As Passed by the House 1
123rd General Assembly 4
Regular Session H. B. No. 471 5
1999-2000 6
REPRESENTATIVES HARRIS-THOMAS-EVANS-METZGER-GOODMAN-TIBERI- 8
CALLENDER-CATES-SENATORS GARDNER-RAY-JOHNSON 9
_________________________________________________________________ 10
A B I L L
To amend sections 9.55, 101.39, 109.65, 109.85, 13
109.86, 117.10, 117.45, 121.37, 121.40, 122.16, 15
122.19, 122.23, 123.01, 124.11, 124.14, 124.324,
125.30, 126.07, 131.11, 131.41, 135.81, 135.96, 17
145.27, 149.43, 153.39, 169.02, 169.03, 169.08, 18
173.03, 173.17, 173.35, 173.40, 176.05, 307.01, 20
307.441, 307.98, 329.01, 329.02, 329.021,
329.022, 329.023, 329.03, 329.041, 329.042, 21
329.051, 329.07, 329.10, 329.12, 329.14, 331.02, 22
331.06, 742.41, 1347.08, 1553.10, 1701.86, 23
1702.47, 1703.17, 1729.55, 1743.05, 1751.01, 24
1751.11, 1751.12, 1751.13, 1751.20, 1751.31, 25
1925.04, 1925.13, 1925.18, 2101.11, 2101.16, 26
2113.06, 2151.152, 2151.232, 2151.281, 2151.353, 27
2151.36, 2151.39, 2151.412, 2151.413, 2151.416, 28
2151.421, 2151.43, 2151.49, 2151.86, 2301.35,
2301.356, 2301.358, 2301.36, 2301.37, 2301.371, 30
2301.372, 2301.373, 2301.374, 2301.375, 2301.43,
2305.26, 2317.56, 2705.031, 2715.041, 2715.045, 31
2716.13, 2744.05, 2913.40, 2949.26, 2950.11, 32
2950.13, 2951.02, 2953.51, 3101.01, 3107.013, 33
3107.031, 3107.032, 3107.051, 3107.062, 3107.063,
3107.064, 3107.065, 3107.071, 3107.081, 3107.082, 34
3107.083, 3107.09, 3107.091, 3107.10, 3107.12, 35
3107.13, 3107.141, 3107.17, 3107.39, 3109.05, 36
3109.15, 3109.16, 3109.18, 3109.401, 3111.03, 37
3111.06, 3111.07, 3111.09, 3111.20, 3111.21,
2
3111.211, 3111.22, 3111.23, 3111.231, 3111.24, 38
3111.25, 3111.27, 3111.99, 3113.04, 3113.07, 39
3113.09, 3113.16, 3113.21, 3113.211, 3113.212,
3113.213, 3113.214, 3113.215, 3113.216, 3113.99, 40
3115.21, 3115.31, 3301.15, 3301.32, 3301.53, 41
3301.57, 3301.581, 3301.59, 3304.231, 3307.21,
3309.22, 3313.714, 3313.715, 3314.08, 3317.029, 42
3317.06, 3317.064, 3317.10, 3319.089, 3321.18, 43
3323.021, 3331.04, 3335.24, 3354.21, 3501.01, 45
3599.45, 3701.023, 3701.241, 3701.78, 3701.80,
3702.55, 3702.74, 3705.07, 3705.09, 3705.091, 46
3705.10, 3721.011, 3721.022, 3721.071, 3721.08, 47
3721.12, 3721.14, 3721.15, 3721.19, 3721.51,
3721.511, 3721.52, 3721.53, 3721.54, 3721.55, 48
3721.56, 3721.57, 3721.58, 3722.04, 3722.15, 49
3722.16, 3724.12, 3727.13, 3727.17, 3729.02,
3729.11, 3729.14, 3729.18, 3729.21, 3729.24, 51
3729.26, 3729.61, 3733.49, 3737.22, 3737.65,
3750.02, 3770.071, 3781.06, 3781.10, 3793.051, 54
3793.07, 3793.15, 3923.50, 3924.42, 3924.47,
3929.721, 4109.01, 4109.05, 4109.08, 4109.11, 55
4109.12, 4109.13, 4109.21, 4111.01, 4111.03, 56
4111.04, 4111.05, 4111.06, 4111.07, 4111.08,
4111.09, 4111.10, 4111.13, 4111.17, 4111.25, 57
4111.26, 4111.27, 4111.28, 4111.29, 4111.30, 58
4112.02, 4115.03, 4115.031, 4115.032, 4115.034, 59
4115.04, 4115.05, 4115.07, 4115.071, 4115.08,
4115.09, 4115.10, 4115.101, 4115.12, 4115.13, 61
4115.131, 4115.132, 4115.133, 4115.14, 4115.15,
4115.16, 4115.32, 4121.69, 4123.038, 4123.27, 62
4123.56, 4123.62, 4141.01, 4141.031, 4141.044, 63
4141.07, 4141.09, 4141.11, 4141.131, 4141.14, 65
4141.17, 4141.18, 4141.20, 4141.23, 4141.231, 67
4141.24, 4141.241, 4141.242, 4141.25, 4141.26, 68
3
4141.27, 4141.29, 4141.30, 4141.301, 4141.31, 70
4141.321, 4141.33, 4141.35, 4141.38, 4141.39,
4141.40, 4141.41, 4141.42, 4141.43, 4141.431, 71
4141.47, 4167.02, 4167.06, 4167.08, 4167.09, 73
4167.10, 4167.11, 4167.12, 4167.14, 4167.15,
4167.16, 4167.17, 4167.19, 4303.292, 4582.37, 75
4731.71, 5101.03, 5101.071, 5101.072, 5101.11, 76
5101.111, 5101.14, 5101.141, 5101.142, 5101.143, 77
5101.15, 5101.16, 5101.161, 5101.162, 5101.18, 78
5101.181, 5101.182, 5101.183, 5101.184, 5101.19, 79
5101.212, 5101.26, 5101.27, 5101.28, 5101.29, 80
5101.30, 5101.31, 5101.312, 5101.313, 5101.314, 81
5101.315, 5101.316, 5101.317, 5101.319, 5101.32, 82
5101.321, 5101.322, 5101.323, 5101.324, 5101.325, 83
5101.326, 5101.327, 5101.33, 5101.34, 5101.341,
5101.36, 5101.44, 5101.45, 5101.46, 5101.48, 85
5101.49, 5101.50, 5101.502, 5101.51, 5101.512,
5101.513, 5101,515, 5101.516, 5101.517, 5101.518, 86
5101.52, 5101.53, 5101.54, 5101.541, 5101.542, 87
5101.543, 5101.544, 5101.572, 5101.58, 5101.59,
5101.60, 5101.61, 5101.611, 5101.62, 5101.63, 88
5101.65, 5101.67, 5101.70, 5101.71, 5101.72, 89
5101.75, 5101.751, 5101.752, 5101.754, 5101.80, 90
5101.81, 5101.83, 5101.851, 5101.852, 5101.853,
5101.854, 5101.93, 5103.03, 5103.031, 5103.032, 91
5103.04, 5103.07, 5103.08, 5103.12, 5103.14, 92
5103.151, 5103.152, 5103.154, 5103.16, 5103.17, 93
5103.22, 5103.23, 5104.01, 5104.011, 5104.012, 94
5104.013, 5104.014, 5104.015, 5104.02, 5104.021, 95
5104.03, 5104.04, 5104.05, 5104.052, 5104.06, 96
5104.07, 5104.08, 5104.081, 5104.09, 5104.10,
5104.11, 5104.12, 5104.13, 5104.21, 5104.22, 97
5104.30, 5104.301, 5104.31, 5104.32, 5104.33, 98
5104.34, 5104.341, 5104.35, 5104.36, 5104.37,
4
5104.38, 5104.39, 5104.40, 5104.41, 5104.42, 99
5104.43, 5104.44, 5107.03, 5107.05, 5107.10, 100
5107.12, 5107.14, 5107.16, 5107.161, 5107.162,
5107.18, 5107.20, 5107.22, 5107.24, 5107.26, 101
5107.28, 5107.282, 5107.283, 5107.284, 5107.286, 102
5107.287, 5107.30, 5107.40, 5107.41, 5107.42,
5107.43, 5107.44, 5107.50, 5107.52, 5107.54, 104
5107.541, 5107.58, 5107.60, 5107.62, 5107.64,
5107.65, 5107.66, 5107.68, 5107.69, 5107.70, 105
5107.72, 5107.76, 5107.78, 5108.02, 5108.07, 106
5108.08, 5108.09, 5108.10, 5111.01, 5111.011, 107
5111.012, 5111.013, 5111.014, 5111.015, 5111.016, 109
5111.017, 5111.018, 5111.019, 5111.02, 5111.021,
5111.022, 5111.023, 5111.03, 5111.04, 5111.05, 110
5111.06, 5111.07, 5111.08, 5111.09, 5111.10, 111
5111.11, 5111.111, 5111.112, 5111.113, 5111.12,
5111.121, 5111.13, 5111.14, 5111.16, 5111.17, 112
5111.173, 5111.18, 5111.181, 5111.19, 5111.20, 113
5111.202, 5111.203, 5111.204, 5111.205, 5111.21,
5111.22, 5111.221, 5111.23, 5111.231, 5111.235, 114
5111.24, 5111.241, 5111.25, 5111.251, 5111.252, 115
5111.255, 5111.257, 5111.26, 5111.261, 5111.263, 116
5111.27, 5111.29, 5111.291, 5111.30, 5111.31,
5111.33, 5111.34, 5111.341, 5111.35, 5111.36, 117
5111.37, 5111.38, 5111.41, 5111.42, 5111.45, 118
5111.46, 5111.47, 5111.48, 5111.49, 5111.50, 119
5111.51, 5111.52, 5111.53, 5111.54, 5111.55,
5111.56, 5111.57, 5111.58, 5111.59, 5111.60, 120
5111.61, 5111.62, 5111.74, 5111.81, 5111.87, 121
5111.88, 5112.01, 5112.03, 5112.04, 5112.05,
5112.06, 5112.07, 5112.08, 5112.09, 5112.10, 122
5112.11, 5112.17, 5112.18, 5112.19, 5112.21, 123
5112.31, 5112.32, 5112.33, 5112.34, 5112.35, 124
5112.37, 5112.38, 5112.39, 5112.99, 5115.01,
5
5115.011, 5115.012, 5115.02, 5115.03, 5115.05, 125
5115.061, 5115.07, 5115.10, 5115.13, 5115.15, 126
5115.20, 5119.221, 5120.37, 5123.01, 5123.181, 127
5123.191, 5123.604, 5126.31, 5139.08, 5139.34,
5139.39, 5153.01, 5153.02, 5153.10, 5153.111, 128
5153.121, 5153.14, 5153.15, 5153.16, 5153.163,
5153.17, 5153.20, 5153.21, 5153.22, 5153.27, 130
5153.29, 5153.30, 5153.32, 5153.35, 5153.36, 131
5153.38, 5153.49, 5153.52, 5502.01, 5505.04,
5703.21, 5709.65, 5709.67, 5733.04, 5733.33, 132
5747.01, 5747.121, 5747.122, and 5902.02 and to 133
amend, for the purpose of adopting new section
numbers as indicated in parentheses, sections 134
4111.25 (4139.01), 4111.26 (4139.02), 4111.27 135
(4139.03), 4111.28 (4139.04), 4111.29 (4139.05),
and 4111.30 (4139.06) of the Revised Code to 136
replace references to the Bureau or Administrator
of Employment Services with the Department or 137
Director of Job and Family Services and the 138
Department or Director of Commerce, to replace
references to the Department or Director of Human 139
Services with the Department or Director of Job 140
and Family Services, to replace references to a 141
county department of human services with the 142
county department of job and family services, to
replace references to human services with family 143
services, and to maintain the provisions of this 144
act on and after January 1, 2001, by amending the 145
versions of sections 3109.15, 3109.16, and
3109.18 of the Revised Code that take effect on 146
that date, on and after April 1, 2001, by 147
amending the version of section 4141.14 of the
Revised Code that takes effect on that date, and 148
on and after April 1, 2002, by amending the
6
version of section 4141.14 of the Revised Code 149
that takes effect on that date. 150
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 152
Section 1. That sections 9.55, 101.39, 109.65, 109.85, 155
109.86, 117.10, 117.45, 121.37, 121.40, 122.16, 122.19, 122.23, 157
123.01, 124.11, 124.14, 124.324, 125.30, 126.07, 131.11, 131.41, 159
135.81, 135.96, 145.27, 149.43, 153.39, 169.02, 169.03, 169.08, 160
173.03, 173.17, 173.35, 173.40, 176.05, 307.01, 307.441, 307.98, 162
329.01, 329.02, 329.021, 329.022, 329.023, 329.03, 329.041, 163
329.042, 329.051, 329.07, 329.10, 329.12, 329.14, 331.02, 331.06, 164
742.41, 1347.08, 1553.10, 1701.86, 1702.47, 1703.17, 1729.55, 166
1743.05, 1751.01, 1751.11, 1751.12, 1751.13, 1751.20, 1751.31, 167
1925.04, 1925.13, 1925.18, 2101.11, 2101.16, 2113.06, 2151.152, 169
2151.232, 2151.281, 2151.353, 2151.36, 2151.39, 2151.412, 170
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, 172
2301.373, 2301.374, 2301.375, 2301.43, 2305.26, 2317.56, 173
2705.031, 2715.041, 2715.045, 2716.13, 2744.05, 2913.40, 2949.26, 174
2950.11, 2950.13, 2951.02, 2953.51, 3101.01, 3107.013, 3107.031, 175
3107.032, 3107.051, 3107.062, 3107.063, 3107.064, 3107.065, 176
3107.071, 3107.081, 3107.082, 3107.083, 3107.09, 3107.091, 177
3107.10, 3107.12, 3107.13, 3107.141, 3107.17, 3107.39, 3109.05, 178
3109.15, 3109.16, 3109.18, 3109.401, 3111.03, 3111.06, 3111.07, 179
3111.09, 3111.20, 3111.21, 3111.211, 3111.22, 3111.23, 3111.231, 180
3111.24, 3111.25, 3111.27, 3111.99, 3113.04, 3113.07, 3113.09, 181
3113.16, 3113.21, 3113.211, 3113.212, 3113.213, 3113.214, 182
3113.215, 3113.216, 3113.99, 3115.21, 3115.31, 3301.15, 3301.32, 183
3301.53, 3301.57, 3301.581, 3301.59, 3304.231, 3307.21, 3309.22, 184
3313.714, 3313.715, 3314.08, 3317.029, 3317.06, 3317.064, 185
3317.10, 3319.089, 3321.18, 3323.021, 3331.04, 3335.24, 3354.21, 186
3501.01, 3599.45, 3701.023, 3701.241, 3701.78, 3701.80, 3702.55, 188
3702.74, 3705.07, 3705.09, 3705.091, 3705.10, 3721.011, 3721.022, 189
7
3721.071, 3721.08, 3721.12, 3721.14, 3721.15, 3721.19, 3721.51,
3721.511, 3721.52, 3721.53, 3721.54, 3721.55, 3721.56, 3721.57, 190
3721.58, 3722.04, 3722.15, 3722.16, 3724.12, 3727.13, 3727.17, 191
3729.02, 3729.11, 3729.14, 3729.18, 3729.21, 3729.24, 3729.26, 193
3729.61, 3733.49, 3737.22, 3737.65, 3750.02, 3770.071, 3781.06, 195
3781.10, 3793.051, 3793.07, 3793.15, 3923.50, 3924.42, 3924.47, 196
3929.721, 4109.01, 4109.05, 4109.08, 4109.11, 4109.12, 4109.13, 197
4109.21, 4111.01, 4111.03, 4111.04, 4111.05, 4111.06, 4111.07, 198
4111.08, 4111.09, 4111.10, 4111.13, 4111.17, 4111.25, 4111.26, 199
4111.27, 4111.28, 4111.29, 4111.30, 4112.02, 4115.03, 4115.031, 201
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, 203
4115.133, 4115.14, 4115.15, 4115.16, 4115.32, 4121.69, 4123.038, 204
4123.27, 4123.56, 4123.62, 4141.01, 4141.031, 4141.044, 4141.07, 206
4141.09, 4141.11, 4141.131, 4141.14, 4141.17, 4141.18, 4141.20, 208
4141.23, 4141.231, 4141.24, 4141.241, 4141.242, 4141.25, 4141.26, 210
4141.27, 4141.29, 4141.30, 4141.301, 4141.31, 4141.321, 4141.33, 212
4141.35, 4141.38, 4141.39, 4141.40, 4141.41, 4141.42, 4141.43, 213
4141.431, 4141.47, 4167.02, 4167.06, 4167.08, 4167.09, 4167.10, 215
4167.11, 4167.12, 4167.14, 4167.15, 4167.16, 4167.17, 4167.19, 216
4303.292, 4582.37, 4731.71, 5101.03, 5101.071, 5101.072, 5101.11, 218
5101.111, 5101.14, 5101.141, 5101.142, 5101.143, 5101.15, 219
5101.16, 5101.161, 5101.162, 5101.18, 5101.181, 5101.182, 220
5101.183, 5101.184, 5101.19, 5101.212, 5101.26, 5101.27, 5101.28, 222
5101.29, 5101.30, 5101.31, 5101.312, 5101.313, 5101.314, 223
5101.315, 5101.316, 5101.317, 5101.319, 5101.32, 5101.321, 224
5101.322, 5101.323, 5101.324, 5101.325, 5101.326, 5101.327, 225
5101.33, 5101.34, 5101.341, 5101.36, 5101.44, 5101.45, 5101.46, 227
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, 228
5101.54, 5101.541, 5101.542, 5101.543, 5101.544, 5101.572, 229
5101.58, 5101.59, 5101.60, 5101.61, 5101.611, 5101.62, 5101.63, 230
5101.65, 5101.67, 5101.70, 5101.71, 5101.72, 5101.75, 5101.751, 231
5101.752, 5101.754, 5101.80, 5101.81, 5101.83, 5101.851, 232
8
5101.852, 5101.853, 5101.854, 5101.93, 5103.03, 5103.031, 233
5103.032, 5103.04, 5103.07, 5103.08, 5103.12, 5103.14, 5103.151, 234
5103.152, 5103.154, 5103.16, 5103.17, 5103.22, 5103.23, 5104.01, 236
5104.011, 5104.012, 5104.013, 5104.014, 5104.015, 5104.02, 237
5104.021, 5104.03, 5104.04, 5104.05, 5104.052, 5104.06, 5104.07, 238
5104.08, 5104.081, 5104.09, 5104.10, 5104.11, 5104.12, 5104.13, 239
5104.21, 5104.22, 5104.30, 5104.301, 5104.31, 5104.32, 5104.33, 240
5104.34, 5104.341, 5104.35, 5104.36, 5104.37, 5104.38, 5104.39, 241
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, 243
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, 244
5107.43, 5107.44, 5107.50, 5107.52, 5107.54, 5107.541, 5107.58, 246
5107.60, 5107.62, 5107.64, 5107.65, 5107.66, 5107.68, 5107.69, 247
5107.70, 5107.72, 5107.76, 5107.78, 5108.02, 5108.07, 5108.08, 249
5108.09, 5108.10, 5111.01, 5111.011, 5111.012, 5111.013,
5111.014, 5111.015, 5111.016, 5111.017, 5111.018, 5111.019, 251
5111.02, 5111.021, 5111.022, 5111.023, 5111.03, 5111.04, 5111.05, 252
5111.06, 5111.07, 5111.08, 5111.09, 5111.10, 5111.11, 5111.111, 253
5111.112, 5111.113, 5111.12, 5111.121, 5111.13, 5111.14, 5111.16, 254
5111.17, 5111.173, 5111.18, 5111.181, 5111.19, 5111.20, 5111.202, 255
5111.203, 5111.204, 5111.205, 5111.21, 5111.22, 5111.221, 256
5111.23, 5111.231, 5111.235, 5111.24, 5111.241, 5111.25, 257
5111.251, 5111.252, 5111.255, 5111.257, 5111.26, 5111.261, 258
5111.263, 5111.27, 5111.29, 5111.291, 5111.30, 5111.31, 5111.33, 259
5111.34, 5111.341, 5111.35, 5111.36, 5111.37, 5111.38, 5111.41, 260
5111.42, 5111.45, 5111.46, 5111.47, 5111.48, 5111.49, 5111.50, 261
5111.51, 5111.52, 5111.53, 5111.54, 5111.55, 5111.56, 5111.57, 262
5111.58, 5111.59, 5111.60, 5111.61, 5111.62, 5111.74, 5111.81, 263
5111.87, 5111.88, 5112.01, 5112.03, 5112.04, 5112.05, 5112.06, 264
5112.07, 5112.08, 5112.09, 5112.10, 5112.11, 5112.17, 5112.18, 265
5112.19, 5112.21, 5112.31, 5112.32, 5112.33, 5112.34, 5112.35, 266
5112.37, 5112.38, 5112.39, 5112.99, 5115.01, 5115.011, 5115.012, 267
5115.02, 5115.03, 5115.05, 5115.061, 5115.07, 5115.10, 5115.13, 268
9
5115.15, 5115.20, 5119.221, 5120.37, 5123.01, 5123.181, 5123.191, 269
5123.604, 5126.31, 5139.08, 5139.34, 5139.39, 5153.01, 5153.02, 270
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, 272
5153.32, 5153.35, 5153.36, 5153.38, 5153.49, 5153.52, 5502.01, 273
5505.04, 5703.21, 5709.65, 5709.67, 5733.04, 5733.33, 5747.01, 274
5747.121, 5747.122, and 5902.02 be amended, and sections 4111.25 276
(4139.01), 4111.26 (4139.02), 4111.27 (4139.03), 4111.28 277
(4139.04), 4111.29 (4139.05), and 4111.30 (4139.06) of the
Revised Code be amended for the purpose of adopting new section 278
numbers as indicated in parentheses, to read as follows: 279
Sec. 9.55. (A) As used in this section, "state agency" 288
means the house of representatives, the senate, the governor, the 289
secretary of state, the auditor of state, the treasurer of state, 290
the attorney general, the department of human services, the 291
bureau of employment JOB AND FAMILY services, THE DEPARTMENT OF 292
COMMERCE the department of mental retardation and developmental 293
disabilities, the department of education, the department of 294
health, the department of aging, the governor's office of
advocacy for disabled persons, and the civil rights commission. 295
(B) Each state agency shall install in its offices at 297
least one teletypewriter designed to receive printed messages 298
from and transmit printed messages to deaf or hearing-impaired 299
persons.
Sec. 101.39. (A) There is hereby created the joint 308
legislative committee on health care oversight. The committee 310
may review or study any matter related to the provision of health 312
care services that it considers of significance to the citizens 313
of this state, including the availability of health care, the 314
quality of health care, the effectiveness and efficiency of 315
managed care systems, and the operation of the medical assistance 316
program established under Chapter 5111. of the Revised Code or 319
other government health programs. 320
The department of human JOB AND FAMILY services, department 322
10
of health, department of aging, department of mental health, 324
department of mental retardation and developmental disabilities, 325
department of alcohol and drug addiction services, and other 326
state agencies shall cooperate with the committee in its study 327
and review of health care issues. On request, the departments 328
shall provide the committee with reports and other information 329
sufficient for the committee to fulfill its duties. 330
The committee may issue recommendations as it determines 332
appropriate. The recommendations may be made to the general 333
assembly, state agencies, private industry, or any other entity. 334
(B) The committee shall consist of the following members 336
of the general assembly: the chairperson of the senate's 337
standing committee with primary responsibility for health 338
legislation, the chairperson of the house of representatives' 339
standing committee with primary responsibility for health
legislation, four members of the house of representatives 340
appointed by the speaker of the house of representatives, and 342
four members of the senate appointed by the president of the 344
senate. Not more than two members appointed by the speaker of 345
the house of representatives and not more than two members
appointed by the president of the senate may be of the same 346
political party. Except in 1995, appointments shall be made not 347
later than fifteen days after the commencement of the first 348
regular session of each general assembly. The chairpersons of 349
the standing committees with primary responsibility for health 350
legislation shall serve as co-chairpersons of the committee.
Each member of the committee shall hold office during the 352
general assembly in which the member is appointed and until a 353
successor has been appointed, notwithstanding the adjournment 354
sine die of the general assembly in which the member was 355
appointed or the expiration of the member's term as a member of
the general assembly. Any vacancies occurring among the members 356
of the committee shall be filled in the manner of the original 357
appointment.
11
The committee shall meet at least quarterly and at the call 359
of the co-chairpersons. The co-chairpersons shall determine the 360
time, place, and agenda for each meeting of the committee. 361
The committee has the same powers as other standing or 363
select committees of the general assembly. The committee may 364
request assistance from the legislative service commission and 365
the legislative budget office of the legislative service 366
commission.
Sec. 109.65. (A) As used in this section, "minor," 375
"missing child," and "missing children" have the same meanings as 376
in section 2901.30 of the Revised Code. 377
(B) There is hereby created within the office of the 379
attorney general the missing children clearinghouse. The 380
attorney general shall administer the clearinghouse. The 381
clearinghouse is established as a central repository of 382
information to coordinate and improve the availability of 383
information regarding missing children, which information shall 384
be collected and disseminated by the clearinghouse to assist in 385
the location of missing children. The clearinghouse shall act as 386
an information repository separate from and in addition to law 387
enforcement agencies within this state. 388
(C) The missing children clearinghouse may perform any of 390
the following functions: 391
(1) The establishment of services to aid in the location 393
of missing children that include, but are not limited to, any of 394
the following services: 395
(a) Assistance in the preparation and dissemination of 397
flyers identifying and describing missing children and their 398
abductors; 399
(b) The development of informational forms for the 401
reporting of missing children that may be used by parents, 402
guardians, and law enforcement officials to facilitate the 403
location of a missing child; 404
(c) The provision of assistance to public and private 406
12
organizations, boards of education, nonpublic schools, 407
preschools, child care facilities, and law enforcement agencies 408
in planning and implementing voluntary programs to fingerprint 409
children. 410
(2) The establishment and operation of a toll-free 412
telephone line for supplemental reports of missing children and 413
reports of sightings of missing children; 414
(3) Upon the request of any person or entity and upon 416
payment of any applicable fee established by the attorney general 417
under division (H) of this section, the provision to the person 418
or entity who makes the request of a copy of any information 419
possessed by the clearinghouse that was acquired or prepared 420
pursuant to division (E)(3) of this section; 421
(4) The performance of liaison services between 423
individuals and public and private agencies regarding procedures 424
for handling and responding to missing children reports; 425
(5) The participation as a member in any networks of other 427
missing children centers or clearinghouses; 428
(6) The creation and operation of an intrastate network of 430
communication designed for the speedy collection and processing 431
of information concerning missing children. 432
(D) If a board of education is notified by school 434
personnel that a missing child is attending any school under the 435
board's jurisdiction, or if the principal or chief administrative 436
officer of a nonpublic school is notified by school personnel 437
that a missing child is attending that school, the board or the 438
principal or chief administrative officer immediately shall give 439
notice of that fact to the missing children clearinghouse and to 440
the law enforcement agency with jurisdiction over the area where 441
the missing child resides. 442
(E)(1) The attorney general, in cooperation with the 444
department of human JOB AND FAMILY services, shall establish a 445
"missing child educational program" within the missing children 447
clearinghouse that shall perform the functions specified in 448
13
divisions (E)(1) to (3) of this section. The program shall 449
operate under the supervision and control of the attorney general 450
in accordance with procedures that the attorney general shall 451
develop to implement divisions (E)(1) to (3) of this section. 452
The attorney general shall cooperate with the department of 453
education in developing and disseminating information acquired or 454
prepared pursuant to division (E)(3) of this section. 455
(2) Upon the request of any board of education in this 457
state or any nonpublic school in this state, the missing child 458
educational program shall provide to the board or school a 459
reasonable number of copies of the information acquired or 460
prepared pursuant to division (E)(3) of this section. 461
Upon the request of any board of education in this state or 463
any nonpublic school in this state that, pursuant to section 464
3313.96 of the Revised Code, is developing an information program 465
concerning missing children issues and matters, the missing child 466
educational program shall provide to the board or nonpublic 467
school assistance in developing the information program. The 468
assistance may include, but is not limited to, the provision of 469
any or all of the following: 470
(a) If the requesting entity is a board of education of a 472
school district, sample policies on missing and exploited 473
children issues to assist the board in complying with section 474
3313.205 of the Revised Code; 475
(b) Suggested safety curricula regarding missing children 477
issues, including child safety and abduction prevention issues; 478
(c) Assistance in developing, with local law enforcement 480
agencies, prosecuting attorneys, boards of education, school 481
districts, and nonpublic schools, cooperative programs for 482
fingerprinting children; 483
(d) Other assistance to further the goals of the program. 485
(3) The missing child educational program shall acquire or 487
prepare informational materials relating to missing children 488
issues and matters. These issues and matters include, but are 489
14
not limited to, the following: 490
(a) The types of missing children; 492
(b) The reasons why and how minors become missing 494
children, the potential adverse consequences of a minor becoming 495
a missing child, and, in the case of minors who are considering 496
running away from home or from the care, custody, and control of 497
their parents, parent who is the residential parent and legal 498
custodian, guardian, legal custodian, or another person 499
responsible for them, alternatives that may be available to 500
address their concerns and problems; 501
(c) Offenses under federal law that could relate to 503
missing children and other provisions of federal law that focus 504
on missing children; 505
(d) Offenses under the Revised Code that could relate to 507
missing children, including, but not limited to, kidnapping, 508
abduction, unlawful restraint, child stealing, interference with 509
custody, endangering children, domestic violence, abuse of a 510
child and contributing to the dependency, neglect, unruliness, or 511
delinquency of a child, sexual offenses, drug offenses, 512
prostitution offenses, and obscenity offenses, and other 513
provisions of the Revised Code that could relate to missing 514
children; 515
(e) Legislation being considered by the general assembly, 517
legislatures of other states, the congress of the United States, 518
and political subdivisions in this or any other state to address 519
missing children issues; 520
(f) Sources of information on missing children issues; 522
(g) State, local, federal, and private systems for 524
locating and identifying missing children; 525
(h) Law enforcement agency programs, responsibilities, and 527
investigative techniques in missing children matters; 528
(i) Efforts on the community level in this and other 530
states, concerning missing children issues and matters, by 531
governmental entities and private organizations; 532
15
(j) The identification of private organizations that, 534
among their primary objectives, address missing children issues 535
and matters; 536
(k) How to avoid becoming a missing child and what to do 538
if one becomes a missing child; 539
(l) Efforts that schools, parents, and members of a 541
community can undertake to reduce the risk that a minor will 542
become a missing child and to quickly locate or identify a minor 543
if he becomes a missing child, including, but not limited to, 544
fingerprinting programs. 545
(F) Each year the missing children clearinghouse shall 547
issue a report describing its performance of the functions 548
specified in division (E) of this section and shall provide a 549
copy of the report to the speaker of the house of 550
representatives, the president of the senate, the governor, the 551
superintendent of the bureau of criminal identification and 552
investigation, and the director of human JOB AND FAMILY services. 553
(G) Any state agency or political subdivision of this 555
state that operates a missing children program or a clearinghouse 556
for information about missing children shall coordinate its 557
activities with the missing children clearinghouse. 558
(H) The attorney general shall determine a reasonable fee 560
to be charged for providing to any person or entity other than a 561
state or local law enforcement agency of this or any other state, 562
a law enforcement agency of the United States, a board of 563
education of a school district in this state, a nonpublic school 564
in this state, a governmental entity in this state, or a public 565
library in this state, pursuant to division (A)(3) of this 566
section, copies of any information acquired or prepared pursuant 567
to division (E)(3) of this section. The attorney general shall 568
collect the fee prior to sending or giving copies of any 569
information to any person or entity for whom or which this 570
division requires the fee to be charged and shall deposit the fee 571
into the missing children fund created by division (I) of this 572
16
section. 573
(I) There is hereby created in the state treasury the 575
missing children fund that shall consist of all moneys awarded to 576
the state by donation, gift, or bequest, all other moneys 577
received for purposes of this section, and all fees collected 578
pursuant to this section or section 109.64 of the Revised Code. 579
The attorney general shall use the moneys in the missing children 580
fund only for purposes of the office of the attorney general 581
acquiring or preparing information pursuant to division (E)(3) of 582
this section. 583
(J) The failure of the missing children clearinghouse to 585
undertake any function or activity authorized in this section 586
does not create a cause of action against the state. 587
Sec. 109.85. (A) Upon the written request of the 596
governor, the general assembly, the auditor of state, the 597
director of human JOB AND FAMILY services, the director of 598
health, or the director of budget and management, or upon the 600
attorney general's becoming aware of criminal or improper 601
activity related to Chapter 3721. and the medical assistance 602
program established under section 5111.01 of the Revised Code, 603
the attorney general shall investigate any criminal or civil 604
violation of law related to Chapter 3721. of the Revised Code or 605
the medical assistance program. 606
(B) When it appears to the attorney general, as a result 608
of an investigation under division (A) of this section, that 609
there is cause to prosecute for the commission of a crime or to 610
pursue a civil remedy, he THE ATTORNEY GENERAL may refer the 611
evidence to the prosecuting attorney having jurisdiction of the 613
matter, or to a regular grand jury drawn and impaneled pursuant 614
to sections 2939.01 to 2939.24 of the Revised Code, or to a 615
special grand jury drawn and impaneled pursuant to section 616
2939.17 of the Revised Code, or he THE ATTORNEY GENERAL may 617
initiate and prosecute any necessary criminal or civil actions in 619
any court or tribunal of competent jurisdiction in this state. 620
17
When proceeding under this section, the attorney general, and any 621
assistant or special counsel designated by him THE ATTORNEY 622
GENERAL for that purpose, have all rights, privileges, and powers 624
of prosecuting attorneys. The attorney general shall have 625
exclusive supervision and control of all investigations and
prosecutions initiated by him THE ATTORNEY GENERAL under this 627
section. The forfeiture provisions of sections 2933.71 to 628
2933.75 of the Revised Code apply in relation to any such 629
criminal action initiated and prosecuted by the attorney general. 630
(C) Nothing in this section shall prevent a county 632
prosecuting attorney from investigating and prosecuting criminal 633
activity related to Chapter 3721. of the Revised Code and the 634
medical assistance program established under section 5111.01 of 635
the Revised Code. The forfeiture provisions of sections 2933.71 636
to 2933.75 of the Revised Code apply in relation to any 637
prosecution of criminal activity related to the medical 638
assistance program undertaken by the prosecuting attorney. 639
Sec. 109.86. (A) The attorney general shall investigate 648
any activity he THE ATTORNEY GENERAL has reasonable cause to 649
believe is in violation of section 2903.34 of the Revised Code. 651
Upon written request of the governor, the general assembly, the 652
auditor of state, or the director of health, human JOB AND FAMILY 653
services, aging, mental health, or mental retardation and 655
developmental disabilities, the attorney general shall 656
investigate any activity these persons believe is in violation of 657
section 2903.34 of the Revised Code. If after an investigation 658
the attorney general has probable cause to prosecute for the 659
commission of a crime, he THE ATTORNEY GENERAL shall refer the 660
evidence to the prosecuting attorney, director of law, or other 661
similar chief legal officer having jurisdiction over the matter. 662
If the prosecuting attorney decides to present the evidence to a 663
grand jury, he THE PROSECUTING ATTORNEY shall notify the attorney 665
general in writing of the decision within thirty days after 666
referral of the matter and shall present the evidence prior to 667
18
the discharge of the next regular grand jury. If the director of 668
law or other chief legal officer decides to prosecute the case, 669
he THE DIRECTOR OR OFFICER shall notify the attorney general in 671
writing of the decision within thirty days and shall initiate 672
prosecution within sixty days after the matter was referred to 673
him THE DIRECTOR OR OFFICER.
(B) If the prosecuting attorney, director of law, or other 675
chief legal officer fails to notify the attorney general or to 676
present evidence or initiate prosecution in accordance with 677
division (A) of this section, the attorney general may present 678
the evidence to a regular grand jury drawn and impaneled pursuant 679
to sections 2939.01 to 2939.24 of the Revised Code, or to a 680
special grand jury drawn and impaneled pursuant to section 681
2939.17 of the Revised Code, or he THE ATTORNEY GENERAL may 682
initiate and prosecute any action in any court or tribunal of 684
competent jurisdiction in this state. The attorney general, and 685
any assistant or special counsel designated by him THE ATTORNEY 686
GENERAL, have all the powers of a prosecuting attorney, director 688
of law, or other chief legal officer when proceeding under this 689
section. Nothing in this section shall limit or prevent a 690
prosecuting attorney, director of law, or other chief legal 691
officer from investigating and prosecuting criminal activity 692
committed against a resident or patient of a care facility. 693
Sec. 117.10. The auditor of state shall audit all public 702
offices as provided in this chapter. The auditor of state also 703
may audit the accounts of private institutions, associations, 705
boards, and corporations receiving public money for their use and 707
may require of them annual reports in such form as the auditor of 708
state prescribes.
The auditor of state may audit the accounts of any provider 710
as defined in section 5111.06 of the Revised Code, if requested 711
by the Ohio department of human JOB AND FAMILY services. 713
If a public office has been audited by an agency of the 715
United States government, the auditor of state may, if satisfied 716
19
that the federal audit has been conducted according to principles 718
and procedures not contrary to those of the auditor of state, use 719
and adopt the federal audit and report in lieu of an audit by the 720
auditor of state's own office.
Within thirty days after the creation or dissolution or the 722
winding up of the affairs of any public office, that public 723
office shall notify the auditor of state in writing that this 724
action has occurred.
Sec. 117.45. (A) The auditor of state shall draw warrants 733
against the treasurer of state pursuant to all requests for 734
payment that the director of budget and management has approved 735
under section 126.07 of the Revised Code. 736
(B) Unless the director of human JOB AND FAMILY services 738
has provided for the making of payments by electronic benefit 740
transfer, if a financial institution and account have been 741
designated by the participant or recipient, payment by the 742
auditor of state to a participant in the Ohio works first program 743
pursuant to Chapter 5107. of the Revised Code or a recipient of 744
disability assistance pursuant to Chapter 5115. of the Revised 746
Code shall be made by direct deposit to the account of the 747
participant or recipient in the financial institution. Payment
by the auditor of state to a recipient of benefits distributed 749
through the medium of electronic benefit transfer pursuant to
section 5101.33 of the Revised Code shall be by electronic 750
benefit transfer. Payment by the auditor of state as 751
compensation to an employee of the state who has, pursuant to 752
section 124.151 of the Revised Code, designated a financial 753
institution and account for the direct deposit of such payments 754
shall be made by direct deposit to the account of the employee. 755
Payment to any other payee who has designated a financial 756
institution and account for the direct deposit of such payment 757
may be made by direct deposit to the account of the payee in the 758
financial institution as provided in section 9.37 of the Revised 759
Code. The auditor of state shall contract with an authorized 760
20
financial institution for the services necessary to make direct 761
deposits or electronic benefit transfers under this division and 762
draw lump sum warrants payable to that institution in the amount 763
to be transferred. Accounts maintained by the auditor of state 764
or the auditor of state's agent in a financial institution for 765
the purpose of effectuating payment by direct deposit or 767
electronic benefit transfer shall be maintained in accordance 768
with section 135.18 of the Revised Code.
(C) All other payments from the state treasury shall be 770
made by paper warrants or by direct deposit payable to the 771
respective payees. The auditor of state may mail the paper 773
warrants to the respective payees or distribute them through 774
other state agencies, whichever the auditor of state determines 775
to be the better procedure.
(D) If the average per transaction cost the auditor of 777
state incurs in making direct deposits for a state agency exceeds 778
the average per transaction cost the auditor of state incurs in 780
drawing paper warrants for all public offices during the same 781
period of time, the auditor of state may certify the difference 782
in cost and the number of direct deposits for the agency to the 784
director of administrative services. The director shall 785
reimburse the auditor of state for such additional costs and add 786
the amount to the processing charge assessed upon the state 787
agency.
Sec. 121.37. (A)(1) There is hereby created the Ohio 796
family and children first cabinet council. The council shall be 797
composed of the superintendent of public instruction and the 798
directors of youth services, human JOB AND FAMILY services, 799
mental health, health, alcohol and drug addiction services, 801
mental retardation and developmental disabilities, and budget and 802
management. The chairperson of the council shall be the governor 803
or the governor's designee and shall establish procedures for the 804
council's internal control and management. 805
(2) The purpose of the cabinet council is to help families 807
21
seeking government services. This section shall not be 808
interpreted or applied to usurp the role of parents, but solely 809
to streamline and coordinate existing government services for 810
families seeking assistance for their children. 811
In seeking to fulfill its purpose, the council may do any 813
of the following: 814
(a) Advise and make recommendations to the governor and 816
general assembly regarding the provision of services to children; 817
(b) Advise and assess local governments on the 819
coordination of service delivery to children; 820
(c) Hold meetings at such times and places as may be 822
prescribed by the council's procedures and maintain records of 823
the meetings, except that records identifying individual children 825
are confidential and shall be disclosed only as provided by law; 826
(d) Develop programs and projects, including pilot 828
projects, to encourage coordinated efforts at the state and local 829
level to improve the state's social service delivery system; 831
(e) Enter into contracts with and administer grants to 833
county family and children first councils, as well as other 835
county or multicounty organizations to plan and coordinate 836
service delivery between state agencies and local service 837
providers for families and children; 838
(f) Enter into contracts with and apply for grants from 840
federal agencies or private organizations; 841
(g) Enter into interagency agreements to encourage 844
coordinated efforts at the state and local level to improve the
state's social service delivery system. The agreements may 845
include provisions regarding the receipt, transfer, and 846
expenditure of funds.
(3) The cabinet council shall provide for the following: 849
(a) Reviews of service and treatment plans for children 852
for which such reviews are requested;
(b) Assistance as the council determines to be necessary 856
to meet the needs of children referred by county family and 858
22
children first councils;
(c) Monitoring and supervision of a statewide, 862
comprehensive, coordinated, multi-disciplinary, interagency 863
system for infants and toddlers with developmental disabilities 864
or delays and their families, as established pursuant to federal 865
grants received and administered by the department of health for 866
early intervention services under the "Education of the 867
Handicapped Act Amendments of 1986," 100 Stat. 1145 (1986), 20 868
U.S.C.A. 1471, as amended. 869
(B)(1) Each county shall establish a county family and 872
children first council. A county may invite any local public or 873
private agency or group that funds, advocates, or provides 874
services to children and families to have a representative become 875
a permanent or temporary member of its county council. Each 876
county council must include the following individuals: 878
(a) At least three individuals whose families are or have 880
received services from an agency represented on the council or 881
another county's council. Where possible, the number of members 882
representing families shall be equal to twenty per cent of the 883
council's membership.
(b) The director of the board of alcohol, drug addiction, 886
and mental health services that serves the county, or, in the 887
case of a county that has a board of alcohol and drug addiction 888
services and a community mental health board, the directors of 889
both boards. If a board of alcohol, drug addiction, and mental 890
health services covers more than one county, the director may 891
designate a person to participate on the county's council. 892
(c) The health commissioner, or the commissioner's 894
designee, of the board of health of each city and general health 896
district in the county. If the county has two or more health 898
districts, the health commissioner membership may be limited to 899
the commissioners of the two districts with the largest 900
populations.
(d) The director of the county department of human JOB AND 902
23
FAMILY services; 903
(e) The executive director of the county agency 906
responsible for the administration of children services pursuant 907
to section 5153.15 of the Revised Code; 908
(f) The superintendent of the county board of mental 911
retardation and developmental disabilities;
(g) The county's juvenile court judge senior in service or 914
another judge of the juvenile court designated by the
administrative judge or, where there is no administrative judge, 915
by the judge senior in service; 916
(h) The superintendent of the city, exempted village, or 919
local school district with the largest number of pupils residing 920
in the county, as determined by the department of education, 921
which shall notify each county of its determination at least 922
biennially;
(i) A school superintendent representing all other school 925
districts with territory in the county, as designated at a 926
biennial meeting of the superintendents of those districts; 927
(j) A representative of the municipal corporation with the 930
largest population in the county; 931
(k) The chair of the board of county commissioners, or an 934
individual designated by the board;
(l) A representative of the regional office of the 936
department of youth services; 938
(m) A representative of the county's head start agencies, 941
as defined in section 3301.31 of the Revised Code; 942
(n) A representative of the county's early intervention 945
collaborative established pursuant to the federal early 946
intervention program operated under the "Education of the 947
Handicapped Act Amendments of 1986"; 948
(o) A representative of a local nonprofit entity that 951
funds, advocates, or provides services to children and families.
Notwithstanding any other provision of law, the public 953
members of a county council are not prohibited from serving on 955
24
the council and making decisions regarding the duties of the 956
council, including those involving the funding of joint projects 957
and those outlined in the county's service coordination mechanism 958
implemented pursuant to division (C) of this section. 959
The cabinet council shall establish a state appeals process 961
to resolve disputes among the members of a county council 962
concerning whether reasonable responsibilities as members are 963
being shared. The appeals process may be accessed only by a 964
majority vote of the council members who are required to serve on 965
the council. Upon appeal, the cabinet council may order that
state funds for services to children and families be redirected 966
to a county's board of county commissioners. 967
(2) A county council shall provide for the following: 969
(a) Referrals to the cabinet council of those children for 972
whom the county council cannot provide adequate services; 973
(b) Development and implementation of a process that 975
annually evaluates and prioritizes services, fills service gaps 977
where possible, and invents new approaches to achieve better 978
results for families and children; 979
(c) Participation in the development of a countywide, 982
comprehensive, coordinated, multi-disciplinary, interagency 983
system for infants and toddlers with developmental disabilities 984
or delays and their families, as established pursuant to federal 985
grants received and administered by the department of health for 986
early intervention services under the "Education of the 987
Handicapped Act Amendments of 1986"; 988
(d) Maintenance of an accountability system to monitor the 992
county council's progress in achieving results for families and 993
children;
(e) Establishment of a mechanism to ensure ongoing input 997
from a broad representation of families who are receiving
services within the county system. 998
(3)(a) Except as provided in division (B)(3)(b) of this 1,001
section, a county council shall comply with the policies, 1,002
25
procedures, and activities prescribed by the rules or interagency 1,003
agreements of a state department participating on the cabinet 1,004
council whenever the county council performs a function subject 1,006
to those rules or agreements.
(b) On application of a county council, the cabinet 1,009
council may grant an exemption from any rules or interagency 1,010
agreements of a state department participating on the council if 1,011
an exemption is necessary for the council to implement an 1,012
alternative program or approach for service delivery to families 1,013
and children. The application shall describe the proposed 1,014
program or approach and specify the rules or interagency 1,015
agreements from which an exemption is necessary. The cabinet 1,017
council shall approve or disapprove the application in accordance 1,018
with standards and procedures it shall adopt. If an application 1,019
is approved, the exemption is effective only while the program or 1,021
approach is being implemented, including a reasonable period 1,022
during which the program or approach is being evaluated for 1,023
effectiveness.
(4) Each county council shall designate an administrative 1,026
agent for the council from among the following public entities:
the board of alcohol, drug addiction, and mental health services, 1,027
including a board of alcohol and drug addiction or a community 1,028
mental health board if the county is served by separate boards; 1,029
the board of county commissioners; any board of health of the 1,030
county's city and general health districts; the county department 1,031
of human JOB AND FAMILY services; the county agency responsible 1,032
for the administration of children services pursuant to section 1,033
5153.15 of the Revised Code; the county board of mental 1,035
retardation and developmental disabilities; any of the county's 1,036
boards of education or governing boards of educational service
centers; or the county's juvenile court. Any of the foregoing 1,037
public entities, other than the board of county commissioners, 1,038
may decline to serve as the council's administrative agent. 1,039
A county council's administrative agent shall serve as the 1,041
26
council's appointing authority. The council shall file an annual 1,042
budget with its administrative agent, with copies filed with the 1,043
county auditor and with the board of county commissioners, unless 1,044
the board is serving as the council's administrative agent. The 1,045
council's administrative agent shall ensure that all expenditures 1,046
are handled in accordance with policies, procedures, and
activities prescribed by state departments in rules or 1,047
interagency agreements that are applicable to the council's 1,048
functions.
The administrative agent for a county council may do any of 1,050
the following on behalf of the council: 1,051
(a) Enter into agreements or administer contracts with 1,053
public or private entities to fulfill specific council business. 1,054
Such agreements and contracts are exempt from the competitive 1,055
bidding requirements of section 307.86 of the Revised Code if 1,057
they have been approved by the county council and they are for 1,058
the purchase of family and child welfare or child protection 1,059
services or other social or human JOB AND FAMILY services for 1,060
families and children. The approval of the county council is not 1,061
required to exempt agreements or contracts entered into under 1,062
section 5139.34, 5139.41, or 5139.43 of the Revised Code from the 1,064
competitive bidding requirements of section 307.86 of the Revised 1,065
Code.
(b) As determined by the council, provide financial 1,067
stipends, reimbursements, or both, to family representatives for 1,068
expenses related to council activity; 1,069
(c) Receive by gift, grant, devise, or bequest any moneys, 1,071
lands, or other property for the purposes for which the council 1,072
is established. The agent shall hold, apply, and dispose of the 1,073
moneys, lands, or other property according to the terms of the 1,074
gift, grant, devise, or bequest. Any interest or earnings shall 1,075
be treated in the same manner and are subject to the same terms 1,076
as the gift, grant, devise, or bequest from which it accrues.
(5) Two or more county councils may enter into an 1,078
27
agreement to administer their county councils jointly by creating 1,080
a regional family and children first council. A regional council
possesses the same duties and authority possessed by a county 1,082
council, except that the duties and authority apply regionally 1,083
rather than to individual counties. Prior to entering into an 1,084
agreement to create a regional council, the members of each 1,085
county council to be part of the regional council shall meet to 1,086
determine whether all or part of the members of each county 1,087
council will serve as members of the regional council. 1,088
(6) A board of county commissioners may approve a 1,090
resolution by a majority vote of the board's members that 1,092
requires the county council to submit a statement to the board 1,093
each time the council proposes to enter into an agreement, adopt 1,094
a plan, or make a decision, other than a decision pursuant to 1,096
section 121.38 of the Revised Code, that requires the expenditure 1,098
of funds for two or more families. The statement shall describe 1,099
the proposed agreement, plan, or decision. 1,100
Not later than fifteen days after the board receives the 1,102
statement, it shall, by resolution approved by a majority of its 1,104
members, approve or disapprove the agreement, plan, or decision. 1,105
Failure of the board to pass a resolution during that time period 1,106
shall be considered approval of the agreement, plan, or decision. 1,107
An agreement, plan, or decision for which a statement is 1,109
required to be submitted to the board shall be implemented only 1,110
if it is approved by the board. 1,111
(C) Each county shall develop a county service 1,114
coordination mechanism. The mechanism shall be developed and 1,116
approved with the participation of the county entities 1,117
representing child welfare; mental retardation and developmental 1,118
disabilities; alcohol, drug addiction, and mental health 1,119
services; health; juvenile judges; education; the county family 1,120
and children first council; and the county early intervention 1,122
collaborative established pursuant to the federal early 1,123
intervention program operated under the "Education of the 1,124
28
Handicapped Act Amendments of 1986." The county shall establish 1,126
an implementation schedule for the mechanism. The cabinet
council may monitor the implementation and administration of each 1,127
county's service coordination mechanism. 1,128
Each mechanism shall include all of the following: 1,132
(1) A procedure for assessing the needs of any child, 1,134
including a child who is an abused, neglected, dependent, unruly, 1,135
or delinquent child and under the jurisdiction of the juvenile 1,136
court or a child whose parent or custodian is voluntarily seeking 1,137
services; 1,138
(2) A procedure for assessing the service needs of the 1,140
family of any child, including a child who is an abused, 1,141
neglected, dependent, unruly, or delinquent child and under the 1,142
jurisdiction of the juvenile court or a child whose parent or 1,143
custodian is voluntarily seeking services; 1,144
(3) A procedure for development of a comprehensive joint 1,146
service plan designating service responsibilities among the 1,149
various state and local agencies that provide services to 1,150
children and their families, including children who are abused, 1,151
neglected, dependent, unruly, or delinquent children and under 1,152
the jurisdiction of the juvenile court and children whose parents 1,153
or custodians are voluntarily seeking services;
(4) A local dispute resolution process to serve as the 1,156
process that must be used first to resolve disputes among the 1,157
agencies represented on the county council concerning the 1,158
provision of services to children, including children who are 1,161
abused, neglected, dependent, unruly, or delinquent children and 1,162
under the jurisdiction of the juvenile court and children whose 1,163
parents or custodians are voluntarily seeking services. The 1,164
local dispute resolution process shall comply with section 121.38 1,166
of the Revised Code. The cabinet council shall adopt rules in
accordance with Chapter 119. of the Revised Code establishing an 1,167
administrative review process to address problems that arise 1,169
concerning the operation of a local dispute resolution process. 1,170
29
Sec. 121.40. (A) There is hereby created the governor's 1,179
community service council consisting of twenty-one members 1,180
including the superintendent of public instruction or the 1,181
superintendent's designee, the chancellor of the Ohio board of 1,182
regents or the chancellor's designee, the director of natural 1,183
resources or the director's designee, the director of youth 1,184
services or the director's designee, the director of aging or the 1,186
director's designee, the director of human JOB AND FAMILY
services or the director's designee, the chairperson of the 1,189
committee of the house of representatives dealing with education 1,190
or the chairperson's designee, the chairperson of the committee 1,191
of the senate dealing with education or the chairperson's 1,192
designee, and thirteen members who shall be appointed by the 1,194
governor with the advice and consent of the senate and who shall 1,195
serve terms of office of three years. The appointees shall 1,196
include educators, including teachers and administrators;
representatives of youth organizations; students and parents; 1,197
representatives of organizations engaged in volunteer program 1,198
development and management throughout the state, including youth 1,199
and conservation programs; and representatives of business, 1,200
government, nonprofit organizations, social service agencies, 1,201
veterans organizations, religious organizations, or 1,202
philanthropies that support or encourage volunteerism within the 1,203
state. Members of the council shall receive no compensation, but 1,204
shall be reimbursed for actual and necessary expenses incurred in 1,206
the performance of their official duties.
(B) The council shall appoint an executive director for 1,208
the council, who shall be in the unclassified civil service. The 1,210
executive director shall supervise the council's activities and 1,211
report to the council on the progress of those activities. The 1,213
executive director shall do all things necessary for the 1,214
efficient and effective implementation of the duties of the 1,215
council.
The responsibilities assigned to the executive director do 1,217
30
not relieve the members of the council from final responsibility 1,218
for the proper performance of the requirements of this division. 1,219
(C) The council or its designee shall do all of the 1,223
following:
(1) Employ, promote, supervise, and remove all employees 1,226
as needed in connection with the performance of its duties under 1,228
this section and may assign duties to those employees as
necessary to achieve the most efficient performance of its 1,229
functions, and to that end may establish, change, or abolish 1,230
positions, and assign and reassign duties and responsibilities of 1,231
any employee of the council. Personnel employed by the council 1,232
who are subject to Chapter 4117. of the Revised Code shall retain 1,234
all of their rights and benefits conferred pursuant to that 1,235
chapter. Nothing in this chapter shall be construed as 1,236
eliminating or interfering with Chapter 4117. of the Revised Code 1,238
or the rights and benefits conferred under that chapter to public 1,239
employees or to any bargaining unit. 1,240
(2) Maintain its office in Columbus, and may hold sessions 1,243
at any place within the state;
(3) Acquire facilities, equipment, and supplies necessary 1,245
to house the council, its employees, and files and records under 1,246
its control, and to discharge any duty imposed upon it by law. 1,247
The expense of these acquisitions shall be audited and paid for 1,248
in the same manner as other state expenses. For that purpose, 1,249
the council shall prepare and submit to the office of budget and
management a budget for each biennium according to sections 1,250
101.532 and 107.03 of the Revised Code. The budget submitted 1,252
shall cover the costs of the council and its staff in the 1,253
discharge of any duty imposed upon the council by law. The 1,254
council shall not delegate any authority to obligate funds. 1,255
(4) Pay its own payroll and other operating expenses from 1,257
line items designated by the general assembly; 1,258
(5) Retain its fiduciary responsibility as appointing 1,260
authority. Any transaction instructions shall be certified by 1,261
31
the appointing authority or its designee. 1,262
(6) Establish the overall policy and management of the 1,264
council in accordance with this chapter; 1,265
(7) Assist in coordinating and preparing the state 1,267
application for funds under sections 101 to 184 of the "National 1,268
and Community Service Act of 1990," 104 Stat. 3127 (1990), 42 1,269
U.S.C.A. 12411 to 12544, and amendments thereto, assist in 1,270
administering and overseeing the "National and Community Service 1,271
Trust Act of 1993," P.L. 103-82, 107 Stat. 785, and the 1,272
americorps program in this state, and assist in developing 1,273
objectives for a comprehensive strategy to encourage and expand 1,274
community service programs throughout the state;
(8) Assist the state board of education, school districts, 1,276
the board of regents, and institutions of higher education in 1,277
coordinating community service education programs through 1,278
cooperative efforts between institutions and organizations in the 1,279
public and private sectors; 1,280
(9) Assist the departments of natural resources, youth 1,282
services, aging, and human JOB AND FAMILY services in 1,283
coordinating community service programs through cooperative 1,285
efforts between institutions and organizations in the public and 1,286
private sectors;
(10) Suggest individuals and organizations that are 1,288
available to assist school districts, institutions of higher 1,289
education, and the departments of natural resources, youth 1,290
services, aging, and human JOB AND FAMILY services in the 1,291
establishment of community service programs and assist in 1,293
investigating sources of funding for implementing such programs; 1,294
(11) Assist in evaluating the state's efforts in providing 1,296
community service programs using standards and methods that are 1,297
consistent with any statewide objectives for such programs and 1,298
provide information to the state board of education, school 1,299
districts, the board of regents, institutions of higher 1,300
education, and the departments of natural resources, youth 1,301
32
services, aging, and human JOB AND FAMILY services to guide them 1,302
in making decisions about these programs; 1,304
(12) Assist the state board of education in complying with 1,306
section 3301.70 of the Revised Code and the board of regents in 1,307
complying with division (B)(2) of section 3333.043 of the Revised 1,308
Code. 1,309
(D) The department of aging shall serve as the council's 1,311
fiscal agent. Beginning on July 1, 1997, whenever reference is 1,312
made in any law, contract, or document to the functions of the 1,313
department of youth services as fiscal agent to the council, the 1,314
reference shall be deemed to refer to the department of aging. 1,315
The department of aging shall have no responsibilty
RESPONSIBILITY for or obligation to the council prior to July 1, 1,317
1997. Any validation, cure, right, privilege, remedy, 1,318
obligation, or liability shall be retained by the council.
As used in this section, "fiscal agent" means technical 1,320
support and includes the following technical support services: 1,321
(1) Preparing and processing payroll and other personnel 1,323
documents that the council executes as the appointing authority. 1,324
The department of aging shall not approve any payroll or other 1,325
personnel-related documents.
(2) Maintaining ledgers of accounts and reports of account 1,327
balances, and monitoring budgets and allotment plans in 1,328
consultation with the council. The department shall not approve 1,329
any biennial budget, grant, expenditure, audit, or fiscal-related 1,330
document.
(3) Performing other routine support services that the 1,332
director of aging or the director's designee and the council or 1,333
its designee consider appropriate to achieve efficiency. 1,334
(E) The council or its designee has the following 1,336
authority and responsibility relative to fiscal matters: 1,337
(1) Sole authority to draw funds for any and all federal 1,339
programs in which the council is authorized to participate; 1,340
(2) Sole authority to expend funds from their accounts for 1,342
33
programs and any other necessary expenses the council may incur 1,343
and its subgrantees may incur;
(3) Responsibility to cooperate with and inform the 1,345
department of aging as fiscal agent to ensure that the department 1,346
is fully apprised of all financial transactions. 1,347
The council shall follow all state procurement 1,349
requirements.
The department of aging shall determine fees to be charged 1,351
to the council, which shall be in proportion to the services 1,352
performed for the council.
The council shall pay fees owed to the department of aging 1,354
from a general revenue fund of the council or from any other fund 1,355
from which the operating expenses of the council are paid. Any 1,356
amounts set aside for a fiscal year for the payment of such fees 1,357
shall be used only for the services performed for the council by 1,358
the department of aging in that fiscal year.
Sec. 122.16. (A) As used in this section: 1,367
(1) "Distressed area" means either a municipal corporation 1,369
that has a population of at least fifty thousand or a county, 1,370
that meets two of the following criteria: 1,371
(a) Its average rate of unemployment, during the most 1,374
recent five-year period for which data are available, is equal to 1,375
at least one hundred twenty-five per cent of the average rate of 1,376
unemployment for the United States for the same period. 1,378
(b) It has a per capita income equal to or below eighty 1,381
per cent of the median county per capita income of the United 1,382
States as determined by the most recently available figures from 1,384
the United States census bureau. 1,386
(c)(i) In the case of a municipal corporation, at least 1,389
twenty per cent of the residents have a total income for the most 1,390
recent census year that is below the official poverty line. 1,391
(ii) In the case of a county, in intercensal years, the 1,394
county has a ratio of transfer payment income to total county 1,395
income equal to or greater than twenty-five per cent. 1,396
34
(2) "Eligible area" means a distressed area, a labor 1,399
surplus area, an inner city area, or a situational distress area. 1,401
(3) "Eligible costs associated with a voluntary action" 1,403
means costs incurred during the qualifying period in performing a 1,404
remedy or remedial activities, as defined in section 3746.01 of 1,405
the Revised Code, and any costs incurred during the qualifying 1,407
period in performing both a phase I and phase II property 1,409
assessment, as defined in the rules adopted under section 3746.04 1,410
of the Revised Code, provided that the performance of the phase I 1,412
and phase II property assessment resulted in the implementation 1,414
of the remedy or remedial activities.
(4) "Inner city area" means, in a municipal corporation 1,416
that has a population of at least one hundred thousand and does 1,417
not meet the criteria of a labor surplus area or a distressed 1,418
area, targeted investment areas established by the municipal 1,419
corporation within its boundaries that are comprised of the most 1,420
recent census block tracts that individually have at least twenty 1,421
per cent of their population at or below the state poverty level 1,422
or other census block tracts contiguous to such census block 1,424
tracts.
(5) "Labor surplus area" means an area designated as a 1,426
labor surplus area by the United States department of labor. 1,428
(6) "Official poverty line" has the same meaning as in 1,430
division (A) of section 3923.51 of the Revised Code. 1,433
(7) "Partner" includes a member of a limited liability 1,435
company formed under Chapter 1705. of the Revised Code or under 1,438
the laws of any other state if the limited liability company is 1,439
not treated as a corporation for purposes of Chapter 5733. of the 1,440
Revised Code and is not classified as an association taxable as a 1,441
corporation for federal income tax purposes. 1,442
(8) "Partnership" includes a limited liability company 1,444
formed under Chapter 1705. of the Revised Code or under the laws 1,447
of any other state if the limited liability company is not 1,448
treated as a corporation for purposes of Chapter 5733. of the 1,449
35
Revised Code and is not classified as an association taxable as a 1,450
corporation for federal income tax purposes. 1,451
(9) "Qualifying period" means the period that begins July 1,454
1, 1996, and ends June 30, 1999.
(10) "S corporation" means a corporation that has made an 1,457
election under subchapter S of chapter one of subtitle A of the 1,458
Internal Revenue Code for its taxable year under the Internal 1,460
Revenue Code;
(11) "Situational distress area" means a county or a 1,462
municipal corporation that has experienced or is experiencing a 1,463
closing or downsizing of a major employer that will adversely 1,464
affect the economy of the county or municipal corporation. In 1,465
order for a county or municipal corporation to be designated as a 1,466
situational distress area, the governing body of the county or 1,468
municipal corporation shall submit a petition to the director of 1,469
development in the form prescribed by the director. A county or 1,470
municipal corporation may be designated as a situational distress 1,471
area for a period not exceeding thirty-six months. 1,472
The petition shall include written documentation that 1,475
demonstrates all of the following: 1,476
(a) The number of jobs lost by the closing or downsizing; 1,478
(b) The impact that the job loss has on the unemployment 1,481
rate of the county or municipal corporation as measured by the 1,482
bureau DIRECTOR of employment JOB AND FAMILY services; 1,483
(c) The annual payroll associated with the job loss; 1,486
(d) The amount of state and local taxes associated with 1,489
the job loss;
(e) The impact that the closing or downsizing has on the 1,492
suppliers located in the county or municipal corporation. 1,493
(12) "Voluntary action" has the same meaning as in section 1,495
3746.01 of the Revised Code. 1,497
(13) "Taxpayer" means a corporation subject to the tax 1,499
imposed by section 5733.06 of the Revised Code or any person 1,502
subject to the tax imposed by section 5747.02 of the Revised 1,503
36
Code.
(14) "Governing body" means the board of county 1,505
commissioners of a county, the board of township trustees of a 1,506
township, or the legislative authority of a municipal 1,507
corporation.
(15) "Eligible site" means property for which a covenant 1,509
not to sue has been issued under section 3746.12 of the Revised 1,510
Code.
(B)(1) A taxpayer, partnership, or S corporation that has 1,513
been issued, under section 3746.12 of the Revised Code, a 1,515
covenant not to sue for a site by the director of environmental 1,516
protection during the qualifying period may apply to the director 1,517
of development, in the manner prescribed by the director, to 1,518
enter into an agreement under which the applicant agrees to 1,520
economically redevelop the site in a manner that will create 1,521
employment opportunities and a credit will be granted to the 1,522
applicant against the tax imposed by section 5733.06 or 5747.02 1,523
of the Revised Code. The application shall state the eligible 1,525
costs associated with a voluntary action incurred by the
applicant. The application shall be accompanied by proof, in a 1,528
form prescribed by the director of development, that the covenant 1,529
not to sue has been issued.
The applicant shall request the certified professional that 1,531
submitted the no further action letter for the eligible site 1,532
under section 3746.11 of the Revised Code to submit an affidavit 1,534
to the director of development verifying the eligible costs 1,536
associated with the voluntary action at that site.
The director shall review the applications in the order 1,538
they are received. If the director determines that the applicant 1,539
meets the requirements of this section, the director may enter 1,540
into an agreement granting a credit against the tax imposed by 1,541
section 5733.06 or 5747.02 of the Revised Code. In making the 1,543
determination, the director may consider the extent to which 1,544
political subdivisions and other units of government will
37
cooperate with the applicant to redevelop the eligible site. The 1,546
agreement shall state the amount of the tax credit and the 1,547
reporting requirements described in division (F) of this section. 1,548
(2) The maximum annual amount of credits the director of 1,550
development may grant under such agreements shall be as follows: 1,552
1996 $5,000,000 1,554
1997 $10,000,000 1,555
1998 $10,000,000 1,556
1999 $5,000,000 1,557
For any year in which the director of development does not 1,560
grant tax credits under this section equal to the maximum annual 1,562
amount, the amount not granted for that year shall be added to 1,564
the maximum annual amount that may be granted for the following
year. However, the director shall not grant any tax credits 1,566
under this section after June 30, 1999. 1,567
(C)(1) If the covenant not to sue was issued in connection 1,569
with a site that is not located in an eligible area, the credit 1,572
amount is equal to the lesser of five hundred thousand dollars or 1,573
ten per cent of the eligible costs associated with a voluntary 1,574
action incurred by the taxpayer, partnership, or S corporation. 1,575
(2) If a covenant not to sue was issued in connection with 1,578
a site that is located in an eligible area, the credit amount is 1,580
equal to the lesser of seven hundred fifty thousand dollars or 1,581
fifteen per cent of the eligible costs associated with a 1,582
voluntary action incurred by the taxpayer, partnership, or S 1,583
corporation.
(3) A taxpayer, partnership, or S corporation that has 1,585
been issued covenants not to sue under section 3746.12 of the 1,587
Revised Code for more than one site may apply to the director of 1,589
development to enter into more than one agreement granting a
credit against the tax imposed by section 5733.06 or 5747.02 of 1,591
the Revised Code. 1,592
(4) For each year for which a taxpayer, partnership, or S 1,595
corporation has been granted a credit under an agreement entered 1,596
38
into under this section, the director of development shall issue 1,598
a certificate to the taxpayer, partnership, or S corporation 1,599
indicating the amount of the credit the taxpayer, the partners of 1,600
the partnership, or the shareholders of the S corporation may 1,602
claim for that year, not including any amount that may be carried 1,603
forward from previous years under section 5733.34 or 5747.32 of
the Revised Code. 1,605
(D)(1) Each agreement entered into under this section 1,608
shall incorporate a commitment by the taxpayer, partnership, or S 1,610
corporation not to permit the use of an eligible site to cause 1,611
the relocation of employment positions to that site from 1,612
elsewhere in this state, except as otherwise provided in division 1,613
(D)(2) of this section. The commitment shall be binding on the 1,615
taxpayer, partnership, or S corporation for the lesser of five 1,616
years from the date the agreement is entered into or the number 1,618
of years the taxpayer, partnership, or S corporation is entitled 1,619
to claim the tax credit under the agreement. 1,620
(2) An eligible site may be the site of employment 1,622
positions relocated from elsewhere in this state if the director 1,624
of development determines both of the following: 1,625
(a) That the site from which the employment positions 1,627
would be relocated is inadequate to meet market and industry 1,629
conditions, expansion plans, consolidation plans, or other 1,630
business considerations affecting the relocating employer; 1,631
(b) That the governing body of the county, township, or 1,633
municipal corporation from which the employment positions would 1,634
be relocated has been notified of the possible relocation. 1,636
For purposes of this section, the movement of an employment 1,639
position from one political subdivision to another political 1,640
subdivision shall be considered a relocation of an employment 1,641
position, but the transfer of an individual employee from one 1,642
political subdivision to another political subdivision shall not 1,643
be considered a relocation of an employment position as long as 1,644
the individual's employment position in the first political 1,645
39
subdivision is refilled.
(E) A taxpayer, partnership, or S corporation that has 1,648
entered into an agreement granting a credit against the tax 1,649
imposed by section 5733.06 or 5747.02 of the Revised Code that 1,651
subsequently recovers in a lawsuit or settlement of a lawsuit at 1,653
least seventy-five per cent of the eligible costs associated with 1,654
a voluntary action shall not claim any credit amount remaining, 1,655
including any amounts carried forward from prior years, beginning 1,656
with the taxable year in which the judgment in the lawsuit is 1,657
entered or the settlement is finally agreed to.
Any amount of credit that a taxpayer, partnership, or S 1,660
corporation may not claim by reason of this division shall not be 1,661
considered to have been granted for the purpose of determining 1,662
the total amount of credits that may be issued under division
(B)(2) of this section. 1,663
(F) Each year for which a taxpayer, partnership, or S 1,666
corporation claims a credit under section 5733.34 or 5747.32 of 1,667
the Revised Code, the taxpayer, partnership, or S corporation 1,669
shall report the following to the director of development: 1,670
(1) The status of all cost recovery litigation described 1,672
in division (E) of this section to which it was a party during 1,674
the previous year;
(2) Confirmation that the covenant not to sue has not been 1,676
revoked or has not been voided; 1,677
(3) Confirmation that the taxpayer, partnership, or S 1,680
corporation has not permitted the eligible site to be used in 1,681
such a manner as to cause the relocation of employment positions 1,682
from elsewhere in this state in violation of the commitment 1,683
required under division (D) of this section; 1,684
(4) Any other information the director of development 1,686
requires to perform the director's duties under this section. 1,687
(G) The director of development shall annually certify, by 1,690
the first day of January of each year during the qualifying 1,692
period, the eligible areas for the calendar year that includes 1,694
40
that first day of January. 1,695
(H) The director of development, in accordance with 1,698
Chapter 119. of the Revised Code, shall adopt rules necessary to 1,699
implement this section, including rules prescribing forms 1,700
required for administering this section. 1,701
Sec. 122.19. As used in sections 122.19 to 122.22 of the 1,710
Revised Code: 1,711
(A) "Distressed area" means either a municipal corporation 1,713
that has a population of at least fifty thousand or a county, 1,714
that meets at least two of the following criteria of economic 1,715
distress:
(1) Its average rate of unemployment, during the most 1,717
recent five-year period for which data are available, is equal to 1,718
at least one hundred twenty-five per cent of the average rate of 1,719
unemployment for the United States for the same period. 1,720
(2) It has a per capita income equal to or below eighty 1,722
per cent of the median county per capita income of the United 1,723
States as determined by the most recently available figures from 1,724
the United States census bureau. 1,725
(3)(a) In the case of a municipal corporation, at least 1,727
twenty per cent of the residents have a total income for the most 1,728
recent census year that is below the official poverty line. 1,729
(b) In the case of a county, in intercensal years, the 1,731
county has a ratio of transfer payment income to total county 1,732
income equal to or greater than twenty-five per cent. 1,733
(B) "Eligible applicant" means any of the following that 1,735
are designated by the legislative authority of a county, 1,736
township, or municipal corporation as provided in division (B)(1) 1,737
of section 122.22 of the Revised Code: 1,738
(1) A port authority as defined in division (A) of section 1,740
4582.01 or division (A) of section 4582.21 of the Revised Code; 1,741
(2) A community improvement corporation as described in 1,743
section 1724.01 of the Revised Code; 1,744
(3) A community-based organization or action group that 1,746
41
provides social services and has experience in economic 1,747
development;
(4) Any other nonprofit economic development entity; 1,749
(5) A county, township, or municipal corporation if it 1,751
designates itself. 1,752
(C) "Eligible area" means a distressed area, a labor 1,754
surplus area, an inner city area, or a situational distress area, 1,755
as designated annually by the director of development under 1,756
division (A) of section 122.21 of the Revised Code. 1,757
(D) "Governing body" means, in the case of a county, the 1,759
board of county commissioners; in the case of a municipal 1,760
corporation, the legislative authority; and in the case of a 1,761
township, the board of township trustees. 1,762
(E) "Infrastructure improvements" includes site 1,764
preparation, including building demolition and removal; retention 1,765
ponds and flood and drainage improvements; streets, roads, 1,766
bridges, and traffic control devices; parking lots and 1,767
facilities; water and sewer lines and treatment plants; gas, 1,768
electric, and telecommunications hook-ups; and waterway and 1,769
railway access improvements. 1,770
(F) "Inner city area" means, in a municipal corporation 1,772
that has a population of at least one hundred thousand and does 1,773
not meet the criteria of a labor surplus area or a distressed 1,774
area, targeted investment areas established by the municipal 1,775
corporation within its boundaries that are comprised of the most 1,776
recent census block tracts that individually have at least twenty 1,777
per cent of their population at or below the state poverty level, 1,778
or other census block tracts contiguous to such census block 1,779
tracts.
(G) "Labor surplus area" means an area designated as a 1,781
labor surplus area by the United States department of labor. 1,782
(H) "Official poverty line" has the same meaning as in 1,784
division (A) of section 3923.51 of the Revised Code. 1,785
(I) "Redevelopment plan" means a plan that includes all of 1,787
42
the following: a plat; a land use description; identification of 1,788
all utilities and infrastructure needed to develop the property, 1,789
including street connections; highway, rail, air, or water 1,790
access; utility connections; water and sewer treatment 1,791
facilities; storm drainage; and parking, and any other elements 1,792
required by a rule adopted by the director of development under 1,793
division (B) of section 122.21 of the Revised Code. 1,794
(J) "Situational distress area" means a county or a 1,796
municipal corporation that has experienced or is experiencing a 1,797
closing or downsizing of a major employer that will adversely 1,798
affect the county's or municipal corporation's economy. In order 1,799
to be designated as a situational distress area for a period not 1,800
to exceed thirty-six months, the county or municipal corporation 1,801
may petition the director of development. The petition shall 1,802
include documentation that demonstrates all of the following: 1,803
(1) The number of jobs lost by the closing or downsizing; 1,805
(2) The impact that the job loss has on the county's or 1,807
municipal corporation's unemployment rate as measured by the Ohio 1,808
bureau DEPARTMENT of employment JOB AND FAMILY services; 1,810
(3) The annual payroll associated with the job loss; 1,812
(4) The amount of state and local taxes associated with 1,814
the job loss; 1,815
(5) The impact that the closing or downsizing has on the 1,817
suppliers located in the county or municipal corporation. 1,818
Sec. 122.23. As used in sections 122.23 to 122.27 of the 1,827
Revised Code:
(A) "Distressed area" means a county with a population of 1,829
less than one hundred twenty-five thousand that meets at least 1,830
two of the following criteria of economic distress: 1,831
(1) Its average rate of unemployment, during the most 1,833
recent five-year period for which data are available, is equal to 1,835
at least one hundred twenty-five per cent of the average rate of 1,836
unemployment for the United States for the same period.
(2) It has a per capita income equal to or below eighty 1,838
43
per cent of the median county per capita income of the United 1,840
States as determined by the most recently available figures from
the United States census bureau. 1,841
(3) In intercensal years, the county has a ratio of 1,843
transfer payment income to total county income equal to or 1,844
greater than twenty-five per cent.
(B) "Eligible applicant" means any of the following that 1,847
is designated by the governing body of an eligible area as 1,848
provided in division (B)(1) of section 122.27 of the Revised 1,849
Code:
(1) A port authority as defined in division (A) of section 1,851
4582.01 or division (A) of section 4582.21 of the Revised Code; 1,852
(2) A community improvement corporation as defined in 1,854
section 1724.01 of the Revised Code; 1,855
(3) A community-based organization or action group that 1,857
provides social services and has experience in economic 1,858
development;
(4) Any other nonprofit economic development entity; 1,860
(5) A private developer that previously has not received 1,862
financial assistance under section 122.24 of the Revised Code and 1,864
that has experience and a successful history in industrial 1,865
development.
(C) "Eligible area" means a distressed area, a labor 1,868
surplus area, or a situational distress area, as designated 1,869
annually by the director of development pursuant to division (A) 1,870
of section 122.25 of the Revised Code.
(D) "Labor surplus area" means an area designated as a 1,872
labor surplus area by the United States department of labor. 1,873
(E) "Official poverty line" has the same meaning as in 1,875
division (A) of section 3923.51 of the Revised Code. 1,876
(F) "Situational distress area" means a county that has a 1,878
population of less than one hundred twenty-five thousand persons, 1,879
or a municipal corporation in such a county, that has experienced 1,880
or is experiencing a closing or downsizing of a major employer 1,882
44
that will adversely affect the county's or municipal
corporation's economy. In order to be designated as a 1,883
situational distress area for a period not to exceed thirty-six 1,884
months, the county or municipal corporation may petition the 1,885
director of development. The petition shall include 1,886
documentation that demonstrates all of the following: 1,887
(1) The number of jobs lost by the closing or downsizing; 1,890
(2) The impact that the job loss has on the county's or 1,892
municipal corporation's unemployment rate as measured by the Ohio 1,894
bureau DIRECTOR of employment JOB AND FAMILY services; 1,895
(3) The annual payroll associated with the job loss; 1,897
(4) The amount of state and local taxes associated with 1,899
the job loss; 1,900
(5) The impact that the closing or downsizing has on the 1,902
suppliers located in the rural county or municipal corporation. 1,903
(G) "Governing body" means, in the case of a county, the 1,906
board of county commissioners; in the case of a municipal
corporation, the legislative authority; and in the case of a 1,907
township, the board of township trustees. 1,908
(H) "Infrastructure improvements" includes site 1,911
preparation, including building demolition and removal; retention 1,912
ponds and flood and drainage improvements; streets, roads, 1,913
bridges, and traffic control devices; parking lots and
facilities; water and sewer lines and treatment plants; gas, 1,914
electric, and telecommunications hook-ups; and waterway and 1,915
railway access improvements.
(I) "Private developer" means any individual, firm, 1,917
corporation, or entity, other than a nonprofit entity, limited 1,918
profit entity, or governmental entity. 1,919
Sec. 123.01. (A) The department of administrative 1,928
services, in addition to those powers enumerated in Chapters 124. 1,929
and 125. of the Revised Code, and as provided elsewhere by law, 1,930
shall exercise the following powers: 1,931
(1) To prepare, or contract to be prepared, by licensed 1,933
45
engineers or architects, surveys, general and detailed plans, 1,934
specifications, bills of materials, and estimates of cost for any 1,935
projects, improvements, or public buildings to be constructed by 1,936
state agencies that may be authorized by legislative 1,937
appropriations or any other funds made available therefor, 1,938
provided that the construction of the projects, improvements, or 1,939
public buildings is a statutory duty of the department. This 1,940
section does not require the independent employment of an 1,941
architect or engineer as provided by section 153.01 of the 1,942
Revised Code in the cases to which that section applies nor 1,943
affect or alter the existing powers of the director of 1,944
transportation. 1,945
(2) To have general supervision over the construction of 1,947
any projects, improvements, or public buildings constructed for a 1,948
state agency and over the inspection of materials previous to 1,949
their incorporation into those projects, improvements, or 1,950
buildings; 1,951
(3) To make contracts for and supervise the construction 1,953
of any projects and improvements or the construction and repair 1,954
of buildings under the control of a state agency, except 1,955
contracts for the repair of buildings under the management and 1,956
control of the departments of public safety, human JOB AND FAMILY 1,958
services, mental health, mental retardation and developmental 1,959
disabilities, rehabilitation and correction, and youth services, 1,960
the bureau of workers' compensation, the bureau of employment 1,961
services, the rehabilitation services commission, and boards of 1,963
trustees of educational and benevolent institutions. These 1,964
contracts shall be made and entered into by the directors of 1,965
public safety, human JOB AND FAMILY services, mental health, 1,967
mental retardation and developmental disabilities, rehabilitation 1,968
and correction, and youth services, the administrator of workers' 1,969
compensation, the administrator of the bureau of employment 1,970
services, the rehabilitation services commission, and the boards 1,971
of trustees of such institutions, respectively. All such 1,972
46
contracts may be in whole or in part on unit price basis of 1,973
maximum estimated cost, with payment computed and made upon 1,974
actual quantities or units. 1,975
(4) To prepare and suggest comprehensive plans for the 1,977
development of grounds and buildings under the control of a state 1,978
agency; 1,979
(5) To acquire, by purchase, gift, devise, lease, or 1,981
grant, all real estate required by a state agency, in the 1,982
exercise of which power the department may exercise the power of 1,983
eminent domain, in the manner provided by sections 163.01 to 1,984
163.22 of the Revised Code; 1,985
(6) To make and provide all plans, specifications, and 1,987
models for the construction and perfection of all systems of 1,988
sewerage, drainage, and plumbing for the state in connection with 1,989
buildings and grounds under the control of a state agency; 1,990
(7) To erect, supervise, and maintain all public monuments 1,992
and memorials erected by the state, except where the supervision 1,993
and maintenance is otherwise provided by law; 1,994
(8) To procure, by lease, storage accommodations for a 1,996
state agency; 1,997
(9) To lease or grant easements or licenses for 1,999
unproductive and unused lands or other property under the control 2,000
of a state agency. Such leases, easements, or licenses shall be 2,001
granted for a period not to exceed fifteen years and shall be 2,002
executed for the state by the director of administrative services 2,003
and the governor and shall be approved as to form by the attorney 2,004
general, provided that leases, easements, or licenses may be 2,005
granted to any county, township, municipal corporation, port 2,006
authority, water or sewer district, school district, library 2,007
district, health district, park district, soil and water 2,008
conservation district, conservancy district, or other political 2,009
subdivision or taxing district, or any agency of the United 2,010
States government, for the exclusive use of that agency, 2,011
political subdivision, or taxing district, without any right of 2,012
47
sublease or assignment, for a period not to exceed fifteen years, 2,013
and provided that the director shall grant leases, easements, or 2,014
licenses of university land for periods not to exceed twenty-five 2,015
years for purposes approved by the respective university's board 2,016
of trustees wherein the uses are compatible with the uses and 2,017
needs of the university and may grant leases of university land 2,018
for periods not to exceed forty years for purposes approved by 2,019
the respective university's board of trustees pursuant to section 2,020
123.77 of the Revised Code. 2,021
(10) To lease office space in buildings for the use of a 2,023
state agency; 2,024
(11) To have general supervision and care of the 2,026
storerooms, offices, and buildings leased for the use of a state 2,027
agency; 2,028
(12) To exercise general custodial care of all real 2,030
property of the state; 2,031
(13) To assign and group together state offices in any 2,033
city in the state and to establish, in cooperation with the state 2,034
agencies involved, rules governing space requirements for office 2,035
or storage use; 2,036
(14) To lease for a period not to exceed forty years, 2,038
pursuant to a contract providing for the construction thereof 2,039
under a lease-purchase plan, buildings, structures, and other 2,040
improvements for any public purpose, and, in conjunction 2,041
therewith, to grant leases, easements, or licenses for lands 2,042
under the control of a state agency for a period not to exceed 2,043
forty years. The lease-purchase plan shall provide that at the 2,044
end of the lease period, the buildings, structures, and related 2,045
improvements, together with the land on which they are situated, 2,046
shall become the property of the state without cost. 2,047
(a) Whenever any building, structure, or other improvement 2,049
is to be so leased by a state agency, the department shall retain 2,050
either basic plans, specifications, bills of materials, and 2,051
estimates of cost with sufficient detail to afford bidders all 2,052
48
needed information or, alternatively, all of the following plans, 2,053
details, bills of materials, and specifications: 2,054
(i) Full and accurate plans suitable for the use of 2,056
mechanics and other builders in the improvement; 2,057
(ii) Details to scale and full sized, so drawn and 2,059
represented as to be easily understood; 2,060
(iii) Accurate bills showing the exact quantity of 2,062
different kinds of material necessary to the construction; 2,063
(iv) Definite and complete specifications of the work to 2,065
be performed, together with such directions as will enable a 2,066
competent mechanic or other builder to carry them out and afford 2,067
bidders all needed information; 2,068
(v) A full and accurate estimate of each item of expense 2,070
and of the aggregate cost thereof. 2,071
(b) The department shall give public notice, in such 2,073
newspaper, in such form, and with such phraseology as the 2,074
director of administrative services prescribes, published once 2,075
each week for four consecutive weeks, of the time when and place 2,076
where bids will be received for entering into an agreement to 2,077
lease to a state agency a building, structure, or other 2,078
improvement. The last publication shall be at least eight days 2,079
preceding the day for opening the bids. The bids shall contain 2,080
the terms upon which the builder would propose to lease the 2,081
building, structure, or other improvement to the state agency. 2,082
The form of the bid approved by the department shall be used, and 2,083
a bid is invalid and shall not be considered unless that form is 2,084
used without change, alteration, or addition. Before submitting 2,085
bids pursuant to this section, any builder shall comply with 2,086
Chapter 153. of the Revised Code. 2,087
(c) On the day and at the place named for receiving bids 2,089
for entering into lease agreements with a state agency, the 2,090
director of administrative services shall open the bids and shall 2,091
publicly proceed immediately to tabulate the bids upon duplicate 2,092
sheets. No lease agreement shall be entered into until the 2,093
49
bureau of workers' compensation has certified that the person to 2,094
be awarded the lease agreement has complied with Chapter 4123. of 2,095
the Revised Code, until, if the builder submitting the lowest and 2,096
best bid is a foreign corporation, the secretary of state has 2,097
certified that the corporation is authorized to do business in 2,098
this state, until, if the builder submitting the lowest and best 2,099
bid is a person nonresident of this state, the person has filed 2,100
with the secretary of state a power of attorney designating the 2,101
secretary of state as its agent for the purpose of accepting 2,102
service of summons in any action brought under Chapter 4123. of 2,103
the Revised Code, and until the agreement is submitted to the 2,104
attorney general and the attorney general's approval is certified 2,105
thereon. Within thirty days after the day on which the bids are 2,107
received, the department shall investigate the bids received and 2,108
shall determine that the bureau and the secretary of state have 2,109
made the certifications required by this section of the builder 2,110
who has submitted the lowest and best bid. Within ten days of 2,111
the completion of the investigation of the bids, the department 2,112
shall award the lease agreement to the builder who has submitted 2,113
the lowest and best bid and who has been certified by the bureau 2,114
and secretary of state as required by this section. If bidding 2,115
for the lease agreement has been conducted upon the basis of 2,116
basic plans, specifications, bills of materials, and estimates of 2,117
costs, upon the award to the builder the department, or the 2,118
builder with the approval of the department, shall appoint an 2,119
architect or engineer licensed in this state to prepare such 2,120
further detailed plans, specifications, and bills of materials as 2,121
are required to construct the building, structure, or 2,122
improvement. The department shall adopt such rules as are 2,123
necessary to give effect to this section. The department may 2,124
reject any bid. Where there is reason to believe there is 2,125
collusion or combination among bidders, the bids of those 2,126
concerned therein shall be rejected. 2,127
(15) To acquire by purchase, gift, devise, or grant and to 2,129
50
transfer, lease, or otherwise dispose of all real property 2,130
required to assist in the development of a conversion facility as 2,131
defined in section 5709.30 of the Revised Code; 2,132
(16) To lease for a period not to exceed forty years, 2,134
notwithstanding any other division of this section, the 2,135
state-owned property located at 408-450 East Town Street, 2,136
Columbus, Ohio, formerly the state school for the deaf, to a 2,137
developer in accordance with this section. "Developer," as used 2,138
in this section, has the same meaning as in section 123.77 of the 2,139
Revised Code. 2,140
Such a lease shall be for the purpose of development of the 2,142
land for use by senior citizens by constructing, altering, 2,143
renovating, repairing, expanding, and improving the site as it 2,144
existed on June 25, 1982. A developer desiring to lease the land 2,145
shall prepare for submission to the department a plan for 2,146
development. Plans shall include provisions for roads, sewers, 2,147
water lines, waste disposal, water supply, and similar matters to 2,148
meet the requirements of state and local laws. The plans shall 2,149
also include provision for protection of the property by 2,150
insurance or otherwise, and plans for financing the development, 2,151
and shall set forth details of the developer's financial 2,152
responsibility. 2,153
The department may employ, as employees or consultants, 2,155
persons needed to assist in reviewing the development plans. 2,156
Those persons may include attorneys, financial experts, 2,157
engineers, and other necessary experts. The department shall 2,158
review the development plans and may enter into a lease if it 2,159
finds all of the following: 2,160
(a) The best interests of the state will be promoted by 2,162
entering into a lease with the developer; 2,163
(b) The development plans are satisfactory; 2,165
(c) The developer has established the developer's 2,167
financial responsibility and satisfactory plans for financing the 2,168
development. 2,169
51
The lease shall contain a provision that construction or 2,171
renovation of the buildings, roads, structures, and other 2,172
necessary facilities shall begin within one year after the date 2,173
of the lease and shall proceed according to a schedule agreed to 2,174
between the department and the developer or the lease will be 2,175
terminated. The lease shall contain such conditions and 2,176
stipulations as the director considers necessary to preserve the 2,177
best interest of the state. Moneys received by the state 2,178
pursuant to this lease shall be paid into the general revenue 2,179
fund. The lease shall provide that at the end of the lease 2,180
period the buildings, structures, and related improvements shall 2,181
become the property of the state without cost. 2,182
(17) To lease to any person any tract of land owned by the 2,184
state and under the control of the department, or any part of 2,185
such a tract, for the purpose of drilling for or the pooling of 2,186
oil or gas. Such a lease shall be granted for a period not 2,187
exceeding forty years, with the full power to contract for, 2,188
determine the conditions governing, and specify the amount the 2,189
state shall receive for the purposes specified in the lease, and 2,190
shall be prepared as in other cases. 2,191
(B) This section and section 125.02 of the Revised Code 2,193
shall not interfere with any of the following: 2,194
(1) The power of the adjutant general to purchase military 2,196
supplies, or with the custody of the adjutant general of property 2,197
leased, purchased, or constructed by the state and used for 2,198
military purposes, or with the functions of the adjutant general 2,199
as director of state armories; 2,200
(2) The power of the director of transportation in 2,202
acquiring rights-of-way for the state highway system, or the 2,203
leasing of lands for division or resident district offices, or 2,204
the leasing of lands or buildings required in the maintenance 2,205
operations of the department of transportation, or the purchase 2,206
of real property for garage sites or division or resident 2,208
district offices, or in preparing plans and specifications for 2,209
52
and constructing such buildings as the director may require in 2,210
the administration of the department; 2,211
(3) The power of the director of public safety and the 2,213
registrar of motor vehicles to purchase or lease real property 2,214
and buildings to be used solely as locations to which a deputy 2,215
registrar is assigned pursuant to division (B) of section 2,216
4507.011 of the Revised Code and from which the deputy registrar 2,217
is to conduct the deputy registrar's business, the power of the 2,218
director of public safety to purchase or lease real property and 2,219
buildings to be used as locations for division or district 2,220
offices as required in the maintenance of operations of the 2,221
department of public safety, and the power of the superintendent 2,222
of the state highway patrol in the purchase or leasing of real 2,223
property and buildings needed by the patrol, to negotiate the 2,224
sale of real property owned by the patrol, to rent or lease real 2,225
property owned or leased by the patrol, and to make or cause to 2,226
be made repairs to all property owned or under the control of the 2,227
patrol;
(4) The power of the division of liquor control in the 2,229
leasing or purchasing of retail outlets and warehouse facilities 2,230
for the use of the division; 2,231
(5) The power of the director of development to enter into 2,233
leases of real property, buildings, and office space to be used 2,234
solely as locations for the state's foreign offices to carry out 2,235
the purposes of section 122.05 of the Revised Code. 2,236
(C) Purchases for, and the custody and repair of, 2,238
buildings under the management and control of the capitol square 2,239
review and advisory board, the rehabilitation services 2,240
commission, the bureau of employment services, the bureau of 2,242
workers' compensation, or the departments of public safety, human 2,244
JOB AND FAMILY services, mental health, mental retardation and 2,245
developmental disabilities, and rehabilitation and correction, 2,246
and buildings of educational and benevolent institutions under 2,247
the management and control of boards of trustees, are not subject 2,248
53
to the control and jurisdiction of the department of 2,249
administrative services. 2,250
(D) Any instrument by which real property is acquired 2,252
pursuant to this section shall identify the agency of the state 2,254
that has the use and benefit of the real property as specified in 2,255
section 5301.012 of the Revised Code.
Sec. 124.11. The civil service of the state and the 2,264
several counties, cities, civil service townships, city health 2,265
districts, general health districts, and city school districts 2,266
thereof shall be divided into the unclassified service and the 2,267
classified service. 2,268
(A) The unclassified service shall comprise the following 2,270
positions, which shall not be included in the classified service, 2,271
and which shall be exempt from all examinations required by this 2,272
chapter: 2,273
(1) All officers elected by popular vote or persons 2,275
appointed to fill vacancies in such offices; 2,276
(2) All election officers as defined in section 3501.01 of 2,278
the Revised Code; 2,279
(3) The members of all boards and commissions, and heads 2,281
of principal departments, boards, and commissions appointed by 2,282
the governor or by and with the governor's consent; and the 2,283
members of all boards and commissions and all heads of 2,284
departments appointed by the mayor, or, if there is no mayor, 2,285
such other similar chief appointing authority of any city or city 2,286
school district; except as otherwise provided in division (A)(17) 2,287
or (C) of this section, this chapter does not exempt the chiefs 2,288
of police departments and chiefs of fire departments of cities or 2,289
civil service townships from the competitive classified service; 2,290
(4) The members of county or district licensing boards or 2,292
commissions and boards of revision, and deputy county auditors; 2,293
(5) All officers and employees elected or appointed by 2,295
either or both branches of the general assembly, and such 2,296
employees of the city legislative authority as are engaged in 2,297
54
legislative duties; 2,298
(6) All commissioned, warrant, and noncommissioned 2,300
officers and enlisted persons in the Ohio organized militia, 2,302
including military appointees in the adjutant general's 2,304
department;
(7)(a) All presidents, business managers, administrative 2,306
officers, superintendents, assistant superintendents, principals, 2,307
deans, assistant deans, instructors, teachers, and such employees 2,308
as are engaged in educational or research duties connected with 2,309
the public school system, colleges, and universities, as 2,310
determined by the governing body of the public school system, 2,311
colleges, and universities; 2,312
(b) The library staff of any library in the state 2,314
supported wholly or in part at public expense. 2,315
(8) Four clerical and administrative support employees for 2,317
each of the elective state officers; and three clerical and 2,318
administrative support employees for other elective officers and 2,319
each of the principal appointive executive officers, boards, or 2,320
commissions, except for civil service commissions, that are 2,321
authorized to appoint such clerical and administrative support 2,322
employees; 2,323
(9) The deputies and assistants of state agencies 2,325
authorized to act for and on behalf of the agency, or holding a 2,326
fiduciary or administrative relation to that agency and those 2,327
persons employed by and directly responsible to elected county 2,328
officials or a county administrator and holding a fiduciary or 2,329
administrative relationship to such elected county officials or 2,330
county administrator, and the employees of such county officials 2,331
whose fitness would be impracticable to determine by competitive 2,333
examination, provided that division (A)(9) of this section shall 2,334
not affect those persons in county employment in the classified 2,335
service as of September 19, 1961. Nothing in division (A)(9) of 2,336
this section applies to any position in a county department of 2,337
human JOB AND FAMILY services created pursuant to Chapter 329. of 2,339
55
the Revised Code. 2,340
(10) Bailiffs, constables, official stenographers, and 2,342
commissioners of courts of record, deputies of clerks of the 2,343
courts of common pleas who supervise, or who handle public moneys 2,344
or secured documents, and such officers and employees of courts 2,345
of record and such deputies of clerks of the courts of common 2,346
pleas as the director of administrative services finds it 2,347
impracticable to determine their fitness by competitive 2,348
examination; 2,349
(11) Assistants to the attorney general, special counsel 2,351
appointed or employed by the attorney general, assistants to 2,352
county prosecuting attorneys, and assistants to city directors of 2,353
law; 2,354
(12) Such teachers and employees in the agricultural 2,356
experiment stations; such students in normal schools, colleges, 2,357
and universities of the state who are employed by the state or a 2,358
political subdivision of the state in student or intern 2,359
classifications; and such unskilled labor positions as the 2,360
director of administrative services or any municipal civil 2,361
service commission may find it impracticable to include in the 2,362
competitive classified service; provided such exemptions shall be 2,363
by order of the commission or the director, duly entered on the 2,364
record of the commission or the director with the reasons for 2,365
each such exemption; 2,366
(13) Any physician or dentist who is a full-time employee 2,368
of the department of mental health or the department of mental 2,369
retardation and developmental disabilities or of an institution 2,370
under the jurisdiction of either department; and physicians who 2,371
are in residency programs at the institutions; 2,372
(14) Up to twenty positions at each institution under the 2,374
jurisdiction of the department of mental health or the department 2,375
of mental retardation and developmental disabilities that the 2,376
department director determines to be primarily administrative or 2,377
managerial; and up to fifteen positions in any division of either 2,378
56
department, excluding administrative assistants to the director 2,379
and division chiefs, which are within the immediate staff of a 2,380
division chief and which the director determines to be primarily 2,381
and distinctively administrative and managerial; 2,382
(15) Noncitizens of the United States employed by the 2,384
state, or its counties or cities, as physicians or nurses who are 2,385
duly licensed to practice their respective professions under the 2,386
laws of Ohio, or medical assistants, in mental, tuberculosis, or 2,387
chronic disease hospitals, or institutions; 2,388
(16) Employees of the governor's office; 2,390
(17) Fire chiefs and chiefs of police in civil service 2,392
townships appointed by boards of township trustees under section 2,393
505.38 or 505.49 of the Revised Code; 2,394
(18) Executive directors, deputy directors, and program 2,396
directors employed by boards of alcohol, drug addiction, and 2,397
mental health services under Chapter 340. of the Revised Code, 2,398
and secretaries of the executive directors, deputy directors, and 2,399
program directors; 2,400
(19) Superintendents, and management employees as defined 2,402
in section 5126.20 of the Revised Code, of county boards of 2,403
mental retardation and developmental disabilities; 2,404
(20) Physicians, nurses, and other employees of a county 2,406
hospital who are appointed pursuant to sections 339.03 and 339.06 2,407
of the Revised Code; 2,408
(21) The executive director of the state medical board, 2,410
who is appointed pursuant to division (B) of section 4731.05 of 2,411
the Revised Code; 2,412
(22) County directors of human JOB AND FAMILY services as 2,414
provided in section 329.02 of the Revised Code and administrators 2,416
appointed under section 329.021 of the Revised Code; 2,417
(23) A director of economic development who is hired 2,419
pursuant to division (A) of section 307.07 of the Revised Code; 2,420
(24) Chiefs of construction and compliance, of operations 2,422
and maintenance, and of licensing and certification in the 2,423
57
division of industrial compliance in the department of commerce; 2,424
(25) The executive director of a county transit system 2,426
appointed under division (A) of section 306.04 of the Revised 2,427
Code;
(26) Up to five positions at each of the administrative 2,429
departments listed in section 121.02 of the Revised Code and at 2,430
the department of taxation, department of the adjutant general, 2,431
department of education, Ohio board of regents, bureau of 2,432
employment services, bureau of workers' compensation, industrial 2,434
commission, state lottery commission, and public utilities 2,435
commission of Ohio that the head of that administrative 2,436
department or of that other state agency determines to be
involved in policy development and implementation. The head of 2,437
the administrative department or other state agency shall set the 2,438
compensation for employees in these positions at a rate that is 2,439
not less than the minimum compensation specified in pay range 41 2,440
but not more than the maximum compensation specified in pay range 2,441
44 of salary schedule E-2 in section 124.152 of the Revised Code. 2,442
The authority to establish positions in the unclassified service 2,443
under division (A)(26) of this section is in addition to and does 2,444
not limit any other authority that an administrative department 2,445
or state agency has under the Revised Code to establish 2,446
positions, appoint employees, or set compensation. 2,447
(27) Employees of the department of agriculture employed 2,449
under section 901.09 of the Revised Code; 2,450
(28) For cities, counties, civil service townships, city 2,452
health districts, general health districts, and city school 2,454
districts, the deputies and assistants of elective or principal 2,455
executive officers authorized to act for and in the place of 2,456
their principals or holding a fiduciary relation to their
principals; 2,457
(29) Employees who receive external interim, intermittent, 2,459
or temporary appointments under division (B) of section 124.30 of 2,460
the Revised Code;
58
(30) Employees appointed to administrative staff positions 2,462
for which an appointing authority is given specific statutory 2,463
authority to set compensation; 2,464
(31) Employees appointed to highway patrol cadet or 2,466
highway patrol cadet candidate classifications. 2,467
(B) The classified service shall comprise all persons in 2,469
the employ of the state and the several counties, cities, city 2,470
health districts, general health districts, and city school 2,471
districts thereof, not specifically included in the unclassified 2,472
service. Upon the creation by the board of trustees of a civil 2,473
service township civil service commission, the classified service 2,474
shall also comprise, except as otherwise provided in division 2,475
(A)(17) or (C) of this section, all persons in the employ of 2,476
civil service township police or fire departments having ten or 2,477
more full-time paid employees. The classified service consists 2,478
of two classes, which shall be designated as the competitive 2,479
class and the unskilled labor class. 2,480
(1) The competitive class shall include all positions and 2,482
employments in the state and the counties, cities, city health 2,483
districts, general health districts, and city school districts 2,484
thereof, and upon the creation by the board of trustees of a 2,485
civil service township of a township civil service commission all 2,486
positions in civil service township police or fire departments 2,487
having ten or more full-time paid employees, for which it is 2,488
practicable to determine the merit and fitness of applicants by 2,489
competitive examinations. Appointments shall be made to, or 2,490
employment shall be given in, all positions in the competitive 2,491
class that are not filled by promotion, reinstatement, transfer, 2,492
or reduction, as provided in this chapter, and the rules of the 2,493
director of administrative services, by appointment from those 2,494
certified to the appointing officer in accordance with this 2,495
chapter. 2,496
(2) The unskilled labor class shall include ordinary 2,498
unskilled laborers. Vacancies in the labor class shall be filled 2,499
59
by appointment from lists of applicants registered by the 2,500
director. The director or the commission, by rule, shall require 2,502
an applicant for registration in the labor class to furnish such 2,503
evidence or take such tests as the director considers proper with 2,504
respect to age, residence, physical condition, ability to labor, 2,505
honesty, sobriety, industry, capacity, and experience in the work 2,506
or employment for which application is made. Laborers who 2,507
fulfill the requirements shall be placed on the eligible list for 2,508
the kind of labor or employment sought, and preference shall be 2,509
given in employment in accordance with the rating received from 2,510
such evidence or in such tests. Upon the request of an 2,511
appointing officer, stating the kind of labor needed, the pay and 2,512
probable length of employment, and the number to be employed, the 2,513
director shall certify from the highest on the list double the 2,514
number to be employed; from this number the appointing officer 2,515
shall appoint the number actually needed for the particular work. 2,516
If more than one applicant receives the same rating, priority in 2,517
time of application shall determine the order in which their 2,518
names shall be certified for appointment. 2,519
(C) A municipal or civil service township civil service 2,521
commission may place volunteer firefighters who are paid on a 2,523
fee-for-service basis in either the classified or the 2,524
unclassified civil service. 2,525
(D) This division does not apply to persons in the 2,527
unclassified service who have the right to resume positions in 2,528
the classified service under sections 4121.121, 5119.071, 2,529
5120.07, 5120.38, 5120.381, 5120.382, 5123.08, 5139.02, and 2,530
5501.19 of the Revised Code. 2,531
An appointing authority whose employees are paid directly 2,534
by warrant of the auditor of state may appoint a person who holds 2,535
a certified position in the classified service within the 2,536
appointing authority's agency to a position in the unclassified
service within that agency. A person appointed pursuant to this 2,539
division to a position in the unclassified service shall retain
60
the right to resume the position and status held by the person in 2,541
the classified service immediately prior to the person's
appointment to the position in the unclassified service, 2,542
regardless of the number of positions the person held in the 2,544
unclassified service. Reinstatement to a position in the
classified service shall be to a position substantially equal to 2,545
that position in the classified service held previously, as 2,547
certified by the director of administrative services. If the
position the person previously held in the classified service has 2,548
been placed in the unclassified service or is otherwise 2,550
unavailable, the person shall be appointed to a position in the 2,551
classified service within the appointing authority's agency that 2,552
the director of administrative services certifies is comparable
in compensation to the position the person previously held in the 2,553
classified service. Service in the position in the unclassified 2,555
service shall be counted as service in the position in the 2,556
classified service held by the person immediately prior to the
person's appointment to the position in the unclassified service. 2,557
When a person is reinstated to a position in the classified 2,559
service as provided in this division, the person is entitled to 2,560
all rights, status, and benefits accruing to the position in the 2,561
classified service during the person's time of service in the
position in the unclassified service. 2,563
Sec. 124.14. (A) The director of administrative services 2,572
shall establish, and may modify or repeal, by rule, a job 2,573
classification plan for all positions, offices, and employments 2,574
the salaries of which are paid in whole or in part by the state. 2,575
The director shall group jobs within a classification so that the 2,576
positions are similar enough in duties and responsibilities to be 2,577
described by the same title, to have the same pay assigned with 2,578
equity, and to have the same qualifications for selection 2,579
applied. The director shall, by rule, assign a classification 2,580
title to each classification within the classification plan. 2,581
However, the director shall consider in establishing 2,582
61
classifications, including classifications with parenthetical 2,583
titles, and assigning pay ranges such factors as duties performed 2,584
only on one shift, special skills in short supply in the labor 2,585
market, recruitment problems, separation rates, comparative 2,586
salary rates, the amount of training required, and other 2,587
conditions affecting employment. The director shall describe the 2,588
duties and responsibilities of the class and establish the 2,589
qualifications for being employed in that position, and shall 2,590
file with the secretary of state a copy of specifications for all 2,591
of the classifications. The director shall file new, additional, 2,592
or revised specifications with the secretary of state before 2,593
being used. The director shall, by rule, assign each 2,594
classification, either on a statewide basis or in particular 2,595
counties or state institutions, to a pay range established under 2,596
section 124.15 or section 124.152 of the Revised Code. The 2,597
director may assign a classification to a pay range on a 2,598
temporary basis for a period of time designated in the rule. The 2,599
director may establish, by rule adopted under Chapter 119. of the 2,600
Revised Code, experimental classification plans for some or all 2,601
employees paid directly by warrant of the auditor of state. The 2,602
administrative rule shall include specifications for each 2,603
classification within the plan and shall specifically address 2,604
compensation ranges, and methods for advancing within the ranges,
for the classifications, which may be assigned to pay ranges 2,605
other than the pay ranges established under section 124.15 or 2,606
124.152 of the Revised Code.
The director may reassign to a proper classification those 2,608
positions that have been assigned to an improper classification. 2,609
If the compensation of an employee in such a reassigned position 2,610
exceeds the maximum rate of pay for the employee's new 2,611
classification, the employee shall be placed in pay step X and 2,612
shall not receive an increase in compensation until the maximum 2,613
rate of pay for that classification exceeds the employee's 2,614
compensation.
62
The director may reassign an exempt employee, as defined in 2,616
section 124.152 of the Revised Code, to a bargaining unit 2,617
classification if the director determines that the bargaining 2,619
unit classification is the proper classification for that
employee. Notwithstanding Chapter 4117. of the Revised Code or 2,620
instruments and contracts negotiated under it, such placements 2,621
are at the director's discretion. 2,622
The director shall, by rule, assign related 2,624
classifications, which form a career progression, to a 2,625
classification series. The director shall, by rule, assign each 2,626
classification in the classification plan a five-digit number, 2,627
the first four digits of which shall denote the classification 2,628
series to which the classification is assigned. When a career 2,629
progression encompasses more than ten classifications, the 2,630
director shall, by rule, identify the additional classifications 2,631
belonging to a classification series. Such additional 2,632
classifications shall be part of the classification series, 2,633
notwithstanding the fact that the first four digits of the number 2,634
assigned to the additional classifications do not correspond to 2,635
the first four digits of the numbers assigned to other 2,636
classifications in the classification series. 2,637
The director shall adopt rules in accordance with Chapter 2,639
119. of the Revised Code for the establishment of a 2,640
classification plan for county agencies that elect not to use the 2,641
services and facilities of a county personnel department. The 2,642
rules shall include a methodology for the establishment of titles 2,643
unique to county agencies, the use of state classification titles 2,644
and classification specifications for common positions, the 2,645
criteria for a county to meet in establishing its own 2,646
classification plan, and the establishment of what constitutes a 2,647
classification series for county agencies. 2,648
(B) Division (A) of this section and sections 124.15 and 2,650
124.152 of the Revised Code do not apply to the following 2,651
persons, positions, offices, and employments: 2,652
63
(1) Elected officials; 2,654
(2) Legislative employees, employees of the legislative 2,656
service commission, employees in the office of the governor, 2,657
employees who are in the unclassified civil service and exempt 2,658
from collective bargaining coverage in the office of the 2,659
secretary of state, auditor of state, treasurer of state, and 2,660
attorney general, and employees of the supreme court;
(3) Employees of a county children services board that 2,662
establishes compensation rates under section 5153.12 of the 2,663
Revised Code; 2,664
(4) Any position for which the authority to determine 2,666
compensation is given by law to another individual or entity; 2,667
(5) Employees of the bureau of workers' compensation whose 2,670
compensation the administrator of workers' compensation
establishes under division (B) of section 4121.121 of the Revised 2,671
Code. 2,672
(C) The director may employ a consulting agency to aid and 2,674
assist the director in carrying out this section. 2,675
(D) When the director proposes to modify a classification 2,677
or the assignment of classes to appropriate pay ranges, the 2,678
director shall send written notice of the proposed rule to the 2,679
appointing authorities of the affected employees thirty days 2,680
before the hearing on the proposed rule. The appointing 2,681
authorities shall notify the affected employees regarding the 2,682
proposed rule. The director shall also send such appointing 2,684
authorities notice of any final rule which is adopted within ten 2,685
days after adoption.
When the director proposes to reclassify any employee so 2,687
that the employee is adversely affected, the director shall give 2,688
to the employee affected and to the employee's appointing 2,690
authority a written notice setting forth the proposed new 2,691
classification, pay range, and salary. Upon the request of any 2,692
classified employee who is not serving in a probationary period, 2,693
the director shall perform a job audit to review the 2,694
64
classification of the employee's position to determine whether 2,695
the position is properly classified. The director shall give to 2,696
the employee affected and to the employee's appointing authority 2,698
a written notice of the director's determination whether or not 2,699
to reclassify the position or to reassign the employee to another 2,700
classification. An employee or appointing authority desiring a 2,701
hearing shall file a written request therefor with the state 2,702
personnel board of review within thirty days after receiving the 2,703
notice. The board shall set the matter for a hearing and notify 2,704
the employee and appointing authority of the time and place of 2,705
the hearing. The employee, appointing authority, or any 2,706
authorized representative of the employee who wishes to submit 2,707
facts for the consideration of the board shall be afforded 2,708
reasonable opportunity to do so. After the hearing, the board 2,709
shall consider anew the reclassification and may order the 2,710
reclassification of the employee and require the director to 2,711
assign the employee to such appropriate classification as the 2,713
facts and evidence warrant. As provided in division (A) of 2,714
section 124.03 of the Revised Code, the board may determine the 2,715
most appropriate classification for the position of any employee 2,716
coming before the board, with or without a job audit. The board 2,718
shall disallow any reclassification or reassignment 2,719
classification of any employee when it finds that changes have 2,720
been made in the duties and responsibilities of any particular 2,721
employee for political, religious, or other unjust reasons. 2,722
(E)(1) Employees of each county department of human JOB 2,724
AND FAMILY services shall be paid a salary or wage established by 2,727
the board of county commissioners. The provisions of section 2,728
124.18 of the Revised Code concerning the standard work week 2,729
apply to employees of county departments of human JOB AND FAMILY 2,730
services. A board of county commissioners may do either of the 2,732
following:
(a) Notwithstanding any other section of the Revised Code, 2,734
supplement the sick leave, vacation leave, personal leave, and 2,735
65
other benefits of any employee of the county department of human 2,736
JOB AND FAMILY services of that county, if the employee is 2,738
eligible for the supplement under a written policy providing for 2,739
the supplement;
(b) Notwithstanding any other section of the Revised Code, 2,741
establish alternative schedules of sick leave, vacation leave, 2,742
personal leave, or other benefits for employees not inconsistent 2,743
with the provisions of a collective bargaining agreement covering 2,744
the affected employees. 2,745
(2) The provisions of division (E)(1) of this section do 2,747
not apply to employees for whom the state employment relations 2,748
board establishes appropriate bargaining units pursuant to 2,749
section 4117.06 of the Revised Code, except in either of the 2,750
following situations: 2,751
(a) The employees for whom the state employment relations 2,753
board establishes appropriate bargaining units elect no 2,754
representative in a board-conducted representation election. 2,755
(b) After the state employment relations board establishes 2,757
appropriate bargaining units for such employees, all employee 2,758
organizations withdraw from a representation election. 2,759
(F) With respect to officers and employees of 2,761
state-supported colleges and universities except for the powers 2,762
and duties of the state personnel board of review, the powers, 2,763
duties, and functions of the department of administrative 2,764
services and the director of administrative services specified in 2,765
this chapter are hereby vested in and assigned to the personnel 2,766
departments of such colleges and universities subject to a 2,767
periodic audit and review by the director to guarantee the 2,768
uniform application of this granting of the director's powers, 2,770
duties, and functions. Upon the determination or finding of the 2,771
misuse or nonuniform application of this authority granted to the 2,772
personnel department of such state-supported colleges and 2,773
universities, the director shall order and direct the personnel 2,774
functions of such institution until sections 124.01 to 124.64 of 2,775
66
the Revised Code have been fully complied with. 2,776
(G)(1) Each board of county commissioners may, by a 2,778
resolution adopted by a majority of its members, establish a 2,779
county personnel department to exercise the powers, duties, and 2,780
functions specified in division (G) of this section. As used in 2,781
division (G) of this section, "county personnel department" means 2,782
a county personnel department established by a board of county 2,783
commissioners under division (G)(1) of this section. 2,784
(2) Each board of county commissioners may, by a 2,786
resolution adopted by a majority of its members, designate the 2,787
county personnel department of the county to exercise the powers, 2,788
duties, and functions of the department of administrative 2,789
services and the director of administrative services specified in 2,790
sections 124.01 to 124.64 and Chapter 325. of the Revised Code, 2,791
except for the powers and duties of the state personnel board of 2,792
review, which powers and duties shall not be construed as having 2,793
been modified or diminished in any manner by division (G)(2) of 2,794
this section, with respect to the employees for whom the board of 2,795
county commissioners is the appointing authority or co-appointing 2,796
authority. Upon certification of a copy of the resolution by the 2,797
board to the director, these powers, duties, and functions are 2,798
vested in and assigned to the county personnel department with 2,799
respect to the employees for whom the board of county 2,800
commissioners is the appointing authority or co-appointing 2,801
authority. The certification to the director shall be provided 2,802
not later than one hundred twenty days before the first day of 2,803
July of an odd-numbered year, and, following the certification, 2,804
the powers, duties, and functions specified in sections 124.01 to 2,805
124.64 and Chapter 325. of the Revised Code shall be vested in 2,806
and assigned to the county personnel department on that first day 2,807
of July. Nothing in division (G)(2) of this section shall be 2,808
construed to limit the right of any employee who possesses the 2,809
right of appeal to the state personnel board of review to 2,810
continue to possess that right of appeal. 2,811
67
Any board of county commissioners that has established a 2,813
county personnel department may contract with the department of 2,814
administrative services, another political subdivision, or an 2,815
appropriate public or private entity to provide competitive 2,816
testing services or other appropriate services. 2,817
(3) After the county personnel department of a county has 2,819
assumed the powers, duties, and functions of the department of 2,820
administrative services and the director as described in division 2,821
(G)(2) of this section, any elected official, board, agency, or 2,822
other appointing authority of that county may, upon notification 2,823
to the director, elect to use the services and facilities of the 2,824
county personnel department. Upon the acceptance by the director 2,825
of such notification, the county personnel department shall 2,826
exercise the powers, duties, and functions of the department of 2,827
administrative services and the director as described in division 2,828
(G)(2) of this section with respect to the employees of that 2,829
elected official, board, agency, or other appointing authority. 2,830
The notification to the director shall be provided not later than 2,831
one hundred twenty days before the first day of July of an 2,832
odd-numbered year, and, following the notification, the powers, 2,833
duties, and functions specified in sections 124.01 to 124.64 and 2,834
Chapter 325. of the Revised Code with respect to the employees of 2,835
that elected official, board, agency, or other appointing 2,836
authority shall be vested in and assigned to the county personnel 2,837
department on that first day of July. Except for those employees 2,838
under the jurisdiction of the county personnel department, the 2,839
director shall continue to exercise these powers, duties, and 2,840
functions with respect to employees of the county. 2,841
(4) Each board of county commissioners that has 2,843
established a county personnel department may, by a resolution 2,844
adopted by a majority of its members, disband the county 2,845
personnel department and return to the department of 2,846
administrative services for the administration of sections 124.01 2,847
to 124.64 and Chapter 325. of the Revised Code. The board shall, 2,848
68
not later than one hundred twenty days before the first day of 2,849
July of an odd-numbered year, send the director a certified copy 2,850
of the resolution disbanding the county personnel department. 2,851
All powers, duties, and functions previously vested in and 2,852
assigned to the county personnel department shall return to the 2,853
director on that first day of July. 2,854
(5) Any elected official, board, agency, or appointing 2,856
authority of a county may return to the department of 2,857
administrative services for the administration of sections 124.01 2,858
to 124.64 and Chapter 325. of the Revised Code. The elected 2,859
official, board, agency, or appointing authority shall, not later 2,860
than one hundred twenty days before the first day of July of an 2,861
odd-numbered year, send the director a certified copy of the 2,862
resolution that states its decision. All powers, duties, and 2,863
functions previously vested in and assigned to the county 2,864
personnel department with respect to the employees of that 2,865
elected official, board, agency, or appointing authority shall 2,866
return to the director on that first day of July. 2,867
(6) The director, by rule adopted in accordance with 2,869
Chapter 119. of the Revised Code, shall prescribe criteria and 2,870
procedures for granting to each county personnel department the 2,871
powers, duties, and functions of the department of administrative 2,872
services and the director as described in division (G)(2) of this 2,873
section with respect to the employees of an elected official, 2,874
board, agency, or other appointing authority or co-appointing 2,875
authority. The rules shall cover the following criteria and 2,876
procedures: 2,877
(a) The notification to the department of administrative 2,879
services that an elected official, board, agency, or other 2,880
appointing authority of a county has elected to use the services 2,881
and facilities of the county personnel department; 2,882
(b) A requirement that each county personnel department, 2,884
in carrying out its duties, adhere to merit system principles 2,885
with regard to employees of county departments of human JOB AND 2,886
69
FAMILY services, child support enforcement agencies, and public 2,888
child welfare agencies so that there is no threatened loss of 2,889
federal funding for these agencies, and a requirement that the 2,890
county be financially liable to the state for any loss of federal 2,891
funds due to the action or inaction of the county personnel 2,892
department. The costs associated with audits conducted to 2,893
monitor compliance with division (G)(6)(b) of this section shall 2,894
be borne equally by the department of administrative services and 2,895
the county.
(c) The termination of services and facilities rendered by 2,897
the department of administrative services, to include rate 2,898
adjustments, time periods for termination, and other related 2,899
matters; 2,900
(d) Authorization for the director of administrative 2,902
services to conduct periodic audits and reviews of county 2,903
personnel departments to guarantee the uniform application of 2,904
this granting of the director's powers, duties, and functions. 2,906
The costs of the audits and reviews shall be borne equally by the 2,907
department of administrative services and the county for which 2,908
the services were performed. 2,909
(e) The dissemination of audit findings under division 2,911
(G)(5)(d) of this section, any appeals process relating to 2,912
adverse findings by the department, and the methods whereby the 2,913
county personnel program will revert to the authority of the 2,914
director of administrative services due to misuse or nonuniform 2,915
application of the authority granted to the county under division 2,916
(G)(2) or (3) of this section. 2,917
(H) The director shall establish the rate and method of 2,919
compensation for all employees who are paid directly by warrant 2,920
of the auditor of state and who are serving in positions which 2,921
the director has determined impracticable to include in the state 2,922
job classification plan. This division does not apply to elected 2,923
officials, legislative employees, employees of the legislative 2,924
service commission, employees who are in the unclassified civil 2,925
70
service and exempt from collective bargaining coverage in the 2,926
office of the secretary of state, auditor of state, treasurer of 2,927
state, and attorney general, employees of the courts, employees 2,928
of the bureau of workers' compensation whose compensation the 2,929
administrator of workers' compensation establishes under division 2,930
(B) of section 4121.121 of the Revised Code, or employees of an 2,931
appointing authority authorized by law to fix the compensation of 2,932
those employees. 2,933
(I) The director shall set the rate of compensation for 2,935
all intermittent, interim, seasonal, temporary, emergency, and 2,937
casual employees who are not considered public employees under 2,938
section 4117.01 of the Revised Code. Such employees are not 2,940
entitled to receive employee benefits. This rate of compensation 2,941
shall be equitable in terms of the rate of employees serving in 2,943
the same or similar classifications. This division does not 2,944
apply to elected officials, legislative employees, employees of 2,945
the legislative service commission, employees who are in the 2,946
unclassified civil service and exempt from collective bargaining 2,947
coverage in the office of the secretary of state, auditor of 2,948
state, treasurer of state, and attorney general, employees of the 2,949
courts, employees of the bureau of workers' compensation whose 2,950
compensation the administrator establishes under division (B) of 2,951
section 4121.121 of the Revised Code, or employees of an
appointing authority authorized by law to fix the compensation of 2,952
those employees.
Sec. 124.324. (A) A laid-off employee has the right to 2,961
displace the employee with the fewest retention points in the 2,962
classification from which the employee was laid off or in a lower 2,963
or equivalent classification, in the following order: 2,964
(1) Within the classification from which the employee was 2,966
laid off; 2,967
(2) Within the classification series from which the 2,969
employee was laid off; 2,970
(3) Within a classification which has the same or similar 2,972
71
duties as the classification from which the employee was laid 2,973
off, in accordance with the list published by the director under 2,974
division (B)(2) of section 124.311 of the Revised Code; 2,975
(4) Within the classification the employee held 2,977
immediately prior to holding the classification from which the 2,978
employee was laid off. 2,979
Divisions (A)(3) and (4) of this section shall not apply to 2,981
employees of cities, city health districts, and counties, except 2,982
for employees of county departments of human JOB AND FAMILY 2,983
services. 2,984
A laid-off employee in the classified service has the right 2,986
to displace an employee with the fewest retention points in the 2,987
classification that the laid-off employee held immediately prior 2,988
to holding the classification from which he THE EMPLOYEE was laid 2,990
off, if the laid-off employee was certified in the former 2,991
classification. If a position in that classification does not 2,992
exist, then the employee may displace employees in the 2,993
classification that he THE EMPLOYEE next previously held, and so 2,995
on, subject to the same provisions. The employee may not displace 2,996
employees in a classification if the employee does not meet the 2,997
minimum qualifications of the classification, or if the employee 2,998
held the classification more than five years prior to the date on 2,999
which the employee was laid off, except that failure to meet 3,000
minimum qualifications shall not prevent the employee from 3,001
displacing employees in the classification that he THE EMPLOYEE 3,002
next previously held within that five-year period. 3,004
If, after exercising displacement rights, an employee is 3,006
subject to further layoff action, his THE EMPLOYEE'S displacement 3,008
rights shall be in accordance with the classification from which 3,009
he THE EMPLOYEE was first laid off. 3,010
The director shall verify the calculation of the retention 3,012
points of all employees in an affected classification in 3,013
accordance with section 124.325 of the Revised Code. 3,014
(B) Following the order of layoff, an employee laid off in 3,016
72
the classified civil service shall displace another employee 3,017
within the same appointing authority or independent institution 3,018
and layoff jurisdiction in the following manner: 3,019
(1) Each laid-off employee possessing more retention 3,021
points shall displace the employee with the fewest retention 3,022
points in the next lower classification or successively lower 3,023
classification in the same classification series; except that a 3,024
laid-off provisional employee shall not have the right to 3,025
displace a certified employee; 3,026
(2) Any employee displaced by an employee possessing more 3,028
retention points shall displace the employee with the fewest 3,029
retention points in the next lower classification or successively 3,030
lower classification in the same classification series; except 3,031
that a displaced provisional employee shall not displace a 3,032
certified employee. This process shall continue, if necessary, 3,033
until the employee with the fewest retention points in the lowest 3,034
classification of the classification series of the same 3,035
appointing authority or independent institution has been reached 3,036
and, if necessary, laid off. 3,037
(C) Employees shall notify the appointing authority of 3,039
their intention to exercise their displacement rights, within 3,040
five days after receiving notice of layoff. 3,041
(D) No employee shall displace an employee for whose 3,043
position or classification there exists special minimum 3,044
qualifications, as established by a position description, 3,045
classification specifications, or by bona fide occupational 3,046
qualification, unless the employee desiring to displace another 3,047
employee possesses the requisite minimum qualifications for the 3,048
position or classification. 3,049
(E) If an employee exercising his displacement rights must 3,051
displace an employee in another county within the same layoff 3,052
district, the displacement shall not be construed to be a 3,053
transfer. 3,054
(F) The director of administrative services shall 3,056
73
promulgate rules, under Chapter 119. of the Revised Code, for the 3,057
implementation of this section. 3,058
Sec. 125.30. (A) The department of administrative 3,067
services shall do both of the following: 3,068
(1) Create a business reply form that is capable of 3,070
containing information that a private business is required to 3,071
provide to state agencies on a regular basis. The director of 3,072
administrative services shall adopt rules in accordance with 3,073
Chapter 119. of the Revised Code specifying the information that 3,074
the form shall contain. Subject to division (E) of this section, 3,075
state agencies shall use the business reply form to obtain 3,076
information from private businesses.
(2) Create an on-line computer network system to allow 3,078
private businesses to electronically file the business reply 3,079
form.
In creating the business reply form described in division 3,081
(A)(1) of this section, the director may consider the 3,082
recommendations of interested parties from the small business 3,083
community who have direct knowledge of and familiarity with the 3,084
current state reporting requirements that apply to and the 3,085
associated forms that are filed by small businesses.
(B) The director shall establish procedures by which state 3,088
agencies may share the information that is collected through the 3,089
form established under division (A) of this section. These 3,091
procedures shall provide that information that has been
designated as confidential by any state agency shall not be made 3,093
available to the other state agencies having access to the 3,095
business reply form.
(C) Not later than September 30, 1999, the director may 3,098
report to the director of budget and management and to the 3,100
committees that handle finance and the committees that handle 3,101
state government affairs in the house of representatives and the 3,102
senate on the progress of state agencies in complying with 3,104
division (A)(1) of this section. The director may recommend a 3,105
74
five per cent reduction in the future appropriations of any state 3,106
agency that has failed to comply with that division without good 3,107
cause.
(D) As used in this section: 3,109
(1) "State agency" means the secretary of state, the 3,111
bureau DEPARTMENT of employment JOB AND FAMILY services REGARDING 3,113
DUTIES IT PERFORMS PURSUANT TO TITLE XLI OF THE REVISED CODE, the 3,114
bureau of workers' compensation, the department of administrative 3,115
services, and any other state agency that elects to participate 3,116
in the pilot program as provided in division (E) of this section. 3,117
(2) "Form" has the same meaning as in division (B) of 3,119
section 125.91 of the Revised Code. 3,120
(E) The provisions of this section pertaining to the 3,122
business reply form constitute a two-year pilot program. Not 3,123
later than one year after the effective date of this section 3,124
JANUARY 21, 1998, the department of administrative services shall 3,126
complete the planning and preparation that is necessary to
implement the pilot program. The director of administrative 3,127
services may request other state agencies, as defined in division 3,128
(A) of section 125.91 of the Revised Code, to participate in the 3,130
pilot program. If the director so requests, the state agency may 3,131
participate in the program. The provisions of this section shall
cease to have effect three years after the effective date of this 3,132
section JANUARY 21, 1998. Within ninety days after the 3,134
completion of the pilot program, the director of administrative 3,135
services shall report to the director of budget and management
and the committees described in division (C) of this section on 3,136
the effectiveness of the pilot program. 3,137
Sec. 126.07. No contract, agreement, or obligation 3,146
involving the expenditure of money chargeable to an 3,147
appropriation, nor any resolution or order for the expenditure of 3,148
money chargeable to an appropriation, shall be valid and 3,149
enforceable unless the director of budget and management first 3,150
certifies that there is a balance in the appropriation not 3,151
75
already obligated to pay existing obligations, in an amount at 3,152
least equal to the portion of the contract, agreement, 3,154
obligation, resolution, or order to be performed in the current 3,155
fiscal year. Any written contract or agreement entered into by 3,156
the state shall contain a clause stating that the obligations of 3,157
the state are subject to this section. 3,158
In order to make a payment from the state treasury, a state 3,160
agency shall first submit to the director all invoices, claims, 3,161
vouchers, and other evidentiary matter related to the payment. 3,162
If the director approves payment to be made, the director shall 3,164
submit the approval to the auditor of state for the drawing of a 3,165
warrant as provided in section 117.45 of the Revised Code. The 3,166
director shall not approve payment to be made if the director 3,167
finds that there is not an unobligated balance in the 3,169
appropriation for the payment, that the payment is not for a 3,170
valid claim against the state that is legally due, or that 3,171
insufficient evidentiary matter has been submitted. If the 3,172
director does not approve payment, the director shall notify the 3,174
agency of the reasons the director has not given approval. 3,175
In approving payments to be made under this section, the 3,177
director, upon receipt of certification from the administrator 3,178
DIRECTOR of the bureau of employment JOB AND FAMILY services 3,180
pursuant to section 4141.231 of the Revised Code, shall withhold 3,182
from amounts otherwise payable to a person who is the subject of 3,183
the administrator's DIRECTOR OF JOBS AND FAMILY SERVICES' 3,184
certification, the amount certified to be due and unpaid to the 3,185
bureau DIRECTOR of employment JOB AND FAMILY services, and shall 3,187
approve for payment to the bureau DIRECTOR of employment JOB AND 3,188
FAMILY services, the amount withheld. 3,189
Sec. 131.11. No money held or controlled by any probate 3,198
court, juvenile court, clerk of the court of common pleas, clerk 3,199
of a county court, sheriff, county recorder, director of a county 3,200
department of human JOB AND FAMILY services, clerk or bailiff of 3,201
a municipal court, prosecuting attorney, resident or division 3,203
76
deputy director of highways, or treasurer of a university 3,204
receiving state aid, in excess of that covered by federal deposit 3,205
insurance as hereinafter described or in excess of that covered 3,206
by federal savings and loan insurance, shall be deposited in any 3,207
bank, trust company, or building and loan association as defined 3,208
in section 1151.01 of the Revised Code until there is a 3,209
hypothecation of securities as provided for in section 135.18 of 3,210
the Revised Code, or until there is executed by the bank, trust 3,211
company, or building and loan association selected, a good and 3,212
sufficient undertaking, payable to the depositor, in such sum as 3,213
the depositor directs, but not less than the excess of the sum 3,214
that is deposited in the depository, at any one time over and 3,215
above the portion or amount of the sum as is at any time insured 3,216
by the federal deposit insurance corporation created pursuant to 3,217
"The Banking Act of 1933," or by the federal savings and loan 3,218
insurance corporation created pursuant to the "Home Owners' Loan 3,219
Act of 1933," 40 Stat. 128, 12 U.S.C.A. 1461, or by any other 3,220
agency or instrumentality of the federal government, pursuant to 3,221
such acts or any acts of congress amendatory thereof. 3,222
Any funds or securities in the possession or custody of any 3,224
county official in his AN official capacity or any funds or 3,225
securities the possession or custody of which is charged to any 3,226
county official, including funds or securities in transit to or 3,227
from any bank or trust company, may be insured by the board of 3,228
county commissioners in such amount as is found necessary in the 3,229
public interest. All costs of such insurance shall be paid by 3,230
the county as provided in section 307.55 of the Revised Code. 3,231
With respect to any insured or secured deposit mentioned in 3,233
this section which is active as defined by section 135.01 of the 3,234
Revised Code, any depositor named in this section may pay a 3,235
service charge which is the same as that customarily made by the 3,236
institution or institutions receiving money on deposit subject to 3,237
check in the city or village where the bank or trust company 3,238
accepting such active deposit is located. 3,239
77
Sec. 131.41. There is hereby created in the state treasury 3,248
the human FAMILY services stabilization fund. The fund shall 3,250
consist of moneys deposited into it pursuant to acts of the 3,251
general assembly. The director of budget and management, with 3,252
advice from the director of human JOB AND FAMILY services, may 3,253
transfer moneys in the human FAMILY services stabilization fund 3,254
to the general revenue fund for the department of human JOB AND 3,256
FAMILY services. Moneys may be transferred due to identified 3,258
shortfalls FOR FAMILY SERVICES ACTIVITIES, such as higher
caseloads, federal funding changes, and unforeseen costs due to 3,260
significant state policy changes. Before transfers are 3,261
authorized, the director of budget and management shall exhaust
the possibilities for transfers of moneys within the department 3,262
of human JOB AND FAMILY services to meet the identified 3,264
shortfall. Transfers shall not be used to fund policy changes 3,265
not contemplated by acts of the general assembly. Any investment
earnings of the human FAMILY services stabilization fund shall be 3,267
credited to that fund. 3,268
Sec. 135.81. As used in sections 135.81 to 135.88 of the 3,277
Revised Code: 3,278
(A) "Community improvement corporation" means a 3,280
corporation organized under Chapter 1724. of the Revised Code. 3,281
(B) "Depressed economic area linked deposit" means a 3,283
certificate of deposit in any amount placed by the treasurer of 3,284
state with an eligible lending institution at up to three per 3,285
cent below current market rates as determined and calculated by 3,286
the treasurer of state, provided the institution agrees to lend 3,287
the value of the deposit, according to the deposit agreement 3,288
provided in division (C) of section 135.86 of the Revised Code to 3,289
eligible businesses at three per cent below the present borrowing 3,290
rate applicable to each specific business at the time of the 3,291
deposit of state funds in the institution. 3,292
(C) "Eligible business" means any person that possesses 3,294
all of the following characteristics: 3,295
78
(1) Maintains or, because of the depressed economic area 3,297
linked deposit loan, will maintain offices and operating 3,298
facilities in an eligible county in this state and transacts 3,299
business in the county; 3,300
(2) Is organized for profit. 3,302
(D) "Eligible county" means any county in this state with 3,304
a rate of unemployment as determined by the bureau DIRECTOR of 3,305
employment JOB AND FAMILY services that is at least one per cent 3,307
higher than the statewide average rate of unemployment. 3,308
(E) "Eligible lending institution" means a financial 3,310
institution that: 3,311
(1) Is eligible to make commercial loans; 3,313
(2) Is a public depository of state funds under section 3,315
135.03 of the Revised Code; 3,316
(3) Agrees to participate in the depressed economic area 3,318
linked deposit program. 3,319
(F) "Qualified agent" means a: 3,321
(1) Community improvement corporation; 3,323
(2) Corporation organized under Chapter 1702. of the 3,325
Revised Code that the board of county commissioners of an 3,326
eligible county determines meets the criteria established by the 3,327
director of development pursuant to section 122.011 of the 3,329
Revised Code.
Sec. 135.96. (A) The treasurer of state shall take all 3,338
steps, including the development of guidelines, necessary to 3,339
implement the assistive technology device linked deposit program 3,340
established under sections 135.91 to 135.97 of the Revised Code 3,341
and monitor compliance of eligible lending institutions and 3,342
eligible individuals with disabilities.
(B)(1) Annually, by the first day of February, the 3,344
treasurer of state shall report on the assistive technology 3,345
device linked deposit program established under sections 135.91 3,346
to 135.97 of the Revised Code for the preceding calendar year to 3,348
the governor, the speaker of the house of representatives, and 3,349
79
the president of the senate.
(2) The report required by division (B)(1) of this section 3,351
shall set forth the assistive technology device linked deposits 3,352
made by the treasurer of state under the program during the year 3,353
and shall include information regarding both of the following: 3,354
(a) The nature, terms, and amounts of the loans upon which 3,356
the assistive technology device linked deposits were based; 3,357
(b) The eligible individuals with disabilities to whom the 3,359
loans were made. 3,360
(3) The speaker of the house of representatives shall 3,362
transmit copies of the report required by division (B)(1) of this 3,363
section to the chairperson of the standing house of 3,364
representatives committee that customarily considers legislation 3,365
regarding human FAMILY services, and the president of the senate 3,367
shall transmit copies of the report to the chairperson of the
standing senate committee that customarily considers legislation 3,368
regarding human FAMILY services. 3,369
Sec. 145.27. (A) The treasurer of state shall furnish 3,379
annually to the public employees retirement board a sworn 3,380
statement of the amount of the funds in the treasurer's TREASURER 3,381
OF STATE'S custody belonging to the public employees retirement 3,384
system.
(B)(1) As used in this division, "personal history record" 3,386
means information maintained by the board on a member, former 3,387
member, contributor, former contributor, retirant, or beneficiary 3,388
that includes the address, telephone number, social security 3,389
number, record of contributions, correspondence with the system, 3,390
or other information the board determines to be confidential. 3,391
(2) The records of the board shall be open to public 3,393
inspection, except for the following, which shall be excluded, 3,394
except with the written authorization of the individual 3,395
concerned: 3,396
(a) The individual's statement of previous service and 3,398
other information as provided for in section 145.16 of the 3,399
80
Revised Code; 3,400
(b) The amount of a monthly allowance or benefit paid to 3,402
the individual; 3,403
(c) The individual's personal history record. 3,405
(C) All medical reports and recommendations required by 3,407
sections 145.01 to 145.59 of the Revised Code are privileged, 3,408
except that copies of such medical reports or recommendations 3,409
shall be made available to the personal physician, attorney, or 3,410
authorized agent of the individual concerned upon written release 3,411
from the individual or the individual's agent, or when necessary 3,413
for the proper administration of the fund, to the board assigned 3,414
physician.
(D) Any person who is a member or contributor of the 3,416
system shall be furnished with a statement of the amount to the 3,417
credit of the individual's account upon written request. The 3,419
board is not required to answer more than one such request of a 3,420
person in any one year. The board may issue annual statements of 3,421
accounts to members and contributors. 3,422
(E) Notwithstanding the exceptions to public inspection in 3,424
division (B)(2) of this section, the board may furnish the 3,425
following information: 3,426
(1) If a member, former member, contributor, former 3,428
contributor, or retirant is subject to an order issued under 3,429
section 2907.15 of the Revised Code or is convicted of or pleads 3,430
guilty to a violation of section 2921.41 of the Revised Code, on 3,431
written request of a prosecutor as defined in section 2935.01 of 3,432
the Revised Code, the board shall furnish to the prosecutor the 3,433
information requested from the individual's personal history 3,434
record. 3,435
(2) Pursuant to a court or administrative order issued 3,437
under section 3111.23 or 3113.21 of the Revised Code, the board 3,438
shall furnish to a court or child support enforcement agency the 3,439
information required under that section. 3,440
(3) At the written request of any person, the board shall 3,442
81
provide to the person a list of the names and addresses of 3,443
members, former members, contributors, former contributors, 3,444
retirants, or beneficiaries. The costs of compiling, copying, 3,445
and mailing the list shall be paid by such person. 3,446
(4) Within fourteen days after receiving from the director 3,448
of human JOB AND FAMILY services a list of the names and social 3,449
security numbers of recipients of public assistance pursuant to 3,451
section 5101.181 of the Revised Code, the board shall inform the 3,452
auditor of state of the name, current or most recent employer 3,453
address, and social security number of each member whose name and 3,454
social security number are the same as that of a person whose 3,455
name or social security number was submitted by the director. 3,456
The board and its employees shall, except for purposes of 3,457
furnishing the auditor of state with information required by this 3,458
section, preserve the confidentiality of recipients of public 3,459
assistance in compliance with division (A) of section 5101.181 of 3,460
the Revised Code.
(F) A statement that contains information obtained from 3,462
the system's records that is signed by the executive director of 3,463
the retirement system and to which the system's official seal is 3,464
affixed, or copies of the system's records to which the signature 3,465
and seal are attached, shall be received as true copies of the 3,466
system's records in any court or before any officer of this 3,467
state. 3,468
Sec. 149.43. (A) As used in this section: 3,477
(1) "Public record" means any record that is kept by any 3,479
public office, including, but not limited to, state, county, 3,480
city, village, township, and school district units, except that 3,482
"public record" does not mean any of the following:
(a) Medical records; 3,484
(b) Records pertaining to probation and parole 3,486
proceedings;
(c) Records pertaining to actions under section 2151.85 3,488
and division (C) of section 2919.121 of the Revised Code and to 3,490
82
appeals of actions arising under those sections; 3,491
(d) Records pertaining to adoption proceedings, including 3,493
the contents of an adoption file maintained by the department of 3,494
health under section 3705.12 of the Revised Code; 3,495
(e) Information in a record contained in the putative 3,497
father registry established by section 3107.062 of the Revised 3,498
Code, regardless of whether the information is held by the 3,499
department of human JOB AND FAMILY services or, pursuant to 3,500
section 5101.313 of the Revised Code, the division of child 3,501
support in the department or a child support enforcement agency; 3,502
(f) Records listed in division (A) of section 3107.42 of 3,504
the Revised Code or specified in division (A) of section 3107.52 3,505
of the Revised Code;
(g) Trial preparation records; 3,507
(h) Confidential law enforcement investigatory records; 3,509
(i) Records containing information that is confidential 3,511
under section 2317.023 or 4112.05 of the Revised Code; 3,512
(j) DNA records stored in the DNA database pursuant to 3,515
section 109.573 of the Revised Code;
(k) Inmate records released by the department of 3,517
rehabilitation and correction to the department of youth services 3,519
or a court of record pursuant to division (E) of section 5120.21 3,520
of the Revised Code;
(l) Records maintained by the department of youth services 3,522
pertaining to children in its custody released by the department 3,523
of youth services to the department of rehabilitation and 3,524
correction pursuant to section 5139.05 of the Revised Code; 3,525
(m) Intellectual property records; 3,527
(n) Donor profile records; 3,529
(o) Records maintained by the department of human services 3,531
pursuant to section 5101.312 of the Revised Code; 3,532
(p) Peace officer residential and familial information; 3,534
(q) In the case of a county hospital operated pursuant to 3,537
Chapter 339. of the Revised Code, information that constitutes a 3,539
83
trade secret, as defined in section 1333.61 of the Revised Code; 3,540
(q)(r) Records the release of which is prohibited by state 3,542
or federal law. 3,543
(2) "Confidential law enforcement investigatory record" 3,545
means any record that pertains to a law enforcement matter of a 3,546
criminal, quasi-criminal, civil, or administrative nature, but 3,547
only to the extent that the release of the record would create a 3,548
high probability of disclosure of any of the following: 3,549
(a) The identity of a suspect who has not been charged 3,551
with the offense to which the record pertains, or of an 3,552
information source or witness to whom confidentiality has been 3,553
reasonably promised; 3,554
(b) Information provided by an information source or 3,556
witness to whom confidentiality has been reasonably promised, 3,557
which information would reasonably tend to disclose the source's 3,558
or witness's identity; 3,559
(c) Specific confidential investigatory techniques or 3,561
procedures or specific investigatory work product; 3,562
(d) Information that would endanger the life or physical 3,564
safety of law enforcement personnel, a crime victim, a witness, 3,565
or a confidential information source. 3,566
(3) "Medical record" means any document or combination of 3,568
documents, except births, deaths, and the fact of admission to or 3,569
discharge from a hospital, that pertains to the medical history, 3,570
diagnosis, prognosis, or medical condition of a patient and that 3,571
is generated and maintained in the process of medical treatment. 3,572
(4) "Trial preparation record" means any record that 3,574
contains information that is specifically compiled in reasonable 3,575
anticipation of, or in defense of, a civil or criminal action or 3,576
proceeding, including the independent thought processes and 3,577
personal trial preparation of an attorney. 3,578
(5) "Intellectual property record" means a record, other 3,581
than a financial or administrative record, that is produced or
collected by or for faculty or staff of a state institution of 3,582
84
higher learning in the conduct of or as a result of study or 3,583
research on an educational, commercial, scientific, artistic, 3,584
technical, or scholarly issue, regardless of whether the study or 3,585
research was sponsored by the institution alone or in conjunction
with a governmental body or private concern, and that has not 3,587
been publicly released, published, or patented. 3,588
(6) "Donor profile record" means all records about donors 3,590
or potential donors to a public institution of higher education 3,591
except the names and reported addresses of the actual donors and 3,592
the date, amount, and conditions of the actual donation. 3,593
(7) "Peace officer residential and familial information" 3,595
means information that discloses any of the following: 3,596
(a) The address of the actual personal residence of a 3,598
peace officer, except for the state or political subdivision in 3,599
which the peace officer resides; 3,600
(b) Information compiled from referral to or participation 3,602
in an employee assistance program; 3,603
(c) The social security number, the residential telephone 3,605
number, any bank account, debit card, charge card, or credit card 3,606
number, or the emergency telephone number of, or any medical 3,607
information pertaining to, a peace officer; 3,608
(d) The name of any beneficiary of employment benefits, 3,610
including, but not limited to, life insurance benefits, provided 3,612
to a peace officer by the peace officer's employer; 3,613
(e) The identity and amount of any charitable or 3,615
employment benefit deduction made by the peace officer's employer 3,616
from the peace officer's compensation unless the amount of the 3,617
deduction is required by state or federal law; 3,618
(f) The name, the residential address, the name of the 3,620
employer, the address of the employer, the social security 3,621
number, the residential telephone number, any bank account, debit 3,622
card, charge card, or credit card number, or the emergency 3,623
telephone number of the spouse, a former spouse, or any child of 3,624
a peace officer.
85
As used in divisions (A)(7) and (B)(5) of this section, 3,626
"peace officer" has the same meaning as in section 109.71 of the 3,628
Revised Code, except that "peace officer" does not include the 3,629
sheriff of a county or a supervisory employee who, in the absence 3,630
of the sheriff, is authorized to stand in for, exercise the 3,631
authority of, and perform the duties of the sheriff. 3,632
(B)(1) Subject to division (B)(4) of this section, all 3,634
public records shall be promptly prepared and made available for 3,636
inspection to any person at all reasonable times during regular 3,637
business hours. Subject to division (B)(4) of this section, upon 3,638
request, a public office or person responsible for public records 3,639
shall make copies available at cost, within a reasonable period 3,640
of time. In order to facilitate broader access to public 3,641
records, public offices shall maintain public records in a manner 3,642
that they can be made available for inspection in accordance with 3,643
this division.
(2) If any person chooses to obtain a copy of a public 3,645
record in accordance with division (B)(1) of this section, the 3,647
public office or person responsible for the public record shall
permit that person to choose to have the public record duplicated 3,649
upon paper, upon the same medium upon which the public office or 3,650
person responsible for the public record keeps it, or upon any 3,652
other medium upon which the public office or person responsible
for the public record determines that it reasonably can be 3,654
duplicated as an integral part of the normal operations of the 3,655
public office or person responsible for the public record. When 3,656
the person seeking the copy makes a choice under this division, 3,657
the public office or person responsible for the public record 3,658
shall provide a copy of it in accordance with the choice made by 3,660
the person seeking the copy.
