded in this state; 58,126
(4) Are conducted by health professionals who, as a 58,128
condition of their engagement or employment with the department, 58,129
shall not review any facility that has been a client of the 58,131
professional.
For the purposes of division (C)(3) of this section, 58,133
employment of a member of a health professional's family by a 58,134
nursing facility or intermediate care facility for the mentally 58,135
retarded that the professional does not review does not 58,136
constitute a direct or indirect financial interest in the
ownership, financing, or operation of the facility. 58,137
If an exception review is conducted before the effective 58,139
date of the rate that is based on the case-mix information 58,140
subject to the review and the review results in findings that 58,141
exceed tolerance levels specified in the rules adopted under this 58,142
division, the department, in accordance with those rules, may use 58,143
the findings to recalculate individual resident case-mix scores, 58,144
quarterly average facility case-mix scores, and annual average 58,145
facility case-mix scores. The department may use the 58,146
recalculated quarterly and annual facility average case-mix 58,147
scores to calculate the facility's rate for direct care costs for 58,148
the appropriate calendar quarter or quarters. 58,149
(D) The department shall prepare a written summary of any 58,151
audit disallowance or exception review finding that is made after 58,152
the effective date of the rate that is based on the cost or 58,153
case-mix information. Where the facility is pursuing judicial or 58,154
administrative remedies in good faith regarding the disallowance 58,155
or finding, the department shall not withhold from the facility's 58,156
current payments any amounts the department claims to be due from 58,157
the facility pursuant to section 5111.28 of the Revised Code. 58,158
(E) The department shall not reduce rates calculated under 58,160
sections 5111.23 to 5111.28 of the Revised Code on the basis that 58,161
the facility charges a lower rate to any resident who is not 58,162
eligible for the medical assistance program. 58,163
1282
(F) The department shall adjust the rates calculated under 58,165
sections 5111.23 to 5111.28 of the Revised Code to account for 58,166
reasonable additional costs that must be incurred by nursing 58,167
facilities and intermediate care facilities for the mentally 58,168
retarded to comply with requirements of federal or state 58,169
statutes, rules, or policies enacted or amended after January 1, 58,170
1992, or with orders issued by state or local fire authorities. 58,171
Sec. 5111.29. (A) The department DIRECTOR of human JOB 58,181
AND FAMILY services shall adopt rules in accordance with Chapter 58,182
119. of the Revised Code that establish a process under which a 58,183
nursing facility or intermediate care facility for the mentally 58,184
retarded, or a group or association of facilities, may seek 58,185
reconsideration of rates established under sections 5111.23 to 58,186
5111.28 of the Revised Code, including a rate for direct care 58,187
costs recalculated before the effective date of the rate as a 58,188
result of an exception review of resident assessment information 58,189
conducted under section 5111.27 of the Revised Code. 58,190
(1) Except as provided in divisions (A)(2) to (4) of this 58,192
section, the only issue that a facility, group, or association 58,193
may raise in the rate reconsideration shall be whether the rate 58,194
was calculated in accordance with sections 5111.23 to 5111.28 of 58,195
the Revised Code and the rules adopted under those sections. The 58,196
rules shall permit a facility, group, or association to submit 58,197
written arguments or other materials that support its position. 58,198
The rules shall specify time frames within which the facility, 58,199
group, or association and the department must act. If the 58,200
department determines, as a result of the rate reconsideration, 58,201
that the rate established for one or more facilities is less than 58,202
the rate to which it is entitled, the department shall increase 58,204
the rate. If the department has paid the incorrect rate for a 58,205
period of time, the department shall pay the facility the 58,206
difference between the amount it was paid for that period and the 58,207
amount it should have been paid. 58,208
(2) The rules shall provide that during a fiscal year, the 58,210
1283
department, by means of the rate reconsideration process, may 58,211
increase a facility's rate as calculated under sections 5111.23 58,212
to 5111.28 of the Revised Code if the facility demonstrates that 58,213
its actual, allowable costs have increased because of extreme 58,214
circumstances. A facility may qualify for a rate increase only 58,215
if its per diem, actual, allowable costs have increased to a 58,216
level that exceeds its total rate, including any efficiency 58,217
incentive and return on equity payment. The rules shall specify 58,218
the circumstances that would justify a rate increase under 58,219
division (A)(2) of this section. The rules shall provide that 58,220
the extreme circumstances include, but are not limited to, 58,221
renovations approved under division (D) of section 5111.251 of 58,222
the Revised Code, an increase in workers' compensation experience 58,223
rating of greater than five per cent for a facility that has an 58,224
appropriate claims management program, increased security costs 58,225
for an inner-city facility, and a change of ownership that 58,226
results from bankruptcy, foreclosure, or findings of violations 58,227
of certification requirements by the department of health. An 58,228
increase under division (A)(2) of this section is subject to any 58,229
rate limitations or maximum rates established by sections 5111.23 58,230
to 5111.28 of the Revised Code for specific cost centers. Any 58,231
rate increase granted under division (A)(2) of this section shall 58,232
take effect on the first day of the first month after the 58,233
department receives the request. 58,234
(3) The rules shall provide that the department, through 58,236
the rate reconsideration process, may increase a facility's rate 58,237
as calculated under sections 5111.23 to 5111.28 of the Revised 58,238
Code if the department, in its sole discretion, determines that 58,239
the rate as calculated under those sections works an extreme 58,240
hardship on the facility. 58,241
(4) The rules shall provide that when beds certified for 58,243
the medical assistance program are added to an existing facility, 58,244
replaced at the same site, or subject to a change of ownership or 58,245
lease, the department, through the rate reconsideration process, 58,246
1284
shall increase the facility's rate for capital costs 58,247
proportionately, as limited by any applicable limitation under 58,248
section 5111.25 or 5111.251 of the Revised Code, to account for 58,249
the costs of the beds that are added, replaced, or subject to a 58,250
change of ownership or lease. The department shall make this 58,251
increase one month after the first day of the month after the 58,252
department receives sufficient documentation of the costs. Any 58,254
rate increase granted under division (A)(4) of this section after 58,255
June 30, 1993, shall remain in effect until the effective date of 58,256
a rate calculated under section 5111.25 or 5111.251 of the 58,257
Revised Code that includes costs incurred for a full calendar 58,258
year for the bed addition, bed replacement, or change of
ownership or lease. The facility shall report double accumulated 58,260
depreciation in an amount equal to the depreciation included in 58,261
the rate adjustment on its cost report for the first year of 58,262
operation. During the term of any loan used to finance a project 58,263
for which a rate adjustment is granted under division (A)(4) of 58,265
this section, if the facility is operated by the same provider, 58,266
the facility shall subtract from the interest costs it reports on 58,267
its cost report an amount equal to the difference between the 58,268
following:
(a) The actual, allowable interest costs for the loan 58,271
during the calendar year for which the costs are being reported; 58,272
(b) The actual, allowable interest costs attributable to 58,275
the loan that were used to calculate the rates paid to the 58,276
facility during the same calendar year.
(5) The department's decision at the conclusion of the 58,278
reconsideration process shall not be subject to any 58,279
administrative proceedings under Chapter 119. or any other 58,280
provision of the Revised Code. 58,281
(B) Any audit disallowance that the department makes as 58,283
the result of an audit under section 5111.27 of the Revised Code, 58,284
any adverse finding that results from an exception review of 58,285
resident assessment information conducted under that section 58,286
1285
after the effective date of the facility's rate that is based on 58,287
the assessment information, and any penalty the department 58,288
imposes under division (C) of section 5111.28 of the Revised Code 58,289
shall be subject to an adjudication conducted in accordance with 58,290
Chapter 119. of the Revised Code. 58,291
Sec. 5111.291. Notwithstanding sections 5111.20 to 5111.29 58,300
of the Revised Code, the department of human JOB AND FAMILY 58,301
services may compute the rate for intermediate care facilities 58,302
for the mentally retarded operated by the department of mental
retardation and developmental disabilities or the department of 58,303
mental health according to the reasonable cost principles of 58,304
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 58,305
U.S.C.A. 1395, as amended.
Sec. 5111.30. The department of human JOB AND FAMILY 58,314
services shall terminate the provider agreement with a nursing 58,316
facility or intermediate care facility for the mentally retarded 58,318
that does not comply with the requirements of section 3721.071 of 58,320
the Revised Code for the installation of fire extinguishing and 58,321
fire alarm systems. 58,322
Sec. 5111.31. (A) Every provider agreement with a nursing 58,331
facility or intermediate care facility for the mentally retarded 58,332
shall: 58,333
(1) Prohibit the facility from failing or refusing to 58,335
retain as a patient any person because he THE PERSON is, becomes, 58,337
or may, as a patient in the facility, become a recipient of
assistance under the medical assistance program. For the 58,338
purposes of this division, a recipient of medical assistance who 58,339
is a patient in a facility shall be considered a patient in the 58,340
facility during any hospital stays totaling less than twenty-five 58,341
days during any twelve-month period. Recipients who have been 58,342
identified by the department of human JOB AND FAMILY services or 58,343
its designee as requiring the level of care of an intermediate 58,344
care facility for the mentally retarded shall not be subject to a 58,345
maximum period of absences during which they are considered 58,346
1286
patients if prior authorization of the department for visits with 58,347
relatives and friends and participation in therapeutic programs 58,348
is obtained under rules adopted under section 5111.02 of the 58,349
Revised Code.
(2) Include any part of the facility that meets standards 58,351
for certification of compliance with federal and state laws and 58,352
rules for participation in the medical assistance program, except 58,353
that nursing facilities that, during the period beginning July 1, 58,354
1987, and ending July 1, 1993, added beds licensed as nursing 58,355
home beds under Chapter 3721. of the Revised Code are not 58,356
required to include those beds under a provider agreement unless 58,357
otherwise required by federal law. Once added to the provider 58,358
agreement, however, those nursing home beds may not be removed 58,359
unless the facility withdraws from the medical assistance program 58,360
in its entirety. 58,361
(3) Prohibit the facility from discriminating against any 58,363
patient on the basis of race, color, sex, creed, or national 58,364
origin. 58,365
(4) Except as otherwise prohibited under section 5111.55 58,367
of the Revised Code, prohibit the facility from failing or 58,368
refusing to accept a patient because he THE PATIENT is, becomes, 58,369
or may, as a patient in the facility, become a recipient of 58,370
assistance under the medical assistance program if less than 58,371
eighty per cent of the patients in the facility are recipients of 58,372
medical assistance. 58,373
(B) Nothing in this section shall bar any religious or 58,375
denominational nursing facility or intermediate care facility for 58,376
the mentally retarded that is operated, supervised, or controlled 58,377
by a religious organization from giving preference to persons of 58,378
the same religion or denomination. Nothing in this section shall 58,379
bar any facility from giving preference to persons with whom it 58,380
has contracted to provide continuing care. 58,381
(C) Nothing in this section shall bar any county home 58,383
organized under Chapter 5155. of the Revised Code from admitting 58,384
1287
residents exclusively from the county in which the county home is 58,385
located. 58,386
(D) No nursing facility or intermediate care facility for 58,388
the mentally retarded with which a provider agreement is in 58,389
effect shall violate the provider contract obligations imposed 58,390
under this section. 58,391
(E) Nothing in divisions (A) and (B) of this section shall 58,393
bar any nursing facility or intermediate care facility for the 58,394
mentally retarded from retaining patients who have resided in the 58,395
facility for not less than one year as private pay patients and 58,396
who subsequently become recipients of assistance under the 58,397
medicaid program, but refusing to accept as a patient any person 58,398
who is or may, as a patient in the facility, become a recipient 58,399
of assistance under the medicaid program, if all of the following 58,400
apply: 58,401
(1) The facility does not refuse to retain any patient who 58,403
has resided in the facility for not less than one year as a 58,404
private pay patient because he THE PATIENT becomes a recipient of 58,406
assistance under the medicaid program, except as necessary to
comply with division (E)(2) of this section; 58,407
(2) The number of medicaid recipients retained under this 58,409
division does not at any time exceed ten per cent of all the 58,410
patients in the facility; 58,411
(3) On July 1, 1980, all the patients in the facility were 58,413
private pay patients. 58,414
Sec. 5111.33. Reimbursement to nursing facilities and 58,423
intermediate care facilities for the mentally retarded under 58,424
sections 5111.20 to 5111.32 of the Revised Code shall include 58,425
payments to facilities, at a rate equal to the percentage of the 58,426
per resident per day rates that the department of human JOB AND 58,427
FAMILY services has established for the facility under sections 58,428
5111.23 to 5111.29 of the Revised Code for the fiscal year for 58,429
which the cost of services is reimbursed, to reserve a bed for a 58,430
recipient during a temporary absence under conditions prescribed 58,431
1288
by the department, to include hospitalization for an acute 58,432
condition, visits with relatives and friends, and participation 58,433
in therapeutic programs outside the facility, when the resident's 58,434
plan of care provides for such absence and federal participation 58,435
in the payments is available. The maximum period during which 58,436
payments may be made to reserve a bed shall not exceed the 58,437
maximum period specified under federal regulations, and shall not 58,438
be more than thirty days during any calendar year for hospital 58,439
stays, visits with relatives and friends, and participation in 58,440
therapeutic programs. Recipients who have been identified by the 58,441
department as requiring the level of care of an intermediate care 58,442
facility for the mentally retarded shall not be subject to a 58,443
maximum period during which payments may be made to reserve a bed 58,444
if prior authorization of the department is obtained for hospital 58,445
stays, visits with relatives and friends, and participation in 58,446
therapeutic programs. The department DIRECTOR OF JOB AND FAMILY 58,447
SERVICES shall adopt rules under division (B) of section 5111.02 58,449
of the Revised Code establishing conditions under which prior 58,450
authorization may be obtained.
Sec. 5111.34. There is hereby created the medicaid 58,459
long-term care reimbursement study council consisting of the 58,461
following twenty-two members:
(A) The director of human JOB AND FAMILY services; 58,463
(B) An employee assigned to the office of medicaid of the 58,465
department of human JOB AND FAMILY services, appointed by the 58,466
director of human JOB AND FAMILY services;
(C) The director of health; 58,468
(D) The director of aging; 58,470
(E) The director of mental retardation and developmental 58,472
disabilities; 58,473
(F) The director of budget and management; 58,475
(G) The legislative budget officer; 58,477
(H) Two members of the house of representatives, appointed 58,479
by the speaker of the house of representatives; 58,480
1289
(I) Two members of the senate, appointed by the president 58,482
of the senate; 58,483
(J) Three representatives of the public, one appointed by 58,485
the governor, one appointed by the speaker of the house of 58,486
representatives, and one appointed by the president of the 58,487
senate; 58,488
(K) Two representatives of each of the following 58,490
organizations, appointed by their respective governing bodies: 58,491
(1) The Ohio academy of nursing homes; 58,493
(2) The association of Ohio philanthropic homes and 58,495
housing for the aging; 58,496
(3) The Ohio health care association; 58,498
(4) The Ohio private residential association. 58,500
Initial appointments of members described in divisions (B), 58,502
(H), (I), (J), and (K) of this section shall be made no later 58,503
than thirty days after December 22, 1992. Vacancies in any of 58,504
those appointments shall be filled in the same manner as original 58,505
appointments. The members described in division (J) of this 58,506
section each shall serve a term of two years and may be 58,507
reappointed. The members described in divisions (B), (H), (I), 58,508
and (K) of this section shall serve at the pleasure of the 58,509
official or governing body appointing the member. The members 58,510
described in divisions (A), (C), (D), (E), (F), and (G) of this 58,511
section shall serve for as long as they hold the position that 58,512
qualifies them for membership on the council. The speaker of the 58,514
house of representatives and the president of the senate jointly 58,515
shall appoint the chairperson of the council. Members of the
council shall serve without compensation. 58,516
The council shall review, on an ongoing basis, the system 58,518
established by sections 5111.20 to 5111.32 of the Revised Code 58,519
for reimbursing nursing facilities and intermediate care 58,520
facilities for the mentally retarded under the medical assistance 58,521
program. The council shall recommend any changes it determines 58,523
are necessary. The council periodically shall report its 58,524
1290
activities, findings, and recommendations to the governor, the 58,525
speaker of the house of representatives, and the president of the 58,526
senate.
Sec. 5111.341. No later than July 1, 1994, and no later 58,535
than the first day of July of each year thereafter, the 58,537
department of human JOB AND FAMILY services shall report to the 58,538
speaker of the house of representatives and the president of the 58,540
senate on any necessary refinements to the case-mix system for 58,541
reimbursing direct care costs under section 5111.23 of the 58,543
Revised Code, including the resident assessment instruments 58,545
specified in rules adopted under section 5111.231 of the Revised 58,547
Code. In preparing the report each year, the department shall 58,548
consult with and consider the comments of representatives of 58,549
nursing facilities, intermediate care facilities for the mentally 58,551
retarded, and other interested parties. 58,552
Sec. 5111.35. As used in this section "a resident's 58,561
rights" means the rights of a nursing facility resident under 58,562
sections 3721.10 to 3721.17 of the Revised Code and subsection 58,563
(c) of section 1819 or 1919 of the "Social Security Act," 49 58,564
Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and regulations 58,565
issued under those subsections. 58,566
As used in sections 5111.35 to 5111.62 of the Revised Code: 58,568
(A) "Certification requirements" means the requirements 58,570
for nursing facilities established under sections 1819 and 1919 58,571
of the "Social Security Act." 58,572
(B) "Compliance" means substantially meeting all 58,574
applicable certification requirements. 58,575
(C) "Contracting agency" means a state agency that has 58,577
entered into a contract with the department of human JOB AND 58,578
FAMILY services under section 5111.38 of the Revised Code. 58,579
(D)(1) "Deficiency" means a finding cited by the 58,581
department of health during a survey, on the basis of one or more 58,582
actions, practices, situations, or incidents occurring at a 58,583
nursing facility, that constitutes a severity level three 58,584
1291
finding, severity level four finding, scope level three finding, 58,585
or scope level four finding. Whenever the finding is a repeat 58,586
finding, "deficiency" also includes any finding that is a 58,587
severity level two and scope level one finding, a severity level 58,588
two and scope level two finding, or a severity level one and 58,589
scope level two finding. 58,590
(2) "Cluster of deficiencies" means deficiencies that 58,592
result from noncompliance with two or more certification 58,593
requirements and are causing or resulting from the same action, 58,594
practice, situation, or incident. 58,595
(E) "Emergency" means either of the following: 58,597
(1) A deficiency or cluster of deficiencies that creates a 58,599
condition of immediate jeopardy; 58,600
(2) An unexpected situation or sudden occurrence of a 58,602
serious or urgent nature that creates a substantial likelihood 58,603
that one or more residents of a nursing facility may be seriously 58,604
harmed if allowed to remain in the facility, including the 58,605
following: 58,606
(a) A flood or other natural disaster, civil disaster, or 58,608
similar event; 58,609
(b) A labor strike that suddenly causes the number of 58,611
staff members in a nursing facility to be below that necessary 58,612
for resident care. 58,613
(F) "Finding" means a finding of noncompliance with 58,615
certification requirements determined by the department of health 58,616
under section 5111.41 of the Revised Code. 58,617
(G) "Immediate jeopardy" means that one or more residents 58,619
of a nursing facility are in imminent danger of serious physical 58,620
or life-threatening harm. 58,621
(H) "Medicaid eligible resident" means a person who is a 58,623
resident of a nursing facility, or is applying for admission to a 58,624
nursing facility, and is eligible to receive financial assistance 58,625
under the medical assistance program for the care he THE PERSON 58,626
receives in such a facility. 58,627
1292
(I) "Noncompliance" means failure to substantially meet 58,629
all applicable certification requirements. 58,630
(J) "Nursing facility" has the same meaning as in section 58,632
5111.20 of the Revised Code. 58,633
(K) "Provider" means a person, institution, or entity that 58,635
furnishes nursing facility services under a medical assistance 58,636
program provider agreement. 58,637
(L) "Repeat finding" or "repeat deficiency" means a 58,639
finding or deficiency cited pursuant to a survey, to which both 58,640
of the following apply: 58,641
(1) The finding or deficiency involves noncompliance with 58,643
the same certification requirement, and the same kind of actions, 58,644
practices, situations, or incidents caused by or resulting from 58,645
the noncompliance, as were cited in the immediately preceding 58,646
standard survey or another survey conducted subsequent to the 58,647
immediately preceding standard survey of the facility. For 58,648
purposes of this division, actions, practices, situations, or 58,649
incidents may be of the same kind even though they involve 58,650
different residents, staff, or parts of the facility. 58,651
(2) The finding or deficiency is cited subsequent to a 58,653
determination by the department of health that the finding or 58,654
deficiency cited on the immediately preceding standard survey, or 58,655
another survey conducted subsequent to the immediately preceding 58,656
standard survey, had been corrected. 58,657
(M)(1) "Scope level one finding" means a finding of 58,659
noncompliance by a nursing facility in which the actions, 58,660
situations, practices, or incidents causing or resulting from the 58,661
noncompliance affect one or a very limited number of facility 58,662
residents and involve one or a very limited number of facility 58,663
staff members. 58,664
(2) "Scope level two finding" means a finding of 58,666
noncompliance by a nursing facility in which the actions, 58,667
situations, practices, or incidents causing or resulting from the 58,668
noncompliance affect more than a limited number of facility 58,669
1293
residents or involve more than a limited number of facility staff 58,670
members, but the number or percentage of facility residents 58,671
affected or staff members involved and the number or frequency of 58,672
the actions, situations, practices, or incidents in short 58,673
succession does not establish any reasonable degree of 58,674
predictability of similar actions, situations, practices, or 58,675
incidents occurring in the future. 58,676
(3) "Scope level three finding" means a finding of 58,678
noncompliance by a nursing facility in which the actions, 58,679
situations, practices, or incidents causing or resulting from the 58,680
noncompliance affect more than a limited number of facility 58,681
residents or involve more than a limited number of facility staff 58,682
members, and the number or percentage of facility residents 58,683
affected or staff members involved or the number or frequency of 58,684
the actions, situations, practices, or incidents in short 58,685
succession establishes a reasonable degree of predictability of 58,686
similar actions, situations, practices, or incidents occurring in 58,687
the future. 58,688
(4) "Scope level four finding" means a finding of 58,690
noncompliance by a nursing facility causing or resulting from 58,691
actions, situations, practices, or incidents that involve a 58,692
sufficient number or percentage of facility residents or staff 58,693
members or occur with sufficient regularity over time that the 58,694
noncompliance can be considered systemic or pervasive in the 58,695
facility. 58,696
(N)(1) "Severity level one finding" means a finding of 58,698
noncompliance by a nursing facility that has not caused and, if 58,699
continued, is unlikely to cause physical harm to a facility 58,700
resident, mental or emotional harm to a resident, or a violation 58,701
of a resident's rights that results in physical, mental, or 58,702
emotional harm to the resident. 58,703
(2) "Severity level two finding" means a finding of 58,705
noncompliance by a nursing facility that, if continued over time, 58,706
will cause, or is likely to cause, physical harm to a facility 58,707
1294
resident, mental or emotional harm to a resident, or a violation 58,708
of a resident's rights that results in physical, mental, or 58,709
emotional harm to the resident. 58,710
(3) "Severity level three finding" means a finding of 58,712
noncompliance by a nursing facility that has caused physical harm 58,713
to a facility resident, mental or emotional harm to a resident, 58,714
or a violation of a resident's rights that results in physical, 58,715
mental, or emotional harm to the resident. 58,716
(4) "Severity level four finding" means a finding of 58,718
noncompliance by a nursing facility that has caused 58,719
life-threatening harm to a facility resident or caused a 58,720
resident's death. 58,721
(O) "State agency" has the same meaning as in section 1.60 58,723
of the Revised Code. 58,724
(P) "Substandard care" means care furnished in a facility 58,726
in which the department of health has cited a deficiency or 58,727
deficiencies that constitute one of the following: 58,728
(1) A severity level four finding, regardless of scope; 58,730
(2) A severity level three and scope level four finding, 58,732
in the quality of care provided to residents; 58,733
(3) A severity level three and scope level three finding, 58,735
in the quality of care provided to residents. 58,736
(Q)(1) "Survey" means a survey of a nursing facility 58,738
conducted under section 5111.39 of the Revised Code. 58,739
(2) "Standard survey" means a survey conducted by the 58,741
department of health under division (A) of section 5111.39 of the 58,742
Revised Code and includes an extended survey. 58,743
(3) "Follow-up survey" means a survey conducted by the 58,745
department of health to determine whether a nursing facility has 58,746
substantially corrected deficiencies cited in a previous survey. 58,747
Sec. 5111.36. The department DIRECTOR of human JOB AND 58,757
FAMILY services may adopt rules under Chapter 119. of the Revised 58,758
Code that are consistent with regulations, guidelines, and 58,759
procedures issued by the United States secretary of health and 58,760
1295
human services under sections 1819 and 1919 of the "Social 58,761
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, 58,762
and necessary for administration and enforcement of sections 58,763
5111.35 to 5111.62 of the Revised Code. If the secretary does not 58,764
issue appropriate regulations for enforcement of sections 1819 58,765
and 1919 of the "Social Security Act" on or before the effective 58,766
date of this section DECEMBER 13, 1990, the department DIRECTOR 58,768
of human JOB AND FAMILY services may adopt, under Chapter 119. of 58,769
the Revised Code, rules that are consistent with those sections 58,770
and with sections 5111.35 to 5111.62 of the Revised Code. 58,771
Sec. 5111.37. The department of human JOB AND FAMILY 58,780
services is hereby authorized to enforce sections 5111.35 to 58,782
5111.62 of the Revised Code. The department may enforce the 58,783
sections directly or through contracting agencies. The 58,784
department and agencies shall enforce the sections in accordance 58,785
with the requirements of sections 1819 and 1919 of the "Social 58,786
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, 58,787
that apply to nursing facilities; with regulations, guidelines, 58,788
and procedures adopted by the United States secretary of health 58,789
and human services for the enforcement of sections 1819 and 1919 58,790
of the "Social Security Act"; and with the rules adopted under 58,791
section 5111.36 of the Revised Code. The department and agencies 58,792
shall enforce sections 5111.35 to 5111.62 of the Revised Code for 58,793
purposes of the medicare program, Title XVIII of the "Social 58,794
Security Act," only to the extent prescribed by the regulations, 58,795
guidelines, and procedures issued by the secretary under section 58,796
1819 of that act. 58,797
Sec. 5111.38. The department of human JOB AND FAMILY 58,806
services may enter into contracts with other state agencies that 58,808
authorize the agencies to perform all or part of the duties 58,810
assigned to the department of human JOB AND FAMILY services under
sections 5111.35 to 5111.62 of the Revised Code. Each contract 58,812
shall specify the duties the agency is authorized to perform and 58,814
the sections of the Revised Code under which the agency is 58,816
1296
authorized to perform those duties.
Sec. 5111.41. (A) Except as provided in section 3721.17 58,825
of the Revised Code, a finding shall be cited only on the basis 58,826
of a survey and a determination that one or more actions, 58,827
practices, situations, or incidents at a nursing facility caused 58,828
or resulted from the facility's failure to comply with one or 58,829
more certification requirements. The department of health shall 58,830
determine whether the actions, practices, situations, or 58,831
incidents can be justified by either of the following: 58,832
(1) The actions, practices, situations, or incidents 58,834
resulted from a resident exercising his THE RESIDENT'S rights 58,835
guaranteed under the laws of the United States or of this state; 58,836
(2) The actions, practices, situations, or incidents 58,838
resulted from a facility following the orders of a person 58,839
licensed under Chapter 4731. of the Revised Code to practice 58,840
medicine or surgery or osteopathic medicine and surgery. 58,841
(B) If the department of health determines both that the 58,843
actions, practices, situations, or incidents cannot be justified 58,844
by the factors identified in division (A) of this section and 58,845
that one or more of the following are applicable, the department 58,846
shall declare that the actions, practices, situations, or 58,847
incidents constitute a finding: 58,848
(1) The actions, practices, situations, or incidents could 58,850
have been prevented by one or more persons involved in the 58,851
facility's operation; 58,852
(2) No person involved in the facility's operation 58,854
identified the actions, practices, situations, or incidents prior 58,855
to the survey; 58,856
(3) Prior to the survey, no person involved in the 58,858
facility's operation initiated action to correct the 58,859
noncompliance caused by or resulting in the actions, practices, 58,860
situations, or incidents; 58,861
(4) The facility does not have in effect, if needed, a 58,863
contingency plan that is reasonably calculated to prevent 58,864
1297
physical, mental, or emotional harm to residents while permanent 58,865
corrective action is being taken. 58,866
(C) The department of health shall determine the severity 58,868
level and scope level of each finding. 58,869
(D) A deficiency that is substantially corrected within 58,871
the time limits specified in sections 5111.52 to 5111.56 of the 58,872
Revised Code and for which no remedy is imposed, shall be counted 58,873
as a deficiency for the purpose of determining whether a 58,874
deficiency is a repeat deficiency. 58,875
(E) Whenever the department of health determines that 58,877
during the period between two surveys a finding existed at the 58,878
facility, but the facility substantially corrected it prior to 58,879
the second survey, the department shall cite it. However, the 58,880
department of human JOB AND FAMILY services or a contracting 58,881
agency shall impose a remedy only as provided in division (C) of 58,882
section 5111.46 of the Revised Code. 58,883
(F) Immediately upon determining the severity and scope of 58,885
a finding at a nursing facility, the department of health shall 58,886
notify the department of human JOB AND FAMILY services and any 58,887
contracting agency of the finding, the severity and scope of the 58,888
finding, and whether the finding creates immediate jeopardy. 58,889
Immediately upon determining that an emergency exists at a 58,890
facility that does not result from a deficiency that creates 58,891
immediate jeopardy, the department of health shall notify the 58,892
department of human JOB AND FAMILY services and any contracting
agency.
Sec. 5111.42. (A) Not later than ten days after an exit 58,901
interview, the department of health shall deliver to the nursing 58,902
facility a detailed statement, titled a statement of 58,903
deficiencies, setting forth all findings and deficiencies cited 58,904
on the basis of the survey, including any finding cited pursuant 58,905
to division (E) of section 5111.41 of the Revised Code. The 58,906
statement shall indicate the severity and scope level of each 58,907
finding and fully describe the incidents or other facts that form 58,908
1298
the basis of the department's determination of the existence of 58,909
each finding and deficiency. A failure by the survey team to 58,910
completely disclose in the exit interview every finding that may 58,911
result from the survey does not affect the validity of any 58,912
finding or deficiency cited in the statement of deficiencies. On 58,913
request of the facility, the department shall provide a copy of 58,914
any written worksheet or other document produced by the survey 58,915
team in making recommendations regarding scope and severity 58,916
levels of findings and deficiencies. 58,917
(B) At the same time the department of health delivers a 58,919
statement of deficiencies, it also shall deliver to the facility 58,920
a separate written notice that states all of the following: 58,921
(1) That the department of human JOB AND FAMILY services 58,923
or a contracting agency will issue an order under section 5111.57 58,924
of the Revised Code denying payment for any medicaid eligible 58,925
residents admitted on and after the effective date of the order 58,926
if the facility does not substantially correct, within ninety 58,927
days after the exit interview, the deficiency or deficiencies 58,928
cited in the statement of deficiencies in accordance with the 58,929
plan of correction it submitted under section 5111.43 of the 58,930
Revised Code;
(2) If a condition of substandard care has been cited on 58,932
the basis of a standard survey and a condition of substandard 58,933
care was also cited on the immediately preceding standard survey, 58,934
that the department of human JOB AND FAMILY services or a 58,935
contracting agency will issue an order under section 5111.57 of 58,936
the Revised Code denying payment for any medicaid eligible 58,937
residents admitted on and after the effective date of the order 58,938
if a condition of substandard care is cited on the basis of the 58,939
next standard survey; 58,940
(3) That the department of human JOB AND FAMILY services 58,942
or a contracting agency will issue an order under section 5111.58 58,943
of the Revised Code terminating the facility's participation in 58,944
the medical assistance program if either of the following 58,945
1299
applies:
(a) The facility does not substantially correct the 58,947
deficiency or deficiencies in accordance with the plan of 58,948
correction it submitted under section 5111.43 of the Revised Code 58,949
within six months after the exit interview. 58,950
(b) The facility substantially corrects the deficiency or 58,952
deficiencies within the six-month period, but after correcting 58,953
it, the department of health, based on a follow-up survey 58,954
conducted during the remainder of the six-month period, 58,955
determines that the facility has failed to maintain compliance 58,956
with certification requirements. 58,957
Sec. 5111.45. (A) If the department of health cites a 58,966
deficiency or deficiencies that was not substantially corrected 58,967
before a survey and that does not constitute a severity level 58,968
four finding or create immediate jeopardy, the department of 58,969
human JOB AND FAMILY services or a contracting agency shall
permit the nursing facility to continue participating in the 58,970
medical assistance program for up to six months after the exit 58,971
interview, if all of the following apply: 58,972
(1) The facility meets the requirements, established in 58,974
regulations issued by the United States secretary of health and 58,975
human services under Title XIX of the "Social Security Act," 49
Stat. 620 (1935), 42 U.S.C.A. 301, as amended, for certification 58,976
of nursing facilities that have a deficiency. 58,977
(2) The department of health has approved a plan of 58,979
correction submitted by the facility under section 5111.43 of the 58,980
Revised Code for each deficiency. 58,981
(3) The provider agrees to repay the department of human 58,983
JOB AND FAMILY services, in accordance with section 5111.58 of
the Revised Code, the federal share of all payments made by the 58,984
department to the facility during the six-month period following 58,985
the exit interview if the facility does not within the six-month 58,986
period substantially correct the deficiency or deficiencies in 58,987
accordance with the plan of correction submitted under section 58,988
1300
5111.43 of the Revised Code. 58,989
(B) If any of the conditions in divisions (A)(1) to (3) of 58,991
this section do not apply, the department of human JOB AND FAMILY 58,992
services or contracting agency shall issue an order terminating 58,993
the facility's participation in the medical assistance program. 58,994
An order issued under this division is subject to appeal under 58,995
Chapter 119. of the Revised Code. The order shall not take 58,996
effect prior to the later of the thirtieth day after it is 58,997
delivered to the facility or, if the order is appealed, the date 58,998
on which a final adjudication order upholding the termination 58,999
becomes effective pursuant to Chapter 119. of the Revised Code. 59,000
(C) At the time the department of human JOB AND FAMILY 59,002
services or contracting agency issues an order under division (B) 59,003
of this section terminating a nursing facility's participation in 59,004
the medical assistance program, it may also impose, subject to 59,005
section 5111.50 of the Revised Code, other remedies under 59,006
sections 5111.46 to 5111.48 of the Revised Code. 59,007
Sec. 5111.46. (A) If the department of health cites a 59,016
deficiency, or cluster of deficiencies, that was not 59,017
substantially corrected before a survey and constitutes a 59,018
severity level four finding, the department of human JOB AND 59,019
FAMILY services or contracting agency shall, subject to sections 59,020
5111.52 to 5111.56 of the Revised Code, impose a remedy for the 59,021
deficiency or cluster of deficiencies. The department or agency 59,022
may act under either division (A)(1) or (2) of this section: 59,023
(1) The department or agency may impose one or more of the 59,025
following remedies: 59,026
(a) Issue an order terminating the nursing facility's 59,028
participation in the medical assistance program. 59,029
(b) Do either of the following: 59,031
(i) Regardless of whether the provider consents, appoint a 59,033
temporary manager of the facility. 59,034
(ii) Apply to the common pleas court of the county in 59,036
which the facility is located for such injunctive or other 59,037
1301
equitable relief as is necessary for the appointment of a special 59,038
master with such powers and authority over the facility and 59,039
length of appointment as the court considers necessary. 59,040
(c) Do either of the following: 59,042
(i) Issue an order denying payment to the facility under 59,044
the medical assistance program for all medicaid eligible 59,045
residents admitted after the effective date of the order; 59,046
(ii) Impose a fine. 59,048
(d) Issue an order denying payment to the facility under 59,050
the medical assistance program for medicaid eligible residents 59,051
admitted after the effective date of the order who have certain 59,052
diagnoses or special care needs specified by the department or 59,053
agency. 59,054
(2) The department or agency may impose one or more of the 59,056
following remedies: 59,057
(a) Appoint, subject to the continuing consent of the 59,059
provider, a temporary manager of the facility; 59,060
(b) Do either of the following: 59,062
(i) Regardless of whether the provider consents, appoint a 59,064
temporary manager of the facility; 59,065
(ii) Apply to the common pleas court of the county in 59,067
which the facility is located for such injunctive or other 59,068
equitable relief as is necessary for the appointment of a special 59,069
master with such powers and authority over the facility and 59,070
length of appointment as the court considers necessary. 59,071
(c) Do either of the following: 59,073
(i) Issue an order denying payment to the facility under 59,075
the medical assistance program for all medicaid eligible 59,076
residents admitted after the effective date of the order; 59,077
(ii) Impose a fine. 59,079
(d) Issue an order denying payment to the facility under 59,081
the medical assistance program for medicaid eligible residents 59,082
admitted after the effective date of the order who have certain 59,083
diagnoses or special care needs specified by the department or 59,084
1302
agency; 59,085
(e) Issue an order requiring the facility to correct the 59,087
deficiency or cluster of deficiencies under the plan of 59,088
correction submitted by the facility and approved by the 59,089
department of health under section 5111.43 of the Revised Code. 59,090
(B) The department of human JOB AND FAMILY services or 59,092
contracting agency shall deliver a written order issued under 59,093
division (A)(1) of this section terminating a nursing facility's 59,094
participation in the medical assistance program to the facility 59,095
within five days after the exit interview. If the facility 59,096
alleges, at any time prior to the later of the twentieth day 59,097
after the exit interview or the fifteenth day after it receives 59,098
the order, that the deficiency or cluster of deficiencies for 59,099
which the order was issued has been substantially corrected, the 59,100
department of health shall conduct a follow-up survey to 59,101
determine whether the deficiency or cluster of deficiencies has 59,102
been substantially corrected. The order shall take effect and 59,103
the facility's participation shall terminate on the twentieth day 59,104
after the exit interview, unless the facility has substantially 59,105
corrected the deficiency or cluster of deficiencies that 59,106
constituted a severity level four finding or did not receive 59,107
notice from the department of human JOB AND FAMILY services or
contracting agency within five days after the exit interview. In 59,108
the latter case, the order shall take effect and the facility's 59,109
participation shall terminate on the fifteenth day after the 59,110
facility received the order.
(C) If the department of health cites a deficiency or 59,112
cluster of deficiencies pursuant to division (E) of section 59,113
5111.41 of the Revised Code that constituted a severity level 59,114
four finding, the department of human JOB AND FAMILY services or 59,115
a contracting agency shall, subject to section 5111.56 of the 59,116
Revised Code, impose a fine. The fine shall be in effect for a 59,117
period equal to the number of days the deficiency or cluster of 59,118
deficiencies existed at the facility. 59,119
1303
Sec. 5111.47. If the department of health cites a 59,128
deficiency, or cluster of deficiencies, that was not 59,129
substantially corrected before a survey and constitutes a 59,130
severity level three and scope level three or four finding, the 59,131
department of human JOB AND FAMILY services or a contracting 59,132
agency may, subject to sections 5111.55 and 5111.56 of the 59,133
Revised Code, impose one or more of the following remedies: 59,134
(A) Do either of the following: 59,136
(1) Issue an order denying payment to the facility under 59,138
the medical assistance program for all medicaid eligible 59,139
residents admitted after the effective date of the order; 59,140
(2) Impose a fine. 59,142
(B) Issue an order denying payment to the facility under 59,144
the medical assistance program for medicaid eligible residents 59,145
admitted after the effective date of the order who have certain 59,146
diagnoses or special care needs specified by the department or 59,147
agency; 59,148
(C) Issue an order requiring the facility to correct the 59,150
deficiency or cluster of deficiencies under the plan of 59,151
correction submitted by the facility and approved by the 59,152
department of health under section 5111.43 of the Revised Code. 59,153
Sec. 5111.48. (A) If the department of health cites a 59,162
deficiency, or cluster of deficiencies, that was not 59,163
substantially corrected before a survey and constitutes a 59,164
severity level three and scope level two finding, the department 59,165
of human JOB AND FAMILY services or a contracting agency may,
subject to sections 5111.55 and 5111.56 of the Revised Code, 59,166
impose one or more of the following remedies: 59,167
(1) Do either of the following: 59,169
(a) Issue an order denying payment to the facility under 59,171
the medical assistance program for all medicaid eligible 59,172
residents admitted after the effective date of the order; 59,173
(b) Impose a fine. 59,175
(2) Issue an order denying payment to the facility under 59,177
1304
the medical assistance program for medicaid eligible residents 59,178
admitted after the effective date of the order who have certain 59,179
diagnoses or special care needs specified by the department or 59,180
agency; 59,181
(3) Issue an order requiring the facility to correct the 59,183
deficiency or cluster of deficiencies under the plan of 59,184
correction proposed by the facility and approved by the 59,185
department of health under section 5111.43 of the Revised Code. 59,186
(B) If the department of health cites a deficiency, or 59,188
cluster of deficiencies, that was not substantially corrected 59,189
before a survey and constitutes a severity level three and scope 59,190
level one finding, the department of human JOB AND FAMILY 59,191
services or a contracting agency may, subject to sections 5111.55 59,192
and 5111.56 of the Revised Code, impose one or more of the 59,193
following remedies: 59,194
(1) Impose a fine; 59,196
(2) Issue an order denying payment to the facility under 59,198
the medical assistance program for medicaid eligible residents 59,199
admitted after the effective date of the order who have certain 59,200
diagnoses or special care needs specified by the department or 59,201
agency; 59,202
(3) Issue an order requiring the facility to correct the 59,204
deficiency or cluster of deficiencies under the plan of 59,205
correction proposed by the facility and approved by the 59,206
department of health under section 5111.43 of the Revised Code. 59,207
(C) If the department of health cites a deficiency, or 59,209
cluster of deficiencies, that was not substantially corrected 59,210
before a survey and constitutes a severity level two and a scope 59,211
level three or four finding, the department of human JOB AND 59,212
FAMILY services or a contracting agency may, subject to sections 59,213
5111.55 and 5111.56 of the Revised Code, impose one or more of 59,214
the following remedies: 59,215
(1) Impose a fine; 59,217
(2) Issue an order denying payment to the facility under 59,219
1305
the medical assistance program for medicaid eligible residents 59,220
admitted after the effective date of the order who have certain 59,221
diagnoses or special care needs specified by the department or 59,222
agency; 59,223
(3) Issue an order requiring the facility to correct the 59,225
deficiency or cluster of deficiencies under the plan of 59,226
correction submitted by the facility and approved by the 59,227
department of health under section 5111.43 of the Revised Code. 59,228
(D) If the department of health cites a deficiency, or 59,230
cluster of deficiencies, that was not substantially corrected 59,231
before a survey, constitutes a severity level two and scope level 59,232
one or two finding, and is a repeat finding, the department of 59,233
human JOB AND FAMILY services or a contracting agency may issue
an order requiring the facility to correct the deficiency or 59,234
cluster of deficiencies under the plan of correction submitted by 59,235
the facility and approved by the department of health under 59,236
section 5111.43 of the Revised Code. 59,237
(E) If the department of health cites a deficiency, or 59,239
cluster of deficiencies, that was not substantially corrected 59,240
before a survey and constitutes a severity level one and scope 59,241
level three or four finding, the department of human JOB AND 59,242
FAMILY services or a contracting agency may issue an order 59,243
requiring the facility to correct the deficiency or cluster of 59,244
deficiencies under the plan of correction submitted by the 59,245
facility and approved by the department of health under section 59,246
5111.43 of the Revised Code.