(3) Upon a request made in accordance with division (B)(1) 3,662
of this section, a public office or person responsible for public 3,663
records shall transmit a copy of a public record to any person by 3,664
United States mail within a reasonable period of time after 3,665
86
receiving the request for the copy. The public office or person 3,667
responsible for the public record may require the person making 3,668
the request to pay in advance the cost of postage and other 3,669
supplies used in the mailing. 3,670
Any public office may adopt a policy and procedures that it 3,673
will follow in transmitting, within a reasonable period of time 3,674
after receiving a request, copies of public records by United 3,676
States mail pursuant to this division. A public office that 3,678
adopts a policy and procedures under this division shall comply 3,679
with them in performing its duties under this division. 3,680
In any policy and procedures adopted under this division, a 3,682
public office may limit the number of records requested by a 3,683
person that the office will transmit by United States mail to ten 3,684
per month, unless the person certifies to the office in writing 3,685
that the person does not intend to use or forward the requested 3,686
records, or the information contained in them, for commercial 3,688
purposes. For purposes of this division, "commercial" shall be 3,689
narrowly construed and does not include reporting or gathering
news, reporting or gathering information to assist citizen 3,690
oversight or understanding of the operation or activities of 3,691
government, or nonprofit educational research. 3,692
(4) A public office or person responsible for public 3,694
records is not required to permit a person who is incarcerated 3,695
pursuant to a criminal conviction or a juvenile adjudication to 3,696
inspect or to obtain a copy of any public record concerning a 3,697
criminal investigation or prosecution or concerning what would be 3,698
a criminal investigation or prosecution if the subject of the 3,699
investigation or prosecution were an adult, unless the request to 3,700
inspect or to obtain a copy of the record is for the purpose of 3,701
acquiring information that is subject to release as a public 3,702
record under this section and the judge who imposed the sentence 3,703
or made the adjudication with respect to the person, or the 3,704
judge's successor in office, finds that the information sought in 3,705
the public record is necessary to support what appears to be a 3,706
87
justiciable claim of the person. 3,707
(5) Upon written request made and signed by a journalist 3,709
on or after the effective date of this amendment, a public 3,711
office, or person responsible for public records, having custody
of the records of the agency employing a specified peace officer 3,712
shall disclose to the journalist the address of the actual 3,714
personal residence of the peace officer and, if the peace 3,715
officer's spouse, former spouse, or child is employed by a public 3,716
office, the name and address of the employer of the peace 3,717
officer's spouse, former spouse, or child. The request shall 3,718
include the journalist's name and title and the name and address 3,719
of the journalist's employer and shall state that disclosure of 3,720
the information sought would be in the public interest. 3,721
As used in division (B)(5) of this section, "journalist" 3,723
means a person engaged in, connected with, or employed by any 3,724
news medium, including a newspaper, magazine, press association, 3,725
news agency, or wire service, a radio or television station, or a 3,726
similar medium, for the purpose of gathering, processing, 3,727
transmitting, compiling, editing, or disseminating information 3,728
for the general public. 3,729
(C) If a person allegedly is aggrieved by the failure of a 3,731
public office to promptly prepare a public record and to make it 3,733
available to the person for inspection in accordance with
division (B) of this section, or if a person who has requested a 3,735
copy of a public record allegedly is aggrieved by the failure of 3,736
a public office or the person responsible for the public record 3,738
to make a copy available to the person allegedly aggrieved in 3,739
accordance with division (B) of this section, the person 3,740
allegedly aggrieved may commence a mandamus action to obtain a 3,741
judgment that orders the public office or the person responsible 3,742
for the public record to comply with division (B) of this section 3,743
and that awards reasonable attorney's fees to the person that 3,744
instituted the mandamus action. The mandamus action may be 3,745
commenced in the court of common pleas of the county in which 3,746
88
division (B) of this section allegedly was not complied with, in 3,747
the supreme court pursuant to its original jurisdiction under 3,748
Section 2 of Article IV, Ohio Constitution, or in the court of 3,749
appeals for the appellate district in which division (B) of this 3,750
section allegedly was not complied with pursuant to its original 3,751
jurisdiction under Section 3 of Article IV, Ohio Constitution. 3,752
(D) Chapter 1347. of the Revised Code does not limit the 3,754
provisions of this section. 3,755
(E)(1) The bureau of motor vehicles may adopt rules 3,757
pursuant to Chapter 119. of the Revised Code to reasonably limit 3,759
the number of bulk commercial special extraction requests made by
a person for the same records or for updated records during a 3,760
calendar year. The rules may include provisions for charges to 3,761
be made for bulk commercial special extraction requests for the 3,763
actual cost of the bureau, plus special extraction costs, plus 3,764
ten per cent. The bureau may charge for expenses for redacting 3,765
information, the release of which is prohibited by law. 3,766
(2) As used in divisions (B)(3) and (E)(1) of this 3,768
section:
(a) "Actual cost" means the cost of depleted supplies, 3,770
records storage media costs, actual mailing and alternative 3,771
delivery costs, or other transmitting costs, and any direct 3,772
equipment operating and maintenance costs, including actual costs 3,773
paid to private contractors for copying services. 3,774
(b) "Bulk commercial special extraction request" means a 3,776
request for copies of a record for information in a format other 3,777
than the format already available, or information that cannot be 3,778
extracted without examination of all items in a records series, 3,779
class of records, or data base by a person who intends to use or 3,780
forward the copies for surveys, marketing, solicitation, or 3,781
resale for commercial purposes. "Bulk commercial special 3,782
extraction request" does not include a request by a person who 3,783
gives assurance to the bureau that the person making the request 3,784
does not intend to use or forward the requested copies for 3,785
89
surveys, marketing, solicitation, or resale for commercial 3,786
purposes.
(c) "Commercial" means profit-seeking production, buying, 3,788
or selling of any good, service, or other product. 3,789
(d) "Special extraction costs" means the cost of the time 3,791
spent by the lowest paid employee competent to perform the task, 3,792
the actual amount paid to outside private contractors employed by 3,793
the bureau, or the actual cost incurred to create computer 3,794
programs to make the special extraction. "Special extraction 3,795
costs" include any charges paid to a public agency for computer
or records services. 3,796
(3) For purposes of divisions (E)(1) and (2) of this 3,799
section, "commercial surveys, marketing, solicitation, or resale" 3,800
shall be narrowly construed and does not include reporting or
gathering news, reporting or gathering information to assist 3,802
citizen oversight or understanding of the operation or activities 3,803
of government, or nonprofit educational research. 3,804
Sec. 153.39. If the plans, drawings, representations, 3,813
bills of material, specifications of work, and estimates relate 3,814
to the building of a children's home, they shall be submitted to 3,815
the board of county commissioners and three citizens of the 3,816
county, to be appointed by a resident judge of the court of 3,817
common pleas, or a judge residing in the same subdivision of the 3,818
judicial district. If approved by a majority of them, a copy 3,819
thereof shall be deposited with the county auditor and kept by 3,820
him THE AUDITOR for the inspection of interested parties. Before 3,822
such plans are adopted, they shall be submitted to the department 3,823
of human JOB AND FAMILY services for suggestions and criticism. 3,824
The boards of counties composing a district for the purpose of 3,825
establishing a district children's home, in letting contracts for 3,826
the necessary buildings or the repair or alteration thereof, 3,827
shall be governed by the law relating to letting contracts for 3,828
erecting, repairing, or altering other public buildings. 3,829
Sec. 169.02. Subject to division (B) of section 169.01 of 3,838
90
the Revised Code, the following constitute unclaimed funds: 3,839
(A) Except as provided in division (R) of this section, 3,842
any demand, savings, or matured time deposit account, or matured 3,843
certificate of deposit, together with any interest or dividend on 3,844
it, less any lawful claims, that is held or owed by a holder 3,845
which is a financial organization, unclaimed for a period of five 3,846
years;
(B) Any funds paid toward the purchase of withdrawable 3,848
shares or other interest in a financial organization, and any 3,849
interest or dividends on them, less any lawful claims, that is 3,850
held or owed by a holder which is a financial organization, 3,851
unclaimed for a period of five years; 3,852
(C) Except as provided in division (A) of section 3903.45 3,854
of the Revised Code, moneys held or owed by a holder, including a 3,855
fraternal association, providing life insurance, including 3,856
annuity or endowment coverage, unclaimed for three years after 3,858
becoming payable as established from the records of such holder 3,859
under any life or endowment insurance policy or annuity contract 3,860
that has matured or terminated. An insurance policy, the 3,861
proceeds of which are payable on the death of the insured, not 3,862
matured by proof of death of the insured is deemed matured and 3,863
the proceeds payable if such policy was in force when the insured 3,864
attained the limiting age under the mortality table on which the 3,865
reserve is based. 3,866
Moneys otherwise payable according to the records of such 3,868
holder are deemed payable although the policy or contract has not 3,869
been surrendered as required. 3,870
(D) Any deposit made to secure payment or any sum paid in 3,872
advance for utility services of a public utility and any amount 3,873
refundable from rates or charges collected by a public utility 3,874
for utility services held or owed by a holder, less any lawful 3,875
claims, that has remained unclaimed for one year after the 3,877
termination of the services for which the deposit or advance 3,878
payment was made or one year from the date the refund was 3,880
91
payable, whichever is earlier; 3,881
(E) Except as provided in division (R) of this section, 3,884
any certificates, securities as defined in section 1707.01 of the 3,885
Revised Code, nonwithdrawable shares, other instruments 3,886
evidencing ownership, or rights to them or funds paid toward the 3,887
purchase of them, or any dividend, capital credit, profit, 3,888
distribution, interest, or payment on principal or other sum, 3,889
held or owed by a holder, including funds deposited with a fiscal 3,890
agent or fiduciary for payment of them, and instruments
representing an ownership interest, unclaimed for five years. 3,892
Any underlying share or other intangible instrument representing 3,893
an ownership interest in a business association, in which the 3,894
issuer has recorded on its books the issuance of the share but 3,895
has been unable to deliver the certificate to the shareholder, 3,896
constitutes unclaimed funds if such underlying share is unclaimed 3,897
for five years. In addition, an underlying share constitutes 3,898
unclaimed funds if a dividend, distribution, or other sum payable 3,899
as a result of the underlying share has remained unclaimed by the 3,900
owner for five years. 3,901
This division shall not prejudice the rights of fiscal 3,903
agents or fiduciaries for payment to return the items described 3,904
in this division to their principals, according to the terms of 3,905
an agency or fiduciary agreement, but such a return shall 3,906
constitute the principal as the holder of the items and shall not 3,907
interrupt the period for computing the time for which the items 3,908
have remained unclaimed. 3,909
In the case of any such funds accruing and held or owed by 3,911
a corporation under division (E) of section 1701.24 of the 3,912
Revised Code, such corporation shall comply with this chapter, 3,913
subject to the limitation contained in section 1701.34 of the 3,914
Revised Code. The period of time for which such funds have gone 3,915
unclaimed specified in section 1701.34 of the Revised Code shall 3,916
be computed, with respect to dividends or distributions, 3,917
commencing as of the dates when such dividends or distributions 3,918
92
would have been payable to the shareholder had such shareholder 3,919
surrendered the certificates for cancellation and exchange by the 3,920
date specified in the order relating to them. 3,921
Capital credits of a cooperative which after January 1, 3,923
1972, have been allocated to members and which by agreement are 3,924
expressly required to be paid if claimed after death of the owner 3,925
are deemed payable, for the purpose of this chapter, fifteen 3,926
years after either the termination of service by the cooperative 3,927
to the owner or upon the nonactivity as provided in division (B) 3,928
of section 169.01 of the Revised Code, whichever occurs later, 3,929
provided that this provision does not apply if the payment is not 3,930
mandatory. 3,931
(F) Any sum payable on certified checks or other written 3,933
instruments certified or issued and representing funds held or 3,934
owed by a holder, less any lawful claims, that are unclaimed for 3,935
five years, and traveler's checks that are unclaimed for fifteen 3,937
years from the date payable, or from the date of issuance if 3,938
payable on demand. 3,939
As used in this division, "written instruments" include, 3,941
but are not limited to, certified checks, cashier's checks, bills 3,942
of exchange, letters of credit, drafts, money orders, and 3,943
traveler's checks. 3,944
If there is no address of record for the owner or other 3,946
person entitled to the funds, such address is presumed to be the 3,947
address where the instrument was certified or issued. 3,948
(G) Except as provided in division (R) of this section, 3,951
all moneys, rights to moneys, or other intangible property, 3,952
arising out of the business of engaging in the purchase or sale 3,953
of securities, or otherwise dealing in intangibles, less any 3,954
lawful claims, that are held or owed by a holder and are 3,955
unclaimed for five years from the date of transaction.
(H) Except as provided in division (A) of section 3903.45 3,957
of the Revised Code, all moneys, rights to moneys, and other 3,958
intangible property distributable in the course of dissolution or 3,959
93
liquidation of a holder that are unclaimed for one year after the 3,960
date set by the holder for distribution; 3,961
(I) All moneys, rights to moneys, or other intangible 3,963
property removed from a safe-deposit box or other safekeeping 3,964
repository located in this state or removed from a safe-deposit 3,965
box or other safekeeping repository of a holder, on which the 3,966
lease or rental period has expired, or any amount arising from 3,967
the sale of such property, less any lawful claims, that are 3,968
unclaimed for three years from the date on which the lease or 3,970
rental period expired; 3,971
(J) Subject to division (M)(2) of this section, all 3,973
moneys, rights to moneys, or other intangible property, and any 3,974
income or increment on them, held or owed by a holder which is a 3,975
fiduciary for the benefit of another, or a fiduciary or custodian 3,976
of a qualified retirement plan or individual retirement 3,977
arrangement under section 401 or 408 of the Internal Revenue 3,978
Code, unclaimed for three years after the final date for 3,979
distribution; 3,980
(K) All moneys, rights to moneys, or other intangible 3,982
property held or owed in this state or held for or owed to an 3,983
owner whose last known address is within this state, by the 3,984
United States government or any state, as those terms are 3,985
described in division (E) of section 169.01 of the Revised Code, 3,986
unclaimed by the owner for three years, excluding any property in 3,988
the control of any court in a proceeding in which a final 3,989
adjudication has not been made; 3,990
(L) Amounts payable pursuant to the terms of any policy of 3,992
insurance, other than life insurance, or any refund available 3,993
under such a policy, held or owed by any holder, unclaimed for 3,994
three years from the date payable or distributable; 3,995
(M)(1) Subject to division (M)(2) of this section, any 3,997
funds constituting rents or lease payments due, any deposit made 3,998
to secure payment of rents or leases, or any sum paid in advance 3,999
for rents, leases, possible damage to property, unused services, 4,000
94
performance requirements, or any other purpose, held or owed by a 4,001
holder unclaimed for one year; 4,002
(2) Any escrow funds, security deposits, or other moneys 4,004
that are received by a licensed broker in a fiduciary capacity 4,005
and that, pursuant to division (A)(26) of section 4735.18 of the 4,006
Revised Code, are required to be deposited into and maintained in 4,007
a special or trust, noninterest-bearing bank account separate and 4,008
distinct from any personal or other account of the licensed 4,009
broker, held or owed by the licensed broker unclaimed for two 4,010
years. 4,011
(N) Any sum payable as wages, salaries, or commissions, 4,013
any sum payable for services rendered, funds owed or held as 4,014
royalties, oil and mineral proceeds, funds held for or owed to 4,015
suppliers, and moneys owed under pension and profit-sharing 4,016
plans, held or owed by any holder unclaimed for one year from 4,018
date payable or distributable, and all other credits held or owed 4,019
by any holder unclaimed for three years from date payable or
distributable; 4,020
(O) Amounts held in respect of or represented by lay-aways 4,022
sold after January 1, 1972, less any lawful claims, when such 4,023
lay-aways are unclaimed for three years after the sale of them; 4,024
(P) All moneys, rights to moneys, and other intangible 4,026
property not otherwise constituted as unclaimed funds by this 4,027
section, including any income or increment on them, less any 4,028
lawful claims, which are held or owed by any holder, other than a 4,029
holder which holds a permit issued pursuant to Chapter 3769. of 4,030
the Revised Code, and which have remained unclaimed for three 4,032
years after becoming payable or distributable; 4,033
(Q) All moneys that arise out of a sale held pursuant to 4,035
section 5322.03 of the Revised Code, that are held by a holder 4,036
for delivery on demand to the appropriate person pursuant to 4,037
division (I) of that section, and that are unclaimed for two 4,038
years after the date of the sale. 4,039
(R)(1) Any funds that are subject to an agreement between 4,042
95
the holder and owner providing for automatic reinvestment and 4,043
that constitute dividends, distributions, or other sums held or 4,044
owed by a holder in connection with a security as defined in 4,045
section 1707.01 of the Revised Code, an ownership interest in an 4,048
investment company registered under the "Investment Company Act 4,049
of 1940," 54 Stat. 789, 15 U.S.C. 80a-1, as amended, or a 4,051
certificate of deposit, unclaimed for a period of five years. 4,052
(2) The five-year period under division (R)(1) of this 4,054
section commences from the date a second shareholder notification 4,055
or communication mailing to the owner of the funds is returned to 4,056
the holder as undeliverable by the United States postal service 4,057
or other carrier. The notification or communication mailing by 4,058
the holder shall be no less frequent than quarterly. 4,059
All moneys in a personal allowance account, as defined by 4,062
rules adopted by the department DIRECTOR of human JOB AND FAMILY 4,064
services, up to and including the maximum resource limitation, of 4,065
a medicaid patient who has died after receiving care in a 4,066
long-term care facility, and for whom there is no identifiable 4,067
heir or sponsor, are not subject to this chapter. 4,068
Sec. 169.03. (A)(1) Every holder of unclaimed funds and, 4,077
when requested, every person which could be the holder of 4,078
unclaimed funds, under this chapter shall report to the director 4,079
of commerce with respect to the unclaimed funds as provided in 4,080
this section. The report shall be verified. 4,081
(2) With respect to items of unclaimed funds each having a 4,083
value of fifty dollars or more, the report required under 4,084
division (A)(1) of this section shall include: 4,086
(a) The full name, if known, and last known address, if 4,088
any, of each person appearing from the records of the holder to 4,089
be the owner of unclaimed funds under this chapter; 4,090
(b) In the case of unclaimed funds reported by holders 4,092
providing life insurance coverage, the full name of the insured 4,093
or annuitant and beneficiary, if any, and their last known 4,094
addresses according to such holder's records; 4,095
96
(c) The nature and identifying number, if any, or 4,097
description of the funds and the amount appearing from the 4,098
records to be due; 4,099
(d) The date when the funds became payable, demandable, or 4,101
returnable and the date of the last transaction with the owner 4,102
with respect to the funds; 4,103
(e) Subject to division (I) of this section, the social 4,105
security number of the owner of the unclaimed funds, if it is 4,106
available;
(f) Other information which the director prescribes as 4,108
necessary for the administration of this chapter. 4,109
(3) With respect to items of unclaimed funds each having a 4,111
value of less than fifty dollars, the report required under 4,112
division (A)(1) of this section shall include: 4,113
(a) Each category of items of unclaimed funds as described 4,115
in section 169.02 of the Revised Code; 4,116
(b) The number of items of unclaimed funds within each 4,118
category; 4,119
(c) The aggregated value of the items of unclaimed funds 4,121
within each category. 4,122
(B) If the holder of unclaimed funds is a successor to 4,124
other organizations that previously held the funds for the owner, 4,125
or if the holder has changed its name while holding the funds, it 4,126
shall file with the report all prior known names and addresses 4,127
and date and state of incorporation or formation of each holder 4,128
of the funds. 4,129
(C) The report shall be filed before the first day of 4,131
November of each year as of the preceding thirtieth day of June, 4,132
but the report of holders providing life insurance coverage shall 4,133
be filed before the first day of May of each year as of the 4,134
preceding thirty-first day of December. The director may 4,135
postpone, for good cause shown, the reporting date upon written 4,136
request by any holder required to file a report. 4,137
(D) The holder of unclaimed funds under this chapter shall 4,139
97
send notice to each owner of each item of unclaimed funds having 4,140
a value of fifty dollars or more at the last known address of the 4,143
owner as shown by the records of the holder before filing the 4,144
annual report. In case of holders providing life insurance
coverage, such notice shall also be mailed to each beneficiary at 4,145
the last known address of such beneficiary as shown by the 4,146
records of such holder, except that such notice to beneficiaries 4,147
shall not be mailed if such address is the same as that of the 4,148
insured and the surname of the beneficiary is the same as that of 4,149
the insured. The holder shall not report an item of unclaimed 4,150
funds earlier than the thirtieth day after the mailing of notice 4,151
required by this division. 4,152
Such notice shall set forth the nature and identifying 4,154
number, if any, or description of the funds and the amount 4,155
appearing on the records of the holder to be due the owner, and 4,156
shall inform the owner that the funds will, thirty days after the 4,157
mailing of such notice, be reported as unclaimed funds under this 4,158
chapter. A self-addressed, stamped envelope shall be included 4,159
with the notice, with instructions that the owner may use such 4,160
envelope to inform the holder of the owner's continued interest 4,162
in the funds and, if so informed before the date for making the 4,163
report to the director, the holder shall not report said funds to 4,164
the director. The notice shall be mailed by first class mail. 4,165
If there is no address of record for the owner or other person 4,166
entitled to the unclaimed funds, the holder is relieved of any 4,167
responsibility of sending notice, attempting to notify, or 4,168
notifying the owner. The mailing of notice pursuant to this 4,169
section shall discharge the holder from any further 4,170
responsibility to give notice. 4,171
(E) Verification of the report and of the mailing of 4,173
notice, where required, shall be executed by an officer of the 4,174
reporting holder. 4,175
(F)(1) The director may at reasonable times and upon 4,177
reasonable notice examine or cause to be examined, by auditors of 4,178
98
supervisory departments or divisions of the state, the records of 4,179
any holder to determine compliance with this chapter. 4,180
(2) Holders shall retain records, designated by the 4,182
director as applicable to unclaimed funds, for five years beyond 4,183
the relevant time period provided in section 169.02 of the 4,185
Revised Code, or until completion of an audit conducted pursuant 4,186
to division (F) of this section, whichever occurs first. An 4,187
audit conducted pursuant to division (F) of this section shall 4,188
not require a holder to make records available for a period of
time exceeding the records retention period set forth in division 4,190
(F) of this section, except for records pertaining to instruments 4,191
evidencing ownership, or rights to them or funds paid toward the 4,192
purchase of them, or any dividend, capital credit, profit, 4,193
distribution, interest, or payment on principal or other sum, 4,194
held or owed by a holder, including funds deposited with a fiscal 4,195
agent or fiduciary for payment of them, or pertaining to debt of 4,196
a publicly traded corporation. Any holder that is audited 4,197
pursuant to division (F) of this section shall only be required 4,198
to make available those records that are relevant to an unclaimed 4,199
funds audit of that holder as prescribed by the director. 4,200
(3) The director may enter into contracts, pursuant to 4,202
procedures prescribed by the director, with persons for the sole 4,203
purpose of examining the records of holders, determining 4,204
compliance with this chapter, and collecting, taking possession 4,205
of, and remitting to the department's division of unclaimed 4,206
funds, in a timely manner, the amounts found and defined as 4,207
unclaimed. The director shall not enter into such a contract 4,209
with a person unless the person does all of the following: 4,210
(a) Agrees to maintain the confidentiality of the records 4,212
examined, as required under division (F)(4) of this section; 4,213
(b) Agrees to conduct the audit in accordance with rules 4,215
adopted under section 169.09 of the Revised Code; 4,216
(c) Obtains a corporate surety bond issued by a bonding 4,218
company or insurance company authorized to do business in this 4,219
99
state. The bond shall be in favor of the director and in the 4,220
penal sum determined by the director. The bond shall be for the 4,221
benefit of any holder of unclaimed funds that is audited by the 4,222
principal and is injured by the principal's failure to comply
with division (F)(3)(a) or (b) of this section. 4,223
(4) Records audited pursuant to division (F) of this 4,226
section are confidential, and shall not be disclosed except as 4,227
required by section 169.06 of the Revised Code or as the director 4,228
considers necessary in the proper administration of this chapter. 4,229
(5) If a person with whom the director has entered into a 4,232
contract pursuant to division (F)(3) of this section intends to 4,233
conduct, in conjunction with an unclaimed funds audit under this 4,234
section, an unclaimed funds audit for the purpose of 4,235
administering another state's unclaimed or abandoned property 4,236
laws, the person, prior to commencing the audit, shall provide 4,237
written notice to the director of the person's intent to conduct 4,238
such an audit, along with documentation evidencing the person's 4,239
express authorization from the other state to conduct the audit
on behalf of that state. 4,240
(6) Prior to the commencement of an audit conducted 4,242
pursuant to division (F) of this section, the director shall 4,243
notify the holder of unclaimed funds of the director's intent to 4,244
audit the holder's records. If the audit will be conducted in 4,245
conjunction with an audit for one or more other states, the 4,246
director shall provide the holder with the name or names of those 4,247
states.
(7) Any holder of unclaimed funds may appeal the findings 4,249
of an audit conducted pursuant to division (F) of this section to 4,250
the director. Pursuant to the authority granted by section 4,251
169.09 of the Revised Code, the director shall adopt rules 4,252
establishing procedures for considering such an appeal. 4,253
(G) All holders shall make sufficient investigation of 4,255
their records to ensure that the funds reported to the director 4,256
are unclaimed as set forth in division (B) of section 169.01 and 4,257
100
section 169.02 of the Revised Code. 4,258
(H) The expiration of any period of limitations on or 4,260
after March 1, 1968, within which a person entitled to any 4,261
moneys, rights to moneys, or intangible property could have 4,262
commenced an action or proceeding to obtain the same shall not 4,263
prevent such items from becoming unclaimed funds or relieve the 4,264
holder thereof of any duty to report and give notice as provided 4,265
in this section and deliver the same in the manner provided in 4,266
section 169.05 of the Revised Code, provided that the holder may 4,267
comply with the provisions of this section and section 169.05 of 4,268
the Revised Code with respect to any moneys, rights to moneys, or 4,269
intangible property as to which the applicable statute of 4,270
limitations has run prior to March 1, 1968, and in such event the 4,271
holder shall be entitled to the protective provisions of section 4,272
169.07 of the Revised Code. 4,273
(I) No social security number contained in a report made 4,275
pursuant to this section shall be used by the department of 4,276
commerce for any purpose other than to enable the division of 4,277
unclaimed funds to carry out the purposes of this chapter and for 4,278
child support purposes in response to a request made by the 4,279
division of child support in the department of human JOB AND 4,280
FAMILY services made pursuant to section 5101.327 of the Revised 4,281
Code.
Sec. 169.08. (A) Any person claiming a property interest 4,290
in unclaimed funds delivered or reported to the state under 4,291
Chapter 169. of the Revised Code, including the division of child 4,292
support in the department of human JOB AND FAMILY services, 4,293
pursuant to section 5101.327 of the Revised Code, may file a 4,295
claim thereto on the form prescribed by the director of commerce. 4,296
(B) The director shall consider matters relevant to any 4,298
claim filed under division (A) of this section and shall hold a 4,299
formal hearing if requested or considered necessary and receive 4,300
evidence concerning such claim. A finding and decision in 4,301
writing on each claim filed shall be prepared, stating the 4,302
101
substance of any evidence received or heard and the reasons for 4,303
allowance or disallowance of the claim. The evidence and 4,304
decision shall be a public record. No statute of limitations 4,305
shall bar the allowance of a claim. 4,306
(C) For the purpose of conducting any hearing, the 4,308
director may require the attendance of such witnesses and the 4,309
production of such books, records, and papers as the director 4,310
desires, and the director may take the depositions of witnesses 4,312
residing within or without this state in the same manner as is 4,314
prescribed by law for the taking of depositions in civil actions 4,315
in the court of common pleas, and for that purpose the director 4,316
may issue a subpoena for any witness or a subpoena duces tecum to 4,317
compel the production of any books, records, or papers, directed 4,318
to the sheriff of the county where such witness resides or is 4,319
found, which shall be served and returned. The fees and mileage 4,320
of the sheriff and witnesses shall be the same as that allowed in 4,321
the court of common pleas in criminal cases. Fees and mileage 4,322
shall be paid from the unclaimed funds trust fund. 4,323
(D) Interest is not payable to claimants of unclaimed 4,325
funds held by the state. Claims shall be paid from the trust 4,326
fund. If the amount available in the trust fund is not 4,327
sufficient to pay pending claims, or other amounts disbursable 4,328
from the trust fund, the treasurer of state shall certify such 4,329
fact to the director, who shall then withdraw such amount of 4,330
funds from the mortgage accounts as the director determines 4,331
necessary to reestablish the trust fund to a level required to 4,333
pay anticipated claims but not more than ten per cent of the net 4,334
unclaimed funds reported to date. 4,335
The director shall retain in the trust fund, as a fee for 4,337
administering the funds, five per cent of the total amount of 4,338
unclaimed funds payable to the claimant and may withdraw the 4,339
funds paid to the director by the holders and deposited by the 4,340
director with the treasurer of state or in a financial 4,341
institution as agent for such funds. Whenever these funds are 4,342
102
inadequate to meet the requirements for the trust fund, the 4,343
director shall provide for a withdrawal of funds, within a 4,345
reasonable time, in such amount as is necessary to meet the 4,346
requirements, from financial institutions in which such funds 4,347
were retained or placed by a holder and from other holders who 4,348
have retained funds, in an equitable manner as prescribed by the 4,349
director. In the event that the amount to be withdrawn from any 4,351
one such holder is less than five hundred dollars, the amount to 4,352
be withdrawn shall be at the discretion of the director. Such 4,353
funds may be reimbursed in the amounts withdrawn when the trust 4,354
fund has a surplus over the amount required to pay anticipated 4,355
claims. Whenever the trust fund has a surplus over the amount 4,356
required to pay anticipated claims, the director may transfer 4,357
such surplus to the mortgage accounts. 4,358
(E) If a claim which is allowed under this section relates 4,360
to funds which have been retained by the reporting holder, and if 4,361
the funds, on deposit with the treasurer of state pursuant to 4,362
this chapter, are insufficient to pay claims, the director may 4,363
notify such holder in writing of the payment of the claim and 4,364
such holder shall immediately reimburse the state in the amount 4,365
of such claim. The reimbursement shall be credited to the 4,366
unclaimed funds trust fund. 4,367
(F) Any person, including the division of child support, 4,369
adversely affected by a decision of the director may appeal such 4,371
decision in the manner provided in Chapter 119. of the Revised 4,372
Code.
In the event the claimant prevails, the claimant shall be 4,374
reimbursed for reasonable attorney's fees and costs. 4,376
(G) Notwithstanding anything to the contrary in this 4,378
chapter, any holder who has paid moneys to or entered into an 4,379
agreement with the director pursuant to section 169.05 of the 4,380
Revised Code on certified checks, cashiers' checks, bills of 4,381
exchange, letters of credit, drafts, money orders, or travelers' 4,382
checks, may make payment to any person entitled thereto, 4,383
103
including the division of child support, and upon surrender of 4,385
the document, except in the case of travelers' checks, and proof 4,386
of such payment, the director shall reimburse the holder for such 4,387
payment without interest.
Sec. 173.03. (A) There is hereby created the Ohio 4,396
advisory council for the aging, which shall consist of twelve 4,397
members to be appointed by the governor with the advice and 4,398
consent of the senate. Two ex officio members of the council 4,399
shall be members of the house of representatives appointed by the 4,400
speaker of the house of representatives and shall be members of 4,401
two different political parties. Two ex officio members of the 4,402
council shall be members of the senate appointed by the president 4,403
of the senate and shall be members of two different political 4,404
parties. The directors of mental health, mental retardation and 4,405
developmental disabilities, health, and human JOB AND FAMILY 4,407
services, or their designees, shall serve as ex officio members 4,408
of the council. The council shall carry out its role as defined 4,409
under the "Older Americans Act of 1965," 79 Stat. 219, 42 U.S.C. 4,410
3001, as amended.
At the first meeting of the council, and annually 4,412
thereafter, the members shall select one of their members to 4,413
serve as chairman CHAIRPERSON and one of their members to serve 4,414
as vice-chairman VICE-CHAIRPERSON. 4,415
(B) Members of the council shall be appointed for a term 4,417
of three years, except that for the first appointment members of 4,418
the Ohio commission on aging who were serving on the commission 4,419
immediately prior to July 26, 1984, shall become members of the 4,420
council for the remainder of their unexpired terms. Thereafter, 4,421
appointment to the council shall be for a three-year term by the 4,422
governor. Each member shall hold office from the date of his 4,423
appointment until the end of the term for which he THE MEMBER was 4,425
appointed. Any member appointed to fill a vacancy occurring
prior to the expiration of the term for which his THE MEMBER'S 4,426
predecessor was appointed shall hold office for the remainder of 4,428
104
the term. Any member may continue in office subsequent to the 4,429
expiration date of his THE MEMBER'S term until his A successor 4,430
takes office and shall be compensated for the period he serves 4,432
SERVED between the expiration of his THE MEMBER'S term and the 4,433
beginning of his THE successor's term. 4,434
(C) Membership of the council shall represent all areas of 4,436
Ohio and shall be as follows: 4,437
(1) A majority of members of the council shall have 4,439
attained the age of sixty and have a knowledge of and continuing 4,440
interest in the affairs and welfare of the older citizens of 4,441
Ohio. The fields of business, labor, health, law, and human 4,442
services shall be represented in the membership. 4,443
(2) No more than seven members shall be of the same 4,445
political party. 4,446
(D) Any member of the council may be removed from office 4,448
by the governor for neglect of duty, misconduct, or malfeasance 4,449
in office after being informed in writing of the charges and 4,450
afforded an opportunity for a hearing. Two consecutive unexcused 4,451
absences from regularly scheduled meetings constitute neglect of 4,452
duty. 4,453
(E) Members of the council shall be compensated at the 4,455
rate of fifty dollars for each day actually employed in the 4,456
discharge of official duties but not to exceed two thousand 4,457
dollars per year and in addition shall be allowed actual and 4,458
necessary expenses. 4,459
(F) Council members are not limited as to the number of 4,461
terms they may serve. 4,462
(G) Council members shall not be interested directly or 4,464
indirectly in any contract awarded by the department of aging. 4,465
Sec. 173.17. (A) The state long-term care ombudsperson 4,475
shall do all of the following: 4,476
(1) Appoint a staff and direct and administer the work of 4,478
the staff; 4,479
(2) Supervise the nursing home investigative unit 4,481
105
established under division (I) of section 173.01 of the Revised 4,482
Code; 4,483
(3) Oversee the performance and operation of the office of 4,485
the state long-term care ombudsperson program, including the 4,487
operation of regional long-term care ombudsperson programs; 4,489
(4) Establish and maintain a statewide uniform reporting 4,491
system to collect and analyze information relating to complaints 4,492
and conditions in long-term care facilities and complaints 4,493
regarding the provision of community-based long-term care 4,494
services for the purpose of identifying and resolving significant 4,495
problems; 4,496
(5) Provide for public forums to discuss concerns and 4,498
problems relating to action, inaction, or decisions that may 4,499
adversely affect the health, safety, welfare, or rights of 4,500
residents and recipients of services by providers of long-term 4,501
care and their representatives, public agencies and entities, and 4,502
social service agencies. This may include any of the following: 4,503
conducting public hearings; sponsoring workshops and conferences; 4,504
holding meetings for the purpose of obtaining information about 4,505
residents and recipients, discussing and publicizing their needs, 4,506
and advocating solutions to their problems; and promoting the 4,507
development of citizen organizations. 4,508
(6) Encourage, cooperate with, and assist in the 4,510
development and operation of services to provide current, 4,511
objective, and verified information about long-term care; 4,512
(7) Develop and implement, with the assistance of regional 4,514
programs, a continuing program to publicize, through the media 4,515
and civic organizations, the office, its purposes, and its 4,516
methods of operation; 4,517
(8) Maintain written descriptions of the duties and 4,519
qualifications of representatives of the office; 4,520
(9) Evaluate and make known concerns and issues regarding 4,522
long-term care by doing all of the following: 4,523
(a) Preparing an annual report containing information and 4,525
106
findings regarding the types of problems experienced by residents 4,526
and recipients and the complaints made by or on behalf of 4,527
residents and recipients. The report shall include 4,528
recommendations for policy, regulatory, and legislative changes 4,529
to solve problems, resolve complaints, and improve the quality of 4,530
care and life for residents and recipients and shall be submitted 4,531
to the governor, the speaker of the house of representatives, the 4,532
president of the senate, the directors of the departments of 4,533
health and human OF JOB AND FAMILY services, and the commissioner 4,535
of the administration on aging of the United States department of
health and human services. 4,537
(b) Monitoring and analyzing the development and 4,539
implementation of federal, state, and local laws, rules, and 4,540
policies regarding long-term care services in this state and 4,541
recommending to officials changes the office considers 4,542
appropriate in these laws, rules, and policies; 4,543
(c) Providing information and making recommendations to 4,545
public agencies, members of the general assembly, and others 4,546
regarding problems and concerns of residents and recipients. 4,547
(10) Conduct training for employees and volunteers on 4,549
ombudsperson's staff and for representatives of the office 4,551
employed by regional programs; 4,552
(11) Monitor the training of representatives of the office 4,554
who provide volunteer services to regional programs, and provide 4,555
technical assistance to the regional programs in conducting the 4,556
training; 4,557
(12) Issue certificates attesting to the successful 4,559
completion of training and specifying the level of responsibility 4,560
for which a representative of the office who has completed 4,561
training is qualified; 4,562
(13) Register as a residents' rights advocate with the 4,564
department of health under division (B) of section 3701.07 of the 4,565
Revised Code; 4,566
(14) Perform other duties specified by the department of 4,568
107
aging. 4,569
(B) The state ombudsperson may delegate any of the 4,572
ombudsperson's authority or duties under sections 173.14 to 4,573
173.26 of the Revised Code to any member of the ombudsperson's 4,575
staff. The state ombudsperson is responsible for any authority 4,577
or duties the ombudsperson delegates.
Sec. 173.35. (A) As used in this section, "PASSPORT 4,586
administrative agency" means an entity under contract with the 4,587
department of aging to provide administrative services regarding 4,588
the PASSPORT program created under section 173.40 of the Revised 4,590
Code.
(B) The department of aging shall administer the 4,593
residential state supplement program under which the state
supplements the supplemental security income payments received by 4,594
aged, blind, or disabled adults under Title XVI of the "Social 4,595
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A., as amended. 4,596
Residential state supplement payments shall be used for the 4,597
provision of accommodations, supervision, and personal care 4,598
services to supplemental security income recipients who the 4,599
department determines are at risk of needing institutional care. 4,600
(C) For an individual to be eligible for residential state 4,603
supplement payments, all of the following must be the case: 4,605
(1) Except as provided by division (G) of this section, 4,607
the individual must reside in one of the following: 4,608
(a) An adult foster home certified under section 173.36 of 4,610
the Revised Code; 4,611
(b) A home or facility, other than a nursing home or 4,613
nursing home unit of a home for the aging, licensed by the 4,614
department of health under Chapter 3721. or 3722. of the Revised 4,616
Code;
(c) A community alternative home licensed under section 4,618
3724.03 of the Revised Code; 4,619
(d) A residential facility as defined in division 4,621
(A)(1)(d)(ii) of section 5119.22 of the Revised Code licensed by 4,622
108
the department of mental health; 4,623
(e) An apartment or room used to provide community mental 4,625
health housing services certified by the department of mental 4,626
health under division (M) of section 5119.61 of the Revised Code 4,627
and approved by a board of alcohol, drug addiction, and mental 4,628
health services under division (A)(13) of section 340.03 of the 4,629
Revised Code. 4,630
(2) Effective July 1, 2000, a PASSPORT administrative 4,634
agency must have determined that the environment in which the
individual will be living while receiving the payments is 4,635
appropriate for the individual's needs. If the individual is 4,636
eligible for supplemental security income payments or social 4,637
security disability insurance benefits because of a mental 4,638
disability, the PASSPORT administrative agency shall refer the 4,639
individual to a community mental health agency for the community 4,640
mental health agency to issue in accordance with section 340.091 4,641
of the Revised Code a recommendation on whether the PASSPORT
administrative agency should determine that the environment in 4,642
which the individual will be living while receiving the payments 4,643
is appropriate for the individual's needs. Division (C)(2) of 4,644
this section does not apply to an individual receiving 4,645
residential state supplement payments on June 30, 2000, until the 4,646
individual's first eligibility redetermination after that date. 4,647
(3) The individual satisfies all eligibility requirements 4,649
established by rules adopted under division (D) of this section. 4,650
(D) The departments DIRECTORS of aging and human JOB AND 4,653
FAMILY services shall adopt rules in accordance with section 4,655
111.15 of the Revised Code as necessary to implement the 4,657
residential state supplement program.
To the extent permitted by Title XVI of the "Social 4,660
Security Act," and any other provision of federal law, the 4,661
department DIRECTOR of human JOB AND FAMILY services shall adopt 4,663
rules establishing standards for adjusting the eligibility
requirements concerning the level of impairment a person must 4,665
109
have so that the amount appropriated for the program by the 4,666
general assembly is adequate for the number of eligible
individuals. The rules shall not limit the eligibility of 4,667
disabled persons solely on a basis classifying disabilities as 4,668
physical or mental. The department DIRECTOR of human JOB AND 4,669
FAMILY services also shall adopt rules that establish eligibility 4,671
standards for aged, blind, or disabled individuals who reside in 4,672
one of the homes or facilities specified in division (C)(1) of 4,674
this section but who, because of their income, do not receive 4,676
supplemental security income payments. The rules may provide 4,677
that these individuals may include individuals who receive other 4,678
types of benefits, including social security disability insurance 4,679
benefits provided under Title II of the "Social Security Act," 49 4,681
Stat. 620 (1935), 42 U.S.C.A. 401, as amended. Notwithstanding 4,682
division (B) of this section, such payments may be made if funds 4,683
are available for them. 4,684
The department DIRECTOR of aging shall adopt rules 4,686
establishing the method to be used to determine the amount an 4,688
eligible individual will receive under the program. The amount 4,689
the general assembly appropriates for the program shall be a
factor included in the method that department establishes. 4,691
(E) The county department of human JOB AND FAMILY services 4,693
of the county in which an applicant for the residential state 4,697
supplement program resides shall determine whether the applicant 4,698
meets income and resource requirements for the program.
(F) The department of aging shall maintain a waiting list 4,700
of any individuals eligible for payments under this section but 4,702
not receiving them because moneys appropriated to the department 4,703
for the purposes of this section are insufficient to make 4,704
payments to all eligible individuals. An individual may apply to 4,705
be placed on the waiting list even though the individual does not 4,706
reside in one of the homes or facilities specified in division 4,707
(C)(1) of this section at the time of application. The 4,708
department DIRECTOR of aging, by rules adopted in accordance with 4,711
110
Chapter 119. of the Revised Code, shall specify procedures and 4,712
requirements for placing an individual on the waiting list. 4,713
Individuals on the waiting list who reside in a community setting 4,714
not required to be licensed or certified shall have their
eligibility for the payments assessed before other individuals on 4,715
the waiting list. 4,716
(G) An individual in a licensed or certified living 4,718
arrangement receiving state supplementation on November 15, 1990, 4,719
under former section 5101.531 of the Revised Code shall not 4,720
become ineligible for payments under this section solely by 4,721
reason of the individual's living arrangement as long as the 4,723
individual remains in the living arrangement in which the 4,724
individual resided on November 15, 1990.
(H) The department of aging shall notify each person 4,726
denied approval for payments under this section of the person's 4,728
right to a hearing. On request, the hearing shall be provided by
the department of human JOB AND FAMILY services in accordance 4,729
with section 5101.35 of the Revised Code. 4,731
Sec. 173.40. There is hereby created a program to be known 4,740
as the preadmission screening system providing options and 4,741
resources today program, or PASSPORT. Through the medical 4,742
assistance program established under Chapter 5111. of the Revised 4,744
Code, the program shall provide home and community-based services 4,745
as an alternative to nursing facility placement for aged and
disabled persons. The program shall be operated pursuant to a 4,746
home and community-based waiver granted by the United States 4,747
secretary of health and human services under section 1915 of the 4,748
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 1396n, as 4,749
amended. The department of aging shall administer the program. 4,750
The department of aging shall enter into an interagency agreement
with the department of human JOB AND FAMILY services regarding 4,751
services provided under the program to recipients of medical 4,753
assistance under Chapter 5111. of the Revised Code. The 4,754
departments DIRECTORS of aging and human JOB AND FAMILY services 4,755
111
shall adopt rules in accordance with Chapter 119. of the Revised 4,756
Code to implement the program.
Sec. 176.05. (A)(1) Notwithstanding any provision of law 4,765
to the contrary, the rate of wages payable for the various 4,766
occupations covered by sections 4115.03 to 4115.16 of the Revised 4,767
Code to persons employed on a project who are not any of the 4,769
following shall be determined according to this section:
(a) Qualified volunteers; 4,771
(b) Persons required to participate in a work activity, 4,774
developmental activity, or alternative work activity under
sections 5107.40 to 5107.69 of the Revised Code except those 4,776
engaged in paid employment or subsidized employment pursuant to 4,777
the activity;
(c) Food stamp benefit recipients required to participate 4,779
in employment and training activities established by rules 4,780
adopted under section 5101.54 of the Revised Code. 4,781
An association representing the general contractors or 4,784
subcontractors that engage in the business of residential 4,785
construction in a certain locality shall negotiate with the 4,786
applicable building and construction trades council in that 4,787
locality an agreement or understanding that sets forth the
residential prevailing rate of wages, payable on projects in that 4,788
locality, for each of the occupations employed on those projects. 4,789
(2) Notwithstanding any residential prevailing rate of 4,791
wages established prior to July 1, 1995, if, by October 1, 1995, 4,792
the parties are unable to agree under division (A)(1) of this 4,793
section as to the rate of wages payable for each occupation 4,794
covered by sections 4115.03 to 4115.16 of the Revised Code, the 4,795
administrator DIRECTOR of the bureau of employment services 4,796
COMMERCE shall establish the rate of wages payable for each 4,797
occupation.
(3) The residential prevailing rate of wages established 4,799
under division (A)(1) or (2) of this section shall not be equal 4,800
to or greater than the prevailing rate of wages determined by the 4,801
112
administrator DIRECTOR pursuant to sections 4115.03 to 4115.16 of 4,803
the Revised Code for any of the occupations covered by those 4,804
sections.
(B) Except for the prevailing rate of wages determined by 4,806
the administrator DIRECTOR pursuant to sections 4115.03 to 4,807
4115.16 of the Revised Code, those sections and section 4115.99 4,809
of the Revised Code apply to projects. 4,810
(C) The residential prevailing rate of wages established 4,812
under division (A) of this section is not payable to any 4,813
individual or member of that individual's family who provides 4,814
labor in exchange for acquisition of the property for 4,815
homeownership or who provides labor in place of or as a 4,816
supplement to any rental payments for the property. 4,817
(D) For the purposes of this section: 4,819
(1) "Project" means any construction, rehabilitation, 4,821
remodeling, or improvement of residential housing, whether on a 4,822
single or multiple site for which a person, as defined in section 4,823
1.59 of the Revised Code, or municipal corporation, county, or 4,824
township receives financing, that is financed in whole or in part 4,825
from state moneys or pursuant to this chapter, section 133.51 or 4,826
307.698 of the Revised Code, or Chapter 175. of the Revised Code, 4,827
except for any of the following: 4,828
(a) The single-family mortgage revenue bonds homeownership 4,830
program under Chapter 175. of the Revised Code, including 4,831
owner-occupied dwellings of one to four units; 4,832
(b) Projects consisting of fewer than six units developed 4,834
by any entity that is not a nonprofit organization exempt from 4,835
federal income tax under section 501(c)(3) of the Internal 4,836
Revenue Code; 4,837
(c) Projects of fewer than twenty-five units developed by 4,839
any nonprofit organization that is exempt from federal income tax 4,840
under section 501(c)(3) of the Internal Revenue Code; 4,841
(d) Programs undertaken by any municipal corporation, 4,843
county, or township, including lease-purchase programs, using 4,844
113
mortgage revenue bond financing; 4,845
(e) Any individual project, that is sponsored or developed 4,847
by a nonprofit organization that is exempt from federal income 4,848
tax under section 501(c)(3) of the Internal Revenue Code, for 4,849
which the federal government or any of its agencies furnishes by 4,850
loan, grant, low-income housing tax credit, or insurance more 4,851
than twelve per cent of the costs of the project. For purposes 4,852
of division (D)(2)(e) of this section, the value of the 4,853
low-income housing tax credits shall be calculated as the 4,854
proceeds from the sale of the tax credits, less the costs of the 4,855
sale. 4,856
As used in division (D)(1)(e) of this section, "sponsored" 4,858
means that the general partner of a limited partnership owning 4,859
the project is either a nonprofit organization that is exempt 4,860
from federal income tax under section 501(c)(3) of the Internal 4,861
Revenue Code or a person, as defined in section 1.59 of the 4,862
Revised Code, in which such a nonprofit organization maintains 4,863
controlling interest. 4,864
Nothing in division (D)(1)(e) of this section shall be 4,866
construed as permitting unrelated projects to be combined for the 4,867
sole purpose of determining the total percentage of project costs 4,868
furnished by the federal government or any of its agencies. 4,869
(2) A "project" is a "public improvement" and the state or 4,871
a political subdivision that undertakes or participates in the 4,872
financing of a project is a "public authority," as both of the 4,873
last two terms are defined in section 4115.03 of the Revised 4,874
Code. 4,875
(3) "Qualified volunteers" are volunteers who are working 4,877
without compensation for a nonprofit organization that is exempt 4,878
from federal income tax under section 501(c)(3) of the Internal 4,879
Revenue Code, and that is providing housing or housing assistance 4,880
only to families and individuals in a county whose incomes are 4,881
not greater than one hundred forty per cent of the median income 4,882
of that county as determined under section 175.23 of the Revised 4,883
114
Code. 4,884
Sec. 307.01. (A) A courthouse, jail, public comfort 4,893
station, offices for county officers, and a county home shall be 4,894
provided by the board of county commissioners when, in its 4,895
judgment, any of them are needed. The buildings and offices 4,896
shall be of such style, dimensions, and expense as the board 4,897
determines. All new jails and renovations to existing jails 4,898
shall be designed, and all existing jails shall be operated in 4,899
such a manner as to comply substantially with the minimum 4,900
standards for jails in Ohio adopted by the department of 4,902
rehabilitation and correction. The board shall also provide 4,903
equipment, stationery, and postage, as it considers reasonably 4,904
necessary for the proper and convenient conduct of county 4,905
offices, and such facilities as will result in expeditious and 4,906
economical administration of such offices, except that, for the 4,907
purpose of obtaining federal or state reimbursement, the board 4,908
may impose on the public children services agency reasonable 4,909
charges, not exceeding the amount for which reimbursement will be 4,912
made and consistent with cost-allocation standards adopted by the 4,913
department of human JOB AND FAMILY services, for the provision of 4,915
office space, supplies, stationery, utilities, telephone use, 4,916
postage, and general support services.
The board of county commissioners shall provide all rooms, 4,918
fireproof and burglarproof vaults, safes, and other means of 4,919
security in the office of the county treasurer that are necessary 4,920
for the protection of public moneys and property in the office. 4,921
(B) The court of common pleas shall annually submit a 4,923
written request for an appropriation to the board of county 4,924
commissioners that shall set forth estimated administrative 4,925
expenses of the court that the court considers reasonably 4,926
necessary for its operation. The board shall conduct a public 4,927
hearing with respect to the written request submitted by the 4,928
court and shall appropriate the amount of money each year that it 4,929
determines, after conducting the public hearing and considering 4,930
115
the written request of the court, is reasonably necessary to meet 4,931
all administrative expenses of the court. 4,932
If the court considers the appropriation made by the board 4,934
pursuant to this division insufficient to meet all the 4,935
administrative expenses of the court, it shall commence an action 4,936
under Chapter 2731. of the Revised Code in the court of appeals 4,937
for the judicial district for a determination of the duty of the 4,938
board of county commissioners to appropriate the amount of money 4,939
in dispute. The court of appeals shall give priority to the 4,940
action filed by the court of common pleas over all cases pending 4,941
on its docket. The burden shall be on the court of common pleas 4,942
to prove that the appropriation requested is reasonably necessary 4,943
to meet all its administrative expenses. If, prior to the filing 4,944
of an action under Chapter 2731. of the Revised Code or during 4,945
the pendency of the action, any judge of the court exercises the 4,946
contempt power of the court of common pleas in order to obtain 4,947
the amount of money in dispute, the judge shall not order the 4,948
imprisonment of any member of the board of county commissioners 4,949
notwithstanding sections 2705.02 to 2705.06 of the Revised Code. 4,950
(C) Division (B) of this section does not apply to 4,952
appropriations for the probate court or the juvenile court that 4,953
are subject to section 2101.11 or 2151.10 of the Revised Code. 4,954
Sec. 307.441. (A) The board of county commissioners of 4,963
each county may procure a policy or policies of insurance 4,964
insuring the county recorder and the clerk of the court of common 4,965
pleas and their deputies against liability on account of errors 4,966
or omissions unknowingly made by them and for which they may be 4,967
held liable. 4,968
The policy or policies of insurance shall be in an amount 4,970
of not less than fifty thousand dollars. 4,971
(B) The board of county commissioners of each county may 4,973
procure a policy or policies of insurance insuring the sheriff 4,974
and his deputies against liability arising from the performance 4,975
of their official duties. 4,976
116
(C) The board of county commissioners of each county may 4,978
procure a policy or policies of insurance insuring the 4,979
prosecuting attorney and assistant prosecuting attorneys against 4,980
liability arising from the performance of their official duties. 4,981
(D) The board of county commissioners of each county may 4,983
procure a policy or policies of insurance insuring the coroner, 4,984
county engineer, county auditor, each county commissioner, and 4,985
the county treasurer and their assistants against liability 4,986
arising from the performance of their official duties. 4,987
(E) The board of county commissioners of each county may 4,989
procure a policy or policies of insurance insuring any county 4,990
employee against liability arising from the performance of his 4,991
official duties. 4,992
(F) If the board of county commissioners of any county 4,994
procures a policy or policies of insurance insuring any county 4,995
official against liability arising from the performance of his 4,996
official duties as provided by divisions (A) to (D) of this 4,997
section, it shall not refuse to procure a policy or policies of 4,998
insurance insuring any other county official as authorized in 4,999
those divisions, if such policy or policies are reasonably 5,000
available. 5,001
(G) The board of county commissioners of any county may 5,003
procure a policy or policies of insurance insuring the county 5,004
director of human JOB AND FAMILY services, county department of 5,005
human JOB AND FAMILY services employees, or foster parents 5,008
associated with the county department of human JOB AND FAMILY 5,009
services, against liability arising from the performance of their 5,010
official duties. 5,011
(H) The board of county commissioners of each county may 5,013
procure a policy or policies of insurance insuring the county 5,014
public defender and the members of the county public defender 5,015
commission against liability arising from the performance of 5,016
their official duties. A joint board of county commissioners 5,017
formed pursuant to section 120.23 of the Revised Code may, in 5,018
117
accordance with the agreement of the participating boards of 5,019
county commissioners, procure a policy or policies of insurance 5,020
insuring the joint county public defender and the members of the 5,021
joint county public defender commission against liability arising 5,022
from the performance of their official duties. 5,023
(I) The board of county commissioners of each county may 5,025
procure a policy or policies of insurance insuring the judges of 5,026
the court of common pleas and any county court in the county, and 5,027
the employees of those courts, against liability arising from the 5,028
performance of their official duties. 5,029
Sec. 307.98. Each board of county commissioners shall 5,039
enter into a written partnership agreement with the director of 5,040
human JOB AND FAMILY services in accordance with section 5101.21 5,041
of the Revised Code. Prior to entering into or substantially 5,043
amending the agreement, the board shall conduct a public hearing 5,044
and consult with the county human FAMILY services planning 5,045
committee established under section 329.06 of the Revised Code. 5,046
Through the hearing and consultation, the board shall obtain 5,047
comments and recommendations concerning what would be the 5,048
county's obligations and responsibilities under the agreement or 5,049
amendment. As evidence that the board consulted with the county 5,050
human FAMILY services planning committee, the committee's chair 5,052
shall sign a letter confirming that the consultation occurred, 5,053
which shall be attached to the partnership agreement and any 5,054
substantial amendments to the agreement.
Sec. 329.01. In each county there shall be a county 5,063
department of human JOB AND FAMILY services which, when so 5,064
established, shall be governed by this chapter. The department 5,067
shall consist of a county director of human JOB AND FAMILY 5,068
services appointed by the board of county commissioners, and such 5,069
assistants and other employees as are necessary for the efficient 5,071
performance of the human services FUNCTIONS of the county 5,072
DEPARTMENT. Before entering upon the discharge of the director's 5,074
official duties, the director shall give a bond, conditioned for 5,075
118
the faithful performance of those official duties, in such sum as 5,077
fixed by the board. The director may require any assistant or 5,078
employee under the director's jurisdiction to give a bond in such 5,079
sum as determined by the board. All bonds given under this 5,081
section shall be with a surety or bonding company authorized to 5,082
do business in this state, conditioned for the faithful 5,083
performance of the duties of such director, assistant, or 5,084
employee. The expense or premium for any bond required by this 5,085
section shall be paid from the appropriation for administrative 5,086
expenses of the department. Such bond shall be deposited with the 5,087
county treasurer and kept in the treasurer's office. 5,088
As used in the Revised Code: 5,090
(A) "County department of human JOB AND FAMILY services" 5,093
means the county department of human JOB AND FAMILY services 5,095
established under this section, including an entity designated a 5,096
county department of human JOB AND FAMILY services under section 5,097
307.981 of the Revised Code. 5,098
(B) "County director of human JOB AND FAMILY services" 5,100
means the county director of human JOB AND FAMILY services 5,101
appointed under this section. 5,103
Sec. 329.02. Under the control and direction of the board 5,112
of county commissioners, the county director of human JOB AND 5,113
FAMILY services shall have full charge of the county department 5,115
of human JOB AND FAMILY services. The director shall prepare the 5,117
annual budget estimate of the department and submit it to the 5,119
board of county commissioners. Before submitting the budget 5,120
estimate to the board of county commissioners, the director shall 5,121
consider the recommendations of the county human FAMILY services 5,122
planning committee relative to such estimate. The director, with 5,124
the approval of the board of county commissioners, shall appoint 5,125
all necessary assistants and superintendents of institutions 5,126
under the jurisdiction of the department, and all other employees 5,127
of the department, excepting that the superintendent of each such 5,128
institution shall appoint all employees therein and only the 5,129
119
board of county commissioners may appoint administrators under 5,130
section 329.021 of the Revised Code. Except for administrators 5,131
appointed under section 329.021 of the Revised Code, the 5,132
assistants and other employees of the department shall be in the 5,133
classified civil service, and may not be placed in or removed to 5,134
the unclassified service. If no eligible list is available, 5,135
provisional appointment shall be made until such eligible list is 5,136
available.
Each director appointed on or after the effective date of 5,138
this amendment shall be in the unclassified civil service and 5,139
serve at the pleasure of the board of county commissioners. If a 5,140
person holding a classified position in the department is 5,141
appointed as director on or after the effective date of this 5,142
amendment and is later removed by the board, except for a reason 5,143
listed in section 124.34 of the Revised Code, the person so 5,144
removed has the right to resume the position the person held in 5,146
the classified service immediately prior to being appointed as 5,147
director, or if that position no longer exists or has become an 5,148
unclassified position, the person shall be appointed to a
position in the classified service that the board, with the 5,149
approval of the director of administrative services, determines 5,150
is equivalent to the position the person held immediately prior 5,151
to being appointed as director. 5,152
The board of county commissioners, except as provided in 5,154
this chapter, may provide by resolution for the coordination of 5,157
the operations of the department and those of any county 5,158
institution whose board or managing officer is appointed by the 5,159
board of county commissioners. 5,160
The board of county commissioners may enter into a written 5,162
contract with a county director of human JOB AND FAMILY services 5,163
specifying terms and conditions of the director's employment. 5,165
The period of the contract shall not exceed three years. In 5,166
addition to any review specified in such a contract, the contract
shall be subject to review and renegotiation for a period of 5,167
120
thirty days, from the sixtieth to the ninetieth days after the 5,168
beginning of the term of any newly elected commissioner. Such a 5,169
contract shall in no way abridge the right of the board to 5,170
terminate the employment of the director as an unclassified
employee at will, but may specify terms and conditions of any 5,171
such termination. 5,172
Sec. 329.021. The board of county commissioners serving a 5,181
county with a population of more than one million people may, in 5,182
addition to the county director of human JOB AND FAMILY services, 5,183
appoint not more than five administrators to oversee services 5,185
provided by the county department of human JOB AND FAMILY 5,186
services. The administrators shall be in the unclassified civil 5,187
service and serve at the pleasure of the board of county 5,188
commissioners.
Sec. 329.022. Within the appropriation for personal 5,197
services, each county department of human JOB AND FAMILY services 5,199
may employ the necessary employees who, except for the county 5,200
director of human JOB AND FAMILY services as provided in section 5,201
329.02 of the Revised Code, shall be in the classified service. 5,204
Compensation for positions in each service, group, or grade 5,205
established by the director of administrative services shall not 5,207
be less than the minimum nor more than the maximum rates
established by the director for such positions. The department 5,208
of human JOB AND FAMILY services shall cooperate with the 5,210
director in establishing the qualifications of persons to be 5,211
employed and the classification and rates of compensation of
county department employees. 5,212
Sec. 329.023. Each county department of human JOB AND 5,221
FAMILY services shall have hours of operation outside the county 5,223
department's normal hours of operation during which the county 5,224
department will accept from employed individuals applications for 5,225
the programs administered by the county department and assist
employed program recipients and participants with matters related 5,226
to the programs.
121
Sec. 329.03. (A) As used in this section: 5,235
(1) "Applicant" or "recipient" means an applicant for or 5,237
participant in the Ohio works first program established under 5,239
Chapter 5107. of the Revised Code or an applicant for or 5,241
recipient of disability assistance under Chapter 5115. of the 5,242
Revised Code.
(2) "Voluntary direct deposit" means a system established 5,244
pursuant to this section under which cash assistance payments to 5,245
recipients who agree to direct deposit are made by direct deposit 5,246
by electronic transfer to an account in a financial institution 5,247
designated under this section. 5,248
(3) "Mandatory direct deposit" means a system established 5,250
pursuant to this section under which cash assistance payments to 5,251
all participants in the Ohio works first program or recipients of 5,253
disability assistance, other than those exempt under division (E) 5,255
of this section, are made by direct deposit by electronic 5,256
transfer to an account in a financial institution designated 5,257
under this section.
(B) A board of county commissioners may by adoption of a 5,259
resolution require the county department of human JOB AND FAMILY 5,260
services to establish a direct deposit system for distributing 5,262
cash assistance payments under Ohio works first, disability 5,264
assistance, or both, unless the director of human JOB AND FAMILY 5,265
services has provided for those payments to be made by electronic 5,267
benefit transfer pursuant to section 5101.33 of the Revised Code. 5,268
Voluntary or mandatory direct deposit may be applied to either of 5,269
the programs. The resolution shall specify for each program for 5,271
which direct deposit is to be established whether direct deposit 5,272
is voluntary or mandatory. The board may require the department 5,273
to change or terminate direct deposit by adopting a resolution to 5,274
change or terminate it. Within ninety days after adopting a 5,275
resolution under this division, the board shall certify one copy 5,276
of the resolution to the state director of human JOB AND FAMILY 5,277
services and one copy to the office of budget and management. 5,279
122
The state department DIRECTOR of human JOB AND FAMILY services 5,281
may adopt rules governing establishment of direct deposit by 5,283
county departments of human JOB AND FAMILY services.
The county department of human JOB AND FAMILY services 5,285
shall determine what type of account will be used for direct 5,287
deposit and negotiate with financial institutions to determine 5,288
the charges, if any, to be imposed by a financial institution for 5,289
establishing and maintaining such accounts. Under voluntary 5,290
direct deposit, the county department of human JOB AND FAMILY 5,291
services may pay all charges imposed by a financial institution 5,293
for establishing and maintaining an account in which direct 5,294
deposits are made for a recipient. Under mandatory direct 5,295
deposit, the county department of human JOB AND FAMILY services 5,296
shall pay all charges imposed by a financial institution for 5,298
establishing and maintaining such an account. No financial 5,299
institution shall impose any charge for such an account that the 5,300
institution does not impose on its other customers for the same 5,301
type of account. Direct deposit does not affect the exemption of 5,302
Ohio works first and disability assistance from attachment, 5,303
garnishment, or other like process afforded by sections 5107.75 5,304
and 5115.07 of the Revised Code. 5,305
(C) The county department of human JOB AND FAMILY services 5,307
shall, within sixty days after a resolution requiring the 5,309
establishment of direct deposit is adopted, establish procedures 5,310
governing direct deposit. 5,311
Within one hundred eighty days after the resolution is 5,313
adopted, the county department shall: 5,314
(1) Inform each applicant or recipient of the procedures 5,316
governing direct deposit, including in the case of voluntary 5,317
direct deposit those that prescribe the conditions under which a 5,318
recipient may change from one method of payment to another; 5,319
(2) Obtain from each applicant or recipient an 5,321
authorization form to designate a financial institution equipped 5,324
for and authorized by law to accept direct deposits by electronic 5,325
123
transfer and the account into which the applicant or recipient 5,326
wishes the payments to be made, or in the case of voluntary 5,327
direct deposit states the applicant's or recipient's election to 5,328
receive such payments in the form of a paper warrant. 5,330
The department may require a recipient to complete a new 5,332
authorization form whenever the department considers it 5,333
necessary. 5,334
A recipient's designation of a financial institution and 5,336
account shall remain in effect until withdrawn in writing or 5,337
dishonored by the financial institution, except that no change 5,338
may be made in the authorization form until the next eligibility 5,339
redetermination of the recipient unless the department feels that 5,340
good grounds exist for an earlier change. 5,341
(D) An applicant or recipient without an account who 5,343
either agrees or is required to receive payments by direct 5,344
deposit shall have ten days after receiving the authorization 5,345
form to designate an account suitable for direct deposit. If 5,346
within the required time the applicant or recipient does not make 5,347
the designation or requests that the department make the 5,349
designation, the department shall designate a financial 5,351
institution and help the recipient to open an account. 5,352
(E) At the time of giving an applicant or recipient the 5,354
authorization form, the county department of human JOB AND FAMILY 5,356
services of a county with mandatory direct deposit shall inform 5,358
each applicant or recipient of the basis for exemption and the 5,359
right to request exemption from direct deposit. 5,360
Under mandatory direct deposit, an applicant or recipient 5,362
who wishes to receive payments in the form of a paper warrant 5,363
shall record on the authorization form a request for exemption 5,364
under this division and the basis for the exemption. 5,365
The department shall exempt from mandatory direct deposit 5,367
any recipient who requests exemption and is any of the following: 5,368
(1) Over age sixty-five; 5,370
(2) Blind or disabled; 5,372
124
(3) Likely, in the judgment of the department, to be 5,374
caused personal hardship by direct deposit. 5,375
A recipient granted an exemption under this division shall 5,377
receive payments for which the recipient is eligible in the form 5,378
of paper warrants. 5,379
(F) The county department of human JOB AND FAMILY services 5,381
shall bear the full cost of the amount of any replacement warrant 5,383
issued to a recipient for whom an authorization form as provided 5,384
in this section has not been obtained within one hundred eighty 5,385
days after the later of the date the board of county 5,386
commissioners adopts a resolution requiring payments of financial 5,387
assistance by direct deposit to accounts of recipients of Ohio 5,389
works first or disability assistance or the date the recipient 5,390
made application for assistance, and shall not be reimbursed by 5,391
the state for any part of the cost. Thereafter, the county 5,392
department of human JOB AND FAMILY services shall continue to 5,394
bear the full cost of each replacement warrant issued until the 5,395
board of county commissioners requires the county department of 5,396
human JOB AND FAMILY services to obtain from each such recipient 5,398
the authorization forms as provided in this section.
Sec. 329.041. In each county in which there is a county 5,407
transit board established by section 306.01 of the Revised Code, 5,408
a county transit system operated under that section, or a 5,409
regional transit authority created under section 306.32 of the 5,410
Revised Code, the county department of human JOB AND FAMILY 5,411
services shall meet not less than once each calendar quarter with 5,413
transit representatives of the board, system, or authority. The 5,414
department and transit representatives shall discuss the 5,415
transportation needs of the county's Ohio works first 5,416
participants, review existing efforts and develop new options to 5,417
meet those needs, and measure the accomplishments of those 5,418
efforts.
Sec. 329.042. The county department of human JOB AND 5,427
FAMILY services shall certify public assistance and nonpublic 5,429
125
assistance households eligible under the "Food Stamp Act of 5,430
1964," 78 Stat. 703, 7 U.S.C.A. 2011, as amended, and federal and 5,431
state regulations adopted pursuant to such act, to enable 5,432
low-income households to participate in the food stamp program 5,433
and thereby to purchase foods having a greater monetary value 5,434
than is possible under public assistance standard allowances or 5,435
other low-income budgets. 5,436
The county department of human JOB AND FAMILY services 5,438
shall administer the distribution of food stamp coupons under the 5,440
supervision of the department of human JOB AND FAMILY services. 5,441
Such coupons shall be distributed by mail in accordance with 5,443
sections 5101.541, 5101.542, and 5101.543 of the Revised Code, or 5,444
by some alternative method approved by the department of human 5,445
JOB AND FAMILY services in accordance with the "Food Stamp Act of 5,447
1964," 78 Stat. 703, 7 U.S.C.A. 2011, as amended, and regulations 5,448
issued thereunder.
The document referred to as the 5,450
"authorization-to-participate card," which shows the face value 5,451
of the coupon allotment an eligible household is entitled to 5,452
receive on presentment of the document, shall be issued, 5,453
immediately upon certification, to a household determined under 5,454
division (C) of section 5101.54 of the Revised Code to be in 5,455
immediate need of food assistance by being personally handed by a 5,456
member of the staff of the county department of human JOB AND 5,457
FAMILY services to the member of the household in whose name 5,459
application was made for participation in the program or his THE 5,460
authorized representative OF SUCH MEMBER OF THE HOUSEHOLD. 5,461
Sec. 329.051. The county department of human JOB AND 5,470
FAMILY services shall make voter registration applications as 5,472
prescribed by the secretary of state under section 3503.10 of the 5,473
Revised Code available to persons who are applying for, receiving 5,474
assistance from, or participating in any of the following: 5,475
(A) The disability assistance program established under 5,478
Chapter 5115. of the Revised Code;
126
(B) The medical assistance program established under 5,480
Chapter 5111. of the Revised Code; 5,481
(C) The Ohio works first program established under Chapter 5,483
5107. of the Revised Code; 5,484
(D) The prevention, retention, and contingency program 5,486
established under Chapter 5108. of the Revised Code. 5,487
Sec. 329.07. As used in this section, "Ohio works first" 5,496
and "Title IV-A" have the same meanings as in section 5107.02 of 5,498
the Revised Code.
Each county department of human JOB AND FAMILY services 5,500
shall have at least one Ohio works first ombudsperson. A county 5,502
department may provide for an Ohio works first participant who 5,503
resides in the county the county department serves and is 5,504
qualified to perform the duties of an ombudsperson to be an 5,505
ombudsperson. If no Ohio works first participant residing in the 5,506
county the county department serves is qualified to perform the 5,507
duties of an ombudsperson, the county department shall provide
for one or more employees of the county department to be 5,508
ombudspersons or contract with a person or government entity for 5,510
the person or entity to perform the duties of an ombudsperson for 5,511
the county department. To the extent permitted by federal law, 5,512
the county department may use funds available under Title IV-A to 5,513
provide for county department employees or a person or government 5,514
entity under contract with the county department to perform the 5,515
duties of an ombudsperson.
An Ohio works first ombudsperson shall help Ohio works 5,517
first applicants and participants resolve complaints the 5,518
applicants and participants have about the administration of Ohio 5,519
works first and help participants contact caseworkers for the 5,520
purpose of scheduling meetings under section 5107.161 of the 5,521
Revised Code.
Sec. 329.10. All the property, records, files, and other 5,530
documents and papers used in and necessary for the performance of 5,531
the functions belonging to or in the possession of any board, 5,532
127
agency, or department, the powers and duties of which are 5,533
transferred to the county department of human JOB AND FAMILY 5,534
services, and the proceeds of all tax levies in process of 5,536
collection for the use of such boards, agencies, or departments 5,537
shall be transferred to the county department of human JOB AND 5,538
FAMILY services, when established. At the time the exercise of 5,540
any powers and duties of any other board, agency, or department 5,541
are transferred to the county department of human JOB AND FAMILY 5,542
services, or to any other board, agency, or department, all the 5,544
property, records, files, and other documents and papers, the 5,545
unexpended balances of all current appropriations, and the 5,546
unappropriated proceeds of all tax levies then in process of 5,547
collection for the use of such board, agency, or department shall 5,548
be deemed transferred to the board, agency, or department to 5,549
which such duties have been transferred.
Sec. 329.12. (A) A county department of human JOB AND 5,559
FAMILY services may establish an individual development account 5,561
program for residents of the county. The program shall provide 5,562
for establishment of accounts for participants and acceptance of
contributions from individuals and entities, including the county 5,564
department, to be used as matching funds for deposit in the
accounts. 5,565
(B) A county department shall select a fiduciary 5,568
organization to administer its individual development account 5,569
program. In selecting a fiduciary organization, the department 5,570
shall consider all of the following regarding the organization: 5,571
(1) Its ability to market the program to potential 5,573
participants and matching fund contributors; 5,574
(2) Its ability to invest money in the accounts in a way 5,577
that provides for return with minimal risk of loss;
(3) Its overall administrative capacity, including the 5,579
ability to verify eligibility of individuals for participation in 5,580
the program, prevent unauthorized use of matching contributions, 5,582
and enforce any penalties for unauthorized uses that may be 5,583
128
provided for by rule adopted by the state department DIRECTOR of 5,584
human JOB AND FAMILY services under section 5101.971 of the 5,585
Revised Code; 5,586
(4) Its ability to provide financial counseling to 5,589
participants;
(5) Its affiliation with other activities designed to 5,591
increase the independence of individuals and families through 5,592
postsecondary education, home ownership, and business 5,593
development; 5,594
(6) Any other factor the county department considers 5,596
appropriate.
(C) At the time it commences the program and on the first 5,599
day of each subsequent program year, the county department may 5,600
make a grant to the fiduciary organization to pay all or part of 5,601
the administrative costs of the program.
(D) The county department shall require the fiduciary 5,604
organization to collect and maintain information regarding the 5,605
program, including all of the following: 5,606
(1) The number of accounts established; 5,608
(2) The amount deposited by each participant and the 5,611
amount matched by contributions;
(3) The uses of funds withdrawn from the account, 5,613
including the number of participants who used funds for 5,614
postsecondary educational expenses and the institutions attended, 5,616
the number of personal residences purchased, and the number of 5,617
participants who used funds for business capitalization; 5,618
(4) The demographics of program participants; 5,620
(5) The number of participants who withdrew from the 5,622
program and the reasons for withdrawal. 5,623
(E) The county department shall prepare and file with the 5,626
state department of human JOB AND FAMILY services a semi-annual 5,628
SEMIANNUAL report containing the information the state department 5,629
DIRECTOR OF JOB AND FAMILY SERVICES requires by rule adopted 5,630
under section 5101.971 of the Revised Code, with the first report 5,632
129
being filed at the end of the six-month period following October 5,633
1, 1997.
Sec. 329.14. (A) An individual whose household income 5,643
does not exceed one hundred fifty per cent of the federal poverty 5,644
line is eligible to participate in an individual development 5,645
account program established by the county department of human JOB 5,646
AND FAMILY services of the county in which the individual 5,647
resides. An eligible individual seeking to be a participant in 5,649
the program shall enter into an agreement with the fiduciary 5,650
organization administering the program. The agreement shall 5,651
specify the terms and conditions of uses of funds deposited, 5,652
financial documentation required to be maintained by the 5,653
participant, expectations and responsibilities of the 5,654
participant, and services to be provided by the fiduciary 5,655
organization.
(B) A participant may deposit earned income, as defined in 5,658
26 U.S.C. 911(d)(2), as amended, into the account. The fiduciary 5,659
organization may deposit into the account an amount not exceeding 5,661
twice the amount deposited by the participant except that a 5,662
fiduciary organization may not, pursuant to an agreement with an 5,663
employer, deposit an amount into an account held by a participant 5,664
who is employed by the employer. An account may have no more 5,665
than ten thousand dollars in it at any time. 5,666
(C) Notwithstanding eligibility requirements established 5,668
in or pursuant to Chapter 5107., 5108., or 5111. of the Revised 5,669
Code, to the extent permitted by federal statutes and 5,671
regulations, money in an individual development account, 5,672
including interest, is exempt from consideration in determining 5,673
whether the participant or a member of the participant's 5,674
assistance group is eligible for assistance under Chapter 5107., 5,675
5108., or 5111. of the Revised Code and the amount of assistance 5,677
the participant or assistance group is eligible to receive. 5,678
(D)(1) Except as provided in division (D)(2) of this 5,681
section, an individual development account program participant 5,682
130
may use money in the account only for the following purposes: 5,684
(a) Postsecondary educational expenses paid directly from 5,687
the account to an eligible education institution or vendor; 5,688
(b) Qualified acquisition expenses of a principal 5,691
residence, as defined in 26 U.S.C. 1034, as amended, paid 5,692
directly from the account to the person or government entity to 5,693
which the expenses are due; 5,694
(c) Qualified business capitalization expenses made in 5,696
accordance with a qualified business plan that has been approved 5,697
by a financial institution or by a nonprofit microenterprise 5,698
program having demonstrated business expertise and paid directly 5,700
from the account to the person to whom the expenses are due. 5,702
(2) A fiduciary organization shall permit a participant to 5,705
withdraw money deposited by the participant if it is needed to 5,706
deal with a personal emergency of the participant or a member of 5,707
the participant's family or household. Withdrawal shall result 5,708
in the loss of any matching funds in an amount equal to the 5,709
amount of the withdrawal. 5,710
(3) Regardless of the reason for the withdrawal, a 5,712
withdrawal from an individual development account may be made 5,714
only with the approval of the fiduciary organization. 5,715
Sec. 331.02. A certificate of appointment to the county 5,724
facilities review board shall be issued to the persons appointed 5,725
under section 331.01 of the Revised Code, and a copy, giving full 5,726
names and addresses, shall be sent to the central office of the 5,727
department of human JOB AND FAMILY services. No person shall be 5,729
qualified to serve on the board who is in any manner officially 5,730
connected with any charitable or correctional institution within 5,731
the county supported wholly or partly at public expense. 5,732
Sec. 331.06. (A) Each year the county facilities review 5,741
board shall prepare a full report of its proceedings during the 5,742
year, with such recommendations as it considers advisable, file 5,743
such report with the probate judge and the prosecuting attorney 5,744
between the fifteenth day of November and the fifteenth day of 5,745
131
December, forward a copy thereof to the central office of the 5,746
department of human JOB AND FAMILY services, and send a copy of 5,748
that part of the report concerning correctional institutions to 5,749
the department of rehabilitation and correction. 5,750
(B) The probate judge may, in that judge's discretion, 5,752
order the publication of a summary of the annual report in a 5,754
newspaper of general circulation within the county. The cost of 5,755
such publication shall be paid by the county. 5,756
Sec. 742.41. (A) As used in this section: 5,765
(1) "Other system retirant" has the same meaning as in 5,767
section 742.26 of the Revised Code. 5,768
(2) "Personal history record" includes a member's, former 5,770
member's, or other system retirant's name, address, telephone 5,772
number, social security number, record of contributions, 5,773
correspondence with the Ohio police and fire pension fund, status 5,775
of any application for benefits, and any other information deemed 5,776
confidential by the trustees of the fund. 5,777
(B) The treasurer of state shall furnish annually to the 5,779
board of trustees of the fund a sworn statement of the amount of 5,780
the funds in the treasurer of state's custody belong BELONGING to 5,782
the Ohio police and fire pension fund. The records of the board 5,785
shall be open for public inspection except for the following, 5,786
which shall be excluded, except with the written authorization of 5,787
the individual concerned: 5,788
(1) The individual's personal history record; 5,790
(2) Any information identifying, by name and address, the 5,792
amount of a monthly allowance or benefit paid to the individual. 5,793
(C) All medical reports and recommendations required are 5,795
privileged, except that copies of such medical reports or 5,796
recommendations shall be made available to the personal 5,797
physician, attorney, or authorized agent of the individual 5,798
concerned upon written release received from the individual or 5,800
the individual's agent or, when necessary for the proper 5,801
administration of the fund, to the board-assigned physician. 5,802
132
(D) Any person who is a member of the fund or an other 5,804
system retirant shall be furnished with a statement of the amount 5,805
to the credit of the person's individual account upon the 5,807
person's written request. The board need not answer more than 5,808
one such request of a person in any one year. 5,809
(E) Notwithstanding the exceptions to public inspection in 5,811
division (B) of this section, the board may furnish the following 5,812
information: 5,813
(1) If a member, former member, or other system retirant 5,815
is subject to an order issued under section 2907.15 of the 5,816
Revised Code or is convicted of or pleads guilty to a violation 5,817
of section 2921.41 of the Revised Code, on written request of a 5,818
prosecutor as defined in section 2935.01 of the Revised Code, the 5,819
board shall furnish to the prosecutor the information requested 5,820
from the individual's personal history record. 5,821
(2) Pursuant to a court order issued under section 3113.21 5,823
of the Revised Code, the board shall furnish to a court or child 5,824
support enforcement agency the information required under that 5,825
section. 5,826
(3) At the request of any organization or association of 5,828
members of the fund, the board of trustees of the fund shall 5,829
provide a list of the names and addresses of members of the fund 5,830
and other system retirants. The board shall comply with the 5,831
request of such organization or association at least once a year 5,832
and may impose a reasonable charge for the list. 5,833
(4) Within fourteen days after receiving from the director 5,835
of human JOB AND FAMILY services a list of the names and social 5,836
security numbers of recipients of public assistance pursuant to 5,838
section 5101.181 of the Revised Code, the board shall inform the 5,839
auditor of state of the name, current or most recent employer 5,840
address, and social security number of each member or other 5,841
system retirant whose name and social security number are the 5,842
same as that of a person whose name or social security number was 5,843
submitted by the director. The board and its employees shall, 5,844
133
except for purposes of furnishing the auditor of state with 5,845
information required by this section, preserve the 5,846
confidentiality of recipients of public assistance in compliance 5,847
with division (A) of section 5101.181 of the Revised Code. 5,848
(F) A statement that contains information obtained from 5,850
the board's records that is signed by the secretary of the board 5,851
of trustees of the Ohio police and fire pension fund and to which 5,853
the board's official seal is affixed, or copies of the board's 5,854
records to which the signature and seal are attached, shall be 5,855
received as true copies of the board's records in any court or 5,856
before any officer of this state.
Sec. 1347.08. (A) Every state or local agency that 5,865
maintains a personal information system, upon the request and the 5,866
proper identification of any person who is the subject of 5,867
personal information in the system, shall: 5,868
(1) Inform the person of the existence of any personal 5,870
information in the system of which the person is the subject; 5,871
(2) Except as provided in divisions (C) and (E)(2) of this 5,873
section, permit the person, the person's legal guardian, or an 5,875
attorney who presents a signed written authorization made by the 5,876
person, to inspect all personal information in the system of 5,877
which the person is the subject; 5,878
(3) Inform the person about the types of uses made of the 5,880
personal information, including the identity of any users usually 5,881
granted access to the system. 5,882
(B) Any person who wishes to exercise a right provided by 5,884
this section may be accompanied by another individual of the 5,886
person's choice.
(C)(1) A state or local agency, upon request, shall 5,888
disclose medical, psychiatric, or psychological information to a 5,889
person who is the subject of the information or to the person's 5,891
legal guardian, unless a physician, psychiatrist, or psychologist
determines for the agency that the disclosure of the information 5,892
is likely to have an adverse effect on the person, in which case 5,893
134
the information shall be released to a physician, psychiatrist, 5,894
or psychologist who is designated by the person or by the 5,895
person's legal guardian. 5,896
(2) Upon the signed written request of either a licensed 5,898
attorney at law or a licensed physician designated by the inmate, 5,899
together with the signed written request of an inmate of a 5,900
correctional institution under the administration of the 5,901
department of rehabilitation and correction, the department shall 5,902
disclose medical information to the designated attorney or 5,903
physician as provided in division (C) of section 5120.21 of the 5,904
Revised Code. 5,905
(D) If an individual who is authorized to inspect personal 5,907
information that is maintained in a personal information system 5,908
requests the state or local agency that maintains the system to 5,909
provide a copy of any personal information that the individual is 5,911
authorized to inspect, the agency shall provide a copy of the 5,912
personal information to the individual. Each state and local 5,913
agency may establish reasonable fees for the service of copying, 5,914
upon request, personal information that is maintained by the 5,915
agency.
(E)(1) This section regulates access to personal 5,917
information that is maintained in a personal information system 5,918
by persons who are the subject of the information, but does not 5,919
limit the authority of any person, including a person who is the 5,920
subject of personal information maintained in a personal 5,921
information system, to inspect or have copied, pursuant to 5,922
section 149.43 of the Revised Code, a public record as defined in 5,923
that section. 5,924
(2) This section does not provide a person who is the 5,926
subject of personal information maintained in a personal 5,927
information system, the person's legal guardian, or an attorney 5,929
authorized by the person, with a right to inspect or have copied, 5,930
or require an agency that maintains a personal information system 5,931
to permit the inspection of or to copy, a confidential law 5,932
135
enforcement investigatory record or trial preparation record, as 5,933
defined in divisions (A)(2) and (4) of section 149.43 of the 5,934
Revised Code.
(F) This section does not apply to any of the following: 5,936
(1) The contents of an adoption file maintained by the 5,938
department of health under section 3705.12 of the Revised Code; 5,939
(2) Information contained in the putative father registry 5,941
established by section 3107.062 of the Revise REVISED Code, 5,942
regardless of whether the information is held by the department 5,944
of human JOB AND FAMILY services or, pursuant to section 5101.313 5,946
of the Revised Code, the division of child support in the 5,948
department or a child support enforcement agency;
(3) Papers, records, and books that pertain to an adoption 5,950
and that are subject to inspection in accordance with section 5,951
3107.17 of the Revised Code; 5,952
(4) Records listed in division (A) of section 3107.42 of 5,954
the Revised Code or specified in division (A) of section 3107.52 5,955
of the Revised Code; 5,956
(5) Records that identify an individual described in 5,958
division (A)(1) of section 3721.031 of the Revised Code, or that 5,959
would tend to identify such an individual; 5,960
(6) Files and records that have been expunged under 5,962
division (D)(1) of section 3721.23 of the Revised Code; 5,963
(7) Records that identify an individual described in 5,965
division (A)(1) of section 3721.25 of the Revised Code, or that 5,966
would tend to identify such an individual; 5,967
(8) Records that identify an individual described in 5,969
division (A)(1) of section 5111.61 of the Revised Code, or that 5,970
would tend to identify such an individual. 5,971
Sec. 1553.10. (A) There is hereby created in the division 5,980
of civilian conservation the civilian conservation advisory 5,981
committee, which shall consist of nine members. The committee 5,983
shall advise the chief of the division of civilian conservation 5,984
in the implementation and operation of conservation programs 5,985
136
established under this chapter. The committee shall be composed 5,986
of three members appointed by the governor, two of whom shall 5,988
represent labor and one of whom shall represent vocational 5,989
education; one member of the senate appointed by the president; 5,990
one member of the house of representatives appointed by the 5,991
speaker; three members-at-large appointed by the director of 5,992
natural resources to represent the interests of all persons in 5,993
this state; and one member from WHO IS AN EMPLOYEE OF the bureau 5,994
DEPARTMENT of employment JOB AND FAMILY services to be designated 5,996
by the administrator DIRECTOR of the bureau JOB AND FAMILY 5,998
SERVICES. Terms of office shall commence on the first day of 5,999
January and end on the last day of December. Of the initial terms 6,000
of office, four terms shall end on December 31, 1990, and three 6,001
terms shall end on December 31, 1991, to be determined by lot. 6,002
Thereafter, terms of office shall be for four years. Each member 6,003
shall hold office from the date of the member's appointment until 6,005
the end of the term for which the member was appointed. Any 6,007
member appointed to fill a vacancy occurring prior to the
expiration of the term for which the member's predecessor was 6,009
appointed shall hold office for the remainder of the term. Each 6,010
member shall continue in office subsequent to the expiration date 6,011
of the member's term until the member's successor takes office or 6,013
until a period of sixty days has elapsed, whichever occurs first. 6,015
The committee shall select from among its members a chairperson 6,017
and a vice-chairperson, who shall each serve for a period of one 6,018
year or until the term of the chairperson or vice-chairperson 6,020
expires, whichever occurs first. Members of the committee shall 6,021
receive no compensation, but shall be reimbursed for their actual 6,023
and necessary expenses incurred in attending meetings of the 6,024
committee. The committee shall meet at least once each quarter 6,026
of each calendar year and shall keep a record of its proceedings 6,027
that shall be available to the public for inspection. 6,028
The chief shall act as executive director of the committee. 6,031
The division shall furnish technical, legal, and other services 6,033
137
required by the committee in the performance of its duties. 6,034
(B) For the purpose of assisting in the effective 6,036
implementation and operation of civilian conservation programs 6,037
established under this chapter, the committee shall do all of the 6,038
following: 6,039
(1) Recommend to the chief broad policies for the division 6,041
and a long-range plan to implement the policies; 6,042
(2) Evaluate the division's needs to meet its policy 6,044
objectives, including planning, programming, and financing; 6,045
(3) Recommend to the chief ways of cooperating with other 6,047
conservation programs administered by private and public 6,048
agencies. 6,049
Sec. 1701.86. (A) A corporation may be dissolved 6,058
voluntarily in the manner provided in this section, provided the 6,059
provisions of Chapter 1704. of the Revised Code do not prevent 6,060
the dissolution from being effected. 6,061
(B) A resolution of dissolution for a corporation shall 6,063
set forth: 6,064
(1) That the corporation elects to be dissolved; 6,066
(2) Any additional provision considered necessary with 6,068
respect to the proposed dissolution and winding up. 6,069
(C) If an initial stated capital is not set forth in the 6,071
articles then before the corporation begins business, or if an 6,072
initial stated capital is set forth in the articles then before 6,073
subscriptions to shares shall have been received in the amount of 6,074
that initial stated capital, the incorporators or a majority of 6,075
them may adopt, by a writing signed by them, a resolution of 6,076
dissolution. 6,077
(D) The directors may adopt a resolution of dissolution in 6,079
the following cases: 6,080
(1) When the corporation has been adjudged bankrupt or has 6,082
made a general assignment for the benefit of creditors; 6,083
(2) By leave of the court, when a receiver has been 6,085
appointed in a general creditors' suit or in any suit in which 6,086
138
the affairs of the corporation are to be wound up; 6,087
(3) When substantially all of the assets have been sold at 6,089
judicial sale or otherwise; 6,090
(4) When the articles have been canceled for failure to 6,092
file annual franchise or excise tax returns or for failure to pay 6,093
franchise or excise taxes and the corporation has not been 6,094
reinstated or does not desire to be reinstated; 6,095
(5) When the period of existence of the corporation 6,097
specified in its articles has expired. 6,098
(E) The shareholders at a meeting held for such purpose 6,100
may adopt a resolution of dissolution by the affirmative vote of 6,101
the holders of shares entitling them to exercise two-thirds of 6,102
the voting power of the corporation on such proposal or, if the 6,103
articles provide or permit, by the affirmative vote of a greater 6,104
or lesser proportion, though less than a majority, of such voting 6,105
power, and by such affirmative vote of the holders of shares of 6,106
any particular class as is required by the articles. Notice of 6,107
the meeting of the shareholders shall be given to all the 6,108
shareholders whether or not entitled to vote at it. 6,109
(F) Upon the adoption of a resolution of dissolution, a 6,111
certificate shall be prepared, on a form prescribed by the 6,112
secretary of state, setting forth the following: 6,113
(1) The name of the corporation; 6,115
(2) A statement that a resolution of dissolution has been 6,117
adopted; 6,118
(3) A statement of the manner of adoption of such 6,120
resolution, and, in the case of its adoption by the incorporators 6,121
or directors, a statement of the basis for such adoption; 6,122
(4) The place in this state where its principal office is 6,124
or is to be located; 6,125
(5) The names and addresses of its directors and officers, 6,127
unless the resolution of dissolution is adopted by the 6,128
incorporators, in which event the names and addresses of the 6,129
incorporators shall be set forth in the certificate; 6,130
139
(6) The name and address of its statutory agent. 6,132
(G) Such certificate shall be signed as follows: 6,134
(1) When the resolution of dissolution is adopted by the 6,136
incorporators or a majority of them, the certificate shall be 6,137
signed by not less than a majority of them; 6,138
(2) When the resolution is adopted by the directors or by 6,140
the shareholders, the certificate shall be signed by any 6,141
authorized officer, unless the officer fails to execute and file 6,143
such certificate within thirty days after the adoption of the 6,145
resolution or upon any date specified in the resolution as the 6,146
date upon which such certificate is to be filed or upon the 6,147
expiration of any period specified in the resolution as the 6,148
period within which such certificate is to be filed, whichever is 6,149
latest, in which event the certificate of dissolution may be 6,150
signed by any three shareholders and shall set forth a statement 6,151
that the persons signing the certificate are shareholders and are 6,152
filing the certificate because of the failure of the officers to 6,153
do so.
(H) A certificate of dissolution, filed with the secretary 6,155
of state, shall be accompanied by: 6,156
(1) An affidavit of one or more of the persons executing 6,158
the certificate of dissolution or of an officer of the 6,159
corporation containing a statement of the counties, if any, in 6,160
this state in which the corporation has personal property or a 6,161
statement that the corporation is of a type required to pay 6,162
personal property taxes to state authorities only; 6,163
(2) A receipt, certificate, or other evidence showing the 6,165
payment of all franchise, sales, use, and highway use taxes 6,166
accruing up to the date of such filing, or that such payment has 6,167
been adequately guaranteed; 6,168
(3) A receipt, certificate, or other evidence showing the 6,170
payment of all personal property taxes accruing up to the date of 6,171
such filing; 6,172
(4) A receipt, certificate, or other evidence from the 6,174
140
bureau DIRECTOR of employment JOB AND FAMILY services showing 6,176
that all contributions due from the corporation as an employer 6,177
have been paid, or that such payment has been adequately 6,178
guaranteed, or that the corporation is not subject to such 6,179
contributions;
(5) A receipt, certificate, or other evidence from the 6,181
bureau of workers' compensation showing that all premiums due 6,182
from the corporation as an employer have been paid, or that such 6,183
payment has been adequately guaranteed, or that the corporation 6,184
is not subject to such premium payments; 6,185
(6) In lieu of the receipt, certificate, or other evidence 6,187
described in division (H)(2), (3), (4), or (5) of this section, 6,188
an affidavit of one or more persons executing the certificate of 6,189
dissolution or of an officer of the corporation containing a 6,190
statement of the date upon which the particular department, 6,191
agency, or authority was advised in writing of the scheduled date 6,192
of filing of the certificate of dissolution and was advised in 6,193
writing of the acknowledgment by the corporation of the 6,194
applicability of the provisions of section 1701.95 of the Revised 6,195
Code. 6,196
(I) Upon the filing of a certificate of dissolution and 6,198
such accompanying documents, the corporation shall be dissolved. 6,199
Sec. 1702.47. (A) A corporation may be dissolved 6,208
voluntarily in the manner provided in this section. 6,209
(B) A resolution of dissolution for a corporation shall 6,211
set forth: 6,212
(1) That the corporation elects to be dissolved; 6,214
(2) Any additional provision deemed necessary with respect 6,216
to the proposed dissolution and winding up. 6,217
(C) The trustees may adopt a resolution of dissolution in 6,219
the following cases: 6,220
(1) When the corporation has been adjudged bankrupt or has 6,222
made a general assignment for the benefit of creditors; 6,223
(2) By leave of the court, when a receiver has been 6,225
141
appointed in a general creditors' suit or in any suit in which 6,226
the affairs of the corporation are to be wound up; 6,227
(3) When substantially all of the assets have been sold at 6,229
judicial sale or otherwise; 6,230
(4) When the period of existence of the corporation 6,232
specified in its articles has expired. 6,233
(D) The voting members at a meeting held for such purpose 6,235
may adopt a resolution of dissolution by the affirmative vote of 6,236
a majority of the voting members present if a quorum is present 6,237
or, if the articles or the regulations provide or permit, by the 6,238
affirmative vote of a greater or lesser proportion or number of 6,239
the voting members, and by such affirmative vote of the voting 6,240
members of any particular class as is required by the articles or 6,241
the regulations. Notice of the meeting of the members shall be 6,242
given to all the members whether or not entitled to vote thereat. 6,243
(E) Upon the adoption of a resolution of dissolution, a 6,245
certificate shall be prepared, on a form prescribed by the 6,246
secretary of state, setting forth the following: 6,247
(1) The name of the corporation; 6,249
(2) A statement that a resolution of dissolution has been 6,251
adopted; 6,252
(3) A statement of the manner of adoption of such 6,254
resolution, and, in the case of its adoption by the trustees, a 6,255
statement of the basis for such adoption; 6,256
(4) The place in this state where its principal office is 6,258
or is to be located; 6,259
(5) The names and addresses of its trustees and officers; 6,261
(6) The name and address of its statutory agent. 6,263
(F) Such certificate shall be signed by any authorized 6,265
officer, unless the officer fails to execute and file such 6,266
certificate within thirty days after the adoption of the 6,268
resolution, or upon any date specified in the resolution as the 6,269
date upon which such certificate is to be filed, or upon the 6,270
expiration of any period specified in the resolution as the 6,271
142
period within which such certificate is to be filed, whichever is 6,272
latest, in which event the certificate of dissolution may be 6,273
signed by any three voting members and shall set forth a 6,274
statement that the persons signing the certificate are voting 6,275
members and are filing the certificate because of the failure of 6,276
the officers to do so.
(G) A certificate of dissolution, filed with the secretary 6,278
of state, shall be accompanied by: 6,279
(1) An affidavit of one or more of the persons executing 6,281
the certificate of dissolution or of an officer of the 6,282
corporation containing a statement of the counties, if any, in 6,283
this state in which the corporation has personal property subject 6,284
to personal property taxes or a statement that the corporation is 6,285
of a type required to pay personal property taxes to state 6,286
authorities only; 6,287
(2) A receipt, certificate, or other evidence showing the 6,289
payment of all personal property taxes accruing up to the date of 6,290
such filing, unless the affidavit provided for in division (G)(1) 6,291
of this section states that the corporation has in this state no 6,293
personal property subject to personal property taxes;
(3) A receipt, certificate, or other evidence from the 6,295
bureau DIRECTOR of employment JOB AND FAMILY services showing 6,297
that all contributions due from the corporation as an employer 6,298
have been paid, or that such payment has been adequately 6,299
guaranteed, or that the corporation is not subject to such 6,300
contributions;
(4) A receipt, certificate, or other evidence showing the 6,302
payment of all sales, use, and highway use taxes accruing up to 6,303
the date of such filing, or that such payment has been adequately 6,304
guaranteed; 6,305
(5) In lieu of the receipt, certificate, or other evidence 6,307
described in division (G)(2), (3), or (4) of this section, an 6,308
affidavit of one or more of the persons executing the certificate 6,309
of dissolution or of an officer of the corporation containing a 6,310
143
statement of the date upon which the particular department, 6,311
agency, or authority was advised in writing of the scheduled date 6,312
of the filing of the certificate of dissolution and was advised 6,313
in writing of the acknowledgement by the corporation of the 6,314
applicability of section 1702.55 of the Revised Code. 6,315
(H) Upon the filing of a certificate of dissolution and 6,317
such accompanying documents, the corporation shall be dissolved. 6,318
Sec. 1703.17. (A) A foreign corporation may surrender its 6,327
license to transact business in this state in the manner provided 6,328
in this section. 6,329
(B) A certificate of surrender signed by any authorized 6,331
officer, or by the receiver, trustee in bankruptcy, or other 6,333
liquidator of such corporation, shall be filed with the secretary 6,334
of state, on a form prescribed by the secretary of state, setting 6,335
forth:
(1) The name of the corporation and of the state under the 6,337
laws of which it is incorporated; 6,338
(2) That it surrenders its license; 6,340
(3) The address to which the secretary of state may mail 6,342
any process against such corporation that may be served upon the 6,343
secretary of state, and may mail any other notices, certificates, 6,344
or statements. 6,345
(C) A certificate of surrender, filed with the secretary 6,347
of state, on a form prescribed by the secretary of state, shall 6,348
be accompanied by: 6,349
(1) A receipt, certificate, or other evidence showing the 6,351
payment of all franchise, sales, use, and highway use taxes 6,352
accruing up to the date of such filing, or that such payment has 6,354
been adequately guaranteed;
(2) A receipt, certificate, or other evidence showing the 6,356
payment of all personal property taxes accruing up to the date of 6,357
such filing; 6,358
(3) A receipt, certificate, or other evidence from the 6,360
bureau DIRECTOR of employment JOB AND FAMILY services showing 6,362
144
that all contributions due from the corporation as an employer 6,363
have been paid, or that such payment has been adequately 6,364
guaranteed, or that the corporation is not subject to such 6,365
contributions;
(4) An affidavit of the officer, or other person permitted 6,367
by law, executing the certificate of surrender, containing a 6,368
statement of the counties, if any, in this state in which the 6,369
corporation has personal property or a statement that the 6,370
corporation is of a type required to pay personal property taxes 6,371
to state authorities only. 6,372
(D) In lieu of the receipt, certificate, or other evidence 6,374
described in divisions (C)(1), (2), and (3) of this section, a 6,375
certificate of surrender may be accompanied by an affidavit of 6,376
the person executing the certificate of surrender, or of an 6,377
officer of the corporation, that contains a statement of the date 6,378
upon which the particular department, agency, or authority was 6,379
advised in writing of the scheduled date of filing the 6,380
certificate of surrender and was advised in writing of the 6,381
acknowledgement by the corporation that the surrender of its 6,382
license does not relieve it of liability, if any, for payment of 6,383
the taxes and contributions described in divisions (C)(1), (2), 6,384
and (3) of this section. 6,385
(E) In lieu of filing such certificate of surrender there 6,387
may be filed a certificate of the secretary of state, or other 6,388
proper official, of the state under the laws of which the 6,389
corporation is incorporated, certifying that said corporation has 6,390
been dissolved or its corporate existence otherwise terminated, 6,391
or a certified copy of an order of court terminating the 6,392
existence of such corporation; but such certificate or certified 6,393
copy shall be accompanied by the information required by division 6,394
(B)(3) of this section. 6,395
(F) For filing any such certificate or certified copy 6,397
under this section, there shall be paid to the secretary of state 6,398
a filing fee of twenty-five dollars. The secretary of state 6,399
145
shall thereupon cancel the license of such corporation, make a 6,400
notation of such cancellation upon the secretary of state's 6,401
records, and mail to the corporation a certificate of the action 6,403
so taken.
(G) The mere retirement from business of a foreign 6,405
corporation without filing a certificate of surrender shall not 6,406
exempt such corporation from the requirements of filing the 6,407
reports and paying the fees required by sections 1703.01 to 6,408
1703.31 of the Revised Code, or from making reports and paying 6,409
excise or franchise fees or taxes. 6,410
Sec. 1729.55. (A) An association may be dissolved 6,419
voluntarily in the manner provided in this section. 6,420
(B) A resolution of dissolution for an association shall 6,422
state both of the following: 6,423
(1) That the association elects to be dissolved; 6,425
(2) Any additional provision considered necessary with 6,427
respect to the proposed dissolution and winding up. 6,428
(C) Before subscriptions for membership and any stock or 6,430
other ownership interest have been received, the incorporators or 6,431
a majority of the incorporators may adopt, by a writing signed by 6,432
them, a resolution of dissolution. 6,433
(D) The directors may adopt a resolution of dissolution in 6,435
the following cases: 6,436
(1) When the association has been adjudged bankrupt or has 6,438
made a general assignment for the benefit of creditors; 6,439
(2) By leave of the court, when a receiver has been 6,441
appointed in a general creditors' suit or in any suit in which 6,442
the affairs of the association are to be wound up; 6,443
(3) When substantially all of the assets have been sold at 6,445
judicial sale or otherwise; 6,446
(4) When the articles of incorporation have been canceled 6,448
for failure to file annual franchise or excise tax returns or for 6,449
failure to pay franchise or excise taxes and the association has 6,450
not been reinstated or does not desire to be reinstated; 6,451
146
(5) When the period of existence of the association 6,453
specified in its articles has expired. 6,454
(E) At a meeting held for such purpose, the members may 6,456
adopt a resolution of dissolution by the affirmative vote of 6,457
sixty per cent of the member votes cast on such proposal or, if 6,458
the articles provide or permit, by the affirmative vote of a 6,459
greater or lesser proportion, though not less than a majority, of 6,460
such voting power, of any particular class as is required by the
articles of incorporation. Notice of the meeting of the members 6,461
shall be given to all members and stockholders whether or not 6,462
entitled to vote.
(F) Upon the adoption of a resolution of dissolution, a 6,464
certificate shall be filed with the secretary of state, on a form 6,465
prescribed by the secretary of state, stating all of the 6,467
following:
(1) The name of the association; 6,469
(2) A statement that a resolution of dissolution has been 6,471
adopted, its manner of adoption, and, in the case of its adoption 6,472
by the incorporators or directors, a statement of the basis for 6,473
such adoption;
(3) The place in this state where the association's 6,475
principal office is located; 6,476
(4) The names and addresses of the association's directors 6,478
and officers, or if the resolution of dissolution is adopted by 6,479
the incorporators, the names and addresses of the incorporators; 6,480
(5) The name and address of the association's statutory 6,482
agent.
(G) Such certificate shall be signed as follows: 6,484
(1) When the resolution of dissolution is adopted by the 6,486
incorporators, the certificate shall be signed by not less than a 6,488
majority of the incorporators;
(2) When the resolution is adopted by the directors or by 6,490
the members, the certificate shall be signed by any authorized 6,491
officer. However, if no authorized officer executes and files 6,493
147
such certificate within thirty days after the adoption of the 6,494
resolution or upon any date specified in the resolution as the 6,495
date upon which such certificate is to be filed or upon the 6,496
expiration of any period specified in the resolution as the 6,497
period within which such certificate is to be filed, whichever is 6,498
latest, the certificate of dissolution may be signed by any three
members, or if there are less than three members, then by all of 6,499
the members, and shall set forth a statement that the persons 6,500
signing the certificate are members and are filing the 6,501
certificate because of the failure of an authorized officer to do 6,503
so.
(H) A certificate of dissolution, filed with the secretary 6,505
of state, shall be accompanied by all of the following: 6,506
(1) An affidavit of one or more of the persons executing 6,508
the certificate of dissolution or of any authorized officer of 6,509
the association containing a statement of the counties, if any, 6,511
in this state in which the association has personal property or a 6,512
statement that the association is of a type required to pay
personal property taxes to state authorities only; 6,513
(2) A receipt, certificate, or other evidence showing the 6,515
payment of all franchise, sales, use, and highway use taxes 6,516
accruing up to the date of such filing, or that such payment has 6,517
been adequately guaranteed;
(3) A receipt, certificate, or other evidence showing the 6,519
payment of all personal property taxes accruing up to the date of 6,520
such filing;
(4) A receipt, certificate, or other evidence from the 6,522
bureau DIRECTOR of employment JOB AND FAMILY services showing 6,523
that all contributions due from the association as an employer 6,525
have been paid, or that such payment has been adequately
guaranteed, or that the association is not subject to such 6,526
contributions;
(5) A receipt, certificate, or other evidence from the 6,528
bureau of workers' compensation showing that all premiums due 6,529
148
from the association as an employer have been paid, or that such 6,530
payment has been adequately guaranteed, or that the association 6,531
is not subject to such premium payments;
(6) In lieu of the receipt, certificate, or other evidence 6,533
described in division (H)(2), (3), (4), or (5) of this section, 6,534
an affidavit of one or more persons executing the certificate of 6,535
dissolution or of any authorized officer of the association 6,537
containing a statement of the date upon which the particular 6,538
department, agency, or authority was advised in writing of the 6,539
scheduled date of filing of the certificate of dissolution and 6,540
was advised in writing of the acknowledgment by the association 6,541
of the applicability of section 1729.25 of the Revised Code. 6,542
(I) Upon the filing of a certificate of dissolution and 6,544
the accompanying documents required by division (H) of this 6,545
section, the association shall be dissolved. 6,546
Sec. 1743.05. Any corporation organized for the purpose of 6,555
providing a home for deaf and dumb persons may enter into a 6,556
contract with the board of county commissioners of any county, or 6,557
with the proper officers of any municipal infirmary, for the care 6,558
and maintenance in such home of any deaf and dumb person who is 6,559
an inmate of the county home or of such municipal infirmary, or 6,560
who is entitled to admission thereto. In every such case the 6,561
county home or municipal infirmary, during the period the person 6,562
remains in such home for deaf and dumb persons, shall pay to such 6,563
corporation, annually, a sum equal to the per capita cost of 6,564
maintaining inmates in the county home or municipal infirmary. 6,565
When any deaf and dumb person is maintained in a county 6,567
home or municipal infirmary, and in the judgment of the COUNTY 6,569
department of human JOB AND FAMILY services should be removed to 6,570
a home incorporated to provide a home for deaf and dumb persons, 6,571
such department may order the removal of the person from the 6,572
county home or municipal infirmary to such home. The 6,573
transportation of the person to such home and his THE PERSON'S 6,574
maintenance shall be paid for by the board of county 6,576
149
commissioners or the proper officers of the municipal infirmary. 6,577
Sec. 1751.01. As used in this chapter: 6,586
(A) "Basic health care services" means the following 6,589
services when medically necessary: 6,590
(1) Physician's services, except when such services are 6,592
supplemental under division (B) of this section; 6,594
(2) Inpatient hospital services; 6,596
(3) Outpatient medical services; 6,598
(4) Emergency health services; 6,600
(5) Urgent care services; 6,602
(6) Diagnostic laboratory services and diagnostic and 6,604
therapeutic radiologic services; 6,605
(7) Preventive health care services, including, but not 6,607
limited to, voluntary family planning services, infertility 6,608
services, periodic physical examinations, prenatal obstetrical 6,609
care, and well-child care. 6,610
"Basic health care services" does not include experimental 6,612
procedures. 6,613
A health insuring corporation shall not offer coverage for 6,615
a health care service, defined as a basic health care service by 6,616
this division, unless it offers coverage for all listed basic 6,617
health care services. However, this requirement does not apply 6,619
to the coverage of beneficiaries enrolled in Title XVIII of the 6,620
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as 6,622
amended, pursuant to a medicare contract, or to the coverage of 6,624
beneficiaries enrolled in the federal employee health benefits 6,625
program pursuant to 5 U.S.C.A. 8905, or to the coverage of 6,626
beneficiaries enrolled in Title XIX of the "Social Security Act," 6,628
49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, known as the 6,630
medical assistance program or medicaid, provided by the Ohio 6,631
department of human JOB AND FAMILY services under Chapter 5111. 6,633
of the Revised Code, or to the coverage of beneficiaries under 6,634
any federal health care program regulated by a federal regulatory 6,635
body, or to the coverage of beneficiaries under any contract 6,637
150
covering officers or employees of the state that has been entered 6,638
into by the department of administrative services. 6,639
(B) "Supplemental health care services" means any health 6,642
care services other than basic health care services that a health 6,643
insuring corporation may offer, alone or in combination with 6,644
either basic health care services or other supplemental health 6,645
care services, and includes:
(1) Services of facilities for intermediate or long-term 6,647
care, or both; 6,648
(2) Dental care services; 6,650
(3) Vision care and optometric services including lenses 6,652
and frames; 6,653
(4) Podiatric care or foot care services; 6,655
(5) Mental health services including psychological 6,657
services; 6,658
(6) Short-term outpatient evaluative and 6,660
crisis-intervention mental health services; 6,661
(7) Medical or psychological treatment and referral 6,663
services for alcohol and drug abuse or addiction; 6,664
(8) Home health services; 6,666
(9) Prescription drug services; 6,668
(10) Nursing services; 6,670
(11) Services of a dietitian licensed under Chapter 4759. 6,673
of the Revised Code;
(12) Physical therapy services; 6,675
(13) Chiropractic services; 6,677
(14) Any other category of services approved by the 6,679
superintendent of insurance. 6,680
(C) "Specialty health care services" means one of the 6,682
supplemental health care services listed in division (B)(1) to 6,684
(13) of this section, when provided by a health insuring 6,685
corporation on an outpatient-only basis and not in combination 6,686
with other supplemental health care services.
(D) "Closed panel plan" means a health care plan that 6,688
151
requires enrollees to use participating providers. 6,689
(E) "Compensation" means remuneration for the provision of 6,692
health care services, determined on other than a fee-for-service 6,693
or discounted-fee-for-service basis.
(F) "Contractual periodic prepayment" means the formula 6,696
for determining the premium rate for all subscribers of a health 6,697
insuring corporation. 6,698
(G) "Corporation" means a corporation formed under Chapter 6,701
1701. or 1702. of the Revised Code or the similar laws of another 6,703
state.
(H) "Emergency health services" means those health care 6,706
services that must be available on a seven-days-per-week, 6,707
twenty-four-hours-per-day basis in order to prevent jeopardy to 6,708
an enrollee's health status that would occur if such services 6,709
were not received as soon as possible, and includes, where 6,710
appropriate, provisions for transportation and indemnity payments 6,711
or service agreements for out-of-area coverage. 6,712
(I) "Enrollee" means any natural person who is entitled to 6,715
receive health care benefits provided by a health insuring 6,716
corporation.
(J) "Evidence of coverage" means any certificate, 6,719
agreement, policy, or contract issued to a subscriber that sets 6,720
out the coverage and other rights to which such person is 6,721
entitled under a health care plan. 6,722
(K) "Health care facility" means any facility, except a 6,725
health care practitioner's office, that provides preventive, 6,726
diagnostic, therapeutic, acute convalescent, rehabilitation, 6,727
mental health, mental retardation, intermediate care, or skilled 6,728
nursing services. 6,729
(L) "Health care services" means basic, supplemental, and 6,732
specialty health care services. 6,733
(M) "Health delivery network" means any group of providers 6,736
or health care facilities, or both, or any representative 6,737
thereof, that have entered into an agreement to offer health care 6,739
152
services in a panel rather than on an individual basis. 6,740
(N) "Health insuring corporation" means a corporation, as 6,743
defined in division (G) of this section, that, pursuant to a 6,744
policy, contract, certificate, or agreement, pays for, 6,745
reimburses, or provides, delivers, arranges for, or otherwise 6,746
makes available, basic health care services, supplemental health 6,747
care services, or specialty health care services, or a 6,748
combination of basic health care services and either supplemental 6,749
health care services or specialty health care services, through 6,751
either an open panel plan or a closed panel plan. 6,752
"Health insuring corporation" does not include a limited 6,755
liability company formed pursuant to Chapter 1705. of the Revised 6,757
Code, an insurer licensed under Title XXXIX of the Revised Code 6,763
if that insurer offers only open panel plans under which all 6,764
providers and health care facilities participating receive their 6,765
compensation directly from the insurer, a corporation formed by 6,766
or on behalf of a political subdivision or a department, office, 6,767
or institution of the state, or a public entity formed by or on 6,768
behalf of a board of county commissioners, a county board of 6,770
mental retardation and developmental disabilities, an alcohol and 6,772
drug addiction services board, a board of alcohol, drug 6,773
addiction, and mental health services, or a community mental 6,774
health board, as those terms are used in Chapters 340. and 5126. 6,775
of the Revised Code. Except as provided by division (D) of 6,778
section 1751.02 of the Revised Code, or as otherwise provided by 6,781
law, no board, commission, agency, or other entity under the 6,783
control of a political subdivision may accept insurance risk in 6,784
providing for health care services. However, nothing in this 6,785
division shall be construed as prohibiting such entities from 6,786
purchasing the services of a health insuring corporation or a 6,787
third-party administrator licensed under Chapter 3959. of the 6,788
Revised Code. 6,789
(O) "Intermediary organization" means a health delivery 6,792
network or other entity that contracts with licensed health 6,793
153
insuring corporations or self-insured employers, or both, to 6,794
provide health care services, and that enters into contractual 6,796
arrangements with other entities for the provision of health care 6,797
services for the purpose of fulfilling the terms of its contracts 6,798
with the health insuring corporations and self-insured employers. 6,799
(P) "Intermediate care" means residential care above the 6,802
level of room and board for patients who require personal 6,803
assistance and health-related services, but who do not require 6,804
skilled nursing care.
(Q) "Medical record" means the personal information that 6,807
relates to an individual's physical or mental condition, medical 6,808
history, or medical treatment. 6,809
(R)(1) "Open panel plan" means a health care plan that 6,811
provides incentives for enrollees to use participating providers 6,812
and that also allows enrollees to use providers that are not 6,813
participating providers.
(2) No health insuring corporation may offer an open panel 6,816
plan, unless the health insuring corporation is also licensed as 6,817
an insurer under Title XXXIX of the Revised Code, the health 6,818
insuring corporation, on June 4, 1997, holds a certificate of 6,820
authority or license to operate under Chapter 1736. or 1740. of 6,821
the Revised Code, or an insurer licensed under Title XXXIX of the 6,823
Revised Code is responsible for the out-of-network risk as 6,824
evidenced by both an evidence of coverage filing under section 6,825
1751.11 of the Revised Code and a policy and certificate filing 6,827
under section 3923.02 of the Revised Code. 6,828
(S) "Panel" means a group of providers or health care 6,830
facilities that have joined together to deliver health care 6,831
services through a contractual arrangement with a health insuring 6,833
corporation, employer group, or other payor.
(T) "Person" has the same meaning as in section 1.59 of 6,835
the Revised Code, and, unless the context otherwise requires, 6,836
includes any insurance company holding a certificate of authority 6,837
under Title XXXIX of the Revised Code, any subsidiary and 6,839
154
affiliate of an insurance company, and any government agency. 6,840
(U) "Premium rate" means any set fee regularly paid by a 6,843
subscriber to a health insuring corporation. A "premium rate" 6,844
does not include a one-time membership fee, an annual
administrative fee, or a nominal access fee, paid to a managed 6,845
health care system under which the recipient of health care 6,846
services remains solely responsible for any charges accessed for 6,847
those services by the provider or health care facility. 6,848
(V) "Primary care provider" means a provider that is 6,851
designated by a health insuring corporation to supervise, 6,852
coordinate, or provide initial care or continuing care to an 6,853
enrollee, and that may be required by the health insuring 6,854
corporation to initiate a referral for specialty care and to 6,855
maintain supervision of the health care services rendered to the 6,856
enrollee.
(W) "Provider" means any natural person or partnership of 6,859
natural persons who are licensed, certified, accredited, or 6,860
otherwise authorized in this state to furnish health care 6,861
services, or any professional association organized under Chapter 6,862
1785. of the Revised Code, provided that nothing in this chapter 6,864
or other provisions of law shall be construed to preclude a 6,865
health insuring corporation, health care practitioner, or 6,866
organized health care group associated with a health insuring 6,867
corporation from employing certified nurse practitioners,
certified nurse anesthetists, clinical nurse specialists, 6,868
certified nurse midwives, dietitians, physicians' assistants, 6,869
dental assistants, dental hygienists, optometric technicians, or 6,870
other allied health personnel who are licensed, certified, 6,871
accredited, or otherwise authorized in this state to furnish 6,872
health care services.
(X) "Provider sponsored organization" means a corporation, 6,875
as defined in division (G) of this section, that is at least 6,876
eighty per cent owned or controlled by one or more hospitals, as 6,878
defined in section 3727.01 of the Revised Code, or one or more 6,879
155
physicians licensed to practice medicine or surgery or 6,880
osteopathic medicine and surgery under Chapter 4731. of the 6,881
Revised Code, or any combination of such physicians and 6,882
hospitals. Such control is presumed to exist if at least eighty 6,883
per cent of the voting rights or governance rights of a provider 6,884
sponsored organization are directly or indirectly owned, 6,885
controlled, or otherwise held by any combination of the 6,886
physicians and hospitals described in this division. 6,887
(Y) "Solicitation document" means the written materials 6,889
provided to prospective subscribers or enrollees, or both, and 6,891
used for advertising and marketing to induce enrollment in the 6,892
health care plans of a health insuring corporation. 6,893
(Z) "Subscriber" means a person who is responsible for 6,896
making payments to a health insuring corporation for 6,897
participation in a health care plan, or an enrollee whose 6,898
employment or other status is the basis of eligibility for 6,899
enrollment in a health insuring corporation.
(AA) "Urgent care services" means those health care 6,902
services that are appropriately provided for an unforeseen 6,903
condition of a kind that usually requires medical attention 6,904
without delay but that does not pose a threat to the life, limb, 6,905
or permanent health of the injured or ill person, and may include 6,907
such health care services provided out of the health insuring 6,908
corporation's approved service area pursuant to indemnity 6,909
payments or service agreements.
Sec. 1751.11. (A) Every subscriber of a health insuring 6,918
corporation is entitled to an evidence of coverage for the health 6,919
care plan under which health care benefits are provided. 6,920
(B) Every subscriber of a health insuring corporation that 6,922
offers basic health care services is entitled to an 6,923
identification card or similar document that specifies the health 6,924
insuring corporation's name as stated in its articles of 6,925
incorporation, and any trade or fictitious names used by the 6,926
health insuring corporation. The identification card or document 6,927
156
shall list at least one toll-free telephone number that provides 6,928
the subscriber with access, to information on a 6,929
twenty-four-hours-per-day, seven-days-per-week basis, as to how 6,930
health care services may be obtained. The identification card or 6,931
document shall also list at least one toll-free number that, 6,932
during normal business hours, provides the subscriber with access 6,933
to information on the coverage available under the subscriber's 6,934
health care plan and information on the health care plan's 6,935
internal and external review processes.
(C) No evidence of coverage, or amendment to the evidence 6,937
of coverage, shall be delivered, issued for delivery, renewed, or 6,938
used, until the form of the evidence of coverage or amendment has 6,939
been filed by the health insuring corporation with the 6,940
superintendent of insurance. If the superintendent does not 6,941
disapprove the evidence of coverage or amendment within sixty 6,942
days after it is filed it shall be deemed approved, unless the 6,943
superintendent sooner gives approval for the evidence of coverage 6,944
or amendment. With respect to an amendment to an approved 6,945
evidence of coverage, the superintendent only may disapprove 6,946
provisions amended or added to the evidence of coverage. If the 6,947
superintendent determines within the sixty-day period that any 6,948
evidence of coverage or amendment fails to meet the requirements 6,949
of this section, the superintendent shall so notify the health 6,950
insuring corporation and it shall be unlawful for the health 6,951
insuring corporation to use such evidence of coverage or 6,952
amendment. At any time, the superintendent, upon at least thirty 6,953
days' written notice to a health insuring corporation, may 6,954
withdraw an approval, deemed or actual, of any evidence of 6,955
coverage or amendment on any of the grounds stated in this 6,956
section. Such disapproval shall be effected by a written order, 6,957
which shall state the grounds for disapproval and shall be issued 6,958
in accordance with Chapter 119. of the Revised Code. 6,959
(D) No evidence of coverage or amendment shall be 6,961
delivered, issued for delivery, renewed, or used: 6,962
157
(1) If it contains provisions or statements that are 6,964
inequitable, untrue, misleading, or deceptive; 6,965
(2) Unless it contains a clear, concise, and complete 6,967
statement of the following: 6,968
(a) The health care services and insurance or other 6,970
benefits, if any, to which an enrollee is entitled under the 6,971
health care plan;
(b) Any exclusions or limitations on the health care 6,973
services, type of health care services, benefits, or type of 6,974
benefits to be provided, including copayments; 6,975
(c) An enrollee's personal financial obligation for 6,977
noncovered services; 6,978
(d) Where and in what manner general information and 6,980
information as to how health care services may be obtained is 6,981
available, including a toll-free telephone number; 6,982
(e) The premium rate with respect to individual and 6,984
conversion contracts, and relevant copayment provisions with 6,985
respect to all contracts. The statement of the premium rate, 6,986
however, may be contained in a separate insert. 6,987
(f) The method utilized by the health insuring corporation 6,989
for resolving enrollee complaints; 6,990
(g) The utilization review, internal review, and external 6,992
review procedures established under sections 1751.77 to 1751.85 6,993
of the Revised Code. 6,994
(3) Unless it provides for the continuation of an 6,996
enrollee's coverage, in the event that the enrollee's coverage 6,997
under the group policy, contract, certificate, or agreement 6,998
terminates while the enrollee is receiving inpatient care in a 6,999
hospital. This continuation of coverage shall terminate at the 7,000
earliest occurrence of any of the following: 7,001
(a) The enrollee's discharge from the hospital; 7,003
(b) The determination by the enrollee's attending 7,005
physician that inpatient care is no longer medically indicated 7,006
for the enrollee; however, nothing in division (D)(3)(b) of this 7,007
158
section precludes a health insuring corporation from engaging in 7,008
utilization review as described in the evidence of coverage. 7,009
(c) The enrollee's reaching the limit for contractual 7,011
benefits;
(d) The effective date of any new coverage. 7,013
(4) Unless it contains a provision that states, in 7,015
substance, that the health insuring corporation is not a member 7,016
of any guaranty fund, and that in the event of the health 7,017
insuring corporation's insolvency, an enrollee is protected only 7,018
to the extent that the hold harmless provision required by 7,019
section 1751.13 of the Revised Code applies to the health care 7,020
services rendered; 7,021
(5) Unless it contains a provision that states, in 7,023
substance, that in the event of the insolvency of the health 7,024
insuring corporation, an enrollee may be financially responsible 7,025
for health care services rendered by a provider or health care 7,026
facility that is not under contract to the health insuring 7,027
corporation, whether or not the health insuring corporation 7,028
authorized the use of the provider or health care facility. 7,029
(E) Notwithstanding divisions (C) and (D) of this section, 7,031
a health insuring corporation may use an evidence of coverage 7,032
that provides for the coverage of beneficiaries enrolled in Title 7,033
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 7,034
U.S.C.A. 301, as amended, pursuant to a medicare contract, or an 7,035
evidence of coverage that provides for the coverage of 7,036
beneficiaries enrolled in the federal employees health benefits 7,037
program pursuant to 5 U.S.C.A. 8905, or an evidence of coverage 7,038
that provides for the coverage of beneficiaries enrolled in Title 7,039
XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 7,040
U.S.C.A. 301, as amended, known as the medical assistance program 7,041
or medicaid, provided by the Ohio department of human JOB AND 7,042
FAMILY services under Chapter 5111. of the Revised Code, or an 7,044
evidence of coverage that provides for the coverage of 7,045
beneficiaries under any other federal health care program 7,046
159
regulated by a federal regulatory body, or an evidence of
coverage that provides for the coverage of beneficiaries under 7,047
any contract covering officers or employees of the state that has 7,048
been entered into by the department of administrative services, 7,049
if both of the following apply: 7,050
(1) The evidence of coverage has been approved by the 7,052
United States department of health and human services, the United 7,053
States office of personnel management, the Ohio department of 7,054
human JOB AND FAMILY services, or the department of 7,055
administrative services.
(2) The evidence of coverage is filed with the 7,057
superintendent of insurance prior to use and is accompanied by 7,058
documentation of approval from the United States department of 7,059
health and human services, the United States office of personnel 7,060
management, the Ohio department of human JOB AND FAMILY services, 7,061
or the department of administrative services. 7,063
Sec. 1751.12. (A)(1) No contractual periodic prepayment 7,073
and no premium rate for nongroup and conversion policies for 7,074
health care services, or any amendment to them, may be used by 7,075
any health insuring corporation at any time until the contractual 7,076
periodic prepayment and premium rate, or amendment, have been 7,077
filed with the superintendent of insurance, and shall not be 7,078
effective until the expiration of sixty days after their filing 7,079
unless the superintendent sooner gives approval. The filing 7,080
shall be accompanied by an actuarial certification in the form 7,081
prescribed by the superintendent. The superintendent shall 7,082
disapprove the filing, if the superintendent determines within 7,083
the sixty-day period that the contractual periodic prepayment or 7,084
premium rate, or amendment, is not in accordance with sound 7,085
actuarial principles or is not reasonably related to the 7,086
applicable coverage and characteristics of the applicable class 7,087
of enrollees. The superintendent shall notify the health 7,088
insuring corporation of the disapproval, and it shall thereafter 7,089
be unlawful for the health insuring corporation to use the 7,090
160
contractual periodic prepayment or premium rate, or amendment. 7,091
(2) No contractual periodic prepayment for group policies 7,094
for health care services shall be used until the contractual 7,095
periodic prepayment has been filed with the superintendent. The 7,096
filing shall be accompanied by an actuarial certification in the 7,097
form prescribed by the superintendent. The superintendent may 7,099
reject a filing made under division (A)(2) of this section at any 7,100
time, with at least thirty days' written notice to a health 7,101
insuring corporation, if the contractual periodic prepayment is 7,102
not in accordance with sound actuarial principles or is not 7,104
reasonably related to the applicable coverage and characteristics 7,105
of the applicable class of enrollees. 7,106
(3) At any time, the superintendent, upon at least thirty 7,108
days' written notice to a health insuring corporation, may 7,109
withdraw the approval given under division (A)(1) of this 7,110
section, deemed or actual, of any contractual periodic prepayment 7,112
or premium rate, or amendment, based on information that either 7,113
of the following applies:
(a) The contractual periodic prepayment or premium rate, 7,116
or amendment, is not in accordance with sound actuarial 7,117
principles.
(b) The contractual periodic prepayment or premium rate, 7,120
or amendment, is not reasonably related to the applicable 7,121
coverage and characteristics of the applicable class of 7,122
enrollees.
(4) Any disapproval under division (A)(1) of this section, 7,124
any rejection of a filing made under division (A)(2) of this 7,126
section, or any withdrawal of approval under division (A)(3) of 7,127
this section, shall be effected by a written notice, which shall 7,128
state the specific basis for the disapproval, rejection, or 7,129
withdrawal and shall be issued in accordance with Chapter 119. of 7,130
the Revised Code. 7,131
(B) Notwithstanding division (A) of this section, a health 7,134
insuring corporation may use a contractual periodic prepayment or 7,135
161
premium rate for policies used for the coverage of beneficiaries 7,136
enrolled in Title XVIII of the "Social Security Act," 49 Stat. 7,138
620 (1935), 42 U.S.C.A. 301, as amended, pursuant to a medicare 7,140
risk contract or medicare cost contract, or for policies used for 7,141
the coverage of beneficiaries enrolled in the federal employees 7,142
health benefits program pursuant to 5 U.S.C.A. 8905, or for 7,145
policies used for the coverage of beneficiaries enrolled in Title 7,146
XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 7,148
U.S.C.A. 301, as amended, known as the medical assistance program 7,151
or medicaid, provided by the Ohio department of human JOB AND 7,152
FAMILY services under Chapter 5111. of the Revised Code, or for 7,155
policies used for the coverage of beneficiaries under any other 7,156
federal health care program regulated by a federal regulatory 7,157
body, or for policies used for the coverage of beneficiaries 7,158
under any contract covering officers or employees of the state 7,159
that has been entered into by the department of administrative 7,161
services, if both of the following apply: 7,163
(1) The contractual periodic prepayment or premium rate 7,165
has been approved by the United States department of health and 7,166
human services, the United States office of personnel management, 7,168
the Ohio department of human JOB AND FAMILY services, or the 7,169
department of administrative services. 7,170
(2) The contractual periodic prepayment or premium rate is 7,172
filed with the superintendent prior to use and is accompanied by 7,173
documentation of approval from the United States department of 7,175
health and human services, the United States office of personnel 7,176
management, the Ohio department of human JOB AND FAMILY services, 7,178
or the department of administrative services. 7,179
(C) The administrative expense portion of all contractual 7,182
periodic prepayment or premium rate filings submitted to the 7,183
superintendent for review must reflect the actual cost of 7,184
administering the product. The superintendent may require that 7,185
the administrative expense portion of the filings be itemized and 7,186
supported.
162
(D)(1) Copayments must be reasonable and must not be a 7,188
barrier to the necessary utilization of services by enrollees. 7,189
(2) A health insuring corporation may not impose copayment 7,192
charges on basic health care services that exceed thirty per cent 7,193
of the total cost of providing any single covered health care 7,194
service, except for physician office visits, emergency health 7,195
services, and urgent care services. The total cost of providing 7,196
a health care service is the cost to the health insuring 7,197
corporation of providing the health care service to its enrollees 7,199
as reduced by any applicable provider discount. An open panel 7,201
plan may not impose copayments on out-of-network benefits that 7,202
exceed fifty per cent of the total cost of providing any single 7,203
covered health care service.
(3) To ensure that copayments are not a barrier to the 7,205
utilization of basic health care services, a health insuring 7,206
corporation may not impose, in any contract year, on any 7,208
subscriber or enrollee, copayments that exceed two hundred per 7,209
cent of the total annual premium rate to the subscriber or 7,210
enrollees. This limitation of two hundred per cent does not 7,213
include any reasonable copayments that are not a barrier to the 7,214
necessary utilization of health care services by enrollees and 7,215
that are imposed on physician office visits, emergency health 7,216
services, urgent care services, supplemental health care 7,217
services, or specialty health care services.
(E) A health insuring corporation shall not impose 7,220
lifetime maximums on basic health care services. However, a 7,221
health insuring corporation may establish a benefit limit for 7,222
inpatient hospital services that are provided pursuant to a 7,223
policy, contract, certificate, or agreement for supplemental 7,224
health care services.
Sec. 1751.13. (A)(1)(a) A health insuring corporation 7,234
shall, either directly or indirectly, enter into contracts for 7,235
the provision of health care services with a sufficient number 7,236
and types of providers and health care facilities to ensure that 7,237
163
all covered health care services will be accessible to enrollees 7,238
from a contracted provider or health care facility. 7,239
(b) A health insuring corporation shall not refuse to 7,242
contract with a physician for the provision of health care
services or refuse to recognize a physician as a specialist on 7,243
the basis that the physician attended an educational program or a 7,245
residency program approved or certified by the American 7,246
Osteopathic Association OSTEOPATHIC ASSOCIATION. A health 7,247
insuring corporation shall not refuse to contract with a health 7,249
care facility for the provision of health care services on the 7,250
basis that the health care facility is certified or accredited by 7,251
the American Osteopathic Association OSTEOPATHIC ASSOCIATION or 7,253
that the health care facility is an osteopathic hospital as 7,255
defined in section 3702.51 of the Revised Code. 7,257
(c) Nothing in division (A)(1)(b) of this section shall be 7,261
construed to require a health insuring corporation to make a 7,262
benefit payment under a closed panel plan to a physician or 7,263
health care facility with which the health insuring corporation 7,264
does not have a contract, provided that none of the bases set 7,265
forth in that division are used as a reason for failing to make a 7,266
benefit payment.
(2) When a health insuring corporation is unable to 7,268
provide a covered health care service from a contracted provider 7,269
or health care facility, the health insuring corporation must 7,270
provide that health care service from a noncontracted provider or 7,272
health care facility consistent with the terms of the enrollee's 7,273
policy, contract, certificate, or agreement. The health insuring 7,274
corporation shall either ensure that the health care service be 7,275
provided at no greater cost to the enrollee than if the enrollee 7,276
had obtained the health care service from a contracted provider 7,277
or health care facility, or make other arrangements acceptable to 7,278
the superintendent of insurance. 7,279
(3) Nothing in this section shall prohibit a health 7,281
insuring corporation from entering into contracts with 7,282
164
out-of-state providers or health care facilities that are 7,283
licensed, certified, accredited, or otherwise authorized in that 7,284
state. 7,285
(B)(1) A health insuring corporation shall, either 7,288
directly or indirectly, enter into contracts with all providers 7,289
and health care facilities through which health care services are 7,290
provided to its enrollees.
(2) A health insuring corporation, upon written request, 7,292
shall assist its contracted providers in finding stop-loss or 7,293
reinsurance carriers.
(C) A health insuring corporation shall file an annual 7,295
certificate with the superintendent certifying that all provider 7,296
contracts and contracts with health care facilities through which 7,297
health care services are being provided contain the following: 7,298
(1) A description of the method by which the provider or 7,300
health care facility will be notified of the specific health care 7,302
services for which the provider or health care facility will be 7,303
responsible, including any limitations or conditions on such 7,304
services;
(2) The specific hold harmless provision specifying 7,306
protection of enrollees set forth as follows: 7,307
"[Provider/Health Care Facility< agrees that in no event, 7,310
including but not limited to nonpayment by the health insuring 7,311
corporation, insolvency of the health insuring corporation, or 7,312
breach of this agreement, shall [Provider/Health Care Facility< 7,314
bill, charge, collect a deposit from, seek remuneration or 7,315
reimbursement from, or have any recourse against, a subscriber, 7,316
enrollee, person to whom health care services have been provided, 7,318
or person acting on behalf of the covered enrollee, for health 7,319
care services provided pursuant to this agreement. This does not 7,320
prohibit [Provider/Health Care Facility< from collecting 7,321
co-insurance or copayments as specifically provided in the 7,323
evidence of coverage, or fees for uncovered health care services 7,324
delivered on a fee-for-service basis to persons referenced above, 7,325
165
nor from any recourse against the health insuring corporation or 7,326
its successor."
(3) Provisions requiring the provider or health care 7,328
facility to continue to provide covered health care services to 7,329
enrollees in the event of the health insuring corporation's 7,330
insolvency or discontinuance of operations. The provisions shall 7,332
require the provider or health care facility to continue to 7,333
provide covered health care services to enrollees as needed to 7,334
complete any medically necessary procedures commenced but 7,335
unfinished at the time of the health insuring corporation's
insolvency or discontinuance of operations. The completion of a 7,336
medically necessary procedure shall include the rendering of all 7,338
covered health care services that constitute medically necessary 7,339
follow-up care for that procedure. If an enrollee is receiving 7,341
necessary inpatient care at a hospital, the provisions may limit 7,342
the required provision of covered health care services relating 7,343
to that inpatient care in accordance with division (D)(3) of 7,344
section 1751.11 of the Revised Code, and may also limit such 7,345
required provision of covered health care services to the period 7,346
ending thirty days after the health insuring corporation's 7,347
insolvency or discontinuance of operations. 7,348
The provisions required by division (C)(3) of this section 7,351
shall not require any provider or health care facility to 7,352
continue to provide any covered health care service after the
occurrence of any of the following: 7,353
(a) The end of the thirty-day period following the entry 7,355
of a liquidation order under Chapter 3903. of the Revised Code; 7,357
(b) The end of the enrollee's period of coverage for a 7,359
contractual prepayment or premium; 7,360
(c) The enrollee obtains equivalent coverage with another 7,362
health insuring corporation or insurer, or the enrollee's 7,363
employer obtains such coverage for the enrollee; 7,364
(d) The enrollee or the enrollee's employer terminates 7,366
coverage under the contract; 7,367
166
(e) A liquidator effects a transfer of the health insuring 7,370
corporation's obligations under the contract under division 7,371
(A)(8) of section 3903.21 of the Revised Code.
(4) A provision clearly stating the rights and 7,373
responsibilities of the health insuring corporation, and of the 7,374
contracted providers and health care facilities, with respect to 7,375
administrative policies and programs, including, but not limited 7,376
to, payments systems, utilization review, quality assurance, 7,377
assessment, and improvement programs, credentialing, 7,378
confidentiality requirements, and any applicable federal or state 7,379
programs; 7,380
(5) A provision regarding the availability and 7,382
confidentiality of those health records maintained by providers 7,383
and health care facilities to monitor and evaluate the quality of 7,385
care, to conduct evaluations and audits, and to determine on a 7,386
concurrent or retrospective basis the necessity of and
appropriateness of health care services provided to enrollees. 7,387
The provision shall include terms requiring the provider or 7,388
health care facility to make these health records available to 7,389
appropriate state and federal authorities involved in assessing 7,390
the quality of care or in investigating the grievances or 7,391
complaints of enrollees, and requiring the provider or health 7,392
care facility to comply with applicable state and federal laws 7,393
related to the confidentiality of medical or health records. 7,395
(6) A provision that states that contractual rights and 7,397
responsibilities may not be assigned or delegated by the provider 7,399
or health care facility without the prior written consent of the 7,400
health insuring corporation;
(7) A provision requiring the provider or health care 7,402
facility to maintain adequate professional liability and 7,403
malpractice insurance. The provision shall also require the 7,404
provider or health care facility to notify the health insuring 7,405
corporation not more than ten days after the provider's or health 7,407
care facility's receipt of notice of any reduction or
167
cancellation of such coverage. 7,408
(8) A provision requiring the provider or health care 7,410
facility to observe, protect, and promote the rights of enrollees 7,412
as patients;
(9) A provision requiring the provider or health care 7,414
facility to provide health care services without discrimination 7,415
on the basis of a patient's participation in the health care 7,416
plan, age, sex, ethnicity, religion, sexual preference, health 7,417
status, or disability, and without regard to the source of 7,418
payments made for health care services rendered to a patient. 7,419
This requirement shall not apply to circumstances when the 7,420
provider or health care facility appropriately does not render 7,421
services due to limitations arising from the provider's or health 7,423
care facility's lack of training, experience, or skill, or due to 7,424
licensing restrictions.
(10) A provision containing the specifics of any 7,426
obligation on the primary care provider to provide, or to arrange 7,429
for the provision of, covered health care services twenty-four 7,430
hours per day, seven days per week;
(11) A provision setting forth procedures for the 7,432
resolution of disputes arising out of the contract; 7,433
(12) A provision stating that the hold harmless provision 7,435
required by division (C)(2) of this section shall survive the 7,437
termination of the contract with respect to services covered and 7,438
provided under the contract during the time the contract was in 7,439
effect, regardless of the reason for the termination, including
the insolvency of the health insuring corporation; 7,440
(13) A provision requiring those terms that are used in 7,442
the contract and that are defined by this chapter, be used in the 7,444
contract in a manner consistent with those definitions. 7,445
This division does not apply to the coverage of 7,447
beneficiaries enrolled in Title XVIII of the "Social Security 7,451
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, pursuant 7,455
to a medicare risk contract or medicare cost contract, or to the 7,456
168
coverage of beneficiaries enrolled in the federal employee health 7,457
benefits program pursuant to 5 U.S.C.A. 8905, or to the coverage 7,460
of beneficiaries enrolled in Title XIX of the "Social Security 7,464
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, known as 7,468
the medical assistance program or medicaid, provided by the Ohio 7,469
department of human JOB AND FAMILY services under Chapter 5111. 7,471
of the Revised Code, or to the coverage of beneficiaries under 7,474
any federal health care program regulated by a federal regulatory 7,475
body, or to the coverage of beneficiaries under any contract 7,476
covering officers or employees of the state that has been entered 7,477
into by the department of administrative services. 7,478
(D)(1) No health insuring corporation contract with a 7,481
provider or health care facility shall contain any of the 7,482
following:
(a) A provision that directly or indirectly offers an 7,485
inducement to the provider or health care facility to reduce or 7,486
limit medically necessary health care services to a covered 7,487
enrollee;
(b) A provision that penalizes a provider or health care 7,490
facility that assists an enrollee to seek a reconsideration of 7,491
the health insuring corporation's decision to deny or limit 7,492
benefits to the enrollee; 7,493
(c) A provision that limits or otherwise restricts the 7,496
provider's or health care facility's ethical and legal
responsibility to fully advise enrollees about their medical 7,497
condition and about medically appropriate treatment options; 7,499
(d) A provision that penalizes a provider or health care 7,502
facility for principally advocating for medically necessary 7,503
health care services;
(e) A provision that penalizes a provider or health care 7,505
facility for providing information or testimony to a legislative 7,506
or regulatory body or agency. This shall not be construed to 7,507
prohibit a health insuring corporation from penalizing a provider 7,509
or health care facility that provides information or testimony 7,510
169
that is libelous or slanderous or that discloses trade secrets 7,511
which the provider or health care facility has no privilege or 7,512
permission to disclose.
(2) Nothing in this division shall be construed to 7,514
prohibit a health insuring corporation from doing either of the 7,515
following: 7,516
(a) Making a determination not to reimburse or pay for a 7,519
particular medical treatment or other health care service; 7,520
(b) Enforcing reasonable peer review or utilization review 7,523
protocols, or determining whether a particular provider or health 7,524
care facility has complied with these protocols. 7,525
(E) Any contract between a health insuring corporation and 7,528
an intermediary organization shall clearly specify that the 7,529
health insuring corporation must approve or disapprove the 7,530
participation of any provider or health care facility with which 7,531
the intermediary organization contracts. 7,532
(F) If an intermediary organization that is not a health 7,534
delivery network contracting solely with self-insured employers 7,535
subcontracts with a provider or health care facility, the 7,536
subcontract with the provider or health care facility shall do 7,537
all of the following:
(1) Contain the provisions required by divisions (C) and 7,540
(G) of this section, as made applicable to an intermediary 7,541
organization, without the inclusion of inducements or penalties 7,542
described in division (D) of this section; 7,543
(2) Acknowledge that the health insuring corporation is a 7,545
third-party beneficiary to the agreement; 7,546
(3) Acknowledge the health insuring corporation's role in 7,548
approving the participation of the provider or health care 7,549
facility, pursuant to division (E) of this section. 7,551
(G) Any provider contract or contract with a health care 7,554
facility shall clearly specify the health insuring corporation's 7,555
statutory responsibility to monitor and oversee the offering of 7,556
covered health care services to its enrollees. 7,557
170
(H)(1) A health insuring corporation shall maintain its 7,560
provider contracts and its contracts with health care facilities 7,561
at one or more of its places of business in this state, and shall 7,562
provide copies of these contracts to facilitate regulatory review 7,563
upon written notice by the superintendent of insurance. 7,564
(2) Any contract with an intermediary organization that 7,566
accepts compensation shall include provisions requiring the 7,568
intermediary organization to provide the superintendent with 7,569
regulatory access to all books, records, financial information, 7,570
and documents related to the provision of health care services to 7,571
subscribers and enrollees under the contract. The contract shall 7,572
require the intermediary organization to maintain such books, 7,573
records, financial information, and documents at its principal 7,574
place of business in this state and to preserve them for at least 7,575
three years in a manner that facilitates regulatory review. 7,576
(I)(1) A health insuring corporation shall notify its 7,579
affected enrollees of the termination of a contract for the 7,580
provision of health care services between the health insuring 7,581
corporation and a primary care physician or hospital, by mail, 7,583
within thirty days after the termination of the contract. 7,584
(a) Notice shall be given to subscribers of the 7,586
termination of a contract with a primary care physician if the 7,587
subscriber, or a dependent covered under the subscriber's health 7,588
care coverage, has received health care services from the primary 7,590
care physician within the previous twelve months or if the 7,591
subscriber or dependent has selected the physician as the
subscriber's or dependent's primary care physician within the 7,592
previous twelve months. 7,593
(b) Notice shall be given to subscribers of the 7,595
termination of a contract with a hospital if the subscriber, or a 7,597
dependent covered under the subscriber's health care coverage,
has received health care services from that hospital within the 7,598
previous twelve months. 7,599
(2) The health insuring corporation shall pay, in 7,601
171
accordance with the terms of the contract, for all covered health 7,603
care services rendered to an enrollee by a primary care physician 7,604
or hospital between the date of the termination of the contract 7,605
and five days after the notification of the contract termination 7,606
is mailed to a subscriber at the subscriber's last known address. 7,607
(J) Divisions (A) and (B) of this section do not apply to 7,610
any health insuring corporation that, on June 4, 1997, holds a 7,611
certificate of authority or license to operate under Chapter 7,613
1740. of the Revised Code. 7,614
(K) Nothing in this section shall restrict the governing 7,616
body of a hospital from exercising the authority granted it 7,617
pursuant to section 3701.351 of the Revised Code. 7,618
Sec. 1751.20. (A) No health insuring corporation, or 7,628
agent, employee, or representative of a health insuring 7,629
corporation, shall use any advertisement or solicitation 7,630
document, or shall engage in any activity, that is unfair, 7,631
untrue, misleading, or deceptive.
(B) No health insuring corporation shall use a name that 7,634
is deceptively similar to the name or description of any 7,635
insurance or surety corporation doing business in this state. 7,636
(C) All solicitation documents, advertisements, evidences 7,639
of coverage, and enrollee identification cards used by a health 7,640
insuring corporation shall contain the health insuring 7,641
corporation's name. The use of a trade name, an insurance group 7,642
designation, the name of a parent company, the name of a division 7,643
of an affiliated insurance company, a service mark, a slogan, a 7,644
symbol, or other device, without the name of the health insuring 7,645
corporation as stated in its articles of incorporation, shall not 7,646
satisfy this requirement if the usage would have the capacity and 7,647
tendency to mislead or deceive persons as to the true identity of 7,648
the health insuring corporation. 7,649
(D) No solicitation document or advertisement used by a 7,652
health insuring corporation shall contain any words, symbols, or 7,653
physical materials that are so similar in content, phraseology, 7,654
172
shape, color, or other characteristic to those used by an agency 7,655
of the federal government or this state, that prospective 7,656
enrollees may be led to believe that the solicitation document or 7,657
advertisement is connected with an agency of the federal 7,658
government or this state. 7,659
(E) A health insuring corporation that provides basic 7,661
health care services may use the phrase "health maintenance 7,663
organization" or the abbreviation "HMO" in its marketing name, 7,664
advertising, solicitation documents, or marketing literature, or 7,666
in reference to the phrase "doing business as" or the
abbreviation "DBA." 7,667
(F) This section does not apply to the coverage of 7,669
beneficiaries enrolled in Title XVIII of the "Social Security 7,671
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, pursuant 7,674
to a medicare risk contract or medicare cost contract, or to the 7,675
coverage of beneficiaries enrolled in the federal employee health 7,676
benefits program pursuant to 5 U.S.C.A. 8905, or to the coverage 7,678
of beneficiaries enrolled in Title XIX of the "Social Security 7,679
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, known as 7,681
the medical assistance program or medicaid, provided by the Ohio 7,682
department of human JOB AND FAMILY services under Chapter 5111.
of the Revised Code, or to the coverage of beneficiaries under 7,683
any federal health care program regulated by a federal regulatory 7,684
body, or to the coverage of beneficiaries under any contract 7,686
covering officers or employees of the state that has been entered 7,687
into by the department of administrative services. 7,688
Sec. 1751.31. (A) Any changes in a health insuring 7,698
corporation's solicitation document shall be filed with the 7,699
superintendent of insurance. The superintendent, within sixty 7,700
days of filing, may disapprove any solicitation document or 7,701
amendment to it on any of the grounds stated in this section. 7,702
Such disapproval shall be effected by written notice to the 7,703
health insuring corporation. The notice shall state the grounds 7,704
for disapproval and shall be issued in accordance with Chapter 7,705
173
119. of the Revised Code. 7,706
(B) The solicitation document shall contain all 7,709
information necessary to enable a consumer to make an informed 7,710
choice as to whether or not to enroll in the health insuring 7,711
corporation. The information shall include a specific 7,712
description of the health care services to be available and the 7,713
approximate number and type of full-time equivalent medical 7,714
practitioners. The information shall be presented in the 7,715
solicitation document in a manner that is clear, concise, and 7,716
intelligible to prospective applicants in the proposed service 7,717
area.
(C) Every potential applicant whose subscription to a 7,720
health care plan is solicited shall receive, at or before the 7,721
time of solicitation, a solicitation document approved by the 7,722
superintendent.
(D) Notwithstanding division (A) of this section, a health 7,725
insuring corporation may use a solicitation document that the 7,726
corporation uses in connection with policies for beneficiaries of 7,727
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 7,729
U.S.C.A. 301, as amended, pursuant to a medicare risk contract or 7,731
medicare cost contract, or for policies for beneficiaries of the 7,732
federal employees health benefits program pursuant to 5 U.S.C.A. 7,734
8905, or for policies for beneficiaries of Title XIX of the 7,736
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as 7,739
amended, known as the medical assistance program or medicaid, 7,740
provided by the Ohio department of human JOB AND FAMILY services 7,741
under Chapter 5111. of the Revised Code, or for policies for 7,743
beneficiaries of any other federal health care program regulated 7,744
by a federal regulatory body, or for policies for beneficiaries 7,745
of contracts covering officers or employees of the state entered 7,746
into by the department of administrative services, if both of the 7,748
following apply: 7,749
(1) The solicitation document has been approved by the 7,751
United States department of health and human services, the United 7,752
174
States office of personnel management, the Ohio department of 7,754
human JOB AND FAMILY services, or the department of 7,755
administrative services. 7,756
(2) The solicitation document is filed with the 7,758
superintendent of insurance prior to use and is accompanied by 7,759
documentation of approval from the United States department of 7,762
health and human services, the United States office of personnel 7,763
management, the Ohio department of human JOB AND FAMILY services, 7,765
or the department of administrative services.
(E) No health insuring corporation, or its agents or 7,768
representatives, shall use monetary or other valuable 7,769
consideration, engage in misleading or deceptive practices, or 7,770
make untrue, misleading, or deceptive representations to induce 7,771
enrollment. Nothing in this division shall prohibit incentive 7,772
forms of remuneration such as commission sales programs for the 7,773
health insuring corporation's employees and agents. 7,774
(F) Any person obligated for any part of a premium rate in 7,777
connection with an enrollment agreement, in addition to any right 7,778
otherwise available to revoke an offer, may cancel such agreement 7,779
within seventy-two hours after having signed the agreement or 7,780
offer to enroll. Cancellation occurs when written notice of the 7,781
cancellation is given to the health insuring corporation or its 7,782
agents or other representatives. A notice of cancellation mailed 7,783
to the health insuring corporation shall be considered to have 7,784
been filed on its postmark date. 7,785
(G) Nothing in this section shall prohibit healthy 7,787
lifestyle programs. 7,788
Sec. 1925.04. (A) An action is commenced in the small 7,797
claims division when the plaintiff, or the plaintiff's attorney, 7,799
states the amount and nature of the plaintiff's claim to the
court as provided in this section. The commencement constitutes 7,801
a waiver of any right of the plaintiff to trial by jury upon such 7,802
action. At the time of the commencement of an action, the 7,803
plaintiff, or the plaintiff's attorney, shall pay both of the 7,805
175
following:
(1) A filing fee as determined by the court; 7,807
(2) The sum required by division (C) of section 1901.26 or 7,810
division (C) of section 1907.24 of the Revised Code.
(B) The plaintiff, or the plaintiff's attorney, shall 7,812
state to the administrative assistant or other official 7,814
designated by the court, the plaintiff's and the defendant's 7,815
place of residence, the military status of the defendant, and the 7,816
nature and amount of the plaintiff's claim. The claim shall be 7,817
reduced to writing in concise, nontechnical form. Such writing 7,819
shall be signed by the plaintiff, or the plaintiff's attorney, 7,820
under oath.
A memorandum of the time and place set for trial shall be 7,822
given to the person signing the writing. The time set for such 7,823
trial shall be not less than fifteen or more than forty days 7,824
after the commencement of the action. 7,825
If taxes are sought to be recovered in the action, an 7,827
authorized employee of a political subdivision or an authorized 7,828
officer or employee of the state, as defined in section 1925.02 7,830
of the Revised Code, may commence the action. If an action is 7,831
brought on behalf of a county department of human JOB AND FAMILY 7,832
services, a representative of the prosecuting attorney of the 7,833
county, designated under section 1925.18 of the Revised Code, may 7,834
commence the action. 7,835
Sec. 1925.13. (A) The court, in its discretion, may order 7,844
that the judgment, interest, and costs be paid at a certain date 7,845
or by specified weekly installments, and, during compliance with 7,846
the order, the court may stay the issue of execution and other 7,847
proceedings in aid of execution. The court may modify or vacate 7,849
the stay at any time. 7,850
Except as otherwise provided in this section, a judgment 7,852
creditor may commence any proceedings to obtain satisfaction of 7,854
the judgment, including execution and garnishment proceedings, 7,855
that are permitted to obtain satisfaction of a judgment rendered 7,856
176
in an ordinary civil action. In the case of an action commenced 7,857
by a county department of human JOB AND FAMILY services employee 7,859
designated under section 1925.18 of the Revised Code to represent 7,860
the prosecuting attorney of the county in commencement of the 7,861
action, the county department of human JOB AND FAMILY services is 7,862
the judgment creditor. 7,863
If an authorized employee of a political subdivision or an 7,865
authorized officer or employee of the state, as defined in 7,866
section 1925.02 of the Revised Code, prevails in an action to 7,869
recover taxes, the authorized person may use any means provided 7,870
by law to obtain satisfaction of the judgment, including the 7,871
provisions of division (B) of this section.
If a party is not represented by counsel, the court, upon 7,873
payment of court costs, shall explain to the parties and assist 7,874
the parties in the preparation and filing of, and supply the 7,875
parties with any necessary forms for, proceedings in aid of 7,876
execution to collect and enforce judgments. 7,877
(B) If, within thirty days after judgment, the judgment is 7,879
not satisfied and the parties have not otherwise agreed, the 7,880
court, upon the request of the judgment creditor, shall order the 7,881
judgment debtor to file, on a form prepared by the court, a list 7,882
of the judgment debtor's assets, liabilities, and personal 7,883
earnings. The form shall contain a notice that failure to 7,885
complete the form and return it to the court within one week 7,886
after receipt may result in a citation for contempt of court. 7,887
Any party who, with notice of the possible contempt citation, 7,888
willfully fails to comply with the order of the court may be 7,889
cited for contempt of court as provided in Chapter 2705. of the 7,890
Revised Code.
Sec. 1925.18. (A)(1) Subject to division (A)(2) of this 7,899
section, a prosecuting attorney of a county may designate any 7,900
employee of a county department of human JOB AND FAMILY services 7,901
to act as his THE PROSECUTING ATTORNEY'S representative in the 7,904
commencement and prosecution or defense of any action in the 7,905
177
small claims division of a municipal or county court on behalf of 7,906
the department.
(2)(a) If the prosecuting attorney designates as his THE 7,908
PROSECUTING ATTORNEY'S representative an employee of the 7,910
department who is not an attorney, the employee may file and 7,911
present the claim or defense of the department in the action if 7,912
the employee does not, in the absence of the representation of 7,913
the department by an attorney, engage in cross-examination, 7,914
argument, or other acts of advocacy.
(b) If the prosecuting attorney designates as his THE 7,916
PROSECUTING ATTORNEY'S representative an employee of the 7,918
department who is an attorney, the employee may file and 7,919
prosecute or defend fully the claim or defense of the department 7,920
in the action.
(B) Division (A) of this section does not preclude the 7,922
appearance of the prosecuting attorney on behalf of a county 7,923
department of human JOB AND FAMILY services as provided in 7,924
section 309.09 of the Revised Code. 7,926
Sec. 2101.11. (A)(1) The probate judge shall have the 7,935
care and custody of the files, papers, books, and records 7,936
belonging to the probate court. The probate judge is authorized 7,938
to perform the duties of clerk of the judge's court. The probate 7,940
judge may appoint deputy clerks, stenographers, a bailiff, and 7,941
any other necessary employees, each of whom shall take an oath of 7,942
office before entering upon the duties of the employee's 7,943
appointment and, when so qualified, may perform the duties 7,945
appertaining to the office of clerk of the court.
(2)(a) The probate judge shall provide for one or more 7,947
probate court investigators to perform the duties that are 7,948
established for a probate court investigator by the Revised Code 7,949
or the probate judge. The probate judge may provide for an 7,950
investigator in any of the following manners, as the court 7,951
determines is appropriate: 7,952
(i) By appointing a person as a full-time or part-time 7,954
178
employee of the probate court to serve as investigator, or by 7,955
designating a current full-time or part-time employee of the 7,956
probate court to serve as investigator; 7,957
(ii) By contracting with a person to serve and be 7,959
compensated as investigator only when needed by the probate 7,960
court, as determined by the court, and by designating that person 7,961
as a probate court investigator during the times when the person 7,962
is performing the duties of an investigator for the court; 7,963
(iii) By entering into an agreement with another 7,965
department or agency of the county, including, but not limited 7,966
to, the sheriff's department or the county department of human 7,967
JOB AND FAMILY services, pursuant to which an employee of the 7,968
other department or agency will serve and perform the duties of 7,969
investigator for the court, upon request of the probate judge, 7,970
and designating that employee as a probate court investigator 7,971
during the times when the person is performing the duties of an 7,972
investigator for the court. 7,973
(b) Each person appointed or otherwise designated as a 7,975
probate court investigator shall take an oath of office before 7,976
entering upon the duties of the person's appointment. When so 7,978
qualified, an investigator may perform the duties that are 7,979
established for a probate court investigator by the Revised Code 7,980
or the probate judge. 7,981
(c) Except as otherwise provided in this division, a 7,983
probate court investigator shall hold at least a bachelor's 7,984
degree in social work, psychology, education, special education, 7,985
or a related human services field. A probate judge may waive the 7,986
education requirement of this division for a person the judge 7,987
appoints or otherwise designates as a probate court investigator 7,988
if the judge determines that the person has experience in human 7,989
FAMILY services work that is equivalent to the required 7,990
education.
(d) Within one year after appointment or designation, a 7,993
probate court investigator shall attend an orientation course of 7,994
179
at least six hours, and each calendar year after the calendar
year of appointment or designation, a probate court investigator 7,996
shall satisfactorily complete at least six hours of continuing 7,997
education.
(e) For purposes of divisions (A)(4), (B), and (C) of this 7,999
section, a person designated as a probate court investigator 8,000
under division (A)(2)(a)(ii) or (iii) of this section shall be 8,001
considered an appointee of the probate court at any time that the 8,002
person is performing the duties established under the Revised 8,003
Code or by the probate judge for a probate court investigator. 8,004
(3)(a) The probate judge may provide for one or more 8,006
persons to perform the duties of an assessor under sections 8,007
3107.031, 3107.082, 3107.09, and 3107.12 of the Revised Code or 8,010
may enter into agreements with public children services agencies, 8,011
private child placing agencies, or private noncustodial agencies 8,012
under which the agency provides for one or more persons to 8,013
perform the duties of an assessor. A probate judge who provides 8,014
for an assessor shall do so in either of the following manners, 8,016
as the judge considers appropriate:
(i) By appointing a person as a full-time or part-time 8,019
employee of the probate court to serve as assessor, or by 8,020
designating a current full-time or part-time employee of the
probate court to serve as assessor; 8,021
(ii) By contracting with a person to serve and be 8,023
compensated as assessor only when needed by the probate court, as 8,025
determined by the court, and by designating that person as an
assessor during the times when the person is performing the 8,026
duties of an assessor for the court. 8,027
(b) Each person appointed or designated as a probate court 8,030
assessor shall take an oath of office before entering on the 8,031
duties of the person's appointment.
(c) A probate court assessor must meet the qualifications 8,034
for an assessor established by section 3107.012 of the Revised 8,035
Code. 8,036
180
(d) A probate court assessor shall perform additional 8,039
duties, including duties of an investigator under division (A)(2) 8,040
of this section, when the probate judge assigns additional duties 8,041
to the assessor. 8,042
(e) For purposes of divisions (A)(4), (B), and (C) of this 8,047
section, a person designated as a probate court assessor shall be 8,048
considered an appointee of the probate court at any time that the 8,049
person is performing assessor duties. 8,050
(4) Each appointee of the probate judge may administer 8,052
oaths in all cases when necessary, in the discharge of official 8,054
duties.
(B)(1)(a) Subject to the appropriation made by the board 8,056
of county commissioners pursuant to this division, each appointee 8,057
of a probate judge under division (A) of this section shall 8,058
receive such compensation and expenses as the judge determines 8,059
and shall serve during the pleasure of the judge. The 8,060
compensation of each appointee shall be paid in semimonthly 8,061
installments by the county treasurer from the county treasury, 8,062
upon the warrants of the county auditor, certified to by the 8,063
judge. 8,064
(b) Except as otherwise provided in the Revised Code, the 8,066
total compensation paid to all appointees of the probate judge in 8,067
any calendar year shall not exceed the total fees earned by the 8,068
probate court during the preceding calendar year, unless the 8,069
board of county commissioners approves otherwise. 8,070
(2) The probate judge annually shall submit a written 8,072
request for an appropriation to the board of county commissioners 8,073
that shall set forth estimated administrative expenses of the 8,074
court, including the salaries of appointees as determined by the 8,075
judge and any other costs, fees, and expenses, including, but not 8,076
limited to, those enumerated in section 5123.96 of the Revised 8,077
Code, that the judge considers reasonably necessary for the 8,078
operation of the court. The board shall conduct a public hearing 8,079
with respect to the written request submitted by the judge and 8,080
181
shall appropriate such sum of money each year as it determines, 8,081
after conducting the public hearing and considering the written 8,082
request of the judge, is reasonably necessary to meet all the 8,083
administrative expenses of the court, including the salaries of 8,084
appointees as determined by the judge and any other costs, fees, 8,085
and expenses, including, but not limited to, the costs, fees, and 8,086
expenses enumerated in section 5123.96 of the Revised Code. 8,087
If the judge considers the appropriation made by the board 8,089
pursuant to this division insufficient to meet all the 8,090
administrative expenses of the court, the judge shall commence an 8,092
action under Chapter 2731. of the Revised Code in the court of 8,093
appeals for the judicial district for a determination of the duty 8,094
of the board of county commissioners to appropriate the amount of 8,095
money in dispute. The court of appeals shall give priority to 8,096
the action filed by the probate judge over all cases pending on 8,097
its docket. The burden shall be on the probate judge to prove 8,098
that the appropriation requested is reasonably necessary to meet 8,099
all administrative expenses of the court. If, prior to the 8,100
filing of an action under Chapter 2731. of the Revised Code or 8,101
during the pendency of the action, the judge exercises the 8,102
judge's contempt power in order to obtain the sum of money in 8,104
dispute, the judge shall not order the imprisonment of any member 8,106
of the board of county commissioners notwithstanding sections 8,107
2705.02 to 2705.06 of the Revised Code. 8,108
(C) The probate judge may require any of the judge's 8,110
appointees to give bond in the sum of not less than one thousand 8,112
dollars, conditioned for the honest and faithful performance of 8,113
the appointee's duties. The sureties on the bonds shall be 8,115
approved in the manner provided in section 2101.03 of the Revised 8,116
Code.
The judge is personally liable for the default, 8,118
malfeasance, or nonfeasance of any such appointee, but, if a bond 8,119
is required of the appointee, the liability of the judge is 8,120
limited to the amount by which the loss resulting from the 8,121
182
default, malfeasance, or nonfeasance exceeds the amount of the 8,122
bond. 8,123
All bonds required to be given in the probate court, on 8,125
being accepted and approved by the probate judge, shall be filed 8,126
in the judge's office. 8,127
Sec. 2101.16. (A) The fees enumerated in this division 8,136
shall be charged and collected, if possible, by the probate judge 8,137
and shall be in full for all services rendered in the respective 8,138
proceedings: 8,139
(1) Account, in addition to advertising charges..........$12.00 8,143
Waivers and proof of notice of hearing on account, 8,145
per page, minimum one dollar......................$ 1.00 8,147
(2) Account of distribution, in addition to advertising 8,149
charges...........................................$ 7.00 8,150
(3) Adoption of child, petition for......................$50.00 8,152
(4) Alter or cancel contract for sale or purchase of real 8,154
estate, petition to...............................$20.00 8,156
(5) Application and order not otherwise provided for in 8,158
this section or by rule adopted pursuant to 8,159
division (E) of this section......................$ 5.00 8,161
(6) Appropriation suit, per day, hearing in..............$20.00 8,164
(7) Birth, application for registration of...............$ 7.00 8,167
(8) Birth record, application to correct.................$ 5.00 8,170
(9) Bond, application for new or additional..............$ 5.00 8,173
(10) Bond, application for release of surety or reduction 8,175
of................................................$ 5.00 8,176
(11) Bond, receipt for securities deposited in lieu of....$ 5.00 8,179
(12) Certified copy of journal entry, record, or 8,181
proceeding, per page, minimum fee one dollar......$ 1.00 8,183
(13) Citation and issuing citation, application for.......$ 5.00 8,186
(14) Change of name, petition for.........................$20.00 8,189
(15) Claim, application of administrator or executor for 8,191
allowance of administrator's or executor's own....$10.00 8,192
(16) Claim, application to compromise or settle...........$10.00 8,194
183
(17) Claim, authority to present..........................$10.00 8,197
(18) Commissioner, appointment of.........................$ 5.00 8,200
(19) Compensation for extraordinary services and 8,202
attorney's fees for fiduciary, application for....$ 5.00 8,204
(20) Competency, application to procure adjudication of...$20.00 8,207
(21) Complete contract, application to....................$10.00 8,210
(22) Concealment of assets, citation for..................$10.00 8,213
(23) Construction of will, petition for...................$20.00 8,216
(24) Continue decedent's business, application to.........$10.00 8,219
Monthly reports of operation.........................$ 5.00 8,223
(25) Declaratory judgment, petition for...................$20.00 8,226
(26) Deposit of will......................................$ 5.00 8,229
(27) Designation of heir..................................$20.00 8,232
(28) Distribution in kind, application, assent, and order 8,234
for...............................................$ 5.00 8,235
(29) Distribution under section 2109.36 of the Revised 8,237
Code, application for an order of.................$ 7.00 8,239
(30) Docketing and indexing proceedings, including the 8,241
filing and noting of all necessary documents, 8,242
maximum fee, fifteen dollars......................$15.00 8,243
(31) Exceptions to any proceeding named in this section, 8,245
contest of appointment or.........................$10.00 8,247
(32) Election of surviving partner to purchase assets of 8,249
partnership, proceedings relating to..............$10.00 8,251
(33) Election of surviving spouse under will..............$ 5.00 8,254
(34) Fiduciary, including an assignee or trustee of an 8,256
insolvent debtor or any guardian or conservator 8,257
accountable to the probate court, appointment of..$35.00 8,259
(35) Foreign will, application to record..................$10.00 8,262
Record of foreign will, additional, per page.........$ 1.00 8,265
(36) Forms when supplied by the probate court, not to 8,267
exceed............................................$10.00 8,269
(37) Heirship, petition to determine......................$20.00 8,272
(38) Injunction proceedings...............................$20.00 8,275
184
(39) Improve real estate, petition to.....................$20.00 8,278
(40) Inventory with appraisement..........................$10.00 8,281
(41) Inventory without appraisement.......................$ 7.00 8,284
(42) Investment or expenditure of funds, application for..$10.00 8,287
(43) Invest in real estate, application to................$10.00 8,290
(44) Lease for oil, gas, coal, or other mineral, petition 8,292
to................................................$20.00 8,293
(45) Lease or lease and improve real estate, petition to..$20.00 8,296
(46) Marriage license.....................................$10.00 8,299
Certified abstract of each marriage..................$ 2.00 8,302
(47) Minor or mentally ill person, etc., disposal of 8,304
estate under ten thousand dollars of..............$10.00 8,306
(48) Mortgage or mortgage and repair or improve real 8,308
estate, petition to...............................$20.00 8,310
(49) Newly discovered assets, report of...................$ 7.00 8,313
(50) Nonresident executor or administrator to bar 8,315
creditors' claims, proceedings by.................$20.00 8,317
(51) Power of attorney or revocation of power, bonding 8,319
company...........................................$10.00 8,320
(52) Presumption of death, petition to establish..........$20.00 8,323
(53) Probating will.......................................$15.00 8,326
Proof of notice to beneficiaries.....................$ 5.00 8,329
(54) Purchase personal property, application of surviving 8,331
spouse to.........................................$10.00 8,333
(55) Purchase real estate at appraised value, petition of 8,335
surviving spouse to...............................$20.00 8,337
(56) Receipts in addition to advertising charges, 8,339
application and order to record...................$ 5.00 8,341
Record of those receipts, additional, per page.......$ 1.00 8,344
(57) Record in excess of fifteen hundred words in any 8,346
proceeding in the probate court, per page.........$ 1.00 8,348
(58) Release of estate by mortgagee or other lienholder...$ 5.00 8,351
(59) Relieving estate from administration.................$60.00 8,354
(60) Removal of fiduciary, application for................$10.00 8,357
185
(61) Requalification of executor or administrator.........$10.00 8,360
(62) Resignation of fiduciary.............................$ 5.00 8,363
(63) Sale bill, public sale of personal property..........$10.00 8,366
(64) Sale of personal property and report, application 8,368
for...............................................$10.00 8,369
(65) Sale of real estate, petition for....................$25.00 8,372
(66) Terminate guardianship, petition to..................$10.00 8,375
(67) Transfer of real estate, application, entry, and 8,377
certificate for...................................$ 7.00 8,379
(68) Unclaimed money, application to invest...............$ 7.00 8,382
(69) Vacate approval of account or order of distribution, 8,383
motion to.........................................$10.00 8,384
(70) Writ of execution....................................$ 5.00 8,387
(71) Writ of possession...................................$ 5.00 8,390
(72) Wrongful death, application and settlement of claim 8,392
for...............................................$20.00 8,393
(73) Year's allowance, petition to review.................$ 7.00 8,395
(74) Guardian's report, filing and review of..............$ 5.00 8,398
(B)(1) In relation to an application for the appointment 8,401
of a guardian or the review of a report of a guardian under 8,402
section 2111.49 of the Revised Code, the probate court, pursuant 8,403
to court order or in accordance with a court rule, may direct 8,404
that the applicant or the estate pay any or all of the expenses 8,405
of an investigation conducted pursuant to section 2111.041 or 8,406
division (A)(2) of section 2111.49 of the Revised Code. If the 8,407
investigation is conducted by a public employee or investigator 8,408
who is paid by the county, the fees for the investigation shall 8,409
be paid into the county treasury. If the court finds that an 8,410
alleged incompetent or a ward is indigent, the court may waive 8,411
the costs, fees, and expenses of an investigation. 8,412
(2) In relation to the appointment or functioning of a 8,414
guardian for a minor or the guardianship of a minor, the probate 8,415
court may direct that the applicant or the estate pay any or all 8,417
of the expenses of an investigation conducted pursuant to section 8,418
186
2111.042 of the Revised Code. If the investigation is conducted 8,419
by a public employee or investigator who is paid by the county,
the fees for the investigation shall be paid into the county 8,420
treasury. If the court finds that the guardian or applicant is 8,421
indigent, the court may waive the costs, fees, and expenses of an 8,423
investigation.
(C) Thirty dollars of the thirty-five-dollar fee collected 8,425
pursuant to division (A)(34) of this section and twenty dollars 8,426
of the sixty-dollar fee collected pursuant to division (A)(59) of 8,428
this section shall be deposited by the county treasurer in the 8,429
indigent guardianship fund created pursuant to section 2111.51 of 8,430
the Revised Code.
(D) The fees of witnesses, jurors, sheriffs, coroners, and 8,432
constables for services rendered in the probate court or by order 8,433
of the probate judge shall be the same as provided for like 8,434
services in the court of common pleas. 8,435
(E) The probate court, by rule, may require an advance 8,437
deposit for costs, not to exceed one hundred twenty-five dollars, 8,438
at the time application is made for an appointment as executor or 8,439
administrator or at the time a will is presented for probate. 8,440
(F) The probate court, by rule, shall establish a 8,442
reasonable fee, not to exceed fifty dollars, for the filing of a 8,443
petition for the release of information regarding an adopted 8,444
person's name by birth and the identity of the adopted person's 8,446
biological parents and biological siblings pursuant to section
3107.41 of the Revised Code, all proceedings relative to the 8,448
petition, the entry of an order relative to the petition, and all 8,449
services required to be performed in connection with the 8,450
petition. The probate court may use a reasonable portion of a 8,451
fee charged under authority of this division to reimburse any 8,452
agency, as defined in section 3107.39 of the Revised Code, for 8,453
any services it renders in performing a task described in section 8,454
3107.41 of the Revised Code relative to or in connection with the 8,455
petition for which the fee was charged. 8,456
187
(G) Thirty dollars of the fifty-dollar fee collected 8,458
pursuant to division (A)(3) of this section shall be deposited 8,459
into the "putative father registry fund," which is hereby created 8,460
in the state treasury. The department of human JOB AND FAMILY 8,461
services shall use the money in the fund to fund the department's 8,462
costs of performing its duties related to the putative father 8,463
registry established under section 3107.062 of the Revised Code. 8,464
Sec. 2113.06. Administration of the estate of an intestate 8,473
shall be granted to persons mentioned in this section, in the 8,474
following order: 8,475
(A) To the surviving spouse of the deceased, if resident 8,477
of the state; 8,478
(B) To one of the next of kin of the deceased, resident of 8,480
the state. 8,481
If the persons entitled to administer the estate fail to 8,483
take or renounce administration voluntarily, they shall be cited 8,484
by the probate court for that purpose. 8,485
If there are no persons entitled to administration, or if 8,487
they are for any reason unsuitable for the discharge of the 8,488
trust, or if without sufficient cause they neglect to apply 8,489
within a reasonable time for the administration of the estate, 8,490
their right to priority shall be lost, and the court shall commit 8,491
the administration to some suitable person who is a resident of 8,492
the state, or to the attorney general or the attorney general's 8,493
designee, if the department of human JOB AND FAMILY services is 8,494
seeking to recover medical assistance from the deceased pursuant 8,496
to section 5111.11 or 5111.111 of the Revised Code. Such person 8,497
may be a creditor of the estate.
This section applies to the appointment of an administrator 8,499
de bonis non. 8,500
Sec. 2151.152. The juvenile judge may enter into an 8,509
agreement with the department of human JOB AND FAMILY services 8,511
pursuant to section 5101.11 of the Revised Code for the purpose 8,512
of reimbursing the court for foster care maintenance costs and
188
associated administrative and training costs incurred on behalf 8,513
of a child in the temporary or permanent custody of the court and 8,514
eligible for payments under Title IV-E of the "Social Security 8,515
Act," 94 Stat. 501, 42 U.S.C.A. 670 (1980). The agreement shall 8,516
govern the responsibilities and duties the court shall perform in 8,517
providing services to the child.
Sec. 2151.232. If an acknowledgment has been filed and 8,526
entered into the birth registry pursuant to section 5101.314 of 8,527
the Revised Code but has not yet become final, either parent who 8,529
signed the acknowledgment may bring an action in the juvenile 8,530
court under this section requesting that the court issue an order 8,531
requiring a parent of the child to pay an amount for the support 8,532
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 8,534
issue of the existence or nonexistence of a parent-child 8,535
relationship. If an action is commenced pursuant to this section 8,536
and the issue of the existence or nonexistence of a parent-child 8,537
relationship is raised, the court shall treat the action as an 8,538
action commenced pursuant to sections 3111.01 to 3111.19 of the 8,539
Revised Code. If the issue is raised, the court shall promptly 8,541
notify the division of child support in the department of human 8,542
JOB AND FAMILY services that it is conducting proceedings in 8,544
compliance with sections 3111.01 to 3111.19 of the Revised Code. 8,545
On receipt of the notice by the division, the acknowledgment of
paternity signed by the parties and filed pursuant to section 8,547
5101.314 of the Revised Code shall be considered rescinded. 8,548
If the parties do not raise the issue of the existence or 8,550
nonexistence of a parent-child relationship in the action and an 8,551
order is issued pursuant to this section prior to the date the 8,552
acknowledgment filed and entered on the birth registry under 8,553
section 5101.314 of the Revised Code becomes final, the 8,555
acknowledgment shall be considered final as of the date of the 8,556
issuance of the order. An order issued pursuant to this section
189
shall not affect an acknowledgment that becomes final pursuant to 8,557
section 5101.314 of the Revised Code prior to the issuance of the 8,560
order.
Sec. 2151.281. (A) The court shall appoint a guardian ad 8,569
litem to protect the interest of a child in any proceeding 8,570
concerning an alleged or adjudicated delinquent child or unruly 8,571
child when either of the following applies: 8,572
(1) The child has no parent, guardian, or legal custodian. 8,574
(2) The court finds that there is a conflict of interest 8,576
between the child and the child's parent, guardian, or legal 8,577
custodian. 8,578
(B)(1) The court shall appoint a guardian ad litem to 8,580
protect the interest of a child in any proceeding concerning an 8,581
alleged abused or neglected child and in any proceeding held 8,582
pursuant to section 2151.414 of the Revised Code. The guardian 8,583
ad litem so appointed shall not be the attorney responsible for 8,584
presenting the evidence alleging that the child is an abused or 8,585
neglected child and shall not be an employee of any party in the 8,586
proceeding. 8,587
(2) The guardian ad litem appointed for an alleged or 8,589
adjudicated abused or neglected child may bring a civil action 8,591
against any person, who is required by division (A)(1) of section 8,592
2151.421 of the Revised Code to file a report of known or
suspected child abuse or child neglect, if that person knows or 8,593
suspects that the child for whom the guardian ad litem is 8,594
appointed is the subject of child abuse or child neglect and does 8,595
not file the required report and if the child suffers any injury 8,596
or harm as a result of the known or suspected child abuse or 8,597
child neglect or suffers additional injury or harm after the 8,599
failure to file the report.
(C) In any proceeding concerning an alleged or adjudicated 8,601
delinquent, unruly, abused, neglected, or dependent child in 8,602
which the parent appears to be mentally incompetent or is under 8,603
eighteen years of age, the court shall appoint a guardian ad 8,604
190
litem to protect the interest of that parent. 8,605
(D) The court shall require the guardian ad litem to 8,607
faithfully discharge the guardian ad litem's duties and, upon the 8,609
guardian ad litem's failure to faithfully discharge the guardian 8,610
ad litem's duties, shall discharge the guardian ad litem and 8,611
appoint another guardian ad litem. The court may fix the 8,612
compensation for the service of the guardian ad litem, which
compensation shall be paid from the treasury of the county. 8,613
(E) A parent who is eighteen years of age or older and not 8,615
mentally incompetent shall be deemed sui juris for the purpose of 8,616
any proceeding relative to a child of the parent who is alleged 8,618
or adjudicated to be an abused, neglected, or dependent child. 8,619
(F) In any case in which a parent of a child alleged or 8,621
adjudicated to be an abused, neglected, or dependent child is 8,622
under eighteen years of age, the parents of that parent shall be 8,623
summoned to appear at any hearing respecting the child, who is 8,624
alleged or adjudicated to be an abused, neglected, or dependent 8,625
child. 8,626
(G) In any case involving an alleged or adjudicated abused 8,628
or neglected child or an agreement for the voluntary surrender of 8,629
temporary or permanent custody of a child that is made in 8,630
accordance with section 5103.15 of the Revised Code, the court 8,631
shall appoint the guardian ad litem in each case as soon as 8,632
possible after the complaint is filed, the request for an 8,633
extension of the temporary custody agreement is filed with the 8,634
court, or the request for court approval of the permanent custody 8,635
agreement is filed. In any case involving an alleged dependent 8,636
child in which the parent of the child appears to be mentally 8,637
incompetent or is under eighteen years of age, there is a 8,638
conflict of interest between the child and the child's parents, 8,639
guardian, or custodian, or the court believes that the parent of 8,640
the child is not capable of representing the best interest of the 8,641
child, the court shall appoint a guardian ad litem for the child. 8,642
The guardian ad litem or the guardian ad litem's replacement 8,643
191
shall continue to serve until any of the following occur: 8,644
(1) The complaint is dismissed or the request for an 8,646
extension of a temporary custody agreement or for court approval 8,647
of the permanent custody agreement is withdrawn or denied; 8,648
(2) All dispositional orders relative to the child have 8,650
terminated; 8,651
(3) The legal custody of the child is granted to a 8,653
relative of the child, or to another person; 8,654
(4) The child is placed in an adoptive home or, at the 8,656
court's discretion, a final decree of adoption is issued with 8,657
respect to the child; 8,658
(5) The child reaches the age of eighteen if the child is 8,660
not mentally retarded, developmentally disabled, or physically 8,662
impaired or the child reaches the age of twenty-one if the child 8,663
is mentally retarded, developmentally disabled, or physically 8,664
impaired; 8,665
(6) The guardian ad litem resigns or is removed by the 8,667
court and a replacement is appointed by the court. 8,668
If a guardian ad litem ceases to serve a child pursuant to 8,670
division (G)(4) of this section and the petition for adoption 8,671
with respect to the child is denied or withdrawn prior to the 8,672
issuance of a final decree of adoption or prior to the date an 8,673
interlocutory order of adoption becomes final, the juvenile court 8,674
shall reappoint a guardian ad litem for that child. The public 8,675
children services agency or private child placing agency with
permanent custody of the child shall notify the juvenile court if 8,676
the petition for adoption is denied or withdrawn. 8,677
(H) If the guardian ad litem for an alleged or adjudicated 8,679
abused, neglected, or dependent child is an attorney admitted to 8,680
the practice of law in this state, the guardian ad litem also may 8,682
serve as counsel to the ward. If a person is serving as guardian 8,683
ad litem and counsel for a child and either that person or the 8,684
court finds that a conflict may exist between the person's roles 8,685
as guardian ad litem and as counsel, the court shall relieve the 8,686
192
person of duties as guardian ad litem and appoint someone else as 8,687
guardian ad litem for the child. If the court appoints a person 8,688
who is not an attorney admitted to the practice of law in this 8,689
state to be a guardian ad litem, the court also may appoint an 8,690
attorney admitted to the practice of law in this state to serve 8,691
as counsel for the guardian ad litem. 8,692
(I) The guardian ad litem for an alleged or adjudicated 8,694
abused, neglected, or dependent child shall perform whatever 8,695
functions are necessary to protect the best interest of the 8,696
child, including, but not limited to, investigation, mediation, 8,697
monitoring court proceedings, and monitoring the services 8,699
provided the child by the public children services agency or 8,700
private child placing agency that has temporary or permanent 8,701
custody of the child, and shall file any motions and other court 8,702
papers that are in the best interest of the child.
The guardian ad litem shall be given notice of all 8,704
hearings, administrative reviews, and other proceedings in the 8,705
same manner as notice is given to parties to the action. 8,706
(J)(1) When the court appoints a guardian ad litem 8,708
pursuant to this section, it shall appoint a qualified volunteer 8,709
whenever one is available and the appointment is appropriate. 8,710
(2) Upon request, the department of human JOB AND FAMILY 8,712
services shall provide for the training of volunteer guardians ad 8,713
litem.
Sec. 2151.353. (A) If a child is adjudicated an abused, 8,722
neglected, or dependent child, the court may make any of the 8,723
following orders of disposition: 8,724
(1) Place the child in protective supervision; 8,726
(2) Commit the child to the temporary custody of a public 8,728
children services agency, a private child placing agency, either 8,729
parent, a relative residing within or outside the state, or a 8,730
probation officer for placement in a certified family foster home 8,732
or in any other home approved by the court;
(3) Award legal custody of the child to either parent or 8,734
193
to any other person who, prior to the dispositional hearing, 8,735
files a motion requesting legal custody of the child; 8,736
(4) Commit the child to the permanent custody of a public 8,738
children services agency or private child placing agency, if the 8,739
court determines in accordance with division (E) of section 8,740
2151.414 of the Revised Code that the child cannot be placed with 8,741
one of the child's parents within a reasonable time or should not 8,742
be placed with either parent and determines in accordance with 8,743
division (D) of section 2151.414 of the Revised Code that the 8,744
permanent commitment is in the best interest of the child. If 8,745
the court grants permanent custody under this division, the 8,746
court, upon the request of any party, shall file a written 8,747
opinion setting forth its findings of fact and conclusions of law 8,748
in relation to the proceeding. 8,749
(5) Place the child in a planned permanent living 8,752
arrangement with a public children services agency or private 8,753
child placing agency, if a public children services agency or 8,754
private child placing agency requests the court to place the 8,755
child in a planned permanent living arrangement and if the court 8,756
finds, by clear and convincing evidence, that a planned permanent 8,758
living arrangement is in the best interest of the child and that 8,760
one of the following exists:
(a) The child, because of physical, mental, or 8,762
psychological problems or needs, is unable to function in a 8,763
family-like setting and must remain in residential or 8,764
institutional care. 8,765
(b) The parents of the child have significant physical, 8,767
mental, or psychological problems and are unable to care for the 8,768
child because of those problems, adoption is not in the best 8,769
interest of the child, as determined in accordance with division 8,770
(D) of section 2151.414 of the Revised Code, and the child 8,771
retains a significant and positive relationship with a parent or 8,772
relative. 8,773
(c) The child is sixteen years of age or older, has been 8,775
194
counseled on the permanent placement options available to the 8,776
child, is unwilling to accept or unable to adapt to a permanent 8,777
placement, and is in an agency program preparing the child for 8,778
independent living.
(6) Order the removal from the child's home until further 8,781
order of the court of the person who committed abuse as described 8,782
in section 2151.031 of the Revised Code against the child, who 8,783
caused or allowed the child to suffer neglect as described in 8,784
section 2151.03 of the Revised Code, or who is the parent, 8,785
guardian, or custodian of a child who is adjudicated a dependent 8,786
child and order any person not to have contact with the child or 8,787
the child's siblings. 8,788
(B) No order for permanent custody or temporary custody of 8,790
a child or the placement of a child in a planned permanent living 8,792
arrangement shall be made pursuant to this section unless the 8,793
complaint alleging the abuse, neglect, or dependency contains a 8,794
prayer requesting permanent custody, temporary custody, or the 8,795
placement of the child in a planned permanent living arrangement 8,797
as desired, the summons served on the parents of the child 8,798
contains as is appropriate a full explanation that the granting 8,799
of an order for permanent custody permanently divests them of 8,800
their parental rights, a full explanation that an adjudication 8,801
that the child is an abused, neglected, or dependent child may 8,802
result in an order of temporary custody that will cause the 8,803
removal of the child from their legal custody until the court 8,804
terminates the order of temporary custody or permanently divests 8,805
the parents of their parental rights, or a full explanation that 8,806
the granting of an order for a planned permanent living
arrangement will result in the removal of the child from their 8,808
legal custody if any of the conditions listed in divisions 8,809
(A)(5)(a) to (c) of this section are found to exist, and the 8,810
summons served on the parents contains a full explanation of 8,811
their right to be represented by counsel and to have counsel 8,812
appointed pursuant to Chapter 120. of the Revised Code if they 8,813
195
are indigent. 8,814
If after making disposition as authorized by division 8,816
(A)(2) of this section, a motion is filed that requests permanent 8,817
custody of the child, the court may grant permanent custody of 8,818
the child to the movant in accordance with section 2151.414 of 8,819
the Revised Code. 8,820
(C) If the court issues an order for protective 8,822
supervision pursuant to division (A)(1) of this section, the 8,823
court may place any reasonable restrictions upon the child, the 8,824
child's parents, guardian, or custodian, or any other person, 8,825
including, but not limited to, any of the following: 8,826
(1) Order a party, within forty-eight hours after the 8,828
issuance of the order, to vacate the child's home indefinitely or 8,829
for a specified period of time; 8,830
(2) Order a party, a parent of the child, or a physical 8,832
custodian of the child to prevent any particular person from 8,833
having contact with the child; 8,834
(3) Issue an order restraining or otherwise controlling 8,836
the conduct of any person which conduct would not be in the best 8,837
interest of the child. 8,838
(D) As part of its dispositional order, the court shall 8,840
journalize a case plan for the child. The journalized case plan 8,841
shall not be changed except as provided in section 2151.412 of 8,842
the Revised Code. 8,843
(E)(1) The court shall retain jurisdiction over any child 8,845
for whom the court issues an order of disposition pursuant to 8,846
division (A) of this section or pursuant to section 2151.414 or 8,847
2151.415 of the Revised Code until the child attains the age of 8,848
eighteen if the child is not mentally retarded, developmentally 8,850
disabled, or physically impaired, the child attains the age of 8,851
twenty-one if the child is mentally retarded, developmentally 8,852
disabled, or physically impaired, or the child is adopted and a 8,853
final decree of adoption is issued, except that the court may 8,854
retain jurisdiction over the child and continue any order of 8,855
196
disposition under division (A) of this section or under section 8,856
2151.414 or 2151.415 of the Revised Code for a specified period 8,857
of time to enable the child to graduate from high school or 8,858
vocational school. The court shall make an entry continuing its 8,859
jurisdiction under this division in the journal. 8,860
(2) Any public children services agency, any private child 8,862
placing agency, the department of human JOB AND FAMILY services, 8,864
or any party, other than any parent whose parental rights with 8,865
respect to the child have been terminated pursuant to an order 8,866
issued under division (A)(4) of this section, by filing a motion 8,867
with the court, may at any time request the court to modify or 8,868
terminate any order of disposition issued pursuant to division 8,869
(A) of this section or section 2151.414 or 2151.415 of the 8,870
Revised Code. The court shall hold a hearing upon the motion as 8,871
if the hearing were the original dispositional hearing and shall 8,872
give all parties to the action and the guardian ad litem notice 8,873
of the hearing pursuant to the Juvenile Rules. If applicable, 8,874
the court shall comply with section 2151.42 of the Revised Code. 8,875
(F) Any temporary custody order issued pursuant to 8,877
division (A) of this section shall terminate one year after the 8,878
earlier of the date on which the complaint in the case was filed 8,879
or the child was first placed into shelter care, except that, 8,880
upon the filing of a motion pursuant to section 2151.415 of the 8,881
Revised Code, the temporary custody order shall continue and not 8,882
terminate until the court issues a dispositional order under that 8,883
section. 8,884
(G)(1) No later than one year after the earlier of the 8,886
date the complaint in the case was filed or the child was first 8,887
placed in shelter care, a party may ask the court to extend an 8,888
order for protective supervision for six months or to terminate 8,889
the order. A party requesting extension or termination of the 8,890
order shall file a written request for the extension or
termination with the court and give notice of the proposed 8,891
extension or termination in writing before the end of the day 8,892
197
after the day of filing it to all parties and the child's 8,893
guardian ad litem. If a public children services agency or 8,894
private child placing agency requests termination of the order,
the agency shall file a written status report setting out the 8,895
facts supporting termination of the order at the time it files 8,896
the request with the court. If no party requests extension or 8,897
termination of the order, the court shall notify the parties that 8,898
the court will extend the order for six months or terminate it 8,899
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 8,900
have seven days from the date a notice is sent pursuant to this 8,901
division to object to and request a hearing on the proposed 8,902
extension or termination.
(a) If it receives a timely request for a hearing, the 8,904
court shall schedule a hearing to be held no later than thirty 8,905
days after the request is received by the court. The court shall 8,906
give notice of the date, time, and location of the hearing to all 8,907
parties and the guardian ad litem. At the hearing, the court 8,908
shall determine whether extension or termination of the order is 8,909
in the child's best interest. If termination is in the child's
best interest, the court shall terminate the order. If extension 8,910
is in the child's best interest, the court shall extend the order 8,911
for six months.
(b) If it does not receive a timely request for a hearing, 8,913
the court may extend the order for six months or terminate it 8,914
without a hearing and shall journalize the order of extension or 8,915
termination not later than fourteen days after receiving the 8,916
request for extension or termination or after the date the court 8,917
notifies the parties that it will extend or terminate the order. 8,918
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 8,919
expiration of the applicable fourteen-day time period and give 8,920
notice of the date, time, and location of the hearing to all 8,921
parties and the child's guardian ad litem. At the hearing, the 8,922
198
court shall determine whether extension or termination of the 8,923
order is in the child's best interest. If termination is in the
child's best interest, the court shall terminate the order. If 8,924
extension is in the child's best interest, the court shall issue 8,925
an order extending the order for protective supervision six 8,926
months.
(2) If the court grants an extension of the order for 8,928
protective supervision pursuant to division (G)(1) of this 8,929
section, a party may, prior to termination of the extension, file 8,930
with the court a request for an additional extension of six 8,931
months or for termination of the order. The court and the 8,932
parties shall comply with division (G)(1) of this section with 8,933
respect to extending or terminating the order.
(3) If a court grants an extension pursuant to division 8,935
(G)(2) of this section, the court shall terminate the order for 8,936
protective supervision at the end of the extension. 8,937
(H) The court shall not issue a dispositional order 8,939
pursuant to division (A) of this section that removes a child 8,940
from the child's home unless the court complies with section 8,941
2151.419 of the Revised Code and includes in the dispositional 8,944
order the findings of fact required by that section. 8,945
(I) If a motion or application for an order described in 8,948
division (A)(6) of this section is made, the court shall not 8,949
issue the order unless, prior to the issuance of the order, it 8,950
provides to the person all of the following:
(1) Notice and a copy of the motion or application; 8,952
(2) The grounds for the motion or application; 8,954
(3) An opportunity to present evidence and witnesses at a 8,956
hearing regarding the motion or application; 8,957
(4) An opportunity to be represented by counsel at the 8,959
hearing. 8,960
(J) The jurisdiction of the court shall terminate one year 8,963
after the date of the award or, if the court takes any further 8,964
action in the matter subsequent to the award, the date of the 8,965
199
latest further action subsequent to the award, if the court 8,966
awards legal custody of a child to either of the following: 8,967
(1) A legal custodian who, at the time of the award of 8,969
legal custody, resides in a county of this state other than the 8,970
county in which the court is located;
(2) A legal custodian who resides in the county in which 8,972
the court is located at the time of the award of legal custody, 8,973
but moves to a different county of this state prior to one year 8,974
after the date of the award or, if the court takes any further 8,975
action in the matter subsequent to the award, one year after the 8,976
date of the latest further action subsequent to the award.
The court in the county in which the legal custodian 8,978
resides then shall have jurisdiction in the matter. 8,979
Sec. 2151.36. When a child has been committed as provided 8,988
by this chapter, the juvenile court shall issue an order pursuant 8,990
to sections 3113.21 to 3113.219 of the Revised Code requiring 8,991
that the parent, guardian, or person charged with the child's 8,992
support pay for the care, support, maintenance, and education of 8,994
the child. The juvenile court shall order that the parents, 8,995
guardian, or person pay for the expenses involved in providing 8,996
orthopedic, medical, or surgical treatment for, or for special 8,997
care of, the child, enter a judgment for the amount due, and 8,998
enforce the judgment by execution as in the court of common 8,999
pleas.
Any expenses incurred for the care, support, maintenance, 9,001
education, orthopedic, medical, or surgical treatment, and 9,003
special care of a child who has a legal settlement in another 9,004
county shall be at the expense of the county of legal settlement 9,005
if the consent of the juvenile judge of the county of legal 9,006
settlement is first obtained. When the consent is obtained, the 9,007
board of county commissioners of the county in which the child 9,008
has a legal settlement shall reimburse the committing court for 9,009
the expenses out of its general fund. If the department of human 9,010
JOB AND FAMILY services considers it to be in the best interest 9,011
200
of any delinquent, dependent, unruly, abused, or neglected child 9,012
who has a legal settlement in a foreign state or country that the 9,013
child be returned to the state or country of legal settlement, 9,014
the juvenile court may commit the child to the department for the 9,015
child's return to that state or country. 9,016
Any expenses ordered by the court for the care, support, 9,019
maintenance, education, orthopedic, medical, or surgical
treatment, or special care of a dependent, neglected, abused, 9,021
unruly, or delinquent child or of a juvenile traffic offender
under this chapter, except the part of the expense that may be 9,023
paid by the state or federal government or paid by the parents, 9,025
guardians, or person charged with the child's support pursuant to 9,026
this section, shall be paid from the county treasury upon 9,027
specifically itemized vouchers, certified to by the judge. The 9,028
court shall not be responsible for any expenses resulting from 9,030
the commitment of children to any home, public children services 9,031
agency, private child placing agency, or other institution, 9,032
association, or agency, unless the court authorized the expenses 9,035
at the time of commitment.
Sec. 2151.39. No person, association or agency, public or 9,044
private, of another state, incorporated or otherwise, shall place 9,045
a child in a family home or with an agency or institution within 9,046
the boundaries of this state, either for temporary or permanent 9,047
care or custody or for adoption, unless such person or 9,048
association has furnished the department of human JOB AND FAMILY 9,049
services with a medical and social history of the child, 9,050
pertinent information about the family, agency, association, or 9,051
institution in this state with whom the sending party desires to 9,052
place the child, and any other information or financial guaranty 9,053
required by the department to determine whether the proposed 9,054
placement will meet the needs of the child. The department may 9,055
require the party desiring the placement to agree to promptly 9,056
receive and remove from the state a child brought into the state 9,057
whose placement has not proven satisfactorily responsive to the 9,058
201
needs of the child at any time until the child is adopted, 9,059
reaches majority, becomes self-supporting or is discharged with 9,060
the concurrence of the department. All placements proposed to be 9,061
made in this state by a party located in a state which is a party 9,062
to the interstate compact on the placement of children shall be 9,063
made according to the provisions of sections 5103.20 to 5103.28 9,064
of the Revised Code. 9,065
Sec. 2151.412. (A) Each public children services agency 9,074
and private child placing agency shall prepare and maintain a 9,075
case plan for any child to whom the agency is providing services 9,076
and to whom any of the following applies: 9,077
(1) The agency filed a complaint pursuant to section 9,079
2151.27 of the Revised Code alleging that the child is an abused, 9,080
neglected, or dependent child; 9,081
(2) The agency has temporary or permanent custody of the 9,083
child; 9,084
(3) The child is living at home subject to an order for 9,086
protective supervision; 9,087
(4) The child is in a planned permanent living 9,090
arrangement.
Except as provided by division (A)(2) of section 5103.153 9,092
of the Revised Code, a private child placing agency providing 9,093
services to a child who is the subject of a voluntary permanent 9,094
custody surrender agreement entered into under division (B)(2) of 9,095
section 5103.15 of the Revised Code is not required to prepare 9,096
and maintain a case plan for that child.
(B)(1) The department DIRECTOR of human JOB AND FAMILY 9,099
services shall adopt rules pursuant to Chapter 119. of the 9,101
Revised Code setting forth the content and format of case plans 9,102
required by division (A) of this section and establishing 9,103
procedures for developing, implementing, and changing the case 9,104
plans. The rules shall at a minimum comply with the requirements 9,105
of Title IV-E of the "Social Security Act," 94 Stat. 501, 42 9,106
U.S.C. 671 (1980), as amended.
202
(2) The department DIRECTOR of human JOB AND FAMILY 9,109
services shall adopt rules pursuant to Chapter 119. of the 9,111
Revised Code requiring public children services agencies and 9,112
private child placing agencies to maintain case plans for 9,113
children and their families who are receiving services in their 9,114
homes from the agencies and for whom case plans are not required 9,115
by division (A) of this section. The agencies shall maintain 9,116
case plans as required by those rules; however, the case plans 9,117
shall not be subject to any other provision of this section 9,118
except as specifically required by the rules. 9,119
(C) Each public children services agency and private child 9,121
placing agency that is required by division (A) of this section 9,122
to maintain a case plan shall file the case plan with the court 9,123
prior to the child's adjudicatory hearing but no later than 9,124
thirty days after the earlier of the date on which the complaint 9,125
in the case was filed or the child was first placed into shelter 9,126
care. If the agency does not have sufficient information prior 9,127
to the adjudicatory hearing to complete any part of the case 9,128
plan, the agency shall specify in the case plan the additional 9,129
information necessary to complete each part of the case plan and 9,130
the steps that will be taken to obtain that information. All 9,131
parts of the case plan shall be completed by the earlier of 9,132
thirty days after the adjudicatory hearing or the date of the 9,133
dispositional hearing for the child. 9,134
(D) Any agency that is required by division (A) of this 9,136
section to prepare a case plan shall attempt to obtain an 9,137
agreement among all parties, including, but not limited to, the 9,138
parents, guardian, or custodian of the child and the guardian ad 9,139
litem of the child regarding the content of the case plan. If 9,140
all parties agree to the content of the case plan and the court 9,141
approves it, the court shall journalize it as part of its 9,142
dispositional order. If the agency cannot obtain an agreement 9,143
upon the contents of the case plan or the court does not approve 9,144
it, the parties shall present evidence on the contents of the 9,145
203
case plan at the dispositional hearing. The court, based upon 9,146
the evidence presented at the dispositional hearing and the best 9,147
interest of the child, shall determine the contents of the case 9,148
plan and journalize it as part of the dispositional order for the 9,149
child. 9,150
(E)(1) All parties, including the parents, guardian, or 9,152
custodian of the child, are bound by the terms of the journalized 9,153
case plan. A party that fails to comply with the terms of the 9,154
journalized case plan may be held in contempt of court. 9,155
(2) Any party may propose a change to a substantive part 9,158
of the case plan, including, but not limited to, the child's 9,159
placement and the visitation rights of any party. A party 9,160
proposing a change to the case plan shall file the proposed 9,162
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 9,163
all parties and the child's guardian ad litem. All parties and 9,164
the guardian ad litem shall have seven days from the date the 9,165
notice is sent to object to and request a hearing on the proposed 9,166
change. 9,167
(a) If it receives a timely request for a hearing, the 9,169
court shall schedule a hearing pursuant to section 2151.417 of 9,170
the Revised Code to be held no later than thirty days after the 9,172
request is received by the court. The court shall give notice of 9,173
the date, time, and location of the hearing to all parties and 9,174
the guardian ad litem. The agency may implement the proposed 9,175
change after the hearing, if the court approves it. The agency
shall not implement the proposed change unless it is approved by 9,177
the court.
(b) If it does not receive a timely request for a hearing, 9,179
the court may approve the proposed change without a hearing. If 9,180
the court approves the proposed change without a hearing, it 9,182
shall journalize the case plan with the change not later than 9,183
fourteen days after the change is filed with the court. If the 9,184
court does not approve the proposed change to the case plan, it 9,185
204
shall schedule a hearing to be held pursuant to section 2151.417 9,186
of the Revised Code no later than thirty days after the 9,187
expiration of the fourteen-day time period and give notice of the 9,188
date, time, and location of the hearing to all parties and the 9,189
guardian ad litem of the child. If, despite the requirements of 9,190
division (E)(2) of this section, the court neither approves and 9,191
journalizes the proposed change nor conducts a hearing, the 9,192
agency may implement the proposed change not earlier than fifteen 9,193
days after it is submitted to the court. 9,194
(3) If an agency has reasonable cause to believe that a 9,196
child is suffering from illness or injury and is not receiving 9,197
proper care and that an appropriate change in the child's case 9,198
plan is necessary to prevent immediate or threatened physical or 9,199
emotional harm, to believe that a child is in immediate danger 9,200
from the child's surroundings and that an immediate change in the 9,202
child's case plan is necessary to prevent immediate or threatened 9,203
physical or emotional harm to the child, or to believe that a 9,204
parent, guardian, custodian, or other member of the child's 9,205
household has abused or neglected the child and that the child is 9,206
in danger of immediate or threatened physical or emotional harm 9,207
from that person unless the agency makes an appropriate change in 9,208
the child's case plan, it may implement the change without prior 9,209
agreement or a court hearing and, before the end of the next day 9,211
after the change is made, give all parties, the guardian ad litem 9,212
of the child, and the court notice of the change. Before the end 9,213
of the third day after implementing the change in the case plan, 9,214
the agency shall file a statement of the change with the court 9,215
and give notice of the filing accompanied by a copy of the 9,216
statement to all parties and the guardian ad litem. All parties 9,217
and the guardian ad litem shall have ten days from the date the 9,218
notice is sent to object to and request a hearing on the change.
(a) If it receives a timely request for a hearing, the 9,220
court shall schedule a hearing pursuant to section 2151.417 of 9,221
the Revised Code to be held no later than thirty days after the 9,223
205
request is received by the court. The court shall give notice of 9,224
the date, time, and location of the hearing to all parties and 9,225
the guardian ad litem. The agency shall continue to administer
the case plan with the change after the hearing, if the court 9,226
approves the change. If the court does not approve the change, 9,227
the court shall make appropriate changes to the case plan and 9,228
shall journalize the case plan.
(b) If it does not receive a timely request for a hearing, 9,230
the court may approve the change without a hearing. If the court 9,231
approves the change without a hearing, it shall journalize the 9,233
case plan with the change within fourteen days after receipt of 9,234
the change. If the court does not approve the change to the case 9,235
plan, it shall schedule a hearing under section 2151.417 of the 9,236
Revised Code to be held no later than thirty days after the 9,237
expiration of the fourteen-day time period and give notice of the 9,238
date, time, and location of the hearing to all parties and the 9,239
guardian ad litem of the child.
(F)(1) All case plans for children in temporary custody 9,241
shall have the following general goals: 9,242
(a) Consistent with the best interest and special needs of 9,244
the child, to achieve a safe out-of-home placement in the least 9,246
restrictive, most family-like setting available and in close 9,247
proximity to the home from which the child was removed or the 9,248
home in which the child will be permanently placed; 9,249
(b) To eliminate with all due speed the need for the 9,252
out-of-home placement so that the child can safely return home. 9,253
(2) The department DIRECTOR of human JOB AND FAMILY 9,256
services shall adopt rules pursuant to Chapter 119. of the 9,258
Revised Code setting forth the general goals of case plans for 9,259
children subject to dispositional orders for protective 9,260
supervision, a planned permanent living arrangement, or permanent 9,262
custody.
(G) In the agency's development of a case plan and the 9,264
court's review of the case plan, the child's health and safety 9,265
206
shall be the paramount concern. The agency and the court shall 9,266
be guided by the following general priorities: 9,267
(1) A child who is residing with or can be placed with the 9,269
child's parents within a reasonable time should remain in their 9,270
legal custody even if an order of protective supervision is 9,271
required for a reasonable period of time; 9,272
(2) If both parents of the child have abandoned the child, 9,274
have relinquished custody of the child, have become incapable of 9,275
supporting or caring for the child even with reasonable 9,276
assistance, or have a detrimental effect on the health, safety, 9,277
and best interest of the child, the child should be placed in the 9,278
legal custody of a suitable member of the child's extended 9,279
family;
(3) If a child described in division (G)(2) of this 9,281
section has no suitable member of the child's extended family to 9,283
accept legal custody, the child should be placed in the legal 9,284
custody of a suitable nonrelative who shall be made a party to 9,285
the proceedings after being given legal custody of the child; 9,286
(4) If the child has no suitable member of the child's 9,288
extended family to accept legal custody of the child and no 9,290
suitable nonrelative is available to accept legal custody of the 9,291
child and, if the child temporarily cannot or should not be 9,292
placed with the child's parents, guardian, or custodian, the 9,293
child should be placed in the temporary custody of a public 9,295
children services agency or a private child placing agency; 9,296
(5) If the child cannot be placed with either of the 9,298
child's parents within a reasonable period of time or should not 9,300
be placed with either, if no suitable member of the child's 9,301
extended family or suitable nonrelative is available to accept 9,302
legal custody of the child, and if the agency has a reasonable 9,303
expectation of placing the child for adoption, the child should 9,304
be committed to the permanent custody of the public children 9,305
services agency or private child placing agency; 9,306
(6) If the child is to be placed for adoption or foster 9,308
207
care, the placement shall not be delayed or denied on the basis 9,309
of the child's or adoptive or foster family's race, color, or 9,311
national origin.
(H) The case plan for a child in temporary custody shall 9,313
include at a minimum the following requirements if the child is 9,314
or has been the victim of abuse or neglect or if the child 9,315
witnessed the commission in the child's household of abuse or 9,316
neglect against a sibling of the child, a parent of the child, or 9,317
any other person in the child's household: 9,318
(1) A requirement that the child's parents, guardian, or 9,320
custodian participate in mandatory counseling; 9,321
(2) A requirement that the child's parents, guardian, or 9,323
custodian participate in any supportive services that are 9,324
required by or provided pursuant to the child's case plan. 9,325
(I) A case plan may include, as a supplement, a plan for 9,327
locating a permanent family placement. The supplement shall not 9,328
be considered part of the case plan for purposes of division (D) 9,329
of this section.
Sec. 2151.413. (A) A public children services agency or 9,338
private child placing agency that, pursuant to an order of 9,339
disposition under division (A)(2) of section 2151.353 of the 9,340
Revised Code or under any version of section 2151.353 of the 9,341
Revised Code that existed prior to January 1, 1989, is granted 9,342
temporary custody of a child who is not abandoned or orphaned may 9,343
file a motion in the court that made the disposition of the child 9,345
requesting permanent custody of the child. 9,346
(B) A public children services agency or private child 9,348
placing agency that, pursuant to an order of disposition under 9,349
division (A)(2) of section 2151.353 of the Revised Code or under 9,350
any version of section 2151.353 of the Revised Code that existed 9,351
prior to January 1, 1989, is granted temporary custody of a child 9,353
who is orphaned may file a motion in the court that made the 9,354
disposition of the child requesting permanent custody of the 9,355
child whenever it can show that no relative of the child is able 9,356
208
to take legal custody of the child. 9,357
(C) A public children services agency or private child 9,359
placing agency that, pursuant to an order of disposition under 9,360
division (A)(5) of section 2151.353 of the Revised Code, places a 9,361
child in a planned permanent living arrangement may file a motion 9,363
in the court that made the disposition of the child requesting 9,364
permanent custody of the child.
(D)(1) Except as provided in division (D)(3) of this 9,366
section, if a child has been in the temporary custody of one or 9,368
more public children services agencies or private child placing 9,370
agencies for twelve or more months of a consecutive twenty-two 9,372
month period ending on or after March 18, 1999, the agency with 9,374
custody shall file a motion requesting permanent custody of the 9,376
child. The motion shall be filed in the court that issued the 9,378
current order of temporary custody. For the purposes of this 9,379
division, a child shall be considered to have entered the 9,380
temporary custody of an agency on the earlier of the date the 9,381
child is adjudicated pursuant to section 2151.28 of the Revised 9,382
Code or the date that is sixty days after the removal of the 9,383
child from home.
(2) Except as provided in division (D)(3) of this section, 9,386
if a court makes a determination pursuant to division (A)(2) of 9,388
section 2151.419 of the Revised Code, the public children 9,390
services agency or private child placing agency required to 9,391
develop the permanency plan for the child under division (K) of 9,393
section 2151.417 of the Revised Code shall file a motion in the 9,395
court that made the determination requesting permanent custody of 9,397
the child.
(3) An agency shall not file a motion for permanent 9,399
custody under division (D)(1) or (2) of this section if any of 9,400
the following apply:
(a) The agency documents in the case plan or permanency 9,403
plan a compelling reason that permanent custody is not in the
best interest of the child. 9,404
209
(b) If reasonable efforts to return the child to the 9,406
child's home are required under section 2151.419 of the Revised 9,407
Code, the agency has not provided the services required by the 9,410
case plan to the parents of the child or the child to ensure the 9,411
safe return of the child to the child's home.
(c) The agency has been granted permanent custody of the 9,413
child.
(d) The child has been returned home pursuant to court 9,415
order in accordance with division (A)(3) of section 2151.419 of 9,416
the Revised Code.
(E) Any agency that files a motion for permanent custody 9,419
under this section shall include in the case plan of the child 9,420
who is the subject of the motion, a specific plan of the agency's 9,421
actions to seek an adoptive family for the child and to prepare 9,422
the child for adoption. 9,423
(F) The department of human JOB AND FAMILY services may 9,426
adopt rules pursuant to Chapter 119. of the Revised Code that set 9,428
forth the time frames for case reviews and for filing a motion 9,429
requesting permanent custody under division (D)(1) of this 9,431
section.
Sec. 2151.416. (A) Each agency that is required by 9,440
section 2151.412 of the Revised Code to prepare a case plan for a 9,441
child shall complete a semiannual administrative review of the 9,442
case plan no later than six months after the earlier of the date 9,443
on which the complaint in the case was filed or the child was 9,444
first placed in shelter care. After the first administrative 9,445
review, the agency shall complete semiannual administrative 9,446
reviews no later than every six months. If the court issues an 9,447
order pursuant to section 2151.414 or 2151.415 of the Revised 9,449
Code, the agency shall complete an administrative review no later 9,450
than six months after the court's order and continue to complete 9,451
administrative reviews no later than every six months after the 9,452
first review, except that the court hearing held pursuant to 9,453
section 2151.417 of the Revised Code may take the place of any 9,454
210
administrative review that would otherwise be held at the time of 9,455
the court hearing. When conducting a review, the child's health 9,456
and safety shall be the paramount concern. 9,457
(B) Each administrative review required by division (A) of 9,459
this section shall be conducted by a review panel of at least 9,460
three persons, including, but not limited to, both of the 9,461
following: 9,462
(1) A caseworker with day-to-day responsibility for, or 9,464
familiarity with, the management of the child's case plan; 9,465
(2) A person who is not responsible for the management of 9,467
the child's case plan or for the delivery of services to the 9,468
child or the parents, guardian, or custodian of the child. 9,469
(C) Each semiannual administrative review shall include, 9,471
but not be limited to, a joint meeting by the review panel with 9,472
the parents, guardian, or custodian of the child, the guardian ad 9,473
litem of the child, and the child's foster care provider and 9,474
shall include an opportunity for those persons to submit any 9,475
written materials to be included in the case record of the child. 9,476
If a parent, guardian, custodian, guardian ad litem, or foster 9,477
care provider of the child cannot be located after reasonable 9,478
efforts to do so or declines to participate in the administrative 9,479
review after being contacted, the agency does not have to include 9,480
them in the joint meeting. 9,481
(D) The agency shall prepare a written summary of the 9,483
semiannual administrative review that shall include, but not be 9,484
limited to, all of the following: 9,485
(1) A conclusion regarding the safety and appropriateness 9,487
of the child's foster care placement; 9,488
(2) The extent of the compliance with the case plan of all 9,490
parties; 9,491
(3) The extent of progress that has been made toward 9,493
alleviating the circumstances that required the agency to assume 9,494
temporary custody of the child; 9,495
(4) An estimated date by which the child may be returned 9,497
211
to and safely maintained in the child's home or placed for 9,498
adoption or legal custody; 9,499
(5) An updated case plan that includes any changes that 9,501
the agency is proposing in the case plan; 9,502
(6) The recommendation of the agency as to which agency or 9,504
person should be given custodial rights over the child for the 9,505
six-month period after the administrative review; 9,506
(7) The names of all persons who participated in the 9,508
administrative review. 9,509
(E) The agency shall file the summary with the court no 9,512
later than seven days after the completion of the administrative
review. If the agency proposes a change to the case plan as a 9,513
result of the administrative review, the agency shall file the 9,514
proposed change with the court at the time it files the summary. 9,515
The agency shall give notice of the summary and proposed change 9,516
in writing before the end of the next day after filing them to 9,517
all parties and the child's guardian ad litem. All parties and
the guardian ad litem shall have seven days after the date the 9,518
notice is sent to object to and request a hearing on the proposed 9,519
change.
(1) If the court receives a timely request for a hearing, 9,521
the court shall schedule a hearing pursuant to section 2151.417 9,522
of the Revised Code to be held not later than thirty days after 9,523
the court receives the request. The court shall give notice of 9,524
the date, time, and location of the hearing to all parties and
the guardian ad litem. The agency may implement the proposed 9,525
change after the hearing, if the court approves it. The agency 9,526
shall not implement the proposed change unless it is approved by 9,527
the court.
(2) If the court does not receive a timely request for a 9,529
hearing, the court may approve the proposed change without a 9,530
hearing. If the court approves the proposed change without a 9,531
hearing, it shall journalize the case plan with the change not 9,532
later than fourteen days after the change is filed with the 9,533
212
court. If the court does not approve the proposed change to the
case plan, it shall schedule a review hearing to be held pursuant 9,534
to section 2151.417 of the Revised Code no later than thirty days 9,535
after the expiration of the fourteen-day time period and give 9,536
notice of the date, time, and location of the hearing to all 9,537
parties and the guardian ad litem of the child. If, despite the 9,538
requirements of this division and division (D) of section
2151.417 of the Revised Code, the court neither approves and 9,539
journalizes the proposed change nor conducts a hearing, the 9,540
agency may implement the proposed change not earlier than fifteen 9,541
days after it is submitted to the court.
(F) The department DIRECTOR of human JOB AND FAMILY 9,544
services may adopt rules pursuant to Chapter 119. of the Revised 9,546
Code for procedures and standard forms for conducting 9,547
administrative reviews pursuant to this section. 9,548
(G) The juvenile court that receives the written summary 9,550
of the administrative review, upon determining, either from the 9,551
written summary, case plan, or otherwise, that the custody or 9,552
care arrangement is not in the best interest of the child, may 9,553
terminate the custody of an agency and place the child in the 9,554
custody of another institution or association certified by the 9,556
department of human JOB AND FAMILY services under section 5103.03 9,557
of the Revised Code.
(H) The department of human JOB AND FAMILY services shall 9,559
report annually to the public and to the general assembly on the 9,561
results of the review of case plans of each agency and on the 9,562
results of the summaries submitted to the department under 9,563
section 3107.10 of the Revised Code. The annual report shall 9,564
include any information that is required by the department, 9,565
including, but not limited to, all of the following: 9,566
(1) A statistical analysis of the administrative reviews 9,568
conducted pursuant to this section and section 2151.417 of the 9,569
Revised Code; 9,570
(2) The number of children in temporary or permanent 9,572
213
custody for whom an administrative review was conducted, the 9,573
number of children whose custody status changed during the 9,574
period, the number of children whose residential placement 9,575
changed during the period, and the number of residential 9,576
placement changes for each child during the period; 9,577
(3) An analysis of the utilization of public social 9,579
services by agencies and parents or guardians, and the 9,580
utilization of the adoption listing service of the department 9,581
pursuant to section 5103.154 of the Revised Code; 9,582
(4) A compilation and analysis of data submitted to the 9,584
department under section 3107.10 of the Revised Code. 9,585
Sec. 2151.421. (A)(1)(a) No person described in division 9,596
(A)(1)(b) of this section who is acting in an official or 9,598
professional capacity and knows or suspects that a child under 9,599
eighteen years of age or a mentally retarded, developmentally 9,601
disabled, or physically impaired child under twenty-one years of 9,602
age has suffered or faces a threat of suffering any physical or 9,603
mental wound, injury, disability, or condition of a nature that 9,604
reasonably indicates abuse or neglect of the child, shall fail to 9,605
immediately report that knowledge or suspicion to the public 9,606
children services agency or a municipal or county peace officer 9,608
in the county in which the child resides or in which the abuse or 9,609
neglect is occurring or has occurred.
(b) Division (A)(1)(a) of this section applies to any 9,612
person who is an attorney; physician, including a hospital intern 9,613
or resident; dentist; podiatrist; practitioner of a limited 9,614
branch of medicine as specified in section 4731.15 of the Revised 9,615
Code; registered nurse; licensed practical nurse; visiting nurse; 9,617
other health care professional; licensed psychologist; licensed 9,618
school psychologist; speech pathologist or audiologist; coroner; 9,619
administrator or employee of a child day-care center; 9,620
administrator or employee of a residential camp or child day 9,621
camp; administrator or employee of a certified child care agency 9,622
or other public or private children services agency; school 9,623
214
teacher; school employee; school authority; person engaged in 9,624
social work or the practice of professional counseling; or a 9,625
person rendering spiritual treatment through prayer in accordance 9,627
with the tenets of a well-recognized religion.
(2) An attorney or a physician is not required to make a 9,629
report pursuant to division (A)(1) of this section concerning any 9,631
communication the attorney or physician receives from a client or 9,634
patient in an attorney-client or physician-patient relationship, 9,635
if, in accordance with division (A) or (B) of section 2317.02 of 9,637
the Revised Code, the attorney or physician could not testify 9,638
with respect to that communication in a civil or criminal 9,639
proceeding, except that the client or patient is deemed to have 9,640
waived any testimonial privilege under division (A) or (B) of 9,642
section 2317.02 of the Revised Code with respect to that 9,644
communication and the attorney or physician shall make a report 9,646
pursuant to division (A)(1) of this section with respect to that 9,647
communication, if all of the following apply:
(a) The client or patient, at the time of the 9,649
communication, is either a child under eighteen years of age or a 9,650
mentally retarded, developmentally disabled, or physically 9,652
impaired person under twenty-one years of age. 9,653
(b) The attorney or physician knows or suspects, as a 9,655
result of the communication or any observations made during that 9,657
communication, that the client or patient has suffered or faces a 9,658
threat of suffering any physical or mental wound, injury, 9,660
disability, or condition of a nature that reasonably indicates 9,661
abuse or neglect of the client or patient. 9,662
(c) The attorney-client or physician-patient relationship 9,664
does not arise out of the client's or patient's attempt to have 9,666
an abortion without the notification of her parents, guardian, or 9,668
custodian in accordance with section 2151.85 of the Revised Code. 9,669
(B) Anyone, who knows or suspects that a child under 9,671
eighteen years of age or a mentally retarded, developmentally 9,673
disabled, or physically impaired person under twenty-one years of 9,674
215
age has suffered or faces a threat of suffering any physical or 9,675
mental wound, injury, disability, or other condition of a nature 9,676
that reasonably indicates abuse or neglect of the child, may 9,677
report or cause reports to be made of that knowledge or suspicion 9,678
to the public children services agency or to a municipal or 9,680
county peace officer. 9,681
(C) Any report made pursuant to division (A) or (B) of 9,683
this section shall be made forthwith either by telephone or in 9,684
person and shall be followed by a written report, if requested by 9,686
the receiving agency or officer. The written report shall
contain: 9,687
(1) The names and addresses of the child and the child's 9,689
parents or the person or persons having custody of the child, if 9,690
known;
(2) The child's age and the nature and extent of the 9,692
child's known or suspected injuries, abuse, or neglect or of the 9,693
known or suspected threat of injury, abuse, or neglect, including 9,694
any evidence of previous injuries, abuse, or neglect; 9,695
(3) Any other information that might be helpful in 9,697
establishing the cause of the known or suspected injury, abuse, 9,698
or neglect or of the known or suspected threat of injury, abuse, 9,699
or neglect. 9,700
Any person, who is required by division (A) of this section 9,702
to report known or suspected child abuse or child neglect, may 9,703
take or cause to be taken color photographs of areas of trauma 9,704
visible on a child and, if medically indicated, cause to be 9,705
performed radiological examinations of the child. 9,706
(D)(1) Upon the receipt of a report concerning the 9,708
possible abuse or neglect of a child or the possible threat of 9,709
abuse or neglect of a child, the municipal or county peace 9,710
officer who receives the report shall refer the report to the 9,711
appropriate public children services agency. 9,713
(2) On receipt of a report pursuant to this division or 9,716
division (A) or (B) of this section, the public children services 9,718
216
agency shall comply with section 2151.422 of the Revised Code. 9,720
(E) No township, municipal, or county peace officer shall 9,722
remove a child about whom a report is made pursuant to this 9,723
section from the child's parents, stepparents, or guardian or any 9,724
other persons having custody of the child without consultation 9,725
with the public children services agency, unless, in the judgment 9,728
of the officer, and, if the report was made by physician, the 9,729
physician, immediate removal is considered essential to protect 9,730
the child from further abuse or neglect. The agency that must be 9,733
consulted shall be the agency conducting the investigation of the 9,734
report as determined pursuant to section 2151.422 of the Revised 9,735
Code. 9,736
(F)(1) Except as provided in section 2151.422 of the 9,739
Revised Code, the public children services agency shall 9,741
investigate, within twenty-four hours, each report of known or 9,743
suspected child abuse or child neglect and of a known or 9,744
suspected threat of child abuse or child neglect that is referred 9,745
to it under this section to determine the circumstances 9,746
surrounding the injuries, abuse, or neglect or the threat of 9,747
injury, abuse, or neglect, the cause of the injuries, abuse, 9,748
neglect, or threat, and the person or persons responsible. The 9,749
investigation shall be made in cooperation with the law
enforcement agency and in accordance with the memorandum of 9,750
understanding prepared under division (J) of this section. A 9,752
failure to make the investigation in accordance with the 9,753
memorandum is not grounds for, and shall not result in, the 9,755
dismissal of any charges or complaint arising from the report or 9,756
the suppression of any evidence obtained as a result of the 9,757
report and does not give, and shall not be construed as giving, 9,758
any rights or any grounds for appeal or post-conviction relief to 9,759
any person. The public children services agency shall report 9,762
each case to a central registry which the state department of 9,764
human JOB AND FAMILY services shall maintain in order to 9,765
determine whether prior reports have been made in other counties 9,766
217
concerning the child or other principals in the case. The public 9,768
children services agency shall submit a report of its
investigation, in writing, to the law enforcement agency. 9,770
(2) The public children services agency shall make any 9,773
recommendations to the county prosecuting attorney or city 9,775
director of law that it considers necessary to protect any 9,776
children that are brought to its attention. 9,777
(G)(1)(a) Except as provided in division (H)(3) of this 9,779
section, anyone or any hospital, institution, school, health 9,780
department, or agency participating in the making of reports 9,781
under division (A) of this section, anyone or any hospital, 9,782
institution, school, health department, or agency participating 9,783
in good faith in the making of reports under division (B) of this 9,784
section, and anyone participating in good faith in a judicial 9,785
proceeding resulting from the reports, shall be immune from any 9,786
civil or criminal liability for injury, death, or loss to person 9,787
or property that otherwise might be incurred or imposed as a 9,788
result of the making of the reports or the participation in the 9,789
judicial proceeding. 9,790
(b) Notwithstanding section 4731.22 of the Revised Code, 9,793
the physician-patient privilege shall not be a ground for 9,794
excluding evidence regarding a child's injuries, abuse, or 9,795
neglect, or the cause of the injuries, abuse, or neglect in any 9,796
judicial proceeding resulting from a report submitted pursuant to 9,797
this section.
(2) In any civil or criminal action or proceeding in which 9,799
it is alleged and proved that participation in the making of a 9,800
report under this section was not in good faith or participation 9,801
in a judicial proceeding resulting from a report made under this 9,802
section was not in good faith, the court shall award the 9,803
prevailing party reasonable attorney's fees and costs and, if a 9,804
civil action or proceeding is voluntarily dismissed, may award 9,805
reasonable attorney's fees and costs to the party against whom 9,806
the civil action or proceeding is brought. 9,807
218
(H)(1) Except as provided in divisions (H)(4), (M), and 9,810
(N) of this section, a report made under this section is 9,811
confidential. The information provided in a report made pursuant 9,812
to this section and the name of the person who made the report 9,813
shall not be released for use, and shall not be used, as evidence 9,814
in any civil action or proceeding brought against the person who 9,815
made the report. In a criminal proceeding, the report is 9,816
admissible in evidence in accordance with the Rules of Evidence 9,817
and is subject to discovery in accordance with the Rules of 9,818
Criminal Procedure. 9,819
(2) No person shall permit or encourage the unauthorized 9,821
dissemination of the contents of any report made under this 9,822
section. 9,823
(3) A person who knowingly makes or causes another person 9,825
to make a false report under division (B) of this section that 9,826
alleges that any person has committed an act or omission that 9,827
resulted in a child being an abused child or a neglected child is 9,828
guilty of a violation of section 2921.14 of the Revised Code. 9,829
(4) A public children services agency shall advise a 9,832
person alleged to have inflicted abuse or neglect on a child who 9,833
is the subject of a report made pursuant to this section of the
disposition of the investigation. The agency shall not provide 9,834
to the person any information that identifies the person who made 9,836
the report, statements of witnesses, or police or other
investigative reports. 9,837
(I) Any report that is required by this section shall 9,839
result in protective services and emergency supportive services 9,840
being made available by the public children services agency on 9,842
behalf of the children about whom the report is made, in an 9,844
effort to prevent further neglect or abuse, to enhance their 9,845
welfare, and, whenever possible, to preserve the family unit 9,846
intact. The agency required to provide the services shall be the 9,848
agency conducting the investigation of the report pursuant to 9,849
section 2151.422 of the Revised Code. 9,851
219
(J)(1) Each public children services agency shall prepare 9,853
a memorandum of understanding that is signed by all of the 9,855
following:
(a) If there is only one juvenile judge in the county, the 9,858
juvenile judge of the county or the juvenile judge's 9,859
representative;
(b) If there is more than one juvenile judge in the 9,863
county, a juvenile judge or the juvenile judges' representative 9,864
selected by the juvenile judges or, if they are unable to do so 9,865
for any reason, the juvenile judge who is senior in point of 9,866
service or the senior juvenile judge's representative; 9,867
(c) The county peace officer; 9,870
(d) All chief municipal peace officers within the county; 9,873
(e) Other law enforcement officers handling child abuse 9,875
and neglect cases in the county; 9,876
(f) The prosecuting attorney of the county; 9,879
(g) If the public children services agency is not the 9,881
county department of human JOB AND FAMILY services, the county 9,883
department of human JOB AND FAMILY services. 9,884
(2) A memorandum of understanding shall set forth the 9,886
normal operating procedure to be employed by all concerned 9,888
officials in the execution of their respective responsibilities 9,889
under this section and division (C) of section 2919.21, division 9,890
(B)(1) of section 2919.22, division (B) of section 2919.23, and 9,891
section 2919.24 of the Revised Code and shall have as two of its 9,892
primary goals the elimination of all unnecessary interviews of 9,893
children who are the subject of reports made pursuant to division 9,894
(A) or (B) of this section and, when feasible, providing for only 9,895
one interview of a child who is the subject of any report made 9,896
pursuant to division (A) or (B) of this section. A failure to 9,897
follow the procedure set forth in the memorandum by the concerned 9,899
officials is not grounds for, and shall not result in, the 9,900
dismissal of any charges or complaint arising from any reported 9,901
case of abuse or neglect or the suppression of any evidence 9,902
220
obtained as a result of any reported child abuse or child neglect 9,903
and does not give, and shall not be construed as giving, any 9,904
rights or any grounds for appeal or post-conviction relief to any 9,905
person. 9,906
(3) A memorandum of understanding shall include all of the 9,908
following: 9,909
(a) The roles and responsibilities for handling emergency 9,912
and non-emergency NONEMERGENCY cases of abuse and neglect; 9,913
(b) Standards and procedures to be used in handling and 9,915
coordinating investigations of reported cases of child abuse and 9,916
reported cases of child neglect, methods to be used in 9,917
interviewing the child who is the subject of the report and who 9,918
allegedly was abused or neglected, and standards and procedures 9,919
addressing the categories of persons who may interview the child 9,920
who is the subject of the report and who allegedly was abused or 9,921
neglected. 9,922
(K)(1) Except as provided in division (K)(4) of this 9,925
section, a person who is required to make a report pursuant to 9,926
division (A) of this section may make a reasonable number of 9,927
requests of the public children services agency that receives or 9,928
is referred the report to be provided with the following 9,930
information:
(a) Whether the agency has initiated an investigation of 9,933
the report;
(b) Whether the agency is continuing to investigate the 9,936
report;
(c) Whether the agency is otherwise involved with the 9,940
child who is the subject of the report;
(d) The general status of the health and safety of the 9,942
child who is the subject of the report; 9,943
(e) Whether the report has resulted in the filing of a 9,945
complaint in juvenile court or of criminal charges in another 9,946
court. 9,947
(2) A person may request the information specified in 9,949
221
division (K)(1) of this section only if, at the time the report 9,950
is made, the person's name, address, and telephone number are 9,951
provided to the person who receives the report.
When a municipal or county peace officer or employee of a 9,953
public children services agency receives a report pursuant to 9,956
division (A) or (B) of this section the recipient of the report 9,957
shall inform the person of the right to request the information 9,959
described in division (K)(1) of this section. The recipient of
the report shall include in the initial child abuse or child 9,960
neglect report that the person making the report was so informed 9,961
and, if provided at the time of the making of the report, shall 9,962
include the person's name, address, and telephone number in the 9,963
report.
Each request is subject to verification of the identity of 9,965
the person making the report. If that person's identity is 9,968
verified, the agency shall provide the person with the 9,970
information described in division (K)(1) of this section a 9,971
reasonable number of times, except that the agency shall not
disclose any confidential information regarding the child who is 9,973
the subject of the report other than the information described in 9,974
those divisions.
(3) A request made pursuant to division (K)(1) of this 9,976
section is not a substitute for any report required to be made 9,977
pursuant to division (A) of this section. 9,978
(4) If an agency other than the agency that received or 9,981
was referred the report is conducting the investigation of the 9,982
report pursuant to section 2151.422 of the Revised Code, the 9,984
agency conducting the investigation shall comply with the 9,985
requirements of division (K) of this section. 9,986
(L) The department DIRECTOR of human JOB AND FAMILY 9,989
services shall adopt rules in accordance with Chapter 119. of the 9,991
Revised Code to implement this section. The department OF JOB 9,992
AND FAMILY SERVICES may enter into a plan of cooperation with any 9,995
other governmental entity to aid in ensuring that children are 9,996
222
protected from abuse and neglect. The department shall make
recommendations to the attorney general that the department 9,997
determines are necessary to protect children from child abuse and 9,998
child neglect. 9,999
(M) No later than the end of the day following the day on 10,002
which a public children services agency receives a report of 10,003
alleged child abuse or child neglect, or a report of an alleged 10,004
threat of child abuse or child neglect, that allegedly occurred 10,005
in or involved an out-of-home care entity, the agency shall 10,006
provide written notice of the allegations contained in and the 10,008
person named as the alleged perpetrator in the report to the 10,009
administrator, director, or other chief administrative officer of 10,010
the out-of-home care entity that is the subject of the report 10,011
unless the administrator, director, or other chief administrative 10,012
officer is named as an alleged perpetrator in the report. If the 10,013
administrator, director, or other chief administrative officer of 10,014
an out-of-home care entity is named as an alleged perpetrator in 10,015
a report of alleged child abuse or child neglect, or a report of 10,016
an alleged threat of child abuse or child neglect, that allegedly 10,017
occurred in or involved the out-of-home care entity, the agency 10,018
shall provide the written notice to the owner or governing board 10,020
of the out-of-home care entity that is the subject of the report. 10,021
The agency shall not provide witness statements or police or 10,023
other investigative reports.
(N) No later than three days after the day on which a 10,026
public children services agency that conducted the investigation 10,027
as determined pursuant to section 2151.422 of the Revised Code 10,028
makes a disposition of an investigation involving a report of 10,029
alleged child abuse or child neglect, or a report of an alleged 10,030
threat of child abuse or child neglect, that allegedly occurred 10,031
in or involved an out-of-home care entity, the agency shall send 10,034
written notice of the disposition of the investigation to the 10,035
administrator, director, or other chief administrative officer 10,036
and the owner or governing board of the out-of-home care entity. 10,037
223
The agency shall not provide witness statements or police or 10,039
other investigative reports.
Sec. 2151.43. In cases against an adult under sections 10,048
2151.01 to 2151.54 of the Revised Code, any person may file an 10,049
affidavit with the clerk of the juvenile court setting forth 10,050
briefly, in plain and ordinary language, the charges against the 10,051
accused who shall be tried thereon. When the child is a 10,052
recipient of aid pursuant to Chapter 5107. or 5115. of the 10,054
Revised Code, the county department of human JOB AND FAMILY
services shall file charges against any person who fails to 10,056
provide support to a child in violation of section 2919.21 of the 10,057
Revised Code, unless the department files charges under section 10,058
3113.06 of the Revised Code, or unless charges of nonsupport are 10,059
filed by a relative or guardian of the child, or unless action to 10,060
enforce support is brought under Chapter 3115. of the Revised 10,061
Code.
In such prosecution an indictment by the grand jury or 10,063
information by the prosecuting attorney shall not be required. 10,064
The clerk shall issue a warrant for the arrest of the accused, 10,065
who, when arrested, shall be taken before the juvenile judge and 10,066
tried according to such sections. 10,067
The affidavit may be amended at any time before or during 10,069
the trial. 10,070
The judge may bind such adult over to the grand jury, where 10,072
the act complained of constitutes a felony. 10,073
Sec. 2151.49. In every case of conviction under sections 10,082
2151.01 to 2151.54 of the Revised Code, where imprisonment is 10,083
imposed as part of the punishment, the juvenile judge may suspend 10,084
sentence, before or during commitment, upon such condition as the 10,085
juvenile judge imposes. In the case of conviction for 10,086
non-support of a child who is receiving aid under Chapter 5107. 10,087
or 5115. of the Revised Code, if the juvenile judge suspends 10,088
sentence on condition that the person make payments for support, 10,089
the payment shall be made to the county department of human JOB 10,090
224
AND FAMILY services rather than to the child or custodian of the 10,091
child.
The court, in accordance with section 3113.217 of the 10,093
Revised Code, shall include in each support order made under this 10,095
section the requirement that one or both of the parents provide 10,096
for the health care needs of the child to the satisfaction of the 10,097
court.
Sec. 2151.86. (A)(1) The appointing or hiring officer of 10,106
any entity that employs any person responsible for a child's care 10,107
in out-of-home care shall request the superintendent of the 10,108
bureau of criminal identification and investigation to conduct a 10,109
criminal records check with respect to any applicant who has 10,110
applied to the entity for employment as a person responsible for 10,111
a child's care in out-of-home care. The administrative director 10,112
of any entity that designates a person as a prospective adoptive 10,113
parent or as a prospective foster parent shall request the 10,114
superintendent to conduct a criminal records check with respect 10,115
to that person. If the applicant, prospective adoptive parent, 10,116
or prospective foster parent does not present proof that the 10,117
applicant or prospective adoptive or foster parent has been a 10,118
resident of this state for the five-year period immediately prior 10,120
to the date upon which the criminal records check is requested or 10,121
does not provide evidence that within that five-year period the 10,122
superintendent has requested information about the applicant or 10,123
prospective adoptive or foster parent from the federal bureau of 10,124
investigation in a criminal records check, the appointing or 10,125
hiring officer or administrative director shall request that the 10,126
superintendent obtain information from the federal bureau of 10,127
investigation as a part of the criminal records check. If the 10,128
applicant, prospective adoptive parent, or prospective foster 10,129
parent presents proof that the applicant or prospective adoptive 10,130
or foster parent has been a resident of this state for that 10,131
five-year period, the appointing or hiring officer or 10,132
administrator may request that the superintendent include 10,133
225
information from the federal bureau of investigation in the 10,134
criminal records check.
(2) Any person required by division (A)(1) of this section 10,136
to request a criminal records check shall provide to each 10,137
applicant, prospective adoptive parent, or prospective foster 10,138
parent a copy of the form prescribed pursuant to division (C)(1) 10,139
of section 109.572 of the Revised Code and a standard impression 10,140
sheet to obtain fingerprint impressions prescribed pursuant to 10,141
division (C)(2) of section 109.572 of the Revised Code, obtain 10,142
the completed form and impression sheet from each applicant, 10,143
prospective adoptive parent, or prospective foster parent, and 10,144
forward the completed form and impression sheet to the 10,145
superintendent of the bureau of criminal identification and 10,146
investigation at the time the person requests a criminal records 10,147
check pursuant to division (A)(1) of this section. 10,148
(3) Any applicant, prospective adoptive parent, or 10,150
prospective foster parent who receives pursuant to division 10,151
(A)(2) of this section a copy of the form prescribed pursuant to 10,152
division (C)(1) of section 109.572 of the Revised Code and a copy 10,153
of an impression sheet prescribed pursuant to division (C)(2) of 10,154
that section and who is requested to complete the form and 10,155
provide a set of fingerprint impressions shall complete the form 10,156
or provide all the information necessary to complete the form and 10,157
shall provide the impression sheet with the impressions of the 10,158
applicant's or prospective adoptive or foster parent's 10,159
fingerprints. If an applicant, prospective adoptive parent, or 10,160
prospective foster parent, upon request, fails to provide the 10,161
information necessary to complete the form or fails to provide 10,162
impressions of the applicant's or prospective adoptive or foster 10,163
parent's fingerprints, the entity shall not employ that applicant 10,164
for any position for which a criminal records check is required 10,166
by division (A)(1) of this section and shall not consider the 10,167
prospective adoptive parent or prospective foster parent as an 10,168
adoptive parent or foster parent.
226
(B)(1) No entity shall employ a person as a person 10,170
responsible for a child's care in out-of-home care or permit a 10,171
person to become an adoptive parent or foster parent if the 10,172
person previously has been convicted of or pleaded guilty to any 10,173
of the following, unless the person meets rehabilitation 10,174
standards established in rules adopted under division (E) of this 10,175
section:
(a) A violation of section 2903.01, 2903.02, 2903.03, 10,177
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 10,178
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 10,180
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 10,181
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 10,182
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 10,183
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 10,184
2925.06, or 3716.11 of the Revised Code, a violation of section 10,185
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 10,186
have been a violation of section 2905.04 of the Revised Code as 10,187
it existed prior to July 1, 1996, had the violation been 10,188
committed prior to that date, a violation of section 2925.11 of 10,189
the Revised Code that is not a minor drug possession offense, or 10,190
felonious sexual penetration in violation of former section 10,191
2907.12 of the Revised Code;
(b) A violation of an existing or former law of this 10,193
state, any other state, or the United States that is 10,194
substantially equivalent to any of the offenses described in 10,195
division (B)(1)(a) of this section.
(2) An out-of-home care entity may employ an applicant 10,197
conditionally until the criminal records check required by this 10,198
section is completed and the entity receives the results of the 10,199
criminal records check. If the results of the criminal records 10,200
check indicate that, pursuant to division (B)(1) of this section, 10,201
the applicant does not qualify for employment, the entity shall 10,202
release the applicant from employment. 10,203
227
(C)(1) The out-of-home care entity shall pay to the bureau 10,205
of criminal identification and investigation the fee prescribed 10,206
pursuant to division (C)(3) of section 109.572 of the Revised 10,207
Code for each criminal records check conducted in accordance with 10,208
that section upon a request pursuant to division (A)(1) of this 10,209
section. 10,210
(2) An out-of-home care entity may charge an applicant, 10,212
prospective adoptive parent, or prospective foster parent a fee 10,213
for the costs it incurs in obtaining a criminal records check 10,214
under this section. A fee charged under this division shall not 10,215
exceed the amount of fees the entity pays under division (C)(1) 10,216
of this section. If a fee is charged under this division, the 10,217
entity shall notify the applicant, prospective adoptive parent, 10,218
or prospective foster parent at the time of the person's initial 10,219
application for employment or for becoming an adoptive parent or 10,220
foster parent of the amount of the fee and that, unless the fee 10,221
is paid, the entity will not consider the person for employment 10,223
or as an adoptive parent or foster parent. 10,224
(D) The report of any criminal records check conducted by 10,226
the bureau of criminal identification and investigation in 10,227
accordance with section 109.572 of the Revised Code and pursuant 10,228
to a request made under division (A)(1) of this section is not a 10,229
public record for the purposes of section 149.43 of the Revised 10,230
Code and shall not be made available to any person other than the 10,231
applicant, prospective adoptive parent, or prospective foster 10,232
parent who is the subject of the criminal records check or the 10,233
applicant's or prospective adoptive or foster parent's 10,234
representative; the entity requesting the criminal records check 10,235
or its representative; the state department of human JOB AND 10,236
FAMILY services or a county department of human JOB AND FAMILY 10,238
services; and any court, hearing officer, or other necessary 10,240
individual involved in a case dealing with the denial of 10,241
employment to the applicant or the denial of consideration as an 10,242
adoptive parent or foster parent.
228
(E) The department DIRECTOR of human JOB AND FAMILY 10,245
services shall adopt rules pursuant to Chapter 119. of the 10,247
Revised Code to implement this section. The rules shall include 10,248
rehabilitation standards a person who has been convicted of or 10,250
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 10,251
responsible for a child's care in out-of-home care or permit the 10,252
person to become an adoptive parent or foster parent. 10,253
(F) Any person required by division (A)(1) of this section 10,255
to request a criminal records check shall inform each person, at 10,256
the time of the person's initial application for employment with 10,257
an entity as a person responsible for a child's care in 10,258
out-of-home care or the person's initial application for becoming 10,259
an adoptive parent or foster parent, that the person is required 10,260
to provide a set of impressions of the person's fingerprints and 10,261
that a criminal records check is required to be conducted and 10,262
satisfactorily completed in accordance with section 109.572 of 10,263
the Revised Code if the person comes under final consideration 10,264
for appointment or employment as a precondition to employment for 10,265
that position or if the person is to be given final consideration 10,266
as an adoptive parent or foster parent.
(G) As used in this section: 10,268
(1) "Applicant" means a person who is under final 10,270
consideration for appointment or employment as a person 10,271
responsible for a child's care in out-of-home care. 10,272
(2) "Person responsible for a child's care in out-of-home 10,274
care" has the same meaning as in section 2151.011 of the Revised 10,275
Code, except that it does not include a prospective employee of 10,276
the department of youth services or a person responsible for a 10,277
child's care in a hospital or medical clinic other than a 10,278
children's hospital. 10,279
(3) "Children's hospital" means any of the following: 10,281
(a) A hospital registered under section 3701.07 of the 10,283
Revised Code that provides general pediatric medical and surgical 10,284
229
care, and in which at least seventy-five per cent of annual 10,285
inpatient discharges for the preceding two calendar years were 10,286
individuals less than eighteen years of age; 10,287
(b) A distinct portion of a hospital registered under 10,289
section 3701.07 of the Revised Code that provides general 10,290
pediatric medical and surgical care, has a total of at least one 10,291
hundred fifty registered pediatric special care and pediatric 10,292
acute care beds, and in which at least seventy-five per cent of 10,293
annual inpatient discharges for the preceding two calendar years 10,294
were individuals less than eighteen years of age; 10,295
(c) A distinct portion of a hospital, if the hospital is 10,297
registered under section 3701.07 of the Revised Code as a 10,298
children's hospital and the children's hospital meets all the 10,299
requirements of division (G)(3)(a) of this section. 10,300
(4) "Criminal records check" has the same meaning as in 10,302
section 109.572 of the Revised Code. 10,303
(5) "Minor drug possession offense" has the same meaning 10,305
as in section 2925.01 of the Revised Code. 10,306
Sec. 2301.35. (A) Each county shall have a child support 10,315
enforcement agency. A government entity designated under this 10,317
section prior to the effective date of this amendment OCTOBER 1, 10,318
1997, or a private or government entity designated under section 10,319
307.981 of the Revised Code on or after that date may serve as a 10,320
county's child support enforcement agency. 10,321
(B) Each child support enforcement agency shall enter into 10,324
a plan of cooperation with the board of county commissioners 10,325
under section 307.983 of the Revised Code and comply with the 10,326
partnership agreement the board enters into under section 307.98 10,327
and contracts the board enters into under sections 307.981 and 10,328
307.982 of the Revised Code that affect the agency.
(C) The child support enforcement agency for a county is 10,330
the local Title IV-D agency for the county and shall operate a 10,331
program for support enforcement in the county, which program 10,332
shall comply with Title IV-D of the "Social Security Act," 88 10,333
230
Stat. 2351 (1975), 42 U.S.C. 651, as amended, any rules adopted 10,334
pursuant to that title, and sections 2151.23, 2151.231, 2151.232, 10,335
2151.33, 2301.34 to 2301.46, 3105.18, 3105.21, 3109.05, 3109.19, 10,337
3111.13, 3111.20, 3111.211, 3111.22, 3113.04, 3113.21 to 10,339
3113.219, 3113.31, and 3115.31 of the Revised Code. Each child 10,340
support enforcement agency shall be operated under the 10,342
supervision of the state department of human JOB AND FAMILY 10,343
services in accordance with the program of child support 10,346
enforcement established pursuant to section 5101.31 of the 10,347
Revised Code, shall be responsible in the county it serves for 10,348
the enforcement of support orders, and shall perform all 10,349
administrative duties related to the enforcement of any support 10,351
order. Except as provided in division (H) of this section and 10,352
pursuant to sections 2301.38 and 2301.45 of the Revised Code, no
child support enforcement agency shall collect any support 10,354
amounts due under a support order as part of its duties to 10,355
enforce support orders. No child support enforcement agency 10,356
shall use any social security number made available to it under 10,357
section 3705.07 of the Revised Code for any purpose other than 10,358
child support enforcement. The department shall ensure that all 10,359
child support enforcement agencies comply with all applicable 10,360
state and federal support regulations, including the affirmative 10,361
duties of Title IV-D of the Social Security Act. 10,362
Each child support enforcement agency may enter into 10,364
contracts with public agencies and private vendors for assistance 10,365
in establishing paternity or support obligations, or for the 10,366
performance of other administrative duties of the agency. Each 10,367
child support enforcement agency may contract with a collection 10,368
agent for the collection of arrearages owed under child support 10,370
orders being administered by the agency. Before entering into a 10,371
contract for assistance in establishing paternity or support 10,372
obligations, for other administrative services, or for the 10,373
collection of arrearages by a collection agent, a child support 10,374
enforcement agency shall comply with sections 307.86 to 307.92 of 10,375
231
the Revised Code and any rules adopted by the state department 10,376
DIRECTOR of human JOB AND FAMILY services pursuant to division 10,378
(D)(1) of this section.
(D)(1) The state department DIRECTOR of human JOB AND 10,381
FAMILY services shall adopt rules under Chapter 119. of the 10,382
Revised Code governing the operation of support enforcement by 10,383
child support enforcement agencies. The rules shall include, but 10,384
shall not be limited to, provisions relating to contracts between 10,385
the agencies and boards of county commissioners entered into 10,386
under division (B)(1) of this section, requirements for public 10,387
hearings by the agencies, and provisions for appeals of agency 10,388
decisions under procedures established by the department 10,390
DIRECTOR.
(2) The state department DIRECTOR of human JOB AND FAMILY 10,393
services shall adopt in accordance with Chapter 119. of the 10,394
Revised Code rules governing the establishment by child support 10,395
enforcement agencies of on-site genetic testing programs to be 10,396
used in actions under sections 3111.01 to 3111.19 of the Revised 10,397
Code and in administrative procedures under sections 3111.20 to 10,398
3111.29 of the Revised Code. The rules shall include, but are 10,399
not limited to, provisions relating to the environment in which a 10,400
blood or buccal cell sample may be drawn, the medical personnel 10,401
who may draw a sample, the trained personnel who may perform the 10,402
genetic comparison, the types of genetic testing that may be 10,403
performed on a sample, and the procedure for notifying the court 10,404
of the location at which the sample will be drawn, who will draw 10,405
the sample, and who will perform the genetic testing on the 10,406
sample, and any other procedures or standards the department 10,408
DIRECTOR determines are necessary for the implementation of 10,409
on-site genetic testing. 10,410
(E) Each child support enforcement agency designated under 10,412
this section shall enter into written agreements with the courts, 10,413
the prosecuting attorney, and law enforcement officials of the 10,414
county it serves, which agreements shall establish cooperative 10,415
232
working arrangements and specify areas of responsibility for the 10,416
enforcement of support among the agency, courts, and officials. 10,417
The agreements shall provide for the reimbursement of the courts 10,418
and law enforcement officials for the responsibilities they 10,419
assume and actions they undertake pursuant to such agreements. 10,420
(F)(1) A child support enforcement agency shall maintain 10,423
records of support orders being administered or otherwise handled 10,424
by the agency pursuant to section 5101.319 of the Revised Code.
(2) Each obligor and each obligee under a support order 10,426
may review all records maintained under division (F)(1) of this 10,428
section that pertain to the support order and any other
information maintained by the child support enforcement agency, 10,430
except to the extent prohibited by state or federal law. 10,431
(G)(1) A court or administrative agency that issues or 10,434
modifies a support order shall impose a processing charge that is 10,436
the greater of two per cent of the support payment to be 10,437
collected under a support order or one dollar per month on the 10,438
obligor under the support order. The obligor shall pay the 10,441
amount with every current support payment, and with every payment 10,442
on arrearages. No court or agency may call the charge a poundage 10,443
fee.
(2) The board of county commissioners of each county shall 10,445
budget and appropriate to the child support enforcement agency 10,446
serving the county all of the following: 10,447
(a) All federal money payable to the child support 10,449
enforcement agency on the basis of its success in implementing 10,451
activities related to child support enforcement under Title IV-D 10,452
of the Social Security Act; 10,453
(b) Any funds that may be received from other federal or 10,455
state sources for the child support enforcement agency; 10,456
(3) All moneys received from the federal or state 10,459
government for reimbursement for support enforcement activities 10,460
shall be used solely for support enforcement activities. 10,461
(4) A board of county commissioners may request that the 10,463
233
department of human JOB AND FAMILY services grant a waiver of the 10,465
requirement that the money specified in division (G)(2)(a) of 10,466
this section be budgeted and appropriated to the child support 10,468
enforcement agency if the board can demonstrate, by meeting 10,469
criteria established by the department, that the child support 10,470
enforcement agency is effectively using procedures for 10,471
establishing paternity, meeting the mandated service needs of 10,472
clients, and complying with all applicable state and federal 10,473
support rules and regulations.
(5) A child support enforcement agency may invest any of 10,475
the moneys collected pursuant to the performance of its duties 10,476
under sections 2301.34 to 2301.46 of the Revised Code in a 10,478
repurchase agreement in which a bank agrees to sell short-term 10,479
federally guaranteed securities with an obligation of the bank to 10,480
repurchase the securities. All interest derived pursuant to 10,481
investments made under this division shall be retained by the 10,482
child support enforcement agency and used solely for support 10,483
enforcement activities. 10,484
(H)(1) Notwithstanding any other section of the Revised 10,487
Code and except as provided in division (H)(4) of this section, a 10,489
child support enforcement agency shall collect and disburse all
support amounts under a support order it is administering 10,491
pursuant to law as it existed prior to the effective date of this 10,493
amendment JANUARY 1, 1998, and shall collect the additional 10,495
amount imposed under division (G)(1) of this section as it 10,496
existed prior to the effective date of this amendment JANUARY 1, 10,498
1998, until the support order is converted to the automated data 10,499
processing system under section 5101.322 of the Revised Code and 10,501
the division of child support in the department of human JOB AND 10,502
FAMILY services authorizes centralized collection and 10,504
disbursement of support amounts under the support order pursuant 10,505
to the rules adopted under division (F)(1) of section 5101.325 of 10,506
the Revised Code. Once the support order is converted and the 10,509
division gives the authorization, the support amounts and the 10,510
234
additional amount shall be collected, and the support amount 10,511
shall be disbursed, under the support order according to the 10,512
provisions of House Bill No. 352 of the 122nd general assembly. 10,513
(2) Notwithstanding any other section of the Revised Code 10,516
and except as provided in division (H)(4) of this section, the 10,517
agency administering the support order shall collect the amounts 10,518
permitted to be collected, and perform other duties required, 10,519
with respect to the support order pursuant to division (D)(1) of 10,520
section 2301.373, division (B)(3)(a) of section 2301.374, 10,522
divisions (E)(4)(b), (F), and (I) of section 3111.23, division 10,523
(E) of section 3111.99, divisions (G)(4)(b), (H)(3), and (K) of 10,526
section 3113.21, division (B) of section 3113.212, division (E) 10,528
of section 3113.99, and division (A)(3) of section 5101.323 of 10,530
the Revised Code as those sections existed prior to the effective 10,532
date of this amendment JANUARY 1, 1998, and the agency shall 10,533
collect the amounts permitted to be collected by the division, 10,534
and perform other duties required of the division, with respect 10,535
to the support order pursuant to division (D)(1)(a) of section 10,537
2301.375 and division (D)(2) of section 2301.43 of the Revised 10,539
Code as those sections are enacted by House Bill No. 352 of the 10,541
122nd general assembly, until the support order is converted and 10,542
authorization for centralized collection and disbursement is 10,543
given. Once the support order is converted and the authorization 10,545
is given, the amounts shall be collected, and the duties shall be 10,547
performed, by the division according to the provisions of House 10,548
Bill No. 352 of the 122nd general assembly. 10,549
(3) All support orders shall be converted and all 10,551
authorizations shall be given by the division prior to July 1, 10,552
1999.
(4)(a) After conversion occurs and authorization for 10,555
centralized collection and disbursement is granted pursuant to 10,556
this section, a child support enforcement agency may continue to 10,557
collect the following amounts from obligors who pay the amounts 10,558
in person at the office of the agency:
235
(i) Current support amounts and arrearages due under a 10,561
support order being administered by the agency and the additional 10,562
amount imposed pursuant to division (G)(1) of this section with 10,563
respect to the order; 10,564
(ii) Amounts collected pursuant to division (D)(1) of 10,567
section 2301.373, divisions (B)(3)(a) and (C)(3)(a) of section 10,569
2301.374, section 2301.375, division (D)(2) of section 2301.43, 10,571
division (E) of section 3111.99, division (E) of section 3113.99, 10,574
and division (A)(3) of section 5101.323 of the Revised Code. 10,576
(b) All amounts collected pursuant to division (H)(4)(a) 10,579
of this section shall be forwarded to the division no later than 10,580
one day after receipt of the amounts. 10,581
(5) Amounts collected by a collection agent that has a 10,583
contract with a child support enforcement agency pursuant to 10,584
division (C) of this section shall be paid to the division. The 10,586
agency shall forward any amounts collected pursuant to sections 10,587
2301.38 and 2301.45 of the Revised Code to the division no later 10,588
than one day after receipt of those amounts.
(I)(1) Subject to division (I)(2) of this section, all 10,590
support orders that are administered by a child support 10,591
enforcement agency designated under this section and are eligible 10,592
for Title IV-D services shall be Title IV-D cases under Title 10,593
IV-D of the "Social Security Act." Subject to division (I)(2) of 10,594
this section, all obligees of support orders administered by the 10,595
child support enforcement agency shall be considered to have 10,596
filed a signed application for Title IV-D services. 10,597
(2) A court that issues or modifies a support order shall 10,600
require the obligee under the order to sign, at the time of the 10,601
issuance or modification of the order, an application for Title 10,602
IV-D services and to file, as soon as possible, the signed 10,603
application with the child support enforcement agency that will 10,604
administer the order. The application shall be on a form 10,605
prescribed by the department of human JOB AND FAMILY services. A 10,606
support order that is administered by a child support enforcement 10,608
236
agency, and that is eligible for Title IV-D services shall be a 10,609
Title IV-D case under Title IV-D of the "Social Security Act" 10,610
only upon the filing of the signed application for Title IV-D 10,611
services.
(3) A child support enforcement agency shall make 10,613
available an application for Title IV-D services to all persons 10,614
requesting a child support enforcement agency's assistance in an 10,615
action under sections 3111.01 to 3111.19 of the Revised Code or 10,616
in an administrative proceeding brought under sections 3111.20 to 10,617
3111.29 of the Revised Code. 10,618
(J)(1) As used in this section, "current support payment" 10,620
means the amount of support due an obligee that an obligor is 10,621
required to pay in a particular payment for the current month as 10,622
specified in a support order. "Current support payment" does not 10,623
include payments on arrearages under the support order. 10,624
(2) As used in the Revised Code, "child support 10,626
enforcement agency" means the child support enforcement agency 10,627
designated under this section prior to the effective date of this 10,628
amendment OCTOBER 1, 1997, or a private or government entity 10,630
designated a child support enforcement agency under section 10,631
307.981 of the Revised Code on or after that date.
Sec. 2301.356. If a child support enforcement agency is 10,640
made a party to an action brought to establish a parent and child 10,641
relationship under sections 3111.01 to 3111.19 of the Revised 10,642
Code and the court orders the parties to the action to submit to 10,644
genetic testing or the agency orders the parties to submit to 10,645
genetic testing under sections 3111.22 to 3111.29 of the Revised 10,646
Code, the agency shall provide for collection of samples and 10,648
performance of genetic testing in accordance with generally 10,649
accepted medical techniques. If a court ordered the genetic 10,650
testing, the agency shall inform the court of the procedures for 10,651
collecting the samples and performing the genetic tests, in 10,652
accordance with the rules governing on-site genetic testing 10,653
adopted by the department DIRECTOR of human JOB AND FAMILY 10,654
237
services pursuant to section 2301.35 of the Revised Code. 10,655
Sec. 2301.358. (A) A child support enforcement agency, in 10,664
accordance with the rules adopted by the department DIRECTOR of 10,665
human JOB AND FAMILY services pursuant to division (B) of this 10,667
section, shall employ an administrative officer, contract with 10,668
another entity to provide an administrative officer, or contract 10,669
with an individual to serve as an administrative officer to 10,670
issue, in accordance with sections 3111.22 to 3111.29 and 10,671
3113.215 of the Revised Code, administrative orders determining 10,673
the existence or nonexistence of a parent and child relationship 10,674
and requiring the payment of child support, or in accordance with 10,675
sections 3111.20, 3111.23 to 3111.29, and 3113.215 of the Revised 10,676
Code, administrative orders requiring the payment of child 10,678
support.
(B) The department DIRECTOR of human JOB AND FAMILY 10,681
services shall adopt rules in accordance with Chapter 119. of the 10,683
Revised Code regulating administrative officers who issue 10,684
administrative orders described in division (A) of this section, 10,686
including, but not limited to: 10,687
(1) The qualifications of the administrative officer; 10,689
(2) Any other procedures, requirements, or standards 10,691
necessary for the employment of the administrative officer. 10,692
Sec. 2301.36. (A) Upon issuing or modifying a support 10,701
order, issuing any withholding or deduction notice described in 10,702
division (D) of section 3113.21 of the Revised Code, or issuing a 10,703
court order described in division (D)(3) or (4) of that section, 10,705
the court shall require that support payments be made to the 10,706
division of child support in the department of human JOB AND 10,708
FAMILY services as trustee for remittance to the person entitled 10,709
to receive payments, except as otherwise provided in division (H) 10,710
of section 2301.35 or sections 2151.49 and 3113.07 of the Revised 10,711
Code. Any payment of money by the person responsible for the 10,712
support payments under a support order to the person entitled to 10,713
receive the support payments that is not made to the division in 10,714
238
accordance with the applicable support order shall not be 10,717
considered as a payment of support and, unless the payment is 10,718
made to discharge an obligation other than support, shall be 10,719
deemed to be a gift. Division (C) of section 3113.211 and 10,720
section 5101.325 of the Revised Code apply to support payments 10,722
made to the division. 10,723
(B) When a support order is issued or modified, a 10,726
withholding or deduction notice described in division (D) of 10,727
section 3113.21 or division (B) of section 3111.23 of the Revised 10,729
Code is issued, or an order described in division (D)(3) or (4) 10,731
of section 3113.21 or section 3111.231 of the Revised Code is 10,732
issued, or at any time after the support order is issued or 10,735
modified, the court may order the division to, or the agency may 10,738
issue an order requiring the division to, transmit the payments 10,740
or make them payable to any third person that is either agreed 10,741
upon by the parties and approved by the court or appointed by the 10,742
court, with respect to a court-issued support order, or is either 10,743
agreed upon by the parties and approved by the agency or
appointed by the agency, with respect to an administrative 10,744
support order. Third persons include, but are not limited to, a 10,745
trustee, a custodian, the guardian of the estate of the child, 10,746
the county department of human JOB AND FAMILY services, public 10,747
children services agency, or any appropriate social agency. 10,749
(C) Any person named pursuant to division (B) of this 10,751
section is entitled to receive the support payments. The court 10,752
may allow the person to receive a reasonable fee for services 10,753
rendered pursuant to this section. The person shall make 10,754
financial reports in connection with these services at the time 10,755
and in the manner prescribed by the court or as required by law. 10,756
(D) The parties affected by the support order shall inform 10,758
the child support enforcement agency of any change of name or 10,759
address or other change of conditions that may affect the 10,760
administration of the order. 10,761
(E) Any person entitled to receive support payments either 10,763
239
personally or on behalf of another person, by reason of any 10,764
support order that does not direct that payments be made to the 10,765
division, may apply to the appropriate agency for the 10,768
administration of the order. Upon receipt of the application, 10,769
the agency has the same powers to administer the order as it 10,770
would have had if the order had been entered under division (A) 10,771
of this section. The agency shall notify the obligor by any 10,772
method of service authorized under the Civil Rules to make all 10,773
support payments due after service of the notice upon the obligor 10,774
to the division. An obligor so notified by a child support 10,775
enforcement shall make all subsequent payments to the division 10,777
unless the involved court, upon the obligor's application filed 10,779
within thirty days after service of the notice upon the obligor, 10,780
orders the child support enforcement agency not to administer the 10,781
support order. 10,782
Sec. 2301.37. (A) If the records maintained by a child 10,791
support enforcement agency indicate that an obligor is in 10,793
default, the agency shall comply with section 3113.21 of the 10,794
Revised Code.
(B) If the court is required to issue a withholding or 10,796
deduction notice under division (D) of section 3113.21 of the 10,797
Revised Code or to issue a court order described in division 10,798
(D)(3) or (4) of that section and fails to do so, if the court 10,800
issued an order under division (B)(1) of section 3113.21 of the 10,801
Revised Code, as it existed immediately preceding December 1, 10,802
1986, or issues a withholding or deduction notice under division 10,803
(D) of section 3113.21 of the Revised Code or issues a court 10,804
order described in division (D)(3) or (4) of that section and the 10,806
court determines that the order, withholding or deduction notice 10,807
will not ensure payment of the support due under the child 10,808
support order, or if the obligor fails after the issuance of a 10,809
notice or court order under section 3113.21 of the Revised Code 10,810
to comply with the notice or court order, the court shall notify 10,811
the child support enforcement agency, and the agency shall notify 10,812
240
the obligee of the default, of the obligee's rights and remedies, 10,813
and that the child support enforcement agency is the agency 10,814
responsible in the county for enforcing support orders under 10,816
section 2301.35 of the Revised Code, Title IV-D of the "Social 10,817
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, 10,818
and section 5101.31 of the Revised Code. The notice shall 10,819
contain a printed explanation of the provisions of sections 10,820
2301.37 to 2301.40 and 3113.21 of the Revised Code.
(C) No child support enforcement agency, solely because 10,822
the support due under a support order has not been paid or has 10,823
not been paid periodically or recently, shall consider, list, or 10,824
otherwise administer the support order or the case pertaining to 10,825
it as if either were closed or close the files or the case 10,826
pertaining to the support order. The department DIRECTOR of 10,827
human JOB AND FAMILY services shall adopt, revise, or amend rules 10,829
under Chapter 119. of the Revised Code to assist in the 10,830
implementation of this division. 10,831
Sec. 2301.371. (A) If a child support enforcement agency 10,840
discovers pursuant to an investigation conducted under section 10,841
2301.37 of the Revised Code that an obligor under a child support 10,842
order that it is administering may be receiving unemployment 10,843
compensation benefits or if a child support enforcement agency 10,844
receives notice or otherwise discovers that an obligor under a 10,845
child support order may be receiving unemployment compensation 10,846
benefits, the agency promptly shall conduct an investigation to 10,847
determine whether the obligor is receiving unemployment 10,848
compensation benefits and to determine the amount of the 10,849
benefits. The investigation shall be completed within ten days 10,850
of the agency's discovery or receipt of the notice. 10,851
(B) Upon completion of an investigation conducted under 10,853
division (A) of this section, if the agency finds that the 10,854
obligor is receiving unemployment compensation benefits, it 10,855
shall, in accordance with sections 3111.20 to 3111.28 and 3113.21 10,856
to 3113.219 of the Revised Code, division (D)(4) of section 10,858
241
4141.28 of the Revised Code, and federal law governing the bureau 10,859
DEPARTMENT of employment JOB AND FAMILY services, notify the 10,860
bureau DEPARTMENT of employment JOB AND FAMILY services to 10,861
withhold or deduct an amount from the unemployment compensation 10,863
benefits to pay child support obligations. 10,864
The agency may not impose the processing charge pursuant to 10,866
division (G)(1) of section 2301.35 of the Revised Code with 10,867
respect to amounts withheld or deducted from unemployment 10,869
compensation pursuant to this section.
(C) The department DIRECTOR of human JOB AND FAMILY 10,872
services shall adopt rules in accordance with Chapter 119. of the 10,873
Revised Code to implement this section, which rules shall be 10,874
consistent with division (D)(4) of section 4141.28 of the Revised 10,875
Code and federal law governing the bureau of employment services 10,876
DEPARTMENT.
Sec. 2301.372. If a court or a child support enforcement 10,886
agency fails to comply with the requirements of section 2301.37 10,887
or 3113.21 of the Revised Code and if the rights to support have 10,888
been assigned to the department of human JOB AND FAMILY services
under section 5107.20 of the Revised Code or the responsibility 10,890
for the collection of support has been assumed under Title IV-D 10,891
of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 10,892
651, as amended, the child support enforcement agency shall, 10,893
unless the office of the prosecuting attorney has been designated 10,894
as the child support enforcement agency for the county, notify 10,895
the prosecuting attorney of the county in which the obligee 10,897
resides. If the office of the prosecuting attorney has been 10,898
designated as the child support enforcement agency, the board of 10,899
county commissioners of the county shall seek a writ of mandamus 10,900
under Chapter 2731. of the Revised Code directing the prosecuting 10,901
attorney to comply with the requirements of this section and 10,902
section 2301.37 or 3113.21 of the Revised Code. Upon receipt of 10,903
the notice or the issuance of the writ of mandamus, the 10,904
prosecuting attorney shall commence either or both of the 10,905
242
following: 10,906
(A) Proceedings under section 3113.21 of the Revised Code 10,908
requesting the issuance of one or more orders under division (D) 10,909
of that section; 10,910
(B) A civil action in the small claims division of the 10,912
municipal or county court within whose jurisdiction the obligor 10,913
resides. 10,914
Sec. 2301.373. (A)(1) As used in this section and 10,923
sections 2301.374 and 2301.375 of the Revised Code, "child 10,926
support order" means any order issued for the support of a child 10,927
pursuant to Chapter 3115. or section 2151.23, 2151.231, 2151.232, 10,928
2151.36, 2151.49, 3105.21, 3109.05, 3111.13, 3111.20, 3111.211, 10,929
3111.22, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised 10,930
Code.
(2) As used in this section: 10,932
(a) "Board" means any entity that has the authority 10,934
pursuant to Title XLVII of the Revised Code to issue a license, 10,935
and any other agency of this state, other than the supreme court, 10,936
that has the authority to issue a license that authorizes an 10,937
individual to engage in an occupation or profession. "Board" 10,938
includes an administrative officer that has authority to issue a 10,939
license that authorizes an individual to engage in an occupation 10,940
or profession.
(b) "License" includes a license, certificate, permit, 10,942
registration, or other authorization to engage in an occupation 10,943
or profession. 10,944
(c) "Obligor" means an individual required to pay support 10,946
under a child support order. 10,947
(B)(1) If a court or child support enforcement agency 10,949
makes a final and enforceable determination pursuant to division 10,950
(B) of section 3113.21 of the Revised Code that an individual is 10,951
in default under a child support order, the agency administering 10,953
the child support order may determine whether the individual 10,954
holds a license issued by a board or, if possible, whether the 10,957
243
individual has applied for, or is likely to apply for, a license. 10,959
If the agency determines that the individual is a license holder,
has applied for, or is likely to apply for a license, it shall 10,960
send to the individual the notice specified in division (C) of 10,962
this section. The agency also may send a notice to the board 10,963
that gives the name and social security number or other 10,964
identifying number of the individual and states that a court or 10,965
agency has determined the individual to be in default under a 10,966
child support order. 10,967
(2) If an obligor fails, after receiving appropriate 10,970
notice, to comply with a subpoena or warrant issued by the court 10,971
or a child support enforcement agency with respect to a 10,972
proceeding to enforce a child support order, the agency 10,973
administering or handling the child support order may determine 10,974
whether the obligor holds a license or, if possible, whether the 10,976
obligor has applied for, or is likely to apply for, a license. 10,977
If the agency determines that the obligor is a license holder, 10,978
has applied for, or is likely to apply for a license, it shall 10,979
send the obligor the notice specified in division (C) of this 10,980
section. The agency may also send a notice to the board that 10,981
gives the name and social security number or other identifying 10,982
number of the obligor and states that the obligor has failed to 10,983
comply with a warrant or subpoena issued by a court or child 10,984
support enforcement agency with respect to a proceeding to 10,985
enforce a child support order. 10,986
(C) Notice shall be sent to the individual described in 10,989
division (B) of this section in compliance with division (G)(1) 10,990
of section 3113.21 of the Revised Code. The notice shall specify 10,991
that a court or agency has determined the individual to be in
default under a child support order or that the individual is an 10,992
obligor who has failed to comply with a subpoena or warrant 10,993
issued by a court or agency with respect to a proceeding to 10,994
enforce a child support order, that a notice containing the 10,995
individual's name and social security number or other 10,997
244
identification number may be sent under division (B) of this 10,999
section to every board that has authority to issue or has issued
the individual a license, and that, if the board receives that 11,000
notice and determines that the individual is the individual named 11,002
in that notice and the board has not received notice under 11,003
division (D) of this section, all of the following will occur: 11,004
(1) The board will not issue any license to the individual 11,006
or renew any license of the individual; 11,007
(2) The board will suspend any license of the individual 11,009
if it determines that the individual is the individual named in 11,010
the notice sent to the board under division (B) of this section; 11,012
(3) If the individual is the individual named in the 11,014
notice, the board will not issue any license to the individual, 11,016
and will not reinstate a suspended license, until the board 11,017
receives a notice under division (D) of this section. 11,018
(D)(1) An agency that sent a notice to a board under 11,021
division (B)(1) of this section shall send to each board to which 11,022
it sent the notice a further notice that the individual is not in 11,023
default under a child support order if it determines that the 11,024
individual is not in default or any of the following occurs: 11,025
(a) The individual makes full payment to the division of 11,028
child support in the department of human JOB AND FAMILY services
or, pursuant to division (H)(4) of section 2301.35 of the Revised 11,030
Code, the child support enforcement agency of the arrearage that 11,033
was the basis for the court or agency determination that the
individual was in default; 11,034
(b) An appropriate withholding or deduction notice or 11,036
other appropriate order has been issued pursuant to section 11,038
3113.21 of the Revised Code to collect current support and any 11,039
arrearage due under the child support order that was in default 11,040
and the individual is complying with the notice or order; 11,041
(c) A new child support order has been issued or the child 11,043
support order that was in default has been modified as provided 11,045
under sections 3113.21 to 3113.219 of the Revised Code to collect 11,046
245
current support and any arrearage due under the child support 11,048
order that was in default and the individual is complying with 11,049
the new or modified child support order.
The agency shall send the notice under this division not 11,051
later than seven days after the agency determines the individual 11,052
is not in default or that any of the circumstances specified in 11,053
division (D)(1)(a), (b), or (c) of this section has occurred. 11,055
(2) An agency that sent a notice to a board under division 11,058
(B)(2) of this section shall send to each board to which it sent 11,059
the notice a further notice that the obligor is no longer out of 11,060
compliance if the court or agency that issued the warrant or 11,061
subpoena removes the warrant or determines that the obligor has 11,062
complied with the subpoena. 11,063
The agency shall send the notice under this division not 11,065
later than seven days after the agency determines that either of 11,066
the circumstances specified in division (D)(2) has occurred. 11,068
(E)(1) A board shall require each application for a 11,070
license, or renewal of a license, issued by the board to include 11,071
the applicant's social security number. 11,072
(2) On receipt of a notice pursuant to division (B) of 11,075
this section, a board shall determine whether the individual 11,076
named in the notice holds or has applied for a license from the 11,077
board. If the board determines that the individual holds or has 11,079
applied for a license and the individual is the individual named 11,080
in the notice and does not receive a notice pursuant to division 11,081
(D) of this section, the board may not issue a license to the 11,082
individual, may not renew a license issued to the individual, and 11,083
shall suspend any license issued to the individual.
(3) The board shall maintain a file containing each notice 11,085
it receives pursuant to division (B) of this section that names 11,087
an individual who does not hold a license issued by the board. 11,088
On receipt of an application for a license from such an 11,089
individual, the board shall proceed in accordance with division 11,090
(E)(2) of this section.
246
(4) Not later than seven days after receipt of a notice 11,092
pursuant to division (D) of this section, the board shall, if the 11,095
individual is otherwise eligible for the license and wants the 11,096
license, issue a license to or renew a license of the individual, 11,097
or if the individual's license was suspended pursuant to division 11,098
(E)(2) of this section, end the suspension. The board may charge 11,100
a fee of not more than fifty dollars to issue or renew or end the 11,101
suspension of a license pursuant to this division.
(5) Notwithstanding section 119.06 of the Revised Code, 11,104
the board shall not hold any hearing in connection with an order 11,105
refusing to issue or renew a license for, or suspending a license 11,106
of, an individual pursuant to this section. 11,107
(F) The department DIRECTOR of human JOB AND FAMILY 11,110
services may adopt rules in accordance with Chapter 119. of the 11,112
Revised Code to implement this section.
Sec. 2301.374. (A) The director of human JOB AND FAMILY 11,121
services services shall specify a date for the purposes of this 11,123
section, which shall be the later of the date the support 11,124
enforcement tracking system is expected to be operational in all
the counties of the state, or November 15, 1997. 11,125
(B)(1)(a) If a court or child support enforcement agency 11,128
makes a final and enforceable determination pursuant to division
(B) of section 3113.21 of the Revised Code prior to the date 11,129
specified under division (A) of this section that an individual 11,130
is in default under a child support order, the agency 11,131
administering the child support order may determine whether the 11,132
individual holds a commercial driver's license or commercial 11,133
driver's temporary instruction permit issued by the registrar of 11,134
motor vehicles or a deputy registrar or, if possible, whether the 11,135
individual has applied, or is likely to apply, for such a license 11,136
or permit. If the agency determines that the individual holds, 11,137
has applied for, or is likely to apply for, such a license or 11,138
permit, it shall send the individual the notice specified in 11,140
division (B)(2) of this section. The agency also may send a 11,141
247
notice to the registrar that gives the name and social security 11,142
number or other identifying number of the individual and states 11,143
that a court or agency has determined the individual to be in 11,144
default under a child support order.
(b) If an individual required to pay support under a child 11,147
support order prior to the date specified in division (A) of this 11,148
section fails, after receiving appropriate notice, to comply with 11,149
a subpoena or warrant issued by the court or a child support 11,150
enforcement agency with respect to a proceeding to enforce a 11,151
child support order, the agency administering the child support 11,152
order may determine whether the individual holds a commercial 11,153
driver's license or commercial driver's temporary instruction 11,154
permit issued by the registrar of motor vehicles or a deputy 11,155
registrar or, if possible, whether the individual has applied, or 11,156
is likely to apply, for such a license or permit. If the agency 11,157
determines that the individual holds, has applied for, or is 11,158
likely to apply for, such a license or permit, it shall send the 11,159
individual the notice specified in division (B)(2) of this 11,161
section. The agency may also send a notice to the registrar of 11,162
motor vehicles that gives the name and social security number or 11,163
other identifying number of the individual and states that the 11,164
individual has failed to comply with a warrant or subpoena issued 11,165
by a court or child support enforcement agency with respect to a 11,166
proceeding to enforce a child support order. 11,167
(2) Notice shall be sent to the individual described in 11,170
division (B)(1) of this section in compliance with division 11,171
(G)(1) of section 3113.21 of the Revised Code. The notice shall 11,172
specify that a court or agency has determined the individual to 11,174
be in default under a child support order or that the individual 11,175
is an obligor under a child support order who has failed to 11,176
comply with a subpoena or warrant issued by a court or agency 11,177
with respect to a proceeding to enforce a child support order, 11,178
that a notice containing the individual's name and social 11,179
security number or other identification number may be sent under 11,180
248
division (B)(1) of this section to the registrar, and that, if 11,182
the registrar receives that notice and determines that the
individual is the individual named in that notice and the 11,183
registrar has not received notice under division (B)(3) of this 11,185
section, all of the following will occur:
(a) The registrar and all deputy registrars will be 11,188
prohibited from issuing to, or renewing for, the individual a 11,189
commercial driver's license or commercial driver's temporary
instruction permit; 11,190
(b) If the individual holds a commercial driver's license 11,192
or commercial driver's temporary instruction permit, the 11,193
registrar will impose a disqualification as defined in section 11,194
4506.01 of the Revised Code with respect to the license or permit 11,196
if the registrar determines that the individual is the individual 11,197
named in the notice sent pursuant to division (B)(1) of this 11,198
section;
(c) If the individual is the individual named in the 11,200
notice, the individual will not be issued, and the 11,201
disqualification will not be removed with respect to, any license 11,202
or permit listed in division (B)(2) of this section until the 11,203
registrar receives a notice under division (B)(3) of this 11,204
section. 11,205
(3)(a) An agency that sent a notice under division 11,208
(B)(1)(a) of this section shall send to the registrar a notice 11,210
that the individual is not in default under a child support order 11,211
if it determines that the individual is not in default or any of 11,212
the following occurs:
(i) The individual makes full payment to the division of 11,215
child support in the department of human JOB AND FAMILY services
services or, pursuant to division (H)(4) of section 2301.35 of 11,217
the Revised Code, the child support enforcement agency of the 11,218
arrearage that was the basis for the court or agency 11,219
determination that the individual was in default; 11,220
(ii) An appropriate withholding or deduction notice or 11,222
249
other appropriate order has been issued pursuant to section 11,223
3113.21 of the Revised Code to collect current support and any 11,224
arrearage due under the child support order that was in default 11,225
and the individual is complying with the notice or order; 11,226
(iii) A new child support order has been issued or the 11,228
child support order that was in default has been modified as 11,230
provided under sections 3113.21 to 3113.219 of the Revised Code 11,231
to collect current support and any arrearage due under the child 11,232
support order that was in default and the individual is complying 11,233
with the new or modified child support order. 11,234
The agency shall send the notice under this division not 11,236
later than seven days after it determines the individual is not 11,238
in default or that any of the circumstances specified in division 11,239
(B)(3)(a) of this section has occurred. 11,242
(b) An agency that sent a notice under division (B)(1)(b) 11,245
of this section shall send to the registrar a notice that the 11,247
individual is no longer out of compliance if the court or agency 11,248
that issued the warrant or subpoena removes the warrant or 11,249
determines that the individual has complied with the subpoena. 11,250
The agency shall send the notice under this division not 11,252
later than seven days after the agency determines that either of 11,254
the circumstances specified in division (B)(3)(b) has occurred. 11,256
(4)(a) On receipt of a notice pursuant to division (B)(1) 11,258
of this section, the registrar shall determine whether the 11,259
individual named in the notice holds or has applied for a 11,260
commercial driver's license or commercial driver's temporary 11,261
instruction permit. If the registrar determines that the 11,262
individual holds or has applied for a license or permit and the 11,263
individual is the individual named in the notice and does not 11,264
receive a notice pursuant to division (B)(3) of this section, the 11,265
registrar immediately shall provide notice of the determination 11,266
to each deputy registrar. The registrar or a deputy registrar 11,267
may not issue to the individual and may not renew for the
individual a commercial driver's license or commercial driver's 11,268
250
temporary instruction permit and the registrar shall impose a 11,269
disqualification on the individual with respect to the license or 11,270
permit held by the individual.
(b) The registrar shall maintain a list of names of 11,272
individuals identified in notices sent to the registrar pursuant 11,274
to division (B)(1) of this section that do not hold a commercial 11,275
driver's license or commercial driver's temporary instruction 11,276
permit. The registrar shall update the list quarterly and 11,277
provide each deputy registrar with a copy. On receipt of an
application for such a license or permit from an individual who 11,278
appears on the list, a deputy registrar shall notify the 11,279
registrar. On receipt of an application for such a license or 11,280
permit from such an individual or on receipt of a notice from a 11,281
deputy registrar pursuant to division (B)(4)(b) of this section, 11,282
the registrar shall proceed in accordance with division (B)(4)(a) 11,283
of this section.
(c) Not later than seven days after receipt of a notice 11,285
pursuant to division (B)(3) of this section, the registrar shall 11,286
notify each deputy registrar of the notice. The registrar and 11,288
each deputy registrar shall then, if the individual otherwise is 11,289
eligible for the license or permit and wants the license or
permit, issue a license or permit to, or renew a license or 11,290
permit of, the individual, or, if a disqualification was imposed 11,291
on the individual with respect to the individual's license or 11,292
permit pursuant to division (B)(4)(a) of this section, remove the 11,293
disqualification. The registrar or a deputy registrar may charge 11,294
a fee of not more than twenty-five dollars for issuing or 11,295
renewing a license or permit for an individual or removing the 11,296
disqualification imposed on the individual's license or permit 11,297
pursuant to this division. The fees collected by the registrar 11,298
pursuant to this section shall be paid into the state bureau of
motor vehicles fund established in section 4501.25 of the Revised 11,299
Code.
(d) Notwithstanding section 119.06 of the Revised Code, 11,302
251
the registrar shall not hold any hearing in connection with an 11,303
order refusing to issue or renew a license or permit for, or 11,304
imposing a disqualification with respect to a license or permit 11,305
of, an individual pursuant to this section.
(C)(1)(a) If a court or child support enforcement agency 11,308
makes a final and enforceable determination pursuant to division
(B) of section 3113.21 of the Revised Code on or after the date 11,309
specified under division (A) of this section that an individual 11,311
is in default under a child support order, the agency 11,312
administering the child support order may determine whether the 11,313
individual holds a driver's or commercial driver's license, 11,314
motorcycle operator's license or endorsement, temporary 11,315
instruction permit, or commercial driver's temporary instruction
permit issued by the registrar of motor vehicles or a deputy 11,316
registrar or, if possible, whether the individual has applied, or 11,318
is likely to apply, for such a license, endorsement, or permit. 11,319
If the agency determines that the individual holds, has applied 11,320
for, or is likely to apply for, such a license, endorsement, or 11,321
permit, it shall send to the individual the notice specified in 11,322
division (C)(2) of this section. The agency also may send a 11,323
notice to the registrar of motor vehicles that gives the name and 11,324
social security number or other identifying number of the
individual and states that a court or agency has determined the 11,325
individual to be in default under a child support order. 11,326
(b) If an individual required to pay support under a child 11,329
support order on or after the date specified in division (A) of 11,330
this section fails, after receiving appropriate notice, to comply 11,331
with a subpoena or warrant issued by the court or a child support 11,332
enforcement agency with respect to a proceeding to enforce a 11,333
child support order, the agency administering the child support
order may determine whether the individual holds a driver's or 11,335
commercial driver's license, motorcycle operator's license or 11,336
endorsement, temporary instruction permit, or commercial driver's 11,337
temporary instruction permit issued by the registrar of motor 11,338
252
vehicles or a deputy registrar or, if possible, whether the 11,339
individual has applied, or is likely to apply, for such a 11,340
license, endorsement, or permit. If the agency determines that 11,341
the individual holds, has applied for, or is likely to apply for, 11,342
such a license, endorsement, or permit, it shall send the 11,343
individual the notice specified in division (C)(2) of this 11,345
section. The agency may also send a notice to the registrar of 11,346
motor vehicles that gives the name and social security number or 11,347
other identifying number of the individual and states that the 11,348
individual has failed to comply with a warrant or subpoena issued 11,349
by a court or child support enforcement agency with respect to a 11,350
proceeding to enforce a child support order. 11,351
(2) Notice shall be sent to the individual described in 11,353
division (C)(1) of this section in compliance with division 11,354
(G)(1) of section 3113.21 of the Revised Code. The notice shall 11,355
specify that a court or agency has determined the individual to 11,356
be in default under a child support order or that the individual 11,357
is an obligor under a child support order who has failed to
comply with a subpoena or warrant issued by a court or agency 11,359
with respect to a proceeding to enforce a child support order, 11,360
that a notice containing the individual's name and social 11,361
security number or other identification number may be sent under 11,362
division (C)(1) of this section to the registrar, and that, if 11,364
the registrar receives that notice and determines that the
individual is the individual named in that notice and the 11,365
registrar has not received notice under division (C)(3) of this 11,366
section, all of the following will occur: 11,367
(a) The registrar and all deputy registrars will be 11,369
prohibited from issuing to the individual a driver's or 11,370
commercial driver's license, motorcycle operator's license or 11,371
endorsement, or temporary instruction permit or commercial 11,372
driver's temporary instruction permit;
(b) The registrar and all deputy registrars will be 11,374
prohibited from renewing for the individual a driver's or 11,375
253
commercial driver's license, motorcycle operator's license or 11,376
endorsement, or commercial driver's temporary instruction permit; 11,377
(c) If the individual holds a driver's or commercial 11,379
driver's license, motorcycle operator's license or endorsement, 11,380
or temporary instruction permit or commercial driver's temporary 11,381
instruction permit, it will be suspended if the registrar 11,382
determines that the individual is the individual named in the 11,383
notice sent pursuant to division (C)(1) of this section; 11,384
(d) If the individual is the individual named in the 11,386
notice the individual will not be issued or have renewed any 11,387
license, endorsement, or permit, and no suspension will be lifted 11,388
with respect to any license, endorsement, or permit listed in 11,389
division (C)(2) of this section until the registrar receives a 11,391
notice under division (C)(3) of this section.
(3)(a) An agency that sent a notice under division 11,393
(C)(1)(a) of this section shall send to the registrar a notice 11,395
that the individual is not in default under a child support order 11,396
if it determines that the individual is not in default or any of 11,397
the following occurs:
(i) The individual makes full payment to the division of 11,400
child support or, pursuant to division (H)(4) of section 2301.35 11,401
of the Revised Code, the child support enforcement agency of the 11,402
arrearage that was the basis for the court or agency
determination that the individual was in default; 11,403
(ii) An appropriate withholding or deduction notice or 11,405
other appropriate order has been issued pursuant to section 11,406
3113.21 of the revised code REVISED CODE to collect current 11,407
support and any arrearage due under the child support order that 11,408
was in default and the individual is complying with the notice or 11,409
order;
(iii) A new child support order has been issued or the 11,411
child support order that was in default has been modified as 11,412
provided under sections 3113.21 to 3113.219 of the Revised Code 11,413
to collect current support and any arrearage due under the child 11,414
254
support order that was in default and the individual is complying 11,415
with the new or modified child support order. 11,416
The agency shall send the notice under this division not 11,418
later than seven days after it determines the individual is not 11,420
in default or that any of the circumstances specified in division 11,421
(C)(3)(a) of this section has occurred.
(b) An agency that sent a notice under division (C)(1)(b) 11,424
of this section shall send to the registrar a notice that the 11,426
individual is no longer out of compliance if the court or agency 11,427
that issued the warrant or subpoena removes the warrant or 11,428
determines that the individual has complied with the subpoena. 11,429
The agency shall send the notice under this division not 11,431
later than seven days after the agency determines that either of 11,433
the circumstances specified in division (C)(3)(b) has occurred. 11,435
(4)(a) On receipt of a notice pursuant to division (C)(1) 11,438
of this section, the registrar shall determine whether the 11,439
individual named in the notice holds or has applied for a 11,440
driver's license or commercial driver's license, motorcycle 11,441
operator's license or endorsement, or temporary instruction 11,442
permit or commercial driver's temporary instruction permit. If 11,443
the registrar determines that the individual holds or has applied
for a license, permit, or endorsement and the individual is the 11,445
individual named in the notice and does not receive a notice 11,446
pursuant to division (C)(3) of this section, the registrar 11,447
immediately shall provide notice of the determination to each 11,449
deputy registrar. The registrar or a deputy registrar may not 11,450
issue to the individual a driver's or commercial driver's
license, motorcycle operator's license or endorsement, or 11,451
temporary instruction permit or commercial driver's temporary 11,452
instruction permit and may not renew for the individual a 11,454
driver's or commercial driver's license, motorcycle operator's
license or endorsement, or commercial driver's temporary 11,455
instruction permit. The registrar or a deputy registrar also 11,456
shall suspend a license, permit, or endorsement held by the 11,457
255
individual.
(b) The registrar shall maintain a list of names of 11,459
individuals identified in notices sent to the registrar pursuant 11,461
to division (C)(1) of this section that do not hold a driver's or 11,462
commercial driver's license, motorcycle operator's license or 11,463
endorsement, or temporary instruction permit or commercial 11,464
driver's temporary instruction permit. The registrar shall 11,465
update the list quarterly and provide each deputy registrar with 11,466
a copy. On receipt of an application for such a license, permit, 11,467
or endorsement from an individual who appears on the list, a 11,468
deputy registrar shall notify the registrar. On receipt of an 11,469
application for such a license, permit, or endorsement from such 11,470
an individual or on receipt of a notice from a deputy registrar 11,472
pursuant to division (C)(4)(b) of this section, the registrar 11,474
shall proceed in accordance with division (C)(4)(a) of this 11,476
section.
(c) Not later than seven days after receipt of a notice 11,478
pursuant to division (C)(3) of this section, the registrar shall 11,479
notify each deputy registrar of the notice. The registrar and 11,480
each deputy registrar shall then, if the individual otherwise is 11,481
eligible for the license, permit, or endorsement and wants the 11,482
license, permit, or endorsement, issue a license, permit, or 11,483
endorsement to, or renew a license, permit, or endorsement of, 11,484
the individual, or, if the individual's license, permit, or 11,486
endorsement was suspended pursuant to division (C)(4)(a) of this 11,487
section, remove the suspension. The registrar or a deputy 11,488
registrar may charge a fee of not more than twenty-five dollars 11,489
for issuing or renewing or removing the suspension of a license 11,490
pursuant to this division. The fees collected by the registrar 11,491
pursuant to this section shall be paid into the state bureau of 11,492
motor vehicles fund established in section 4501.25 of the Revised 11,493
Code.
(d) Notwithstanding section 119.06 of the Revised Code, 11,495
the registrar shall not hold any hearing in connection with an 11,496
256
order refusing to issue or renew a license, permit, or 11,497
endorsement for, or suspending a license, permit, or endorsement 11,498
of, an individual pursuant to this section.
(D) The department DIRECTOR of human JOB AND FAMILY 11,501
services services may adopt rules in accordance with Chapter 119. 11,503
of the Revised Code to implement this section.
Sec. 2301.375. (A) As used in this section, "recreational 11,513
license" means any license, permit, or stamp issued pursuant to
section 1533.10, 1533.11, 1533.111, 1533.112, or 1533.32 of the 11,514
Revised Code. 11,515
(B) If a court or child support enforcement agency makes a 11,518
final and enforceable determination pursuant to division (B) of 11,520
section 3113.21 of the Revised Code that an individual is in 11,523
default under a child support order, the agency administering the 11,524
child support order may determine whether the individual holds a 11,526
recreational license or, if possible, whether the individual has 11,527
applied for, or is likely to apply for, such a license. If the 11,528
agency determines that the individual holds, has applied for, or 11,529
is likely to apply for, such a license, it shall follow 11,530
procedures that are substantively the same as those set forth in 11,531
divisions (B) to (D) of section 2301.373 of the Revised Code and 11,533
the division of wildlife shall follow procedures that are 11,534
substantively the same as those set forth in division (E) of 11,535
section 2301.373 of the Revised Code with respect to the license 11,537
if both of the following apply:
(1) The division of wildlife has implemented a computer 11,539
system that maintains license numbers for licenses issued by the 11,541
division, the names of persons to whom licenses are issued, and 11,542
the social security numbers of persons to whom licenses are 11,543
issued;
(2) The division has established safeguards that eliminate 11,546
the risk that social security numbers provided to the division 11,547
for the purpose of child support enforcement may be used for 11,548
purposes other than those permitted by federal law. 11,549
257
(C) The department DIRECTOR of human JOB AND FAMILY 11,552
services may adopt rules in accordance with Chapter 119. of the 11,554
Revised Code to implement this section.
Sec. 2301.43. (A) If a court or a child support 11,564
enforcement agency makes a final and enforceable determination 11,565
pursuant to division (B) of section 3113.21 of the Revised Code 11,568
that an obligor is in default under a support order, the agency 11,569
administering the support order may assert a lien on real and 11,571
personal property of the obligor located in the state. 11,572
(B)(1) The amount of the arrearage due under the support 11,575
order determined to be in default pursuant to division (B) of 11,577
section 3113.21 of the Revised Code and any amounts due for 11,579
current support that become an arrearage after the date the 11,580
default determination was made, shall be a lien against all 11,581
personal property, including after-acquired property, of the 11,582
obligor that is situated in this state. The lien may be filed 11,583
with the county recorder in each county of the state in which the 11,585
personal property is located. The amount of the arrearage due
under the support order determined to be in default pursuant to 11,587
division (B) of section 3113.21 of the Revised Code and any 11,588
amounts due for current support that become an arrearage after 11,589
the date the default determination was made, shall be a lien 11,590
against real property, including after-acquired property, of the 11,591
obligor after the lien is filed with a county recorder of this 11,592
state in which the real property is located. A lien may be filed 11,593
with the county recorder in each county of the state in which 11,594
real property of the obligor is located. In recording the lien, 11,596
if registered land is involved, the county recorder shall take 11,597
all necessary action required by Chapter 5309. of the Revised 11,598
Code. The county recorder may be compensated for liens filed 11,599
under this section pursuant to the development of unit costs that 11,600
are reimbursed under the provider contract entered into pursuant 11,601
to Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 11,603
42 651, as amended.
258
(2) On receiving a copy of a lien filed in another state 11,605
that is similar to a lien described in division (B)(1) of this 11,607
section, a copy of the order for child support that is the basis 11,608
of the lien, and a copy of the court or administrative 11,609
determination finding the obligor to be in default under the 11,610
child support order, the division of child support in the 11,611
department of human JOB AND FAMILY services shall examine the 11,613
lien and the other documents and determine whether the lien is in 11,614
compliance with federal child support law and regulations. If 11,615
the division determines that the lien is in compliance, the 11,616
division shall determine the counties of this state in which is 11,617
located real or personal property of the obligor that may be 11,618
subjected to the lien. On making the determination, the division 11,619
shall send a copy of the lien to the child support enforcement 11,620
agency of the county in which the obligor's real or personal 11,621
property is located. The agency shall file the lien with the 11,622
county recorder of the county in which the agency is located. In 11,623
recording the lien, if registered land is involved, the county 11,624
recorder shall take all necessary action required by Chapter 11,626
5309. of the Revised Code. Once filed, the lien shall be against 11,629
all real and personal property, including after-acquired 11,630
property, of the obligor that is situated in that county. Every 11,631
court, the division, and each child support enforcement agency 11,632
shall give full faith and credit to a lien established by an 11,633
authorized agency of another state that is of the type described 11,634
in division (B)(1) of this section. 11,635
(C) The lien filed with the county recorder shall be 11,638
effective until the county recorder discharges the lien. The 11,639
county recorder shall discharge the lien within five days after 11,640
the agency files a notice pursuant to division (D) of this 11,641
section requesting that the lien be discharged. 11,642
(D) The agency shall file a notice requesting that the 11,645
county recorder discharge the lien if one of the following 11,646
applies:
259
(1) The lien is satisfied through an action pursuant to 11,649
section 2301.45 of the Revised Code;
(2) The obligor makes full payment of the arrearage to the 11,651
division of child support in the department of human JOB AND 11,652
FAMILY services or, pursuant to division (H)(4) of section 11,655
2301.35 of the Revised Code, the child support enforcement agency 11,656
that is the basis of the lien; 11,657
(3) An appropriate withholding or deduction notice or 11,659
other appropriate order has been issued pursuant to section 11,660
3113.21 of the Revised Code to collect current support and any 11,663
arrearage due under the support order that was in default and the 11,664
obligor is complying with the notice or order; 11,665
(4) A new support order has been issued or the support 11,668
order that was in default has been modified as provided under 11,669
sections 3113.21 to 3113.219 of the Revised Code to collect 11,670
current support and any arrearage due under the support order 11,671
that was in default and the obligor is complying with the new or 11,672
modified support order; 11,673
(5) The agency releases the lien pursuant to section 11,675
2301.46 of the Revised Code. 11,676
(E) A lien imposed pursuant to this section shall have 11,679
priority over liens, mortgages, security interests, or other 11,680
types of encumbrances that are associated with the real and 11,681
personal property subject to the lien imposed by this section and 11,682
that arise after the date the lien is filed pursuant to this 11,683
section. A lien imposed pursuant to this section shall not have 11,684
priority over liens, mortgages, security interests, or other 11,685
types of encumbrances associated with the real and personal 11,686
property subject to the lien imposed by this section that arose
on or before the date the lien was filed pursuant to this 11,687
section.
Sec. 2305.26. (A) An action by the state or an agency or 11,696
political subdivision of the state to enforce a lien upon real or 11,697
personal property created under and by virtue of sections 11,698
260
1901.21, 2505.13, 2937.25, 4123.76, 4123.78, 4141.23, 4509.60, 11,699
5719.04, 5733.18, 5735.03, and 5749.02 of the Revised Code shall 11,700
be brought within six years from the date when the lien or notice 11,701
of continuation of the lien has been filed in the office of the 11,702
county recorder. 11,703
(B) A notice of continuation of lien may be filed in the 11,705
office of the county recorder within six months prior to the 11,706
expiration of the six-year period following the original filing 11,707
of the lien or the filing of the notice of continuation of the 11,708
lien as specified in division (A) of this section. The notice 11,709
must identify the original notice of lien and state that the 11,710
original lien is still effective. Upon timely filing of a notice 11,711
of continuation of lien, the effectiveness of the original lien 11,712
is continued for six years after the last date on which the lien 11,713
was effective, whereupon it lapses, unless another notice of 11,714
continuation of lien is filed prior to the lapse. Succeeding 11,715
notices of continuation of lien may be filed in the same manner 11,716
to continue the effectiveness of the original lien. 11,717
(C) The recorder shall mark each notice of continuation of 11,719
lien with a consecutive file number and with the date of filing 11,720
and shall hold the notice open for public inspection. In 11,721
addition, the recorder shall index the notices according to the 11,722
names of the person against whom they are effective, and shall 11,723
note in the index the file numbers of the notices. Except in 11,724
cases of liens arising under section 5719.04 of the Revised Code, 11,725
the recorder shall mark the record of the original lien 11,726
"continued" and note thereon the date on which the notice of 11,727
continuation of lien was filed. The recorder may remove a lapsed 11,728
lien or lapsed notice of continuation of lien from the file and 11,729
destroy it. For any services performed under this section, the 11,730
county recorder shall charge and collect the fees set forth in 11,731
section 317.32 of the Revised Code. 11,732
(D) A notice of continuation of lien must be signed and 11,734
filed by the clerk of the court or the magistrate in cases of 11,735
261
liens arising under sections 1901.21, 2505.13, and 2937.25 of the 11,736
Revised Code, by the industrial commission in cases of liens 11,737
arising under sections 4123.76 and 4123.78 of the Revised Code, 11,738
by the administrator DIRECTOR of the bureau of employment JOB AND 11,740
FAMILY services in cases of liens arising under section 4141.23 11,741
of the Revised Code, by the registrar of motor vehicles in cases 11,742
of liens arising under section 4509.60 of the Revised Code, by 11,743
the county auditor in cases of liens arising under section 11,744
5719.04 of the Revised Code, and by the tax commissioner in cases 11,745
of liens arising under sections 5733.18, 5735.03, and 5749.02 of 11,746
the Revised Code.