(F) If the department of health cites a deficiency, or 59,248
cluster of deficiencies, that was not substantially corrected 59,249
before a survey, constitutes a severity level one and scope level 59,250
two finding, and is a repeat finding, the department of human JOB 59,251
AND FAMILY services or a contracting agency may issue an order
requiring the facility to correct the deficiency or cluster of 59,252
deficiencies under the plan of correction submitted by the 59,253
facility and approved by the department of health under section 59,254
1306
5111.43 of the Revised Code. 59,255
Sec. 5111.49. (A) In determining which remedies to impose 59,264
under section 5111.46, 5111.47, or 5111.48 of the Revised Code, 59,265
including whether a fine should be imposed, the department of 59,266
human JOB AND FAMILY services or a contracting agency shall do
both of the following: 59,267
(1) Impose the remedies that are most likely to achieve 59,269
correction of deficiencies, encourage sustained compliance with 59,270
certification requirements, and protect the health, safety, and 59,271
rights of facility residents, but that are not directed at 59,272
punishment of the facility; 59,273
(2) Consider all of the following: 59,275
(a) The presence or absence of immediate jeopardy; 59,277
(b) The relationships of groups of deficiencies to each 59,279
other; 59,280
(c) The facility's history of compliance with 59,282
certification requirements generally and in the specific area of 59,283
the deficiency or deficiencies; 59,284
(d) Whether the deficiency or deficiencies are directly 59,286
related to resident care; 59,287
(e) The corrective, long-term compliance, resident 59,289
protective, and nonpunitive outcomes sought by the department or 59,290
agency; 59,291
(f) The nature, scope, and duration of the noncompliance 59,293
with certification requirements; 59,294
(g) The existence of repeat deficiencies; 59,296
(h) The category of certification requirements with which 59,298
the facility is out of compliance; 59,299
(i) Any period of noncompliance with certification 59,301
requirements that occurred between two certifications by the 59,302
department of health that the facility was in compliance with 59,303
certification requirements; 59,304
(j) The facility's degree of culpability; 59,306
(k) The accuracy, extent, and availability of facility 59,308
1307
records; 59,309
(l) The facility's financial condition, exclusive of any 59,311
moneys donated to a facility that is an organization described in 59,312
subsection 501(c)(3) and is tax exempt under subsection 501(a) of 59,313
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 59,314
1; 59,315
(m) Any adverse effect that the action or fine would have 59,317
on the health and safety of facility residents; 59,318
(n) If the noncompliance that resulted in the citation of 59,320
a deficiency or cluster of deficiencies existed before a change 59,321
in ownership of the facility, whether the new owner or owners 59,322
have had sufficient time to correct the noncompliance. 59,323
(B) Whenever the department or agency imposes remedies 59,325
under section 5111.46, 5111.47, or 5111.48 of the Revised Code, 59,326
it shall provide a written statement to the nursing facility that 59,327
specifies all of the following: 59,328
(1) The effective date of each remedy; 59,330
(2) The deficiency or cluster of deficiencies for which 59,332
each remedy is imposed; 59,333
(3) The severity and scope of the deficiency or cluster of 59,335
deficiencies; 59,336
(4) The rationale, including all applicable factors 59,338
specified in division (A) of this section, for imposing the 59,339
remedies. 59,340
Sec. 5111.50. At the time the department of human JOB AND 59,349
FAMILY services or a contracting agency, under section 5111.45, 59,351
5111.46, or 5111.51 of the Revised Code, issues an order 59,353
terminating a nursing facility's participation in the medical 59,354
assistance program, the department or agency may also impose a 59,355
fine, in accordance with sections 5111.46 to 5111.48 and 5111.56 59,357
of the Revised Code, to be collected in the event the termination 59,359
order does not take effect. The department or agency shall not 59,361
collect this fine if the termination order takes effect. 59,363
Sec. 5111.51. (A) If the department of health finds 59,372
1308
during a survey that an emergency exists at a nursing facility, 59,373
as the result of a deficiency or cluster of deficiencies that 59,374
creates immediate jeopardy, the department of human JOB AND 59,375
FAMILY services or a contracting agency shall impose one or more 59,376
of the remedies described in division (A)(1) of this section and, 59,377
in addition, may take one or both of the actions described in 59,378
division (A)(2) of this section. 59,379
(1) The department or agency shall impose one or more of 59,381
the following remedies: 59,382
(a) Appoint, subject to the continuing consent of the 59,384
provider, a temporary manager of the facility; 59,385
(b) Apply to the common pleas court of the county in which 59,387
the facility is located for a temporary restraining order, 59,388
preliminary injunction, or such other injunctive or equitable 59,389
relief as is necessary to close the facility, transfer one or 59,390
more residents to other nursing facilities or other appropriate 59,391
care settings, or otherwise eliminate the condition of immediate 59,392
jeopardy. If the court grants such an order, injunction, or 59,393
relief, it may appoint a special master empowered to implement 59,394
the court's judgment under the court's direct supervision. 59,395
(c) Issue an order terminating the facility's 59,397
participation in the medical assistance program; 59,398
(d) Regardless of whether the provider consents, appoint a 59,400
temporary manager of the facility. 59,401
(2) The department or agency may do one or both of the 59,403
following: 59,404
(a) Issue an order denying payment to the facility for all 59,406
medicaid eligible residents admitted after the effective date of 59,407
the order; 59,408
(b) Impose remedies under sections 5111.46 to 5111.48 of 59,410
the Revised Code appropriate to the severity and scope of the 59,411
deficiency or cluster of deficiencies, except that the department 59,412
or agency shall not impose a fine for the same deficiency for 59,413
which the department or agency has issued an order under division 59,414
1309
(A)(2)(a) of this section. 59,415
(B) If the department of health, department of human JOB 59,417
AND FAMILY services, or a contracting agency finds on the basis
of a survey or other visit to the facility by representatives of 59,418
that department or agency that an emergency exists at a facility 59,419
that is not the result of a deficiency or cluster of deficiencies 59,420
that constitutes immediate jeopardy, the department of human JOB 59,421
AND FAMILY services or contracting agency may do either of the 59,422
following:
(1) Appoint, subject to the continuing consent of the 59,424
provider, a temporary manager of the facility; 59,425
(2) Apply to the common pleas court of the county in which 59,427
the facility is located for a temporary restraining order, 59,428
preliminary injunction, or such other injunctive or equitable 59,429
relief as is necessary to close the facility, transfer one or 59,430
more residents to other nursing facilities or other appropriate 59,431
care settings, or otherwise eliminate the emergency. If the 59,432
court grants such an order, injunction, or relief, it may appoint 59,433
a special master empowered to implement the court's judgment 59,434
under the court's direct supervision. 59,435
(C)(1) Prior to acting under division (A)(1)(b), (c), (d), 59,437
or (2), or (B)(2) of this section, the department of human JOB 59,438
AND FAMILY services or contracting agency shall give written
notice to the facility specifying all of the following: 59,439
(a) The nature of the emergency, including the nature of 59,441
any deficiency or deficiencies that caused the emergency; 59,442
(b) The nature of the action the department or agency 59,444
intends to take unless the department of health determines that 59,445
the facility, in the absence of state intervention, possesses the 59,446
capacity to eliminate the emergency; 59,447
(c) The rationale for taking the action. 59,449
(2) If the department of health determines that the 59,451
facility does not possess the capacity to eliminate the emergency 59,452
in the absence of state intervention, the department of human JOB 59,453
1310
AND FAMILY services or contracting agency may immediately take
action under division (A) or (B) of this section. If the 59,454
department of health determines that the facility possesses the 59,455
capacity to eliminate the emergency, the department of human JOB 59,456
AND FAMILY services or contracting agency shall direct the 59,457
facility to eliminate the emergency within five days after the 59,458
facility's receipt of the notice. At the end of the five-day 59,459
period, the department of health shall conduct a follow-up survey 59,460
that focuses on the emergency. If the department of health 59,461
determines that the facility has eliminated the emergency within 59,462
the time period, the department of human JOB AND FAMILY services
or contracting agency shall not act under division (A)(1)(b), 59,463
(c), (d), or (2)(a), or (B)(2) of this section. If the 59,464
department of health determines that the facility has failed to 59,465
eliminate the emergency within the five-day period, the
department of human JOB AND FAMILY services or contracting agency 59,466
shall take appropriate action under division (A)(1)(b), (c), (d), 59,467
or (2), or (B)(2) of this section. 59,468
(3) Until the written notice required by division (C)(1) 59,470
of this section is actually delivered, no action taken by the 59,471
department of human JOB AND FAMILY services or contracting agency 59,472
under division (A)(1)(b), (c), (d), or (2), or (B)(2) of this 59,473
section shall have any legal effect. In addition to the written 59,474
notice, the department of health survey team shall give oral 59,475
notice to the facility, at the time of the survey, concerning any 59,476
recommendations the survey team intends to make that could form 59,477
the basis of a determination that an emergency exists. 59,478
(D) The department of human JOB AND FAMILY services or 59,480
contracting agency shall deliver a written order issued under 59,481
division (A)(1) of this section terminating a nursing facility's 59,482
participation in the medical assistance program to the facility 59,483
within five days after the exit interview. If the facility 59,484
alleges, at any time prior to the later of the twentieth day 59,485
after the exit interview or the fifteenth day after it receives 59,486
1311
the order, that the condition of immediate jeopardy for which the 59,487
order was issued has been eliminated, the department of health 59,488
shall conduct a follow-up survey to determine whether the 59,489
immediate jeopardy has been eliminated. The order shall take 59,490
effect and the facility's participation shall terminate on the 59,491
twentieth day after the exit interview, unless the facility has 59,492
eliminated the immediate jeopardy or did not receive notice from 59,493
the department of human JOB AND FAMILY services or contracting
agency within five days after the exit interview. In the latter 59,494
case, the order shall take effect and the facility's 59,495
participation shall terminate on the fifteenth day after the 59,496
facility received the order.
(E) Any action taken by the department of human JOB AND 59,498
FAMILY services or a contracting agency under division (A)(1)(c), 59,499
(d), or (2)(a) of this section is subject to appeal under Chapter 59,500
119. of the Revised Code, except that the department or agency 59,501
may take such action prior to and during the pendency of any 59,502
proceeding under that chapter. No action taken by a facility 59,503
under division (C) of this section to eliminate an emergency 59,504
cited by the department of health shall be considered an 59,505
admission by the facility of the existence of an emergency. 59,506
Sec. 5111.52. (A) As used in this section: 59,515
(1) "Provider agreement" means a contract between the 59,517
department of human JOB AND FAMILY services and a nursing 59,518
facility for the provision of nursing facility services under the 59,519
medical assistance program. 59,520
(2) "Terminating" includes not renewing. 59,522
(B) A nursing facility's participation in the medical 59,524
assistance program shall be terminated under sections 5111.35 to 59,525
5111.62 of the Revised Code as follows: 59,526
(1) If the department of human JOB AND FAMILY services is 59,528
terminating the facility's participation, it shall issue an order 59,529
terminating the facility's provider agreement. 59,530
(2) If the department of health, acting as a contracting 59,532
1312
agency, is terminating the facility's participation, it shall 59,533
issue an order terminating certification of the facility's 59,534
compliance with certification requirements. When the department 59,535
of health terminates certification, the department of human JOB 59,536
AND FAMILY services shall terminate the facility's provider
agreement. The department of human JOB AND FAMILY services is 59,537
not required to provide an adjudication hearing when it 59,538
terminates a provider agreement following termination of 59,539
certification by the department of health. 59,540
(3) If a state agency other than the department of health, 59,542
acting as a contracting agency, is terminating the facility's 59,543
participation, it shall notify the department of human JOB AND 59,544
FAMILY services, and the department of human JOB AND FAMILY 59,545
services shall issue an order terminating the facility's provider 59,546
agreement. The contracting agency shall conduct any 59,547
administrative proceedings concerning the order. 59,548
(C) If the following conditions are met, the department of 59,550
human JOB AND FAMILY services may make medical assistance
payments to a nursing facility for a period not exceeding thirty 59,551
days after the effective date of termination under sections 59,552
5111.35 to 5111.62 of the Revised Code of the facility's 59,553
participation in the medical assistance program: 59,554
(1) The payments are for medicaid eligible residents 59,556
admitted to the facility prior to the effective date of the 59,557
termination; 59,558
(2) The provider is making reasonable efforts to transfer 59,560
medicaid eligible residents to other care settings. 59,561
The period during which payments may be made under this 59,563
division begins on the later of the effective date of the 59,564
termination or, if the facility has appealed a termination order, 59,565
the date of issuance of the adjudication order upholding 59,566
termination. 59,567
Sec. 5111.53. (A) Whenever a nursing facility is closed 59,576
under sections 5111.35 to 5111.62 of the Revised Code, the 59,577
1313
department of human JOB AND FAMILY services or contracting agency 59,578
shall arrange for the safe and orderly transfer of all residents, 59,579
including residents who are not medicaid eligible residents, to 59,580
other appropriate care settings. Whenever a facility's 59,581
participation in the medical assistance program is terminated 59,582
under sections 5111.35 to 5111.62 of the Revised Code, the 59,583
department or agency shall arrange for the safe and orderly 59,584
transfer of all medicaid eligible residents or, if the 59,585
termination results in the closure of the facility, of all 59,586
residents. The provider and all persons involved in the 59,587
facility's operation shall cooperate with and assist in the 59,588
transfer of residents.
(B) After a nursing facility's participation in the 59,590
medical assistance program is terminated under section 5111.45, 59,591
5111.46, 5111.51, or 5111.58 of the Revised Code, the department 59,592
of human JOB AND FAMILY services or contracting agency may
appoint a temporary manager subject to the continuing consent of 59,593
the provider, or may apply to the common pleas court of the 59,594
county in which the facility is located for such injunctive 59,595
relief as is necessary for the appointment of a special master, 59,596
to ensure the transfer of medicaid eligible residents to other 59,597
appropriate care settings and, if applicable, the orderly closure 59,598
of the facility.
Sec. 5111.54. (A) A temporary manager of a nursing 59,607
facility appointed by the department of human JOB AND FAMILY 59,608
services or a contracting agency under sections 5111.35 to 59,609
5111.62 of the Revised Code shall meet all of the following 59,610
qualifications:
(1) Be licensed as a nursing home administrator under 59,612
Chapter 4751. of the Revised Code; 59,613
(2) Have demonstrated competence as a nursing home 59,615
administrator; 59,616
(3) Have had no disciplinary action taken against him THE 59,618
TEMPORARY MANAGER by any licensing board or professional society 59,619
1314
in this state.
(B) The salary of a temporary manager or special master 59,621
appointed under sections 5111.35 to 5111.62 of the Revised Code 59,622
shall be paid by the facility and set by the department of human 59,623
JOB AND FAMILY services or contracting agency, in the case of a
temporary manager, or by the court, in the case of a special 59,624
master, at a rate not to exceed the maximum allowable 59,625
compensation for an administrator under the medical assistance 59,626
program. The extent to which this compensation is allowable 59,627
under the medical assistance program is subject to and limited by 59,628
this chapter and rules of the department. 59,629
Subject to division (C) of this section, any costs incurred 59,631
on behalf of a nursing facility by a temporary manager or special 59,632
master appointed under sections 5111.35 to 5111.62 of the Revised 59,633
Code shall be paid by the facility. The allowability of these 59,634
costs under the medical assistance program shall be subject to 59,635
and governed by this chapter and the rules of the department. 59,636
This division does not prohibit a facility from applying for or 59,637
receiving any waiver of cost ceilings available under rules of 59,638
the department. 59,639
(C) No temporary manager or special master appointed under 59,641
sections 5111.35 to 5111.62 of the Revised Code shall enter into 59,642
any employment contract on behalf of a facility, or purchase any 59,643
capital goods using facility funds totaling more than ten 59,644
thousand dollars, unless the temporary manager or special master 59,645
has obtained prior approval for the contract or purchase from 59,646
either the provider or the court. 59,647
(D)(1) A temporary manager appointed for a nursing 59,649
facility under section 5111.46 of the Revised Code is hereby 59,650
vested, subject to division (C) of this section, with the legal 59,651
authority necessary to correct any deficiency or cluster of 59,652
deficiencies at a facility, bring the facility into compliance 59,653
with certification requirements, and otherwise ensure the health 59,654
and safety of the residents. 59,655
1315
(2) A temporary manager appointed under section 5111.51 of 59,657
the Revised Code is hereby vested, subject to division (C) of 59,658
this section, with the authority necessary to eliminate the 59,659
emergency, bring the facility into compliance with certification 59,660
requirements, and otherwise ensure the health and safety of the 59,661
residents. 59,662
(3) A temporary manager appointed under section 5111.53 of 59,664
the Revised Code is hereby vested, subject to division (C) of 59,665
this section, with the authority necessary to ensure the transfer 59,666
of medicaid eligible residents to other appropriate care settings 59,667
and, if applicable, the orderly closure of the facility, and to 59,668
otherwise ensure the health and safety of the residents. 59,669
(E) Prior to acting under division (A)(1)(b) or (2)(b) of 59,671
section 5111.46 of the Revised Code to appoint a temporary 59,672
manager or apply for a special master, the department of human 59,673
JOB AND FAMILY services or contracting agency shall order the
facility to substantially correct the deficiency or deficiencies 59,674
within five days after receiving the statement and inform the 59,675
facility, in the statement it provides pursuant to division (B) 59,676
of section 5111.49 of the Revised Code, of the order and that it 59,677
will not take that action unless the facility fails to 59,678
substantially correct the deficiency or deficiencies within that 59,679
five-day period. At the end of the five-day period, the 59,680
department of health shall conduct a follow-up survey that 59,681
focuses on the deficiency or deficiencies. If the department of 59,682
health determines that the facility has substantially corrected 59,683
the deficiency or deficiencies within that time, the department 59,684
of human JOB AND FAMILY services or contracting agency shall not
appoint a temporary manager or apply for a special master. If 59,685
the department of health determines that the facility has failed 59,686
to substantially correct the deficiency or deficiencies within 59,687
that time, the department of human JOB AND FAMILY services or 59,688
contracting agency may proceed with appointment of the temporary 59,689
manager or application for a special master. Until the statement 59,690
1316
required under division (B) of section 5111.49 of the Revised 59,691
Code is actually delivered, no action taken by the department or 59,692
agency to appoint a temporary manager or apply for a temporary 59,693
manager under division (A)(1)(b) or (2)(b) of section 5111.46 of 59,694
the Revised Code shall have any legal effect. No action taken by 59,695
a facility under this division to substantially correct a 59,696
deficiency or deficiencies shall be considered an admission by 59,697
the facility of the existence of a deficiency or deficiencies. 59,698
(F) Appointment of a temporary manager under division 59,700
(A)(1)(b) or (2)(b) of section 5111.46 or division (A)(1)(d) of 59,701
section 5111.51 of the Revised Code shall expire at the end of 59,702
the seventh day following the appointment. If the department of 59,703
human JOB AND FAMILY services or contracting agency finds that
the deficiency or deficiencies that prompted the appointment 59,704
under division (A)(1)(b) or (2)(b) of section 5111.46 of the 59,705
Revised Code cannot be substantially corrected, or the condition 59,706
of immediate jeopardy that prompted the appointment under 59,707
division (A)(1)(d) of section 5111.51 of the Revised Code cannot 59,708
be eliminated, prior to the expiration of the appointment, it may 59,709
take one of the following actions: 59,710
(1) Appoint, subject to the continuing consent of the 59,712
provider, a temporary manager for the facility; 59,713
(2) Apply to the common pleas court of the county in which 59,715
the facility is located for an order appointing a special master 59,716
who, under the authority and direct supervision of the court and 59,717
subject to divisions (B) and (C) of this section, may take such 59,718
additional actions as are necessary to correct the deficiency or 59,719
deficiencies or eliminate the condition of immediate jeopardy and 59,720
bring the facility into compliance with certification 59,721
requirements. 59,722
(G) The court, on finding that the deficiency or 59,724
deficiencies for which a special master was appointed under 59,725
division (F)(2) of this section or division (A)(1)(b) or (2)(b) 59,726
of section 5111.46 of the Revised Code has been substantially 59,727
1317
corrected, or the emergency for which a special master was 59,728
appointed under division (F)(2) of this section or division 59,729
(A)(1)(b) or (B)(2) of section 5111.51 of the Revised Code has 59,730
been eliminated, that the facility has been brought into 59,731
compliance with certification requirements, and that the provider 59,732
has established the management capability to ensure continued 59,733
compliance with the certification requirements, shall immediately 59,734
terminate its jurisdiction over the facility and return control 59,735
and management of the facility to the provider. If the 59,736
deficiency or deficiencies cannot be substantially corrected, or 59,737
the emergency cannot be eliminated practicably within a 59,738
reasonable time following appointment of the special master, the 59,739
court may order the special master to close the facility and 59,740
transfer all residents to other nursing facilities or other 59,741
appropriate care settings. 59,742
Sec. 5111.55. (A) An order issued under section 5111.46, 59,751
5111.47, 5111.48, 5111.51, or 5111.57 of the Revised Code denying 59,752
payment to a nursing facility for all medicaid eligible residents 59,753
admitted after its effective date, or an order issued under 59,754
section 5111.46, 5111.47, or 5111.48 of the Revised Code denying 59,755
payment to a nursing facility for medicaid eligible residents 59,756
admitted after the effective date of the order who have specified 59,757
diagnoses or special care needs, shall also apply to individuals 59,758
admitted to the facility on and after the effective date of the 59,759
order who are not medicaid eligible residents but become medicaid 59,760
eligible residents after admission. Such an order shall not 59,761
apply to any of the following: 59,762
(1) An individual who was a medicaid eligible resident of 59,764
the facility on the day immediately preceding the effective date 59,765
of the order and continues to be a medicaid eligible resident on 59,766
and after that date; 59,767
(2) An individual who was a resident of the facility on 59,769
the day immediately preceding the effective date of the order, 59,770
continues to be a resident on and after that date, and becomes 59,771
1318
medicaid eligible on or after that date; 59,772
(3) An individual who was a medicaid eligible resident of 59,774
the facility prior to the effective date of the order, is 59,775
temporarily absent from the facility on that or a subsequent date 59,776
due to hospitalization or participation in therapeutic programs 59,777
outside the facility, and chooses to return to the facility; 59,778
(4) An individual who was a resident of the facility prior 59,780
to the effective date of the order, is temporarily absent from 59,781
the facility on that or a subsequent date due to hospitalization 59,782
or participation in therapeutic programs outside the facility, 59,783
becomes medicaid eligible on or after that date, and chooses to 59,784
return to the facility. 59,785
(B) An order issued under section 5111.46 of the Revised 59,787
Code denying payment to a nursing facility for all medicaid 59,788
eligible residents admitted after its effective date, or denying 59,789
payment to a facility for medicaid eligible residents admitted 59,790
after the effective date of the order who have specified 59,791
diagnoses or special care needs shall not take effect prior to 59,792
the fifth day after the order is delivered to the facility. Such 59,793
an order issued under section 5111.47 or 5111.48 of the Revised 59,794
Code shall not take effect prior to the twentieth day after it is 59,795
delivered to the facility. 59,796
(C) No nursing facility that has received an order under 59,798
section 5111.46, 5111.47, 5111.48, 5111.51, or 5111.57 of the 59,799
Revised Code denying payment for all new admissions of medicaid 59,800
eligible residents shall admit a medicaid eligible resident on or 59,801
after the effective date of the order, unless the resident is 59,802
described in division (A)(3) or (4) of this section, until the 59,803
order is terminated pursuant to this section. No nursing 59,804
facility that has received an order under section 5111.46, 59,805
5111.47, or 5111.48 of the Revised Code denying payment to a 59,806
nursing facility for new admissions of medicaid eligible 59,807
residents with specified diagnoses or special care needs shall 59,808
admit such a resident on or after the effective date of the 59,809
1319
order, unless the resident is described in division (A)(3) or (4) 59,810
of this section, until the order is terminated pursuant to this 59,811
section. 59,812
(D) In the case of an order imposed under division (B) of 59,814
section 5111.57 of the Revised Code, the department or agency 59,815
shall appoint monitors in accordance with section 5111.44 of the 59,816
Revised Code to conduct on-site monitoring. 59,817
(E)(1) A facility may give written notice to the 59,819
department of health whenever any of the following apply: 59,820
(a) With respect to an order denying payment issued under 59,822
section 5111.46, 5111.47, or 5111.48 of the Revised Code, either 59,823
of the following is the case: 59,824
(i) The facility has completed implementation of the plan 59,826
of correction it submitted under section 5111.43 of the Revised 59,827
Code and substantially corrected all deficiencies for which the 59,828
order was issued. 59,829
(ii) The facility has reduced the severity or scope of all 59,831
of the deficiencies to a level at which sections 5111.46 to 59,832
5111.48 of the Revised Code do not authorize the order. 59,833
(b) With respect to an order denying payment issued under 59,835
section 5111.51 of the Revised Code, the facility has eliminated 59,836
the immediate jeopardy. 59,837
(c) With respect to an order denying payment issued under 59,839
division (A) of section 5111.57 of the Revised Code, the facility 59,840
has completed implementation of the plan of correction it 59,841
submitted under section 5111.43 of the Revised Code and 59,842
substantially corrected all deficiencies for which the order was 59,843
issued. 59,844
(d) With respect to an order denying payment issued under 59,846
division (B) of section 5111.57 of the Revised Code, both of the 59,847
following are the case: 59,848
(i) The facility has completed implementation of the plan 59,850
of correction it submitted under section 5111.43 of the Revised 59,851
Code and substantially corrected all deficiencies for which the 59,852
1320
order was issued. 59,853
(ii) The facility is in compliance with certification 59,855
requirements and has provided adequate assurance that it will 59,856
remain in compliance with them. 59,857
(2) Within ten working days after it receives the notice 59,859
under division (E)(1) of this section, the department of health 59,860
shall conduct a follow-up survey that focuses on the cited 59,861
deficiency or deficiencies, unless the department is able to 59,862
determine, on the basis of documentation provided by the 59,863
facility, that the facility has completed the applicable action 59,864
described in divisions (E)(1)(a) to (d) of this section. If the 59,865
department of health makes that determination on the basis of the 59,866
documentation, the department of human JOB AND FAMILY services or 59,867
contracting agency shall terminate the order denying payment as 59,868
of the date the facility completed the applicable action, as 59,869
subsequently verified by the department of health. If the 59,870
department of health conducts a follow-up survey, the department 59,871
of human JOB AND FAMILY services or contracting agency shall
terminate the order denying payment as of the date the department 59,872
of health makes the determination that the facility completed the 59,873
applicable action.
(F) The department of human JOB AND FAMILY services or 59,875
contracting agency shall provide public notice implementing an 59,876
order under section 5111.46, 5111.47, 5111.48, 5111.51, or 59,877
5111.57 of the Revised Code denying payment to a nursing facility 59,878
under the medical assistance program for all medicaid eligible 59,879
residents by publishing in a newspaper of general circulation in 59,880
the county in which the facility is located an announcement 59,881
stating: "By order of the (Ohio Department of Human JOB AND 59,883
FAMILY Services or name of contracting agency), effective on and 59,884
after (effective date of order), (name of facility) is no longer 59,885
authorized to admit Medicaid eligible residents." Immediately 59,886
following termination of any such order, the department or agency 59,887
shall publish in a newspaper of general circulation in the county 59,888
1321
in which the facility is located an announcement stating: "By 59,889
order of the (Ohio Department of Human JOB AND FAMILY Services or 59,891
name of contracting agency), effective on and after (effective 59,892
date of termination), (name of facility) is hereby authorized to 59,893
admit Medicaid eligible residents." Neither the department nor 59,894
the contracting agency shall issue public notice of an order 59,895
under section 5111.46, 5111.47, or 5111.48 of the Revised Code 59,896
denying payment to a nursing facility for medicaid eligible 59,897
residents with specified diagnoses or special care needs; public 59,898
notice is not required for such an order to take effect. 59,899
(G) A facility that complies with division (E) of this 59,901
section shall not be considered to have admitted to the existence 59,902
of the deficiency that constitutes the basis of the department's 59,903
or agency's order. 59,904
Sec. 5111.56. (A) As used in this section, "certified 59,913
beds" means beds certified under Title XVIII or XIX of the 59,914
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as 59,915
amended. 59,916
(B) If the department of human JOB AND FAMILY services or 59,918
a contracting agency imposes a fine on a nursing facility under 59,919
section 5111.46, 5111.47, or 5111.48 of the Revised Code, it may 59,920
impose one or more of the following: 59,921
(1) One hundred sixty per cent of the amount calculated 59,923
under division (C) of this section for any deficiency or cluster 59,924
of deficiencies that constitutes a severity level four and scope 59,925
level four finding; 59,926
(2) One hundred forty per cent of the amount calculated 59,928
under division (C) of this section for any deficiency or cluster 59,929
of deficiencies that constitutes a severity level four and scope 59,930
level three finding; 59,931
(3) One hundred twenty per cent of the amount calculated 59,933
under division (C) of this section for any deficiency or cluster 59,934
of deficiencies that constitutes a severity level four and scope 59,935
level two finding; 59,936
1322
(4) The amount calculated under division (C) of this 59,938
section for any deficiency or cluster of deficiencies that 59,939
constitutes a severity level four and scope level one finding or 59,940
any deficiency or cluster of deficiencies that constitutes a 59,941
severity level three and scope level four finding; 59,942
(5) Ninety per cent of the amount calculated under 59,944
division (C) of this section for any deficiency or cluster of 59,945
deficiencies that constitutes a severity level three and scope 59,946
level three finding; 59,947
(6) Eighty per cent of the amount calculated under 59,949
division (C) of this section for any deficiency or cluster of 59,950
deficiencies that constitutes a severity level three and scope 59,951
level two finding; 59,952
(7) Seventy per cent of the amount calculated under 59,954
division (C) of this section for any deficiency or cluster of 59,955
deficiencies that constitutes a severity level three and scope 59,956
level one finding; 59,957
(8) Fifty per cent of the amount calculated under division 59,959
(C) of this section for any deficiency or cluster of deficiencies 59,960
that constitutes a severity level two and scope level four 59,961
finding; 59,962
(9) Forty per cent of the amount calculated under division 59,964
(C) of this section for any deficiency or cluster of deficiencies 59,965
that constitutes a severity level two and scope level three 59,966
finding. 59,967
(C) The amount subject to division (B) of this section 59,969
shall be the product of multiplying two dollars and fifty cents 59,970
for each day the fine is in effect by the total number of 59,971
licensed nursing home beds or certified beds, whichever is 59,972
greater, in the facility as of the date the deficiency or cluster 59,973
of deficiencies that is the reason for the fine was cited. 59,974
(D)(1) The department of human JOB AND FAMILY services or 59,976
contracting agency shall not impose on a facility, at any one 59,977
time, more than four fines as a result of any one survey. 59,978
1323
(2) The department of human JOB AND FAMILY services or 59,980
contracting agency shall not impose more than one fine based on a 59,981
deficiency or cluster of deficiencies. However, if the 59,982
department of health, in a follow-up or other subsequent survey, 59,983
finds a change in the scope or severity of the deficiency or 59,984
cluster of deficiencies, the department of human JOB AND FAMILY 59,985
services or contracting agency may increase or decrease the fine 59,986
in accordance with division (B) of this section to reflect the 59,987
change in scope or severity. The department or agency shall give 59,988
the facility written notice of the change in the amount of the 59,989
fine. The change shall take effect on the date the follow-up or 59,990
other subsequent survey is completed. 59,991
If the department of health finds that a deficiency is a 59,993
repeat deficiency, the department of human JOB AND FAMILY 59,994
services or contracting agency may impose a fine that is one 59,995
hundred per cent greater than the fine specified in division (B) 59,996
of this section for the deficiency. 59,997
(E) The total amount of fines the department of human JOB 59,999
AND FAMILY services or contracting agency may impose on a
facility in a single calendar year shall not exceed five hundred 60,000
dollars for each licensed nursing home bed or certified bed, 60,001
whichever is greater in number, in the facility. 60,002
(F)(1) Except as provided in division (F)(2) of this 60,004
section, the department of human JOB AND FAMILY services or 60,005
contracting agency shall not impose a fine under section 5111.46, 60,006
5111.47, or 5111.48 of the Revised Code if the deficiency or 60,007
cluster of deficiencies is substantially corrected within twenty 60,008
days after the nursing facility receives the statement provided 60,009
under division (B) of section 5111.49 of the Revised Code. The 60,010
department or agency shall inform the nursing facility in that 60,011
statement that the fine will not be imposed if the deficiency or 60,012
cluster of deficiencies is substantially corrected within the 60,013
twenty-day period. 60,014
(2) If a nursing facility has substantially corrected a 60,016
1324
deficiency or cluster of deficiencies within six months after the 60,017
exit interview of a survey that was the basis for citing a 60,018
deficiency or cluster of deficiencies, but after correcting it 60,019
has been cited for the same deficiency or cluster of deficiencies 60,020
by the department of health on the basis of a subsequent survey 60,021
conducted during the remainder of the six-month period, the 60,022
department of human JOB AND FAMILY services or contracting agency 60,023
may impose a fine beginning on the date of the exit interview of 60,024
the subsequent survey. 60,025
(G) Whenever a facility believes that it has completed 60,027
implementation of the plan of correction it submitted under 60,028
section 5111.43 of the Revised Code and substantially corrected 60,029
the cited deficiency or cluster of deficiencies that is the basis 60,030
for a fine, it may give written notice to that effect to the 60,031
department of health. After receiving the notice, the department 60,032
shall conduct a follow-up survey of the facility that focuses on 60,033
the deficiency or cluster, unless the department is able to 60,034
determine, on the basis of documentation provided by the 60,035
facility, that the facility has substantially corrected the 60,036
deficiency or cluster. If, based on the follow-up survey, the 60,037
department establishes that the facility had not completed 60,038
implementation of the plan of correction at the time the 60,039
department received the notice, any fine based on the deficiency 60,040
or cluster shall be doubled effective from the date the 60,041
department received the notice. A facility that complies with 60,042
this division shall not be considered to have admitted the 60,043
existence of the deficiency or cluster that is the basis for the 60,044
fine. 60,045
(H) Except for a fine imposed under division (C) of 60,047
section 5111.46 of the Revised Code and as provided in division 60,048
(F)(2) of this section, the department of human JOB AND FAMILY 60,049
services or contracting agency shall impose a fine only if the 60,050
facility fails to give notice under division (G) of this section 60,051
within twenty days after it receives the statement required by 60,052
1325
division (B) of section 5111.49 of the Revised Code or if the 60,053
department of health determines, based on a follow-up survey, 60,054
that the deficiency or cluster of deficiencies for which the fine 60,055
is proposed has not been substantially corrected within the 60,056
twenty-day period. The fine shall be imposed effective on the 60,057
twenty-first day after the facility receives the statement under 60,058
division (B) of section 5111.49 of the Revised Code. The fine 60,059
shall remain in effect until the earliest of the following: 60,060
(1) The date the department of health receives notice 60,062
under division (G) of this section, unless the department 60,063
determines, on the basis of a follow-up survey, that the 60,064
deficiency or cluster of deficiencies that is the basis for the 60,065
fine has not been substantially corrected as of that date; 60,066
(2) The date on which the department of health makes a 60,068
determination, on the basis of a follow-up survey, that the 60,069
deficiency or cluster of deficiencies has been substantially 60,070
corrected; 60,071
(3) The date the facility substantially corrected the 60,073
deficiency or cluster, as subsequently determined by the 60,074
department of health on the basis of documentation provided by 60,075
the facility. 60,076
(I) Any fine imposed by the department of human JOB AND 60,078
FAMILY services or contracting agency under this section is 60,079
subject to appeal under Chapter 119. of the Revised Code. If the 60,080
facility does not request a hearing under Chapter 119. of the 60,081
Revised Code and either pays or agrees in writing to pay the fine 60,082
when payment becomes due under division (J) of this section, the 60,083
department or agency shall reduce the fine by fifty per cent. 60,084
The department or agency may compromise any claim for payment of 60,085
a fine under sections 5111.35 to 5111.62 of the Revised Code. 60,086
(J) The department of human JOB AND FAMILY services or 60,088
contracting agency shall collect interest on fines, at the rate 60,089
per calendar month that equals one-twelfth of the rate per year 60,090
prescribed by section 5703.47 of the Revised Code for the 60,091
1326
calendar year that includes the month for which the interest 60,092
charge accrues. Payment of a fine is due, and interest begins to 60,093
accrue on the unpaid fine or balance, on the thirty-first day 60,094
after the department or agency issues a final adjudication order 60,095
imposing the fine. If the deficiency or deficiencies on which 60,096
the fine is based have not been corrected when the final 60,097
adjudication order is issued, the payment is due, and interest 60,098
begins to accrue on the unpaid fine or balance, on the 60,099
thirty-first day after the deficiency or deficiencies are 60,100
corrected and the department or agency mails a notice specifying 60,101
the amount of the fine to the facility. 60,102
(K) The department of human JOB AND FAMILY services or 60,104
contracting agency shall collect fines and interest imposed under 60,105
this section through one of the following means: 60,106
(1) A lump sum payment from the provider; 60,108
(2) Periodic payments for a period not to exceed twelve 60,110
months, in accordance with a schedule approved by the department 60,111
or agency; 60,112
(3) Appropriately reducing the amounts of payments made to 60,114
the facility for care provided to medicaid eligible residents for 60,115
a period not to exceed twelve months following the date on which 60,116
payment of the fine becomes due under division (J) of this 60,117
section. An amount equal to the amount by which each payment is 60,118
reduced shall be deposited to the credit of the residents 60,119
protection fund in accordance with section 5111.62 of the Revised 60,120
Code. 60,121
Sec. 5111.57. (A) The department of human JOB AND FAMILY 60,130
services or a contracting agency shall issue an order denying 60,132
payment to a nursing facility for all medicaid eligible residents 60,133
admitted to the facility on or after the effective date of the 60,134
order, if the facility has failed to substantially correct within 60,135
ninety days after the exit interview a deficiency or cluster of 60,136
deficiencies in accordance with the plan of correction it 60,137
submitted under section 5111.43 of the Revised Code, as 60,138
1327
determined by the department of health on the basis of a 60,139
follow-up survey.
(B) The department of human JOB AND FAMILY services or 60,141
contracting agency shall issue an order denying payment to a 60,142
nursing facility for all medicaid eligible residents admitted to 60,143
the facility on or after the effective date of the order, if 60,144
during three consecutive standard surveys conducted after the 60,145
effective date of this section DECEMBER 13, 1990, the department 60,147
of health has found a condition of substandard care in a 60,148
facility.
(C) An order issued under division (A) or (B) of this 60,150
section shall take effect on the later of the date the facility 60,151
receives the order or the date the public notice required under 60,152
division (F) of section 5111.55 of the Revised Code is published. 60,153
The order is subject to appeal under Chapter 119. of the Revised 60,154
Code; however the order may take effect prior to or during the 60,155
pendency of any hearing under that chapter. In that case, the 60,156
department or agency shall provide the facility an opportunity 60,157
for a hearing in accordance with section 5111.60 of the Revised 60,158
Code. 60,159
Sec. 5111.58. (A) If a nursing facility notifies the 60,168
department of human JOB AND FAMILY services or a contracting 60,169
agency, at any time during the six-month period following the 60,170
exit interview of a survey that was the basis for citing a 60,171
deficiency or deficiencies, that the deficiency or deficiencies 60,172
have been substantially corrected in accordance with the plan of 60,173
correction submitted and approved under section 5111.43 of the 60,174
Revised Code, the department of health shall conduct a follow-up 60,175
survey to determine whether the deficiency or deficiencies have 60,176
been substantially corrected in accordance with the plan. 60,177
(B) The department of human JOB AND FAMILY services or a 60,179
contracting agency shall terminate a nursing facility's 60,180
participation in the medical assistance program whenever the 60,181
facility has not substantially corrected, within six months after 60,182
1328
the exit interview of the survey on the basis of which it was 60,183
cited, a deficiency or deficiencies in accordance with the plan 60,184
of correction submitted under section 5111.43 of the Revised 60,185
Code, as determined by the department of health on the basis of a 60,186
follow-up survey. 60,187
(C) Unless the facility has substantially corrected the 60,189
deficiency or deficiencies in accordance with the plan of 60,190
correction, as determined by the department of health on the 60,191
basis of a follow-up survey, the department of human JOB AND 60,192
FAMILY services or contracting agency shall deliver to the 60,193
facility, at least thirty days prior to the day that is six 60,194
months after the exit interview, a written order terminating the 60,195
facility's participation in the medical assistance program. The 60,196
order shall take effect and the facility's participation shall 60,197
terminate on the day that is six months after the exit interview. 60,198
The order shall not take effect if, after it is delivered to the 60,199
facility and prior to the effective date of the order, the 60,200
department of health determines on the basis of a follow-up 60,201
survey that the facility has corrected the deficiency or 60,202
deficiencies.
An order issued under this section is subject to appeal 60,204
under Chapter 119. of the Revised Code; however, the order may 60,205
take effect prior to or during the pendency of any hearing under 60,206
that chapter. In that case, the department of human JOB AND 60,207
FAMILY services or contracting agency shall provide the facility 60,208
an opportunity for a hearing in accordance with section 5111.60 60,209
of the Revised Code.
(D) Except as provided in division (E) of this section, 60,211
whenever the department of human JOB AND FAMILY services or a 60,212
contracting agency terminates a facility's participation in the 60,213
medical assistance program pursuant to this section, the provider 60,214
shall repay the department the federal share of all payments made 60,215
by the department to the facility under the medical assistance 60,216
program during the six-month period following the exit interview 60,217
1329
of the survey that was the basis for citing the deficiency or 60,218
cluster of deficiencies. The provider shall repay the department 60,219
within thirty days after the department repays to the federal 60,220
government the federal share of payments made to the facility 60,221
during that six-month period. 60,222
(E) A provider is not required to repay the department of 60,224
human JOB AND FAMILY services if either of the following is the
case:
(1) The facility has brought an appeal under Chapter 119. 60,226
of the Revised Code of termination of its participation in the 60,227
medical assistance program, except that the provider shall repay 60,228
the department of human JOB AND FAMILY services within thirty 60,229
days after the facility exhausts its right to appeal under that 60,230
chapter.
(2) The facility complied with the plan of correction 60,232
approved by the department of health and the obligation to repay 60,233
resulted from the department's failure to provide timely 60,234
verification to the United States department of health and human 60,235
services of the facility's compliance with the plan of
correction. 60,236
(F) If a provider's obligation to repay the department of 60,238
human JOB AND FAMILY services under division (D) of this section
results from disallowance of federal financial participation by 60,239
the United States department of health and human services, the 60,240
provider shall not be required to repay the department of human 60,241
JOB AND FAMILY services until the federal disallowance becomes 60,242
final.
(G) Any fines paid under sections 5111.35 to 5111.62 of 60,244
the Revised Code during any period for which the facility is 60,245
required to repay the department of human JOB AND FAMILY services 60,246
under division (D) of this section shall be offset against the 60,247
amount the provider is required to repay the department for that 60,248
period.
(H) Prior to a change of ownership of a facility for which 60,250
1330
a provider has an obligation to repay the department of human JOB 60,251
AND FAMILY services under division (D) of this section that has
not become final, or has become final but not been paid, the 60,252
department may do one or more of the following: 60,253
(1) Require the provider to place money in escrow, or 60,255
obtain a bond, in sufficient amount to indemnify the state 60,256
against the provider's failure to repay the department after the 60,257
change of ownership occurs; 60,258
(2) Place a lien on the facility's real property; 60,260
(3) Use any method to recover the payments that is 60,262
available to the attorney general to recover payments on behalf 60,263
of the department of human JOB AND FAMILY services. 60,264
Sec. 5111.59. The department of human JOB AND FAMILY 60,273
services, the department of health, and any contracting agency 60,274
shall deliver a written notice, statement, or order to a nursing 60,275
facility under sections 5111.35 to 5111.41 and 5111.43 to 5111.62 60,276
of the Revised Code by certified mail or hand delivery. If the 60,277
notice, statement, or order is mailed, it shall be addressed to 60,278
the administrator of the facility as indicated in the 60,279
department's or agency's records. If it is hand delivered, it 60,280
shall be delivered to a person at the facility who would appear 60,281
to the average prudent person to have authority to accept it. 60,282
Delivery of written notice by a nursing facility to the 60,284
department of health, the department of human JOB AND FAMILY 60,285
services, or a contracting agency under sections 5111.35 to 60,286
5111.62 of the Revised Code shall be by certified mail or hand 60,287
delivery to the appropriate department or the agency. 60,288
Sec. 5111.60. (A) Except as provided in division (B) of 60,297
this section, the following remedies are subject to appeal under 60,298
Chapter 119. of the Revised Code: 60,299
(1) An order issued under section 5111.45, 5111.46, 60,301
5111.51, or 5111.58 of the Revised Code terminating a nursing 60,302
facility's participation in the medical assistance program; 60,303
(2) Appointment of a temporary manager of a facility under 60,305
1331
division (A)(1)(b) or (2)(b) of section 5111.46, or division 60,306
(A)(1)(d) of section 5111.51 of the Revised Code; 60,307
(3) An order issued under section 5111.46, 5111.47, 60,309
5111.48, 5111.51, or 5111.57 of the Revised Code denying payment 60,310
to a facility under the medical assistance program for all 60,311
medicaid eligible residents admitted after the effective date of 60,312
the order; 60,313
(4) An order issued under section 5111.46, 5111.47, or 60,315
5111.48 of the Revised Code denying payment to a facility under 60,316
the medical assistance program for medicaid eligible residents 60,317
admitted after the effective date of the order who have certain 60,318
diagnoses or special care needs specified by the department or 60,319
agency; 60,320
(5) A fine imposed under section 5111.46, 5111.47, or 60,322
5111.48 of the Revised Code. 60,323
(B) The department of human JOB AND FAMILY services or 60,325
contracting agency may do any of the following prior to or during 60,326
the pendency of any proceeding under Chapter 119. of the Revised 60,327
Code:
(1) Issue and execute an order under section 5111.46, 60,329
5111.51, or 5111.58 of the Revised Code terminating a nursing 60,330
facility's participation in the medical assistance program; 60,331
(2) Appoint a temporary manager under division (A)(1)(b) 60,333
or (2)(b) of section 5111.46 or division (A)(1)(d) of section 60,334
5111.51 of the Revised Code; 60,335
(3) Issue and execute an order under section 5111.46, 60,337
5111.47, 5111.51, or 5111.57 of the Revised Code denying payment 60,338
to a facility for all medicaid eligible residents admitted after 60,339
the effective date of the order; 60,340
(4) Issue and execute an order under section 5111.46 or 60,342
5111.47 or division (A), (B), or (C) of section 5111.48 of the 60,343
Revised Code denying payment to a facility for medicaid eligible 60,344
residents admitted after the effective date of the order who have 60,345
specified diagnoses or special care needs. 60,346
1332
(C) Whenever the department or agency imposes a remedy 60,348
listed in division (B) of this section prior to or during the 60,349
pendency of a proceeding, all of the following apply: 60,350
(1) The provider against whom the action is taken shall 60,352
have ten days after the date the facility actually receives the 60,353
notice specified in section 119.07 of the Revised Code to request 60,354
a hearing. 60,355
(2) The hearing shall commence within thirty days after 60,357
the date the department or agency receives the provider's request 60,358
for a hearing. 60,359
(3) The hearing shall continue uninterrupted from day to 60,361
day, except for Saturdays, Sundays, and legal holidays, unless 60,362
other interruptions are agreed to by the provider and the 60,363
department or agency. 60,364
(4) If the hearing is conducted by a hearing examiner, he 60,366
THE HEARING EXAMINER shall file his A report and recommendations 60,367
within ten days after the close of the hearing. 60,368
(5) The provider shall have five days after the date the 60,370
hearing officer files his THE report and recommendations within 60,371
which to file objections to the report and recommendations. 60,372
(6) Not later than fifteen days after the date the hearing 60,374
officer files his THE report and recommendations, the director of 60,375
human JOB AND FAMILY services or the director of the contracting
agency shall issue an order approving, modifying, or disapproving 60,376
the report and recommendations of the hearing examiner. 60,377
(D) If the department or agency imposes more than one 60,379
remedy as the result of deficiences DEFICIENCIES cited in a 60,380
single survey, the proceedings for all of the remedies shall be 60,381
consolidated. If any of the remedies are imposed during the 60,382
pendency of a hearing, as permitted by division (B) of this 60,383
section, the consolidated hearing shall be conducted in 60,384
accordance with division (C) of this section. The consolidation 60,385
of the remedies for purposes of a hearing does not affect the 60,386
effective dates prescribed in sections 5111.35 to 5111.58 of the 60,387
1333
Revised Code. 60,388
(E) If a contracting agency conducts administrative 60,390
proceedings pertaining to remedies imposed under sections 5111.35 60,391
to 5111.62 of the Revised Code, the department of human JOB AND 60,392
FAMILY services shall not be considered a party to the 60,393
proceedings.
Sec. 5111.61. (A)(1) Except as required by court order, 60,402
as necessary for the administration or enforcement of any statute 60,403
relating to nursing facilities, or as provided in division (C) of 60,404
this section, the department of human JOB AND FAMILY services and 60,405
any contracting agency shall not release any of the following 60,406
information without the permission of the individual or his THE 60,407
INDIVIDUAL'S legal representative: 60,408
(a) The identity of any resident of a nursing facility; 60,410
(b) The identity of any individual who submits a complaint 60,412
about a nursing facility; 60,413
(c) The identity of any individual who provides the 60,415
department or agency with information about a nursing facility 60,416
and has requested confidentiality; 60,417
(d) Any information that reasonably would tend to disclose 60,419
the identity of any individual described in division (A)(1)(a) to 60,420
(c) of this section. 60,421
(2) An agency or individual to whom the department or 60,423
contracting agency is required, by court order or for the 60,424
administration or enforcement of a statute relating to nursing 60,425
facilities, to release information described in division (A)(1) 60,426
of this section shall not release the information without the 60,427
permission of the individual who would be or would reasonably 60,428
tend to be identified, or of his THE INDIVIDUAL'S legal 60,429
representative, unless the agency or individual is required to 60,430
release it by division (C) of this section, by court order, or 60,431
for the administration or enforcement of a statute relating to 60,432
nursing facilities.