Sec. 2317.56. (A) As used in this section: 11,755
(1) "Medical emergency" means a condition of a pregnant 11,757
woman that, in the reasonable judgment of the physician who is 11,758
attending the woman, creates an immediate threat of serious risk 11,759
to the life or physical health of the woman from the continuation 11,760
of the pregnancy necessitating the immediate performance or 11,761
inducement of an abortion. 11,762
(2) "Medical necessity" means a medical condition of a 11,764
pregnant woman that, in the reasonable judgment of the physician 11,765
who is attending the woman, so complicates the pregnancy that it 11,766
necessitates the immediate performance or inducement of an 11,767
abortion. 11,768
(3) "Probable gestational age of the embryo or fetus" 11,770
means the gestational age that, in the judgment of a physician, 11,771
is, with reasonable probability, the gestational age of the 11,772
embryo or fetus at the time that the physician informs a pregnant 11,773
woman pursuant to division (B)(1)(b) of this section. 11,774
(B) Except when there is a medical emergency or medical 11,776
necessity, an abortion shall be performed or induced only if all 11,777
of the following conditions are satisfied: 11,778
(1) At least twenty-four hours prior to the performance or 11,780
inducement of the abortion, a physician meets with the pregnant 11,781
woman in person in an individual, private setting and gives her 11,782
262
an adequate opportunity to ask questions about the abortion that 11,783
will be performed or induced. At this meeting, the physician 11,784
shall inform the pregnant woman, verbally or, if she is hearing 11,786
impaired, by other means of communication, of all of the 11,788
following:
(a) The nature and purpose of the particular abortion 11,790
procedure to be used and the medical risks associated with that 11,791
procedure; 11,792
(b) The probable gestational age of the embryo or fetus; 11,794
(c) The medical risks associated with the pregnant woman 11,796
carrying the pregnancy to term. 11,797
The meeting need not occur at the facility where the 11,799
abortion is to be performed or induced, and the physician 11,800
involved in the meeting need not be affiliated with that facility 11,801
or with the physician who is scheduled to perform or induce the 11,802
abortion.
(2) At least twenty-four hours prior to the performance or 11,804
inducement of the abortion, one or more physicians or one or more 11,805
agents of one or more physicians do each of the following in 11,806
person, by telephone, by certified mail, return receipt 11,807
requested, or by regular mail evidenced by a certificate of 11,808
mailing: 11,809
(a) Inform the pregnant woman of the name of the physician 11,811
who is scheduled to perform or induce the abortion; 11,812
(b) Give the pregnant woman copies of the published 11,814
materials described in division (C) of this section; 11,815
(c) Inform the pregnant woman that the materials given 11,817
pursuant to division (B)(2)(b) of this section are provided by 11,820
the state and that they describe the embryo or fetus and list
agencies that offer alternatives to abortion. The pregnant woman 11,821
may choose to examine or not to examine the materials. A 11,822
physician or an agent of a physician may choose to be 11,824
disassociated from the materials and may choose to comment or not 11,825
comment on the materials. 11,826
263
(3) Prior to the performance or inducement of the 11,828
abortion, the pregnant woman signs a form consenting to the 11,829
abortion and certifies both of the following on that form: 11,830
(a) She has received the information and materials 11,832
described in divisions (B)(1) and (2) of this section, and her 11,835
questions about the abortion that will be performed or induced 11,836
have been answered in a satisfactory manner.
(b) She consents to the particular abortion voluntarily, 11,838
knowingly, intelligently, and without coercion by any person, and 11,839
she is not under the influence of any drug of abuse or alcohol. 11,840
(4) Prior to the performance or inducement of the 11,842
abortion, the physician who is scheduled to perform or induce the 11,843
abortion or the physician's agent receives a copy of the pregnant 11,845
woman's signed form on which she consents to the abortion and 11,846
that includes the certification required by division (B)(3) of 11,847
this section. 11,849
(C) The department of health shall cause to be published 11,851
in English and in Spanish, in a typeface large enough to be 11,852
clearly legible, and in an easily comprehensible format, the 11,853
following materials: 11,854
(1) Materials that inform the pregnant woman about family 11,856
planning information, of publicly funded agencies that are 11,857
available to assist in family planning, and of public and private 11,859
agencies and services that are available to assist her through 11,860
the pregnancy, upon childbirth, and while the child is dependent, 11,862
including, but not limited to, adoption agencies. The materials 11,863
shall be geographically indexed; include a comprehensive list of 11,864
the available agencies, a description of the services offered by 11,865
the agencies, and the telephone numbers and addresses of the 11,866
agencies; and inform the pregnant woman about available medical 11,867
assistance benefits for prenatal care, childbirth, and neonatal 11,868
care and about the support obligations of the father of a child 11,869
who is born alive. The department shall ensure that the 11,870
materials described in division (C)(1) of this section are 11,871
264
comprehensive and do not directly or indirectly promote, exclude, 11,872
or discourage the use of any agency or service described in this 11,873
division.
(2) Materials that inform the pregnant woman of the 11,875
probable anatomical and physiological characteristics of the 11,876
zygote, blastocyte, embryo, or fetus at two-week gestational 11,877
increments for the first sixteen weeks of pregnancy and at 11,878
four-week gestational increments from the seventeenth week of 11,879
pregnancy to full term, including any relevant information 11,880
regarding the time at which the fetus possibly would be viable. 11,881
The department shall cause these materials to be published only 11,882
after it consults with the Ohio state medical association and the 11,883
Ohio section of the American college of obstetricians and 11,884
gynecologists relative to the probable anatomical and 11,885
physiological characteristics of a zygote, blastocyte, embryo, or 11,886
fetus at the various gestational increments. The materials shall 11,887
use language that is understandable by the average person who is 11,888
not medically trained, shall be objective and nonjudgmental, and 11,889
shall include only accurate scientific information about the 11,890
zygote, blastocyte, embryo, or fetus at the various gestational 11,891
increments. If the materials use a pictorial, photographic, or 11,892
other depiction to provide information regarding the zygote, 11,893
blastocyte, embryo, or fetus, the materials shall include, in a 11,894
conspicuous manner, a scale or other explanation that is 11,895
understandable by the average person and that can be used to 11,896
determine the actual size of the zygote, blastocyte, embryo, or 11,897
fetus at a particular gestational increment as contrasted with 11,898
the depicted size of the zygote, blastocyte, embryo, or fetus at 11,899
that gestational increment. 11,900
(D) Upon the submission of a request to the department of 11,902
health by any person, hospital, physician, or medical facility 11,903
for one or more copies of the materials published in accordance 11,904
with division (C) of this section, the department shall make the 11,906
requested number of copies of the materials available to the 11,907
265
person, hospital, physician, or medical facility that requested 11,908
the copies.
(E) If a medical emergency or medical necessity compels 11,910
the performance or inducement of an abortion, the physician who 11,911
will perform or induce the abortion, prior to its performance or 11,912
inducement if possible, shall inform the pregnant woman of the 11,913
medical indications supporting the physician's judgment that an 11,915
immediate abortion is necessary. Any physician who performs or 11,916
induces an abortion without the prior satisfaction of the 11,917
conditions specified in division (B) of this section because of a 11,918
medical emergency or medical necessity shall enter the reasons 11,919
for the conclusion that a medical emergency or medical necessity 11,921
exists in the medical record of the pregnant woman. 11,922
(F) If the conditions specified in division (B) of this 11,924
section are satisfied, consent to an abortion shall be presumed 11,925
to be valid and effective. 11,926
(G) The performance or inducement of an abortion without 11,928
the prior satisfaction of the conditions specified in division 11,929
(B) of this section does not constitute, and shall not be 11,930
construed as constituting, a violation of division (A) of section 11,931
2919.12 of the Revised Code. The failure of a physician to 11,932
satisfy the conditions of division (B) of this section prior to 11,933
performing or inducing an abortion upon a pregnant woman may be 11,934
the basis of both of the following: 11,935
(1) A civil action for compensatory and exemplary damages 11,937
as described in division (H) of this section; 11,938
(2) Disciplinary action under section 4731.22 of the 11,940
Revised Code. 11,941
(H)(1) Subject to divisions (H)(2) and (3) of this 11,943
section, any physician who performs or induces an abortion with 11,944
actual knowledge that the conditions specified in division (B) of 11,945
this section have not been satisfied or with a heedless 11,946
indifference as to whether those conditions have been satisfied 11,947
is liable in compensatory and exemplary damages in a civil action 11,948
266
to any person, or the representative of the estate of any person, 11,949
who sustains injury, death, or loss to person or property as a 11,950
result of the failure to satisfy those conditions. In the civil 11,951
action, the court additionally may enter any injunctive or other 11,952
equitable relief that it considers appropriate. 11,953
(2) The following shall be affirmative defenses in a civil 11,955
action authorized by division (H)(1) of this section: 11,956
(a) The physician performed or induced the abortion under 11,958
the circumstances described in division (E) of this section. 11,959
(b) The physician made a good faith effort to satisfy the 11,961
conditions specified in division (B) of this section. 11,962
(c) The physician or an agent of the physician requested 11,964
copies of the materials published in accordance with division (C) 11,965
of this section from the department of health, but the physician 11,967
was not able to give a pregnant woman copies of the materials 11,968
pursuant to division (B)(2) of this section and to obtain a 11,970
certification as described in divisions (B)(3) and (4) of this 11,972
section because the department failed to make the requested 11,973
number of copies available to the physician or agent in 11,974
accordance with division (D) of this section.
(3) An employer or other principal is not liable in 11,976
damages in a civil action authorized by division (H)(1) of this 11,977
section on the basis of the doctrine of respondeat superior 11,978
unless either of the following applies: 11,979
(a) The employer or other principal had actual knowledge 11,981
or, by the exercise of reasonable diligence, should have known 11,982
that an employee or agent performed or induced an abortion with 11,984
actual knowledge that the conditions specified in division (B) of 11,985
this section had not been satisfied or with a heedless 11,986
indifference as to whether those conditions had been satisfied. 11,987
(b) The employer or other principal negligently failed to 11,989
secure the compliance of an employee or agent with division (B) 11,991
of this section. 11,992
(4) Notwithstanding division (E) of section 2919.12 of the 11,994
267
Revised Code, the civil action authorized by division (H)(1) of 11,995
this section shall be the exclusive civil remedy for persons, or 11,996
the representatives of estates of persons, who allegedly sustain 11,997
injury, death, or loss to person or property as a result of a 11,998
failure to satisfy the conditions specified in division (B) of 11,999
this section. 12,000
(I) The department of human JOB AND FAMILY services shall 12,002
prepare and conduct a public information program to inform women 12,003
of all available governmental programs and agencies that provide 12,004
services or assistance for family planning, prenatal care, child 12,005
care, or alternatives to abortion. 12,006
Sec. 2705.031. (A) As used in this section, "Title IV-D 12,015
case" has the same meaning as in section 3113.21 of the Revised 12,016
Code. 12,017
(B)(1) Any party who has a legal claim to any support 12,019
ordered for a child, spouse, or former spouse may initiate a 12,020
contempt action for failure to pay the support. In Title IV-D 12,021
cases, the contempt action for failure to pay support also may be 12,022
initiated by an attorney retained by the party who has the legal 12,023
claim, the prosecuting attorney, or an attorney of the department 12,024
of human JOB AND FAMILY services or the child support enforcement 12,026
agency.
(2) Any person who is granted visitation rights under a 12,028
visitation order or decree issued pursuant to section 3109.051, 12,029
3109.11, or 3109.12 of the Revised Code or pursuant to any other 12,030
provision of the Revised Code, or any other person who is subject 12,031
to any visitation order or decree, may initiate a contempt action 12,032
for a failure to comply with, or an interference with, the order 12,033
or decree. 12,034
(C) In any contempt action initiated pursuant to division 12,036
(B) of this section, the accused shall appear upon the summons 12,037
and order to appear that is issued by the court. The summons 12,038
shall include all of the following: 12,039
(1) Notice that failure to appear may result in the 12,041
268
issuance of an order of arrest, and in cases involving alleged 12,042
failure to pay support, the issuance of an order for the payment 12,043
of support by withholding an amount from the personal earnings of 12,044
the accused or by withholding or deducting an amount from some 12,045
other asset of the accused; 12,046
(2) Notice that the accused has a right to counsel, and 12,048
that if the accused believes that he is indigent, the accused 12,049
must apply for a public defender or court appointed counsel 12,050
within three business days after receipt of the summons; 12,051
(3) Notice that the court may refuse to grant a 12,053
continuance at the time of the hearing for the purpose of the 12,054
accused obtaining counsel, if the accused fails to make a good 12,055
faith effort to retain counsel or to obtain a public defender; 12,056
(4) Notice of the potential penalties that could be 12,058
imposed upon the accused, if the accused is found guilty of 12,059
contempt for failure to pay support or for a failure to comply 12,060
with, or an interference with, a visitation order or decree. 12,061
(D) If the accused is served as required by the Rules of 12,063
Civil Procedure or by any special statutory proceedings that are 12,064
relevant to the case, the court may order the attachment of the 12,065
person of the accused upon failure to appear as ordered by the 12,066
court. 12,067
(E) The imposition of any penalty for contempt under 12,069
section 2705.05 of the Revised Code shall not eliminate any 12,070
obligation of the accused to pay any past, present, or future 12,071
support obligation or any obligation of the accused to comply 12,072
with or refrain from interfering with the visitation order or 12,073
decree. The court shall have jurisdiction to make a finding of 12,074
contempt for the failure to pay support and to impose the 12,075
penalties set forth in section 2705.05 of the Revised Code in all 12,076
cases in which past due support is at issue even if the duty to 12,077
pay support has terminated, and shall have jurisdiction to make a 12,078
finding of contempt for a failure to comply with, or an 12,079
interference with, a visitation order or decree and to impose the 12,080
269
penalties set forth in section 2705.05 of the Revised Code in all 12,081
cases in which the failure or interference is at issue even if 12,082
the visitation order or decree no longer is in effect. 12,083
Sec. 2715.041. (A) Upon the filing of a motion for an 12,092
order of attachment pursuant to section 2715.03 of the Revised 12,093
Code, the plaintiff shall file with the clerk of the court a 12,094
praecipe instructing the clerk to issue to the defendant against 12,095
whom the motion was filed a notice of the proceeding. Upon 12,096
receipt of the praecipe, the clerk shall issue the notice which 12,097
shall be in substantially the following form: 12,098
"(Name and Address of Court) 12,100
Case No................... 12,101
(Case Caption) 12,103
NOTICE 12,105
You are hereby notified that (name and address of 12,107
plaintiff), the plaintiff in this proceeding, has applied to this 12,108
court for the attachment of property in your possession. The 12,109
basis for this application is indicated in the documents that are 12,110
enclosed with this notice. 12,111
The law of Ohio and the United States provides that certain 12,113
benefit payments cannot be taken from you to pay a debt. Typical 12,114
among the benefits that cannot be attached or executed on by a 12,115
creditor are: 12,116
(1) Workers' compensation benefits; 12,118
(2) Unemployment compensation payments; 12,120
(3) Cash assistance payments under the Ohio works first 12,124
program;
(4) Disability assistance administered by the Ohio 12,126
department of human JOB AND FAMILY services; 12,127
(5) Social security benefits; 12,129
(6) Supplemental security income (S.S.I.); 12,131
(7) Veteran's benefits; 12,133
(8) Black lung benefits; 12,135
(9) Certain pensions. 12,137
270
Additionally, your wages never can be taken to pay a debt 12,139
until a judgment has been obtained against you. There may be 12,140
other benefits not included in this list that apply in your case. 12,141
If you dispute the plaintiff's claim and believe that you 12,143
are entitled to retain possession of the property because it is 12,144
exempt or for any other reason, you may request a hearing before 12,145
this court by disputing the claim in the request for hearing form 12,146
appearing below, or in a substantially similar form, and 12,147
delivering the request for the hearing to this court, at the 12,148
office of the clerk of this court, not later than the end of the 12,149
fifth business day after you receive this notice. You may state 12,150
your reasons for disputing the claim in the space provided on the 12,151
form, but you are not required to do so. If you do state your 12,152
reasons for disputing the claim in the space provided on the 12,153
form, you are not prohibited from stating any other reasons at 12,154
the hearing, and if you do not state your reasons, it will not be 12,155
held against you by the court and you can state your reasons at 12,156
the hearing. 12,157
If you request a hearing, it will be conducted in 12,159
................... courtroom ........, (address of court), at 12,160
.............m. on ............., 19..... 12,161
You may avoid having a hearing but retain possession of the 12,163
property until the entry of final judgment in the action by 12,164
filing with the court, at the office of the clerk of this court, 12,165
not later than the end of the fifth business day after you 12,166
receive this notice, a bond executed by an acceptable surety in 12,167
the amount of $............ 12,168
If you do not request a hearing or file a bond on or before 12,170
the end of the fifth business day after you receive this notice, 12,171
the court, without further notice to you, may order a law 12,172
enforcement officer or bailiff to take possession of the 12,173
property. Notice of the dates, times, places, and purposes of 12,174
any subsequent hearings and of the date, time, and place of the 12,175
trial of the action will be sent to you. 12,176
271
.............................. 12,178
Clerk of Court 12,179
Date: ......................." 12,180
(B) Along with the notice required by division (A) of this 12,182
section, the clerk of the court also shall deliver to the 12,183
defendant, in accordance with division (C) of this section, a 12,184
request for hearing form together with a postage-paid, 12,185
self-addressed envelope or a request for hearing form on a 12,186
postage-paid, self-addressed postcard. The request for hearing 12,187
shall be in substantially the following form: 12,188
"(Name and Address of Court) 12,190
Case Number ....................... Date ............... 12,192
REQUEST FOR HEARING 12,194
I dispute the claim for the attachment of property in the 12,196
above case and request that a hearing in this matter be held at 12,197
the time and place set forth in the notice that I previously 12,198
received. 12,199
I dispute the claim for the following reasons: 12,201
................................................................. 12,203
(Optional) 12,205
................................................................. 12,207
................................................................. 12,209
.............................. 12,210
(Name of Defendant) 12,211
............................. 12,213
(Signature) 12,214
.............................. 12,215
(Date) 12,216
12,217
WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR 12,219
A REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE 12,220
CLERK OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT 12,221
OF IT, YOU WAIVE YOUR RIGHT TO A HEARING AT THIS TIME AND YOU MAY 12,222
BE REQUIRED TO GIVE UP THE PROPERTY SOUGHT WITHOUT A HEARING." 12,223
272
(C) The notice required by division (A) of this section 12,225
shall be served on the defendant in duplicate not less than seven 12,226
business days prior to the date on which the hearing is 12,227
scheduled, together with a copy of the complaint and summons, if 12,228
not previously served, and a copy of the motion for the 12,229
attachment of property and the affidavit attached to the motion, 12,230
in the same manner as provided in the Rules of Civil Procedure 12,231
for the service of process. Service may be effected by 12,232
publication as provided in the Rules of Civil Procedure except 12,233
that the number of weeks for publication may be reduced by the 12,234
court to the extent appropriate. 12,235
Sec. 2715.045. (A) Upon the filing of a motion for 12,244
attachment, a court may issue an order of attachment without 12,245
issuing notice to the defendant against whom the motion was filed 12,246
and without conducting a hearing if the court finds that there is 12,247
probable cause to support the motion and that the plaintiff that 12,248
filed the motion for attachment will suffer irreparable injury if 12,249
the order is delayed until the defendant against whom the motion 12,250
has been filed has been given the opportunity for a hearing. The 12,251
court's findings shall be based upon the motion and affidavit 12,252
filed pursuant to section 2715.03 of the Revised Code and any 12,253
other relevant evidence that it may wish to consider. 12,254
(B) A finding by the court that the plaintiff will suffer 12,256
irreparable injury may be made only if the court finds the 12,257
existence of either of the following circumstances: 12,258
(1) There is present danger that the property will be 12,260
immediately disposed of, concealed, or placed beyond the 12,261
jurisdiction of the court. 12,262
(2) The value of the property will be impaired 12,264
substantially if the issuance of an order of attachment is 12,265
delayed. 12,266
(C)(1) Upon the issuance by a court of an order of 12,268
attachment without notice and hearing pursuant to this section, 12,269
the plaintiff shall file the order with the clerk of the court, 12,270
273
together with a praecipe instructing the clerk to issue to the 12,271
defendant against whom the order was issued a copy of the motion, 12,272
affidavit, and order of attachment, and a notice that an order of 12,273
attachment was issued and that the defendant has a right to a 12,274
hearing on the matter. The clerk then immediately shall serve 12,275
upon the defendant, in the manner provided by the Rules of Civil 12,276
Procedure for service of process, a copy of the complaint and 12,277
summons, if not previously served, a copy of the motion, 12,278
affidavit, and order of attachment, and the following notice: 12,279
"(Name and Address of the Court) 12,281
(Case Caption) Case No. ..................... 12,283
NOTICE 12,286
You are hereby notified that this court has issued an order 12,288
in the above case in favor of (name and address of plaintiff), 12,289
the plaintiff in this proceeding, directing that property now in 12,290
your possession, be taken from you. This order was issued on the 12,291
basis of the plaintiff's claim against you as indicated in the 12,292
documents that are enclosed with this notice. 12,293
The law of Ohio and the United States provides that certain 12,295
benefit payments cannot be taken from you to pay a debt. Typical 12,296
among the benefits that cannot be attached or executed on by a 12,297
creditor are: 12,298
(1) Workers' compensation benefits; 12,300
(2) Unemployment compensation payments; 12,302
(3) Cash assistance payments under the Ohio works first 12,305
program;
(4) Disability assistance administered by the Ohio 12,307
department of human JOB AND FAMILY services; 12,308
(5) Social security benefits; 12,310
(6) Supplemental security income (S.S.I.); 12,312
(7) Veteran's benefits; 12,314
(8) Black lung benefits; 12,316
(9) Certain pensions. 12,318
Additionally, your wages never can be taken to pay a debt 12,320
274
until a judgment has been obtained against you. There may be 12,321
other benefits not included in this list that apply in your case. 12,322
If you dispute the plaintiff's claim and believe that you 12,324
are entitled to possession of the property because it is exempt 12,325
or for any other reason, you may request a hearing before this 12,326
court by disputing the claim in the request for hearing form, 12,327
appearing below, or in a substantially similar form, and 12,328
delivering the request for hearing to this court at the above 12,329
address, at the office of the clerk of this court, no later than 12,330
the end of the fifth business day after you receive this notice. 12,331
You may state your reasons for disputing the claim in the space 12,332
provided on the form; however, you are not required to do so. If 12,333
you do state your reasons for disputing the claim, you are not 12,334
prohibited from stating any other reasons at the hearing, and if 12,335
you do not state your reasons, it will not be held against you by 12,336
the court and you can state your reasons at the hearing. If you 12,337
request a hearing, it will be held within three business days 12,338
after delivery of your request for hearing and notice of the 12,339
date, time, and place of the hearing will be sent to you. 12,340
You may avoid a hearing but recover and retain possession 12,342
of the property until the entry of final judgment in the action 12,343
by filing with the court, at the office of the clerk of this 12,344
court, not later than the end of the fifth business day after you 12,345
receive this notice, a bond executed by an acceptable surety in 12,346
the amount of $......... 12,347
If you do not request a hearing or file a bond before the 12,349
end of the fifth business day after you receive this notice, 12,350
possession of the property will be withheld from you during the 12,351
pendency of the action. Notice of the dates, times, places, and 12,352
purposes of any subsequent hearings and of the date, time, and 12,353
place of the trial of the action will be sent to you. 12,354
.............................. 12,355
Clerk of the Court 12,356
.............................. 12,357
275
Date" 12,358
(2) Along with the notice required by division (C)(1) of 12,360
this section, the clerk of the court also shall deliver to the 12,361
defendant a request for hearing form together with a 12,362
postage-paid, self-addressed envelope or a request for hearing 12,363
form on a postage-paid, self-addressed postcard. The request for 12,364
hearing shall be in substantially the following form: 12,365
"(Name and Address of Court) 12,367
Case Number ...................... Date ............. 12,369
REQUEST FOR HEARING 12,371
I dispute the claim for possession of property in the above 12,373
case and request that a hearing in this matter be held within 12,374
three business days after delivery of this request to the court. 12,375
I dispute the claim for the following reasons: 12,377
................................................................. 12,379
(Optional) 12,381
................................................................. 12,383
................................................................. 12,385
.............................. 12,387
(Name of Defendant) 12,388
.............................. 12,389
(Signature) 12,390
.............................. 12,391
(Date) 12,392
WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR 12,394
A REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE 12,395
CLERK OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT 12,396
OF IT, YOU WAIVE YOUR RIGHT TO A HEARING AND POSSESSION OF THE 12,397
PROPERTY WILL BE WITHHELD FROM YOU DURING THE PENDENCY OF THE 12,398
ACTION." 12,399
(D) The defendant may receive a hearing in accordance with 12,401
section 2715.043 of the Revised Code by delivering a written 12,402
request for hearing to the court within five business days after 12,403
receipt of the notice provided pursuant to division (C) of this 12,404
276
section. The request may set forth the defendant's reasons for 12,405
disputing the plaintiff's claim for possession of property. 12,406
However, neither the defendant's inclusion of nor failure to 12,408
include such reasons upon the request constitutes a waiver of any 12,409
defense of the defendant or affects the defendant's right to 12,410
produce evidence at any hearing or at the trial of the action. 12,411
If the request is made by the defendant, the court shall schedule 12,412
a hearing within three business days after the request is made, 12,413
send notice to the parties of the date, time, and place of the 12,414
hearing, and hold the hearing accordingly. 12,415
(E) If, after hearing, the court finds that there is not 12,417
probable cause to support the motion, it shall order that the 12,418
property be redelivered to the defendant without the condition of 12,419
bond. 12,420
Sec. 2716.13. (A) Upon the filing of a proceeding in 12,429
garnishment of property, other than personal earnings, under 12,430
section 2716.11 of the Revised Code, the court shall cause the 12,431
matter to be set for hearing within twelve days after that 12,433
filing.
(B) Upon the scheduling of a hearing relative to a 12,435
proceeding in garnishment of property, other than personal 12,436
earnings, under division (A) of this section, the clerk of the 12,437
court immediately shall issue to the garnishee three copies of 12,438
the order of garnishment of property, other than personal 12,439
earnings, and of a written notice that the garnishee answer as 12,441
provided in section 2716.21 of the Revised Code and the 12,443
garnishee's fee required by section 2716.12 of the Revised Code. 12,444
The copies of the order and of the notice shall be served upon 12,446
the garnishee in the same manner as a summons is served. The 12,448
copies of the order and of the notice shall not be served later 12,449
than seven days prior to the date on which the hearing is 12,450
scheduled. The order shall bind the property, other than 12,451
personal earnings, of the judgment debtor in the possession of 12,452
the garnishee at the time of service. 12,453
277
The order of garnishment of property, other than personal 12,455
earnings, and notice to answer shall be in substantially the 12,456
following form: 12,457
"ORDER AND NOTICE OF GARNISHMENT 12,458
OF PROPERTY OTHER THAN PERSONAL EARNINGS 12,459
AND ANSWER OF GARNISHEE 12,460
Docket No. ............. 12,462
Case No. ............... 12,463
In the ........... Court 12,464
.................., Ohio 12,465
The State of Ohio 12,466
County of ............, ss 12,467
..................., Judgment Creditor 12,468
vs. 12,469
..................., Judgment Debtor 12,470
SECTION A. COURT ORDER AND NOTICE OF GARNISHMENT 12,471
To: ...................., Garnishee 12,472
The judgment creditor in the above case has filed an 12,474
affidavit, satisfactory to the undersigned, in this Court stating 12,476
that you have money, property, or credits, other than personal 12,477
earnings, in your hands or under your control that belong to the 12,478
judgment debtor, and that some of the money, property, or credits 12,479
may not be exempt from garnishment under the laws of the State of 12,480
Ohio or the laws of the United States. 12,481
You are therefore ordered to complete the "ANSWER OF 12,483
GARNISHEE" in section (B) of this form. Return one completed and 12,485
signed copy of this form to the clerk of this court together with 12,486
the amount determined in accordance with the "ANSWER OF 12,488
GARNISHEE" by the following date on which a hearing is 12,489
tentatively scheduled relative to this order of garnishment: 12,490
............ Deliver one completed and signed copy of this form 12,491
to the judgment debtor prior to that date. Keep the other 12,492
completed and signed copy of this form for your files.
The total probable amount now due on this judgment is 12,494
278
$.......... The total probable amount now due includes the 12,496
unpaid portion of the judgment in favor of the judgment creditor, 12,497
which is $..........; interest on that judgment and, if 12,498
applicable, prejudgment interest relative to that judgment at the 12,499
rate of .....% per annum payable until that judgment is satisfied 12,500
in full; and court costs in the amount of $........... 12,501
You also are ordered to hold safely anything of value that 12,503
belongs to the judgment debtor and that has to be paid to the 12,505
court, as determined under the "ANSWER OF GARNISHEE" in section 12,506
(B) of this form, but that is of such a nature that it cannot be 12,507
so delivered, until further order of the court. 12,508
Witness my hand and the seal of this court this .......... 12,510
day of .........., .......... 12,511
............................... 12,513
Judge 12,514
SECTION B. ANSWER OF GARNISHEE 12,515
Now comes ...................., the garnishee, who says: 12,517
1. That the garnishee has money, property, or credits, 12,519
other than personal earnings, of the judgment debtor under the 12,520
garnishee's control and in the garnishee's possession. 12,521
.......... .......... ................................... 12,523
yes no if yes, amount 12,524
2. That property is described as: 12,527
3. If the answer to line 1 is "yes" and the amount is less 12,529
than the probable amount now due on the judgment, as indicated in 12,531
section (A) of this form, sign and return this form and pay the 12,533
amount of line 1 to the clerk of this court. 12,534
4. If the answer to line 1 is "yes" and the amount is 12,536
greater than that probable amount now due on the judgment, as 12,537
indicated in section (A) of this form, sign and return this form 12,539
and pay that probable amount now due to the clerk of this court. 12,540
5. If the answer to line 1 is "yes" but the money, 12,542
property, or credits are of such a nature that they cannot be 12,543
delivered to the clerk of the court, indicate that by placing an 12,544
279
"X" in this space: ...... Do not dispose of that money, 12,545
property, or credits or give them to anyone else until further 12,546
order of the court. 12,547
6. If the answer to line 1 is "no," sign and return this 12,549
form to the clerk of this court. 12,550
I certify that the statements above are true. 12,553
............................. 12,553
(Print Name of Garnishee) 12,554
............................. 12,555
(Print Name and Title of 12,556
Person Who Completed Form) 12,557
Signed .................................................... 12,559
(Signature of Person Completing Form) 12,561
Dated this .......... day of .........., ....." 12,563
Section A of the form described in this division shall be 12,565
completed before service. Section B of the form shall be 12,567
completed by the garnishee, and the garnishee shall file one 12,568
completed and signed copy of the form with the clerk of the court 12,569
as the garnishee's answer. The garnishee may keep one completed 12,570
and signed copy of the form and shall deliver the other completed 12,572
and signed copy of the form to the judgment debtor. 12,573
If several affidavits seeking orders of garnishment of 12,576
property, other than personal earnings, are filed against the 12,577
same judgment debtor in accordance with section 2716.11 of the 12,578
Revised Code, the court involved shall issue the requested orders 12,580
in the same order in which the clerk received the associated 12,582
affidavits.
(C)(1) At the time of the filing of a proceeding in 12,584
garnishment of property, other than personal earnings, under 12,585
section 2716.11 of the Revised Code, the judgment creditor also 12,586
shall file with the clerk of the court a praecipe instructing the 12,587
clerk to issue to the judgment debtor a notice to the judgment 12,588
debtor form and a request for hearing form. Upon receipt of the 12,590
praecipe and the scheduling of a hearing relative to an action in 12,591
280
garnishment of property, other than personal earnings, under 12,592
division (A) of this section, the clerk of the court immediately 12,593
shall serve upon the judgment debtor, in accordance with division 12,594
(D) of this section, two copies of the notice to the judgment 12,595
debtor form and of the request for hearing form. The copies of 12,597
the notice to the judgment debtor form and of the request for 12,598
hearing form shall not be served later than seven days prior to 12,599
the date on which the hearing is scheduled. 12,600
(a) The notice to the judgment debtor that must be served 12,602
upon the judgment debtor shall be in substantially the following 12,603
form: 12,604
"(Name and Address of the Court) 12,605
(Case Caption) .......................... Case No. ........... 12,607
NOTICE TO THE JUDGMENT DEBTOR 12,608
You are hereby notified that this court has issued an order 12,610
in the above case in favor of (name and address of judgment 12,611
creditor), the judgment creditor in this proceeding, directing 12,612
that some of your money, property, or credits, other than 12,613
personal earnings, now in the possession of (name and address of 12,614
garnishee), the garnishee in this proceeding, be used to satisfy 12,615
your debt to the judgment creditor. This order was issued on the 12,616
basis of the judgment creditor's judgment against you that was 12,617
obtained in (name of court) in (case number) on (date). Upon 12,618
your receipt of this notice, you are prohibited from removing or 12,619
attempting to remove the money, property, or credits until 12,620
expressly permitted by the court. Any violation of this 12,621
prohibition subjects you to punishment for contempt of court. 12,622
The law of Ohio and the United States provides that certain 12,624
benefit payments cannot be taken from you to pay a debt. Typical 12,625
among the benefits that cannot be attached or executed upon by a 12,626
creditor are the following: 12,627
(1) Workers' compensation benefits; 12,629
(2) Unemployment compensation payments; 12,631
(3) Cash assistance payments under the Ohio works first 12,634
281
program;
(4) Disability assistance administered by the Ohio 12,636
department of human JOB AND FAMILY services; 12,637
(5) Social security benefits; 12,639
(6) Supplemental security income (S.S.I.); 12,641
(7) Veteran's benefits; 12,643
(8) Black lung benefits; 12,645
(9) Certain pensions. 12,647
There may be other benefits not included in the above list 12,650
that apply in your case.
If you dispute the judgment creditor's right to garnish 12,652
your property and believe that the judgment creditor should not 12,653
be given your money, property, or credits, other than personal 12,654
earnings, now in the possession of the garnishee because they are 12,655
exempt or if you feel that this order is improper for any other 12,656
reason, you may request a hearing before this court by disputing 12,657
the claim in the request for hearing form, appearing below, or in 12,658
a substantially similar form, and delivering the request for 12,659
hearing to this court at the above address, at the office of the 12,660
clerk of this court no later than the end of the fifth business 12,661
day after you receive this notice. You may state your reasons 12,662
for disputing the judgment creditor's right to garnish your 12,663
property in the space provided on the form; however, you are not 12,665
required to do so. If you do state your reasons for disputing 12,666
the judgment creditor's right, you are not prohibited from 12,667
stating any other reason at the hearing. If you do not state 12,669
your reasons, it will not be held against you by the court, and 12,670
you can state your reasons at the hearing. NO OBJECTIONS TO THE 12,671
JUDGMENT ITSELF WILL BE HEARD OR CONSIDERED AT THE HEARING. If 12,672
you request a hearing, the hearing will be limited to a 12,673
consideration of the amount of your money, property, or credits, 12,674
other than personal earnings, in the possession or control of the 12,675
garnishee, if any, that can be used to satisfy all or part of the 12,677
judgment you owe to the judgment creditor.
282
If you request a hearing by delivering your request for 12,679
hearing no later than the end of the fifth business day after you 12,680
receive this notice, it will be conducted in .......... courtroom 12,681
.........., (address of court), at ..... m. on .........., 12,682
.......... You may request the court to conduct the hearing 12,683
before this date by indicating your request in the space provided 12,684
on the form; the court then will send you notice of any change in 12,685
the date, time, or place of the hearing. If you do not request a 12,686
hearing by delivering your request for a hearing no later than 12,687
the end of the fifth business day after you receive this notice, 12,688
some of your money, property, or credits, other than personal 12,689
earnings, will be paid to the judgment creditor. 12,690
If you have any questions concerning this matter, you may 12,692
contact the office of the clerk of this court. If you want legal 12,693
representation, you should contact your lawyer immediately. If 12,694
you need the name of a lawyer, contact the local bar association. 12,695
.............................. 12,696
Clerk of the Court 12,697
.............................. 12,698
Date" 12,699
(b) The request for hearing form that must be served upon 12,702
the judgment debtor shall have attached to it a postage-paid,
self-addressed envelope or shall be on a postage-paid 12,703
self-addressed postcard, and shall be in substantially the 12,704
following form: 12,705
"(Name and Address of Court) 12,706
Case Number.......... Date.......... 12,708
REQUEST FOR HEARING 12,710
I dispute the judgment creditor's right to garnish my 12,712
money, property, or credits, other than personal earnings, in the 12,713
above case and request that a hearing in this matter be held 12,714
................................................................. 12,716
(Insert "on" or "earlier than") 12,717
the date and time set forth in the document entitled "NOTICE TO 12,720
283
THE JUDGMENT DEBTOR" that I received with this request form. 12,721
I dispute the judgment creditor's right to garnish my 12,724
property for the following reasons:
................................................................. 12,725
(Optional) 12,726
................................................................. 12,727
................................................................. 12,728
12,729
I UNDERSTAND THAT NO OBJECTIONS TO THE JUDGMENT ITSELF WILL 12,731
BE HEARD OR CONSIDERED AT THE HEARING. 12,732
.............................. 12,733
(Name of Judgment Debtor) 12,734
.............................. 12,735
(Signature) 12,736
.............................. 12,737
(Date) 12,738
WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR 12,741
A REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE 12,742
CLERK OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT 12,743
OF IT, YOU WAIVE YOUR RIGHT TO A HEARING AND SOME OF YOUR MONEY, 12,744
PROPERTY, OR CREDITS, OTHER THAN PERSONAL EARNINGS, NOW IN THE 12,745
POSSESSION OF (GARNISHEE'S NAME) WILL BE PAID TO (JUDGMENT 12,746
CREDITOR'S NAME) TO SATISFY SOME OF YOUR DEBT TO (JUDGMENT 12,747
CREDITOR'S NAME)." 12,748
(2) The judgment debtor may receive a hearing in 12,750
accordance with this division by delivering a written request for 12,751
hearing to the court within five business days after receipt of 12,752
the notice provided pursuant to division (C)(1) of this section. 12,753
The request may set forth the judgment debtor's reasons for 12,754
disputing the judgment creditor's right to garnish the money, 12,755
property, or credits, other than personal earnings; however, 12,757
neither the judgment debtor's inclusion of nor failure to include 12,758
those reasons upon the request constitutes a waiver of any 12,759
defense of the judgment debtor or affects the judgment debtor's 12,760
284
right to produce evidence at the hearing. If the request is made 12,761
by the judgment debtor within the prescribed time, the hearing 12,762
shall be limited to a consideration of the amount of money, 12,763
property, or credits, other than personal earnings, of the 12,764
judgment debtor in the hands of the garnishee, if any, that can 12,766
be used to satisfy all or part of the debt owed by the judgment 12,767
debtor to the judgment creditor. If a request for a hearing is 12,768
not received by the court within the prescribed time, the hearing 12,769
scheduled pursuant to division (A) of this section shall be 12,770
canceled unless the court grants the judgment debtor a 12,771
continuance in accordance with division (C)(3) of this section. 12,772
(3) If the judgment debtor does not request a hearing in 12,774
the action within the prescribed time pursuant to division (C)(2) 12,775
of this section, the court nevertheless may grant a continuance 12,776
of the scheduled hearing if the judgment debtor, prior to the 12,777
time at which the hearing was scheduled, as indicated on the 12,778
notice to the judgment debtor required by division (C)(1) of this 12,779
section, establishes a reasonable justification for failure to 12,781
request the hearing within the prescribed time. If the court
grants a continuance of the hearing, it shall cause the matter to 12,783
be set for hearing as soon as practicable thereafter. The 12,784
continued hearing shall be conducted in accordance with division 12,785
(C)(2) of this section.
(4) The court may conduct the hearing on the matter prior 12,787
to the time at which the hearing was scheduled, as indicated on 12,788
the notice to the judgment debtor required by division (C)(1) of 12,789
this section, upon the request of the judgment debtor. The 12,790
parties shall be sent notice, by the clerk of the court, by 12,791
regular mail, of any change in the date, time, or place of the 12,792
hearing. 12,793
(5) If the scheduled hearing is canceled and no 12,795
continuance is granted, the court shall issue an order to the 12,796
garnishee to pay all or some of the money, property, or credits, 12,797
other than personal earnings, of the judgment debtor in the 12,799
285
possession of the garnishee at the time of service of the notice 12,800
and order into court if they have not already been paid to the 12,801
court. This order shall be based on the answer of the garnishee 12,802
filed pursuant to this section. If the scheduled hearing is 12,803
conducted or if it is continued and conducted, the court shall 12,804
determine at the hearing the amount of the money, property, or 12,805
credits, other than personal earnings, of the judgment debtor in 12,806
the possession of the garnishee at the time of service of the 12,808
notice and order, if any, that can be used to satisfy all or part 12,809
of the debt owed by the judgment debtor to the judgment creditor, 12,810
and issue an order, accordingly, to the garnishee to pay that 12,811
amount into court if it has not already been paid to the court. 12,812
(D) The notice to the judgment debtor form and the request 12,815
for hearing form described in division (C) of this section shall
be sent by the clerk by ordinary or regular mail service unless 12,816
the judgment creditor requests that service be made in accordance 12,817
with the Rules of Civil Procedure, in which case the forms shall 12,818
be served in accordance with the Rules of Civil Procedure. Any 12,820
court of common pleas that issues an order of garnishment of 12,821
property, other than personal earnings, under this section has 12,822
jurisdiction to serve process pursuant to this section upon a 12,823
garnishee who does not reside within the jurisdiction of the 12,824
court. Any county court or municipal court that issues an order 12,825
of garnishment of property, other than personal earnings, under 12,826
this section has jurisdiction to serve process pursuant to this 12,827
section upon a garnishee who does not reside within the 12,828
jurisdiction of the court.
Sec. 2744.05. Notwithstanding any other provisions of the 12,837
Revised Code or rules of a court to the contrary, in an action 12,838
against a political subdivision to recover damages for injury, 12,839
death, or loss to person or property caused by an act or omission 12,841
in connection with a governmental or proprietary function: 12,842
(A) Punitive or exemplary damages shall not be awarded. 12,844
(B)(1) If a claimant receives or is entitled to receive 12,846
286
benefits for injuries or loss allegedly incurred from a policy or 12,847
policies of insurance or any other source, the benefits shall be 12,848
disclosed to the court, and the amount of the benefits shall be 12,849
deducted from any award against a political subdivision recovered 12,851
by that claimant. No insurer or other person is entitled to 12,852
bring an action under a subrogation provision in an insurance or 12,853
other contract against a political subdivision with respect to 12,854
those benefits. The amount of the benefits shall be deducted 12,855
from an award against a political subdivision under division 12,856
(B)(1) of this section regardless of whether the claimant may be 12,857
under an obligation to pay back the benefits upon recovery, in
whole or in part, for the claim. A claimant whose benefits have 12,858
been deducted from an award under division (B)(1) of this section 12,859
is not considered fully compensated and shall not be required to 12,860
reimburse a subrogated claim for benefits deducted from an award 12,861
pursuant to division (B)(1) of this section. 12,862
(2) Nothing in division (B)(1) of this section shall be 12,865
construed to do either of the following:
(a) Limit the rights of a beneficiary under a life 12,868
insurance policy or the rights of sureties under fidelity or 12,869
surety bonds; 12,870
(b) Prohibit the department of human JOB AND FAMILY 12,872
services from recovering from the political subdivision, pursuant 12,874
to section 5101.58 of the Revised Code, the cost of medical 12,876
assistance benefits provided under Chapter 5107., 5111., or 5115. 12,877
of the Revised Code.
(C)(1) There shall not be any limitation on compensatory 12,879
damages that represent the actual loss of the person who is 12,880
awarded the damages. However, except in wrongful death actions 12,881
brought pursuant to Chapter 2125. of the Revised Code, damages 12,882
that arise from the same cause of action, transaction or 12,883
occurrence, or series of transactions or occurrences and that do 12,884
not represent the actual loss of the person who is awarded the 12,885
damages shall not exceed two hundred fifty thousand dollars in 12,886
287
favor of any one person. The limitation on damages that do not 12,887
represent the actual loss of the person who is awarded the 12,888
damages provided in this division does not apply to court costs 12,889
that are awarded to a plaintiff, or to interest on a judgment 12,890
rendered in favor of a plaintiff, in an action against a 12,891
political subdivision. 12,892
(2) As used in this division, "the actual loss of the 12,894
person who is awarded the damages" includes all of the following: 12,895
(a) All wages, salaries, or other compensation lost by the 12,897
person injured as a result of the injury, including wages, 12,898
salaries, or other compensation lost as of the date of a judgment 12,899
and future expected lost earnings of the person injured; 12,900
(b) All expenditures of the person injured or another 12,902
person on behalf of the person injured for medical care or 12,903
treatment, for rehabilitation services, or for other care, 12,905
treatment, services, products, or accommodations that were 12,906
necessary because of the injury; 12,907
(c) All expenditures to be incurred in the future, as 12,909
determined by the court, by the person injured or another person 12,910
on behalf of the person injured for medical care or treatment, 12,912
for rehabilitation services, or for other care, treatment, 12,913
services, products, or accommodations that will be necessary 12,914
because of the injury;
(d) All expenditures of a person whose property was 12,916
injured or destroyed or of another person on behalf of the person 12,918
whose property was injured or destroyed in order to repair or
replace the property that was injured or destroyed; 12,919
(e) All expenditures of the person injured or of the 12,921
person whose property was injured or destroyed or of another 12,922
person on behalf of the person injured or of the person whose 12,923
property was injured or destroyed in relation to the actual 12,924
preparation or presentation of the claim involved; 12,925
(f) Any other expenditures of the person injured or of the 12,927
person whose property was injured or destroyed or of another 12,928
288
person on behalf of the person injured or of the person whose 12,929
property was injured or destroyed that the court determines 12,930
represent an actual loss experienced because of the personal or 12,931
property injury or property loss. 12,932
"The actual loss of the person who is awarded the damages" 12,934
does not include any fees paid or owed to an attorney for any 12,935
services rendered in relation to a personal or property injury or 12,936
property loss, and does not include any damages awarded for pain 12,937
and suffering, for the loss of society, consortium, 12,938
companionship, care, assistance, attention, protection, advice, 12,939
guidance, counsel, instruction, training, or education of the 12,940
person injured, for mental anguish, or for any other intangible 12,941
loss. 12,942
Sec. 2913.40. (A) As used in this section: 12,951
(1) "Statement or representation" means any oral, written, 12,953
electronic, electronic impulse, or magnetic communication that is 12,954
used to identify an item of goods or a service for which 12,955
reimbursement may be made under the medical assistance program or 12,956
that states income and expense and is or may be used to determine 12,957
a rate of reimbursement under the medical assistance program. 12,958
(2) "Medical assistance program" means the program 12,960
established by the department of human JOB AND FAMILY services to 12,962
provide medical assistance under section 5111.01 of the Revised 12,963
Code and the medicaid program of Title XIX of the "Social 12,964
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended. 12,965
(3) "Provider" means any person who has signed a provider 12,967
agreement with the department of human JOB AND FAMILY services to 12,969
provide goods or services pursuant to the medical assistance 12,970
program or any person who has signed an agreement with a party to 12,971
such a provider agreement under which the person agrees to 12,972
provide goods or services that are reimbursable under the medical 12,973
assistance program. 12,974
(4) "Provider agreement" means an oral or written 12,976
agreement between the department of human JOB AND FAMILY services 12,978
289
and a person in which the person agrees to provide goods or 12,979
services under the medical assistance program. 12,980
(5) "Recipient" means any individual who receives goods or 12,982
services from a provider under the medical assistance program. 12,983
(6) "Records" means any medical, professional, financial, 12,985
or business records relating to the treatment or care of any 12,986
recipient, to goods or services provided to any recipient, or to 12,987
rates paid for goods or services provided to any recipient and 12,988
any records that are required by the rules of the department 12,989
DIRECTOR of human JOB AND FAMILY services to be kept for the 12,991
medical assistance program. 12,992
(B) No person shall knowingly make or cause to be made a 12,994
false or misleading statement or representation for use in 12,995
obtaining reimbursement from the medical assistance program. 12,996
(C) No person, with purpose to commit fraud or knowing 12,998
that the person is facilitating a fraud, shall do either of the 12,999
following: 13,000
(1) Contrary to the terms of the person's provider 13,002
agreement, charge, solicit, accept, or receive for goods or 13,003
services that the person provides under the medical assistance 13,005
program any property, money, or other consideration in addition 13,006
to the amount of reimbursement under the medical assistance 13,007
program and the person's provider agreement for the goods or 13,008
services and any deductibles or co-payments authorized by section 13,009
5111.02 of the Revised Code or by any rules adopted pursuant to 13,010
that section.
(2) Solicit, offer, or receive any remuneration, other 13,012
than any deductibles or co-payments authorized by section 5111.02 13,013
of the Revised Code or by any rules adopted pursuant to that 13,014
section, in cash or in kind, including, but not limited to, a 13,015
kickback or rebate, in connection with the furnishing of goods or 13,016
services for which whole or partial reimbursement is or may be 13,017
made under the medical assistance program. 13,018
(D) No person, having submitted a claim for or provided 13,020
290
goods or services under the medical assistance program, shall do 13,021
either of the following for a period of at least six years after 13,022
a reimbursement pursuant to that claim, or a reimbursement for 13,023
those goods or services, is received under the medical assistance 13,024
program: 13,025
(1) Knowingly alter, falsify, destroy, conceal, or remove 13,027
any records that are necessary to fully disclose the nature of 13,028
all goods or services for which the claim was submitted, or for 13,029
which reimbursement was received, by the person; 13,030
(2) Knowingly alter, falsify, destroy, conceal, or remove 13,032
any records that are necessary to disclose fully all income and 13,033
expenditures upon which rates of reimbursements were based for 13,034
the person. 13,035
(E) Whoever violates this section is guilty of medicaid 13,037
fraud. Except as otherwise provided in this division, medicaid 13,039
fraud is a misdemeanor of the first degree. If the value of 13,040
property, services, or funds obtained in violation of this 13,041
section is five hundred dollars or more and is less than five 13,042
thousand dollars, medicaid fraud is a felony of the fifth degree. 13,043
If the value of property, services, or funds obtained in
violation of this section is five thousand dollars or more and is 13,044
less than one hundred thousand dollars, medicaid fraud is a 13,046
felony of the fourth degree. If the value of the property, 13,047
services, or funds obtained in violation of this section is one 13,048
hundred thousand dollars or more, medicaid fraud is a felony of 13,050
the third degree.
(F) Upon application of the governmental agency, office, 13,052
or other entity that conducted the investigation and prosecution 13,053
in a case under this section, the court shall order any person 13,054
who is convicted of a violation of this section for receiving any 13,055
reimbursement for furnishing goods or services under the medical 13,056
assistance program to which the person is not entitled to pay to 13,058
the applicant its cost of investigating and prosecuting the case. 13,059
The costs of investigation and prosecution that a defendant is 13,060
291
ordered to pay pursuant to this division shall be in addition to 13,061
any other penalties for the receipt of that reimbursement that 13,062
are provided in this section, section 5111.03 of the Revised 13,063
Code, or any other provision of law. 13,064
(G) The provisions of this section are not intended to be 13,066
exclusive remedies and do not preclude the use of any other 13,067
criminal or civil remedy for any act that is in violation of this 13,068
section. 13,069
Sec. 2949.26. The body of an executed convict shall be 13,078
returned for burial in any county of the state, to friends who 13,079
made written request therefor, if made to the warden the day 13,080
before or on the morning of the execution. The warden may pay 13,081
the transportation and other funeral expenses, not to exceed
fifty dollars. 13,082
If no request is made by such friends therefor, such body 13,084
shall be disposed of as provided by section 1713.34 of the 13,085
Revised Code and the rules of the department DIRECTOR of human 13,086
JOB AND FAMILY services. 13,087
Sec. 2950.11. (A) As used in this section, "specified 13,096
geographical notification area" means the geographic area or 13,097
areas within which the attorney general, by rule adopted under 13,098
section 2950.13 of the Revised Code, requires the notice 13,099
described in division (B) of this section to be given to the 13,100
persons identified in divisions (A)(2) to (8) of this section. 13,101
If a person is convicted of or pleads guilty to, or has been 13,102
convicted of or pleaded guilty to, a sexually oriented offense, 13,103
and if the offender has been adjudicated as being a sexual 13,104
predator relative to the sexually oriented offense and the court 13,105
has not subsequently determined pursuant to division (D) of 13,106
section 2950.09 of the Revised Code that the offender no longer 13,107
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 13,109
to be a habitual sex offender and the court has imposed a 13,110
requirement under that division subjecting the habitual sex 13,111
292
offender to this section, the sheriff with whom the offender has 13,112
most recently registered under section 2950.04 or 2950.05 of the 13,113
Revised Code, within the period of time specified in division (C) 13,115
of this section, shall provide a written notice containing the 13,116
information set forth in division (B) of this section to all of 13,117
the following persons:
(1) All occupants of residences adjacent to the offender's 13,119
place of residence that are located within the county served by 13,120
the sheriff and all additional neighbors of the offender who are 13,121
within any category that the attorney general by rule adopted 13,122
under section 2950.13 of the Revised Code requires to be provided 13,123
the notice and who reside within the county served by the 13,124
sheriff;
(2) The executive director of the public children services 13,126
agency, as defined in section 2151.011 of the Revised Code, that 13,128
has jurisdiction within the specified geographical notification 13,129
area and that is located within the county served by the sheriff;
(3) The superintendent of each board of education of a 13,131
school district that has schools within the specified 13,132
geographical notification area and that is located within the 13,133
county served by the sheriff;
(4) The appointing or hiring officer of each chartered 13,135
nonpublic school located within the specified geographical 13,136
notification area and within the county served by the sheriff or 13,137
of each other school located within the specified geographical 13,138
notification area and within the county served by the sheriff and 13,139
that is not operated by a board of education described in 13,141
division (A)(3) of this section;
(5) The director, head teacher, elementary principal, or 13,143
site administrator of each preschool program governed by Chapter 13,144
3301. of the Revised Code that is located within the specified 13,145
geographical notification area and within the county served by 13,146
the sheriff;
(6) The administrator of each child day-care center or 13,148
293
type A family day-care home that is located within the specified 13,150
geographical notification area and within the county served by 13,151
the sheriff, and the provider of each certified type B family 13,152
day-care home that is located within the specified geographical 13,153
notification area and within the county served by the sheriff. 13,154
As used in this division, "child day-care center," "type A family 13,155
day-care home," and "certified type B family day-care home" have 13,156
the same meanings as in section 5104.01 of the Revised Code.
(7) The president or other chief administrative officer of 13,158
each institution of higher education, as defined in section 13,160
2907.03 of the Revised Code, that is located within the specified 13,161
geographical notification area and within the county served by
the sheriff, and the chief law enforcement officer of the state 13,163
university law enforcement agency or campus police department 13,164
established under section 3345.04 or 1713.50 of the Revised Code, 13,165
if any, that serves that institution; 13,166
(8) The sheriff of each county that includes any portion 13,168
of the specified geographical notification area; 13,169
(9) If the offender resides within the county served by 13,171
the sheriff, the chief of police, marshal, or other chief law 13,172
enforcement officer of the municipal corporation in which the 13,173
offender resides or, if the offender resides in an unincorporated 13,174
area, the constable or chief of the police department or police 13,175
district police force of the township in which the offender 13,176
resides.
(B) The notice required under division (A) of this section 13,179
shall include all of the following information regarding the 13,180
subject offender:
(1) The offender's name; 13,182
(2) The address or addresses at which the offender 13,184
resides;
(3) The sexually oriented offense of which the offender 13,186
was convicted or to which the offender pleaded guilty; 13,187
(4) A statement that the offender has been adjudicated as 13,189
294
being a sexual predator and that, as of the date of the notice, 13,190
the court has not entered a determination that the offender no 13,191
longer is a sexual predator, or a statement that the sentencing 13,193
or reviewing judge has determined that the offender is a habitual 13,195
sex offender.
(C) If a sheriff with whom an offender registers under 13,197
section 2950.04 or 2950.05 of the Revised Code is required by 13,198
division (A) of this section to provide notices regarding an 13,200
offender and if, pursuant to that requirement, the sheriff 13,201
provides a notice to a sheriff of one or more other counties in 13,203
accordance with division (A)(8) of this section, the sheriff of 13,204
each of the other counties who is provided notice under division 13,205
(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 13,208
or entity identified within those divisions that is located 13,209
within the geographical notification area and within the county 13,210
served by the sheriff in question.
(D)(1) A sheriff required by division (A) or (C) of this 13,213
section to provide notices regarding an offender shall provide
the notice to the neighbors that is described in division (A)(1) 13,214
of this section and the notices to law enforcement personnel that 13,215
are described in divisions (A)(8) and (9) of this section no 13,216
later than seventy-two hours after the offender registers with 13,218
the sheriff or, if the sheriff is required by division (C) to 13,219
provide the notices, no later than seventy-two hours after the
sheriff is provided the notice described in division (A)(8) of 13,220
this section.
A sheriff required by division (A) or (C) of this section 13,223
to provide notices regarding an offender shall provide the
notices to all other specified persons that are described in 13,224
divisions (A)(2) to (7) of this section not later than seven days 13,225
after the offender registers with the sheriff, if the sheriff is 13,226
required by division (C) to provide the notices, no later than 13,228
seventy-two hours after the sheriff is provided the notice 13,229
295
described in division (A)(8) of this section.
(2) If an offender in relation to whom division (A) of 13,232
this section applies verifies the offender's current residence 13,233
address with a sheriff pursuant to section 2950.06 of the Revised 13,235
Code, the sheriff may provide a written notice containing the 13,236
information set forth in division (B) of this section to the 13,237
persons identified in divisions (A)(1) to (9) of this section. 13,239
If a sheriff provides a notice pursuant to this division to the 13,240
sheriff of one or more other counties in accordance with division 13,242
(A)(8) of this section, the sheriff of each of the other counties 13,243
who is provided the notice under division (A)(8) of this section 13,245
may provide, but is not required to provide, a written notice 13,246
containing the information set forth in division (B) of this 13,248
section to the persons identified in divisions (A)(1) to (7) and 13,250
(A)(9) of this section.
(E) All information that a sheriff possesses regarding a 13,252
sexual predator or a habitual sex offender that is described in 13,253
division (B) of this section and that must be provided in a 13,255
notice required under division (A) or (C) of this section or that 13,256
may be provided in a notice authorized under division (D)(2) of 13,257
this section is a public record that is open to inspection under 13,258
section 149.43 of the Revised Code.
(F) The notification provisions of this section do not 13,260
apply regarding a person who is convicted of or pleads guilty to, 13,261
or has been convicted of or pleaded guilty to, a sexually 13,262
oriented offense, who has not been adjudicated as being a sexual 13,263
predator relative to that sexually oriented offense, and who is 13,264
determined pursuant to division (C)(2) or (E) of section 2950.09 13,265
of the Revised Code to be a habitual sex offender unless the 13,266
sentencing or reviewing court imposes a requirement in the 13,267
offender's sentence and in the judgment of conviction that
contains the sentence, or imposes a requirement as described in 13,268
division (C)(2) of section 2950.09 of the Revised Code, that 13,269
subjects the offender to the provisions of this section. 13,270
296
(G) The department of human JOB AND FAMILY services shall 13,272
compile, maintain, and update in January and July of each year, a 13,274
list of all agencies, centers, or homes of a type described in 13,275
division (A)(2) or (6) of this section that contains the name of 13,277
each agency, center, or home of that type, the county in which it 13,278
is located, its address and telephone number, and the name of an 13,279
administrative officer or employee of the agency, center, or 13,280
home. The department of education shall compile, maintain, and 13,281
update in January and July of each year, a list of all boards of 13,283
education, schools, or programs of a type described in division 13,284
(A)(3), (4), or (5) of this section that contains the name of 13,285
each board of education, school, or program of that type, the 13,286
county in which it is located, its address and telephone number, 13,287
the name of the superintendent of the board or of an 13,288
administrative officer or employee of the school or program, and, 13,289
in relation to a board of education, the county or counties in 13,290
which each of its schools is located and the address of each such 13,291
school. The Ohio board of regents shall compile, maintain, and 13,292
update in January and July of each year, a list of all 13,294
institutions of a type described in division (A)(7) of this 13,295
section that contains the name of each such institution, the 13,296
county in which it is located, its address and telephone number, 13,297
and the name of its president or other chief administrative 13,298
officer. A sheriff required by division (A) or (C) of this 13,299
section, or authorized by division (D)(2) of this section, to 13,300
provide notices regarding an offender, or a designee of a sheriff 13,301
of that type, may request the department of human JOB AND FAMILY 13,302
services, department of education, or Ohio board of regents, by 13,304
telephone, in person, or by mail, to provide the sheriff or 13,305
designee with the names, addresses, and telephone numbers of the 13,306
appropriate persons and entities to whom the notices described in 13,307
divisions (A)(2) to (7) of this section are to be provided. Upon 13,309
receipt of a request, the department or board shall provide the 13,310
requesting sheriff or designee with the names, addresses, and 13,311
297
telephone numbers of the appropriate persons and entities to whom 13,312
those notices are to be provided. 13,313
Sec. 2950.13. (A) The attorney general shall do all of 13,322
the following:
(1) No later than July 1, 1997, establish and maintain a 13,324
state registry of sex offenders that is housed at the bureau of 13,325
criminal identification and investigation and that contains all 13,326
of the registration, change of residence address, and 13,327
verification information the bureau receives pursuant to sections 13,328
2950.04, 2950.05, and 2950.06 of the Revised Code regarding a 13,330
person who is convicted of or pleads guilty to, or has been
convicted of or pleaded guilty to, a sexually oriented offense 13,332
and all of the information the bureau receives pursuant to
section 2950.14 of the Revised Code; 13,333
(2) In consultation with local law enforcement 13,335
representatives and no later than July 1, 1997, adopt rules that 13,336
contain guidelines necessary for the implementation of this 13,337
chapter;
(3) In consultation with local law enforcement 13,339
representatives and no later than July 1, 1997, adopt rules for 13,340
the implementation and administration of the provisions contained 13,341
in section 2950.11 of the Revised Code that pertain to the 13,342
notification of neighbors of a person who has committed a 13,343
sexually oriented offense and has been adjudicated as being a 13,344
sexually violent predator or determined to be a habitual sex 13,345
offender, and rules that prescribe a manner in which victims of a
sexually oriented offense committed by a person who has been 13,346
adjudicated as being a sexual predator or determined to be a 13,347
habitual sex offender may make a request that specifies that the 13,348
victim would like to be provided the notices described in 13,349
divisions (A)(1) and (2) of section 2950.10 of the Revised Code. 13,350
(4) In consultation with local law enforcement 13,352
representatives and through the bureau of criminal identification 13,354
and investigation, prescribe the forms to be used by judges and
298
officials pursuant to section 2950.03 of the Revised Code to 13,356
advise offenders of their duties of registration, notification of
a change of residence address and registration of the new 13,357
residence address, and residence address verification under 13,358
sections 2950.04, 2950.05, and 2950.06 of the Revised Code, and 13,359
prescribe the forms to be used by sheriffs relative to those 13,360
duties of registration, change of residence address notification, 13,361
and residence address verification; 13,362
(5) Make copies of the forms prescribed under division (D) 13,364
of this section available to judges, officials, and sheriffs; 13,365
(6) Through the bureau of criminal identification and 13,367
investigation, provide the notifications, the information, and 13,369
the documents that the bureau is required to provide to
appropriate law enforcement officials and to the federal bureau 13,370
of investigation pursuant to sections 2950.04, 2950.05, and 13,371
2950.06 of the Revised Code;
(7) Through the bureau of criminal identification and 13,374
investigation, maintain the verification forms returned under the 13,375
residence address verification mechanism set forth in section
2950.06 of the Revised Code; 13,376
(8) In consultation with representatives of the officials, 13,378
judges, and sheriffs, adopt procedures for officials, judges, and 13,380
sheriffs to use to forward information, photographs, and
fingerprints to the bureau of identification and investigation 13,381
pursuant to the requirements of sections 2950.03, 2950.04, 13,382
2950.05, and 2950.06 of the Revised Code; 13,383
(9) In consultation with the director of education, the 13,385
director of human JOB AND FAMILY services, and the director of 13,387
rehabilitation and correction and no later than July 1, 1997, 13,388
adopt rules that contain guidelines to be followed by boards of 13,389
education of a school district, chartered nonpublic schools or 13,390
other schools not operated by a board of education, preschool 13,391
programs, child day-care centers, type A family day-care homes, 13,392
certified type B family day-care homes, and institutions of 13,393
299
higher education regarding the proper use and administration of 13,394
information received pursuant to section 2950.11 of the Revised 13,395
Code relative to a person who has been adjudicated as being a 13,396
sexual predator or determined to be a habitual sex offender; 13,397
(10) In consultation with local law enforcement 13,399
representatives and no later than July 1, 1997, adopt rules that 13,401
designate a geographic area or areas within which the notice 13,402
described in division (B) of section 2950.11 of the Revised Code 13,403
must be given to the persons identified in divisions (A)(2) to 13,404
(8) of that section.
(B) The attorney general, in consultation with local law 13,406
enforcement representatives, may adopt rules that establish one 13,407
or more categories of neighbors of an offender who, in addition 13,409
to the occupants of residences adjacent to an offender's place of 13,410
residence, must be given the notice described in division (B) of 13,411
section 2950.11 of the Revised Code. 13,412
(C) As used in this section, "local law enforcement 13,414
representatives" means representatives of the sheriffs of this 13,415
state, representatives of the municipal chiefs of police and 13,416
marshals of this state, and representatives of the township 13,417
constables and chiefs of police of the township police 13,418
departments or police district police forces of this state.
Sec. 2951.02. (A)(1) In determining whether to suspend a 13,428
sentence of imprisonment imposed upon an offender for a
misdemeanor and place the offender on probation or whether to 13,430
otherwise suspend a sentence of imprisonment imposed upon an
offender for a misdemeanor pursuant to division (A) of section 13,431
2929.51 of the Revised Code, the court shall consider the risk 13,432
that the offender will commit another offense and the need for 13,433
protecting the public from the risk, the nature and circumstances 13,434
of the offense, and the history, character, and condition of the 13,435
offender. 13,436
(2) An offender who has been convicted of or pleaded 13,438
guilty to a misdemeanor shall not be placed on probation and 13,439
300
shall not otherwise have the sentence of imprisonment imposed 13,440
upon the offender suspended pursuant to division (A) of section 13,442
2929.51 of the Revised Code if any of the following applies: 13,444
(a) The offender is a repeat or dangerous offender, as 13,447
defined in section 2935.36 of the Revised Code. 13,448
(b) The misdemeanor offense involved was not a violation 13,451
of section 2923.12 of the Revised Code and was committed while 13,452
the offender was armed with a firearm or dangerous ordnance, as 13,453
defined in section 2923.11 of the Revised Code. 13,455
(c) Under division (C) of section 2903.07 of the Revised 13,457
Code, the offender is not eligible for probation. 13,458
(B) The following do not control the court's discretion 13,460
but the court shall consider them in favor of placing an offender 13,461
who has been convicted of or pleaded guilty to a misdemeanor on 13,462
probation or in favor of otherwise suspending the offender's 13,463
sentence of imprisonment pursuant to division (A) of section 13,464
2929.51 of the Revised Code: 13,465
(1) The offense neither caused nor threatened serious harm 13,467
to persons or property, or the offender did not contemplate that 13,468
it would do so. 13,469
(2) The offense was the result of circumstances unlikely 13,471
to recur. 13,472
(3) The victim of the offense induced or facilitated it. 13,474
(4) There are substantial grounds tending to excuse or 13,476
justify the offense, though failing to establish a defense. 13,477
(5) The offender acted under strong provocation. 13,479
(6) The offender has no history of prior delinquency or 13,481
criminal activity, or has led a law-abiding life for a 13,482
substantial period before commission of the present offense. 13,483
(7) The offender is likely to respond affirmatively to 13,485
probationary or other court-imposed treatment. 13,486
(8) The character and attitudes of the offender indicate 13,488
that the offender is unlikely to commit another offense. 13,489
(9) The offender has made or will make restitution or 13,491
301
reparation to the victim of the offender's offense for the 13,492
injury, damage, or loss sustained. 13,493
(10) Imprisonment of the offender will entail undue 13,495
hardship to the offender or the offender's dependents. 13,496
(C)(1)(a) When an offender who has been convicted of or 13,498
pleaded guilty to a misdemeanor is placed on probation or the 13,500
sentence of that type of offender otherwise is suspended pursuant 13,501
to division (A) of section 2929.51 of the Revised Code, the 13,503
probation or other suspension shall be at least on condition 13,504
that, during the period of probation or other suspension, the 13,505
offender shall abide by the law, including, but not limited to, 13,506
complying with the provisions of Chapter 2923. of the Revised 13,507
Code relating to the possession, sale, furnishing, transfer, 13,508
disposition, purchase, acquisition, carrying, conveying, or use 13,509
of, or other conduct involving, a firearm or dangerous ordnance,
as defined in section 2923.11 of the Revised Code, and shall not 13,510
leave the state without the permission of the court or the 13,513
offender's probation officer. In the interests of doing justice,
rehabilitating the offender, and ensuring the offender's good 13,514
behavior, the court may impose additional requirements on the 13,515
offender, including, but not limited to, requiring the offender 13,516
to make restitution pursuant to section 2929.21 of the Revised 13,517
Code for all or part of the property damage that is caused by the 13,519
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 13,520
division (K) of section 2913.01 of the Revised Code, that the 13,521
offender committed. Compliance with the additional requirements 13,522
also shall be a condition of the offender's probation or other 13,523
suspension. 13,524
(b) When an offender who has been convicted of or pleaded 13,526
guilty to a felony is sentenced to a nonresidential sanction 13,527
pursuant to section 2929.17 of the Revised Code, the court shall 13,529
impose as a condition of the sanction that, during the period of 13,530
the nonresidential sanction, the offender shall abide by the law, 13,531
302
including, but not limited to, complying with the provisions of 13,532
Chapter 2923. of the Revised Code identified in division 13,534
(C)(1)(a) of this section. 13,535
(2) During the period of a misdemeanor offender's 13,537
probation or other suspension or during the period of a felon's 13,538
nonresidential sanction, authorized probation officers who are 13,540
engaged within the scope of their supervisory duties or 13,541
responsibilities may search, with or without a warrant, the 13,542
person of the offender, the place of residence of the offender,
and a motor vehicle, another item of tangible or intangible 13,543
personal property, or other real property in which the offender 13,544
has a right, title, or interest or for which the offender has the 13,545
express or implied permission of a person with a right, title, or 13,547
interest to use, occupy, or possess if the probation officers
have reasonable grounds to believe that the offender is not 13,548
abiding by the law or otherwise is not complying with the 13,549
conditions of the offender's probation or other suspension or the 13,551
conditions of the offender's nonresidential sanction. If a felon 13,552
who is sentenced to a nonresidential sanction is under the
general control and supervision of the adult parole authority, as 13,553
described in division (A)(2)(a) of section 2929.15 of the Revised 13,554
Code, adult parole authority field officers with supervisory 13,555
responsibilities over the felon shall have the same search 13,556
authority relative to the felon during the period of the sanction 13,557
as is described under this division for probation officers. The 13,558
court that places the offender on probation or suspends the 13,560
misdemeanor offender's sentence of imprisonment pursuant to
division (D)(2) or (4) of section 2929.51 of the Revised Code or 13,562
that sentences the felon to a nonresidential sanction pursuant to 13,563
section 2929.17 of the Revised Code shall provide the offender 13,564
with a written notice that informs the offender that authorized 13,565
probation officers or adult parole authority field officers with 13,566
supervisory responsibilities over the offender who are engaged 13,567
within the scope of their supervisory duties or responsibilities 13,568
303
may conduct those types of searches during the period of 13,570
probation or other suspension or during the period of the 13,571
nonresidential sanction if they have reasonable grounds to 13,572
believe that the offender is not abiding by the law or otherwise 13,573
is not complying with the conditions of the offender's probation
or other suspension or the conditions of the offender's 13,574
nonresidential sanction. 13,575
(D) The following do not control the court's discretion 13,577
but the court shall consider them against placing an offender who 13,578
has been convicted of or pleaded guilty to a misdemeanor on 13,579
probation and against otherwise suspending the offender's 13,580
sentence of imprisonment pursuant to division (A) of section 13,581
2929.51 of the Revised Code:
(1) The offender recently violated the conditions of 13,583
pardon, post-release control pursuant to section 2967.28 of the 13,585
Revised Code, or a probation or suspension pursuant to division 13,587
(A) of section 2929.51 of the Revised Code, previously granted 13,588
the offender.
(2) There is a substantial risk that, while at liberty 13,590
during the period of probation or other suspension, the offender 13,591
will commit another offense. 13,592
(3) The offender is in need of correctional or 13,594
rehabilitative treatment that can be provided best by the 13,595
offender's commitment to a locally governed and operated 13,596
residential facility.
(4) Regardless of whether the offender knew the age of the 13,598
victim, the victim of the offense was sixty-five years of age or 13,599
older or permanently and totally disabled at the time of the 13,600
commission of the offense. 13,601
(E) The criteria listed in divisions (B) and (D) of this 13,603
section shall not be construed to limit the matters that may be 13,604
considered in determining whether to suspend sentence of 13,605
imprisonment and place an offender who has been convicted of or 13,606
pleaded guilty to a misdemeanor on probation or whether to 13,607
304
otherwise suspend the offender's sentence of imprisonment 13,608
pursuant to division (A) of section 2929.51 of the Revised Code. 13,610
(F)(1) When an offender is convicted of or pleads guilty 13,614
to a misdemeanor, the court may require the offender, as a 13,615
condition of probation or as a condition of otherwise suspending 13,616
the offender's sentence pursuant to division (A) of section 13,617
2929.51 of the Revised Code, in addition to the conditions of 13,618
probation or other suspension imposed pursuant to division (C) of 13,619
this section, to perform supervised community service work under 13,620
the authority of health districts, park districts, counties, 13,621
municipal corporations, townships, other political subdivisions 13,622
of the state, or agencies of the state or any of its political 13,623
subdivisions, or under the authority of charitable organizations 13,624
that render services to the community or its citizens, in 13,625
accordance with this division. Supervised community service work 13,626
shall not be required as a condition of probation or other 13,627
suspension under this division unless the offender agrees to 13,628
perform the work offered as a condition of probation or other 13,629
suspension by the court. The court may require an offender who 13,630
agrees to perform the work to pay to it a reasonable fee to cover 13,631
the costs of the offender's participation in the work, including, 13,632
but not limited to, the costs of procuring a policy or policies 13,633
of liability insurance to cover the period during which the 13,634
offender will perform the work.
A court may permit any offender convicted of a misdemeanor 13,636
to satisfy the payment of a fine imposed for the offense by 13,637
performing supervised community service work as described in this 13,638
division if the offender requests an opportunity to satisfy the 13,639
payment by this means and if the court determines the offender is 13,640
financially unable to pay the fine. 13,641
The supervised community service work that may be imposed 13,643
under this division shall be subject to the following 13,644
limitations: 13,645
(a) The court shall fix the period of the work and, if 13,647
305
necessary, shall distribute it over weekends or over other 13,648
appropriate times that will allow the offender to continue at the 13,649
offender's occupation or to care for the offender's family. The 13,650
period of the work as fixed by the court shall not exceed an 13,651
aggregate of two hundred hours. 13,652
(b) An agency, political subdivision, or charitable 13,654
organization must agree to accept the offender for the work 13,655
before the court requires the offender to perform the work for 13,656
the entity. A court shall not require an offender to perform 13,657
supervised community service work for an agency, political 13,658
subdivision, or charitable organization at a location that is an 13,659
unreasonable distance from the offender's residence or domicile, 13,660
unless the offender is provided with transportation to the 13,661
location where the work is to be performed. 13,662
(c) A court may enter into an agreement with a county 13,664
department of human JOB AND FAMILY services for the management, 13,665
placement, and supervision of offenders eligible for community 13,667
service work in work activities, developmental activities, and 13,669
alternative work activities under sections 5107.40 to 5107.69 of 13,671
the Revised Code. If a court and a county department of human 13,673
JOB AND FAMILY services have entered into an agreement of that 13,674
nature, the clerk of that court is authorized to pay directly to 13,675
the COUNTY department of human services all or a portion of the 13,676
fees collected by the court pursuant to this division in 13,678
accordance with the terms of its agreement. 13,679
(d) Community service work that a court requires under 13,681
this division shall be supervised by an official of the agency, 13,682
political subdivision, or charitable organization for which the 13,683
work is performed or by a person designated by the agency, 13,684
political subdivision, or charitable organization. The official 13,685
or designated person shall be qualified for the supervision by 13,686
education, training, or experience, and periodically shall 13,687
report, in writing, to the court and to the offender's probation 13,688
officer concerning the conduct of the offender in performing the 13,689
306
work. 13,690
(2) When an offender is convicted of a felony, the court 13,692
may impose pursuant to sections 2929.15 and 2929.17 of the 13,693
Revised Code a sanction that requires the offender to perform 13,694
supervised community service work in accordance with this 13,695
division and under the authority of any agency, political 13,696
subdivision, or charitable organization as described in division 13,697
(F)(1) of this section. The court may require an offender who is 13,698
ordered to perform the work to pay to it a reasonable fee to 13,699
cover the costs of the offender's participation in the work, 13,700
including, but not limited to, the costs of procuring a policy or 13,701
policies of liability insurance to cover the period during which 13,702
the offender will perform the work. 13,703
A court may permit an offender convicted of a felony to 13,705
satisfy the payment of a fine imposed for the offense pursuant to 13,706
section 2929.18 of the Revised Code by performing supervised 13,707
community service work as described in this division if the court 13,709
determines that the offender is financially unable to pay the 13,710
fine.
The supervised community service work that may be imposed 13,712
under this division shall be subject to the limitations specified 13,713
in divisions (F)(1)(a) to (d) of this section, except that the 13,714
court is not required to obtain the agreement of the offender to 13,715
impose supervised community work as a sanction. Additionally, 13,716
the total of any period of supervised community service work 13,717
imposed on an offender under this division plus the period of all 13,718
other sanctions imposed pursuant to sections 2929.15, 2929.16, 13,719
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 13,721
section 4511.19 of the Revised Code, a municipal ordinance 13,722
relating to operating a vehicle while under the influence of 13,723
alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 13,724
municipal ordinance relating to operating a vehicle with a 13,725
307
prohibited concentration of alcohol in the blood, breath, or 13,726
urine or of a misdemeanor violation of section 2903.07 of the 13,727
Revised Code or an equivalent violation of a municipal ordinance 13,729
that is substantially similar to section 2903.07 of the Revised 13,731
Code and that provides for that type of finding by a jury or 13,732
judge in a case in which the jury or judge found that the 13,733
offender was under the influence of alcohol at the time of the 13,734
commission of the offense, the court may require, as a condition 13,735
of probation in addition to the required conditions of probation 13,736
and the discretionary conditions of probation that may be imposed 13,737
pursuant to division (C) of this section, any suspension or 13,738
revocation of a driver's or commercial driver's license or permit 13,739
or nonresident operating privilege, and all other penalties 13,740
provided by law or by ordinance, that the offender operate only a 13,741
motor vehicle equipped with an ignition interlock device that is 13,742
certified pursuant to section 4511.83 of the Revised Code. 13,743
(2) When a court requires an offender, as a condition of 13,745
probation pursuant to division (G)(1) of this section, to operate 13,746
only a motor vehicle equipped with an ignition interlock device 13,747
that is certified pursuant to section 4511.83 of the Revised 13,748
Code, the offender immediately shall surrender the offender's 13,749
driver's or commercial driver's license or permit to the court. 13,750
Upon the receipt of the offender's license or permit, the court 13,751
shall issue an order authorizing the offender to operate a motor 13,752
vehicle equipped with a certified ignition interlock device, 13,753
deliver the offender's license or permit to the bureau of motor 13,754
vehicles, and include in the abstract of the case forwarded to 13,755
the bureau pursuant to section 4507.021 of the Revised Code the 13,756
conditions of probation imposed pursuant to division (G)(1) of 13,757
this section. The court shall give the offender a copy of its 13,758
order, and that copy shall be used by the offender in lieu of a 13,759
driver's or commercial driver's license or permit until the 13,760
bureau issues a restricted license to the offender. 13,761
(3) Upon receipt of an offender's driver's or commercial 13,763
308
driver's license or permit pursuant to division (G)(2) of this 13,764
section, the bureau of motor vehicles shall issue a restricted 13,765
license to the offender. The restricted license shall be 13,766
identical to the surrendered license, except that it shall have 13,767
printed on its face a statement that the offender is prohibited 13,768
from operating a motor vehicle that is not equipped with an 13,769
ignition interlock device that is certified pursuant to section 13,770
4511.83 of the Revised Code. The bureau shall deliver the 13,771
offender's surrendered license or permit to the court upon 13,772
receipt of a court order requiring it to do so, or reissue the 13,773
offender's license or permit under section 4507.54 of the Revised 13,774
Code if the registrar destroyed the offender's license or permit 13,775
under that section. The offender shall surrender the restricted 13,776
license to the court upon receipt of the offender's surrendered 13,777
license or permit. 13,778
(4) If an offender violates a requirement of the court 13,780
imposed under division (G)(1) of this section, the offender's 13,781
driver's or commercial driver's license or permit or nonresident 13,782
operating privilege may be suspended as provided in section 13,783
4507.16 of the Revised Code. 13,784
(5) As used in this division, "ignition interlock device" 13,786
has the same meaning as in section 4511.83 of the Revised Code. 13,787
Sec. 2953.51. As used in sections 2953.51 to 2953.55 of 13,796
the Revised Code: 13,797
(A) "No bill" means a report by the foreman FOREPERSON or 13,799
deputy foreman FOREPERSON of a grand jury that an indictment is 13,801
not found by the grand jury against a person who has been held to 13,803
answer before the grand jury for the commission of an offense. 13,804
(B) "Prosecutor" has the same meaning as in section 13,806
2953.31 of the Revised Code. 13,807
(C) "Court" means the court in which a case is pending at 13,809
the time a finding of not guilty in the case or a dismissal of 13,810
the complaint, indictment, or information in the case is entered 13,811
on the minutes or journal of the court, or the court to which the 13,812
309
foreman FOREPERSON or deputy foreman FOREPERSON of a grand jury 13,814
reports, pursuant to section 2939.23 of the Revised Code, that 13,815
the grand jury has returned a no bill. 13,816
(D) "Official records" means all records that are 13,818
possessed by any public office or agency that relate to a 13,819
criminal case, including, but not limited to: the notation to 13,820
the case in the criminal docket; all subpoenas issued in the 13,822
case; all papers and documents filed by the defendant or the 13,823
prosecutor in the case; all records of all testimony and evidence 13,824
presented in all proceedings in the case; all court files, 13,825
papers, documents, folders, entries, affidavits, or writs that 13,826
pertain to the case; all computer, microfilm, microfiche, or
microdot records, indices, or references to the case; all index 13,827
references to the case; all fingerprints and photographs; all 13,828
records and investigative reports pertaining to the case that are 13,829
possessed by any law enforcement officer or agency, except that 13,830
any records or reports that are the specific investigatory work 13,831
product of a law enforcement officer or agency are not and shall 13,832
not be considered to be official records when they are in the 13,833
possession of that officer or agency; and all investigative 13,834
records and reports other than those possessed by a law 13,835
enforcement officer or agency pertaining to the case. "Official 13,836
records" does not include records or reports maintained pursuant 13,837
to section 2151.421 of the Revised Code by a public children 13,838
services agency or the department of human JOB AND FAMILY 13,839
services.
Sec. 3101.01. Male persons of the age of eighteen years, 13,848
and female persons of the age of sixteen years, not nearer of kin 13,849
than second cousins, and not having a husband or wife living, may 13,850
be joined in marriage. A minor must first obtain the consent of 13,851
the minor's parents, surviving parent, parent who is designated 13,853
the residential parent and legal custodian of the child by a 13,854
court of competent jurisdiction, guardian, or any one of the 13,857
following who has been awarded permanent custody of the minor by 13,858
310
a court exercising juvenile jurisdiction: 13,859
(A) An adult person; 13,861
(B) The department of human JOB AND FAMILY services or any 13,863
child welfare organization certified by such department; 13,864
(C) A public children services agency. 13,867
A minor shall not be required to obtain the consent of a 13,869
parent who resides in a foreign country, has neglected or 13,870
abandoned such minor for a period of one year or longer 13,871
immediately preceding the application for a marriage license, has 13,873
been adjudged incompetent, is an inmate of a state mental or 13,874
correctional institution, has been permanently deprived of 13,875
parental rights and responsibilities for the care of the child 13,876
and the right to have the child live with the parent and to be 13,877
the legal custodian of the child by a court exercising juvenile 13,879
jurisdiction, or has been deprived of parental rights and 13,880
responsibilities for the care of the child and the right to have 13,881
the child live with the parent and to be the legal custodian of 13,883
the child by the appointment of a guardian of the person of the 13,884
minor by the probate court or by any other court of competent 13,885
jurisdiction. 13,886
Sec. 3107.013. Not later than ninety days after the 13,895
effective date of this section, the department DIRECTOR of human 13,896
JOB AND FAMILY services shall adopt rules in accordance with 13,899
Chapter 119. of the Revised Code governing the education programs 13,900
an individual must complete for the purpose of division (A)(3) of 13,901
section 3107.012 of the Revised Code. The education programs 13,902
shall include courses on adoption placement practice, federal and 13,903
state adoption assistance programs, and post adoption support 13,904
services.
Sec. 3107.031. An assessor shall conduct a home study for 13,913
the purpose of ascertaining whether a person seeking to adopt a 13,914
minor is suitable to adopt. A written report of the home study 13,915
shall be filed with the court at least ten days before the 13,916
petition for adoption is heard.
311
The report shall contain the opinion of the assessor as to 13,918
whether the person who is the subject of the report is suitable 13,919
to adopt a minor and other information and documents specified in 13,921
rules adopted by the department DIRECTOR of human JOB AND FAMILY 13,922
services under section 3107.032 of the Revised Code. The 13,924
assessor shall not consider the person's age when determining 13,925
whether the person is suitable to adopt if the person is old 13,926
enough to adopt as provided by section 3107.03 of the Revised
Code. 13,927
An assessor may request departments or agencies within or 13,930
outside this state to assist in the home study as may be
appropriate and to make a written report to be included with and 13,931
attached to the report to the court. The assessor shall make 13,932
similar home studies and reports on behalf of other assessors 13,933
designated by the courts of this state or another place. 13,934
Upon order of the court, the costs of the home study and 13,936
other proceedings shall be paid by the person seeking to adopt, 13,937
and, if the home study is conducted by a public agency or public 13,938
employee, the part of the cost representing any services and 13,939
expenses shall be taxed as costs and paid into the state treasury 13,940
or county treasury, as the court may direct.
On request, the assessor shall provide the person seeking 13,942
to adopt a copy of the report of the home study. The assessor 13,943
shall delete from that copy any provisions concerning the opinion 13,944
of other persons, excluding the assessor, of the person's 13,945
suitability to adopt a minor.
Sec. 3107.032. Not later than ninety days after the 13,954
effective date of this section JUNE 20, 1996, the department 13,955
DIRECTOR of human JOB AND FAMILY services shall adopt rules in 13,957
accordance with Chapter 119. of the Revised Code specifying the 13,958
manner in which a home study is to be conducted and the 13,959
information and documents to be included in a home study report. 13,960
Sec. 3107.051. (A) Except as provided in division (B) of 13,970
this section, a person seeking to adopt a minor, or the agency or 13,971
312
attorney arranging the adoption, shall submit a petition for the 13,972
minor's adoption no later than ninety days after the date the 13,973
minor is placed in the person's home. Failure to file a petition 13,974
within the time provided by this division does not affect a
court's jurisdiction to hear the petition and is not grounds for 13,975
denying the petition.
(B) This section does not apply if any of the following 13,977
apply: 13,978
(1) The person seeking to adopt the minor is the minor's 13,980
stepparent;
(2) The minor was not originally placed in the person's 13,982
home with the purpose of the person adopting the minor; 13,983
(3) The minor is a "child with special needs," as defined 13,985
by the department DIRECTOR of human JOB AND FAMILY services in 13,987
accordance with section 5153.163 of the Revised Code.
Sec. 3107.062. The department of human JOB AND FAMILY 13,997
services shall establish a putative father registry. To 13,999
register, a putative father must complete a registration form 14,000
prescribed under section 3107.065 of the Revised Code and submit 14,001
it to the department. The registration form shall include the 14,002
putative father's name; the address or telephone number at which 14,003
he wishes to receive, pursuant to section 3107.11 of the Revised 14,004
Code, notice of a petition to adopt the minor he claims as his
child; and the name of the mother of the minor. 14,005
A putative father may register before or not later than 14,007
thirty days after the birth of the child. No fee shall be 14,009
charged for registration.
On receipt of a completed registration form, the department 14,011
shall indicate on the form the date of receipt and file it in the 14,012
putative father registry. The department shall maintain 14,013
registration forms in a manner that enables it to access a 14,014
registration form using either the name of the putative father or 14,015
of the mother.
Sec. 3107.063. A mother or an agency or attorney arranging 14,025
313
a minor's adoption may request at any time that the department of 14,026
human JOB AND FAMILY services search the putative father registry 14,028
to determine whether a man is registered as the minor's putative 14,029
father. The request shall include the mother's name. On receipt
of the request, the department shall search the registry. If the 14,030
department determines that a man is registered as the minor's 14,032
putative father, it shall provide the mother, agency, or attorney 14,033
a certified copy of the man's registration form. If the 14,034
department determines that no man is registered as the minor's
putative father, it shall provide the mother, agency, or attorney 14,035
a certified written statement to that effect. The department 14,036
shall specify in the statement the date the search request was 14,037
submitted. No fee shall be charged for searching the registry. 14,038
Division (B) of section 3107.17 of the Revised Code does 14,041
not apply to this section.
Sec. 3107.064. (A) Except as provided in division (B) of 14,052
this section, a court shall not issue a final decree of adoption
or finalize an interlocutory order of adoption unless the mother 14,053
placing the minor for adoption or the agency or attorney 14,054
arranging the adoption files with the court a certified document 14,055
provided by the department of human JOB AND FAMILY services under 14,056
section 3107.063 of the Revised Code. The court shall not accept
the document unless the date the department places on the 14,057
document pursuant to that section is thirty-one or more days 14,058
after the date of the minor's birth. 14,059
(B) The document described in division (A) of this section 14,062
is not required if any of the following apply:
(1) The mother was married at the time the minor was 14,064
conceived or born;
(2) The parent placing the minor for adoption previously 14,066
adopted the minor; 14,067
(3) Prior to the date a petition to adopt the minor is 14,069
filed, a man has been determined to have a parent and child 14,070
relationship with the minor by a court proceeding pursuant to 14,071
314
sections 3111.01 to 3111.19 of the Revised Code, a court 14,072
proceeding in another state, an administrative agency proceeding 14,073
pursuant to sections 3111.20 to 3111.29 of the Revised Code, or
an administrative agency proceeding in another state; 14,074
(4) The minor's father acknowledged paternity of the minor 14,076
and that acknowledgment has become final pursuant to section 14,078
2151.232, 3111.211, or 5101.314 of the Revised Code; 14,079
(5) A public children services agency has permanent 14,082
custody of the minor pursuant to Chapter 2151. or division (B) of 14,083
section 5103.15 of the Revised Code after both parents lost or 14,084
surrendered parental rights, privileges, and responsibilities 14,085
over the minor.
Sec. 3107.065. Not later than ninety days after the 14,094
effective date of this section, the department DIRECTOR of human 14,095
JOB AND FAMILY services shall do both of the following: 14,097
(A) Adopt rules in accordance with Chapter 119. of the 14,099
Revised Code governing the putative father registry. The rules 14,101
shall establish the registration form to be used by a putative
father under section 3107.062 of the Revised Code. 14,102
(B) Establish a campaign to promote awareness of the 14,104
putative father registry. The campaign shall include 14,105
informational materials about the registry. 14,106
Sec. 3107.071. If a parent enters into a voluntary 14,116
permanent custody surrender agreement under division (B)(2) of 14,117
section 5103.15 of the Revised Code on or after the effective 14,118
date of this section, the parent's consent to the adoption of the 14,120
child who is the subject of the agreement is required unless all 14,121
of the following requirements are met:
(A) In the case of a parent whose child, if adopted, will 14,124
be an adopted person as defined in section 3107.45 of the Revised 14,125
Code:
(1) The parent does all of the following: 14,127
(a) signs SIGNS the component of the form prescribed by 14,129
the department of human services under division (A)(1)(a) of 14,130
315
section 3107.083 of the Revised Code; 14,131
(b) Checks either the "yes" or "no" space provided on the 14,133
component of the form prescribed under division (A)(1)(b) of 14,134
section 3107.083 of the Revised Code and signs that component; 14,135
(c) If the parent is the mother, completes and signs the 14,137
component of the form prescribed under division (A)(1)(c) of 14,139
section 3107.083 of the Revised Code.
(2) The agency provides the parent the opportunity to 14,141
sign, if the parent chooses to do so, the components of the form 14,142
prescribed under divisions (A)(1)(d), (e), and (f) of section 14,143
3107.083 of the Revised Code;
(3) The agency files with the juvenile and probate courts 14,145
the form prescribed under division (A)(1) of section 3107.083 of 14,146
the Revised Code signed by the parent, provides a copy of the 14,147
form signed by the parent to the parent, and keeps a copy of the 14,148
form signed by the parent in the agency's records. 14,149
The court shall keep a copy of the form signed by the 14,151
parent in the court records. 14,152
(B) In the case of a parent whose child, if adopted, will 14,155
be an adopted person as defined in section 3107.39 of the Revised 14,156
Code:
(1) The parent does both of the following: 14,158
(a) Signs the component of the form prescribed by the 14,160
department of human services under division (B)(1)(a) of section 14,161
3107.083 of the Revised Code; 14,162
(b) If the parent is the mother, completes and signs the 14,164
component of the form prescribed under division (B)(1)(b) of 14,166
section 3107.083 of the Revised Code.
(2) The agency provides the parent the opportunity to 14,168
sign, if the parent chooses to do so, the components of the form 14,169
prescribed under divisions (B)(1)(c), (d), and (e) of section 14,170
3107.083 of the Revised Code at the time the parent enters into 14,171
the agreement with the agency;
(3) The agency files the form signed by the parent with 14,174
316
the juvenile and probate courts, provides a copy of the form
signed by the parent to the parent, and keeps a copy of the form 14,176
signed by the parent in the agency's records. 14,177
The court shall keep a copy of the form signed by the 14,179
parent in the court records. 14,180
Sec. 3107.081. (A) Except as provided in divisions (B), 14,190
(E), and (F) of this section, a parent of a minor, who will be, 14,192
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 14,193
a court accepting the parent's consent to the minor's adoption: 14,194
(1) Appear personally before the court; 14,196
(2) Sign the component of the form prescribed by the 14,198
department of human services under division (A)(1)(a) of section 14,199
3107.083 of the Revised Code; 14,200
(3) Check either the "yes" or "no" space provided on the 14,202
component of the form prescribed under division (A)(1)(b) of 14,203
section 3107.083 of the Revised Code and sign that component; 14,204
(4) If the parent is the mother, complete and sign the 14,206
component of the form prescribed under division (A)(1)(c) of 14,207
section 3107.083 of the Revised Code. 14,208
At the time the parent signs the components of the form 14,210
prescribed under divisions (A)(1)(a), (b), and (c) of section 14,212
3107.083 of the Revised Code, the parent may sign, if the parent 14,213
chooses to do so, the components of the form prescribed under 14,214
divisions (A)(1)(d), (e), and (f) of that section. After the 14,215
parent signs the components required to be signed and any
discretionary components the parent chooses to sign, the parent, 14,216
or the attorney arranging the adoption, shall file the form and 14,217
parent's consent with the court. The court or attorney shall 14,218
give the parent a copy of the form and consent. The court and 14,219
attorney shall keep a copy of the form and consent in the court 14,220
and attorney's records of the adoption.
The court shall question the parent to determine that the 14,222
parent understands the adoption process, the ramifications of 14,223
317
consenting to the adoption, each component of the form prescribed 14,224
under division (A)(1) of section 3107.083 of the Revised Code, 14,225
and that the minor and adoptive parent may receive identifying 14,226
information about the parent in accordance with section 3107.47 14,227
of the Revised Code unless the parent checks the "no" space 14,228
provided on the component of the form prescribed under division 14,229
(A)(1)(b) of section 3107.083 of the Revised Code or has a denial 14,230
of release form filed with the department of health under section 14,231
3107.46 of the Revised Code. The court also shall question the 14,233
parent to determine that the parent's consent to the adoption and 14,234
any decisions the parent makes in filling out the form prescribed 14,235
under division (A)(1) of section 3107.083 of the Revised Code are 14,236
made voluntarily.
(B) The parents of a minor, who is less than six months of 14,239
age and will be, if adopted, an adopted person as defined in 14,240
section 3107.45 of the Revised Code, may consent to the minor's
adoption without personally appearing before a court if both 14,241
parents do all of the following: 14,242
(1) Execute a notarized statement of consent to the 14,244
minor's adoption before the attorney arranging the adoption; 14,245
(2) Sign the component of the form prescribed by the 14,247
department of human services under division (A)(1)(a) of section 14,248
3107.083 of the Revised Code; 14,249
(3) Check either the "yes" or "no" space provided on the 14,251
component of the form prescribed under division (A)(1)(b) of 14,252
section 3107.083 of the Revised Code and sign that component. 14,253
At the time the parents sign the components of the form 14,255
prescribed under divisions (A)(1)(a) and (b) of section 3107.083 14,256
of the Revised Code, the mother shall complete and sign the 14,257
component of the from FORM prescribed under division (A)(1)(c) of 14,259
that section and the attorney arranging the adoption shall 14,260
provide the parents the opportunity to sign, if they choose to do 14,261
so, the components of the form prescribed under divisions 14,262
(A)(1)(d), (e), and (f) of that section. At the time the 14,263
318
petition to adopt the minor is submitted to the court, the 14,264
attorney shall file the parents' consents and forms with the 14,265
court. The attorney shall give the parents a copy of the
consents and forms. At the time the attorney files the consents 14,266
and forms with the court, the attorney also shall file with the 14,267
court all other documents the department DIRECTOR of human JOB 14,269
AND FAMILY services requires by rules adopted under division (D) 14,271
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, 14,272
forms, and documents in the court and attorney's records of the 14,273
adoption.
(C) Except as provided in divisions (D), (E), and (F) of 14,275
this section, a parent of a minor, who will be, if adopted, an 14,276
adopted person as defined in section 3107.39 of the Revised Code, 14,277
shall do all of the following as a condition of a court accepting 14,278
the parent's consent to the minor's adoption:
(1) Appear personally before the court; 14,280
(2) Sign the component of the form prescribed by the 14,282
department of human services under division (B)(1)(a) of section 14,283
3107.083 of the Revised Code; 14,284
(3) If the parent is the mother, complete and sign the 14,286
component of the form prescribed under division (B)(1)(b) of 14,287
section 3107.083 of the Revised Code. 14,288
At the time the parent signs the components prescribed 14,290
under divisions (B)(1)(a) and (b) of section 3107.083 of the 14,292
Revised Code, the parent may sign, if the parent chooses to do 14,293
so, the components of the form prescribed under divisions 14,294
(B)(1)(c), (d), and (e) of that section. After the parent signs 14,295
the components required to be signed and any discretionary 14,296
components the parent chooses to sign, the parent, or the 14,297
attorney arranging the adoption, shall file the form and parent's 14,298
consent with the court. The court or attorney shall give the 14,299
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 14,301
319
attorney's records of the adoption. 14,302
The court shall question the parent to determine that the 14,304
parent understands the adoption process, the ramifications of 14,305
consenting to the adoption, and each component of the form 14,306
prescribed under division (B)(1) of section 3107.083 of the 14,307
Revised Code. The court also shall question the parent to 14,308
determine that the parent's consent to the adoption and any 14,309
decisions the parent makes in filling out the form are made 14,310
voluntarily.
(D) The parent of a minor who is less than six months of 14,313
age and will be, if adopted, an adopted person as defined in 14,314
section 3107.39 of the Revised Code may consent to the minor's
adoption without personally appearing before a court if the 14,315
parent does all of the following: 14,316
(1) Executes a notarized statement of consent to the 14,318
minor's adoption before the attorney arranging the adoption; 14,319
(2) Signs the component of the form prescribed by the 14,320
department of human services under division (B)(1)(a) of section 14,321
3107.083 of the Revised Code; 14,322
(3) If the parent is the mother, completes and signs the 14,324
component of the form prescribed under division (B)(1)(b) of 14,325
section 3107.083 of the Revised Code. 14,326
At the time the parent signs the components of the form 14,328
prescribed under division DIVISIONS (B)(1)(a) and (b) of section 14,329
3107.083 of the Revised Code, the attorney arranging the adoption 14,331
shall provide the parent the opportunity to sign, if the parent 14,332
chooses to do so, the components of the form prescribed under 14,333
divisions (B)(1)(c), (d), and (e) of that section. At the time 14,334
the petition to adopt the minor is submitted to the court, the 14,335
attorney shall file the parent's consent and form with the court. 14,337
The attorney shall give the parent a copy of the consent and 14,339
form. At the time the attorney files the consent and form with
the court, the attorney also shall file with the court all other 14,340
documents the department DIRECTOR of human JOB AND FAMILY 14,342
320
services requires by rules adopted under division (D) of section 14,344
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 14,346
documents in the court and attorney's records of the adoption. 14,347
(E) If a minor is to be adopted by a stepparent, the 14,349
parent who is not married to the stepparent may consent to the 14,350
minor's adoption without appearing personally before a court if 14,351
the parent executes consent in the presence of a person 14,352
authorized to take acknowledgments. The attorney arranging the 14,353
adoption shall file the consent with the court and give the 14,354
parent a copy of the consent. The court and attorney shall keep 14,355
a copy of the consent in the court and attorney's records of the 14,356
adoption.
(F) If a parent of a minor to be adopted resides in 14,358
another state, the parent may consent to the minor's adoption 14,359
without appearing personally before a court if the parent 14,360
executes consent in the presence of a person authorized to take 14,361
acknowledgments. The attorney arranging the adoption shall file 14,362
the consent with the court and give the parent a copy of the 14,363
consent. The court and attorney shall keep a copy of the consent
in the court and attorney's records of the adoption. 14,364
Sec. 3107.082. Not less than seventy-two hours prior to 14,374
the date a parent executes consent to the adoption of the 14,375
parent's child under section 3107.081 of the Revised Code, an 14,376
assessor shall meet in person with the parent and do both of the 14,377
following unless the child is to be adopted by a stepparent or 14,378
the parent resides in another state:
(A) Provide the parent with a copy of the written 14,380
materials about adoption prepared by the department of human 14,381
services under division (C) of section 3107.083 of the Revised 14,383
Code, discuss with the parent the adoption process and 14,384
ramifications of a parent consenting to a child's adoption, and 14,385
provide the parent the opportunity to review the materials and to 14,386
ask questions about the materials, discussion, and related 14,387
321
matters;
(B) Unless the child, if adopted, will be an adopted 14,389
person as defined in section 3107.39 of the Revised Code, inform 14,390
the parent that the child and the adoptive parent may receive, in 14,392
accordance with section 3107.47 of the Revised Code, identifying 14,393
information about the parent that is contained in the child's 14,394
adoption file maintained by the department of health unless the 14,395
parent checks the "no" space provided on the component of the
form prescribed under division (A)(1)(b) of section 3107.083 of 14,397
the Revised Code or signs and has filed with the department a 14,398
denial of release form prescribed under section 3107.50 of the
Revised Code.
Sec. 3107.083. Not later than ninety days after the 14,408
effective date of this section JUNE 20, 1996, the department 14,409
DIRECTOR of human JOB AND FAMILY services shall do all of the 14,411
following: 14,412
(A)(1) For a parent of a child who, if adopted, will be an 14,414
adopted person as defined in section 3107.45 of the Revised Code, 14,415
prescribe a form that has the following six components: 14,416
(a) A component the parent signs under section 3107.071, 14,418
3107.081, or 5103.151 of the Revised Code to indicate the 14,419
requirements of section 3107.082 or 5103.152 of the Revised Code 14,420
have been met. The component shall be as follows: 14,421
"Statement Concerning Ohio Law and Adoption Materials 14,422
By signing this component of this form, I acknowledge that 14,425
it has been explained to me, and I understand, that, if I check 14,426
the space on the next component of this form that indicates that 14,427
I authorize the release, the adoption file maintained by the Ohio 14,429
Department of Health, which contains identifying information 14,430
about me at the time of my child's birth, will be released, on 14,431
request, to the adoptive parent when the adoptee is at least age 14,432
eighteen but younger than age twenty-one and to the adoptee when 14,433
he or she is age twenty-one or older. It has also been explained 14,434
to me, and I understand, that I may prohibit the release of 14,435
322
identifying information about me contained in the adoption file 14,436
by checking the space on the next component of this form that 14,437
indicates that I do not authorize the release of the identifying 14,439
information. It has additionally been explained to me, and I 14,440
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 14,441
times as I desire by signing, dating, and having filed with the 14,442
Ohio Department of Health a denial of release form or 14,443
authorization of release form prescribed and provided by the 14,444
Department of Health and providing the Department two items of 14,446
identification.
By signing this component of this form, I also acknowledge 14,448
that I have been provided a copy of written materials about 14,449
adoption prepared by the Ohio Department of Human JOB AND FAMILY 14,451
Services, the adoption process and ramifications of consenting to 14,453
adoption or entering into a voluntary permanent custody surrender 14,454
agreement have been discussed with me, and I have been provided 14,455
the opportunity to review the materials and ask questions about 14,456
the materials and discussion.
Signature of biological parent:............................ 14,458
Signature of witness:...................................... 14,460
Date:....................................................." 14,462
(b) A component the parent signs under section 3107.071, 14,465
3107.081, or 5103.151 of the Revised Code regarding the parent's 14,466
decision whether to allow identifying information about the 14,467
parent contained in an adoption file maintained by the department 14,468
of health to be released to the parent's child and adoptive 14,470
parent pursuant to section 3107.47 of the Revised Code. The 14,471
component shall be as follows:
"Statement Regarding Release of Identifying Information 14,472
The purpose of this component of this form is to allow a 14,474
biological parent to decide whether to allow the Ohio Department 14,475
of Health to provide an adoptee and adoptive parent identifying 14,477
information about the adoptee's biological parent contained in an 14,478
323
adoption file maintained by the Department. Please check one of
the following spaces: 14,480
...... YES, I authorize the Ohio Department of Health to 14,482
release identifying information about me, on 14,483
request, to the adoptive parent when the adoptee 14,484
is at least age eighteen but younger than age
twenty-one and to the adoptee when he or she is 14,485
age twenty-one or older.
...... NO, I do not authorize the release of identifying 14,486
information about me to the adoptive parent or 14,487
adoptee.
Signature of biological parent:............................ 14,489
Signature of witness:...................................... 14,491
Date:....................................................." 14,493
(c) A component the parent, if the mother of the child, 14,495
completes and signs under section 3107.071, 3107.081, or 5103.151 14,496
of the Revised Code to indicate, to the extent of the mother's 14,497
knowledge, all of the following: 14,498
(i) Whether the mother, during her pregnancy, was a 14,500
recipient of the medical assistance program established under 14,501
Chapter 5111. of the Revised Code or other public health 14,503
insurance program and, if so, the dates her eligibility began and 14,504
ended;
(ii) Whether the mother, during her pregnancy, was covered 14,506
by private health insurance and, if so, the dates the coverage 14,507
began and ended, the name of the insurance provider, the type of 14,508
coverage, and the identification number of the coverage; 14,509
(iii) The name and location of the hospital, freestanding 14,511
birth center, or other place where the mother gave birth and, if 14,512
different, received medical care immediately after giving birth; 14,513
(iv) The expenses of the obstetrical and neonatal care; 14,515
(v) Whether the mother has been informed that the adoptive 14,517
parent or the agency or attorney arranging the adoption are to 14,518
pay expenses involved in the adoption, including expenses the 14,519
324
mother has paid and expects to receive or has received 14,520
reimbursement, and, if so, what expenses are to be or have been 14,521
paid and an estimate of the expenses;
(vi) Any other information related to expenses the 14,523
department determines appropriate to be included in this 14,524
component.
(d) A component the parent may sign to authorize the 14,527
agency or attorney arranging the adoption to provide to the child 14,528
or adoptive parent materials, other than photographs of the 14,529
parent, that the parent requests be given to the child or
adoptive parent pursuant to section 3107.68 of the Revised Code. 14,530
(e) A component the parent may sign to authorize the 14,533
agency or attorney arranging the adoption to provide to the child 14,534
or adoptive parent photographs of the parent pursuant to section 14,535
3107.68 of the Revised Code.
(f) A component the parent may sign to authorize the 14,538
agency or attorney arranging the adoption to provide to the child 14,539
or adoptive parent the first name of the parent pursuant to 14,540
section 3107.68 of the Revised Code.
(2) State at the bottom of the form that the parent is to 14,544
receive a copy of the form the parent signed.
(3) Provide copies of the form prescribed under this 14,546
division to probate and juvenile courts, public children services 14,548
agencies, private child placing agencies, private noncustodial 14,549
agencies, attorneys, and persons authorized to take 14,550
acknowledgments.
(B)(1) For a parent of a child who, if adopted, will 14,552
become an adopted person as defined in section 3107.39 of the 14,553
Revised Code, prescribe a form that has the following five 14,554
components:
(a) A component the parent signs under section 3107.071, 14,556
3107.081, or 5103.151 of the Revised Code to attest that the 14,558
requirement of division (A) of section 3107.082 or division (A) 14,559
of section 5103.152 of the Revised Code has been met; 14,560
325
(b) A component the parent, if the mother of the child, 14,562
completes and signs under section 3107.071, 3107.081, or 5103.151 14,563
of the Revised Code to indicate, to the extent of the mother's 14,564
knowledge, all of the following: 14,565
(i) Whether the mother, during her pregnancy, was a 14,567
recipient of the medical assistance program established under 14,568
Chapter 5111. of the Revised Code or other public health 14,570
insurance program and, if so, the dates her eligibility began and 14,571
ended;
(ii) Whether the mother, during her pregnancy, was covered 14,573
by private health insurance and, if so, the dates the coverage 14,574
began and ended, the name of the insurance provider, the type of 14,575
coverage, and the identification number of the coverage; 14,576
(iii) The name and location of the hospital, freestanding 14,578
birth center, or other place where the mother gave birth and, if 14,579
different, received medical care immediately after giving birth; 14,580
(iv) The expenses of the obstetrical and neonatal care; 14,582
(v) Whether the mother has been informed that the adoptive 14,584
parent or the agency or attorney arranging the adoption are to 14,585
pay expenses involved in the adoption, including expenses the 14,586
mother has paid and expects to receive or has received 14,587
reimbursement for, and, if so, what expenses are to be or have
been paid and an estimate of the expenses; 14,588
(vi) Any other information related to expenses the 14,590
department determines appropriate to be included in the 14,591
component.
(c) A component the parent may sign to authorize the 14,593
agency or attorney arranging the adoption to provide to the child 14,595
or adoptive parent materials, other than photographs of the
parent, that the parent requests be given to the child or 14,596
adoptive parent pursuant to section 3107.68 of the Revised Code. 14,597
(d) A component the parent may sign to authorize the 14,599
agency or attorney arranging the adoption to provide to the child 14,601
or adoptive parent photographs of the parent pursuant to section
326
3107.68 of the Revised Code. 14,602
(e) A component the parent may sign to authorize the 14,604
agency or attorney arranging the adoption to provide to the child 14,606
or adoptive parent the first name of the parent pursuant to
section 3107.68 of the Revised Code. 14,607
(2) State at the bottom of the form that the parent is to 14,609
receive a copy of the form the parent signed. 14,610
(3) Provide copies of the form prescribed under this 14,612
division to probate and juvenile courts, public children services 14,613
agencies, private child placing agencies, private noncustodial 14,614
agencies, and attorneys.
(C) Prepare the written materials about adoption that are 14,617
required to be given to parents under division (A) of section 14,618
3107.082 and division (A) of section 5103.152 of the Revised 14,619
Code. The materials shall provide information about the adoption 14,620
process, including ramifications of a parent consenting to a 14,621
child's adoption or entering into a voluntary permanent custody 14,622
surrender agreement. The materials also shall include referral
information for professional counseling and adoption support 14,623
organizations. The department DIRECTOR shall provide the 14,624
materials to assessors. 14,625
(D) Adopt rules in accordance with Chapter 119. of the 14,628
Revised Code specifying the documents that must be filed with a 14,629
probate court under divisions (B) and (D) of section 3107.081 of 14,630
the Revised Code and a juvenile court under divisions (C) and (E) 14,632
of section 5103.151 of the Revised Code.
Sec. 3107.09. (A) The department of human JOB AND FAMILY 14,642
services shall prescribe and supply forms for the taking of
social and medical histories of the biological parents of a minor 14,643
available for adoption.
(B) An assessor shall record the social and medical 14,645
histories of the biological parents of a minor available for 14,646
adoption, unless the minor is to be adopted by the minor's 14,647
stepparent or grandparent. The assessor shall use the forms 14,648
327
prescribed pursuant to division (A) of this section. The 14,649
assessor shall not include on the forms identifying information 14,650
about the biological parents or other ancestors of the minor. 14,651
(C) A social history shall describe and identify the age; 14,654
ethnic, racial, religious, marital, and physical characteristics; 14,655
and educational, cultural, talent and hobby, and work experience 14,656
background of the biological parents of the minor. A medical 14,657
history shall identify major diseases, malformations, allergies, 14,658
ear or eye defects, major conditions, and major health problems 14,659
of the biological parents that are or may be congenital or 14,660
familial. These histories may include other social and medical 14,661
information relative to the biological parents and shall include 14,662
social and medical information relative to the minor's other 14,663
ancestors.
The social and medical histories may be obtained through 14,665
interviews with the biological parents or other persons and from 14,666
any available records if a biological parent or any legal 14,667
guardian of a biological parent consents to the release of 14,668
information contained in a record. An assessor who considers it 14,669
necessary may request that a biological parent undergo a medical 14,670
examination. In obtaining social and medical histories of a 14,671
biological parent, an assessor shall inform the biological 14,672
parent, or a person other than a biological parent who provides 14,673
information pursuant to this section, of the purpose and use of 14,674
the histories and of the biological parent's or other person's 14,675
right to correct or expand the histories at any time. 14,676
(D) A biological parent, or another person who provided 14,678
information in the preparation of the social and medical 14,680
histories of the biological parents of a minor, may cause the 14,681
histories to be corrected or expanded to include different or 14,682
additional types of information. The biological parent or other 14,683
person may cause the histories to be corrected or expanded at any 14,684
time prior or subsequent to the adoption of the minor, including 14,685
any time after the minor becomes an adult. A biological parent 14,687
328
may cause the histories to be corrected or expanded even if the 14,688
biological parent did not provide any information to the assessor 14,689
at the time the histories were prepared.
To cause the histories to be corrected or expanded, a 14,691
biological parent or other person who provided information shall 14,692
provide the information to be included or specify the information 14,693
to be corrected to whichever of the following is appropriate 14,694
under the circumstances:
(1) Subject to division (D)(2) of this section, if the 14,697
biological parent or other person knows the assessor who prepared
the histories, to the assessor; 14,698
(2) If the biological parent or person does not know the 14,701
assessor or finds that the assessor has ceased to perform
assessments, to the court involved in the adoption or, if that 14,703
court is not known, to the department of health. 14,704
An assessor who receives information from a biological 14,707
parent or other person pursuant to division (D)(1) of this 14,708
section shall determine whether the information is of a type that 14,709
divisions (B) and (C) of this section permit to be included in 14,710
the histories. If the assessor determines the information is of 14,711
a permissible type, the assessor shall cause the histories to be 14,713
corrected or expanded to reflect the information. If, at the 14,714
time the information is received, the histories have been filed 14,715
with the court as required by division (E) of this section, the 14,716
court shall cooperate with the assessor in correcting or 14,717
expanding the histories.
If the department of health or a court receives information 14,720
from a biological parent or other person pursuant to division 14,721
(D)(2) of this section, it shall determine whether the 14,722
information is of a type that divisions (B) and (C) of this 14,723
section permit to be included in the histories. If a court 14,724
determines the information is of a permissible type, the court 14,725
shall cause the histories to be corrected or expanded to reflect 14,726
the information. If the department of health so determines, the 14,727
329
court involved shall cooperate with the department in the 14,729
correcting or expanding of the histories.
An assessor or the department of health shall notify a 14,731
biological parent or other person in writing if the assessor or 14,732
department determines that information the biological parent or 14,733
other person provided or specified for inclusion in a history is 14,734
not of a type that may be included in a history. On receipt of 14,735
the notice, the biological parent or other person may petition
the court involved in the adoption to make a finding as to 14,736
whether the information is of a type that may be included in a 14,737
history. On receipt of the petition, the court shall issue its 14,738
finding without holding a hearing. If the court finds that the 14,739
information is of a type that may be included in a history, it
shall cause the history to be corrected or expanded to reflect 14,740
the information. 14,741
(E) An assessor shall file the social and medical 14,743
histories of the biological parents prepared pursuant to 14,744
divisions (B) and (C) of this section with the court with which a 14,745
petition to adopt the biological parents' child is filed. The 14,746
court promptly shall provide a copy of the social and medical 14,747
histories filed with it to the petitioner. In a case involving 14,748
the adoption of a minor by any person other than the minor's 14,749
stepparent or grandparent, a court may refuse to issue an 14,750
interlocutory order or final decree of adoption if the histories 14,751
of the biological parents have not been so filed, unless the 14,752
assessor certifies to the court that information needed to 14,753
prepare the histories is unavailable for reasons beyond the
assessor's control. 14,754
Sec. 3107.091. (A) As used in this section, "biological 14,765
parent" means a biological parent whose offspring, as a minor,
was adopted and with respect to whom a medical and social history 14,766
was not prepared prior or subsequent to the adoption. 14,767
(B) A biological parent may request the department of 14,769
human JOB AND FAMILY services to provide the biological parent
330
with a copy of the social and medical history forms prescribed by 14,770
the department pursuant to section 3107.09 of the Revised Code. 14,771
The department, upon receipt of such a request, shall provide the 14,772
forms to the biological parent, if the biological parent 14,773
indicates that the forms are being requested so that the adoption 14,774
records of the biological parent's offspring will include a 14,775
social and medical history of the biological parent.
In completing the forms, the biological parent may include 14,777
information described in division (C) of section 3107.09 of the 14,779
Revised Code, but shall not include identifying information. 14,780
When the biological parent has completed the forms to the extent 14,782
the biological parent wishes to provide information, the 14,783
biological parent shall return them to the department. The 14,784
department shall review the completed forms, and shall determine
whether the information included by the biological parent is of a 14,785
type permissible under divisions (B) and (C) of section 3107.09 14,786
of the Revised Code and, to the best of its ability, whether the 14,788
information is accurate. If it determines that the forms contain 14,789
accurate, permissible information, the department, after 14,790
excluding from the forms any information the department deems 14,791
impermissible, shall file them with the court that entered the 14,792
interlocutory order or final decree of adoption in the adoption 14,793
case. If the department needs assistance in determining that
court, the department of health, upon request, shall assist it. 14,794
The department of human JOB AND FAMILY services shall 14,796
notify the biological parent in writing if it excludes from the 14,797
biological parent's social and medical history forms information 14,798
deemed impermissible. On receipt of the notice, the biological 14,799
parent may petition the court with which the forms were filed to
make a finding as to whether the information is permissible. On 14,800
receipt of the petition, the court shall issue its finding 14,801
without holding a hearing. If the court finds the information is 14,802
permissible, it shall cause the information to be included on the 14,803
forms.
331
Upon receiving social and medical history forms pursuant to 14,805
this section, a court shall cause them to be filed in the records 14,807
pertaining to the adoption case.
Social and medical history forms completed by a biological 14,809
parent pursuant to this section may be corrected or expanded by 14,810
the biological parent in accordance with division (D) of section 14,812
3107.09 of the Revised Code.
Access to the histories shall be granted in accordance with 14,814
division (D) of section 3107.17 of the Revised Code. 14,815
Sec. 3107.10. (A) Notwithstanding section 3107.01 of the 14,825
Revised Code, as used in this section, "agency" does not include 14,827
a public children services agency.
(B) An agency or attorney, whichever arranges a minor's 14,829
adoption, shall file with the court a preliminary estimate 14,831
accounting not later than the time the adoption petition for the 14,832
minor is filed with the court. The agency or attorney, whichever 14,833
arranges the adoption, also shall file a final accounting with 14,834
the court before a final decree of adoption is issued or an 14,835
interlocutory order of adoption is finalized for the minor. The 14,836
agency or attorney shall complete and file accountings in a 14,837
manner acceptable to the court.
An accounting shall specify all disbursements of anything 14,839
of value the petitioner, a person on the petitioner's behalf, and 14,840
the agency or attorney made and has agreed to make in connection 14,841
with the minor's permanent surrender under division (B) of 14,842
section 5103.15 of the Revised Code, placement under section 14,844
5103.16 of the Revised Code, and adoption under this chapter. 14,845
The agency or attorney shall include in an accounting an 14,846
itemization of each expense listed in division (C) of this 14,847
section. The itemization of the expenses specified in divisions 14,848
(C)(3) and (4) of this section shall show the amount the agency 14,849
or attorney charged or is going to charge for the services and 14,850
the actual cost to the agency or attorney of providing the 14,851
services. An accounting shall indicate whether any expenses 14,852
332
listed in division (C) of this section do not apply to the 14,853
adoption proceeding for which the accounting is filed. 14,854
The agency or attorney shall include with a preliminary 14,856
estimate accounting and a final accounting a written statement 14,857
signed by the petitioner that the petitioner has reviewed the 14,859
accounting and attests to its accuracy.
(C) No petitioner, person acting on a petitioner's behalf, 14,862
or agency or attorney shall make or agree to make any 14,863
disbursements in connection with the minor's permanent surrender, 14,864
placement, or adoption other than for the following: 14,865
(1) Physician expenses incurred on behalf of the birth 14,867
mother or minor in connection with prenatal care, delivery, and 14,868
confinement prior to or following the minor's birth; 14,869
(2) Hospital or other medical facility expenses incurred 14,871
on behalf of the birth mother or minor in connection with the 14,872
minor's birth;
(3) Expenses charged by the attorney arranging the 14,874
adoption for providing legal services in connection with the 14,875
placement and adoption, including expenses incurred by the 14,876
attorney pursuant to sections 3107.031, 3107.081, 3107.082, 14,877
3107.09, and 3107.12 of the Revised Code;
(4) Expenses charged by the agency arranging the adoption 14,879
for providing services in connection with the permanent surrender 14,880
and adoption, including the agency's application fee and the 14,881
expenses incurred by the agency pursuant to sections 3107.031, 14,882
3107.09, 3107.12, 5103.151, and 5103.152 of the Revised Code; 14,883
(5) Temporary costs of routine maintenance and medical 14,885
care for a minor required under section 5103.16 of the Revised 14,886
Code if the person seeking to adopt the minor refuses to accept 14,887
placement of the minor; 14,888
(6) Guardian ad litem fees incurred on behalf of the minor 14,891
in any court proceedings;
(7) Foster care expenses incurred in connection with any 14,894
temporary care and maintenance of the minor;
333
(8) Court expenses incurred in connection with the minor's 14,897
permanent surrender, placement, and adoption.
(D) If a court determines from an accounting that an 14,899
amount that is going to be disbursed for an expense listed in 14,900
division (C) of this section is unreasonable, the court may order 14,901
a reduction in the amount to be disbursed. If a court determines 14,902
from an accounting that an unreasonable amount was disbursed for 14,903
an expense listed in division (C) of this section, the court may 14,904
order the person who received the disbursement to refund to the 14,905
person who made the disbursement an amount the court orders. 14,906
If a court determines from an accounting that a 14,908
disbursement for an expense not permitted by division (C) of this 14,909
section is going to be made, the court may issue an injunction 14,910
prohibiting the disbursement. If a court determines from an 14,911
accounting that a disbursement for an expense not permitted by 14,912
division (C) of this section was made, the court may order the 14,913
person who received the disbursement to return it to the person 14,914
who made the disbursement.
If a court determines that a final accounting does not 14,917
completely report all the disbursements that are going to be made 14,918
or have been made in connection with the minor's permanent 14,919
surrender, placement, and adoption, the court shall order the 14,920
agency or attorney to file with the court an accounting that 14,921
completely reports all such disbursements.
The agency or attorney shall file the final accounting with 14,923
the court not later than ten days prior to the date scheduled for 14,924
the final hearing on the adoption. The court may not issue a 14,925
final decree of adoption or finalize an interlocutory order of 14,927
adoption of a minor until at least ten days after the agency or 14,928
attorney files the final accounting.
(E) At the conclusion of each adoption proceeding, the 14,930
court shall prepare a summary of the proceeding, and on or before 14,931
the tenth day of each month, send copies of the summaries for all 14,932
proceedings concluded during the preceding calendar month to the 14,933
334
department of human JOB AND FAMILY services. The summary shall 14,934
contain:
(1) A notation of the nature and approximate value or 14,936
amount of anything paid in connection with the proceeding, 14,937
compiled from the final accounting required by division (B) of 14,939
this section and indicating the category of division (C) of this 14,940
section to which any payment relates;
(2) If the court has not issued a decree because of the 14,942
requirements of division (D) of this section, a notation of that 14,944
fact and a statement of the reason for refusing to issue the 14,945
decree, related to the financial data summarized under division 14,946
(E)(1) of this section; 14,947
(3) If the adoption was arranged by an attorney, a 14,950
notation of that fact.
The summary shall contain no information identifying by 14,952
name any party to the proceeding or any other person, but may 14,953
contain additional narrative material that the court considers 14,954
useful to an analysis of the summary. 14,955
(F) This section does not apply to an adoption by a 14,957
stepparent whose spouse is a biological or adoptive parent of the 14,958
minor. 14,959
Sec. 3107.12. (A) Except as provided in division (B) of 14,969
this section, an assessor shall conduct a prefinalization
assessment of a minor and petitioner before a court issues a 14,972
final decree of adoption or finalizes an interlocutory order of
adoption for the minor. On completion of the assessment, the 14,973
assessor shall prepare a written report of the assessment and 14,974
provide a copy of the report to the court before which the 14,975
adoption petition is pending.
The report of a prefinalization assessment shall include 14,977
all of the following: 14,978
(1) The adjustment of the minor and the petitioner to the 14,981
adoptive placement;
(2) The present and anticipated needs of the minor and the 14,983
335
petitioner, as determined by a review of the minor's medical and 14,984
social history, for adoption-related services, including 14,985
assistance under Title IV-E of the "Social Security Act," 94 14,986
Stat. 501 (1980), 42 U.S.C.A. 670, as amended, or section 14,987
5153.163 of the Revised Code and counseling, case management 14,988
services, crisis services, diagnostic services, and therapeutic 14,989
counseling.
(3) The physical, mental, and developmental condition of 14,992
the minor;
(4) If known, the minor's biological family background, 14,995
including identifying information about the biological or other 14,996
legal parents;
(5) The reasons for the minor's placement with the 14,999
petitioner, the petitioner's attitude toward the proposed
adoption, and the circumstances under which the minor was placed 15,000
in the home of the petitioner; 15,001
(6) The attitude of the minor toward the proposed 15,004
adoption, if the minor's age makes this feasible;
(7) If the minor is an Indian child, as defined in 25 15,006
U.S.C.A. 1903(4), how the placement complies with the "Indian 15,007
Child Welfare Act of 1978," 92 Stat. 3069, 25 U.S.C.A. 1901, as 15,008
amended.
The assessor shall file the prefinalization report with the 15,010
court not later than twenty days prior to the date scheduled for 15,011
the final hearing on the adoption unless the court determines 15,012
there is good cause for filing the report at a later date. 15,013
(B) This section does not apply if the petitioner is the 15,016
minor's stepparent, unless a court, after determining a
prefinalization assessment is in the best interest of the minor, 15,017
orders that an assessor conduct a prefinalization assessment. 15,018
(C) The department DIRECTOR of human JOB AND FAMILY 15,021
services shall adopt rules in accordance with Chapter 119. of the 15,023
Revised Code defining "counseling," "case management services," 15,024
"crisis services," "diagnostic services," and "therapeutic
336
counseling" for the purpose of this section. 15,025
Sec. 3107.13. (A) A final decree of adoption shall not be 15,034
issued and an interlocutory order of adoption does not become 15,035
final, until the person to be adopted has lived in the adoptive 15,036
home for at least six months after placement by an agency, or for 15,037
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 15,038
an opportunity to observe or investigate the adoptive home, or in 15,039
the case of adoption by a stepparent, until at least six months 15,040
after the filing of the petition, or until the child has lived in 15,041
the home for at least six months.
(B) In the case of a foster parent adopting a foster child 15,043
or person adopting a child to whom the person is related, the 15,044
court shall apply the amount of time the child lived in the 15,045
foster parent's or relative's home prior to the date the foster 15,046
parent or relative files the petition to adopt the child toward 15,047
the six-month waiting period established by division (A) of this
section. 15,048
Sec. 3107.141. After an assessor files a home study report 15,058
under section 3107.031, a social and medical history under 15,059
section 3107.09, or a prefinalization assessment report under 15,060
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 15,062
both of the following if the court determines the report or 15,063
history does not comply with the requirements governing the 15,064
report or history or, in the case of a home study or 15,065
prefinalization assessment report, does not enable the court to 15,066
determine whether an adoption is in the best interest of the 15,067
minor to be adopted: 15,068
(A) Order the assessor or department to redo or supplement 15,071
the report or history in a manner the court directs; 15,072
(B) Appoint a different assessor to redo or supplement the 15,075
337
report or history in a manner the court directs.
Sec. 3107.17. (A) All hearings held under sections 15,084
3107.01 to 3107.19 of the Revised Code shall be held in closed 15,085
court without the admittance of any person other than essential 15,086
officers of the court, the parties, the witnesses of the parties, 15,087
counsel, persons who have not previously consented to an adoption 15,088
but who are required to consent, and representatives of the 15,089
agencies present to perform their official duties. 15,090
(B)(1) Except as provided in divisions (B)(2) and (D) of 15,093
this section and sections 3107.39 to 3107.44 and 3107.60 to
3107.68 of the Revised Code, no person or governmental entity 15,094
shall knowingly reveal any information contained in a paper, 15,096
book, or record pertaining to a placement under section 5103.16
of the Revised Code or to an adoption that is part of the 15,097
permanent record of a court or maintained by the department of 15,098
human JOB AND FAMILY services, an agency, or attorney without the 15,099
consent of a court.
(2) An agency or attorney may examine the agency's or 15,101
attorney's own papers, books, and records pertaining to a 15,102
placement or adoption without a court's consent for official 15,103
administrative purposes. The department of human JOB AND FAMILY 15,104
services may examine its own papers, books, and records 15,105
pertaining to a placement or adoption, or such papers, books, and 15,106
records of an agency, without a court's consent for official 15,107
administrative, certification, and eligibility determination
purposes. 15,108
(C) The petition, the interlocutory order, the final 15,110
decree of adoption, and other adoption proceedings shall be 15,111
recorded in a book kept for such purposes and shall be separately 15,112
indexed. The book shall be a part of the records of the court, 15,113
and all consents, affidavits, and other papers shall be properly 15,115
filed.
(D) All forms that pertain to the social or medical 15,117
histories of the biological parents of an adopted person and that 15,118
338
were completed pursuant to section 3107.09 or 3107.091 of the 15,120
Revised Code shall be filed only in the permanent record kept by 15,121
the court. During the minority of the adopted person, only the 15,122
adoptive parents of the person may inspect the forms. When an 15,123
adopted person reaches majority, only the adopted person may 15,124
inspect the forms. Under the circumstances described in this 15,126
division, an adopted person or the adoptive parents are entitled 15,127
to inspect the forms upon requesting the clerk of the court to 15,128
produce them.
(E)(1) The department of human JOB AND FAMILY services 15,130
shall prescribe a form that permits any person who is authorized 15,131
by division (D) of this section to inspect forms that pertain to 15,132
the social or medical histories of the biological parents and 15,133
that were completed pursuant to section 3107.09 or 3107.091 of 15,135
the Revised Code to request notice if any correction or expansion 15,136
of either such history, made pursuant to division (D) of section 15,137
3107.09 of the Revised Code, is made a part of the permanent 15,138
record kept by the court. The form shall be designed to 15,139
facilitate the provision of the information and statements 15,140
described in division (E)(3) of this section. The department
shall provide copies of the form to each court. A court shall 15,142
provide a copy of the request form to each adoptive parent when a
final decree of adoption is entered and shall explain to each 15,143
adoptive parent at that time that an adoptive parent who 15,144
completes and files the form will be notified of any correction 15,146
or expansion of either the social or medical history of the 15,147
biological parents of the adopted person made during the minority 15,148
of the adopted person that is made a part of the permanent record 15,149
kept by the court, and that, during the adopted person's 15,150
minority, the adopted person may inspect the forms that pertain 15,151
to those histories. Upon request, the court also shall provide a 15,152
copy of the request form to any adoptive parent during the 15,153
minority of the adopted person and to an adopted person who has 15,154
reached the age of majority. 15,155
339
(2) Any person who is authorized to inspect forms pursuant 15,157
to division (D) of this section who wishes to be notified of 15,158
corrections or expansions pursuant to division (D) of section 15,159
3107.09 of the Revised Code that are made a part of the permanent 15,161
record kept by the court shall file with the court, on a copy of 15,162
the form prescribed by the department of human JOB AND FAMILY 15,163
services pursuant to division (E)(1) of this section, a request 15,164
for such notification that contains the information and 15,165
statements required by division (E)(3) of this section. A 15,166
request may be filed at any time if the person who files the 15,167
request is authorized at that time to inspect forms that pertain 15,168
to the social or medical histories. 15,169
(3) A request for notification as described in division 15,171
(E)(2) of this section shall contain all of the following 15,172
information: 15,173
(a) The adopted person's name and mailing address at that 15,175
time; 15,176
(b) The name of each adoptive parent, and if the adoptive 15,178
person is a minor at the time of the filing of the request, the 15,179
mailing address of each adoptive parent at that time; 15,180
(c) The adopted person's date of birth; 15,182
(d) The date of entry of the final decree of adoption; 15,184
(e) A statement requesting the court to notify the person 15,186
who files the request, at the address provided in the request, if 15,187
any correction or expansion of either the social or medical 15,188
history of the biological parents is made a part of the permanent 15,189
record kept by the court; 15,190
(f) A statement that the person who files the request is 15,192
authorized, at the time of the filing, to inspect the forms that 15,193
pertain to the social and medical histories of the biological 15,194
parents; 15,195
(g) The signature of the person who files the request. 15,197
(4) Upon the filing of a request for notification in 15,199
accordance with division (E)(2) of this section, the clerk of the 15,200
340
court in which it is filed immediately shall insert the request 15,201
in the permanent record of the case. A person who has filed the 15,202
request and who wishes to update it with respect to a new mailing 15,203
address may inform the court in writing of the new address. Upon 15,204
its receipt, the court promptly shall insert the new address into 15,205
the permanent record by attaching it to the request. Thereafter, 15,206
any notification described in this division shall be sent to the 15,207
new address. 15,208
(5) Whenever a social or medical history of a biological 15,210
parent is corrected or expanded and the correction or expansion 15,211
is made a part of the permanent record kept by the court, the 15,212
court shall ascertain whether a request for notification has been 15,213
filed in accordance with division (E)(2) of this section. If 15,214
such a request has been filed, the court shall determine whether, 15,215
at that time, the person who filed the request is authorized, 15,216
under division (D) of this section, to inspect the forms that 15,217
pertain to the social or medical history of the biological 15,218
parents. If the court determines that the person who filed the 15,219
request is so authorized, it immediately shall notify the person 15,220
that the social or medical history has been corrected or 15,221
expanded, that it has been made a part of the permanent record 15,222
kept by the court, and that the forms that pertain to the records 15,223
may be inspected in accordance with division (D) of this section. 15,224
Sec. 3107.39. As used in sections 3107.39 to 3107.44 of 15,233
the Revised Code: 15,234
(A) "Adopted person" means a person who, as a minor, was 15,236
adopted and who, prior to the effective date of this amendment 15,238
SEPTEMBER 18, 1996, became available or potentially available for 15,240
adoption. For the purpose of this division, a person was
available or potentially available for adoption prior to the 15,242
effective date of this amendment SEPTEMBER 18, 1996, if, prior to 15,243
that date, either of the following occurred: 15,244
(1) At least one of the person's biological parents 15,246
executed consent to person's adoption; 15,247
341
(2) A probate court entered a finding that the consent of 15,250
at least one of the person's biological parents to the person's 15,251
adoption was not needed as determined pursuant to section 3107.07 15,252
of the Revised Code.
(B) "Adopted sibling" means an adopted person who has a 15,254
biological sibling. 15,255
(C) "Agency" means any public or private organization that 15,257
is certified by the department of human JOB AND FAMILY services 15,258
to place minors for adoption. 15,259
(D) "Biological parent" means a parent, by birth, of an 15,261
adopted person. 15,262
(E) "Biological sibling" means a sibling, by birth, of an 15,264
adopted person. 15,265
(F) "Effective release" means a release that is filed by a 15,267
biological parent or biological sibling of an adopted person, and 15,268
with respect to which a withdrawal of release has not been filed 15,269
by that biological parent or biological sibling. 15,270
(G) "File of releases" means the file that is established 15,272
by the department of health pursuant to division (C) of section 15,273
3107.40 of the Revised Code. 15,274
(H) "Final decree of adoption" includes an interlocutory 15,276
order of adoption that has become final. 15,277
(I) "Identifying information" has the same meaning as in 15,279
section 3107.01 of the Revised Code. 15,280
(J) "Offspring" means a child, by birth, of a person. 15,282
(K) "Petition for release of information" means the 15,284
petition filed in a probate court in accordance with section 15,285
3107.41 of the Revised Code. 15,286
(L) "Release" means the form that is filed, pursuant to 15,288
division (B) of section 3107.40 of the Revised Code, by a 15,289
biological parent or biological sibling with the department of 15,290
health and that contains the information, statement, and matter 15,291
required by division (B)(3) of that section. 15,292
(M) "Withdrawal of release" means the form that is filed, 15,294
342
pursuant to division (D) of section 3107.40 of the Revised Code, 15,295
by a biological parent or biological sibling with the department 15,296
of health and that contains the information, statement, and 15,297
matter required by division (D)(3) of that section. 15,298
Sec. 3109.05. (A)(1) In a divorce, dissolution of 15,308
marriage, legal separation, or child support proceeding, the 15,309
court may order either or both parents to support or help support 15,310
their children, without regard to marital misconduct. In 15,311
determining the amount reasonable or necessary for child support, 15,312
including the medical needs of the child, the court shall comply 15,313
with sections 3113.21 to 3113.219 of the Revised Code. 15,314
(2) The court, in accordance with sections 3113.21 and 15,316
3113.217 of the Revised Code, shall include in each support order 15,317
made under this section the requirement that one or both of the 15,318
parents provide for the health care needs of the child to the 15,319
satisfaction of the court, and the court shall include in the 15,320
support order a requirement that all support payments be made 15,321
through the division of child support in the department of human 15,323
JOB AND FAMILY services.
(3) Each order for child support made or modified under 15,325
this section shall include as part of the order a general 15,327
provision, as described in division (A)(1) of section 3113.21 of 15,328
the Revised Code, requiring the withholding or deduction of 15,329
income or assets of the obligor under the order as described in 15,331
division (D) or (H) of section 3113.21 of the Revised Code, or 15,332
another type of appropriate requirement as described in division 15,333
(D)(3), (D)(4), or (H) of that section, to ensure that 15,335
withholding or deduction from the income or assets of the obligor 15,337
is available from the commencement of the support order for 15,338
collection of the support and of any arrearages that occur; a 15,339
statement requiring both parents to notify the child support 15,340
enforcement agency in writing of their current mailing address; 15,341
current residence address, current residence telephone number, 15,342
current driver's license number, and any changes to that 15,343
343
information, and a notice that the requirement to notify the 15,344
agency of all changes to that information continues until further 15,346
notice from the court. The court shall comply with sections 15,347
3113.21 to 3113.219 of the Revised Code when it makes or modifies 15,348
an order for child support under this section. 15,349
(B) The juvenile court has exclusive jurisdiction to enter 15,351
the orders in any case certified to it from another court. 15,352
(C) If any person required to pay child support under an 15,354
order made under division (A) of this section on or after April 15,355
15, 1985, or modified on or after December 1, 1986, is found in 15,356
contempt of court for failure to make support payments under the 15,357
order, the court that makes the finding, in addition to any other 15,358
penalty or remedy imposed, shall assess all court costs arising 15,359
out of the contempt proceeding against the person and require the 15,360
person to pay any reasonable attorney's fees of any adverse 15,361
party, as determined by the court, that arose in relation to the 15,362
act of contempt and, on or after July 1, 1992, shall assess 15,363
interest on any unpaid amount of child support pursuant to 15,364
section 3113.219 of the Revised Code. 15,365
(D) The court shall not authorize or permit the escrowing, 15,367
impoundment, or withholding of any child support payment ordered 15,368
under this section or any other section of the Revised Code 15,369
because of a denial of or interference with a right of 15,370
companionship or visitation granted in an order issued under this 15,371
section, section 3109.051, 3109.11, 3109.12, or any other section 15,372
of the Revised Code, or as a method of enforcing the specific 15,373
provisions of any such order dealing with visitation. 15,374
(E) Notwithstanding section 3109.01 of the Revised Code, 15,376
if a court issues a child support order under this section, the 15,377
order shall remain in effect beyond the child's eighteenth 15,378
birthday as long as the child continuously attends on a full-time 15,379
basis any recognized and accredited high school or the order 15,381
provides that the duty of support of the child continues beyond 15,382
the child's eighteenth birthday. Except in cases in which the 15,384
344
order provides that the duty of support continues for any period 15,385
after the child reaches age nineteen, the order shall not remain 15,386
in effect after the child reaches age nineteen. Any parent 15,388
ordered to pay support under a child support order issued under
this section shall continue to pay support under the order, 15,389
including during seasonal vacation periods, until the order 15,390
terminates. 15,391
Sec. 3109.15. There is hereby created within the 15,401
department of human JOB AND FAMILY services the children's trust 15,402
fund board consisting of thirteen members. The director of 15,404
health and the director of human JOB AND FAMILY services shall be 15,405
members of the board. Seven public members shall be appointed by 15,407
the governor. These members shall be persons with demonstrated 15,408
knowledge in programs for children, shall be representative of 15,409
the demographic composition of this state, and, to the extent 15,410
practicable, shall be representative of the following categories: 15,411
the educational community; the legal community; the social work 15,412
community; the medical community; the voluntary sector; and 15,413
professional providers of child abuse and child neglect services. 15,414
Five of these members shall be residents of counties where the 15,415
population exceeds four hundred thousand; no more than one such 15,416
member shall be a resident of the same county. Two members of 15,417
the board shall be members of the house of representatives 15,418
appointed by the speaker of the house of representatives and 15,419
shall be members of two different political parties. Two members 15,420
of the board shall be members of the senate appointed by the 15,421
president of the senate and shall be members of two different 15,422
political parties. All members of the board appointed by the 15,423
speaker of the house of representatives or the president of the 15,424
senate shall serve until the expiration of the sessions of the 15,425
general assembly during which they were appointed. They may be 15,426
reappointed to an unlimited number of successive terms of two 15,427
years at the pleasure of the speaker of the house of 15,428
representatives or president of the senate. Of the public 15,429
345
members first appointed, three shall serve for terms of four 15,430
years; two shall serve for terms of three years; and two shall 15,431
serve for terms of two years. Thereafter, public members shall 15,432
serve terms of three years. Each member shall serve until his 15,433
THE MEMBER'S successor is appointed. No public member may serve 15,435
more than two consecutive terms, regardless of whether such terms 15,436
were full or partial terms. All vacancies on the board shall be 15,437
filled for the balance of the unexpired term in the same manner 15,438
as the original appointment.
Any public member of the board may be removed by the 15,440
governor for misconduct, incompetency, or neglect of duty after 15,441
first being given the opportunity to be heard in his THE MEMBER'S 15,443
own behalf.
Each member of the board shall serve without compensation 15,445
but shall be reimbursed for all actual and necessary expenses 15,446
incurred by him in the performace PERFORMANCE of his official 15,448
duties. 15,449
The speaker of the house of representatives and the 15,451
president of the senate shall jointly appoint the board chairman 15,452
CHAIRPERSON from among the legislative members of the board. 15,454
THIS SECTION IS AN INTERIM SECTION EFFECTIVE UNTIL JANUARY 15,456
1, 2001. 15,457
Sec. 3109.16. The children's trust fund board, upon the 15,467
recommendation of the director of human JOB AND FAMILY services, 15,468
shall approve the employment of the staff that will administer 15,470
the programs of the board. The department of human JOB AND 15,471
FAMILY services shall provide budgetary, procurement, accounting, 15,473
and other related management functions for the board. An amount 15,474
not to exceed three per cent of the total amount of fees 15,475
deposited in the children's trust fund in each fiscal year may be 15,476
used for costs directly related to these administrative functions 15,477
of the department. With the approval of the board, an amount 15,478
exceeding three per cent, but not exceeding four per cent, of the 15,479
total amount of fees credited to the fund in each fiscal year may 15,480
346
be used for costs directly related to these administrative 15,481
functions.
The board shall meet at the call of the chairman 15,483
CHAIRPERSON to conduct its official business. All business 15,485
transactions of the board shall be conducted in public meetings. 15,486
The votes of at least seven board members are required to approve 15,487
the state plan for the allocation of funds from the children's 15,488
trust fund.
The board may apply for and accept federal funds for the 15,490
purposes of sections 3109.13 to 3109.18 of the Revised Code. In 15,491
addition, the board may accept gifts and donations from any 15,492
source, including individuals, philanthropic foundations or 15,495
organizations, corporations, or corporation endowments. The
acceptance and use of federal funds shall not entail any 15,497
commitment or pledge of state funds, nor obligate the general 15,498
assembly to continue the programs or activities for which the 15,499
federal funds are made available. All funds received in the 15,500
manner described in this section shall be transmitted to the 15,501
treasurer of state, who shall credit them to the children's trust 15,502
fund created in section 3109.14 of the Revised Code. 15,503
THIS SECTION IS AN INTERIM SECTION EFFECTIVE UNTIL JANUARY 15,505
1, 2001. 15,506
Sec. 3109.18. (A) Each board of county commissioners in 15,515
the following counties shall establish a child abuse and child 15,516
neglect advisory board: Cuyahoga, Franklin, Hamilton, Lucas, 15,517
Montgomery, and Summit. The boards of county commissioners of 15,518
the remaining counties may establish a child abuse and child 15,519
neglect advisory board or the boards of county commissioners of 15,520
two or more contiguous counties may form a multicounty district 15,521
to be served by a multicounty child abuse and child neglect 15,522
advisory board. 15,523
Each child abuse and child neglect advisory board shall 15,525
consist of an odd number of members who represent both public and 15,526
private child serving agencies, and persons with demonstrated 15,527
347
knowledge in programs for children, such as persons from the 15,528
educational community, parent groups, juvenile justice, and the 15,529
medical community. Of the members first appointed, at least one 15,530
shall serve for a term of three years, at least one for a term of 15,531
two years, and at least one for a term of one year. Thereafter, 15,532
each member shall serve a term of three years. Each member shall 15,533
serve until his THE MEMBER'S successor is appointed. All 15,534
vacancies on the board shall be filled for the balance of the 15,536
unexpired term in the same manner as the original appointment. 15,537
Each board shall meet at least quarterly. 15,538
Each board of county commissioners may incur reasonable 15,540
costs not to exceed three per cent of the funding allocated to 15,541
the county or district under section 3109.17 of the Revised Code, 15,542
for the purpose of carrying out the functions of the advisory 15,543
board. 15,544
(B) Annually, each child abuse and child neglect advisory 15,546
board shall: 15,547
(1) Give effective public notice to all potential 15,549
applicants about the availability of funds from the children's 15,550
trust fund. The notification shall include an estimate of the 15,551
amount of money available for grants within each county or 15,552
district, the date of at least one public hearing, the deadline 15,553
for submitting applications for grants, and information on 15,554
obtaining a copy of the application form; 15,555
(2) Review all applications received using criteria 15,557
established by the children's trust fund board under section 15,558
3109.17 of the Revised Code and any criteria developed by the 15,559
child abuse and child neglect advisory board, and develop an 15,560
allocation plan for the county or district; 15,561
(3) Submit the allocation plan to the children's trust 15,563
fund board, with evidence of compliance with this section and 15,564
with section 3109.17 of the Revised Code; 15,565
(4) Upon notification by the children's trust fund board 15,567
that the allocation plan is in compliance with the criteria 15,568
348
established by the boards, monitor the operation of the 15,569
allocation plan; 15,570
(5) Establish procedures for evaluating programs in the 15,572
county or district, including reporting requirements for grant 15,573
recipients. 15,574
Applicants from counties that are not served by a child 15,576
abuse and child neglect advisory board shall apply for funding to 15,577
the children's trust fund board. 15,578
(C) A recipient of a grant from the children's trust fund 15,580
shall use the grant funds only to fund child abuse and child 15,581
neglect prevention programs. A recipient of a grant may use the 15,582
grant funds only for the expansion of existing programs or the 15,583
creation of new programs. 15,584
Any grant funds that are not spent by the counties or the 15,586
recipient of the funds within the time specified by the terms of 15,587
the grant shall be returned to the treasurer of state. The 15,588
treasurer of state shall deposit such unspent moneys into the 15,589
children's trust fund to be spent for purposes consistent with 15,590
the state plan adopted under section 3109.17 of the Revised Code. 15,591
(D) Applications for grants from the children's trust fund 15,593
shall be on forms prescribed by the department of human JOB AND 15,594
FAMILY services and, after any review required by division (B) of 15,596
this section, shall be submitted to the children's trust fund 15,597
board by the date required in the schedule established by rules 15,598
adopted by the board. Each application shall include at least 15,599
the following:
(1) Information showing that the applicant meets the 15,601
eligibility requirements of section 3109.17 of the Revised Code; 15,602
(2) If the applicant is a corporation, a list of the 15,604
trustees of the corporation; 15,605
(3) A specification of the amount of money requested; 15,607
(4) A summary of the program that the applicant intends to 15,609
provide with funds from the grant; 15,610
(5) Any other information required by rules adopted by the 15,612
349
children's trust fund board. 15,613
Each recipient of a grant from the children's trust fund 15,615
shall file two copies of an annual report with the county or 15,616
district advisory board. If no such board serves the recipient's 15,617
county of residence, the recipient shall file two copies of an 15,618
annual report with the children's trust fund board. The annual 15,619
report shall describe the program provided by the recipient, 15,620
indicate the manner in which the grant funds were expended, 15,621
include the results of an independent audit of the funds, and 15,622
include other information that the granting board or the 15,623
department may require. If a public agency is a recipient of a 15,624
grant, the results of the most recent audit of the funds 15,625
conducted under Chapter 117. of the Revised Code shall be 15,626
considered to be the results of the independent audit of the 15,627
funds that must be included in the annual report. The granting 15,628
boards shall annually file one copy of each annual report with 15,629
the department, which shall compile the reports received pursuant 15,630
to this section. 15,631
THIS SECTION IS AN INTERIM SECTION EFFECTIVE UNTIL JANUARY 15,633
1, 2001. 15,634
Sec. 3109.401. (A) The general assembly finds the 15,644
following:
(1) That the parent and child relationship is of 15,646
fundamental importance to the welfare of a child, and that the 15,647
relationship between a child and each parent should be fostered 15,648
unless inconsistent with the child's best interests; 15,649
(2) That parents have the responsibility to make decisions 15,652
and perform other parenting functions necessary for the care and 15,653
growth of their children;
(3) That the courts, when allocating parenting functions 15,655
and responsibilities with respect to the child in a divorce, 15,656
dissolution, legal separation, annulment, or any other proceeding 15,658
addressing the allocation of parental rights and
responsibilities, must determine the child's best interests; 15,660
350
(4) That the courts and parents must take into 15,662
consideration the following general principles when allocating 15,663
parental rights and responsibilities and developing appropriate 15,665
terms for parenting plans:
(a) Children are served by a parenting arrangement that 15,668
best provides for a child's safety, emotional growth, health, 15,669
stability, and physical care.