(B) Except as provided in division (C) of this section, 60,434
1334
any record that identifies an individual described in division 60,435
(A)(1) of this section or that reasonably would tend to identify 60,436
such an individual is not a public record for the purposes of 60,437
section 149.43 of the Revised Code, and is not subject to 60,438
inspection and copying under section 1347.08 of the Revised Code. 60,439
(C) If the department or a contracting agency, or an 60,441
agency or individual to whom the department or contracting agency 60,442
was required by court order or for administration or enforcement 60,443
of a statute relating to nursing facilities to release 60,444
information described in division (A)(1) of this section, uses 60,445
information in any administrative or judicial proceeding against 60,446
a facility that reasonably would tend to identify an individual 60,447
described in division (A)(1) of this section, the department, 60,448
agency, or individual shall disclose that information to the 60,449
facility. However, the department, agency, or individual shall 60,450
not disclose information that directly identifies an individual 60,451
described in divisions (A)(1)(a) to (c) of this section, unless 60,452
the individual is to testify in the proceedings. 60,453
(D) No person shall knowingly register a false complaint 60,455
about a nursing facility with the department or a contracting 60,456
agency, or knowingly swear or affirm the truth of a false 60,457
complaint, when the allegation is made for the purpose of 60,458
incriminating another. 60,459
Sec. 5111.62. The proceeds of all fines, including 60,468
interest, collected under sections 5111.35 to 5111.62 of the 60,469
Revised Code shall be deposited in the state treasury to the 60,470
credit of the residents protection fund, which is hereby created. 60,471
Moneys in the fund shall be used solely for the protection of the 60,472
health or property of residents of nursing facilities in which 60,473
the department of health finds deficiencies, including payment 60,474
for the costs of relocation of residents to other facilities, 60,475
maintenance of operation of a facility pending correction of 60,476
deficiencies or closure, and reimbursement of residents for the 60,477
loss of money managed by the facility under section 3721.15 of 60,478
1335
the Revised Code. The fund shall be maintained and administered 60,479
by the department of human JOB AND FAMILY services under rules 60,480
developed by the department in consultation with the departments 60,482
of health and aging and adopted by the department DIRECTOR of 60,483
human JOB AND FAMILY services under Chapter 119. of the Revised 60,485
Code.
Sec. 5111.74. (A) Not later than July 1, 1995, the 60,494
department of human JOB AND FAMILY services shall establish a 60,495
fair share demonstration project in Butler county for two years. 60,496
The demonstration project shall be administered by the Butler 60,497
county health care management board created under division (B) of 60,498
this section. In establishing the project, the department shall 60,499
enter into an agreement with the board, which shall provide that 60,500
medical assistance services be given to designated medical 60,501
assistance recipients who elect or are required by the department 60,502
to receive their services from or through the board or at least 60,503
one other managed care arrangement designated and approved by the 60,504
department.
The demonstration project shall demonstrate the viability 60,506
of delivering health care services to Butler county medical 60,507
assistance recipients through a cooperative health care 60,508
purchasing plan involving the organization of a managed care 60,509
network by physicians practicing medicine in Butler county and 60,510
hospitals located there. The demonstration project shall 60,511
restructure the medical assistance delivery system to improve the 60,512
delivery of cost effective, quality health care with an emphasis 60,513
on primary and preventive care, and shall prevent cost shifting 60,514
to the private sector. The demonstration project shall 60,515
demonstrate all of the following: 60,516
(1) A cost savings through prevention, the use of 60,518
appropriate levels of care, reduced administrative costs, and 60,519
utilization of the demonstration project through primary provider 60,520
reimbursement policies that encourage the delivery of primary and 60,521
preventive care; 60,522
1336
(2) The effectiveness of local collaboration and autonomy 60,524
in managing medical assistance expenditures in Butler county; 60,525
(3) Improved access to quality health care for Butler 60,527
county's medical assistance recipients, while containing health 60,528
care costs. 60,529
The department shall make a grant of two hundred fifty 60,531
thousand dollars to the board on its establishment for operating 60,532
and project expenses. These funds shall be transferred from the 60,533
department's medical assistance account. 60,534
(B)(1) There is hereby created the Butler county health 60,536
care management board to administer the fair share demonstration 60,537
project in that county. The board shall consist of the county 60,538
director of human JOB AND FAMILY services and the following 60,539
members:
(a) One representative of each hospital system located in 60,541
Butler county, selected by the hospital; 60,542
(b) Two physicians who specialize in pediatrics; two 60,544
family practice physicians; a physician who specializes in 60,545
obstetrics; an emergency department physician; a primary care 60,546
physician; a physician who is a medical specialist; a physician 60,547
who is a surgical specialist; a psychiatrist; and one physician 60,548
selected at large. The physicians shall be selected by the 60,549
county medical society or a similar organization of physicians in 60,550
the county. 60,551
(c) A chiropractor selected by an association of 60,553
chiropractors in the county; 60,554
(d) A licensed registered nurse who is an advanced 60,556
practice nurse selected by an organization of nurses in the 60,557
county; 60,558
(e) A dentist selected by an organization of dentists in 60,560
the county; 60,561
(f) An optometrist selected by an organization of 60,563
optometrists in the county; 60,564
(g) A psychologist selected by an organization of 60,566
1337
psychologists in the county; 60,567
(h) A representative of child and family health services 60,569
clinics selected by the child health service consortium of Butler 60,570
county; 60,571
(i) A podiatrist selected by an organization of 60,573
podiatrists in the county. 60,574
(2) All members of the board shall be selected on the 60,576
basis of their experience with the delivery of health care 60,577
services to medical assistance recipients. If more than one 60,578
physician is to be selected from a specialty area, the order of 60,579
preference for determining board membership shall first be those 60,580
physicians that have significant experience in providing health 60,581
care services to medical assistance recipients. 60,582
(3) Each member of the board shall serve for the duration 60,584
of the demonstration project. In the event of a vacancy on the 60,585
board, a member shall be selected in the same manner as the 60,586
member replaced. Members shall not be compensated, but may be 60,588
reimbursed by the board for their actual and necessary expenses. 60,589
A majority of the members constitutes a quorum, and the board may 60,590
take official action only by affirmative vote of a quorum. 60,591
(4) Not later than thirty days after July 1, 1993, the 60,593
representatives of the hospital systems in Butler county shall 60,595
select a temporary chairperson, who shall convene the board not 60,597
later than ninety days after July 1, 1993. Once convened, the 60,598
board shall elect a chairperson by a majority vote from among its 60,599
members, and all further meetings shall be convened by the 60,601
chairperson. The board may elect officers and shall establish 60,603
rules and procedures for its governance and a schedule of 60,604
meetings. The board may establish an executive committee and 60,605
such other subcommittees as it determines necessary to act on 60,606
behalf of the board. The county department shall provide the 60,607
board with any clerical, professional, or technical assistance it 60,608
requests.
(C) The Butler county health care management board shall 60,610
1338
develop and implement a plan for the fair share demonstration 60,611
project. The board shall establish educational and case 60,612
management programs as it determines necessary to facilitate 60,613
access to and encourage appropriate utilization of essential 60,614
preventive medicine and primary care services. The board shall 60,615
have limited immunity from antitrust actions in developing and 60,616
implementing the project. The board shall apply for a 60,617
certificate of authority to establish and operate a health 60,618
insuring corporation under Chapter 1751. of the Revised Code. On 60,621
application of the board, the superintendent of insurance shall 60,622
issue a certificate of authority to the board for a two-year 60,623
period, notwithstanding the fact that the board may not meet the 60,624
requirements of Chapter 1751. of the Revised Code. The 60,625
certificate of authority shall be void if the agreement with the 60,626
department is not executed. The superintendent shall retain 60,627
powers and duties under Chapter 3903. of the Revised Code with 60,628
regard to the Butler county health care management board and the 60,629
demonstration project. 60,630
The board may do any of the following: 60,632
(1) Enter into contracts with any person organized to do 60,634
business in this state on behalf of the board; 60,635
(2) Accept and spend donations, grants, and other funds 60,637
received by the board; 60,638
(3) Employ personnel and professionals that may be needed 60,640
to assess the feasibility and to develop the demonstration 60,641
project; 60,642
(4) Establish provider agreements in Butler county that 60,644
will organize a managed health care delivery system for medical 60,645
assistance recipients and will establish provider reimbursement 60,646
policies to encourage the delivery of primary health care 60,647
services; 60,648
(5) Monitor the quality of health care delivered to 60,650
medical assistance recipients in Butler county; 60,651
(6) Establish provider agreements with physicians and 60,653
1339
other health care practitioners that set forth the terms, 60,654
conditions, and payment procedures for the provision of health 60,655
care services to medical assistance recipients. Any provider 60,656
willing to accept such terms and conditions shall be eligible for 60,657
participation in the project. 60,658
(7) Establish, in cooperation with the county medical 60,660
society, voluntary participation guidelines for the project for 60,661
physicians in Butler county to ensure that they provide health 60,662
care services to their fair share of medical assistance 60,663
recipients in the county. Such guidelines shall be communicated 60,664
to all medical providers providing services in Butler county. 60,665
(8) Require that all medical assistance recipients, other 60,667
than those described in division (A)(2) of section 5111.01 of the 60,668
Revised Code, who elect or are required by the department to 60,669
receive their medical assistance services through the board 60,670
choose a physician who is participating in the demonstration 60,672
project to provide all health care services to the recipient, and 60,673
adopt standards for changing physicians, including disenrollment 60,674
as provided by federal law;
(9) So long as it is consistent with federal law, 60,676
establish a co-pay system for the following: 60,677
(a) Provision of medical services under the demonstration 60,679
project; 60,680
(b) Inappropriate utilization of medical services; 60,682
(c) Over-utilization of medical services; 60,684
(d) Failure of a medical assistance recipient to appear 60,686
for a scheduled medical appointment. 60,687
(10) Enter into agreements with the board of nursing 60,689
authorizing advanced practice nurses, certified nurse 60,691
practitioners, clinical nurse specialists, and certified 60,692
nurse-midwives in Butler county to have prescription powers and 60,694
perform primary care services in collaboration with or under the
supervision of a physician or podiatrist in accordance with 60,696
division (D) of this section; 60,698
1340
(11) Enter into agreements with the state medical board 60,700
authorizing physician assistants in Butler county to have 60,701
prescription powers and perform primary care services under the 60,702
general supervision and authority of a physician in accordance 60,703
with division (D) of this section;
(12) Assign medical assistance recipients, other than 60,705
those described in division (A)(2) of section 5111.01 of the 60,706
Revised Code, who elect or are required by the department to 60,707
receive their medical assistance services through the board, to 60,708
providers who have entered into provider agreements with the 60,710
board.
(D) The Butler county health care management board shall 60,712
pass a resolution by a majority vote establishing the terms and 60,713
conditions under which the scope of practice of advanced practice 60,714
nurses, certified nurse practitioners, clinical nurse 60,715
specialists, certified nurse-midwives, and physician assistants 60,716
in Butler county may be expanded. The expansion of practice for 60,718
advanced practice nurses shall comply with section 4723.56 of the 60,719
Revised Code. The expansion of practice for certified nurse 60,721
practitioners, clinical nurse specialists, and certified
nurse-midwives shall comply with Chapter 4723. of the Revised 60,722
Code. The expansion of practice for physician assistants shall 60,724
comply with sections 4730.06 and 4730.07 of the Revised Code. 60,725
The resolution shall be sent to the board of nursing and the Ohio 60,726
state medical board with a request that the scope of practice of 60,727
the practitioners be amended in accordance with the resolution. 60,728
On receipt of the resolution and request, the board of nursing 60,729
and the Ohio state medical board shall, without amendment, adopt 60,730
rules establishing the terms and conditions for expansion of the 60,731
scope of practice of advanced practice nurses, certified nurse 60,732
practitioners, clinical nurse specialists, certified 60,733
nurse-midwives, and physician assistants in Butler county in 60,735
accordance with the resolution. Such rules shall apply only to 60,736
such practitioners performing their duties in Butler county in 60,737
1341
conjunction with and in accordance with the fair share 60,738
demonstration project.
(E) The department of human JOB AND FAMILY services may 60,740
negotiate and enter into an agreement with the board establishing 60,741
a comprehensive capitated fee for purposes of delivering health 60,742
care services to persons receiving benefits under Chapter 5107. 60,743
and section 5111.013 of the Revised Code, if the department 60,744
obtains a waiver from the secretary of the United States 60,745
department of health and human services of any federal regulation 60,746
that would prohibit or restrict the use of federal funds. The 60,747
department may include those persons described in division (A)(2) 60,748
of section 5111.01 of the Revised Code in the project as it 60,749
considers necessary. The capitated fee shall be based on 60,750
historic and expected utilization of the medical assistance 60,751
program by the Butler county medical assistance population, 60,752
adjusted by the current inflation rate, and shall be sufficient 60,753
to ensure that all Butler county primary care physicians 60,754
participating in the demonstration project are reimbursed for 60,755
office visits at a rate of not less than thirty dollars per 60,756
patient during the first year of the project, and not less than 60,757
thirty-five dollars per patient for the second year of the 60,758
project. Any savings of state funds the department of human JOB 60,759
AND FAMILY services receives as the result of the demonstration
project shall be distributed as follows: 60,760
(1) One-third of the savings to Butler county for 60,762
children's health programs; 60,763
(2) One-third of the savings to the department of human 60,765
JOB AND FAMILY services;
(3) One-third of the savings to providers participating in 60,767
the demonstration project. 60,768
(F) All provider agreements or any contracts entered into 60,770
or negotiated by the board shall be exempt from any contract 60,771
provision contained in a contract between medical providers and 60,772
health insurers or indemnity insurers licensed to do business in 60,773
1342
this state that provides for a lower payment for the services. 60,775
(G) The Butler county health care management board shall, 60,777
at the end of each year of the demonstration project, issue a 60,778
report listing every medical provider practicing in Butler 60,779
county, the degree to which such provider has participated in the 60,780
demonstration project, and the extent to which such provider has 60,781
met the voluntary guidelines adopted by the board under division 60,782
(C)(7) of this section. 60,783
(H) The department of human JOB AND FAMILY services shall 60,785
apply for any federal waiver needed to implement the Butler 60,786
county fair share demonstration project. 60,787
Sec. 5111.81. (A) There is hereby established the 60,796
pharmacy and therapeutics committee of the department of human 60,797
JOB AND FAMILY services. The committee shall consist of eight 60,798
members and shall be appointed by the director of human JOB AND 60,799
FAMILY services. The membership of the committee shall include: 60,800
two pharmacists licensed under Chapter 4729. of the Revised Code; 60,801
two doctors of medicine and two doctors of osteopathy licensed 60,802
under Chapter 4731. of the Revised Code; a registered nurse 60,803
licensed under Chapter 4723. of the Revised Code; and a 60,804
pharmacologist who has a doctoral degree. The committee shall
elect one of its members as chairperson. 60,805
(B) In the absence of fraud or bad faith, neither the 60,807
pharmacy and therapeutics committee nor a current or former 60,808
member, agent, representative, employee, or independent 60,809
contractor of the committee shall be held liable in damages to a 60,810
person as the result of an act, omission, proceeding, conduct, or 60,811
decision relating to the official duties undertaken or performed 60,812
pursuant to this section or rules promulgated pursuant to section 60,813
111.15 or Chapter 119. of the Revised Code. If a current or 60,814
former member, agent, representative, employee, or independent 60,815
contractor of the committee requests the state to defend the 60,816
current or former member, agent, representative, employee, or 60,817
independent contractor against a claim or in an action arising 60,818
1343
out of an act, omission, proceeding, conduct, or decision 60,820
relating to official duties undertaken or performed, if the
request is made in writing at a reasonable time before the trial 60,821
of the claim or in the action, and if the person requesting the 60,822
defense cooperates in good faith in the defense of the claim or 60,823
action, the state shall provide and pay for the defense of the 60,824
claim or action and shall pay any resulting judgment, compromise, 60,825
or settlement. The state shall not pay that part of a claim or
judgment that is for punitive or exemplary damages. 60,826
Sec. 5111.87. The department of human JOB AND FAMILY 60,835
services shall enter into an interagency agreement with the 60,836
department of mental retardation and developmental disabilities 60,837
with regard to the program established by the department of human 60,838
JOB AND FAMILY services under a waiver from the United States 60,839
secretary of health and human services pursuant to section 1915
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 60,840
1396n, as amended, to provide eligible medical assistance 60,841
recipients with home or community-based services as an 60,842
alternative to placement in an intermediate care facility for the 60,843
mentally retarded as defined in section 5111.20 of the Revised 60,844
Code. The agreement shall provide for the department of mental 60,845
retardation and developmental disabilities to administer the 60,846
program in accordance with the terms of the waiver. The 60,847
departments shall adopt rules in accordance with Chapter 119. of 60,848
the Revised Code governing the program. 60,849
Sec. 5111.88. As used in this section, "nursing facility" 60,858
has the same meaning as in section 5111.20 of the Revised Code. 60,859
The department of human JOB AND FAMILY services shall enter 60,861
into an interagency agreement with the department of mental 60,862
retardation and developmental disabilities with regard to the 60,863
program established by the department of human JOB AND FAMILY 60,864
services under a waiver from the United States secretary of 60,865
health and human services pursuant to section 1915 of the "Social 60,866
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1396n, as 60,867
1344
amended, to provide home or community-based services as an 60,868
alternative to nursing facility placement to recipients of 60,869
medical assistance who are mentally retarded or developmentally 60,870
disabled. The agreement shall provide for the department of 60,871
mental retardation and developmental disabilities to administer 60,872
the program in accordance with the terms of the waiver. The 60,873
departments shall adopt rules in accordance with Chapter 119. of 60,874
the Revised Code governing the program. 60,875
Sec. 5112.01. As used in sections 5112.03 to 5112.21 of 60,886
the Revised Code:
(A)(1) "Hospital" means a nonfederal hospital to which 60,888
either of the following applies: 60,889
(a) The hospital is registered under section 3701.07 of 60,891
the Revised Code as a general medical and surgical hospital or a 60,892
pediatric general hospital, and provides inpatient hospital 60,893
services, as defined in 42 C.F.R. 440.10; 60,894
(b) The hospital is recognized under the medicare program 60,896
established by Title XVIII of the "Social Security Act," 49 Stat. 60,898
620 (1935), 42 U.S.C.A. 301, as amended, as a cancer hospital and 60,900
is exempt from the medicare prospective payment system. 60,901
"Hospital" does not include a hospital operated by a health 60,903
insuring corporation that has been issued a certificate of 60,905
authority under section 1751.05 of the Revised Code or a hospital 60,907
that does not charge patients for services. 60,908
(2) "Disproportionate share hospital" means a hospital 60,910
that meets the definition of a disproportionate share hospital in 60,911
rules adopted under section 5112.03 of the Revised Code. 60,912
(B) "Bad debt," "charity care," "courtesy care," and 60,915
"contractual allowances" have the same meanings given these terms
in regulations adopted under Title XVIII of the "Social Security 60,917
Act." 60,918
(C) "Cost reporting period" means the twelve-month period 60,920
used by a hospital in reporting costs for purposes of Title XVIII 60,922
of the "Social Security Act." 60,923
1345
(D) "Governmental hospital" means a county hospital with 60,925
more than five hundred registered beds or a state-owned and 60,927
-operated hospital with more than five hundred registered beds. 60,928
(E) "Indigent care pool" means the sum of the following: 60,930
(1) The total of assessments to be paid in a program year 60,932
by all hospitals under section 5112.06 of the Revised Code, less 60,933
the assessments deposited into the legislative budget services 60,934
fund under section 5112.19 of the Revised Code; 60,936
(2) The total amount of intergovernmental transfers 60,938
required to be made in the same program year by governmental 60,939
hospitals under section 5112.07 of the Revised Code, less the 60,940
amount of transfers deposited into the legislative budget 60,942
services fund under section 5112.19 of the Revised Code; 60,943
(3) The total amount of federal matching funds that will 60,945
be made available in the same program year as a result of funds 60,947
distributed by the department of human JOB AND FAMILY services to 60,949
hospitals under section 5112.08 of the Revised Code. 60,950
(F) "Intergovernmental transfer" means any transfer of 60,952
money by a governmental hospital under section 5112.07 of the 60,953
Revised Code.
(G) "Medical assistance program" means the program of 60,955
medical assistance established under section 5111.01 of the 60,956
Revised Code and Title XIX of the "Social Security Act." 60,957
(H) "Program year" means a period beginning the first day 60,959
of October, or a later date designated in rules adopted under 60,961
section 5112.03 of the Revised Code, and ending the thirtieth day 60,962
of September, or an earlier date designated in rules adopted 60,963
under that section. 60,964
(I) "Registered beds" means the total number of hospital 60,966
beds registered with the department of health, as reported in the 60,967
most recent "directory of registered hospitals" published by the 60,968
department of health. 60,969
(J) "Total facility costs" means the total costs for all 60,971
services rendered to all patients, including the direct, 60,972
1346
indirect, and overhead cost to the hospital of all services, 60,973
supplies, equipment, and capital related to the care of patients, 60,974
regardless of whether patients are enrolled in a health insuring 60,976
corporation, excluding costs associated with providing skilled 60,978
nursing services in distinct-part nursing facility units, as 60,979
shown on the hospital's cost report filed under section 5112.04 60,980
of the Revised Code. Effective October 1, 1993, if rules adopted 60,981
under section 5112.03 of the Revised Code so provide, "total 60,982
facility costs" may exclude costs associated with providing care 60,983
to recipients of any of the governmental programs listed in 60,984
division (B) of that section.
(K) "Uncompensated care" means bad debt and charity care. 60,986
Sec. 5112.03. (A) The director of human JOB AND FAMILY 60,996
services shall adopt, and may amend and rescind, rules in 60,998
accordance with Chapter 119. of the Revised Code for the purpose 60,999
of administering sections 5112.01 to 5112.21 of the Revised Code, 61,000
including rules that do all of the following: 61,001
(1) Define as a "disproportionate share hospital" any 61,003
hospital included under subsection (b) of section 1923 of the 61,005
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 61,006
1396r-4(b), as amended, and any other hospital the director 61,007
determines appropriate;
(2) Prescribe the form for submission of cost reports 61,009
under section 5112.04 of the Revised Code; 61,010
(3) Establish, in accordance with division (A) of section 61,012
5112.06 of the Revised Code, the assessment rate or rates to be 61,015
applied to hospitals under that section;
(4) Establish schedules for hospitals to pay installments 61,017
on their assessments under section 5112.06 of the Revised Code 61,018
and for governmental hospitals to pay installments on their 61,019
intergovernmental transfers under section 5112.07 of the Revised 61,020
Code;
(5) Establish procedures to notify hospitals of 61,022
adjustments made under division (B)(2)(b) of section 5112.06 of 61,024
1347
the Revised Code in the amount of installments on their
assessment; 61,025
(6) Establish procedures to notify hospitals of 61,027
adjustments made under division (D) of section 5112.09 of the 61,028
Revised Code in the total amount of their assessment and to 61,029
adjust for the remainder of the program year the amount of the 61,030
installments on the assessments; 61,031
(7) Establish, in accordance with section 5112.08 of the 61,033
Revised Code, the methodology for paying hospitals under that 61,034
section. 61,035
The director shall consult with hospitals when adopting the 61,037
rules required by divisions (A)(4) and (5) of this section in 61,038
order to minimize hospitals' cash flow difficulties. 61,039
(B) Rules adopted under this section may provide that 61,042
"total facility costs" excludes costs associated with any of the 61,043
following:
(1) Recipients of the medical assistance program; 61,045
(2) Recipients of general assistance medical assistance 61,047
provided under former Chapter 5113. of the Revised Code; 61,049
(3) Recipients of disability assistance medical assistance 61,052
provided under Chapter 5115. of the Revised Code; 61,053
(4)(3) Recipients of the program for medically handicapped 61,055
children established under section 3701.023 of the Revised Code; 61,057
(5)(4) Recipients of the medicare program established 61,059
under Title XVIII of the "Social Security Act," 49 Stat. 620 61,061
(1935), 42 U.S.C.A. 301, as amended; 61,063
(6)(5) Recipients of Title V of the "Social Security Act"; 61,066
(7)(6) Any other category of costs deemed appropriate by 61,068
the director in accordance with Title XIX of the "Social Security 61,071
Act" and the rules adopted under that title. 61,072
Sec. 5112.04. (A) Except as provided in division (C) of 61,081
this section, each hospital, on or before the first day of July 61,082
of each year or at a later date approved by the director of human 61,083
JOB AND FAMILY services, shall submit to the department of human
1348
JOB AND FAMILY services a financial statement for the preceding 61,084
calendar year that accurately reflects the income, expenses, 61,085
assets, liabilities, and net worth of the hospital, and 61,086
accompanying notes. A hospital that has a fiscal year different 61,087
from the calendar year shall file its financial statement within 61,088
one hundred eighty days of the end of its fiscal year or at a 61,089
later date approved by the director of human JOB AND FAMILY 61,090
services. The financial statement shall be prepared by an 61,091
independent certified public accountant and reflect an official 61,092
audit report prepared in a manner consistent with generally 61,093
accepted accounting principles. The financial statement shall, 61,094
to the extent that the hospital has sufficient financial records, 61,095
show bad debt and charity care separately from courtesy care and 61,096
contractual allowances.
(B) Except as provided in division (C) of this section, 61,098
each hospital, within one hundred eighty days after the end of 61,100
the hospital's cost reporting period, shall submit to the
department a cost report in a format prescribed in rules adopted 61,101
by the director of human JOB AND FAMILY services under section 61,102
5112.03 of the Revised Code. The department shall grant a 61,103
hospital an extension of the one hundred eighty day period if the 61,104
health care financing administration of the United States 61,105
department of health and human services extends the date by which
the hospital must submit its cost report for the hospital's cost 61,106
reporting period.
(C) The director of human JOB AND FAMILY services may 61,108
adopt rules under section 5112.03 of the Revised Code specifying 61,109
financial information that must be submitted by hospitals for 61,110
which no financial statement or cost report is available. The 61,111
rules shall specify deadlines for submitting the information. 61,112
Each such hospital shall submit the information specified in the 61,113
rules not later than the deadline specified in the rules. 61,114
Sec. 5112.05. The requirements of sections 5112.06 to 61,124
5112.09 of the Revised Code apply only as long as the United 61,125
1349
States health care financing administration determines that the 61,126
assessment imposed under section 5112.06 of the Revised Code is a 61,127
permissible health care-related tax pursuant to section 1903(w) 61,128
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 61,130
1396b(w), as amended. Whenever the department of human JOB AND 61,131
FAMILY services is informed that the assessment is an 61,132
impermissible health care-related tax, the department shall 61,133
promptly refund to each hospital the amount of money currently in 61,134
the hospital care assurance program fund created by section 61,135
5112.18 of the Revised Code that has been paid by the hospital 61,136
under section 5112.06 or 5112.07 of the Revised Code, plus any 61,137
investment earnings on that amount. 61,138
Sec. 5112.06. (A) For the purpose of distributing funds 61,149
to hospitals under the medical assistance program pursuant to
sections 5112.01 to 5112.21 of the Revised Code, there is hereby 61,150
imposed an assessment on all hospitals. Each hospital's 61,151
assessment shall be based on total facility costs. All hospitals 61,152
shall be assessed according to the rate or rates established each 61,154
program year by the department of human JOB AND FAMILY services 61,155
in rules adopted under section 5112.03 of the Revised Code. The 61,156
department shall assess all hospitals uniformly and in a manner 61,157
consistent with federal statutes and regulations. During any 61,160
program year, the department shall not assess any hospital more 61,162
than two per cent of the hospital's total facility costs. 61,165
The department shall establish an assessment rate or rates 61,167
each program year that will do both of the following: 61,168
(1) Yield funds that, when combined with intergovernmental 61,170
transfers and federal matching funds, will produce a program of 61,171
sufficient size to pay a substantial portion of the indigent care 61,172
provided by hospitals; 61,173
(2) Yield funds that, when combined with intergovernmental 61,175
transfers and federal matching funds, will produce amounts for 61,177
distribution to disproportionate share hospitals that do not 61,178
exceed, in the aggregate, the limits prescribed by the United 61,179
1350
States health care financing administration under subsection (f) 61,182
of section 1923 of the "Social Security Act," 49 Stat. 620 61,185
(1935), 42 U.S.C.A. 1396r-4(f), as amended. 61,187
(B)(1) Except as provided in division (B)(3) of this 61,190
section, each hospital shall pay its assessment in periodic 61,191
installments in accordance with a schedule established by the 61,192
director of human JOB AND FAMILY services in rules adopted under 61,193
section 5112.03 of the Revised Code. 61,195
(2) The installments shall be equal in amount, unless 61,198
either of the following applies:
(a) The department makes adjustments during a program year 61,200
under division (D) of section 5112.09 of the Revised Code in the 61,201
total amount of hospitals' assessments; 61,202
(b) The director of human JOB AND FAMILY services 61,204
determines that adjustments in the amounts of installments are 61,207
necessary for the administration of sections 5112.01 to 5112.21 61,208
of the Revised Code and that unequal installments will not create
cash flow difficulties for hospitals. 61,209
(3) The director may adopt rules under section 5112.03 of 61,212
the Revised Code establishing alternate schedules for hospitals 61,213
to pay assessments under this section in order to reduce 61,214
hospitals' cash flow difficulties.
Sec. 5112.07. (A) The department of human JOB AND FAMILY 61,224
services may require governmental hospitals to make 61,226
intergovernmental transfers each program year. The department 61,227
shall not require transfers in an amount that, when combined with 61,228
hospital assessments paid under section 5112.06 of the Revised 61,229
Code and federal matching funds, produce amounts for distribution 61,231
to disproportionate share hospitals that, in the aggregate, 61,232
exceed limits prescribed by the United States health care 61,233
financing administration under subsection (f) of section 1923 of 61,235
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 61,236
1396r-4(f), as amended.
(B) Before or during each program year, the department 61,239
1351
shall notify each governmental hospital of the amount of the 61,240
intergovernmental transfer it is required to make during the 61,241
program year. Each governmental hospital shall make
intergovernmental transfers as required by the department under 61,242
this section in periodic installments, executed by electronic 61,243
fund transfer, in accordance with a schedule established in rules 61,244
adopted under section 5112.03 of the Revised Code. 61,245
Sec. 5112.08. The director of human JOB AND FAMILY 61,255
services shall adopt rules under section 5112.03 of the Revised 61,257
Code establishing a methodology to pay hospitals that is 61,258
sufficient to expend all money in the indigent care pool. Under 61,259
the rules:
(A) The department of human JOB AND FAMILY services may 61,261
classify similar hospitals into groups and allocate funds for 61,263
distribution within each group. 61,264
(B) The department shall establish a method of allocating 61,266
funds to hospitals, taking into consideration the relative amount 61,268
of indigent care provided by each hospital or group of hospitals. 61,269
The amount to be allocated shall be based on any combination of 61,271
the following indicators of indigent care that the director 61,272
considers appropriate:
(1) Total costs, volume, or proportion of services to 61,274
recipients of the medical assistance program, including 61,275
recipients enrolled in health insuring corporations; 61,277
(2) Total costs, volume, or proportion of services to 61,279
low-income patients in addition to recipients of the medical 61,280
assistance program, which may include recipients of Title V of 61,282
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, 61,284
as amended, general assistance established under former Chapter 61,286
5113. of the Revised Code, and disability assistance established 61,287
under Chapter 5115. of the Revised Code; 61,288
(3) The amount of uncompensated care provided by the 61,290
hospital or group of hospitals; 61,291
(4) Other factors that the director considers to be 61,293
1352
appropriate indicators of indigent care. 61,294
(C) The department shall distribute funds to each hospital 61,297
or group of hospitals in a manner that first may provide for an 61,298
additional distribution to individual hospitals that provide a 61,299
high proportion of indigent care in relation to the total care 61,301
provided by the hospital or in relation to other hospitals. The 61,302
department shall establish a formula to distribute the remainder 61,303
of the funds. The formula shall be consistent with section 1923 61,305
of the "Social Security Act," 42 U.S.C.A. 1396r-4, as amended, 61,308
and shall be based on any combination of the indicators of 61,309
indigent care listed in division (B) of this section that the 61,310
director considers appropriate. 61,311
(D) The department shall distribute funds to each hospital 61,314
in installments not later than ten working days after the 61,315
deadline established in rules for each hospital to pay an 61,316
installment on its assessment under section 5112.06 of the 61,317
Revised Code. In the case of a governmental hospital that makes 61,318
intergovernmental transfers, the department shall pay an 61,319
installment under this section not later than ten working days 61,320
after the earlier of that deadline or the deadline established in 61,321
rules for the governmental hospital to pay an installment on its 61,322
intergovernmental transfer. If the amount in the hospital care 61,323
assurance program fund and the hospital care assurance match fund 61,324
created under section 5112.18 of the Revised Code is insufficient 61,325
to make the total distributions for which hospitals are eligible 61,327
to receive in any period, the department shall reduce the amount 61,328
of each distribution by the percentage by which the amount is 61,330
insufficient. The department shall distribute to hospitals any 61,332
amounts not distributed in the period in which they are due as 61,333
soon as moneys are available in the funds. 61,334
Sec. 5112.09. (A) Before or during each program year, the 61,344
department of human JOB AND FAMILY services shall mail to each 61,346
hospital by certified mail, return receipt requested, the 61,347
preliminary determination of the amount that the hospital is 61,349
1353
assessed under section 5112.06 of the Revised Code during the 61,350
program year. The preliminary determination of a hospital's 61,351
assessment shall be calculated for a cost-reporting period that 61,355
is specified in rules adopted under section 5112.03 of the
Revised Code. 61,356
The department shall consult with hospitals each year when 61,358
determining the date on which it will mail the preliminary 61,359
determinations in order to minimize hospitals' cash flow 61,360
difficulties.
If no hospital submits a request for reconsideration under 61,362
division (B) of this section, the preliminary determination 61,363
constitutes the final reconciliation of each hospital's 61,364
assessment under section 5112.06 of the Revised Code. The final 61,365
reconciliation is subject to adjustments under division (D) of 61,366
this section. 61,367
(B) Not later than fourteen days after the preliminary 61,369
determinations are mailed, any hospital may submit to the 61,372
department a written request to reconsider the preliminary 61,373
determinations. The request shall be accompanied by written 61,374
materials setting forth the basis for the reconsideration. If 61,375
one or more hospitals submit a request, the department shall hold 61,376
a public hearing not later than thirty days after the preliminary 61,377
determinations are mailed to reconsider the preliminary
determinations. The department shall mail to each hospital a 61,378
written notice of the date, time, and place of the hearing at 61,379
least ten days prior to the hearing. On the basis of the 61,380
evidence submitted to the department or presented at the public 61,381
hearing, the department shall reconsider and may adjust the 61,382
preliminary determinations. The result of the reconsideration is 61,383
the final reconciliation of the hospital's assessment under 61,384
section 5112.06 of the Revised Code. The final reconciliation is 61,385
subject to adjustments under division (D) of this section. 61,386
(C) The department shall mail to each hospital a written 61,389
notice of its assessment for the program year under the final 61,390
1354
reconciliation. A hospital may appeal the final reconciliation 61,392
of its assessment to the court of common pleas of Franklin 61,393
county. While a judicial appeal is pending, the hospital shall 61,394
pay, in accordance with the schedules required by division (B) of 61,395
section 5112.06 of the Revised Code, any amount of its assessment 61,396
that is not in dispute into the hospital care assurance program 61,397
fund created in section 5112.18 of the Revised Code.
(D) In the course of any program year, the department may 61,399
adjust the assessment rate or rates established in rules pursuant 61,400
to section 5112.06 of the Revised Code or adjust the amounts of 61,401
intergovernmental transfers required under section 5112.07 of the 61,402
Revised Code and, as a result of the adjustment, adjust each 61,404
hospital's assessment and intergovernmental transfer, to reflect 61,405
refinements made by the United States health care financing 61,406
administration during that program year to the limits it 61,407
prescribed under subsection (f) of section 1923 of the "Social 61,411
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1396r-4(f), as 61,413
amended. When adjusted, the assessment rate or rates must comply 61,416
with division (A) of section 5112.06 of the Revised Code. An 61,418
adjusted intergovernmental transfer must comply with division (A) 61,420
of section 5112.07 of the Revised Code. The department shall
notify hospitals of adjustments made under this division and 61,421
adjust for the remainder of the program year the installments 61,422
paid by hospitals under sections 5112.06 and 5112.07 of the 61,423
Revised Code in accordance with rules adopted under section 61,424
5112.03 of the Revised Code.
Sec. 5112.10. The department of human JOB AND FAMILY 61,432
services shall operate the hospital care assurance program 61,433
established by sections 5112.01 to 5112.21 of the Revised Code on 61,434
a program year basis. The department shall complete all program 61,435
requirements on or before the thirtieth day of September each
year.
Sec. 5112.11. The department of human JOB AND FAMILY 61,443
services shall not use money paid to the department under 61,445
1355
sections 5112.06 and 5112.07 of the Revised Code or money that 61,446
the department pays to hospitals under section 5112.08 of the
Revised Code to replace any funds appropriated by the general 61,447
assembly for the medical assistance program. 61,448
Sec. 5112.17. (A) As used in this section: 61,457
(1) "Federal poverty guideline" means the official poverty 61,459
guideline as revised annually by the United States secretary of 61,460
health and human services in accordance with section 673 of the 61,462
"Community Services Block Grant Act," 95 Stat. 511 (1981), 42
U.S.C.A. 9902, as amended, for a family size equal to the size of 61,463
the family of the person whose income is being determined. 61,464
(2) "Third-party payer" means any private or public entity 61,466
or program that may be liable by law or contract to make payment 61,467
to or on behalf of an individual for health care services. 61,469
"Third-party payer" does not include a hospital.
(B) Each hospital that receives funds distributed under 61,472
sections 5112.01 to 5112.21 of the Revised Code shall provide, 61,473
without charge to the individual, basic, medically necessary 61,474
hospital-level services to individuals who are residents of this 61,475
state, are not recipients of the medical assistance program, and 61,476
whose income is at or below the federal poverty guideline. 61,478
Recipients of disability assistance under Chapter 5115. of the 61,480
Revised Code qualify for services under this section. The 61,481
department DIRECTOR of human JOB AND FAMILY services shall adopt 61,483
rules under section 5112.03 of the Revised Code specifying the 61,484
hospital services to be provided under this section. 61,485
(C) Nothing in this section shall be construed to prevent 61,488
a hospital from requiring an individual to apply for eligibility 61,489
under the medical assistance program before the hospital
processes an application under this section. Hospitals may bill 61,490
any third-party payer for services rendered under this section. 61,493
Hospitals may bill the medical assistance program, in accordance 61,494
with Chapter 5111. of the Revised Code and the rules adopted 61,495
under that chapter, for services rendered under this section if 61,496
1356
the individual becomes a recipient of the program. Hospitals may 61,497
bill individuals for services under this section if all of the 61,498
following apply:
(1) The hospital has an established post-billing procedure 61,500
for determining the individual's income and canceling the charges 61,501
if the individual is found to qualify for services under this 61,502
section. 61,503
(2) The initial bill, and at least the first follow-up 61,505
bill, is accompanied by a written statement that does all of the 61,506
following: 61,507
(a) Explains that individuals with income at or below the 61,509
federal poverty guideline are eligible for services without 61,510
charge; 61,511
(b) Specifies the federal poverty guideline for 61,513
individuals and families of various sizes at the time the bill is 61,514
sent; 61,515
(c) Describes the procedure required by division (C)(1) of 61,517
this section. 61,518
(3) The hospital complies with any additional rules the 61,520
department adopts under section 5112.03 of the Revised Code. 61,521
Notwithstanding division (B) of this section, a hospital 61,523
providing care to an individual under this section is subrogated 61,524
to the rights of any individual to receive compensation or 61,525
benefits from any person or governmental entity for the hospital 61,526
goods and services rendered. 61,527
(D) Each hospital shall collect and report to the 61,529
department, in the form and manner prescribed by the department, 61,530
information on the number and identity of patients served 61,531
pursuant to this section. 61,532
(E) This section applies beginning May 22, 1992, 61,534
regardless of whether the department has adopted rules specifying 61,535
the services to be provided. Nothing in this section alters the 61,536
scope or limits the obligation of any governmental entity or 61,537
program, including the program awarding reparations to victims of 61,538
1357
crime under sections 2743.51 to 2743.72 of the Revised Code and 61,539
the program for medically handicapped children established under 61,541
section 3701.023 of the Revised Code, to pay for hospital 61,542
services in accordance with state or local law. 61,543
Sec. 5112.18. (A) Except as provided in section 5112.19 61,552
of the Revised Code, all payments of assessments by hospitals 61,553
under section 5112.06 of the Revised Code and all 61,554
intergovernmental transfers under section 5112.07 of the Revised 61,555
Code shall be deposited in the state treasury to the credit of 61,556
the hospital care assurance program fund, hereby created. All 61,557
investment earnings of the hospital care assurance program fund 61,558
shall be credited to the fund. The department of human JOB AND 61,559
FAMILY services shall maintain records that show the amount of 61,561
money in the hospital care assurance program fund at any time 61,562
that has been paid by each hospital and the amount of any 61,563
investment earnings on that amount. All moneys credited to the 61,564
hospital care assurance program fund shall be used solely to make 61,565
payments to hospitals under division (D) of this section and 61,566
section 5112.08 of the Revised Code. 61,567
(B) All federal matching funds received as a result of the 61,570
department distributing funds from the hospital care assurance 61,571
program fund to hospitals under section 5112.08 of the Revised 61,572
Code shall be credited to the hospital care assurance match fund, 61,573
which is hereby created in the state treasury. All money 61,574
credited to the hospital care assurance match fund shall be used 61,575
solely for distributing funds to hospitals under section 5112.08 61,577
of the Revised Code. 61,578
(C) All distributions of funds to hospitals under section 61,581
5112.08 of the Revised Code are conditional on: 61,582
(1) Expiration of the time for appeals under section 61,584
5112.09 of the Revised Code without the filing of an appeal, or 61,585
on court determinations, in the event of appeals, that the 61,586
hospital is entitled to the funds; 61,587
(2) The availability of sufficient moneys in the hospital 61,589
1358
care assurance program fund and the hospital care assurance match 61,590
fund to distribute the funds after the final determination of any 61,592
appeals; 61,593
(3) The hospital's compliance with section 5112.17 of the 61,595
Revised Code.
(D) If an audit conducted by the department of the amounts 61,597
of payments made and funds received by hospitals under sections 61,598
5112.06, 5112.07, and 5112.08 of the Revised Code identifies 61,599
amounts that, due to errors by the department, a hospital should 61,600
not have been required to pay but did pay, should have been 61,601
required to pay but did not pay, should not have received but did 61,602
receive, or should have received but did not receive, the 61,603
department shall: 61,604
(1) Make payments to any hospital that the audit reveals 61,606
paid amounts it should not have been required to pay or did not 61,607
receive amounts it should have received; 61,608
(2) Take action to recover from a hospital any amounts 61,610
that the audit reveals it should have been required to pay but 61,611
did not pay or that it should not have received but did receive. 61,612
Payments made under division (D)(1) of this section shall 61,614
be made from the hospital care assurance program fund. Amounts 61,615
recovered under division (D)(2) of this section shall be 61,616
deposited to the credit of that fund. Any hospital may appeal 61,617
the amount the hospital is to be paid under division (D)(1) or 61,618
the amount that is to be recovered from the hospital under 61,619
division (D)(2) of this section to the court of common pleas of 61,620
Franklin county. 61,621
Sec. 5112.19. From the first installment of assessments 61,630
paid under section 5112.06 of the Revised Code and 61,631
intergovernmental transfers made under section 5112.07 of the 61,632
Revised Code during each program year beginning in an 61,633
odd-numbered calendar year, the department of human JOB AND 61,634
FAMILY services shall deposit into the state treasury to the 61,635
credit of the legislative budget services fund, which is hereby 61,637
1359
created, a total amount equal to the amount by which the biennial 61,638
appropriation from that fund exceeds the amount of unexpended, 61,639
unencumbered moneys in that fund. All investment earnings of the 61,640
legislative budget services fund shall be credited to that fund. 61,641
Money in the legislative budget services fund shall be used 61,642
solely to pay the expenses of the legislative budget office of 61,643
the legislative service commission. 61,644
Sec. 5112.21. Except as specifically required by sections 61,653
5112.01 to 5112.19 of the Revised Code, information filed under 61,654
those sections shall not include any patient-identifying 61,656
material. Information that includes patient-identifying material 61,658
is not a public record under section 149.43 of the Revised Code,
and no patient-identifying material shall be released publicly by 61,659
the department of human JOB AND FAMILY services or by any person
under contract with the department who has access to such 61,660
information.
Sec. 5112.31. The department of human JOB AND FAMILY 61,670
services shall:
(A) For the purpose of providing home and community-based 61,672
services for mentally retarded and developmentally disabled 61,673
persons, annually assess each intermediate care facility for the 61,674
mentally retarded a franchise permit fee equal to nine dollars 61,675
and twenty-four cents multiplied by the product of the following: 61,676
(1) The number of beds certified under Title XIX of the 61,678
"Social Security Act" on the first day of May of the calendar 61,679
year in which the assessment is determined pursuant to division 61,680
(A) of section 5112.33 of the Revised Code; 61,681
(2) The number of days in the fiscal year beginning on the 61,683
first day of July of the same calendar year. 61,684
(B) Not later than July 1, 1996, and the first day of each 61,687
July thereafter, adjust fees determined under division (A) of
this section in accordance with the composite inflation factor 61,688
established by the department in rules adopted under section 61,690
5112.39 of the Revised Code.
1360
If the United States secretary of health and human services 61,692
determines that the franchise permit fee established by sections 61,693
5112.30 to 5112.39 of the Revised Code would be an impermissible 61,695
health care-related tax under section 1903(w) of the "Social
Security Act," 42 U.S.C.A. 1396b(w), as amended, the department 61,697
shall take all necessary actions to cease implementation of those 61,698
sections in accordance with rules adopted under section 5112.39 61,699
of the Revised Code.
Sec. 5112.32. For the purpose of the franchise permit fee 61,708
imposed under section 5112.31 of the Revised Code, the department 61,709
of mental retardation and developmental disabilities shall: 61,710
(A) Not later than August 1, 1993, report to the 61,712
department of human JOB AND FAMILY services the number of beds in 61,713
each intermediate care facility for the mentally retarded 61,714
certified on July 1, 1993, under Title XIX of the "Social
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended; 61,715
(B) Not later than June 1, 1994, and the first day of each 61,717
June thereafter, report to the department of human JOB AND FAMILY 61,718
services the number of beds in each such facility certified on 61,719
the preceding first day of May under that title.
Sec. 5112.33. (A) Not later than the fifteenth day of 61,728
August of each year, the department of human JOB AND FAMILY 61,729
services shall determine the annual franchise permit fee for each 61,730
intermediate care facility for the mentally retarded in 61,731
accordance with section 5112.31 of the Revised Code. 61,732
(B) Not later than the first day of September of each 61,734
year, the department shall mail to each intermediate care 61,736
facility for the mentally retarded notice of the amount of the 61,737
franchise permit fee the facility has been assessed under section 61,738
5112.31 of the Revised Code. 61,739
(C) Each intermediate care facility for the mentally 61,741
retarded shall pay its fee under section 5112.31 of the Revised 61,743
Code to the department in quarterly installment payments not 61,744
later than forty-five days after the last day of each September, 61,745
1361
December, March, and June.
Sec. 5112.34. If an intermediate care facility for the 61,754
mentally retarded fails to pay the full amount of an installment 61,756
when due, the department of human JOB AND FAMILY services may
assess a five per cent penalty on the amount due for each month 61,757
or fraction thereof the installment is overdue. 61,758
Sec. 5112.35. (A) An intermediate care facility for the 61,767
mentally retarded may appeal the franchise permit fee imposed 61,768
under section 5112.31 of the Revised Code solely on the grounds 61,769
that the department of human JOB AND FAMILY services committed a 61,770
material error in determining the amount of the fee. A request 61,771
for an appeal must be received by the department not later than 61,772
fifteen days after the date the department mails the notice of 61,773
the fee and must include written materials setting forth the 61,774
basis for the appeal.
(B) If an intermediate care facility for the mentally 61,776
retarded submits a request for an appeal within the time required 61,777
under division (A) of this section, the department shall hold a 61,778
public hearing in Columbus not later than thirty days after the 61,780
date the department receives the request for an appeal. The 61,781
department shall, not later than ten days before the date of the 61,782
hearing, mail a notice of the date, time, and place of the
hearing to the facility. The department may hear all requested 61,783
appeals in one public hearing. 61,784
(C) On the basis of the evidence presented at the hearing 61,786
or any other evidence submitted by the intermediate care facility 61,787
for the mentally retarded, the department may adjust a fee. The 61,789
department's decision is final.
Sec. 5112.37. All installment payments and penalties paid 61,798
by an intermediate care facility for the mentally retarded under 61,799
sections 5112.33 and 5112.34 of the Revised Code shall be 61,800
deposited into the "home and community-based services for the 61,801
mentally retarded and developmentally disabled fund," which is 61,802
hereby created in the state treasury. The department of human
1362
JOB AND FAMILY services shall distribute the money in the fund in 61,803
accordance with rules adopted under section 5112.39 of the 61,804
Revised Code. The departments of human JOB AND FAMILY services 61,805
and mental retardation and developmental disabilities shall use 61,806
the money for the medical assistance program established under 61,807
Chapter 5111. of the Revised Code and home and community-based 61,808
services to mentally retarded and developmentally disabled 61,809
persons.
Sec. 5112.38. The department of human JOB AND FAMILY 61,818
services may make any investigation it considers appropriate to 61,821
obtain information necessary to fulfill its duties under sections 61,823
5112.30 to 5112.39 of the Revised Code. At the request of the 61,824
department, the attorney general shall aid in any such 61,825
investigations. The attorney general shall institute and 61,827
prosecute all necessary actions for the enforcement of sections 61,829
5112.30 to 5112.39 of the Revised Code, except that at the 61,831
request of the attorney general, the county prosecutor of the
county in which an intermediate care facility for the mentally 61,833
retarded that has failed to comply with those sections is located 61,835
shall institute and prosecute any necessary action against the 61,836
facility.
Sec. 5112.39. The department DIRECTOR of human JOB AND 61,846
FAMILY services shall adopt rules in accordance with Chapter 119. 61,848
of the Revised Code to do all of the following:
(A) Establish a composite inflation factor with which to 61,850
adjust franchise permit fees under section 5112.31 of the Revised 61,851
Code;
(B) Prescribe the actions the department will take to 61,853
cease implementation of sections 5112.30 to 5112.39 of the 61,854
Revised Code if the United States secretary of health and human 61,855
services determines that the franchise permit fee imposed under 61,856
section 5112.31 of the Revised Code is an impermissible health
care-related tax under section 1903(w) of the "Social Security 61,857
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1396b(w), as amended; 61,858
1363
(C) Establish the method of distributing the money in the 61,860
home and community-based services for the mentally retarded and 61,861
developmentally disabled fund created by section 5112.37 of the 61,862
Revised Code;
(D) Establish any other requirements or procedures it THE 61,864
DIRECTOR considers necessary to implement sections 5112.30 to 61,866
5112.39 of the Revised Code.
Sec. 5112.99. (A) The director of human JOB AND FAMILY 61,875
services shall impose a penalty of one hundred dollars for each 61,877
day that a hospital fails to report the information required 61,878
under section 5112.04 of the Revised Code on or before the dates 61,879
specified in that section.
(B) In addition to any other remedy available to the 61,881
department of human JOB AND FAMILY services under law to collect
unpaid assessments and transfers, the director shall impose a 61,882
penalty of ten per cent of the amount due, not to exceed twenty 61,883
thousand dollars, on any hospital that fails to pay assessments
or make intergovernmental transfers by the dates required by 61,884
rules adopted under section 5112.03 of the Revised Code. 61,885
(C) The director shall waive the penalties provided for in 61,887
divisions (A) and (B) of this section for good cause shown by the 61,889
hospital.
(D) All penalties imposed under this section shall be 61,891
deposited into the general revenue fund. 61,892
Sec. 5115.01. (A) There is hereby established the 61,901
disability assistance program. Except as provided in division 61,902
(D) of this section, a disability assistance recipient shall 61,904
receive financial assistance. Except as provided in section 61,905
5115.11 of the Revised Code, a disability assistance recipient 61,906
also shall receive disability assistance medical assistance. 61,907
Except as provided by division (B) of this section, a 61,909
person who meets all of the following requirements is eligible 61,910
for disability assistance: 61,911
(1) The person is ineligible to participate in the Ohio 61,913
1364
works first program established under Chapter 5107. of the 61,916
Revised Code and to receive supplemental security income provided 61,918
pursuant to Title XVI of the "Social Security Act," 86 Stat. 1475 61,919
(1972), 42 U.S.C.A. 1383, as amended;
(2) The person is at least one of the following: 61,921
(a) Under age eighteen; 61,923
(b) Age sixty or older; 61,925
(c) Pregnant; 61,927
(d) Unable to do any substantial or gainful activity by 61,929
reason of a medically determinable physical or mental impairment 61,930
that can be expected to result in death or has lasted or can be 61,931
expected to last for not less than nine months;
(e) An active participant in an alcohol or drug addiction 61,934
program certified by the department of alcohol and drug addiction 61,935
services under section 3793.06 of the Revised Code, including a 61,936
former recipient of supplemental security income who lost 61,937
eligibility for that program because of the enactment of 61,938
paragraph (b)(1) of section 105 of the "Contract With America 61,941
Advancement Act of 1996," 110 Stat. 847, 42 U.S.C. 1382c(a)(3). 61,946
A person on a waiting list to participate in an alcohol or drug 61,948
addiction program, or otherwise not participating in a program 61,949
while waiting for treatment services at a program to become 61,950
available, is not an active participant. 61,951
(f) Medication dependent as determined by a physician, as 61,953
defined in section 4730.01 of the Revised Code, who has certified 61,954
to the county department of human JOB AND FAMILY services that 61,955
the person is receiving ongoing treatment for a chronic medical 61,957
condition requiring continuous prescription medication for an
indefinite, long-term period of time and for whom the loss of the 61,958
medication would result in a significant risk of medical 61,959
emergency and loss of employability lasting at least nine months. 61,960
(3) The person meets the eligibility requirements 61,962
established by the department of human services in rules adopted 61,963
under section 5115.05 of the Revised Code. 61,964
1365
(B)(1) A person is ineligible for disability assistance if 61,966
the person is ineligible to participate in the Ohio works first 61,969
program because of any of the following:
(a) Section 5101.83, 5107.14, or 5107.16 of the Revised 61,973
Code;
(b) The person's extended eligibility to participate in 61,976
the Ohio works first program made possible by the earned income 61,977
disregard established under division (D)(2) of section 5107.10 of 61,979
the Revised Code has ceased due to the limited number of months 61,980
the disregard is applied;
(c) The time limit established by section 5107.18 of the 61,983
Revised Code;
(d) Failure to comply with an application or verification 61,986
procedure;
(e) The fraud control program established pursuant to 45 61,989
C.F.R. 235.112, as in effect July 1, 1996. 61,990
(2) A person under age eighteen is ineligible for 61,992
disability assistance pursuant to division (B)(1)(a) of this 61,994
section only if the person caused the assistance group to be 61,995
ineligible to participate in the Ohio works first program or 61,997
resides with a person age eighteen or older who was a member of 61,998
the same ineligible assistance group. A person age eighteen or 61,999
older is ineligible for disability assistance pursuant to 62,000
division (B)(1)(a) of this section regardless of whether the 62,001
person caused the assistance group to be ineligible to 62,002
participate in the Ohio works first program.
(C) The county department of human JOB AND FAMILY services 62,004
that serves the county in which a person receiving disability 62,006
assistance pursuant to division (A)(2)(e) of this section 62,007
participates in an alcohol or drug addiction program shall 62,008
designate a representative payee for purposes of receiving and 62,009
distributing financial assistance provided under the disability 62,010
assistance program to the person. 62,011
(D) A person eligible for disability assistance pursuant 62,013
1366
to division (A)(2)(f) of this section shall not receive financial 62,014
assistance.
(E) The department DIRECTOR OF JOB AND FAMILY SERVICES 62,016
shall adopt rules in accordance with section 111.15 of the 62,018
Revised Code defining terms and establishing standards for 62,019
determining whether a person meets a condition of disability 62,020
assistance eligibility pursuant to this section.
Sec. 5115.011. The department DIRECTOR of human JOB AND 62,030
FAMILY services shall adopt rules in accordance with section 62,032
111.15 of the Revised Code defining "assistance group" and 62,033
"family group" for the purpose of this chapter. The rules may
provide that "assistance group" means a group of applicants for 62,034
or recipients of aid under this chapter treated as a unit for 62,035
purposes of determining eligibility for and the amount of aid 62,036
provided under this chapter. The rules may provide that "family 62,037
group" means the members of an assistance group and persons
related by blood or marriage to a member of the assistance group 62,038
who lives in the same household as the assistance group. 62,039
Sec. 5115.012. Not later than July 1, 1997, and the first 62,049
day of each July thereafter, the department of human JOB AND 62,050
FAMILY services shall provide to the general assembly a report on 62,051
all of the following:
(A) The number of assistance groups denied eligibility for 62,054
disability assistance pursuant to division (B) of section 5115.01 62,055
of the Revised Code during the year the report covers and the 62,056
number of children in those assistance groups; 62,057
(B) The number of children who required services from a 62,060
public children services agency, as defined in section 2151.011 62,061
of the Revised Code, as a result of denial of disability 62,062
assistance pursuant to division (B) of section 5115.01 of the 62,064
Revised Code during the year the report covers; 62,065
(C) The impact the need for the children services had on 62,067
counties.
Sec. 5115.02. (A) The state department of human JOB AND 62,076
1367
FAMILY services shall supervise and administer the disability 62,078
assistance program, except that the state department may require 62,079
county departments of human JOB AND FAMILY services to perform 62,080
any administrative function specified in rules adopted by the 62,082
department DIRECTOR OF JOB AND FAMILY SERVICES, including making 62,084
determinations of financial eligibility and initial 62,085
determinations of whether an applicant meets a condition of 62,086
eligibility under division (A)(2)(d) of section 5115.01 of the 62,088
Revised Code, distributing financial assistance payments, 62,091
reimbursing providers of medical services for services provided 62,092
to disability assistance recipients, and any other function 62,093
specified in the rules. The state department may also require 62,094
county departments to make a final determination of whether an 62,095
applicant meets a condition for eligibility under division
(A)(2)(a), (b), (c), (e), or (f) of section 5115.01 of the 62,096
Revised Code. The state department shall make the final 62,097
determination of whether an applicant meets a condition of 62,098
eligibility under division (A)(2)(d) of section 5115.01 of the 62,099
Revised Code.
(B) If the state department requires county departments to 62,101
perform administrative functions under this section, the state 62,102
department DIRECTOR shall adopt rules in accordance with section 62,104
111.15 of the Revised Code governing the performance of the 62,105
functions to be performed by county departments. County 62,106
departments shall perform the functions in accordance with the 62,107
rules. 62,108
(C) If financial assistance payments or medical services 62,110
reimbursements are made by the county department of human JOB AND 62,111
FAMILY services, the state department shall advance sufficient 62,113
funds to provide the county treasurer with the amount estimated 62,114
for the payments or reimbursements. Financial assistance 62,115
payments shall be distributed in accordance with sections 117.45, 62,116
319.16, and 329.03 of the Revised Code. 62,117
Sec. 5115.03. The state department DIRECTOR of human JOB 62,127
1368
AND FAMILY services shall do both of the following: 62,128
(A) Adopt rules governing the administration of disability 62,131
assistance, including the administration of financial assistance 62,132
and disability assistance medical assistance. The rules shall be 62,134
binding on county departments of human JOB AND FAMILY services. 62,135
(B) Make investigations to determine whether disability 62,137
assistance is being administered in compliance with the Revised 62,138
Code and rules adopted by the state department DIRECTOR. 62,139
Sec. 5115.05. The state department DIRECTOR of human JOB 62,150
AND FAMILY services shall adopt rules establishing application 62,151
and verification procedures, reapplication procedures, and 62,152
income, resource, citizenship, age, residence, living 62,153
arrangement, assistance group composition, and other eligibility 62,154
requirements for disability assistance. The rules may provide 62,155
for disregarding amounts of earned and unearned income for the
purpose of determining whether an assistance group is eligible 62,156
for assistance and the amount of assistance provided under this 62,157
chapter. The rules also may provide that the income and 62,158
resources, or a certain amount of the income and resources, of a 62,159
member of an assistance group's family group will be included in 62,161
determining whether the assistance group is eligible for aid and 62,162
the amount of aid provided under this chapter. 62,163
If financial assistance under this chapter is to be paid by 62,166
the auditor of state through the medium of direct deposit, the 62,167
application shall be accompanied by information the auditor needs 62,168
to make direct deposits. 62,169
The state department OF JOB AND FAMILY SERVICES may require 62,171
recipients of disability assistance to participate in a 62,173
reapplication process two months after initial approval for 62,174
assistance has been determined and at such other times as the 62,175
state department requires.
If a recipient of disability assistance, or the spouse of 62,177
or member of the assistance group of a recipient, becomes 62,178
possessed of resources or income in excess of the amount allowed 62,179
1369
under rules adopted by the state department under this section, 62,180
or if other changes occur that affect the person's eligibility or 62,181
need for assistance, the recipient shall notify the state 62,182
department or county department of human JOB AND FAMILY services 62,183
within the time limits specified in the rules. Failure of a 62,185
recipient to report possession of excess resources or income or a 62,186
change affecting eligibility or need within those time limits 62,187
shall be considered prima-facie evidence of intent to defraud 62,188
under section 5115.15 of the Revised Code. 62,189
Each applicant for or recipient of disability assistance 62,191
shall make reasonable efforts to secure support from persons 62,192
responsible for the applicant's or recipient's support, and from 62,194
other sources, as a means of preventing or reducing the provision 62,195
of disability assistance at public expense. The state department 62,197
or county department may provide assistance to the applicant or 62,198
recipient in securing other forms of financial or medical 62,199
assistance.
Notwithstanding section 3109.01 of the Revised Code, when a 62,201
disability assistance applicant or recipient who is at least 62,202
eighteen but under twenty-two years of age resides with the 62,203
applicant's or recipient's parents, the income of the parents 62,204
shall be taken into account in determining the applicant's or 62,205
recipient's financial eligibility. The state department DIRECTOR 62,207
shall adopt rules for determining the amount of income to be 62,208
attributed to the assistance group of applicants in this age 62,209
category. 62,210
Any person who applies for assistance under this section 62,212
shall receive a voter registration application under section 62,213
3503.10 of the Revised Code. 62,214
Sec. 5115.061. In determining the eligibility of an 62,223
assistance group for assistance under this chapter, the 62,224
department of human JOB AND FAMILY services shall exclude from 62,225
the income and resources applicable to the assistance group the
value of any tuition payment contract entered into under section 62,226
1370
3334.09 of the Revised Code or any scholarship awarded under 62,227
section 3334.18 of the Revised Code and the amount of payments 62,228
made by the Ohio tuition trust authority under section 3334.09 of 62,229
the Revised Code pursuant to the contract or scholarship. The
department shall not require any person to terminate a tuition 62,230
payment contract entered into under Chapter 3334. of the Revised 62,231
Code as a condition of an assistance group's eligibility for 62,232
assistance under this chapter. The department, however, shall 62,233
consider as income any refund paid under section 3334.10 of the 62,234
Revised Code to a member of the assistance group.
Sec. 5115.07. Financial assistance under the disability 62,243
assistance program may be given by warrant, direct deposit, or, 62,244
if provided by the director of human JOB AND FAMILY services 62,245
pursuant to section 5101.33 of the Revised Code, by electronic 62,246
benefit transfer. It shall be inalienable whether by way of 62,247
assignment, charge, or otherwise, and is exempt from attachment, 62,248
garnishment, or other like process. Any direct deposit shall be 62,249
made to a financial institution and account designated by the 62,250
recipient. The state department DIRECTOR of human JOB AND FAMILY 62,251
services may adopt rules for designation of financial 62,253
institutions and accounts. No financial institution shall impose 62,254
any charge for direct deposit of disability assistance financial 62,255
assistance payments that it does not charge all customers for 62,256
similar services.
The state department of human JOB AND FAMILY services shall 62,259
establish financial assistance payment amounts based on state 62,260
appropriations. 62,261
Disability assistance may be given to persons living in 62,263
their own homes or other suitable quarters, but shall not be 62,264
given to persons who reside in a county home, city infirmary, 62,265
jail, or public institution. Disability assistance shall not be 62,266
given to an unemancipated child unless the child lives with his 62,267
THE CHILD'S parents, guardians, or other persons standing in 62,268
place of parents. For the purpose of this section, a child is 62,269
1371
emancipated if he THE CHILD is married, serving in the armed 62,270
forces, or has been emancipated by court order. 62,271
No person shall be eligible for disability assistance if, 62,273
for the purpose of avoiding consideration of property in 62,274
determinations of his THE PERSON'S eligibility for disability 62,275
assistance or a greater amount of assistance, he THE PERSON has 62,277
transferred property during the two years preceding his 62,279
application for or most recent redetermination of eligibility for 62,280
disability assistance.
Sec. 5115.10. (A) The disability assistance medical 62,289
assistance program shall consist of a system of managed primary 62,290
care. Until July 1, 1992, the program shall also include limited 62,291
hospital services, except that if prior to that date hospitals 62,292
are required by section 5112.17 of the Revised Code to provide 62,293
medical services without charge to persons specified in that 62,294
section, the program shall cease to include hospital services at 62,295
the time the requirement of section 5112.17 of the Revised Code 62,296
takes effect. 62,297
The state department of human JOB AND FAMILY services may 62,299
require disability assistance medical assistance recipients to 62,301
enroll in health insuring corporations or other managed care 62,302
programs, or may limit the number or type of health care 62,304
providers from which a recipient may receive services. 62,305
The state department DIRECTOR OF JOB AND FAMILY SERVICES 62,307
shall adopt rules governing the disability assistance medical 62,309
assistance program established under this division. The rules 62,310
shall specify all of the following: 62,311
(1) Services that will be provided under the system of 62,313
managed primary care; 62,314
(2) Hospital services that will be provided during the 62,316
period that hospital services are provided under the program; 62,317
(3) The maximum authorized amount, scope, duration, or 62,319
limit of payment for services. 62,320
(B) The director of human JOB AND FAMILY services shall 62,322
1372
designate medical services providers for the disability 62,323
assistance medical assistance program. The first such 62,324
designation shall be made not later than September 30, 1991. 62,325
Services under the program shall be provided only by providers 62,326
designated by the director. The director may require that, as a 62,327
condition of being designated a disability assistance medical 62,328
assistance provider, a provider enter into a provider agreement 62,329
with the state department.
(C) As long as the disability assistance medical 62,331
assistance program continues to include hospital services, the 62,332
state department or a county director of human JOB AND FAMILY 62,334
services may, pursuant to rules adopted by the state department 62,335
under this section, approve an application for disability 62,336
assistance medical assistance for emergency inpatient hospital 62,337
services when care has been given to a person who had not 62,338
completed a sworn application for disability assistance at the 62,339
time the care was rendered, if all of the following apply: 62,340
(1) The person files an application for disability 62,342
assistance within sixty days after being discharged from the 62,343
hospital or, if the conditions of division (D) of this section 62,344
are met, while in the hospital; 62,345
(2) The person met all eligibility requirements for 62,347
disability assistance at the time the care was rendered; 62,348
(3) The care given to the person was a medical service 62,350
within the scope of disability assistance medical assistance as 62,351
established under rules adopted by the department DIRECTOR of 62,352
human JOB AND FAMILY services. 62,353
(D) If a person files an application for disability 62,355
assistance medical assistance for emergency inpatient hospital 62,356
services while in the hospital, a face-to-face interview shall be 62,357
conducted with the applicant while the applicant is in the 62,358
hospital to determine whether the applicant is eligible for the 62,360
assistance. If the hospital agrees to reimburse the county 62,362
department of human JOB AND FAMILY services for all actual costs 62,363
1373
incurred by the department in conducting the interview, the 62,364
interview shall be conducted by an employee of the county 62,365
department. If, at the request of the hospital, the county 62,366
department designates an employee of the hospital to conduct the 62,367
interview, the interview shall be conducted by the hospital 62,368
employee.
(E) The state department of human JOB AND FAMILY services 62,371
may assume responsibility for peer review of expenditures for 62,372
disability assistance medical assistance. 62,373
Sec. 5115.13. The acceptance of disability assistance 62,382
under this chapter constitutes an assignment to the department of 62,383
human JOB AND FAMILY services of any rights an individual 62,384
receiving disability assistance has to support from any other
person, excluding medical support assigned pursuant to section 62,385
5101.59 of the Revised Code. The rights to support assigned to 62,386
the department pursuant to this section constitute an obligation 62,387
of the person responsible for providing the support to the state 62,388
for the amount of disability assistance payments to the recipient 62,389
or recipients whose needs are included in determining the amount
of disability assistance received. Support payments assigned to 62,390
the state pursuant to this section shall be collected by the 62,391
county department of human JOB AND FAMILY services and 62,392
reimbursements for disability assistance payments shall be 62,393
credited to the state treasury. 62,394
Sec. 5115.15. As used in this section, "erroneous 62,403
payments" means disability assistance payments, including 62,404
disability assistance medical assistance payments, made to 62,405
persons who are not entitled to receive them, including payments 62,406
made as a result of misrepresentation or fraud, and payments made 62,407
due to an error by the recipient or by the county department of 62,408
human JOB AND FAMILY services that made the payment. 62,409
The state department of human JOB AND FAMILY services, or a 62,412
county department of human JOB AND FAMILY services at the request 62,413
of the state department, shall take action to recover erroneous 62,414
1374
payments. The state department or county department may 62,415
institute a civil action to recover erroneous payments. 62,416
Whenever disability assistance has been furnished to a 62,418
recipient for whose support another person is responsible, the 62,419
other person shall, in addition to the liability otherwise 62,420
imposed, as a consequence of failure to support the recipient, be 62,421
liable for all disability assistance furnished the recipient. The 62,423
value of the assistance so furnished may be recovered in a civil 62,424
action brought by the county department of human JOB AND FAMILY 62,425
services.
Each county department of human JOB AND FAMILY services 62,427
shall retain fifty per cent of the erroneous payments it recovers 62,429
under this section. The state department of human JOB AND FAMILY 62,430
services shall receive the remaining fifty per cent. 62,432
Sec. 5115.20. (A) The state department of human JOB AND 62,441
FAMILY services shall establish a disability advocacy program and 62,443
each county department of human JOB AND FAMILY services shall 62,445
establish a disability advocacy program unit or join with other 62,446
county departments of human JOB AND FAMILY services to establish 62,447
a joint county disability advocacy program unit. Through the 62,448
program the state DEPARTMENT and county departments shall 62,449
cooperate in efforts to assist applicants for and recipients of 62,451
assistance under this chapter who might be eligible for 62,453
supplemental security income benefits under Title XVI of the
"Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383, as 62,454
amended, in applying for those benefits. The state department 62,455
and county departments may enter into contracts for services to 62,456
applicants for and recipients of assistance under this chapter 62,457
who might be eligible for supplemental security income benefits 62,459
with persons and governmental entities that in the judgment of 62,460
the state DEPARTMENT or county department have demonstrated 62,462
expertise in representing persons seeking supplemental security 62,463
income benefits. Each contract shall require the person or 62,464
entity with which a department contracts to assess each person 62,465
1375
referred to it by the department to determine whether the person 62,466
appears to be eligible for supplemental security income benefits, 62,467
and, if the person appears to be eligible, assist him THE PERSON 62,468
in applying and represent him THE PERSON in any proceeding of the 62,469
social security administration, including any appeal or 62,470
reconsideration of a denial of benefits. The state DEPARTMENT or 62,471
county department shall provide to the person or entity with 62,472
which it contracts all records in its possession relevant to the 62,473
application for supplemental security income benefits. The state 62,475
department shall require a county department with relevant 62,476
records to submit them to the person or entity.
(B) Each applicant for or recipient of assistance under 62,478
this chapter who, in the judgment of the state department or a 62,479
county department might be eligible for supplemental security 62,480
benefits, must, as a condition of eligibility for assistance, 62,481
apply for such benefits if directed to do so by the state 62,482
department or county department. 62,483
(C) Each county department of human JOB AND FAMILY 62,485
services shall do all of the following: 62,486
(1) Identify applicants for and recipients of assistance 62,488
under this chapter who might be eligible for supplemental 62,489
security income benefits;
(2) Assist applicants for and recipients of assistance 62,491
under this chapter in securing documentation of disabling 62,492
conditions or refer them for such assistance to a person or 62,493
government agency with which the state department or county 62,494
department has contracted under division (A) of this section; 62,495
(3) Inform applicants for and recipients of assistance 62,497
under this chapter of available sources of representation, which 62,498
may include a person or government entity with which the state 62,499
department or county department has contracted under division (A) 62,500
of this section, and of their right to represent themselves in 62,501
reconsiderations and appeals of social security administration 62,502
decisions that deny them supplemental security income benefits. 62,503
1376
The county department may require the applicants and recipients, 62,504
as a condition of eligibility for assistance, to pursue 62,505
reconsiderations and appeals of social security administration 62,506
decisions that deny them supplemental security income benefits, 62,507
and shall assist applicants and recipients as necessary to obtain 62,508
such benefits or refer them to a person or government agency with 62,509
which the state department or county department has contracted 62,510
under division (A) of this section. 62,511
(4) Require applicants for and recipients of assistance 62,513
under this chapter who, in the judgment of the county department, 62,514
are or may be aged, blind, or disabled, to apply for medical 62,515
assistance under Chapter 5111. of the Revised Code, make 62,516
determinations when appropriate as to eligibility for medical 62,517
assistance, and refer their applications when necessary to the 62,518
disability determination unit established in accordance with
division (F) of this section for expedited review; 62,519
(5) Require each applicant for and each recipient of 62,521
assistance under this chapter who in the judgment of the state 62,522
department or the county department might be eligible for 62,525
supplemental security income benefits, as a condition of 62,526
eligibility for assistance under this chapter, to execute a 62,528
written authorization for the secretary of health and human
services to withhold benefits due that individual and pay to the 62,530
director of human JOB AND FAMILY services or the director's 62,531
designee an amount sufficient to reimburse the state and county 62,532
shares of interim assistance furnished to the individual. For 62,533
the purposes of division (C)(5) of this section, "benefits" and 62,534
"interim assistance" have the meanings given in Title XVI of the 62,536
"Social Security Act."
(D) The state department DIRECTOR OF JOB AND FAMILY 62,538
SERVICES shall adopt rules in accordance with Chapter 119. of the 62,540
Revised Code for the effective administration of the disability
advocacy program. The rules shall include all of the following: 62,541
(1) Methods to be used in collecting information from and 62,543
1377
disseminating it to county departments, including the following: 62,544
(a) The number of disabled recipients of assistance under 62,546
this chapter in the county; 62,547
(b) The final decision made either by the social security 62,549
administration or by a court for each application or 62,550
reconsideration in which an individual was assisted pursuant to 62,551
this section. 62,552
(2) The type and process of training to be provided by the 62,554
department of human JOB AND FAMILY services to the employees of 62,555
the county department of human JOB AND FAMILY services who 62,556
perform duties under this section; 62,558
(3) Requirements for the written authorization required by 62,560
division (C)(5) of this section. 62,561
(E) The state department shall provide basic and 62,563
continuing training to employees of the county department of 62,566
human JOB AND FAMILY services who perform duties under this 62,568
section. Training shall include but not be limited to all
processes necessary to obtain federal disability benefits, and 62,569
methods of advocacy. 62,570
(F) The state department shall establish a disability 62,572
determination unit and develop guidelines for expediting reviews 62,573
of applications for medical assistance under Chapter 5111. of the 62,574
Revised Code for persons who have been referred to the unit under 62,575
division (C)(4) of this section. The department shall make 62,576
determinations of eligibility for medical assistance for any such 62,577
person within the time prescribed by federal regulations. 62,578
(G) The state department may, under rules it THE DIRECTOR 62,580
OF JOB AND FAMILY SERVICES adopts in accordance with section 62,582
111.15 of the Revised Code, pay a portion of the federal 62,583
reimbursement described in division (C)(5) of this section to 62,584
persons or agencies that assist or represent assistance 62,585
recipients in reconsiderations and appeals of social security 62,586
administration decisions denying them supplemental security 62,587
income benefits.
1378
Sec. 5119.221. (A) Upon petition by the director of 62,596
mental health, the court of common pleas or the probate court may 62,597
appoint a receiver to take possession of and operate a 62,598
residential facility licensed pursuant to section 5119.22 of the 62,599
Revised Code, when conditions existing at the residential 62,600
facility present a substantial risk of physical or mental harm to 62,601
residents and no other remedies at law are adequate to protect 62,602
the health, safety, and welfare of the residents. 62,603
Petitions filed pursuant to this section shall include: 62,605
(1) A description of the specific conditions existing at 62,607
the residential facility which present a substantial risk of 62,608
physical or mental harm to residents; 62,609
(2) A statement of the absence of other adequate remedies 62,611
at law; 62,612
(3) The number of individuals residing at the facility; 62,614
(4) A statement that the facts have been brought to the 62,616
attention of the owner or licensee and that conditions have not 62,617
been remedied within a reasonable period of time or that the 62,618
conditions, though remedied periodically, habitually exist at the 62,619
residential facility as a pattern or practice; and 62,620
(5) The name and address of the person holding the license 62,622
for the residential facility. 62,623
(B) A court in which a petition is filed pursuant to this 62,625
section shall notify the person holding the license for the 62,626
facility of the filing. The department shall send notice of the 62,627
filing to the following, as appropriate: the legal rights 62,628
service created pursuant to section 5123.60 of the Revised Code; 62,629
facility owner; facility operator; board of alcohol, drug 62,630
addiction, and mental health services; board of health; 62,631
department of mental retardation and developmental disabilities; 62,632
department of human JOB AND FAMILY services; facility residents; 62,633
and residents' families and guardians. The court shall provide a 62,634
hearing on the petition within five court days of the time it was 62,635
filed, except that the court may appoint a receiver prior to that 62,636
1379
time if it determines that the circumstances necessitate such 62,637
action.
Following a hearing on the petition, and upon a 62,639
determination that the appointment of a receiver is warranted, 62,640
the court shall appoint a receiver and notify the department of 62,641
mental health and appropriate persons of this action. 62,642
In setting forth the powers of the receiver, the court may 62,644
generally authorize the receiver to do all that is prudent and 62,645
necessary to safely and efficiently operate the residential 62,646
facility within the requirements of state and federal law, but 62,647
shall require the receiver to obtain court approval prior to 62,648
making any single expenditure of more than five thousand dollars 62,649
to correct deficiencies in the structure or furnishings of a 62,650
facility. The court shall closely review the conduct of the 62,651
receiver and shall require regular and detailed reports. 62,652
(C) A receivership established pursuant to this section 62,654
shall be terminated, following notification of the appropriate 62,655
parties and a hearing, if the court determines either of the 62,656
following: 62,657
(1) The residential facility has been closed and the 62,659
former residents have been relocated to an appropriate facility; 62,660
(2) Circumstances no longer exist at the residential 62,662
facility which present a substantial risk of physical or mental 62,663
harm to residents, and there is no deficiency in the residential 62,664
facility that is likely to create a future risk of harm. 62,665
Notwithstanding division (C)(2) of this section, the court 62,667
shall not terminate a receivership for a residential facility 62,668
that has previously operated under another receivership unless 62,669
the responsibility for the operation of the facility is 62,670
transferred to an operator approved by the court and the 62,671
department of mental health. 62,672
(D) Except for the department of mental health or 62,674
appropriate board of alcohol, drug addiction, and mental health 62,675
services, no party or person interested in an action shall be 62,676
1380
appointed a receiver pursuant to this section. 62,677
To assist the court in identifying persons qualified to be 62,679
named as receivers, the director of the department of mental 62,680
health shall maintain a list of the names of such persons. The 62,681
department of mental health, the department of human JOB AND 62,682
FAMILY services, and the department of health shall provide 62,683
technical assistance to any receiver appointed pursuant to this 62,684
section.
Before a receiver enters ENTERING upon his THE duties OF 62,687
RECEIVER, he THE RECEIVER must be sworn to perform his THE duties 62,688
faithfully, and, with surety approved by the court, judge, or 62,690
clerk, execute a bond to such person, and in such sum as the 62,691
court or judge directs, to the effect that such receiver will 62,692
faithfully discharge the duties of receiver in the action, and 62,693
obey the orders of the court therein.
(1) Under the control of the APPOINTING court which 62,695
appointed him, a receiver may do the following: 62,696
(a) Bring and defend actions in his THE APPOINTEE'S name 62,698
as receiver; 62,699
(b) Take and keep possession of property. 62,701
(2) The court shall authorize the receiver to do the 62,703
following: 62,704
(a) Collect payment for all goods and services provided to 62,706
the residents or others during the period of the receivership at 62,707
the same rate as was charged by the licensee at the time the 62,708
petition for receivership was filed, unless a different rate is 62,709
set by the court; 62,710
(b) Honor all leases, mortgages, and secured transactions 62,712
governing all buildings, goods, and fixtures of which the 62,713
receiver has taken possession, but, in the case of a rental 62,714
agreement only to the extent of payments that are for the use of 62,715
the property during the period of the receivership, or, in the 62,716
case of a purchase agreement, only to the extent that payments 62,717
come due during the period of the receivership; 62,718
1381
(c) If transfer of residents is necessary, provide for the 62,720
orderly transfer of residents by: 62,721
(i) Cooperating with all appropriate state and local 62,723
agencies in carrying out the transfer of residents to alternative 62,724
community placements; 62,725
(ii) Providing for the transportation of residents' 62,727
belongings and records; 62,728
(iii) Helping to locate alternative placements and develop 62,730
plans for transfer; 62,731
(iv) Encouraging residents or guardians to participate in 62,733
transfer planning except when an emergency exists and immediate 62,734
transfer is necessary. 62,735
(d) Make periodic reports on the status of the residential 62,737
facility to the court; the appropriate state agencies; and the 62,738
board of alcohol, drug addiction, and mental health services. 62,739
Each report shall be made available to residents, their 62,740
guardians, and families. 62,741
(e) Compromise demands or claims; and 62,743
(f) Generally do such acts respecting the residential 62,745
facility as the court authorizes. 62,746
Notwithstanding any other provision of law, contracts which 62,748
are necessary to carry out the powers and duties of the receiver 62,749
need not be competitively bid. 62,750
Sec. 5120.37. The department of rehabilitation and 62,759
correction shall enter into an agreement with the department of 62,760
human JOB AND FAMILY services to exchange or share information 62,761
monthly concerning persons under the control or supervision of 62,763
the department of rehabilitation and correction. 62,764
Sec. 5123.01. As used in this chapter: 62,773
(A) "Chief medical officer" means the licensed physician 62,775
appointed by the managing officer of an institution for the 62,776
mentally retarded with the approval of the director of mental 62,777
retardation and developmental disabilities to provide medical 62,778
treatment for residents of the institution. 62,779
1382
(B) "Chief program director" means a person with special 62,781
training and experience in the diagnosis and management of the 62,782
mentally retarded, certified according to division (C) of this 62,783
section in at least one of the designated fields, and appointed 62,784
by the managing officer of an institution for the mentally 62,785
retarded with the approval of the director to provide 62,786
habilitation and care for residents of the institution. 62,787
(C) "Comprehensive evaluation" means a study including a 62,789
sequence of observations and examinations of a person leading to 62,790
conclusions and recommendations formulated jointly, with 62,791
dissenting opinions if any, by a group of persons with special 62,792
training and experience in the diagnosis and management of 62,793
mentally retarded or developmentally disabled persons, which 62,794
group shall include individuals who are professionally qualified 62,795
in the fields of medicine, education, psychology, and social 62,796
work, together with such other specialists as the individual case 62,797
may require. 62,798
(D) "Education" means the process of formal training and 62,800
instruction to facilitate the intellectual and emotional 62,801
development of residents. 62,802
(E) "Habilitation" means the process by which the staff of 62,804
the institution assists the resident in acquiring and maintaining 62,805
those life skills that enable the resident to cope more 62,806
effectively with the demands of the resident's own person and of 62,808
the resident's environment and in raising the level of the 62,810
resident's physical, mental, social, and vocational efficiency. 62,812
Habilitation includes but is not limited to programs of formal, 62,813
structured education and training.
(F) "Health officer" means any public health physician, 62,815
public health nurse, or other person authorized or designated by 62,816
a city or general health district. 62,817
(G) "Indigent person" means a person who is unable, 62,819
without substantial financial hardship, to provide for the 62,820
payment of an attorney and for other necessary expenses of legal 62,821
1383
representation, including expert testimony. 62,822
(H) "Institution" means a public or private facility, or a 62,824
part of a public or private facility, that is licensed by the 62,826
appropriate state department and is equipped to provide 62,827
residential habilitation, care, and treatment for the mentally 62,828
retarded.
(I) "Licensed physician" means a person who holds a valid 62,830
certificate issued under Chapter 4731. of the Revised Code 62,831
authorizing the person to practice medicine and surgery or 62,832
osteopathic medicine and surgery, or a medical officer of the 62,833
government of the United States while in the performance of the 62,834
officer's official duties.
(J) "Managing officer" means a person who is appointed by 62,836
the director of mental retardation and developmental disabilities 62,837
to be in executive control of an institution for the mentally 62,838
retarded under the jurisdiction of the department. 62,839
(K) "Mentally retarded person" means a person having 62,841
significantly subaverage general intellectual functioning 62,842
existing concurrently with deficiencies in adaptive behavior, 62,843
manifested during the developmental period. 62,844
(L) "Mentally retarded person subject to 62,846
institutionalization by court order" means a person eighteen 62,847
years of age or older who is at least moderately mentally 62,848
retarded and in relation to whom, because of the person's 62,849
retardation, either of the following conditions exist: 62,850
(1) The person represents a very substantial risk of 62,852
physical impairment or injury to self as manifested by evidence 62,854
that the person is unable to provide for and is not providing for 62,856
the person's most basic physical needs and that provision for 62,857
those needs is not available in the community; 62,858
(2) The person needs and is susceptible to significant 62,860
habilitation in an institution. 62,861
(M) "A person who is at least moderately mentally 62,863
retarded" means a person who is found, following a comprehensive 62,864
1384
evaluation, to be impaired in adaptive behavior to a moderate 62,865
degree and to be functioning at the moderate level of 62,866
intellectual functioning in accordance with standard measurements 62,867
as recorded in the most current revision of the manual of 62,868
terminology and classification in mental retardation published by 62,869
the American association on mental retardation. 62,870
(N) As used in this division, "substantial functional 62,872
limitation," "developmental delay," and "established risk" have 62,873
the meanings established pursuant to section 5123.011 of the 62,874
Revised Code.
"Developmental disability" means a severe, chronic 62,876
disability that is characterized by all of the following: 62,877
(1) It is attributable to a mental or physical impairment 62,879
or a combination of mental and physical impairments, other than a 62,880
mental or physical impairment solely caused by mental illness as 62,881
defined in division (A) of section 5122.01 of the Revised Code. 62,882
(2) It is manifested before age twenty-two. 62,884
(3) It is likely to continue indefinitely. 62,886
(4) It results in one of the following: 62,888
(a) In the case of a person under three years of age, at 62,890
least one developmental delay or an established risk; 62,892
(b) In the case of a person at least three years of age 62,894
but under six years of age, at least two developmental delays or 62,895
an established risk; 62,896
(c) In the case of a person six years of age or older, a 62,898
substantial functional limitation in at least three of the 62,899
following areas of major life activity, as appropriate for the 62,900
person's age: self-care, receptive and expressive language, 62,901
learning, mobility, self-direction, capacity for independent 62,902
living, and, if the person is at least sixteen years of age, 62,903
capacity for economic self-sufficiency. 62,904
(5) It causes the person to need a combination and 62,906
sequence of special, interdisciplinary, or other type of care, 62,907
treatment, or provision of services for an extended period of 62,908
1385
time that is individually planned and coordinated for the person. 62,909
(O) "Developmentally disabled person" means a person with 62,911
a developmental disability. 62,912
(P) "State institution" means an institution that is 62,914
tax-supported and under the jurisdiction of the department. 62,915
(Q) "Residence" and "legal residence" have the same 62,917
meaning as "legal settlement," which is acquired by residing in 62,918
Ohio for a period of one year without receiving general 62,919
assistance prior to July 17, 1995, under former Chapter 5113. of 62,921
the Revised Code, disability assistance under Chapter 5115. of 62,922
the Revised Code, or assistance from a private agency that 62,923
maintains records of assistance given. A person having a legal 62,924
settlement in the state shall be considered as having legal
settlement in the assistance area in which the person resides. 62,925
No adult person coming into this state and having a spouse or 62,927
minor children residing in another state shall obtain a legal 62,928
settlement in this state as long as the spouse or minor children 62,930
are receiving public assistance, care, or support at the expense
of the other state or its subdivisions. For the purpose of 62,931
determining the legal settlement of a person who is living in a 62,932
public or private institution or in a home subject to licensing 62,933
by the department of human JOB AND FAMILY services, the
department of mental health, or the department of mental 62,934
retardation and developmental disabilities, the residence of the 62,935
person shall be considered as though the person were residing in 62,936
the county in which the person was living prior to the person's 62,937
entrance into the institution or home. Settlement once acquired 62,938
shall continue until a person has been continuously absent from 62,939
Ohio for a period of one year or has acquired a legal residence 62,940
in another state. A woman who marries a man with legal 62,941
settlement in any county immediately acquires the settlement of 62,942
her husband. The legal settlement of a minor is that of the 62,943
parents, surviving parent, sole parent, parent who is designated 62,944
the residential parent and legal custodian by a court, other 62,945
1386
adult having permanent custody awarded by a court, or guardian of 62,946
the person of the minor, provided that:
(1) A minor female who marries shall be considered to have 62,948
the legal settlement of her husband and, in the case of death of 62,949
her husband or divorce, she shall not thereby lose her legal 62,951
settlement obtained by the marriage. 62,952
(2) A minor male who marries, establishes a home, and who 62,954
has resided in this state for one year without receiving general 62,955
assistance prior to July 17, 1995, under former Chapter 5113. of 62,957
the Revised Code, disability assistance under Chapter 5115. of 62,958
the Revised Code, or assistance from a private agency that 62,959
maintains records of assistance given shall be considered to have 62,961
obtained a legal settlement in this state.
(3) The legal settlement of a child under eighteen years 62,964
of age who is in the care or custody of a public or private child 62,965
caring agency shall not change if the legal settlement of the 62,966
parent changes until after the child has been in the home of the 62,967
parent for a period of one year.
No person, adult or minor, may establish a legal settlement 62,969
in this state for the purpose of gaining admission to any state 62,970
institution. 62,971
(R)(1) "Resident" means, subject to division (R)(2) of 62,973
this section, a person who is admitted either voluntarily or 62,975
involuntarily to an institution or other facility pursuant to
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised 62,977
Code subsequent to a finding of not guilty by reason of insanity 62,978
or incompetence to stand trial or under this chapter who is under 62,979
observation or receiving habilitation and care in an institution. 62,980
(2) "Resident" does not include a person admitted to an 62,982
institution or other facility under section 2945.39, 2945.40, 62,983
2945.401, or 2945.402 of the Revised Code to the extent that the 62,984
reference in this chapter to resident, or the context in which 62,986
the reference occurs, is in conflict with any provision of 62,987
sections 2945.37 to 2945.402 of the Revised Code.
1387
(S) "Respondent" means the person whose detention, 62,989
commitment, or continued commitment is being sought in any 62,990
proceeding under this chapter. 62,991
(T) "Working day" and "court day" mean Monday, Tuesday, 62,993
Wednesday, Thursday, and Friday, except when such day is a legal 62,994
holiday. 62,995
(U) "Prosecutor" means the prosecuting attorney, village 62,997
solicitor, city director of law, or similar chief legal officer 62,998
who prosecuted a criminal case in which a person was found not 62,999
guilty by reason of insanity, who would have had the authority to 63,000
prosecute a criminal case against a person if the person had not 63,001
been found incompetent to stand trial, or who prosecuted a case 63,002
in which a person was found guilty. 63,003
(V) "Court" means the probate division of the court of 63,005
common pleas. 63,006
Sec. 5123.181. The director of mental retardation and 63,015
developmental disabilities and the director of human JOB AND 63,016
FAMILY services shall, in concert with each other, eliminate all 63,018
double billings and double payments for services on behalf of 63,019
mentally retarded and developmentally disabled persons in 63,020
intermediate care facilities. The department of mental 63,021
retardation and developmental disabilities may enter into 63,022
contracts with providers of services for the purpose of making 63,023
payments to such providers for services rendered to eligible 63,024
clients who are mentally retarded or developmentally disabled 63,025
persons over and above the services authorized and paid under 63,026
Chapter 5111. of the Revised Code. Payments authorized under 63,027
this section and section 5123.18 of the Revised Code shall not be 63,028
subject to audit findings pursuant to Chapter 5111. of the 63,029
Revised Code unless such audit determines that payment was made 63,030
to the provider for services that were not rendered in accordance 63,031
with the provisions of the provider agreement entered into with 63,032
the department of human JOB AND FAMILY services or the department
of mental retardation and developmental disabilities pursuant to 63,033
1388
this section.