(b) Exposure of the child to harmful parental conflict 15,672
should be minimized as much as possible. 15,673
(c) Whenever appropriate, parents should be encouraged to 15,676
meet their responsibilities to their children through agreements 15,677
rather than by relying on judicial intervention. 15,678
(d) When a parenting plan provides for mutual 15,681
decision-making responsibility by the parents but they are unable 15,682
to make decisions mutually, they should make a good faith effort 15,683
to utilize the mediation process as required by the parenting 15,684
plan.
(e) In apportioning between the parents the daily physical 15,687
living arrangements of the child and the child's location during 15,688
legal and school holidays, vacations, and days of special 15,689
importance, a court should not impose any type of standard 15,690
schedule unless a standard schedule meets the needs of the child
better than any proposed alternative parenting plan. 15,691
(B) It is, therefore, the purpose of Chapter 3109. of the 15,694
Revised Code, when it is in the child's best interest, to foster 15,696
the relationship between the child and each parent when a court 15,697
allocates parental rights and responsibilities with respect to 15,698
the child in a divorce, dissolution, legal separation, annulment, 15,699
or any other proceeding addressing the allocation of parental 15,700
rights and responsibilities. 15,701
(C) There is hereby created the task force on family law 15,704
and children consisting of twenty-four members. The Ohio state 15,705
bar association shall appoint three members who shall be 15,706
attorneys with extensive experience in the practice of family 15,707
351
law. The Ohio association of domestic relations judges shall 15,709
appoint three members who shall be domestic relations judges. 15,710
The Ohio association of juvenile and family court judges shall 15,712
appoint three members who shall be juvenile or family court 15,713
judges. The chief justice of the supreme court shall appoint 15,714
eight members, three of whom shall be persons who practice in the 15,715
field of family law mediation, two of whom shall be persons who 15,716
practice in the field of child psychology, one of whom shall be a 15,717
person who represents parent and child advocacy organizations, 15,718
one of whom shall be a person who provides parenting education 15,719
services, and one of whom shall be a magistrate employed by a 15,720
domestic relations or juvenile court. The speaker of the house
of representatives shall appoint two members who shall be members 15,721
of the house of representatives and who shall be from different 15,722
political parties. The president of the senate shall appoint two 15,723
members who shall be members of the senate and who shall be from 15,724
different political parties. The governor shall appoint two 15,725
members who shall represent child caring agencies. One member 15,727
shall be the director of human JOB AND FAMILY services or the
director's designee. The chief justice shall designate one 15,728
member of the task force to chair the task force. 15,729
The appointing authorities and persons shall make 15,731
appointments to the task force on family law and children within 15,733
thirty days after the effective date of this section. Section 15,734
101.84 of the Revised Code does not apply to the task force. 15,735
(D) The task force on family law and children shall do all 15,738
of the following:
(1) Appoint and fix the compensation of any technical, 15,740
professional, and clerical employees and perform any services 15,741
that are necessary to carry out the powers and duties of the task 15,742
force on family law and children. All employees of the task 15,743
force shall serve at the pleasure of the task force. 15,744
(2) By December 31, 1999, submit to the speaker and 15,747
minority leader of the house of representatives and to the 15,748
352
president and the minority leader of the senate a report of its 15,749
findings and recommendations on how to create a more civilized 15,750
and constructive process for the parenting of children whose 15,751
parents do not reside together. The recommendations shall 15,752
propose a system to do all of the following: 15,753
(a) Put children first; 15,755
(b) Provide families with choices before they make a 15,758
decision to obtain or finalize a divorce, dissolution, legal
separation, or annulment; 15,759
(c) Redirect human services to intervention and 15,761
prevention, rather than supporting the casualties of the current 15,762
process; 15,763
(d) Avoid needless conflict between the participants; 15,766
(e) Encourage problem solving among the participants; 15,769
(f) Force the participants to act responsibly; 15,772
(g) Shield both the participants and their children from 15,775
lasting emotional damage.
(3) Gather information on and study the current state of 15,777
family law in this state; 15,778
(4) Collaborate and consult with entities engaged in 15,780
family and children's issues including, but not limited to, the 15,781
Ohio association of child caring agencies, the Ohio family court 15,783
feasibility study, and the Ohio courts futures commission;
(5) Utilize findings and outcomes from pilot projects 15,785
conducted by the Ohio family court feasibility study to explore 15,786
alternatives in creating a more civilized and constructive 15,787
process for the parenting of children whose parents do not reside 15,788
together with an emphasis on the areas of mediation and obtaining 15,790
visitation compliance.
(E) Courts of common pleas shall cooperate with the task 15,793
force on family law and children in the performance of the task 15,794
force's duties described in division (D) of this section. 15,795
Sec. 3111.03. (A) A man is presumed to be the natural 15,805
father of a child under any of the following circumstances: 15,806
353
(1) The man and the child's mother are or have been 15,808
married to each other, and the child is born during the marriage 15,809
or is born within three hundred days after the marriage is 15,810
terminated by death, annulment, divorce, or dissolution or after 15,811
the man and the child's mother separate pursuant to a separation 15,812
agreement. 15,813
(2) The man and the child's mother attempted, before the 15,815
child's birth, to marry each other by a marriage that was 15,816
solemnized in apparent compliance with the law of the state in 15,817
which the marriage took place, the marriage is or could be 15,818
declared invalid, and either of the following applies: 15,819
(a) The marriage can only be declared invalid by a court 15,821
and the child is born during the marriage or within three hundred 15,822
days after the termination of the marriage by death, annulment, 15,823
divorce, or dissolution; 15,824
(b) The attempted marriage is invalid without a court 15,826
order and the child is born within three hundred days after the 15,827
termination of cohabitation. 15,828
(3) The man and the child's mother, after the child's 15,830
birth, married or attempted to marry each other by a marriage 15,831
solemnized in apparent compliance with the law of the state in 15,832
which the marriage took place, and either of the following 15,833
occurs: 15,834
(a) The man has acknowledged his paternity of the child in 15,836
a writing sworn to before a notary public; 15,837
(b) The man is required to support the child by a written 15,839
voluntary promise or by a court order. 15,840
(4) An acknowledgment of paternity filed with the division 15,842
of child support in the department of human JOB AND FAMILY 15,844
services becomes final pursuant to section 2151.232, 3111.211, or 15,845
5101.314 of the Revised Code. 15,846
(5) A court or administrative body, pursuant to section 15,848
3111.09, 3111.22, or 3115.52 of the Revised Code or otherwise, 15,850
has ordered that genetic tests be conducted or the natural mother 15,851
354
and alleged natural father voluntarily agreed to genetic testing 15,852
pursuant to former section 3111.21 of the Revised Code to 15,853
determine the father and child relationship and the results of 15,855
the genetic tests indicate a probability of ninety-nine per cent 15,856
or greater that the man is the biological father of the child. 15,858
(B)(1) A presumption arises under division (A)(3) of this 15,860
section regardless of the validity or invalidity of the marriage 15,861
of the parents. A presumption that arises under this section can 15,862
only be rebutted by clear and convincing evidence that includes 15,863
the results of genetic testing, except that a presumption that 15,864
arises under division (A)(1) or (2) of this section is conclusive 15,866
as provided in division (A) of section 3111.37 of the Revised 15,867
Code and cannot be rebutted. If two or more conflicting 15,869
presumptions arise under this section, the court shall determine, 15,870
based upon logic and policy considerations, which presumption 15,871
controls. If a determination described in division (B)(3) of 15,872
this section conflicts with a presumption that arises under this 15,873
section the determination is controlling. 15,874
(2) Notwithstanding division (B)(1) of this section, a 15,876
presumption that arises under division (A)(4) of this section may 15,879
only be rebutted as provided in division (B)(2) of section 15,881
5101.314 of the Revised Code. 15,883
(3) Notwithstanding division (A)(5) of this section, a 15,885
final and enforceable determination finding the existence of a 15,887
father and child relationship pursuant to former section 3111.21 15,888
or section 3111.22 of the Revised Code that is based on the 15,889
results of genetic tests ordered pursuant to either of those 15,890
sections, is not a presumption. 15,891
(C) A presumption of paternity that arose pursuant to this 15,893
section prior to the effective date of this amendment JANUARY 1, 15,895
1998, shall remain valid on and after that date unless rebutted 15,896
pursuant to division (B) of this section. This division does not 15,897
apply to a determination described in division (B)(3) of this 15,898
section.
355
Sec. 3111.06. (A) The juvenile court has original 15,907
jurisdiction of any action authorized under sections 3111.01 to 15,908
3111.19 of the Revised Code. An action may be brought under 15,909
those sections in the juvenile court of the county in which the 15,910
child, the child's mother, or the alleged father resides or is 15,911
found or, if the alleged father is deceased, of the county in 15,912
which proceedings for the probate of the alleged father's estate 15,914
have been or can be commenced, or of the county in which the
child is being provided support by the COUNTY department of human 15,915
JOB AND FAMILY services of that county. An action pursuant to 15,918
sections 3111.01 to 3111.19 of the Revised Code to object to an 15,920
administrative order issued pursuant to former section 3111.21 or
section 3111.22 of the Revised Code determining the existence or 15,921
nonexistence of a parent and child relationship that has not 15,923
become final and enforceable, may be brought only in the juvenile 15,924
court of the county in which the child support enforcement agency 15,925
that issued the order is located. If an action for divorce, 15,926
dissolution, or legal separation has been filed in a court of 15,927
common pleas, that court of common pleas has original 15,928
jurisdiction to determine if the parent and child relationship 15,929
exists between one or both of the parties and any child alleged 15,930
or presumed to be the child of one or both of the parties. 15,931
(B) A person who has sexual intercourse in this state 15,933
submits to the jurisdiction of the courts of this state as to an 15,934
action brought under sections 3111.01 to 3111.19 of the Revised 15,935
Code with respect to a child who may have been conceived by that 15,936
act of intercourse. In addition to any other method provided by 15,937
the Rules of Civil Procedure, personal jurisdiction may be 15,938
acquired by personal service of summons outside this state or by 15,939
certified mail with proof of actual receipt. 15,940
Sec. 3111.07. (A) The natural mother, each man presumed 15,949
to be the father under section 3111.03 of the Revised Code, each 15,950
man alleged to be the natural father, and, if the party who 15,951
initiates the action is a recipient of public assistance as 15,952
356
defined in section 3111.04 of the Revised Code or if the 15,954
responsibility for the collection of support for the child who is 15,955
the subject of the action has been assumed by the child support 15,956
enforcement agency under Title IV-D of the "Social Security Act," 15,957
88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, the child 15,958
support enforcement agency of the county in which the child 15,959
resides shall be made parties to the action brought pursuant to 15,960
sections 3111.01 to 3111.19 of the Revised Code or, if not 15,961
subject to the jurisdiction of the court, shall be given notice 15,962
of the action pursuant to the Rules of Civil Procedure and shall 15,963
be given an opportunity to be heard. The court may align the 15,964
parties. The child shall be made a party to the action unless a 15,965
party shows good cause for not doing so. Separate counsel shall 15,966
be appointed for the child if the court finds that the child's 15,967
interests conflict with those of the mother. 15,968
If the person bringing the action knows that a particular 15,970
man is not or, based upon the facts and circumstances present, 15,971
could not be the natural father of the child, the person bringing 15,972
the action shall not allege in the action that the man is the 15,973
natural father of the child and shall not make the man a party to 15,974
the action. 15,975
(B) If an action is brought pursuant to sections 3111.01 15,977
to 3111.19 of the Revised Code and the child to whom the action 15,978
pertains is or was being provided support by the department of 15,979
human JOB AND FAMILY services, a county department of human JOB 15,981
AND FAMILY services, or another public agency, the department, 15,982
county department, or agency may intervene for purposes of 15,983
collecting or recovering the support.
Sec. 3111.09. (A)(1) In any action instituted under 15,992
sections 3111.01 to 3111.19 of the Revised Code, the court, upon 15,993
its own motion, may order and, upon the motion of any party to 15,994
the action, shall order the child's mother, the child, the 15,995
alleged father, and any other person who is a defendant in the 15,996
action to submit to genetic tests. Instead of or in addition to 15,997
357
genetic testing ordered pursuant to this section, the court may 15,998
use the following information to determine the existence of a 16,000
parent and child relationship between the child and the child's 16,001
mother, the alleged father, or another defendant: 16,002
(a) A DNA record of the child's mother, the child, the 16,006
alleged father, or any other defendant that is stored in the DNA 16,007
database pursuant to section 109.573 of the Revised Code;
(b) Results of genetic tests conducted on the child, the 16,010
child's mother, the alleged father, or any other defendant 16,011
pursuant to former section 3111.21 or section 3111.22 of the
Revised Code. 16,012
If the court intends to use the information described in 16,015
division (A)(1)(a) of this section, it shall order the 16,016
superintendent of the bureau of criminal identification and 16,017
investigation to disclose the information to the court. If the 16,018
court intends to use the genetic test results described in 16,019
division (A)(1)(b) of this section, it shall order the agency 16,020
that ordered the tests to provide the report of the genetic test 16,021
results to the court.
(2) If the child support enforcement agency is not made a 16,024
party to the action, the clerk of the court shall schedule the 16,025
genetic testing no later than thirty days after the court issues 16,026
its order. If the agency is made a party to the action, the 16,027
agency shall schedule the genetic testing in accordance with the 16,028
rules adopted by the department DIRECTOR of human JOB AND FAMILY 16,030
services pursuant to section 2301.35 of the Revised Code. If the 16,032
alleged father of a child brings an action under sections 3111.01 16,033
to 3111.19 of the Revised Code and if the mother of the child 16,034
willfully fails to submit to genetic testing or if the mother is
the custodian of the child and willfully fails to submit the 16,035
child to genetic testing, the court, on the motion of the alleged 16,036
father, shall issue an order determining the existence of a 16,038
parent and child relationship between the father and the child 16,039
without genetic testing. If the mother or other guardian or 16,040
358
custodian of the child brings an action under sections 3111.01 to 16,041
3111.19 of the Revised Code and if the alleged father of the 16,042
child willfully fails to submit himself to genetic testing or, if 16,043
the alleged father is the custodian of the child and willfully 16,044
fails to submit the child to genetic testing, the court shall 16,045
issue an order determining the existence of a parent and child 16,046
relationship between the father and the child without genetic 16,047
testing. If a party shows good cause for failing to submit to 16,048
genetic testing or for failing to submit the child to genetic 16,049
testing, the court shall not consider the failure to be willful. 16,050
(3) Except as provided in division (A)(4) of this section, 16,053
any fees charged for the tests shall be paid by the party that 16,054
requests them, unless the custodian of the child is represented 16,055
by the child support enforcement agency in its role as the agency 16,056
providing enforcement of child support orders under Title IV-D of 16,057
the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, 16,058
as amended, the custodian is a participant in Ohio works first 16,060
under Chapter 5107. of the Revised Code for the benefit of the 16,062
child, or the defendant in the action is found to be indigent, in 16,063
which case the child support enforcement agency shall pay the 16,064
costs of genetic testing. The child support enforcement agency, 16,065
within guidelines contained in that federal law, shall use funds 16,066
received pursuant to Title IV-D of the "Social Security Act," 88 16,067
Stat. 2351 (1975), 42 U.S.C. 651, as amended, to pay the fees 16,068
charged for the tests.
Except as provided in division (A)(4) of this section, if 16,070
there is a dispute as to who shall pay the fees charged for 16,071
genetic testing, the child support enforcement agency shall pay 16,072
the fees, but neither the court nor the agency shall delay 16,073
genetic testing due to a dispute as to who shall pay the genetic 16,074
testing fees. The child support enforcement agency or the person 16,075
who paid the fees charged for the genetic testing may seek 16,076
reimbursement for the genetic testing fees from the person 16,077
against whom the court assesses the costs of the action. Any 16,078
359
funds used in accordance with this division by the child support 16,079
enforcement agency shall be in addition to any other funds that 16,080
the agency is entitled to receive as a result of any contractual 16,081
provision for specific funding allocations for the agency between 16,082
the county, the state, and the federal government. 16,083
(4) If, pursuant to former section 3111.21 or section 16,085
3111.22 of the Revised Code, the agency has previously conducted 16,088
genetic tests on the child, child's mother, alleged father, or 16,089
any other defendant and the current action pursuant to section 16,090
3111.01 to 3111.19 of the Revised Code has been brought to object 16,092
to the result of those previous tests, the agency shall not be 16,093
required to pay the fees for conducting genetic tests pursuant to 16,095
this section on the same persons.
(B)(1) The genetic tests shall be made by qualified 16,097
examiners who are authorized by the court or the department of 16,098
human JOB AND FAMILY services. An examiner conducting a genetic 16,099
test, upon the completion of the test, shall send a complete 16,100
report of the test results to the clerk of the court that ordered 16,101
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 16,102
ordered the test is located. 16,103
(2) If a court orders the superintendent of the bureau of 16,105
criminal identification and investigation to disclose information 16,106
regarding a DNA record stored in the DNA database pursuant to 16,107
section 109.573 of the Revised Code, the superintendent shall 16,108
send the information to the clerk of the court that issued the 16,110
order or, if the agency is a party to the action, to the child 16,111
support enforcement agency of the county in which the court that
issued the order is located. 16,112
(3) If a court orders the child support enforcement agency 16,114
to provide the report of the genetic test results obtained 16,115
pursuant to former section 3111.21 or section 3111.22 of the 16,117
Revised Code, the agency shall send the information to the person
or government entity designated by the court that issued the 16,118
360
order.
(4) The clerk, agency, or person or government entity 16,121
under division (B)(3) of this section that receives a report or 16,122
information pursuant to division (B)(1), (2), or (3) of this 16,124
section shall mail a copy of the report or information to the 16,126
attorney of record for each party or, if a party is not 16,128
represented by an attorney, to the party. The clerk, agency, or 16,129
person or government entity under division (B)(3) of this section 16,131
that receives a copy of the report or information shall include 16,132
with the report or information sent to an attorney of record of a 16,133
party or a party a notice that the party may object to the 16,134
admission into evidence of the report or information by filing a 16,135
written objection as described in division (D) of section 3111.12 16,136
of the Revised Code with the court that ordered the tests or 16,137
ordered the disclosure of the information no later than fourteen 16,138
days after the report or information was mailed to the attorney 16,140
of record or to the party. The examiners may be called as 16,141
witnesses to testify as to their findings. Any party may demand 16,142
that other qualified examiners perform independent genetic tests 16,143
under order of the court. The number and qualifications of the 16,144
independent examiners shall be determined by the court. 16,145
(C) Nothing in this section prevents any party to the 16,147
action from producing other expert evidence on the issue covered 16,148
by this section, but, if other expert witnesses are called by a 16,149
party to the action, the fees of these expert witnesses shall be 16,150
paid by the party calling the witnesses and only ordinary witness 16,151
fees for these expert witnesses shall be taxed as costs in the 16,152
action. 16,153
(D) If the court finds that the conclusions of all the 16,155
examiners are that the alleged father is not the father of the 16,156
child, the court shall enter judgment that the alleged father is 16,157
not the father of the child. If the examiners disagree in their 16,158
findings or conclusions, the court shall determine the father of 16,160
the child based upon all the evidence.
361
(E) As used in sections 3111.01 to 3111.29 of the Revised 16,162
Code:
(1) "Genetic tests" and "genetic testing" mean either of 16,164
the following:
(a) Tissue or blood tests, including tests that identify 16,168
the presence or absence of common blood group antigens, the red 16,169
blood cell antigens, human lymphocyte antigens, serum enzymes, 16,170
serum proteins, or genetic markers; 16,171
(b) Deoxyribonucleic acid typing of blood or buccal cell 16,173
samples.
"Genetic test" and "genetic testing" may include the typing 16,175
and comparison of deoxyribonucleic acid derived from the blood of 16,176
one individual and buccal cells of another. 16,177
(2) "DNA record" and "DNA database" have the same meanings 16,180
as in section 109.573 of the Revised Code.
Sec. 3111.20. (A) As used in sections 3111.20 to 3111.29 16,189
of the Revised Code: 16,190
(1) "Obligor" means the person required to pay support 16,192
under an administrative support order. 16,193
(2) "Obligee" means the person entitled to receive the 16,195
support payments under an administrative support order. 16,196
(3) "Administrative support order" means an administrative 16,198
order for the payment of support that is issued by a child 16,199
support enforcement agency. 16,200
(4) "Support" means child support. 16,202
(5) "Personal earnings" means compensation paid or payable 16,204
for personal services, however denominated, and includes, but is 16,205
not limited to, wages, salary, commissions, bonuses, draws 16,206
against commissions, profit sharing, and vacation pay. 16,207
(6) "Financial institution" means a bank, savings and loan 16,209
association, or credit union, or a regulated investment company 16,210
or mutual fund in which a person who is required to pay support 16,211
has funds on deposit that are not exempt under the law of this 16,212
state or the United States from execution, attachment, or other 16,213
362
legal process. 16,214
(7) "Title IV-D case" means any case in which the child 16,216
support enforcement agency is enforcing the support order 16,217
pursuant to Title IV-D of the "Social Security Act," 88 Stat. 16,218
2351 (1975), 42 U.S.C. 651, as amended. 16,219
(8) "Payor" means any person or entity that distributes 16,222
income to an obligor including the obligor, if the obligor is 16,224
self-employed; an employer; an employer that is paying the 16,225
obligor's workers' compensation benefits; the public employees 16,226
retirement board; the governing entity of any municipal 16,227
retirement system; the board of trustees of the Ohio police and 16,229
fire pension fund; the state teachers retirement board; the 16,230
school employees retirement board; the state highway patrol 16,231
retirement board; a person paying or otherwise distributing an 16,232
obligor's income; the bureau of workers' compensation; or any 16,233
other person or entity, except the bureau DIRECTOR of employment 16,235
JOB AND FAMILY services with respect to unemployment compensation 16,238
benefits paid pursuant to Chapter 4141. of the Revised Code. 16,239
(9) "Income" means any form of monetary payment including 16,242
personal earnings; unemployment compensation benefits to the 16,243
extent permitted by, and in accordance with, section 2301.371 of 16,244
the Revised Code, division (D)(4) of section 4141.28 of the 16,246
Revised Code, and federal law governing the bureau DEPARTMENT of 16,247
employment JOB AND FAMILY services; workers' compensation 16,249
payments; pensions; annuities; allowances; retirement benefits; 16,251
disability or sick pay; insurance proceeds; lottery prize awards; 16,252
federal, state, or local government benefits to the extent that 16,253
the benefits can be withheld or deducted under the law governing 16,254
the benefits; any form of trust fund or endowment; lump-sum 16,255
payments; and any other monetary payments.
(B) A man who is presumed to be the natural father of a 16,258
child pursuant to section 3111.03 of the Revised Code assumes the 16,259
parental duty of support with respect to the child. 16,260
(C) Notwithstanding section 3109.01 of the Revised Code, a 16,262
363
parent's duty of support for a child shall continue beyond the 16,263
age of majority as long as the child continuously attends on a 16,264
full-time basis any recognized and accredited high school or a 16,266
court-issued child support order provides that the duty of
support continues beyond the age of majority. Except in cases in 16,267
which a child support order requires the duty of support to 16,268
continue for any period after the child reaches nineteen years of 16,269
age, the duty does not continue after the child reaches nineteen 16,270
years of age. The parental duty of support shall continue during 16,271
seasonal vacations. 16,272
A parent, guardian, or legal custodian of a child, the 16,274
person with whom the child resides, or the child support 16,275
enforcement agency of the county in which the child, parent, 16,276
guardian, or legal custodian of the child resides may file a 16,278
complaint pursuant to section 2151.231 of the Revised Code in the 16,279
juvenile court of that county requesting the court to order a 16,280
parent who neglects or does not assume the parental duty of 16,281
support to pay an amount for the support of the child and to 16,282
provide for the health care needs of the child, may contact a 16,284
child support enforcement agency for assistance in obtaining the 16,285
order, or may request an administrative officer of a child 16,286
support enforcement agency to issue an administrative order for 16,287
the payment of child support and providing for the health care 16,288
needs of the child pursuant to division (D) of this section. 16,289
Upon the filing of the complaint or the making of the request, 16,290
the court shall issue an order requiring the payment of support 16,291
for the child and providing for the health care needs of the 16,292
child, pursuant to section 2151.231 of the Revised Code, or the 16,293
administrative officer, pursuant to division (D) of this section, 16,294
shall issue an order requiring the payment of support for the 16,295
child and providing for the health care needs of the child. 16,296
A party to a request made under this division may raise the 16,298
issue of the existence or nonexistence of a parent-child 16,299
relationship between the presumed natural father and the child 16,300
364
unless the presumption is based on acknowledgment of paternity 16,301
that has become final pursuant to section 2151.232, 3111.211, or 16,302
5101.314 of the Revised Code. If a request is made for an 16,303
administrative order providing for support and health care needs 16,305
pursuant to division (D) of this section and the issue of the 16,307
existence or nonexistence of a parent-child relationship is
raised, the administrative officer shall treat the request as a 16,308
request made pursuant to section 3111.22 of the Revised Code and 16,309
determine the issue pursuant to that section. An administrative 16,310
order issued pursuant to division (D) of this section does not 16,312
preclude a party from requesting a determination of the issue of 16,313
the existence or nonexistence of a parent-child relationship 16,314
pursuant to this chapter if the issue was not determined with 16,316
respect to the party in the proceedings conducted pursuant to 16,317
division (D) of this section or pursuant to an acknowledgment of 16,318
paternity that has become final under section 2151.232, 3111.211, 16,319
or 5101.314 of the Revised Code. An order issued pursuant to 16,321
division (D) of this section shall remain effective until a final 16,322
and enforceable determination is made pursuant to this chapter 16,323
that a parent-child relationship does not exist between the 16,324
presumed natural father and the child or until the occurrence of 16,325
an event described in division (E)(4)(a) of section 3111.23 of 16,326
the Revised Code that requires the order to be terminated. 16,327
(D) If a request is made pursuant to division (C) of this 16,329
section or division (A) of section 3111.211 of the Revised Code 16,330
for an administrative order requiring the payment of child 16,332
support and providing for the health care needs of the child, the
administrative officer shall schedule an administrative hearing 16,334
to determine, in accordance with sections 3111.23 to 3111.29 and 16,335
3113.215 of the Revised Code, the amount of child support either 16,336
parent is required to pay, the method of paying that child 16,338
support, and the method of providing for the child's health care. 16,339
The hearing shall be held not later than sixty days after the 16,340
request is made pursuant to division (A) of this section or 16,342
365
division (A) of section 3111.211 of the Revised Code nor earlier 16,343
than thirty days after the officer gives the mother and father of 16,344
the child notice of the action. When an administrative officer 16,345
issues an administrative order for the payment of support and 16,346
provision for the child's health care, all of the following 16,347
apply:
(1) The administrative support order shall require 16,350
periodic payments of support that may vary in amount, except 16,352
that, if it is in the best interest of the child, the 16,353
administrative officer may order a lump sum payment or the 16,354
purchase of an annuity in lieu of periodic payments of support. 16,355
(2) The administrative support order shall require the 16,357
parents to provide for the health care needs of the child in 16,358
accordance with section 3111.241 of the Revised Code. 16,359
The administrative support order shall include a notice 16,361
stating that the mother or the father may object to the 16,363
administrative order by bringing an action for the payment of 16,364
support and provision for the child's health care under section 16,365
2151.321 of the Revised Code in the juvenile court of the county 16,366
in which the child or the guardian or legal custodian of the 16,367
child resides, that the action may be brought no later than 16,368
thirty days after the date of the issuance of the administrative 16,369
support order, and that, if neither the mother nor the father 16,370
brings an action for the payment of support and provision for the 16,371
child's health care within that thirty-day period, the 16,373
administrative support order is final and enforceable by a court 16,374
and may be modified and enforced only as provided in sections 16,375
3111.20 to 3111.28 and 3113.21 to 3113.219 of the Revised Code. 16,377
Sec. 3111.21. If the natural mother and alleged father of 16,386
a child sign an acknowledgment of paternity affidavit prepared 16,387
pursuant to section 5101.324 of the Revised Code with respect to 16,390
that child at a child support enforcement agency, the agency 16,391
shall provide a notary public to notarize the acknowledgment. 16,392
The agency shall send a signed and notarized acknowledgment of 16,394
366
paternity to the division of child support in the department of 16,395
human JOB AND FAMILY services pursuant to section 5101.314 of the 16,396
Revised Code. The agency shall send the acknowledgment no later 16,398
than ten days after it has been signed and notarized. If the 16,399
agency knows a man is presumed under section 3111.03 of the 16,400
Revised Code to be the father of the child, the agency shall not 16,401
notarize or send an acknowledgment with respect to the child 16,402
pursuant to this section. 16,403
Sec. 3111.211. (A) If an acknowledgment has been filed 16,412
and entered into the birth registry pursuant to section 5101.314 16,413
of the Revised Code but has not yet become final, either of the 16,415
persons who signed the acknowledgment may request that an 16,416
administrative officer of a child support enforcement agency 16,417
issue an administrative order pursuant to division (B) of this 16,418
section for payment of child support and providing for the health 16,419
care needs of the child.
A party to a request made under this section may raise the 16,421
issue of the existence or nonexistence of a parent and child 16,422
relationship. If a request is made pursuant to this section and 16,423
the issue of the existence or nonexistence of a parent and child 16,424
relationship is raised, the administrative officer shall treat 16,425
the request as a request made pursuant to section 3111.22 of the 16,426
Revised Code and determine the issue in accordance with that 16,428
section. The administrative officer shall promptly notify the 16,429
division of child support in the department of human JOB AND 16,430
FAMILY services that proceedings are being conducted in
compliance with section 3111.22 of the Revised Code. On receipt 16,432
of the notice by the division, the acknowledgment of paternity 16,433
signed by the parties and filed pursuant to section 5101.314 of 16,434
the Revised Code shall be considered rescinded. 16,435
If the parties do not raise the issue of the existence or 16,437
nonexistence of a parent and child relationship pursuant to the 16,438
request made under this section and an administrative order is 16,440
issued pursuant to division (B) of this section prior to the date 16,441
367
the acknowledgment filed and entered on the birth registry under 16,442
section 5101.314 of the Revised Code becomes final, the 16,444
acknowledgment shall be considered final as of the date of the 16,445
issuance of the order. An administrative order issued pursuant 16,446
to division (B) of this section shall not affect an 16,447
acknowledgment that becomes final pursuant to section 5101.314 of 16,448
the Revised Code prior to the issuance of the order. 16,450
(B) If a request is made pursuant to division (A) of this 16,453
section for an administrative order requiring the payment of 16,454
child support and providing for the health care needs of the 16,455
child, the administrative officer shall comply with the 16,456
requirements of division (D) of section 3111.20 of the Revised 16,457
Code and shall issue a support order in accordance with that 16,459
division.
Sec. 3111.22. (A)(1) Except as otherwise provided in 16,468
division (A)(2) of this section, no person may bring an action 16,469
under sections 3111.01 to 3111.19 of the Revised Code before 16,470
requesting an administrative determination of the existence or 16,471
nonexistence of a parent and child relationship from the child 16,472
support enforcement agency of the county in which the child or 16,473
the guardian or legal custodian of the child resides. 16,474
(2) If the alleged father of a child is deceased and 16,476
proceedings for the probate of the estate of the alleged father 16,477
have been or can be commenced, the court with jurisdiction over 16,478
the probate proceedings shall retain jurisdiction to determine 16,479
the existence or nonexistence of a parent and child relationship 16,480
between the alleged father and any child without an 16,481
administrative determination being requested from a child support 16,482
enforcement agency. If an action for divorce, dissolution of 16,483
marriage, or legal separation, or an action under section 16,484
2151.231 of the Revised Code requesting an order requiring the 16,485
payment of child support and provision for the health care of a 16,486
child, has been filed in a court of common pleas and a question 16,488
as to the existence or nonexistence of a parent and child 16,489
368
relationship arises, the court in which the original action was 16,490
filed shall retain jurisdiction to determine the existence or 16,491
nonexistence of the parent and child relationship without an 16,492
administrative determination being requested from a child support 16,493
enforcement agency. If a juvenile court issues a support order 16,494
under section 2151.231 of the Revised Code relying on a 16,495
presumption under section 3111.03 of the Revised Code, the 16,496
juvenile court that issued the support order shall retain 16,498
jurisdiction if a question as to the existence of a parent and 16,499
child relationship arises.
(B) Except as provided in division (A)(2) of this section, 16,501
before a person brings an action pursuant to sections 3111.01 to 16,502
3111.19 of the Revised Code to determine the existence or 16,503
nonexistence of a parent and child relationship, the person shall 16,505
request the child support enforcement agency of the county in 16,506
which the child or the guardian or legal custodian of the child 16,507
resides to determine the existence or nonexistence of a parent 16,508
and child relationship between the alleged father and the child. 16,509
If more than one agency receives a request pursuant to this 16,510
section, the agency that receives the request first shall proceed 16,511
with the request. The request shall contain all of the following 16,512
information: 16,513
(1) The name, birthdate, and current address of the 16,515
alleged father of the child; 16,516
(2) The name, social security number, and current address 16,518
of the mother of the child; 16,519
(3) The name and last known address of the alleged father 16,521
of the child; 16,522
(4) The name and birthdate of the child. 16,524
(C)(1) Upon receiving a request for a determination of the 16,526
existence or nonexistence of a parent and child relationship in 16,527
accordance with division (B) of this section, the agency shall 16,528
assign an administrative officer to consider the request. The 16,530
administrative officer may schedule a conference with the mother 16,531
369
and the alleged father to provide information and the opportunity 16,532
to sign an acknowledgment of paternity affidavit prepared 16,533
pursuant to section 5101.324 of the Revised Code. If the mother 16,535
and alleged father do not sign the affidavit at a conference held 16,536
by the administrative officer, the administrative officer shall 16,538
issue an order requiring the child, the mother, and the alleged 16,539
father to submit to genetic testing. In the order, the agency 16,540
shall schedule the genetic tests for the mother, alleged father, 16,541
and child on a date that is no later than forty-five days after 16,542
the date of assignment of the administrative officer and shall 16,543
require the tests to be conducted in accordance with the rules 16,544
adopted by the department DIRECTOR of human JOB AND FAMILY 16,545
services pursuant to section 2301.35 of the Revised Code. 16,547
The agency shall attach a notice to the order and send both 16,550
in accordance with the Rules of Civil Procedure to the mother and 16,552
the alleged father. The notice shall state all of the following: 16,554
(a) That the agency has been requested to determine the 16,556
existence of a parent and child relationship between a child and 16,557
the alleged named father; 16,558
(b) The name and birthdate of the child of which the man 16,560
is alleged to be the natural father; 16,561
(c) The name of the mother and the alleged natural father; 16,563
(d) The rights and responsibilities of a parent; 16,565
(e) That the child, the mother, and the alleged father 16,568
must submit to genetic testing at the date, time, and place 16,569
determined by the agency in the order issued pursuant to division 16,570
(C)(1) of this section; 16,571
(f) The administrative procedure for determining the 16,574
existence of a parent and child relationship; 16,575
(g) That if the alleged father or natural mother willfully 16,577
fails to submit to genetic testing, or the alleged father, 16,578
natural mother, or the custodian of the child willfully fails to 16,579
submit the child to genetic testing, the agency shall issue an 16,580
order that it is inconclusive whether the alleged father is the 16,581
370
child's natural father; 16,582
(h) That if the alleged father or natural mother willfully 16,585
fails to submit to genetic testing, or the alleged father, 16,586
natural mother, or custodian of the child willfully fails to 16,587
submit the child to genetic testing, they may be found in 16,588
contempt of court.
(2) The genetic testing shall be conducted by a qualified 16,591
examiner authorized by the department of human JOB AND FAMILY 16,592
services. On completion of the genetic tests, the examiner shall 16,593
send a complete report of the test results to the agency. The 16,594
administrative officer shall do one of the following: 16,595
(a) If the results of the genetic testing show a 16,597
ninety-nine per cent or greater probability that the alleged 16,599
father is the natural father of the child, the administrative 16,600
officer of the agency shall issue an administrative order that 16,601
the alleged father is the father of the child who is the subject 16,602
of the proceeding. 16,603
(b) If the results of genetic testing show less than a 16,605
ninety-nine per cent probability that the alleged father is the 16,607
natural father of the child but do not exclude the alleged father 16,608
from being the natural father of the child, the administrative 16,609
officer shall issue an administrative order stating that it is 16,610
inconclusive whether the alleged father is the natural father of 16,611
the child. 16,612
(c) If the results of the genetic testing exclude the 16,614
alleged father from being the natural father of the child, the 16,615
administrative officer shall issue an administrative order that 16,616
the alleged father is not the father of the child who is the 16,617
subject of the proceeding. 16,618
An administrative officer shall include with any order the 16,621
officer issues pursuant to division (C)(2)(a) or (c) of this 16,623
section a notice that contains the information described in
division (D) of this section informing the mother, father, and 16,624
the guardian or legal custodian of the child of the right to 16,625
371
object to the order. 16,626
(D) When an administrative officer issues an 16,628
administrative order determining the existence or nonexistence of 16,629
a parent and child relationship pursuant to division (C)(2)(a) or 16,631
(c) of this section, the mother, alleged father, and the guardian 16,634
or legal custodian of the child may object to the determination 16,635
by bringing, within thirty days after the date the administrative 16,636
officer issued the order, an action under sections 3111.01 to 16,637
3111.19 of the Revised Code in the juvenile court in the county 16,638
in which the agency that employs the administrative officer is 16,639
located. If the mother, alleged father, or guardian or legal 16,640
custodian does not bring an action within that thirty-day period, 16,641
the administrative order is final and enforceable by a court and 16,642
may not be challenged in an action or proceeding under Chapter 16,643
3111. of the Revised Code.
(E)(1) If an administrative officer issues an 16,645
administrative order determining the existence of a parent and 16,647
child relationship between the alleged father and the child 16,648
pursuant to division (C)(2)(a) of this section, the 16,649
administrative officer shall schedule an administrative hearing 16,650
to determine, in accordance with sections 3111.23 to 3111.29 and 16,652
3113.215 of the Revised Code, the amount of child support any
parent is required to pay, the method of payment of child 16,653
support, and the method of providing for the child's health care. 16,655
The hearing shall be held no later than sixty days after the date 16,656
of the issuance of the order and no earlier than thirty days 16,657
after the date the administrative officer gives the mother and 16,658
the father notice of the administrative hearing. When an
administrative officer issues an administrative order for the 16,660
payment of support and provision for the child's health care, all 16,661
of the following apply:
(a) The administrative support order shall require 16,663
periodic payments of support that may vary in amount, except 16,664
that, if it is in the best interest of the child, the 16,665
372
administrative officer may order a lump-sum payment or the 16,666
purchase of an annuity in lieu of periodic payments of support. 16,668
(b) The administrative support order shall require the 16,671
parents to provide for the health care needs of the child in
accordance with section 3111.241 of the Revised Code. 16,674
(c) The administrative support order shall include a 16,677
notice informing the mother, father, and the legal guardian or
custodian of the child of the right to object to the order and 16,679
containing the information described in division (E)(2) of this 16,680
section. 16,681
(2) The mother, father, or the legal guardian or custodian 16,684
of the child may object to the administrative order by bringing 16,685
an action for the payment of support and provision for the 16,686
child's health care under section 2151.231 of the Revised Code in 16,687
the juvenile court of the county in which the agency that employs 16,688
the administrative officer is located. The action shall be 16,689
brought no later than thirty days after the date of the issuance 16,690
of the administrative support order. If neither the mother nor 16,691
the father brings an action for the payment of support and 16,693
provision for the child's health care within that thirty-day 16,694
period, the administrative support order is final and enforceable 16,696
by a court and may be modified and enforced only as provided in 16,697
sections 3111.20 to 3111.28 and 3113.21 to 3113.219 of the 16,698
Revised Code.
(F) If the alleged natural father or the natural mother 16,701
willfully fails to submit to genetic testing or if either parent
or any other person who is the custodian of the child willfully 16,702
fails to submit the child to genetic testing, the agency shall 16,703
enter an administrative order stating that it is inconclusive as 16,704
to whether the alleged natural father is the natural father of 16,705
the child and shall provide a notice to the parties informing 16,706
them that an action may be brought under sections 3111.01 to 16,708
3111.19 of the Revised Code to establish a parent and child 16,709
relationship.
373
(G) Unless the agency has reason to believe that a person 16,711
named in the order is a potential victim of domestic violence, 16,712
any order issued pursuant to this section finding the existence 16,714
of a parent and child relationship shall contain the full names, 16,715
addresses, and social security numbers of the mother and father 16,716
of the child and the full name and address of the child. The 16,717
agency, as part of an order determining the existence of a parent 16,718
and child relationship issued pursuant to this section, may order 16,719
the surname of the child subject to the determination to be 16,720
changed and order the change to be made on the child's birth 16,721
record consistent with the order if the parties agree to the 16,723
change.
(H) An administrative support order issued pursuant to 16,726
section 3111.21 of the Revised Code prior to the effective date 16,729
of this amendment JANUARY 1, 1998, that is in effect on the 16,730
effective date of this amendment JANUARY 1, 1998, shall remain in 16,732
effect on and after the effective date of the amendment JANUARY 16,733
1, 1998, and shall be considered an administrative support order 16,736
issued pursuant to this section for all purposes.
(I) As used in this section, "birth record" has the same 16,738
meaning as in section 3705.01 of the Revised Code. 16,739
Sec. 3111.23. (A)(1) If an administrative officer of a 16,748
child support enforcement agency issues an administrative support 16,749
order under section 3111.20, 3111.211, or 3111.22 of the Revised 16,752
Code, the agency shall require the withholding or deduction of an 16,753
amount of the income or assets of the obligor in accordance with 16,754
division (B) of this section or require the issuance of an order 16,755
in accordance with section 3111.231 of the Revised Code to ensure 16,756
that withholding or deduction from the income or assets of the 16,758
obligor is available from the commencement of the administrative
support order for the collection of the support and any 16,759
arrearages that occur. The agency shall determine the specific 16,760
withholding or deduction requirements or other requirement 16,761
applicable to the obligor under the administrative support order 16,762
374
in accordance with division (B) of this section and section 16,763
3111.231 of the Revised Code and shall include the specific 16,764
requirements in the notices described in divisions (A)(2) and (B) 16,765
of this section or in an order described under section 3111.231 16,766
of the Revised Code. Any person required to comply with the 16,767
withholding or deduction requirements shall determine the manner 16,768
of withholding or deducting an amount of the income or assets of 16,770
the obligor in accordance with the specific requirements included
in the notices described in those divisions without the need for 16,771
any amendment to the administrative support order. Any person 16,772
required to comply with an order described in section 3111.231 of 16,773
the Revised Code shall comply without the need for any amendment 16,774
to the administrative order. The agency shall include in an 16,775
administrative support order under section 3111.20, 3111.211, or 16,776
3111.22 of the Revised Code a general provision that states the 16,777
following:
"All child support ordered by this administrative support 16,779
order shall be withheld or deducted from the income or assets of 16,781
the obligor pursuant to a withholding or deduction notice issued 16,783
in accordance with section 3111.23 of the Revised Code or a 16,784
withdrawal directive issued pursuant to section 3113.214 of the 16,785
Revised Code and shall be forwarded to the obligee in accordance
with sections 3111.23 to 3111.28 of the Revised Code." 16,787
(2) In any action in which support is ordered or modified 16,789
under an administrative support order as described in division 16,790
(A)(1) of this section, the child support enforcement agency 16,791
shall determine in accordance with division (B) of this section 16,792
or section 3111.231 of the Revised Code the types of withholding 16,793
or deduction requirements or other requirements that should be 16,794
imposed relative to the obligor under the administrative support 16,795
order to collect the support due under the order. Within fifteen 16,796
days after the obligor under the administrative support order is 16,797
located subsequent to the issuance of the administrative support 16,798
order or within fifteen days after the default under the 16,799
375
administrative support order, whichever is applicable, the agency 16,800
shall send a notice by regular mail to each person required to 16,801
comply with a withholding or deduction requirement. The notice 16,802
shall specify the withholding or deduction requirement and shall 16,803
contain all of the information set forth in division (B)(1) or 16,805
(2)(b) of this section that is applicable to the requirement. 16,806
The notices, plus the notices provided by the child support 16,807
enforcement agency that require the obligor to notify the agency 16,808
of any change in the obligor's employment status or of any other 16,809
change in the status of the obligor's assets, are final and are 16,810
enforceable by the court. The agency shall provide the notice to 16,811
the obligor in accordance with division (B)(1)(c) or (2)(c) of 16,812
this section, whichever is applicable, and shall include with 16,814
that notice the additional notices described in the particular 16,815
division that is applicable.
(3)(a) If support is ordered or modified on or after 16,817
December 31, 1993, under an administrative support order issued 16,818
under former section 3111.21 or section 3111.20, 3111.211, or 16,820
3111.22 of the Revised Code, if the child support enforcement 16,821
agency has determined in accordance with division (A)(2) of this 16,822
section the types of withholding or deduction requirements or 16,823
other requirements that should be imposed relative to the obligor 16,825
under the support order to collect the support due under the 16,826
order, if the agency has sent the appropriate withholding or
deduction notices or issued and sent an order under section 16,827
3111.231 of the Revised Code to the persons required to comply 16,828
with the withholding or deduction requirements or order that the 16,829
agency determined should be imposed, and if the agency is 16,830
notified or otherwise determines that the employment status or 16,831
other circumstances of the obligor have changed, the agency shall 16,832
conduct an investigation to determine whether it is more 16,833
appropriate to impose another type of or an additional 16,834
withholding or deduction requirement or order regarding the
administrative support order and shall issue and send by regular 16,835
376
mail one or more notices described in division (B) of this 16,836
section or an order pursuant to section 3111.231 of the Revised 16,837
Code that it determines are appropriate. The agency shall 16,838
immediately cancel any previously issued notice or order that no 16,840
longer is appropriate and send written notice of the cancellation
by regular mail to the person required to comply with the 16,841
previously issued notice or order. The notices shall be sent 16,843
within fifteen days after the obligor under the administrative 16,844
support order is located or within fifteen days after the default 16,845
under the administrative support order, whichever is applicable. 16,846
The notices shall specify the withholding or deduction 16,847
requirement and shall contain all of the information set forth in 16,848
division (B)(1)(b) or (2)(b) of this section that is applicable. 16,849
The agency shall provide the notices to the obligor in accordance 16,850
with division (B)(1)(c) or (2)(c) of this section, whichever is 16,852
applicable, and shall include with that notice the additional 16,853
notices described in the particular division that are applicable. 16,854
The notices are final and are enforceable by the court. 16,855
(b) All support orders issued prior to December 31, 1993, 16,858
under former section 3111.21 or section 3111.20 or 3111.22 of the 16,859
Revised Code that have not been modified or found in default on 16,860
or after that date shall be considered to contain the general 16,862
provision described in division (A)(1) of this section and shall 16,863
be enforced and modified in the same manner as an order for
support issued on or after December 31, 1993. 16,864
(4) If, pursuant to division (A)(2) or (A)(3)(a) of this 16,866
section, a person is sent a withholding or deduction notice 16,868
described in division (B) of this section or an order issued
under section 3111.231 of the Revised Code and the person fails 16,870
to comply with the notice or order, the child support enforcement 16,871
agency, in accordance with section 3111.28 of the Revised Code, 16,872
shall request the court to find the person in contempt pursuant 16,873
to section 2705.02 of the Revised Code.
(5) The department of human JOB AND FAMILY services shall 16,875
377
adopt standard forms for the support withholding and deduction 16,877
notices prescribed by divisions (A)(1) to (3) and (B) of this 16,878
section. All child support enforcement agencies shall use the 16,879
forms in complying with this section. 16,880
(B) If a child support enforcement agency is required by 16,882
division (A) of this section to issue one or more withholding or 16,883
deduction notices described in this division, the agency shall 16,884
issue one or more of the following types of notices to pay the 16,885
support required under the administrative support order in 16,886
question and to pay any arrearages: 16,887
(1)(a) If the child support enforcement agency determines 16,889
that the obligor is receiving income from a payor, the agency 16,891
shall require the payor to withhold from the obligor's income a 16,892
specified amount for support in satisfaction of the 16,893
administrative support order, to begin the withholding no later 16,894
than fourteen working days following the date the notice was 16,897
mailed to the payor under divisions (A)(2) or (3) and (B)(1)(b) 16,898
of this section or, if the payor is an employer, no later than 16,899
the first pay period that occurs after fourteen working days 16,901
following the date the notice was mailed, to send the amount 16,902
withheld to the division of child support in the department of 16,903
human JOB AND FAMILY services pursuant to section 5101.325 of the 16,904
Revised Code, to send that amount to the division immediately but 16,906
not later than seven working days after the date the obligor is 16,908
paid, and to continue the withholding at intervals specified in 16,909
the notice until further notice from the child support 16,910
enforcement agency. To the extent possible, the amount specified 16,912
in the notice to be withheld shall satisfy the amount ordered for 16,913
support in the administrative support order plus any arrearages 16,914
that may be owed by the obligor under any prior court or 16,915
administrative support order that pertained to the same child or 16,916
spouse, notwithstanding any applicable limitations of sections 16,918
2329.66, 2329.70, 2716.02, 2716.041, and 2716.05 of the Revised 16,919
Code. However, in no case shall the sum of the amount specified 16,920
378
in the notice to be withheld and any fee withheld by the payor as 16,922
a charge for its services exceed the maximum amount permitted
under section 303(b) of the "Consumer Credit Protection Act," 15 16,923
U.S.C. 1673(b). 16,924
(b) If the agency imposes a withholding requirement under 16,926
division (B)(1)(a) of this section, the agency, within the 16,927
applicable period of time specified in division (A) of this 16,928
section, shall send to the payor by regular mail a notice that 16,931
contains all of the information set forth in divisions 16,932
(B)(1)(b)(i) to (xi) of this section. The notice is final and is 16,933
enforceable by the court. The notice shall contain all of the 16,934
following:
(i) The amount to be withheld from the obligor's income 16,936
and a statement that the amount actually withheld for support and 16,937
other purposes, including the fee described in division 16,938
(B)(1)(b)(xi) of this section, shall not be in excess of the 16,939
maximum amounts permitted under section 303(b) of the "Consumer 16,940
Credit Protection Act," 15 U.S.C. 1673(b); 16,941
(ii) A statement that the payor is required to send the 16,944
amount withheld to the division of child support immediately, but 16,945
not later than seven working days, after the obligor is paid and 16,947
is required to report to the agency the date on which the amount 16,949
was withheld from the obligor's income; 16,950
(iii) A statement that the withholding is binding upon the 16,952
payor until further notice from the agency; 16,953
(iv) A statement that if the payor is an employer, the 16,956
payor is subject to a fine to be determined under the law of this 16,957
state for discharging the obligor from employment, refusing to 16,958
employ the obligor, or taking any disciplinary action against the 16,959
obligor because of the withholding requirement; 16,960
(v) A statement that, if the payor fails to withhold 16,962
income in accordance with the provisions of the notice, the payor 16,965
is liable for the accumulated amount the payor should have 16,966
withheld from the obligor's income; 16,967
379
(vi) A statement that the withholding in accordance with 16,969
the notice and under the provisions of this section has priority 16,970
over any other legal process under the law of this state against 16,971
the same income; 16,972
(vii) The date on which the notice was mailed and a 16,974
statement that the payor is required to implement the withholding 16,976
no later than fourteen working days following the date the notice 16,977
was mailed or, if the payor is an employer, no later than the 16,978
first pay period that occurs after fourteen working days 16,980
following the date the notice was mailed and is required to 16,981
continue the withholding at the intervals specified in the 16,982
notice;
(viii) A requirement that the payor promptly notify the 16,985
child support enforcement agency, in writing, within ten working 16,986
days after the date of any situation that occurs, including, 16,987
termination of employment, layoff of the obligor, any leave of 16,988
absence of the obligor without pay, termination of workers' 16,989
compensation benefits, or termination of any pension, annuity, 16,990
allowance, or retirement benefit in which the payor ceases to pay 16,991
income in an amount sufficient to comply with the administrative 16,993
order to the obligor and provide the agency with the obligor's 16,994
last known address;
(ix) A requirement that, if the payor is an employer, the 16,997
payor identify in the notification given under division 16,998
(B)(1)(b)(viii) of this section any types of benefits other than 16,999
personal earnings that the obligor is receiving or is eligible to 17,000
receive as a benefit of employment or as a result of the 17,001
obligor's termination of employment, including, but not limited 17,002
to, unemployment compensation, workers' compensation benefits, 17,003
severance pay, sick leave, lump sum payments of retirement 17,004
benefits or contributions, and bonuses or profit-sharing payments 17,005
or distributions, and the amount of such benefits, and include in 17,006
the notification the obligor's last known address and telephone 17,007
number, date of birth, social security number, and case number 17,008
380
and, if known, the name and business address of any new employer 17,009
of the obligor;
(x) A requirement that, no later than the earlier of 17,011
forty-five days before the lump-sum payment is to be made or, if 17,012
the obligor's right to the lump-sum payment is determined less 17,013
than forty-five days before it is to be made, the date on which 17,014
that determination is made, the payor notify the child support 17,016
enforcement agency of any lump-sum payments of any kind of one 17,017
hundred fifty dollars or more that are to be paid to the obligor, 17,018
hold the lump-sum payments of one hundred fifty dollars or more 17,020
for thirty days after the date on which the lump-sum payments 17,021
otherwise would have been paid to the obligor, and, upon order of 17,023
the agency, pay any specified amount of the lump-sum payment to 17,024
the division of child support;
(xi) A statement that, in addition to the amount withheld 17,026
for support, the payor may withhold a fee from the obligor's 17,028
income as a charge for its services in complying with the notice 17,030
a specification of the amount that may be withheld.
(c) The agency shall send the notice described in division 17,032
(B)(1)(b) of this section to the obligor, and shall attach to the 17,033
notice an additional notice requiring the obligor immediately to 17,034
notify the child support enforcement agency, in writing, of any 17,035
change in employment, including self-employment, and of the 17,036
availability of any other sources of income that can be the 17,037
subject of any withholding or deduction requirement described in 17,038
division (B) of this section. The agency shall serve the notices 17,039
upon the obligor at the same time as service of the 17,040
administrative support order or, if the administrative support 17,041
order previously has been issued, shall send the notices to the 17,042
obligor by regular mail at the obligor's last known address at 17,044
the same time that it sends the notice described in division 17,045
(B)(1)(b) of this section to the payor. The notification 17,046
required of the obligor shall include a description of the nature 17,047
of any new employment or income source, the name, business 17,048
381
address, and telephone number of any new employer or income 17,049
source, and any other information reasonably required by the 17,051
agency. No obligor shall fail to give the notification as 17,052
required by division (B)(1)(c) of this section. 17,053
(2)(a) If the child support enforcement agency determines 17,055
that the obligor has funds on deposit in any account in a 17,056
financial institution under the jurisdiction of the court, the 17,057
agency may require any financial institution in which the 17,058
obligor's funds are on deposit to deduct from the obligor's 17,059
account a specified amount for support in satisfaction of the 17,060
administrative support order, to begin the deduction no later 17,061
than fourteen working days following the date the notice was 17,062
mailed to the financial institution under divisions (A)(2) or (3) 17,063
and (B)(2)(b) of this section, to send the amount deducted to the 17,065
division of child support in the department of human JOB AND
FAMILY services pursuant to section 5101.325 of the Revised Code, 17,067
to send that amount to the division immediately but not later 17,068
than seven working days after the date the latest deduction was 17,069
made, to provide the date on which the amount was deducted, and 17,072
to continue the deduction at intervals specified in the notice 17,073
until further notice from the agency. To the extent possible, 17,074
the amount specified in the notice to be deducted shall satisfy 17,075
the amount ordered for support in the administrative support 17,076
order plus any arrearages that may be owed by the obligor under 17,077
any prior court or administrative support order that pertained to 17,078
the same child or spouse, notwithstanding the limitations of 17,079
sections 2329.66, 2329.70, and 2716.13 of the Revised Code. 17,080
(b) If the agency imposes a deduction requirement under 17,082
division (B)(2)(a) of this section, it, within the applicable 17,084
period of time specified in division (A) of this section, shall 17,085
send to the financial institution by regular mail a notice that 17,086
contains all of the information set forth in divisions 17,087
(B)(2)(b)(i) to (viii) of this section. The notice is final and 17,089
is enforceable by the court. The notice shall contain all of the 17,090
382
following: 17,091
(i) The amount to be deducted from the obligor's account; 17,093
(ii) A statement that the financial institution is 17,095
required to send the amount deducted to the division of child 17,096
support immediately, but not later than seven working days, after 17,098
the date the last deduction was made and is required to report to 17,100
the agency the date on which the amount was deducted from the 17,101
obligor's account;
(iii) A statement that the deduction is binding upon the 17,103
financial institution until further notice from the court or 17,104
agency; 17,105
(iv) A statement that the withholding in accordance with 17,107
the notice and under the provisions of this section has priority 17,108
over any other legal process under the law of this state against 17,109
the same account; 17,110
(v) The date on which the notice was mailed and a 17,112
statement that the financial institution is required to implement 17,113
the deduction no later than fourteen working days following the 17,114
date the notice was mailed and is required to continue the 17,115
deduction at the intervals specified in the notice; 17,116
(vi) A requirement that the financial institution promptly 17,118
notify the child support enforcement agency, in writing, within 17,119
ten days after the date of any termination of the account from 17,120
which the deduction is being made and notify the agency, in 17,121
writing, of the opening of a new account at that financial 17,122
institution, the account number of the new account, the name of 17,123
any other known financial institutions in which the obligor has 17,124
any accounts, and the numbers of those accounts; 17,125
(vii) A requirement that the financial institution include 17,127
in all notices the obligor's last known mailing address, last 17,128
known residence address, and social security number; 17,129
(viii) A statement that, in addition to the amount 17,131
deducted for support, the financial institution may deduct a fee 17,132
from the obligor's account as a charge for its services in 17,133
383
complying with the administrative order and a specification of 17,134
the amount that may be deducted. 17,135
(c) The agency shall send the notice described in division 17,137
(B)(2)(b) of this section to the obligor and shall attach to the 17,139
notice an additional notice requiring the obligor immediately to
notify the child support enforcement agency, in writing, of any 17,140
change in the status of the account from which the amount of 17,141
support is being deducted or the opening of a new account with 17,142
any financial institution, of the commencement of employment, 17,143
including self-employment, or of the availability of any other 17,144
sources of income that can be the subject of any withholding or 17,145
deduction requirement described in division (B) of this section. 17,146
The agency shall serve the notices upon the obligor at the same 17,147
time as service of the administrative support order or, if the 17,148
support order previously has been issued, shall send the notices 17,149
to the obligor by regular mail at the obligor's last known 17,150
address at the same time that it sends the notice described in 17,152
division (B)(2)(b) of this section to the obligor. The 17,153
additional notice also shall notify the obligor that upon 17,155
commencement of employment, the obligor may request the agency to 17,156
cancel its financial institution account deduction notice and 17,157
instead issue a notice requiring the withholding of an amount 17,158
from the obligor's personal earnings for support in accordance 17,159
with division (B)(1) of this section and that upon commencement 17,160
of employment the agency may cancel its financial institution 17,161
account deduction notice and instead will issue a notice 17,162
requiring the withholding of an amount from the obligor's 17,163
personal earnings for support in accordance with division (B)(1) 17,164
of this section. The notification required of the obligor shall 17,165
include a description of the nature of any new accounts opened at 17,166
a financial institution located in the county in which the agency 17,167
is located, the name and business address of that financial 17,168
institution, a description of the nature of any new employment or 17,169
income source, the name, business address, and telephone number 17,171
384
of any new employer or income source, and any other information 17,172
reasonably required by the agency. 17,174
(C) If an agency issues or modifies an administrative 17,176
support order under section 3111.20, 3111.211, or 3111.22 of the 17,179
Revised Code and issues one or more notices described in division
(B) of this section, the agency to the extent possible shall 17,180
issue a sufficient number of notices under division (B) of this 17,181
section to provide that the aggregate amount withheld or deducted 17,182
under those notices satisfies the amount ordered for support in 17,183
the administrative support order plus any arrearages that may be 17,184
owed by the obligor under any prior court or administrative 17,185
support order that pertained to the same child or spouse, 17,186
notwithstanding any applicable limitations of sections 2329.66, 17,187
2329.70, 2716.02, 2716.041, 2716.05, 2716.13, and 4123.67 of the 17,189
Revised Code. However, in no case shall the aggregate amount 17,190
withheld pursuant to a withholding notice issued under division 17,191
(B)(1) of this section and any fees withheld pursuant to the 17,192
notice as a charge for services exceed the maximum amount 17,193
permitted under section 303(b) of the "Consumer Credit Protection 17,194
Act," 15 U.S.C. 1673(b). 17,195
(D) When two or more withholding notices that are 17,198
described in division (B)(1) of this section are received by a 17,199
payor, the payor shall comply with all of the requirements 17,201
contained in the notices to the extent that the total amount 17,202
withheld from the obligor's income does not exceed the maximum 17,204
amount permitted under section 303(b) of the "Consumer Credit 17,205
Protection Act," 15 U.S.C. 1673(b), withhold amounts in 17,206
accordance with the allocation set forth in divisions (D)(1) and 17,207
(2) of this section, notify each agency that issued one of the 17,208
notices of the allocation, and give priority to amounts 17,209
designated in each notice as current support in the following 17,210
manner:
(1) If the total of the amounts designated in the notices 17,212
as current support exceeds the amount available for withholding 17,213
385
under section 303(b) of the "Consumer Credit Protection Act," 15 17,214
U.S.C. 1673(b), the payor shall allocate to each notice an amount 17,215
for current support equal to the amount designated in that notice 17,217
as current support multiplied by a fraction in which the 17,218
numerator is the amount of income available for withholding and 17,219
the denominator is the total amount designated in all of the 17,220
notices as current support.
(2) If the total of the amounts designated in the notices 17,222
as current support does not exceed the amount available for 17,223
withholding under section 303(b) of the "Consumer Credit 17,224
Protection Act," the payor shall pay all of the amounts 17,227
designated as current support in the notices and shall allocate 17,228
to each notice an amount for past-due support equal to the amount 17,229
designated in that notice as past-due support multiplied by a 17,230
fraction in which the numerator is the amount of income remaining 17,231
available for withholding after the payment of current support 17,232
and the denominator is the total amount designated in all of the 17,233
notices orders as past-due support. 17,234
(E)(1) Except when a provision specifically authorizes or 17,236
requires service other than as described in this division, 17,237
service of any notice on any party, a financial institution, or a 17,239
payor, for purposes of division (A) or (B) of this section, shall 17,241
be made by ordinary first class mail directed to the addressee at 17,243
the addressee's last known address, or, in the case of a 17,244
corporation, at its usual place of doing business. A notice 17,245
shall be considered to have been served when it is mailed. 17,246
(2) Each party to an administrative support order shall 17,248
notify the child support enforcement agency of the party's 17,249
current mailing address, current residence address, current 17,251
residence telephone number, and current driver's license number, 17,252
at the time of the issuance or modification of the order and, 17,253
until further notice of the agency that issues the order, shall 17,254
notify the agency of any change in that information immediately 17,256
after the change occurs. No person shall fail to give the notice 17,257
386
as required by division (E)(2) of this section. 17,258
(3) Each administrative support order issued pursuant to 17,260
this section shall contain a notice that states the following in 17,261
boldfaced type and in all capital letters: 17,262
"EACH PARTY TO THIS SUPPORT ORDER MUST NOTIFY THE CHILD 17,265
SUPPORT ENFORCEMENT AGENCY IN WRITING OF HIS OR HER CURRENT 17,266
MAILING ADDRESS, CURRENT RESIDENCE ADDRESS, CURRENT RESIDENCE 17,267
TELEPHONE NUMBER, CURRENT DRIVER'S LICENSE NUMBER, AND OF ANY 17,268
CHANGES IN THAT INFORMATION. EACH PARTY MUST NOTIFY THE AGENCY 17,269
OF ALL CHANGES UNTIL FURTHER NOTICE FROM THE AGENCY. IF YOU ARE 17,270
THE OBLIGOR UNDER THE SUPPORT ORDER AND YOU FAIL TO MAKE THE 17,271
REQUIRED NOTIFICATIONS, YOU MAY BE FINED UP TO $50 FOR A FIRST 17,272
OFFENSE, $100 FOR A SECOND OFFENSE, AND $500 FOR EACH SUBSEQUENT 17,273
OFFENSE.
IF YOU ARE AN OBLIGOR AND YOU FAIL TO MAKE THE REQUIRED 17,275
NOTIFICATIONS, YOU MAY NOT RECEIVE NOTICE OF THE FOLLOWING 17,276
ENFORCEMENT ACTIONS AGAINST YOU: IMPOSITION OF LIENS AGAINST 17,277
YOUR PROPERTY; LOSS OF YOUR PROFESSIONAL OR OCCUPATIONAL LICENSE, 17,279
DRIVER'S LICENSE, AND RECREATIONAL LICENSE; WITHHOLDING FROM YOUR 17,280
INCOME; ACCESS RESTRICTION AND DEDUCTION FROM YOUR ACCOUNTS IN
FINANCIAL INSTITUTIONS; AND ANY OTHER ACTION PERMITTED BY LAW TO 17,282
OBTAIN MONEY FROM YOU TO SATISFY YOUR SUPPORT OBLIGATION." 17,284
(4)(a) The parent who is the residential parent and legal 17,286
custodian of a child for whom an administrative support order is 17,287
issued or the person who otherwise has custody of a child for 17,288
whom an administrative support order is issued immediately shall 17,289
notify, and the obligor under an administrative support order may 17,290
notify, the child support enforcement agency of any reason for 17,291
which an administrative support order should terminate, 17,292
including, but not limited to, the child's attainment of the age 17,293
of majority if the child no longer attends an accredited high 17,294
school on a full-time basis; the child ceasing to attend such a 17,296
high school on a full-time basis after attaining the age of 17,297
majority; or the death, marriage, emancipation, enlistment in the 17,300
387
armed services, deportation, or change of legal or physical 17,301
custody of the child. Upon receipt of a notice pursuant to this 17,302
division, the agency immediately shall conduct an investigation 17,305
to determine if any reason exists for which the administrative 17,306
support order should terminate. The agency may conduct such an 17,307
investigation regardless of whether a parent or person with
custody sends a notice that the order should terminate. If the 17,308
agency determines the order should terminate, it immediately 17,309
shall terminate the administrative support order. 17,312
(b) Upon receipt of a notice given pursuant to division 17,315
(E)(4)(a) of this section, the agency shall direct the division 17,317
of child support to impound any funds received for the child 17,318
pursuant to the administrative support order and the agency shall 17,319
set the case for an administrative hearing for a determination of 17,321
whether the administrative support order should be terminated or 17,322
modified or whether the agency should take any other appropriate 17,323
action.
(c) If the child support enforcement agency terminates an 17,325
administrative support order pursuant to divisions (E)(4)(a) and 17,327
(b) of this section, the termination of the support order also 17,328
terminates any withholding or deduction order as described in 17,329
division (B) of this section issued prior to December 31, 1993, 17,330
and any withholding or deduction notice as described in division 17,331
(B) of this section issued on or after December 31, 1993. Upon 17,332
the termination of any withholding or deduction order or notice, 17,333
the agency immediately shall notify each payor or financial 17,335
institution required to withhold or deduct a sum of money for the 17,338
payment of support under the terminated withholding or deduction 17,339
order or notice that the order or notice has been terminated and 17,340
that it is required to cease all withholding or deduction under 17,341
the order or notice. 17,342
(d) The department DIRECTOR of human JOB AND FAMILY 17,345
services shall adopt rules that provide for both of the 17,346
following:
388
(i) The payment to the appropriate person of any funds 17,348
that the division of child support has impounded under division 17,351
(E)(4)(b) of this section, consistent with the agency's 17,352
determination pursuant to divisions (E)(4)(a) and (b) of this 17,354
section;
(ii) The return to the appropriate person of any other 17,356
payments made pursuant to an administrative support order, if the 17,357
payments were made at any time after the administrative support 17,358
order has been terminated pursuant to divisions (E)(4)(a) and (b) 17,360
of this section.
(5) If any party to an administrative support order 17,362
requests a modification of the administrative support order, the 17,363
agency shall proceed as provided in section 3111.27 of the 17,364
Revised Code. If the obligor is in default under the 17,365
administrative support order, the agency shall proceed as 17,367
provided in division (B) of section 3113.21 of the Revised Code. 17,368
If any person otherwise files an action to enforce an
administrative support order, the agency shall proceed as 17,370
provided in sections 3111.20 to 3111.28 of the Revised Code. 17,371
(F)(1)(a) Upon receipt of a notice that a lump-sum payment 17,373
of one hundred fifty dollars or more is to be paid to the 17,375
obligor, the agency shall do either of the following: 17,376
(i) If the obligor is in default under the administrative 17,378
support order or has any unpaid arrearages under the 17,379
administrative support order, issue an administrative order 17,380
requiring the transmittal of the lump-sum payment to the division 17,381
of child support; 17,382
(ii) If the obligor is not in default under the 17,384
administrative support order and does not have any unpaid 17,385
arrearages under the support order, issue an administrative order 17,386
directing the person who gave the notice to the agency to 17,387
immediately pay the full amount of the lump-sum payment to the 17,388
obligor. 17,389
(b) Upon receipt of notice that a lump-sum payment of less 17,392
389
than one hundred fifty dollars is to be paid to the obligor, the 17,393
agency may take the action described in division (F)(1)(a) of 17,394
this section. 17,395
(2) Upon receipt of any moneys pursuant to division 17,397
(F)(1)(a) of this section, the division of child support shall 17,399
pay the amount of the lump-sum payment that is necessary to 17,400
discharge all of the obligor's arrearages to the obligee and,
within two business days after its receipt of the money, any 17,401
amount that is remaining after the payment of the arrearages to 17,402
the obligor. 17,403
(G)(1) Any administrative support order, or modification 17,405
of an administrative support order, that is subject to this 17,406
section shall contain the date of birth and social security 17,407
number of the obligor. 17,408
(2) No withholding or deduction notice described in 17,410
division (B) of this section shall contain any information other 17,411
than the information specifically required by division (B) or 17,412
(G)(3) of this section or by any other section of the Revised 17,413
Code and any additional information that the issuing agency 17,414
determines may be necessary to comply with the notice. 17,415
(3) Each withholding or deduction notice described in 17,417
division (B) of this section shall include notice of all of the 17,418
following: 17,419
(a) That the child support enforcement agency may bring an 17,421
action under section 3111.28 of the Revised Code requesting the 17,422
court to find the payor or financial institution in contempt 17,424
pursuant to section 2705.02 of the Revised Code if the payor or 17,425
financial institution fails to comply with the withholding or 17,427
deduction notice;
(b) That, if the payor or financial institution fails to 17,429
comply with the withholding or deduction notice, that failure to 17,432
comply is contempt pursuant to section 2705.02 of the Revised 17,433
Code.
(H) No withholding or deduction notice described in 17,435
390
division (B) of this section and issued under this section or any 17,436
other section of the Revised Code shall be terminated solely 17,437
because the obligor pays any part or all of the arrearages under 17,438
the administrative support order. 17,439
(I)(1) Except as provided in division (I)(2) of this 17,441
section, if child support arrearages are owed by an obligor to 17,443
the obligee and to the department of human JOB AND FAMILY 17,444
services, any payments received on the arrearages by the division 17,446
of child support first shall be paid to the obligee until the 17,447
arrearages owed to the obligee are paid in full. 17,449
(2) Division (I)(1) of this section does not apply to the 17,451
collection of past-due child support from refunds of paid federal 17,452
taxes pursuant to section 5101.32 of the Revised Code or of 17,453
overdue child support from refunds of paid state income taxes 17,454
pursuant to sections 5101.321 and 5747.121 of the Revised Code. 17,455
Sec. 3111.231. If a child support enforcement agency 17,464
otherwise required by division (A) of section 3111.23 of the 17,466
Revised Code to issue a withholding or deduction notice under 17,469
division (B) of that section is unable to issue the notice 17,471
because none of the conditions specified in division (B) of that 17,472
section for issuing the notice apply to the obligor, the agency 17,473
shall issue an administrative order requiring the obligor, if 17,474
able to engage in employment, to seek employment or participate 17,475
in a work activity to which a recipient of assistance under Title 17,477
IV-A of the "Social Security Act," 49 Stat. 620 (1935), 42 17,482
U.S.C.A. 301, as amended, may be assigned as specified in section 17,484
407(d) of the "Social Security Act," 42 U.S.C.A. 607(d), as 17,490
amended. The agency shall include in the order a requirement 17,491
that the obligor notify the agency on obtaining employment or 17,492
income, or ownership of any asset with a value of five hundred 17,493
dollars or more. The agency may issue the order regardless of 17,494
whether the obligee to whom the obligor owes support is a 17,495
recipient of assistance under Title IV-A of the "Social Security 17,499
Act." 17,500
391
If an obligor is ordered to participate in a work activity, 17,503
the child support enforcement agency shall oversee the obligor's 17,504
participation in accordance with rules the department DIRECTOR of 17,506
human JOB AND FAMILY services shall adopt in accordance with
Chapter 119. of the Revised Code. The agency may contract with 17,510
one or more persons or government entities to carry out some or 17,511
all of its oversight duties.
If an obligor fails to comply with an administrative order, 17,514
the agency shall submit a request to a court for the court to 17,515
take action under division (D)(4) of section 3113.21 of the 17,517
Revised Code. 17,518
Sec. 3111.24. (A)(1) For purposes of this section, a 17,527
withholding or deduction order that was issued prior to December 17,528
31, 1993, under division (A)(1), (2), (3), (4), or (5) of section 17,529
3111.23 of the Revised Code as the division existed prior to that 17,530
date and that has not been terminated on or after December 31, 17,531
1993, shall be considered to be a withholding or deduction notice 17,532
issued under divisions (A) and (B)(1) or (2) of section 3111.23 17,534
of the Revised Code.
(2) A payor required to withhold a specified amount from 17,537
the income of an employee pursuant to a withholding notice issued 17,538
under section 3111.23 of the Revised Code for purposes of support 17,539
also may deduct from the income of the person, in addition to the 17,540
amount withheld for purposes of support, a fee of two dollars or 17,542
an amount not to exceed one per cent of the amount withheld for 17,543
purposes of support, whichever is greater, as a charge for its 17,544
services in complying with the withholding requirement included 17,545
in the withholding notice. A financial institution required to 17,547
deduct funds from an account pursuant to a deduction notice 17,548
issued under divisions (A) and (B)(2) of section 3111.23 of the 17,549
Revised Code for purposes of support may deduct from the account 17,550
of the person, in addition to the amount deducted for purposes of 17,551
support, a fee of five dollars or an amount not to exceed the 17,552
lowest rate that it charges, if any, for a debit transaction in a 17,553
392
similar account, whichever is less, as a charge for its service 17,554
in complying with the deduction requirement included in the 17,555
deduction notice.
The entire amount withheld or deducted pursuant to a 17,557
withholding or deduction notice issued under divisions (A) and 17,558
(B) of section 3111.23 of the Revised Code for purposes of 17,559
support shall be forwarded to the division of child support in 17,561
the department of human JOB AND FAMILY services immediately, but
no later than seven working days, after the withholding or 17,563
deduction, as directed in the withholding or deduction notice. 17,564
(B) If a payor or financial institution is required to 17,566
withhold or deduct a specified amount from the income or savings 17,567
of more than one obligor pursuant to a withholding or deduction 17,569
notice issued under divisions (A) and (B) of section 3111.23 of 17,570
the Revised Code and is required to forward the amounts withheld 17,571
or deducted to the division of child support, the payor or 17,572
financial institution may combine all of the amounts to be 17,574
forwarded in one payment, provided the payment is accompanied by 17,575
a list that clearly identifies each obligor who is covered by the 17,576
payment and the portion of the payment that is attributable to 17,577
that obligor.
(C) Upon receipt of any amount forwarded from a payor or 17,580
financial institution the division of child support shall 17,582
distribute the amount to the obligee within two business days of 17,583
its receipt of the amount forwarded. The department DIRECTOR of 17,584
human JOB AND FAMILY services may adopt, amend, and rescind rules 17,586
in accordance with Chapter 119. of the Revised Code to assist in 17,587
the implementation of this division. 17,588
(D) A payor or financial institution shall not be subject 17,590
to criminal or civil liability for compliance, in accordance with 17,591
this section, with a withholding or deduction notice issued 17,592
pursuant to division (B) of section 3111.23 of the Revised Code. 17,593
Sec. 3111.25. (A)(1) For purposes of this section, a 17,602
withholding or deduction order that was issued prior to December 17,603
393
31, 1993, under division (A)(1), (2), (4), or (5) of section 17,604
3111.23 of the Revised Code as the division existed prior to that 17,605
date and that has not been terminated on or after December 31, 17,606
1993, shall be considered to be a withholding or deduction notice 17,607
issued under divisions (A) and (B)(1) or (2) of section 3111.23 17,609
of the Revised Code.
(2) A payor that fails to withhold an amount from an 17,612
obligor's income for support in accordance with a withholding 17,615
requirement contained in a withholding notice issued under 17,616
divisions (A) and (B)(1) of section 3111.23 of the Revised Code 17,617
or a financial institution that fails to deduct funds from an
obligor's account for support in accordance with a deduction 17,618
requirement contained in a deduction notice issued under 17,619
divisions (A) and (B)(2) of section 3111.23 of the Revised Code 17,621
is liable for the amount that was not withheld or deducted, 17,622
provided that no payor that is an employer whose normal pay and 17,624
disbursement cycles make it impossible to comply with a
withholding requirement contained in a withholding notice issued 17,625
under divisions (A) and (B)(1) of section 3111.23 of the Revised 17,626
Code shall be liable for the amount not withheld if the employer, 17,627
as soon as possible after the employer's receipt of the 17,628
withholding notice, provides the agency that issued the 17,629
withholding notice with written notice of the impossibility and 17,630
the reasons for the impossibility. An employer who is liable 17,631
under this provision for an amount that was not withheld shall be 17,632
ordered by the agency to pay that amount to the division of child 17,633
support in the department of human JOB AND FAMILY services, to be 17,635
disbursed in accordance with the administrative support order for 17,637
the benefit of the child or spouse. 17,638
(B) No payor that is an employer may use a requirement to 17,640
withhold personal earnings contained in a withholding notice 17,642
issued under divisions (A) and (B)(1) of section 3111.23 of the 17,643
Revised Code as a basis for a discharge of, or for any 17,644
disciplinary action against, an employee, or as a basis for a 17,645
394
refusal to employ a person.
Sec. 3111.27. (A) No later than May 1, 1992, the 17,654
department DIRECTOR of human JOB AND FAMILY services shall adopt 17,656
rules in accordance with Chapter 119. of the Revised Code 17,657
establishing a procedure substantially similar to the procedure 17,658
adopted pursuant to section 3113.216 of the Revised Code for 17,659
determining when existing administrative support orders should be 17,660
reviewed to determine whether it is necessary or in the best 17,661
interest of the child who is the subject of the administrative 17,662
support order to modify: 17,663
(1) The support amount ordered under the administrative 17,665
support order and to calculate any modification to the support 17,667
amount in accordance with section 3113.215 of the Revised Code; 17,669
(2) The provisions for the child's health care needs in 17,671
the administrative support order and to make the modification in 17,672
accordance with section 3111.241 of the Revised Code. 17,673
(B)(1) If a child support enforcement agency, periodically 17,675
or upon the request of the obligee or obligor, plans to review an 17,676
administrative support order in accordance with the rules adopted 17,677
pursuant to division (A) of this section or otherwise is 17,678
requested to review an administrative support order, it shall do 17,679
all the following prior to formally beginning the review: 17,680
(a) Establish a date certain upon which the review shall 17,682
begin; 17,683
(b) At least sixty days before formally beginning the 17,685
review, send the obligor and obligee notice of the planned review 17,686
and of the date when the review will formally begin; 17,687
(c) Request the obligor to provide the agency, no later 17,689
than the scheduled date for formally beginning the review, with a 17,690
copy of the obligor's federal income tax return from the previous 17,691
year, a copy of all pay stubs obtained by the obligor within the 17,692
preceding six months, a copy of all records evidencing the 17,693
receipt of salary, wages, or compensation by the obligor within 17,694
the preceding six months, a list of the group health insurance 17,695
395
and health care policies, contracts, and plans available to the 17,696
obligor and their costs, the current group health insurance or 17,697
health care policy, contract, or plan under which the obligor is 17,698
enrolled and its cost, and any other information necessary to 17,699
properly review the administrative support order, and request the 17,700
obligee to provide the agency, no later than the scheduled date 17,701
for review to formally begin, with a copy of the obligee's 17,702
federal income tax returns from the previous year, a copy of all 17,703
pay stubs obtained by the obligee within the preceding six 17,704
months, a copy of all records evidencing the receipt of salary, 17,707
wages, or compensation by the obligee within the preceding six 17,708
months, a list of the group health insurance and health care 17,710
policies, contracts, and plans available to the obligee and their 17,711
costs, the current group health insurance or health care policy, 17,712
contract, or plan under which the obligor is enrolled and its 17,713
cost, and any other information necessary to properly review the 17,715
administrative support order;
(d) Include in the notice sent pursuant to division 17,717
(B)(1)(b) of this section, a notice that if either the obligor or 17,718
obligee fails to comply with the request for information, the 17,719
agency may bring an action under section 3111.28 of the Revised 17,720
Code requesting the court to find the obligor and the obligee in 17,722
contempt pursuant to section 2705.02 of the Revised Code.
(2) If either the obligor or obligee fails to comply with 17,724
the request made pursuant to division (B)(1)(c) of this section, 17,725
the agency may bring an action under section 3111.28 of the 17,726
Revised Code in the court of common pleas of the county in which 17,727
the agency is located requesting the court to issue an order 17,728
requiring an obligor and obligee to comply with the agency's 17,729
request for information pursuant to division (B)(1)(c) of this 17,730
section. If the obligor or obligee fails to comply with the 17,731
court order issued pursuant to section 3111.28 of the Revised 17,732
Code requiring compliance with the administrative request for 17,733
information, the obligor or obligee is in contempt of court. In 17,735
396
the action brought under section 3111.28 of the Revised Code, the
agency may request the court to issue an order to require the 17,737
obligor or obligee to provide the necessary information or to 17,738
permit the agency to take whatever action is necessary to obtain 17,739
information and make any reasonable assumptions necessary with 17,740
respect to the information the person in contempt did not provide 17,742
to ensure a fair and equitable review of the administrative child 17,744
support order. If the agency decides to conduct the review based 17,745
on the reasonable assumptions with respect to the information the 17,746
person in contempt did not provide, it shall proceed in 17,748
accordance with the rules adopted by the department DIRECTOR of 17,749
human JOB AND FAMILY services pursuant to division (A) of this 17,750
section.
(C)(1) If the agency determines that a modification is 17,752
necessary and in the best interest of the child who is the 17,753
subject of the administrative support order, the agency shall 17,754
calculate the amount the obligor shall pay in accordance with 17,755
section 3113.215 of the Revised Code. The agency may not deviate 17,756
from the guidelines set forth in section 3113.215 of the Revised 17,757
Code. 17,758
(2) If the agency cannot set the amount of support the 17,760
obligor shall pay without deviating from the guidelines set forth 17,761
in section 3113.215 of the Revised Code, the agency shall bring 17,762
an action under section 2151.231 of the Revised Code on behalf of 17,763
the person who requested the agency to review the existing 17,764
administrative order or if no one requested the review, on behalf 17,765
of the obligee, in the court of common pleas of the county in 17,766
which the agency is located requesting the court to issue a 17,767
support order in accordance with sections 3113.21 to 3113.219 of 17,768
the Revised Code. 17,769
(3) When it reviews an administrative support order 17,771
pursuant to this section, the agency shall consider whether the 17,772
provision for the child's health care needs in the administrative 17,774
support order is adequate. If the agency determines that the 17,775
397
administrative support order does not provide adequately for the 17,776
child's health care needs, the agency shall modify the order in 17,777
accordance with section 3111.241 of the Revised Code. 17,779
(D)(1) If the agency modifies an existing administrative 17,781
support order, the agency shall provide the obligee and obligor 17,782
with notice of the change and shall include in the notice a 17,783
statement that the obligor or obligee may object to the modified 17,784
administrative support order by initiating an action under 17,785
section 2151.231 of the Revised Code in the juvenile court of the 17,786
county in which the mother, the father, the child, or the 17,787
guardian or custodian of the child resides. 17,788
(2) If the agency modifies an existing administrative 17,791
support order, the modification shall relate back to the first 17,792
day of the month following the date certain on which the review
began under division (B)(1)(a) of this section. 17,795
Sec. 3111.99. (A) For purposes of this section, 17,804
"administrative support order" and "obligor" have the same 17,805
meaning as in section 3111.20 of the Revised Code. 17,806
(B) Whoever violates section 3111.29 of the Revised Code 17,808
is guilty of interfering with the establishment of paternity, a 17,809
misdemeanor of the first degree. 17,810
(C) An obligor who violates division (B)(1)(c) of section 17,813
3111.23 of the Revised Code shall be fined not more than fifty 17,814
dollars for a first offense, not more than one hundred dollars
for a second offense, and not more than five hundred dollars for 17,815
each subsequent offense. 17,816
(D) An obligor who violates division (E)(2) of section 17,818
3111.23 of the Revised Code shall be fined not more than fifty 17,819
dollars for a first offense, not more than one hundred dollars 17,821
for a second offense, and not more than five hundred dollars for 17,822
each subsequent offense.
(E) A fine imposed pursuant to division (C) or (D) of this 17,825
section shall be paid to the division of child support in the 17,826
department of human JOB AND FAMILY services or, pursuant to 17,828
398
division (H)(4) of section 2301.35 of the Revised Code, the child 17,829
support enforcement agency. The amount of the fine that does not 17,831
exceed the amount of arrearage the obligor owes under the
administrative support order shall be disbursed in accordance 17,832
with the support order. The amount of the fine that exceeds the 17,833
amount of the arrearage under the support order shall be called 17,834
program income and shall be collected in accordance with section 17,835
5101.325 of the Revised Code.
Sec. 3113.04. (A) Sentence may be suspended if a person, 17,844
after conviction under section 2919.21 of the Revised Code and 17,845
before sentence under that section, appears before the court of 17,846
common pleas in which the conviction took place and enters into 17,847
bond to the state in a sum fixed by the court at not less than 17,848
five hundred nor more than one thousand dollars, with sureties 17,849
approved by the court, conditioned that the person will furnish 17,850
the child or other dependent with necessary or proper home, care, 17,851
food, and clothing, or will pay promptly each week for such 17,852
purpose to the division of child support in the department of 17,854
human JOB AND FAMILY services, a sum to be fixed by the agency. 17,855
The child support enforcement agency shall comply with sections 17,856
3113.21 to 3113.219 of the Revised Code when it fixes the sum to 17,857
be paid to the division.
(B) Each order for child support made or modified under 17,859
this section shall include as part of the order a general 17,861
provision, as described in division (A)(1) of section 3113.21 of 17,862
the Revised Code, requiring the withholding or deduction of 17,863
income or assets of the obligor under the order as described in 17,865
division (D) of section 3113.21 of the Revised Code or another 17,866
type of appropriate requirement as described in division (D)(3), 17,867
(D)(4) or (H) of that section, to ensure that withholding or 17,869
deduction from the income or assets of the obligor is available 17,871
from the commencement of the support order for collection of the 17,872
support and of any arrearages that occur; a statement requiring 17,873
all parties to the order to notify the child support enforcement 17,874
399
agency in writing of their current mailing address, current 17,875
residence address, current resident telephone number, current 17,876
driver's license number, and any changes to that information, and 17,877
a notice that the requirement to notify the agency of all changes 17,879
to that information continues until further notice from the 17,881
court. If any person required to pay child support under an 17,882
order made under this section on or after April 15, 1985, or 17,883
modified on or after December 1, 1986, is found in contempt of 17,884
court for failure to make support payments under the order, the 17,885
court that makes the finding, in addition to any other penalty or 17,886
remedy imposed, shall assess all court costs arising out of the 17,887
contempt proceeding against the person and require the person to 17,888
pay any reasonable attorney's fees of any adverse party, as 17,889
determined by the court, that arose in relation to the act of 17,890
contempt.
(C) Notwithstanding section 3109.01 of the Revised Code, 17,892
if a court issues a child support order under this section, the 17,893
order shall remain in effect beyond the child's eighteenth 17,894
birthday as long as the child continuously attends on a full-time 17,895
basis any recognized and accredited high school or the order 17,897
provides that the duty of support of the child continues beyond 17,898
the child's eighteenth birthday. Except in cases in which the 17,900
order provides that the duty of support continues for any period 17,901
after the child reaches nineteen years of age, the order shall 17,902
not remain in effect after the child reaches age nineteen. Any 17,903
parent ordered to pay support under a child support order issued 17,905
under this section shall continue to pay support under the order, 17,906
including during seasonal vacation periods, until the order 17,907
terminates. 17,908
Sec. 3113.07. As used in this section, "executive 17,917
director" has the same meaning as in section 5153.01 of the 17,918
Revised Code. 17,919
Sentence may be suspended, if a person, after conviction 17,921
under section 3113.06 of the Revised Code and before sentence 17,922
400
thereunder, appears before the court of common pleas in which 17,923
such conviction took place and enters into bond to the state in a 17,924
sum fixed by the court at not less than five hundred dollars, 17,925
with sureties approved by such court, conditioned that such 17,926
person will pay, so long as the child remains a ward of the 17,927
public children services agency or a recipient of aid pursuant to 17,929
Chapter 5107. or 5115. of the Revised Code, to the executive 17,930
director thereof or to a trustee to be named by the court, for 17,931
the benefit of such agency or if the child is a recipient of aid 17,932
pursuant to Chapter 5107. or 5115. of the Revised Code, to the 17,934
county department of human JOB AND FAMILY services, the
reasonable cost of keeping such child. The amount of such costs 17,936
and the time of payment shall be fixed by the court. 17,937
The court, in accordance with section 3113.217 of the 17,939
Revised Code, shall include in each support order made under this 17,942
section the requirement that one or both of the parents provide 17,943
for the health care needs of the child to the satisfaction of the 17,944
court.
Sec. 3113.09. The trustee appointed by the court of common 17,953
pleas under sections 3113.04 and 3113.07 of the Revised Code, 17,954
shall make quarterly reports of the receipts and expenditures of 17,955
all moneys coming into his hands as provided in sections 3113.01 17,956
to 3113.14 of the Revised Code, such reports to be made to the 17,957
board of county commissioners of the county from which the person 17,958
described in section 3113.01 of the Revised Code was sentenced,
or to the department of human JOB AND FAMILY services. The court 17,959
may require such trustee to enter into a good and sufficient bond 17,960
for the faithful performance of the duties imposed on him. 17,961
Sec. 3113.16. (A) As used in this section: 17,970
(1) "Child support order" has the same meaning as in 17,972
section 2301.373 of the Revised Code. 17,973
(2) "Default," "obligor," and "obligee" have the same 17,975
meanings as in section 2301.34 of the Revised Code. 17,976
(3) "Prison," "prison term," and "jail" have the same 17,978
401
meanings as in section 2929.01 of the Revised Code. 17,979
(B) Notwithstanding any other section of the Revised Code, 17,982
including sections 5145.16 and 5147.30 of the Revised Code, 17,983
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 17,986
or jail who has a dependent child receiving assistance under 17,988
Chapter 5107. of the Revised Code, shall be paid to the state 17,989
department of human JOB AND FAMILY services.
(C) Notwithstanding any other section of the Revised Code, 17,992
including sections 5145.16 and 5147.30 of the Revised Code, and 17,993
except as provided in division (B) of this section, twenty-five 17,995
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 17,997
is an obligor in default under a child support order according to 17,998
the records of the child support enforcement agency administering 17,999
the order, shall be paid to the agency for distribution to the 18,000
obligee under the order pursuant to sections 3111.23 to 3111.28 18,001
or sections 3113.21 to 3113.219 of the Revised Code. 18,002
Sec. 3113.21. (A)(1) In any action in which support is 18,011
ordered under Chapter 3115. or under section 2151.23, 2151.231, 18,012
2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 18,013
3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the 18,014
Revised Code, the court shall require the withholding or 18,015
deduction of income or assets of the obligor in accordance with 18,016
division (D) of this section or require the issuance of another 18,017
type of appropriate court order in accordance with division 18,018
(D)(3) or (4) or (H) of this section to ensure that withholding 18,020
or deduction from the income or assets of the obligor is 18,021
available from the commencement of the support order for the 18,023
collection of the support and any arrearages that occur. The 18,024
court shall determine the specific withholding or deduction 18,025
requirements or other appropriate requirements applicable to the 18,026
obligor under the support order in accordance with divisions (D) 18,027
and (H) of this section and section 2301.371 of the Revised Code 18,028
402
and shall include the specific requirements in the notices 18,029
described in divisions (A)(2) and (D) of this section or in the 18,030
court orders described in divisions (A)(2), (D)(3) or (4), and 18,031
(H) of this section. Any person required to comply with any 18,033
withholding or deduction requirement shall determine the manner 18,034
of withholding or deducting from the specific requirement 18,035
included in the notices described in those divisions without the 18,036
need for any amendment to the support order, and any person 18,037
required to comply with a court order described in division 18,038
(D)(3), (D)(4), or (H) of this section shall comply with the 18,040
court order without the need for any amendment to the support 18,041
order. The court shall include in any action in which support is 18,042
ordered as described in division (A)(1) of this section a general 18,043
provision that states the following:
"All child support and spousal support under this order 18,046
shall be withheld or deducted from the income or assets of the 18,048
obligor pursuant to a withholding or deduction notice or 18,049
appropriate court order issued in accordance with section 3113.21 18,050
of the Revised Code or a withdrawal directive issued pursuant to 18,051
section 3113.214 of the Revised Code and shall be forwarded to 18,052
the obligee in accordance with sections 3113.21 to 3113.213 of 18,053
the Revised Code." 18,054
(2) In any action in which support is ordered or modified 18,056
as described in division (A)(1) of this section, the court shall 18,057
determine in accordance with divisions (D) and (H) of this 18,058
section the types of withholding or deduction requirements or 18,059
other appropriate requirements that should be imposed relative to 18,060
the obligor under the support order to collect the support due 18,061
under the order. Within fifteen days after the obligor under the 18,062
support order is located subsequent to the issuance of the 18,063
support order or within fifteen days after the default under the 18,065
support order, whichever is applicable, the court or the child 18,066
support enforcement agency, as determined by agreement of the 18,067
court and the agency, shall send a notice by regular mail to each 18,068
403
person required to comply with a withholding or deduction 18,069
requirement. The notice shall specify the withholding or 18,070
deduction requirement and shall contain all of the information 18,071
set forth in division (D)(1)(b) or (2)(b) of this section that is 18,072
applicable to the requirement. If the appropriate requirement is 18,074
an order of the type described in division (D)(3), (D)(4), or (H) 18,075
of this section, the court shall issue and send a court order in 18,076
accordance with that division. The notices and court orders, and 18,077
the notices provided by the court or child support enforcement 18,078
agency that require the obligor to notify the agency of any 18,079
change in the obligor's employment status or of any other change
in the status of the obligor's assets, are final and are 18,080
enforceable by the court. When the court or agency issues a 18,081
notice, it shall provide the notice to the obligor in accordance 18,082
with division (D)(1)(c) or (D)(2)(c) of this section, whichever 18,084
is applicable, and shall include with the notice the additional 18,085
notices described in the particular division that is applicable. 18,086
(3)(a) If support is ordered or modified on or after 18,088
December 31, 1993, under Chapter 3115. or under section 2151.23, 18,089
2151.231, 2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 18,091
3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 18,092
of the Revised Code, if the court has determined in accordance 18,093
with division (A)(2) of this section the types of withholding or 18,094
deduction requirements or other appropriate requirements that 18,095
should be imposed relative to the obligor under the support order 18,096
to collect the support due under the order, if the court or a 18,097
child support enforcement agency has mailed the appropriate 18,098
notice to the person required to comply with the withholding or 18,099
deduction requirements that the court has determined should be 18,100
imposed or the court has issued and sent a court order described 18,101
in division (D)(3), (D)(4), or (H) of this section containing the 18,103
other appropriate requirements that the court determined should 18,104
be imposed, and if the child support enforcement agency is 18,105
notified or otherwise determines that the employment status or 18,106
404
other circumstances of the obligor have changed and that it is 18,107
more appropriate to impose another type of or an additional 18,108
withholding or deduction requirement or another type of or 18,109
additional court order containing another appropriate
requirement, the agency immediately shall comply with section 18,110
3113.212 of the Revised Code. The notices and court orders 18,111
issued under this division and section 3113.212 of the Revised 18,112
Code, and the notices provided by the court or child support 18,113
enforcement agency that require the obligor to notify the agency 18,114
of any change in the obligor's employment status or of any other 18,115
change in the status of the obligor's assets, are final and are 18,117
enforceable by the court.
(b) All orders for support issued prior to December 31, 18,120
1993, under Chapter 3115. or under section 2151.23, 2151.231, 18,121
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 18,123
3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised 18,124
Code that have not been modified or subject to division (B) of 18,126
this section regarding a default under the order on or after that 18,127
date shall be considered to contain the general provision 18,128
described in division (A)(1) of this section and shall be 18,129
enforced and modified in the same manner as an order for support 18,130
issued on or after December 31, 1993.
(4) The department of human JOB AND FAMILY services shall 18,132
adopt standard forms for the support withholding and deduction 18,134
notices that are prescribed by divisions (A)(1) to (3) and (B) of 18,135
this section. All courts and child support enforcement agencies 18,136
shall use the forms in issuing withholding and deduction notices 18,137
in compliance with this section. 18,138
(B)(1)(a) In any action in which support is ordered under 18,141
Chapter 3115. or under section 2151.23, 2151.231, 2151.232, 18,142
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 18,144
3111.13, 3111.20, 3111.211, 3111.22, 3113.04, 3113.07, 3113.216, 18,145
or 3113.31 of the Revised Code and in which there has been a 18,146
default under the order, the court shall comply with divisions 18,147
405
(B)(1) to (6) of this section. 18,148
If the support was ordered prior to December 31, 1993, or 18,150
pursuant to section 3111.20, 3111.211, or 3111.22 of the Revised 18,152
Code, the court that issued the order, or in the case of an order 18,154
pursuant to section 3111.20, 3111.211, or 3111.22 of the Revised 18,155
Code, the common pleas court of the county in which the child 18,156
support enforcement agency that issued the order is located, 18,157
shall reissue the support order under which there has been a 18,158
default and shall include in the reissued order a general 18,159
provision as described in this division requiring the withholding 18,160
or deduction of income or assets of the obligor in accordance 18,162
with division (D) of this section or requiring the issuance of a 18,163
court order containing another type of appropriate requirement in 18,164
accordance with division (D)(3), (D)(4), or (H) of this section 18,166
to ensure that withholding or deduction from the income or assets 18,168
is available for the collection of current support and any 18,170
arrearages that occur. If the support was ordered pursuant to
section 3111.20, 3111.211, or 3111.22 of the Revised Code and the 18,172
support order includes a general provision similar to the one 18,173
described in this division, the court shall replace the similar 18,174
general provision with the general provision described in this 18,175
division. Except for the inclusion or replacement of the general 18,176
provision, the provisions of the reissued order required under 18,177
this division shall be identical to those of the support order 18,178
under which there has been a default. 18,179
When support has been ordered under any chapter or section 18,182
described in this division, the child support enforcement agency 18,183
shall initiate support withholding when the order is in default. 18,184
Immediately after the identification of a default under the 18,185
support order, the child support enforcement agency shall conduct 18,187
the investigation described in division (B)(1)(b) of this 18,188
section. Additionally, within fifteen calendar days after the 18,189
identification of a default under the support order, the child 18,190
support enforcement agency shall investigate the default and, if 18,191
406
it is before July 1, 1999, send advance notice to the obligor. 18,192
On and after that date, the division of child support in the 18,194
department of human services shall send the advance notice to the 18,195
obligor. The advance notice shall include a notice describing 18,196
the actions that may be taken against the obligor pursuant to 18,197
sections 2301.353, 2301.373, 2301.374, 2301.375, 2301.42 to 18,198
2301.45, and 3113.214 of the Revised Code if the court or agency 18,199
makes a final and enforceable determination that the obligor is 18,200
in default pursuant to this division. If the location of the 18,202
obligor is unknown at the time of the identification of a default 18,203
under the support order, the division shall send the advance 18,204
notice to the obligor within fifteen days after the agency 18,205
locates the obligor. The general provision for the withholding 18,206
or deduction of income or assets to be included in the reissued 18,208
support order specifically shall include the following statement: 18,209
"All child support and spousal support under this order 18,212
shall be withheld or deducted from the income or assets of the 18,214
obligor pursuant to a withholding or deduction notice or 18,215
appropriate court order issued in accordance with section 3113.21 18,216
of the Revised Code or a withdrawal directive issued pursuant to
section 3113.214 of the Revised Code and shall be forwarded to 18,217
the obligee in accordance with sections 3113.21 to 3113.213 of 18,218
the Revised Code." 18,219
(b) After the identification of a default under a support 18,221
order as described in division (B)(1)(a) of this section, the 18,222
child support enforcement agency immediately shall conduct an 18,223
investigation to determine the employment status of the obligor, 18,224
the obligor's social security number, the name and business 18,225
address of the obligor's employer, whether the obligor is in 18,226
default under a support order, the amount of any arrearages, and 18,227
any other information necessary to enable the court or agency to 18,228
impose any withholding or deduction requirements and issue the 18,229
related notices described in division (D) of this section or to 18,230
issue any court orders described in division (D)(3) or (4) of 18,232
407
this section. The agency also shall conduct an investigation 18,233
under this division when required by division (C)(1)(a) or (b) of 18,234
this section, shall complete the investigation within twenty days 18,235
after the obligor or obligee files the motion with the court 18,236
under division (C)(1)(a) of this section or the court orders the 18,237
investigation under division (C)(1)(b) of this section. 18,238
(2) An advance notice to an obligor required by division 18,240
(B)(1) of this section shall contain all of the following: 18,241
(a) A statement of the date on which the advance notice is 18,243
sent, the amount of arrearages owed by the obligor as determined 18,244
by the court or the child support enforcement agency, the types 18,245
of withholding or deduction requirements and related notices 18,246
described in division (D) of this section or the types of court 18,247
orders described in division (D)(3), (D)(4), or (H) of this 18,249
section that will be issued to pay support and any arrearages, 18,250
and the amount that will be withheld or deducted pursuant to 18,251
those requirements; 18,252
(b) A statement that any notice for the withholding or 18,254
deduction of an amount from income or assets apply to all current 18,256
and subsequent payors of the obligor and financial institutions 18,258
in which the obligor has an account and that any withholding or 18,259
deduction requirement and related notice described in division 18,260
(D) of this section or any court order described in division 18,261
(D)(3), (D)(4), or (H) of this section that is issued will not be 18,263
discontinued solely because the obligor pays any arrearages; 18,264
(c) An explanation of the administrative and court action 18,266
that will take place if the obligor contests the inclusion of any 18,267
of the provisions; 18,268
(d) A statement that the contents of the advance notice 18,270
are final and are enforceable by the court unless the obligor 18,271
files with the child support enforcement agency, within seven 18,272
days after the date on which the advance notice is sent, a 18,273
written request for an administrative hearing to determine if a 18,274
mistake of fact was made in the notice. 18,275
408
(3) If the obligor requests a hearing regarding the 18,277
advance notice in accordance with division (B)(2)(d) of this 18,278
section, the child support enforcement agency shall conduct an 18,279
administrative hearing no later than ten days after the date on 18,280
which the obligor files the request for the hearing. No later 18,281
than five days before the date on which the hearing is to be 18,282
conducted, the agency shall send the obligor and the obligee 18,283
written notice of the date, time, place, and purpose of the 18,284
hearing. The notice to the obligor and obligee also shall 18,285
indicate that the obligor may present testimony and evidence at 18,286
the hearing only in regard to the issue of whether a mistake of 18,287
fact was made in the advance notice. 18,288
At the hearing, the child support enforcement agency shall 18,290
determine whether a mistake of fact was made in the advance 18,291
notice. If it determines that a mistake of fact was made, the 18,292
agency shall determine the provisions that should be changed and 18,293
included in a corrected notice and shall correct the advance 18,294
notice accordingly. The agency shall send its determinations to 18,295
the obligor. The agency's determinations are final and are 18,296
enforceable by the court unless, within seven days after the 18,297
agency makes its determinations, the obligor files a written 18,298
motion with the court for a court hearing to determine if a 18,299
mistake of fact still exists in the advance notice or corrected 18,300
advance notice. 18,301
(4) If, within seven days after the agency makes its 18,303
determinations under division (B)(3) of this section, the obligor 18,304
files a written motion for a court hearing to determine if a 18,305
mistake of fact still exists in the advance notice or the 18,306
corrected advance notice, the court shall hold a hearing on the 18,307
request as soon as possible, but no later than ten days, after 18,308
the request is filed. If the obligor requests a court hearing, 18,309
no later than five days before the date on which the court 18,310
hearing is to be held, the court shall send the obligor and the 18,311
obligee written notice by ordinary mail of the date, time, place, 18,312
409
and purpose of the court hearing. The hearing shall be limited 18,313
to a determination of whether there is a mistake of fact in the 18,314
advance notice or the corrected advance notice. 18,315
If, at a hearing conducted under this division, the court 18,317
detects a mistake of fact in the advance notice or the corrected 18,318
advance notice, it immediately shall correct the notice. 18,319
(5) Upon exhaustion of all rights of the obligor to 18,321
contest the withholding or deduction on the basis of a mistake of 18,322
fact and no later than the expiration of forty-five days after 18,323
the issuance of the advance notice under division (B)(1) of this 18,324
section, the court or child support enforcement agency shall 18,325
issue one or more notices requiring withholding or deduction of 18,326
income or assets of the obligor in accordance with divisions 18,328
(A)(2) and (D) of this section, or the court shall issue one or 18,329
more court orders imposing other appropriate requirements in 18,330
accordance with division (A)(2) and division (D)(3), (D)(4), or 18,332
(H) of this section. Thereafter, section 3113.212 of the Revised 18,333
Code applies in relation to the issuance of the notices and court 18,334
orders. The notices and court orders issued under this division 18,335
or section 3113.212 of the Revised Code are final and are 18,336
enforceable by the court. The court or agency shall send to the 18,337
obligor by ordinary mail a copy of the withholding or deduction 18,338
notice, in accordance with division (D) of this section. The 18,339
failure of the court or agency to give the notice required by 18,340
this division does not affect the ability of any court to issue 18,341
any notice or order under this section or any other section of 18,342
the Revised Code for the payment of support, does not provide any 18,343
defense to any notice or order for the payment of support that is 18,344
issued under this section or any other section of the Revised 18,345
Code, and does not affect any obligation to pay support. 18,346
(6) The department of human JOB AND FAMILY services shall 18,348
adopt standard forms for the advance notice prescribed by 18,350
divisions (B)(1) to (5) of this section. All courts and child 18,351
support enforcement agencies shall use those forms, and the 18,352
410
support withholding and deduction notice forms adopted under 18,353
division (A)(4) of this section, in complying with this section. 18,354
(C)(1) In any action in which support is ordered under 18,356
Chapter 3115. or under section 2151.23, 2151.231, 2151.232, 18,357
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 18,359
3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised 18,361
Code, all of the following apply:
(a) The obligor or obligee under the order may file a 18,363
motion with the court that issued the order requesting the 18,364
issuance of one or more withholding or deduction notices as 18,365
described in division (D) of this section to pay the support due 18,366
under the order. The motion may be filed at any time after the 18,367
support order is issued. Upon the filing of a motion pursuant to 18,368
this division, the child support enforcement agency immediately 18,369
shall conduct, and shall complete within twenty days after the 18,370
motion is filed, an investigation in accordance with division 18,371
(B)(1)(b) of this section. Upon the completion of the 18,372
investigation and the filing of the agency's report under 18,373
division (B)(1)(b) of this section, the court shall issue one or 18,374
more appropriate orders described in division (D) of this 18,375
section. 18,376
(b) If any proceedings involving the support order are 18,378
commenced in the court and if the court has not issued any orders 18,379
under division (D) of this section as it existed prior to 18,381
December 31, 1993, with respect to the support order, if the 18,382
court determines that any orders issued under division (D) of 18,383
this section as it existed prior to December 31, 1993, no longer 18,385
are appropriate, if the court on or after December 31, 1993, has 18,387
not modified or reissued the support order under division (A) or 18,389
(B) of this section and issued any notices under division (D) or 18,390
court orders under division (D)(3) or (4) of this section, or if 18,392
the court on or after December 31, 1993, has modified or reissued 18,394
the support order under division (A) or (B) of this section and 18,395
issued one or more notices under division (D) or one or more 18,396
411
court orders under division (D)(3) or (4) of this section but 18,398
determines that the notices or court orders no longer are 18,399
appropriate, the court, prior to or during any hearings held with 18,400
respect to the proceedings and prior to the conclusion of the 18,401
proceedings, shall order the child support enforcement agency to 18,402
conduct an investigation pursuant to division (B)(1)(b) of this 18,403
section. Upon the filing of the findings of the agency following 18,404
the investigation, the court, as necessary, shall issue one or 18,405
more notices described in division (D) or one or more court 18,406
orders described in division (D)(3) or (4) of this section or 18,408
modify any notices previously issued under division (D) or any 18,409
court orders previously issued under division (D)(3) or (4) of 18,411
this section.
(c)(i) If a child support enforcement agency, in 18,413
accordance with section 3113.216 of the Revised Code, requests 18,414
the court to issue a revised child support order in accordance 18,415
with a revised amount of child support calculated by the agency, 18,416
the court shall proceed as described in this division. If 18,417
neither the obligor nor the obligee requests a court hearing on 18,418
the revised amount of child support, the court shall issue a 18,419
revised child support order requiring the obligor to pay the 18,420
revised amount of child support calculated by the agency. 18,421
However, if the obligor or the obligee requests a court hearing 18,422
on the revised amount of child support calculated by the agency, 18,423
the court, in accordance with division (C)(1)(c)(ii) of this 18,424
section, shall schedule and conduct a hearing to determine if the 18,425
revised amount of child support is the appropriate amount and if 18,426
the amount of child support being paid under the child support 18,427
order otherwise should be revised. 18,428
(ii) If the court is required to schedule and conduct a 18,430
hearing pursuant to division (C)(1)(c)(i) of this section, the 18,431
court shall give the obligor, obligee, and agency at least thirty 18,432
days' notice of the date, time, and location of the hearing; 18,433
order the obligor to provide the court with a copy of the 18,434
412
obligor's federal income tax return from the previous year, a 18,435
copy of all pay stubs obtained by the obligor within the 18,436
preceding six months, a copy of all other records evidencing the 18,438
receipt of any other salary, wages, or compensation by the
obligor within the preceding six months, a list of the group 18,439
health insurance and health care policies, contracts, and plans 18,440
available to the obligor and their costs, and the current health 18,441
insurance or health care policy, contract, or plan under which 18,442
the obligor is enrolled and its cost, if the obligor failed to 18,443
provide any of those documents to the agency, and order the 18,444
obligee to provide the court with a copy of the obligee's federal 18,445
income tax return from the previous year, a copy of all pay stubs 18,446
obtained by the obligee within the preceding six months, a copy 18,448
of all other records evidencing the receipt of any other salary, 18,449
wages, or compensation by the obligee within the preceding six 18,450
months, a list of the group health insurance and health care
policies, contracts, and plans available to the obligee and their 18,451
costs, and the current health insurance or health care policy, 18,452
contract, or plan under which the obligee is enrolled and its 18,453
cost, if the obligee failed to provide any of those documents to 18,455
the agency; give the obligor and the obligee notice that any 18,456
willful failure to comply with that court order is contempt of 18,457
court and, upon a finding by the court that the party is in 18,458
contempt of court, the court and the agency will take any action 18,459
necessary to obtain the information or make any reasonable 18,460
assumptions necessary with respect to the information the person 18,462
in contempt of court did not provide to ensure a fair and
equitable review of the child support order; issue a revised 18,464
child support order requiring the obligor to pay the revised 18,465
amount of child support calculated by the agency, if the court 18,466
determines at the hearing that the revised amount of child 18,467
support calculated by the agency is the appropriate amount; and 18,468
determine the appropriate amount of child support and, if 18,469
necessary, issue a revised child support order requiring the 18,470
413
obligor to pay the amount of child support determined by the 18,471
court, if the court determines that the revised amount of child 18,472
support calculated by the agency is not the appropriate amount. 18,473
(iii) In determining, at a hearing conducted under 18,475
divisions (C)(1)(c)(i) and (ii) of this section, the appropriate 18,476
amount of child support to be paid by the obligor, the court 18,477
shall consider, in addition to all other factors required by law 18,478
to be considered, the appropriate person, whether it is the 18,479
obligor, obligee, or both, to be required in accordance with 18,480
section 3113.217 of the Revised Code to provide health insurance 18,482
coverage for the children specified in the order, and the cost of 18,483
health insurance which the obligor, the obligee, or both have 18,484
been ordered in accordance with section 3113.217 of the Revised 18,485
Code to obtain for the children specified in the order. 18,486
(d)(i) An obligee under a child support order may file a 18,489
motion with the court that issued the order requesting the court 18,490
to modify the order to require the obligor to obtain health 18,491
insurance coverage for the children who are the subject of the 18,492
order, and an obligor under a child support order may file a 18,493
motion with the court that issued the order requesting the court 18,494
to modify the order to require the obligee to obtain health 18,495
insurance coverage for those children. Upon the filing of such a 18,496
motion, the court shall order the child support enforcement 18,497
agency to conduct an investigation to determine whether the 18,498
obligor or obligee has satisfactory health insurance coverage for 18,499
the children. Upon completion of its investigation, the agency 18,500
shall inform the court, in writing, of its determination. If the 18,501
court determines that neither the obligor nor the obligee has 18,502
satisfactory health insurance coverage for the children, it shall 18,503
modify the child support order in accordance with section 18,505
3113.217 of the Revised Code.
(ii) An obligor or obligee under a child support order may 18,508
file a motion with the court that issued the order requesting the 18,509
court to modify the amount of child support required to be paid 18,510
414
under the order because that amount does not adequately cover the 18,511
medical needs of the child. Upon the filing of such a motion, 18,512
the court shall determine whether the amount of child support 18,513
required to be paid under the order adequately covers the medical 18,514
needs of the child and whether to modify the order, in accordance 18,515
with division (B)(4) of section 3113.215 of the Revised Code. 18,516
(e) Whenever a court modifies, reviews, or otherwise 18,518
reconsiders a child support order, it may reconsider which parent 18,519
may claim the children who are the subject of the child support 18,520
order as dependents for federal income tax purposes as set forth 18,521
in section 151 of the "Internal Revenue Code of 1986," 100 Stat. 18,522
2085, 26 U.S.C. 1, as amended, and shall issue its determination 18,523
on this issue as part of the child support order. The court in 18,524
its order may permit the parent who is not the residential parent 18,525
and legal custodian to claim the children as dependents for 18,526
federal income tax purposes only if the payments for child 18,527
support are current in full as ordered by the court for the year 18,528
in which the children will be claimed as dependents. If the 18,529
court determines that the parent who is not the residential 18,530
parent and legal custodian may claim the children as dependents 18,531
for federal income tax purposes, it shall order the residential 18,532
parent to take whatever action is necessary pursuant to section 18,533
152 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 18,534
U.S.C. 1, as amended, to enable the parent who is not the 18,535
residential parent and legal custodian to claim the children as 18,536
dependents for federal income tax purposes in accordance with the 18,537
order of the court. Any willful failure of the residential 18,538
parent to comply with the order of the court is contempt of 18,539
court. 18,540
(f) When issuing or modifying a child support order, the 18,543
court shall include in the order all of the requirements, 18,544
specifications, and statements described in division (B) of 18,545
section 3113.218 of the Revised Code. If the obligor or obligee 18,546
does not request a court hearing on the revised amount of child 18,547
415
support determined by the agency and filed with the court 18,548
pursuant to section 3113.216 of the Revised Code and the court 18,550
modifies the order to include the revised amount pursuant to 18,551
division (C)(1)(c)(i) of this section, the modification shall 18,553
relate back to the first day of the month following the date 18,554
certain on which the review of the child support order began
pursuant to division (C)(1)(a) of section 3113.216 of the Revised 18,555
Code. If the obligor or obligee requests a court hearing on the 18,556
revised amount of child support pursuant to this section and 18,557
section 3113.216 of the Revised Code and the court, after 18,559
conducting a hearing, modifies the child support amount under the 18,560
order, the modification shall relate back to the first day of the 18,562
month following the date certain on which the review of the child 18,563
support order began pursuant to division (C)(1)(a) of section 18,564
3113.216 of the Revised Code. 18,565
(2) In any action in which a support order is issued under 18,567
Chapter 3115. or under section 2151.23, 2151.231, 2151.232, 18,569
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 18,570
3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised 18,571
Code, the court issuing the order also shall conduct a hearing, 18,572
prior to or at the time of the issuance of the support order, to 18,573
determine the employment status of the obligor, the obligor's 18,574
social security number, the name and business address of the 18,575
obligor's employer, and any other information necessary to enable 18,576
the court or a child support enforcement agency to issue any 18,577
withholding or deduction notice described in division (D) of this 18,578
section or for the court to issue a court order described in 18,579
division (D)(3) or (4) of this section. The court, prior to the 18,581
hearing, shall give the obligor notice of the hearing that shall 18,583
include the date on which the notice is given and notice that the 18,584
obligor is subject to a requirement for the withholding of a 18,585
specified amount from income if employed and to one or more other 18,586
types of withholding or deduction requirements described in 18,587
division (D) or one or more types of court orders described in 18,588
416
division (D)(3) or (4) of this section and that the obligor may 18,590
present evidence and testimony at the hearing to prove that any 18,591
of the requirements would not be proper because of a mistake of 18,592
fact. 18,593
The court or child support enforcement agency, immediately 18,595
upon the court's completion of the hearing, shall issue one or 18,596
more of the types of notices described in division (D) of this 18,597
section imposing a withholding or deduction requirement, or the 18,598
court shall issue one or more types of court orders described in 18,599
division (D)(3) or (4) of this section. 18,600
(D) If a court or child support enforcement agency is 18,602
required under division (A), (B), or (C) of this section or any 18,603
other section of the Revised Code to issue one or more 18,604
withholding or deduction notices described in this division or 18,605
court orders described in division (D)(3) or (4) of this section, 18,607
the court shall issue one or more of the following types of 18,608
notices or court orders, or the agency shall issue one or more of 18,609
the following types of notices to pay the support required under 18,610
the support order in question and also, if required by any of 18,611
those divisions, any other section of the Revised Code, or the 18,612
court, to pay any arrearages: 18,613
(1)(a) If the court or the child support enforcement 18,615
agency determines that the obligor is receiving income from a 18,617
payor, the court or agency shall require the obligor's payor to 18,618
withhold from the obligor's income a specified amount for support 18,621
in satisfaction of the support order, to begin the withholding no 18,622
later than fourteen working days following the date the notice 18,624
was mailed to the employer under divisions (A)(2) or (B) and 18,625
(D)(1)(b) of this section or, if the payor is an employer, no 18,627
later than the first pay period that occurs after fourteen 18,628
working days following the date the notice was mailed, to send 18,629
the amount withheld to the division of child support in the 18,631
department of human JOB AND FAMILY services pursuant to section 18,633
5101.325 of the Revised Code, to send that amount to the division 18,635
417
immediately but not later than seven days after the date the 18,636
obligor is paid, and to continue the withholding at intervals 18,637
specified in the notice until further notice from the court or 18,638
child support enforcement agency. To the extent possible, the 18,639
amount specified in the notice to be withheld shall satisfy the 18,641
amount ordered for support in the support order plus any 18,642
arrearages that may be owed by the obligor under any prior 18,643
support order that pertained to the same child or spouse, 18,644
notwithstanding any applicable limitations of sections 2329.66, 18,646
2329.70, 2716.02, 2716.041, and 2716.05 of the Revised Code. 18,648
However, in no case shall the sum of the amount specified in the 18,649
notice to be withheld and any fee withheld by the payor as a 18,651
charge for its services exceed the maximum amount permitted under 18,652
section 303(b) of the "Consumer Credit Protection Act," 15 U.S.C. 18,653
1673(b).
(b) If the court or agency imposes a withholding 18,655
requirement under division (D)(1)(a) of this section, it, within 18,656
the applicable period of time specified in division (A), (B), or 18,657
(C) of this section, shall send to the obligor's payor by regular 18,660
mail a notice that contains all of the information set forth in 18,661
divisions (D)(1)(b)(i) to (xi) of this section. The notice is 18,662
final and is enforceable by the court. The notice shall contain 18,663
all of the following:
(i) The amount to be withheld from the obligor's income 18,665
and a statement that the amount actually withheld for support and 18,667
other purposes, including the fee described in division 18,668
(D)(1)(b)(xi) of this section, shall not be in excess of the 18,669
maximum amounts permitted under section 303(b) of the "Consumer 18,670
Credit Protection Act," 15 U.S.C. 1673(b); 18,671
(ii) A statement that the payor is required to send the 18,674
amount withheld to the division of child support immediately, but 18,676
not later than seven working days, after the obligor is paid and 18,678
is required to report to the agency the date on which the amount 18,679
was withheld from the obligor's income; 18,680
418
(iii) A statement that the withholding is binding upon the 18,682
payor until further notice from the agency; 18,683
(iv) A statement that if the payor is an employer, the 18,686
payor is subject to a fine to be determined under the law of this 18,687
state for discharging the obligor from employment, refusing to 18,688
employ the obligor, or taking any disciplinary action against the 18,689
obligor because of the withholding requirement; 18,690
(v) A statement that, if the payor fails to withhold 18,692
income in accordance with the provisions of the notice, the payor 18,694
is liable for the accumulated amount the payor should have 18,696
withheld from the obligor's income;
(vi) A statement that the withholding in accordance with 18,698
the notice and under the provisions of this section has priority 18,699
over any other legal process under the law of this state against 18,700
the same income; 18,701
(vii) The date on which the notice was mailed and a 18,703
statement that the payor is required to implement the withholding 18,705
no later than fourteen working days following the date the notice 18,706
was mailed or, if the payor is an employer, no later than the 18,707
first pay period that occurs after fourteen working days 18,708
following the date the notice was mailed and is required to 18,709
continue the withholding at the intervals specified in the 18,710
notice;
(viii) A requirement that the payor promptly notify the 18,712
child support enforcement agency, in writing, within ten working 18,713
days after the date of any situation that occurs including 18,715
termination of employment, layoff of the obligor from employment, 18,716
any leave of absence of the obligor from employment without pay, 18,717
termination of workers' compensation benefits, or termination of 18,718
any pension, annuity, allowance, or retirement benefit, in which 18,720
the payor ceases to pay income in an amount sufficient to comply 18,723
with the order to the obligor, provide the agency with the 18,724
obligor's last known address, notify the agency of any new
employer or income source, if known, and provide the agency with 18,726
419
any new employer's or income source's name, address, and 18,727
telephone number, if known; 18,728
(ix) A requirement that, if the payor is an employer, 18,731
identify in the notification given under division (D)(1)(b)(viii) 18,732
of this section any types of benefits other than personal 18,733
earnings that the obligor is receiving or is eligible to receive 18,734
as a benefit of employment or as a result of the obligor's 18,735
termination of employment, including, but not limited to, 18,736
unemployment compensation, workers' compensation benefits, 18,737
severance pay, sick leave, lump-sum payments of retirement 18,738
benefits or contributions, and bonuses or profit-sharing payments 18,739
or distributions, and the amount of such benefits, and include in 18,740
the notification the obligor's last known address and telephone 18,741
number, date of birth, social security number, and court case 18,742
number and, if known, the name and business address of any new 18,743
employer of the obligor;
(x) A requirement that, no later than the earlier of 18,745
forty-five days before the lump-sum payment is to be made or, if 18,746
the obligor's right to the lump-sum payment is determined less 18,747
than forty-five days before it is to be made, the date on which 18,748
that determination is made, the payor notify the child support 18,750
enforcement agency of any lump-sum payments of any kind of one 18,752
hundred fifty dollars or more that are to be paid to the obligor, 18,753
hold the lump-sum payments of one hundred fifty dollars or more 18,755
for thirty days after the date on which the lump-sum payments 18,756
otherwise would have been paid to the obligor and, upon order of 18,758
the court, pay any specified amount of the lump-sum payment to 18,759
the division of child support;
(xi) A statement that, in addition to the amount withheld 18,761
for support, the payor may withhold a fee from the obligor's 18,763
income as a charge for its services in complying with the notice 18,766
and a specification of the amount that may be withheld.
(c) The court or agency shall send the notice described in 18,768
division (D)(1)(b) of this section to the obligor and shall 18,769
420
attach to the notice an additional notice requiring the obligor 18,770
immediately to notify the child support enforcement agency, in 18,771
writing, of any change in the obligor's income source and of the 18,772
availability of any other sources of income that can be the 18,774
subject of any withholding or deduction requirement described in 18,775
division (D) of this section. The court or agency shall serve 18,776
the notices upon the obligor at the same time as service of the 18,777
support order or, if the support order previously has been 18,778
issued, shall send the notices to the obligor by regular mail at 18,779
the last known address at the same time that it sends the notice 18,780
described in division (D)(1)(b) of this section to the payor. 18,781
The notification required of the obligor shall include a 18,782
description of the nature of any new employment or income source, 18,783
the name, business address, and telephone number of any new 18,784
employer or income source, and any other information reasonably 18,786
required by the court. No obligor shall fail to give the 18,787
notification required by division (D)(1)(c) of this section. 18,788
(2)(a) If the court or child support enforcement agency 18,790
determines that the obligor has funds on deposit in any account 18,791
in a financial institution under the jurisdiction of the court, 18,792
the court or agency may require any financial institution in 18,793
which the obligor's funds are on deposit to deduct from the 18,794
obligor's account a specified amount for support in satisfaction 18,795
of the support order, to begin the deduction no later than 18,796
fourteen working days following the date the notice was mailed to 18,797
the financial institution under divisions (A)(2) or (B) and 18,798
(D)(2)(b) of this section, to send the amount deducted to the 18,800
division of child support in the department of human JOB AND 18,801
FAMILY services pursuant to section 5101.325 of the Revised Code, 18,803
to send that amount to the division immediately but not later 18,805
than seven working days after the date the latest deduction was 18,807
made, to provide the date on which the amount was deducted, and 18,808
to continue the deduction at intervals specified in the notice 18,809
until further notice from the court or child support enforcement 18,810
421
agency. To the extent possible, the amount specified in the 18,812
notice to be deducted shall satisfy the amount ordered for 18,813
support in the support order plus any arrearages that may be owed 18,814
by the obligor under any prior support order that pertained to 18,815
the same child or spouse, notwithstanding the limitations of 18,816
sections 2329.66, 2329.70, and 2716.13 of the Revised Code. 18,817
(b) If the court or agency imposes a withholding 18,819
requirement under division (D)(2)(a) of this section, it, within 18,821
the applicable period of time specified in division (A), (B), or 18,822
(C) of this section, shall send to the financial institution by 18,823
regular mail a notice that contains all of the information set 18,824
forth in divisions (D)(2)(b)(i) to (viii) of this section. The 18,826
notice is final and is enforceable by the court. The notice 18,827
shall contain all of the following: 18,828
(i) The amount to be deducted from the obligor's account; 18,830
(ii) A statement that the financial institution is 18,832
required to send the amount deducted to the division of child 18,833
support immediately, but not later than seven working days, after 18,836
the date the last deduction was made and is required to report to 18,837
the child support enforcement agency the date on which the amount 18,838
was deducted from the obligor's account; 18,839
(iii) A statement that the deduction is binding upon the 18,841
financial institution until further notice from the court or 18,842
agency; 18,843
(iv) A statement that the withholding in accordance with 18,845
the notice and under the provisions of this section has priority 18,846
over any other legal process under the law of this state against 18,847
the same account; 18,848
(v) The date on which the notice was mailed and a 18,850
statement that the financial institution is required to implement 18,851
the deduction no later than fourteen working days following the 18,852
date the notice was mailed and is required to continue the 18,853
deduction at the intervals specified in the notice; 18,854
(vi) A requirement that the financial institution promptly 18,856
422
notify the child support enforcement agency, in writing, within 18,857
ten days after the date of any termination of the account from 18,858
which the deduction is being made and notify the agency, in 18,859
writing, of the opening of a new account at that financial 18,860
institution, the account number of the new account, the name of 18,861
any other known financial institutions in which the obligor has 18,862
any accounts, and the numbers of those accounts; 18,863
(vii) A requirement that the financial institution include 18,865
in all notices the obligor's last known mailing address, last 18,866
known residence address, and social security number; 18,867
(viii) A statement that, in addition to the amount 18,869
deducted for support, the financial institution may deduct a fee 18,870
from the obligor's account as a charge for its services in 18,871
complying with the notice and a specification of the amount that 18,872
may be deducted. 18,873
(c) The court or agency shall send the notice described in 18,875
division (D)(2)(b) of this section to the obligor and shall 18,876
attach to the notice an additional notice requiring the obligor 18,877
immediately to notify the child support enforcement agency, in 18,878
writing, of any change in the status of the account from which 18,879
the amount of support is being deducted or the opening of a new 18,880
account with any financial institution, of commencement of 18,881
employment, including self-employment, or of the availability of 18,882
any other sources of income that can be the subject of any 18,883
withholding or deduction requirement described in division (D) of 18,884
this section. The court or agency shall serve the notices upon 18,885
the obligor at the same time as service of the support order or, 18,886
if the support order previously has been issued, shall send the 18,887
notices to the obligor by regular mail at the last known address 18,888
at the same time that it sends the notice described in division 18,889
(D)(2)(b) of this section to the financial institution. The 18,891
additional notice also shall specify that upon commencement of 18,893
employment, the obligor may request the court or child support 18,894
enforcement agency to cancel its financial institution account 18,895
423
deduction notice and instead issue a notice requiring the
withholding of an amount from personal earnings for support in 18,897
accordance with division (D)(1) of this section and that upon
commencement of employment the court may cancel its financial 18,898
institution account deduction notice under division (D)(2)(b) of 18,900
this section and instead will issue a notice requiring the 18,901
withholding of an amount from personal earnings for support in 18,903
accordance with division (D)(1) of this section. The
notification required of the obligor shall include a description 18,904
of the nature of any new accounts opened at a financial 18,905
institution under the jurisdiction of the court, the name and 18,906
business address of that financial institution, a description of 18,907
the nature of any new employment or income source, the name, 18,908
business address, and telephone number of any new employer or 18,910
income source, and any other information reasonably required by 18,912
the court.
(3) The court may issue an order requiring the obligor to 18,914
enter into a cash bond with the court. The court shall issue the 18,915
order as part of the support order or, if the support order 18,916
previously has been issued, as a separate order. Any cash bond 18,917
so required shall be in a sum fixed by the court at not less than 18,918
five hundred nor more than ten thousand dollars, conditioned that 18,919
the obligor will make payment as previously ordered and will pay 18,920
any arrearages under any prior support order that pertained to 18,921
the same child or spouse. The order, along with an additional 18,922
order requiring the obligor to immediately notify the child 18,923
support enforcement agency, in writing, if the obligor begins to 18,924
receive income from a payor, shall be attached to, and shall be 18,926
served upon the obligor at the same time as service of, the 18,927
support order or, if the support order previously has been
issued, as soon as possible after the issuance of the order under 18,928
this division. The additional order also shall specify that when 18,929
the obligor begins to receive income from a payor the obligor may 18,931
request the court to cancel its bond order and instead issue a 18,932
424
notice requiring the withholding of an amount from income for 18,935
support in accordance with division (D)(1) of this section and 18,936
that when the obligor begins to receive income from a payor the 18,937
court will proceed to collect on the bond, if the court 18,938
determines that payments due under the support order have not 18,939
been made and that the amount that has not been paid is at least 18,940
equal to the support owed for one month under the support order, 18,941
and will issue a notice requiring the withholding of an amount 18,942
from income for support in accordance with division (D)(1) of 18,945
this section. The notification required of the obligor shall
include a description of the nature of any new employment, the 18,946
name and business address of any new employer, and any other 18,947
information reasonably required by the court. 18,948
The court shall not order an obligor to post a cash bond 18,950
under this division unless the court determines that the obligor 18,951
has the ability to do so. A child support enforcement agency 18,952
shall not issue an order of the type described in this division. 18,953
If a child support enforcement agency is required to issue a 18,954
withholding or deduction notice under division (D) of this 18,955
section but the agency determines that no notice of the type 18,956
described in division (D)(1) or (2) of this section would be 18,958
appropriate, the agency may request the court to issue a court 18,959
order under this division, and, upon the request, the court may 18,960
issue an order as described in this division. 18,961
(4) If the obligor is unemployed, has no income, and does 18,963
not have an account at any financial institution, or on request 18,964
of a child support enforcement agency made under section 3111.231 18,965
of the Revised Code, the court shall issue an order requiring the 18,967
obligor, if able to engage in employment, to seek employment or 18,968
participate in a work activity to which a recipient of assistance 18,969
under Title IV-A of the "Social Security Act," 49 Stat. 620 18,970
(1935), 42 U.S.C.A. 301, as amended, may be assigned as specified 18,971
in section 407(d) of the "Social Security Act," 42 U.S.C.A. 18,972
607(d), as amended. The court shall include in the order a 18,974
425
requirement that the obligor notify the child support enforcement 18,975
agency upon obtaining employment, upon obtaining any income, or 18,976
upon obtaining ownership of any asset with a value of five 18,977
hundred dollars or more. The court may issue the order 18,978
regardless of whether the obligee to whom the obligor owes
support is a recipient of assistance under Title IV-A of the 18,979
"Social Security Act." The court shall issue the order as part 18,981
of a support order or, if a support order previously has been 18,983
issued, as a separate order. If a child support enforcement 18,985
agency is required to issue a withholding or deduction notice 18,986
under division (D) of this section but the agency determines that 18,987
no notice of the type described in division (D)(1) or (2) of this 18,988
section would be appropriate, the agency may request the court to 18,990
issue a court order under division (D)(4) of this section, and, 18,991
upon the request, the court may issue an order as described in 18,993
division (D)(4) of this section.
If an obligor is ordered to participate in a work activity, 18,996
the child support enforcement agency of the county in which the 18,997
obligor resides shall oversee the obligor's participation in 18,998
accordance with rules the department DIRECTOR of human JOB AND 18,999
FAMILY services shall adopt in accordance with Chapter 119. of 19,000
the Revised Code. A child support enforcement agency may 19,001
contract with one or more governmental agencies or persons to 19,002
carry out some or all of its oversight duties. 19,003
(E) If a court or child support enforcement agency is 19,005
required under division (A), (B), or (C) of this section or any 19,006
other section of the Revised Code to issue one or more notices or 19,007
court orders described in division (D) of this section, the court 19,008
or agency to the extent possible shall issue a sufficient number 19,009
of notices or court orders under division (D) of this section to 19,010
provide that the aggregate amount withheld or deducted under 19,011
those notices or court orders satisfies the amount ordered for 19,012
support in the support order plus any arrearages that may be owed 19,013
by the obligor under any prior support order that pertained to 19,014
426
the same child or spouse, notwithstanding any applicable 19,015
limitations of sections 2329.66, 2329.70, 2716.02, 2716.041, 19,017
2716.05, 2716.13, and 4123.67 of the Revised Code. However, in 19,019
no case shall the aggregate amount withheld pursuant to a
withholding notice issued under division (D)(1) of this section 19,021
and any fees withheld pursuant to the notice as a charge for 19,022
services exceed the maximum amount permitted under section 303(b) 19,023
of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b). 19,024
(F)(1) Any withholding or deduction requirement that is 19,026
contained in a notice described in division (D) of this section 19,027
and that is required to be issued by division (A), (B), or (C) of 19,028
this section or any other section of the Revised Code has 19,029
priority over any order of attachment, any order in aid of 19,030
execution, and any other legal process issued under state law 19,031
against the same earnings, payments, or account. 19,032
(2) When a payor receives two or more withholding notices 19,034
that are described in division (D)(1) of this section and that 19,036
are required to be issued by division (A), (B), or (C) of this 19,037
section or any other section of the Revised Code, the payor shall 19,040
comply with all of the requirements contained in the notices to 19,041
the extent that the total amount withheld from the obligor's 19,042
income does not exceed the maximum amount permitted under section 19,044
303(b) of the "Consumer Credit Protection Act," 15 U.S.C. 19,045
1673(b), withhold amounts in accordance with the allocation set 19,046
forth in divisions (F)(2)(a) and (b) of this section, notify each 19,047
court or child support enforcement agency that issued one of the 19,048
notices of the allocation, and give priority to amounts 19,049
designated in each notice as current support in the following 19,050
manner:
(a) If the total of the amounts designated in the notices 19,052
as current support exceeds the amount available for withholding 19,053
under section 303(b) of the "Consumer Credit Protection Act," 15 19,054
U.S.C. 1673(b), the payor shall allocate to each notice an amount 19,055
for current support equal to the amount designated in that notice 19,057
427
as current support multiplied by a fraction in which the 19,058
numerator is the amount of income available for withholding and 19,059
the denominator is the total amount designated in all of the 19,060
notices as current support.
(b) If the total of the amounts designated in the notices 19,062
as current support does not exceed the amount available for 19,063
withholding under section 303(b) of the "Consumer Credit 19,064
Protection Act," 15 U.S.C. 1673(b), the payor shall pay all of 19,066
the amounts designated as current support in the notices and 19,067
shall allocate to each notice an amount for past-due support 19,068
equal to the amount designated in that notice as past-due support 19,069
multiplied by a fraction in which the numerator is the amount of 19,070
income remaining available for withholding after the payment of 19,072
current support and the denominator is the total amount 19,073
designated in all of the notices as past-due support. 19,074
(G)(1) Except when a provision specifically authorizes or 19,076
requires service other than as described in this division, 19,077
service of any notice on any party, a financial institution, or 19,079
payor, for purposes of division (A), (B), (C), or (D) of this 19,081
section, shall be made by ordinary first class mail directed to 19,082
the addressee at the last known address, or, in the case of a 19,083
corporation, at its usual place of doing business. A notice 19,084
shall be considered to have been served when it is mailed. 19,085
(2) Each party to a support order shall notify the child 19,087
support enforcement agency of the party's current mailing 19,088
address, current residence address, current residence telephone 19,090
number, and current driver's license number, at the time of the 19,091
issuance or modification of the order and, until further notice 19,092
of the court that issues the order, shall notify the agency of 19,093
any change in that information immediately after the change 19,094
occurs. Any willful failure to comply with this division is 19,096
contempt of court. No person shall fail to give the notice 19,097
required by division (G)(2) of this section.
(3) Each support order, or modification of a support 19,099
428
order, that is subject to this section shall contain a notice 19,101
that states the following in boldfaced type and in all capital 19,102
letters:
"EACH PARTY TO THIS SUPPORT ORDER MUST NOTIFY THE CHILD 19,105
SUPPORT ENFORCEMENT AGENCY IN WRITING OF HIS OR HER CURRENT 19,106
MAILING ADDRESS, CURRENT RESIDENCE ADDRESS, CURRENT RESIDENCE 19,107
TELEPHONE NUMBER, CURRENT DRIVER'S LICENSE NUMBER, AND OF ANY 19,108
CHANGES IN THAT INFORMATION. EACH PARTY MUST NOTIFY THE AGENCY 19,109
OF ALL CHANGES UNTIL FURTHER NOTICE FROM THE COURT. IF YOU ARE 19,110
THE OBLIGOR UNDER A CHILD SUPPORT ORDER AND YOU FAIL TO MAKE THE 19,111
REQUIRED NOTIFICATIONS YOU MAY BE FINED UP TO $50 FOR A FIRST 19,112
OFFENSE, $100 FOR A SECOND OFFENSE, AND $500 FOR EACH SUBSEQUENT 19,114
OFFENSE. IF YOU ARE AN OBLIGOR OR OBLIGEE UNDER ANY SUPPORT
ORDER AND YOU WILLFULLY FAIL TO MAKE THE REQUIRED NOTIFICATIONS 19,115
YOU MAY BE FOUND IN CONTEMPT OF COURT AND BE SUBJECTED TO FINES 19,117
UP TO $1,000 AND IMPRISONMENT FOR NOT MORE THAN 90 DAYS. 19,118
IF YOU ARE AN OBLIGOR AND YOU FAIL TO MAKE THE REQUIRED 19,120
NOTIFICATIONS YOU MAY NOT RECEIVE NOTICE OF THE FOLLOWING 19,121
ENFORCEMENT ACTIONS AGAINST YOU: IMPOSITION OF LIENS AGAINST 19,122
YOUR PROPERTY; LOSS OF YOUR PROFESSIONAL OR OCCUPATIONAL LICENSE, 19,124
DRIVER'S LICENSE, OR RECREATIONAL LICENSE; WITHHOLDING FROM YOUR 19,125
INCOME; ACCESS RESTRICTION AND DEDUCTION FROM YOUR ACCOUNTS IN
FINANCIAL INSTITUTIONS; AND ANY OTHER ACTION PERMITTED BY LAW TO 19,126
OBTAIN MONEY FROM YOU TO SATISFY YOUR SUPPORT OBLIGATION." 19,127
(4)(a) The parent who is the residential parent and legal 19,129
custodian of a child for whom a support order is issued or the 19,130
person who otherwise has custody of a child for whom a support 19,131
order is issued immediately shall notify, and the obligor under a 19,132
support order may notify, the child support enforcement agency of 19,133
any reason for which the support order should terminate, 19,134
including, but not limited to, the child's attainment of the age 19,135
of majority if the child no longer attends an accredited high 19,136
school on a full-time basis and the support order does not 19,137
provide for the duty of support to continue past the age of 19,138
429
majority; the child ceasing to attend such a high school on a 19,139
full-time basis after attaining the age of majority, if the 19,141
support order does not provide for the duty of support to
continue past the age of majority; or the death, marriage, 19,142
emancipation, enlistment in the armed services, deportation, or 19,143
change of legal or physical custody of the child. A willful 19,144
failure to notify the child support enforcement agency as 19,145
required by this division is contempt of court. Upon receipt of 19,146
a notice pursuant to this division, the agency immediately shall 19,147
conduct an investigation to determine if any reason exists for 19,148
which the support order should terminate. The agency may conduct 19,149
such an investigation regardless of whether it received notice 19,150
under this division. If the agency determines the order should 19,151
terminate, it immediately shall notify the court that issued the 19,152
support order of the reason for which the support order should 19,153
terminate.
(b) Upon receipt of a notice given pursuant to division 19,155
(G)(4)(a) of this section, the court shall order the division of 19,156
child support to impound any funds received for the child 19,158
pursuant to the support order and the court shall set the case 19,160
for a hearing for a determination of whether the support order 19,161
should be terminated or modified or whether the court should take 19,162
any other appropriate action.
(c) If the court terminates a support order pursuant to 19,164
divisions (G)(4)(a) and (b) of this section, the termination of 19,165
the support order also terminates any withholding or deduction 19,166
order as described in division (D) or (H) of this section issued 19,167
prior to December 31, 1993, and any withholding or deduction 19,169
notice as described in division (D) or court order as described 19,170
in division (D)(3), (D)(4), or (H) of this section issued on or 19,172
after December 31, 1993. Upon the termination of any withholding 19,173
or deduction order or any withholding or deduction notice, the 19,174
court immediately shall notify the appropriate child support 19,175
enforcement agency that the order or notice has been terminated, 19,176
430
and the agency immediately shall notify each payor or financial 19,177
institution required to withhold or deduct a sum of money for the 19,179
payment of support under the terminated withholding or deduction 19,180
order or notice that the order or notice has been terminated and 19,181
that it is required to cease all withholding or deduction under 19,182
the order or notice. 19,183
(d) The department DIRECTOR of human JOB AND FAMILY 19,186
services shall adopt rules that provide for both of the 19,187
following:
(i) The return to the appropriate person of any funds that 19,189
a court has ordered impounded under division (G)(4)(b) of this 19,190
section if the support order under which the funds were paid has 19,191
been terminated pursuant to divisions (G)(4)(a) and (b) of this 19,192
section; 19,193
(ii) The return to the appropriate person of any other 19,195
payments made pursuant to a support order if the payments were 19,196
made at any time after the support order under which the funds 19,197
were paid has been terminated pursuant to divisions (G)(4)(a) and 19,198
(b) of this section. 19,199
(5) If any party to a support order requests a 19,201
modification of the order or if any obligee under a support order 19,202
or any person on behalf of the obligee files any action to 19,203
enforce a support order, the court shall notify the child support 19,204
enforcement agency that is administering the support order or 19,205
that will administer the order after the court's determination of 19,206
the request or the action, of the request or the filing. 19,207
(6) When a child support enforcement agency receives any 19,209
notice under division (G) of section 2151.23, section 2301.37, 19,210
division (E) of section 3105.18, division (C) of section 3105.21, 19,211
division (A) of section 3109.05, division (F) of section 3111.13, 19,212
division (B) of section 3113.04, section 3113.21, section 19,213
3113.211, section 3113.212, division (K) of section 3113.31, or 19,214
division (C)(3) of section 3115.31 of the Revised Code, it shall 19,216
issue the most appropriate notices under division (D) of this 19,217
431
section. Additionally, it shall do all of the following: 19,218
(a) If the obligor is subject to a withholding notice 19,220
issued under division (D)(1) of this section and the notice 19,221
relates to the obligor's change of employment, send a withholding 19,222
notice under that division to the new employer of the obligor as 19,223
soon as the agency obtains knowledge of that employer; 19,224
(b) If the notification received by the agency specifies 19,226
that a lump-sum payment of one hundred fifty dollars or more is 19,228
to be paid to the obligor, notify the court of the receipt of the 19,229
notice and its contents. The agency may notify the court if the 19,231
notification specifies that a lump-sum payment of less than one 19,232
hundred fifty dollars is to be paid to the obligor. 19,233
(c) Comply with section 3113.212 of the Revised Code, as 19,235
appropriate. 19,236
(H)(1)(a) For purposes of division (D)(1) of this section, 19,238
when a person who fails to comply with a support order that is 19,239
subject to that division derives income from self-employment or 19,240
commission, is employed by an employer not subject to the 19,241
jurisdiction of the court, or is in any other employment 19,242
situation that makes the application of that division 19,243
impracticable, the court may require the person to enter into a 19,244
cash bond to the court in a sum fixed by the court at not less 19,245
than five hundred nor more than ten thousand dollars, conditioned 19,246
that the person will make payment as previously ordered. 19,247
(b) When a court determines at a hearing conducted under 19,249
division (B) of this section, or a child support enforcement 19,250
agency determines at a hearing or pursuant to an investigation 19,251
conducted under division (B) of this section, that the obligor 19,252
under the order in relation to which the hearing or investigation 19,253
is conducted is unemployed and has no other source of income and 19,254
no assets so that the application of divisions (B) and (D) of 19,255
this section would be impracticable, the court shall issue an 19,256
order as described in division (D)(4) of this section and shall 19,258
order the obligor to notify the child support enforcement agency 19,259
432
in writing immediately of the receipt of any source of income or 19,261
of the opening of an account in a financial institution, and to 19,262
include in the notification a description of the nature of the 19,263
employment or income source, the name, business address, and
telephone number of the employer or income source, and any other 19,264
information reasonably required by the court. 19,265
(2) When a court determines, at a hearing conducted under 19,267
division (C)(2) of this section, that an obligor is unemployed, 19,268
is not receiving workers' compensation payments, does not have an 19,269
account in a financial institution, and has no other source of 19,270
income and no assets so that the application of divisions (C)(2) 19,271
and (D) of this section would be impracticable, the court shall 19,272
issue an order as described in division (D)(4) of this section 19,273
and shall order the obligor to notify the child support 19,274
enforcement agency, in writing, immediately of the receipt of any 19,275
source of income or of the opening of an account in a financial 19,276
institution, and to include in the notification a description of 19,277
the nature of the employment or income source, the name, business 19,278
address, and telephone number of the employer or income source or 19,280
the name, address, and telephone number of the financial 19,281
institution, and any other information reasonably required by the 19,282
court. 19,283
(3)(a) Upon receipt of a notice from a child support 19,285
enforcement agency under division (G)(6) of this section that a 19,286
lump-sum payment is to be paid to the obligor, the court shall do 19,288
either of the following:
(i) If the obligor is in default under the support order 19,290
or has any unpaid arrearages under the support order, issue an 19,291
order requiring the transmittal of the lump-sum payment to the 19,292
division of child support. 19,293
(ii) If the obligor is not in default under the support 19,295
order and does not have any unpaid arrearages under the support 19,296
order, issue an order directing the person who gave the notice to 19,297
the court to immediately pay the full amount of the lump-sum 19,298
433
payment to the obligor. 19,299
(b) Upon receipt of any moneys pursuant to division 19,301
(H)(3)(a) of this section, the division of child support shall 19,303
pay the amount of the lump-sum payment that is necessary to
discharge all of the obligor's arrearages to the obligee and, 19,304
within two business days after its receipt of the money, any 19,305
amount that is remaining after the payment of the arrearages to 19,306
the obligor. 19,307
(c) Any court that issued an order prior to December 1, 19,309
1986, requiring an employer to withhold an amount from an 19,310
obligor's personal earnings for the payment of support shall 19,311
issue a supplemental order that does not change the original 19,312
order or the related support order requiring the employer to do 19,313
all of the following: 19,314
(i) No later than the earlier of forty-five days before a 19,316
lump-sum payment is to be made or, if the obligor's right to a 19,317
lump-sum payment is determined less than forty-five days before 19,318
it is to be made, the date on which that determination is made, 19,319
notify the child support enforcement agency of any lump-sum 19,320
payment of any kind of one hundred fifty dollars or more that is 19,322
to be paid to the obligor; 19,323
(ii) Hold the lump-sum payment for thirty days after the 19,325
date on which it would otherwise be paid to the obligor, if the 19,326
lump-sum payment is sick pay, a lump-sum payment of retirement 19,327
benefits or contributions, or profit-sharing payments or 19,328
distributions; 19,329
(iii) Upon order of the court, pay any specified amount of 19,331
the lump-sum payment to the division of child support. 19,332
(d) If an employer knowingly fails to notify the child 19,334
support enforcement agency in accordance with division (D) of 19,335
this section of any lump-sum payment to be made to an obligor, 19,336
the employer is liable for any support payment not made to the 19,337
obligee as a result of its knowing failure to give the notice as 19,338
required by that division. 19,339
434
(I)(1) Any support order, or modification of a support 19,341
order, that is subject to this section shall contain the date of 19,342
birth and social security number of the obligor. 19,343
(2) No withholding or deduction notice described in 19,345
division (D) or court order described in division (D)(3) or (4) 19,347
of this section shall contain any information other than the
information specifically required by division (A), (B), (C), or 19,348
(D) of this section or by any other section of the Revised Code 19,349
and any additional information that the issuing court determines 19,350
may be necessary to comply with the notice. 19,351
(J) No withholding or deduction notice described in 19,353
division (D) or court order described in division (D)(3) or (4) 19,355
of this section and issued under division (A), (B), or (C) of
this section or any other section of the Revised Code shall be 19,356
terminated solely because the obligor pays any part or all of the 19,358
arrearages under the support order.