Sec. 5123.191. (A) The court of common pleas or a judge 63,042
thereof in his THE JUDGE'S county, or the probate court, may 63,043
appoint a receiver to take possession of and operate a 63,045
residential facility licensed by the department of mental 63,046
retardation and developmental disabilities, in causes pending in 63,047
such courts respectively, when conditions existing at the 63,048
facility present a substantial risk of physical or mental harm to 63,049
residents and no other remedies at law are adequate to protect 63,050
the health, safety, and welfare of the residents. Conditions at 63,051
the facility that may present such risk of harm include, but are 63,052
not limited to, instances when any of the following occur: 63,053
(1) The residential facility is in violation of state or 63,055
federal law or regulations. 63,056
(2) The facility has had its license revoked or procedures 63,058
for revocation have been initiated, or the facility is closing or 63,059
intends to cease operations. 63,060
(3) Arrangements for relocating residents need to be made. 63,062
(4) Insolvency of the operator, licensee, or landowner 63,064
threatens the operation of the facility. 63,065
(5) The facility or operator has demonstrated a pattern 63,067
and practice of repeated violations of state or federal laws or 63,068
regulations. 63,069
(B) A court in which a petition is filed pursuant to this 63,071
section shall notify the person holding the license for the 63,072
facility and the department of mental retardation and 63,073
developmental disabilities of the filing. The court shall order 63,074
the department to notify the legal rights service, facility 63,075
owner, facility operator, county board of mental retardation and 63,076
developmental disabilities, facility residents, and residents' 63,077
parents and guardians of the filing of the petition. 63,078
The court shall provide a hearing on the petition within 63,080
five court days of the time it was filed, except that the court 63,081
may appoint a receiver prior to that time if it determines that 63,082
1389
the circumstances necessitate such action. Following a hearing 63,083
on the petition, and upon a determination that the appointment of 63,084
a receiver is warranted, the court shall appoint a receiver and 63,085
notify the department of mental retardation and developmental 63,086
disabilities and appropriate persons of this action. 63,087
(C) A residential facility for which a receiver has been 63,089
named is deemed to be in compliance with section 5123.19 and 63,090
Chapter 3721. of the Revised Code for the duration of the 63,091
receivership. 63,092
(D) When the operating revenue of a residential facility 63,094
in receivership is insufficient to meet its operating expenses, 63,095
including the cost of bringing the facility into compliance with 63,096
state or federal laws or regulations, the court may order the 63,097
state to provide necessary funding, except as provided in 63,098
division (K) of this section. The state shall provide such 63,099
funding, subject to the approval of the controlling board. The 63,100
court may also order the appropriate authorities to expedite all 63,101
inspections necessary for the issuance of licenses or the 63,102
certification of a facility, and order a facility to be closed if 63,103
it determines that reasonable efforts cannot bring the facility 63,104
into substantial compliance with the law. 63,105
(E) In establishing a receivership, the court shall set 63,107
forth the powers and duties of the receiver. The court may 63,108
generally authorize the receiver to do all that is prudent and 63,109
necessary to safely and efficiently operate the residential 63,110
facility within the requirements of state and federal law, but 63,111
shall require the receiver to obtain court approval prior to 63,112
making any single expenditure of more than five thousand dollars 63,113
to correct deficiencies in the structure or furnishings of a 63,114
facility. The court shall closely review the conduct of the 63,115
receiver it has appointed and shall require regular and detailed 63,116
reports. The receivership shall be reviewed at least every sixty 63,117
days. 63,118
(F) A receivership established pursuant to this section 63,120
1390
shall be terminated, following notification of the appropriate 63,121
parties and a hearing, if the court determines either of the 63,122
following: 63,123
(1) The residential facility has been closed and the 63,125
former residents have been relocated to an appropriate facility. 63,126
(2) Circumstances no longer exist at the facility that 63,128
present a substantial risk of physical or mental harm to 63,129
residents, and there is no deficiency in the facility that is 63,130
likely to create a future risk of harm. 63,131
Notwithstanding division (F)(2) of this section, the court 63,133
shall not terminate a receivership for a residential facility 63,134
that has previously operated under another receivership unless 63,135
the responsibility for the operation of the facility is 63,136
transferred to an operator approved by the court and the 63,137
department of mental retardation and developmental disabilities. 63,138
(G) The department of mental retardation and developmental 63,140
disabilities may, upon its own initiative or at the request of an 63,141
owner, operator, or resident of a residential facility, or at the 63,142
request of a resident's guardian or relative, a county board of 63,143
mental retardation and developmental disabilities, or the legal 63,144
rights service, petition the court to appoint a receiver to take 63,145
possession of and operate a residential facility. When the 63,146
department has been requested to file a petition by any of the 63,147
parties listed above, it shall, within forty-eight hours of such 63,148
request, either file such a petition or notify the requesting 63,149
party of its decision not to file. If the department refuses to 63,150
file, the requesting party may file a petition with the court 63,151
requesting the appointment of a receiver to take possession of 63,152
and operate a residential facility. 63,153
Petitions filed pursuant to this division shall include the 63,155
following: 63,156
(1) A description of the specific conditions existing at 63,158
the facility which present a substantial risk of physical or 63,159
mental harm to residents; 63,160
1391
(2) A statement of the absence of other adequate remedies 63,162
at law; 63,163
(3) The number of individuals residing at the facility; 63,165
(4) A statement that the facts have been brought to the 63,167
attention of the owner or licensee and that conditions have not 63,168
been remedied within a reasonable period of time or that the 63,169
conditions, though remedied periodically, habitually exist at the 63,170
facility as a pattern or practice; 63,171
(5) The name and address of the person holding the license 63,173
for the facility and the address of the department of mental 63,174
retardation and developmental disabilities. 63,175
The court may award to an operator appropriate costs and 63,177
expenses, including reasonable attorney's fees, if it determines 63,178
that a petitioner has initiated a proceeding in bad faith or 63,179
merely for the purpose of harassing or embarrassing the operator. 63,180
(H) Except for the department of mental retardation and 63,182
developmental disabilities or a county board of mental 63,183
retardation and developmental disabilities, no party or person 63,184
interested in an action shall be appointed a receiver pursuant to 63,185
this section. 63,186
To assist the court in identifying persons qualified to be 63,188
named as receivers, the director of mental retardation and 63,189
developmental disabilities or his THE DIRECTOR'S designee shall 63,190
maintain a list of the names of such persons. The director 63,192
shall, in accordance with Chapter 119. of the Revised Code, 63,193
establish standards for evaluating persons desiring to be 63,194
included on such a list.
(I) Before a receiver enters upon his THE duties OF THAT 63,196
PERSON, he THE RECEIVER must be sworn to perform his THE duties 63,198
OF RECEIVER faithfully, and, with surety approved by the court, 63,200
judge, or clerk, execute a bond to such person, and in such sum 63,201
as the court or judge directs, to the effect that such receiver 63,202
will faithfully discharge the duties of receiver in the action, 63,203
and obey the orders of the court therein.
1392
(J) Under the control of the APPOINTING court which 63,205
appointed him, a receiver may bring and defend actions in his THE 63,207
RECEIVER'S OWN name as receiver and take and keep possession of 63,209
property.
The court shall authorize the receiver to do the following: 63,211
(1) Collect payment for all goods and services provided to 63,213
the residents or others during the period of the receivership at 63,214
the same rate as was charged by the licensee at the time the 63,215
petition for receivership was filed, unless a different rate is 63,216
set by the court; 63,217
(2) Honor all leases, mortgages, and secured transactions 63,219
governing all buildings, goods, and fixtures of which the 63,220
receiver has taken possession and continues to use, subject to 63,221
the following conditions: 63,222
(a) In the case of a rental agreement, only to the extent 63,224
of payments that are for the use of the property during the 63,225
period of the receivership; 63,226
(b) In the case of a purchase agreement only to the extent 63,229
of payments that come due during the period of the receivership; 63,230
(c) If the court determines that the cost of the lease, 63,232
mortgage, or secured transaction was increased by a transaction 63,233
required to be reported under division (B)(3) of section 5123.172 63,234
of the Revised Code, only to the extent determined by the court 63,235
to be the fair market value for use of the property during the 63,236
period of the receivership.
(3) If transfer of residents is necessary, provide for the 63,238
orderly transfer of residents by doing the following: 63,239
(a) Cooperating with all appropriate state and local 63,241
agencies in carrying out the transfer of residents to alternative 63,242
community placements; 63,243
(b) Providing for the transportation of residents' 63,245
belongings and records; 63,246
(c) Helping to locate alternative placements and develop 63,248
discharge plans; 63,249
1393
(d) Preparing residents for the trauma of discharge; 63,251
(e) Permitting residents or guardians to participate in 63,253
transfer or discharge planning except when an emergency exists 63,254
and immediate transfer is necessary. 63,255
(4) Make periodic reports on the status of the residential 63,257
program to the appropriate state agency, county board of mental 63,258
retardation and developmental disabilities, parents, guardians, 63,259
and residents; 63,260
(5) Compromise demands or claims; 63,262
(6) Generally do such acts respecting the residential 63,264
facility as the court authorizes. 63,265
(K) Neither the receiver nor the department of mental 63,267
retardation and developmental disabilities is liable for debts 63,268
incurred by the owner or operator of a residential facility for 63,269
which a receiver has been appointed. 63,270
(L) The department of mental retardation and developmental 63,272
disabilities may contract for the operation of a residential 63,273
facility in receivership. The department shall establish the 63,274
conditions of a contract. A condition may be the same as, 63,275
similar to, or different from a condition established by section
5123.18 of the Revised Code and the rules adopted under that 63,276
section for a contract entered into under that section. 63,277
Notwithstanding any other provision of law, contracts that are 63,279
necessary to carry out the powers and duties of the receiver need 63,280
not be competitively bid.
(M) The department of mental retardation and developmental 63,282
disabilities, the department of human JOB AND FAMILY services, 63,283
and the department of health shall provide technical assistance 63,284
to any receiver appointed pursuant to this section. 63,285
Sec. 5123.604. (A) No one shall take a discriminatory, 63,294
disciplinary, or retaliatory action against any officer or 63,295
employee of a provider, any mentally retarded, developmentally 63,296
disabled, or mentally ill person, the parents or guardian of a 63,297
mentally retarded, developmentally disabled, or mentally ill 63,298
1394
person, or any volunteer or advocate for a mentally retarded, 63,299
developmentally disabled, or mentally ill person, for any 63,300
communication these persons make or information they disclose in 63,301
good faith to the ombudsman OMBUDSPERSON section of the legal 63,302
rights service. 63,303
(B) No person shall knowingly interfere with lawful 63,305
actions of the ombudsman OMBUDSPERSON section, refuse entry to 63,306
its representatives, fail to comply with its lawful demands, or 63,308
offer any compensation, gratuity, or promise thereof in an effort 63,309
to influence the outcome of any matter being considered by the 63,310
section. 63,311
(C) The department of mental retardation and developmental 63,313
disabilities shall immediately notify the ombudsman OMBUDSPERSON 63,314
section of all investigations of major unusual incidents or 63,316
life-threatening situations, as defined in rules adopted by the 63,317
department, involving mentally retarded and developmentally 63,318
disabled persons, and shall furnish copies of all relevant 63,319
reports within forty-eight hours after receipt. The department 63,320
of mental health shall notify the ombudsman OMBUDSPERSON section 63,321
of all major unusual incidents or life-threatening situations, as 63,323
defined in rules adopted by the department, involving mentally 63,324
ill persons within forty-eight hours after receipt of the report 63,325
of the incident or situation. The departments of health and 63,326
human JOB AND FAMILY services shall notify the department of 63,328
mental retardation and developmental disabilities of all 63,329
allegations and investigations of abuse, neglect, or
life-threatening situations involving mentally retarded or 63,330
developmentally disabled persons. Any other state agency with 63,331
information concerning abuse, neglect, or life-threatening 63,332
situations involving mentally retarded or developmentally 63,333
disabled persons shall report that information immediately to the 63,334
department of mental retardation and developmental disabilities. 63,335
Nothing in this section or section 5123.60, 5123.601, or 63,337
5123.602 of the Revised Code shall preclude any department or 63,338
1395
board, its contract agencies, a community residential facility, 63,339
or other governmental entity from carrying out its responsibility 63,340
as prescribed by law. 63,341
Sec. 5126.31. (A) A county board of mental retardation 63,350
and developmental disabilities shall review reports of abuse and 63,351
neglect made under section 5123.61 of the Revised Code and 63,352
reports referred to it under section 5101.611 of the Revised Code 63,353
to determine whether the person who is the subject of the report 63,354
is a mentally retarded or developmentally disabled adult in need 63,355
of services to deal with the abuse or neglect. The board shall 63,356
give notice of each report to the registry office of the 63,357
department of mental retardation and developmental disabilities 63,358
established pursuant to section 5123.61 of the Revised Code on 63,359
the first working day after receipt of the report. If the report 63,360
alleges that there is a substantial risk to the adult of 63,361
immediate physical harm or death, the board shall initiate review 63,362
within twenty-four hours of its receipt of the report. If the 63,363
board determines that the person is sixty years of age or older 63,364
but is not mentally retarded or developmentally disabled, it 63,365
shall refer the case to the county department of human JOB AND 63,366
FAMILY services. If the board determines that the person is a 63,368
mentally retarded or developmentally disabled adult, it shall 63,369
continue its review of the case. 63,370
(B) For each review over which the board retains 63,372
responsibility under division (A) of this section, it shall do 63,373
all of the following: 63,374
(1) Give both written and oral notice of the purpose of 63,376
the review to the adult and, if any, to his THE ADULT'S legal 63,377
counsel or caretaker, in simple and clear language; 63,379
(2) Visit the adult, in his THE ADULT'S residence if 63,381
possible, and explain the notice given under division (B)(1) of 63,383
this section;
(3) Request from the registry office any prior reports 63,385
concerning the adult or other principals in the case; 63,386
1396
(4) Consult, if feasible, with the person who made the 63,388
report under section 5101.61 or 5123.61 of the Revised Code and 63,389
with any agencies or persons who have information about the 63,390
alleged abuse or neglect; 63,391
(5) Cooperate fully with the law enforcement agency 63,393
responsible for investigating the report and for filing any 63,394
resulting criminal charges and, on request, turn over evidence to 63,395
the agency; 63,396
(6) Determine whether the adult needs services, and 63,398
prepare a written report stating reasons for the determination. 63,399
No adult shall be determined to be abused, neglected, or in need 63,400
of services for the sole reason that, in lieu of medical 63,401
treatment, he THE ADULT relies on or is being furnished spiritual 63,403
treatment through prayer alone in accordance with the tenets and 63,404
practices of a church or religious denomination of which he THE 63,405
ADULT is a member or adherent. 63,407
(C) The board shall arrange for the provision of services 63,409
for the prevention, correction or discontinuance of abuse or 63,410
neglect or of a condition resulting from abuse or neglect for any 63,411
adult who has been determined to need the services and consents 63,412
to receive them. These services may include, but are not limited 63,413
to, case management, fiscal management, medical, mental health, 63,414
home health care, homemaker, legal, and residential services and 63,415
the provision of temporary accommodations and necessities such as 63,416
food and clothing. The services do not include acting as a 63,417
guardian, trustee, or protector as defined in section 5123.55 of 63,418
the Revised Code. If the provision of residential services would 63,419
require expenditures by the department of mental retardation and 63,420
developmental disabilities, the board shall obtain the approval 63,421
of the department prior to arranging the residential services. 63,422
To arrange services, the board shall: 63,424
(1) Develop an individual INDIVIDUALIZED service plan 63,426
identifying the types of services required for the adult, the 63,427
goals for the services, and the persons or agencies that will 63,428
1397
provide them; 63,429
(2) In accordance with rules established by the director 63,431
of mental retardation and developmental disabilities, obtain the 63,432
consent of the adult or his THE ADULT'S guardian to the provision 63,434
of any of these services and obtain the signature of the adult or 63,435
guardian on the individual service plan. An adult who has been 63,436
found incompetent under Chapter 2111. of the Revised Code may 63,437
consent to services. If the board is unable to obtain consent, 63,438
it may seek, if the adult is incapacitated, a court order 63,439
pursuant to section 5126.33 of the Revised Code authorizing the 63,440
board to arrange these services. 63,441
(D) The board shall ensure that the adult receives the 63,443
services arranged by the board from the provider and shall have 63,444
the services terminated if the adult withdraws consent. 63,445
(E) On completion of a review, the board shall submit a 63,447
written report to the law enforcement agency responsible for 63,448
investigating the report and to the registry office. Reports 63,449
prepared under this section are not public records as defined in 63,450
section 149.43 of the Revised Code. 63,451
(F) The board shall provide comprehensive formal training 63,453
for employees and other persons authorized to implement the 63,454
requirements of this section. 63,455
Sec. 5139.08. The department of youth services may enter 63,464
into an agreement with the director of rehabilitation and 63,465
correction pursuant to which the department of youth services, in 63,466
accordance with division (C)(2) of section 5139.06 and section 63,468
5120.162 of the Revised Code, may transfer to a correctional
medical center established by the department of rehabilitation 63,469
and correction, children who are within its custody for diagnosis 63,470
or treatment of an illness, physical condition, or other medical 63,471
problem. The department of youth services may enter into any 63,472
other agreements with the director of human JOB AND FAMILY 63,473
services, the director of mental health, the director of mental 63,474
retardation and developmental disabilities, the director of 63,475
1398
rehabilitation and correction, with the courts having probation 63,476
officers or other public officials, and with private agencies or 63,477
institutions for separate care or special treatment of children 63,478
subject to the control of the department of youth services. The 63,479
department of youth services may, upon the request of a juvenile 63,480
court not having a regular probation officer, provide probation 63,481
services for such court. 63,482
Upon request by the department of youth services, any 63,484
public agency or group care facility established or administered 63,485
by the state for the care and treatment of children and youth 63,486
shall, consistent with its functions, accept and care for any 63,487
child whose custody is vested in the department in the same 63,488
manner as it would be required to do if custody had been vested 63,489
by a court in such agency or group care facility. If the 63,490
department has reasonable grounds to believe that any child or 63,491
youth whose custody is vested in it is mentally ill or mentally 63,492
retarded, the department may file an affidavit under section 63,493
5122.11 or 5123.76 of the Revised Code. The department's 63,494
affidavit for admission of a child or youth to such institution 63,495
shall be filed with the probate court of the county from which 63,496
the child was committed to the department. Such court may 63,497
request the probate court of the county in which the child is 63,498
held to conduct the hearing on the application, in which case the 63,499
court making such request shall bear the expenses of the 63,500
proceeding. If the department files such an affidavit, the child 63,501
or youth may be kept in such institution until a final decision 63,502
on the affidavit is made by the appropriate court. 63,503
Sec. 5139.34. (A) Funds may be appropriated to the 63,513
department of youth services for the purpose of granting state 63,514
subsidies to counties. A county or the juvenile court that 63,515
serves a county shall use state subsidies granted to the county 63,516
pursuant to this section only in accordance with divisions 63,517
(C)(2)(a) and (3)(a) of section 5139.43 of the Revised Code and 63,520
the rules pertaining to the state subsidy funds that the 63,521
1399
department adopts pursuant to division (E) of section 5139.04 of 63,522
the Revised Code. The department shall not grant financial 63,523
assistance pursuant to this section for the provision of care and 63,524
services for children in a foster care facility unless the 63,526
facility has been certified, licensed, or approved by a state 63,527
agency with certification, licensure, or approval authority, 63,528
including, but not limited to, the department of human JOB AND
FAMILY services, department of education, department of mental
health, or department of mental retardation and developmental 63,529
disabilities. For the purposes of this section, foster care 63,530
facilities do not include a state institution or a county or 63,531
district children's home. 63,532
The department also shall not grant financial assistance 63,534
pursuant to this section for the provision of care and services 63,535
for children, including, but not limited to, care and services in 63,537
a detention facility, in another facility, or in out-of-home
placement, unless the minimum standards applicable to the care 63,538
and services that the department prescribes in rules adopted 63,539
pursuant to division (E) of section 5139.04 of the Revised Code 63,541
have been satisfied.
(B) The department of youth services shall apply the 63,543
following formula to determine the amount of the annual grant 63,544
that each county is to receive pursuant to division (A) of this 63,546
section, subject to the appropriation for this purpose to the
department made by the general assembly: 63,547
(1) Each county shall receive a basic annual grant of 63,549
fifty thousand dollars. 63,550
(2) The sum of the basic annual grants provided under 63,552
division (B)(1) of this section shall be subtracted from the 63,553
total amount of funds appropriated to the department of youth 63,554
services for the purpose of making grants pursuant to division 63,555
(A) of this section to determine the remaining portion of the 63,557
funds appropriated. The remaining portion of the funds 63,558
appropriated shall be distributed on a per capita basis to each 63,559
1400
county that has a population of more than twenty-five thousand 63,560
for that portion of the population of the county that exceeds 63,561
twenty-five thousand. 63,562
(C)(1) Prior to a county's receipt of an annual grant 63,564
pursuant to this section, the juvenile court that serves the 63,565
county shall prepare, submit, and file in accordance with 63,566
division (C)(3)(a) of section 5139.43 of the Revised Code an 63,567
annual grant agreement and application for funding that is for 63,568
the combined purposes of, and that satisfies the requirements of, 63,569
this section and section 5139.43 of the Revised Code. In 63,570
addition to the subject matters described in division (C)(3)(a) 63,571
of section 5139.43 of the Revised Code or in the rules that the 63,573
department adopts to implement that division, the annual grant
agreement and application for funding shall address fiscal 63,574
accountability and performance matters pertaining to the 63,575
programs, care, and services that are specified in the agreement 63,576
and application and for which state subsidy funds granted 63,577
pursuant to this section will be used. 63,578
(2) The county treasurer of each county that receives an 63,581
annual grant pursuant to this section shall deposit the state
subsidy funds so received into the county's felony delinquent 63,582
care and custody fund created pursuant to division (C)(1) of 63,584
section 5139.43 of the Revised Code. Subject to exceptions 63,585
prescribed in section 5139.43 of the Revised Code that may apply 63,586
to the disbursement, the department shall disburse the state 63,587
subsidy funds to which each county is entitled as follows: 63,589
(a) Except as provided in division (C)(2)(b) of this 63,592
section, the department shall disburse the state subsidy funds to 63,593
which a county is entitled in a lump sum payment that shall be 63,594
made in July of each calendar year. 63,595
(b) In the case of state subsidy funds to which a county 63,597
is entitled for fiscal year 1998, the department shall disburse 63,598
the state subsidy funds to the county in two distinct payments in 63,600
accordance with this division. The department shall disburse
1401
seventy-five per cent of those state subsidy funds to the county 63,601
in July 1997. After the department reviews and reconciles the 63,603
applicable reports that the juvenile court of the county is 63,604
required to prepare and submit to the department pursuant to 63,605
section 5139.43 of the Revised Code, the department shall 63,606
disburse to the county in October 1997, the remainder of the 63,607
state subsidy funds to which the county is entitled. 63,608
(3) Upon an order of the juvenile court that serves a 63,610
county and subject to appropriation by the board of county 63,611
commissioners of that county, a county treasurer shall disburse 63,612
from the county's felony delinquent care and custody fund the 63,613
state subsidy funds granted to the county pursuant to this 63,614
section for use only in accordance with this section, the 63,615
applicable provisions of section 5139.43 of the Revised Code, and 63,616
the county's approved annual grant agreement and application for 63,617
funding.
(4) The moneys in a county's felony delinquent care and 63,620
custody fund that represent state subsidy funds granted pursuant 63,621
to this section are subject to appropriation by the board of 63,623
county commissioners of the county; shall be disbursed by the 63,624
county treasurer as required by division (C)(3) of this section; 63,625
shall be used in the manners referred to in division (C)(3) of 63,626
this section; shall not revert to the county general fund at the 63,628
end of any fiscal year; shall carry over in the felony delinquent 63,629
care and custody fund from the end of any fiscal year to the next 63,630
fiscal year; shall be in addition to, and shall not be used to 63,631
reduce, any usual annual increase in county funding that the 63,632
juvenile court is eligible to receive or the current level of 63,633
county funding of the juvenile court and of any programs, care, 63,634
or services for alleged or adjudicated delinquent children, 63,635
unruly children, or juvenile traffic offenders or for children 63,636
who are at risk of becoming delinquent children, unruly children, 63,637
or juvenile traffic offenders; and shall not be used to pay for 63,638
the care and custody of felony deliquents who are in the care and 63,639
1402
custody of an institution pursuant to a commitment, recommitment, 63,640
or revocation of a release on parole by the juvenile court of 63,641
that county or who are in the care and custody of a community 63,642
corrections facility pursuant to a placement by the department 63,643
with the consent of the juvenile court as described in division 63,644
(E) of section 5139.36 of the Revised Code. 63,645
(5) As a condition of the continued receipt of state 63,647
subsidy funds pursuant to this section, each county and the 63,648
juvenile court that serves each county that receives an annual 63,649
grant pursuant to this section shall comply with divisions 63,650
(C)(3)(b), (c), and (d) of section 5139.43 of the Revised Code. 63,652
Sec. 5139.39. The department of youth services, in the 63,661
manner provided in this chapter and Chapter 2151. of the Revised 63,663
Code, may transfer to a foster care facility certified by the 63,665
department of human JOB AND FAMILY services under section 5103.03 63,666
of the Revised Code, any child committed to it and, in the event 63,667
of a transfer of that nature, unless otherwise mutually agreed, 63,669
the department of youth services shall bear the cost of care and 63,671
services provided for the child in the foster care facility. A 63,673
juvenile court may transfer to any foster facility certified by 63,675
the department of human JOB AND FAMILY services any child between
twelve and eighteen years of age, other than a psychotic or 63,677
mentally retarded child, who has been designated a delinquent 63,678
child and placed on probation by order of the juvenile court as a 63,679
result of having violated any law of this state or the United
States or any ordinance of a political subdivision of this state. 63,680
Sec. 5153.01. (A) As used in the Revised Code, "public 63,689
children services agency" means an entity specified in section 63,690
5153.02 of the Revised Code that has assumed the powers and 63,692
duties of the children services function prescribed by this 63,693
chapter for a county.
(B) As used in this chapter: 63,695
(1) "Babysitting care" means care provided for a child 63,697
while the parents, guardian, or legal custodian of the child are 63,698
1403
temporarily away. 63,699
(2) "Certified family foster home" means a family foster 63,701
home operated by a person holding a certificate issued pursuant 63,702
to section 5103.03 of the Revised Code that is in full force and 63,704
effect.
(3) "Certified organization" means any organization 63,706
holding a certificate issued pursuant to section 5103.03 of the 63,707
Revised Code that is in full force and effect. 63,708
(4) "Child" means any person under eighteen years of age 63,710
or a mentally or physically handicapped person, as defined by 63,711
rule of ADOPTED BY the department DIRECTOR of human JOB AND 63,713
FAMILY services, under twenty-one years of age. 63,714
(5) "Executive director" means the person charged with the 63,716
responsibility of administering the powers and duties of a public 63,717
children services agency appointed pursuant to section 5153.10 of 63,719
the Revised Code.
(6) "Family foster home" means a private residence in 63,721
which children are received apart from their parents, guardian, 63,722
or legal custodian by an individual for hire, gain, or reward for 63,723
nonsecure care, supervision, or training twenty-four hours a day. 63,724
"Family foster home" does not include babysitting care provided 63,725
for a child in the home of a person other than the home of the 63,726
parents, guardian, or legal custodian of the child. 63,727
(7) "Foster home" means a family home in which any child 63,729
is received, apart from the child's parents, for care, 63,730
supervision, or training. 63,731
(8) "Organization" means any public, semipublic, or 63,733
private institution, including maternity homes and day nurseries, 63,734
and any private association, society, or agency, located or 63,735
operating in this state, incorporated or unincorporated, having 63,736
among its functions the furnishing of protective services or care 63,738
for children or the placement of children in foster homes or 63,739
elsewhere.
Sec. 5153.02. Each county shall have a public children 63,748
1404
services agency. Any of the following may be the public children 63,749
services agency: 63,750
(A) A county children services board; 63,752
(B) A county department of human JOB AND FAMILY services; 63,754
(C) A private or government entity designated under 63,756
section 307.981 of the Revised Code. 63,757
Sec. 5153.10. Each public children services agency shall 63,766
designate an executive officer known as the "executive director," 63,768
who shall not be in the classified civil service. The 63,769
superintendent of the children's home, the county director of 63,770
human JOB AND FAMILY services, or other individual may serve as 63,771
the executive director.
The agency shall, from time to time, inquire into community 63,774
conditions affecting the welfare of children and study the work 63,775
of the agency and its relation to the work of other organizations 63,777
whose functions are related to child welfare. The agency may, 63,778
after consultation with the executive director, adopt rules of 63,779
general application, not inconsistent with law or with the rules 63,780
of ADOPTED BY the department DIRECTOR of human JOB AND FAMILY 63,781
services. 63,782
Sec. 5153.111. (A)(1) The executive director of a public 63,792
children services agency shall request the superintendent of the 63,793
bureau of criminal identification and investigation to conduct a 63,794
criminal records check with respect to any applicant who has 63,795
applied to the agency for employment as a person responsible for 63,796
the care, custody, or control of a child. If the applicant does 63,797
not present proof that the applicant has been a resident of this 63,798
state for the five-year period immediately prior to the date upon 63,799
which the criminal records check is requested or does not provide 63,800
evidence that within that five-year period the superintendent has 63,801
requested information about the applicant from the federal bureau 63,802
of investigation in a criminal records check, the executive 63,803
director shall request that the superintendent obtain information 63,804
from the federal bureau of investigation as a part of the 63,805
1405
criminal records check for the applicant. If the applicant 63,806
presents proof that the applicant has been a resident of this 63,807
state for that five-year period, the executive director may 63,808
request that the superintendent include information from the 63,809
federal bureau of investigation in the criminal records check. 63,810
(2) Any person required by division (A)(1) of this section 63,812
to request a criminal records check shall provide to each 63,813
applicant a copy of the form prescribed pursuant to division 63,814
(C)(1) of section 109.572 of the Revised Code, provide to each 63,815
applicant a standard impression sheet to obtain fingerprint 63,816
impressions prescribed pursuant to division (C)(2) of section 63,817
109.572 of the Revised Code, obtain the completed form and 63,818
impression sheet from each applicant, and forward the completed 63,819
form and impression sheet to the superintendent of the bureau of 63,820
criminal identification and investigation at the time the person 63,821
requests a criminal records check pursuant to division (A)(1) of 63,822
this section. 63,823
(3) Any applicant who receives pursuant to division (A)(2) 63,825
of this section a copy of the form prescribed pursuant to 63,826
division (C)(1) of section 109.572 of the Revised Code and a copy 63,827
of an impression sheet prescribed pursuant to division (C)(2) of 63,828
that section and who is requested to complete the form and 63,829
provide a set of fingerprint impressions shall complete the form 63,830
or provide all the information necessary to complete the form and 63,831
shall provide the impression sheet with the impressions of the 63,832
applicant's fingerprints. If an applicant, upon request, fails 63,833
to provide the information necessary to complete the form or 63,834
fails to provide impressions of the applicant's fingerprints, 63,835
that agency shall not employ that applicant for any position for 63,836
which a criminal records check is required by division (A)(1) of 63,837
this section.
(B)(1) Except as provided in rules adopted by the 63,839
department DIRECTOR of human JOB AND FAMILY services in 63,841
accordance with division (E) of this section, no public children 63,842
1406
services agency shall employ a person as a person responsible for 63,843
the care, custody, or control of a child if the person previously 63,844
has been convicted of or pleaded guilty to any of the following: 63,845
(a) A violation of section 2903.01, 2903.02, 2903.03, 63,847
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 63,848
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 63,850
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 63,851
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 63,852
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 63,853
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 63,854
2925.06, or 3716.11 of the Revised Code, a violation of section 63,855
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 63,856
have been a violation of section 2905.04 of the Revised Code as 63,857
it existed prior to July 1, 1996, had the violation occurred 63,858
prior to that date, a violation of section 2925.11 of the Revised 63,860
Code that is not a minor drug possession offense, or felonious 63,861
sexual penetration in violation of former section 2907.12 of the 63,862
Revised Code;
(b) A violation of an existing or former law of this 63,864
state, any other state, or the United States that is 63,865
substantially equivalent to any of the offenses or violations 63,866
described in division (B)(1)(a) of this section. 63,867
(2) A public children services agency may employ an 63,869
applicant conditionally until the criminal records check required 63,870
by this section is completed and the agency receives the results 63,871
of the criminal records check. If the results of the criminal 63,872
records check indicate that, pursuant to division (B)(1) of this 63,873
section, the applicant does not qualify for employment, the 63,874
agency shall release the applicant from employment. 63,875
(C)(1) Each public children services agency shall pay to 63,877
the bureau of criminal identification and investigation the fee 63,878
prescribed pursuant to division (C)(3) of section 109.572 of the 63,879
Revised Code for each criminal records check conducted in 63,880
1407
accordance with that section upon the request pursuant to 63,881
division (A)(1) of this section of the executive director of the 63,882
agency. 63,883
(2) A public children services agency may charge an 63,885
applicant a fee for the costs it incurs in obtaining a criminal 63,886
records check under this section. A fee charged under this 63,887
division shall not exceed the amount of fees the agency pays 63,888
under division (C)(1) of this section. If a fee is charged under 63,889
this division, the agency shall notify the applicant at the time 63,890
of the applicant's initial application for employment of the 63,891
amount of the fee and that, unless the fee is paid, the agency 63,892
will not consider the applicant for employment. 63,893
(D) The report of any criminal records check conducted by 63,895
the bureau of criminal identification and investigation in 63,896
accordance with section 109.572 of the Revised Code and pursuant 63,897
to a request under division (A)(1) of this section is not a 63,898
public record for the purposes of section 149.43 of the Revised 63,899
Code and shall not be made available to any person other than the 63,900
applicant who is the subject of the criminal records check or the 63,901
applicant's representative, the public children services agency 63,902
requesting the criminal records check or its representative, and 63,903
any court, hearing officer, or other necessary individual 63,904
involved in a case dealing with the denial of employment to the 63,905
applicant.
(E) The department DIRECTOR of human JOB AND FAMILY 63,908
services shall adopt rules pursuant to Chapter 119. of the 63,909
Revised Code to implement this section, including rules 63,910
specifying circumstances under which a public children services 63,911
agency may hire a person who has been convicted of an offense 63,912
listed in division (B)(1) of this section but who meets standards 63,913
in regard to rehabilitation set by the department. 63,914
(F) Any person required by division (A)(1) of this section 63,916
to request a criminal records check shall inform each person, at 63,917
the time of the person's initial application for employment, that 63,918
1408
the person is required to provide a set of impressions of the 63,919
person's fingerprints and that a criminal records check is 63,920
required to be conducted and satisfactorily completed in 63,921
accordance with section 109.572 of the Revised Code if the person 63,922
comes under final consideration for appointment or employment as 63,923
a precondition to employment for that position. 63,924
(G) As used in this section: 63,926
(1) "Applicant" means a person who is under final 63,928
consideration for appointment or employment in a position with 63,929
the agency as a person responsible for the care, custody, or 63,930
control of a child. 63,931
(2) "Criminal records check" has the same meaning as in 63,933
section 109.572 of the Revised Code. 63,934
(3) "Minor drug possession offense" has the same meaning 63,936
as in section 2925.01 of the Revised Code. 63,938
Sec. 5153.121. (A) The board of county commissioners and 63,947
the county children services board may agree to permit any 63,948
employee of the department of human JOB AND FAMILY services also
to perform duties for the county children services board, or to
permit any employee of the county children services board also to 63,949
perform duties for the department of human JOB AND FAMILY 63,950
services.
(B) An agreement made under division (A) of this section 63,952
may require the board of county commissioners to pay a portion of 63,954
the wages of any employee of the county children services board 63,955
who also performs duties for the department of human JOB AND
FAMILY services or require the county children services board to
pay a portion of the wages of any employee of the department of 63,956
human JOB AND FAMILY services who also performs duties for the 63,957
county children services board.
Sec. 5153.14. The executive director shall prepare and 63,966
submit an annual report to the public children services agency at 63,968
the end of each calendar year and shall file copies of such 63,970
report with the department of human JOB AND FAMILY services, the 63,971
1409
board of county commissioners, and the juvenile court. The 63,972
executive director shall submit the inspection reports required 63,974
under section 5153.16 of the Revised Code and such other reports
as are required by law, by the rules of the department DIRECTOR 63,975
of human JOB AND FAMILY services, or by the board of county 63,977
commissioners to specified governmental bodies and officers and 63,979
shall provide reports to the public, when so authorized.
Sec. 5153.15. The powers and duties enumerated in sections 63,988
5153.16 to 5153.19 of the Revised Code, with respect to the care 63,989
of children, needing or likely to need public care or services, 63,991
shall be vested in a single agency of county government, namely, 63,992
a county department of human JOB AND FAMILY services or a county 63,993
children services board. 63,994
Sec. 5153.16. (A) Except as provided in section 2151.422 64,003
of the Revised Code, in accordance with rules of the department 64,004
of human JOB AND FAMILY services, and on behalf of children in 64,005
the county whom the public children services agency considers to 64,006
be in need of public care or protective services, the public 64,007
children services agency shall do all of the following: 64,008
(1) Make an investigation concerning any child alleged to 64,010
be an abused, neglected, or dependent child; 64,011
(2) Enter into agreements with the parent, guardian, or 64,013
other person having legal custody of any child, or with the 64,014
department of human JOB AND FAMILY services, department of mental 64,015
health, department of mental retardation and developmental 64,016
disabilities, other department, any certified organization within 64,017
or outside the county, or any agency or institution outside the 64,018
state, having legal custody of any child, with respect to the 64,019
custody, care, or placement of any child, or with respect to any 64,020
matter, in the interests of the child, provided the permanent 64,021
custody of a child shall not be transferred by a parent to the 64,022
public children services agency without the consent of the 64,024
juvenile court;
(3) Accept custody of children committed to the public 64,026
1410
children services agency by a court exercising juvenile 64,028
jurisdiction;
(4) Provide such care as the public children services 64,031
agency considers to be in the best interests of any child 64,032
adjudicated to be an abused, neglected, or dependent child the 64,033
agency finds to be in need of public care or service; 64,034
(5) Provide social services to any unmarried girl 64,036
adjudicated to be an abused, neglected, or dependent child who is 64,038
pregnant with or has been delivered of a child; 64,039
(6) Make available to the bureau for children with medical 64,041
handicaps of the department of health at its request any 64,042
information concerning a crippled child found to be in need of 64,043
treatment under sections 3701.021 to 3701.028 of the Revised Code 64,044
who is receiving services from the public children services 64,046
agency;
(7) Provide temporary emergency care for any child 64,048
considered by the public children services agency to be in need 64,050
of such care, without agreement or commitment; 64,051
(8) Find family foster homes, within or outside the 64,053
county, for the care of children, including handicapped children 64,054
from other counties attending special schools in the county; 64,055
(9) Subject to the approval of the board of county 64,057
commissioners and the state department of human JOB AND FAMILY 64,058
services, establish and operate a training school or enter into 64,059
an agreement with any municipal corporation or other political 64,060
subdivision of the county respecting the operation, acquisition, 64,061
or maintenance of any children's home, training school, or other 64,062
institution for the care of children maintained by such municipal 64,063
corporation or political subdivision; 64,064
(10) Acquire and operate a county children's home, 64,066
establish, maintain, and operate a receiving home for the 64,067
temporary care of children, or procure family foster homes for 64,068
this purpose; 64,069
(11) Enter into an agreement with the trustees of any 64,071
1411
district children's home, respecting the operation of the 64,072
district children's home in cooperation with the other county 64,073
boards in the district; 64,074
(12) Cooperate with, make its services available to, and 64,076
act as the agent of persons, courts, the department of human JOB 64,077
AND FAMILY services, the department of health, and other
organizations within and outside the state, in matters relating 64,078
to the welfare of children, except that the public children 64,079
services agency shall not be required to provide supervision of 64,080
or other services related to the exercise of companionship or 64,081
visitation rights granted pursuant to section 3109.051, 3109.11, 64,082
or 3109.12 of the Revised Code unless a juvenile court, pursuant 64,083
to Chapter 2151. of the Revised Code, or a common pleas court, 64,084
pursuant to division (E)(6) of section 3113.31 of the Revised 64,085
Code, requires the provision of supervision or other services 64,087
related to the exercise of the companionship or visitation 64,088
rights;
(13) Make investigations at the request of any 64,090
superintendent of schools in the county or the principal of any 64,091
school concerning the application of any child adjudicated to be 64,092
an abused, neglected, or dependent child for release from school, 64,093
where such service is not provided through a school attendance 64,094
department;
(14) Administer funds provided under Title IV-E of the 64,096
"Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as 64,097
amended, in accordance with rules adopted by the state department 64,098
of human services under section 5101.141 of the Revised Code; 64,099
(15) In addition to administering Title IV-E adoption 64,101
assistance funds, enter into agreements to make adoption 64,102
assistance payments under section 5153.163 of the Revised Code; 64,103
(16) Implement a system of risk assessment, in accordance 64,105
with rules adopted by the state department DIRECTOR of human JOB 64,107
AND FAMILY services, to assist the public children services 64,109
agency in determining the risk of abuse or neglect to a child; 64,110
1412
(17) Enter into a plan of cooperation with the board of 64,112
county commissioners under section 307.983 of the Revised Code 64,113
and comply with the partnership agreement the board enters into 64,114
under section 307.98 of the Revised Code and contracts the board 64,115
enters into under sections 307.981 and 307.982 of the Revised 64,116
Code that affect the public children services agency; 64,117
(18) Make reasonable efforts to prevent the removal of an 64,119
alleged or adjudicated abused, neglected, or dependent child from 64,120
the child's home, eliminate the continued removal of the child 64,121
from the child's home, or make it possible for the child to 64,122
return home safely, except that reasonable efforts of that nature 64,123
are not required when a court has made a determination under 64,124
division (A)(2) of section 2151.419 of the Revised Code; 64,125
(19) Make reasonable efforts to place the child in a 64,127
timely manner in accordance with the permanency plan approved 64,128
under division (E) of section 2151.417 of the Revised Code and to 64,130
complete whatever steps are necessary to finalize the permanent 64,131
placement of the child. 64,132
(B) The public children services agency shall use the 64,134
system implemented pursuant to division (B)(16) of this section 64,135
in connection with an investigation undertaken pursuant to 64,136
division (F)(1) of section 2151.421 of the Revised Code and may 64,138
use the system at any other time the agency is involved with any
child when the agency determines that risk assessment is 64,139
necessary.
(C) Except as provided in section 2151.422 of the Revised 64,141
Code, in accordance with rules of the department DIRECTOR of 64,142
human JOB AND FAMILY services, and on behalf of children in the 64,144
county whom the public children services agency considers to be 64,145
in need of public care or protective services, the public
children services agency may do the following: 64,146
(1) Provide or find, with other child serving systems, 64,149
treatment foster care for the care of children in a treatment 64,150
foster home, as defined in section 5103.02 of the Revised Code;
1413
(2)(a) Except as limited by divisions (C)(2)(b) and (c) of 64,153
this section, contract with the following for the purpose of
assisting the agency with its duties: 64,154
(i) County departments of human JOB AND FAMILY services; 64,156
(ii) Boards of alcohol, drug addiction, and mental health 64,159
services;
(iii) County boards of mental retardation and 64,161
developmental disabilities; 64,162
(iv) Regional councils of political subdivisions 64,164
established under Chapter 167. of the Revised Code; 64,165
(v) Private and government providers of services; 64,167
(vi) Managed care organizations and prepaid health plans. 64,169
(b) A public children services agency contract under 64,172
division (C)(2)(a) of this section regarding the agency's duties
under section 2151.421 of the Revised Code may not provide for 64,173
the entity under contract with the agency to perform any service 64,174
not authorized by the department's rules. 64,175
(c) Only a county children services board appointed under 64,178
section 5153.03 of the Revised Code that is a public children
services agency may contract under division (C)(2)(a) of this 64,179
section. If an entity specified in division (B) or (C) of 64,180
section 5153.02 of the Revised Code is the public children 64,181
services agency for a county, the board of county commissioners 64,182
may enter into contracts pursuant to section 307.982 of the
Revised Code regarding the agency's duties. 64,183
Sec. 5153.163. (A) As used in this section, "adoptive 64,192
parent" means, as the context requires, a prospective adoptive 64,194
parent or an adoptive parent.
(B)(1) If a public children services agency considers a 64,198
child with special needs residing in the county served by the
agency to be in need of public care or protective services and 64,199
all of the following apply, the agency shall enter into an 64,200
agreement with the child's adoptive parent before the child is 64,201
adopted under which the agency shall make payments as needed on 64,202
1414
behalf of the child: 64,203
(a) The adoptive parent has the capability of providing 64,205
the permanent family relationships needed by the child in all 64,206
areas except financial need as determined by the agency; 64,207
(b) The needs of the child are beyond the economic 64,209
resources of the adoptive parent as determined by the agency; 64,211
(c) The agency determines the acceptance of the child as a 64,214
member of the adoptive parent's family would not be in the 64,215
child's best interest without payments on the child's behalf 64,216
under this section.
(2) Payments to an adoptive parent under division (B) of 64,218
this section shall include medical, surgical, psychiatric, 64,219
psychological, and counseling expenses, and may include 64,220
maintenance costs if necessary and other costs incidental to the 64,221
care of the child. No payment of maintenance costs shall be made 64,222
under division (B) of this section on behalf of a child if either 64,224
of the following apply:
(a) The gross income of the adoptive parent's family 64,226
exceeds one hundred twenty per cent of the median income of a 64,227
family of the same size, including the child, as most recently 64,228
determined for this state by the secretary of health and human 64,229
services under Title XX of the "Social Security Act," 88 Stat. 64,230
2337, 42 U.S.C.A. 1397, as amended; 64,231
(b) The child is eligible for adoption assistance payments 64,234
for maintenance costs under Title IV-E of the "Social Security 64,235
Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as amended. 64,236
Payments under division (B) of this section may begin 64,238
either before or after issuance of the final adoption decree, 64,239
except that payments made before issuance of the final adoption 64,240
decree may be made only while the child is living in the adoptive 64,241
parent's home. Preadoption payments may be made for not more 64,242
than twelve months, unless the final adoption decree is not 64,243
issued within that time because of a delay in court proceedings. 64,244
Payments that begin before issuance of the final adoption decree 64,245
1415
may continue after its issuance.
(C) If a public children services agency considers a child 64,248
residing in the county served by the agency to be in need of 64,249
public care or protective services and both of the following 64,250
apply, the agency may, and to the extent state funds are 64,251
appropriated for this purpose shall, enter into an agreement with 64,252
the child's adoptive parent after the child is adopted under 64,254
which the agency shall make payments on behalf of the child as
needed: 64,255
(1) The child has a physical or developmental handicap or 64,257
mental or emotional condition that either: 64,258
(a) Existed before the adoption petition was filed; 64,260
(b) Developed after the adoption petition was filed and 64,263
can be attributed to factors in the child's preadoption
background, medical history, or biological family's background or 64,264
medical history. 64,265
(2) The agency determines the expenses necessitated by the 64,267
child's handicap or condition are beyond the adoptive parent's 64,268
economic resources. 64,269
Payments to an adoptive parent under this division shall 64,271
include medical, surgical, psychiatric, psychological, and 64,272
counseling expenses, but shall not include maintenance costs. 64,273
(D) No payment shall be made under division (B) or (C) of 64,275
this section on behalf of any person twenty-one years of age or 64,276
older. Payments under those divisions shall be made in 64,277
accordance with the terms of the agreement between the public 64,278
children services agency and the adoptive parent, subject to an 64,279
annual redetermination of need. The agency may use sources of 64,281
funding in addition to any state funds appropriated for the 64,282
purposes of those divisions.
The department DIRECTOR of human JOB AND FAMILY services 64,285
shall adopt rules in accordance with Chapter 119. of the Revised 64,286
Code that are needed to implement this section. The rules shall 64,287
establish all of the following: 64,288
1416
(1) The application process for payments under this 64,290
section;
(2) The method to determine the amounts and kinds of 64,292
assistance payable under this section; 64,293
(3) The definition of "child with special needs" for this 64,295
section.
The rules shall allow for payments for children placed by 64,297
nonpublic agencies. 64,298
(E) No public children services agency shall, pursuant to 64,300
either section 2151.353 or 5103.15 of the Revised Code, place or 64,301
maintain a child with special needs who is in the permanent 64,302
custody of an institution or association certified by the 64,304
department of human JOB AND FAMILY services under section 5103.03
of the Revised Code in a setting other than with a person seeking 64,305
to adopt the child, unless the agency has determined and 64,306
redetermined at intervals of not more than six months the 64,307
impossibility of adoption by a person listed pursuant to division 64,308
(B), (C), or (D) of section 5103.154 of the Revised Code, 64,309
including the impossibility of entering into a payment agreement 64,311
with such a person. The agency so maintaining such a child shall 64,312
report its reasons for doing so to the department of human JOB 64,313
AND FAMILY services. No agency that fails to so determine, 64,314
redetermine, and report shall receive more than fifty per cent of 64,315
the state funds to which it would otherwise be eligible for that 64,316
part of the fiscal year following placement under section 5101.14 64,317
of the Revised Code. 64,318
Sec. 5153.17. The public children services agency shall 64,328
prepare and keep written records of investigations of families, 64,330
children, and foster homes, and of the care, training, and 64,331
treatment afforded children, and shall prepare and keep such 64,332
other records as are required by the department of human JOB AND 64,333
FAMILY services. Such records shall be confidential, but, except 64,334
as provided by division (B) of section 3107.17 of the Revised
Code, shall be open to inspection by the agency, the director of 64,336
1417
the county department of human JOB AND FAMILY services, and by 64,337
other persons, upon the written permission of the executive 64,338
secretary.
Sec. 5153.20. The cost of care furnished by the public 64,348
children services agency or the board of county commissioners to 64,350
any child having a legal residence in another county shall be 64,351
charged to the county of legal residence. No expense shall be 64,352
incurred by the agency or the board of county commissioners, on 64,354
account of such care, except for temporary or emergency care, 64,355
without the consent of the agency or board of county
commissioners, or as provided by this section. If such consent 64,357
cannot be obtained the board of county commissioners may file a 64,358
petition in the court of common pleas of the county in which the 64,359
child is found for a determination of legal residence of such 64,360
child. Summons in such a proceeding shall be served, as in other 64,361
civil actions, upon the board of county commissioners and the 64,362
executive director of the agency of the county alleged to be the 64,363
county of legal residence, but the answer day shall be the tenth 64,364
day after the issuance of such summons. The return day shall be 64,365
the fifth day after issuance of the summons. The cause shall be 64,366
set for hearing not less than ten nor more than thirty days after 64,367
the issuance of the summons. The finding and determination by 64,368
the court upon such application, subject to the right of appeal, 64,369
shall be final and conclusive as to the county chargeable under 64,370
this section with the costs of the care of such child. The board 64,371
of county commissioners out of its general funds shall reimburse 64,372
the agency furnishing such care, upon receipt of itemized 64,374
statements.
Any moneys received by the agency furnishing such care from 64,376
persons liable for the cost of any part of such care, by 64,378
agreement or otherwise, shall be credited to the county of legal 64,379
residence.
The agency may remove and deliver any child, having legal 64,382
residence in another county in Ohio and deemed to be in need of 64,383
1418
public care, to the public children services agency of the county 64,384
of legal residence. All cost incidental to the transportation of 64,386
such child and of any escort required shall be paid by the public 64,388
children services agency which delivers back the child. With the 64,389
approval of the department of human JOB AND FAMILY services, any 64,390
child whose legal residence has been found to be in another state 64,391
or country may be transferred to the department for return to the 64,392
place of legal residence, or such child may be returned by the 64,393
agency. All costs incidental to the transportation of such child 64,394
and of any escort required shall be paid by the department of 64,395
human JOB AND FAMILY services if it returns the child, otherwise 64,396
the cost shall be paid by the agency, subject in either case to 64,397
such reimbursement as may be obtained from the responsible 64,398
persons or authorities of the place of legal residence. The 64,399
department of human JOB AND FAMILY services may enter into 64,400
agreements with the authorities of other states relative to the 64,401
placement and return of children. 64,402
Sec. 5153.21. The board of county commissioners may 64,412
establish a children's home upon the recommendation of the public 64,413
children services agency and subject to certification by the 64,415
department of human JOB AND FAMILY services under section 5103.03
of the Revised Code.
Sec. 5153.22. If there is no children's home in the county 64,425
or if the facilities for institutional care are inadequate, the 64,426
public children services agency may, subject to the approval of 64,429
the department of human JOB AND FAMILY services and the board of 64,430
county commissioners, enter into an agreement with the public 64,431
children services agency of, or a certified organization located 64,433
in, another county, or with the board of trustees of any district 64,435
or semipublic children's home, or with any agency or institution 64,436
outside the state for the furnishing of institutional care to
children of the county. 64,437
Sec. 5153.27. A public children services agency operating 64,447
a children's home or other institution is subject to sections 64,450
1419
5103.03 and 5103.04 of the Revised Code respecting certification
by the department of human JOB AND FAMILY services. 64,451
Sec. 5153.29. The board of county commissioners of any 64,461
county having a county children's home, may, upon the 64,462
recommendation of the public children services agency and with 64,464
the approval of the department of human JOB AND FAMILY services, 64,466
abandon the use of such home and proceed to sell or lease the 64,467
site, building, furniture, and equipment of such home in the
manner most advantageous to the county, or it may use the home 64,468
for other necessary and proper purposes. The net proceeds of any 64,469
such sale or lease shall be paid into the county treasury. 64,470
Sec. 5153.30. The public children services agency may 64,480
accept and receive bequests, donations, and gifts of funds or 64,482
property, real or personal, for child care and services. The 64,483
facilities or services to be established or maintained through 64,484
any such gift shall be subject to the approval of the department 64,486
of human JOB AND FAMILY services.
Sec. 5153.32. Any corporation, organized under the laws of 64,496
this state for the purpose of establishing, conducting, and 64,497
maintaining a child welfare institution or agency, which is 64,498
unable, for any reason, to conduct and maintain such institution 64,499
or agency, and which has not, for a period of three consecutive 64,500
years, conducted or maintained a place or establishment for the 64,501
care of children, and which has in its hands funds or properties 64,502
acquired by it for the purpose of establishing, conducting, and 64,503
maintaining such institution or agency, may, subject to the 64,504
approval of the department of human JOB AND FAMILY services, and 64,505
subject to the terms of any deed, will, or other instrument 64,506
pursuant to which such funds or properties were acquired, 64,507
transfer such funds or properties to the public children services 64,508
agency, to be used for the purposes for which such funds or 64,510
property were acquired. The transfer of such funds or properties 64,511
to the agency shall be a full discharge of the obligation or 64,513
liability of such corporation and its trustees with respect to 64,514
1420
the funds and properties so transferred. 64,515
Sec. 5153.35. The boards of county commissioners shall 64,525
levy taxes and make appropriations sufficient to enable the 64,526
public children services agency to perform its functions and 64,527
duties under this chapter. If the board of county commissioners 64,531
levies a tax for children services and the children services 64,532
functions are transferred from a county children services board 64,533
to the department of human JOB AND FAMILY services, or from the
department of human JOB AND FAMILY services to a county children 64,534
services board, the levy shall continue in effect for the period 64,535
for which it was approved by the electors for the use by the 64,536
public children services agency that provides children services 64,538
pursuant to the transfer.
In addition to making the usual appropriations, there may 64,540
be allowed annually to the executive director an amount not to 64,541
exceed one-half the executive director's official salary to 64,542
provide for necessary expenses which are incurred by the 64,543
executive director or the executive director's staff in the 64,545
performance of their official duties. Upon the order of the
executive director, the county auditor shall draw a warrant on 64,546
the county treasurer payable to the executive director or such 64,547
other person as the order designates, for such amount as the 64,548
order requires, not exceeding the amount provided for in this 64,549
section, and to be paid out of the general fund of the county. 64,550
The bond of the executive director provided for by section 64,551
5153.13 of the Revised Code shall at all times be in sufficient 64,552
amount to cover the additional appropriations provided for by 64,553
this section. 64,554
The executive director, annually, before the first Monday 64,556
of January, shall file with the auditor a detailed and itemized 64,557
statement, verified by the executive director, as to the manner 64,558
in which the fund has been expended during the current year, and 64,559
if any part of such fund remains in the executive director's 64,560
hands unexpended, forthwith shall pay that amount into the county 64,561
1421
treasury.
Sec. 5153.36. The boards of county commissioners of two or 64,571
more adjoining counties, not to exceed four, may, upon the 64,572
recommendation of the public children services agencies of such 64,573
counties, and subject to the approval of the department of human 64,574
JOB AND FAMILY services form themselves into a joint board, and 64,575
proceed to organize a district for the establishment and support 64,576
of a children's home, by using a site and buildings already 64,577
established in one such county, or by providing for the purchase
of a site and the erection of necessary buildings thereon. 64,578
Sec. 5153.38. When any person donates or bequeaths his THE 64,587
PERSON'S real or personal estate, or any part thereof, to the use 64,588
and benefit of a district children's home, the board of trustees 64,589
of the home may accept and use such donation or bequest as they 64,591
deem for the best interests of the institution, and consistent
with the conditions of such bequest. The facilities or services 64,592
to be established or maintained through any such gift shall be 64,593
subject to the approval of the division DEPARTMENT of social 64,594
administration JOB AND FAMILY SERVICES. 64,595
Sec. 5153.49. The board of county commissioners of any 64,604
county within a children's home district may, upon the 64,605
recommendation of the public children services agency, and 64,606
subject to the approval of the department of human JOB AND FAMILY 64,609
services, withdraw from such district and dispose of its interest 64,610
in such home by selling or leasing its right, title, and interest 64,611
in the site, buildings, furniture, and equipment to any counties 64,612
in the district, at such price and on such terms as are agreed 64,613
upon among the boards of county commissioners of the counties 64,614
concerned. Section 307.10 of the Revised Code does not apply to 64,615
this section. The net proceeds of any such sale or lease shall 64,616
be paid into the county treasury of the withdrawing county. 64,617
Members of the board of trustees of a district children's 64,619
home who are residents of a county withdrawing from such district 64,620
are deemed to have resigned their positions upon completion of 64,621
1422
the withdrawal procedure provided by this section. Vacancies 64,622
thus created shall be filled according to sections 5153.39 and 64,624
5153.45 of the Revised Code.
Sec. 5153.52. The board of county commissioners of any 64,634
county which has no county children's home may aid an 64,635
incorporated children's home or other unincorporated society, 64,636
whose object is the care, aid, and education of neglected or 64,637
destitute children, by contributing toward the purchase of land 64,638
for such home or society, the erection of buildings by it, or of 64,639
additions to existing buildings, or other improvements, to an 64,640
amount not to exceed twenty-five hundred dollars in any one year. 64,641
The board of any such county may submit to the people of 64,643
such county, under section 133.18 of the Revised Code, the 64,644
question of whether bonds of such county shall be issued for the 64,645
purposes of this section. If the people of such county approve 64,646
the issue of bonds, the board may issue the bonds under Chapter 64,647
133. of the Revised Code, as if they were being issued for the 64,648
construction of a county children's home owned by the county, and 64,649
may use the proceeds of such bond issue for the purposes of and 64,650
without the restriction as to amount imposed by this section. 64,651
The board may contribute an amount not to exceed five 64,653
hundred dollars in any one year for the purpose of keeping such 64,654
property in repair. If such children's home ceases to exist, so 64,655
that the property so purchased ceases to be used for the purpose 64,656
of a children's home by the corporation, such county shall have a 64,657
lien upon the property for the amount of money contributed for 64,658
its purchase, and if such corporation fails to maintain, manage, 64,659
and control such home so as to subserve the purpose of a 64,660
children's home for which it was incorporated, the board may 64,661
enforce such lien or, if it prefers may, upon approval of the 64,662
department of human JOB AND FAMILY services, first being 64,663
obtained, organize such home into a county children's home. The 64,664
title to such property, where the county has contributed the 64,665
whole amount of the purchase money, shall vest in and be the 64,666
1423
property of such county.
Sec. 5502.01. (A) The department of public safety shall 64,675
administer and enforce the laws relating to the registration, 64,676
licensing, sale, and operation of motor vehicles and the laws 64,678
pertaining to the licensing of drivers of motor vehicles. 64,679
The department shall compile, analyze, and publish 64,681
statistics relative to motor vehicle accidents and the causes of 64,682
them, prepare and conduct educational programs for the purpose of 64,683
promoting safety in the operation of motor vehicles on the 64,685
highways, assist the state board of education in the formulation
of minimum standards for driver education courses of instruction, 64,686
encourage driver instruction in the high schools of the state, 64,688
and conduct research and studies for the purpose of promoting 64,689
safety on the highways of this state.
(B) The department shall administer the laws and rules 64,691
applicable to the division of state emergency medical services. 64,692
(C) The department shall administer and enforce the laws 64,694
contained in Chapters 4301. and 4303. of the Revised Code and 64,696
enforce the rules and orders of the liquor control commission 64,699
pertaining to retail liquor permit holders.
(D) The department shall administer the laws governing the 64,701
state emergency management agency and shall enforce all 64,702
additional duties and responsibilities as prescribed in the 64,703
Revised Code related to emergency management services. 64,704
(E) The department shall conduct investigations pursuant 64,706
to Chapter 5101. of the Revised Code in support of the duty of 64,708
the department of human JOB AND FAMILY services to administer 64,709
food stamp programs throughout this state. The department of 64,710
public safety shall conduct investigations necessary to protect
the state's property rights and interests in the food stamp 64,711
program.
(F) The department of public safety shall enforce 64,713
compliance with orders and rules of the public utilities 64,714
commission and applicable laws in accordance with Chapters 4919., 64,715
1424
4921., and 4923. of the Revised Code regarding commercial motor 64,716
vehicle transportation safety, economic, and hazardous materials 64,717
requirements.
(G) Notwithstanding Chapter 4117. of the Revised Code, the 64,719
department of public safety may establish requirements for its 64,720
enforcement personnel, including its enforcement agents described 64,721
in section 5502.14 of the Revised Code, that include standards of 64,722
conduct, work rules and procedures, and criteria for eligibility 64,724
as law enforcement personnel.
(H) The department shall administer, maintain, and operate 64,726
the Ohio criminal justice network. The Ohio criminal justice 64,727
network shall be a computer network that supports state and local 64,728
criminal justice activities. The network shall be an electronic 64,729
repository for various data, which may include arrest warrants, 64,730
notices of persons wanted by law enforcement agencies, criminal 64,731
records, prison inmate records, stolen vehicle records, vehicle 64,732
operator's licenses, and vehicle registrations and titles. 64,734
Sec. 5505.04. (A) The general administration and 64,743
management of the state highway patrol retirement system and the 64,744
making effective of this chapter are hereby vested in the state 64,745
highway patrol retirement board. The board may sue and be sued, 64,746
plead and be impleaded, contract and be contracted with, and do 64,747
all things necessary to carry out this chapter. 64,748
The board shall consist of the auditor of state, the 64,750
superintendent of the state highway patrol, a retirant-member who 64,751
is a resident of this state, and four employee-members. 64,752
The board shall annually elect a chairperson and 64,754
vice-chairperson from among its members. The vice-chairperson 64,755
shall act as chairperson in the absence of the chairperson. A 64,756
majority of the members of the board shall constitute a quorum 64,757
and any action taken shall be approved by four or more of the 64,758
members. The board shall meet not less than once each year, upon 64,759
sufficient notice to the members. All meetings of the board 64,760
shall be open to the public except executive sessions as set 64,761
1425
forth in division (G) of section 121.22 of the Revised Code, and 64,762
any portions of any sessions discussing medical records or the 64,763
degree of disability of a member excluded from public inspection 64,764
by this section.
(B) The attorney general shall prescribe procedures for 64,766
the adoption of rules authorized under this chapter, consistent 64,767
with the provision of section 111.15 of the Revised Code under 64,768
which all rules shall be filed in order to be effective. Such 64,769
procedures shall establish methods by which notice of proposed 64,770
rules are given to interested parties and rules adopted by the 64,771
board published and otherwise made available. When it files a 64,773
rule with the joint committee on agency rule review pursuant to 64,774
section 111.15 of the Revised Code, the board shall submit to the 64,776
Ohio retirement study council a copy of the full text of the 64,777
rule, and if applicable, a copy of the rule summary and fiscal 64,779
analysis required by division (B) of section 127.18 of the 64,780
Revised Code. 64,782
(C) The retirant-member of the board shall be elected for 64,784
a four-year term by a general election of service and disability 64,785
retirants conducted in a manner approved by the board. The term 64,786
of the initial retirant-member shall commence in August 1990. A 64,787
person who at the time of retirement is an employee-member of the 64,788
board is not eligible to become a retirant-member until three 64,789
years after such person's retirement date. Employee-members of 64,791
the board shall be elected for terms of four years by a general 64,792
election of contributing members conducted in a manner approved 64,793
by the board. The term of office of each employee-member shall 64,794
commence in August of the year in which such member is elected. 64,795
Any vacancy occurring in the term of the retirant-member or any 64,797
employee-member of the board shall be filled by an election 64,798
conducted in the same manner as other retirant-member and 64,799
employee-member elections. The retirant-member or 64,800
employee-member elected shall fill the unexpired term. 64,801
(D)(1) As used in this division, "personal history record" 64,803
1426
means information maintained by the board on a member, former 64,804
member, retirant, or beneficiary that includes the address, 64,805
telephone number, social security number, record of 64,806
contributions, correspondence with the system, and other 64,807
information the board determines to be confidential. 64,808
(2) The records of the board shall be open to public 64,810
inspection, except for the following which shall be excluded: the 64,812
member's, former member's, retirant's, or beneficiary's personal 64,813
history record and the amount of a monthly allowance or benefit 64,814
paid to a retirant, beneficiary, or survivor, except with the 64,815
written authorization of the individual concerned. All medical 64,816
reports and recommendations are privileged except that copies of 64,817
such medical reports or recommendations shall be made available 64,818
to the individual's personal physician, attorney, or authorized 64,819
agent upon written release received from such individual or such 64,820
individual's agent, or when necessary for the proper 64,821
administration of the fund to the board-assigned physician. 64,822
(E) Notwithstanding the exceptions to public inspection in 64,824
division (D)(2) of this section, the board may furnish the 64,825
following information: 64,826
(1) If a member, former member, or retirant is subject to 64,828
an order issued under section 2907.15 of the Revised Code or is 64,829
convicted of or pleads guilty to a violation of section 2921.41 64,830
of the Revised Code, on written request of a prosecutor as 64,831
defined in section 2935.01 of the Revised Code, the board shall 64,832
furnish to the prosecutor the information requested from the 64,833
individual's personal history record. 64,834
(2) Pursuant to a court order issued under section 3113.21 64,836
of the Revised Code, the board shall furnish to a court or child 64,837
support enforcement agency the information required under that 64,838
section. 64,839
(3) At the written request of any nonprofit organization 64,841
or association providing services to retirement system members, 64,842
retirants, or beneficiaries, the board shall provide to the 64,843
1427
organization or association a list of the names and addresses of 64,844
members, former members, retirants, or beneficiaries if the 64,845
organization or association agrees to use such information solely 64,846
in accordance with its stated purpose of providing services to 64,847
such individuals and not for the benefit of other persons, 64,848
organizations, or associations. The costs of compiling, copying, 64,849
and mailing the list shall be paid by such entity. 64,850
(4) Within fourteen days after receiving from the director 64,852
of human JOB AND FAMILY services a list of the names and social
security numbers of recipients of public assistance pursuant to 64,853
section 5101.181 of the Revised Code, the board shall inform the 64,854
auditor of state of the name, current or most recent employer 64,855
address, and social security number of each member whose name and 64,856
social security number are the same as those of a person whose 64,857
name or social security number was submitted by the director. 64,858
The board and its employees, except for purposes of furnishing 64,859
the auditor of state with information required by this section, 64,860
shall preserve the confidentiality of recipients of public 64,861
assistance in compliance with division (A) of section 5101.181 of 64,862
the Revised Code.
(F) A statement that contains information obtained from 64,864
the system's records that is certified and signed by an officer 64,865
of the retirement system and to which the system's official seal 64,866
is affixed, or copies of the system's records to which the 64,867
signature and seal are attached, shall be received as true copies 64,868
of the system's records in any court or before any officer of 64,869
this state. 64,870
Sec. 5703.21. (A) Except as provided in divisions (B), 64,879
(C), (D), (E), (F), and (G) of this section, no agent of the 64,881
department of taxation, except in the agent's report to the 64,882
department or when called on to testify in any court or 64,883
proceeding, shall divulge any information acquired by the agent 64,884
as to the transactions, property, or business of any person while 64,885
acting or claiming to act under orders of the department. 64,886
1428
Whoever violates this provision shall thereafter be disqualified 64,887
from acting as an officer or employee or in any other capacity 64,888
under appointment or employment of the department.
(B)(1) For purposes of an audit pursuant to section 117.15 64,890
of the Revised Code, or an audit of the department pursuant to 64,891
Chapter 117. of the Revised Code, or an audit, pursuant to that 64,892
chapter, the objective of which is to express an opinion on a 64,893
financial report or statement prepared or issued pursuant to 64,894
division (A)(7) or (9) of section 126.21 of the Revised Code, the 64,897
officers and employees of the auditor of state charged with 64,898
conducting the audit shall have access to and the right to 64,899
examine any state tax returns and state tax return information in 64,900
the possession of the department to the extent that the access 64,902
and examination are necessary for purposes of the audit. Any 64,903
information acquired as the result of that access and examination 64,905
shall not be divulged for any purpose other than as required for 64,906
the audit or unless the officers and employees are required to 64,908
testify in a court or proceeding under compulsion of legal 64,909
process. Whoever violates this provision shall thereafter be 64,910
disqualified from acting as an officer or employee or in any 64,911
other capacity under appointment or employment of the auditor of 64,912
state. 64,913
(2) As provided by section 6103(d)(2) of the Internal 64,915
Revenue Code, any federal tax returns or federal tax information 64,916
that the department has acquired from the internal revenue 64,917
service, through federal and state statutory authority, may be 64,918
disclosed to the auditor of state solely for purposes of an audit 64,919
of the department. 64,920
(C) Division (A) of this section does not prohibit 64,922
divulging information contained in applications, complaints, and 64,923
related documents filed with the department under section 5715.27 64,924
of the Revised Code or in applications filed with the department 64,925
under section 5715.39 of the Revised Code. 64,926
(D) Division (A) of this section does not prohibit the 64,928
1429
department of taxation providing information to the division of 64,929
child support within the department of human JOB AND FAMILY 64,930
services, or a child support enforcement agency, pursuant to 64,932
division (G)(2) of section 5101.31 of the Revised Code.
(E) Division (A) of this section does not prohibit the 64,935
disclosure to the board of motor vehicle collision repair 64,936
registration of any information in the possession of the 64,937
department that is necessary for the board to verify the 64,939
existence of an applicant's valid vendor's license and current 64,940
state tax identification number under section 4775.07 of the
Revised Code. 64,941
(F) Division (A) of this section does not prohibit the 64,943
department from providing information to the administrator of 64,944
workers' compensation pursuant to section 4123.591 of the Revised 64,945
Code.
(G) Division (A) of this section does not prohibit the 64,947
department of taxation from providing to the attorney general 64,948
information the department obtains under division (J) of section 64,949
1346.01 of the Revised Code.
Sec. 5709.65. (A) An enterprise issued a certificate 64,959
under section 5709.64 of the Revised Code shall be entitled to 64,960
the following tax incentives: 64,961
(1) With the exception of improvements to land or tangible 64,963
personal property constituting or used in the retail portion, if 64,964
any, of a facility, any improvement to land or tangible personal 64,965
property at a facility for which a certificate is issued, first 64,966
used in business at the facility as the result of a project, 64,967
shall not be considered an asset of a corporate enterprise in 64,968
determining the value of its issued and outstanding stock under 64,969
division (A) of section 5733.05 of the Revised Code at the end of 64,970
the taxable year that includes the certificate's date of 64,971
issuance. 64,972
(2) With the exception of the original cost of 64,974
improvements to land or tangible personal property constituting 64,975
1430
or used in the retail portion, if any, of a facility, the 64,976
original cost of any improvement to land or tangible personal 64,977
property at the facility for which the certificate is issued, 64,978
first used in business at the facility as a result of a project, 64,979
shall be excluded from the numerator upon computation of the 64,980
property factor of a corporate enterprise under division 64,981
(B)(2)(a) of section 5733.05 of the Revised Code, or of a 64,982
noncorporate enterprise under division (A) of section 5747.21 of 64,983
the Revised Code, for the taxable year that includes the 64,984
certificate's date of issuance. 64,985
As used in divisions (A)(1) and (2) of this section, the 64,987
"retail portion" of a facility is that part of a facility used 64,988
primarily for making retail sales as defined in division (O) of 64,989
section 5739.01 of the Revised Code. 64,990
(3) Compensation paid to new employees described under 64,992
divisions (A)(2)(a) to (e) of section 5709.64 of the Revised Code 64,993
at the facility for which the certificate is issued, who are 64,994
hired as a result of a project, shall be excluded from the 64,995
numerator upon computation of the payroll factor of a corporate 64,996
enterprise under division (B)(2)(b) of section 5733.05 of the 64,997
Revised Code, or of a noncorporate enterprise under division (B) 64,998
of section 5747.21 of the Revised Code, for the taxable year that 64,999
includes the certificate's date of issuance. 65,000
(4) An enterprise that reimburses its new employees 65,002
described under divisions (A)(2)(a) to (e) of section 5709.64 of 65,003
the Revised Code for all or part of the cost of day-care services 65,004
necessary to enable them to be employed at a facility for which a 65,005
certificate is issued shall be entitled to a credit equal to the 65,006
amounts so reimbursed, up to a maximum of three hundred dollars 65,007
for each child or dependent receiving the services, for the 65,008
taxable year in which reimbursement is made, against the tax 65,009
imposed by section 5733.06 of the Revised Code on a corporate 65,010
enterprise, or by section 5747.02 of the Revised Code on the 65,011
owners of a noncorporate enterprise, for the taxable year that 65,012
1431
includes the certificate's date of issuance. Only reimbursements 65,013
of amounts paid by new employees to day-care centers licensed by 65,014
the department of human JOB AND FAMILY services for day-care 65,015
services provided during the first twenty-four months of 65,016
employment as a new employee may be applied toward the credit 65,017
provided under this division. Any enterprise claiming this 65,018
credit shall maintain records verifying that the credit is 65,019
claimed only for reimbursement of amounts expended by new 65,020
employees for such services. 65,021
(5) For each new employee described in divisions (A)(2)(a) 65,023
to (e) of section 5709.64 of the Revised Code who completes a 65,024
training program and is subsequently employed by an enterprise 65,025
for at least ninety days, if the enterprise pays or reimburses 65,026
all or part of the cost of the employee's participation in the 65,027
training program, it may claim a credit equal to the amount paid 65,028
or reimbursed or one thousand dollars, whichever is less, in the 65,029
taxable year in which the employee completes the ninety days of 65,030
subsequent employment, against the tax imposed on a corporate 65,031
enterprise by section 5733.06 of the Revised Code, or on the 65,032
owners of a noncorporate enterprise by section 5747.02 of the 65,033
Revised Code. Only one credit shall be allowed with respect to 65,034
any individual. Attendance at a qualified training program under 65,035
this section does not bar an otherwise eligible individual from 65,036
receipt of benefits under Chapter 4141. of the Revised Code. 65,037
(B) None of the items set forth in divisions (A)(2) and 65,039
(3) of this section shall be considered in making any allocation 65,040
or apportionment under division (B)(2)(d) of section 5733.05 or 65,041
division (D) of section 5747.21 of the Revised Code. 65,042
(C) All credits provided under this section to a 65,044
noncorporate enterprise shall be divided pro rata among the 65,045
owners of the enterprise subject to the tax imposed by section 65,046
5747.02 of the Revised Code, based upon their proportionate 65,047
ownership interests in the enterprise. The enterprise shall file 65,048
with the tax commissioner, on a form prescribed by him THE 65,049
1432
COMMISSIONER, a statement showing the total available credit and 65,050
the portion thereof attributed to each owner. The statement 65,052
shall identify each owner by name and social security number and 65,053
shall be filed with the tax commissioner by the date prescribed 65,054
by him THE COMMISSIONER, which shall be no earlier than the 65,055
fifteenth day of the month following the close of the 65,057
enterprise's taxable year for which the credit is claimed. 65,058
(D) All state income tax OR corporation franchise tax 65,060
credits provided under this section shall be claimed in the order 65,061
required under section 5733.98 or 5747.98 of the Revised Code. 65,062
The credits, to the extent they exceed the taxpayer's tax 65,063
liability for the taxable year after allowance for any other 65,064
credits that precede the credits under this section in that 65,065
order, shall be carried forward to the next succeeding taxable 65,066
year or years until fully utilized. All corporation franchise 65,067
tax credits provided under this section shall be claimed in the 65,068
order required under section 5733.98 of the Revised Code. The 65,069
corporation franchise tax credits under this section, to the 65,070
extent they exceed the taxpayer's tax liability for the taxable 65,071
year after allowance for any other credits that precede them in 65,072
that order, shall be carried forward to the next succeeding 65,073
taxable year or years until fully utilized. All state income tax 65,074
credits provided under this section shall be claimed in the order 65,075
required under section 5747.98 of the Revised Code. The credits 65,076
under this section, to the extent they exceed the taxpayer's tax 65,077
liability for the taxable year after allowance for any other 65,078
credits that precede them in that order, shall be carried forward 65,079
to the next succeeding taxable year or years until fully 65,080
utilized. 65,081
Sec. 5709.67. (A) Except as otherwise provided in 65,090
sections 5709.61 to 5709.69 of the Revised Code, the director of 65,091
development shall administer those sections and shall adopt such 65,092
rules as are necessary to ensure that no zone is certified or 65,093
remains certified unless it meets any applicable requirements of 65,094
1433
division (A) of section 5709.61 of the Revised Code, and to 65,095
determine the number of positions attributable to an enterprise 65,096
for the purposes of division (A)(3) of section 5709.64 of the 65,097
Revised Code. The director shall assign to each zone currently 65,098
certified a unique designation by which the zone shall be 65,099
identified for purposes of administering sections 5709.61 to 65,100
5709.69 of the Revised Code. The tax commissioner shall 65,101
administer all other tax incentives provided under sections 65,102
5709.61 to 5709.69 of the Revised Code and shall adopt such rules 65,103
as are necessary to carry out that duty. No tax incentive 65,104
qualification certificate or employee tax credit certificate 65,105
shall be issued or remain in effect unless the enterprise 65,106
applying for or holding the certificate complies with all such 65,107
rules. The state director of human JOB AND FAMILY services shall 65,109
administer the incentive provided under division (B)(1) of 65,110
section 5709.66 of the Revised Code and shall adopt such rules as 65,111
are necessary to carry out that duty. No extension of benefits 65,112
certificate shall be issued or remain in effect unless the 65,113
enterprise applying for or holding the certificate complies with 65,114
all such rules.
(B) Annually the director of development shall report to 65,116
the general assembly the cost to the state of the tax and other 65,117
incentives provided under sections 5709.61 to 5709.69 of the 65,118
Revised Code, the number of tax incentive qualification 65,119
certificates, employee tax credit certificates, and extension of 65,120
benefits certificates issued, the names of the municipal 65,121
corporations and counties that have entered agreements under 65,122
sections 5709.62, 5709.63, and 5709.632 of the Revised Code, and 65,123
the number of new employees hired as a result of the tax and 65,124
other incentives provided under sections 5709.61 to 5709.69 of 65,125
the Revised Code. The report shall include a finding by the 65,126
director as to whether the incentives provided under sections 65,127
5709.61 to 5709.69 of the Revised Code have resulted in the 65,128
creation of more positions in the state than would have been 65,129
1434
created without the incentives. 65,130
(C) All forms used in connection with the administration 65,132
of sections 5709.61 to 5709.69 of the Revised Code, except forms 65,133
administered directly by the tax commissioner, by the state 65,134
director of human JOB AND FAMILY services, or by a county or 65,135
municipal corporation, are subject to review and approval by the 65,137
state forms management control center under sections 125.91 to 65,138
125.98 of the Revised Code. 65,139
Sec. 5733.04. As used in this chapter: 65,148
(A) "Issued and outstanding shares of stock" applies to 65,150
nonprofit corporations, as provided in section 5733.01 of the 65,151
Revised Code, and includes, but is not limited to, membership 65,152
certificates and other instruments evidencing ownership of an 65,153
interest in such nonprofit corporations, and with respect to a 65,154
financial institution that does not have capital stock, "issued 65,156
and outstanding shares of stock" includes, but is not limited to, 65,157
ownership interests of depositors in the capital employed in such 65,158
an institution. 65,159
(B) "Taxpayer" means a corporation subject to the tax 65,161
imposed by section 5733.06 of the Revised Code. 65,162
(C) "Resident" means a corporation organized under the 65,164
laws of this state. 65,165
(D) "Commercial domicile" means the principal place from 65,167
which the trade or business of the taxpayer is directed or 65,168
managed. 65,169
(E) "Taxable year" means the period prescribed by division 65,172
(A) of section 5733.031 of the Revised Code upon the net income 65,174
of which the value of the taxpayer's issued and outstanding 65,175
shares of stock is determined under division (B) of section 65,177
5733.05 of the Revised Code or the period prescribed by division 65,178
(A) of section 5733.031 of the Revised Code that immediately 65,180
precedes the date as of which the total value of the corporation 65,182
is determined under division (A) or (C) of section 5733.05 of the 65,183
Revised Code.
1435
(F) "Tax year" means the calendar year in and for which 65,185
the tax imposed by section 5733.06 of the Revised Code is 65,187
required to be paid.
(G) "Internal Revenue Code" means the "Internal Revenue 65,189
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended. 65,190
(H) "Federal income tax" means the income tax imposed by 65,192
the Internal Revenue Code. 65,193
(I) Except as provided in section 5733.058 of the Revised 65,195
Code, "net income" means the taxpayer's taxable income before 65,197
operating loss deduction and special deductions, as required to 65,198
be reported for the taxpayer's taxable year under the Internal 65,199
Revenue Code, subject to the following adjustments:
(1)(a) Deduct any net operating loss incurred in any 65,201
taxable years ending in 1971 or thereafter but exclusive of any 65,202
net operating loss incurred in taxable years ending prior to 65,203
January 1, 1971. This deduction shall not be allowed in any tax 65,204
year commencing before December 31, 1973, but shall be carried 65,205
over and allowed in tax years commencing after December 31, 1973, 65,206
until fully utilized in the next succeeding taxable year or years 65,207
in which the taxpayer has net income, but in no case for more 65,208
than the designated carryover period as described in division 65,209
(I)(1)(b) of this section. The amount of such net operating 65,210
loss, as determined under the allocation and apportionment 65,211
provisions of section 5733.051 and division (B) of section 65,212
5733.05 of the Revised Code for the year in which the net 65,213
operating loss occurs, shall be deducted from net income, as 65,214
determined under the allocation and apportionment provisions of 65,215
section 5733.051 and division (B) of section 5733.05 of the 65,216
Revised Code, to the extent necessary to reduce net income to 65,217
zero with the remaining unused portion of the deduction, if any, 65,218
carried forward to the remaining years of the designated 65,219
carryover period as described in division (I)(1)(b) of this 65,220
section, or until fully utilized, whichever occurs first. 65,221
(b) For losses incurred in taxable years ending on or 65,223
1436
before December 31, 1981, the designated carryover period shall 65,224
be the five consecutive taxable years after the taxable year in 65,225
which the net operating loss occurred. For losses incurred in 65,226
taxable years ending on or after January 1, 1982, the designated 65,227
carryover period shall be the fifteen consecutive taxable years 65,228
after the taxable year in which the net operating loss occurs. 65,229
(c) The tax commissioner may require a taxpayer to furnish 65,231
any information necessary to support a claim for deduction under 65,232
division (I)(1)(a) of this section and no deduction shall be 65,233
allowed unless the information is furnished. 65,234
(2) Deduct any amount included in net income by 65,236
application of section 78 or 951 of the Internal Revenue Code, 65,237
amounts received for royalties, technical or other services 65,238
derived from sources outside the United States, and dividends 65,239
received from a subsidiary, associate, or affiliated corporation 65,240
that neither transacts any substantial portion of its business 65,241
nor regularly maintains any substantial portion of its assets 65,242
within the United States. For purposes of determining net 65,243
foreign source income deductible under division (I)(2) of this 65,244
section, the amount of gross income from all such sources other 65,245
than income derived by application of section 78 or 951 of the 65,246
Internal Revenue Code shall be reduced by: 65,247
(a) The amount of any reimbursed expenses for personal 65,249
services performed by employees of the taxpayer for the 65,250
subsidiary, associate, or affiliated corporation; 65,251
(b) Ten per cent of the amount of royalty income and 65,253
technical assistance fees; 65,254
(c) Fifteen per cent of the amount of dividends and all 65,256
other income. 65,257
The amounts described in divisions (I)(2)(a) to (c) of this 65,259
section are deemed to be the expenses attributable to the 65,260
production of deductible foreign source income unless the 65,261
taxpayer shows, by clear and convincing evidence, less actual 65,262
expenses, or the tax commissioner shows, by clear and convincing 65,263
1437
evidence, more actual expenses. 65,264
(3) Add any loss or deduct any gain resulting from the 65,266
sale, exchange, or other disposition of a capital asset, or an 65,267
asset described in section 1231 of the Internal Revenue Code, to 65,268
the extent that such loss or gain occurred prior to the first 65,269
taxable year on which the tax provided for in section 5733.06 of 65,270
the Revised Code is computed on the corporation's net income. 65,271
For purposes of division (I)(3) of this section, the amount of 65,272
the prior loss or gain shall be measured by the difference 65,273
between the original cost or other basis of the asset and the 65,274
fair market value as of the beginning of the first taxable year 65,275
on which the tax provided for in section 5733.06 of the Revised 65,276
Code is computed on the corporation's net income. At the option 65,277
of the taxpayer, the amount of the prior loss or gain may be a 65,278
percentage of the gain or loss, which percentage shall be 65,279
determined by multiplying the gain or loss by a fraction, the 65,280
numerator of which is the number of months from the acquisition 65,281
of the asset to the beginning of the first taxable year on which 65,282
the fee provided in section 5733.06 of the Revised Code is 65,283
computed on the corporation's net income, and the denominator of 65,284
which is the number of months from the acquisition of the asset 65,285
to the sale, exchange, or other disposition of the asset. The 65,287
adjustments described in this division do not apply to any gain 65,288
or loss where the gain or loss is recognized by a qualifying 65,289
taxpayer, as defined in section 5733.0510 of the Revised Code, 65,290
with respect to a qualifying taxable event, as defined in that 65,292
section.
(4) Deduct the dividend received deduction provided by 65,294
section 243 of the Internal Revenue Code. 65,295
(5) Deduct any interest or interest equivalent on public 65,297
obligations and purchase obligations to the extent included in 65,298
federal taxable income. As used in divisions (I)(5) and (6) of 65,299
this section, "public obligations," "purchase obligations," and 65,300
"interest or interest equivalent" have the same meanings as in 65,301
1438
section 5709.76 of the Revised Code. 65,302
(6) Add any loss or deduct any gain resulting from the 65,304
sale, exchange, or other disposition of public obligations to the 65,305
extent included in federal taxable income. 65,306
(7) To the extent not otherwise allowed, deduct any 65,308
dividends or distributions received by a taxpayer from a public 65,309
utility, excluding an electric company, if the taxpayer owns at 65,310
least eighty per cent of the issued and outstanding common stock 65,312
of the public utility. As used in division (I)(7) of this 65,313
section, "public utility" means a public utility as defined in 65,314
Chapter 5727. of the Revised Code, whether or not the public 65,315
utility is doing business in the state.
(8) To the extent not otherwise allowed, deduct any 65,317
dividends received by a taxpayer from an insurance company, if 65,318
the taxpayer owns at least eighty per cent of the issued and 65,319
outstanding common stock of the insurance company. As used in 65,320
division (I)(8) of this section, "insurance company" means an 65,321
insurance company that is taxable under Chapter 5725. or 5729. of 65,323
the Revised Code.
(9) Deduct expenditures for modifying existing buildings 65,325
or structures to meet American national standards institute 65,326
standard A-117.1-1961 (R-1971), as amended; provided, that no 65,327
deduction shall be allowed to the extent that such deduction is 65,328
not permitted under federal law or under rules of the tax 65,329
commissioner. Those deductions as are allowed may be taken over 65,330
a period of five years. The tax commissioner shall adopt rules 65,331
under Chapter 119. of the Revised Code establishing reasonable 65,332
limitations on the extent that expenditures for modifying 65,333
existing buildings or structures are attributable to the purpose 65,334
of making the buildings or structures accessible to and usable by 65,335
physically handicapped persons. 65,336
(10) Deduct the amount of wages and salaries, if any, not 65,338
otherwise allowable as a deduction but that would have been 65,339
allowable as a deduction in computing federal taxable income 65,340
1439
before operating loss deduction and special deductions for the 65,341
taxable year, had the targeted jobs credit allowed and determined 65,342
under sections 38, 51, and 52 of the Internal Revenue Code not 65,343
been in effect. 65,344
(11) Deduct net interest income on obligations of the 65,346
United States and its territories and possessions or of any 65,347
authority, commission, or instrumentality of the United States to 65,348
the extent the laws of the United States prohibit inclusion of 65,349
the net interest for purposes of determining the value of the 65,350
taxpayer's issued and outstanding shares of stock under division 65,351
(B) of section 5733.05 of the Revised Code. As used in division 65,352
(I)(11) of this section, "net interest" means interest net of any 65,353
expenses taken on the federal income tax return that would not 65,354
have been allowed under section 265 of the Internal Revenue Code 65,355
if the interest were exempt from federal income tax. 65,356
(12)(a) Except as set forth in division (I)(12)(d) of this 65,358
section, to the extent not included in computing the taxpayer's 65,359
federal taxable income before operating loss deduction and 65,360
special deductions, add gains and deduct losses from direct or 65,361
indirect sales, exchanges, or other dispositions, made by a 65,362
related entity who is not a taxpayer, of the taxpayer's indirect, 65,363
beneficial, or constructive investment in the stock or debt of 65,364
another entity, unless the gain or loss has been included in 65,365
computing the federal taxable income before operating loss 65,366
deduction and special deductions of another taxpayer with a more 65,367
closely related investment in the stock or debt of the other 65,368
entity. The amount of gain added or loss deducted shall not 65,369
exceed the product obtained by multiplying such gain or loss by 65,370
the taxpayer's proportionate share, directly, indirectly, 65,371
beneficially, or constructively, of the outstanding stock of the 65,372
related entity immediately prior to the direct or indirect sale, 65,373
exchange, or other disposition. 65,374
(b) Except as set forth in division (I)(12)(e) of this 65,376
section, to the extent not included in computing the taxpayer's 65,377
1440
federal taxable income before operating loss deduction and 65,378
special deductions, add gains and deduct losses from direct or 65,379
indirect sales, exchanges, or other dispositions made by a 65,380
related entity who is not a taxpayer, of intangible property 65,381
other than stock, securities, and debt, if such property was 65,382
owned, or used in whole or in part, at any time prior to or at 65,383
the time of the sale, exchange, or disposition by either the 65,384
taxpayer or by a related entity that was a taxpayer at any time 65,385
during the related entity's ownership or use of such property, 65,386
unless the gain or loss has been included in computing the 65,387
federal taxable income before operating loss deduction and 65,388
special deductions of another taxpayer with a more closely 65,389
related ownership or use of such intangible property. The 65,390
amount of gain added or loss deducted shall not exceed the 65,391
product obtained by multiplying such gain or loss by the 65,392
taxpayer's proportionate share, directly, indirectly, 65,393
beneficially, or constructively, of the outstanding stock of the 65,394
related entity immediately prior to the direct or indirect sale, 65,395
exchange, or other disposition. 65,396
(c) As used in division (I)(12) of this section, "related 65,398
entity" means those entities described in divisions (I)(12)(c)(i) 65,399
to (iii) of this section: 65,400
(i) An individual stockholder, or a member of the 65,402
stockholder's family enumerated in section 318 of the Internal 65,403
Revenue Code, if the stockholder and the members of the 65,404
stockholder's family own, directly, indirectly, beneficially, or 65,405
constructively, in the aggregate, at least fifty per cent of the 65,406
value of the taxpayer's outstanding stock; 65,407
(ii) A stockholder, or a stockholder's partnership, 65,409
estate, trust, or corporation, if the stockholder and the 65,410
stockholder's partnerships, estates, trusts, and corporations own 65,411
directly, indirectly, beneficially, or constructively, in the 65,412
aggregate, at least fifty per cent of the value of the taxpayer's 65,413
outstanding stock; 65,414
1441
(iii) A corporation, or a party related to the corporation 65,416
in a manner that would require an attribution of stock from the 65,417
corporation to the party or from the party to the corporation 65,418
under division (I)(12)(c)(iv) of this section, if the taxpayer 65,419
owns, directly, indirectly, beneficially, or constructively, at 65,420
least fifty per cent of the value of the corporation's 65,421
outstanding stock. 65,422
(iv) The attribution rules of section 318 of the Internal 65,424
Revenue Code apply for purposes of determining whether the 65,425
ownership requirements in divisions (I)(12)(c)(i) to (iii) of 65,426
this section have been met. 65,427
(d) For purposes of the adjustments required by division 65,429
(I)(12)(a) of this section, the term "investment in the stock or 65,430
debt of another entity" means only those investments where the 65,431
taxpayer and the taxpayer's related entities directly, 65,432
indirectly, beneficially, or constructively own, in the 65,433
aggregate, at any time during the twenty-four month period 65,434
commencing one year prior to the direct or indirect sale, 65,435
exchange, or other disposition of such investment at least fifty 65,436
per cent or more of the value of either the outstanding stock or 65,437
such debt of such other entity. 65,438
(e) For purposes of the adjustments required by division 65,440
(I)(12)(b) of this section, the term "related entity" excludes 65,441
all of the following: 65,442
(i) Foreign corporations as defined in section 7701 of the 65,444
Internal Revenue Code; 65,445
(ii) Foreign partnerships as defined in section 7701 of 65,447
the Internal Revenue Code; 65,448
(iii) Corporations, partnerships, estates, and trusts 65,450
created or organized in or under the laws of the Commonwealth of 65,451
Puerto Rico or any possession of the United States; 65,452
(iv) Foreign estates and foreign trusts as defined in 65,454
section 7701 of the Internal Revenue Code. 65,455
The exclusions described in divisions (I)(12)(e)(i) to (iv) 65,457
1442
of this section do not apply if the corporation, partnership, 65,458
estate, or trust is described in any one of divisions (C)(1) to 65,459
(5) of section 5733.042 of the Revised Code. 65,460
(f) Nothing in division (I)(12) of this section shall 65,462
require or permit a taxpayer to add any gains or deduct any 65,463
losses described in divisions (I)(12)(f)(i) and (ii) of this 65,464
section: 65,465
(i) Gains or losses recognized for federal income tax 65,467
purposes by an individual, estate, or trust without regard to the 65,468
attribution rules described in division (I)(12)(c) of this 65,469
section; 65,470
(ii) A related entity's gains or losses described in 65,472
division (I)(12)(b) if the taxpayer's ownership of or use of such 65,473
intangible property was limited to a period not exceeding nine 65,474
months and was attributable to a transaction or a series of 65,475
transactions executed in accordance with the election or 65,476
elections made by the taxpayer or a related entity pursuant to 65,477
section 338 of the Internal Revenue Code. 65,478
(13) Any adjustment required by section 5733.042 of the 65,480
Revised Code. 65,481
(14) Add any amount claimed as a credit under section 65,484
5733.0611 of the Revised Code to the extent that such amount 65,487
satisfies either of the following:
(a) It was deducted or excluded from the computation of 65,489
the corporation's taxable income before operating loss deduction 65,491
and special deductions as required to be reported for the 65,492
corporation's taxable year under the Internal Revenue Code; 65,495
(b) It resulted in a reduction of the corporation's 65,497
taxable income before operating loss deduction and special 65,499
deductions as required to be reported for any of the 65,500
corporation's taxable years under the Internal Revenue Code. 65,503
(15) Deduct the amount contributed by the taxpayer to an 65,506
individual development account program established by a county 65,507
department of human JOB AND FAMILY services pursuant to sections 65,509
1443
329.11 to 329.14 of the Revised Code for the purpose of matching 65,512
funds deposited by program participants. On request of the tax 65,513
commissioner, the taxpayer shall provide any information that, in 65,514
the tax commissioner's opinion, is necessary to establish the 65,515
amount deducted under division (I)(15) of this section. 65,516
(16) Any adjustment required by section 5733.0510 of the 65,518
Revised Code. 65,519
(J) Any term used in this chapter has the same meaning as 65,521
when used in comparable context in the laws of the United States 65,522
relating to federal income taxes unless a different meaning is 65,523
clearly required. Any reference in this chapter to the Internal 65,524
Revenue Code includes other laws of the United States relating to 65,525
federal income taxes. 65,526
(K) "Financial institution" has the meaning given by 65,528
section 5725.01 of the Revised Code but does not include a 65,530
production credit association as described in 85 Stat. 597, 12 65,531
U.S.C.A. 2091. 65,533
(L)(1) A "qualifying holding company" is any corporation 65,536
satisfying all of the following requirements: 65,537
(a) Subject to divisions (L)(2) and (3) of this section, 65,540
the net book value of the corporation's intangible assets is 65,541
greater than or equal to ninety per cent of the net book value of 65,542
all of its assets and at least fifty per cent of the net book 65,543
value of all of its assets represents direct or indirect 65,544
investments in the equity of, loans and advances to, and accounts 65,546
receivable due from related members;
(b) At least ninety per cent of the corporation's gross 65,549
income for the taxable year is attributable to the following: 65,550
(i) The maintenance, management, ownership, acquisition, 65,552
use, and disposition of its intangible property, its aircraft the 65,554
use of which is not subject to regulation under 14 C.F.R. part 65,556
121 or part 135, and any real property described in division 65,557
(L)(2)(c) of this section; 65,559
(ii) The collection and distribution of income from such 65,562
1444
property.