(K)(1) Except as provided in division (K)(2) of this 19,360
section and section 2301.42 of the Revised Code and the rules 19,361
adopted pursuant to division (C) of that section, if child 19,362
support arrearages are owed by an obligor to the obligee and to 19,363
the department of human JOB AND FAMILY services, any payments 19,364
received on the arrearages by the division of child support first 19,366
shall be paid to the obligee until the arrearages owed to the 19,367
obligee are paid in full. 19,368
(2) Division (K)(1) of this section does not apply to the 19,370
collection of past-due child support from refunds of paid federal 19,371
taxes pursuant to section 5101.32 of the Revised Code or of 19,372
overdue child support from refunds of paid state income taxes 19,373
pursuant to sections 5101.321 and 5747.121 of the Revised Code. 19,374
(L)(1) Each court with jurisdiction to issue support 19,376
orders or orders establishing the existence or nonexistence of a 19,377
parent and child relationship shall establish rules of court to 19,378
ensure that the following percentage of all actions to establish 19,379
the existence or nonexistence of a parent and child relationship, 19,380
435
to establish a support requirement, or to modify a previously 19,381
issued support order be completed within the following time 19,382
limits:
(a) Seventy-five per cent of all of the actions shall be 19,384
completed within six months after they were initially filed; 19,386
(b) Ninety per cent of all of the actions shall be 19,388
completed within twelve months after they were initially filed. 19,390
(2) If a case involves complex legal issues requiring full 19,392
judicial review, the court shall issue a temporary support order 19,393
within the time limits set forth in division (L)(1) of this 19,394
section, which temporary order shall be in effect until a final 19,395
support order is issued in the case. All cases in which the 19,396
imposition of a notice or order under division (D) of this 19,397
section is contested shall be completed within the period of time 19,398
specified by law for completion of the case. The failure of a 19,399
court to complete a case within the required period does not 19,400
affect the ability of any court to issue any order under this 19,401
section or any other section of the Revised Code for the payment 19,402
of support, does not provide any defense to any order for the 19,403
payment of support that is issued under this section or any other 19,404
section of the Revised Code, and does not affect any obligation 19,405
to pay support. 19,406
(3)(a) In any Title IV-D case, the judge, when necessary 19,408
to satisfy the federal requirement of expedited process for 19,409
obtaining and enforcing support orders, shall appoint magistrates 19,411
to make findings of fact and recommendations for the judge's 19,412
approval in the case. All magistrates appointed pursuant to this 19,414
division shall be attorneys admitted to the practice of law in 19,415
this state. If the court appoints a magistrate pursuant to this 19,416
division, the court may appoint any additional administrative and 19,417
support personnel for the magistrate. 19,418
(b) Any magistrate appointed pursuant to division 19,420
(L)(3)(a) of this section may perform any of the following 19,422
functions:
436
(i) The taking of testimony and keeping of a record in the 19,424
case; 19,425
(ii) The evaluation of evidence and the issuance of 19,427
recommendations to establish, modify, and enforce support orders; 19,428
(iii) The acceptance of voluntary acknowledgments of 19,430
support liability and stipulated agreements setting the amount of 19,431
support to be paid; 19,432
(iv) The entering of default orders if the obligor does 19,434
not respond to notices in the case within a reasonable time after 19,435
the notices are issued; 19,436
(v) Any other functions considered necessary by the court. 19,438
(4) The child support enforcement agency may conduct 19,440
administrative reviews of support orders to obtain voluntary 19,441
notices or court orders under division (D) of this section and to 19,442
correct any errors in the amount of any arrearages owed by an 19,443
obligor. The obligor and the obligee shall be notified of the 19,444
time, date, and location of the administrative review at least 19,445
fourteen days before it is held. 19,446
(M)(1) The termination of a support obligation or a 19,448
support order does not abate the power of any court to collect 19,449
overdue and unpaid support or to punish any person for a failure 19,451
to comply with an order of the court or to pay any support as 19,452
ordered in the terminated support order and does not abate the 19,453
authority of a child support enforcement agency to issue, in 19,454
accordance with this section, any notice described in division 19,455
(D) of this section or of a court to issue, in accordance with 19,456
this section, any court order as described in division (D)(3) or 19,457
(4) of this section to collect any support due or arrearage under 19,458
the support order. 19,460
(2) Any court that has the authority to issue a support 19,462
order shall have all powers necessary to enforce that support 19,463
order, and all other powers, set forth in this section. 19,464
(3) Except as provided in division (M)(4) of this section, 19,466
a court may not retroactively modify an obligor's duty to pay a 19,467
437
delinquent support payment. 19,468
(4) A court with jurisdiction over a support order may 19,470
modify an obligor's duty to pay a support payment that becomes 19,471
due after notice of a petition to modify the support order has 19,472
been given to each obligee and to the obligor before a final 19,473
order concerning the petition for modification is entered. 19,474
(N) If an obligor is in default under a support order and 19,476
has a claim against another person of more than one thousand 19,477
dollars, the obligor shall notify the child support enforcement 19,478
agency of the claim, the nature of the claim, and the name of the 19,479
person against whom the claim exists. If an obligor is in 19,480
default under a support order and has a claim against another 19,481
person or is a party in an action for any judgment, the child 19,482
support enforcement agency or the agency's attorney, on behalf of 19,483
the obligor, immediately shall file with the court in which the 19,484
action is pending a motion to intervene in the action or a 19,485
creditor's bill. The motion to intervene shall be prepared and 19,486
filed pursuant to Civil Rules 5 and 24(A) and (C). 19,487
Nothing in this division shall preclude an obligee from 19,489
filing a motion to intervene in any action or a creditor's bill. 19,490
(O) If an obligor is receiving unemployment compensation 19,492
benefits, an amount may be deducted from those benefits for 19,493
purposes of child support, in accordance with section 2301.371 19,494
and division (D)(4) of section 4141.28 of the Revised Code. Any 19,495
deduction from a source in accordance with those provisions is in 19,496
addition to, and does not preclude, any withholding or deduction 19,497
for purposes of support under divisions (A) to (N) of this 19,498
section. 19,499
(P) As used in this section, and in sections 3113.211 to 19,501
3113.219 of the Revised Code: 19,502
(1) "Financial institution" means a bank, savings and loan 19,504
association, or credit union, or a regulated investment company 19,505
or mutual fund in which a person who is required to pay child 19,506
support has funds on deposit that are not exempt under the law of 19,507
438
this state or the United States from execution, attachment, or 19,508
other legal process. 19,509
(2) "Title IV-D case" means any case in which the child 19,511
support enforcement agency is enforcing the child support order 19,512
pursuant to Title IV-D of the "Social Security Act," 88 Stat. 19,513
2351 (1975), 42 U.S.C. 651, as amended. 19,514
(3) "Obligor" means the person who is required to pay 19,516
support under a support order. 19,517
(4) "Obligee" means the person who is entitled to receive 19,519
the support payments under a support order. 19,520
(5) "Support order" means an order for the payment of 19,522
support and, for orders issued or modified on or after December 19,523
31, 1993, includes any notices described in division (D) or (H) 19,524
of this section that are issued in accordance with this section. 19,525
(6) "Support" means child support, spousal support, and 19,527
support for a spouse or former spouse. 19,528
(7) "Personal earnings" means compensation paid or payable 19,530
for personal services, however denominated, and includes, but is 19,531
not limited to, wages, salary, commissions, bonuses, draws 19,532
against commissions, profit sharing, and vacation pay. 19,533
(8) "Default" has the same meaning as in section 2301.34 19,535
of the Revised Code. 19,536
(9) "Payor" means any person or entity that pays or 19,539
distributes income to an obligor, including the obligor, if the 19,540
obligor is self employed; an employer; an employer that is paying 19,541
the obligor's workers' compensation benefits; the public 19,542
employees retirement board; the board of trustees, or other 19,543
governing entity of a municipal retirement system; the board of 19,544
trustees of the Ohio police and fire pension fund; the state 19,545
teachers retirement board; the school employees retirement board; 19,547
the state highway patrol retirement board; the bureau of workers' 19,548
compensation; or any other person or entity, except the bureau 19,550
DEPARTMENT of employment JOB AND FAMILY services with respect to 19,551
unemployment compensation benefits paid pursuant to Chapter 4141. 19,552
439
of the Revised Code.
(Q) As used in this section, "income" means any form of 19,555
monetary payment, including personal earnings; workers' 19,556
compensation payments; unemployment compensation benefits to the 19,558
extent permitted by, and in accordance with, section 2301.371 of
the Revised Code, division (D)(4) of section 4141.28 of the 19,559
Revised Code, and federal law governing the bureau DEPARTMENT of 19,560
employment JOB AND FAMILY services; pensions; annuities; 19,561
allowances; private or governmental retirement benefits; 19,563
disability or sick pay; insurance proceeds; lottery prize awards; 19,564
federal, state, or local government benefits to the extent that 19,565
the benefits can be withheld or deducted under the law governing 19,566
the benefits; any form of trust fund or endowment; lump-sum 19,567
payments; and any other payment in money. 19,568
Sec. 3113.211. (A)(1) For purposes of this section, a 19,577
withholding or deduction order that was issued prior to December 19,578
31, 1993, under division (D)(1), (2), (3), (4), or (5) of section 19,579
3113.21 of the Revised Code as the division existed prior to that 19,580
date and that has not been terminated on or after December 31, 19,581
1993, shall be considered to be a withholding or deduction notice 19,582
issued under division (D)(1) or (2) of section 3113.21 of the 19,585
Revised Code.
(2) A payor ordered to withhold a specified amount from 19,588
the income of an employee under a withholding notice issued under 19,590
division (A), (B), (C), or (D)(1) of section 3113.21 of the 19,591
Revised Code for purposes of support also may deduct from the 19,592
income of the person, in addition to the amount withheld for 19,594
purposes of support, a fee of two dollars or an amount not to 19,595
exceed one per cent of the amount withheld for purposes of 19,596
support, whichever is greater, as a charge for its services in 19,597
complying with the withholding requirement included in the 19,598
withholding notice. A financial institution required to deduct 19,599
funds from an account under a deduction notice issued under 19,600
division (D)(2) of section 3113.21 of the Revised Code for 19,602
440
purposes of support may deduct from the account of the person, in 19,603
addition to the amount deducted for purposes of support, a fee of 19,604
five dollars or an amount not to exceed the lowest rate that it 19,605
charges, if any, for a debit transaction in a similar account, 19,606
whichever is less, as a charge for its service in complying with 19,607
the deduction requirement included in the deduction notice. 19,608
The entire amount withheld or deducted pursuant to a 19,610
withholding or deduction notice issued under division (D) of 19,611
section 3113.21 of the Revised Code for purposes of support shall 19,612
be forwarded to the division of child support in the department 19,613
of human JOB AND FAMILY services immediately, but not later than 19,615
seven working days after, the withholding or deduction, as 19,616
directed in the withholding or deduction notice. 19,617
(B) If a payor or financial institution is required to 19,619
withhold or deduct a specified amount from the income or savings 19,620
of more than one obligor under a withholding or deduction notice 19,622
issued under division (D) of section 3113.21 of the Revised Code 19,623
and is required to forward the amounts withheld or deducted to 19,624
the division of child support, the payor or the financial 19,625
institution may combine all of the amounts to be forwarded in one 19,627
payment, provided the payment is accompanied by a list that 19,628
clearly identifies each obligor who is covered by the payment and 19,629
the portion of the payment that is attributable to that obligor. 19,630
(C) Upon receipt of any amount forwarded from a payor or 19,633
financial institution the division of child support shall 19,634
distribute the amount to the obligee within two business days of 19,636
its receipt of the amount forwarded. The department DIRECTOR of 19,637
human JOB AND FAMILY services may adopt, revise, or amend rules 19,639
under Chapter 119. of the Revised Code to assist in the 19,640
implementation of this division. 19,641
(D) A payor or financial institution shall not be subject 19,643
to criminal or civil liability for compliance, in accordance with 19,644
this section, with a withholding or deduction notice issued 19,645
pursuant to division (D) of section 3113.21 of the Revised Code. 19,646
441
Sec. 3113.212. (A) When a court has issued a support 19,655
order, when the court or a child support enforcement agency has 19,656
issued one or more notices containing one or more of the 19,657
requirements described in division (D) of section 3113.21 of the 19,658
Revised Code or when a court has issued one or more court orders 19,659
described in division (D)(3) or (4) of that section, and when 19,661
either the child support enforcement agency receives a 19,662
notification as described in division (D), (G), or (H) of section 19,663
3113.21 of the Revised Code that pertains to a change in the 19,664
source of income or status of accounts in a financial institution 19,666
of the obligor or the child support enforcement agency otherwise 19,667
determines that the source of income or status of accounts in a 19,668
financial institution of the obligor has changed, the child 19,669
support enforcement agency immediately shall conduct an 19,670
investigation to determine the obligor's present source of income 19,671
or assets, and the obligor's address and social security number 19,672
and shall issue one or more notices described in division (D) of 19,673
section 3113.21 of the Revised Code that it determines are 19,674
appropriate. If the agency determines that no notice of the type 19,675
described in division (D)(1) or (2) of that section would be 19,677
appropriate, the agency may request the court to issue a court 19,678
order under division (D)(3) or (4) of that section, and, upon the 19,680
request, the court may issue an order as described in that 19,681
division. The notices and court orders are final and are 19,682
enforceable by the court. The notices shall be mailed within 19,683
fifteen days after the obligor under the support order is located 19,684
or within fifteen days after the default under the support order, 19,685
whichever is applicable.
If the court or child support enforcement agency previously 19,687
has issued one or more notices containing one or more of the 19,688
requirements described in division (D) of section 3113.21 of the 19,689
Revised Code or the court previously has issued one or more court 19,690
orders described in division (D)(3) or (4) of that section and 19,692
the child support enforcement agency determines that any of the 19,693
442
requirements or court orders no longer are appropriate due to the 19,694
change, the agency immediately shall cancel any previously issued 19,695
notice, and the court shall cancel any previously issued court 19,696
order that no longer is appropriate, the agency shall send 19,697
written notice of the cancellation by regular mail to the person 19,698
who was required to comply with the withholding, deduction, or 19,699
other requirement contained in the canceled notice or court 19,700
order, and the agency shall issue one or more new notices 19,701
containing one or more requirements described in division (D) of 19,702
section 3113.21 of the Revised Code that it determines are 19,703
appropriate. If the agency determines that no notice of the type 19,704
described in division (D)(1) or (2) of that section would be 19,706
appropriate, the agency may request the court to issue a court 19,707
order under division (D)(3) or (4) of that section, and, upon the 19,709
request, the court may issue an order as described in that 19,710
division. The notices and court orders are final and are 19,711
enforceable by the court. The notices shall be mailed within 19,712
fifteen days after the obligor under the support order is located 19,713
or within fifteen days after the default under the support order, 19,714
whichever is applicable. 19,715
(B) When a court or child support enforcement agency has 19,717
issued one or more notices containing one or more of the 19,718
requirements described in division (D) of section 3113.21 of the 19,720
Revised Code requiring withholding by a payor that is not an 19,721
employer or requiring deduction by a financial institution or a
court has issued one or more court orders described in division 19,723
(D)(3) or (4) of that section and the agency is informed that the 19,725
obligor has commenced employment, the agency shall issue a notice 19,726
requiring the withholding of an amount from the person's personal 19,727
earnings for support, in accordance with division (D)(1) of 19,728
section 3113.21 of the Revised Code. The notice is final and is 19,729
enforceable by the court. Additionally, if the court or agency 19,730
determines that payments due under the support order have not 19,731
been made and that the amount that has not been paid is at least 19,732
443
equal to the support owed for one month under the support order, 19,733
the court shall proceed to collect on any cash bond and shall 19,734
order it paid to the division of child support in the department 19,735
of human JOB AND FAMILY services.
(C) If a child support enforcement agency sends a notice 19,737
imposing a withholding or deduction requirement or a court sends 19,738
a court order imposing any other appropriate requirement to a 19,739
person under division (A) or (B) of this section, the notice or 19,740
court order, for purposes of sections 3113.21 to 3113.219 of the 19,741
Revised Code, also shall be considered to have been issued under 19,742
division (D) of section 3113.21 of the Revised Code. The notice 19,743
or court order is final and is enforceable by the court. 19,744
(D) If a child support enforcement agency sends a notice 19,746
imposing a withholding or deduction requirement or any other 19,747
appropriate requirement to a person under division (A) or (B) of 19,748
this section or under section 3113.21 of the Revised Code and if 19,749
the payor or financial institution that is sent the withholding, 19,751
deduction, or other appropriate notice fails to comply with the 19,752
notice, the child support enforcement agency shall request the 19,753
court to issue a court order requiring the payor or financial 19,754
institution to comply with the withholding, deduction, or other 19,755
appropriate notice sent by the agency immediately or be held in 19,756
contempt of court. If the court issues the requested order and 19,757
if the payor or financial institution does not comply with the 19,759
withholding, deduction, or other appropriate order of the agency 19,760
that is the subject of the court order immediately, it is in 19,761
contempt of court. 19,762
Sec. 3113.213. (A)(1) For purposes of this section, a 19,771
withholding or deduction order that was issued prior to December 19,772
31, 1993, under division (D)(1), (2), (4), or (5) of section 19,773
3113.21 of the Revised Code as the division existed prior to that 19,774
date and that has not been terminated on or after December 31, 19,775
1993, shall be considered to be a withholding or deduction notice 19,776
issued under division (D)(1) or (2) of section 3113.21 of the 19,779
444
Revised Code.
(2) The failure of any person to send any notification 19,781
required by division (D) or (H) of section 3113.21 of the Revised 19,782
Code shall be considered as contempt of court. 19,783
(B) A payor that fails to withhold an amount from an 19,786
obligor's income for support in accordance with a withholding 19,789
requirement included in a withholding notice issued under 19,790
division (D)(1) of section 3113.21 of the Revised Code or a
financial institution that fails to deduct funds from an 19,791
obligor's account for support in accordance with a deduction 19,792
requirement included in a deduction notice issued under division 19,793
(D)(2) of section 3113.21 of the Revised Code is liable for the 19,795
amount that was not withheld or deducted, provided that no payor 19,796
that is an employer whose normal pay and disbursement cycles make 19,797
it impossible to comply with a withholding requirement contained 19,798
in a withholding notice issued under division (D)(1) of section 19,799
3113.21 of the Revised Code shall be liable for the amount not 19,800
withheld if the employer, as soon as possible after the 19,801
employer's receipt of the withholding notice, provides the court 19,802
or child support enforcement agency that issued the notice with 19,803
written notice of the impossibility and the reasons for the 19,804
impossibility. An employer who is liable under this provision 19,805
for an amount that was not withheld shall be ordered by the court 19,806
to pay that amount to the division of child support in the 19,809
department of human JOB AND FAMILY services, to be disbursed in 19,810
accordance with the support order for the benefit of the child or 19,811
spouse.
(C) The court may fine a payor not more than two hundred 19,814
dollars for failure to withhold income or to notify the court or 19,816
child support enforcement agency that a situation has occurred 19,817
causing the payor to cease paying income in an amount sufficient 19,819
to comply with the order to the obligor, or, in cases in which 19,820
the obligor is an employer, the obligor is receiving or is 19,821
eligible to receive a benefit of employment other than personal 19,822
445
earnings, as required by a withholding notice issued under 19,823
division (D)(1) of section 3113.21 of the Revised Code. The 19,824
court may fine a financial institution not more than two hundred 19,825
dollars for failure to deduct funds from an account or to notify 19,826
the court or child support enforcement agency of the termination 19,827
of an account from which funds are being deducted or the opening 19,828
of a new account, as required by a deduction notice issued under 19,829
division (D)(2) of section 3113.21 of the Revised Code. 19,830
(D) No payor that is an employer may use a requirement to 19,832
withhold personal earnings contained in a withholding notice 19,834
issued under division (D)(1) of section 3113.21 of the Revised 19,835
Code, as a basis for a discharge of, or for any disciplinary 19,836
action against, an employee, or as a basis for a refusal to 19,837
employ a person. The court may fine an employer who so 19,838
discharges or takes disciplinary action against an employee, or 19,839
refuses to employ a person, not more than five hundred dollars. 19,840
Sec. 3113.214. (A) For the purposes of this section, 19,849
"access restriction" means that funds may not be withdrawn or 19,850
transferred.
(B) If, as a result of information obtained pursuant to an 19,853
agreement under section 5101.315 of the Revised Code, the 19,855
division of child support in the department of human JOB AND 19,856
FAMILY services finds or receives notice that identifies an 19,857
obligor in default who maintains an account with a financial 19,858
institution, the division shall, within one business day, enter 19,859
the information into the case registry established pursuant to 19,860
section 5101.319 of the Revised Code. 19,862
(C) A financial institution that learns, pursuant to an 19,864
agreement under section 5101.315 of the Revised Code, that an 19,866
obligor in default maintains an account with the financial 19,867
institution shall promptly place an access restriction on the
account. The access restriction shall remain on the account 19,868
until the financial institution complies with a withdrawal 19,869
directive under division (F) of this section or a court or child 19,870
446
support enforcement agency orders the financial institution to 19,872
remove the access restriction.
(D) The child support enforcement agency shall, no later 19,875
than five business days after information is entered into the 19,876
case registry pursuant to division (B) of this section, 19,877
investigate and determine the amount of funds in the account that 19,879
is available to satisfy the obligor's arrearages under a support
order. The financial institution shall cooperate with the 19,880
agency's investigation. 19,881
(E)(1) If a child support enforcement agency that 19,884
completes an investigation described in division (D) of this 19,885
section does not find that any person other than the obligor has 19,886
an ownership interest in the account, it shall issue a withdrawal 19,887
directive pursuant to division (F) of this section. If the 19,888
agency finds that a person other than an obligor has an ownership 19,890
interest in the account, the agency shall send written notice by 19,891
first-class mail to that person at an address for that person 19,892
contained in records of the financial institution, except that if 19,893
the address of that person is not contained in records of the 19,894
financial institution, the agency shall send the notice to that 19,895
person in care of another person whose address is contained in 19,896
records of the financial institution concerning the account. 19,897
(2) The notice shall contain both of the following: 19,899
(a) A statement of the date the notice is sent, that 19,902
another of the account holders is an obligor under a support
order, the name of the obligor, that the support order is in 19,903
default, the amount of the arrearage owed by the obligor as 19,904
determined by the court or child support enforcement agency, the 19,905
amount that will be withdrawn, the type of account from which the 19,907
amount will be withdrawn, and the name of the financial
institution from which the amount will be withdrawn; 19,908
(b) A statement that the person may object to the 19,911
withdrawal by filing with the agency, no later than ten days 19,912
after the date on which the notice is sent, a written request for 19,914
447
an administrative hearing to determine whether any amount
contained in the account is the property of the person to whom 19,915
the notice is sent and should not be subject to the withdrawal 19,916
directive. 19,917
(3) The person to whom the notice is sent shall have ten 19,919
days from the date the notice is sent to object to the withdrawal 19,920
by filing with the agency a written request for an administrative 19,922
hearing to determine whether any amount contained in the account 19,923
is the property of that person and should not be subject to the 19,924
withdrawal directive.
(a) If the person requests it, the agency shall conduct an 19,926
administrative hearing no later than ten days after the date the 19,928
person files the request for the hearing. No later than five 19,929
days before the date the hearing is to be conducted, the agency 19,930
shall send the person written notice of the date, time, place, 19,931
and purpose of the hearing. 19,932
At the hearing, the agency shall determine whether any 19,934
amount contained in the account is the property of the person who 19,936
filed the objection. The person may present testimony and
evidence at the hearing only in regard to the issue of whether 19,937
how much, if any, of the amount contained in the account is the 19,938
property of the person and should not be subject to withdrawal 19,939
directive. If the agency determines that any amount contained in 19,940
the account is the property of the person, the agency shall 19,942
determine that amount. The agency shall send notice of its
determination to the person. 19,943
If the agency determines that the total amount in the 19,945
account is the property of the person, it shall order the 19,946
financial institution to release the access restriction on the 19,947
account and shall take no further enforcement action on the 19,948
account. If the agency determines that some of the funds in the 19,949
account are the property of the person, it shall order the 19,951
financial institution to release the access restriction on the 19,952
account in that amount and shall take no further enforcement 19,953
448
action on those funds. The agency shall issue a withdrawal 19,954
directive pursuant to division (F) of this section for the 19,956
remaining funds unless, no later than ten days after the agency 19,957
makes its determination, the person files a written motion with
the court of common pleas of the county served by the child 19,958
support enforcement agency for a hearing to determine whether any 19,959
amount contained in the account is the property of the person. 19,960
If the person files a timely motion with the court, the court 19,962
shall hold a hearing on the request no later than ten days after 19,963
the request is filed. No later than five days before the date on 19,964
which the hearing is to be held, the court shall send the person 19,965
written notice by ordinary mail of the date, time, place, and 19,966
purpose of the hearing. The hearing shall be limited to a 19,967
determination of how much, if any of the amount contained in the 19,968
account is the property of the person. 19,969
If the court determines that all of the funds in the 19,971
account are the property of the person, it shall order the 19,972
financial institution to release the access restriction on the 19,973
account and to take no further enforcement action on the account. 19,975
If the court determines that some of the funds in the account are 19,976
the property of the person, it shall determine that amount, order 19,977
the financial institution to release the access restriction on 19,978
the account in that amount, and order the agency to take no 19,979
further enforcement action on those funds. If the court 19,980
determines that any of the funds in the account are not the 19,981
property of the person, it shall issue a withdrawal directive 19,982
pursuant to division (F) of this section. 19,983
(b) If a person to whom a notice is sent under division 19,985
(E)(1) of this section fails to file a timely request for an 19,987
administrative hearing, the agency shall send a withdrawal 19,988
directive to the financial institution pursuant to division (F) 19,990
of this section.
(F)(1) Subject to division DIVISIONS (D) and (E) of this 19,992
section, an agency that determines that an obligor has funds in 19,994
449
an account in a financial institution, shall issue a withdrawal 19,995
directive to the financial institution. The directive shall 19,996
require the financial institution to transmit funds from the 19,997
account to the division of child support. 19,998
(2) The withdrawal directive shall contain the following 20,000
information: 20,001
(a) The name, address, and social security number or 20,004
taxpayer identification number of the obligor;
(b) A statement that the obligor has been determined to be 20,007
in default under a support order;
(c) The amount of the arrearage owed by the obligor as 20,010
determined by the court or child support enforcement agency; 20,011
(d) The amount of funds that are to be withdrawn from the 20,014
account and the type of account from which the funds are to be 20,015
withdrawn.
(3) On receipt of a withdrawal directive, a financial 20,017
institution shall withdraw the amount specified from the account 20,019
described in the notice and pay it to the division of child 20,020
support.
(G) A financial institution is not subject to criminal or 20,023
civil liability for imposing an access restriction on an account 20,024
or complying with a withdrawal directive pursuant to this section 20,025
or for any other action taken in good faith pursuant to this 20,026
section.
Sec. 3113.215. (A) As used in this section: 20,035
(1) "Income" means either of the following: 20,037
(a) For a parent who is employed to full capacity, the 20,039
gross income of the parent; 20,040
(b) For a parent who is unemployed or underemployed, the 20,042
sum of the gross income of the parent, and any potential income 20,043
of the parent. 20,044
(2) "Gross income" means, except as excluded in this 20,046
division, the total of all earned and unearned income from all 20,047
sources during a calendar year, whether or not the income is 20,048
450
taxable, and includes, but is not limited to, income from 20,049
salaries, wages, overtime pay and bonuses to the extent described 20,050
in division (B)(5)(d) of this section, commissions, royalties, 20,051
tips, rents, dividends, severance pay, pensions, interest, trust 20,052
income, annuities, social security benefits, workers' 20,053
compensation benefits, unemployment insurance benefits, 20,054
disability insurance benefits, benefits received by and in the 20,055
possession of the veteran who is the beneficiary for any 20,056
service-connected disability under a program or law administered 20,057
by the United States department of veterans' affairs or veterans' 20,058
administration, spousal support actually received from a person 20,059
not a party to the support proceeding for which actual gross 20,060
income is being determined, and all other sources of income; 20,061
income of members of any branch of the United States armed 20,062
services or national guard, including, but not limited to,
amounts representing base pay, basic allowance for quarters, 20,063
basic allowance for subsistence, supplemental subsistence 20,064
allowance, cost of living adjustment, specialty pay, variable 20,065
housing allowance, and pay for training or other types of 20,066
required drills; self-generated income; and potential cash flow 20,067
from any source. 20,068
"Gross income" does not include any of the following: 20,070
(a) Benefits received from means-tested public assistance 20,073
programs, including, but not limited to, Ohio works first; 20,075
prevention, retention, and contingency; supplemental security 20,076
income; food stamps; or disability assistance; 20,077
(b) Benefits for any service-connected disability under a 20,080
program or law administered by the United States department of 20,081
veterans' affairs or veterans' administration that have not been 20,082
distributed to the veteran who is the beneficiary of the benefits 20,083
and that are in the possession of the United States department of 20,084
veterans' affairs or veterans' administration;
(c) Child support received for children who were not born 20,087
or adopted during the marriage at issue; 20,088
451
(d) Amounts paid for mandatory deductions from wages other 20,091
than taxes, social security, or retirement in lieu of social 20,092
security, including, but not limited to, union dues; 20,093
(e) Nonrecurring or unsustainable income or cash flow 20,096
items.
(3) "Self-generated income" means gross receipts received 20,098
by a parent from self-employment, proprietorship of a business, 20,099
joint ownership of a partnership or closely held corporation, and 20,100
rents minus ordinary and necessary expenses incurred by the 20,101
parent in generating the gross receipts. "Self-generated income" 20,102
includes expense reimbursements or in-kind payments received by a 20,103
parent from self-employment, the operation of a business, or 20,104
rents, including, but not limited to, company cars, free housing, 20,105
reimbursed meals, and other benefits, if the reimbursements are 20,106
significant and reduce personal living expenses. 20,107
(4)(a) "Ordinary and necessary expenses incurred in 20,109
generating gross receipts" means actual cash items expended by 20,110
the parent or the parent's business and includes depreciation 20,112
expenses of replacement business equipment as shown on the books 20,113
of a business entity. 20,114
(b) Except as specifically included in "ordinary and 20,116
necessary expenses incurred in generating gross receipts" by 20,117
division (A)(4)(a) of this section, "ordinary and necessary 20,118
expenses incurred in generating gross receipts" does not include 20,119
depreciation expenses and other noncash items that are allowed as 20,120
deductions on any federal tax return of the parent or the 20,121
parent's business. 20,122
(5) "Potential income" means both of the following for a 20,124
parent that the court, or a child support enforcement agency 20,125
pursuant to sections 3111.20, 3111.211, and 3111.22 of the 20,127
Revised Code, determines is voluntarily unemployed or voluntarily 20,128
underemployed: 20,129
(a) Imputed income that the court or agency determines the 20,131
parent would have earned if fully employed as determined from the 20,132
452
parent's employment potential and probable earnings based on the 20,133
parent's recent work history, the parent's occupational 20,134
qualifications, and the prevailing job opportunities and salary 20,135
levels in the community in which the parent resides; 20,136
(b) Imputed income from any nonincome-producing assets of 20,138
a parent, as determined from the local passbook savings rate or 20,139
another appropriate rate as determined by the court or agency, 20,140
not to exceed the rate of interest specified in division (A) of 20,141
section 1343.03 of the Revised Code, if the income is 20,142
significant. 20,143
(6) "Child support order" means an order for the payment 20,145
of child support. 20,146
(7) "Combined gross income" means the combined gross 20,148
income of both parents. 20,149
(8) "Split parental rights and responsibilities" means a 20,151
situation in which there is more than one child who is the 20,152
subject of an allocation of parental rights and responsibilities 20,153
and each parent is the residential parent and legal custodian of 20,154
at least one of those children. 20,155
(9) "Schedule" means the basic child support schedule set 20,157
forth in division (D) of this section. 20,158
(10) "Worksheet" means the applicable worksheet that is 20,160
used to calculate a parent's child support obligation and that is 20,161
set forth in divisions (E) and (F) of this section. 20,162
(11) "Nonrecurring or unsustainable income or cash flow 20,164
item" means any income or cash flow item that the parent receives 20,165
in any year or for any number of years not to exceed three years 20,166
and that the parent does not expect to continue to receive on a 20,167
regular basis. "Nonrecurring or unsustainable income or cash 20,168
flow item" does not include a lottery prize award that is not 20,169
paid in a lump sum or any other item of income or cash flow that 20,170
the parent receives or expects to receive for each year for a 20,171
period of more than three years or that the parent receives and 20,172
invests or otherwise utilizes to produce income or cash flow for 20,173
453
a period of more than three years. 20,174
(12) "Extraordinary medical expenses" means any uninsured 20,176
medical expenses that are incurred for a child during a calendar 20,177
year and that exceed one hundred dollars for that child during 20,178
that calendar year. 20,179
(B)(1) In any action in which a child support order is 20,181
issued or modified under Chapter 3115. or section 2151.23, 20,182
2151.231, 2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 20,183
3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 20,185
of the Revised Code, in any other proceeding in which the court 20,186
determines the amount of child support that will be ordered to be 20,187
paid pursuant to a child support order, or when a child support 20,188
enforcement agency determines the amount of child support that 20,189
will be paid pursuant to an administrative child support order 20,190
issued pursuant to sections 3111.20, 3111.211, and 3111.22 of the 20,191
Revised Code, the court or agency shall calculate the amount of 20,193
the obligor's child support obligation in accordance with the 20,194
basic child support schedule in division (D) of this section, the 20,195
applicable worksheet in division (E) or (F) of this section, and 20,196
the other provisions of this section, shall specify the support 20,197
obligation as a monthly amount due, and shall order the support 20,198
obligation to be paid in periodic increments as it determines to 20,199
be in the best interest of the children. In performing its 20,200
duties under this section, the court or agency is not required to 20,201
accept any calculations in a worksheet prepared by any party to 20,202
the action or proceeding. In any action or proceeding in which 20,203
the court determines the amount of child support that will be 20,204
ordered to be paid pursuant to a child support order or when a 20,205
child support enforcement agency determines the amount of child 20,206
support that will be paid pursuant to an administrative child 20,207
support order issued pursuant to sections 3111.20, 3111.211, and 20,208
3111.22 of the Revised Code, the amount of child support that 20,209
would be payable under a child support order, as calculated 20,211
pursuant to the basic child support schedule in division (D) of 20,212
454
this section and pursuant to the applicable worksheet in division 20,213
(E) of this section, through line 24, or in division (F) of this 20,214
section, through line 23, is rebuttably presumed to be the 20,215
correct amount of child support due, and the court or agency 20,216
shall order that amount to be paid as child support unless both 20,217
of the following apply with respect to an order issued by a 20,218
court:
(a) The court, after considering the factors and criteria 20,220
set forth in division (B)(3) of this section, determines that the 20,221
amount calculated pursuant to the basic child support schedule 20,222
and pursuant to the applicable worksheet in division (E) of this 20,223
section, through line 24, or in division (F) of this section, 20,224
through line 23, would be unjust or inappropriate and would not 20,225
be in the best interest of the child. 20,226
(b) The court enters in the journal the amount of child 20,228
support calculated pursuant to the basic child support schedule 20,229
and pursuant to the applicable worksheet in division (E) of this 20,230
section, through line 24, or in division (F) of this section, 20,231
through line 23, its determination that that amount would be 20,232
unjust or inappropriate and would not be in the best interest of 20,233
the child, and findings of fact supporting that determination. 20,234
(2) In determining the amount of child support to be paid 20,236
under any child support order, the court, upon its own 20,237
recommendation or upon the recommendation of the child support 20,238
enforcement agency, shall or the child support enforcement 20,239
agency, pursuant to sections 3111.20, 3111.211, and 3111.22 of 20,241
the Revised Code, shall do all of the following: 20,242
(a) If the combined gross income of both parents is less 20,244
than six thousand six hundred dollars per year, the court or 20,245
agency shall determine the amount of the obligor's child support 20,246
obligation on a case-by-case basis using the schedule as a 20,247
guideline. The court or agency shall review the obligor's gross 20,248
income and living expenses to determine the maximum amount of 20,249
child support that it reasonably can order without denying the 20,250
455
obligor the means for self-support at a minimum subsistence level 20,251
and shall order a specific amount of child support, unless the 20,252
obligor proves to the court or agency that the obligor is totally 20,253
unable to pay child support and the court or agency determines 20,254
that it would be unjust or inappropriate to order the payment of 20,255
child support and enters its determination and supporting 20,256
findings of fact in the journal. 20,257
(b) If the combined gross income of both parents is 20,259
greater than one hundred fifty thousand dollars per year, the 20,260
court or agency shall determine the amount of the obligor's child 20,261
support obligation on a case-by-case basis and shall consider the 20,262
needs and the standard of living of the children who are the 20,263
subject of the child support order and of the parents. When the 20,264
court or agency determines the amount of the obligor's child 20,265
support obligation for parents with a combined gross income 20,266
greater than one hundred fifty thousand dollars, the court or 20,267
agency shall compute a basic combined child support obligation 20,268
that is no less than the same percentage of the parents' combined 20,269
annual income that would have been computed under the basic child 20,270
support schedule and under the applicable worksheet in division 20,271
(E) of this section, through line 24, or in division (F) of this 20,272
section, through line 23, for a combined gross income of one 20,273
hundred fifty thousand dollars, unless the court or agency 20,274
determines that it would be unjust or inappropriate and would not 20,275
be in the best interest of the child, obligor, or obligee to 20,276
order that amount and enters in the journal the figure, 20,277
determination, and findings. 20,278
(c) The court shall not order an amount of child support 20,280
that deviates from the amount of child support that would 20,281
otherwise result from the use of the basic child support schedule 20,282
and the applicable worksheet in division (E) of this section, 20,283
through line 24, or in division (F) of this section, through line 20,284
23, unless both of the following apply: 20,285
(i) The court, after considering the factors and criteria 20,287
456
set forth in division (B)(3) of this section, determines that the 20,288
amount calculated pursuant to the basic child support schedule 20,289
and pursuant to the applicable worksheet in division (E) of this 20,290
section, through line 24, or in division (F) of this section, 20,291
through line 23, would be unjust or inappropriate and would not 20,292
be in the best interest of the child; 20,293
(ii) The court enters in the journal the amount of child 20,295
support calculated pursuant to the basic child support schedule 20,296
and pursuant to the applicable worksheet in division (E) of this 20,297
section, through line 24, or in division (F) of this section, 20,298
through line 23, its determination that that amount would be 20,299
unjust or inappropriate and would not be in the best interest of 20,300
the child, and findings of fact supporting that determination. 20,301
(3) The court, in accordance with divisions (B)(1) and 20,303
(2)(c) of this section, may deviate from the amount of support 20,304
that otherwise would result from the use of the schedule and the 20,305
applicable worksheet in division (E) of this section, through 20,306
line 24, or in division (F) of this section, through line 23, in 20,307
cases in which the application of the schedule and the applicable 20,308
worksheet in division (E) of this section, through line 24, or in 20,309
division (F) of this section, through line 23, would be unjust or 20,310
inappropriate and would not be in the best interest of the child. 20,311
In determining whether that amount would be unjust or 20,312
inappropriate and would not be in the best interest of the child, 20,313
the court may consider any of the following factors and criteria: 20,314
(a) Special and unusual needs of the children; 20,316
(b) Extraordinary obligations for minor children or 20,318
obligations for handicapped children who are not stepchildren and 20,319
who are not offspring from the marriage or relationship that is 20,320
the basis of the immediate child support determination; 20,321
(c) Other court-ordered payments; 20,323
(d) Extended times of visitation or extraordinary costs 20,325
associated with visitation, provided that this division does not 20,326
authorize and shall not be construed as authorizing any deviation 20,327
457
from the schedule and the applicable worksheet in division (E) of 20,328
this section, through line 24, or in division (F) of this 20,329
section, through line 23, or any escrowing, impoundment, or 20,330
withholding of child support because of a denial of or 20,331
interference with a right of companionship or visitation granted 20,332
by court order; 20,333
(e) The obligor obtains additional employment after a 20,335
child support order is issued in order to support a second 20,336
family; 20,337
(f) The financial resources and the earning ability of the 20,339
child; 20,340
(g) Disparity in income between parties or households; 20,342
(h) Benefits that either parent receives from remarriage 20,344
or sharing living expenses with another person; 20,345
(i) The amount of federal, state, and local taxes actually 20,347
paid or estimated to be paid by a parent or both of the parents; 20,348
(j) Significant in-kind contributions from a parent, 20,350
including, but not limited to, direct payment for lessons, sports 20,351
equipment, schooling, or clothing; 20,352
(k) The relative financial resources, other assets and 20,354
resources, and needs of each parent; 20,355
(l) The standard of living and circumstances of each 20,357
parent and the standard of living the child would have enjoyed 20,358
had the marriage continued or had the parents been married; 20,359
(m) The physical and emotional condition and needs of the 20,361
child; 20,362
(n) The need and capacity of the child for an education 20,364
and the educational opportunities that would have been available 20,365
to the child had the circumstances requiring a court order for 20,366
support not arisen; 20,367
(o) The responsibility of each parent for the support of 20,369
others; 20,370
(p) Any other relevant factor. 20,372
The court may accept an agreement of the parents that 20,374
458
assigns a monetary value to any of the factors and criteria 20,375
listed in division (B)(3) of this section that are applicable to 20,376
their situation. 20,377
(4) If an obligor or obligee under a child support order 20,379
requests the court to modify the amount of support required to be 20,380
paid pursuant to the child support order, the court shall 20,381
recalculate the amount of support that would be required to be 20,382
paid under the support order in accordance with the schedule and 20,383
pursuant to the applicable worksheet in division (E) of this 20,384
section, through line 24, or in division (F) of this section, 20,385
through line 23, and if that amount as recalculated is more than 20,386
ten per cent greater than or more than ten per cent less than the 20,387
amount of child support that is required to be paid pursuant to 20,388
the existing child support order, the deviation from the 20,389
recalculated amount that would be required to be paid under the 20,390
schedule and the applicable worksheet in division (E) of this 20,391
section, through line 24, or in division (F) of this section, 20,392
through line 23, shall be considered by the court as a change of 20,393
circumstance that is substantial enough to require a modification 20,394
of the amount of the child support order. In determining 20,395
pursuant to this division the recalculated amount of support that 20,396
would be required to be paid under the support order for purposes 20,397
of determining whether that recalculated amount is more than ten 20,398
per cent greater than or more than ten per cent less than the 20,399
amount of child support that is required to be paid pursuant to 20,400
the existing child support order, the court shall consider, in 20,401
addition to all other factors required by law to be considered, 20,402
the cost of health insurance which the obligor, the obligee, or 20,403
both the obligor and the obligee have been ordered to obtain for 20,404
the children specified in the order. Additionally, if an obligor 20,405
or obligee under a child support order requests the court to 20,406
modify the amount of support required to be paid pursuant to the 20,407
child support order and if the court determines that the amount 20,408
of support does not adequately meet the medical needs of the 20,409
459
child, the inadequate coverage shall be considered by the court 20,410
as a change of circumstance that is substantial enough to require 20,411
a modification of the amount of the child support order. If the 20,412
court determines that the amount of child support required to be 20,413
paid under the child support order should be changed due to a 20,414
substantial change of circumstances that was not contemplated at 20,415
the time of the issuance of the original child support order or 20,416
the last modification of the child support order, the court shall 20,417
modify the amount of child support required to be paid under the 20,418
child support order to comply with the schedule and the 20,419
applicable worksheet in division (E) of this section, through 20,420
line 24, or in division (F) of this section, through line 23, 20,421
unless the court determines that the amount calculated pursuant 20,422
to the basic child support schedule and pursuant to the 20,423
applicable worksheet in division (E) of this section, through 20,424
line 24, or in division (F) of this section, through line 23, 20,425
would be unjust or inappropriate and would not be in the best 20,426
interest of the child and enters in the journal the figure, 20,427
determination, and findings specified in division (B)(2)(c) of 20,428
this section. 20,429
(5) When a court computes the amount of child support 20,431
required to be paid under a child support order or a child 20,432
support enforcement agency computes the amount of child support 20,433
to be paid pursuant to an administrative child support order 20,434
issued pursuant to section 3111.20, 3111.211, or 3111.22 of the 20,436
Revised Code, all of the following apply: 20,437
(a) The parents shall verify current and past income and 20,439
personal earnings with suitable documents, including, but not 20,440
limited to, paystubs, employer statements, receipts and expense 20,441
vouchers related to self-generated income, tax returns, and all 20,442
supporting documentation and schedules for the tax returns. 20,443
(b) The amount of any pre-existing child support 20,445
obligation of a parent under a child support order and the amount 20,446
of any court-ordered spousal support paid to a former spouse 20,447
460
shall be deducted from the gross income of that parent to the 20,448
extent that payment under the child support order or that payment 20,449
of the court-ordered spousal support is verified by supporting 20,450
documentation. 20,451
(c) If other minor children who were born to the parent 20,454
and a person other than the other parent who is involved in the 20,456
immediate child support determination live with the parent, the 20,457
court or agency shall deduct an amount from that parent's gross 20,458
income that equals the number of such minor children times the 20,459
federal income tax exemption for such children less child support 20,460
received for them for the year, not exceeding the federal income 20,461
tax exemption. 20,462
(d) When the court or agency calculates the gross income 20,464
of a parent, it shall include the lesser of the following as 20,465
income from overtime and bonuses: 20,466
(i) The yearly average of all overtime and bonuses 20,468
received during the three years immediately prior to the time 20,469
when the person's child support obligation is being computed; 20,470
(ii) The total overtime and bonuses received during the 20,472
year immediately prior to the time when the person's child 20,473
support obligation is being computed. 20,474
(e) When the court or agency calculates the gross income 20,476
of a parent, it shall not include any income earned by the spouse 20,477
of that parent. 20,478
(f) The court shall not order an amount of child support 20,481
for reasonable and ordinary uninsured medical or dental expenses 20,482
in addition to the amount of the child support obligation 20,483
determined in accordance with the schedule. The court shall 20,484
issue a separate order for extraordinary medical or dental 20,485
expenses, including, but not limited to, orthodontia,
psychological, appropriate private education, and other expenses, 20,486
and may consider the expenses in adjusting a child support order. 20,487
(g) When a court or agency calculates the amount of child 20,489
support to be paid pursuant to a child support order or an 20,490
461
administrative child support order, if the combined gross income 20,491
of both parents is an amount that is between two amounts set 20,492
forth in the first column of the schedule, the court or agency 20,493
may use the basic child support obligation that corresponds to 20,494
the higher of the two amounts in the first column of the 20,495
schedule, use the basic child support obligation that corresponds 20,496
to the lower of the two amounts in the first column of the 20,497
schedule, or calculate a basic child support obligation that is 20,498
between those two amounts and corresponds proportionally to the 20,499
parents' actual combined gross income. 20,500
(h) When the court or agency calculates gross income, the 20,502
court or agency, when appropriate, may average income over a 20,503
reasonable period of years. 20,504
(6)(a) If the court issues a shared parenting order in 20,506
accordance with section 3109.04 of the Revised Code, the court 20,507
shall order an amount of child support to be paid under the child 20,508
support order that is calculated in accordance with the schedule 20,509
and with the worksheet set forth in division (E) of this section, 20,510
through line 24, except that, if the application of the schedule 20,511
and the worksheet, through line 24, would be unjust or 20,512
inappropriate to the children or either parent and would not be 20,513
in the best interest of the child because of the extraordinary 20,514
circumstances of the parents or because of any other factors or 20,515
criteria set forth in division (B)(3) of this section, the court 20,516
may deviate from the amount of child support that would be 20,517
ordered in accordance with the schedule and worksheet, through 20,518
line 24, shall consider those extraordinary circumstances and 20,519
other factors or criteria if it deviates from that amount, and 20,520
shall enter in the journal the amount of child support calculated 20,521
pursuant to the basic child support schedule and pursuant to the 20,522
applicable worksheet, through line 24, its determination that 20,523
that amount would be unjust or inappropriate and would not be in 20,524
the best interest of the child, and findings of fact supporting 20,525
that determination. 20,526
462
(b) For the purposes of this division, "extraordinary 20,528
circumstances of the parents" includes, but is not limited to, 20,529
all of the following: 20,530
(i) The amount of time that the children spend with each 20,532
parent; 20,533
(ii) The ability of each parent to maintain adequate 20,535
housing for the children; 20,536
(iii) Each parent's expenses, including, but not limited 20,538
to, child care expenses, school tuition, medical expenses, and 20,539
dental expenses. 20,540
(7)(a) In any action in which a child support order is 20,542
issued or modified under Chapter 3115. or section 2151.23, 20,543
2151.231, 2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 20,544
3109.05, 3109.19, 3111.13, 3113.04, or 3113.31 of the Revised 20,547
Code or in any other proceeding in which the court determines the 20,548
amount of child support that will be ordered to be paid pursuant 20,549
to a child support order and except as otherwise provided in this 20,550
division, the court shall issue a minimum support order requiring 20,551
the obligor to pay a minimum amount of fifty dollars a month for 20,552
child support under the child support order. The court, in its 20,553
discretion and in appropriate circumstances, may issue a minimum 20,554
support order requiring the obligor to pay an amount of child 20,555
support that is less than fifty dollars a month or not requiring 20,556
the obligor to pay an amount for support. The appropriate 20,557
circumstances for which a court may issue a minimum support order 20,558
requiring an obligor to pay an amount of child support that is 20,559
less than fifty dollars a month or not requiring the obligor to 20,560
pay an amount for support include, but are not limited to, the 20,561
nonresidential parent's medically verified or documented physical 20,562
or mental disability or institutionalization in a facility for 20,563
persons with a mental illness. If the court issues a minimum 20,564
support order pursuant to this division and the obligor under the 20,565
support order is the recipient of need-based public assistance, 20,566
any unpaid amounts of support due under the support order shall 20,567
463
accrue as arrearages from month to month, the obligor's current 20,568
obligation to pay the support due under the support order is 20,569
suspended during any period of time that the obligor is receiving 20,570
need-based public assistance and is complying with any seek work 20,571
orders issued pursuant to division (D)(4) of section 3113.21 of 20,572
the Revised Code, and the court, obligee, and child support 20,574
enforcement agency shall not enforce the obligation of the 20,575
obligor to pay the amount of support due under the support order 20,576
during any period of time that the obligor is receiving 20,577
need-based public assistance and is complying with any seek work 20,578
orders issued pursuant to division (D)(4) of section 3113.21 of 20,579
the Revised Code. 20,581
(b) Notwithstanding division (B)(7)(a) of this section, if 20,583
the amount of support payments that federal law requires or 20,584
permits to be disregarded in determining eligibility for aid 20,585
under Chapter 5107. of the Revised Code exceeds fifty dollars, 20,586
instead of fifty dollars the amount of a minimum support order 20,587
described in division (B)(7)(a) of this section shall be the 20,588
amount federal law requires or permits to be disregarded. 20,589
(C) Except when the parents have split parental rights and 20,591
responsibilities, a parent's child support obligation for a child 20,592
for whom the parent is the residential parent and legal custodian 20,593
shall be presumed to be spent on that child and shall not become 20,594
part of a child support order, and a parent's child support 20,595
obligation for a child for whom the parent is not the residential 20,596
parent and legal custodian shall become part of a child support 20,597
order. If the parents have split parental rights and 20,598
responsibilities, the child support obligations of the parents 20,599
shall be offset, and the court shall issue a child support order 20,600
requiring the parent with the larger child support obligation to 20,601
pay the net amount pursuant to the child support order. If 20,602
neither parent of a child who is the subject of a child support 20,603
order is the residential parent and legal custodian of the child 20,604
and the child resides with a third party who is the legal 20,605
464
custodian of the child, the court shall issue a child support 20,606
order requiring each parent to pay that parent's child support 20,608
obligation pursuant to the child support order. 20,609
Whenever a court issues a child support order, it shall 20,611
include in the order specific provisions for regular, holiday, 20,612
vacation, and special visitation in accordance with section 20,613
3109.05, 3109.11, or 3109.12 of the Revised Code or in accordance 20,614
with any other applicable section of the Revised Code. The court 20,615
shall not authorize or permit the escrowing, impoundment, or 20,616
withholding of any child support payment because of a denial of 20,617
or interference with a right of visitation included as a specific 20,618
provision of the child support order or as a method of enforcing 20,619
the specific provisions of the child support order dealing with 20,620
visitation. 20,621
(D) The following basic child support schedule shall be 20,623
used by all courts and child support enforcement agencies when 20,624
calculating the amount of child support that will be paid 20,625
pursuant to a child support order or an administrative child 20,626
support order, unless the combined gross income of the parents is 20,627
less than sixty-six hundred dollars or more than one hundred 20,628
fifty thousand dollars: 20,629
Basic Child Support Schedule 20,630
Combined 20,632
Gross Number of Children 20,634
Income One Two Three Four Five Six 20,637
6600 600 600 600 600 600 600 20,638
7200 600 600 600 600 600 600 20,639
7800 600 600 600 600 600 600 20,640
8400 600 600 600 600 600 600 20,641
9000 849 859 868 878 887 896 20,642
9600 1259 1273 1287 1301 1315 1329 20,643
10200 1669 1687 1706 1724 1743 1761 20,644
10800 2076 2099 2122 2145 2168 2192 20,645
11400 2331 2505 2533 2560 2588 2616 20,646
465
12000 2439 2911 2943 2975 3007 3039 20,647
12600 2546 3318 3354 3390 3427 3463 20,648
13200 2654 3724 3765 3806 3846 3887 20,649
13800 2761 4029 4175 4221 4266 4311 20,650
14400 2869 4186 4586 4636 4685 4735 20,651
15000 2976 4342 4996 5051 5105 5159 20,652
15600 3079 4491 5321 5466 5524 5583 20,653
16200 3179 4635 5490 5877 5940 6003 20,654
16800 3278 4780 5660 6254 6355 6423 20,655
17400 3378 4924 5830 6442 6771 6843 20,656
18000 3478 5069 5999 6629 7186 7262 20,657
18600 3578 5213 6169 6816 7389 7682 20,658
19200 3678 5358 6339 7004 7592 8102 20,659
19800 3778 5502 6508 7191 7796 8341 20,660
20400 3878 5647 6678 7378 7999 8558 20,661
21000 3977 5790 6847 7565 8201 8774 20,662
21600 4076 5933 7015 7750 8402 8989 20,663
22200 4176 6075 7182 7936 8602 9204 20,664
22800 4275 6216 7345 8116 8798 9413 20,665
23400 4373 6357 7509 8297 8994 9623 20,666
24000 4471 6498 7672 8478 9190 9832 20,667
24600 4570 6639 7836 8658 9386 10042 20,668
25200 4668 6780 8000 8839 9582 10251 20,669
25800 4767 6920 8163 9020 9778 10461 20,670
26400 4865 7061 8327 9200 9974 10670 20,671
27000 4963 7202 8490 9381 10170 10880 20,672
27600 5054 7332 8642 9548 10351 11074 20,673
28200 5135 7448 8776 9697 10512 11246 20,674
28800 5216 7564 8911 9845 10673 11418 20,675
29400 5297 7678 9045 9995 10833 11592 20,676
30000 5377 7792 9179 10143 10994 11764 20,677
30600 5456 7907 9313 10291 11154 11936 20,678
31200 5535 8022 9447 10439 11315 12107 20,679
31800 5615 8136 9581 10587 11476 12279 20,680
466
32400 5694 8251 9715 10736 11636 12451 20,681
33000 5774 8366 9849 10884 11797 12623 20,682
33600 5853 8480 9983 11032 11957 12794 20,683
34200 5933 8595 10117 11180 12118 12966 20,684
34800 6012 8709 10251 11328 12279 13138 20,685
35400 6091 8824 10385 11476 12439 13310 20,686
36000 6171 8939 10519 11624 12600 13482 20,687
36600 6250 9053 10653 11772 12761 13653 20,688
37200 6330 9168 10787 11920 12921 13825 20,689
37800 6406 9275 10913 12058 13071 13988 20,690
38400 6447 9335 10984 12137 13156 14079 20,691
39000 6489 9395 11055 12215 13242 14170 20,692
39600 6530 9455 11126 12294 13328 14261 20,693
40200 6571 9515 11197 12373 13413 14353 20,694
40800 6613 9575 11268 12451 13499 14444 20,695
41400 6653 9634 11338 12529 13583 14534 20,696
42000 6694 9693 11409 12607 13667 14624 20,697
42600 6735 9752 11479 12684 13752 14714 20,698
43200 6776 9811 11549 12762 13836 14804 20,699
43800 6817 9871 11619 12840 13921 14894 20,700
44400 6857 9930 11690 12917 14005 14985 20,701
45000 6898 9989 11760 12995 14090 15075 20,702
45600 6939 10049 11830 13073 14174 15165 20,703
46200 6978 10103 11897 13146 14251 15250 20,704
46800 7013 10150 11949 13203 14313 15316 20,705
47400 7048 10197 12000 13260 14375 15382 20,706
48000 7083 10245 12052 13317 14437 15448 20,707
48600 7117 10292 12103 13374 14498 15514 20,708
49200 7152 10339 12155 13432 14560 15580 20,709
49800 7187 10386 12206 13489 14622 15646 20,710
50400 7222 10433 12258 13546 14684 15712 20,711
51000 7257 10481 12309 13603 14745 15778 20,712
51600 7291 10528 12360 13660 14807 15844 20,713
52200 7326 10575 12412 13717 14869 15910 20,714
467
52800 7361 10622 12463 13774 14931 15976 20,715
53400 7396 10669 12515 13832 14992 16042 20,716
54000 7431 10717 12566 13889 15054 16108 20,717
54600 7468 10765 12622 13946 15120 16178 20,718
55200 7524 10845 12716 14050 15232 16298 20,719
55800 7582 10929 12814 14159 15350 16425 20,720
56400 7643 11016 12918 14273 15474 16558 20,721
57000 7704 11104 13021 14388 15598 16691 20,722
57600 7765 11192 13125 14502 15722 16824 20,723
58200 7825 11277 13225 14613 15842 16953 20,724
58800 7883 11361 13324 14723 15961 17079 20,725
59400 7941 11445 13423 14832 16079 17206 20,726
60000 8000 11529 13522 14941 16197 17333 20,727
60600 8058 11612 13620 15050 16315 17460 20,728
61200 8116 11696 13719 15160 16433 17587 20,729
61800 8175 11780 13818 15269 16552 17714 20,730
62400 8233 11864 13917 15378 16670 17840 20,731
63000 8288 11945 14011 15481 16783 17958 20,732
63600 8344 12024 14102 15582 16893 18075 20,733
64200 8399 12103 14194 15683 17002 18193 20,734
64800 8454 12183 14285 15784 17111 18310 20,735
65400 8510 12262 14376 15885 17220 18427 20,736
66000 8565 12341 14468 15986 17330 18544 20,737
66600 8620 12421 14559 16087 17439 18661 20,738
67200 8676 12500 14650 16188 17548 18778 20,739
67800 8731 12579 14741 16289 17657 18895 20,740
68400 8786 12659 14833 16390 17767 19012 20,741
69000 8842 12738 14924 16491 17876 19129 20,742
69600 8897 12817 15015 16592 17985 19246 20,743
70200 8953 12897 15107 16693 18094 19363 20,744
70800 9008 12974 15196 16791 18201 19476 20,745
71400 9060 13047 15281 16885 18302 19585 20,746
72000 9111 13120 15366 16979 18404 19694 20,747
72600 9163 13194 15451 17073 18506 19803 20,748
468
73200 9214 13267 15536 17167 18608 19912 20,749
73800 9266 13340 15621 17261 18709 20021 20,750
74400 9318 13413 15706 17355 18811 20130 20,751
75000 9369 13487 15791 17449 18913 20239 20,752
75600 9421 13560 15876 17543 19015 20347 20,753
76200 9473 13633 15961 17636 19116 20456 20,754
76800 9524 13707 16046 17730 19218 20565 20,755
77400 9576 13780 16131 17824 19320 20674 20,756
78000 9627 13853 16216 17918 19422 20783 20,757
78600 9679 13927 16300 18012 19523 20892 20,758
79200 9731 14000 16385 18106 19625 21001 20,759
79800 9782 14073 16470 18200 19727 21109 20,760
80400 9834 14147 16555 18294 19829 21218 20,761
81000 9885 14220 16640 18387 19930 21326 20,762
81600 9936 14292 16723 18480 20030 21434 20,763
82200 9987 14364 16807 18573 20131 21541 20,764
82800 10038 14439 16891 18665 20235 21651 20,765
83400 10090 14514 16979 18762 20340 21763 20,766
84000 10142 14589 17066 18859 20444 21875 20,767
84600 10194 14663 17154 18956 20549 21987 20,768
85200 10246 14738 17241 19052 20653 22099 20,769
85800 10298 14813 17329 19149 20758 22211 20,770
86400 10350 14887 17417 19246 20863 22323 20,771
87000 10403 14962 17504 19343 20967 22435 20,772
87600 10455 15037 17592 19440 21072 22547 20,773
88200 10507 15111 17679 19537 21176 22659 20,774
88800 10559 15186 17767 19633 21281 22771 20,775
89400 10611 15261 17855 19730 21386 22883 20,776
90000 10663 15335 17942 19827 21490 22995 20,777
90600 10715 15410 18030 19924 21595 23107 20,778
91200 10767 15485 18118 20021 21700 23219 20,779
91800 10819 15559 18205 20118 21804 23331 20,780
92400 10872 15634 18293 20215 21909 23443 20,781
93000 10924 15709 18380 20311 22013 23555 20,782
469
93600 10976 15783 18468 20408 22118 23667 20,783
94200 11028 15858 18556 20505 22223 23779 20,784
94800 11080 15933 18643 20602 22327 23891 20,785
95400 11132 16007 18731 20699 22432 24003 20,786
96000 11184 16082 18818 20796 22536 24115 20,787
96600 11236 16157 18906 20892 22641 24227 20,788
97200 11289 16231 18994 20989 22746 24339 20,789
97800 11341 16306 19081 21086 22850 24451 20,790
98400 11393 16381 19169 21183 22955 24563 20,791
99000 11446 16450 19255 21279 23062 24676 20,792
99600 11491 16516 19334 21366 23156 24777 20,793
100200 11536 16583 19413 21453 23250 24878 20,794
100800 11581 16649 19491 21539 23345 24978 20,795
101400 11625 16714 19569 21625 23437 25077 20,796
102000 11670 16779 19646 21710 23530 25177 20,797
102600 11714 16844 19724 21796 23623 25276 20,798
103200 11759 16909 19801 21881 23715 25375 20,799
103800 11803 16974 19879 21967 23808 25475 20,800
104400 11847 17039 19956 22052 23901 25574 20,801
105000 11892 17104 20034 22138 23994 25673 20,802
105600 11934 17167 20108 22220 24083 25769 20,803
106200 11979 17232 20186 22305 24176 25868 20,804
106800 12023 17297 20263 22391 24269 25968 20,805
107400 12068 17362 20341 22476 24361 26067 20,806
108000 12110 17425 20415 22559 24451 26162 20,807
108600 12155 17490 20493 22644 24543 26262 20,808
109200 12199 17555 20570 22730 24636 26361 20,809
109800 12243 17620 20648 22815 24729 26460 20,810
110400 12286 17683 20722 22897 24818 26556 20,811
111000 12331 17748 20800 22983 24911 26655 20,812
111600 12375 17813 20877 23068 25004 26755 20,813
112200 12419 17878 20955 23154 25096 26854 20,814
112800 12462 17941 21029 23236 25186 26949 20,815
113400 12506 18006 21107 23322 25278 27049 20,816
470
114000 12551 18071 21184 23407 25371 27148 20,817
114600 12595 18136 21262 23493 25464 27247 20,818
115200 12640 18202 21339 23578 25557 27347 20,819
115800 12682 18264 21414 23660 25646 27442 20,820
116400 12727 18329 21491 23746 25739 27542 20,821
117000 12771 18394 21569 23831 25832 27641 20,822
117600 12815 18460 21646 23917 25924 27740 20,823
118200 12858 18522 21721 23999 26013 27836 20,824
118800 12902 18587 21798 24084 26106 27935 20,825
119400 12947 18652 21876 24170 26199 28034 20,826
120000 12991 18718 21953 24256 26292 28134 20,827
120600 13034 18780 22028 24338 26381 28229 20,828
121200 13078 18845 22105 24423 26474 28329 20,829
121800 13123 18910 22183 24509 26567 28428 20,830
122400 13167 18976 22260 24594 26659 28527 20,831
123000 13210 19038 22335 24676 26749 28623 20,832
123600 13254 19103 22412 24762 26841 28722 20,833
124200 13299 19168 22490 24847 26934 28821 20,834
124800 13343 19234 22567 24933 27027 28921 20,835
125400 13386 19296 22642 25015 27116 29016 20,836
126000 13430 19361 22719 25101 27209 29115 20,837
126600 13474 19426 22797 25186 27302 29215 20,838
127200 13519 19492 22874 25272 27395 29314 20,839
127800 13561 19554 22949 25354 27484 29410 20,840
128400 13606 19619 23026 25439 27576 29509 20,841
129000 13650 19684 23104 25525 27669 29608 20,842
129600 13695 19750 23181 25610 27762 29708 20,843
130200 13739 19815 23259 25696 27855 29807 20,844
130800 13783 19879 23335 25780 27946 29905 20,845
131400 13828 19945 23414 25868 28041 30007 20,846
132000 13874 20012 23494 25955 28136 30108 20,847
132600 13919 20079 23573 26043 28231 30210 20,848
133200 13963 20143 23649 26127 28323 30308 20,849
133800 14008 20210 23729 26215 28418 30410 20,850
471
134400 14054 20276 23808 26302 28513 30511 20,851
135000 14099 20343 23887 26390 28608 30613 20,852
135600 14143 20407 23964 26474 28699 30711 20,853
136200 14188 20474 24043 26561 28794 30813 20,854
136800 14234 20541 24123 26649 28889 30914 20,855
137400 14279 20607 24202 26737 28984 31016 20,856
138000 14323 20671 24278 26821 29075 31114 20,857
138600 14368 20738 24358 26908 29170 31215 20,858
139200 14414 20805 24437 26996 29265 31317 20,859
139800 14459 20872 24516 27083 29361 31419 20,860
140400 14503 20936 24593 27168 29452 31517 20,861
141000 14549 21002 24672 27255 29547 31618 20,862
141600 14594 21069 24751 27343 29642 31720 20,863
142200 14639 21136 24831 27430 29737 31822 20,864
142800 14683 21200 24907 27515 29828 31920 20,865
143400 14729 21267 24986 27602 29923 32021 20,866
144000 14774 21333 25066 27690 30018 32123 20,867
144600 14820 21400 25145 27777 30113 32225 20,868
145200 14865 21467 25225 27865 30208 32327 20,869
145800 14909 21531 25301 27949 30300 32424 20,870
146400 14963 21596 25377 28041 30396 32526 20,871
147000 15006 21659 25452 28124 30486 32622 20,872
147600 15049 21722 25527 28207 30576 32718 20,873
148200 15090 21782 25599 28286 30662 32810 20,874
148800 15133 21845 25674 28369 30752 32907 20,875
149400 15176 21908 25749 28452 30842 33003 20,876
150000 15218 21971 25823 28534 30931 33099 20,877
(E) When a court or child support enforcement agency 20,880
calculates the amount of child support that will be required to 20,881
be paid pursuant to a child support order or an administrative 20,882
child support order in a proceeding in which one parent is the 20,883
residential parent and legal custodian of all of the children who 20,884
are the subject of the child support order or the court issues a 20,885
shared parenting order, the court or child support enforcement 20,886
472
agency shall use a worksheet that is identical in content and 20,887
form to the following worksheet: 20,888
"Worksheet 20,889
............... County Domestic Relations Court (or) 20,890
............... County Child Support Enforcement Agency 20,891
Child Support Computation 20,892
Sole Residential Parent or 20,893
Shared Parenting Order 20,894
Name of parties ................................................. 20,896
Case No. .......... 20,898
Number of minor children ...... The following parent was 20,900
designated as the residential parent and legal custodian 20,901
(disregard if shared parenting order): 20,902
............. mother; ............ father. 20,904
Father has ..... pay periods annually; mother has ..... pay 20,906
periods annually. 20,907
Column I Column II Column III 20,909
Father Mother Combined
1a. Annual gross income from 20,912
employment or, when
determined appropriate by 20,913
the court or agency,
average annual gross income
from employment over a
reasonable period of years 20,914
(exclude overtime and
bonuses)................... $...... $...... 20,916
b. Amount of overtime and 20,917
bonuses Father Mother 20,918
Yr. 3 20,919
(Three years ago) $...... $...... 20,921
Yr. 2 20,922
(Two years ago) $...... $...... 20,924
Yr. 1 20,925
473
(Last calendar year) $...... $...... 20,927
Average: $...... $...... 20,929
(Include in Column I and/or 20,930
Column II the average of
the three years or the year 20,931
1 amount, whichever is
less, if there exists a
reasonable expectation that 20,932
the total earnings from
overtime and/or bonuses
during the current calendar 20,933
year will meet or exceed
the amount that is the
lower of the average of the 20,934
three years or the year 1
amount. If, however, there
exists a reasonable 20,935
expectation that the total
earnings from
overtime/bonuses during the 20,936
current calendar year will
be less than the lower of
the average of the three 20,937
years or the year 1 amount,
include only the amount
reasonably expected to be 20,938
earned this year.)......... $...... $...... 20,939
2. Annual income from interest 20,940
and dividends (whether or
not taxable)............... $...... $...... 20,942
3. Annual income from 20,943
unemployment compensation.. $...... $...... 20,944
4. Annual income from workers' 20,945
compensation or disability
474
insurance benefits......... $...... $...... 20,947
5. Other annual income 20,948
(identify)................. $...... $...... 20,949
6. Total annual gross income 20,950
(add lines 1-5)............ $...... $...... 20,951
7. Annual court-ordered support 20,952
paid for other children.... $...... $...... 20,953
8. Adjustment for minor 20,954
children born to either
parent and another parent, 20,955
which children are living
with this parent (number of
children times federal 20,956
income tax exemption less
child support received for
the year, not to exceed the 20,957
federal tax exemption)..... $...... $...... 20,958
9. Annual court-ordered spousal 20,959
support paid to a former
spouse..................... $...... $...... 20,961
10. Amount of local income taxes 20,962
actually paid or estimated
to be paid................. $...... $...... 20,964
11. For self-employed 20,965
individuals, deduct 5.6% of
adjusted gross income or 20,966
the actual marginal
difference between the
actual rate paid by the
self-employed individual 20,967
and the F.I.C.A. rate...... $...... $...... 20,968
12. For self-employed 20,969
individuals, deduct
ordinary and necessary
475
business expenses.......... $...... $...... 20,971
13. Total gross income 20,972
adjustments (add lines
7-12)...................... $...... $...... 20,973
14. Adjusted annual gross income 20,974
(subtract line 13 from line
6)......................... $...... $...... 20,976
15. Combined annual income that 20,977
is basis for child support
order (add line 14, Col. I 20,978
and Col. II)......................... $......
16. Percentage parent's income 20,979
to total income
a. Father (divide line 14, Col. 20,980
I by line 15, Col. III) .........% 20,981
b. Mother (divide line 14, Col. 20,982
II by line 15, Col. III) .......... + .......% = 100% 20,983
17. Basic combined child support 20,984
obligation (Refer to basic
child support schedule in 20,985
division (D) of section
3113.215 of the Revised
Code; in the first column 20,986
of the schedule, locate the
sum that is nearest to the
combined annual income 20,987
listed in line 15, Col. III
of this worksheet, then
refer to the column of the 20,988
schedule that corresponds
to the number of children
in this family. If the 20,989
income of the parents is
more than one sum, and less
476
than another sum, in the 20,990
first column of the
schedule, you may calculate
the basic combined child 20,991
support obligation based
upon the obligation for
those two sums.)........... $...... 20,993
18. Annual child care expenses 20,994
for the children who are
the subject of this order 20,995
that are work, employment
training, or education 20,996
related, as approved by the
court or agency (deduct the
tax credit from annual 20,997
cost, whether or not
claimed)................... $...... $...... 20,998
19. Marginal, out-of-pocket 20,999
costs, necessary to provide
for health insurance for 21,000
the children who are the
subject of this order...... $...... $...... 21,001
20. Total child care and medical 21,002
expenses (add lines 18 and
19, Column I and Column II). $...... $...... 21,004
21. Combined annual child 21,005
support obligation for this
family (add lines 17 and 21,006
20, Column I and Column II). ....... $...... 21,007
22. Annual support 21,008
obligation/parent
a. Father (multiply line 21, 21,009
Col. III, by line 16a)..... $...... 21,010
477
b. Mother (multiply line 21, 21,011
Col. III, by line 16b)..... $...... 21,012
23. Adjustment for actual 21,013
expenses paid for annual
child care expenses and 21,014
marginal, out-of-pocket
costs, necessary to provide
for health insurance (enter 21,015
number from line 18 or 19
if applicable)............. $...... $...... 21,016
24. Actual annual obligation 21,017
(subtract line 23 from line
22a or 22b)................ $...... $...... 21,019
25. Gross household income per 21,020
party after exchange of
child support (add lines 14 21,022
and 24 Column I or II for
residential parent or, in 21,023
the case of shared 21,024
parenting order, the parent
to whom child support will
be paid; subtract line 24 21,025
Column I or II from line 14
for parent who is not the
residential parent or, in 21,026
the case of shared
parenting order, the parent
who will pay child support). $...... $...... 21,028
26. Comments, rebuttal, or 21,029
adjustments to correct
figures in lines 24, Column 21,030
I and 24, Column II if they
would be unjust or
inappropriate and would not 21,031
478
be in best interest of the
child or children (specific
facts to support
adjustments must be 21,032
included).................. $...... $...... 21,033
................................................................. 21,035
................................................................. 21,036
................................................................. 21,037
(Addendum sheet may be attached) 21,038
27. Final figure (this amount 21,040
reflects final annual child
support obligation)........ $...... father/mother 21,042
obligor
28. For decree: child support 21,045
per child per week or per
month (divide obligor's 21,046
annual share, line 27, by
12 or 52 and by number of
children).................. $...... 21,048
29. For deduction order: child 21,049
support per pay period
(calculate support per pay 21,050
period from figure on line
28) plus appropriate
processing charge. $...... 21,052
Calculations have been reviewed. 21,055
Signatures .............................. 21,057
Father 21,058
I do/do not consent. 21,059
Sworn to before me and subscribed in my presence, this 21,061
..... day of .........., 19... 21,062
.............................. 21,064
Notary Public 21,065
.............................. 21,066
479
Mother 21,067
I do/do not consent. 21,068
Sworn to before me and subscribed in my presence, this 21,071
..... day of .........., 19... 21,072
.............................. 21,073
Notary Public 21,074
.............................. .............................. 21,075
Attorney for Father Attorney for Mother" 21,077
(F) When a court or child support enforcement agency 21,080
calculates the amount of child support that will be required to 21,081
be paid pursuant to a child support order in a proceeding in 21,082
which both parents have split parental rights and 21,083
responsibilities with respect to the children who are the subject 21,084
of the child support order, the court or child support 21,085
enforcement agency shall use a worksheet that is identical in 21,086
content and form to the following worksheet: 21,087
"Worksheet 21,088
............... County Domestic Relations Court (or) 21,089
............... County Child Support Enforcement Agency 21,090
Child Support Computation 21,091
Split Parental Rights and Responsibilities 21,092
Name of parties ............................. 21,094
Case No. .......... 21,096
Number of minor children ...... The following parent was 21,098
designated residential parent and legal custodian: 21,099
............ mother; ............ father. 21,101
Father has ..... pay periods annually; mother has ..... pay 21,103
periods annually.
Column I Column II Column III 21,105
Father Mother Combined
1a. Annual gross income from 21,108
employment or, when
determined to be
appropriate by the court or 21,109
480
agency, average annual
gross income from
employment over a 21,110
reasonable period of years
(exclude overtime and
bonuses)................... $...... $...... 21,112
b. Amount of overtime and 21,113
bonuses Father Mother 21,114
Yr. 3 21,115
(Three years ago) $...... $...... 21,116
Yr. 2 21,117
(Two years ago) $...... $...... 21,118
Yr. 1 21,119
(Last calendar year) $...... $...... 21,120
Average: $...... $...... 21,121
(Include in Column I and/or 21,122
Column II the average of
the three years or the year 21,123
1 amount, whichever is
less, if there exists a
reasonable expectation that 21,124
the total earnings from
overtime and/or bonuses 21,125
during the current calendar
year will meet or exceed
the amount that is the 21,126
lower of the average of the
three years or the year 1
amount. If, however, there 21,127
exists a reasonable 21,128
expectation that the total
earnings from
overtime/bonuses during the 21,129
current calendar year will
481
be less than the lower of
the average of the three 21,130
years or the year 1 amount,
include only the amount
reasonably expected to be 21,132
earned this year.)......... $...... $....... 21,133
2. Annual income from interest 21,134
and dividends (whether or
not taxable)............... $...... $...... 21,136
3. Annual income from 21,137
unemployment compensation.. $...... $...... 21,138
4. Annual income from workers' 21,139
compensation or disability
insurance benefits......... $...... $...... 21,141
5. Other annual income 21,142
(identify)................. $...... $...... 21,143
6. Total annual gross income 21,144
(add lines 1-5)............ $...... $...... 21,145
7. Annual court-ordered support 21,146
paid for other children.... $...... $...... 21,147
8. Adjustment for minor 21,148
children born to either
parent and another parent, 21,149
which children are living
with this parent (number of
children times federal 21,150
income tax exemption less
child support received for
the year, not to exceed the 21,151
federal tax exemption)..... $...... $...... 21,152
9. Annual court-ordered spousal 21,153
support paid to a former
spouse..................... $...... $...... 21,155
482
10. Amount of local income taxes 21,156
actually paid or estimated
to be paid................. $...... $...... 21,158
11. For self-employed 21,159
individuals, deduct 5.6% of
adjusted gross income or 21,160
the actual marginal
difference between the
actual rate paid by the
self-employed individual 21,161
and the F.I.C.A. rate...... $...... $...... 21,162
12. For self-employed 21,163
individuals, deduct
ordinary and necessary
business expenses.......... $...... $...... 21,165
13. Total gross income 21,166
adjustments (add lines
7-12)...................... $...... $...... 21,167
14. Adjusted annual gross income 21,168
(subtract line 13 from line
6)......................... $...... $...... 21,170
15. Combined annual income that 21,171
is basis for child support
order (add line 14, Col. I 21,172
and Col. II)............... $..... 21,173
16. Percentage parent's income 21,174
to total income
a. Father (divide line 14, Col. 21,175
I by line 15, Col. III) .........% 21,176
b. Mother (divide line 14, Col. 21,177
II by line 15, Col. III)... + .......% = 100% 21,178
17. Basic combined child support 21,179
obligation/household
483
a. For children for whom the 21,180
father is the residential
parent and legal custodian 21,181
(Refer to basic child
support schedule in
division (D) of section 21,182
3113.215 of the Revised
Code; in the first column
of the schedule, locate the 21,183
sum that is nearest to the
combined annual income
listed in line 15, Col. III 21,184
of this worksheet, then
refer to the column of the
schedule that corresponds 21,185
to the number of children
for whom the father is the
residential parent and 21,186
legal custodian. If the
income of the parents is
more than one sum, and less 21,187
than another sum, in the
first column of the
schedule, you may calculate 21,188
the basic combined child
support obligation based
upon the obligation for 21,189
those two sums.)........... $...... 21,190
b. For children for whom the 21,191
mother is the residential
parent and the legal 21,192
custodian. (Refer to basic
child support schedule in
division (D) of section 21,193
484
3113.215 of the Revised
Code; in the first column 21,194
of the schedule, locate the
sum that is nearest to the
combined annual income 21,195
listed in line 15, Col. III
of this worksheet, then
refer to the column of the 21,196
schedule that corresponds
to the number of children
for whom the mother is the 21,197
residential parent and the 21,198
legal custodian. If the
income of the parents is
more than one sum, and less 21,199
than another sum, in the
first column of the
schedule, you may calculate 21,200
the basic combined child
support obligation based
upon the obligation for 21,201
those two sums.)........... $...... 21,202
18. Annual child care expenses 21,203
for the children who are
the subject of this order 21,204
that are work, employment
training, or education 21,205
related, as approved by the
court or agency (deduct the
tax credit from annual 21,206
cost, whether or not
claimed)
a. Expenses paid by the father. $...... 21,208
b. Expenses paid by the mother. $...... 21,210
485
19. Marginal, out-of-pocket 21,211
costs, necessary to provide
for health insurance for 21,212
the children who are the
subject of this order
a. Costs paid by the father.... $...... 21,214
b. Costs paid by the mother.... $...... 21,216
20. Total annual child care and 21,217
medical expenses
a. Of father (add lines 18a and 21,218
19a)....................... $...... 21,219
b. Of mother (add lines 18b and 21,220
19b)....................... $...... 21,221
21. Total annual child support 21,222
obligation
a. Of father for child(ren) for 21,223
whom the mother is the
residential parent and 21,224
legal custodian (add lines
20a and 17b and multiply by
line 16a).................. $...... 21,226
b. Of mother for child(ren) for 21,227
whom the father is the
residential parent and 21,228
legal custodian (add lines
20b and 17a and multiply by 21,229
line 16b).................. $...... 21,230
22. Adjustment for actual 21,231
expenses paid for annual
child care expenses, and 21,232
marginal, out-of-pocket
costs, necessary to provide
for health insurance
486
a. For father (enter number 21,233
from line 20a)............. $...... 21,234
b. For mother (enter number 21,235
from line 20b)............. $...... 21,236
23. Actual annual obligation 21,237
(subtract line 22a from
line 21a and insert in 21,238
Column I; subtract line 22b
from line 21b and insert in
Column II)................. $...... $...... 21,240
24. Net annual support 21,241
obligation (greater amount
on line 23 Column I or line 21,242
23 Column II minus lesser
amount on line 23 Column I
or line 23 Column II)...... $...... $...... 21,244
25. Gross household income per 21,245
party after exchange of
child support.............. $...... $...... 21,247
(add line 14 and line 24 21,248
for the parent receiving a
child support payment; 21,249
subtract line 24 from line
14 for the parent making a
child support payment) 21,250
26. Comments, rebuttal, or 21,251
adjustments to correct
figures in lines 24, Column 21,252
I and 24, Column II if they
would be unjust or
inappropriate and would not 21,253
be in best interest of the
children (specific facts to
support adjustments must be 21,254
487
included).................. $...... $...... 21,255
................................................................. 21,257
................................................................. 21,258
................................................................. 21,259
(Addendum sheet may be attached) 21,260
27. Final figure (this amount 21,262
reflects final annual child
support obligation)........ $...... father/mother 21,264
obligor
28. For decree: child support 21,267
per child per week or per
month (divide obligor's 21,268
annual share, line 27, by
12 or 52 and by the number
of children)............... $...... 21,270
29. For deduction order: child 21,271
support per day (calculate
support per pay period from 21,272
figure on line 28) and add
appropriate processing 21,273
charge. $...... 21,274
Calculations have been reviewed. 21,277
Signatures .............................. 21,279
Father 21,280
I do/do not consent. 21,281
Sworn to before me and subscribed in my presence, this 21,284
..... day of .........., 19... 21,285
.............................. 21,287
Notary Public 21,288
.............................. 21,289
Mother 21,290
I do/do not consent. 21,291
Sworn to before me and subscribed in my presence, this 21,294
..... day of .........., 19... 21,295
488
.............................. 21,297
Notary Public 21,298
.............................. .............................. 21,299
Attorney for Father Attorney for Mother" 21,300
(G) At least once every four years, the department of 21,303
human JOB AND FAMILY services shall review the basic child 21,304
support schedule set forth in division (D) of this section to 21,305
determine whether support orders issued in accordance with the 21,306
schedule and the applicable worksheet in division (E) of this 21,307
section, through line 24, or in division (F) of this section, 21,308
through line 23, adequately provide for the needs of the children 21,309
who are subject to the support orders, prepare a report of its 21,310
review, and submit a copy of the report to both houses of the 21,311
general assembly. For each review, the department shall 21,312
establish a child support guideline advisory council to assist 21,313
the department in the completion of its reviews and reports. 21,315
Each council shall be composed of obligors, obligees, judges of 21,316
courts of common pleas who have jurisdiction over domestic 21,317
relations cases, attorneys whose practice includes a significant 21,318
number of domestic relations cases, representatives of child 21,319
support enforcement agencies, other persons interested in the 21,320
welfare of children, three members of the senate appointed by the 21,321
president of the senate, no more than two of whom are members of 21,322
the same party, and three members of the house of representatives 21,323
appointed by the speaker of the house, no more than two of whom 21,324
are members of the same party. The department shall consider 21,325
input from the council prior to the completion of any report 21,326
under this section. The advisory council shall cease to exist at 21,327
the time that it submits its report to the general assembly. Any 21,328
expenses incurred by an advisory council shall be paid by the 21,330
department.
On or before March 1, 1993, the department shall submit its 21,332
initial report under this division to both houses of the general 21,333
assembly. On or before the first day of March of every fourth 21,334
489
year after 1993, the department shall submit a report under this 21,335
division to both houses of the general assembly. 21,336
Sec. 3113.216. (A) As used in this section, "obligor" and 21,345
"obligee" have the same meanings as in section 3113.21 of the 21,346
Revised Code.
(B) No later than October 13, 1990, the department 21,348
DIRECTOR of human JOB AND FAMILY services shall adopt rules 21,349
pursuant to Chapter 119. of the Revised Code establishing a 21,351
procedure for determining when existing child support orders 21,352
should be reviewed to determine whether it is necessary and in 21,353
the best interest of the children who are the subject of the 21,354
child support order to change the child support order. The rules 21,355
shall include, but are not limited to, all of the following: 21,356
(1) Any procedures necessary to comply with section 21,358
666(a)(10) of Title 42 of the U.S. Code, "Family Support Act of 21,359
1988," 102 Stat. 2346, 42 U.S.C. 666(a)(10), as amended, and any 21,360
regulations adopted pursuant to, or to enforce, that section; 21,361
(2) Procedures for determining what child support orders 21,363
are to be subject to review upon the request of either the 21,364
obligor or the obligee or periodically by the child support 21,365
enforcement agency administering the child support order; 21,366
(3) Procedures for the child support enforcement agency to 21,368
periodically review and to review, upon the request of the 21,369
obligor or the obligee, any child support order that is subject 21,370
to review to determine whether the amount of child support paid 21,371
under the child support order should be adjusted in accordance 21,372
with the basic child support schedule set forth in division (D) 21,373
of section 3113.215 of the Revised Code or whether the provisions 21,374
for the child's health care needs under the child support order 21,375
should be modified in accordance with section 3113.217 of the 21,376
Revised Code;
(4) Procedures for giving obligors and obligees notice of 21,378
their right to request a review of a child support order that is 21,379
determined to be subject to review, notice of any proposed 21,380
490
revision of the amount of child support to be paid under the 21,381
child support order, notice of the procedures for requesting a 21,382
hearing on any proposed revision of the amount of child support 21,383
to be paid under a child support order, notice of any 21,384
administrative hearing to be held on a proposed revision of the 21,385
amount of child support to be paid under a child support order, 21,386
at least sixty days' prior notice of any review of their child 21,387
support order, and notice that a failure to comply with any 21,388
request for documents or information to be used in the review of 21,389
a child support order is contempt of court; 21,390
(5) Procedures for obtaining the necessary documents and 21,392
information necessary to review child support orders and for 21,393
holding administrative hearings on a proposed revision of the 21,394
amount of child support to be paid under a child support order; 21,395
(6) Procedures for adjusting child support orders in 21,397
accordance with the basic child support schedule set forth in 21,398
division (D) of section 3113.215 of the Revised Code and the 21,399
applicable worksheet in division (E) of that section, through 21,400
line 24, or in division (F) of that section, through line 23; 21,401
(7) Procedures for adjusting the provisions of the child 21,403
support order governing the health care needs of the child 21,404
pursuant to section 3113.217 of the Revised Code. 21,405
(C)(1) If a child support enforcement agency, periodically 21,407
or upon request of an obligor or obligee, plans to review a child 21,408
support order in accordance with the rules adopted pursuant to 21,409
division (B) of this section or otherwise plans to review a child 21,410
support order, it shall do all of the following prior to formally 21,411
beginning the review: 21,412
(a) Establish a date certain upon which the review will 21,414
formally begin; 21,415
(b) At least sixty days before formally beginning the 21,417
review, send the obligor and the obligee notice of the planned 21,418
review and of the date when the review will formally begin; 21,419
(c) Request the obligor to provide the agency, no later 21,421
491
than the scheduled date for formally beginning the review, with a 21,422
copy of the obligor's federal income tax return from the previous 21,423
year, a copy of all pay stubs obtained by the obligor within the 21,424
preceding six months, a copy of all other records evidencing the 21,425
receipt of any other salary, wages, or compensation by the 21,426
obligor within the preceding six months, a list of the group 21,427
health insurance and health care policies, contracts, and plans 21,428
available to the obligor and their costs, the current health 21,429
insurance or health care policy, contract, or plan under which 21,430
the obligor is enrolled and its cost, and any other information 21,432
necessary to properly review the child support order, and request 21,433
the obligee to provide the agency, no later than the scheduled 21,434
date for formally beginning the review, with a copy of the 21,435
obligee's federal income tax return from the previous year, a
copy of all pay stubs obtained by the obligee within the 21,436
preceding six months, a copy of all other records evidencing the 21,437
receipt of any other salary, wages, or compensation by the 21,438
obligee within the preceding six months, a list of the group 21,439
health insurance and health care policies, contracts, and plans 21,440
available to the obligee and their costs, the current health 21,441
insurance or health care policy, contract, or plan under which 21,442
the obligee is enrolled and its cost, and any other information 21,444
necessary to properly review the child support order;
(d) Include in the notice sent pursuant to division 21,446
(C)(1)(b) of this section, a notice that a willful failure to 21,447
provide the documents and other information requested pursuant to 21,448
division (C)(1)(c) of this section is contempt of court. 21,449
(2) If either the obligor or the obligee fails to comply 21,451
with a request for information made pursuant to division 21,452
(C)(1)(c) of this section, it is contempt of court, and the 21,453
agency shall notify the court of the failure to comply with the 21,454
request for information. The agency may request the court to 21,455
issue an order requiring the obligor or the obligee to provide 21,456
the information as requested or take whatever action is necessary 21,457
492
to obtain the information and make any reasonable assumptions 21,458
necessary with respect to the information the person in contempt 21,460
of court did not provide to ensure a fair and equitable review of 21,461
the child support order. If the agency decides to conduct the 21,463
review based on reasonable assumptions with respect to the 21,465
information the person in contempt of court did not provide, it 21,467
shall proceed under division (C)(3) of this section in the same 21,469
manner as if all requested information has been received. 21,470
(3) Upon the date established pursuant to division 21,472
(C)(1)(a) of this section for formally beginning the review of a 21,473
child support order, the agency shall review the child support 21,474
order and shall do all of the following: 21,475
(a) Calculate a revised amount of child support to be paid 21,477
under the child support order; 21,478
(b) Give the obligor and obligee notice of the revised 21,480
amount of child support to be paid under the child support order, 21,481
of their right to request an administrative hearing on the 21,482
revised amount of child support, of the procedures and time 21,483
deadlines for requesting the hearing, and that the revised amount 21,484
of child support will be submitted to the court for inclusion in 21,485
a revised child support order unless the obligor or obligee 21,486
requests an administrative hearing on the proposed change within 21,487
thirty days after receipt of the notice under this division; 21,488
(c) If neither the obligor nor the obligee timely requests 21,490
an administrative hearing on the revised amount of child support 21,491
to be paid under the child support order, submit the revised 21,492
amount of child support to the court for inclusion in a revised 21,493
child support order; 21,494
(d) If the obligor or the obligee timely requests an 21,496
administrative hearing on the revised amount of child support to 21,497
be paid under the child support order, the agency shall schedule 21,498
a hearing on the issue, give the obligor and obligee notice of 21,499
the date, time, and location of the hearing, conduct the hearing 21,500
in accordance with the rules adopted under division (B) of this 21,501
493
section, redetermine at the hearing a revised amount of child 21,502
support to be paid under the child support order, and give notice 21,503
of all of the following to the obligor and obligee: 21,504
(i) The revised amount of child support to be paid under 21,506
the child support order; 21,507
(ii) That they may request a court hearing on the revised 21,509
amount of child support; 21,510
(iii) That the agency will submit the revised amount of 21,512
child support to the court for inclusion in a revised child 21,513
support order, if neither the obligor nor the obligee requests a 21,514
court hearing on the revised amount of child support. 21,515
(e) If neither the obligor nor the obligee requests a 21,517
court hearing on the revised amount of child support to be paid 21,518
under the child support order, submit the revised amount of child 21,519
support to the court for inclusion in a revised child support 21,520
order. 21,521
(4) In calculating a revised amount of child support to be 21,523
paid under a child support order under division (C)(3)(a) of this 21,524
section, and in redetermining, at an administrative hearing 21,525
conducted under division (C)(3)(d) of this section, a revised 21,526
amount of child support to be paid under a child support order, 21,527
the child support enforcement agency shall consider, in addition 21,528
to all other factors required by law to be considered, the 21,529
following: 21,530
(a) The appropriate person, whether it is the obligor, 21,532
obligee, or both, to be required in accordance with section 21,533
3113.217 of the Revised Code to provide health insurance coverage 21,534
for the children specified in the order;
(b) The cost of health insurance coverage which the 21,537
obligor, the obligee, or both have been ordered to obtain in 21,538
accordance with section 3113.217 of the Revised Code for the 21,539
children specified in the order. 21,540
(D) If an obligor or obligee files a request for a court 21,542
hearing on a revised amount of child support to be paid under a 21,543
494
child support order in accordance with division (C) of this 21,544
section and the rules adopted under division (B) of this section, 21,545
the court shall conduct a hearing in accordance with division 21,546
(C)(1)(c) of section 3113.21 of the Revised Code. 21,547
(E) A child support enforcement agency is not required to 21,549
review a child support order pursuant to this section if the 21,550
review is not otherwise required by section 666(a)(10) of Title 21,551
42 of the U.S. Code, "Family Support Act of 1988," 102 Stat. 21,552
2346, 42 U.S.C. 666(a)(10), as amended, and any regulations 21,553
adopted pursuant to, or to enforce, that section and if either of 21,554
the following apply: 21,555
(1) The obligee has made an assignment under section 21,557
5107.20 of the Revised Code of the right to receive child support 21,559
payments, the agency determines that the review would not be in 21,560
the best interest of the children who are the subject of the 21,561
child support order, and neither the obligor nor the obligee has 21,562
requested that the review be conducted; 21,563
(2) The obligee has not made an assignment under section 21,565
5107.20 of the Revised Code of the right to receive child support 21,567
payments, AND neither the obligor nor the obligee has requested 21,568
that the review be conducted. 21,569
Sec. 3113.99. (A) For purposes of this section: 21,578
(1) "Child support order" means an order for support 21,580
issued or modified under Chapter 3115. or section 2151.23, 21,581
2151.231, 2151.232, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 21,583
3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised 21,584
Code.
(2) "Obligor" means a person who is required to pay 21,586
support under a child support order. 21,587
(B) Whoever violates section 3113.06 of the Revised Code 21,589
is guilty of a misdemeanor of the first degree. If the offender 21,590
previously has been convicted of or pleaded guilty to a violation 21,591
of section 3113.06 of the Revised Code or if the court finds that 21,592
the offender has failed to pay the cost of child maintenance 21,593
495
under section 3113.06 of the Revised Code for a total accumulated 21,594
period of twenty-six weeks out of one hundred four consecutive 21,595
weeks, whether or not the twenty-six weeks were consecutive, a
violation of section 3113.06 of the Revised Code is a felony of 21,596
the fifth degree. 21,597
(C) An obligor who violates division (D)(1)(c) of section 21,600
3113.21 of the Revised Code shall be fined not more than fifty 21,601
dollars for a first offense, not more than one hundred dollars 21,602
for a second offense, and not more than five hundred dollars for 21,603
each subsequent offense.
(D) An obligor who violates division (G)(2) of section 21,605
3113.21 of the Revised Code shall be fined not more than fifty 21,606
dollars for a first offense, not more than one hundred dollars 21,608
for a second offense, and not more than five hundred dollars for 21,609
each subsequent offense.
(E) A fine amount imposed pursuant to division (C) or (D) 21,612
of this section shall be paid to the division of child support in 21,613
the department of human JOB AND FAMILY services or, pursuant to 21,615
division (H)(4) of section 2301.35 of the Revised Code, the child 21,616
support enforcement agency. The amount of the fine that does not 21,619
exceed the amount of arrearage under the child support order 21,620
shall be disbursed in accordance with the child support order. 21,621
The amount of the fine that exceeds the amount of the arrearage
order shall be called program income and collected in accordance 21,623
with section 5101.325 of the Revised Code. 21,624
Sec. 3115.21. (A) The state department of human JOB AND 21,634
FAMILY services is the state information agency under sections 21,636
3115.01 to 3115.59 of the Revised Code.
(B) The state information agency shall do all of the 21,638
following:
(1) Compile a list, including addresses, of the tribunals 21,641
in this state and each support enforcement agency in this state 21,643
and transmit a copy to the state information agency of every 21,644
other state that has adopted an act substantially similar to 21,645
496
sections 3115.01 to 3115.59 of the Revised Code;
(2) Maintain a register of tribunals and support 21,647
enforcement agencies received from other states; 21,648
(3) Forward to the appropriate tribunal in this state that 21,651
has jurisdiction over the individual obligee or the obligor or 21,652
the obligor's property, all documents concerning a proceeding 21,653
under sections 3115.01 to 3115.59 of the Revised Code received 21,654
from an initiating tribunal or the state information agency of 21,655
the initiating state; 21,656
(4) Obtain information concerning the location of the 21,658
obligor and the obligor's property within this state not exempt 21,659
from execution, by such means as postal verification and federal 21,660
or state parent locator services, examination of telephone 21,661
directories, requests for the obligor's address from employers, 21,662
and examination of governmental records, including, to the extent 21,663
not prohibited by other law, those relating to real property, 21,664
vital statistics, law enforcement, taxation, motor vehicles, 21,665
drivers' licenses, and social security benefits. 21,666
Sec. 3115.31. (A) If a support order entitled to 21,676
recognition under sections 3115.01 to 3115.59 of the Revised Code 21,678
has not been issued, a responding tribunal of this state may 21,681
issue a support order if either of the following apply:
(1) The individual seeking the order resides in another 21,683
state; 21,684
(2) The support enforcement agency seeking the order is 21,686
located in another state. 21,687
(B) The tribunal may issue a temporary child support order 21,689
if any of the following apply: 21,690
(1) The defendant has signed a verified statement 21,692
acknowledging that the defendant is the parent of the child; 21,693
(2) The defendant has been determined by or pursuant to 21,695
law to be the parent; 21,696
(3) There is other clear and convincing evidence that the 21,698
defendant is the child's parent. 21,699
497
(C)(1) If the responding tribunal finds, after giving 21,701
notice and an opportunity to be heard to the obligor, that the 21,702
obligor owes a duty of support, it shall issue a support order 21,703
directed to the obligor and may issue any other order under 21,705
section 3115.16 of the Revised Code. Support orders made 21,706
pursuant to sections 3115.01 to 3115.59 of the Revised Code shall 21,708
require that payments be made to the division of child support in 21,709
the department of human JOB AND FAMILY services.
(2) The responding tribunal shall transmit to the 21,711
initiating tribunal a copy of all orders of support or for 21,712
reimbursement of support. 21,713
(3) Each order for support made or modified under section 21,716
3115.16 of the Revised Code, this section, and under former 21,717
section 3115.22 of the Revised Code on or after December 31, 21,720
1993, shall include as part of the order a general provision, as 21,722
described in division (A)(1) of section 3113.21 of the Revised 21,723
Code, requiring the withholding or deduction of income or assets 21,724
of the obligor under the order as described in division (D) of 21,725
section 3113.21 of the Revised Code or another type of 21,726
appropriate requirement as described in division (D)(3), (D)(4), 21,727
or (H) of that section, to ensure that withholding or deduction 21,729
from the income or assets of the obligor is available from the 21,730
commencement of the support order for collection of the support 21,731
and of any arrearages that occur; a statement requiring all 21,732
parties to the order to notify the support enforcement agency in 21,733
writing of their current mailing address, current residence 21,734
address, current residence telephone number, current driver's 21,735
license number, and any changes to that information; and a notice 21,736
that the requirement to notify the agency of all changes to that 21,738
information continues until further notice from the tribunal. 21,739
Any tribunal that makes or modifies an order for support under 21,741
this section or former section 3115.22 of the Revised Code on or 21,742
after April 12, 1990, shall comply with sections 3113.21 to 21,744
3113.219 of the Revised Code. If any person required to pay 21,745
498
child support under an order made under this section or former 21,746
section 3115.22 of the Revised Code on or after April 15, 1985, 21,748
or any person required to pay support under an order made or 21,749
modified under this section or former section 3115.22 of the 21,750
Revised Code on or after December 31, 1986, is found in contempt 21,752
of court for failure to make support payments under the order, 21,753
the tribunal that makes the finding, in addition to any other 21,754
penalty or remedy imposed, shall assess all court costs arising 21,755
out of the contempt proceeding against the person and require the 21,756
person to pay any reasonable attorney's fees of any adverse 21,757
party, as determined by the tribunal, that arose in relation to 21,758
the act of contempt. 21,759
Sec. 3301.15. The state board of education or its 21,768
authorized representatives may inspect all institutions under the 21,769
control of the department of human JOB AND FAMILY services, the 21,770
department of mental health, the department of mental retardation 21,771
and developmental disabilities, and the department of
rehabilitation and correction which employ teachers, and may make 21,772
a report on the teaching, discipline, and school equipment in 21,773
these institutions to the director of human JOB AND FAMILY 21,774
services, the director of mental health, the director of mental 21,775
retardation and developmental disabilities, the director of
rehabilitation and correction, and the governor. 21,776
Sec. 3301.32. (A)(1) The chief administrator of any head 21,786
start agency shall request the superintendent of the bureau of 21,787
criminal identification and investigation to conduct a criminal 21,788
records check with respect to any applicant who has applied to 21,789
the head start agency for employment as a person responsible for 21,790
the care, custody, or control of a child. If the applicant does 21,791
not present proof that the applicant has been a resident of this 21,792
state for the five-year period immediately prior to the date upon 21,793
which the criminal records check is requested or does not provide 21,794
evidence that within that five-year period the superintendent has 21,795
requested information about the applicant from the federal bureau 21,796
499
of investigation in a criminal records check, the chief 21,797
administrator shall request that the superintendent obtain 21,798
information from the federal bureau of investigation as a part of 21,799
the criminal records check for the applicant. If the applicant 21,800
presents proof that the applicant has been a resident of this 21,801
state for that five-year period, the chief administrator may 21,802
request that the superintendent include information from the 21,803
federal bureau of investigation in the criminal records check. 21,804
(2) Any person required by division (A)(1) of this section 21,806
to request a criminal records check shall provide to each 21,807
applicant a copy of the form prescribed pursuant to division 21,808
(C)(1) of section 109.572 of the Revised Code, provide to each 21,809
applicant a standard impression sheet to obtain fingerprint 21,810
impressions prescribed pursuant to division (C)(2) of section 21,811
109.572 of the Revised Code, obtain the completed form and 21,812
impression sheet from each applicant, and forward the completed 21,813
form and impression sheet to the superintendent of the bureau of 21,814
criminal identification and investigation at the time the chief 21,815
administrator requests a criminal records check pursuant to 21,816
division (A)(1) of this section. 21,817
(3) Any applicant who receives pursuant to division (A)(2) 21,819
of this section a copy of the form prescribed pursuant to 21,820
division (C)(1) of section 109.572 of the Revised Code and a copy 21,821
of an impression sheet prescribed pursuant to division (C)(2) of 21,822
that section and who is requested to complete the form and 21,823
provide a set of fingerprint impressions shall complete the form 21,824
or provide all the information necessary to complete the form and 21,825
shall provide the impression sheets with the impressions of the 21,826
applicant's fingerprints. If an applicant, upon request, fails 21,828
to provide the information necessary to complete the form or 21,829
fails to provide impressions of the applicant's fingerprints, the 21,830
head start agency shall not employ that applicant for any 21,831
position for which a criminal records check is required by 21,833
division (A)(1) of this section.
500
(B)(1) Except as provided in rules adopted by the 21,835
department DIRECTOR of human JOB AND FAMILY services in 21,837
accordance with division (E) of this section, no head start 21,838
agency shall employ a person as a person responsible for the 21,839
care, custody, or control of a child if the person previously has 21,840
been convicted of or pleaded guilty to any of the following: 21,841
(a) A violation of section 2903.01, 2903.02, 2903.03, 21,843
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 21,844
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 21,846
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 21,847
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 21,848
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 21,849
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 21,850
2925.06, or 3716.11 of the Revised Code, a violation of section 21,851
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 21,852
have been a violation of section 2905.04 of the Revised Code as 21,853
it existed prior to July 1, 1996, had the violation occurred 21,854
prior to that date, , a violation of section 2925.11 of the 21,856
Revised Code that is not a minor drug possession offense, or 21,858
felonious sexual penetration in violation of former section 21,859
2907.12 of the Revised Code;
(b) A violation of an existing or former law of this 21,861
state, any other state, or the United States that is 21,862
substantially equivalent to any of the offenses or violations 21,863
described in division (B)(1)(a) of this section. 21,864
(2) A head-start HEAD START agency may employ an applicant 21,866
conditionally until the criminal records check required by this 21,867
section is completed and the agency receives the results of the 21,868
criminal records check. If the results of the criminal records 21,869
check indicate that, pursuant to division (B)(1) of this section, 21,870
the applicant does not qualify for employment, the agency shall 21,871
release the applicant from employment. 21,872
(C)(1) Each head start agency shall pay to the bureau of 21,874
501
criminal identification and investigation the fee prescribed 21,875
pursuant to division (C)(3) of section 109.572 of the Revised 21,876
Code for each criminal records check conducted in accordance with 21,877
that section upon the request pursuant to division (A)(1) of this 21,878
section of the chief administrator of the head start agency. 21,879
(2) A head start agency may charge an applicant a fee for 21,881
the costs it incurs in obtaining a criminal records check under 21,882
this section. A fee charged under this division shall not exceed 21,883
the amount of fees the agency pays under division (C)(1) of this 21,884
section. If a fee is charged under this division, the agency 21,885
shall notify the applicant at the time of the applicant's initial 21,886
application for employment of the amount of the fee and that, 21,888
unless the fee is paid, the head start agency will not consider 21,889
the applicant for employment. 21,890
(D) The report of any criminal records check conducted by 21,892
the bureau of criminal identification and investigation in 21,893
accordance with section 109.572 of the Revised Code and pursuant 21,894
to a request made under division (A)(1) of this section is not a 21,895
public record for the purposes of section 149.43 of the Revised 21,896
Code and shall not be made available to any person other than the 21,897
applicant who is the subject of the criminal records check or the 21,898
applicant's representative, the head start agency requesting the 21,900
criminal records check or its representative, and any court, 21,901
hearing officer, or other necessary individual involved in a case 21,902
dealing with the denial of employment to the applicant. 21,903
(E) The department DIRECTOR of human JOB AND FAMILY 21,906
services shall adopt rules pursuant to Chapter 119. of the 21,907
Revised Code to implement this section, including rules 21,908
specifying circumstances under which a head start agency may hire 21,909
a person who has been convicted of an offense listed in division 21,910
(B)(1) of this section but who meets standards in regard to 21,911
rehabilitation set by the department DIRECTOR. 21,912
(F) Any person required by division (A)(1) of this section 21,914
to request a criminal records check shall inform each person, at 21,915
502
the time of the person's initial application for employment, that 21,916
the person is required to provide a set of impressions of the 21,917
person's fingerprints and that a criminal records check is 21,919
required to be conducted and satisfactorily completed in 21,920
accordance with section 109.572 of the Revised Code if the person 21,921
comes under final consideration for appointment or employment as 21,922
a precondition to employment for that position. 21,923
(G) As used in this section: 21,925
(1) "Applicant" means a person who is under final 21,927
consideration for appointment or employment in a position with a 21,928
head start agency as a person responsible for the care, custody, 21,929
or control of a child. 21,930
(2) "Head start agency" has the same meaning as in section 21,932
3301.31 of the Revised Code. 21,933
(3) "Criminal records check" has the same meaning as in 21,935
section 109.572 of the Revised Code. 21,936
(4) "Minor drug possession offense" has the same meaning 21,938
as in section 2925.01 of the Revised Code. 21,939
Sec. 3301.53. (A) Not later than July 1, 1988, the state 21,949
board of education, in consultation with the director of human 21,950
JOB AND FAMILY services, shall formulate and prescribe by rule
adopted under Chapter 119. of the Revised Code minimum standards 21,951
to be applied to preschool programs operated by school district 21,952
boards of education, county MR/DD boards, eligible nonpublic 21,953
schools, head start grantees, and head start delegate agencies. 21,954
The rules shall include the following: 21,955
(1) Standards ensuring that the preschool program is 21,957
located in a safe and convenient facility that accommodates the 21,958
enrollment of the program, is of the quality to support the 21,959
growth and development of the children according to the program 21,960
objectives, and meets the requirements of section 3301.55 of the 21,961
Revised Code; 21,962
(2) Standards ensuring that supervision, discipline, and 21,964
programs will be administered according to established objectives 21,965
503
and procedures; 21,966
(3) Standards ensuring that preschool staff members and 21,968
nonteaching employees are recruited, employed, assigned, 21,969
evaluated, and provided inservice education without 21,970
discrimination on the basis of age, color, national origin, race, 21,971
or sex; and that preschool staff members and nonteaching 21,972
employees are assigned responsibilities in accordance with 21,973
written position descriptions commensurate with their training 21,974
and experience; 21,975
(4) A requirement that boards of education intending to 21,977
establish a preschool program on or after March 17, 1989, 21,978
demonstrate a need for a preschool program that is not being met 21,979
by any existing program providing child day-care, prior to 21,980
establishing the program; 21,981
(5) Requirements that children participating in preschool 21,983
programs have been immunized to the extent considered appropriate 21,984
by the state board to prevent the spread of communicable disease; 21,985
(6) Requirements that the parents of preschool children 21,987
complete the emergency medical authorization form specified in 21,988
section 3313.712 of the Revised Code. 21,989
(B) The state board of education in consultation with the 21,991
director of human JOB AND FAMILY services shall ensure that the 21,992
rules adopted by the state board under sections 3301.52 to 21,993
3301.58 of the Revised Code are consistent with and meet or 21,994
exceed the requirements of Chapter 5104. of the Revised Code with 21,995
regard to child day-care centers. The state board and the 21,996
director of human JOB AND FAMILY services shall review all such 21,997
rules at least once every five years.
(C) On or before January 1, 1992, the state board of 21,999
education, in consultation with the department DIRECTOR of human 22,001
JOB AND FAMILY services, shall adopt rules for school child 22,002
programs that are consistent with and meet or exceed the 22,003
requirements of the rules adopted for school child day-care 22,004
centers under Chapter 5104. of the Revised Code. 22,005
504
Sec. 3301.57. (A) For the purpose of improving programs, 22,015
facilities, and implementation of the standards promulgated by 22,016
the state board of education under section 3301.53 of the Revised 22,017
Code, the state department of education shall provide 22,018
consultation and technical assistance to school districts, county 22,019
MR/DD boards, eligible nonpublic schools, head start grantees, 22,021
and head start delegate agencies operating preschool programs or 22,023
school child programs, and inservice training to preschool staff 22,024
members, school child program staff members, and nonteaching 22,025
employees.
(B) The department and the school district board of 22,027
education, county MR/DD board, eligible nonpublic school, head 22,029
start grantee, or head start delegate agency shall jointly 22,030
monitor each preschool program and each school child program. 22,031
If the program receives any grant or other funding from the 22,033
state or federal government, the department annually shall 22,034
monitor all reports on attendance, financial support, and 22,035
expenditures according to provisions for use of the funds. 22,036
(C) The department of human JOB AND FAMILY services and 22,038
the department of education shall enter into a contract pursuant 22,039
to which the department of education inspects preschool programs 22,040
and school child programs in accordance with sections 3301.52 to 22,041
3301.59 of the Revised Code, the rules adopted under those 22,042
sections, and any applicable procedures in Chapter 5104. of the 22,043
Revised Code and investigates any complaints filed pursuant to 22,044
those sections or rules. The contract shall require the 22,045
department of human JOB AND FAMILY services to pay the department
of education for conducting the inspections and investigations an 22,046
amount equal to the amount that the department of human JOB AND 22,047
FAMILY services would expend conducting the same number of 22,048
inspections and investigations with its employees under Chapter 22,049
5104. of the Revised Code.
(D) The department of education, at least twice during 22,051
every twelve-month period of operation of a preschool program or 22,052
505
a licensed school child program, shall inspect the program and 22,053
provide a written inspection report to the superintendent of the 22,054
school district, county MR/DD board, eligible nonpublic school, 22,056
head start grantee, or head start delegate agency. At least one 22,057
inspection shall be unannounced, and all inspections may be 22,058
unannounced. No person shall interfere with any inspection 22,059
conducted pursuant to this division or to the rules adopted 22,060
pursuant to sections 3301.52 to 3301.59 of the Revised Code. 22,061
Upon receipt of any complaint that a preschool program or a 22,063
licensed school child program is out of compliance with the 22,064
requirements in sections 3301.52 to 3301.59 of the Revised Code 22,065
or the rules adopted under those sections, the department shall 22,066
investigate and may inspect the program. 22,067
(E) If a preschool program or a licensed school child 22,069
program is determined to be out of compliance with the 22,070
requirements of sections 3301.52 to 3301.59 of the Revised Code 22,071
or the rules adopted under those sections, the department of 22,072
education shall notify the appropriate superintendent, county 22,073
MR/DD board, eligible nonpublic school, head start grantee, or 22,075
head start delegate agency in writing regarding the nature of the 22,076
violation, what must be done to correct the violation, and by 22,077
what date the correction must be made. If the correction is not 22,078
made by the date established by the department, it may commence 22,079
action under Chapter 119. of the Revised Code to close the 22,080
program or to revoke the license of the program. If a program 22,081
does not comply with an order to cease operation issued in 22,082
accordance with Chapter 119. of the Revised Code, the department 22,083
shall notify the attorney general, the prosecuting attorney of 22,084
the county in which the program is located, or the city attorney, 22,085
village solicitor, or other chief legal officer of the municipal 22,086
corporation in which the program is located that the program is 22,087
operating in violation of sections 3301.52 to 3301.59 of the 22,088
Revised Code or the rules adopted under those sections and in 22,089
violation of an order to cease operation issued in accordance 22,090
506
with Chapter 119. of the Revised Code. Upon receipt of the 22,091
notification, the attorney general, prosecuting attorney, city 22,092
attorney, village solicitor, or other chief legal officer shall 22,093
file a complaint in the court of common pleas of the county in 22,094
which the program is located requesting the court to issue an 22,095
order enjoining the program from operating. The court shall 22,096
grant the requested injunctive relief upon a showing that the 22,097
program named in the complaint is operating in violation of 22,098
sections 3301.52 to 3301.59 of the Revised Code or the rules 22,099
adopted under those sections and in violation of an order to 22,100
cease operation issued in accordance with Chapter 119. of the 22,101
Revised Code. 22,102
(F) The department of education shall prepare an annual 22,105
report on inspections conducted under this section. The report
shall include the number of inspections conducted, the number and 22,106
types of violations found, and the steps taken to address the 22,108
violations. The department shall file the report with the 22,109
governor, the president and minority leader of the senate, and 22,110
the speaker and minority leader of the house of representatives
on or before the first day of January of each year, beginning in 22,112
1999.
Sec. 3301.581. Each head start grantee, head start 22,122
delegate agency, and eligible nonpublic school operating a head 22,123
start program shall be licensed by the department of education as 22,124
a preschool program under sections 3301.52 to 3301.59 of the 22,125
Revised Code, and does not have the option of being licensed by
the department of human JOB AND FAMILY services under Chapter 22,126
5104. of the Revised Code. Before the expiration of any 22,127
grantee's, agency's, or school's license under that chapter, or 22,128
within six months after the effective date of this section 22,129
JANUARY 1, 1998, whichever is earlier, the agency or school shall 22,130
apply for a license for a preschool program under section 3301.58 22,131
of the Revised Code. Notwithstanding division (C) of section 22,132
3301.58 of the Revised Code, a grantee, agency, or school 22,133
507
applying for a license for a head start program during the six 22,134
months following the effective date of this section JANUARY 1, 22,135
1998, need not first obtain a provisional license under that 22,137
division.
Sec. 3301.59. (A) No school child program may receive any 22,146
state or federal funds specifically allocated for school child 22,147
programs unless the school child program is licensed by the 22,148
department of education pursuant to sections 3301.52 to 3301.59 22,149
of the Revised Code or by the department of human JOB AND FAMILY 22,150
services pursuant to Chapter 5104. of the Revised Code. 22,151
(B) If an eligible nonpublic school is operating, 22,153
managing, conducting, or maintaining a preschool program or 22,154
school child program on the effective date of this section JULY 22,156
22, 1991, and if the eligible nonpublic school previously 22,157
obtained a license for the program from the department of human 22,158
JOB AND FAMILY services pursuant to Chapter 5104. of the Revised
Code, the eligible nonpublic school shall do one of the 22,159
following:
(1) On or before the expiration date of the license, apply 22,161
pursuant to Chapter 5104. of the Revised Code to the department 22,162
of human JOB AND FAMILY services for a renewal of the license; 22,163
(2) On or before the expiration date of the license, apply 22,165
pursuant to sections 3301.52 to 3301.59 of the Revised Code to 22,166
the department of education for a license for the program; 22,167
(3) If the program is a preschool program, cease to 22,169
operate, manage, conduct, or maintain the program; 22,170
(4) If the program is a school child program, not accept 22,172
any state or federal funds specifically allocated for school 22,173
child programs and not accept any state or federal funds for 22,174
publicly funded child day-care pursuant to Chapter 5104. of the 22,175
Revised Code. 22,176
(C) If an eligible nonpublic school is operating, 22,178
managing, conducting, or maintaining a preschool program or 22,179
school child program on the effective date of this section JULY 22,181
508
22, 1991, and if the eligible nonpublic school previously has not 22,183
obtained a license for the program from the department of human 22,184
JOB AND FAMILY services pursuant to Chapter 5104. of the Revised
Code, the eligible nonpublic school shall do one of the 22,185
following:
(1) On the effective date of this section JULY 22, 1991, 22,188
apply pursuant to Chapter 5104. of the Revised Code to the
department of human JOB AND FAMILY services for a license for the 22,189
program;
(2) On the effective date of this section JULY 22, 1991, 22,192
apply pursuant to sections 3301.52 to 3301.59 of the Revised Code 22,193
to the department of education for a license for the program; 22,194
(3) If the program is a preschool program, cease to 22,196
operate, manage, conduct, or maintain the program; 22,197
(4) If the program is a school child program, not accept 22,199
any state or federal funds specifically allocated for school 22,200
child programs and not accept any state or federal funds for 22,201
publicly funded child day-care pursuant to Chapter 5104. of the 22,202
Revised Code. 22,203
(D)(1) If an eligible nonpublic school that operates, 22,205
manages, conducts, or maintains a preschool program or a school 22,206
child program elects pursuant to division (B)(1) of this section 22,207
to renew a license for the program that was issued by the 22,208
department of human JOB AND FAMILY services or elects pursuant to 22,209
division (C)(1) of this section to apply to the department of 22,210
human JOB AND FAMILY services for a license for the program, that
preschool program or school child program is subject to Chapter 22,211
5104. of the Revised Code and to licensure under that chapter 22,212
until the eligible nonpublic school ceases to operate, manage, 22,213
conduct, or maintain the program. 22,214
(2) If an eligible nonpublic school that operates, 22,216
manages, conducts, or maintains a preschool program or a school 22,217
child program elects pursuant to division (B)(2) or (C)(2) of 22,218
this section to apply to the department of education for a 22,219
509
license for the program, that preschool program or school child 22,220
program is subject to sections 3301.52 to 3301.59 of the Revised 22,221
Code and to licensure under those sections until the eligible 22,222
nonpublic school ceases to operate, manage, conduct, or maintain 22,223
the program. 22,224
(E) Not later than one year after the effective date of 22,226
this section JULY 22, 1992, the departments of human JOB AND 22,228
FAMILY services and education shall each prepare a list of the 22,229
preschool programs and school child programs that are licensed by 22,230
the respective departments. 22,231
Sec. 3304.231. There is hereby created a brain injury 22,240
advisory committee, which shall advise the administrator of the 22,242
rehabilitation services commission and the brain injury program 22,244
with regard to unmet needs of survivors of brain injury, 22,245
development of programs for survivors and their families, 22,246
establishment of training programs for health care professionals, 22,247
and any other matter within the province of the brain injury 22,249
program. The committee shall consist of not less than eighteen 22,251
and not more than twenty-one members as follows: 22,252
(A) Not less than ten and not more than twelve members 22,254
appointed by the administrator of the rehabilitation services 22,255
commission, including all of the following: a survivor of brain 22,257
injury, a relative of a survivor of brain injury, a licensed 22,259
physician recommended by the Ohio chapter of the American college 22,260
of emergency physicians, a licensed physician recommended by the 22,261
Ohio state medical association, one other health care 22,262
professional, a rehabilitation professional, an individual who 22,263
represents the brain injury association of Ohio, and not less 22,265
than three nor more than five individuals who shall represent the 22,266
public;
(B) The directors of the departments of health, alcohol 22,268
and drug addiction services, mental retardation and developmental 22,269
disabilities, mental health, human JOB AND FAMILY services, and 22,270
highway safety; the administrator of workers' compensation; the 22,272
510
superintendent of public instruction; and the administrator of 22,274
the rehabilitation services commission. Any of the officials 22,275
specified in this division may designate an individual to serve 22,276
in the official's place as a member of the committee. 22,278
The director of health shall make initial appointments to 22,280
the committee by November 1, 1990. Appointments made after July 22,282
26, 1991, shall be made by the administrator of the 22,284
rehabilitation services commission. Terms of office shall be two 22,285
years. Members may be reappointed. Vacancies shall be filled in 22,286
the manner provided for original appointments. Any member 22,287
appointed to fill a vacancy occurring prior to the expiration 22,288
date of the term for which the member's predecessor was appointed 22,289
shall hold office as a member for the remainder of that term. 22,290
Members of the committee shall serve without compensation, 22,293
but shall be reimbursed for actual and necessary expenses
incurred in the performance of their duties. 22,294
Sec. 3307.21. (A) The treasurer of state shall furnish 22,303
annually to the state teachers retirement board a sworn statement 22,304
of the amount of the funds in the treasurer's custody belonging 22,306
to the state teachers retirement system.
(B)(1) As used in this division, "personal history record" 22,308
means information maintained by the board on a member, former 22,309
member, contributor, former contributor, retirant, or beneficiary 22,310
that includes the address, telephone number, social security 22,311
number, record of contributions, correspondence with the system, 22,312
or other information the board determines to be confidential. 22,313
(2) The records of the board shall be open to public 22,315
inspection, except for the following, which shall be excluded, 22,316
except with the written authorization of the individual 22,317
concerned: 22,318
(a) The individual's personal records provided for in 22,320
section 3307.29 of the Revised Code; 22,321
(b) The individual's personal history record; 22,323
(c) Any information identifying, by name and address, the 22,325
511
amount of a monthly allowance or benefit paid to the individual. 22,326
(C) All medical reports and recommendations under sections 22,328
3307.42, 3307.44, and 3307.49 of the Revised Code are privileged, 22,329
except that copies of such medical reports or recommendations 22,330
shall be made available to the personal physician, attorney, or 22,331
authorized agent of the individual concerned upon written release 22,332
received from the individual or the individual's agent, or, when 22,334
necessary for the proper administration of the fund, to the board 22,335
assigned physician.
(D) Any person who is a member or contributor of the 22,337
system shall be furnished, on written request, with a statement 22,339
of the amount to the credit of the person's account. The board 22,340
need not answer more than one request of a person in any one 22,341
year.
(E) Notwithstanding the exceptions to public inspection in 22,343
division (B)(2) of this section, the board may furnish the 22,344
following information: 22,345
(1) If a member, former member, retirant, contributor, or 22,347
former contributor is subject to an order issued under section 22,348
2907.15 of the Revised Code or is convicted of or pleads guilty 22,349
to a violation of section 2921.41 of the Revised Code, on written 22,350
request of a prosecutor as defined in section 2935.01 of the 22,351
Revised Code, the board shall furnish to the prosecutor the 22,352
information requested from the individual's personal history 22,353
record. 22,354
(2) Pursuant to a court or administrative order issued 22,356
under section 3111.23 or 3113.21 of the Revised Code, the board 22,357
shall furnish to a court or child support enforcement agency the 22,358
information required under that section. 22,359
(3) At the written request of any person, the board shall 22,361
provide to the person a list of the names and addresses of 22,362
members, former members, retirants, contributors, former 22,363
contributors, or beneficiaries. The costs of compiling, copying, 22,364
and mailing the list shall be paid by such person. 22,365
512
(4) Within fourteen days after receiving from the director 22,367
of human JOB AND FAMILY services a list of the names and social 22,368
security numbers of recipients of public assistance pursuant to 22,369
section 5101.181 of the Revised Code, the board shall inform the 22,370
auditor of state of the name, current or most recent employer 22,371
address, and social security number of each member whose name and 22,372
social security number are the same as that of a person whose 22,373
name or social security number was submitted by the director. 22,374
The board and its employees shall, except for purposes of 22,375
furnishing the auditor of state with information required by this 22,376
section, preserve the confidentiality of recipients of public 22,377
assistance in compliance with division (A) of section 5101.181 of 22,378
the Revised Code.
(F) A statement that contains information obtained from 22,380
the system's records that is signed by an officer of the 22,381
retirement system and to which the system's official seal is 22,382
affixed, or copies of the system's records to which the signature 22,383
and seal are attached, shall be received as true copies of the 22,384
system's records in any court or before any officer of this 22,385
state. 22,386
Sec. 3309.22. (A) The treasurer of state shall furnish 22,396
annually to the school employees retirement board a sworn 22,397
statement of the amount of the funds in the treasurer's custody 22,399
belonging to the school employees retirement system. 22,400
(B)(1) As used in this division, "personal history record" 22,402
means information maintained by the board on a member, former 22,403
member, contributor, former contributor, retirant, or beneficiary 22,404
that includes the address, telephone number, social security 22,405
number, record of contributions, correspondence with the system, 22,406
and other information the board determines to be confidential. 22,407
(2) The records of the board shall be open to public 22,409
inspection, except for the following, which shall be excluded, 22,410
except with the written authorization of the individual 22,411
concerned: 22,412
513
(a) The individual's statement of previous service and 22,414
other information as provided for in section 3309.28 of the 22,415
Revised Code; 22,416
(b) Any information identifying by name and address the 22,418
amount of a monthly allowance or benefit paid to the individual; 22,419
(c) The individual's personal history record. 22,421
(C) All medical reports and recommendations required by 22,423
the system are privileged except that copies of such medical 22,424
reports or recommendations shall be made available to the 22,425
personal physician, attorney, or authorized agent of the 22,426
individual concerned upon written release received from the 22,427
individual or the individual's agent, or when necessary for the 22,429
proper administration of the fund, to the board assigned 22,430
physician.
(D) Any person who is a contributor of the system shall be 22,432
furnished, on written request, with a statement of the amount to 22,434
the credit of the person's account. The board need not answer 22,435
more than one such request of a person in any one year.
(E) Notwithstanding the exceptions to public inspection in 22,437
division (B)(2) of this section, the board may furnish the 22,438
following information: 22,439
(1) If a member, former member, contributor, former 22,441
contributor, or retirant is subject to an order issued under 22,442
section 2907.15 of the Revised Code or is convicted of or pleads 22,443
guilty to a violation of section 2921.41 of the Revised Code, on 22,444
written request of a prosecutor as defined in section 2935.01 of 22,445
the Revised Code, the board shall furnish to the prosecutor the 22,446
information requested from the individual's personal history 22,447
record. 22,448
(2) Pursuant to a court or administrative order issued 22,450
under section 3111.23 or 3113.21 of the Revised Code, the board 22,451
shall furnish to a court or child support enforcement agency the 22,452
information required under that section. 22,453
(3) At the written request of any person, the board shall 22,455
514
provide to the person a list of the names and addresses of 22,456
members, former members, retirants, contributors, former 22,457
contributors, or beneficiaries. The costs of compiling, copying, 22,458
and mailing the list shall be paid by such person. 22,459
(4) Within fourteen days after receiving from the director 22,461
of human JOB AND FAMILY services a list of the names and social 22,462
security numbers of recipients of public assistance pursuant to 22,463
section 5101.181 of the Revised Code, the board shall inform the 22,464
auditor of state of the name, current or most recent employer 22,465
address, and social security number of each contributor whose 22,466
name and social security number are the same as that of a person 22,467
whose name or social security number was submitted by the 22,468
director. The board and its employees shall, except for purposes 22,469
of furnishing the auditor of state with information required by 22,470
this section, preserve the confidentiality of recipients of 22,471
public assistance in compliance with division (A) of section 22,472
5101.181 of the Revised Code. 22,473
(F) A statement that contains information obtained from 22,475
the system's records that is signed by an officer of the 22,476
retirement system and to which the system's official seal is 22,477
affixed, or copies of the system's records to which the signature 22,478
and seal are attached, shall be received as true copies of the 22,479
system's records in any court or before any officer of this 22,480
state. 22,481
Sec. 3313.714. (A) As used in this section: 22,491
(1) "Board of education" means the board of education of a 22,493
city, local, exempted village, or joint vocational school 22,494
district. 22,495
(2) "Healthcheck" means the early and periodic screening, 22,497
diagnosis, and treatment program, a component of the medical 22,498
assistance program established under Title XIX of the "Social 22,499
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 302, as amended, 22,500
and Chapter 5111. of the Revised Code. 22,501
(3) "Pupil" means a person under age twenty-two enrolled 22,503
515
in the schools of a city, local, exempted village, or joint 22,504
vocational school district. 22,505
(4) "Parent" means either parent with the following 22,507
exceptions: 22,508
(a) If one parent has custody by court order, "parent" 22,510
means the parent with custody. 22,511
(b) If neither parent has legal custody, "parent" means 22,513
the person or government entity with legal custody. 22,514
(c) The child's legal guardian or a person who has 22,516
accepted responsibility for the health, safety, and welfare of 22,517
the child. 22,518
(B) At the request of the state department of human JOB 22,520
AND FAMILY services, a board of education shall establish and 22,521
conduct a healthcheck program for pupils enrolled in the schools 22,522
of the district who are recipients of medical assistance under 22,523
Chapter 5111. of the Revised Code. At the request of a board of 22,524
education, the state department may authorize the board to 22,525
establish a healthcheck program. A board that establishes a 22,526
healthcheck program shall enter into a medical assistance 22,527
provider agreement with the state department. 22,528
A healthcheck program established by a board of education 22,530
shall be conducted in accordance with rules adopted by the 22,531
director of human JOB AND FAMILY services under division (F) of 22,532
this section. The healthcheck program shall include all of the 22,534
following components: 22,535
(1) A comprehensive health and development history; 22,537
(2) A comprehensive physical examination; 22,539
(3) A developmental assessment; 22,541
(4) A nutritional assessment; 22,543
(5) A vision assessment; 22,545
(6) A hearing assessment; 22,547
(7) An immunization assessment; 22,549
(8) Lead screening and laboratory tests ordered by a 22,551
doctor of medicine or osteopathic medicine as part of one of the 22,552
516
other components; 22,553
(9) Such other assessment as may be required by the state 22,555
department of human JOB AND FAMILY services in accordance with 22,556
the requirements of the healthcheck program. 22,558
All services included in a board of education's healthcheck 22,560
program that the board provided under sections 3313.67, 3313.673, 22,561
3313.68, 3313.69, and 3313.71 of the Revised Code during the 22,562
1990-1991 school year shall continue to be provided to medical 22,563
assistance recipients by the board pursuant to those sections. 22,564
The services shall be considered part of the healthcheck program 22,565
for recipients of medical assistance, and the board shall be 22,566
eligible for reimbursement from the state department in 22,567
accordance with this division for providing the services. 22,568
The state department shall reimburse boards of education 22,570
for healthcheck program services provided under this division at 22,571
the rates paid under the medical assistance program to 22,572
physicians, dentists, nurses, and other providers of healthcheck 22,573
services. 22,574
(C) Each board of education that conducts a healthcheck 22,576
program shall determine for each pupil enrolled in the schools of 22,577
the district whether the pupil is a medical assistance recipient. 22,578
The state department of human JOB AND FAMILY services and county 22,580
departments of human services shall assist the board in making 22,581
these determinations. Except as necessary to carry out the 22,582
purposes of this section, all information received by a board 22,583
under this division shall be confidential. 22,584
Before the first day of October of each year, each board 22,586
that conducts a healthcheck program shall send the parent of each 22,587
pupil who is under age eighteen and a recipient of medical 22,588
assistance notice that the pupil will be examined under the 22,589
district's healthcheck program unless the parent notifies the 22,590
board that he THE PARENT denies consent for the examination. The 22,592
notice shall include a form to be used by the parent to indicate 22,594
that he THE PARENT denies consent. The denial shall be effective 22,595
517
only if the form is signed by the parent and returned to the 22,597
board or the school in which the pupil is enrolled. If the 22,598
parent does not return a signed form indicating denial of consent 22,599
within two weeks after the date the notice is sent, the school 22,600
district and the department of human JOB AND FAMILY services 22,601
shall deem the parent to have consented to examination of his THE 22,602
PARENT'S child under the healthcheck program. In the case of a 22,603
pupil age eighteen or older, the notice shall be given to the 22,604
pupil, and the school district and the department of human JOB 22,605
AND FAMILY services shall deem the pupil to have consented to 22,606
examination unless he THE PUPIL returns the signed form 22,607
indicating his THE PUPIL'S denial of consent.
(D)(1) As used in this division: 22,609
(a) "Nonfederal share" means the portion of expenditures 22,611
for services that is required under the medical assistance 22,612
program to be paid for with state or local government funds. 22,613
(b) "Federal financial participation" means the portion of 22,615
expenditures for services that is reimbursed under the medical 22,616
assistance program with federal funds. 22,617
(2) At the request of a board of education, the state 22,619
department may enter into an agreement with board under which the 22,620
board provides medical services to a recipient of medical 22,621
assistance that are reimbursable under the medical assistance 22,622
program but not under the healthcheck program. The agreement may 22,623
be for a term specified in the agreement and renewable by mutual 22,624
consent of the board and the department, or may continue in force 22,625
as long as agreeable to the board and the department. 22,626
The board shall use state or local funds of the district to 22,628
pay the nonfederal share of expenditures for services provided 22,629
under this division. Prior to entering into or renewing an 22,630
agreement and at any other time requested by the state department 22,631
while the agreement is in force, the board shall certify to the 22,632
state department in accordance with the rules adopted under 22,633
division (F) of this section that it will have sufficient state 22,634
518
or local funds to pay the nonfederal share of expenditures under 22,635
this division. If the board fails to make the certification, the 22,636
state department shall not enter into or renew the agreement. If 22,637
an agreement has been entered into, it shall be void unless the 22,638
board makes the certification not later than fifteen days after 22,639
receiving notice from the state department that the certification 22,640
is due. The board shall report to the state department, in 22,641
accordance with the rules, the amount of state or local funds it 22,642
spends to provide services under this division. 22,643
The state department shall reimburse the board the federal 22,645
financial participation allowed for the board's expenditures for 22,646
services under this division. The total of the nonfederal share 22,647
spent by the board and the federal financial participation 22,648
reimbursed by the state department for a service rendered under 22,649
this division shall be an amount agreed to by the board and the 22,650
state department, but shall not exceed the maximum reimbursable 22,651
for that service under rules adopted by the department DIRECTOR 22,652
OF JOB AND FAMILY SERVICES under Chapter 5111. of the Revised 22,654
Code. The rules adopted under division (F) of this section shall 22,655
include procedures under which the department will recover from a 22,656
board overpayments and subsequent federal audit disallowances of 22,657
federal financial participation reimbursed by the department. 22,658
(E) A board of education shall provide services under 22,660
division (D) of this section and under its healthcheck program as 22,661
provided in division (E)(1), (2), or (3) of this section: 22,662
(1) By having the services performed by physicians, 22,664
dentists, AND nurses, employed by the board; 22,665
(2) By contracting with physicians, dentists, nurses, and 22,667
other providers of services who have medical assistance provider 22,668
agreements with the state department of human JOB AND FAMILY 22,670
services; 22,671
(3) By having some of the services performed by persons 22,673
described in division (E)(1) of this section and others performed 22,674
by persons described in division (E)(2) of this section. 22,675
519
(F) The director of human JOB AND FAMILY services shall 22,677
adopt rules in accordance with Chapter 119. of the Revised Code 22,679
governing healthcheck programs conducted under this section and 22,680
services provided under division (D) of this section. 22,681
Sec. 3313.715. The board of education of a school district 22,690
may request from the director of mental retardation and 22,691
developmental disabilities the appropriate identification numbers 22,692
for all students residing in the district who are medical 22,693
assistance recipients under Chapter 5111. of the Revised Code. 22,694
The director shall furnish such numbers upon receipt of lists of 22,695
student names furnished by the district board, in such form as 22,696
the director may require. 22,697
The director of human JOB AND FAMILY services shall provide 22,699
the director of mental retardation and developmental disabilities 22,700
with the data necessary for compliance with this section. 22,701
Section 3319.321 of the Revised Code does not apply to the 22,703
release of student names or other data to the director of mental 22,704
retardation and developmental disabilities for the purposes of 22,705
this section. Chapter 1347. of the Revised Code does not apply 22,706
to information required to be kept by a school board or the 22,707
department DEPARTMENTS of human JOB AND FAMILY services or mental 22,709
retardation and developmental disabilities to the extent 22,710
necessary to comply with this section and section 3313.714 of the 22,711
Revised Code. However, any such information or data shall be 22,712
used only for the specific legal purposes of such boards and 22,713
departments and shall not be released to any unauthorized person. 22,714
Sec. 3314.08. (A) As used in this section: 22,723
(1) "Base formula amount" means the amount specified as 22,726
such in a community school's financial plan for a school year 22,727
pursuant to division (A)(15) of section 3314.03 of the Revised 22,728
Code.
(2) "Cost-of-doing-business factor" has the same meaning 22,730
as in section 3317.02 of the Revised Code. 22,731
(3) "IEP" means an individualized education program as 22,734
520
defined in section 3323.01 of the Revised Code. 22,735
(4) "Applicable weight" means: 22,738
(a) For a student receiving special education and related 22,740
services pursuant to an IEP for a handicap described in division 22,741
(A) of section 3317.013 of the Revised Code, the multiple 22,743
specified in that division;
(b) For a student receiving special education and related 22,745
services pursuant to an IEP for a handicap described in division 22,746
(B) of section 3317.013 or division (F)(3) of section 3317.02 of 22,748
the Revised Code, the multiple specified in division (B) of 22,749
section 3317.013 of the Revised Code. 22,750
(5) "Total special education weight" means the sum of the 22,752
following: 22,753
(a) The number of students reported under division 22,755
(B)(2)(c) of this section who are entitled to attend school in 22,757
the district, are enrolled in grades one through twelve in a 22,758
community school, and are receiving from their community school 22,759
special education and related services pursuant to an IEP for a 22,760
handicap described in division (A) of section 3317.013 of the 22,761
Revised Code, multiplied by the multiple specified in division 22,762
(A) of section 3317.013 of the Revised Code; 22,763
(b) One-half the number of students reported under 22,765
division (B)(2)(c) of this section who are entitled to attend 22,768
school in the district, are enrolled in kindergarten in a
community school, and are receiving from their community school 22,770
special education and related services pursuant to an IEP for a 22,771
handicap described in division (A) of section 3317.013 of the 22,772
Revised Code, multiplied by the multiple specified in division 22,774
(A) of section 3317.013 of the Revised Code; 22,775
(c) The number of students reported under division 22,777
(B)(2)(c) of this section who are entitled to attend school in 22,779
the district, are enrolled in grades one through twelve in a 22,780
community school, and are receiving from their community school 22,781
special education and related services pursuant to an IEP for a 22,782
521
handicap described in division (B) of section 3317.013 or 22,783
division (F)(3) of section 3317.02 of the Revised Code, 22,784
multiplied by the multiple specified in division (B) of section 22,786
3317.013 of the Revised Code; 22,787
(d) One-half the number of students reported under 22,789
division (B)(2)(c) of this section who are entitled to attend 22,792
school in the district, are enrolled in kindergarten in a
community school, and are receiving from their community school 22,794
special education and related services pursuant to an IEP for a 22,795
handicap described in division (B) of section 3317.013 or 22,796
division (F)(3) of section 3317.02 of the Revised Code, 22,798
multiplied by the multiple specified in division (B) of section 22,800
3317.013 of the Revised Code. 22,801
(6) "Entitled to attend school" means entitled to attend 22,803
school in a district under section 3313.64 or 3313.65 of the 22,804
Revised Code. 22,805
(7) "DPIA reduction factor" means the percentage figure, 22,808
if any, for reducing the per pupil amount of disadvantaged pupil 22,809
impact aid a community school is entitled to receive pursuant to 22,810
divisions (D)(4) and (5) of this section in any year, as 22,813
specified in the school's financial plan for the year pursuant to 22,814
division (A)(15) of section 3314.03 of the Revised Code. 22,815
(8) "All-day kindergarten" has the same meaning as in 22,817
section 3317.029 of the Revised Code. 22,818
(B) The state board of education shall adopt rules 22,820
requiring both of the following: 22,821
(1) The board of education of each city, exempted village, 22,823
and local school district to annually report the number of 22,824
students entitled to attend school in the district who are 22,825
enrolled in grades one through twelve in a community school 22,828
established under this chapter, the number of students entitled 22,829
to attend school in the district who are enrolled in kindergarten 22,830
in a community school, the number of those kindergartners who are 22,832
enrolled in all-day kindergarten in their community school, and 22,834
522
for each child, the community school in which the child is 22,836
enrolled.
(2) The governing authority of each community school 22,838
established under this chapter to annually report all of the 22,839
following: 22,840
(a) The number of students enrolled in grades one through 22,843
twelve and the number of students enrolled in kindergarten in the 22,845
school who are not receiving special education and related 22,847
services pursuant to an IEP;
(b) The number of enrolled students in grades one through 22,849
twelve and the number of enrolled students in kindergarten, who 22,852
are receiving special education and related services pursuant to 22,854
an IEP;
(c) The number of students reported under division 22,856
(B)(2)(b) of this section receiving special education and related 22,858
services pursuant to an IEP for a handicap described in each of 22,859
divisions (A) and (B) of section 3317.013 and division (F)(3) of 22,861
section 3317.02 of the Revised Code; 22,863
(d) The number of enrolled preschool handicapped students 22,866
receiving special education services in a state-funded unit; 22,867
(e) The community school's base formula amount; 22,870
(f) For each student, the city, exempted village, or local 22,873
school district in which the student is entitled to attend 22,875
school;
(g) Any DPIA reduction factor that applies to a school 22,878
year.
(C) From the payments made to a city, exempted village, or 22,880
local school district under Chapter 3317. of the Revised Code 22,881
and, if necessary, sections 321.14 and 323.156 of the Revised 22,882
Code, the department of education shall annually subtract all of 22,883
the following:
(1) An amount equal to the sum of the amounts obtained 22,885
when, for each community school where the district's students are 22,886
enrolled, the number of the district's students reported under 22,887
523
divisions (B)(2)(a) and (b) of this section who are enrolled in 22,889
grades one through twelve, and one-half the number of students 22,890
reported under those divisions who are enrolled in kindergarten, 22,891
in that community school is multiplied by the base formula amount 22,893
of that community school as adjusted by the school district's 22,894
cost-of-doing-business factor.
(2) The product of the number of district students 22,898
reported under division (B)(2)(c) of this section as enrolled in 22,900
grades one through twelve, and one-half of the number of district 22,901
students reported under that division as enrolled in 22,902
kindergarten, who are receiving special education and related 22,903
services pursuant to an IEP in their respective community schools 22,904
for a handicap described in division (A) or (B) of section 22,906
3317.013 or division (F)(3) of section 3317.02 of the Revised 22,908
Code, multiplied by the total special education weight; 22,910
(3) An amount equal to the sum of the amounts obtained 22,912
when, for each community school where the district's students are 22,913
enrolled, the number of the district's students enrolled in that 22,914
community school and residing in the district in a family 22,915
participating in Ohio works first under Chapter 5107. of the 22,916
Revised Code is multiplied by the per pupil amount of
disadvantaged pupil impact aid the school district receives that 22,917
year pursuant to division (B) or (C) of section 3317.029 of the 22,919
Revised Code, as adjusted by any DPIA reduction factor of that 22,920
community school. If the district receives disadvantaged pupil 22,922
impact aid under division (B) of that section, the per pupil 22,923
amount of that aid is the quotient of the amount the district
received under that division divided by the number of children 22,925
ages five through seventeen residing in the district and living
in a family participating in Ohio works first, as most recently 22,927
reported under section 3317.10 of the Revised Code. If the 22,929
district receives disadvantaged pupil impact aid under division
(C) of section 3317.029 of the Revised Code, the per pupil amount 22,932
of that aid is the per pupil dollar amount prescribed for the
524
district in division (C)(1) or (2) of that section. 22,933
(4) An amount equal to the sum of the amounts obtained 22,935
when, for each community school where the district's students are 22,936
enrolled, the district's per pupil amount of aid received under 22,937
division (E) of section 3317.029 of the Revised Code, as adjusted 22,938
by any DPIA reduction factor of the community school, is 22,940
multiplied by the sum of the following: 22,941
(a) The number of the district's students reported under 22,943
division (B)(2)(a) of this section who are enrolled in grades one 22,945
to three in that community school and who are not receiving 22,948
special education and related services pursuant to an IEP; 22,950
(b) One-half of the district's students who are enrolled 22,952
in all-day or any other kindergarten class in that community 22,953
school and who are not receiving special education and related 22,954
services pursuant to an IEP; 22,955
(c) One-half of the district's students who are enrolled 22,957
in all-day kindergarten in that community school and who are not 22,958
receiving special education and related services pursuant to an 22,959
IEP.
The district's per pupil amount of aid under division (E) 22,961
of section 3317.029 of the Revised Code is the quotient of the 22,962
amount the district received under that division divided by the 22,964
district's kindergarten through third grade ADM, as defined in 22,965
that section. 22,966
(D) The department shall annually pay to a community 22,968
school established under this chapter all of the following: 22,969
(1) An amount equal to the sum of the amounts obtained 22,971
when the number of students enrolled in grades one through 22,972
twelve, plus one-half of the kindergarten students in the school, 22,973
reported under divisions (B)(2)(a) and (b) of this section who 22,977
are not receiving special education and related services pursuant
to an IEP for a handicap described in division (A) or (B) of 22,979
section 3317.013 or division (F)(3) of section 3317.02 of the 22,980
Revised Code is multiplied by the community school's base formula 22,981
525
amount, as adjusted by the cost-of-doing-business factor of the 22,982
school district in which the student is entitled to attend 22,984
school;
(2) The greater of the following: 22,986
(a) The aggregate amount that the department paid to the 22,988
community school in fiscal year 1999 for students receiving 22,989
special education and related services pursuant to IEPs, 22,991
excluding federal funds and state disadvantaged pupil impact aid 22,993
funds;
(b) The sum of the amounts calculated under divisions 22,995
(D)(2)(b)(i) and (ii) of this section: 22,997
(i) For each student reported under division (B)(2)(c) of 23,001
this section as enrolled in the school in grades one through 23,002
twelve and receiving special education and related services 23,003
pursuant to an IEP for a handicap described in division (A) or 23,004
(B) of section 3317.013 or division (F)(3) of section 3317.02 of 23,006
the Revised Code, the following amount: 23,008
(the community school's base formula amount X the 23,010
cost-of-doing-business factor of the district where the student 23,011
is entitled to attend school) + (the applicable weight 23,012
X the community school's base formula amount); 23,013
(ii) For each student reported under division (B)(2)(c) of 23,017
this section as enrolled in kindergarten and receiving special
education and related services pursuant to an IEP for a handicap 23,019
described in division (A) or (B) of section 3317.013 or division 23,021
(F)(3) of section 3317.02 of the Revised Code, one-half of the 23,023
amount calculated under the formula prescribed in division
(D)(2)(b)(i) of this section. 23,024
(3) An amount received from federal funds to provide 23,027
special education and related services to students in the
community school, as determined by the superintendent of public 23,030
instruction.