(c) The corporation is not a financial institution on the 65,565
last day of the taxable year ending prior to the first day of the 65,567
tax year;
(d) The corporation's related members make a good faith 65,570
and reasonable effort to make timely and fully the adjustments 65,571
required by division (C)(2) of section 5733.05 of the Revised 65,573
Code and to pay timely and fully all uncontested taxes, interest, 65,574
penalties, and other fees and charges imposed under this chapter; 65,575
(e) Subject to division (L)(4) of this section, the 65,578
corporation elects to be treated as a qualifying holding company 65,579
for the tax year. 65,580
A corporation otherwise satisfying divisions (L)(1)(a) to 65,584
(e) of this section that does not elect to be a qualifying 65,585
holding company is not a qualifying holding company for the 65,586
purposes of this chapter.
(2)(a)(i) For purposes of making the ninety per cent 65,589
computation under division (L)(1)(a) of this section, the net 65,592
book value of the corporation's assets shall not include the net 65,593
book value of aircraft or real property described in division 65,594
(L)(1)(b)(i) of this section. 65,596
(ii) For purposes of making the fifty per cent computation 65,599
under division (L)(1)(a) of this section, the net book value of 65,601
assets shall include the net book value of aircraft or real 65,602
property described in division (L)(1)(b)(i) of this section. 65,605
(b)(i) As used in division (L) of this section, 65,608
"intangible asset" includes, but is not limited to, the 65,609
corporation's direct interest in each pass-through entity only if 65,610
at all times during the corporation's taxable year ending prior 65,611
to the first day of the tax year the corporation's and the 65,612
corporation's related members' combined direct and indirect 65,613
interests in the capital or profits of such pass-through entity 65,614
do not exceed fifty per cent. If the corporation's interest in 65,615
the pass-through entity is an intangible asset for that taxable 65,616
1445
year, then the distributive share of any income from the 65,617
pass-through entity shall be income from an intangible asset for 65,618
that taxable year.
(ii) If a corporation's and the corporation's related 65,621
members' combined direct and indirect interests in the capital or 65,622
profits of a pass-through entity exceed fifty per cent at any 65,623
time during the corporation's taxable year ending prior to the 65,624
first day of the tax year, "intangible asset" does not include 65,625
the corporation's direct interest in the pass-through entity, and 65,626
the corporation shall include in its assets its proportionate 65,627
share of the assets of any such pass-through entity and shall 65,628
include in its gross income its distributive share of the gross 65,629
income of such pass-through entity in the same form as was earned 65,630
by the pass-through entity. 65,631
(iii) A pass-through entity's direct or indirect 65,634
proportionate share of any other pass-through entity's assets 65,635
shall be included for the purpose of computing the corporation's 65,636
proportionate share of the pass-through entity's assets under 65,637
division (L)(2)(b)(ii) of this section, and such pass-through 65,639
entity's distributive share of any other pass-through entity's 65,640
gross income shall be included for purposes of computing the 65,641
corporation's distributive share of the pass-through entity's 65,642
gross income under division (L)(2)(b)(ii) of this section. 65,645
(c) For the purposes of divisions (L)(1)(b)(i), 65,648
(1)(b)(ii), (2)(a)(i), and (2)(a)(ii) of this section, real 65,651
property is described in division (L)(2)(c) of this section only 65,653
if all of the following conditions are present at all times 65,654
during the taxable year ending prior to the first day of the tax 65,655
year:
(i) The real property serves as the headquarters of the 65,658
corporation's trade or business, or is the place from which the 65,659
corporation's trade or business is principally managed or 65,660
directed;
(ii) Not more than ten per cent of the value of the real 65,663
1446
property and not more than ten per cent of the square footage of 65,664
the building or buildings that are part of the real property is
used, made available, or occupied for the purpose of providing, 65,665
acquiring, transferring, selling, or disposing of tangible 65,667
property or services in the normal course of business to persons 65,668
other than related members, the corporation's employees and their 65,669
families, and such related members' employees and their families. 65,670
(d) As used in division (L) of this section, "related 65,672
member" has the same meaning as in division (A)(6) of section 65,675
5733.042 of the Revised Code without regard to division (B) of 65,678
that section.
(3) The percentages described in division (L)(1)(a) of 65,682
this section shall be equal to the quarterly average of those 65,683
percentages as calculated during the corporation's taxable year 65,684
ending prior to the first day of the tax year. 65,685
(4) With respect to the election described in division 65,687
(L)(1)(e) of this section: 65,689
(a) The election need not accompany a timely filed report; 65,692
(b) The election need not accompany the report; rather, 65,694
the election may accompany a subsequently filed but timely 65,695
application for refund and timely amended report, or a 65,697
subsequently filed but timely petition for reassessment; 65,698
(c) The election is not irrevocable; 65,701
(d) The election applies only to the tax year specified by 65,704
the corporation;
(e) The corporation's related members comply with division 65,706
(L)(1)(d) of this section. 65,707
Nothing in division (L)(4) of this section shall be 65,710
construed to extend any statute of limitations set forth in this 65,711
chapter. 65,712
(M) "Qualifying controlled group" means two or more 65,715
corporations that satisfy the ownership and control requirements 65,716
of division (A) of section 5733.052 of the Revised Code. 65,719
(N) "Limited liability company" means any limited 65,721
1447
liability company formed under Chapter 1705. of the Revised Code 65,723
or under the laws of any other state.
(O) "Pass-through entity" means a corporation that has 65,726
made an election under subchapter S of Chapter 1 of Subtitle A of 65,728
the Internal Revenue Code for its taxable year under that code, 65,731
or a partnership, limited liability company, or any other person, 65,732
other than an individual, trust, or estate, if the partnership, 65,733
limited liability company, or other person is not classified for 65,734
federal income tax purposes as an association taxed as a 65,735
corporation. 65,736
(P) "Electric company" and "combined company" have the 65,738
same meanings as in section 5727.01 of the Revised Code. 65,740
Sec. 5733.33. (A) As used in this section: 65,749
(1) "Manufacturing machinery and equipment" means engines 65,751
and machinery, and tools and implements, of every kind used, or 65,752
designed to be used, in refining and manufacturing. 65,753
"Manufacturing machinery and equipment" does not include property 65,754
acquired after December 31, 1999, that is used: 65,755
(a) For the transmission and distribution of electricity; 65,757
(b) For the generation of electricity if fifty per cent or 65,759
more of the electricity that the property generates is consumed, 65,760
during the one-hundred-twenty-month period commencing with the 65,762
date the property is placed in service, by persons that are not 65,763
related members to the person who generates the electricity. 65,764
(2) "New manufacturing machinery and equipment" means 65,766
manufacturing machinery and equipment, the original use in this 65,767
state of which commences with the taxpayer or with a partnership 65,768
of which the taxpayer is a partner. "New manufacturing machinery 65,770
and equipment" does not include property acquired after December 65,771
31, 1999, that is used:
(a) For the transmission and distribution of electricity; 65,773
(b) For the generation of electricity if fifty per cent or 65,775
more of the electricity that the property generates is consumed, 65,776
during the one-hundred-twenty-month period commencing with the 65,778
1448
date the property is placed in service, by persons that are not 65,779
related members to the person who generates the electricity. 65,780
(3)(a) "Purchase" has the same meaning as in section 65,782
179(d)(2) of the Internal Revenue Code. 65,783
(b) For purposes of this section, any property that is not 65,786
manufactured or assembled primarily by the taxpayer is considered 65,787
purchased at the time the agreement to acquire the property 65,789
becomes binding. Any property that is manufactured or assembled 65,790
primarily by the taxpayer is considered purchased at the time the 65,791
taxpayer places the property in service in the county for which
the taxpayer will calculate the county excess amount. 65,792
(c) Notwithstanding section 179(d) of the Internal Revenue 65,794
Code, a taxpayer's direct or indirect acquisition of new 65,795
manufacturing machinery and equipment is not purchased on or 65,796
after July 1, 1995, if the taxpayer, or a person whose 65,797
relationship to the taxpayer is described in subparagraphs (A), 65,798
(B), or (C) of section 179(d)(2) of the Internal Revenue Code, 65,799
had directly or indirectly entered into a binding agreement to 65,800
acquire the property at any time prior to July 1, 1995. 65,801
(4) "Qualifying period" means the period that begins July 65,803
1, 1995, and ends December 31, 2005. 65,804
(5) "County average new manufacturing machinery and 65,806
equipment investment" means either of the following: 65,807
(a) The average annual cost of new manufacturing machinery 65,810
and equipment purchased for use in the county during baseline 65,811
years, in the case of a taxpayer or partnership that was in 65,812
existence for more than one year during baseline years. 65,813
(b) Zero, in the case of a taxpayer or partnership that 65,815
was not in existence for more than one year during baseline 65,816
years. 65,817
(6) "Partnership" includes a limited liability company 65,820
formed under Chapter 1705. of the Revised Code or under the laws 65,822
of any other state, provided that the company is not classified 65,823
for federal income tax purposes as an association taxable as a 65,824
1449
corporation. 65,825
(7) "Partner" includes a member of a limited liability 65,827
company formed under Chapter 1705. of the Revised Code or under 65,829
the laws of any other state, provided that the company is not 65,830
classified for federal income tax purposes as an association 65,831
taxable as a corporation. 65,832
(8) "Distressed area" means either a municipal corporation 65,834
that has a population of at least fifty thousand or a county that 65,836
meets two of the following criteria of economic distress, or a 65,837
municipal corporation the majority of the population of which is 65,838
situated in such a county:
(a) Its average rate of unemployment, during the most 65,841
recent five-year period for which data are available, is equal to 65,842
at least one hundred twenty-five per cent of the average rate of 65,843
unemployment for the United States for the same period;
(b) It has a per capita income equal to or below eighty 65,846
per cent of the median county per capita income of the United 65,847
States as determined by the most recently available figures from 65,848
the United States census bureau; 65,849
(c)(i) In the case of a municipal corporation, at least 65,852
twenty per cent of the residents have a total income for the most 65,853
recent census year that is below the official poverty line; 65,854
(ii) In the case of a county, in intercensal years, the 65,857
county has a ratio of transfer payment income to total county 65,858
income equal to or greater than twenty-five per cent. 65,859
(9) "Eligible area" means a distressed area, a labor 65,861
surplus area, an inner city area, or a situational distress area. 65,863
(10) "Inner city area" means, in a municipal corporation 65,865
that has a population of at least one hundred thousand and does 65,866
not meet the criteria of a labor surplus area or a distressed 65,867
area, targeted investment areas established by the municipal 65,868
corporation within its boundaries that are comprised of the most 65,869
recent census block tracts that individually have at least twenty 65,870
per cent of their population at or below the state poverty level 65,871
1450
or other census block tracts contiguous to such census block 65,872
tracts.
(11) "Labor surplus area" means an area designated as a 65,874
labor surplus area by the United States department of labor. 65,876
(12) "Official poverty line" has the same meaning as in 65,878
division (A) of section 3923.51 of the Revised Code. 65,879
(13) "Situational distress area" means a county or a 65,881
municipal corporation that has experienced or is experiencing a 65,882
closing or downsizing of a major employer, that will adversely 65,883
affect the county's or municipal corporation's economy. In order 65,885
to be designated as a situational distress area for a period not 65,886
to exceed thirty-six months, the county or municipal corporation 65,887
may petition the director of development. The petition shall 65,888
include written documentation that demonstrates all of the 65,889
following adverse effects on the local economy: 65,890
(a) The number of jobs lost by the closing or downsizing; 65,892
(b) The impact that the job loss has on the county's or 65,895
municipal corporation's unemployment rate as measured by the Ohio 65,896
bureau STATE DIRECTOR of employment JOB AND FAMILY services; 65,897
(c) The annual payroll associated with the job loss; 65,899
(d) The amount of state and local taxes associated with 65,901
the job loss;
(e) The impact that the closing or downsizing has on the 65,903
suppliers located in the county or municipal corporation. 65,904
(14) "Cost" has the same meaning and limitation as in 65,906
section 179(d)(3) of the Internal Revenue Code. 65,907
(15) "Baseline years" means: 65,909
(a) Calendar years 1992, 1993, and 1994, with regard to a 65,911
credit claimed for the purchase during calendar year 1995, 1996, 65,912
1997, or 1998 of new manufacturing machinery and equipment; 65,913
(b) Calendar years 1993, 1994, and 1995, with regard to a 65,915
credit claimed for the purchase during calendar year 1999 of new 65,916
manufacturing machinery and equipment; 65,917
(c) Calendar years 1994, 1995, and 1996, with regard to a 65,919
1451
credit claimed for the purchase during calendar year 2000 of new 65,920
manufacturing machinery and equipment; 65,921
(d) Calendar years 1995, 1996, and 1997, with regard to a 65,923
credit claimed for the purchase during calendar year 2001 of new 65,924
manufacturing machinery and equipment; 65,925
(e) Calendar years 1996, 1997, and 1998, with regard to a 65,927
credit claimed for the purchase during calendar year 2002 of new 65,928
manufacturing machinery and equipment; 65,929
(f) Calendar years 1997, 1998, and 1999, with regard to a 65,931
credit claimed for the purchase during calendar year 2003 of new 65,932
manufacturing machinery and equipment; 65,933
(g) Calendar years 1998, 1999, and 2000, with regard to a 65,935
credit claimed for the purchase during calendar year 2004 of new 65,936
manufacturing machinery and equipment; 65,937
(h) Calendar years 1999, 2000, and 2001, with regard to a 65,939
credit claimed for the purchase during calendar year 2005 of new 65,940
manufacturing machinery and equipment; 65,941
(16) "Related member" has the same meaning as in section 65,943
5733.042 of the Revised Code. 65,944
(B)(1) Subject to division (I)(J) of this section, a 65,946
nonrefundable credit is allowed against the tax imposed by 65,948
section 5733.06 of the Revised Code for a taxpayer that purchases 65,949
new manufacturing machinery and equipment during the qualifying 65,950
period, provided that the new manufacturing machinery and 65,951
equipment are installed in this state no later than December 31, 65,953
2006.
(2) The credit is also available to a taxpayer that is a 65,955
partner in a partnership that purchases new manufacturing 65,956
machinery and equipment during the qualifying period, provided 65,957
that the partnership installs the new manufacturing machinery and 65,958
equipment in this state no later than December 31, 2006. The 65,959
taxpayer shall determine the credit amount as provided in 65,961
division (H) of this section.
(3)(a) Except as otherwise provided in division (B)(3)(b) 65,963
1452
of this section, a credit may be claimed under this section in 65,964
excess of one million dollars only if the cost of all 65,965
manufacturing machinery and equipment owned in this state by the 65,966
taxpayer claiming the credit on the last day of the calendar year 65,967
exceeds the cost of all manufacturing machinery and equipment 65,968
owned in this state by the taxpayer on the first day of that 65,969
calendar year.
As used in division (B)(3)(a) of this section, "calendar 65,972
year" means the calendar year in which the machinery and
equipment for which the credit is claimed was purchased. 65,973
(b) Division (B)(3)(a) of this section does not apply if 65,976
the taxpayer claiming the credit applies for and is issued a 65,977
waiver of the requirement of that division. A taxpayer may apply 65,978
to the director of development for such a waiver in the manner 65,979
prescribed by the director, and the director may issue such a 65,980
waiver if the director determines that granting the credit is 65,981
necessary to increase or retain employees in this state, and that 65,983
the credit has not caused relocation of manufacturing machinery 65,984
and equipment among counties within this state for the primary 65,985
purpose of qualifying for the credit. 65,986
(C)(1) Except as otherwise provided in division (C)(2) and 65,989
division (I)(J) of this section, the credit amount is equal to 65,990
seven and one-half per cent of the excess of the cost of the new
manufacturing machinery and equipment purchased during the 65,992
calendar year for use in a county over the county average new 65,993
manufacturing machinery and equipment investment for that county. 65,994
(2) Subject to division (I)(J) of this section, as used in 65,997
division (C)(2) of this section, "county excess" means the 65,998
taxpayer's excess cost for a county as computed under division 66,000
(C)(1) of this section.
Subject to division (I)(J) of this section, a taxpayer with 66,003
a county excess, whose purchases included purchases for use in 66,004
any eligible area in the county, the credit amount is equal to 66,005
thirteen and one-half per cent of the cost of the new 66,006
1453
manufacturing machinery and equipment purchased during the 66,007
calendar year for use in the eligible areas in the county, 66,008
provided that the cost subject to the thirteen and one-half per 66,009
cent rate shall not exceed the county excess. If the county 66,010
excess is greater than the cost of the new manufacturing 66,011
machinery and equipment purchased during the calendar year for 66,013
use in eligible areas in the county, the credit amount also shall 66,014
include an amount equal to seven and one-half per cent of the 66,015
amount of the difference.
(3) If a taxpayer is allowed a credit for purchases of new 66,017
manufacturing machinery and equipment in more than one county or 66,018
eligible area, it shall aggregate the amount of those credits 66,019
each year.
(4) The taxpayer shall claim one-seventh of the credit 66,021
amount for the tax year immediately following the calendar year 66,022
in which the new manufacturing machinery and equipment is 66,023
purchased for use in the county by the taxpayer or partnership. 66,025
One-seventh of the taxpayer credit amount is allowed for each of 66,026
the six ensuing tax years. Except for carried-forward amounts, 66,027
the taxpayer is not allowed any credit amount remaining if the 66,028
new manufacturing machinery and equipment is sold by the taxpayer 66,030
or partnership or is transferred by the taxpayer or partnership 66,031
out of the county before the end of the seven-year period unless, 66,032
at the time of the sale or transfer, the new manufacturing
machinery and equipment has been fully depreciated for federal 66,033
income tax purposes. 66,034
(5)(a) A taxpayer that acquires manufacturing machinery 66,036
and equipment as a result of a merger with the taxpayer with whom 66,038
commenced the original use in this state of the manufacturing 66,039
machinery and equipment, or with a taxpayer that was a partner in 66,040
a partnership with whom commenced the original use in this state 66,041
of the manufacturing machinery and equipment, is entitled to any 66,042
remaining or carried-forward credit amounts to which the taxpayer 66,043
was entitled.
1454
(b) A taxpayer that enters into an agreement under 66,045
division (C)(3) of section 5709.62 of the Revised Code and that 66,046
acquires manufacturing machinery or equipment as a result of 66,048
purchasing a large manufacturing facility, as defined in section
5709.61 of the Revised Code, from another taxpayer with whom 66,049
commenced the original use in this state of the manufacturing 66,051
machinery or equipment, and that operates the large manufacturing 66,052
facility so purchased, is entitled to any remaining or
carried-forward credit amounts to which the other taxpayer who 66,053
sold the facility would have been entitled under this section had 66,055
the other taxpayer not sold the manufacturing facility or 66,056
equipment.
(c) New manufacturing machinery and equipment is not 66,059
considered sold if a pass-through entity transfers to another 66,060
pass-through entity substantially all of its assets as part of a 66,061
plan of reorganization under which substantially all gain and 66,062
loss is not recognized by the pass-through entity that is 66,063
transferring the new manufacturing machinery and equipment to the 66,064
transferee and under which the transferee's basis in the new
manufacturing machinery and equipment is determined, in whole or 66,065
in part, by reference to the basis of the pass-through entity 66,066
which transferred the new manufacturing machinery and equipment 66,067
to the transferee. 66,068
(d) Division (C)(5) of this section shall apply only if 66,070
the acquiring taxpayer or transferee does not sell the new 66,072
manufacturing machinery and equipment or transfer the new 66,073
manufacturing machinery and equipment out of the county before 66,074
the end of the seven-year period to which division (C)(4) of this 66,075
section refers.
(e) Division (C)(5)(b) of this section applies only to the 66,078
extent that the taxpayer that sold the manufacturing machinery or 66,079
equipment, upon request, timely provides to the tax commissioner 66,080
any information that the tax commissioner considers to be 66,081
necessary to ascertain any remaining or carried-forward amounts 66,082
1455
to which the taxpayer that sold the facility would have been 66,083
entitled under this section had the taxpayer not sold the 66,084
manufacturing machinery or equipment. Nothing in division 66,085
(C)(5)(b) or (e) of this section shall be construed to allow a 66,087
taxpayer to claim any credit amount with respect to the acquired 66,088
manufacturing machinery or equipment that is greater than the 66,089
amount that would have been available to the other taxpayer that 66,090
sold the manufacturing machinery or equipment had the other 66,091
taxpayer not sold the manufacturing machinery or equipment. 66,092
(D) The taxpayer shall claim the credit in the order 66,095
required under section 5733.98 of the Revised Code. Each year, 66,096
any credit amount in excess of the tax due under section 5733.06 66,097
of the Revised Code after allowing for any other credits that 66,099
precede the credit under this section in that order may be 66,100
carried forward for three tax years. 66,101
(E) A taxpayer purchasing new manufacturing machinery and 66,104
equipment and intending to claim the credit shall file, with the 66,105
department of development, a notice of intent to claim the credit 66,106
on a form prescribed by the department of development. The 66,107
department of development shall inform the tax commissioner of 66,108
the notice of intent to claim the credit. 66,109
(F) The director of development shall annually certify, by 66,112
the first day of January of each year during the qualifying 66,113
period, the eligible areas for the tax credit for the calendar 66,114
year that includes that first day of January. The director shall 66,115
send a copy of the certification to the tax commissioner. 66,116
(G) New manufacturing machinery and equipment for which a 66,118
taxpayer claims the credit under section 5733.31, 5733.311, 66,120
5747.26, or 5747.261 of the Revised Code shall not be considered 66,122
new manufacturing machinery and equipment for purposes of the 66,123
credit under this section.
(H)(1) With regard to a taxpayer that is a partner in a 66,125
partnership, the county average new manufacturing machinery and 66,126
equipment investment shall be determined based on the number of 66,127
1456
years, if any, the partnership was in existence during baseline 66,128
years. In determining the county average new manufacturing 66,129
machinery and equipment investment, the excess of the cost of new 66,130
manufacturing machinery and equipment purchased during the 66,131
calendar year, and all other amounts necessary to calculate the
credit allowed by this section, the taxpayer shall include the 66,132
taxpayer's proportionate share of the cost of new manufacturing 66,134
machinery and equipment purchased by a partnership in which the 66,135
corporation had a direct or indirect investment during the 66,136
calendar year prior to the first day of a tax year for which the 66,137
taxpayer is claiming the credit. These determinations and 66,138
calculations shall be made for the taxpayer's calendar year 66,139
during which the partnership made the purchase. 66,140
(2) Nothing in this section shall be construed to limit or 66,142
disallow pass-through treatment of a pass-through entity's 66,143
income, deductions, credits, or other amounts necessary to 66,144
compute the tax imposed by section 5733.06 of the Revised Code 66,145
and the credits allowed by this chapter. 66,146
(I)(1) Notwithstanding sections 5733.11 and 5747.13 of the 66,149
Revised Code, but subject to division (I)(2) of this section, the 66,151
tax commissioner may issue an assessment against a person with
respect to a credit claimed under this section for new 66,152
manufacturing machinery and equipment described in division 66,153
(A)(1)(b) or (2)(b) of this section, if the machinery or 66,155
equipment subsequently does not qualify for the credit. 66,156
(2) Division (I)(1) of this section shall not apply after 66,158
the twenty-fourth month following the last day of the period 66,159
described in divisions (A)(1)(b) and (2)(b) of this section. 66,162
(I)(J) In the case of a taxpayer having a related member 66,164
or a group of taxpayers having a related member, the credit 66,165
available under this section to the taxpayer or group of 66,166
taxpayers shall be computed as if the taxpayer or all taxpayers 66,167
of the group and all such related members were a consolidated, 66,168
single taxpayer. The credit shall be allocated to such taxpayer 66,169
1457
or to such group of taxpayers in any amount elected for the 66,170
taxable year by the taxpayer or group. Such election shall be 66,171
revocable and amendable during the period described in division 66,172
(B) of section 5733.12 of the Revised Code with respect to the 66,173
tax imposed by section 5733.06 of the Revised Code and the period
described in division (B) of section 5747.11 of the Revised Code 66,175
with respect to the tax imposed by section 5747.02 of the Revised 66,176
Code. Nothing in this section shall be construed to treat as a 66,178
purchase the acquisition of new manufacturing machinery and
equipment if such purchase would not qualify as a purchase of new 66,180
manufacturing machinery and equipment without regard to the
consolidation requirement set forth in this section. 66,181
Sec. 5747.01. Except as otherwise expressly provided or 66,190
clearly appearing from the context, any term used in this chapter 66,191
has the same meaning as when used in a comparable context in the 66,192
Internal Revenue Code, and all other statutes of the United 66,193
States relating to federal income taxes. 66,194
As used in this chapter: 66,196
(A) "Adjusted gross income" or "Ohio adjusted gross 66,198
income" means adjusted gross income as defined and used in the 66,199
Internal Revenue Code, adjusted as provided in this section: 66,200
(1) Add interest or dividends on obligations or securities 66,202
of any state or of any political subdivision or authority of any 66,203
state, other than this state and its subdivisions and 66,204
authorities.
(2) Add interest or dividends on obligations of any 66,206
authority, commission, instrumentality, territory, or possession 66,207
of the United States that are exempt from federal income taxes 66,208
but not from state income taxes. 66,209
(3) Deduct interest or dividends on obligations of the 66,211
United States and its territories and possessions or of any 66,212
authority, commission, or instrumentality of the United States to 66,213
the extent included in federal adjusted gross income but exempt 66,214
from state income taxes under the laws of the United States. 66,215
1458
(4) Deduct disability and survivor's benefits to the 66,217
extent included in federal adjusted gross income. 66,218
(5) Deduct benefits under Title II of the Social Security 66,220
Act and tier 1 railroad retirement benefits to the extent 66,221
included in federal adjusted gross income under section 86 of the 66,222
Internal Revenue Code. 66,223
(6) Add, in the case of a taxpayer who is a beneficiary of 66,225
a trust that makes an accumulation distribution as defined in 66,226
section 665 of the Internal Revenue Code, the portion, if any, of 66,227
such distribution that does not exceed the undistributed net 66,228
income of the trust for the three taxable years preceding the 66,229
taxable year in which the distribution is made. "Undistributed 66,230
net income of a trust" means the taxable income of the trust 66,231
increased by (a)(i) the additions to adjusted gross income 66,232
required under division (A) of this section and (ii) the personal 66,233
exemptions allowed to the trust pursuant to section 642(b) of the 66,234
Internal Revenue Code, and decreased by (b)(i) the deductions to 66,235
adjusted gross income required under division (A) of this 66,236
section, (ii) the amount of federal income taxes attributable to 66,237
such income, and (iii) the amount of taxable income that has been 66,238
included in the adjusted gross income of a beneficiary by reason 66,239
of a prior accumulation distribution. Any undistributed net 66,240
income included in the adjusted gross income of a beneficiary 66,241
shall reduce the undistributed net income of the trust commencing 66,242
with the earliest years of the accumulation period. 66,243
(7) Deduct the amount of wages and salaries, if any, not 66,245
otherwise allowable as a deduction but that would have been 66,246
allowable as a deduction in computing federal adjusted gross 66,247
income for the taxable year, had the targeted jobs credit allowed 66,248
and determined under sections 38, 51, and 52 of the Internal 66,249
Revenue Code not been in effect. 66,250
(8) Deduct any interest or interest equivalent on public 66,252
obligations and purchase obligations to the extent included in 66,253
federal adjusted gross income. 66,254
1459
(9) Add any loss or deduct any gain resulting from the 66,256
sale, exchange, or other disposition of public obligations to the 66,257
extent included in federal adjusted gross income. 66,258
(10) Regarding tuition credits purchased under Chapter 66,260
3334. of the Revised Code: 66,261
(a) Deduct the following: 66,263
(i) For credits that as of the end of the taxable year 66,266
have not been refunded pursuant to the termination of a tuition
payment contract under section 3334.10 of the Revised Code, the 66,268
amount of income related to the credits, to the extent included 66,269
in federal adjusted gross income;
(ii) For credits that during the taxable year have been 66,272
refunded pursuant to the termination of a tuition payment
contract under section 3334.10 of the Revised Code, the excess of 66,273
the total purchase price of the tuition credits refunded over the 66,274
amount of refund, to the extent the amount of the excess was not 66,275
deducted in determining federal adjusted gross income. 66,276
(b) Add the following: 66,278
(i) For credits that as of the end of the taxable year 66,281
have not been refunded pursuant to the termination of a tuition
payment contract under section 3334.10 of the Revised Code, the 66,282
amount of loss related to the credits, to the extent the amount 66,283
of the loss was deducted in determining federal adjusted gross 66,284
income;
(ii) For credits that during the taxable year have been 66,287
refunded pursuant to the termination of a tuition payment
contract under section 3334.10 of the Revised Code, the excess of 66,289
the amount of refund over the purchase price of each tuition 66,290
credit refunded, to the extent not included in federal adjusted 66,291
gross income.
(11)(a) Deduct, to the extent not otherwise allowable as a 66,293
deduction or exclusion in computing federal or Ohio adjusted 66,294
gross income for the taxable year, the amount the taxpayer paid 66,295
during the taxable year for medical care insurance and qualified 66,296
1460
long-term care insurance for the taxpayer, the taxpayer's spouse, 66,297
and dependents. No deduction for medical care insurance under 66,298
division (A)(11) of this section shall be allowed either to any
taxpayer who is eligible to participate in any subsidized health 66,299
plan maintained by any employer of the taxpayer or of the 66,300
taxpayer's spouse, or to any taxpayer who is entitled to, or on 66,301
application would be entitled to, benefits under part A of Title 66,302
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 66,303
U.S.C. 301, as amended. For the purposes of division (A)(11)(a) 66,304
of this section, "subsidized health plan" means a health plan for 66,305
which the employer pays any portion of the plan's cost. The 66,306
deduction allowed under division (A)(11)(a) of this section shall 66,307
be the net of any related premium refunds, related premium 66,308
reimbursements, or related insurance premium dividends received 66,309
during the taxable year. 66,310
(b) Deduct, to the extent not otherwise deducted or 66,312
excluded in computing federal or Ohio adjusted gross income 66,313
during the taxable year, the amount the taxpayer paid during the 66,314
taxable year, not compensated for by any insurance or otherwise, 66,315
for medical care of the taxpayer, the taxpayer's spouse, and 66,316
dependents, to the extent the expenses exceed seven and one-half 66,317
per cent of the taxpayer's federal adjusted gross income. 66,318
(c) For purposes of division (A)(11) of this section, 66,320
"medical care" has the meaning given in section 213 of the 66,321
Internal Revenue Code, subject to the special rules, limitations, 66,322
and exclusions set forth therein, and "qualified long-term care" 66,323
has the same meaning given in section 7702(B)(b) of the Internal 66,324
Revenue Code.
(12)(a) Deduct any amount included in federal adjusted 66,326
gross income solely because the amount represents a reimbursement 66,327
or refund of expenses that in any year the taxpayer had deducted 66,329
as an itemized deduction pursuant to section 63 of the Internal 66,330
Revenue Code and applicable United States department of the 66,331
treasury regulations. The deduction otherwise allowed under 66,332
1461
division (A)(12)(a) of this section shall be reduced to the 66,333
extent the reimbursement is attributable to an amount the 66,334
taxpayer deducted under this section in any taxable year. 66,335
(b) Add any amount not otherwise included in Ohio adjusted 66,337
gross income for any taxable year to the extent that the amount 66,338
is attributable to the recovery during the taxable year of any 66,339
amount deducted or excluded in computing federal or Ohio adjusted 66,340
gross income in any taxable year. 66,341
(13) Deduct any portion of the deduction described in 66,343
section 1341(a)(2) of the Internal Revenue Code, for repaying 66,344
previously reported income received under a claim of right, that 66,345
meets both of the following requirements: 66,346
(a) It is allowable for repayment of an item that was 66,348
included in the taxpayer's adjusted gross income for a prior 66,349
taxable year and did not qualify for a credit under division (A) 66,350
or (B) of section 5747.05 of the Revised Code for that year; 66,351
(b) It does not otherwise reduce the taxpayer's adjusted 66,353
gross income for the current or any other taxable year. 66,354
(14) Deduct an amount equal to the deposits made to, and 66,356
net investment earnings of, a medical savings account during the 66,357
taxable year, in accordance with section 3924.66 of the Revised 66,358
Code. The deduction allowed by division (A)(14) of this section 66,359
does not apply to medical savings account deposits and earnings 66,360
otherwise deducted or excluded for the current or any other 66,361
taxable year from the taxpayer's federal adjusted gross income. 66,362
(15)(a) Add an amount equal to the funds withdrawn from a 66,364
medical savings account during the taxable year, and the net 66,365
investment earnings on those funds, when the funds withdrawn were 66,366
used for any purpose other than to reimburse an account holder 66,367
for, or to pay, eligible medical expenses, in accordance with 66,368
section 3924.66 of the Revised Code;
(b) Add the amounts distributed from a medical savings 66,370
account under division (A)(2) of section 3924.68 of the Revised 66,371
Code during the taxable year. 66,372
1462
(16) Add any amount claimed as a credit under section 66,374
5747.059 of the Revised Code to the extent that such amount 66,375
satisfies either of the following:
(a) The amount was deducted or excluded from the 66,377
computation of the taxpayer's federal adjusted gross income as 66,378
required to be reported for the taxpayer's taxable year under the 66,379
Internal Revenue Code;
(b) The amount resulted in a reduction of the taxpayer's 66,381
federal adjusted gross income as required to be reported for any 66,382
of the taxpayer's taxable years under the Internal Revenue Code. 66,383
(17) Deduct the amount contributed by the taxpayer to an 66,385
individual development account program established by a county 66,386
department of human JOB AND FAMILY services pursuant to sections 66,387
329.11 to 329.14 of the Revised Code for the purpose of matching 66,389
funds deposited by program participants. On request of the tax 66,391
commissioner, the taxpayer shall provide any information that, in
the tax commissioner's opinion, is necessary to establish the 66,392
amount deducted under division (A)(17) of this section. 66,394
(18) Beginning in taxable year 2001, if the taxpayer is 66,396
married and files a joint return and the combined federal 66,398
adjusted gross income of the taxpayer and the taxpayer's spouse 66,399
for the taxable year does not exceed one hundred thousand
dollars, or if the taxpayer is single and has a federal adjusted 66,400
gross income for the taxable year not exceeding fifty thousand 66,402
dollars, deduct amounts paid during the taxable year for 66,403
qualified tuition and fees paid to an eligible institution for 66,404
the taxpayer, the taxpayer's spouse, or any dependent of the
taxpayer, who is a resident of this state and is enrolled in or 66,405
attending a program that culminates in a degree or diploma at an 66,406
eligible institution. The deduction may be claimed only to the 66,407
extent that qualified tuition and fees are not otherwise deducted 66,408
or excluded for any taxable year from federal or Ohio adjusted 66,409
gross income. The deduction may not be claimed for educational 66,410
expenses for which the taxpayer claims a credit under section 66,411
1463
5747.27 of the Revised Code.
(19) Add any reimbursement received during the taxable 66,413
year of any amount the taxpayer deducted under division (A)(18) 66,414
of this section in any previous taxable year to the extent the 66,415
amount is not otherwise included in Ohio adjusted gross income. 66,416
(B) "Business income" means income arising from 66,418
transactions, activities, and sources in the regular course of a 66,419
trade or business and includes income from tangible and 66,420
intangible property if the acquisition, rental, management, and 66,421
disposition of the property constitute integral parts of the 66,422
regular course of a trade or business operation. 66,423
(C) "Nonbusiness income" means all income other than 66,425
business income and may include, but is not limited to, 66,426
compensation, rents and royalties from real or tangible personal 66,427
property, capital gains, interest, dividends and distributions, 66,428
patent or copyright royalties, or lottery winnings, prizes, and 66,429
awards. 66,430
(D) "Compensation" means any form of remuneration paid to 66,432
an employee for personal services. 66,433
(E) "Fiduciary" means a guardian, trustee, executor, 66,435
administrator, receiver, conservator, or any other person acting 66,436
in any fiduciary capacity for any individual, trust, or estate. 66,437
(F) "Fiscal year" means an accounting period of twelve 66,439
months ending on the last day of any month other than December. 66,440
(G) "Individual" means any natural person. 66,442
(H) "Internal Revenue Code" means the "Internal Revenue 66,444
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended. 66,445
(I) "Resident" means: 66,447
(1) An individual who is domiciled in this state, subject 66,449
to section 5747.24 of the Revised Code; 66,450
(2) The estate of a decedent who at the time of death was 66,453
domiciled in this state. The domicile tests of section 5747.24 66,454
of the Revised Code and any election under section 5747.25 of the 66,455
Revised Code are not controlling for purposes of division (I)(2) 66,456
1464
of this section.
(J) "Nonresident" means an individual or estate that is 66,458
not a resident. An individual who is a resident for only part of 66,459
a taxable year is a nonresident for the remainder of that taxable 66,460
year. 66,461
(K) "Pass-through entity" has the same meaning as in 66,463
section 5733.04 of the Revised Code. 66,464
(L) "Return" means the notifications and reports required 66,466
to be filed pursuant to this chapter for the purpose of reporting 66,467
the tax due and includes declarations of estimated tax when so 66,468
required. 66,469
(M) "Taxable year" means the calendar year or the 66,471
taxpayer's fiscal year ending during the calendar year, or 66,472
fractional part thereof, upon which the adjusted gross income is 66,473
calculated pursuant to this chapter. 66,474
(N) "Taxpayer" means any person subject to the tax imposed 66,476
by section 5747.02 of the Revised Code or any pass-through entity 66,477
that makes the election under division (D) of section 5747.08 of 66,478
the Revised Code.
(O) "Dependents" means dependents as defined in the 66,480
Internal Revenue Code and as claimed in the taxpayer's federal 66,481
income tax return for the taxable year or which the taxpayer 66,482
would have been permitted to claim had the taxpayer filed a 66,483
federal income tax return. 66,485
(P) "Principal county of employment" means, in the case of 66,487
a nonresident, the county within the state in which a taxpayer 66,488
performs services for an employer or, if those services are 66,489
performed in more than one county, the county in which the major 66,490
portion of the services are performed. 66,491
(Q) As used in sections 5747.50 to 5747.55 of the Revised 66,493
Code:
(1) "Subdivision" means any county, municipal corporation, 66,495
park district, or township. 66,496
(2) "Essential local government purposes" includes all 66,498
1465
functions that any subdivision is required by general law to 66,499
exercise, including like functions that are exercised under a 66,500
charter adopted pursuant to the Ohio Constitution. 66,501
(R) "Overpayment" means any amount already paid that 66,503
exceeds the figure determined to be the correct amount of the 66,504
tax. 66,505
(S) "Taxable income" applies to estates only and means 66,507
taxable income as defined and used in the Internal Revenue Code 66,508
adjusted as follows: 66,509
(1) Add interest or dividends on obligations or securities 66,511
of any state or of any political subdivision or authority of any 66,512
state, other than this state and its subdivisions and 66,513
authorities; 66,514
(2) Add interest or dividends on obligations of any 66,516
authority, commission, instrumentality, territory, or possession 66,517
of the United States that are exempt from federal income taxes 66,518
but not from state income taxes; 66,519
(3) Add the amount of personal exemption allowed to the 66,521
estate pursuant to section 642(b) of the Internal Revenue Code; 66,522
(4) Deduct interest or dividends on obligations of the 66,524
United States and its territories and possessions or of any 66,525
authority, commission, or instrumentality of the United States 66,526
that are exempt from state taxes under the laws of the United 66,527
States; 66,528
(5) Deduct the amount of wages and salaries, if any, not 66,530
otherwise allowable as a deduction but that would have been 66,531
allowable as a deduction in computing federal taxable income for 66,532
the taxable year, had the targeted jobs credit allowed under 66,533
sections 38, 51, and 52 of the Internal Revenue Code not been in 66,534
effect; 66,535
(6) Deduct any interest or interest equivalent on public 66,537
obligations and purchase obligations to the extent included in 66,538
federal taxable income; 66,539
(7) Add any loss or deduct any gain resulting from sale, 66,541
1466
exchange, or other disposition of public obligations to the 66,542
extent included in federal taxable income; 66,543
(8) Except in the case of the final return of an estate, 66,545
add any amount deducted by the taxpayer on both its Ohio estate 66,546
tax return pursuant to section 5731.14 of the Revised Code, and 66,547
on its federal income tax return in determining either federal 66,548
adjusted gross income or federal taxable income; 66,549
(9)(a) Deduct any amount included in federal taxable 66,551
income solely because the amount represents a reimbursement or 66,552
refund of expenses that in a previous year the decedent had 66,553
deducted as an itemized deduction pursuant to section 63 of the 66,554
Internal Revenue Code and applicable treasury regulations. The 66,556
deduction otherwise allowed under division (S)(9)(a) of this 66,557
section shall be reduced to the extent the reimbursement is 66,558
attributable to an amount the taxpayer or decedent deducted under 66,559
this section in any taxable year. 66,560
(b) Add any amount not otherwise included in Ohio taxable 66,562
income for any taxable year to the extent that the amount is 66,563
attributable to the recovery during the taxable year of any 66,564
amount deducted or excluded in computing federal or Ohio taxable 66,565
income in any taxable year. 66,566
(10) Deduct any portion of the deduction described in 66,568
section 1341(a)(2) of the Internal Revenue Code, for repaying 66,569
previously reported income received under a claim of right, that 66,570
meets both of the following requirements: 66,571
(a) It is allowable for repayment of an item that was 66,573
included in the taxpayer's taxable income or the decedent's 66,574
adjusted gross income for a prior taxable year and did not 66,575
qualify for a credit under division (A) or (B) of section 5747.05 66,576
of the Revised Code for that year. 66,577
(b) It does not otherwise reduce the taxpayer's taxable 66,579
income or the decedent's adjusted gross income for the current or 66,580
any other taxable year. 66,581
(11) Add any amount claimed as a credit under section 66,583
1467
5747.059 of the Revised Code to the extent that the amount 66,584
satisfies either of the following: 66,585
(a) The amount was deducted or excluded from the 66,587
computation of the taxpayer's federal taxable income as required 66,588
to be reported for the taxpayer's taxable year under the Internal 66,589
Revenue Code;
(b) The amount resulted in a reduction in the taxpayer's 66,591
federal taxable income as required to be reported for any of the 66,592
taxpayer's taxable years under the Internal Revenue Code. 66,593
(T) "School district income" and "school district income 66,595
tax" have the same meanings as in section 5748.01 of the Revised 66,596
Code. 66,597
(U) As used in divisions (A)(8), (A)(9), (S)(6), and 66,599
(S)(7) of this section, "public obligations," "purchase 66,600
obligations," and "interest or interest equivalent" have the same 66,601
meanings as in section 5709.76 of the Revised Code. 66,602
(V) "Limited liability company" means any limited 66,604
liability company formed under Chapter 1705. of the Revised Code 66,605
or under the laws of any other state. 66,606
(W) "Pass-through entity investor" means any person who, 66,608
during any portion of a taxable year of a pass-through entity, is 66,609
a partner, member, shareholder, or investor in that pass-through 66,610
entity.
(X) "Banking day" has the same meaning as in section 66,612
1304.01 of the Revised Code. 66,613
(Y) "Month" means a calendar month. 66,615
(Z) "Quarter" means the first three months, the second 66,617
three months, the third three months, or the last three months of 66,618
the taxpayer's taxable year.
(AA)(1) "Eligible institution" means a state university or 66,620
state institution of higher education as defined in section 66,621
3345.011 of the Revised Code, or a private, nonprofit college, 66,622
university, or other post-secondary institution located in this 66,623
state that possesses a certificate of authorization issued by the 66,624
1468
Ohio board of regents pursuant to Chapter 1713. of the Revised
Code or a certificate of registration issued by the state board 66,625
of proprietary school registration under Chapter 3332. of the 66,626
Revised Code.
(2) "Qualified tuition and fees" means tuition and fees 66,628
imposed by an eligible institution as a condition of enrollment 66,629
or attendance, not exceeding two thousand five hundred dollars in 66,630
each of the individual's first two years of post-secondary 66,631
education. If the individual is a part-time student, "qualified 66,632
tuition and fees" includes tuition and fees paid for the academic
equivalent of the first two years of post-secondary education 66,633
during a maximum of five taxable years, not exceeding a total of 66,634
five thousand dollars. "Qualified tuition and fees" does not 66,635
include:
(a) Expenses for any course or activity involving sports, 66,637
games, or hobbies unless the course or activity is part of the 66,638
individual's degree or diploma program; 66,639
(b) The cost of books, room and board, student activity 66,641
fees, athletic fees, insurance expenses, or other expenses 66,642
unrelated to the individual's academic course of instruction; 66,643
(c) Tuition, fees, or other expenses paid or reimbursed 66,645
through an employer, scholarship, grant in aid, or other 66,646
educational benefit program.