(4) An amount equal to the sum of the amounts obtained 23,032
when, for each school district where the community school's 23,034
526
students are entitled to attend school, the number of that 23,036
district's students enrolled in the community school and 23,037
participating in Ohio works first is multiplied by the per pupil 23,039
amount of disadvantaged pupil impact aid that school district 23,041
receives that year pursuant to division (B) or (C) of section 23,043
3317.029 of the Revised Code, as adjusted by any DPIA reduction 23,044
factor of the community school. The per pupil amount of aid 23,046
shall be determined as described in division (C)(3) of this
section. 23,047
(5) An amount equal to the sum of the amounts obtained 23,049
when, for each school district where the community school's 23,050
students are entitled to attend school, the district's per pupil 23,051
amount of aid received under division (E) of section 3317.029 of 23,052
the Revised Code, as adjusted by any DPIA reduction factor of the 23,055
community school, is multiplied by the sum of the following: 23,056
(a) The number of the district's students reported under 23,058
division (B)(2)(a) of this section who are enrolled in grades one 23,060
to three in that community school and who are not receiving 23,063
special education and related services pursuant to an IEP; 23,065
(b) One-half of the district's students who are enrolled 23,067
in all-day or any other kindergarten class in that community 23,068
school and who are not receiving special education and related 23,069
services pursuant to an IEP; 23,070
(c) One-half of the district's students who are enrolled 23,072
in all-day kindergarten in that community school and who are not 23,073
receiving special education and related services pursuant to an 23,074
IEP.
The district's per pupil amount of aid under division (E) 23,076
of section 3317.029 of the Revised Code shall be determined as 23,077
described in division (C)(4) of this section. 23,078
(E) If a community school's costs for a fiscal year for a 23,080
student receiving special education and related services pursuant 23,081
to an IEP for a handicap described in division (F)(3) of section 23,083
3317.02 of the Revised Code are twenty-five thousand dollars or 23,085
527
more, the school may submit to the superintendent of public 23,086
instruction documentation, as prescribed by the superintendent, 23,087
of all its costs for that student. Upon submission of 23,088
documentation for a student of the type and in the manner 23,089
prescribed, the department shall pay to the district an amount 23,090
equal to the school's costs for the student in excess of 23,091
twenty-five thousand dollars.
The community school shall only report, and the department 23,093
shall only pay for, the costs of educational expenses and the 23,094
related services provided to the student in accordance with the 23,095
student's individualized education program. Any legal fees, 23,096
court costs, or other costs associated with any cause of action 23,097
relating to the student may not be included in the amount. 23,098
(F) A community school may apply to the department of 23,100
education for preschool handicapped or gifted unit funding the 23,101
school would receive if it were a school district. Upon request 23,102
of its governing authority, a community school that received unit 23,104
funding as a school district-operated school before it became a
community school shall retain any units awarded to it as a school 23,105
district-operated school provided the school continues to meet 23,106
eligibility standards for the unit. 23,107
A community school shall be considered a school district 23,109
and its governing authority shall be considered a board of 23,110
education for the purpose of applying to any state or federal 23,111
agency for grants that a school district may receive under 23,112
federal or state law or any appropriations act of the general 23,113
assembly. The governing authority of a community school may 23,114
apply to any private entity for additional funds. 23,115
(G) A board of education sponsoring a community school may 23,117
utilize local funds to make enhancement grants to the school or 23,118
may agree, either as part of the contract or separately, to 23,119
provide any specific services to the community school at no cost 23,120
to the school.
(H) A community school may not levy taxes or issue bonds 23,122
528
secured by tax revenues. 23,123
(I) No community school shall charge tuition for the 23,125
enrollment of any student. 23,126
(J) A community school may borrow money to pay any 23,128
necessary and actual expenses of the school in anticipation of 23,130
the receipt of any portion of the payments to be received by the 23,131
school pursuant to division (D) of this section. The school may 23,132
issue notes to evidence such borrowing to mature no later than 23,133
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 23,134
which the anticipated receipts may be lawfully expended by the 23,135
school.
(K) For purposes of determining the number of students for 23,138
which divisions (D)(4) and (5) of this section applies in any 23,140
school year, a community school may submit to the state 23,141
department of human JOB AND FAMILY services, no later than the 23,142
first day of March, a list of the students enrolled in the 23,143
school. For each student on the list, the community school shall 23,144
indicate the student's name, address, and date of birth and the 23,145
school district where the student is entitled to attend school. 23,146
Upon receipt of a list under this division, the department of 23,148
human JOB AND FAMILY services shall determine, for each school 23,150
district where one or more students on the list is entitled to 23,151
attend school, the number of students residing in that school 23,154
district who were included in the department's report under 23,156
section 3317.10 of the Revised Code. The department shall make
this determination on the basis of information readily available 23,157
to it. Upon making this determination and no later than ninety 23,159
days after submission of the list by the community school, the 23,160
department shall report to the state department of education the
number of students on the list who reside in each school district 23,162
who were included in the department's report under section 23,163
3317.10 of the Revised Code. In complying with this division,
the department of human JOB AND FAMILY services shall not report 23,164
529
to the state department of education any personally identifiable 23,166
information on any student.
(L) The department of education shall adjust the amounts 23,168
subtracted and paid under divisions (C) and (D) of this section 23,170
to reflect any enrollment of students in community schools for
less than the equivalent of a full school year. For purposes of 23,171
this section, a student shall be considered enrolled in the 23,172
community school for any portion of the school year the student 23,173
is participating at a college under Chapter 3365. of the Revised 23,174
Code.
(M) The department of education shall reduce the amounts 23,176
paid under division (D) of this section to reflect payments made 23,177
to colleges under division (B) of section 3365.07 of the Revised 23,178
Code.
Sec. 3317.029. (A) As used in this section: 23,187
(1) "DPIA percentage" means the quotient obtained by 23,190
dividing the five-year average number of children ages five to 23,191
seventeen residing in the school district and living in a family 23,192
receiving family assistance, as certified or adjusted under 23,193
section 3317.10 of the Revised Code, by the district's three-year 23,194
average formula ADM.
(2) "Family assistance" means assistance received under 23,196
the Ohio works first program or, for the purpose of determining 23,198
the five-year average number of recipients of family assistance 23,199
in fiscal years 1999 through 2002, assistance received under an 23,200
antecedent program known as TANF or ADC. 23,201
(3) "Statewide DPIA percentage" means the five-year 23,204
average of the total number of children ages five to seventeen 23,205
years residing in the state and receiving family assistance, 23,206
divided by the sum of the three-year average formula ADMs for all 23,208
school districts in the state.
(4) "DPIA index" means the quotient obtained by dividing 23,211
the school district's DPIA percentage by the statewide DPIA 23,213
percentage.
530
(5) "Kindergarten ADM" means the number of students 23,216
reported under section 3317.03 of the Revised Code as enrolled in 23,217
kindergarten. 23,218
(6) "Kindergarten through third grade ADM" means the 23,221
amount calculated as follows:
(a) Multiply the kindergarten ADM by the sum of one plus 23,224
the all-day kindergarten percentage; 23,225
(b) Add the number of students in grades one through 23,227
three;
(c) Subtract from the sum calculated under division 23,229
(A)(6)(b) of this section the number of special education 23,231
students in grades kindergarten through three. 23,232
(7) "Statewide average teacher salary" means forty 23,234
thousand one hundred eighty-seven dollars in fiscal year 2000, 23,236
and forty-one thousand three hundred twelve dollars in fiscal 23,237
year 2001, which includes an amount for the value of fringe 23,238
benefits.
(8) "All-day kindergarten" means a kindergarten class that 23,241
is in session five days per week for not less than the same 23,242
number of clock hours each day as for pupils in grades one 23,243
through six.
(9) "All-day kindergarten percentage" means the percentage 23,245
of a district's actual total number of students enrolled in 23,246
kindergarten who are enrolled in all-day kindergarten. 23,247
(10) "Buildings with the highest concentration of need" 23,249
means the school buildings in a district with percentages of 23,251
students receiving family assistance in grades kindergarten 23,252
through three at least as high as the district-wide percentage of 23,253
students receiving family assistance. If, however, the 23,254
information provided by the department of human JOB AND FAMILY 23,255
services under section 3317.10 of the Revised Code is 23,257
insufficient to determine the family assistance percentage in 23,258
each building, "buildings with the highest concentration of need" 23,259
has the meaning given in rules that the department of education 23,260
531
shall adopt. The rules shall base the definition of "buildings 23,261
with the highest concentration of need" on family income of 23,262
students in grades kindergarten through three in a manner that, 23,263
to the extent possible with available data, approximates the 23,264
intent of this division and division (G) of this section to 23,266
designate buildings where the family assistance percentage in 23,267
those grades equals or exceeds the district-wide family 23,268
assistance percentage.
(B) In addition to the amounts required to be paid to a 23,271
school district under section 3317.022 of the Revised Code, a 23,272
school district shall receive the greater of the amount the 23,273
district received in fiscal year 1998 pursuant to division (B) of 23,274
section 3317.023 of the Revised Code as it existed at that time 23,276
or the sum of the computations made under divisions (C) to (E) of 23,277
this section.
(C) A supplemental payment that may be utilized for 23,279
measures related to safety and security and for remediation or 23,280
similar programs, calculated as follows: 23,281
(1) If the DPIA index of the school district is greater 23,284
than or equal to thirty-five-hundredths, but less than one, an 23,285
amount obtained by multiplying the five-year average number of 23,286
pupils in a district receiving family assistance by two hundred 23,287
thirty dollars; 23,288
(2) If the DPIA index of the school district is greater 23,291
than or equal to one, an amount obtained by multiplying the DPIA 23,293
index by two hundred thirty dollars and multiplying that product 23,294
by the five-year average number of pupils in a district receiving 23,295
family assistance. 23,296
(D) A payment for all-day kindergarten if the DPIA index 23,299
of the school district is greater than or equal to one or if the 23,300
district's three-year average formula ADM exceeded seventeen 23,301
thousand five hundred, calculated by multiplying the all-day 23,302
kindergarten percentage by the kindergarten ADM and multiplying 23,303
that product by the formula amount. 23,304
532
(E) A class-size reduction payment based on calculating 23,307
the number of new teachers necessary to achieve a lower 23,308
student-teacher ratio, as follows: 23,309
(1) Determine or calculate a formula number of teachers 23,311
per one thousand students based on the DPIA index of the school 23,313
district as follows: 23,314
(a) If the DPIA index of the school district is less than 23,317
six-tenths, the formula number of teachers is 43.478, which is 23,318
the number of teachers per one thousand students at a 23,319
student-teacher ratio of twenty-three to one; 23,320
(b) If the DPIA index of the school district is greater 23,323
than or equal to six-tenths, but less than two and one-half, the 23,324
formula number of teachers is calculated as follows: 23,325
43.478 + §[(DPIA index-0.6)/1.97X 1.9< X 23.188} 23,328
Where 43.478 is the number of teachers per one thousand 23,330
students at a student-teacher ratio of twenty-three to one; 1.9 23,331
is the interval from a DPIA index of six-tenths to a DPIA index 23,334
of two and one-half; and 23.188 is the difference in the number 23,335
of teachers per one thousand students at a student-teacher ratio 23,336
of fifteen to one and the number of teachers per one thousand 23,337
students at a student-teacher ratio of twenty-three to one. 23,339
(c) If the DPIA index of the school district is greater 23,342
than or equal to two and one-half, the formula number of teachers 23,343
is 66.667, which is the number of teachers per one thousand 23,344
students at a student-teacher ratio of fifteen to one. 23,345
(2) Multiply the formula number of teachers determined or 23,347
calculated in division (E)(1) of this section by the kindergarten 23,349
through third grade ADM for the district and divide that product 23,350
by one thousand;
(3) Calculate the number of new teachers as follows: 23,352
(a) Multiply the kindergarten through third grade ADM by 23,355
43.478, which is the number of teachers per one thousand students 23,356
at a student-teacher ratio of twenty-three to one, and divide 23,357
that product by one thousand;
533
(b) Subtract the quotient obtained in division (E)(3)(a) 23,360
of this section from the product in division (E)(2) of this 23,361
section.
(4) Multiply the greater of the difference obtained under 23,363
division (E)(3) of this section or zero by the statewide average 23,365
teachers salary.
(F) This division applies only to school districts whose 23,367
DPIA index is one or greater. 23,368
(1) Each school district subject to this division shall 23,370
first utilize funds received under this section so that, when 23,371
combined with other funds of the district, sufficient funds exist 23,372
to provide all-day kindergarten to at least the number of 23,373
children in the district's all-day kindergarten percentage. 23,374
(2) Up to an amount equal to the district's DPIA index 23,376
multiplied by the five-year average number of pupils in a 23,377
district receiving family assistance multiplied by two hundred 23,378
thirty dollars of the money distributed under this section may be 23,380
utilized for one or both of the following: 23,381
(a) Programs designed to ensure that schools are free of 23,384
drugs and violence and have a disciplined environment conducive 23,385
to learning;
(b) Remediation for students who have failed or are in 23,388
danger of failing any of the proficiency tests administered 23,389
pursuant to section 3301.0710 of the Revised Code.
(3) Except as otherwise required by division (G) or 23,391
permitted under division (K) of this section, all other funds 23,393
distributed under this section to districts subject to this 23,394
division shall be utilized for the purpose of the third grade 23,395
guarantee. The third grade guarantee consists of increasing the 23,396
amount of instructional attention received per pupil in 23,397
kindergarten through third grade, either by reducing the ratio of 23,398
students to instructional personnel or by increasing the amount 23,399
of instruction and curriculum-related activities by extending the 23,400
length of the school day or the school year. 23,401
534
School districts may implement a reduction of the ratio of 23,403
students to instructional personnel through any or all of the 23,404
following methods: 23,405
(a) Reducing the number of students in a classroom taught 23,408
by a single teacher;
(b) Employing full-time educational aides or educational 23,411
paraprofessionals issued a permit or license under section 23,412
3319.088 of the Revised Code;
(c) Instituting a team-teaching method that will result in 23,415
a lower student-teacher ratio in a classroom.
Districts may extend the school day either by increasing 23,417
the amount of time allocated for each class, increasing the 23,418
number of classes provided per day, offering optional 23,419
academic-related after-school programs, providing 23,420
curriculum-related extra curricular activities, or establishing 23,421
tutoring or remedial services for students who have demonstrated 23,422
an educational need. In accordance with section 3319.089 of the 23,423
Revised Code, a district extending the school day pursuant to 23,425
this division may utilize a participant of the work experience 23,426
program who has a child enrolled in a public school in that 23,427
district and who is fulfilling the work requirements of that
program by volunteering or working in that public school. If the 23,428
work experience program participant is compensated, the school 23,429
district may use the funds distributed under this section for all 23,430
or part of the compensation.
Districts may extend the school year either through adding 23,432
regular days of instruction to the school calendar or by 23,433
providing summer programs. 23,434
(G) Each district subject to division (F) of this section 23,437
shall not expend any funds received under division (E) of this 23,438
section in any school buildings that are not buildings with the 23,439
highest concentration of need, unless there is a ratio of 23,440
instructional personnel to students of no more than fifteen to 23,441
one in each kindergarten and first grade class in all buildings 23,442
535
with the highest concentration of need. This division does not 23,443
require that the funds used in buildings with the highest 23,444
concentration of need be spent solely to reduce the ratio of 23,445
instructional personnel to students in kindergarten and first 23,446
grade. A school district may spend the funds in those buildings 23,447
in any manner permitted by division (F)(3) of this section, but 23,448
may not spend the money in other buildings unless the 23,449
fifteen-to-one ratio required by this division is attained. 23,450
(H)(1) By the first day of August of each fiscal year, 23,452
each school district wishing to receive any funds under division 23,453
(D) of this section shall submit to the department of education 23,455
an estimate of its all-day kindergarten percentage. Each 23,457
district shall update its estimate throughout the fiscal year in 23,458
the form and manner required by the department, and the 23,459
department shall adjust payments under this section to reflect 23,460
the updates.
(2) Annually by the end of December, the department of 23,462
education, utilizing data from the information system established 23,464
under section 3301.0714 of the Revised Code and after 23,465
consultation with the legislative office of education oversight, 23,466
shall determine for each school district subject to division (F) 23,467
of this section whether in the preceding fiscal year the 23,468
district's ratio of instructional personnel to students and its 23,469
number of kindergarten students receiving all-day kindergarten 23,470
appear reasonable, given the amounts of money the district 23,471
received for that fiscal year pursuant to divisions (D) and (E) 23,472
of this section. If the department is unable to verify from the 23,473
data available that students are receiving reasonable amounts of 23,474
instructional attention and all-day kindergarten, given the funds 23,475
the district has received under this section and that class-size 23,477
reduction funds are being used in school buildings with the 23,478
highest concentration of need as required by division (G) of this 23,479
section, the department shall conduct a more intensive 23,480
investigation to ensure that funds have been expended as required 23,481
536
by this section. The department shall file an annual report of 23,482
its findings under this division with the chairpersons of the 23,483
committees in each house of the general assembly dealing with 23,484
finance and education.
(I) Any school district with a DPIA index less than one 23,486
and a three-year average formula ADM exceeding seventeen thousand 23,489
five hundred shall first utilize funds received under this 23,490
section so that, when combined with other funds of the district,
sufficient funds exist to provide all-day kindergarten to at 23,491
least the number of children in the district's all-day 23,492
kindergarten percentage. Such a district shall expend at least 23,493
seventy per cent of the remaining funds received under this 23,494
section, and any other district with a DPIA index less than one 23,496
shall expend at least seventy per cent of all funds received 23,497
under this section, for any of the following purposes: 23,498
(1) The purchase of technology for instructional purposes; 23,501
(2) All-day kindergarten; 23,503
(3) Reduction of class sizes; 23,505
(4) Summer school remediation; 23,507
(5) Dropout prevention programs; 23,509
(6) Guaranteeing that all third graders are ready to 23,512
progress to more advanced work;
(7) Summer education and work programs; 23,514
(8) Adolescent pregnancy programs; 23,516
(9) Head start or preschool programs; 23,518
(10) Reading improvement programs described by the 23,521
department of education;
(11) Programs designed to ensure that schools are free of 23,524
drugs and violence and have a disciplined environment conducive 23,525
to learning;
(12) Furnishing, free of charge, materials used in courses 23,528
of instruction, except for the necessary textbooks or electronic 23,529
textbooks required to be furnished without charge pursuant to
section 3329.06 of the Revised Code, to pupils living in families 23,530
537
participating in Ohio works first in accordance with section 23,531
3313.642 of the Revised Code; 23,532
(13) School breakfasts provided pursuant to section 23,534
3313.813 of the Revised Code. 23,535
Each district shall submit to the department, in such 23,537
format and at such time as the department shall specify, a report 23,538
on the programs for which it expended funds under this division. 23,539
(J) If at any time the superintendent of public 23,541
instruction determines that a school district receiving funds 23,542
under division (D) of this section has enrolled less than the 23,543
all-day kindergarten percentage reported for that fiscal year, 23,545
the superintendent shall withhold from the funds otherwise due 23,546
the district under this section a proportional amount as 23,547
determined by the difference in the certified all-day 23,548
kindergarten percentage and the percentage actually enrolled in 23,549
all-day kindergarten. 23,550
The superintendent shall also withhold an appropriate 23,552
amount of funds otherwise due a district for any other misuse of 23,553
funds not in accordance with this section. 23,554
(K)(1) A district may use a portion of the funds 23,556
calculated for it under division (D) of this section to modify or 23,557
purchase classroom space to provide all-day kindergarten, if both 23,558
of the following conditions are met: 23,559
(a) The district certifies to the department, in a manner 23,561
acceptable to the department, that it has a shortage of space for 23,562
providing all-day kindergarten. 23,563
(b) The district provides all-day kindergarten to the 23,565
number of children in the all-day kindergarten percentage it 23,566
certified under this section.
(2) A district may use a portion of the funds described in 23,568
division (F)(3) of this section to modify or purchase classroom 23,569
space to enable it to further reduce class size in grades 23,570
kindergarten through two with a goal of attaining class sizes of 23,571
fifteen students per licensed teacher. To do so, the district 23,572
538
must certify its need for additional space to the department, in 23,573
a manner satisfactory to the department. 23,574
Sec. 3317.06. Moneys paid to school districts under 23,583
division (L) of section 3317.024 of the Revised Code shall be 23,585
used for the following independent and fully severable purposes:
(A) To purchase such secular textbooks or electronic 23,587
textbooks as have been approved by the superintendent of public 23,589
instruction for use in public schools in the state and to loan 23,590
such textbooks or electronic textbooks to pupils attending 23,592
nonpublic schools within the district or to their parents and to 23,593
hire clerical personnel to administer such lending program. Such 23,594
loans shall be based upon individual requests submitted by such 23,595
nonpublic school pupils or parents. Such requests shall be 23,596
submitted to the school district in which the nonpublic school is 23,597
located. Such individual requests for the loan of textbooks or 23,598
electronic textbooks shall, for administrative convenience, be 23,599
submitted by the nonpublic school pupil or the pupil's parent to 23,601
the nonpublic school, which shall prepare and submit collective 23,602
summaries of the individual requests to the school district. As 23,603
used in this section: 23,604
(1) "Textbook" means any book or book substitute that a 23,607
pupil uses as a consumable or nonconsumable text, text 23,608
substitute, or text supplement in a particular class or program 23,610
in the school the pupil regularly attends. 23,611
(2) "Electronic textbook" means computer software, 23,613
interactive videodisc, magnetic media, CD-ROM, computer 23,614
courseware, local and remote computer assisted instruction, 23,615
on-line service, electronic medium, or other means of conveying 23,616
information to the student or otherwise contributing to the 23,617
learning process through electronic means.
(B) To provide speech and hearing diagnostic services to 23,619
pupils attending nonpublic schools within the district. Such 23,620
service shall be provided in the nonpublic school attended by the 23,621
pupil receiving the service. 23,622
539
(C) To provide physician, nursing, dental, and optometric 23,624
services to pupils attending nonpublic schools within the 23,625
district. Such services shall be provided in the school attended 23,626
by the nonpublic school pupil receiving the service. 23,627
(D) To provide diagnostic psychological services to pupils 23,629
attending nonpublic schools within the district. Such services 23,630
shall be provided in the school attended by the pupil receiving 23,631
the service. 23,632
(E) To provide therapeutic psychological and speech and 23,634
hearing services to pupils attending nonpublic schools within the 23,635
district. Such services shall be provided in the public school, 23,636
in nonpublic schools, in public centers, or in mobile units 23,637
located on or off of the nonpublic premises. If such services 23,638
are provided in the public school or in public centers, 23,639
transportation to and from such facilities shall be provided by 23,640
the school district in which the nonpublic school is located. 23,641
(F) To provide guidance and counseling services to pupils 23,643
attending nonpublic schools within the district. Such services 23,644
shall be provided in the public school, in nonpublic schools, in 23,645
public centers, or in mobile units located on or off of the 23,647
nonpublic premises. If such services are provided in the public 23,648
school or in public centers, transportation to and from such 23,649
facilities shall be provided by the school district in which the 23,650
nonpublic school is located.
(G) To provide remedial services to pupils attending 23,652
nonpublic schools within the district. Such services shall be 23,653
provided in the public school, in nonpublic schools, in public 23,654
centers, or in mobile units located on or off of the nonpublic 23,655
premises. If such services are provided in the public school or 23,657
in public centers, transportation to and from such facilities 23,658
shall be provided by the school district in which the nonpublic 23,659
school is located.
(H) To supply for use by pupils attending nonpublic 23,661
schools within the district such standardized tests and scoring 23,662
540
services as are in use in the public schools of the state; 23,663
(I) To provide programs for children who attend nonpublic 23,665
schools within the district and are handicapped children as 23,666
defined in division (A) of section 3323.01 of the Revised Code or 23,667
gifted children. Such programs shall be provided in the public 23,668
school, in nonpublic schools, in public centers, or in mobile 23,669
units located on or off of the nonpublic premises. If such 23,672
programs are provided in the public school or in public centers, 23,673
transportation to and from such facilities shall be provided by 23,674
the school district in which the nonpublic school is located. 23,675
(J) To hire clerical personnel to assist in the 23,677
administration of programs pursuant to divisions (B), (C), (D), 23,678
(E), (F), (G), and (I) of this section and to hire supervisory 23,679
personnel to supervise the providing of services and textbooks 23,680
pursuant to this section. 23,681
(K) To purchase any secular, neutral, and nonideological 23,683
computer software (including site-licensing), prerecorded video 23,685
laserdiscs, digital video on demand (DVD), compact discs, and 23,686
video cassette cartridges, wide area connectivity and related 23,688
technology as it relates to internet access, mathematics or
science equipment and materials, instructional materials, and 23,691
school library materials that are in general use in the public 23,692
schools of the state and loan such items to pupils attending 23,694
nonpublic schools within the district or to their parents, and to 23,695
hire clerical personnel to administer the lending program. Only 23,696
such items that are incapable of diversion to religious use and 23,698
that are susceptible of loan to individual pupils and are 23,699
furnished for the use of individual pupils shall be purchased and 23,700
loaned under this division. As used in this section, 23,701
"instructional materials" means prepared learning materials that 23,702
are secular, neutral, and nonideological in character and are of 23,703
benefit to the instruction of school children, and may include 23,704
educational resources and services developed by the Ohio 23,705
schoolnet commission.
541
(L) To purchase instructional equipment, including 23,707
computer hardware, for use by pupils attending nonpublic schools 23,709
within the district, if such usage only occurs when these pupils 23,711
are being provided the secular remedial, diagnostic, or 23,712
therapeutic services pursuant to division (B), (D), (E), (F), 23,714
(G), or (I) of this section.
(M) To purchase mobile units to be used for the provision 23,717
of services pursuant to divisions (E), (F), (G), and (I) of this 23,720
section and to pay for necessary repairs and operating costs 23,721
associated with these units. 23,722
Clerical and supervisory personnel hired pursuant to 23,724
division (J) of this section shall perform their services in the 23,725
public schools, in nonpublic schools, public centers, or mobile 23,726
units where the services are provided to the nonpublic school 23,728
pupil, except that such personnel may accompany pupils to and 23,729
from the service sites when necessary to ensure the safety of the 23,730
children receiving the services. 23,731
Health services provided pursuant to divisions (B), (C), 23,733
(D), and (E) of this section may be provided under contract with 23,734
the department of health, city or general health districts, or 23,735
private agencies whose personnel are properly licensed by an 23,736
appropriate state board or agency. 23,737
Transportation of pupils provided pursuant to divisions 23,739
(E), (F), (G), and (I) of this section shall be provided by the 23,740
school district from its general funds and not from moneys paid 23,741
to it under division (L) of section 3317.024 of the Revised Code 23,743
unless a special transportation request is submitted by the
parent of the child receiving service pursuant to such divisions. 23,744
If such an application is presented to the school district, it 23,745
may pay for the transportation from moneys paid to it under 23,746
division (L) of section 3317.024 of the Revised Code. 23,747
No school district shall provide health or remedial 23,749
services to nonpublic school pupils as authorized by this section 23,750
unless such services are available to pupils attending the public 23,751
542
schools within the district. 23,752
Materials, equipment, computer software, textbooks, 23,754
electronic textbooks, and health and remedial services provided 23,756
for the benefit of nonpublic school pupils pursuant to this 23,757
section and the admission of pupils to such nonpublic schools 23,758
shall be provided without distinction as to race, creed, color, 23,759
or national origin of such pupils or of their teachers. 23,760
No school district shall provide services for use in 23,762
religious courses, devotional exercises, religious training, or 23,763
any other religious activity. 23,764
As used in this section, "parent" includes a person 23,766
standing in loco parentis to a child. 23,767
Notwithstanding section 3317.01 of the Revised Code, 23,769
payments shall be made under this section to any city, local, or 23,770
exempted village school district within which is located one or 23,771
more nonpublic elementary or high schools. 23,772
The allocation of payments for materials, equipment, 23,774
textbooks, electronic textbooks, health services, and remedial 23,775
services to city, local, and exempted village school districts 23,777
shall be on the basis of the state board of education's estimated 23,778
annual average daily membership in nonpublic elementary and high 23,779
schools located in the district. 23,780
Payments made to city, local, and exempted village school 23,782
districts under this section shall be equal to specific 23,783
appropriations made for the purpose. All interest earned by a 23,784
school district on such payments shall be used by the district 23,785
for the same purposes and in the same manner as the payments may 23,786
be used. 23,787
The department of education shall adopt guidelines and 23,789
procedures under which such programs and services shall be 23,790
provided, under which districts shall be reimbursed for 23,791
administrative costs incurred in providing such programs and 23,792
services, and under which any unexpended balance of the amounts 23,793
appropriated by the general assembly to implement this section 23,794
543
may be transferred to the auxiliary services personnel 23,795
unemployment compensation fund established pursuant to section 23,796
4141.47 of the Revised Code. The department shall also adopt 23,797
guidelines and procedures limiting the purchase and loan of the 23,799
items described in division (K) of this section to items that are 23,801
in general use in the public schools of the state, that are 23,802
incapable of diversion to religious use, and that are susceptible 23,803
to individual use rather than classroom use. Within thirty days 23,804
after the end of each biennium, each board of education shall 23,805
remit to the department all moneys paid to it under division (L) 23,806
of section 3317.024 of the Revised Code and any interest earned 23,807
on those moneys that are not required to pay expenses incurred 23,808
under this section during the biennium for which the money was 23,809
appropriated and during which the interest was earned. If a 23,810
board of education subsequently determines that the remittal of 23,811
moneys leaves the board with insufficient money to pay all valid 23,812
expenses incurred under this section during the biennium for 23,813
which the remitted money was appropriated, the board may apply to 23,814
the department of education for a refund of money, not to exceed 23,815
the amount of the insufficiency. If the department determines 23,816
the expenses were lawfully incurred and would have been lawful 23,817
expenditures of the refunded money, it shall certify its 23,818
determination and the amount of the refund to be made to the 23,819
administrator DIRECTOR of the bureau of employment JOBS AND 23,821
FAMILY services who shall make a refund as provided in section 23,823
4141.47 of the Revised Code.
Sec. 3317.064. (A) There is hereby established in the 23,832
state treasury the auxiliary services mobile unit replacement and 23,833
repair fund. By the thirtieth day of January of each 23,834
odd-numbered year, the administrator DIRECTOR of the bureau of 23,836
employment JOB AND FAMILY services and the superintendent of 23,837
public instruction shall determine the amount of any excess 23,838
moneys in the auxiliary services personnel unemployment 23,839
compensation fund not reasonably necessary for the purposes of 23,840
544
section 4141.47 of the Revised Code, and shall certify such 23,841
amount to the director of budget and management for transfer to 23,842
the auxiliary services mobile unit replacement and repair fund. 23,843
If the administrator DIRECTOR OF JOBS AND FAMILY SERVICES and the 23,844
superintendent disagree on such amount, the director OF BUDGET 23,845
AND MANAGEMENT shall determine the amount to be transferred. 23,847
(B) Moneys in the auxiliary services mobile unit 23,849
replacement and repair fund shall be used for the relocation or 23,850
for the replacement and repair of mobile units used to provide 23,852
the services specified in division (E), (F), (G), or (I) of 23,853
section 3317.06 of the Revised Code and for no other purposes. 23,854
The state board of education shall adopt guidelines and 23,855
procedures for replacement, repair, and relocation of mobile 23,856
units and the procedures under which a school district may apply 23,858
to receive moneys with which to repair or replace or relocate 23,859
such units.
Sec. 3317.10. (A) On or before the first day of March of 23,868
each year, the department of human JOB AND FAMILY services shall 23,870
certify to the state board of education the number of children 23,871
ages five through seventeen residing in each school district and 23,872
living in a family that participated in Ohio works first under 23,873
Chapter 5107. of the Revised Code during the preceding October 23,874
according to the school district of residence for each child. 23,875
Except as provided under division (B) of this section, the number 23,876
of children so certified in any year shall be used by the 23,877
department of education in calculating the distribution of moneys 23,878
for the ensuing fiscal year provided in section 3317.029 of the 23,879
Revised Code.
(B) Upon the transfer of part of the territory of one 23,881
school district to the territory of one or more other school 23,882
districts, the department of education may adjust the number 23,883
certified under division (A) of this section for any district 23,885
gaining or losing territory in such a transfer in order to take
into account the effect of the transfer on the number of children 23,886
545
ages five through seventeen who reside in the district and live 23,887
in a family that participates in Ohio works first. Within sixty 23,888
days of receipt of a request for information from the department 23,890
of education, the department of human JOB AND FAMILY services
shall provide any information the department of education 23,891
determines is necessary to make such adjustments. The department 23,892
of education may use the adjusted number for any district for the 23,893
applicable fiscal year, in lieu of the number certified for the 23,894
district for that fiscal year under division (A) of this section, 23,896
in the calculation of the distribution of moneys provided in
section 3317.029 of the Revised Code. 23,897
Sec. 3319.089. The board of education of any city, local, 23,907
or exempted village school district may adopt a resolution 23,908
approving a contract with a county department of human JOB AND 23,909
FAMILY services under section 5107.541 of the Revised Code to 23,910
provide for a participant of the work experience program who has 23,911
a child enrolled in a public school in that district to fulfill 23,912
the work requirements of the work experience program by 23,913
volunteering or working in that public school in accordance with 23,914
section 5107.541 of the Revised Code. Such recipients are not 23,915
employees of such board of education. 23,916
Before a school district places a participant in a public 23,918
school under this section, the appointing officer or hiring 23,919
officer of the board of education of a school district shall 23,920
request a criminal records check of the participant to be 23,921
conducted in the same manner as required for a person responsible 23,922
for the care, custody, or control of a child in accordance with
section 3319.39 of the Revised Code, The records check shall be 23,923
conducted even though the participant, if subsequently hired, 23,925
would not be considered an employee of the school district for 23,926
purposes of working at the school. A participant shall not be 23,927
placed in a school if the participant previously has been
convicted of or pleaded guilty to any of the offenses listed in 23,928
division (B)(1)(a) or (b) of section 3319.39 of the Revised Code. 23,930
546
Sec. 3321.18. The attendance officer provided for by 23,939
section 3321.14 or 3321.15 of the Revised Code shall institute 23,940
proceedings against any officer, parent, guardian, or other 23,941
person violating laws relating to compulsory education and the 23,942
employment of minors, and otherwise discharge the duties 23,943
described in sections 3321.14 to 3321.22 of the Revised Code, and 23,944
perform such other service as the superintendent of schools or 23,945
board of education of the district by which he THE ATTENDANCE 23,946
OFFICER is employed considers necessary to preserve the morals 23,947
and secure the good conduct of school children, and to enforce 23,948
such laws.
The attendance officer shall be furnished with copies of 23,950
the enumeration in each school district in which he THE 23,951
ATTENDANCE OFFICER serves and of the lists of pupils enrolled in 23,952
the schools and shall report to the superintendent discrepancies 23,953
between these lists and the enumeration. 23,954
The attendance officer and assistants shall cooperate with 23,956
the bureau DIRECTOR of employment services COMMERCE in enforcing 23,958
the laws relating to the employment of minors. The attendance 23,959
officer shall furnish upon request such data as he THE ATTENDANCE 23,960
OFFICER and his THE ATTENDANCE OFFICER'S assistants have 23,961
collected in their reports of children from six to eighteen years 23,963
of age and also concerning employers to the bureau DIRECTOR and 23,964
upon request to the state board of education. The attendance 23,965
officer must keep a record of his THE ATTENDANCE OFFICER'S 23,966
transactions for the inspection and information of the 23,967
superintendent of schools and the board of education; and shall 23,969
make reports to the superintendent of schools as often as 23,970
required by him THE SUPERINTENDENT. The state board of education 23,971
may prescribe forms for the use of attendance officers in the 23,972
performance of their duties. The blank forms and record books or 23,973
indexes shall be furnished to the attendance officers by the 23,974
boards of education by which they are employed.
Sec. 3323.021. As used in this section, "participating 23,983
547
county MR/DD board" means a county board of mental retardation 23,985
and developmental disabilities electing to participate in the 23,986
provision of or contracting for educational services for children 23,987
under division (D) of section 5126.05 of the Revised Code. 23,988
(A) When a school district, educational service center, or 23,991
participating county MR/DD board enters into an agreement or 23,993
contract with another school district, educational service 23,994
center, or participating county MR/DD board to provide 23,995
educational services to a disabled child during a school year, 23,996
both of the following shall apply: 23,997
(1) Beginning with fiscal year 1999, if the provider of 23,999
the services intends to increase the amount it charges for some 24,001
or all of those services during the next school year or if the 24,002
provider intends to cease offering all or part of those services 24,003
during the next school year, the provider shall notify the entity 24,004
for which the services are provided of these intended changes no 24,005
later that the first day of March of the current fiscal year. 24,007
(2) Beginning with fiscal year 1999, if the entity for 24,009
which services are provided intends to cease obtaining those 24,011
services from the provider for the next school year or intends to 24,012
change the type or amount of services it obtains from the 24,013
provider for the next school year, the entity shall notify the 24,014
service provider of these intended changes no later than the 24,015
first day of March of the current fiscal year. 24,017
(B) School districts, educational service centers, 24,020
participating county MR/DD boards, and other applicable 24,022
governmental entities shall collaborate where possible to 24,023
maximize federal sources of revenue, including the community 24,024
alternative funding system of the medical assistance program 24,025
established under Chapter 5111. of the Revised Code, to provide 24,028
additional funds for special education related services for 24,029
disabled children. Annually, each school district shall report 24,030
to the department of education any amounts of money the district 24,031
received through such medical assistance program. 24,032
548
(C) The state board of education, the department of mental 24,035
retardation and developmental disabilities, and the department of 24,036
human JOB AND FAMILY services shall develop working agreements 24,037
for pursuing additional funds for services for disabled children. 24,038
Sec. 3331.04. Whenever an age and schooling certificate is 24,048
applied for by a child over sixteen years of age who is unable to 24,049
pass a test for the completion of the work of the seventh grade 24,050
and who is not so below the normal in mental development that he 24,051
THE CHILD cannot profit from further schooling, an age and 24,052
schooling certificate may be issued by the superintendent of 24,053
schools to such child upon proof acceptable to such 24,054
superintendent of the following facts and upon agreement to the 24,055
respective conditions made in writing by the child and by the 24,056
parents, guardian, or custodian in charge of such child: 24,057
(A) That the child is addicted to no habit which is likely 24,059
to detract from his THE CHILD'S reliability or effectiveness as a 24,061
worker, or proper use of his THE CHILD'S earnings or leisure, or 24,062
the probability of his THE CHILD'S faithfully carrying out the 24,063
conditions to which he THE CHILD agrees as specified in division 24,064
(B) of this section, and in addition any one of the following
groups of facts: 24,065
(1) That the child has been a resident of the school 24,067
district for the last two years, has diligently attended upon 24,068
instruction at school for the last two years, and is able to 24,069
read, write, and perform the fundamental operations of 24,070
arithmetic. These abilities shall be judged by the 24,071
superintendent. 24,072
(2) That the child having been a resident of the school 24,074
district less than two years, diligently attended upon 24,075
instruction in school in the district in which the child was a 24,076
resident next preceding his THE CHILD'S residence in the present 24,077
district for the last school year preceding his THE CHILD'S 24,078
removal to the present district, and has diligently attended upon 24,079
instruction in the schools of the present district for the period 24,081
549
that he THE CHILD has been a resident thereof; 24,082
(3) That the child has removed to the present school 24,084
district since the beginning of the last annual school session, 24,085
and that instruction adapted to his THE CHILD'S needs is not 24,086
provided in the regular day schools in the district; 24,088
(4) That the child is not sufficiently familiar with the 24,090
English language to be properly instructed in the full-time day 24,091
schools of the district; 24,092
(5) That conditions are such that the child must provide 24,094
for his THE CHILD'S own support or that the child is needed for 24,095
the support or care of parents or for the support or care of 24,096
brothers or sisters for whom the parents are unable to provide 24,097
and that the child is desirous of working for the support or care 24,098
of himself SELF or of such parents or siblings and that such 24,099
child cannot render such needed support or care by a reasonable 24,100
effort outside of school hours; but no age and schooling 24,101
certificate shall be granted to a child of this group upon proof 24,102
of such facts without written consent given to the superintendent 24,103
by the juvenile judge and by the department of human JOB AND 24,104
FAMILY services.
(B)(1) In case the certificate is granted under division 24,106
(A)(1), (2), (3), or (5) of this section, that until reaching the 24,107
age of eighteen years the child will diligently attend in 24,108
addition to part-time classes, such evening classes as will add 24,109
to his THE CHILD'S education for literacy, citizenship, or 24,110
vocational preparation which may be made available to him THE 24,112
CHILD in the school district and which he THE CHILD may be 24,113
directed to attend by the superintendent, or in case no such 24,115
classes are available, that he THE CHILD will pursue such reading 24,116
and study and report monthly thereon as may be directed by the 24,117
superintendent;
(2) In case the certificate is granted under division 24,119
(A)(4) of this section, that until the age of eighteen years the 24,120
child will attend in addition to part-time classes, such evening 24,121
550
classes as will assist him THE CHILD to learn the English 24,122
language or advance in Americanization which may be made 24,124
available to him THE CHILD in the school district and which he 24,125
THE CHILD may be directed to attend by the superintendent. 24,126
Sec. 3335.24. The board of trustees of the Ohio state 24,135
university and the department of human JOB AND FAMILY services 24,136
may enter into a co-operative agreement for the construction, 24,137
operation, and maintenance of a ceramic experimental unit upon
property belonging to the state at Roseville. The terms of any 24,138
co-operative agreement entered into by the parties under this 24,139
section shall be binding upon them until modified by their mutual 24,140
consent.
Sec. 3354.21. The multipurpose center established under 24,149
section 3354.20 of the Revised Code may provide and may enter 24,150
into an agreement with a public or private nonprofit agency or 24,151
person to provide displaced homemakers with services. These 24,152
services may include, but not be limited to, the following: 24,153
(A) Job counseling, specifically designed for a person 24,155
reentering the job market after a number of years as a homemaker, 24,156
and utilizing peer counseling; 24,157
(B) Job training developed cooperatively with the Ohio 24,159
state employment service DIRECTOR OF JOB AND FAMILY SERVICES, 24,160
local government agencies, and private employers, for available 24,162
employment in the public and private sectors. The job training 24,163
program shall provide a stipend for trainees. As opportunities 24,164
for the employment of such skills in the community are identified 24,165
or developed, the center's program shall include training for: 24,166
(1) Employment counselors in social service agencies; 24,168
(2) Home health technicians with skills in nutrition, 24,170
basic health care, and nursing for the disabled and elderly; 24,171
(3) Health care counselors, for employment in hospital 24,173
outpatient and community clinics, especially in the counseling of 24,174
middle-aged patients. 24,175
(C) Assistance in finding employment. In its job-finding 24,177
551
program, the staff shall work with the Ohio bureau DIRECTOR of 24,178
employment JOB AND FAMILY services, and any other appropriate 24,179
public or private agency in the area where the center is located. 24,181
(D) Health service programs, including a clinic based on 24,183
principles of preventive health care and consumer health 24,184
education. The clinic shall provide basic physical and 24,185
gynecological examinations, information and referral to 24,186
physicians and clinics, discussion and activity groups on common 24,187
health problems of older persons, and alcohol and drug addiction 24,188
programs. 24,189
(E) Money management courses; 24,191
(F) Information concerning government assistance programs; 24,193
(G) Educational programs, including courses offering 24,195
credit through community colleges or leading to a high school 24,196
equivalency diploma; 24,197
(H) Counseling for the purpose of lessening or resolving 24,199
emotional problems, temporary stress, or impaired social 24,200
functioning. 24,201
Sec. 3501.01. As used in the sections of the Revised Code 24,210
relating to elections and political communications: 24,211
(A) "General election" means the election held on the 24,213
first Tuesday after the first Monday in each November. 24,214
(B) "Regular municipal election" means the election held 24,216
on the first Tuesday after the first Monday in November in each 24,217
odd-numbered year. 24,218
(C) "Regular state election" means the election held on 24,220
the first Tuesday after the first Monday in November in each 24,221
even-numbered year. 24,222
(D) "Special election" means any election other than those 24,224
elections defined in other divisions of this section. A special 24,225
election may be held only on the first Tuesday after the first 24,226
Monday in February, May, August, or November, or on the day 24,227
authorized by a particular municipal or county charter for the 24,228
holding of a primary election, except that in any year in which a 24,229
552
presidential primary election is held, no special election shall 24,230
be held in February or May, except as authorized by a municipal 24,231
or county charter, but may be held on the first Tuesday after the 24,233
first Monday in March. 24,234
(E)(1) "Primary" or "primary election" means an election 24,236
held for the purpose of nominating persons as candidates of 24,237
political parties for election to offices, and for the purpose of 24,238
electing persons as members of the controlling committees of 24,239
political parties and as delegates and alternates to the 24,240
conventions of political parties. Primary elections shall be 24,241
held on the first Tuesday after the first Monday in May of each 24,242
year except in years in which a presidential primary election is 24,243
held. 24,244
(2) "Presidential primary election" means a primary 24,246
election as defined by division (E)(1) of this section at which 24,248
an election is held for the purpose of choosing delegates and 24,249
alternates to the national conventions of the major political 24,250
parties pursuant to section 3513.12 of the Revised Code. Unless 24,251
otherwise specified, presidential primary elections are included 24,252
in references to primary elections. In years in which a 24,253
presidential primary election is held, all primary elections 24,254
shall be held on the first Tuesday after the first Monday in 24,255
March except as otherwise authorized by a municipal or county 24,257
charter.
(F) "Political party" means any group of voters meeting 24,259
the requirements set forth in section 3517.01 of the Revised Code 24,260
for the formation and existence of a political party. 24,261
(1) "Major political party" means any political party 24,263
organized under the laws of this state whose candidate for 24,264
governor or nominees for presidential electors received no less 24,265
than twenty per cent of the total vote cast for such office at 24,266
the most recent regular state election. 24,267
(2) "Intermediate political party" means any political 24,269
party organized under the laws of this state whose candidate for 24,270
553
governor or nominees for presidential electors received less than 24,271
twenty per cent but not less than ten per cent of the total vote 24,272
cast for such office at the most recent regular state election. 24,275
(3) "Minor political party" means any political party 24,277
organized under the laws of this state whose candidate for 24,278
governor or nominees for presidential electors received less than 24,279
ten per cent but not less than five per cent of the total vote 24,280
cast for such office at the most recent regular state election or 24,283
which has filed with the secretary of state, subsequent to any
election in which it received less than five per cent of such 24,284
vote, a petition signed by qualified electors equal in number to 24,285
at least one per cent of the total vote cast for such office in 24,286
the last preceding regular state election, except that a newly 24,287
formed political party shall be known as a minor political party 24,288
until the time of the first election for governor or president 24,289
which occurs not less than twelve months subsequent to the 24,290
formation of such party, after which election the status of such 24,291
party shall be determined by the vote for the office of governor 24,292
or president. 24,293
(G) "Dominant party in a precinct" or "dominant political 24,295
party in a precinct" means that political party whose candidate 24,296
for election to the office of governor at the most recent regular 24,299
state election at which a governor was elected received more 24,300
votes than any other person received for election to that office 24,302
in such precinct at such election.
(H) "Candidate" means any qualified person certified in 24,304
accordance with the provisions of the Revised Code for placement 24,305
on the official ballot of a primary, general, or special election 24,306
to be held in this state, or any qualified person who claims to 24,307
be a write-in candidate, or who knowingly assents to being 24,309
represented as a write-in candidate by another at either a 24,310
primary, general, or special election to be held in this state. 24,311
(I) "Independent candidate" means any candidate who claims 24,313
not to be affiliated with a political party, and whose name has 24,315
554
been certified on the office-type ballot at a general or special 24,316
election through the filing of a statement of candidacy and 24,317
nominating petition, as prescribed in section 3513.257 of the 24,318
Revised Code.
(J) "Nonpartisan candidate" means any candidate whose name 24,320
is required, pursuant to section 3505.04 of the Revised Code, to 24,321
be listed on the nonpartisan ballot, including all candidates for 24,322
judicial office, for member of any board of education, for 24,323
municipal or township offices in which primary elections are not 24,324
held for nominating candidates by political parties, and for 24,325
offices of municipal corporations having charters that provide 24,326
for separate ballots for elections for these offices. 24,327
(K) "Party candidate" means any candidate who claims to be 24,329
a member of a political party, whose name has been certified on 24,332
the office-type ballot at a general or special election through 24,333
the filing of a declaration of candidacy and petition of
candidate, and who has won the primary election of the 24,334
candidate's party for the public office the candidate seeks or is 24,335
selected by party committee in accordance with section 3513.31 of 24,336
the Revised Code.
(L) "Officer of a political party" includes, but is not 24,338
limited to, any member, elected or appointed, of a controlling 24,339
committee, whether representing the territory of the state, a 24,340
district therein, a county, township, a city, a ward, a precinct, 24,341
or other territory, of a major, intermediate, or minor political 24,342
party. 24,343
(M) "Question or issue" means any question or issue 24,345
certified in accordance with the Revised Code for placement on an 24,346
official ballot at a general or special election to be held in 24,347
this state. 24,348
(N) "Elector" or "qualified elector" means a person having 24,350
the qualifications provided by law to be entitled to vote. 24,352
(O) "Voter" means an elector who votes at an election. 24,354
(P) "Voting residence" means that place of residence of an 24,356
555
elector which shall determine the precinct in which the elector 24,358
may vote.
(Q) "Precinct" means a district within a county 24,360
established by the board of elections of such county within which 24,361
all qualified electors having a voting residence therein may vote 24,362
at the same polling place. 24,363
(R) "Polling place" means that place provided for each 24,365
precinct at which the electors having a voting residence in such 24,366
precinct may vote. 24,367
(S) "Board" or "board of elections" means the board of 24,369
elections appointed in a county pursuant to section 3501.06 of 24,370
the Revised Code. 24,371
(T) "Political subdivision" means "county," "township," 24,373
"city," "village," or "school district." 24,374
(U) "Election officer or official" means any of the 24,376
following: 24,377
(1) Secretary of state; 24,379
(2) Employees of the secretary of state serving in the 24,381
division of elections in the capacity of attorney, administrative 24,382
officer, administrative assistant, elections administrator, 24,383
office manager, or clerical supervisor; 24,384
(3) Director of a board of elections; 24,386
(4) Deputy director of a board of elections; 24,388
(5) Employees of a board of elections; 24,390
(6) Precinct polling place judges and clerks; 24,392
(7) Employees appointed by the boards of elections on a 24,394
temporary or part-time basis. 24,395
(V) "Acknowledgment notice" means a notice sent by a board 24,397
of elections, on a form prescribed by the secretary of state, 24,398
informing a voter registration applicant or an applicant who 24,399
wishes to change the applicant's residence or name of the status 24,400
of the application; the information necessary to complete or 24,401
update the application, if any; and if the application is 24,402
complete, the precinct in which the applicant is to vote. 24,403
556
(W) "Confirmation notice" means a notice sent by a board 24,405
of elections, on a form prescribed by the secretary of state, to 24,406
a registered elector to confirm the registered elector's current 24,407
address.
(X) "Designated agency" means an office or agency in the 24,409
state that provides public assistance or that provides 24,410
state-funded programs primarily engaged in providing services to 24,411
persons with disabilities and that is required by the National 24,412
Voter Registration Act of 1993 to implement a program designed
and administered by the secretary of state for registering 24,413
voters, or any other public or government office or agency that 24,414
implements a program designed and administered by the secretary 24,415
of state for registering voters, including the department of 24,416
human JOB AND FAMILY services, the program administered under 24,417
section 3701.132 of the Revised Code by the department of health, 24,418
the department of mental health, the department of mental 24,419
retardation and developmental disabilities, the rehabilitation 24,420
services commission, and any other agency the secretary of state 24,421
designates. "Designated agency" does not include public high 24,422
schools and vocational schools, public libraries, or the office 24,423
of a county treasurer.
(Y) "National Voter Registration Act of 1993" means the 24,425
"National Voter Registration Act of 1993," 107 Stat. 77, 42 24,426
U.S.C.A. 1973gg.
(Z) "Voting Rights Act of 1965" means the "Voting Rights 24,428
Act of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended. 24,429
Sec. 3599.45. (A) No candidate for the office of attorney 24,438
general or county prosecutor or his SUCH A CANDIDATE'S campaign 24,439
committee shall knowingly accept any contribution from a provider 24,441
of services or goods under contract with the department of human 24,442
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. 24,443
301, as amended, or from any person having an ownership interest 24,444
in the provider.
557
As used in this section "candidate," "campaign committee," 24,446
and "contribution" have the same meaning as in section 3517.01 of 24,447
the Revised Code.
(B) Whoever violates this section is guilty of a 24,449
misdemeanor of the first degree. 24,450
Sec. 3701.023. (A) The department of health shall review 24,459
applications for eligibility for the program for medically 24,460
handicapped children that are submitted to the department by city 24,461
and general health districts and physician providers approved in 24,462
accordance with division (C) of this section. The department 24,463
shall determine whether the applicants meet the medical and 24,464
financial eligibility requirements established by the public 24,465
health council pursuant to division (A)(1) of section 3701.021 of 24,466
the Revised Code, and by the department in the manual of 24,467
operational procedures and guidelines for the program for 24,468
medically handicapped children developed pursuant to division (B) 24,469
of that section. Referrals of potentially eligible children for 24,470
the program may be submitted to the department on behalf of the 24,471
child by parents, guardians, public health nurses, or any other 24,472
interested person. The department of health may designate other 24,473
agencies to refer applicants to the department of health. 24,474
(B) In accordance with the procedures established in rules 24,476
adopted under division (A)(4) of section 3701.021 of the Revised 24,477
Code, the department of health shall authorize a provider or 24,478
providers to provide to any Ohio resident under twenty-one years 24,479
of age, without charge to the resident or his THE RESIDENT'S 24,480
family and without restriction as to the economic status of the 24,481
resident or his THE RESIDENT'S family, diagnostic services 24,482
necessary to determine whether he THE RESIDENT suffers from a 24,483
medically handicapping or potentially medically handicapping 24,485
condition.
(C) The department of health shall review the applications 24,487
of health professionals, hospitals, medical equipment suppliers, 24,488
and other individuals, groups, or agencies that apply to become 24,489
558
providers. The department shall enter into a written agreement 24,490
with each applicant who is determined, pursuant to the 24,491
requirements set forth in rules adopted under division (A)(2) of 24,492
section 3701.021 of the Revised Code, to be eligible to be a 24,493
provider in accordance with the provider agreement required by 24,494
the medical assistance program established under section 5111.01 24,495
of the Revised Code. No provider shall charge a medically 24,496
handicapped child or his THE CHILD'S parent or guardian for 24,497
services authorized by the department under division (B) or (D) 24,499
of this section. 24,500
The department, in accordance with rules adopted under 24,502
division (A)(3) of section 3701.021 of the Revised Code, may 24,503
disqualify any provider from further participation in the program 24,504
for violating any requirement set forth in rules adopted under 24,505
division (A)(2) of that section. The disqualification shall not 24,506
take effect until a written notice, specifying the requirement 24,507
violated and describing the nature of the violation, has been 24,508
delivered to the provider and the department has afforded the 24,509
provider an opportunity to appeal the disqualification under 24,510
division (H) of this section. 24,511
(D) The department of health shall evaluate applications 24,513
from city and general health districts and approved physician 24,514
providers for authorization to provide treatment services, 24,515
service coordination, and related goods to children determined to 24,516
be eligible for the program for medically handicapped children 24,517
pursuant to division (A) of this section. The department shall 24,518
authorize necessary treatment services, service coordination, and 24,519
related goods for each eligible child in accordance with an 24,520
individual plan of treatment for the child. As an alternative, 24,521
the deparment DEPARTMENT may authorize payment of health 24,522
insurance premiums on behalf of eligible children when the 24,524
department determines, in accordance with criteria set forth in 24,525
rules adopted under division (A)(9) of section 3701.021 of the 24,526
Revised Code, that payment of the premiums is cost-effective. 24,527
559
(E) The department of health shall pay, from 24,529
appropriations to the department, any necessary expenses, 24,530
including but not limited to, expenses for diagnosis, treatment, 24,531
service coordination, supportive services, transportation, and 24,532
accessories and their upkeep, provided to medically handicapped 24,533
children, provided that the provision of the goods or services is 24,534
authorized by the department under division (B) or (D) of this 24,535
section. Money appropriated to the department of health may also 24,536
be expended for reasonable administrative costs incurred by the 24,537
program. The department of health also may purchase liability 24,538
insurance covering the provision of services under the program 24,539
for medically handicapped children by physicians and other health 24,540
care professionals. 24,541
Payments made by the department of health pursuant to this 24,543
division for inpatient hospital care, outpatient care, and all 24,544
other medical assistance furnished by hospitals to eligible 24,545
recipients shall be in accordance with methods established by 24,546
rules of the public health council. Until such rules are 24,547
adopted, the department of health shall make payments to 24,548
hospitals in accordance with reasonable cost principles for 24,549
reimbursement under the medicare program established under Title 24,550
XVIII of the "Social Security Act," 79 Stat. 286 (1965), 42 24,551
U.S.C.A. 1395, as amended. Payments to providers for goods or 24,552
services other than inpatient or outpatient hospital care shall 24,553
be made in accordance with rules adopted by the public health 24,554
council pursuant to division (A) of section 3701.021 of the 24,555
Revised Code. 24,556
The departments of health and human JOB AND FAMILY services 24,558
shall jointly implement procedures to ensure that duplicate 24,560
payments are not made under the program for medically handicapped 24,561
children and the medical assistance program established under 24,562
section 5111.01 of the Revised Code and to identify and recover 24,563
duplicate payments.
(F)(1) At the time of applying for participation in the 24,565
560
program for medically handicapped children, a medically 24,566
handicapped child or his THE CHILD'S parent or guardian shall 24,567
disclose the identity of any third party against whom the child 24,568
or his THE CHILD'S parent or guardian has or may have a right of 24,569
recovery for goods and services provided under division (B) or 24,571
(D) of this section. Except as provided in division (F)(2) of 24,572
this section, the department of health shall require a medically 24,573
handicapped child who receives services from the program or his 24,574
THE CHILD'S parent or guardian to apply for all third-party 24,575
benefits for which he THE CHILD may be eligible and require the 24,576
child, parent, or guardian to apply all third-party benefits 24,578
received to the amount determined under division (E) of this 24,579
section as the amount payable for goods and services authorized 24,580
under division (B) or (D) of this section. The department is the 24,581
payer of last resort and shall pay for authorized goods or 24,582
services, up to the amount determined under division (E) of this 24,583
section for the authorized goods or services, only to the extent 24,584
that payment for the authorized goods or services is not made 24,585
through third-party benefits. When a third party fails to act on 24,586
an application or claim for benefits by a medically handicapped 24,587
child or his THE CHILD'S parent or guardian, the department shall 24,588
pay for the goods or services only after ninety days have elapsed 24,589
since the date the child, parents, or guardians made an 24,590
application or claim for all third-party benefits, except as 24,591
provided in division (F)(2) of this section. Third-party benefits 24,592
received shall be applied to the amount determined under division 24,593
(E) of this section. Third-party payments for goods and services 24,594
not authorized under division (B) or (D) of this section shall 24,595
not be applied to payment amounts determined under division (E) 24,596
of this section. Payment made by the department shall be 24,597
considered payment in full of the amount determined under 24,598
division (E) of this section. Medicaid payments for persons 24,599
eligible for the medical assistance program established under 24,600
section 5111.01 of the Revised Code shall be considered payment 24,601
561
in full of the amount determined under division (E) of this 24,602
section.
(2) A medically handicapped child or his THE parent or 24,604
guardian OF SUCH A CHILD is not required to apply for assistance 24,605
under the medical assistance program established under section 24,607
5111.01 of the Revised Code as a condition for eligibility under 24,608
the program for medically handicapped children if applying for or 24,609
receiving assistance under the medical assistance program 24,610
violates a religious belief of the child, parent, or guardian and 24,611
a tenet of the child's, parent's, or guardian's religion. 24,612
(G) The department of health shall administer a program to 24,614
provide services to Ohio residents who are twenty-one or more 24,615
years of age who are suffering from cystic fibrosis and who meet 24,616
the eligibility requirements established by the rules of the 24,617
public health council pursuant to division (A)(7) of section 24,618
3701.021 of the Revised Code, subject to all provisions of this 24,619
section, but not subject to section 3701.024 of the Revised Code. 24,620
(H) The department of health shall provide for appeals, in 24,622
accordance with rules adopted under section 3701.021 of the 24,623
Revised Code, of denials of applications for the program for 24,624
medically handicapped children under division (A) or (D) of this 24,625
section, disqualification of providers, or amounts paid under 24,626
division (E) of this section. Appeals under this division are 24,627
not subject to Chapter 119. of the Revised Code. 24,628
The department may designate ombudsmen OMBUDSPERSONS to 24,630
assist medically handicapped children or their parents or 24,632
guardians, upon the request of the children, parents, or 24,633
guardians, in filing appeals under this division and to serve as 24,634
children's, parents', or guardians' advocates in matters 24,635
pertaining to the administration of the program for medically 24,636
handicapped children and eligibility for program services. The 24,637
ombudsmen OMBUDSPERSONS shall receive no compensation but shall 24,639
be reimbursed by the department, in accordance with rules of the 24,640
office of budget and management, for their actual and necessary 24,641
562
travel expenses incurred in the performance of their duties. 24,642
(I) The department of health, and city and general health 24,644
districts providing service coordination pursuant to division 24,645
(A)(2) of section 3701.024 of the Revised Code, shall provide 24,646
service coordination in accordance with the standards set forth 24,647
in the rules adopted under section 3701.021 of the Revised Code, 24,648
without charge, and without restriction as to economic status. 24,649
Sec. 3701.241. (A) The director of health shall develop 24,658
and administer the following: 24,659
(1) A surveillance system to determine the number of cases 24,661
of AIDS and the HIV infection rate in various population groups; 24,663
(2) Counseling and testing programs for groups determined 24,665
by the director to be at risk of HIV infection, including 24,666
procedures for both confidential and anonymous tests, counseling 24,667
training programs for health care providers, and development of 24,668
counseling guidelines; 24,669
(3) A confidential partner notification system to alert 24,671
and counsel sexual contacts of individuals with HIV infection; 24,672
(4) Risk reduction and education programs for groups 24,674
determined by the director to be at risk of HIV infection, and, 24,675
in consultation with a wide range of community leaders, education 24,676
programs for the public; 24,677
(5) Pilot programs for the long-term care of individuals 24,679
with AIDS or AIDS-related condition, including care in nursing 24,681
homes and in alternative settings; 24,682
(6) Programs to expand regional outpatient treatment of 24,684
individuals with AIDS or AIDS-related condition; 24,685
(7) A program to assist communities, including communities 24,687
of less than one hundred thousand population, in establishing 24,688
AIDS task forces and support groups for individuals with AIDS, 24,690
AIDS-related condition, and HIV infection. The program may 24,691
include the award of grants if they are matched by local funds. 24,693
Information obtained or maintained under the partner 24,695
notification system is not a public record under section 149.43 24,696
563
of the Revised Code and may be released only in accordance with 24,697
division (C) of section 3701.243 of the Revised Code. 24,698
(B) The director shall: 24,700
(1) Approve a test or tests to be used to determine 24,702
whether an individual has HIV infection, define a confirmed 24,703
positive test result, and develop guidelines for interpreting 24,704
test results; 24,705
(2) Establish sites for confidential and anonymous HIV 24,707
tests, and prepare a list of sites where an individual may obtain 24,708
an anonymous test; 24,709
(3) Prepare a list of counseling services; 24,711
(4) Make available a copy of the list of anonymous testing 24,713
sites or a copy of the list of counseling services to anyone who 24,714
requests it. 24,715
(C) The director of health shall require the director or 24,717
administrator of each site where anonymous or confidential HIV 24,718
tests are given to submit a report every three months evaluating 24,719
from an epidemiologic perspective the effectiveness of the HIV 24,720
testing program at that site. Not later than January 31, 1991, 24,721
and each year thereafter, the director of health shall make a 24,722
report evaluating the anonymous and confidential testing programs 24,723
throughout the state with regard to their effectiveness as 24,724
epidemiologic programs. The report shall be submitted to the 24,725
speaker of the house of representatives and the president of the 24,726
senate and shall be made available to the public. 24,727
The public health council shall adopt rules pursuant to 24,729
Chapter 119. of the Revised Code for the implementation of the 24,730
requirements of division (B)(1) of this section and division (C) 24,731
of section 3701.24 of the Revised Code. 24,732
(D) The director of health shall administer funds received 24,734
under Title XXVI of the "Public Health Services Act," 104 Stat. 24,735
576 (1990), 42 U.S.C.A. 2601, as amended, for programs to improve 24,736
the quality and availability of care for individuals with AIDS, 24,737
AIDS-related condition, and HIV infection. In administering 24,738
564
these funds, the director may enter into contracts with any 24,740
person or entity for the purpose of administering the programs, 24,741
including contracts with the department of human JOB AND FAMILY 24,742
services for establishment of a program of reimbursement of drugs 24,743
used for treatment and care of such individuals. The director of 24,744
health may adopt rules in accordance with Chapter 119. of the 24,745
Revised Code and issue orders as necessary for administration of 24,746
the funds. If the department of human JOB AND FAMILY services 24,747
enters into a contract under this division, the director of human 24,748
JOB AND FAMILY services may adopt rules in accordance with 24,749
Chapter 119. of the Revised Code as necessary for carrying out 24,750
the department's duties under the contract.
Sec. 3701.78. (A) There is hereby created the commission 24,759
on minority health, consisting of eighteen members. The governor 24,760
shall appoint to the commission nine members from among health 24,761
researchers, health planners, and health professionals. The 24,762
speaker of the house of representatives shall appoint to the 24,763
commission two members of the house of representatives, not more 24,764
than one of whom is a member of the same political party, and the 24,765
president of the senate shall appoint to the commission two 24,766
members of the senate, not more than one of whom is a member of 24,767
the same political party. The directors of health, mental 24,768
health, mental retardation and developmental disabilities, and 24,769
human JOB AND FAMILY services, or their designees, and the 24,770
superintendent of public instruction, or his THE SUPERINTENDENT'S 24,772
designee, shall be members of the commission. The commission 24,774
shall elect a chairman CHAIRPERSON from among its members. Of 24,775
the members appointed by the governor, five shall be appointed to 24,777
initial terms of one year, and four shall be appointed to initial 24,778
terms of two years. Thereafter, all members appointed by the 24,779
governor shall be appointed to terms of two years. All members 24,780
of the commission appointed by the speaker of the house of 24,781
representatives or the president of the senate shall be nonvoting 24,782
members of the commission and be appointed within thirty days 24,783
565
after the commencement of the first regular session of each 24,784
general assembly, and shall serve until the expiration of the 24,785
session of the general assembly during which they were appointed. 24,786
Members of the commission shall serve without compensation, but 24,787
shall be reimbursed for the actual and necessary expenses they 24,788
incur in the performance of their official duties. 24,789
(B) The commission shall promote health and the prevention 24,791
of disease among members of minority groups. Each year the 24,792
commission shall distribute grants from available funds to 24,793
community-based health groups to be used to promote health and 24,794
the prevention of disease among members of minority groups. As 24,795
used in this division, "minority group" means any of the 24,796
following economically disadvantaged groups: Blacks, American 24,797
Indians, Hispanics, and Orientals. The commission shall adopt 24,798
and maintain rules pursuant to Chapter 119. of the Revised Code 24,799
to provide for the distribution of these grants. No group shall 24,800
qualify to receive a grant from the commission unless it receives 24,801
at least twenty per cent of its funds from sources other than 24,802
grants distributed under this section. 24,803
(C) The commission may appoint such employees as it 24,805
considers necessary to carry out its duties under this section. 24,806
The department of health shall provide office space for the 24,807
commission. 24,808
(D) The commission shall meet at the call of its chairman 24,810
CHAIRPERSON to conduct its official business. A majority of the 24,811
voting members of the commission constitute a quorum. The votes 24,813
of at least eight voting members of the commission are necessary 24,814
for the commission to take any official action or to approve the 24,815
distribution of grants under this section. 24,816
Sec. 3701.80. The department of health shall cooperate 24,825
with the director of human JOB AND FAMILY services when the 24,826
director promulgates rules pursuant to Chapter 5104. of the 24,828
Revised Code governing the health and sanitary practices of meal
preparation and service for type A family day-care homes, as 24,829
566
defined in section 5104.01 of the Revised Code, recommend 24,830
procedures for inspecting type A family day-care homes to 24,831
determine whether they are in compliance with those rules, and 24,832
provide training and technical assistance to the director on the
procedures for determining compliance with those rules. 24,833
Sec. 3702.55. Except as provided in section 3702.542 of 24,842
the Revised Code, a person that the director of health determines 24,843
has violated section 3702.53 of the Revised Code shall cease 24,844
conducting the activity that constitutes the violation or 24,845
utilizing the equipment or facility resulting from the violation
not later than thirty days after the person receives the notice 24,846
mailed under section 3702.532 of the Revised code CODE or, if the 24,848
person appeals the director's determination under section 3702.60 24,849
of the Revised Code, thirty days after the person receives an 24,850
order upholding the director's determination that is not subject 24,851
to further appeal. A person that applies for a certificate of 24,852
need as described in section 3702.542 of the Revised Code shall 24,853
cease conducting the activity or using the equipment or facility 24,854
in accordance with the timetable established by the director of 24,855
health under that section. 24,856
If any person determined to have violated section 3702.53 24,858
of the Revised Code fails to cease conducting an activity or 24,859
using equipment or a facility as required by this section or a 24,860
timetable established under section 3702.542 of the Revised Code, 24,861
or if the person continues to seek payment or reimbursement for 24,862
services rendered or costs incurred in conducting the activity as 24,863
prohibited by section 3702.56 of the Revised Code, in addition to 24,865
the penalties imposed under section 3702.54, 3702.541, 3702.542, 24,866
or 3702.543 of the Revised Code: 24,868
(A) The director of health may refuse to include any beds 24,871
involved in the activity in the bed capacity of a hospital for 24,872
purposes of registration under section 3701.07 of the Revised 24,873
Code;
(B) The director of health may refuse to license, or may 24,876
567
revoke a license or reduce bed capacity previously granted to, a 24,877
maternity boardinghouse or lying-in hospital under section 24,878
3711.02 of the Revised Code; a hospice care program under section 24,879
3712.04 of the Revised Code; a nursing home, rest home, or home 24,880
for the aging under section 3721.02 of the Revised Code; or any 24,882
beds within any of those facilities that are involved in the 24,883
activity;
(C) A political subdivision certified under section 24,886
3721.09 of the Revised Code may refuse to license, or may revoke 24,887
a license or reduce bed capacity previously granted to, a nursing 24,888
home, rest home, or home for the aging, or any beds within any of 24,889
those facilities that are involved in the activity; 24,890
(D) The director of mental health may refuse to license 24,893
under section 5119.20 of the Revised Code, or may revoke a 24,894
license or reduce bed capacity previously granted to, a hospital 24,895
receiving mentally ill persons or beds within such a hospital 24,896
that are involved in the activity;
(E) The department of human JOB AND FAMILY services may 24,898
refuse to enter into a provider agreement that includes a 24,899
facility, beds, or services that result from the activity. 24,900
Sec. 3702.74. (A) A primary care physician who has signed 24,909
a letter of intent under section 3702.73 of the Revised Code, the 24,910
director of health, and the Ohio board of regents may enter into 24,912
a contract for the physician's participation in the physician 24,913
loan repayment program. A lending institution may also be a
party to the contract. 24,914
(B) The contract shall include all of the following 24,916
obligations: 24,917
(1) The primary care physician agrees to provide primary 24,919
care services in the health resource shortage area identified in 24,920
the letter of intent for at least two years or one year per 24,922
twenty thousand dollars of repayment agreed to under division 24,923
(b)(B)(3) of this section, whichever is greater;
(2) When providing primary care services in the health 24,925
568
resource shortage area, the primary care physician agrees to do 24,926
all of the following: 24,927
(a) Provide primary care services for a minimum of forty 24,929
hours per week; 24,930
(b) Provide primary care services without regard to a 24,932
patient's ability to pay; 24,933
(c) Meet the conditions prescribed by the "Social Security 24,935
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and the 24,936
department of human JOB AND FAMILY services for participation in 24,937
the medical assistance program established under Chapter 5111. of 24,939
the Revised Code and enter into a contract with the department to 24,940
provide primary care services to recipients of the medical 24,941
assistance program; 24,942
(d) Meet the conditions established by the department of 24,944
human JOB AND FAMILY services for participation in the disability 24,946
assistance medical assistance program established under Chapter 24,947
5115. of the Revised Code and enter into a contract with the 24,948
department to provide primary care services to recipients of 24,949
disability assistance. 24,950
(3) The Ohio board of regents agrees, as provided in 24,953
section 3702.75 of the Revised Code, to repay, so long as the 24,954
primary care physician performs the service obligation agreed to 24,955
under division (B)(1) of this section, all or part of the 24,956
principal and interest of a government or other educational loan
taken by the primary care physician for expenses described in 24,957
section 3702.75 of the Revised Code; 24,958
(4) The primary care physician agrees to pay the board the 24,961
following as damages if the physician fails to complete the 24,962
service obligation agreed to under division (B)(1) of this 24,963
section:
(a) If the failure occurs during the first two years of 24,965
the service obligation, three times the total amount the board 24,967
has agreed to repay under division (B)(3) of this section; 24,968
(b) If the failure occurs after the first two years of the 24,970
569
service obligation, three times the amount the board is still 24,972
obligated to repay under division (B)(3) of this section. 24,973
(C) The contract may include any other terms agreed upon 24,975
by the parties, including an assignment to the Ohio board of 24,976
regents of the physician's duty to pay the principal and interest 24,978
of a government or other educational loan taken by the physician 24,979
for expenses described in section 3702.75 of the Revised Code. 24,980
If the board assumes the physician's duty to pay a loan, the 24,982
contract shall set forth the total amount of principal and
interest to be paid, an amortization schedule, and the amount of 24,983
each payment to be made under the schedule. 24,984
Sec. 3705.07. (A) The local registrar of vital statistics 24,993
shall number consecutively the birth, fetal death, and death 24,994
certificates in three separate series, beginning with "number 24,995
one" for the first birth, the first fetal death, and the first 24,996
death registered in each calendar year. Such local registrar 24,997
shall sign the local registrar's name in attest to the date of 24,999
filing in the local office. The local registrar shall make a 25,000
complete and accurate copy of each birth, fetal death, and death 25,001
certificate registered. Each copy shall be filed and permanently 25,002
preserved as the local record of such birth, fetal death, or 25,003
death except as provided in sections 3705.09 and 3705.12 of the 25,004
Revised Code. The local record may be a typewritten, 25,005
photographic, electronic, or other reproduction. On or before 25,006
the tenth day of each month, the local registrar shall transmit 25,007
to the state office of vital statistics all original birth, fetal 25,008
death, death, and military service certificates received, and all 25,009
social security numbers obtained under section 3705.09, 3705.10, 25,010
or 3705.16 of the Revised Code, during the preceding month. The 25,012
local registrar shall immediately notify the health commissioner 25,013
with jurisdiction in the registration district of the receipt of 25,014
a death certificate attesting that death resulted from a 25,015
communicable disease.
The office of vital statistics shall carefully examine the 25,017
570
records and certificates received from local registrars of vital 25,018
statistics and shall secure any further information that may be 25,019
necessary to make each record and certificate complete and 25,020
satisfactory. It shall arrange and preserve the records and 25,021
certificates, or reproductions of them produced pursuant to 25,022
section 3705.03 of the Revised Code, in a systematic manner and 25,023
shall maintain a permanent index of all births, fetal deaths, and 25,024
deaths registered, which shall show the name of the child or 25,025
deceased person, place and date of birth or death, number of the 25,026
record or certificate, and the volume in which it is contained. 25,027
(B)(1) The office of vital statistics shall make available 25,029
to the bureau DIVISION of child support in the department of 25,030
human JOB AND FAMILY services all social security numbers that 25,031
were furnished to a local registrar of vital statistics under 25,033
division (I) of section 3705.09 or under section 3705.10 or 25,034
3705.16 of the Revised Code and that were transmitted to the 25,035
office under division (A) of this section. 25,036
(2) The office of vital statistics also shall make 25,038
available to the bureau DIVISION of child support in the 25,039
department of human JOB AND FAMILY services any other information 25,041
recorded in the birth record that may enable the bureau DIVISION 25,043
to use the social security numbers provided under division (B)(1) 25,045
of this section to obtain the location of the father of the child 25,046
whose birth certificate was accompanied by the social security 25,047
number or to otherwise enforce a child support order pertaining 25,048
to that child or any other child. 25,049
Sec. 3705.09. (A) A birth certificate for each live birth 25,058
in this state shall be filed in the registration district in 25,059
which it occurs within ten days after such birth and shall be 25,060
registered if it has been completed and filed in accordance with 25,061
this section. 25,062
(B) When a birth occurs in or en route to an institution, 25,064
the person in charge of the institution or a designated 25,065
representative shall obtain the personal data, prepare the 25,066
571
certificate, secure the signatures required, and file the 25,067
certificate within ten days with the local registrar of vital 25,068
statistics. The physician in attendance shall provide the 25,069
medical information required by the certificate and certify to 25,070
the facts of birth within seventy-two hours after the birth. 25,071
(C) When a birth occurs outside an institution, the birth 25,073
certificate shall be prepared and filed by one of the following 25,074
in the indicated order of priority: 25,075
(1) The physician in attendance at or immediately after 25,077
the birth; 25,078
(2) Any other person in attendance at or immediately after 25,080
the birth; 25,081
(3) The father; 25,083
(4) The mother; 25,085
(5) The person in charge of the premises where the birth 25,087
occurred. 25,088
(D) Either of the parents of the child or other informant 25,090
shall attest to the accuracy of the personal data entered on the 25,091
birth certificate in time to permit the filing of the certificate 25,092
within the ten days prescribed in this section. 25,093
(E) When a birth occurs in a moving conveyance within the 25,095
United States and the child is first removed from the conveyance 25,096
in this state, the birth shall be registered in this state and 25,097
the place where it is first removed shall be considered the place 25,098
of birth. When a birth occurs on a moving conveyance while in 25,099
international waters or air space or in a foreign country or its 25,100
air space and the child is first removed from the conveyance in 25,101
this state, the birth shall be registered in this state but the 25,102
record shall show the actual place of birth insofar as can be 25,103
determined. 25,104
(F)(1) If the mother of a child was married at the time of 25,106
either conception or birth or between conception and birth, the 25,107
child shall be registered in the surname designated by the 25,108
mother, and the name of the husband shall be entered on the 25,109
572
certificate as the father of the child. The presumption of 25,110
paternity shall be in accordance with section 3111.03 of the 25,111
Revised Code. 25,112
(2) If the mother was not married at the time of 25,114
conception or birth or between conception and birth, the child 25,115
shall be registered by the surname designated by the mother. The 25,116
name of the father of such child shall also be inserted on the 25,117
birth certificate if both the mother and the father sign an 25,118
acknowledgement of paternity affidavit before the birth record 25,120
has been sent to the local registrar. If the father is not named 25,121
on the birth certificate pursuant to division (F)(1) or (2) of 25,122
this section, no other information about the father shall be 25,124
entered on the record.
(G) When a man is presumed or found to be the father of a 25,126
child, according to sections 3111.01 to 3111.19, former section 25,127
3111.21, or section 3111.22 of the Revised Code, or the father 25,128
has acknowledged the child as his child in an acknowledgment of 25,130
paternity, and the acknowledgment has become final pursuant to 25,131
section 2151.232, 3111.211, or 5101.314 of the Revised Code, and 25,133
documentary evidence of such fact is submitted to the department 25,134
of health in such form as the director may require, a new birth 25,135
record shall be issued by the department which shall have the 25,136
same overall appearance as the record which would have been 25,137
issued under this section if a marriage had occurred before the 25,138
birth of such child. Where handwriting is required to effect 25,139
such appearance, the department shall supply it. Upon the 25,140
issuance of such new birth record, the original birth record 25,141
shall cease to be a public record. Except as provided in 25,143
division (C) of section 3705.091 of the Revised Code, the 25,144
original record and any documentary evidence supporting the new 25,145
registration of birth shall be placed in an envelope which shall 25,146
be sealed by the department and shall not be open to inspection 25,147
or copy unless so ordered by a court of competent jurisdiction. 25,148
The department shall then promptly forward a copy of the 25,150
573
new birth record to the local registrar of vital statistics of 25,151
the district in which the birth occurred, and such local 25,152
registrar shall file a copy of such new birth record along with 25,153
and in the same manner as the other copies of birth records in 25,154
such local registrar's possession. All copies of the original 25,155
birth record in the possession of the local registrar or the 25,156
probate court, as well as any and all index references to it, 25,157
shall be destroyed. Such new birth record, as well as any 25,158
certified or exact copy of it, when properly authenticated by a 25,159
duly authorized person shall be prima-facie evidence in all 25,160
courts and places of the facts stated in it. 25,161
(H) When a woman who is a legal resident of this state has 25,163
given birth to a child in a foreign country that does not have a 25,164
system of registration of vital statistics, a birth record may be 25,165
filed in the office of vital statistics on evidence satisfactory 25,166
to the director of health. 25,167
(I) Every birth certificate filed under this section on or 25,169
after July 1, 1990, shall be accompanied by all social security 25,170
numbers that have been issued to the parents of the child, unless 25,171
the bureau DIVISION of child support in the department of human 25,173
JOB AND FAMILY services, acting in accordance with regulations 25,174
prescribed under the "Family Support Act of 1988," 102 Stat. 25,175
2353, 42 U.S.C.A. 405, as amended, finds good cause for not 25,176
requiring that the numbers be furnished with the certificate. 25,177
The parents' social security numbers shall not be recorded on the 25,178
certificate. The local registrar of vital statistics shall 25,179
transmit the social security numbers to the state office of vital 25,180
statistics in accordance with section 3705.07 of the Revised 25,181
Code. No social security number obtained under this division 25,182
shall be used for any purpose other than child support 25,183
enforcement.
Sec. 3705.091. (A) If the natural mother and alleged 25,193
father of a child sign an acknowledgment of paternity affidavit 25,194
prepared pursuant to section 5101.324 of the Revised Code with 25,196
574
respect to that child at the office of the local registrar, the 25,197
local registrar shall provide a notary public to notarize the 25,198
acknowledgment. The local registrar shall send a signed and 25,199
notarized acknowledgment of paternity to the division of child 25,200
support in the department of human JOB AND FAMILY services 25,201
pursuant to section 5101.314 of the Revised Code. The local 25,202
registrar shall send the acknowledgment no later than ten days 25,203
after it has been signed and notarized. If the local registrar 25,204
knows a man is presumed under section 3111.03 of the Revised Code 25,206
to be the father of the child, the local registrar shall not 25,207
notarize or send an acknowledgment with respect to the child 25,208
pursuant to this section.
(B) The local registrar of vital statistics shall provide 25,210
an acknowledgment of paternity affidavit described in division 25,211
(A) of this section to any person that requests it. 25,212
(C) The department of health shall store all 25,215
acknowledgments of paternity affidavits it receives pursuant to 25,216
section 5101.314 of the Revised Code. The department of health 25,217
shall send to the division any acknowledgment the department is 25,218
storing that the division requests. The department of health 25,219
shall adopt rules pursuant to Chapter 119. of the Revised Code to 25,220
govern the method of storage of the acknowledgments and to 25,221
implement this section.
(D) The department of health and the department of human 25,224
JOB AND FAMILY services shall enter into an agreement regarding
expenses incurred by the department of health in comparing 25,225
acknowledgment of paternity affidavits to birth records and 25,226
storage of acknowledgment of paternity affidavits. 25,227
Sec. 3705.10. Any birth certificate submitted for filing 25,237
eleven or more days after the birth occurred constitutes a 25,238
delayed birth registration. A delayed birth certificate may be 25,239
filed in accordance with rules which shall be adopted by the 25,240
director of health. The rules shall include, but not be limited 25,241
to, all of the following requirements for each delayed birth 25,242
575
certificate filed on or after July 1, 1990: 25,243
(A) The certificate shall be accompanied by all social 25,245
security numbers that have been issued to the parents of the 25,246
child, unless the bureau DIVISION of child support in the 25,247
department of human JOB AND FAMILY services, acting in accordance 25,249
with regulations prescribed under the "Family Support Act of 25,251
1988," 102 Stat. 2353, 42 U.S.C.A. 405, as amended, finds good 25,252
cause for not requiring that the numbers be furnished with the 25,253
certificate.
(B) The parents' social security numbers shall not be 25,255
recorded on the certificate. 25,256
(C) The local registrar of vital statistics shall transmit 25,258
the social security numbers to the state office of vital 25,259
statistics in accordance with section 3705.07 of the Revised 25,260
Code. 25,261
(D) No social security number obtained under this section 25,263
shall be used for any purpose other than child support 25,264
enforcement. 25,265
Sec. 3721.011. (A) In addition to providing 25,274
accommodations, supervision, and personal care services to its 25,275
residents, a residential care facility may provide skilled 25,276
nursing care as follows:
(1) Supervision of special diets; 25,278
(2) Application of dressings, in accordance with rules 25,280
adopted under section 3721.04 of the Revised Code; 25,281
(3) Providing for the administration of medication to 25,283
residents, to the extent authorized under division (B)(1) of this 25,285
section;
(4) Other skilled nursing care provided on a part-time, 25,287
intermittent basis pursuant to division (C) of this section. 25,288
A residential care facility may not admit or retain an 25,290
individual requiring skilled nursing care that is not authorized 25,291
by this section. A residential care facility may not provide 25,292
skilled nursing care beyond the limits established by this 25,293
576
section.
(B)(1) A residential care facility may admit or retain an 25,295
individual requiring medication, including biologicals, only if 25,297
the individual's personal physician has determined in writing
that the individual is capable of self-administering the 25,298
medication or the facility provides for the medication to be 25,299
administered to the individual by a home health agency certified 25,300
under Title XVIII of the "Social Security Act," 49 Stat. 620 25,301
(1935), 42 U.S.C.A. 301, as amended; a hospice care program 25,302
licensed under Chapter 3712. of the Revised Code; or a member of 25,303
the staff of the residential care facility who is qualified to 25,304
perform medication administration. Medication may be 25,305
administered in a residential care facility only by the following 25,307
persons authorized by law to administer medication: 25,308
(a) A registered nurse licensed under Chapter 4723. of the 25,311
Revised Code;
(b) A licensed practical nurse licensed under Chapter 25,313
4723. of the Revised Code who holds proof of successful 25,314
completion of a course in medication administration approved by 25,315
the board of nursing and who administers the medication only at 25,316
the direction of a registered nurse or a physician authorized 25,317
under Chapter 4731. of the Revised Code to practice medicine and
surgery or osteopathic medicine and surgery; 25,318
(c) A physician authorized under Chapter 4731. of the 25,320
Revised Code to practice medicine and surgery or osteopathic 25,321
medicine and surgery.
(2) In assisting a resident with self-administration of 25,323
medication, any member of the staff of a residential care 25,324
facility may do the following: 25,325
(a) Remind a resident when to take medication and watch to 25,327
ensure that the resident follows the directions on the container; 25,328
(b) Assist a resident by taking the medication from the 25,330
locked area where it is stored, in accordance with rules adopted 25,331
pursuant to section 3721.04 of the Revised Code, and handing it 25,332
577
to the resident. If the resident is physically unable to open 25,333
the container, a staff member may open the container for the 25,334
resident.
(c) Assist a physically impaired but mentally alert 25,336
resident, such as a resident with arthritis, cerebral palsy, or 25,337
Parkinson's disease, in removing oral or topical medication from 25,338
containers and in consuming or applying the medication, upon 25,339
request by or with the consent of the resident. If a resident is 25,340
physically unable to place a dose of medicine to the resident's 25,342
mouth without spilling it, a staff member may place the dose in a 25,343
container and place the container to the mouth of the resident.
(C) A residential care facility may admit or retain 25,346
individuals who require skilled nursing care beyond the
supervision of special diets, application of dressings, or 25,348
administration of medication, only if the care will be provided 25,349
on a part-time, intermittent basis for not more than a total of 25,350
one hundred twenty days in any twelve-month period. In 25,351
accordance with Chapter 119. of the Revised Code, the public 25,352
health council shall adopt rules specifying what constitutes the 25,353
need for skilled nursing care on a part-time, intermittent basis. 25,354
The council shall adopt rules that are consistent with rules 25,355
pertaining to home health care adopted by the director of human
JOB AND FAMILY services for the medical assistance program 25,356
established under Chapter 5111. of the Revised Code. Skilled 25,357
nursing care provided pursuant to this division may be provided 25,358
by a home health agency certified under Title XVIII of the 25,359
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as 25,360
amended, a hospice care program licensed under Chapter 3712. of
the Revised Code, or a member of the staff of a residential care 25,361
facility who is qualified to perform skilled nursing care. 25,362
A residential care facility that provides skilled nursing 25,364
care pursuant to this division shall do both of the following: 25,365
(1) Evaluate each resident receiving the skilled nursing 25,368
care at least once every seven days to determine whether the 25,369
578
resident should be transferred to a nursing home;
(2) Meet the skilled nursing care needs of each resident 25,372
receiving the care.
(D) Notwithstanding any other provision of this chapter, a 25,374
residential care facility in which residents receive skilled 25,375
nursing care pursuant to this section is not a nursing home. 25,376
Sec. 3721.022. (A) As used in this section: 25,386
(1) "Nursing facility" has the same meaning as in section 25,388
5111.20 of the Revised Code. 25,389
(2) "Deficiency" and "survey" have the same meanings as in 25,391
section 5111.35 of the Revised Code. 25,392
(B) The department of health is hereby designated the 25,394
state agency responsible for establishing and maintaining health 25,395
standards and serving as the state survey agency for the purposes 25,396
of Titles XVIII and XIX of the "Social Security Act," 49 Stat. 25,397
620 (1935), 42 U.S.C.A. 301, as amended. The department shall 25,398
carry out these functions in accordance with the regulations, 25,399
guidelines, and procedures issued under Titles XVIII and XIX by 25,400
the United States secretary of health and human services and with 25,401
sections 5111.35 to 5111.62 of the Revised Code. The director of 25,402
health shall enter into agreements with regard to these functions 25,403
with the department of human JOB AND FAMILY services and the 25,404
United States department of health and human services. The 25,406
director may also enter into agreements with the department of 25,408
human JOB AND FAMILY services under which the department of 25,409
health is designated to perform functions under sections 5111.35 25,410
to 5111.62 of the Revised Code.
The director, in accordance with Chapter 119. of the 25,412
Revised Code, shall adopt rules necessary to implement the survey 25,413
and certification requirements for skilled nursing facilities and 25,414
nursing facilities established by the United States secretary of 25,415
health and human services under Titles XVIII and XIX of the 25,416
"Social Security Act," and the survey requirements established 25,417
under sections 5111.35 to 5111.62 of the Revised Code. The rules 25,418
579
shall include an informal process by which a facility may obtain 25,419
a review of deficiencies that have been cited on a statement of 25,420
deficiencies made by the department of health under section 25,421
5111.42 of the Revised Code. The review shall be conducted by an 25,422
employee of the department who did not participate in and was not 25,423
otherwise involved in any way with the survey. If the employee 25,424
conducting the review determines that any deficiency citation is 25,425
unjustified, that determination shall be reflected clearly in all 25,426
records relating to the survey. 25,427
The director need not adopt as rules any of the 25,429
regulations, guidelines, or procedures issued under Titles XVIII 25,430
and XIX of the "Social Security Act" by the United States 25,431
secretary of health and human services. 25,432
Sec. 3721.071. The buildings in which a home is housed 25,441
shall be equipped with both an automatic fire extinguishing 25,442
system and fire alarm system. Such systems shall conform to 25,443
standards set forth in the regulations of the board of building 25,444
standards and the state fire marshal. 25,445
The time for compliance with the requirements imposed by 25,447
this section shall be January 1, 1975, except that the date for 25,448
compliance with the automatic fire extinguishing requirements is 25,449
extended to January 1, 1976, provided the buildings of the home 25,450
are otherwise in compliance with fire safety laws and regulations 25,451
and: 25,452
(A) The home within thirty days after August 4, 1975, 25,454
files a written plan with the state fire marshal's office that: 25,455
(1) Outlines the interim safety procedures which shall be 25,457
carried out to reduce the possibility of a fire; 25,458
(2) Provides evidence that the home has entered into an 25,460
agreement for a fire safety inspection to be conducted not less 25,461
than monthly by a qualified independent safety engineer 25,462
consultant or a township, municipal, or other legally constituted 25,463
fire department, or by a township or municipal fire prevention 25,464
officer; 25,465
580
(3) Provides verification that the home has entered into a 25,467
valid contract for the installation of an automatic fire 25,468
extinguishing system or fire alarm system, or both, as required 25,469
to comply with this section; 25,470
(4) Includes a statement regarding the expected date for 25,472
the completion of the fire extinguishing system or fire alarm 25,473
system, or both. 25,474
(B) Inspections by a qualified independent safety engineer 25,476
consultant or a township, municipal, or other legally constituted 25,477
fire department, or by a township or municipal fire prevention 25,478
officer are initiated no later than sixty days after August 4, 25,479
1975, and are conducted no less than monthly thereafter, and 25,480
reports of the consultant, fire department, or fire prevention 25,481
officer identifying existing hazards and recommended corrective 25,482
actions are submitted to the state fire marshal, the division of 25,483
industrial compliance in the department of commerce, and the 25,486
department of health.
It is the express intent of the general assembly that the 25,488
department of human JOB AND FAMILY services shall terminate 25,489
payments under Title XIX of the "Social Security Act," 49 Stat. 25,491
620 (1935), 42 U.S.C. 301, as amended, to those homes which do 25,492
not comply with the requirements of this section for the 25,493
submission of a written fire safety plan and the deadline for 25,494
entering into contracts for the installation of systems. 25,495
Sec. 3721.08. (A) As used in this section, "real and 25,504
present danger" means imminent danger of serious physical or 25,505
life-threatening harm to one or more occupants of a home. 25,506
(B) The director of health may petition the court of 25,508
common pleas of the county in which the home is located for an 25,509
order enjoining any person from operating a home without a 25,510
license. The court shall have jurisdiction to grant such 25,511
injunctive relief upon a showing that the respondent named in the 25,512
petition is operating a home without a license. The court shall 25,513
have jurisdiction to grant such injunctive relief against the 25,514
581
operation of a home without a license regardless of whether the 25,515
home meets essential licensing requirements. 25,516
(C) Unless the department of human JOB AND FAMILY services 25,518
or contracting agency has taken action under section 5111.51 of 25,519
the Revised Code to appoint a temporary manager or seek 25,520
injunctive relief, if, in the judgment of the director of health, 25,521
real and present danger exists at any home, the director may 25,522
petition the court of common pleas of the county in which the 25,523
home is located for such injunctive relief as is necessary to 25,524
close the home, transfer one or more occupants to other homes or 25,525
other appropriate care settings, or otherwise eliminate the real 25,526
and present danger. The court shall have the jurisdiction to 25,527
grant such injunctive relief upon a showing that there is real 25,528
and present danger.
(D)(1) If the director determines that real and present 25,530
danger exists at a home and elects not to immediately seek 25,531
injunctive relief under division (C) of this section, he THE 25,532
DIRECTOR may give written notice of proposed action to the home. 25,534
The notice shall specify all of the following: 25,535
(a) The nature of the conditions giving rise to the real 25,537
and present danger; 25,538
(b) The measures that the director determines the home 25,540
must take to respond to the conditions; 25,541
(c) The date on which the director intends to seek 25,543
injunctive relief under division (C) of this section if he THE 25,544
DIRECTOR determines that real and present danger exists at the 25,546
home.
(2) If the home notifies the director, within the time 25,548
specified pursuant to division (D)(1)(c) of this section, that it 25,549
believes the conditions giving rise to the real and present 25,550
danger have been substantially corrected, the director shall 25,551
conduct an inspection to determine whether real and present 25,552
danger exists. If the director determines on the basis of the 25,553
inspection that real and present danger exists, he THE DIRECTOR 25,554
582
may petition under division (C) of this section for injunctive 25,556
relief.
(E)(1) If in the judgment of the director of health 25,558
conditions exist at a home that will give rise to real and 25,559
present danger if not corrected, the director shall give written 25,560
notice of proposed action to the home. The notice shall specify 25,561
all of the following: 25,562
(a) The nature of the conditions giving rise to the 25,564
director's judgment; 25,565
(b) The measures that the director determines the home 25,567
must take to respond to the conditions; 25,568
(c) The date, which shall be no less than ten days after 25,570
the notice is delivered, on which the director intends to seek 25,571
injunctive relief under division (C) of this section if the 25,572
conditions are not substantially corrected and he THE DIRECTOR 25,573
determines that a real and present danger exists. 25,575
(2) If the home notifies the director, within the period 25,577
of time specified pursuant to division (E)(1)(c) of this section, 25,578
that the conditions giving rise to the director's determination 25,579
have been substantially corrected, the director shall conduct an 25,580
inspection. If the director determines on the basis of the 25,581
inspection that the conditions have not been corrected and a real 25,582
and present danger exists, he THE DIRECTOR may petition under 25,583
division (C) of this section for injunctive relief. 25,585
(F)(1) A court that grants injunctive relief under 25,587
division (C) of this section may also appoint a special master 25,588
who, subject to division (F)(2) of this section, shall have such 25,589
powers and authority over the home and length of appointment as 25,590
the court considers necessary. Subject to division (F)(2) of 25,591
this section, the salary of a special master and any costs 25,592
incurred by a special master shall be the obligation of the home. 25,593
(2) No special master shall enter into any employment 25,595
contract on behalf of a home, or purchase with the home's funds 25,596
any capital goods totaling more than ten thousand dollars, unless 25,597
583
the special master has obtained approval for the contract or 25,598
purchase from the home's operator or the court. 25,599
(G) If the director takes action under division (C), (D), 25,601
or (E) of this section, he THE DIRECTOR may also appoint 25,602
employees of the department of health to conduct on-site 25,604
monitoring of the home. Appointment of monitors is not subject to 25,605
appeal under Chapter 119. or any other section of the Revised 25,606
Code. No employee of a home for which monitors are appointed, no 25,607
person employed by the home within the previous two years, and no 25,608
person who currently has a consulting contract with the 25,609
department or a home, shall be appointed under this division. 25,610
Every monitor shall have the professional qualifications 25,611
necessary to monitor correction of the conditions that give rise 25,612
to or, in the director's judgment, will give rise to real and 25,613
present danger. The number of monitors present at a home at any 25,614
given time shall not exceed one for every fifty residents, or 25,615
fraction thereof.
(H) On finding that the real and present danger for which 25,617
injunctive relief was granted under division (C) of this section 25,618
has been eliminated and that the home's operator has demonstrated 25,619
the capacity to prevent the real and present danger from 25,620
recurring, the court shall terminate its jurisdiction over the 25,621
home and return control and management of the home to the 25,622
operator. If the real and present danger cannot be eliminated 25,623
practicably within a reasonable time following appointment of a 25,624
special master, the court may order the special master to close 25,625
the home and transfer all residents to other homes or other 25,626
appropriate care settings. 25,627
(I) The director of health shall give notice of proposed 25,629
action under divisions (D) and (E) of this section to both of the 25,630
following: 25,631
(1) The home's administrator; 25,633
(2) If the home is operated by an organization described 25,635
in subsection 501(c)(3) and tax exempt under subsection 501(a) of 25,636
584
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 25,637
1, as amended, the board of trustees of the organization; or, if 25,638
the home is not operated by such an organization, the owner of 25,639
the home. 25,640
Notices shall be delivered by certified mail or hand 25,642
delivery. If notices are mailed, they shall be addressed to the 25,643
persons specified in divisions (I)(1) and (2) of this section, as 25,644
indicated in the department of health's records. If they are 25,645
hand delivered, they shall be delivered to persons who would 25,646
reasonably appear to the average prudent person to have authority 25,647
to accept them. 25,648
(J) If ownership of a home is assigned or transferred to a 25,650
different person, the new owner is responsible and liable for 25,651
compliance with any notice of proposed action or order issued 25,652
under this section prior to the effective date of the assignment 25,653
or transfer. 25,654
Sec. 3721.12. (A) The administrator of a home shall: 25,663
(1) With the advice of residents, their sponsors, or both, 25,665
establish and review at least annually, written policies 25,666
regarding the applicability and implementation of residents' 25,667
rights under sections 3721.10 to 3721.17 of the Revised Code, the 25,668
responsibilities of residents regarding the rights, and the 25,669
home's grievance procedure established under division (A)(2) of 25,670
this section. The administrator is responsible for the 25,671
development of, and adherence to, procedures implementing the 25,672
policies. 25,673
(2) Establish a grievance committee for review of 25,675
complaints by residents. The grievance committee shall be 25,676
comprised of the home's staff and residents, sponsors, or outside 25,677
representatives in a ratio of not more than one staff member to 25,678
every two residents, sponsors, or outside representatives. 25,679
(3) Furnish to each resident and sponsor prior to or at 25,681
the time of admission, and to each member of the home's staff, at 25,682
least one of each of the following: 25,683
585
(a) A copy of the rights established under sections 25,685
3721.10 to 3721.17 of the Revised Code; 25,686
(b) A written explanation of the provisions of section 25,688
3721.16 of the Revised Code; 25,689
(c) A copy of the home's policies and procedures 25,691
established under this section; 25,692
(d) A copy of the home's rules; 25,694
(e) A copy of the addresses and telephone numbers of the 25,696
board of health of the health district of the county in which the 25,697
home is located, the county department of human JOB AND FAMILY 25,698
services of the county in which the home is located, the state 25,700
departments of health and human JOB AND FAMILY services, the 25,701
state and local offices of the department of aging, and any Ohio 25,703
nursing home ombudsman OMBUDSPERSON program. 25,704
(B) Written acknowledgment of the receipt of copies of the 25,706
materials listed in this section shall be made part of the 25,707
resident's record and the staff member's personnel record. 25,708
(C) The administrator shall post all of the following 25,710
prominently within the home: 25,711
(1) A copy of the rights of residents as listed in 25,713
division (A) of section 3721.13 of the Revised Code; 25,714
(2) A copy of the home's rules and its policies and 25,716
procedures regarding the rights and responsibilities of 25,717
residents; 25,718
(3) A notice that a copy of this chapter, rules of the 25,720
department of health applicable to the home, and federal 25,721
regulations adopted under Titles XVIII and XIX of the "Social 25,722
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, 25,723
and the materials required to be available in the home under 25,724
section 3721.021 of the Revised Code, are available for 25,725
inspection in the home at reasonable hours; 25,726
(4) A list of residents' rights advocates; 25,728
(5) A notice that the following are available in a place 25,730
readily accessible to residents: 25,731
586
(a) If the home is licensed under section 3721.02 of the 25,733
Revised Code, a copy of the most recent licensure inspection 25,734
report prepared for the home under that section; 25,735
(b) If the home is a nursing facility as defined in 25,737
section 5111.20 of the Revised Code, a copy of the most recent 25,738
statement of deficiencies issued to the home under section 25,739
5111.42 of the Revised Code. 25,740
(D) The administrator of a home may, with the advice of 25,742
residents, their sponsors, or both, establish written policies 25,743
regarding the applicability and administration of any additional 25,744
residents' rights beyond those set forth in sections 3721.10 to 25,745
3721.17 of the Revised Code, and the responsibilities of 25,746
residents regarding the rights. Policies established under this 25,747
division shall be reviewed, and procedures developed and adhered 25,748
to as in division (A)(1) of this section. 25,749
Sec. 3721.14. To assist in the implementation of the 25,758
rights granted in division (A) of section 3721.13 of the Revised 25,759
Code, each home shall provide: 25,760
(A) Appropriate staff training to implement each 25,762
resident's rights under division (A) of section 3721.13 of the 25,763
Revised Code, including, but not limited to, explaining: 25,764
(1) The resident's rights and the staff's responsibility 25,766
in the implementation of the rights; 25,767
(2) The staff's obligation to provide all residents who 25,769
have similar needs with comparable service. 25,770
(B) Arrangements for a resident's needed ancillary 25,772
services; 25,773
(C) Protected areas outside the home for residents to 25,775
enjoy outdoor activity, within the capacity of the facility, 25,776
consistent with applicable laws and rules; 25,777
(D) Adequate indoor space, which need not be dedicated to 25,779
that purpose, for families of residents to meet privately with 25,780
families of other residents; 25,781
(E) Access to the following persons to enter the home 25,783
587
during reasonable hours, except where such access would interfere 25,784
with resident care or the privacy of residents: 25,785
(1) Employees of the department of health, department of 25,787
mental health, department of mental retardation and developmental 25,788
disabilities, department of aging, state department of human JOB 25,790
AND FAMILY services, and county departments of human JOB AND 25,791
FAMILY services;
(2) Prospective residents and their sponsors; 25,793
(3) A resident's sponsors; 25,795
(4) Residents' rights advocates; 25,797
(5) A resident's attorney; 25,799
(6) A minister, priest, rabbi, or other person ministering 25,801
to a resident's religious needs. 25,802
(F) In writing, a description of the home's grievance 25,804
procedures. 25,805
Sec. 3721.15. (A) Authorization from a resident or a 25,818
sponsor with a power of attorney for a home to manage the 25,819
resident's financial affairs shall be in writing and shall be 25,820
attested to by a witness who is not connected in any manner 25,821
whatsoever with the home or its administrator. The home shall 25,822
maintain accounts pursuant to division (A)(27) of section 3721.13 25,823
of the Revised Code. Upon the resident's transfer, discharge, or 25,824
death, the account shall be closed and a final accounting made. 25,825
All remaining funds shall be returned to the resident or 25,826
resident's sponsor, except in the case of death, when all 25,827
remaining funds shall be transferred or used in accordance with 25,828
section 5111.112 of the Revised Code. 25,829
(B) A home that manages a resident's financial affairs 25,831
shall deposit the resident's funds in excess of one hundred 25,832
dollars, and may deposit the resident's funds that are one 25,834
hundred dollars or less, in an interest-bearing account separate 25,836
from any of the home's operating accounts. Interest earned on 25,837
the resident's funds shall be credited to the resident's account. 25,838
A resident's funds that are one hundred dollars or less and have 25,839
588
not been deposited in an interest-bearing account may be 25,841
deposited in a noninterest-bearing account or petty cash fund. 25,842
(C) Each resident whose financial affairs are managed by a 25,844
home shall be promptly notified by the home when the total of the 25,845
amount of funds in the resident's accounts and the petty cash 25,846
fund plus other nonexempt resources reaches two hundred dollars 25,848
less than the maximum amount permitted a recipient of medical 25,849
assistance under Chapter 5111. of the Revised Code. The notice 25,850
shall include an explanation of the potential effect on the 25,851
resident's eligibility for medical assistance if the amount in 25,852
the resident's accounts and the petty cash fund, plus the value
of other nonexempt resources, exceeds the maximum assets a 25,853
recipient of medical assistance may retain. 25,854
(D) Each home that manages the financial affairs of 25,856
residents shall purchase a surety bond or otherwise provide 25,857
assurance satisfactory to the director of health, or, in the case 25,858
of a home that participates in the medical assistance program 25,859
established under section 5111.01 of the Revised Code, to the 25,860
director of human JOB AND FAMILY services, to assure the security 25,861
of all residents' funds managed by the home. 25,862
Sec. 3721.19. (A) As used in this section: 25,871
(1) "Home" and "residential care facility" have the same 25,873
meanings as in section 3721.01 of the Revised Code; 25,874
(2) "Sponsor" and "residents' rights advocate" have the 25,876
same meanings as in section 3721.10 of the Revised Code. 25,877
A home licensed under this chapter that is not a party to a 25,880
provider agreement, as defined in section 5111.20 of the Revised 25,881
Code, shall provide each prospective resident, before admission, 25,882
with the following information, orally and in a separate written 25,883
notice on which is printed in a conspicuous manner: "This home 25,884
is not a participant in the medical assistance program 25,885
administered by the Ohio department of human JOB AND FAMILY 25,886
services. Consequently, you may be discharged from this home if 25,887
you are unable to pay for the services provided by this home." 25,888
589
If the prospective resident has a sponsor whose identity is 25,890
made known to the home, the home shall also inform the sponsor, 25,891
before admission of the resident, of the home's status relative 25,892
to the medical assistance program. Written acknowledgement of 25,893
the receipt of the information shall be provided by the resident 25,894
and, if the prospective resident has a sponsor who has been 25,895
identified to the home, by the sponsor. The written 25,896
acknowledgement shall be made part of the resident's record by 25,897
the home.
No home shall terminate its status as a provider under the 25,899
medical assistance program unless it has, at least ninety days 25,900
prior to such termination, provided written notice to the 25,901
department of human JOB AND FAMILY services and residents of the 25,902
home and their sponsors of such action. This requirement shall 25,903
not apply in cases where the department of human JOB AND FAMILY 25,904
services terminates a home's provider agreement or provider 25,905
status.
(B) A home licensed under this chapter as a residential 25,907
care facility shall provide notice to each prospective resident 25,908
or the individual's sponsor of the services offered by the 25,909
facility and the types of skilled nursing care that the facility 25,910
may provide. A residential care facility that, pursuant to 25,911
section 3721.012 of the Revised Code, has a policy of entering 25,912
into risk agreements with residents or their sponsors shall
provide each prospective resident or the individual's sponsor a 25,913
written explanation of the policy and the provisions that may be 25,914
contained in a risk agreement. At the time the information is 25,915
provided, the facility shall obtain a statement signed by the 25,916
individual receiving the information acknowledging that the 25,917
individual received the information. The facility shall maintain 25,919
on file the individual's signed statement.
(C) A resident has a cause of action against a home for 25,921
breach of any duty imposed by this section. The action may be 25,922
commenced by the resident, or on his THE RESIDENT'S behalf by his 25,923
590
THE RESIDENT'S sponsor or a residents' rights advocate, by the 25,925
filing of a civil action in the court of common pleas of the 25,926
county in which the home is located, or in the court of common 25,927
pleas of Franklin county.
If the court finds that a breach of any duty imposed by 25,929
this section has occurred, the court shall enjoin the home from 25,930
discharging the resident from the home until arrangements 25,931
satisfactory to the court are made for the orderly transfer of 25,932
the resident to another mode of health care including, but not 25,933
limited to, another home, and may award the resident and a person 25,934
or public agency that brings an action on behalf of a resident 25,935
reasonable attorney's fees. If a home discharges a resident to 25,936
whom or to whose sponsor information concerning its status 25,937
relative to the medical assistance program was not provided as 25,938
required under this section, the court shall grant any 25,939
appropriate relief including, but not limited to, actual damages, 25,940
reasonable attorney's fees, and costs. 25,941
Sec. 3721.51. The department of human JOB AND FAMILY 25,950
services shall:
(A) For the purpose of providing home and community-based 25,952
services to elderly and disabled persons, determine an annual 25,953
franchise permit fee on each nursing home in an amount equal to 25,954
one dollar multiplied by the product of the following: 25,955
(1) The number of beds licensed as nursing home beds, plus 25,957
any other beds certified as skilled nursing facility beds under 25,958
Title XVIII or nursing facility beds under Title XIX of the 25,959
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as 25,960
amended, on July 1, 1993, and, for each subsequent year, the 25,961
first day of May of the calendar year in which the fee is 25,962
determined pursuant to division (A) of section 3721.53 of the 25,963
Revised Code; 25,964
(2) The number of days in fiscal year 1994 and, for each 25,966
subsequent year, the number of days in the fiscal year beginning 25,967
on the first day of July of the calendar year in which the fee is 25,968
591
determined pursuant to division (A) of section 3721.53 of the 25,969
Revised Code. 25,970
(B) For the purpose of providing home and community-based 25,972
services to elderly and disabled persons, determine an annual 25,973
franchise permit fee on each hospital in an amount equal to one 25,974
dollar multiplied by the product of the following: 25,975
(1) The number of beds registered pursuant to section 25,977
3701.07 of the Revised Code as skilled nursing facility beds or 25,978
long-term care beds, plus any other beds licensed as nursing home 25,979
beds under section 3721.02 or 3721.09 of the Revised Code, on 25,980
July 1, 1993, and, for each subsequent year, the first day of May 25,981
of the calendar year in which the fee is determined pursuant to 25,982
division (A) of section 3721.53 of the Revised Code; 25,983
(2) The number of days in fiscal year 1994 and, for each 25,985
subsequent year, the number of days in the fiscal year beginning 25,986
on the first day of July of the calendar year in which the fee is 25,987
determined pursuant to division (A) of section 3721.53 of the 25,988
Revised Code. 25,989
If the United States health care financing administration 25,991
determines that the franchise permit fee established by sections 25,992
3721.50 through 3721.58 of the Revised Code would be an 25,993
impermissible health care related tax under section 1903(w) of 25,994
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 25,995
1396b(w), as amended, the department of human JOB AND FAMILY 25,996
services shall take all necessary actions to cease implementation 25,998
of those sections in accordance with rules adopted under section 25,999
3721.58 of the Revised Code. 26,000
Sec. 3721.511. (A) Not later than July 16, 1993, the 26,009
Department DEPARTMENT of Human Services JOB AND FAMILY SERVICES 26,011
shall apply for waivers by the United States health care 26,012
financing administration of the broad-based tax requirement on 26,013
health-care related taxes as permitted by 42 C.F.R. 433.72. If 26,014
waivers are received, the following shall be exempt from the 26,015
franchise permit fee established by sections 3721.50 to 3721.58 26,017
592
of the Revised Code:
(1) The widow's home of Dayton, the Ohio masonic home of 26,019
Springfield, and the holy family home of Parma; 26,020
(2) Subject to division (B) of this section, a nursing 26,022
home licensed under section 3721.02 or 3721.09 of the Revised 26,023
Code that meets all of the following requirements: 26,024
(a) It is exempt from state taxation as a home for the 26,026
aged under division (B) of section 5701.13 of the Revised Code; 26,027
(b) It is exempt from federal income taxation under 26,029
section 501 of the "Internal Revenue Code of 1986," 100 Stat. 26,030
2085, 26 U.S.C.A. 1, as amended; 26,031
(c) It provides services for the life of each resident 26,033
without regard to his THE RESIDENT'S ability to continue payments 26,035
for services;
(d) It does not have a provider agreement with the 26,037
department of human services as a nursing facility under Chapter 26,038
5111. of the Revised Code. 26,039
(B) The department may limit the number of nursing homes 26,041
exempted under division (A)(2) of this section from the franchise 26,042
permit fee to ensure that the fee is generally redistributive as 26,043
required by 42 C.F.R. 433.68(e)(1). If the department limits 26,044
exemptions under division (A)(2) of this section, the department 26,045
shall do both of the following: 26,046
(1) First, exempt nursing homes that charge residents for 26,048
services. In exempting nursing homes that charge residents for 26,049
services, the department shall exempt as many such nursing homes 26,050
as the department can and still receive an automatic approval of 26,051
the waivers by the United States health care financing 26,052
administration as provided by 42 C.F.R. 433.68(e)(1)(ii). In 26,053
determining which nursing homes to exempt under division (B)(1) 26,054
of this section, the department shall give priority to nursing 26,055
homes that provide the greatest charitable subsidization per bed. 26,056
(2) Second, exempt nursing homes that do not charge 26,058
residents for services. In exempting nursing homes that do not 26,059
593
charge residents for services, the department shall exempt as 26,060
many such nursing homes as the department can and still receive a 26,061
review of the requests for waivers by the United States health 26,062
care financing administration as provided by 42 C.F.R. 26,063
433.68(e)(1)(ii). 26,064
(C) If, after applying the exemptions under division (B) 26,066
of this section, the department can exempt any more nursing homes 26,067
that charge residents for services and still receive a review of 26,068
the requests for waivers by the United States health care 26,069
financing administration as provided by 42 C.F.R. 26,070
433.68(e)(1)(ii), the department may exempt as many more of such 26,071
nursing homes as the department can. In determining which 26,072
nursing homes to exempt under this division, the department shall 26,073
give priority to nursing homes that provide the greatest 26,074
charitable subsidization per bed. 26,075
(D) A nursing home shall provide the department with any 26,077
information needed by the department to determine the nursing 26,078
home's charitable subsidization per bed for the purposes of 26,079
divisions (B)(1) and (C) of this section. 26,080
(E) The department DIRECTOR OF JOB AND FAMILY SERVICES may 26,082
adopt rules in accordance with Chapter 119. of the Revised Code 26,084
to implement this section.
Sec. 3721.52. (A) For the purpose of the fee under 26,093
division (A) of section 3721.51 of the Revised Code, the 26,094
department of health shall, not later than August 1, 1993, and, 26,095
for each subsequent year, not later than the first day of June, 26,096
report to the department of human JOB AND FAMILY services the 26,097
number of beds in each nursing home licensed on July 1, 1993, 26,098
and, for each subsequent year, the preceding first day of May 26,099
under section 3721.02 or 3721.09 of the Revised Code or certified 26,100
on that date under Title XVIII or XIX of the "Social Security 26,101
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended. 26,102
(B) For the purpose of the fee under division (B) of 26,104
section 3721.51 of the Revised Code, the department of health 26,105
594
shall, not later than August 1, 1993, and, for each subsequent 26,106
year, not later than the first day of June, report to the 26,107
department of human JOB AND FAMILY services the number of beds in 26,108
each hospital registered on July 1, 1993, and, for each 26,109
subsequent year, the preceding first day of May pursuant to 26,110
section 3701.07 of the Revised Code as skilled nursing facility 26,111
or long-term care beds or licensed on that date under section 26,112
3721.02 or 3721.09 of the Revised Code as nursing home beds. 26,113
Sec. 3721.53. (A) Not later than the fifteenth day of 26,122
August of each year, the department of human JOB AND FAMILY 26,123
services shall determine the annual franchise permit fee for each 26,124
nursing home in accordance with division (A) of section 3721.51 26,125
of the Revised Code and the annual franchise permit fee for each 26,126
hospital in accordance with division (B) of that section. 26,127
(B) Not later than the first day of September of each 26,129
year, the department of human services shall mail to each nursing 26,130
home and hospital notice of the amount of the franchise permit 26,131
fee that has been determined for the nursing home or hospital. 26,132
(C) Each nursing home and hospital shall pay its fee under 26,134
section 3721.51 of the Revised Code to the department of human 26,135
services in quarterly installment payments not later than 26,136
forty-five days after the last day of each September, December, 26,137
March, and June. 26,138
(D) No nursing home or hospital shall directly bill its 26,140
residents for the fee paid under this section, or otherwise 26,141
directly pass the fee through to its residents. 26,142
Sec. 3721.54. If a nursing home or hospital fails to pay 26,151
the full amount of a franchise permit fee installment when due, 26,152
the department of human JOB AND FAMILY services may assess a five 26,153
per cent penalty on the amount due for each month or fraction 26,154
thereof the installment is overdue.
Sec. 3721.55. (A) A nursing home or hospital may appeal 26,163
the fee imposed under section 3721.51 of the Revised Code solely 26,164
on the grounds that the department of human JOB AND FAMILY 26,165
595
services committed a material error in determining the amount of 26,166
the fee. A request for an appeal must be received by the 26,167
department not later than fifteen days after the date the 26,168
department mails the notice of the fee and must include written 26,169
materials setting forth the basis for the appeal. 26,170
(B) If a nursing home or hospital submits a request for an 26,172
appeal within the time required under division (A) of this 26,173
section, the department of human JOB AND FAMILY services shall 26,174
hold a public hearing in Columbus not later than thirty days 26,176
after the date the department receives the request for an appeal. 26,177
The department shall, not later than ten days before the date of 26,178
the hearing, mail a notice of the date, time, and place of the 26,179
hearing to the nursing home or hospital. The department may hear 26,180
all the requested appeals in one public hearing. 26,181
(C) On the basis of the evidence presented at the hearing 26,183
or any other evidence submitted by the nursing home or hospital, 26,184
the department may adjust a fee. The department's decision is 26,185
final. 26,186
Sec. 3721.56. All payments and penalties paid by nursing 26,195
homes and hospitals under sections 3721.53 and 3721.54 of the 26,196
Revised Code shall be deposited into the "home and 26,197
community-based services for the aged fund," which is hereby 26,198
created in the state treasury. The departments of human JOB AND 26,199
FAMILY services and aging shall use the moneys in the fund to 26,201
fund the following in accordance with rules adopted under section 26,202
3721.58 of the Revised Code: 26,203
(A) The medical assistance program established under 26,205
Chapter 511. of the Revised Code; 26,206
(B) The PASSPORT program established under section 173.40 26,208
of the Revised Code; 26,209
(C) The residential state supplement program established 26,212
under section 173.35 of the Revised Code.
Sec. 3721.57. The department of human JOB AND FAMILY 26,221
services may make any investigation it considers appropriate to 26,222
596
obtain information necessary to fulfill its duties under sections 26,223
3721.50 to 3721.58 of the Revised Code. At the request of the
department, the attorney general shall aid in any such 26,224
investigations. The attorney general shall institute and 26,225
prosecute all necessary actions for the enforcement of sections 26,226
3721.50 to 3721.58 of the Revised Code, except that at the 26,227
request of the attorney general, the county prosecutor of the
county in which a nursing home or hospital that has failed to 26,228
comply with sections 3721.50 to 3721.58 of the Revised Code is 26,229
located shall institute and prosecute any necessary action 26,230
against the nursing home or hospital.
Sec. 3721.58. The department DIRECTOR of human JOB AND 26,240
FAMILY services shall adopt rules in accordance with Chapter 119. 26,241
of the Revised Code to do both of the following: 26,242
(A) Prescribe the actions the department OF JOB AND FAMILY 26,244
SERVICES will take to cease implementation of sections 3721.50 26,246
through 3721.57 of the Revised Code if the United States health 26,247
care financing administration determines that the franchise 26,248
permit fee established by those sections is an impermissible 26,249
health-care related tax under section 1903(w) of the "Social 26,250
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 1396(b)(w), as 26,251
amended;
(B) Establish the method of distributing moneys in the 26,253
home and community-based services for the aged fund created under 26,254
section 3721.56 of the Revised Code; 26,255
(C) Establish any requirements or procedures it THE 26,257
DIRECTOR considers necessary to implement sections 3721.50 to 26,259
3721.58 of the Revised Code. 26,260
Sec. 3722.04. (A)(1) The director of health shall 26,269
inspect, license, and regulate adult care facilities. Except as 26,270
otherwise provided in division (D) of this section, the director 26,271
shall issue a license to an adult care facility that meets the 26,272
requirements of section 3722.02 of the Revised Code and that the 26,273
director determines to be in substantial compliance with the 26,274
597
rules adopted by the public health council pursuant to this 26,275
chapter. The director shall consider the past record of the 26,276
owner and manager and any individuals who are principal 26,277
participants in an entity that is the owner or manager in 26,278
operating facilities providing care to adults. The director may, 26,279
in accordance with Chapter 119. of the Revised Code, deny a 26,280
license if the past record indicates that the owner or manager is 26,281
not suitable to own or manage an adult care facility. 26,282
The license shall contain the name and address of the 26,284
facility for which it was issued, the date of expiration of the 26,285
license, and the maximum number of residents that may be 26,286
accommodated by the facility. A license for an adult care 26,287
facility shall be valid for a period of two years after the date 26,288
of issuance. No single facility may be licensed to operate as 26,289
more than one adult care facility. 26,290
(2) Notwithstanding division (A)(1) of this section and 26,292
sections 3722.02 and 3722.041 of the Revised Code, the director 26,293
may issue a temporary license if the requirements of divisions 26,294
(C), (D), and (F) of section 3722.02 of the Revised Code have 26,295
been met. A temporary license shall be valid for a period of 26,296
ninety days and, except as otherwise provided in division (A)(3) 26,297
of section 3722.05 of the Revised Code, may be renewed, without 26,298
payment of an additional application fee, for an additional 26,299
ninety days. 26,300
(B) The director shall renew a license for a two-year 26,302
period if the facility continues to be in compliance with the 26,303
requirements of this chapter and in substantial compliance with 26,304
the rules adopted under this chapter. The owner shall submit a 26,305
nonrefundable license renewal application fee in an amount 26,306
established in rules adopted by the public health council 26,307
pursuant to this chapter. Before the license of an adult group 26,308
home is renewed, if any alterations have been made to the 26,309
buildings, a certificate of occupancy for the facility shall have 26,310
been issued by the division of industrial compliance in the 26,311
598
department of commerce or a local certified building department. 26,314
The facility shall have water and sewage system approvals, if 26,315
required by law, and, in the case of an adult group home, 26,316
documentation of continued compliance with the rules adopted by 26,317
the state fire marshal under division (F) of section 3737.83 of 26,318
the Revised Code.
(C) The director shall make at least one unannounced 26,320
inspection of an adult care facility during each licensure period 26,321
in addition to inspecting the facility to determine whether a 26,322
license should be issued or renewed, and may make additional 26,323
unannounced inspections as the director considers necessary. 26,324
Other inspections may be made at any time that the director 26,326
considers appropriate. The director shall take all reasonable 26,327
actions to avoid giving notice of an inspection by the manner in 26,328
which the inspection is scheduled or performed. Not later than 26,329
sixty days after the date of an inspection of a facility, the 26,330
director shall send a report of the inspection to the 26,331
ombudsperson in whose region the facility is located. The state 26,333
fire marshal or fire prevention officer of a municipal, township, 26,334
or other legally constituted fire department approved by the 26,335
state fire marshal shall inspect an adult group home seeking a 26,336
license or renewal under this chapter as an adult care facility 26,337
prior to issuance of a license or renewal, at least once annually 26,338
thereafter, and at any other time at the request of the director, 26,339
to determine compliance with the rules adopted under division (F) 26,340
of section 3737.83 of the Revised Code. 26,341
(D) The director may waive any of the licensing 26,343
requirements having to do with fire and safety requirements or 26,344
building standards established by rule adopted by the public 26,345
health council pursuant to this chapter upon written request of 26,346
the facility. The director may grant a waiver if the director 26,348
determines that the strict application of the licensing 26,349
requirement would cause undue hardship to the facility and that 26,350
granting the waiver would not jeopardize the health or safety of 26,351
599
any resident. The director may provide a facility with an 26,352
informal hearing concerning the denial of a waiver request, but 26,353
the facility shall not be entitled to a hearing under Chapter 26,354
119. of the Revised Code unless the director takes an action that 26,355
requires a hearing to be held under section 3722.05 of the 26,356
Revised Code.
(E) Not later than thirty days after the issuance or 26,358
renewal of the license, other than a temporary license, of an 26,359
adult care facility under this section, the owner shall submit an 26,360
inspection fee of ten dollars for each bed for which the facility 26,361
is licensed. The director may revoke the license of any adult 26,362
care facility that fails to submit the fee within the thirty-day 26,363
period. All inspection fees received by the director, all civil 26,364
penalties assessed under section 3722.08 of the Revised Code, all 26,365
fines imposed under section 3722.99 of the Revised Code, and all 26,366
license application and renewal application fees received under 26,367
division (F) of section 3722.02 of the Revised Code or under 26,368
division (B) of this section shall be deposited into the general 26,369
operations fund created in section 3701.83 of the Revised Code 26,370
and shall be used only to pay the costs of administering and 26,371
enforcing the requirements of this chapter and rules adopted 26,372
under it. 26,373
(F)(1) An owner shall inform the director in writing of 26,375
any changes in the information contained in the statement of 26,376
ownership made pursuant to division (C) of section 3722.02 of the 26,377
Revised Code or in the identity of the manager, not later than 26,378
ten days after the change occurs. 26,379
(2) An owner who sells or transfers an adult care facility 26,381
shall be responsible and liable for the following: 26,382
(a) Any civil penalties imposed against the facility under 26,384
section 3722.08 of the Revised Code for violations that occur 26,385
before the date of transfer of ownership or during any period in 26,386
which the seller or the seller's agent operates the facility; 26,388
(b) Any outstanding liability to the state, unless the 26,390
600
buyer or transferee has agreed, as a condition of the sale or 26,391
transfer, to accept the outstanding liabilities and to guarantee 26,392
their payment, except that if the buyer or transferee fails to 26,393
meet these obligations the seller or transferor shall remain 26,394
responsible for the outstanding liability. 26,395
(G) The director shall annually publish a list of licensed 26,397
adult care facilities, facilities whose licenses have been 26,398
revoked or not renewed, any facilities under an order suspending 26,399
admissions pursuant to section 3722.07 of the Revised Code, and 26,400
any facilities that have been assessed a civil penalty pursuant 26,401
to section 3722.08 of the Revised Code. The director shall 26,402
furnish information concerning the status of licensure of any 26,403
facility to any person upon request. The director shall annually 26,404
send a copy of the list to the department of human JOB AND FAMILY 26,405
services, to the department of mental health, and to the 26,406
department of aging.
Sec. 3722.15. (A) The following may enter an adult care 26,415
facility at any time: 26,416
(1) Employees designated by the director of health; 26,419
(2) Employees designated by the director of aging; 26,421
(3) Employees designated by the attorney general; 26,424
(4) Employees designated by a county department of human 26,427
JOB AND FAMILY services to implement sections 5101.60 to 5101.71 26,429
of the Revised Code;
(5) Persons employed pursuant to division (M) of section 26,432
173.01 of the Revised Code in the long-term care facilities 26,433
ombudsperson program;
(6) Employees of the department of mental health 26,435
designated by the director of mental health; 26,436
(7) Employees of a mental health agency, if the agency has 26,440
a client residing in the facility;
(8) Employees of a board of alcohol, drug addiction, and 26,442
mental health services, when authorized by section 340.05 of the 26,443
Revised Code or if an individual receiving mental health services 26,444
601
provided by the board pursuant to division (A)(6)(b) of section 26,446
340.03 of the Revised Code or a mental health agency under 26,447
contract with the board resides in the facility. 26,448
These employees shall be afforded access to all records of 26,452
the facility, including records pertaining to residents, and may 26,453
copy the records. Neither these employees nor the director of 26,454
health shall release, without consent, any information obtained 26,455
from the records of an adult care facility that reasonably would 26,456
tend to identify a specific resident of the facility, except as 26,457
ordered by a court of competent jurisdiction. 26,458
(B) The following persons may enter any adult care 26,460
facility during reasonable hours: 26,461
(1) A resident's sponsor; 26,463
(2) Residents' rights advocates; 26,465
(3) A resident's attorney; 26,467
(4) A minister, priest, rabbi, or other person ministering 26,469
to a resident's religious needs; 26,470
(5) A physician or other person providing health care 26,472
services to a resident; 26,473
(6) Employees authorized by county departments of human 26,475
JOB AND FAMILY services and local boards of health or health 26,477
departments to enter adult care facilities; 26,478
(7) A prospective resident and prospective resident's 26,480
sponsor. 26,481
(C) The manager of an adult care facility may require a 26,483
person seeking to enter the facility to present identification 26,484
sufficient to identify the person as an authorized person under 26,486
this section.
Sec. 3722.16. (A) No person shall: 26,495
(1) Operate an adult care facility unless the facility is 26,497
validly licensed by the director of health under section 3722.04 26,498
of the Revised Code; 26,499
(2) Admit to an adult care facility more residents than 26,501
the number authorized in the facility's license; 26,502
602
(3) Admit a resident to an adult care facility after the 26,504
director has issued an order pursuant to section 3722.07 of the 26,505
Revised Code suspending admissions to the facility. Violation of 26,506
division (A)(3) of this section is cause for revocation of the 26,507
facility's license. 26,508
(4) Interfere with any authorized inspection of an adult 26,510
care facility conducted pursuant to section 3722.02 or 3722.04 of 26,511
the Revised Code; 26,512
(5) Violate any of the provisions of this chapter or any 26,514
of the rules adopted pursuant to it. 26,515
(B) No adult care facility shall provide, or admit or 26,517
retain any resident in need of, skilled nursing care unless all 26,518
of the following are the case: 26,519
(1) The care will be provided on a part-time, intermittent 26,521
basis for not more than a total of one hundred twenty days in any 26,522
twelve-month period by one or more of the following: 26,523
(a) A home health agency certified under Title XVIII of 26,525
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, 26,526
as amended; 26,527
(b) A hospice care program licensed under Chapter 3712. of 26,529
the Revised Code; 26,530
(c) A nursing home licensed under Chapter 3721. of the 26,532
Revised Code and owned and operated by the same person and 26,533
located on the same site as the adult care facility; 26,534
(d) A mental health agency or, pursuant to division 26,536
(A)(6)(b) of section 340.03 of the Revised Code, a board of 26,537
alcohol, drug addiction, and mental health services. 26,539
(2) The staff of the home health agency, hospice care 26,541
program, nursing home, mental health agency, or board of alcohol, 26,543
drug addiction, and mental health services does not train
facility staff to provide the skilled nursing care; 26,545
(3) The individual to whom the skilled nursing care is 26,547
provided is suffering from a short-term illness; 26,548
(4) If the skilled nursing care is to be provided by the 26,550
603
nursing staff of a nursing home, all of the following are the 26,551
case: 26,552
(a) The adult care facility evaluates the individual 26,554
receiving the skilled nursing care at least once every seven days 26,555
to determine whether the individual should be transferred to a 26,557
nursing home;
(b) The adult care facility meets at all times staffing 26,559
requirements established by rules adopted under section 3722.10 26,560
of the Revised Code; 26,561
(c) The nursing home does not include the cost of 26,563
providing skilled nursing care to the adult care facility 26,564
residents in a cost report filed under section 5111.26 of the 26,565
Revised Code; 26,566
(d) The nursing home meets at all times the nursing home 26,568
licensure staffing ratios established by rules adopted under 26,569
section 3721.04 of the Revised Code; 26,570
(e) The nursing home staff providing skilled nursing care 26,572
to adult care facility residents are registered nurses or 26,573
licensed practical nurses licensed under Chapter 4723. of the 26,574
Revised Code and meet the personnel qualifications for nursing 26,575
home staff established by rules adopted under section 3721.04 of 26,576
the Revised Code; 26,577
(f) The skilled nursing care is provided in accordance 26,579
with rules established for nursing homes under section 3721.04 of 26,580
the Revised Code; 26,581
(g) The nursing home meets the skilled nursing care needs 26,583
of the adult care facility residents; 26,584
(h) Using the nursing home's nursing staff does not 26,586
prevent the nursing home or adult care facility from meeting the 26,587
needs of the nursing home and adult care facility residents in a 26,588
quality and timely manner. 26,589
Notwithstanding section 3721.01 of the Revised Code, an 26,591
adult care facility in which residents receive skilled nursing 26,592
care as described in division (B) of this section is not a 26,593
604
nursing home. No adult care facility shall provide skilled 26,594
nursing care. 26,595
(C) A home health agency or hospice care program that 26,597
provides skilled nursing care pursuant to division (B) of this 26,598
section may not be associated with the adult care facility unless 26,599
the facility is part of a home for the aged as defined in section 26,600
5701.13 of the Revised Code or the adult care facility is owned 26,601
and operated by the same person and located on the same site as a 26,602
nursing home licensed under Chapter 3721. of the Revised Code 26,603
that is associated with the home health agency or hospice care 26,604
program. In addition, the following requirements shall be met: 26,605
(1) The adult care facility shall evaluate the individual 26,607
receiving the skilled nursing care not less than once every seven 26,608
days to determine whether the individual should be transferred to 26,610
a nursing home; 26,611
(2) If the costs of providing the skilled nursing care are 26,613
included in a cost report filed pursuant to section 5111.26 of 26,614
the Revised Code by the nursing home that is part of the same 26,615
home for the aged, the home health agency or hospice care program 26,616
shall not seek reimbursement for the care under the medical 26,617
assistance program established under Chapter 5111. of the Revised 26,618
Code. 26,619
(D)(1) No person knowingly shall place or recommend 26,621
placement of any person in an adult care facility that is 26,622
operating without a license. 26,623
(2) No employee of a unit of local or state government, 26,625
board of alcohol, drug addiction, and mental health services, 26,628
mental health agency, or PASSPORT administrative agency shall 26,629
place or recommend placement of any person in an adult care 26,630
facility if the employee knows that the facility cannot meet the 26,631
needs of the potential resident. 26,632
(3) No person who has reason to believe that an adult care 26,634
facility is operating without a license shall fail to report this 26,635
information to the director of health. 26,636
605
(E) In accordance with Chapter 119. of the Revised Code, 26,638
the public health council shall adopt rules that define a 26,639
short-term illness for purposes of division (B)(3) of this 26,640
section and specify, consistent with rules pertaining to home 26,641
health care adopted by the director of human JOB AND FAMILY 26,642
services under the medical assistance program established under 26,644
Chapter 5111. of the Revised Code and Title XIX of the "Social 26,645
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, 26,647
what constitutes a part-time, intermittent basis for purposes of 26,648
division (B)(1) of this section. 26,649
Sec. 3724.12. Employees of the departments of health and 26,658
aging and persons employed pursuant to division (M) of section 26,659
173.01 of the Revised Code in the long-term care facilities 26,660
ombudsman OMBUDSPERSON program may enter a community alternative 26,661
home at any time. 26,662
Persons who may enter a community alternative home during 26,664
reasonable hours are a resident's sponsor, residents' rights 26,665
advocates, a resident's attorney, a physician or other person 26,666
providing health care services to a resident, a prospective 26,667
resident and his PROSPECTIVE RESIDENT'S sponsor, employees of 26,668
county departments of human JOB AND FAMILY services, and a 26,669
minister, priest, rabbi, or other person ministering to a
resident's religious needs. 26,670
Sec. 3727.13. The department of health is authorized to 26,679
obtain information for both of the following: 26,680
(A) Patients under Title XIX of the "Social Security Act," 26,682
49 Stat. 620 (1935), 42 U.S.C. 301, as amended, from the 26,683
department of human JOB AND FAMILY services; 26,684
(B) Patients under Title XVIII of the Social Security Act 26,686
from the United States department of health and human services. 26,687
At least thirty days prior to releasing the information 26,689
described in division (A) of this section to the department of 26,691
health, the department reporting the information shall provide 26,692
each hospital that has provided information to it with a copy of 26,693
606
the information in a form that makes it possible for the hospital 26,694
to review and verify the accuracy of the information. After 26,695
receiving comments from a hospital, the department reporting the 26,696
information shall correct any information the department agrees 26,697
is in error.
The department may receive other data reported voluntarily 26,699
by hospitals, other health care providers, third-party payers, or 26,700
other entities. 26,701
Sec. 3727.17. Each hospital shall provide a staff person 26,710
to do all of the following: 26,711
(A) Meet with each unmarried mother who gave birth in or 26,713
en route to the hospital within twenty-four hours after the birth 26,714
or before the mother is released from the hospital; 26,715
(B) Attempt to meet with the father of the unmarried 26,717
mother's child if possible; 26,718
(C) Explain to the unmarried mother and the father, if the 26,720
father is present, the benefit to the child of establishing a 26,721
parent and child relationship between the father and the child 26,722
and the various proper procedures for establishing a parent and 26,723
child relationship; 26,724
(D) Present to the unmarried mother and, if possible, the 26,726
father, the pamphlet or statement regarding the rights and 26,727
responsibilities of a natural parent prepared by the department 26,728
of human JOB AND FAMILY services pursuant to section 5101.324 of 26,729
the Revised Code;
(E) Provide the unmarried mother, and if possible the 26,731
father, all forms and statements necessary to voluntarily 26,734
establish a parent and child relationship, including the 26,735
acknowledgment of paternity form prepared by the department of 26,736
human JOB AND FAMILY services pursuant to section 5101.324 of the
Revised Code and required under section 5101.314 of the Revised 26,738
Code; 26,739
(F) Upon both the mother's and father's request, help the 26,741
mother and father complete any specific form or statement 26,742
607
necessary to establish a parent and child relationship; 26,743
(G) Present to an unmarried mother who is not a recipient 26,745
of medicaid or a participant in Ohio works first an application 26,746
for Title IV-D services; 26,747
(H) Mail the voluntary acknowledgment of paternity, no 26,750
later than ten days after it is completed, to the division of 26,752
child support in the department of human JOB AND FAMILY services.
Each hospital shall provide a notary public to notarize an 26,754
acknowledgment of paternity signed by the mother and father. If 26,756
a hospital knows or determines that a man is presumed under 26,757
section 3111.03 of the Revised Code to be the father of the child 26,758
described in this section, the hospital shall take no further 26,759
action with regard to an acknowledgment and shall not mail an 26,760
acknowledgment with respect to the child pursuant to this 26,761
section. 26,762
A hospital may contract with a person or government entity 26,765
to fulfill its responsibilities under this section and section 26,766
2301.357 of the Revised Code. Services provided by a hospital 26,768
under this section or pursuant to a contract under section 26,769
2301.357 of the Revised Code do not constitute the practice of 26,771
law. A hospital shall not be subject to criminal or civil 26,772
liability for any damage or injury alleged to result from
services provided pursuant to this section or section 2301.357 of 26,774
the Revised Code unless the hospital acted with malicious 26,776
purpose, in bad faith, or in a wanton or reckless manner. 26,777
Sec. 3729.02. The director of health, in consultation with 26,786
the health data advisory committee, shall establish within the 26,787
department of health the Ohio health care data center. The 26,788
center shall do all of the following: 26,789
(A) Facilitate the coordination of health care policies 26,791
among public agencies by improving the systems of collection and 26,792
dissemination of health care data, except for price and 26,793
price-related data, to providers, payers, consumers, and 26,794
purchasers of health care; 26,795
608
(B) Conduct research regarding health care delivery and 26,797
financing, health policy, and health care management, as 26,798
requested by the general assembly, the governor, and other state 26,799
agencies to assist in the development of health care legislation 26,800
and policies that address the issues of access, quality, and 26,801
escalating costs of health care in this state; 26,802
(C) Design a health care data management system that will 26,804
not duplicate the resources of the public and private sectors; 26,805
(D) Collect, in accordance with this chapter, financial 26,807
and nonfinancial health care data, other than price or 26,808
price-related data, concerning health care access, quality, and 26,809
costs. The departments of aging, human JOB AND FAMILY services, 26,810
insurance, mental health, and mental retardation and 26,812
developmental disabilities, and the rehabilitation services 26,813
commission shall cooperate with the center in providing data. 26,814
The center, in consultation with public agencies, shall establish 26,815
definitions of health care services, health care data elements 26,816
common to all, health care data elements unique to each, and a 26,817
mechanism for designing a health care data system that will 26,818
provide meaningful information concerning health care access, 26,819
quality, and cost in this state. The bureau of workers' 26,820
compensation may, at its discretion, participate on terms 26,821
agreeable between the bureau and the center. 26,822
(E) Establish data release policies to prevent the 26,824
violation of confidentiality requirements relating to the 26,825
dissemination of health care information; 26,826
(F) Cooperate with business coalitions and health service 26,828
agencies to ensure that its health data management information 26,829
system will provide meaningful information, other than price or 26,830
price-related data, regarding health care access, quality, and 26,831
cost to providers, payers, businesses, consumers, and state 26,832
agencies; 26,833
(G) Cooperate, with state agencies involved in the 26,835
delivery and financing of health care, in the development of a 26,836
609
plan to define the roles and responsibilities of the center with 26,837
all agencies in the establishment of an integrated health care 26,838
data base and to consult with and make recommendations to the 26,839
governor, the president of the senate, and the speaker of the 26,840
house of representatives with respect to analyses and studies on 26,841
health care costs, access, and quality; 26,842
(H) Work with public and private health data management 26,844
organizations to maximize efficiency and avoid unnecessary effort 26,845
in collection and dissemination of health information; 26,846
(I) Submit an annual report of its operations, programs, 26,848
and activities to the speaker of the house of representatives, 26,849
the president of the senate, the governor, other state agencies 26,850
involved in the delivery of health care, and, upon request, the 26,851
private sector. 26,852
Sec. 3729.11. Not later than a date specified by the 26,861
director of health, the Ohio health care data center shall make 26,863
its first submission of a report containing the medicare and 26,864
medical assistance program information specified in this section
to the governor, the speaker of the house of representatives, the 26,865
president of the senate, the chairpersons of the standing 26,866
committees of the house of representatives and the senate that 26,867
have primary responsibility for the consideration of health or 26,868
human FAMILY services legislation, and the joint legislative 26,870
committee on health care oversight. Each year thereafter, the 26,871
data center shall submit the report not later than the 26,872
thirty-first day of December. The report shall include an 26,873
analysis of the information collected under section 3729.43 of 26,874
the Revised Code, if the center receives permission from the
United States health care financing administration to collect the 26,875
information, and an analysis of the information submitted to the 26,876
center by the department of human JOB AND FAMILY services under 26,877
section 3729.26 of the Revised Code. 26,878
Sec. 3729.14. (A) Except as provided in division (B) of 26,888
this section, no person or government entity shall fail to submit
610
to the Ohio health care data center, in the form and manner and 26,889
within the time limits prescribed by the director of health, 26,890
data, other than price or price-related data, required to be 26,891
reported under sections 3729.15 to 3729.40 of the Revised Code. 26,892
Any request involving quality data shall be in accordance with 26,893
section 3729.36 of the Revised Code.
(B) The department of human JOB AND FAMILY services shall 26,895
be deemed to have complied with the data submission requirement 26,896
of division (A) of this section by submitting to the center data 26,897
in electronic format, including all of the following: 26,898
(1) All data elements from the paid claims history of the 26,901
medical assistance program and the disability assistance medical 26,902
assistance program;
(2) All related data elements from the recipient master, 26,904
provider, procedure, drug, and diagnosis files of the medical 26,905
assistance program and the disability assistance medical 26,906
assistance program;
(3) Income-specific data in the extract files for the 26,908
medical assistance program and the disability assistance medical 26,909
assistance program contained in the client registry information 26,910
system-enhanced file;
(4) The files known as "mapper" files containing the 26,912
previous calendar year cost report data that have undergone a 26,913
desk review in accordance with section 5111.27 of the Revised 26,914
Code and the rate-setting data based on the previous calendar 26,915
year;
(5) Minimum data set plus and individual assessment form 26,917
files; 26,918
(6) Hospital cost report data files; 26,920
(7) Any other data components required by the center as 26,922
determined in consultation with the health data advisory 26,923
committee. 26,924
The department shall make its first submission of the data, 26,926
except for the data required by divisions (B)(4) and (5) of this 26,927
611
section, not later than a date specified by the director of 26,928
health. Each year thereafter, the department shall submit the 26,929
data not later than the fourteenth day of each January. The 26,930
department shall submit the data required by divisions (B)(4) and 26,931
(5) of this section not later than the first day of each
September.
Sec. 3729.18. (A) The department of human JOB AND FAMILY 26,941
services is not required to use the system required by section 26,942
3729.15 or the forms listed in section 3729.16 of the Revised 26,943
Code to reimburse nursing facilities and intermediate care 26,944
facilities for the mentally retarded for care rendered to 26,945
recipients of the medical assistance program. The department, 26,946
however, shall provide the Ohio health care data center, in the 26,947
form and manner prescribed by the director of health except as 26,948
provided by division (B) of this section, with copies of all of 26,949
the following: 26,950
(1) Each cost report for the previous calendar year 26,953
submitted by each nursing facility and intermediate care facility 26,954
for the mentally retarded;
(2) Each completed audit under section 5111.27 of the 26,956
Revised Code;
(3) Each resident assessment instrument completed for each 26,959
facility during the previous calendar year; 26,960
(4) A summary of facilities' claims for reimbursement for 26,962
the previous quarter. 26,963
(B) The department shall make its first submission to the 26,965
center of copies of the cost reports required by division (A)(1) 26,966
of this section not later than a date specified by the director 26,967
of health. Each year thereafter, the department shall submit the 26,968
copies not later than the thirtieth day of November. Information 26,969
on the cost reports that the department does not record in an 26,970
electronic format may be provided to the center in a 26,971
nonelectronic format.
The department shall provide the center with the summaries 26,973
612
of reimbursement claims required by division (A)(4) of this 26,974
section on a quarterly basis. 26,975
Sec. 3729.21. (A) As used in this section and in sections 26,985
3729.22 and 3729.23 of the Revised Code: 26,986
(1) "Nursing facility" and "intermediate care facility for 26,988
the mentally retarded" have the same meanings as in section 26,989
5111.20 of the Revised Code. 26,990
(2) "Recipient" means a person who receives medical 26,992
assistance under the medical assistance program. 26,993
(B) Not later than a date specified by the director of 26,995
health, the Ohio health care data center shall make its first 26,997
submission of a report to the joint legislative committee on 26,998
health care oversight that provides all the information specified 27,000
in divisions (C), (D), (E), (F), (G), and (H) of this section 27,001
about the utilization of nursing facilities and intermediate care 27,002
facilities for the mentally retarded during the previous calendar 27,003
year. Each year thereafter, the data center shall submit a 27,004
report not later than the first day of September. The report 27,005
shall be in the form of six charts and shall include any needed 27,006
explanations.
(1) If a chart must provide information for each age 27,008
group, the director of health shall arrange the chart in a manner 27,009
that provides the information for each of the following age 27,010
groups:
(a) Under age twenty-two; 27,012
(b) Age twenty-two to sixty-four; 27,014
(c) Age sixty-five to eighty-five; 27,016
(d) Age eighty-six or over. 27,018
(2) If the chart must provide information for each 27,020
category of service, the director shall arrange the chart in a 27,021
manner that provides the information for each of the following 27,022
categories of service: 27,023
(a) Services in an intermediate care facility for the 27,025
mentally retarded; 27,026
613
(b) Nursing facility services for persons older than age 27,028
sixty-four who do not have mental illness or a disability not 27,029
related to age; 27,030
(c) Nursing facility services for persons with mental 27,032
illness; 27,033
(d) Nursing facility services for disabled persons whose 27,035
disability is not related to advanced age; 27,036
(e) Nursing facility services for other persons. 27,038
(3) If a chart must provide information for each age group 27,040
and category of service and the age groups listed in division 27,041
(B)(1) of this section conflict with a category of service listed 27,042
in division (B)(2) of this section, the director may develop a 27,043
different list of age groups that matches the category of 27,044
service. 27,045
(C) The first chart included in the report under division 27,047
(B) of this section shall provide information that answers all of 27,048
the following questions for each age group: 27,049
(1) How many recipients resided in a nursing facility or 27,051
intermediate care facility for the mentally retarded? 27,052
(2) What was the total number of bed days for recipients 27,054
in such facilities? 27,055
(3) What was the average number of bed days for recipients 27,057
in such facilities? 27,058
(4) What was the total amount spent under the medical 27,060
assistance program to reimburse such facilities for services to 27,061
recipients? 27,062
(5) What was the average amount spent under the medical 27,064
assistance program to reimburse such facilities for services to 27,065
recipients? 27,066
(6) What was the average per diem rate the department of 27,068
human JOB AND FAMILY services reimbursed such facilities under 27,069
the medical assistance program for services to recipients? 27,070
(7) What percentage of the total amount spent under the 27,072
medical assistance program to reimburse such facilities for 27,073
614
services to recipients was spent on each age group of recipients? 27,074
(D) The second chart included in the report under division 27,076
(B) of this section shall provide information that answers all of 27,077
the following questions for each age group and category of 27,078
service: 27,079
(1) How many recipients resided in a nursing facility or 27,081
intermediate care facility for the mentally retarded? 27,082
(2) What was the total number of bed days for recipients 27,084
in such facilities? 27,085
(3) What was the average number of bed days for recipients 27,087
in such facilities? 27,088
(4) What was the total amount spent under the medical 27,090
assistance program to reimburse such facilities for services to 27,091
recipients? 27,092
(5) What was the average amount spent under the medical 27,094
assistance program to reimburse such facilities for services to 27,095
recipients? 27,096
(6) What was the average per diem rate the department of 27,098
human JOB AND FAMILY services reimbursed such facilities under 27,099
the medical assistance program for services to recipients? 27,100
(7) What percentage of the total amount spent under the 27,102
medical assistance program to reimburse such facilities for 27,103
services to recipients was spent on each age group of recipients 27,104
and category of service? 27,105
(E) The third chart included in the report under division 27,107
(B) of this section shall provide information that answers all of 27,108
the following questions for each age group: 27,109
(1) How many recipients resided in a nursing facility or 27,111
intermediate care facility for the mentally retarded for the 27,112
first time the previous calendar year? 27,113
(2) What was the total number of bed days for recipients 27,115
who resided in such a facility for the first time the previous 27,116
calendar year? 27,117
(3) What was the average number of bed days for recipients 27,119
615
who resided in such a facility for the first time the previous 27,120
calendar year? 27,121
(4) What was the total amount spent under the medical 27,123
assistance program to reimburse such facilities for services to 27,124
recipients who resided in a facility for the first time the 27,125
previous calendar year? 27,126
(5) What was the average amount spent under the medical 27,128
assistance program to reimburse such facilities for services to 27,129
recipients who resided in a facility for the first time the 27,130
previous calendar year? 27,131
(6) What was the average per diem rate the department of 27,133
human JOB AND FAMILY services reimbursed such facilities under 27,134
the medical assistance program for services to recipients who 27,135
resided in a facility for the first time the previous calendar 27,136
year?