(BB) Any term used in this chapter that is not otherwise 66,648
defined in this section and that is not used in a comparable 66,649
context in the Internal Revenue Code and other statutes of the 66,650
United States relating to federal income taxes has the same 66,651
meaning as in section 5733.40 of the Revised Code. 66,652
Sec. 5747.121. (A) In accordance with section 5101.321 of 66,661
the Revised Code, the tax commissioner shall cooperate with the 66,662
department of human JOB AND FAMILY services in establishing and 66,663
then implementing procedures for the collection of overdue child 66,664
support from refunds of paid state income taxes under this 66,665
chapter that are payable to obligors. The tax commissioner shall 66,666
1469
deposit money collected from such refunds into the child support 66,667
intercept fund. 66,668
(B) At the request of the department of human JOB AND 66,670
FAMILY services in connection with the collection of overdue 66,671
child support from a refund of paid state income taxes pursuant 66,672
to section 5101.321 of the Revised Code and division (A) of this 66,673
section, the tax commissioner shall release to the department the 66,674
home address and social security number of any obligor whose 66,675
overdue child support may be collected from a refund of paid 66,676
state income taxes pursuant to section 5101.321 of the Revised 66,677
Code and division (A) of this section. 66,678
(C) In the case of persons filing a joint income tax 66,680
return, the amount of the refund available for the collection of 66,681
overdue child support shall be based on the proportion of the 66,682
refund due to the obligor only. Any obligor's spouse who objects 66,683
to the amount of the refund to be used for the collection of 66,684
overdue child support may file a complaint with the tax 66,685
commissioner within twenty-one days after receiving notice of the 66,686
collection. The commissioner shall afford a complainant an 66,687
opportunity to be heard. The burden of proving an error by the 66,688
commissioner in determining the amount of a refund to be used for 66,689
the collection of overdue child support shall be on the 66,690
complainant. 66,691
(D) There is hereby created in the state treasury the 66,693
child support intercept fund, which shall consist of moneys paid 66,694
into it by the tax commissioner under division (A) of this 66,695
section. Moneys in the fund shall be disbursed pursuant to 66,696
vouchers approved by the director of human JOB AND FAMILY 66,697
services for use by the bureau DIVISION of child support to meet 66,699
the requirements of section 666 of Title IV-D of the "Social 66,701
Security Act," 98 Stat. 1306 (1975), 42 U.S.C. 666, as amended, 66,702
and any rules promulgated under Title IV-D. Moneys appropriated 66,703
from the fund are not intended to replace other moneys 66,704
appropriated for this purpose.
1470
(E) As used in this section, "obligor" has the same 66,706
meaning as in division (D) of section 5101.321 of the Revised 66,707
Code. 66,708
Sec. 5747.122. (A) The tax commissioner, in accordance 66,717
with section 5101.184 of the Revised Code, shall cooperate with 66,718
the director of human JOB AND FAMILY services to collect 66,719
overpayments of assistance under Chapter 5107., 5111., or 5115., 66,720
former Chapter 5113., or sections 5101.54 to 5101.543 of the 66,721
Revised Code from refunds of state income taxes for taxable year 66,722
1992 and thereafter that are payable to the recipients of such 66,723
overpayments.
(B) At the request of the department of human JOB AND 66,725
FAMILY services in connection with the collection of an 66,726
overpayment of assistance from a refund of state income taxes 66,727
pursuant to this section and section 5101.184 of the Revised 66,728
Code, the tax commissioner shall release to the department the 66,729
home address and social security number of any recipient of 66,730
assistance whose overpayment may be collected from a refund of 66,731
state income taxes under those sections. 66,732
(C) In the case of a joint income tax return for two 66,734
people who were not married to each other at the time one of them 66,735
received an overpayment of assistance, only the portion of a 66,736
refund that is due to the recipient of the overpayment shall be 66,737
available for collection of the overpayment under this section 66,738
and section 5101.184 of the Revised Code. The tax commissioner 66,739
shall determine such portion. A recipient's spouse who objects 66,740
to the portion as determined by the commissioner may file a 66,741
complaint with the commissioner within twenty-one days after 66,742
receiving notice of the collection, and the commissioner shall 66,743
afford the spouse an opportunity to be heard on the complaint. 66,744
The commissioner shall waive or extend the twenty-one-day period 66,745
if the recipient's spouse establishes that such action is 66,746
necessary to avoid unjust, unfair, or unreasonable results. After 66,748
the hearing, the commissioner shall make a final determination of 66,749
1471
the portion of the refund available for collection of the 66,750
overpayment.
(D) The welfare overpayment intercept fund is hereby 66,752
created in the state treasury. The tax commissioner shall 66,753
deposit amounts collected from income tax refunds under this 66,754
section to the credit of the welfare overpayment intercept fund. 66,755
The director of human JOB AND FAMILY services shall distribute 66,756
money in the fund in accordance with appropriate federal or state 66,757
laws and procedures regarding collection of welfare overpayments. 66,758
Sec. 5902.02. The duties of the director of the governor's 66,767
office of veterans affairs shall include the following: 66,768
(A) Furnishing the veterans service commissions of all 66,770
counties of the state copies of the state laws, rules, and 66,771
legislation relating to the operation of the commissions and 66,772
their offices; 66,773
(B) Upon application, assisting the general public in 66,775
obtaining records of vital statistics pertaining to veterans or 66,776
their dependents; 66,777
(C) Promulgating rules pursuant to Chapter 119. of the 66,779
Revised Code pertaining to minimum qualifications for hiring, 66,780
certifying, and accrediting county veterans service officers and 66,781
pertaining to their required duties; 66,782
(D) Promulgating rules pursuant to Chapter 119. of the 66,784
Revised Code for the education, training, certification, and 66,785
duties of veterans service commissioners; 66,786
(E) Developing and monitoring programs and agreements 66,788
enhancing employment and training for veterans in single or 66,789
multiple county areas; 66,790
(F) Developing and monitoring programs and agreements to 66,792
enable county veterans service commissions to address 66,793
homelessness, indigency, and other veteran-related issues 66,794
individually or jointly; 66,795
(G) Developing and monitoring programs and agreements to 66,797
enable state agencies, individually or jointly, that provide 66,798
1472
services to veterans, including the Ohio veterans' home and the 66,799
Ohio bureau DIRECTOR of employment JOB AND FAMILY services, to 66,801
address homelessness, indigency, employment, and other 66,802
veteran-related issues;
(H) Establishing and providing statistical reporting 66,804
formats and procedures for county veterans service commissions; 66,805
(I) Publishing annually, promulgating change notices for, 66,807
and distributing a listing of county veterans service officers, 66,808
county veterans service commissioners, state directors of 66,809
veterans affairs, and national and state service officers of 66,810
accredited veterans organizations and their state headquarters. 66,811
The listing shall include the expiration dates of commission 66,812
members' terms of office and the organizations they represent; 66,813
the names, addresses, and telephone numbers of county veterans 66,814
service officers and state directors of veterans affairs; and the 66,815
addresses and telephone numbers of the Ohio offices and 66,816
headquarters of state and national veterans service 66,817
organizations. 66,818
(J) Publishing, by the first day of April of each 66,820
odd-numbered year, a directory of Ohio laws dealing with 66,821
veterans, as enacted through the conclusion of the previous 66,822
session of the general assembly, and distributing the publication 66,823
to each county veterans service office and the state headquarters 66,824
of each congressionally chartered veterans organization in the 66,825
state; 66,826
(K) Establishing a veterans advisory committee to advise 66,828
and assist the governor's office of veterans affairs in its 66,829
duties. Members shall include a state representative of 66,830
congressionally chartered veterans organizations referred to in 66,831
section 5901.02 of the Revised Code, a representative of any 66,832
other congressionally chartered state veterans organization that 66,833
has at least one veterans service commissioner in the state, 66,834
three representatives of the Ohio state association of county 66,835
veterans service commissioners, who shall have a combined vote of 66,836
1473
one, three representatives of the state association of county 66,837
veterans service officers, who shall have a combined vote of one, 66,838
one representative of the county commissioners association of 66,839
Ohio, who shall be a county commissioner not from the same county 66,840
as any of the other county representatives, and a representative 66,841
of the office of the attorney general. The governor's office of 66,842
veterans affairs shall submit to the advisory committee proposed 66,844
rules for the committee's operation. The committee may review 66,845
and revise these proposed rules prior to submitting them to the 66,846
joint committee on agency rule review.
(L) Promulgating, with the advice and assistance of the 66,848
veterans advisory committee, policy and procedural guidelines, 66,850
which the veterans service commissions shall adhere to in the
development and implementation of rules, policies, procedures, 66,851
and guidelines for the administration of Chapter 5901. of the 66,852
Revised Code. The governor's office of veterans affairs shall 66,853
promulgate no guidelines or rules regulating the purposes, scope, 66,854
duration, or amounts of financial assistance provided to 66,855
applicants pursuant to sections 5901.01 to 5901.15 of the Revised 66,856
Code. The director of the governor's office of veterans affairs 66,857
may obtain opinions from the office of the attorney general 66,858
regarding rules, policies, procedures, and guidelines of the 66,859
veterans service commissions and may enforce compliance with 66,860
Chapter 5901. of the Revised Code. 66,861
(M) Taking any other actions required by this chapter. 66,863
Section 2. That existing sections 9.55, 101.39, 109.65, 66,866
109.85, 109.86, 117.10, 117.45, 121.37, 121.40, 122.16, 122.19, 66,868
122.23, 123.01, 124.11, 124.14, 124.324, 125.30, 126.07, 131.11, 66,870
131.41, 135.81, 135.96, 145.27, 149.43, 153.39, 169.02, 169.03, 66,871
169.08, 173.03, 173.17, 173.35, 173.40, 176.05, 307.01, 307.441, 66,873
307.98, 329.01, 329.02, 329.021, 329.022, 329.023, 329.03, 66,874
329.041, 329.042, 329.051, 329.07, 329.10, 329.12, 329.14, 66,875
331.02, 331.06, 742.41, 1347.08, 1553.10, 1701.86, 1702.47, 66,877
1703.17, 1729.55, 1743.05, 1751.01, 1751.11, 1751.12, 1751.13, 66,878
1474
1751.20, 1751.31, 1925.04, 1925.13, 1925.18, 2101.11, 2101.16, 66,879
2113.06, 2151.152, 2151.232, 2151.281, 2151.353, 2151.36, 66,880
2151.39, 2151.412, 2151.413, 2151.416, 2151.421, 2151.43, 66,881
2151.49, 2151.86, 2301.35, 2301.356, 2301.358, 2301.36, 2301.37, 66,882
2301.371, 2301.372, 2301.373, 2301.374, 2301.375, 2301.43, 66,883
2305.26, 2317.56, 2705.031, 2715.041, 2715.045, 2716.13, 2744.05, 66,884
2913.40, 2949.26, 2950.11, 2950.13, 2951.02, 2953.51, 3101.01, 66,885
3107.013, 3107.031, 3107.032, 3107.051, 3107.062, 3107.063, 66,886
3107.064, 3107.065, 3107.071, 3107.081, 3107.082, 3107.083, 66,887
3107.09, 3107.091, 3107.10, 3107.12, 3107.13, 3107.141, 3107.17, 66,889
3107.39, 3109.05, 3109.15, 3109.16, 3109.18, 3109.401, 3111.03, 66,890
3111.06, 3111.07, 3111.09, 3111.20, 3111.21, 3111.211, 3111.22, 66,891
3111.23, 3111.231, 3111.24, 3111.25, 3111.27, 3111.99, 3113.04, 66,892
3113.07, 3113.09, 3113.16, 3113.21, 3113.211, 3113.212, 3113.213, 66,893
3113.214, 3113.215, 3113.216, 3113.99, 3115.21, 3115.31, 3301.15, 66,894
3301.32, 3301.53, 3301.57, 3301.581, 3301.59, 3304.231, 3307.21,
3309.22, 3313.714, 3313.715, 3314.08, 3317.029, 3317.06, 66,896
3317.064, 3317.10, 3319.089, 3321.18, 3323.021, 3331.04, 3335.24,
3354.21, 3501.01, 3599.45, 3701.023, 3701.241, 3701.78, 3701.80, 66,898
3702.55, 3702.74, 3705.07, 3705.09, 3705.091, 3705.10, 3721.011, 66,899
3721.022, 3721.071, 3721.08, 3721.12, 3721.14, 3721.15, 3721.19, 66,900
3721.51, 3721.511, 3721.52, 3721.53, 3721.54, 3721.55, 3721.56, 66,901
3721.57, 3721.58, 3722.04, 3722.15, 3722.16, 3724.12, 3727.13, 66,902
3727.17, 3729.02, 3729.11, 3729.14, 3729.18, 3729.21, 3729.24, 66,904
3729.26, 3729.61, 3733.49, 3737.22, 3737.65, 3750.02, 3770.071, 66,905
3781.06, 3781.10, 3793.051, 3793.07, 3793.15, 3923.50, 3924.42, 66,907
3924.47, 3929.721, 4109.01, 4109.05, 4109.08, 4109.11, 4109.12, 66,908
4109.13, 4109.21, 4111.01, 4111.03, 4111.04, 4111.05, 4111.06, 66,909
4111.07, 4111.08, 4111.09, 4111.10, 4111.13, 4111.17, 4111.25, 66,910
4111.26, 4111.27, 4111.28, 4111.29, 4111.30, 4112.02, 4115.03, 66,911
4115.031, 4115.032, 4115.034, 4115.04, 4115.05, 4115.07, 66,912
4115.071, 4115.08, 4115.09, 4115.10, 4115.101, 4115.12, 4115.13, 66,914
4115.131, 4115.132, 4115.133, 4115.14, 4115.15, 4115.16, 4115.32, 66,915
4121.69, 4123.038, 4123.27, 4123.56, 4123.62, 4141.01, 4141.031, 66,916
1475
4141.044, 4141.07, 4141.09, 4141.11, 4141.131, 4141.14, 4141.17, 66,919
4141.18, 4141.20, 4141.23, 4141.231, 4141.24, 4141.241, 4141.242, 66,920
4141.25, 4141.26, 4141.27, 4141.29, 4141.30, 4141.301, 4141.31, 66,923
4141.321, 4141.33, 4141.35, 4141.38, 4141.39, 4141.40, 4141.41, 66,924
4141.42, 4141.43, 4141.431, 4141.47, 4167.02, 4167.06, 4167.08, 66,926
4167.09, 4167.10, 4167.11, 4167.12, 4167.14, 4167.15, 4167.16, 66,927
4167.17, 4167.19, 4303.292, 4582.37, 4731.71, 5101.03, 5101.071, 66,929
5101.072, 5101.11, 5101.111, 5101.14, 5101.141, 5101.142, 66,930
5101.143, 5101.15, 5101.16, 5101.161, 5101.162, 5101.18, 66,931
5101.181, 5101.182, 5101.183, 5101.184, 5101.19, 5101.212, 66,932
5101.26, 5101.27, 5101.28, 5101.29, 5101.30, 5101.31, 5101.312, 66,934
5101.313, 5101.314, 5101.315, 5101.316, 5101.317, 5101.319, 66,935
5101.32, 5101.321, 5101.322, 5101.323, 5101.324, 5101.325, 66,936
5101.326, 5101.327, 5101.33, 5101.34, 5101.341, 5101.36, 5101.44, 66,937
5101.45, 5101.46, 5101.48, 5101.49, 5101.50, 5101.502, 5101.51, 66,938
5101.512, 5101.513, 5101.515, 5101.516, 5101.517, 5101.518, 66,939
5101.52, 5101.53, 5101.54, 5101.541, 5101.542, 5101.543, 66,940
5101.544, 5101.572, 5101.58, 5101.59, 5101.60, 5101.61, 5101.611, 66,941
5101.62, 5101.63, 5101.65, 5101.67, 5101.70, 5101.71, 5101.72, 66,942
5101.75, 5101.751, 5101.752, 5101.754, 5101.80, 5101.81, 5101.83, 66,943
5101.851, 5101.852, 5101.853, 5101.854, 5101.93, 5103.03, 66,944
5103.031, 5103.032, 5103.04, 5103.07, 5103.08, 5103.12, 5103.14, 66,945
5103.151, 5103.152, 5103.154, 5103.16, 5103.17, 5103.22, 5103.23, 66,947
5104.01, 5104.011, 5104.012, 5104.013, 5104.014, 5104.015, 66,948
5104.02, 5104.021, 5104.03, 5104.04, 5104.05, 5104.052, 5104.06, 66,949
5104.07, 5104.08, 5104.081, 5104.09, 5104.10, 5104.11, 5104.12, 66,950
5104.13, 5104.21, 5104.22, 5104.30, 5104.301, 5104.31, 5104.32, 66,951
5104.33, 5104.34, 5104.341, 5104.35, 5104.36, 5104.37, 5104.38,
5104.39, 5104.40, 5104.41, 5104.42, 5104.43, 5104.44, 5107.03, 66,952
5107.05, 5107.10, 5107.12, 5107.14, 5107.16, 5107.161, 5107.162, 66,954
5107.18, 5107.20, 5107.22, 5107.24, 5107.26, 5107.28, 5107.282, 66,955
5107.283, 5107.284, 5107.286, 5107.287, 5107.30, 5107.40,
5107.41, 5107.42, 5107.43, 5107.44, 5107.50, 5107.52, 5107.54, 66,957
5107.541, 5107.58, 5107.60, 5107.62, 5107.64, 5107.65, 5107.66, 66,958
1476
5107.68, 5107.69, 5107.70, 5107.72, 5107.76, 5107.78, 5108.02,
5108.07, 5108.08, 5108.09, 5108.10, 5111.01, 5111.011, 5111.012, 66,960
5111.013, 5111.014, 5111.015, 5111.016, 5111.017, 5111.018, 66,962
5111.019, 5111.02, 5111.021, 5111.022, 5111.023, 5111.03, 66,963
5111.04, 5111.05, 5111.06, 5111.07, 5111.08, 5111.09, 5111.10, 66,964
5111.11, 5111.111, 5111.112, 5111.113, 5111.12, 5111.121,
5111.13, 5111.14, 5111.16, 5111.17, 5111.173, 5111.18, 5111.181, 66,965
5111.19, 5111.20, 5111.202, 5111.203, 5111.204, 5111.205, 66,966
5111.21, 5111.22, 5111.221, 5111.23, 5111.231, 5111.235, 5111.24, 66,967
5111.241, 5111.25, 5111.251, 5111.252, 5111.255, 5111.257, 66,968
5111.26, 5111.261, 5111.263, 5111.27, 5111.29, 5111.291, 5111.30, 66,969
5111.31, 5111.33, 5111.34, 5111.341, 5111.35, 5111.36, 5111.37, 66,970
5111.38, 5111.41, 5111.42, 5111.45, 5111.46, 5111.47, 5111.48, 66,971
5111.49, 5111.50, 5111.51, 5111.52, 5111.53, 5111.54, 5111.55, 66,972
5111.56, 5111.57, 5111.58, 5111.59, 5111.60, 5111.61, 5111.62, 66,973
5111.74, 5111.81, 5111.87, 5111.88, 5112.01, 5112.03, 5112.04, 66,974
5112.05, 5112.06, 5112.07, 5112.08, 5112.09, 5112.10, 5112.11, 66,975
5112.17, 5112.18, 5112.19, 5112.21, 5112.31, 5112.32, 5112.33, 66,976
5112.34, 5112.35, 5112.37, 5112.38, 5112.39, 5112.99, 5115.01, 66,977
5115.011, 5115.012, 5115.02, 5115.03, 5115.05, 5115.061, 5115.07, 66,978
5115.10, 5115.13, 5115.15, 5115.20, 5119.221, 5120.37, 5123.01, 66,979
5123.181, 5123.191, 5123.604, 5126.31, 5139.08, 5139.34, 5139.39, 66,980
5153.01, 5153.02, 5153.10, 5153.111, 5153.121, 5153.14, 5153.15, 66,981
5153.16, 5153.163, 5153.17, 5153.20, 5153.21, 5153.22, 5153.27, 66,983
5153.29, 5153.30, 5153.32, 5153.35, 5153.36, 5153.38, 5153.49, 66,984
5153.52, 5502.01, 5505.04, 5703.21, 5709.65, 5709.67, 5733.04, 66,985
5733.33, 5747.01, 5747.121, 5747.122, and 5902.02 of the Revised 66,987
Code are hereby repealed.
Section 3. That the versions of sections 3109.15, 3109.16, 66,989
and 3109.18 of the Revised Code, as scheduled to take effect on 66,990
January 1, 2001, be amended to read as follows: 66,992
Sec. 3109.15. There is hereby created within the 67,001
department of human JOB AND FAMILY services the children's trust 67,002
fund board consisting of fifteen members. The directors of 67,005
1477
alcohol and drug addiction services, health, and human JOB AND 67,006
FAMILY services shall be members of the board. Eight public 67,009
members shall be appointed by the governor. These members shall 67,010
be persons with demonstrated knowledge in programs for children, 67,011
shall be representative of the demographic composition of this 67,012
state, and, to the extent practicable, shall be representative of 67,013
the following categories: the educational community; the legal 67,014
community; the social work community; the medical community; the 67,015
voluntary sector; and professional providers of child abuse and 67,016
child neglect services. Five of these members shall be residents 67,017
of counties where the population exceeds four hundred thousand; 67,018
no more than one such member shall be a resident of the same 67,019
county. Two members of the board shall be members of the house 67,020
of representatives appointed by the speaker of the house of 67,021
representatives and shall be members of two different political 67,022
parties. Two members of the board shall be members of the senate 67,023
appointed by the president of the senate and shall be members of 67,024
two different political parties. All members of the board 67,025
appointed by the speaker of the house of representatives or the 67,026
president of the senate shall serve until the expiration of the 67,027
sessions of the general assembly during which they were 67,028
appointed. They may be reappointed to an unlimited number of 67,029
successive terms of two years at the pleasure of the speaker of 67,030
the house of representatives or president of the senate. Public 67,031
members shall serve terms of three years. Each member shall 67,033
serve until the member's successor is appointed. No public 67,034
member may serve more than two consecutive terms, regardless of 67,035
whether such terms were full or partial terms. All vacancies on 67,036
the board shall be filled for the balance of the unexpired term 67,037
in the same manner as the original appointment. 67,038
Any member of the board may be removed by the member's 67,041
appointing authority for misconduct, incompetency, or neglect of 67,042
duty after first being given the opportunity to be heard in the 67,043
member's own behalf. Pursuant to section 3.17 of the Revised 67,045
1478
Code, a member, except a member of the general assembly or a 67,046
judge of any court in the state, who fails to attend at least 67,048
three-fifths of the regular and special meetings held by the 67,049
board during any two-year period forfeits the member's position 67,050
on the board.
Each member of the board shall serve without compensation 67,052
but shall be reimbursed for all actual and necessary expenses 67,053
incurred in the performance of official duties. 67,056
The speaker of the house of representatives and the 67,058
president of the senate shall jointly appoint the board 67,059
chairperson from among the legislative members of the board. 67,061
Sec. 3109.16. The children's trust fund board, upon the 67,070
recommendation of the director of human JOB AND FAMILY services, 67,071
shall approve the employment of the staff that will administer 67,073
the programs of the board. The department of human JOB AND 67,074
FAMILY services shall provide budgetary, procurement, accounting, 67,076
and other related management functions for the board. An amount 67,077
not to exceed five per cent of the total amount of fees deposited 67,078
in the children's trust fund in each fiscal year may be used for 67,079
costs directly related to these administrative functions of the 67,080
department. Each fiscal year, the board shall approve a budget 67,081
for administrative expenditures for the next fiscal year. 67,082
The board shall meet at the call of the chairperson to 67,084
conduct its official business. All business transactions of the 67,086
board shall be conducted in public meetings. Eight members of 67,088
the board constitute a quorum. A majority of the quorum is
required to approve the state plan for the allocation of funds 67,090
from the children's trust fund.
The board may apply for and accept federal and other funds 67,092
for the purpose of funding child abuse and child neglect 67,093
prevention programs. In addition, the board may accept gifts and 67,095
donations from any source, including individuals, philanthropic 67,097
foundations or organizations, corporations, or corporation 67,098
endowments. The acceptance and use of federal funds shall not 67,100
1479
entail any commitment or pledge of state funds, nor obligate the 67,101
general assembly to continue the programs or activities for which 67,102
the federal funds are made available. All funds received in the 67,103
manner described in this section shall be transmitted to the 67,104
treasurer of state, who shall credit them to the children's trust 67,105
fund created in section 3109.14 of the Revised Code. 67,106
Sec. 3109.18. (A)(1) A board of county commissioners may 67,116
establish a child abuse and child neglect prevention advisory 67,117
board or may designate the county family and children first 67,119
council to serve as the child abuse and child neglect prevention 67,120
advisory board. The boards of county commissioners of two or 67,121
more contiguous counties may instead form a multicounty district
to be served by a child abuse and child neglect prevention 67,123
advisory board or may designate a regional family and children 67,124
first council to serve as the district child abuse and child 67,125
neglect prevention advisory board. Each advisory board shall 67,126
meet at least twice a year.
(2) The county auditor is hereby designated as the auditor 67,129
and fiscal officer of the advisory board. In the case of a 67,130
multicounty district, the boards of county commissioners that 67,131
formed the district shall designate the auditor of one of the 67,132
counties as the auditor and fiscal officer of the advisory board. 67,133
(B) Each county that establishes an advisory board or, in 67,135
a multicounty district, the county the auditor of which has been 67,136
designated as the auditor and fiscal agent of the advisory board, 67,138
shall establish a fund in the county treasury known as the county 67,139
or district children's trust fund. The advisory board shall 67,140
deposit all funds received from the children's trust fund board 67,141
into that fund, and the auditor shall distribute money from the 67,142
fund at the request of the advisory board. 67,143
(C) Each January, the board of county commissioners of a 67,145
county that has established an advisory board or, in a 67,146
multicounty district, the board of county commissioners of the
county the auditor of which has been designated as the auditor 67,147
1480
and fiscal agent for the advisory board, shall appropriate the 67,148
amount described in division (B)(2) of section 3109.17 of the 67,149
Revised Code for distribution by the advisory board to child 67,151
abuse and child neglect prevention programs. 67,152
(D)(1) Except in the case of a county or regional family 67,155
and children first council that is designated to serve as a child 67,157
abuse and child neglect prevention advisory board, each advisory 67,158
board shall consist of an odd number of members from both the 67,161
public and private sectors, including all of the following: 67,163
(a) A representative of an agency responsible for the 67,165
administration of children's services in the county or district; 67,166
(b) A provider of alcohol or drug addiction services or a 67,168
representative of a board of alcohol, drug addiction, and mental 67,169
health services that serves the county or district; 67,171
(c) A provider of mental health services or a 67,173
representative of a board of alcohol, drug addiction, and mental 67,174
health services that serves the county or district; 67,175
(d) A representative of a board of mental retardation and 67,177
developmental disabilities that serves the county or district; 67,178
(e) A representative of the educational community 67,180
appointed by the superintendent of the school district with 67,181
largest enrollment in the county or multicounty district. 67,182
(2) The following groups and entities may be represented 67,184
on the advisory board: 67,185
(a) Parent groups; 67,187
(b) Juvenile justice officials; 67,189
(c) Pediatricians, health department nurses, and other 67,191
representatives of the medical community; 67,192
(d) School personnel; 67,194
(e) Counselors; 67,196
(f) Head start agencies; 67,198
(g) Child day-care providers; 67,200
(h) Other persons with demonstrated knowledge in programs 67,204
for children.
1481
(3) Of the members first appointed, at least one shall 67,207
serve for a term of three years, at least one for a term of two 67,208
years, and at least one for a term of one year. Thereafter, each 67,209
member shall serve a term of three years. Each member shall
serve until the member's successor is appointed. All vacancies 67,211
on the board shall be filled for the balance of the unexpired 67,212
term in the same manner as the original appointment. 67,213
(E) Each board of county commissioners may incur 67,215
reasonable costs not to exceed three per cent of the block grant 67,216
allocated to the county or district under section 3109.17 of the 67,218
Revised Code, for the purpose of carrying out the functions of 67,219
the advisory board. 67,220
(F) Each child abuse and child neglect prevention advisory 67,223
board shall do all of the following:
(1) Develop a comprehensive allocation plan for the 67,226
purpose of preventing child abuse and child neglect and submit 67,228
the plan to the children's trust fund board;
(2) Notify potential applicants about the availability of 67,231
funds from the children's trust fund; 67,232
(3) Review all applications received using any criteria 67,234
developed by the child abuse and child neglect prevention 67,236
advisory board;
(4) Consistent with the plan developed pursuant to 67,238
division (F)(1) of this section, make grants to child abuse and 67,239
child neglect prevention programs. In making grants to child 67,241
abuse and child neglect prevention programs, the advisory board 67,242
may consider factors such as need, geographic location, 67,243
diversity, coordination with or improvement of existing services, 67,244
maintenance of local funding efforts, and extensive use of 67,245
volunteers.
(5) Establish reporting requirements for grant recipients. 67,248
(G) Each advisory board shall assist the children's trust 67,251
fund board in monitoring programs that receive money from the 67,252
children's trust fund and shall perform such other duties for the 67,254
1482
local administration of the children's trust fund as the 67,256
children's trust fund board requires.
(H) A recipient of a grant from the children's trust fund 67,258
shall use the grant funds only to fund child abuse and child 67,259
neglect prevention programs. Any grant funds that are not spent 67,261
by the recipient of the funds within the time specified by the 67,262
terms of the grant shall be returned to the county treasurer. 67,264
Any grant funds returned that are not redistributed by the 67,265
advisory board within the time specified by the terms of the 67,266
original grant shall be returned to the treasurer of state. The 67,267
treasurer of state shall deposit such unspent moneys into the 67,268
children's trust fund to be spent for purposes consistent with 67,269
the state plan adopted under section 3109.17 of the Revised Code. 67,270
(I) Applications for grants from the children's trust fund 67,272
shall be made to the advisory board on forms prescribed by the 67,273
department of human JOB AND FAMILY services. 67,274
(J)(1) Each recipient of a children's trust fund grant 67,276
from an advisory board shall file with the advisory board a copy 67,278
of an annual report that includes the information required by the 67,279
advisory board. 67,280
(2) Each advisory board shall file with the children's 67,282
trust fund board a copy of an annual report regarding the county 67,284
or district comprehensive allocation plan that contains the 67,285
information required by the children's trust fund board. 67,287
Section 4. That all existing versions of sections 3109.15, 67,289
3109.16, and 3109.18 of the Revised Code are hereby repealed. 67,290
Section 5. That the version of section 4141.14 of the 67,292
Revised Code, as scheduled to take effect on April 1, 2001, be 67,294
amended to read as follows:
Sec. 4141.14. (A) All rules of the administrator DIRECTOR 67,303
of the bureau DEPARTMENT of employment JOB AND FAMILY services 67,306
adopted pursuant to this chapter shall be approved by the 67,307
unemployment compensation review commission before the rules 67,308
become effective. All such rules shall specify on their face 67,309
1483
their effective date and the date on which they will expire, if 67,310
known. Approval by the unemployment compensation review 67,311
commission shall also be required before amendments to, or 67,312
rescission of, any rules of the administrator DIRECTOR adopted 67,313
pursuant to this chapter become effective. If the commission 67,315
disapproves a rule of the administrator DIRECTOR, it shall 67,316
determine and promulgate a rule that it considers appropriate 67,317
after affording a hearing to the administrator DIRECTOR. 67,318
(B)(1) Any rule promulgated pursuant to this section shall 67,320
be effective on the tenth day after the day on which the rule in 67,321
final form and in compliance with division (B)(2) of this section 67,322
is filed as follows: 67,323
(a) The rule shall be filed in both print and electronic 67,326
form with both the secretary of state and the director of the 67,327
legislative service commission; 67,328
(b) The rule shall be filed in both print and electronic 67,331
form with the joint committee on agency rule review. Division 67,332
(B)(1)(b) of this section does not apply to any rule to which 67,333
division (H) of section 119.03 of the Revised Code does not 67,334
apply.
If all filings are not completed on the same day, the rule 67,337
shall be effective on the tenth day after the day on which the 67,338
latest filing is completed. If the bureau DEPARTMENT of 67,339
employment JOB AND FAMILY services or the unemployment 67,342
compensation review commission in adopting a rule pursuant to 67,343
this chapter designates an effective date that is later than the 67,344
effective date provided for by this division, the rule if filed 67,345
as required by this division shall become effective on the later 67,346
date designated by the bureau DEPARTMENT or commission. 67,347
If the commission or bureau DEPARTMENT adopts or amends a 67,349
rule that is subject to division (H) of section 119.03 of the 67,351
Revised Code, the commission or bureau DEPARTMENT shall assign a 67,352
review date to the rule that is not later than five years after 67,354
its effective date. If no review date is assigned to a rule, or 67,355
1484
if a review date assigned to a rule exceeds the five-year 67,356
maximum, the review date for the rule is five years after its
effective date. A rule with a review date is subject to review 67,357
under section 119.032 of the Revised Code. 67,358
(2) The bureau DEPARTMENT and commission shall file the 67,360
rule in compliance with the following standards and procedures: 67,362
(a) The rule shall be numbered in accordance with the 67,364
numbering system devised by the director for the Ohio 67,365
administrative code. 67,366
(b) The rule shall be prepared and submitted in compliance 67,368
with the rules of the legislative service commission. 67,369
(c) The rule shall clearly state the date on which it is 67,371
to be effective and the date on which it will expire, if known. 67,372
(d) Each rule that amends or rescinds another rule shall 67,374
clearly refer to the rule that is amended or rescinded. Each 67,375
amendment shall fully restate the rule as amended. 67,376
If the director of the legislative service commission or 67,378
the director's designee gives the bureau DEPARTMENT of employment 67,380
JOB AND FAMILY services or the unemployment compensation review 67,381
commission notice pursuant to section 103.05 of the Revised Code 67,382
that a rule filed by the bureau DEPARTMENT or review commission 67,383
is not in compliance with the rules of the legislative service 67,385
commission, the bureau DEPARTMENT or review commission shall 67,387
within thirty days after receipt of the notice conform the rule 67,388
to the rules of the commission as directed in the notice.
The secretary of state and the director OF THE LEGISLATIVE 67,390
SERVICE COMMISSION shall preserve the rules filed under division 67,392
(B)(1)(a) of this section in an accessible manner. Each such 67,393
rule shall be a public record open to public inspection and may 67,394
be transmitted to any law publishing company that wishes to 67,396
reproduce it.
(C) As used in this section: 67,398
(1) "Rule" includes an amendment or rescission of a rule. 67,400
(2) "Substantive revision" has the same meaning as in 67,402
1485
division (J) of section 119.01 of the Revised Code. 67,403
THIS IS AN INTERIM SECTION EFFECTIVE APRIL 1, 2001, UNTIL 67,406
APRIL 1, 2002.
Section 6. That all existing versions of section 4141.14 67,408
of the Revised Code are hereby repealed. 67,409
Section 7. That the version of section 4141.14 of the 67,411
Revised Code, as scheduled to take effect on April 1, 2002, be 67,413
amended to read as follows:
Sec. 4141.14. (A) All rules of the administrator DIRECTOR 67,422
of the bureau DEPARTMENT of employment JOB AND FAMILY services 67,425
adopted pursuant to this chapter shall be approved by the 67,426
unemployment compensation review commission before the rules 67,427
become effective. All such rules shall specify on their face 67,428
their effective date and the date on which they will expire, if 67,429
known. Approval by the unemployment compensation review 67,430
commission shall also be required before amendments to, or 67,431
rescission of, any rules of the administrator DIRECTOR adopted 67,432
pursuant to this chapter become effective. If the commission 67,434
disapproves a rule of the administrator DIRECTOR, it shall 67,435
determine and promulgate a rule that it considers appropriate 67,436
after affording a hearing to the administrator DIRECTOR. 67,437
(B)(1) Any rule promulgated pursuant to this section shall 67,439
be effective on the tenth day after the day on which the rule in 67,440
final form and in compliance with division (B)(2) of this section 67,441
is filed as follows: 67,442
(a) The rule shall be filed in electronic form with both 67,447
the secretary of state and the director of the legislative
service commission; 67,448
(b) The rule shall be filed in electronic form with the 67,453
joint committee on agency rule review. Division (B)(1)(b) of
this section does not apply to any rule to which division (H) of 67,454
section 119.03 of the Revised Code does not apply. 67,455
If all filings are not completed on the same day, the rule 67,457
shall be effective on the tenth day after the day on which the 67,458
1486
latest filing is completed. If the bureau DEPARTMENT of 67,459
employment JOB AND FAMILY services or the unemployment 67,461
compensation review commission in adopting a rule pursuant to 67,462
this chapter designates an effective date that is later than the 67,463
effective date provided for by this division, the rule if filed 67,464
as required by this division shall become effective on the later 67,465
date designated by the bureau DEPARTMENT or commission. 67,466
If the commission or bureau DEPARTMENT adopts or amends a 67,468
rule that is subject to division (H) of section 119.03 of the 67,470
Revised Code, the commission or bureau DEPARTMENT shall assign a 67,471
review date to the rule that is not later than five years after 67,473
its effective date. If no review date is assigned to a rule, or 67,474
if a review date assigned to a rule exceeds the five-year 67,475
maximum, the review date for the rule is five years after its
effective date. A rule with a review date is subject to review 67,476
under section 119.032 of the Revised Code. 67,477
(2) The bureau DEPARTMENT and commission shall file the 67,479
rule in compliance with the following standards and procedures: 67,481
(a) The rule shall be numbered in accordance with the 67,483
numbering system devised by the director for the Ohio 67,484
administrative code. 67,485
(b) The rule shall be prepared and submitted in compliance 67,487
with the rules of the legislative service commission. 67,488
(c) The rule shall clearly state the date on which it is 67,490
to be effective and the date on which it will expire, if known. 67,491
(d) Each rule that amends or rescinds another rule shall 67,493
clearly refer to the rule that is amended or rescinded. Each 67,494
amendment shall fully restate the rule as amended. 67,495
If the director of the legislative service commission or 67,497
the director's designee gives the bureau DEPARTMENT of employment 67,499
JOB AND FAMILY services or the unemployment compensation review 67,500
commission notice pursuant to section 103.05 of the Revised Code 67,501
that a rule filed by the bureau DEPARTMENT or review commission 67,502
is not in compliance with the rules of the legislative service 67,504
1487
commission, the bureau DEPARTMENT or review commission shall 67,506
within thirty days after receipt of the notice conform the rule 67,507
to the rules of the commission as directed in the notice.
The secretary of state and the director OF THE LEGISLATIVE 67,509
SERVICE COMMISSION shall preserve the rules filed under division 67,511
(B)(1)(a) of this section in an accessible manner. Each such 67,512
rule shall be a public record open to public inspection and may 67,513
be transmitted to any law publishing company that wishes to 67,514
reproduce it.
(C) As used in this section: 67,516
(1) "Rule" includes an amendment or rescission of a rule. 67,518
(2) "Substantive revision" has the same meaning as in 67,520
division (J) of section 119.01 of the Revised Code. 67,521
Section 8. That all existing versions of section 4141.14 67,523
of the Revised Code are hereby repealed. 67,524
Section 9. The amendment by this act of sections 122.23, 67,526
3702.74, 5112.01, 5112.03, 5112.04, 5112.05, 5112.06, 5112.07, 67,527
5112.08, 5112.09, 5112.10, 5112.11, 5112.18, 5112.19, 5112.21, 67,528
and 5112.99 of the Revised Code is not intended to supersede the 67,529
earlier repeal, with delayed effective date, of those sections. 67,530
Section 10. Section 145.27 of the Revised Code is 67,532
presented in this act as a composite of the section as amended by 67,533
both Am. Sub. H.B. 627 and Am. Sub. H.B. 668 of the 121st General 67,534
Assembly, with the new language of neither of the acts shown in 67,536
capital letters. Section 149.43 of the Revised Code is presented 67,537
in this act as a composite of the section as amended by both Am. 67,539
Sub. S.B. 55 and Am. Sub. S.B. 78 of the 123rd General Assembly,
with the new language of neither of the acts shown in capital 67,540
letters. Section 2151.421 of the Revised Code is presented in 67,541
this act as a composite of the section as amended by both Sub. 67,543
H.B. 606 and Am. S.B. 212 of the 122nd General Assembly, with the
new language of neither of the acts shown in capital letters. 67,544
Section 2301.374 of the Revised Code is presented in this act as 67,546
a composite of the section as amended by both Am. Sub. H.B. 352 67,547
1488
and Am. Sub. S.B. 60 of the 122nd General Assembly, with the new 67,548
language of neither of the acts shown in capital letters. 67,549
Section 3301.32 of the Revised Code is presented in this act as a 67,551
composite of the section as amended by both Am. Sub. H.B. 445 and 67,552
Am. Sub. S.B. 269 of the 121st General Assembly, with the new 67,553
language of neither of the acts shown in capital letters. 67,554
Section 3307.21 of the Revised Code is presented in this act as a 67,556
composite of the section as amended by both Am. Sub. H.B. 627 and 67,557
Am. Sub. H.B. 668 of the 121st General Assembly, with the new 67,558
language of neither of the acts shown in capital letters. 67,559
Section 3309.22 of the Revised Code is presented in this act as a 67,561
composite of the section as amended by both Am. Sub. H.B. 627 and 67,562
Am. Sub. H.B. 668 of the 121st General Assembly, with the new 67,563
language of neither of the acts shown in capital letters. 67,564
Section 3721.15 of the Revised Code is presented in this act as a 67,566
composite of the section as amended by both Am. Sub. H.B. 117 and 67,567
Sub. H.B. 167 of the 121st General Assembly, with the new 67,568
language of neither of the acts shown in capital letters. 67,569
Section 3729.11 of the Revised Code is presented in this act as a 67,571
composite of the section as amended by both Am. Sub. S.B. 62 and 67,572
Am. Sub. S.B. 150 of the 121st General Assembly, with the new 67,573
language of neither of the acts shown in capital letters.
Section 3729.21 of the Revised Code is presented in this act as a 67,575
composite of the section as amended by both Am. Sub. S.B. 62 and 67,576
Am. Sub. S.B. 150 of the 121st General Assembly, with the new 67,577
language of neither of the acts shown in capital letters.
Section 4167.11 of the Revised Code is presented in this act as a 67,579
composite of the section as amended by both Am. Sub. H.B. 10 and
Am. Sub. S.B. 162 of the 121st General Assembly, with the new 67,580
language of neither of the acts shown in capital letters. 67,581
Section 5101.14 of the Revised Code is presented in this act as a 67,583
composite of the section as amended by both Am. Sub. H.B. 215 and
Sub. H.B. 408 of the 122nd General Assembly, with the new 67,584
language of neither of the acts shown in capital letters. 67,585
1489
Section 5101.58 of the Revised Code is presented in this act as a 67,587
composite of the section as amended by both Am. Sub. H.B. 215 and
Sub. H.B. 408 of the 122nd General Assembly, with the new 67,588
language of neither of the acts shown in capital letters. 67,589
Section 5104.012 of the Revised Code is presented in this act as 67,591
a composite of the section as amended by both Am. Sub. H.B. 445
and Am. Sub. S.B. 269 of the 121st General Assembly, with the new 67,592
language of neither of the acts shown in capital letters. 67,593
Section 5104.013 of the Revised Code is presented in this act as 67,595
a composite of the section as amended by both Am. Sub. H.B. 445
and Am. Sub. S.B. 269 of the 121st General Assembly, with the new 67,596
language of neither of the acts shown in capital letters. 67,597
Section 5104.32 of the Revised Code is presented in this act as a 67,599
composite of the section as amended by both Sub. H.B. 176 and Am. 67,600
Sub. H.B. 283 of the 123rd General Assembly, with the new 67,601
language of neither of the acts shown in capital letters.
Section 5104.38 of the Revised Code is presented in this act as a 67,603
composite of the section as amended by both Sub. H.B. 176 and Am. 67,604
Sub. H.B. 283 of the 123rd General Assembly, with the new 67,605
language of neither of the acts shown in capital letters.
Section 5703.21 of the Revised Code is presented in this act as a 67,607
composite of the section as amended by both Am. Sub. H.B. 283 and 67,608
Am. Sub. H.B. 362 of the 123rd General Assembly, with the new 67,609
language of neither of the acts shown in capital letters.
Section 5709.65 of the Revised Code is presented in this act as a 67,611
composite of the section as amended by Sub. H.B. 715, Am. Sub.
S.B. 19, Sub. S.B. 269, and Sub. S.B. 271 of the 120th General 67,612
Assembly, with the new language of none of the acts shown in 67,613
capital letters. Section 5733.33 of the Revised Code is 67,614
presented in this act as a composite of the section as amended by 67,615
both Am. Sub. H.B. 283 and Am. Sub. S.B. 3 of the 123rd General 67,616
Assembly, with the new language of neither of the acts shown in 67,617
capital letters. Section 5747.01 of the Revised Code is 67,618
presented in this act as a composite of the section as amended by 67,619
1490
both Am. Sub. H.B. 4 and Am. Sub. H.B. 282 of the 123rd General 67,620
Assembly, with the new language of neither of the acts shown in 67,621
capital letters. This is in recognition of the principle stated 67,622
in division (B) of section 1.52 of the Revised Code that such 67,623
amendments are to be harmonized where not substantively 67,624
irreconcilable and constitutes a legislative finding that such is 67,625
the resulting version in effect prior to the effective date of 67,626
this act.
Section 11. Section 5101.60 of the Revised Code was 67,628
amended by both Am. Sub. H.B. 253 and Am. Sub. S.B. 2 of the 67,629
118th General Assembly. Comparison of these amendments in 67,630
pursuance of section 1.52 of the Revised Code discloses that 67,631
while certain of the amendments of these acts are reconcilable, 67,632
certain other of the amendments are substantively irreconcilable. 67,633
S.B. 2 was passed on June 30, 1989; H.B. 253 was passed on July 67,634
11, 1989. Section 5101.60 of the Revised Code is therefore
presented in this act as it results from H.B. 253 and such of the 67,636
amendments of S.B. 2 as are not in conflict with the amendments 67,637
of H.B. 253. This is in recognition of the principles stated in 67,638
division (B) of section 1.52 of the Revised Code that amendments 67,639
are to be harmonized where not substantively irreconcilable, and 67,640
that where amendments are substantively irreconcilable, the 67,641
latest amendment is to prevail. This section constitutes a
legislative finding that such harmonized and reconciled section 67,642
was the resulting version in effect prior to the effective date 67,643
of this act.
Section 12. (A) Sections 1 and 2 and 9 through 11 of this 67,645
act shall take effect July 1, 2000. 67,647
(B) Sections 3 and 4 of this act shall take effect January 67,649
1, 2001.
(C) Sections 5 and 6 of this act shall take effect April 67,651
1, 2001.
(D) Sections 7 and 8 of this act shall take effect April 67,653
1, 2002.