(7) What percentage of the total amount spent under the 27,138
medical assistance program to reimburse such facilities for 27,139
services to recipients who resided in a facility for the first 27,140
time the previous year was spent on each age group of recipients? 27,141
(F) The fourth chart included in the report under division 27,143
(B) of this section shall provide information that answers all of 27,144
the following questions for each age group and category of 27,145
service: 27,146
(1) How many recipients resided in a nursing facility or 27,148
intermediate care facility for the first time the previous 27,149
calendar year? 27,150
(2) What was the total number of bed days for recipients 27,152
who resided in such a facility for the first time the previous 27,153
calendar year? 27,154
(3) What was the average number of bed days for recipients 27,156
who resided in such a facility for the first time the previous 27,157
calendar year? 27,158
(4) What was the total amount spent under the medical 27,160
assistance program to reimburse such facilities for services to 27,161
616
recipients who resided in a facility for the first time the 27,162
previous calendar year? 27,163
(5) What was the average amount spent under the medical 27,165
assistance program to reimburse such facilities for services to 27,166
recipients who resided in a facility for the first time the 27,167
previous calendar year? 27,168
(6) What was the average per diem rate the department of 27,170
human JOB AND FAMILY services reimbursed such facilities under 27,171
the medical assistance program for services to recipients who 27,172
resided in a facility for the first time the previous calendar 27,173
year?
(7) What percentage of the total amount spent under the 27,175
medical assistance program to reimburse such facilities for 27,176
services to recipients who resided in a facility for the first 27,177
time the previous year was spent on each age group of recipients 27,178
and category of service? 27,179
(G) The fifth chart included in the report under division 27,181
(B) of this section shall provide information that answers all of 27,182
the following questions for each age group: 27,183
(1) What was the average length of stay in a nursing 27,185
facility or intermediate care facility for the mentally retarded? 27,186
(2) How many recipients resided in such a facility for the 27,188
following periods of time: 27,189
(a) Less than three months? 27,191
(b) Three months to one year? 27,193
(c) One year to two years? 27,195
(d) Two years to two and one-half years? 27,197
(e) Two and one-half years to three years? 27,199
(f) Three years to four years? 27,201
(g) Four years to five years? 27,203
(h) Five years to ten years? 27,205
(i) More than ten years? 27,207
(3) What percentage of all recipients resided in such a 27,209
facility for the following periods of time: 27,210
617
(a) Less than three months? 27,212
(b) Three months to one year? 27,214
(c) One year to two years? 27,216
(d) Two years to two and one-half years? 27,218
(e) Two and one-half years to three years? 27,220
(f) Three years to four years? 27,222
(g) Four years to five years? 27,224
(h) Five years to ten years? 27,226
(i) More than ten years? 27,228
(4) What was the total amount spent under the medical 27,230
assistance program to reimburse such facilities for services to 27,231
recipients who resided in a facility for the following periods of 27,232
time: 27,233
(a) Less than three months? 27,235
(b) Three months to one year? 27,237
(c) One year to two years? 27,239
(d) Two years to two and one-half years? 27,241
(e) Two and one-half years to three years? 27,243
(f) Three years to four years? 27,245
(g) Four years to five years? 27,247
(h) Five years to ten years? 27,249
(i) More than ten years? 27,251
(5) What was the average amount spent under the medical 27,253
assistance program to reimburse such facilities for services to 27,254
recipients who resided in a facility for the following periods of 27,255
time: 27,256
(a) Less than three months? 27,258
(b) Three months to one year? 27,260
(c) One year to two years? 27,262
(d) Two years to two and one-half years? 27,264
(e) Two and one-half years to three years? 27,266
(f) Three years to four years? 27,268
(g) Four years to five years? 27,270
(h) Five years to ten years? 27,272
618
(i) More than ten years? 27,274
(6) What percentage of the total amount spent under the 27,276
medical assistance program to reimburse such facilities for 27,277
services to recipients was spent for recipients who resided in a 27,278
facility for the following periods of time: 27,279
(a) Less than three months? 27,281
(b) Three months to one year? 27,283
(c) One year to two years? 27,285
(d) Two years to two and one-half years? 27,287
(e) Two and one-half years to three years? 27,289
(f) Three years to four years? 27,291
(g) Four years to five years? 27,293
(h) Five years to ten years? 27,295
(i) More than ten years? 27,297
(H) The sixth chart included in the report under division 27,299
(B) of this section shall provide information that answers all of 27,300
the following questions for each age group and category of 27,301
service: 27,302
(1) What was the average length of stay in a nursing 27,304
facility or intermediate care facility for the mentally retarded? 27,305
(2) How many recipients resided in such a facility for the 27,307
following periods of time: 27,308
(a) Less than three months? 27,310
(b) Three months to one year? 27,312
(c) One year to two years? 27,314
(d) Two years to two and one-half years? 27,316
(e) Two and one-half years to three years? 27,318
(f) Three years to four years? 27,320
(g) Four years to five years? 27,322
(h) Five years to ten years? 27,324
(i) More than ten years? 27,326
(3) What percentage of all recipients resided in such a 27,328
facility for the following periods of time: 27,329
(a) Less than three months? 27,331
619
(b) Three months to one year? 27,333
(c) One year to two years? 27,335
(d) Two years to two and one-half years? 27,337
(e) Two and one-half years to three years? 27,339
(f) Three years to four years? 27,341
(g) Four years to five years? 27,343
(h) Five years to ten years? 27,345
(i) More than ten years? 27,347
(4) What was the total amount spent under the medical 27,349
assistance program to reimburse such facilities for services to 27,350
recipients who resided in such a facility for the following 27,351
periods of time: 27,352
(a) Less than three months? 27,354
(b) Three months to one year? 27,356
(c) One year to two years? 27,358
(d) Two years to two and one-half years? 27,360
(e) Two and one-half years to three years? 27,362
(f) Three years to four years? 27,364
(g) Four years to five years? 27,366
(h) Five years to ten years? 27,368
(i) More than ten years? 27,370
(5) What was the average amount spent under the medical 27,372
assistance program to reimburse such facilities for services to 27,373
recipients who resided in such a facility for the following 27,374
periods of time: 27,375
(a) Less than three months? 27,377
(b) Three months to one year? 27,379
(c) One year to two years? 27,381
(d) Two years to two and one-half years? 27,383
(e) Two and one-half years to three years? 27,385
(f) Three years to four years? 27,387
(g) Four years to five years? 27,389
(h) Five years to ten years? 27,391
(i) More than ten years? 27,393
620
(6) What percentage of the total amount spent under the 27,395
medical assistance program to reimburse such facilities for 27,396
services to recipients was spent for recipients who resided in 27,397
such a facility for the following periods of time: 27,398
(a) Less than three months? 27,400
(b) Three months to one year? 27,402
(c) One year to two years? 27,404
(d) Two years to two and one-half years? 27,406
(e) Two and one-half years to three years? 27,408
(f) Three years to four years? 27,410
(g) Four years to five years? 27,412
(h) Five years to ten years? 27,414
(i) More than ten years? 27,416
Sec. 3729.24. The departments of human JOB AND FAMILY 27,425
services, aging, mental health, and mental retardation and 27,426
developmental disabilities, and any other state or local 27,427
governmental entity requested by the director of health, shall 27,428
report to the Ohio health care data center, in the form and 27,429
manner prescribed by the director as determined in consultation 27,430
with the health data advisory commission, any information 27,431
requested by the director as necessary to complete the reports 27,432
required by sections 3729.21 to 3729.23 of the Revised Code. No 27,433
agency reporting information under this section shall require a 27,434
health care provider to report information that is already 27,435
reported to that agency or another state or local governmental 27,436
agency. Any information necessary to satisfy the requirement of 27,437
this section that is not already collected by the agency shall be 27,438
collected by the center.
Sec. 3729.26. Not later than a date specified by the 27,447
director of health, the department of human JOB AND FAMILY 27,448
services shall submit to the Ohio health care data center its 27,450
first report containing the medical assistance program
information specified in this section. Each year thereafter, the 27,451
department shall submit a report not later than this first day of 27,452
621
April. The report shall contain all of the following information 27,453
for the previous fiscal year about the medical assistance 27,454
program:
(A) The total number of recipients and the number of the 27,456
recipients who received medical services, each group categorized 27,457
by age, sex, and race;
(B) The number of births, the outcomes of births, and the 27,460
cost of the births; 27,461
(C) Any information specified by the director of health 27,464
concerning medical assistance recipients with mental illness, 27,465
mental retardation, a developmental disability, or alcohol or 27,466
drug abuse problems; 27,467
(D) The number of claims processed, categorized by the 27,470
type of health care provider; 27,471
(E) The number of medical providers who participated in 27,474
the program; 27,475
(F) The average length of time recipients stayed in a 27,478
hospital; 27,479
(G) The average number of times recipients visited a 27,482
physician;
(H) The number of times recipients received emergency 27,485
facility services and the number of times these services were
primary care; 27,486
(I) The number of prescriptions issued to recipients; 27,488
(J) The twenty-five health problems of recipients 27,490
diagnosed most frequently and the twenty-five medical procedures 27,491
recipients underwent most frequently; 27,492
(K) The amount spent to reimburse each type of provider 27,495
for services to recipients and the percentage of money spent to 27,496
reimburse each type of provider, each compared to the two fiscal 27,497
years preceding the fiscal year for which the report is prepared; 27,498
(L) The cost of administering the medical assistance 27,501
program and the percentage of money spent for claim payment 27,502
management, quality assurance, utilization review, and 27,503
622
coordination of benefits, each compared to the two fiscal years 27,504
preceding the fiscal year the report covers; 27,505
(M) The estimated cost under the program for 27,507
administration and reimbursements to each type of provider for 27,508
health services to recipients for the fiscal year commencing on 27,509
the next July first; 27,510
(N) The quality assurance cost savings of primary care 27,513
case managed programs under the program in comparison with other 27,514
managed care programs; 27,515
(O) The number of visits under the early and periodic 27,518
screening, diagnosis, and treatment program; 27,519
(P) A status report on all medical assistance 27,522
demonstration programs; 27,523
(Q) Estimated savings due to compliance with federal 27,526
requirements governing the utilization of prescriptions. 27,527
Sec. 3729.61. There is hereby created the health data 27,536
advisory committee, consisting of the directors of administrative 27,537
services, aging, alcohol and drug addiction services, budget and 27,538
management, health, human JOB AND FAMILY services, mental health, 27,540
mental retardation and developmental disabilities, rehabilitation 27,541
and corrections, and youth services, the superintendent of 27,542
insurance, and the administrator of workers' compensation. The 27,543
committee also shall include the representatives of public health 27,544
care programs who were serving on its technical advisory 27,545
committee immediately prior to the effective date of this 27,546
amendment. The members of the health data advisory committee
shall fill any vacancy occurring among these representatives with 27,547
another representative of a public health care program. 27,548
The committee shall advise the Ohio health care data center 27,550
in the performance of its duties. 27,551
Not later than a date specified by the director of health, 27,554
the health data advisory committee shall develop a plan to link 27,556
the Ohio health care data center and all state agencies
administering public health care programs into an electronic data 27,557
623
collection and transfer system that complies with section 3729.15 27,558
of the Revised Code and is compatible with private sector data 27,559
collection and health claims transaction systems. The plan shall 27,560
include a report on the feasibility of including state agencies 27,561
other than those administering public health care programs in the 27,562
system. The plan shall recommend the form and manner for health 27,563
care providers, third-party payers, and the agencies to submit 27,564
data to the data center. The plan also shall recommend potential 27,565
funding sources for the data center. The advisory committee 27,566
shall submit a copy of the plan to the governor, president of the 27,567
senate, and speaker of the house of representatives. 27,568
Sec. 3733.49. (A) There is hereby established in UNDER 27,577
THE AUTHORITY OF the bureau DIRECTOR of employment JOB AND FAMILY 27,579
services the office of the migrant agricultural ombudsman 27,581
OMBUDSPERSON. The administrator of the bureau DIRECTOR shall 27,583
appoint the ombudsman OMBUDSPERSON. No person shall serve as 27,584
ombudsman OMBUDSPERSON who has a fiduciary or pecuniary interest 27,586
in an agricultural labor camp. The ombudsman OMBUDSPERSON shall 27,587
have recognized ability and experience in migrant labor issues 27,589
and shall speak both English and Spanish fluently. The ombudsman 27,590
OMBUDSPERSON shall be a member of the classified civil service 27,592
and shall be subject to an annual job evaluation by the 27,593
administrator DIRECTOR. The ombudsman's OMBUDSPERSON'S salary 27,594
shall be established in a pay range fixed by the administrator 27,596
DIRECTOR.
(B) The migrant agricultural ombudsman OMBUDSPERSON shall: 27,598
(1) Collect and compile available data, statistics, and 27,600
information concerning migrant agricultural laborers and 27,601
agricultural labor camps published by any agency of this state, 27,602
any agency of the federal government, and private organizations, 27,603
including, but not limited to, churches and Hispanic 27,604
organizations. These data, statistics, and information are 27,605
public records as defined in section 149.43 of the Revised Code. 27,606
(2) Coordinate the collection, analysis, and dissemination 27,608
624
of information about the supply and quality of housing for 27,609
migrant agricultural laborers in both licensed and unlicensed 27,610
camps; 27,611
(3) Familiarize himself BECOME FAMILIAR with state and 27,613
federal laws and rules concerning migrant agricultural laborers 27,615
and agricultural labor camps and especially with state and 27,616
federal programs for which migrant agricultural laborers might 27,617
qualify;
(4) Establish a toll-free telephone number that: 27,619
(a) Camp owners and farmers who employ migrant 27,621
agricultural laborers may use to seek clarification of laws and 27,622
rules applicable to camps and for registering complaints; and 27,623
(b) Migrant agricultural laborers may use for the purpose 27,625
of obtaining information described in divisions (B)(1) and (2) of 27,626
this section and for registering complaints. 27,627
(5) Refer problems, complaints, or questions brought to 27,629
his THE OMBUDSPERSON'S attention to the appropriate state or 27,630
federal agency or the attorney general; 27,632
(6) Serve as an advocate for migrant agricultural laborers 27,634
in social service matters; 27,635
(7) Submit an annual report to the president of the 27,637
senate, the speaker of the house of representatives, and the 27,638
members of the minority leadership of the senate and house of 27,639
representatives on or before the thirtieth day of June of each 27,640
year describing migrant agricultural labor conditions found by 27,641
his THE OMBUDSPERSON'S office, along with an assessment of the 27,642
effect of existing law on migrant agricultural labor and labor 27,644
camps and any recommendations for change. The report shall 27,645
contain a compilation of the kinds of complaints received and 27,646
recommendations for any changes in the laws or rules that the 27,647
ombudsman OMBUDSPERSON considers necessary or desirable. 27,648
(8) Develop and recommend to the general assembly 27,650
definitions of "migrant agricultural laborer" and "migrant 27,651
farmworker child" to be used consistently by all state agencies, 27,652
625
including, but not limited to, boards, departments, divisions, 27,653
commissions, bureaus, societies, councils, and institutions; and 27,654
(9) Conduct a peak-period census of migrant agricultural 27,656
laborers in this state, by county, so that the ombudsman 27,657
OMBUDSPERSON can properly assess the need for housing for those 27,659
laborers. The department of health shall assist the ombudsman 27,660
OMBUDSPERSON by providing information on the peak occupancy of 27,662
agricultural labor camps and other additional information 27,663
obtained through inspections of agricultural labor camps. 27,664
Sec. 3737.22. (A) The fire marshal shall do all of the 27,673
following: 27,674
(1) Adopt the state fire code under sections 3737.82 to 27,676
3737.86 of the Revised Code; 27,677
(2) Enforce the state fire code; 27,679
(3) Appoint assistant fire marshals who are authorized to 27,681
enforce the state fire code; 27,682
(4) Conduct investigations into the cause, origin, and 27,684
circumstances of fires and explosions, and prosecute persons 27,685
believed to be guilty of arson or a similar crime; 27,686
(5) Compile statistics concerning loss due to fire and 27,688
explosion as the fire marshal considers necessary, and consider 27,690
the compatibility of the fire marshal's system of compilation 27,691
with the systems of other state and federal agencies and fire 27,693
marshals of other states; 27,694
(6) Engage in research on the cause and prevention of 27,696
losses due to fire and explosion; 27,697
(7) Engage in public education and informational 27,699
activities which will inform the public of fire safety 27,700
information; 27,701
(8) Operate a fire training academy and arson crime 27,703
laboratory; 27,704
(9) Conduct such other fire safety and fire fighting 27,706
training activities for the public and groups as will further the 27,707
cause of fire safety; 27,708
626
(10) Issue permits, licenses, and certificates as 27,710
authorized by the Revised Code; 27,711
(11) Conduct tests of fire protection systems and devices, 27,713
and fire fighting equipment to determine compliance with the 27,714
state fire code, unless a building is insured against the hazard 27,715
of fire, in which case such tests may be performed by the company 27,716
insuring the building; 27,717
(12) Establish and collect fees for permits, licenses, and 27,719
certificates; 27,720
(13) Make available for the prosecuting attorney and an 27,722
assistant prosecuting attorney from each county of this state, in 27,723
accordance with section 3737.331 of the Revised Code, a seminar 27,724
program, attendance at which is optional, that is designed to 27,725
provide current information, data, training, and techniques 27,726
relative to the prosecution of arson cases; 27,727
(14) Administer and enforce Chapter 3743. of the Revised 27,729
Code; 27,730
(15) Develop a form for the written report required to be 27,732
filed under division (E)(4) of section 2921.22 of the Revised 27,733
Code, and accept such reports when they are filed. 27,734
(B) The fire marshal shall appoint a chief deputy, and 27,736
shall employ professional and clerical assistance as the fire 27,737
marshal considers necessary. The chief deputy shall be a 27,739
competent former or current member of a fire agency and possess 27,740
five years of recent, progressively more responsible experience 27,741
in fire inspection and fire code management. All employees, 27,742
other than the fire marshal, the chief deputy, the superintendent 27,743
of the Ohio fire academy, the grants administrator, the fiscal 27,744
officer, the executive secretary to the state fire marshal, and 27,745
the chiefs of the bureau of fire prevention, the arson bureau, 27,746
the arson crime laboratory, and the bureau of underground storage 27,747
tanks, shall be in the classified civil service. The fire 27,749
marshal shall authorize the chief deputy and other employees 27,750
under the fire marshal's supervision to exercise powers granted 27,752
627
to the fire marshal by law as may be necessary to carry out the 27,753
duties of the fire marshal's office. 27,754
(C) The fire marshal shall create, in and as a part of the 27,756
office of fire marshal, an arson bureau consisting of a chief of 27,757
the bureau, and such additional assistant fire marshals as the 27,758
fire marshal determines necessary for the efficient 27,759
administration of the bureau. The chief shall be experienced in 27,760
the investigation of the cause, origin, and circumstances of 27,761
fires, and in administration, including the supervision of 27,762
subordinates. The chief, among other duties delegated to the 27,763
chief by the fire marshal, shall be responsible, under the 27,765
direction of the fire marshal, for the investigation of the 27,766
cause, origin, and circumstances of each fire, and for the 27,767
prosecution of persons believed to be guilty of arson or a 27,768
similar crime.
(D) At the fire marshal's discretion, the fire marshal, or 27,770
the chief deputy under the direction of the fire marshal, may 27,773
cause the inspection to be conducted of all buildings, 27,775
structures, and other places, the condition of which may be 27,777
dangerous from a fire safety standpoint to life or property, or 27,778
to property adjacent thereto.
(E) The fire marshal shall create, as a part of the office 27,780
of fire marshal, a bureau of fire prevention consisting of a 27,781
chief of the bureau, and such additional assistant fire marshals 27,782
as the fire marshal determines necessary for the efficient 27,783
administration of the bureau. The chief shall be qualified, by 27,784
education or experience, to promote programs for rural and urban 27,785
fire prevention and protection. The chief, among other duties 27,786
delegated to the chief by the fire marshal, is responsible, under 27,788
the direction of the fire marshal, for the promotion of rural and 27,789
urban fire prevention and protection through public information 27,790
and education programs. 27,791
(F) The fire marshal shall cooperate with the director of 27,793
human JOB AND FAMILY services when the director promulgates rules 27,794
628
pursuant to section 5104.052 of the Revised Code regarding fire 27,795
prevention and fire safety in certified type B family day-care 27,796
homes, as defined in section 5104.01 of the Revised Code, 27,797
recommend procedures for inspecting type B homes to determine 27,798
whether they are in compliance with those rules, and provide 27,799
training and technical assistance to the director and county 27,800
directors of human JOB AND FAMILY services on the procedures for 27,801
determining compliance with those rules. 27,803
(G) The fire marshal, upon request of a provider of child 27,805
day-care in a type B home that is not certified by the county 27,806
director of human JOB AND FAMILY services, as a precondition of 27,807
approval by the state board of education pursuant to section 27,809
3313.813 of the Revised Code for receipt of United States 27,810
department of agriculture child and adult care food program funds 27,811
established under the "National School Lunch Act," 60 Stat. 230 27,813
(1946), 42 U.S.C. 1751, as amended, shall inspect the type B home 27,814
to determine compliance with rules promulgated pursuant to 27,815
section 5104.052 of the Revised Code regarding fire prevention 27,816
and fire safety in certified type B homes. In municipal 27,817
corporations and in townships where there is a certified fire 27,818
safety inspector, the inspections shall be made by that inspector 27,819
under the supervision of the fire marshal, according to rules 27,820
promulgated pursuant to section 5104.052 of the Revised Code. In 27,821
townships outside municipal corporations where there is no 27,822
certified fire safety inspector, inspections shall be made by the 27,823
fire marshal.
Sec. 3737.65. (A) No person shall sell, offer for sale, 27,832
or use any fire protection or fire fighting equipment that does 27,833
not meet the minimum standards established by the fire marshal in 27,834
the state fire code. 27,835
(B) Except for public and private mobile fire trucks, no 27,837
person shall service, test, repair, or install for profit any 27,838
fire protection or fire fighting equipment without a certificate 27,839
or a provisional certificate issued by the fire marshal. 27,840
629
(C) The fire marshal shall not issue a provisional 27,842
certificate pursuant to division (B) of this section to any 27,843
individual who is not enrolled in a bona fide apprenticeship 27,844
training program registered with the apprenticeship council 27,845
pursuant to section 4111.29 4139.05 of the Revised Code or with 27,847
the bureau of apprenticeship and training of the United States 27,848
department of labor. A provisional certificate issued pursuant 27,849
to this section authorizes an individual to engage in the 27,850
activities permitted under division (B) of this section only if 27,851
the individual: 27,852
(1) Remains enrolled in such an apprenticeship training 27,854
program; and 27,855
(2) Is directly supervised by an individual who possesses 27,857
a valid and current certificate issued pursuant to division (B) 27,858
of this section for the activities in which the individual issued 27,859
the provisional certificate is engaged and the certified 27,860
individual directly supervising the individual issued the 27,861
provisional certificate only supervises one provisional 27,862
certificate holder. 27,863
Sec. 3750.02. (A) There is hereby created the emergency 27,872
response commission consisting of the directors of environmental 27,873
protection and health, the chairpersons of the public utilities 27,875
commission, industrial commission, and state and local government 27,877
commission, the fire marshal, the director of public safety, the 27,878
administrator DIRECTOR of the bureau of employment JOB AND FAMILY 27,879
services, and the attorney general as members ex officio, or 27,881
their designees; notwithstanding section 101.26 of the Revised
Code, the chairpersons of the respective standing committees of 27,883
the senate and house of representatives that are primarily 27,884
responsible for considering environmental issues who may 27,885
participate fully in all the commission's deliberations and 27,886
activities, except that they shall serve as nonvoting members; 27,887
and ten members to be appointed by the governor with the advice 27,888
and consent of the senate. The appointed members, to the extent 27,889
630
practicable, shall have technical expertise in the field of 27,890
emergency response. Of the appointed members, two shall 27,891
represent environmental advocacy organizations, one shall 27,892
represent the interests of petroleum refiners or marketers or 27,893
chemical manufacturers, one shall represent the interests of 27,894
another industry subject to this chapter, one shall represent the 27,895
interests of municipal corporations, one shall represent the 27,896
interests of counties, one shall represent the interests of 27,897
chiefs of fire departments, one shall represent the interests of 27,898
professional firefighters, one shall represent the interests of 27,900
volunteer firefighters, and one shall represent the interests of 27,902
local emergency management agencies. 27,903
An appointed member of the commission also may serve as a 27,906
member of the local emergency planning committee of an emergency 27,907
planning district. An appointed member of the commission who is 27,908
also a member of a local emergency planning committee shall not 27,909
participate as a member of the commission in the appointment of 27,910
members of the local emergency planning committee of which the 27,911
member is a member, in the review of the chemical emergency 27,913
response and preparedness plan submitted by the local emergency 27,914
planning committee of which the member is a member, in any vote 27,915
to approve a grant to the member's district, or in any vote of 27,917
the commission on any motion or resolution pertaining 27,919
specifically to the member's district or the local emergency 27,921
planning committee on which the member serves. A commission 27,923
member who is also a member of a local emergency planning 27,924
committee shall not lobby or otherwise act as an advocate for the 27,925
member's district to other members of the commission to obtain 27,927
from the commission anything of value for the member's district 27,928
or the local emergency planning committee of which the member is 27,929
a member. A member of the commission who is also a member of a 27,931
local emergency planning committee may vote on resolutions of the 27,932
commission that apply uniformly to all local emergency planning 27,933
committees and districts in the state and do not provide a grant 27,934
631
or other pecuniary benefit to the member's district or the 27,935
committee of which the member is a member. 27,937
The governor shall make the initial appointments to the 27,939
commission within thirty days after December 14, 1988. Of the 27,941
initial appointments to the commission, five shall be for a term 27,944
of two years and five shall be for a term of one year. 27,945
Thereafter, terms of office of the appointed members of the 27,946
commission shall be for two years, with each term ending on the 27,947
same day of the same month as did the term that it succeeds. 27,948
Each member shall hold office from the date of appointment until 27,949
the end of the term for which the member was appointed. Members 27,951
may be reappointed. Vacancies shall be filled in the manner 27,952
provided for original appointments. Any member appointed to fill 27,953
a vacancy occurring prior to the expiration of the term for which 27,954
the member's predecessor was appointed shall hold office for the 27,956
remainder of that term. A member shall continue in office 27,957
subsequent to the expiration date of the member's term until the 27,959
member's successor takes office or until a period of sixty days 27,960
has elapsed, whichever occurs first. The commission may at any 27,961
time by a vote of two-thirds of all the members remove any 27,962
appointed member of the commission for misfeasance, nonfeasance, 27,963
or malfeasance. Members of the commission shall serve without 27,964
compensation, but shall be reimbursed for the reasonable expenses 27,965
incurred by them in the discharge of their duties as members of 27,966
the commission. 27,967
The commission shall meet at least annually and shall hold 27,969
such additional meetings as are necessary to implement and 27,970
administer this chapter. Additional meetings may be held at the 27,971
behest of either a co-chairperson or a majority of the members. 27,973
The commission shall, by adoption of internal management rules 27,974
under division (B)(9) of this section, establish an executive 27,975
committee and delegate to it the performance of such of the 27,976
commission's duties and powers under this chapter as are required 27,977
or authorized to be so delegated by that division. The 27,978
632
commission may organize itself into such additional committees as 27,979
it considers necessary or convenient to implement and administer 27,980
this chapter. The director of environmental protection and the 27,982
director of public safety or their designees shall serve as 27,983
co-chairpersons of the commission and the executive committee. 27,984
Except as otherwise provided in this chapter, a majority of the 27,985
voting members of the commission constitutes a quorum and the 27,986
affirmative vote of a majority of the voting members of the 27,987
commission is necessary for any action taken by the commission. 27,988
Meetings of the executive committee conducted for the purpose of 27,989
determining whether to issue an enforcement order or request that 27,990
a civil action, civil penalty action, or criminal action be 27,991
brought to enforce this chapter or rules adopted or orders issued 27,992
under it are not subject to section 121.22 of the Revised Code 27,993
pursuant to division (D) of that section. 27,994
Except for the purposes of Chapters 102. and 2921. and 27,996
sections 9.86 and 109.36 to 109.366 of the Revised Code, serving 27,997
as an appointed member of the commission does not constitute 27,998
holding a public office or position of employment under the laws 27,999
of this state and does not constitute grounds for removal of 28,000
public officers or employees from their offices or positions of 28,001
employment. 28,002
(B) The commission shall: 28,004
(1) Adopt rules in accordance with Chapter 119. of the 28,006
Revised Code that are consistent with and equivalent in scope, 28,007
content, and coverage to the "Emergency Planning and Community 28,008
Right-To-Know Act of 1986," 100 Stat. 1729, 42 U.S.C.A. 11001, 28,009
and applicable regulations adopted under it: 28,010
(a) Identifying or listing extremely hazardous substances 28,012
and establishing a threshold planning quantity for each such 28,013
substance. To the extent consistent with that act and applicable 28,014
regulations adopted under it, the rules may establish threshold 28,015
planning quantities based upon classes of those substances or 28,016
categories of facilities at which such substances are present. 28,017
633
(b) Listing hazardous chemicals, establishing threshold 28,019
quantities for those chemicals, establishing categories of health 28,020
and physical hazards of those chemicals, establishing criteria or 28,021
procedures for identifying those chemicals and the appropriate 28,022
hazard categories of those chemicals, and establishing ranges of 28,023
quantities for those chemicals to be used in preparing emergency 28,024
and hazardous chemical inventory forms under section 3750.08 of 28,025
the Revised Code. To the extent consistent with that act and 28,026
applicable regulations adopted under it, the rules may establish 28,027
threshold quantities based upon classes of those chemicals or 28,028
categories of facilities where those chemicals are present. 28,029
To the extent consistent with that act, the threshold 28,031
quantities for purposes of the submission of lists of hazardous 28,032
chemicals under section 3750.07 and the submission of emergency 28,033
and hazardous chemical inventory forms under section 3750.08 of 28,034
the Revised Code may differ. 28,035
(c) Identifying or listing hazardous substances and 28,037
establishing reportable quantities of each of those substances 28,038
and each extremely hazardous substance. In addition to being 28,039
consistent with and equivalent in scope, content, and coverage to 28,040
that act and applicable regulations adopted under it, the rules 28,041
shall be consistent with and equivalent in scope, content, and 28,042
coverage to regulations identifying or listing hazardous 28,043
substances and reportable quantities of those substances adopted 28,044
under the "Comprehensive Environmental Response, Compensation, 28,045
and Liability Act of 1980," 94 Stat. 2779, 42 U.S.C.A. 9602, as 28,046
amended. 28,047
(d) Prescribing the information to be included in the 28,049
lists of hazardous chemicals required to be submitted under 28,050
section 3750.07 of the Revised Code; 28,051
(e) Prescribing the information to be included in the 28,053
emergency and hazardous chemical inventory forms required to be 28,054
submitted under section 3750.08 of the Revised Code. If the 28,055
commission establishes its own emergency and hazardous chemical 28,056
634
inventory form, the rules shall authorize owners and operators of 28,057
facilities who also have one or more facilities located outside 28,058
the state for which they are required to submit inventory forms 28,059
under the federal act and regulations adopted under it to submit 28,060
their annual inventories on forms prescribed by the administrator 28,061
of the United States environmental protection agency under that 28,062
act instead of on forms prescribed by the commission and shall 28,063
require those owners or operators to submit any additional 28,064
information required by the commission's inventory form on an 28,065
attachment to the federal form. 28,066
(f) Establishing procedures for giving verbal notice of 28,068
releases under section 3750.06 of the Revised Code and 28,069
prescribing the information to be provided in such a notice and 28,070
in the follow-up written notice required by that section; 28,071
(g) Establishing standards for determining valid needs for 28,073
the release of tier II information under division (B)(4) of 28,074
section 3750.10 of the Revised Code; 28,075
(h) Identifying the types or categories of information 28,077
submitted or obtained under this chapter and rules adopted under 28,078
it that constitute confidential business information; 28,079
(i) Establishing criteria and procedures to protect trade 28,081
secret and confidential business information from unauthorized 28,082
disclosure; 28,083
(j) Establishing other requirements or authorizations that 28,085
the commission considers necessary or appropriate to implement, 28,086
administer, and enforce this chapter. 28,087
(2) Adopt rules in accordance with Chapter 119. of the 28,089
Revised Code to implement and administer this chapter that may be 28,090
more stringent than the "Emergency Planning and Community 28,091
Right-To-Know Act of 1986," 100 Stat. 1729, 42 U.S.C.A. 11001, 28,092
and regulations adopted under it. Rules adopted under division 28,094
(B)(2) of this section shall not be inconsistent with that act or 28,095
the regulations adopted under it. The rules shall: 28,096
(a) Prescribe the information to be included in the 28,098
635
chemical emergency response and preparedness plans prepared and 28,099
submitted by local emergency planning committees under section 28,100
3750.04 of the Revised Code; 28,101
(b) Establish criteria and procedures for reviewing the 28,103
chemical emergency response and preparedness plans of local 28,104
emergency planning committees required by section 3750.04 of the 28,105
Revised Code and the annual exercise of those plans and for 28,106
providing concurrence or requesting modifications in the plans 28,107
and the exercise of those plans. The criteria shall include, 28,108
without limitation, the requirement that each exercise of a 28,109
committee's plan involve, in addition to local emergency response 28,110
and medical personnel, either a facility that is subject to the 28,111
plan or a transporter of materials that are identified or listed 28,112
as hazardous materials by regulations adopted under the 28,114
"Hazardous Materials Transportation Act," 88 Stat. 2156 (1975),
49 U.S.C.A. 1801, as amended. 28,115
(c) Establish policies and procedures for maintaining 28,117
information submitted to the commission and local emergency 28,118
planning committees under this chapter, and for receiving and 28,119
fulfilling requests from the public for access to review and to 28,120
obtain copies of that information. The criteria and procedures 28,121
shall include the following requirements and authorizations 28,122
regarding that information and access to it: 28,123
(i) Information that is protected as trade secret 28,125
information or confidential business information under this 28,126
chapter and rules adopted under it shall be kept in files that 28,127
are separate from those containing information that is not so 28,128
protected. 28,129
(ii) The original copies of information submitted to the 28,131
commission or committee shall not be removed from the custody and 28,132
control of the commission or committee. 28,133
(iii) A person who, either in person or by mail, requests 28,135
to obtain a copy of a material safety data sheet submitted under 28,136
this chapter by a facility owner or operator shall submit a 28,137
636
separate application for each facility for which a material 28,138
safety data sheet is being requested. 28,139
(iv) A person who requests to receive by mail a copy of 28,141
information submitted under this chapter by a facility owner or 28,142
operator shall submit a separate application for each facility 28,143
for which information is being requested and shall specify both 28,144
the facility for which information is being requested and the 28,145
particular types of documents requested. 28,146
(v) Only employees of the commission or committee shall 28,148
copy information in the files of the commission or committee. 28,149
(vi) The commission or committee may require any person 28,151
who requests to review or obtain a copy of information in its 28,152
files to schedule an appointment for that purpose with the 28,153
information coordinator of the commission or committee at least 28,154
twenty-four hours before arriving at the office of the commission 28,155
or committee for the review or copy. 28,156
(vii) Any person who seeks access to information in the 28,158
files of the commission or a local emergency planning committee 28,159
shall submit a written application, either in person or by mail, 28,160
to the information coordinator on a form provided by the 28,161
commission or committee. The person also shall provide the 28,162
person's name and current mailing address on the application and 28,164
may be requested by the commission or committee to provide basic 28,165
demographic information on the form to assist in the evaluation 28,166
of the information access provisions of this chapter and rules 28,167
adopted under it. Application forms may be obtained by mail or 28,168
in person or by request by telephone at the office of the 28,169
commission or committee during regular business hours. Upon 28,170
receipt of a request for an application by telephone or mail, the 28,171
information coordinator shall promptly mail an application to the 28,172
person who requested it. 28,173
(viii) The application form shall provide the applicant 28,175
with a means of indicating that the applicant's name and address 28,177
are to be kept confidential. If the applicant so indicates, that 28,178
637
information is not a public record under section 149.43 of the 28,179
Revised Code and shall not be disclosed to any person who is not 28,180
a member or employee of the commission or committee or an 28,181
employee of the environmental protection agency. When a name and 28,182
address are to be kept confidential, they also shall be deleted 28,183
from the copy of the application required to be placed in the 28,184
file of the facility under division (B)(2)(c)(xii) of this 28,185
section and shall be withheld from any log of information 28,186
requests kept by the commission or committee pursuant to that 28,187
division. 28,188
(ix) Neither the commission nor a local emergency planning 28,190
committee shall charge any fee for access to review information 28,191
in its files when no copies or computer searches of that 28,192
information are requested. 28,193
(x) An applicant shall be informed of the cost of copying, 28,195
mailing, or conducting a computer search of information on file 28,196
with the commission or committee before such a copy or search is 28,197
made, and the commission or committee shall collect the 28,198
appropriate fees as established under section 3750.13 of the 28,199
Revised Code. Each applicant shall acknowledge on the 28,200
application form that the applicant is aware that the applicant 28,202
will be charged for copies and computer searches of that 28,203
information the applicant requests and for the costs of mailing 28,205
copies of the information to the applicant.
(xi) The commission or committee may require a person 28,207
requesting copies of information on file with it to take delivery 28,208
of them in the office of the commission or committee whenever it 28,209
considers the volume of the information to be large enough to 28,210
make mailing or delivery by a parcel or package delivery service 28,211
impractical. 28,212
(xii) When the commission or committee receives a request 28,214
for access to review or obtain copies of information in its 28,215
files, it shall not routinely notify the owner or operator of the 28,216
facility involved, but instead shall either keep a log or file of 28,217
638
requests for the information or shall place a copy of each 28,218
completed application form in the file for the facility to which 28,219
the application pertains. Such a log or file shall be available 28,220
for review by the public and by the owners and operators of 28,221
facilities required to submit information to the commission or 28,222
committee under this chapter and rules adopted under it. 28,223
(d) Require that claims for the protection, as a trade 28,225
secret, of information obtained under this chapter regarding 28,226
extremely hazardous substances identified or listed in rules 28,227
adopted under division (B)(1)(a) of this section and hazardous 28,228
chemicals identified or listed in rules adopted under division 28,229
(B)(1)(b) of this section be submitted to the administrator of 28,230
the United States environmental protection agency for 28,231
determination under section 322 of the "Emergency Planning and 28,232
Community Right-To-Know Act of 1986," 100 Stat. 1747, 42 U.S.C.A. 28,233
11042, and regulations adopted under that section; 28,234
(e) Establish criteria and procedures for the issuance of 28,236
variances under divisions (B) and (C) of section 3750.11 of the 28,237
Revised Code. The rules shall require that, before approval of 28,238
an application for a variance, the commission or committee find 28,239
by a preponderance of the scientific evidence based upon 28,240
generally accepted scientific principles or laboratory tests that 28,241
the extremely hazardous substances, hazardous chemicals, or 28,242
hazardous substances that would be subject to the reporting 28,243
requirement pose a substantial risk of catastrophic injury to 28,244
public health or safety or to the environment, or pose an 28,245
extraordinary risk of injury to emergency management personnel 28,246
responding to a release of the chemicals or substances, when the 28,247
substances or chemicals are present at a facility in an amount 28,248
equal to or exceeding the quantity for which reporting would be 28,249
required under the reporting requirement for which the variance 28,250
is sought. The rules shall also require that before approval of 28,251
an application for a variance, the commission or committee find 28,252
by a preponderance of the evidence that the development and 28,253
639
implementation of a local emergency response plan for releases of 28,254
the substances or chemicals covered by the reporting requirement 28,255
will reduce the risk of catastrophic injury to public health or 28,256
safety or to the environment, or will reduce the extraordinary 28,257
risk of injury to responding emergency management personnel, in 28,258
the event of a release of the substances or chemicals and find by 28,259
a preponderance of the evidence that the reporting requirement is 28,260
necessary for the development of such a local emergency response 28,261
plan. The rules shall require that when determining whether the 28,262
substances or chemicals that would be subject to the reporting 28,263
requirement pose a substantial risk of catastrophic injury to 28,264
public health or safety or to the environment, or pose an 28,265
extraordinary risk of injury to emergency management personnel 28,266
responding to a release of the substance or chemical, the 28,267
commission or committee consider all of the following factors: 28,268
(i) The specific characteristics and degree and nature of 28,270
the hazards posed by a release of the extremely hazardous 28,271
substances, hazardous chemicals, or hazardous substances; 28,272
(ii) The proximity of the facilities that would be subject 28,274
to the reporting requirement to residential areas, to areas where 28,275
significantly large numbers of people are employed or otherwise 28,276
congregate, and to environmental resources that are subject to 28,277
injury; 28,278
(iii) The quantities of the extremely hazardous 28,280
substances, hazardous chemicals, or hazardous substances that are 28,281
routinely present at facilities that would be subject to the 28,282
reporting requirement; 28,283
(iv) The frequency with which the extremely hazardous 28,285
substances, hazardous chemicals, or hazardous substances are 28,286
present at the facilities that would be subject to the reporting 28,287
requirement in quantities for which reporting would be required 28,288
thereunder. 28,289
(f) Establish criteria and procedures for the issuance of 28,291
orders under division (D) of section 3750.11 of the Revised Code 28,292
640
requiring the placement of emergency response lock box units. 28,293
The rules shall require that before approval of an application 28,294
for issuance of such an order, the commission or committee find 28,295
by a preponderance of the scientific evidence based upon 28,296
generally accepted scientific principles or laboratory tests that 28,297
the presence of the extremely hazardous substances, hazardous 28,298
chemicals, or hazardous substances in the quantities in which 28,299
they are routinely or intermittently present at the facility for 28,300
which the order is sought pose a substantial risk of catastrophic 28,301
injury to public health or safety or to the environment, or pose 28,302
an extraordinary risk of injury to responding emergency 28,303
management personnel, in the event of a release of any of those 28,304
substances or chemicals from the facility. The rules shall 28,305
require that before approval of an application for issuance of 28,306
such an order, the commission or committee also find by a 28,307
preponderance of the evidence that the placement of an emergency 28,308
response lock box unit at the facility is necessary to protect 28,309
against the substantial risk of catastrophic injury to public 28,310
health or safety or the environment, or to protect against an 28,311
extraordinary risk of injury to responding emergency management 28,312
personnel, in the event of a release of any of the extremely 28,313
hazardous substances, hazardous chemicals, or hazardous 28,314
substances routinely or intermittently present at the facility. 28,315
The rules shall require that when determining whether the 28,316
extremely hazardous substances, hazardous chemicals, or hazardous 28,317
substances present at the facility pose a substantial risk of 28,318
catastrophic injury to public health or safety or to the 28,319
environment, or pose an extraordinary risk of injury to 28,320
responding emergency management personnel, in the event of a 28,321
release of any of those substances or chemicals from the 28,322
facility, the commission or committee consider all of the 28,323
following factors: 28,324
(i) The specific characteristics and the degree and nature 28,326
of the hazards posed by a release of the extremely hazardous 28,327
641
substances, hazardous chemicals, or hazardous substances present 28,328
at the facility; 28,329
(ii) The proximity of the facility to residential areas, 28,331
to areas where significantly large numbers of people are employed 28,332
or otherwise congregate, and to environmental resources that are 28,333
subject to injury; 28,334
(iii) The quantities of the extremely hazardous 28,336
substances, hazardous chemicals, or hazardous substances that are 28,337
routinely present at the facility; 28,338
(iv) The frequency with which the extremely hazardous 28,340
substances, hazardous chemicals, or hazardous substances are 28,341
present at the facility. 28,342
(g) Establish procedures to be followed by the commission 28,344
and the executive committee of the commission for the issuance of 28,345
orders under this chapter. 28,346
(3) In accordance with Chapter 119. of the Revised Code 28,348
adopt rules establishing reportable quantities for releases of 28,349
oil that are consistent with and equivalent in scope, content, 28,350
and coverage to section 311 of the "Federal Water Pollution 28,351
Control Act Amendments of 1972," 86 Stat. 862, 33 U.S.C.A. 1321, 28,352
as amended, and applicable regulations adopted under it; 28,353
(4) Adopt rules in accordance with Chapter 119. of the 28,355
Revised Code establishing criteria and procedures for identifying 28,356
or listing extremely hazardous substances in addition to those 28,357
identified or listed in rules adopted under division (B)(1)(a) of 28,358
this section and for establishing threshold planning quantities 28,359
and reportable quantities for the added extremely hazardous 28,360
substances; for identifying or listing hazardous chemicals in 28,361
addition to those identified or listed in rules adopted under 28,362
division (B)(1)(b) of this section and for establishing threshold 28,363
quantities and categories of health and physical hazards for the 28,364
added hazardous chemicals; and for identifying or listing 28,365
hazardous substances in addition to those identified or listed in 28,366
rules adopted under division (B)(1)(c) of this section and for 28,367
642
establishing reportable quantities for the added hazardous 28,369
substances. The criteria for identifying or listing additional 28,370
extremely hazardous substances and establishing threshold 28,371
planning quantities and reportable quantities therefor and for 28,372
identifying or listing additional hazardous chemicals and 28,373
establishing threshold quantities and categories of health and 28,374
physical hazards for the added hazardous chemicals shall be 28,375
consistent with and equivalent to applicable criteria therefor 28,376
under the "Emergency Planning and Community Right-To-Know Act of 28,377
1986," 100 Stat. 1729, 42 U.S.C.A. 11001, and regulations adopted 28,378
under it. The criteria for identifying additional hazardous 28,379
substances and for establishing reportable quantities of the 28,380
added hazardous substances shall be consistent with and 28,381
equivalent to the applicable criteria for identifying or listing 28,382
hazardous substances and establishing reportable quantities 28,383
therefor under the "Comprehensive Environmental Response, 28,384
Compensation, and Liability Act of 1980," 94 Stat. 2779, 42 28,385
U.S.C.A. 9602, as amended, and regulations adopted under it. 28,386
The rules shall require that, before identifying or listing 28,389
any such additional extremely hazardous substance, hazardous 28,390
chemical, or hazardous substance and establishing a threshold 28,391
planning quantity, threshold quantity, or reportable quantity 28,392
therefor, the commission find by a preponderance of the 28,393
scientific evidence based on generally accepted scientific 28,394
principles or laboratory tests that the substance or chemical 28,395
poses a substantial risk of catastrophic injury to public health 28,396
or safety or to the environment, or poses an extraordinary risk 28,397
of injury to emergency management personnel responding to a 28,398
release of the chemical or substance, when the chemical or 28,399
substance is present at a facility in an amount equal to the 28,400
proposed threshold planning quantity or threshold quantity or, in 28,401
the instance of a proposed additional extremely hazardous 28,402
substance or hazardous substance, poses a substantial risk of 28,403
catastrophic injury to public health or safety or to the 28,404
643
environment if a release of the proposed reportable quantity of 28,405
the substance occurs. The rules shall further require that, 28,406
before so identifying or listing a substance or chemical, the 28,407
commission find by a preponderance of the evidence that the 28,408
development and implementation of state or local emergency 28,409
response plans for releases of the substance or chemical will 28,410
reduce the risk of a catastrophic injury to public health or 28,411
safety or to the environment, or will reduce the extraordinary 28,412
risk of injury to responding emergency response personnel, in the 28,413
event of a release of the substance or chemical and find by a 28,414
preponderance of the evidence that the identification or listing 28,415
of the substance or chemical is necessary for the development of 28,416
state or local emergency response plans for releases of the 28,417
substance or chemical. The rules shall require that the 28,418
commission consider the toxicity of the substance or chemical in 28,419
terms of both the short-term and long-term health effects 28,420
resulting from exposure to it and its reactivity, volatility, 28,421
dispersibility, combustibility, and flammability when determining 28,422
the risks posed by a release of the substance or chemical and, as 28,423
appropriate, when establishing a threshold planning quantity, 28,424
threshold quantity, reportable quantity, or category of health or 28,425
physical hazard for it.
(5) Adopt rules in accordance with Chapter 119. of the 28,427
Revised Code establishing criteria and procedures for receiving 28,428
and deciding claims for protection of information as a trade 28,429
secret that are applicable only to extremely hazardous substances 28,430
and hazardous chemicals identified or listed in rules adopted 28,431
under division (C)(5) of this section. The rules shall be 28,432
equivalent in scope, content, and coverage to section 322 of the 28,433
"Emergency Planning and Community Right-To-Know Act of 1986," 100 28,434
Stat. 1747, 42 U.S.C.A. 11042, and regulations adopted under it. 28,435
(6)(a) After consultation with the fire marshal, adopt 28,437
rules in accordance with Chapter 119. of the Revised Code 28,438
establishing standards for the construction, placement, and use 28,439
644
of emergency response lock box units at facilities that are 28,440
subject to this chapter. The rules shall establish all of the 28,441
following: 28,442
(i) Specific standards of construction for lock box units; 28,444
(ii) The specific types of information that shall be 28,446
placed in the lock box units required to be placed at a facility 28,447
by an order issued under division (D) of section 3750.11 of the 28,448
Revised Code, which shall include the location of on-site 28,449
emergency fire-fighting and spill cleanup equipment; a diagram of 28,450
the public and private water supply and sewage systems serving 28,451
the facility that are known to the owner or operator of the 28,452
facility; a copy of the emergency and hazardous chemical 28,453
inventory form for the facility most recently required to be 28,454
submitted under section 3750.08 of the Revised Code from which 28,455
the owner or operator may withhold information claimed or 28,456
determined to be trade secret information pursuant to rules 28,457
adopted under division (B)(2)(d) of this section, or pursuant to 28,458
division (B)(14) of this section and rules adopted under division 28,459
(B)(5) of this section, and confidential business information 28,460
identified in rules adopted under division (B)(1)(h) of this 28,461
section; a copy of the local fire department's and facility's 28,462
emergency management plans for the facility, if any; a current 28,463
list of the names, positions, addresses, and telephone numbers of 28,464
all key facility personnel knowledgeable in facility safety 28,465
procedures and the locations at the facility where extremely 28,466
hazardous substances, hazardous chemicals, and hazardous 28,467
substances are produced, used, or stored. The rules shall 28,468
stipulate that, in the instance of lock box units placed 28,469
voluntarily at facilities by the owners or operators of the 28,470
facilities, such information shall be maintained in them as is 28,471
prescribed by agreement by the owner or operator and the fire 28,472
department having jurisdiction over the facility. 28,473
(iii) The conditions that shall be met in order to provide 28,475
safe and expedient access to a lock box unit during a release or 28,476
645
threatened release of an extremely hazardous substance, hazardous 28,477
chemical, or hazardous substance. 28,478
(b) Unless the owner or operator of a facility is issued 28,480
an order under division (D) of section 3750.11 of the Revised 28,481
Code requiring the owner or operator to place a lock box unit at 28,483
the facility, the owner or operator may place a lock box unit at 28,484
the facility at the owner's or operator's discretion. If the 28,486
owner or operator chooses to place a lock box unit at the
facility, the responsibility to deposit information in the lock 28,488
box unit is in addition to any other obligations established in 28,489
this chapter.
(c) Any costs associated with the purchase, construction, 28,491
or placement of a lock box unit shall be paid by the owner or 28,492
operator of the facility. 28,493
(7) In accordance with Chapter 119. of the Revised Code, 28,495
adopt rules governing the application for and awarding of grants 28,496
under division (C) of section 3750.14 and division (B) of section 28,497
3750.15 of the Revised Code; 28,498
(8) Adopt rules in accordance with Chapter 119. of the 28,500
Revised Code establishing reasonable maximum fees that may be 28,501
charged by the commission and local emergency planning committees 28,502
for copying information in the commission's or committee's files 28,503
to fulfill requests from the public for that information; 28,504
(9) Adopt internal management rules governing the 28,506
operations of the commission. The internal management rules 28,507
shall establish an executive committee of the commission 28,508
consisting of the director of environmental protection or the 28,509
director's designee, the director of public safety or the 28,511
director's designee, the attorney general or the attorney 28,513
general's designee, one of the appointed members of the 28,515
commission representing industries subject to this chapter to be 28,516
appointed by the commission, one of the appointed members of the 28,517
commission representing the interests of environmental advocacy 28,518
organizations to be appointed by the commission, and one other 28,519
646
appointed member or member ex officio of the commission to be 28,520
appointed by the commission. The executive committee has 28,521
exclusive authority to issue enforcement orders under section 28,522
3750.18 of the Revised Code and to request the attorney general 28,523
to bring a civil action, civil penalty action, or criminal action 28,524
under section 3750.20 of the Revised Code in the name of the 28,525
commission regarding violations of this chapter, rules adopted 28,526
under it, or orders issued under it. The internal management 28,527
rules may set forth the other specific powers and duties of the 28,528
commission that the executive committee may exercise and carry 28,529
out and the conditions under which the executive committee may do 28,530
so. The internal management rules shall not authorize the 28,531
executive committee to issue variances under division (B) or (C) 28,532
of section 3750.11 of the Revised Code or orders under division 28,533
(D) of that section.
(10) Oversee and coordinate the implementation and 28,535
enforcement of this chapter and make such recommendations to the 28,536
director of environmental protection and the director of public 28,538
safety as it considers necessary or appropriate to improve the 28,539
implementation and enforcement of this chapter; 28,540
(11) Make allocations of moneys under division (B) of 28,542
section 3750.14 of the Revised Code and make grants under 28,543
division (C) of section 3750.14 and division (B) of section 28,544
3750.15 of the Revised Code; 28,545
(12) Designate an officer of the environmental protection 28,547
agency to serve as the commission's information coordinator under 28,548
this chapter; 28,549
(13) Not later than December 14, 1989, develop and 28,552
distribute a state emergency response plan that defines the 28,554
emergency response roles and responsibilities of the state 28,555
agencies that are represented on the commission and that provides 28,556
appropriate coordination with the national contingency plan and 28,557
the regional contingency plan required by section 105 of the 28,558
"Comprehensive Environmental Response, Compensation, and 28,559
647
Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as 28,560
amended. The plan shall ensure a well-coordinated response by 28,561
state agencies that may be involved in assisting local emergency 28,562
responders during a major release of oil or a major sudden and 28,563
accidental release of a hazardous substance or extremely 28,564
hazardous substance. The plan may incorporate existing state 28,565
emergency response plans by reference. At least annually, the 28,566
commission and the state agencies that are represented on it 28,567
shall jointly exercise the state plan in conjunction with the 28,568
exercise of a local emergency response plan by a local emergency 28,569
planning committee under section 3750.04 of the Revised Code. 28,570
After any such exercise, the commission shall review the state 28,571
plan and make such revisions in it as the commission considers 28,572
necessary or appropriate.
(14) Receive and decide claims for the protection of 28,574
information as a trade secret that pertain only to extremely 28,575
hazardous substances and hazardous chemicals identified or listed 28,576
by rules adopted under division (C)(5) of this section. If the 28,577
commission determines that the claim meets the criteria 28,578
established in rules adopted under division (B)(5) of this 28,579
section, it shall issue an order to that effect in accordance 28,580
with section 3750.18 of the Revised Code. If the commission 28,581
determines that the claim does not meet the criteria established 28,582
in those rules, it shall issue an order to that effect in 28,583
accordance with section 3750.18 of the Revised Code. 28,584
(15) Annually compile, make available to the public, and 28,586
submit to the president of the senate and the speaker of the 28,587
house of representatives a summary report on the number of 28,588
facilities estimated to be subject to regulation under sections 28,589
3750.05, 3750.07, and 3750.08 of the Revised Code, the number of 28,590
facilities reporting to the commission, an estimate of the 28,591
percentage of facilities in compliance with those sections, and 28,592
recommendations regarding the types of activities the commission 28,593
considers necessary to improve such compliance. The commission 28,594
648
shall base its estimate of the number of facilities that are 28,595
subject to regulation under those sections on the current 28,596
estimates provided by the local emergency planning committees 28,597
under division (D)(6) of section 3750.03 of the Revised Code. 28,598
(C) The commission may: 28,600
(1) Procure by contract the temporary or intermittent 28,602
services of experts or consultants when those services are to be 28,603
performed on a part-time or fee-for-service basis and do not 28,604
involve the performance of administrative duties; 28,605
(2) Enter into contracts or agreements with political 28,607
subdivisions or emergency planning districts for the purposes of 28,608
this chapter; 28,609
(3) Accept on behalf of the state any gift, grant, or 28,611
contribution from any governmental or private source for the 28,612
purposes of this chapter; 28,613
(4) Enter into contracts, agreements, or memoranda of 28,615
understanding with any state department, agency, board, 28,616
commission, or institution to obtain the services of personnel 28,617
thereof or utilize resources thereof for the purposes of this 28,618
chapter. Employees of a state department, agency, board, 28,619
commission, or institution providing services to the commission 28,620
under any such contract, agreement, or memorandum shall perform 28,621
only those functions and provide only the services provided for 28,622
in the contract, agreement, or memorandum. 28,623
(5) Identify or list extremely hazardous substances in 28,625
addition to those identified or listed in rules adopted under 28,626
division (B)(1)(a) of this section and establish threshold 28,627
planning quantities and reportable quantities for the additional 28,628
extremely hazardous substances, identify or list hazardous 28,629
chemicals in addition to those identified or listed in rules 28,630
adopted under division (B)(1)(b) of this section and establish 28,631
threshold quantities and categories or health and physical 28,632
hazards for the added chemicals, and identify or list hazardous 28,633
substances in addition to those identified or listed in rules 28,634
649
adopted under division (B)(1)(c) of this section and establish 28,635
reportable quantities for the added hazardous substances. The 28,636
commission may establish threshold planning quantities for the 28,637
additional extremely hazardous substances based upon classes of 28,638
those substances or categories of facilities at which they are 28,639
present and may establish threshold quantities for the additional 28,640
hazardous chemicals based upon classes of those chemicals or 28,641
categories of facilities where they are present. The commission 28,642
shall identify or list such additional substances or chemicals 28,643
and establish threshold planning quantities, threshold 28,644
quantities, reportable quantities, and hazard categories therefor 28,645
in accordance with the criteria and procedures established in 28,646
rules adopted under division (B)(4) of this section and, after 28,647
compliance with those criteria and procedures, by the adoption of 28,648
rules in accordance with Chapter 119. of the Revised Code. The 28,649
commission shall not adopt rules under division (C)(5) of this 28,650
section modifying any threshold planning quantity established in 28,651
rules adopted under division (B)(1)(a) of this section, any 28,652
threshold quantity established in rules adopted under division 28,653
(B)(1)(b) of this section, or any reportable quantity established 28,655
in rules adopted under division (B)(1)(c) of this section. 28,656
If, after the commission has adopted rules under division 28,659
(C)(5) of this section identifying or listing an extremely 28,660
hazardous substance, hazardous chemical, or hazardous substance, 28,661
the administrator of the United States environmental protection 28,662
agency identifies or lists the substance or chemical as an 28,663
extremely hazardous substance or hazardous chemical under the 28,664
"Emergency Planning and Community Right-To-Know Act of 1986," 100 28,665
Stat. 1729, 42 U.S.C.A. 11001, or identifies or lists a substance 28,666
as a hazardous substance under the "Comprehensive Environmental 28,667
Response, Compensation, and Liability Act of 1980," 94 Stat. 28,668
2779, 42 U.S.C.A. 9602, as amended, the commission shall rescind 28,669
its rules adopted under division (C)(5) of this section 28,670
pertaining to the substance or chemical and adopt the appropriate 28,672
650
rules under division (B)(1)(a), (b), or (c) of this section. 28,673
(6) From time to time, request the director of 28,675
environmental protection and the executive director of the 28,677
emergency management agency to review implementation, 28,678
administration, and enforcement of the chemical emergency 28,679
response planning and reporting programs created by this chapter 28,680
and rules adopted under it regarding their effectiveness in 28,681
preparing for response to releases of extremely hazardous 28,682
substances, hazardous chemicals, and hazardous substances. After 28,683
completion of any such review, the director of environmental 28,684
protection and the director of public safety shall report their 28,686
findings to the commission. Upon receipt of their findings, the 28,688
commission may make such recommendations for legislative and 28,689
administrative action as the commission finds necessary or 28,690
appropriate to promote achievement of the purposes of this 28,691
chapter.
(D) Except as provided in section 3750.06 of the Revised 28,693
Code, nothing in this chapter applies to the transportation, 28,694
including the storage incident to transportation, of any 28,695
substance or chemical subject to the requirements of this 28,696
chapter, including the transportation and distribution of natural 28,697
gas. 28,698
(E) This chapter authorizes the state, through the 28,700
emergency response commission, the department of public safety, 28,702
and the environmental protection agency, to establish and 28,703
maintain chemical emergency response planning and preparedness, 28,704
community right-to-know, and hazardous substance and extremely 28,705
hazardous substance release reporting programs that are 28,706
consistent with and equivalent in scope, coverage, and content to 28,707
the "Emergency Planning and Community Right-To-Know Act of 1986," 28,708
100 Stat. 1729, 42 U.S.C.A. 11001, and regulations adopted under 28,710
it, except as otherwise specifically required or authorized in 28,711
this chapter. The commission, department, and agencies may do 28,713
all things necessary, incidental, or appropriate to implement, 28,714
651
administer, and enforce this chapter and to perform the duties 28,715
and exercise the powers of the state emergency response 28,716
commission under that act and regulations adopted under it and 28,717
under this chapter.
Sec. 3770.071. (A) If the amount of the prize money or 28,726
the cost of goods or services awarded as a lottery prize award is 28,727
six hundred dollars or more, the director of the state lottery 28,728
commission, or the director's designee, shall require the person 28,729
entitled to the prize award to affirm in writing, under oath, 28,730
whether or not the person is in default under a support order. 28,731
The director or the director's designee also may take any 28,732
additional appropriate steps to determine if the person entitled 28,733
to the prize award is in default under a support order. If the 28,734
person entitled to the prize award affirms that the person is in 28,735
default under a support order, or if the director or the 28,736
director's designee determines that the person is in default 28,737
under a support order, the director or the director's designee 28,738
shall temporarily withhold payment of the prize award and inform 28,739
the court that issued the support order that the person is 28,741
entitled to a prize award, of the amount of the prize award, and, 28,742
if the prize award is to be paid in annual installments, of the 28,743
number of installments. 28,744
After receipt of the notice from the director or the 28,746
director's designee, the court shall give the person notice of 28,748
the director's notice, schedule a hearing to determine if the 28,749
person is in default and the amount of the default, and give the 28,750
person notice of the date, time, and location of the hearing. If 28,751
the court at the hearing determines that the person is in 28,752
default, it shall issue an order to the director at lottery 28,753
commission headquarters requiring the director or the director's 28,754
designee to deduct from any unpaid prize award or any annual 28,755
installment payment of the prize award, a specified amount for 28,756
child support or spousal support in satisfaction of the support 28,757
order under which the person is in default. To the extent 28,758
652
possible, the amount specified to be deducted under the order 28,759
issued under this section shall satisfy the amount ordered for 28,760
support or spousal support in the support order under which the 28,761
person is in default. Within thirty days after the date on which 28,762
the court issues the order under this section to the director, 28,763
the director shall pay the amount specified in that order to the 28,764
division of child support in the department of human JOB AND 28,765
FAMILY services. If the prize award is to be paid in annual 28,766
installments, the director or the director's designee, on the 28,767
date the installment payment is due, shall pay the amount 28,768
specified in the court order issued under this section from that 28,769
installment and, if necessary, any subsequent annual 28,770
installments, at the time such installments become due and owing 28,771
to the prize winner, to the division of child support. 28,772
(B) As used in this section, "support order" and "default" 28,774
have the same meanings as in section 2301.34 of the Revised Code. 28,775
(C) No person shall knowingly make a false affirmation or 28,777
oath required by division (A) of this section. 28,778
Sec. 3781.06. (A)(1) Any building that may be used as a 28,789
place of resort, assembly, education, entertainment, lodging, 28,790
dwelling, trade, manufacture, repair, storage, traffic, or 28,791
occupancy by the public, and all other buildings or parts and 28,792
appurtenances thereof erected within this state, shall be so 28,793
constructed, erected, equipped, and maintained that they shall be 28,794
safe and sanitary for their intended use and occupancy, except 28,795
that sections 3781.06 to 3781.18 and 3791.04 of the Revised Code 28,796
shall be considered as model provisions with no force and effect 28,797
when applied to single-family, two-family, and three-family 28,798
dwelling houses, and accessory structures incidental to those 28,799
dwelling houses, that have not been constructed or erected as 28,800
industrialized one-family, two-family, or three-family units or 28,801
structures within the meaning of the term "industrialized unit" 28,802
as provided in division (C)(3) of this section, except where the 28,804
context specifies mandatory applicability. 28,805
653
(2) Nothing in sections 3781.06 to 3781.18 and 3791.04 of 28,807
the Revised Code shall be construed to limit the power of the 28,808
public health council to adopt rules of uniform application 28,809
governing manufactured home parks pursuant to section 3733.02 of 28,810
the Revised Code.
(B) Sections 3781.06 to 3781.18 and 3791.04 of the Revised 28,812
Code shall not apply to either of the following: 28,813
(1) Buildings or structures that are incident to the use 28,815
for agricultural purposes of the land on which such buildings or 28,816
structures are located, provided such buildings or structures are 28,817
not used in the business of retail trade. For purposes of this 28,818
division, a building or structure is not considered used in the 28,820
business of retail trade if fifty per cent or more of the gross
income received from sales of products in the building or 28,821
structure by the owner or operator is from sales of products 28,822
produced or raised in a normal crop year on farms owned or 28,823
operated by the seller. 28,824
(2) Existing single-family, two-family, and three-family 28,827
detached dwelling houses for which applications have been 28,828
submitted to the director of human JOB AND FAMILY services
pursuant to section 5104.03 of the Revised Code for the purposes 28,829
of operating type A family day-care homes as defined in section 28,830
5104.01 of the Revised Code.
(C) As used in sections 3781.06 to 3781.18 and 3791.04 of 28,832
the Revised Code:
(1) "Agricultural purposes" include agriculture, farming, 28,834
dairying, pasturage, apiculture, horticulture, floriculture, 28,835
viticulture, ornamental horticulture, olericulture, pomiculture, 28,836
and animal and poultry husbandry. 28,837
(2) "Building" means any structure consisting of 28,839
foundations, walls, columns, girders, beams, floors, and roof, or 28,840
a combination of any number of these parts, with or without other 28,841
parts or appurtenances. 28,842
(3) "Industrialized unit" means a building unit or 28,844
654
assembly of closed construction fabricated in an off-site 28,845
facility, that is substantially self-sufficient as a unit or as 28,846
part of a greater structure, and that requires transportation to 28,847
the site of intended use. "Industrialized unit" includes units 28,848
installed on the site as independent units, as part of a group of 28,850
units, or incorporated with standard construction methods to form 28,851
a completed structural entity. "Industrialized unit" does not 28,852
include a manufactured home as defined by division (C)(4) of this 28,853
section or a mobile home as defined by division (O) of section
4501.01 of the Revised Code. 28,854
(4) "Manufactured home" means a building unit or assembly 28,857
of closed construction that is fabricated in an off-site facility 28,858
and constructed in conformance with the federal construction and 28,859
safety standards established by the secretary of housing and 28,860
urban development pursuant to the "Manufactured Housing 28,861
Construction and Safety Standards Act of 1974," 88 Stat. 700, 42 28,862
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 28,863
compliance with all applicable federal construction and safety 28,865
standards.
(5) "Permanent foundation" means permanent masonry, 28,868
concrete, or a locally approved footing or foundation, to which a 28,869
manufactured or mobile home may be affixed. 28,870
(6) "Permanently sited manufactured home" means a 28,873
manufactured home that meets all of the following criteria: 28,874
(a) The structure is affixed to a permanent foundation and 28,877
is connected to appropriate facilities;
(b) The structure, excluding any addition, has a width of 28,879
at least twenty-two feet at one point, a length of at least 28,881
twenty-two feet at one point, and a total living area, excluding 28,882
garages, porches, or attachments, of at least nine hundred square 28,883
feet;
(c) The structure has a minimum 3:12 residential roof 28,885
pitch, conventional residential siding, and a six-inch minimum 28,887
655
eave overhang, including appropriate guttering; 28,888
(d) The structure was manufactured after January 1, 1995; 28,891
(e) The structure is not located in a manufactured home 28,893
park as defined by section 3733.01 of the Revised Code. 28,894
(7) "Safe," with respect to a building, means it is free 28,897
from danger or hazard to the life, safety, health, or welfare of 28,898
persons occupying or frequenting it, or of the public and from 28,899
danger of settlement, movement, disintegration, or collapse, 28,900
whether such danger arises from the methods or materials of its 28,901
construction or from equipment installed therein, for the purpose 28,902
of lighting, heating, the transmission or utilization of electric 28,903
current, or from its location or otherwise. 28,904
(8) "Sanitary," with respect to a building, means it is 28,907
free from danger or hazard to the health of persons occupying or 28,908
frequenting it or to that of the public, if such danger arises 28,909
from the method or materials of its construction or from any 28,910
equipment installed therein, for the purpose of lighting, 28,911
heating, ventilating, or plumbing. 28,912
Sec. 3781.10. The board of building standards shall: 28,922
(A) Formulate and adopt rules governing the erection, 28,924
construction, repair, alteration, and maintenance of all 28,925
buildings or classes of buildings specified in section 3781.06 of 28,926
the Revised Code, including land area incidental thereto, the 28,927
construction of industrialized units, the installation of 28,928
equipment, and the standards or requirements for materials to be 28,929
used in connection therewith. The standards shall relate to the 28,930
conservation of energy in and to the safety and sanitation of 28,931
such buildings. The rules shall be the lawful minimum 28,932
requirements specified for such buildings or industrialized 28,933
units, except that no rule, except as provided in division (C) of 28,934
section 3781.108 of the Revised Code, which specifies a higher 28,935
requirement than is imposed by any section of the Revised Code 28,936
shall be enforceable; the rules shall be acceptable as complete 28,937
lawful alternatives to the requirements specified for such 28,938
656
buildings or industrialized units in any section of the Revised 28,939
Code; and the board shall on its own motion, or on application 28,940
made under sections 3781.12 and 3781.13 of the Revised Code, 28,941
formulate, propose, adopt, modify, amend, or repeal the rules to 28,942
the extent necessary or desirable to effectuate the purposes of 28,943
sections 3781.06 to 3781.18 of the Revised Code. 28,944
(B) Formulate and report to the general assembly such 28,946
amendments in existing statutes relating to the purposes declared 28,947
in section 3781.06 of the Revised Code as public health and 28,948
safety and the development of the arts require and such 28,949
additional legislation as it recommends with a view to carrying 28,950
out fully, in statutory form, the purposes declared in such 28,951
section; and prepare and submit to the general assembly a summary 28,952
report of the number, nature, and disposition of the petitions 28,953
filed under sections 3781.13 and 3781.14 of the Revised Code; 28,954
(C) Determine by rule, on its own motion or on application 28,956
made under sections 3781.12 and 3781.13 of the Revised Code, and 28,957
after thorough testing and evaluation that any particular 28,958
fixture, device, material, process of manufacture, manufactured 28,959
unit or component, method of manufacture, system, or method of 28,960
construction, complies with performance standards adopted 28,961
pursuant to section 3781.11 of the Revised Code, having regard to 28,962
its adaptability for safe and sanitary erection, use, or 28,963
construction, to that described in any section of the Revised 28,964
Code, wherever the use of a fixture, device, material, method of 28,965
manufacture, system, or method of construction which is described 28,966
in such section of the Revised Code, is permitted by law; and on 28,967
like application amend or annul any such rule or issue an 28,968
authorization for the use of a new material or manufactured unit; 28,969
and no department, officer, board, or commission of the state 28,970
other than the board of building standards or the board of 28,971
building appeals shall permit the use of any fixture, device, 28,972
material, method of manufacture, newly designed product, system, 28,973
or method of construction at variance with what is described in 28,974
657
any rule adopted or authorization issued by the board of building 28,975
standards or in any section of the Revised Code. Nothing in this 28,976
section shall be construed as requiring approval, by rule, of 28,977
plans for an industrialized unit that conforms with the rules 28,978
adopted by the board of building standards pursuant to section 28,979
3781.11 of the Revised Code. 28,980
(D) Recommend to the bureau of workers' compensation, the 28,982
director of commerce, or any other department, officer, board, or 28,984
commission of the state, and to legislative authorities and
building departments of counties, townships, and municipal 28,985
corporations, the making, amending, fixing, or ordaining by such 28,986
appropriate action as such state, county, township, or municipal 28,987
authorities may be empowered by law or the constitution to take, 28,988
of such rules, codes, or standards as shall tend to carry out the 28,989
purposes declared in section 3781.06 of the Revised Code, with a 28,990
view to securing uniformity of state administrative ruling; and 28,991
local legislation and administrative action; 28,992
(E) Certify municipal, township, and county building 28,994
departments to exercise enforcement authority, to accept and 28,995
approve plans and specifications, and to make inspections, 28,996
pursuant to sections 3781.03 and 3791.04 of the Revised Code. 28,997
The board also shall certify personnel of municipal, 28,999
township, and county building departments, and persons and 29,000
employees of persons, firms, or corporations as described in 29,001
divisions (E)(1) and (2) of this section, to exercise enforcement 29,002
authority, to accept and approve plans and specifications, and to 29,003
make inspections, pursuant to sections 3781.03 and 3791.04 of the 29,004
Revised Code. The board shall specify, in rules adopted pursuant 29,005
to Chapter 119. of the Revised Code, the requirements that shall 29,006
be satisfied for certification purposes, which requirements shall 29,007
be consistent with this division. Except as otherwise provided 29,008
in this division, the requirements shall include, but are not 29,009
limited to, the satisfactory completion of an initial examination 29,010
and, in order to remain certified, the completion of a specified 29,011
658
number of hours of continuing building code education within each 29,012
three-year period following the date of certification. In 29,013
adopting the requirements, the board shall not specify less than 29,014
thirty hours of continuing building code education within a 29,015
three-year period; shall provide that continuing education 29,017
credits, and certification issued, by the council of American 29,018
building officials, national model code organizations, and 29,019
agencies or entities recognized by the board, are acceptable for 29,020
purposes of this division; and shall specify requirements that 29,021
are compatible, to the extent possible, with requirements 29,022
established by the council of American building officials and 29,023
national model code organizations. The board shall establish and 29,024
collect a certification and renewal fee for building department 29,025
personnel, and persons and employees of persons, firms, or 29,026
corporations as described in divisions (E)(1) and (2) of this 29,027
section, certified pursuant to this division. 29,028
All individuals certified pursuant to this division shall 29,030
complete the number of hours of continuing building code 29,031
education that the board requires or, for failure to do so, 29,032
forfeit their certifications. 29,033
This division does not require or authorize the 29,035
certification by the board of personnel of municipal, township, 29,036
and county building departments, and persons and employees of 29,037
persons, firms, or corporations as described in divisions (E)(1) 29,038
and (2) of this section, whose responsibilities do not include 29,039
the exercise of enforcement authority, the approval of plans and 29,040
specifications, or the making of inspections, under the Ohio 29,041
building code. 29,042
(1) Enforcement authority for approval of plans and 29,044
specifications may be exercised, and plans and specifications may 29,045
be approved, on behalf of a municipal corporation, township, or 29,046
county, by any of the following who are certified by the board of 29,047
building standards: 29,048
(a) Officers or employees of the municipal corporation, 29,050
659
township, or county; 29,051
(b) Persons, or employees of persons, firms, or 29,053
corporations, when such persons, firms, or corporations are under 29,054
contract to furnish architectural or engineering services to the 29,055
municipal corporation, township, or county, and such authority is 29,056
exercised pursuant to such contract; 29,057
(c) Officers or employees of any other municipal 29,059
corporation, township, county, health district, or other 29,060
political subdivision, or persons or employees of persons, firms, 29,061
or corporations under contract with the same pursuant to division 29,062
(E)(1)(b) of this section, when such other municipal corporation, 29,063
township, county, health district, or other political subdivision 29,064
is under contract to furnish architectural or engineering 29,065
services to the municipal corporation, township, or county, and 29,066
such authority is exercised pursuant to such contract. 29,067
(2) Enforcement authority for inspections may be 29,069
exercised, and inspections may be made, on behalf of a municipal 29,070
corporation, township, or county, by any of the following who are 29,071
certified by the board of building standards: 29,072
(a) Officers or employees of the municipal corporation, 29,074
township, or county; 29,075
(b) Persons, or employees of persons, firms, or 29,077
corporations, when such persons, firms, or corporations are under 29,078
contract to furnish inspection services to the municipal 29,079
corporation, township, or county, and such authority is exercised 29,080
pursuant to such contract; 29,081
(c) Officers or employees of any other municipal 29,083
corporation, township, county, health district, or other 29,084
political subdivision under contract to furnish inspection 29,085
services to the municipal corporation, township, or county, when 29,086
such authority is exercised pursuant to such contract. 29,087
(3) Municipal, township, and county building departments 29,089
shall have jurisdiction within the meaning of sections 3781.03 29,090
and 3791.04 of the Revised Code, only with respect to the types 29,091
660
of buildings and subject matters as to which they have been 29,092
certified under this section and as to which such certification 29,093
remains in effect. 29,094
(4) Such certification shall be upon application by the 29,096
municipal corporation, the board of township trustees, or the 29,097
board of county commissioners and approval of such application by 29,098
the board of building standards. Such application shall set 29,099
forth: 29,100
(a) The types of building occupancies as to which the 29,102
certification is requested; 29,103
(b) The number and qualifications of the staff composing 29,105
the building department; 29,106
(c) The names, addresses, and qualifications of persons, 29,108
firms, or corporations contracting to furnish work or services 29,109
pursuant to divisions (E)(1)(b) and (2)(b) of this section; 29,110
(d) The names of other municipal corporations, townships, 29,112
counties, health districts, or other political subdivisions 29,113
contracting to furnish work or services pursuant to divisions 29,114
(E)(1)(c) and (2)(c) of this section; 29,115
(e) The proposed budget for the operation of such 29,117
department. 29,118
(5) The board of building standards shall adopt rules 29,120
governing: 29,121
(a) The certification of building department personnel and 29,123
of those persons and employees of persons, firms, or corporations 29,124
exercising authority pursuant to divisions (E)(1) and (2) of this 29,125
section. Any employee of the department or person who contracts 29,126
for services with the department is disqualified from performing 29,127
services for the department when the same would require the 29,128
employee or person to pass upon, inspect, or otherwise exercise 29,130
any authority given by the Ohio building code over any labor, 29,131
material, or equipment furnished by the employee or person for 29,132
the construction, alteration, or maintenance of a building or the 29,134
preparation of working drawings or specifications for work within 29,135
661
the jurisdictional area of the department. The department shall 29,136
provide other similarly qualified personnel to enforce the 29,137
requirements of the Ohio building code as it pertains to such 29,138
work.
(b) The minimum services to be provided by a certified 29,140
building department. 29,141
(6) Such certification may be revoked or suspended with 29,143
respect to any or all of the building occupancies to which it 29,144
relates on petition to the board of building standards by any 29,145
person affected by such enforcement or approval of plans, or by 29,146
the board on its own motion. Hearings shall be held and appeals 29,147
permitted on any such proceedings for certification or for 29,148
revocation or suspension of certification in the same manner as 29,149
provided in section 3781.101 of the Revised Code for other 29,150
proceedings of the board of building standards. 29,151
(7) Upon certification, and until such authority is 29,153
revoked, county and township building departments shall enforce 29,154
such rules over those occupancies listed in the application 29,155
without regard to limitation upon the authority of boards of 29,156
county commissioners under Chapter 307. of the Revised Code or 29,157
boards of township trustees under Chapter 505. of the Revised 29,158
Code. 29,159
(F) Conduct such hearings, in addition to those required 29,161
by sections 3781.06 to 3781.18 and 3791.04 of the Revised Code, 29,162
and make such investigations and tests, and require from other 29,163
state departments, officers, boards, and commissions such 29,164
information as the board considers necessary or desirable in 29,165
order to assist it in the discharge of any duty or in the 29,166
exercise of any power mentioned in this section or in sections 29,167
3781.06 to 3781.18 and 3791.04 of the Revised Code; 29,168
(G) Formulate rules and establish reasonable fees for the 29,170
review of all applications submitted where the applicant applies 29,171
for authority to use a new material, assembly, or product of a 29,172
manufacturing process. The fee established shall bear some 29,173
662
reasonable relationship to the cost of such review or testing of 29,174
the materials, assembly, or products submitted and notification 29,175
of approval or disapproval as provided in section 3781.12 of the 29,176
Revised Code. 29,177
(H) Compile and publish, in the form of a model code, 29,179
rules pertaining to one-family, two-family, and three-family 29,180
dwelling houses that any municipal corporation, township, or 29,182
county may incorporate into its building code;
(I) Cooperate with the director of human JOB AND FAMILY 29,184
services when the director promulgates rules pursuant to section 29,185
5104.05 of the Revised Code regarding safety and sanitation in 29,186
type A family day-care homes; 29,187
(J) Adopt rules to implement the requirements of section 29,189
3781.108 of the Revised Code. 29,190
Sec. 3793.051. The department of alcohol and drug 29,199
addiction services, in conjunction with the department of human 29,200
JOB AND FAMILY services, shall develop a joint state plan to 29,201
improve the accessibility and timeliness of alcohol and drug 29,202
addiction services for individuals identified by a public 29,203
children services agency as in need of those services. The plan
shall address the fact that Ohio works first participants may be 29,205
among the persons receiving services under section 340.15 of the 29,206
Revised Code and shall require the department of human JOB AND
FAMILY services to seek federal funds available under Title IV-A 29,207
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 29,208
301, as amended, for the provision of the services to Ohio works 29,209
first participants who are receiving services under section 29,210
340.15 of the Revised Code.
The plan shall address the need and manner for sharing 29,213
information and include a request for the general assembly to 29,214
appropriate an amount of funds specified in the report to be used 29,215
by the departments to pay for services under section 340.15 of 29,216
the Revised Code. The departments shall review and amend the 29,219
plan as necessary.
663
Not later than the first day of July of each even-numbered 29,222
year, the departments shall submit a report on the progress made 29,223
under the joint state plan to the governor, president of the 29,224
senate, and speaker of the house of representatives. The report 29,225
shall include information on treatment capacity, needs 29,226
assessments, and number of individuals who received services 29,227
pursuant to section 340.15 of the Revised Code. 29,228
Sec. 3793.07. (A) As used in this section: 29,238
(1) "Medicare program" means the program established under 29,240
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 29,241
U.S.C. 301, as amended; 29,242
(2) "Medicaid program" means the program established under 29,244
Title XIX of the "Social Security Act." 29,245
(B) Except as otherwise provided in this section, the 29,247
department of alcohol and drug addiction services shall accept 29,248
the certification or credentials of an individual who is a member 29,249
of the profession of alcoholism counseling, drug abuse 29,250
counseling, or chemical dependency counseling, or an individual 29,251
who is an alcoholism or drug abuse prevention consultant or 29,252
specialist only if the individual is certified by or holds 29,253
credentials from the Ohio credentialing board for chemical 29,255
dependency professionals.
(C) The department of alcohol and drug addiction services, 29,257
in cooperation with the department of human JOB AND FAMILY 29,258
services and the Ohio credentialing board for chemical dependency 29,259
professionals, shall prepare and submit to the federal agency 29,260
responsible for administration of the medicare and medicaid 29,261
programs a request that the agency accept for the purposes of 29,262
reimbursement under those programs the certifications made and 29,263
credentials issued by the Ohio credentialing board for chemical 29,264
dependency professionals. If the request is denied, the 29,265
department of alcohol and drug addiction services shall assist 29,266
the Ohio credentialing board for chemical dependency
professionals in any actions taken by the board to establish 29,268
664
standards that will be accepted by the federal agency and, in 29,269
cooperation with the department of human JOB AND FAMILY services,
shall submit additional requests to the federal agency for 29,270
approval of the board's standards. If the board changes its 29,271
standards in order to obtain the approval of the federal agency, 29,272
the changes shall apply only to certifications made and 29,273
credentials issued after the effective date of the change and 29,274
shall not affect the validity for the purposes of this section or 29,275
section 4757.41 of the Revised Code of certifications made or 29,276
credentials issued prior to that date. Nothing in this section 29,277
shall be construed as requiring such certification or credentials 29,278
for services that are not reimbursed by medicare or medicaid. 29,279
(D) If the director of alcohol and drug addiction finds 29,281
that the public interest is not being served by acceptance of 29,283
certifications and credentials issued by the Ohio credentialing 29,284
board for chemical dependency professionals, the director shall 29,285
make a written request to the council on alcohol and drug 29,286
addiction services for authority for the department to establish 29,287
a certification or credentialing program or accept certifications 29,288
or credentials from an entity designated by the department. 29,289
If it determines that there is substantial evidence to 29,291
support the director's finding, the council, by resolution, shall 29,292
authorize the department to establish a certification or 29,293
credentialing program or to accept certifications or credentials 29,294
from an entity designated by the department, or both. The 29,295
council shall issue copies of its resolution to the director and 29,296
to the Ohio credentialing board for chemical dependency 29,297
professionals.
On receipt of the resolution, the department shall, by 29,299
rule adopted pursuant to Chapter 119. of the Revised Code, 29,300
establish a certification or credentialing program or designate 29,301
an entity from which it will accept certifications or 29,302
credentials, or both. The rules are not subject to the council's 29,303
review. The rules shall include standards for certification or 29,305
665
issuance of credentials. The rules shall specify the date on 29,306
which the program established by the department is authorized to 29,307
certify or issue credentials to individuals or on which the 29,308
department will accept certification or credentials of the 29,309
designated entity.
Certifications made and credentials issued by the Ohio 29,311
credentialing board for chemical dependency professionals prior 29,312
to that date shall continue to be accepted by the department 29,313
after that date.
Sec. 3793.15. (A) The department of alcohol and drug 29,323
addiction services, in accordance with division (B) of this 29,324
section, shall give priority to developing, and promptly shall 29,325
develop, with available public and private resources a program 29,326
that does all of the following: 29,327
(1) Provides a manner of identifying the aggregate number 29,329
of pregnant women in this state who are addicted to a drug of 29,330
abuse; 29,331
(2) Provides for an effective means of intervention to 29,333
eliminate the addiction of pregnant women to drugs of abuse prior 29,334
to the birth of their children; 29,335
(3) Provides for the continued monitoring of women who 29,337
were addicted to a drug of abuse during their pregnancies, after 29,338
the birth of their children, and for the availability of 29,339
treatment and rehabilitation for those women; 29,340
(4) Provides a manner of determining the aggregate number 29,342
of children who are born in this state to women who are addicted, 29,343
at the time of birth, to a drug of abuse, and of children who are 29,344
born in this state with an addiction to or a dependency on a drug 29,345
of abuse; 29,346
(5) Provides for the continued monitoring of children who 29,348
are born in this state to women who are addicted, at the time of 29,349
birth, to a drug of abuse, or who are born in this state with an 29,350
addiction to or dependency on a drug of abuse, after their birth; 29,351
(6) Provides for the treatment and rehabilitation of any 29,353
666
child who is born to a woman who is addicted, at the time of 29,354
birth, to a drug of abuse, and of any child who is born with an 29,355
addiction to or dependency on a drug of abuse. 29,356
(B) In developing the program described in division (A) of 29,358
this section, the department may obtain information from the 29,359
department of health and the department of human JOB AND FAMILY 29,360
services, and those departments shall cooperate with the 29,361
department of alcohol and drug addiction services in its 29,362
development and implementation of the program. 29,363
(C) Immediately upon its development of the program 29,365
described in division (A) of this section, the department shall 29,366
implement the program. 29,367
(D) Any record or information that is obtained or 29,369
maintained by the department in connection with the program 29,370
described in division (A) of this section and could enable the 29,371
identification of any woman or child described in division (A)(1) 29,372
or (4) of this section is not a public record subject to 29,373
inspection or copying under section 149.43 of the Revised Code. 29,374
Sec. 3923.50. For the purposes of the Ohio long-term care 29,383
insurance program established under section 5111.18 of the 29,384
Revised Code, the department of insurance shall notify the 29,385
department of human JOB AND FAMILY services of all long-term care 29,386
insurance policies that meet all of the following requirements: 29,387
(A) Comply with sections 3923.41 to 3923.48 of the Revised 29,389
Code and the rules adopted under section 3923.47 of the Revised 29,390
Code; 29,391
(B) Provide benefits for home and community-based services 29,393
in addition to nursing home care; 29,394
(C) Include case management services in its coverage of 29,396
home and community-based services; 29,397
(D) Provide five per cent inflation protection compounded 29,399
annually; 29,400
(E) Provide for the keeping of records and 29,402
explanation-of-benefit reports on insurance payments that count 29,403
667
toward resource exclusion for the medical assistance program; 29,404
(F) Provide the information the director of human JOB AND 29,406
FAMILY services determines is necessary to document the extent of 29,407
resource exclusion and to evaluate the Ohio long-term care 29,408
insurance program; 29,409
(G) Comply with other requirements established in rules 29,411
adopted under this section. 29,412
The superintendent of insurance shall adopt rules in 29,414
accordance with Chapter 119. of the Revised Code establishing 29,415
requirements under division (G) of this section that policies 29,416
must meet to qualify under the Ohio long-term care insurance 29,417
program. The superintendent shall consult with the departments 29,418
of aging and human JOB AND FAMILY services in adopting those 29,419
rules.
Sec. 3924.42. No health insurer shall impose requirements 29,428
on the department of human JOB AND FAMILY services, when it has 29,429
been assigned the rights of an individual who is eligible for 29,430
medical assistance under Chapter 5111. of the Revised Code and
who is covered under a health care policy, contract, or plan 29,431
issued by the health insurer, that are different from the 29,432
requirements applicable to an agent or assignee of any other 29,433
individual so covered.
Sec. 3924.47. If a child has health care coverage through 29,442
a health insurer of a noncustodial parent, the health insurer 29,443
shall do all of the following:
(A) Provide such information to the custodial parent of 29,445
the child as may be necessary for the child to obtain benefits 29,446
through the coverage;
(B) Permit the custodial parent, or a provider with the 29,448
approval of the custodial parent, to submit claims for covered 29,449
services without the approval of the noncustodial parent; 29,450
(C) Make payment on claims submitted in accordance with 29,452
division (B) of this section directly to the custodial parent, 29,453
the provider, or the department of human JOB AND FAMILY services. 29,454
668
Sec. 3929.721. (A) The superintendent of insurance may 29,463
dissolve, in accordance with this section, the joint underwriting 29,464
association created under section 3929.72 of the Revised Code and 29,465
the board of governors of the association. 29,466
(B) The superintendent shall submit a proposed plan for 29,468
dissolution of the association and the board of governors to the 29,469
board for its approval. The plan, at a minimum, shall do all of 29,470
the following: 29,471
(1) Require that any remaining liability under any policy 29,473
issued by the association be reinsured with one or more insurers 29,474
authorized to assume such liability. The association shall pay 29,475
the premium for such reinsurance. 29,476
(2) Provide for the payment of any remaining expenses of 29,478
the association; 29,479
(3) Require that any remaining funds of the association, 29,481
excluding moneys in or in an account of the stabilization reserve 29,482
fund created by former section 3929.74 of the Revised Code, be 29,483
paid, by certified check, cashier's check, or wire transfer 29,484
payable to the treasurer of state, to the state treasury to the 29,485
credit of the general revenue fund for purposes of providing 29,486
moneys to support the general assembly's appropriation to the 29,487
department of human JOB AND FAMILY services for the state's share 29,488
of health care. The board shall take whatever action is 29,489
necessary to effect this payment of funds. 29,490
(4) Set forth the date of the dissolution of the board; 29,492
(5) Set forth any other conditions necessary for the 29,494
dissolution of the association. 29,495
(C) If the board of governors approves the plan for 29,497
dissolution submitted under division (B) of this section and if 29,498
the superintendent finds that the liabilities of the association 29,499
have been extinguished or reinsured and all other conditions set 29,500
forth in the plan have been met, the superintendent shall issue 29,501
an order dissolving the association and the board and setting 29,502
forth the date of the dissolution of each. 29,503
669
(D)(1) The following shall not incur or suffer any 29,505
liability whatsoever to any person by reason of actions taken in 29,506
order to comply with this section: 29,507
(a) The joint underwriting association; 29,509
(b) The board of governors of the joint underwriting 29,511
association or any member of the board; 29,512
(c) The agents or employees of the joint underwriting 29,514
association; 29,515
(d) The superintendent; 29,517
(e) Any other state officer responsible for the care and 29,519
custody of the funds of the joint underwriting association; 29,520
(f) The Ohio fair plan underwriting association, the board 29,522
of governors of the association, any member of the board, or any 29,523
of the association's members, officers, employees, or agents, 29,524
acting in accordance with the terms of any contract entered into 29,526
under division (A) of section 3929.482 of the Revised Code or any 29,528
contract entered into pursuant to the terms of the plan for
dissolution established under this section. 29,530
(2) Any action that, but for division (D)(1) of this 29,532
section, could have been brought against any association, board, 29,533
or person described in division (D)(1) of this section shall be 29,534
brought against the state of Ohio. 29,535
Sec. 4109.01. As used in this chapter: 29,544
(A) "Employ" means to permit or suffer to work. 29,546
(B) "Employer" means the state, its political 29,548
subdivisions, and every person who employs any individual. 29,549
(C) "Enforcement official" means the administrator 29,551
DIRECTOR of the bureau of employment services COMMERCE or his THE 29,553
DIRECTOR'S authorized representative, the superintendent of 29,554
public instruction or his THE SUPERINTENDENT'S authorized 29,557
representative, any school attendance officer, any probation
officer, the director of health or his THE DIRECTOR OF HEALTH'S 29,558
authorized representative, and any representative of a local 29,561
department of health.
670
(D) "Minor" means any person less than eighteen years of 29,563
age.
Sec. 4109.05. (A) The administrator DIRECTOR of the 29,572
bureau of employment services COMMERCE, after consultation with 29,574
the director of health, shall adopt rules, in accordance with 29,575
Chapter 119. of the Revised Code, prohibiting the employment of 29,576
minors in occupations which are hazardous or detrimental to the 29,577
health and well-being of minors.
In adopting the rules, the administrator DIRECTOR OF 29,579
COMMERCE shall consider the orders issued pursuant to the "Fair 29,581
Labor Standards Act of 1938," 52 Stat,. 1060, 29 U.S.C. 201, as 29,582
amended.
(B) No minor may be employed in any occupation found 29,584
hazardous or detrimental to the health and well-being of minors 29,585
under the rules adopted pursuant to division (A) of this section. 29,586
Sec. 4109.08. (A) No minor shall be employed unless the 29,595
employer keeps on the premises a complete list of all minors 29,596
employed by the employer at a particular establishment and a 29,597
printed abstract to be furnished by the bureau DIRECTOR of 29,598
employment services COMMERCE summarizing the provisions of this 29,600
chapter.
The list and abstract shall be posted in plain view in a 29,602
conspicuous place which is frequented by the largest number of 29,603
minor employees, and to which all minor employees have access. 29,604
(B) An enforcement official may require any employer, in 29,606
or about whose establishment an employee apparently under 29,607
eighteen years of age is employed and whose age and schooling 29,608
certificate is not filed as required by section 4109.02 of the 29,609
Revised Code, to furnish the enforcement official satisfactory 29,610
evidence that the employee is in fact eighteen years of age or 29,611
older. The enforcement official shall require from the employer, 29,612
unless an over-age certificate issued in accordance with section 29,613
3331.15 of the Revised Code is held by the employee, the same 29,614
evidence of age of the employee as is required by section 3331.02 29,615
671
of the Revised Code upon the issuance of an age and schooling 29,616
certificate. No employer shall fail to produce the evidence. 29,617
(C) Any employee apparently under eighteen years of age, 29,619
working in any occupation or establishment with respect to which 29,620
there are restrictions by rule or law governing the employment of 29,621
minors, with respect to whom the employer has not furnished 29,622
satisfactory evidence that the person is at or above the age 29,623
required for performance of employment with the employer after 29,624
being requested to do so, and who refuses to give to an 29,625
enforcement official his THE EMPLOYEE'S name, age, and place of 29,626
residence may be taken into custody and charged with being an 29,628
unruly child or other appropriate charge under Chapter 2151. of 29,629
the Revised Code.
(D) No person shall, with the intent to assist a minor to 29,631
procure employment, make a false statement to any employer or to 29,632
any person authorized to issue an age and schooling certificate. 29,633
Sec. 4109.11. Every employer shall keep a time book or 29,642
other written records which shall state the name, address, and 29,643
occupation of each minor employed, the number of hours worked by 29,644
such minor on each day of the week, the hours of beginning and 29,645
ending work, the hours of beginning and ending meal periods, and
the amount of wages paid each pay period to each minor. The 29,646
administrator DIRECTOR of the bureau of employment services 29,648
COMMERCE or his THE DIRECTOR'S authorized representative shall 29,650
have access to and the right to copy from the time book or 29,651
records. Records shall be kept for a period of two years. No 29,652
employer shall fail to keep such time book or records, or 29,653
knowingly make false statements therein, or refuse to make the
time book and records accessible, upon request, to the 29,654
administrator DIRECTOR or his THE DIRECTOR'S authorized 29,657
representative.
Sec. 4109.12. (A) No person shall continue to employ any 29,666
minor in violation of any law relating to the employment of 29,667
minors after being notified of the violation in writing by the 29,668
672
administrator DIRECTOR of the bureau of employment services 29,670
COMMERCE or other enforcement official.
Failure of the administrator DIRECTOR or other enforcement 29,672
official to give such notice does not excuse or negate a 29,674
conviction for any offense except a violation of this division. 29,675
(B) No employer shall employ, and no person having under 29,677
his THE PERSON'S control as parent, guardian, or custodian, any 29,679
minor, shall permit or suffer a minor to be employed in violation 29,680
of any law relating to the employment of minors for which a 29,681
penalty is not otherwise provided by law.
Sec. 4109.13. (A) The administrator DIRECTOR of the 29,690
bureau of employment services COMMERCE shall designate 29,691
enforcement officials to enforce this chapter. 29,692
(B) An enforcement official shall, upon discovery of a 29,694
violation of this chapter and after notice to the employer, make 29,695
a complaint against the offending employer in any court of 29,697
competent jurisdiction.
(C) Enforcement officials shall make complaint by filing a 29,699
complaint before a court having competent jurisdiction against 29,700
any person violating any law relating to the employment of 29,701
minors. This section shall not be construed to limit the right 29,702
of other persons to make such complaints. 29,703
(D) County courts, municipal courts, and juvenile courts 29,705
have jurisdiction to try offenses under this chapter and section 29,706
3321.38 of the Revised Code. 29,707
(E) No person or enforcement official instituting 29,709
proceedings under this section shall be required to file or give 29,710
security for the costs. If a defendant is acquitted, the judge, 29,711
police judge, or juvenile judge before whom the case is brought 29,712
shall certify the costs to the county auditor, who shall examine 29,713
the amount and, if necessary, correct it; and shall issue his A 29,714
warrant on the county treasurer in favor of the persons to whom 29,715
costs are due. 29,716
(F) Fines collected for violations of this chapter and 29,718
673
section 3321.38 of the Revised Code shall be paid into the funds 29,719
of the school district in which the offense was committed. 29,720
Sec. 4109.21. (A) No employer shall employ any minor who 29,729
is under sixteen years of age in any door-to-door sales activity 29,730
unless that employer is registered pursuant to this section and 29,731
otherwise is in compliance with the requirements of this chapter. 29,732
(B) To obtain registration as a door-to-door employer, an 29,734
employer shall apply to the administrator DIRECTOR of the bureau 29,736
of employment services COMMERCE, on forms provided by the 29,738
administrator DIRECTOR. The application form shall include all 29,739
of the following:
(1) The name, principal business address, and telephone 29,741
number of the applicant. If the applicant is a partnership or 29,742
association, the names of all the members also shall be stated 29,743
and, if the applicant is a corporation, the names of its 29,744
president and each of its officers also shall be stated. 29,745
(2) A certification that the applicant and its employees: 29,747
(a) Are in compliance with and will comply with all 29,749
applicable Ohio and federal laws and regulations relating to the 29,750
employment of minors; 29,751
(b) Will provide at least one supervisor who is over the 29,753
age of eighteen, for each six minor employees, WHO is at all 29,754
times available and responsible for assuring the minor's 29,755
well-being, and who remains in the general area and in visual 29,756
contact with each minor employed in door-to-door sales activities 29,757
at least once every twenty minutes; 29,758
(c) Will require all minors to work at least in pairs with 29,760
others who are engaged in substantially the same activity, 29,761
employing insofar as possible canvassing techniques that keep the 29,762
persons working in pairs in close proximity and view of each 29,763
other; 29,764
(d) Are in compliance with Ohio's motor vehicle financial 29,766
responsibility, workers' compensation, unemployment compensation, 29,767
and all other applicable laws; and 29,768
674
(e) Will not employ any minor who does not have an 29,770
appropriate age and schooling certificate if that minor is 29,771
required by Ohio law to have the certificate to be employed. 29,772
(3) A certification, as evidenced by a current official 29,774
inspection sticker issued by the Ohio state highway patrol, that 29,775
each motor vehicle used by the applicant and the applicant's 29,776
employees for the purpose of transport of minors for door-to-door 29,777
sales activities complies with all applicable motor vehicle 29,778
safety laws; 29,779
(4) A certification that any person who transports by 29,781
motor vehicle minors for purposes of door-to-door sales 29,782
activities possesses a valid and properly issued Ohio motor 29,783
vehicle driver's license, which license is not under suspension. 29,784
(C)(1) The administrator DIRECTOR shall issue a 29,786
registration to each applicant who satisfactorily submits an 29,788
application pursuant to this section and otherwise meets all of 29,789
the requirements of this section. If the administrator DIRECTOR 29,790
fails to issue or deny a registration or its renewal within 29,792
fifteen days of submission of the application or renewal, the 29,793
applicant is deemed registered under this section. Each 29,794
registration expires one year after its issuance. To obtain a 29,795
renewal of registration, the holder of the registration shall 29,796
apply for renewal to the administrator DIRECTOR according to the 29,798
procedures of division (B) of this section for the initial
issuance of the registration. 29,799
(2) Each employer issued a registration pursuant to this 29,801
section shall provide each minor employee who is engaged in 29,802
door-to-door sales, prior to beginning employment with the 29,803
employer, an identification card in a form prescribed by the 29,804
administrator DIRECTOR. The card shall include, at a minimum, a 29,805
picture of the minor employee, the minor employee's name, the 29,807
name and address of the employer, a statement that the employer 29,808
is registered with the bureau DIRECTOR of employment services 29,810
COMMERCE, and the employer's registration number. 29,811
675
(D) The administrator DIRECTOR, pursuant to a hearing 29,813
conducted in accordance with Chapter 119. of the Revised Code, 29,814
may refuse to issue or renew a door-to-door sales registration or 29,816
revoke a door-to-door sales registration if the administrator 29,817
DIRECTOR determines that the applicant, registrant, any member of 29,819
an applicant's or registrant's partnership or association, or any 29,820
officer or employee of an applicant or registrant has done any of 29,821
the following:
(1) Obtained or attempted to obtain his A registration by 29,823
fraud or misrepresentation; 29,824
(2) Been guilty of gross misconduct in the pursuit of his 29,826
THE DOOR-TO-DOOR SALES profession; 29,828
(3) Violated or is threatening to violate any provision of 29,830
this or any other state or federal law or regulation which 29,831
regulates the employment of minors. 29,832
(E) No employer whose registration has been revoked under 29,834
this section may apply for registration for two years from the 29,835
date of the revocation. The administrator DIRECTOR may require 29,836
such employer upon application for a registration to meet 29,839
conditions in addition to those provided in this section for 29,840
registration and renewal as the administrator DIRECTOR determines 29,841
necessary to safeguard the interests of minors to be employed by 29,844
the employer.
(F) No employer may employ: 29,846
(1) Any minor who is under sixteen years of age in any 29,848
door-to-door sales activity before seven a.m. or after seven p.m. 29,849
or during school hours except where specifically permitted by 29,850
this chapter; 29,851
(2) Any minor who is sixteen or seventeen years of age in 29,853
any door-to-door sales activity before seven a.m. or after eight 29,854
p.m. or during school hours except where specifically permitted 29,855
by this chapter. 29,856
(G) As used in this section, "door-to-door sales activity" 29,858
means any activity involving selling or offering to sell any 29,859
676
candy, cookies, flowers, newspapers, magazines, newspaper or 29,860
magazine subscriptions, household cleaning products, or any other 29,861
merchandise or commodity at a place of business other than the 29,862
employer's place of business but does not mean any such activity 29,863
conducted in connection with a bona fide educational, charitable, 29,864
or religious activity or for a newspaper subscription drive 29,865
provided that the minor also is engaged in the delivery of 29,866
newspapers to the consumer for the newspaper in which the 29,867
subscription drive is conducted and further provided that the 29,868
subscription drive is supervised by an individual who is eighteen 29,869
years of age or older and an employee of the newspaper's 29,870
subscription drive. 29,871
Sec. 4111.01. As used in sections 4111.01 to 4111.17 of 29,880
the Revised Code: 29,881
(A) "Wage" means compensation due to an employee by reason 29,883
of employment, payable in legal tender of the United States or 29,885
checks on banks convertible into cash on demand at full face
value, subject to the deductions, charges, or allowances 29,886
permitted by rules of the administrator DIRECTOR of the bureau of 29,888
employment services COMMERCE under section 4111.05 of the Revised 29,889
Code. "Wage" includes an employee's commissions of which the 29,890
employee's employer keeps a record, but does not include 29,891
gratuities, except as provided by rules issued under section 29,892
4111.05 of the Revised Code.
"Wage" also includes the reasonable cost to the employer of 29,894
furnishing to an employee board, lodging, or other facilities, if 29,895
the board, lodging, or other facilities are customarily furnished 29,896
by the employer to the employer's employees. The cost of board, 29,898
lodging, or other facilities shall not be included as part of
wage to the extent excluded therefrom under the terms of a bona 29,899
fide collective bargaining agreement applicable to the employee. 29,900
(B) "Employ" means to suffer or to permit to work. 29,902
(C) "Employer" means the state of Ohio, its 29,904
instrumentalities, and its political subdivisions and their 29,905
677
instrumentalities, any individual, partnership, association, 29,906
corporation, business trust, or any person or group of persons, 29,907
acting in the interest of an employer in relation to an employee, 29,908
but does not include an employer whose annual gross volume of 29,909
sales made for business done is less than one hundred fifty 29,910
thousand dollars, exclusive of excise taxes at the retail level 29,911
which are separately stated. 29,912
(D) "Employee" means any individual employed by an 29,914
employer but does not include: 29,915
(1) Any individual employed by the United States; 29,917
(2) Any individual employed as a baby-sitter in the 29,919
employer's home, or a live-in companion to a sick, convalescing, 29,920
or elderly person whose principal duties do not include 29,921
housekeeping; 29,922
(3) Any individual engaged in the delivery of newspapers 29,924
to the consumer; 29,925
(4) Any individual employed as an outside salesperson 29,927
compensated by commissions or in a bona fide executive, 29,928
administrative, or professional capacity as such terms are 29,929
defined by the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29,930
29 U.S.C.A. 201, as amended; 29,931
(5) Any employee employed in agriculture if the employee 29,933
is employed by an employer who did not, during any calendar 29,934
quarter during the preceding calendar year, use more than five 29,935
hundred worker-days of agricultural labor, or if the employee is 29,937
the parent, spouse, child, or other member of the employer's 29,938
immediate family;
(6) Any individual who works or provides personal services 29,940
of a charitable nature in a hospital or health institution for 29,941
which compensation is not sought or contemplated; 29,942
(7) A member of a police or fire protection agency or 29,944
student employed on a part-time or seasonal basis by a political 29,945
subdivision of this state; 29,946
(8) Any individual in the employ of a camp or recreational 29,948
678
area for children under eighteen years of age and owned and 29,949
operated by a nonprofit organization or group of organizations 29,950
described in Section 501 (c)(3) of the "Internal Revenue Code of 29,951
1954," and exempt from income tax under Section 501 (a) of that 29,952
code; 29,953
(9) Any individual employed directly by the house of 29,955
representatives or directly by the senate. 29,956
(E) "Occupation" means any occupation, service, trade, 29,958
business, industry, or branch or group of industries or 29,959
employment or class of employment in which individuals are 29,960
employed. 29,961
Sec. 4111.03. (A) An employer shall pay an employee for 29,970
overtime at a wage rate of one and one-half times the employee's 29,971
wage rate for hours worked in excess of forty hours in one 29,972
workweek, in the manner and methods provided in and subject to 29,974
the exemptions of section 7 and section 13 of the "Fair Labor 29,975
Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as
amended. 29,976
Any employee employed in agriculture shall not be covered 29,978
by the overtime provision of this section. 29,979
(B) For the purposes of this section, the number of hours 29,981
worked by a county employee in any one workweek shall be deemed 29,982
to include, in addition to hours actually worked, all periods in 29,983
an active pay status. 29,984
(C) If a county employee elects to take compensatory time 29,986
off in lieu of overtime pay, for any overtime worked, such 29,987
compensatory time may be granted by his THE EMPLOYEE'S 29,988
administrative superior, on a time and one-half basis, at a time 29,990
mutually convenient to the employee and the administrative 29,991
superior within one hundred eighty days after the overtime is 29,992
worked.
(D) A county appointing authority with the exception of 29,994
the county department of human JOB AND FAMILY services may, by 29,995
rule or resolution as is appropriate, indicate the authority's 29,997
679
intention not to be bound by division (B) or (C) of this section, 29,998
and to adopt a different policy for the calculation and payment 29,999
of overtime that is embodied in those divisions. Upon adoption, 30,000
the alternative policy prevails. Prior to the adoption of an 30,001
alternative overtime policy, the county appointing authority with 30,002
the exception of the county department of human JOB AND FAMILY 30,003
services shall give a written notice of the alternative policy to 30,005
each employee at least ten days prior to the effective date of 30,006
the policy.
Sec. 4111.04. The administrator DIRECTOR of the bureau of 30,015
employment services COMMERCE may: 30,016
(A) Investigate and ascertain the wages of persons 30,018
employed in any occupation in the state; 30,019
(B) Enter and inspect the place of business or employment 30,021
of any employer for the purpose of inspecting any books, 30,022
registers, payrolls, or other records of the employer that in any 30,023
way relate to the question of wages, hours, and other conditions 30,024
of employment of any employees, and may question the employees
for the purpose of ascertaining whether sections 4111.01 to 30,025
4111.17 of the Revised Code, and the rules adopted thereunder, 30,026
have been and are being obeyed. In conducting his AN inspection 30,027
of the records of an employer, the administrator DIRECTOR shall 30,028
make every effort to coordinate his THE inspection with those 30,031
conducted by the federal agency responsible for enforcement of
the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29 30,032
U.S.C.A. 201, as amended. If the federal agency has completed an 30,033
audit or examination of the employer's records within the sixty 30,034
days prior to the date the administrator DIRECTOR notifies the 30,036
employer of his THE DIRECTOR'S intent to examine the employer's 30,037
records, the administrator DIRECTOR shall accept in lieu of his 30,038
THE DIRECTOR'S own inspection, a report from the federal agency 30,041
that the employer is in compliance with the federal act, unless
the administrator DIRECTOR has reasonable grounds for believing 30,042
that the report is inaccurate or incomplete for the purposes of 30,044
680
sections 4111.01 to 4111.13 of the Revised Code, or that events 30,045
occurring since the audit give the administrator DIRECTOR 30,046
reasonable grounds for believing that a violation of sections 30,047
4111.01 to 4111.13 of the Revised Code has occurred. 30,048
(C) In the event he THE DIRECTOR is prohibited by any 30,050
employer from carrying out the intent of this section, he THE 30,052
DIRECTOR may apply to any court of common pleas having 30,053
jurisdiction of that employer or the place of employment under 30,054
investigation, for an order directing compliance with this 30,055
section. Failure of the employer to obey the order of the court 30,056
may be punished by said court as a contempt thereof. 30,057
Sec. 4111.05. The administrator DIRECTOR of the bureau of 30,066
employment services COMMERCE shall adopt rules in accordance with 30,068
Chapter 119. of the Revised Code as he THE DIRECTOR considers 30,069
appropriate to carry out the purposes of sections 4111.01 to 30,070
4111.17 of the Revised Code. The rules may be amended from time 30,071
to time and may include, but are not limited to, rules defining 30,072
and governing apprentices, their number, proportion, and length 30,073
of service; bonuses and special pay for special or extra work; 30,074
permitted deductions or charges to employees for board, lodging, 30,075
apparel, or other facilities or services customarily furnished by 30,076
employers to employees; inclusion of ascertainable gratuities in 30,077
wages paid; allowances for unascertainable gratuities or for 30,078
other special conditions or circumstances which may be usual in 30,079
particular employer-employee relationships; and the method of 30,080
computation or the period of time over which wages may be 30,081
averaged to determine whether the minimum wage or overtime rate 30,082
has been paid.
Sec. 4111.06. In order to prevent curtailment of 30,091
opportunities for employment, to avoid undue hardship, and to 30,092
safeguard the minimum wage rates under sections 4111.01 to 30,093
4111.17 of the Revised Code, the administrator DIRECTOR of the 30,094
bureau of employment services COMMERCE shall adopt rules under 30,096
section 4111.05 of the Revised Code, permitting employment in any 30,097
681
occupation at wages lower than the wage rates applicable under 30,098
sections 4111.01 to 4111.17 of the Revised Code, of individuals 30,099
whose earning capacity is impaired by physical or mental
deficiencies or injuries. The rules shall provide for licenses 30,100
to be issued authorizing employment at the wages of specific 30,101
individuals or groups of employees, or by specific employers or 30,102
groups of employers, pursuant to the rules. The rules shall not 30,103
conflict with the "Americans with Disabilities Act of 1990," 104 30,104
Stat. 328, 42 U.S.C.A. 12111, et seq.
Sec. 4111.07. The administrator DIRECTOR of the bureau of 30,113
employment services COMMERCE may adopt rules under section 30,115
4111.05 of the Revised Code, permitting employment of apprentices 30,116
at a wage rate not less than eighty-five per cent of the minimum 30,117
wage rate applicable under sections 4111.01 to 4111.17 of the
Revised Code. The rules shall provide for licenses to be issued 30,118
for periods not to exceed ninety days and authorizing employment 30,119
at the wages of specific individuals or groups or OF employees, 30,120
or by specific employers or groups of employers, pursuant to the 30,122
rules.
Sec. 4111.08. Every employer subject to sections 4111.01 30,131
to 4111.17 of the Revised Code, or to any rule adopted 30,132
thereunder, shall make and keep for a period of not less than 30,133
three years a record of the name, address, and occupation of each 30,134
of his THE EMPLOYER'S employees, the rate of pay and the amount 30,135
paid each pay period to each employee, the hours worked each day 30,136
and each work week by the employee, and other information as the 30,137
administrator DIRECTOR of the bureau of employment services 30,139
COMMERCE prescribes by rule as necessary or appropriate for the 30,140
enforcement of sections 4111.01 to 4111.17 of the Revised Code, 30,141
or of the rules thereunder. Records may be opened for inspection 30,142
or copying by the administrator DIRECTOR at any reasonable time. 30,143
Sec. 4111.09. Every employer subject to sections 4111.01 30,152
to 4111.17 of the Revised Code, or to any rules issued 30,153
thereunder, shall keep a summary of the sections, approved by the 30,154
682
administrator DIRECTOR of the bureau of employment services 30,155
COMMERCE, and copies of any applicable rules issued thereunder, 30,156
or a summary of the rules, posted in a conspicuous and accessible 30,157
place in or about the premises wherein any person subject thereto 30,158
is employed. Employees shall be furnished copies of the 30,159
summaries and rules by the state, on request, without charge.
Sec. 4111.10. (A) Any employer who pays any employee less 30,168
than wages to which the employee is entitled under sections 30,169
4111.01 to 4111.17 of the Revised Code, is liable to the employee 30,170
affected for the full amount of the wage rate, less any amount 30,171
actually paid to the employee by the employer, and for costs and 30,172
reasonable attorney's fees as may be allowed by the court. Any
agreement between the employee and the employer to work for less 30,173
than the wage rate is no defense to an action. 30,174
(B) At the written request of any employee paid less than 30,176
the wages to which he THE EMPLOYEE is entitled under sections 30,177
4111.01 to 4111.17 of the Revised Code, the administrator 30,178
DIRECTOR of the bureau of employment services COMMERCE may take 30,180
an assignment of a wage claim in trust for the assigning employee
and may bring any legal action necessary to collect the claim. 30,182
The employer shall pay the costs and reasonable attorney's fees 30,183
allowed by the court.
Sec. 4111.13. (A) No employer shall hinder or delay the 30,192
administrator DIRECTOR of the bureau of employment services 30,194
COMMERCE in the performance of his THE DIRECTOR'S duties in the 30,196
enforcement of sections 4111.01 to 4111.17 of the Revised Code, 30,197
or refuse to admit the administrator DIRECTOR to any place of 30,198
employment, or fail to make, keep, and preserve any records as 30,200
required under those sections, or falsify any of those records, 30,201
or refuse to make them accessible to the administrator DIRECTOR 30,202
upon demand, or refuse to furnish them or any other information 30,203
required for the proper enforcement of those sections to the 30,205
administrator DIRECTOR upon demand, or fail to post a summary of 30,207
those sections or a copy of any applicable rules as required by 30,208
683
section 4111.09 of the Revised Code. Each day of violation
constitutes a separate offense. 30,209
(B) No employer shall discharge or in any other manner 30,211
discriminate against any employee because the employee has made 30,212
any complaint to his THE EMPLOYEE'S employer, or to the 30,214
administrator DIRECTOR, that he THE EMPLOYEE has not been paid 30,215
wages in accordance with sections 4111.01 to 4111.17 of the 30,217
Revised Code, or because the employee has made any complaint or 30,218
is about to cause to be instituted any proceeding under or 30,219
related to those sections, or because the employee has testified
or is about to testify in any proceeding. 30,220
(C) No employer shall pay or agree to pay wages at a rate 30,222
less than the rate applicable under sections 4111.01 to 4111.17 30,223
of the Revised Code. Each week or portion thereof for which the 30,224
employer pays any employee less than the rate applicable under 30,225
those sections constitutes a separate offense as to each
employer. 30,226
(D) No employer shall otherwise violate sections 4111.01 30,228
to 4111.17 of the Revised Code, or any rule adopted thereunder. 30,229
Each day of violation constitutes a separate offense. 30,230
Sec. 4111.17. (A) No employer, including the state and 30,239
political subdivisions thereof, shall discriminate in the payment 30,240
of wages on the basis of race, color, religion, sex, age, 30,241
national origin, or ancestry by paying wages to any employee at a 30,242
rate less than the rate at which he THE EMPLOYER pays wages to 30,243
another employee for equal work on jobs the performance of which 30,244
requires equal skill, effort, and responsibility, and which are 30,245
performed under similar conditions. 30,246
(B) Nothing in this section prohibits an employer from 30,248
paying wages to one employee at a rate different from that at 30,249
which he THE EMPLOYER pays another employee for the performance 30,250
of equal work under similar conditions on jobs requiring equal 30,252
skill, effort, and responsibility, when the payment is made 30,253
pursuant to any of the following: 30,254
684
(1) A seniority system; 30,256
(2) A merit system; 30,258
(3) A system which measures earnings by the quantity or 30,260
quality of production; 30,261
(4) A wage rate differential determined by any factor 30,263
other than race, color, religion, sex, age, national origin, or 30,264
ancestry. 30,265
(C) No employer shall reduce the wage rate of any employee 30,267
in order to comply with this section. 30,268
(D) The administrator DIRECTOR of the bureau of employment 30,271
services COMMERCE shall carry out, administer, and enforce this 30,273
section. Any employee discriminated against in violation of this 30,274
section may sue in any court of competent jurisdiction to recover 30,275
two times the amount of the difference between the wages actually 30,276
received and the wages received by a person performing equal work 30,277
for the employer, from the date of the commencement of the 30,278
violation, and for costs, including attorney fees. The 30,279
administrator DIRECTOR may take an assignment of any such wage 30,281
claim in trust for such employee and sue in his or her THE 30,282
EMPLOYEE'S behalf. In any civil action under this section, two 30,283
or more employees of the same employer may join as co-plaintiffs
in one action. The administrator DIRECTOR may sue in one action 30,284
for claims assigned to him THE DIRECTOR by two or more employees 30,286
of the same employer. No agreement to work for a discriminatory 30,287
wage constitutes a defense for any civil or criminal action to 30,289
enforce this section. No employer shall discriminate against any 30,290
employee because such employee makes a complaint or institutes, 30,291
or testifies in, any proceeding under this section. 30,292
(E) Any action arising under this section shall be 30,294
initiated within one year after the date of violation. 30,295
Sec. 4112.02. It shall be an unlawful discriminatory 30,304
practice:
(A) For any employer, because of the race, color, 30,306
religion, sex, national origin, handicap, age, or ancestry of any 30,307
685
person, to discharge without just cause, to refuse to hire, or 30,308
otherwise to discriminate against that person with respect to 30,309
hire, tenure, terms, conditions, or privileges of employment, or 30,310
any matter directly or indirectly related to employment. 30,311
(B) For an employment agency or personnel placement 30,313
service, because of race, color, religion, sex, national origin, 30,314
handicap, age, or ancestry, to do any of the following: 30,315
(1) Refuse or fail to accept, register, classify properly, 30,317
or refer for employment, or otherwise discriminate against any 30,318
person; 30,319
(2) Comply with a request from an employer for referral of 30,321
applicants for employment if the request directly or indirectly 30,322
indicates that the employer fails to comply with the provisions 30,323
of sections 4112.01 to 4112.07 of the Revised Code. 30,324
(C) For any labor organization to do any of the following: 30,326
(1) Limit or classify its membership on the basis of race, 30,328
color, religion, sex, national origin, handicap, age, or 30,329
ancestry; 30,330
(2) Discriminate against, limit the employment 30,332
opportunities of, or otherwise adversely affect the employment 30,333
status, wages, hours, or employment conditions of any person as 30,334
an employee because of race, color, religion, sex, national 30,335
origin, handicap, age, or ancestry. 30,336
(D) For any employer, labor organization, or joint 30,338
labor-management committee controlling apprentice training 30,339
programs to discriminate against any person because of race, 30,340
color, religion, sex, national origin, handicap, or ancestry in 30,341
admission to, or employment in, any program established to 30,342
provide apprentice training. 30,343
(E) Except where based on a bona fide occupational 30,345
qualification certified in advance by the commission, for any 30,346
employer, employment agency, personnel placement service, or 30,347
labor organization, prior to employment or admission to 30,348
membership, to do any of the following: 30,349
686
(1) Elicit or attempt to elicit any information concerning 30,351
the race, color, religion, sex, national origin, handicap, age, 30,352
or ancestry of an applicant for employment or membership; 30,353
(2) Make or keep a record of the race, color, religion, 30,355
sex, national origin, handicap, age, or ancestry of any applicant 30,356
for employment or membership; 30,357
(3) Use any form of application for employment, or 30,359
personnel or membership blank, seeking to elicit information 30,360
regarding race, color, religion, sex, national origin, handicap, 30,361
age, or ancestry; but an employer holding a contract containing a 30,362
nondiscrimination clause with the government of the United 30,363
States, or any department or agency of that government, may 30,364
require an employee or applicant for employment to furnish 30,365
documentary proof of United States citizenship and may retain 30,366
that proof in the employer's personnel records and may use 30,367
photographic or fingerprint identification for security purposes; 30,368
(4) Print or publish or cause to be printed or published 30,370
any notice or advertisement relating to employment or membership 30,371
indicating any preference, limitation, specification, or 30,372
discrimination, based upon race, color, religion, sex, national 30,373
origin, handicap, age, or ancestry; 30,374
(5) Announce or follow a policy of denying or limiting, 30,376
through a quota system or otherwise, employment or membership 30,377
opportunities of any group because of the race, color, religion, 30,378
sex, national origin, handicap, age, or ancestry of that group; 30,379
(6) Utilize in the recruitment or hiring of persons any 30,381
employment agency, personnel placement service, training school 30,382
or center, labor organization, or any other employee-referring 30,383
source known to discriminate against persons because of their 30,384
race, color, religion, sex, national origin, handicap, age, or 30,385
ancestry. 30,386
(F) For any person seeking employment to publish or cause 30,388
to be published any advertisement that specifies or in any manner 30,389
indicates that person's race, color, religion, sex, national 30,390
687
origin, handicap, age, or ancestry, or expresses a limitation or 30,391
preference as to the race, color, religion, sex, national origin, 30,392
handicap, age, or ancestry of any prospective employer. 30,393
(G) For any proprietor or any employee, keeper, or manager 30,395
of a place of public accommodation to deny to any person, except 30,396
for reasons applicable alike to all persons regardless of race, 30,397
color, religion, sex, national origin, handicap, age, or 30,398
ancestry, the full enjoyment of the accommodations, advantages, 30,399
facilities, or privileges of the place of public accommodation. 30,400
(H) For any person to do any of the following: 30,402
(1) Refuse to sell, transfer, assign, rent, lease, 30,404
sublease, or finance housing accommodations, refuse to negotiate 30,405
for the sale or rental of housing accommodations, or otherwise 30,406
deny or make unavailable housing accommodations because of race, 30,407
color, religion, sex, familial status, ancestry, handicap, or 30,408
national origin; 30,409
(2) Represent to any person that housing accommodations 30,411
are not available for inspection, sale, or rental, when in fact 30,412
they are available, because of race, color, religion, sex, 30,413
familial status, ancestry, handicap, or national origin; 30,414
(3) Discriminate against any person in the making or 30,416
purchasing of loans or the provision of other financial 30,417
assistance for the acquisition, construction, rehabilitation, 30,418
repair, or maintenance of housing accommodations, or any person 30,419
in the making or purchasing of loans or the provision of other 30,420
financial assistance that is secured by residential real estate, 30,421
because of race, color, religion, sex, familial status, ancestry, 30,422
handicap, or national origin or because of the racial composition 30,423
of the neighborhood in which the housing accommodations are 30,424
located, provided that the person, whether an individual, 30,425
corporation, or association of any type, lends money as one of 30,426
the principal aspects or incident to the person's principal 30,427
business and not only as a part of the purchase price of an 30,428
owner-occupied residence the person is selling nor merely 30,429
688
casually or occasionally to a relative or friend; 30,430
(4) Discriminate against any person in the terms or 30,432
conditions of selling, transferring, assigning, renting, leasing, 30,433
or subleasing any housing accommodations or in furnishing 30,434
facilities, services, or privileges in connection with the 30,435
ownership, occupancy, or use of any housing accommodations, 30,436
including the sale of fire, extended coverage, or homeowners 30,437
insurance, because of race, color, religion, sex, familial 30,438
status, ancestry, handicap, or national origin or because of the 30,439
racial composition of the neighborhood in which the housing 30,440
accommodations are located; 30,441
(5) Discriminate against any person in the terms or 30,443
conditions of any loan of money, whether or not secured by 30,444
mortgage or otherwise, for the acquisition, construction, 30,445
rehabilitation, repair, or maintenance of housing accommodations 30,446
because of race, color, religion, sex, familial status, ancestry, 30,447
handicap, or national origin or because of the racial composition 30,448
of the neighborhood in which the housing accommodations are 30,449
located; 30,450
(6) Refuse to consider without prejudice the combined 30,452
income of both husband and wife for the purpose of extending 30,453
mortgage credit to a married couple or either member of a married 30,454
couple; 30,455
(7) Print, publish, or circulate any statement or 30,457
advertisement, or make or cause to be made any statement or 30,458
advertisement, relating to the sale, transfer, assignment, 30,459
rental, lease, sublease, or acquisition of any housing 30,460
accommodations, or relating to the loan of money, whether or not 30,461
secured by mortgage or otherwise, for the acquisition, 30,462
construction, rehabilitation, repair, or maintenance of housing 30,463
accommodations, that indicates any preference, limitation, 30,464
specification, or discrimination based upon race, color, 30,465
religion, sex, familial status, ancestry, handicap, or national 30,466
origin, or an intention to make any such preference, limitation, 30,467
689
specification, or discrimination; 30,468
(8) Except as otherwise provided in division (H)(8) or 30,470
(17) of this section, make any inquiry, elicit any information, 30,471
make or keep any record, or use any form of application 30,472
containing questions or entries concerning race, color, religion, 30,473
sex, familial status, ancestry, handicap, or national origin in 30,474
connection with the sale or lease of any housing accommodations 30,475
or the loan of any money, whether or not secured by mortgage or 30,476
otherwise, for the acquisition, construction, rehabilitation, 30,477
repair, or maintenance of housing accommodations. Any person may 30,478
make inquiries, and make and keep records, concerning race, 30,479
color, religion, sex, familial status, ancestry, handicap, or 30,480
national origin for the purpose of monitoring compliance with 30,481
this chapter. 30,482
(9) Include in any transfer, rental, or lease of housing 30,484
accommodations any restrictive covenant, or honor or exercise, or 30,485
attempt to honor or exercise, any restrictive covenant; 30,486
(10) Induce or solicit, or attempt to induce or solicit, a 30,488
housing accommodations listing, sale, or transaction by 30,489
representing that a change has occurred or may occur with respect 30,490
to the racial, religious, sexual, familial status, or ethnic 30,491
composition of the block, neighborhood, or other area in which 30,492
the housing accommodations are located, or induce or solicit, or 30,493
attempt to induce or solicit, a housing accommodations listing, 30,494
sale, or transaction by representing that the presence or 30,495
anticipated presence of persons of any race, color, religion, 30,496
sex, familial status, ancestry, handicap, or national origin, in 30,497
the block, neighborhood, or other area will or may have results 30,498
including, but not limited to, the following: 30,499
(a) The lowering of property values; 30,501
(b) A change in the racial, religious, sexual, familial 30,503
status, or ethnic composition of the block, neighborhood, or 30,504
other area; 30,505
(c) An increase in criminal or antisocial behavior in the 30,507
690
block, neighborhood, or other area; 30,508
(d) A decline in the quality of the schools serving the 30,510
block, neighborhood, or other area. 30,511
(11) Deny any person access to or membership or 30,513
participation in any multiple-listing service, real estate 30,514
brokers' organization, or other service, organization, or 30,515
facility relating to the business of selling or renting housing 30,516
accommodations, or discriminate against any person in the terms 30,517
or conditions of that access, membership, or participation, on 30,518
account of race, color, religion, sex, familial status, national 30,519
origin, handicap, or ancestry; 30,520
(12) Coerce, intimidate, threaten, or interfere with any 30,522
person in the exercise or enjoyment of, or on account of that 30,523
person's having exercised or enjoyed or having aided or 30,524
encouraged any other person in the exercise or enjoyment of, any 30,525
right granted or protected by division (H) of this section; 30,526
(13) Discourage or attempt to discourage the purchase by a 30,528
prospective purchaser of housing accommodations, by representing 30,529
that any block, neighborhood, or other area has undergone or 30,530
might undergo a change with respect to its religious, racial, 30,531
sexual, familial status, or ethnic composition; 30,532
(14) Refuse to sell, transfer, assign, rent, lease, 30,534
sublease, or finance, or otherwise deny or withhold, a burial lot 30,535
from any person because of the race, color, sex, familial status, 30,536
age, ancestry, handicap, or national origin of any prospective 30,537
owner or user of the lot; 30,538
(15) Discriminate in the sale or rental of, or otherwise 30,540
make unavailable or deny, housing accommodations to any buyer or 30,541
renter because of a handicap of any of the following: 30,542
(a) The buyer or renter; 30,544
(b) A person residing in or intending to reside in the 30,546
housing accommodations after they are sold, rented, or made 30,547
available; 30,548
(c) Any individual associated with the person described in 30,550
691
division (H)(15)(b) of this section. 30,551
(16) Discriminate in the terms, conditions, or privileges 30,553
of the sale or rental of housing accommodations to any person or 30,554
in the provision of services or facilities to any person in 30,555
connection with the housing accommodations because of a handicap 30,556
of any of the following: 30,557
(a) That person; 30,559
(b) A person residing in or intending to reside in the 30,561
housing accommodations after they are sold, rented, or made 30,562
available; 30,563
(c) Any individual associated with the person described in 30,565
division (H)(16)(b) of this section. 30,566
(17) Except as otherwise provided in division (H)(17) of 30,568
this section, make an inquiry to determine whether an applicant 30,569
for the sale or rental of housing accommodations, a person 30,570
residing in or intending to reside in the housing accommodations 30,571
after they are sold, rented, or made available, or any individual 30,572
associated with that person has a handicap, or make an inquiry to 30,573
determine the nature or severity of a handicap of the applicant 30,574
or such a person or individual. The following inquiries may be 30,575
made of all applicants for the sale or rental of housing 30,576
accommodations, regardless of whether they have handicaps: 30,577
(a) An inquiry into an applicant's ability to meet the 30,579
requirements of ownership or tenancy; 30,580
(b) An inquiry to determine whether an applicant is 30,582
qualified for housing accommodations available only to persons 30,583
with handicaps or persons with a particular type of handicap; 30,584
(c) An inquiry to determine whether an applicant is 30,586
qualified for a priority available to persons with handicaps or 30,587
persons with a particular type of handicap; 30,588
(d) An inquiry to determine whether an applicant currently 30,590
uses a controlled substance in violation of section 2925.11 of 30,591
the Revised Code or a substantively comparable municipal 30,592
ordinance; 30,593
692
(e) An inquiry to determine whether an applicant at any 30,595
time has been convicted of or pleaded guilty to any offense, an 30,596
element of which is the illegal sale, offer to sell, cultivation, 30,597
manufacture, other production, shipment, transportation, 30,599
delivery, or other distribution of a controlled substance. 30,600
(18)(a) Refuse to permit, at the expense of a handicapped 30,602
person, reasonable modifications of existing housing 30,603
accommodations that are occupied or to be occupied by the 30,604
handicapped person, if the modifications may be necessary to 30,605
afford the handicapped person full enjoyment of the housing 30,606
accommodations. This division does not preclude a landlord of 30,607
housing accommodations that are rented or to be rented to a 30,608
handicapped tenant from conditioning permission for a proposed 30,609
modification upon the handicapped tenant's doing one or more of 30,610
the following: 30,611
(i) Providing a reasonable description of the proposed 30,613
modification and reasonable assurances that the proposed 30,614
modification will be made in a workmanlike WORKERLIKE manner and 30,615
that any required building permits will be obtained prior to the 30,616
commencement of the proposed modification; 30,617
(ii) Agreeing to restore at the end of the tenancy the 30,619
interior of the housing accommodations to the condition they were 30,620
in prior to the proposed modification, but subject to reasonable 30,621
wear and tear during the period of occupancy, if it is reasonable 30,622
for the landlord to condition permission for the proposed 30,623
modification upon the agreement; 30,624
(iii) Paying into an interest-bearing escrow account that 30,626
is in the landlord's name, over a reasonable period of time, a 30,627
reasonable amount of money not to exceed the projected costs at 30,628
the end of the tenancy of the restoration of the interior of the 30,629
housing accommodations to the condition they were in prior to the 30,630
proposed modification, but subject to reasonable wear and tear 30,631
during the period of occupancy, if the landlord finds the account 30,632
reasonably necessary to ensure the availability of funds for the 30,633
693
restoration work. The interest earned in connection with an 30,634
escrow account described in this division shall accrue to the 30,635
benefit of the handicapped tenant who makes payments into the 30,636
account. 30,637
(b) A landlord shall not condition permission for a 30,639
proposed modification upon a handicapped tenant's payment of a 30,640
security deposit that exceeds the customarily required security 30,641
deposit of all tenants of the particular housing accommodations. 30,642
(19) Refuse to make reasonable accommodations in rules, 30,644
policies, practices, or services when necessary to afford a 30,645
handicapped person equal opportunity to use and enjoy a dwelling 30,646
unit, including associated public and common use areas; 30,647
(20) Fail to comply with the standards and rules adopted 30,649
under division (A) of section 3781.111 of the Revised Code; 30,650
(21) Discriminate against any person in the selling, 30,652
brokering, or appraising of real property because of race, color, 30,653
religion, sex, familial status, ancestry, handicap, or national 30,654
origin; 30,655
(22) Fail to design and construct covered multifamily 30,657
dwellings for first occupancy on or after June 30, 1992, in 30,658
accordance with the following conditions: 30,659
(a) The dwellings shall have at least one building 30,661
entrance on an accessible route, unless it is impractical to do 30,662
so because of the terrain or unusual characteristics of the site. 30,663
(b) With respect to dwellings that have a building 30,665
entrance on an accessible route, all of the following apply: 30,666
(i) The public use areas and common use areas of the 30,668
dwellings shall be readily accessible to and usable by 30,669
handicapped persons. 30,670
(ii) All the doors designed to allow passage into and 30,672
within all premises shall be sufficiently wide to allow passage 30,673
by handicapped persons in wheelchairs. 30,674
(iii) All premises within covered multifamily dwelling 30,676
units shall contain an accessible route into and through the 30,677
694
dwelling; all light switches, electrical outlets, thermostats, 30,678
and other environmental controls within such units shall be in 30,679
accessible locations; the bathroom walls within such units shall 30,680
contain reinforcements to allow later installation of grab bars; 30,681
and the kitchens and bathrooms within such units shall be 30,682
designed and constructed in a manner that enables an individual 30,683
in a wheelchair to maneuver about such rooms. 30,684
For purposes of division (H)(22) of this section, "covered 30,686
multifamily dwellings" means buildings consisting of four or more 30,687
units if such buildings have one or more elevators and ground 30,688
floor units in other buildings consisting of four or more units. 30,689
(I) For any person to discriminate in any manner against 30,691
any other person because that person has opposed any unlawful 30,692
discriminatory practice defined in this section or because that 30,693
person has made a charge, testified, assisted, or participated in 30,694
any manner in any investigation, proceeding, or hearing under 30,695
sections 4112.01 to 4112.07 of the Revised Code. 30,696
(J) For any person to aid, abet, incite, compel, or coerce 30,698
the doing of any act declared by this section to be an unlawful 30,699
discriminatory practice, to obstruct or prevent any person from 30,700
complying with this chapter or any order issued under it, or to 30,701
attempt directly or indirectly to commit any act declared by this 30,702
section to be an unlawful discriminatory practice. 30,703
(K)(1) Nothing in division (H) of this section shall bar 30,705
any religious or denominational institution or organization, or 30,706
any nonprofit charitable or educational organization that is 30,707
operated, supervised, or controlled by or in connection with a 30,708
religious organization, from limiting the sale, rental, or 30,709
occupancy of housing accommodations that it owns or operates for 30,710
other than a commercial purpose to persons of the same religion, 30,711
or from giving preference in the sale, rental, or occupancy of 30,712
such housing accommodations to persons of the same religion, 30,713
unless membership in the religion is restricted on account of 30,714
race, color, or national origin. 30,715
695
(2) Nothing in division (H) of this section shall bar any 30,717
bona fide private or fraternal organization that, incidental to 30,718
its primary purpose, owns or operates lodgings for other than a 30,719
commercial purpose, from limiting the rental or occupancy of the 30,720
lodgings to its members or from giving preference to its members. 30,721
(3) Nothing in division (H) of this section limits the 30,723
applicability of any reasonable local, state, or federal 30,724
restrictions regarding the maximum number of occupants permitted 30,725
to occupy housing accommodations. Nothing in that division 30,726
prohibits the owners or managers of housing accommodations from 30,727
implementing reasonable occupancy standards based on the number 30,728
and size of sleeping areas or bedrooms and the overall size of a 30,729
dwelling unit, provided that the standards are not implemented to 30,730
circumvent the purposes of this chapter and are formulated, 30,731
implemented, and interpreted in a manner consistent with this 30,732
chapter and any applicable local, state, or federal restrictions 30,733
regarding the maximum number of occupants permitted to occupy 30,734
housing accommodations. 30,735
(4) Nothing in division (H) of this section requires that 30,737
housing accommodations be made available to an individual whose 30,738
tenancy would constitute a direct threat to the health or safety 30,739
of other individuals or whose tenancy would result in substantial 30,740
physical damage to the property of others. 30,741
(5) Nothing in division (H) of this section pertaining to 30,743
discrimination on the basis of familial status shall be construed 30,744
to apply to any of the following: 30,745
(a) Housing accommodations provided under any state or 30,747
federal program that have been determined under the "Fair Housing 30,748
Amendments Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as 30,749
amended, to be specifically designed and operated to assist 30,750
elderly persons; 30,751
(b) Housing accommodations intended for and solely 30,753
occupied by persons who are sixty-two years of age or older; 30,754
(c) Housing accommodations intended and operated for 30,756
696
occupancy by at least one person who is fifty-five years of age 30,757
or older per unit, as determined under the "Fair Housing 30,758
Amendments Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as 30,759
amended. 30,760
(L) Nothing in divisions (A) to (E) of this section shall 30,762
be construed to require a handicapped person to be employed or 30,763
trained under circumstances that would significantly increase the 30,764
occupational hazards affecting either the handicapped person, 30,765
other employees, the general public, or the facilities in which 30,766
the work is to be performed, or to require the employment or 30,767
training of a handicapped person in a job that requires the 30,768
handicapped person routinely to undertake any task, the 30,769
performance of which is substantially and inherently impaired by 30,770
the handicapped person's handicap. 30,771
(M) Nothing in divisions (H)(1) to (18) of this section 30,773
shall be construed to require any person selling or renting 30,774
property to modify the property in any way or to exercise a 30,775
higher degree of care for a person having a handicap, to relieve 30,776
any handicapped person of any obligation generally imposed on all 30,777
persons regardless of handicap in a written lease, rental 30,778
agreement, or contract of purchase or sale, or to forbid 30,779
distinctions based on the inability to fulfill the terms and 30,780
conditions, including financial obligations, of the lease, 30,781
agreement, or contract. 30,782
(N) An aggrieved individual may enforce the individual's 30,784
rights relative to discrimination on the basis of age as provided 30,785
for in this section by instituting a civil action, within two 30,786
years after the alleged unlawful discriminatory practice 30,787
occurred, in any court with jurisdiction for any legal or 30,788
equitable relief that will effectuate the individual's rights. 30,789
A person who files a civil action under this division is 30,791
barred, with respect to the practices complained of, from 30,792
instituting a civil action under section 4112.14 of the Revised 30,793
Code and from filing a charge with the commission under section 30,794
697
4112.05 of the Revised Code. 30,795
(O) With regard to age, it shall not be an unlawful 30,797
discriminatory practice and it shall not constitute a violation 30,798
of division (A) of section 4112.14 of the Revised Code for any 30,799
employer, employment agency, joint labor-management committee 30,800
controlling apprenticeship training programs, or labor 30,801
organization to do any of the following: 30,802
(1) Establish bona fide employment qualifications 30,804
reasonably related to the particular business or occupation that 30,805
may include standards for skill, aptitude, physical capability, 30,806
intelligence, education, maturation, and experience; 30,807
(2) Observe the terms of a bona fide seniority system or 30,809
any bona fide employee benefit plan, including, but not limited 30,810
to, a retirement, pension, or insurance plan, that is not a 30,811
subterfuge to evade the purposes of this section. However, no 30,812
such employee benefit plan shall excuse the failure to hire any 30,813
individual, and no such seniority system or employee benefit plan 30,814
shall require or permit the involuntary retirement of any 30,815
individual, because of the individual's age except as provided 30,816
for in the "Age Discrimination in Employment Act Amendment of 30,817
1978," 92 Stat. 189, 29 U.S.C.A. 623, as amended by the "Age 30,818
Discrimination in Employment Act Amendments of 1986," 100 Stat. 30,819
3342, 29 U.S.C.A. 623, as amended. 30,820
(3) Retire an employee who has attained sixty-five years 30,822
of age who, for the two-year period immediately before 30,823
retirement, is employed in a bona fide executive or a high 30,824
policymaking position, if the employee is entitled to an 30,825
immediate nonforfeitable annual retirement benefit from a 30,826
pension, profit-sharing, savings, or deferred compensation plan, 30,827
or any combination of those plans, of the employer of the 30,828
employee, which equals, in the aggregate, at least forty-four 30,829
thousand dollars, in accordance with the conditions of the "Age 30,830
Discrimination in Employment Act Amendment of 1978," 92 Stat. 30,831
189, 29 U.S.C.A. 631, as amended by the "Age Discrimination in 30,832
698
Employment Act Amendments of 1986," 100 Stat. 3342, 29 U.S.C.A. 30,833
631, as amended; 30,834
(4) Observe the terms of any bona fide apprenticeship 30,836
program if the program is registered with the Ohio apprenticeship 30,837
council pursuant to sections 4111.25 4139.01 to 4111.30 4139.06 30,839
of the Revised Code and is approved by the federal committee on 30,840
apprenticeship of the United States department of labor. 30,841
(P) Nothing in this chapter prohibiting age discrimination 30,843
and nothing in division (A) of section 4112.14 of the Revised 30,844
Code shall be construed to prohibit the following: 30,845
(1) The designation of uniform age the attainment of which 30,847
is necessary for public employees to receive pension or other 30,848
retirement benefits pursuant to Chapter 145., 742., 3307., 3309., 30,849
or 5505. of the Revised Code; 30,850
(2) The mandatory retirement of uniformed patrol officers 30,852
of the state highway patrol as provided in section 5505.16 of the 30,853
Revised Code; 30,854
(3) The maximum age requirements for appointment as a 30,856
patrol officer in the state highway patrol established by section 30,857
5503.01 of the Revised Code; 30,858
(4) The maximum age requirements established for original 30,860
appointment to a police department or fire department in sections 30,861
124.41 and 124.42 of the Revised Code; 30,862
(5) Any maximum age not in conflict with federal law that 30,864
may be established by a municipal charter, municipal ordinance, 30,865
or resolution of a board of township trustees for original 30,866
appointment as a police officer or fire fighter; 30,867
(6) Any mandatory retirement provision not in conflict 30,869
with federal law of a municipal charter, municipal ordinance, or 30,870
resolution of a board of township trustees pertaining to police 30,871
officers and fire fighters; 30,872
(7) Until January 1, 1994, the mandatory retirement of any 30,874
employee who has attained seventy years of age and who is serving 30,875
under a contract of unlimited tenure, or similar arrangement 30,876
699
providing for unlimited tenure, at an institution of higher 30,877
education as defined in the "Education Amendments of 1980," 94 30,878
Stat. 1503, 20 U.S.C.A. 1141(a). 30,879
(Q)(1)(a) Except as provided in division (Q)(1)(b) of this 30,881
section, for purposes of divisions (A) to (E) of this section, a 30,882
handicap does not include any physiological disorder or 30,883
condition, mental or psychological disorder, or disease or 30,884
condition caused by an illegal use of any controlled substance by 30,885
an employee, applicant, or other person, if an employer, 30,886
employment agency, personnel placement service, labor 30,887
organization, or joint labor-management committee acts on the 30,888
basis of that illegal use. 30,889
(b) Division (Q)(1)(a) of this section does not apply to 30,891
an employee, applicant, or other person who satisfies any of the 30,892
following: 30,893
(i) The employee, applicant, or other person has 30,895
successfully completed a supervised drug rehabilitation program 30,897
and no longer is engaging in the illegal use of any controlled 30,898
substance, or the employee, applicant, or other person otherwise 30,899
successfully has been rehabilitated and no longer is engaging in 30,900
that illegal use.
(ii) The employee, applicant, or other person is 30,902
participating in a supervised drug rehabilitation program and no 30,904
longer is engaging in the illegal use of any controlled 30,905
substance.
(iii) The employee, applicant, or other person is 30,907
erroneously regarded as engaging in the illegal use of any 30,909
controlled substance, but the employee, applicant, or other 30,910
person is not engaging in that illegal use. 30,911
(2) Divisions (A) to (E) of this section do not prohibit 30,913
an employer, employment agency, personnel placement service, 30,914
labor organization, or joint labor-management committee from 30,915
doing any of the following: 30,916
(a) Adopting or administering reasonable policies or 30,918
700
procedures, including, but not limited to, testing for the 30,919
illegal use of any controlled substance, that are designed to 30,920
ensure that an individual described in division (Q)(1)(b)(i) or 30,921
(ii) of this section no longer is engaging in the illegal use of 30,922
any controlled substance; 30,923
(b) Prohibiting the illegal use of controlled substances 30,925
and the use of alcohol at the workplace by all employees; 30,926
(c) Requiring that employees not be under the influence of 30,928
alcohol or not be engaged in the illegal use of any controlled 30,929
substance at the workplace; 30,930
(d) Requiring that employees behave in conformance with 30,932
the requirements established under "The Drug-Free Workplace Act 30,933
of 1988," 102 Stat. 4304, 41 U.S.C.A. 701, as amended; 30,934
(e) Holding an employee who engages in the illegal use of 30,936
any controlled substance or who is an alcoholic to the same 30,937
qualification standards for employment or job performance, and 30,938
the same behavior, to which the employer, employment agency, 30,939
personnel placement service, labor organization, or joint 30,940
labor-management committee holds other employees, even if any 30,941
unsatisfactory performance or behavior is related to an 30,942
employee's illegal use of a controlled substance or alcoholism; 30,943
(f) Exercising other authority recognized in the 30,945
"Americans with Disabilities Act of 1990," 104 Stat. 327, 42 30,946
U.S.C.A. 12101, as amended, including, but not limited to, 30,947
requiring employees to comply with any applicable federal 30,948
standards. 30,949
(3) For purposes of this chapter, a test to determine the 30,951
illegal use of any controlled substance does not include a 30,952
medical examination. 30,953
(4) Division (Q) of this section does not encourage, 30,955
prohibit, or authorize, and shall not be construed as 30,956
encouraging, prohibiting, or authorizing, the conduct of testing 30,957
for the illegal use of any controlled substance by employees, 30,958
applicants, or other persons, or the making of employment 30,959
701
decisions based on the results of that type of testing. 30,960
Sec. 4115.03. As used in sections 4115.03 to 4115.16 of 30,969
the Revised Code: 30,970
(A) "Public authority" means any officer, board, or 30,972
commission of the state, or any political subdivision of the 30,973
state, authorized to enter into a contract for the construction 30,974
of a public improvement or to construct the same by the direct 30,975
employment of labor, or any institution supported in whole or in 30,976
part by public funds and said sections apply to expenditures of 30,977
such institutions made in whole or in part from public funds. 30,978
(B) "Construction" means either of the following: 30,980
(1) Any new construction of any public improvement, the 30,982
total overall project cost of which is fairly estimated to be 30,983
more than fifty thousand dollars adjusted biennially by the 30,984
administrator DIRECTOR of the bureau of employment services 30,985
COMMERCE pursuant to section 4115.034 of the Revised Code and 30,986
performed by other than full-time employees who have completed 30,988
their probationary periods in the classified service of a public 30,989
authority;
(2) Any reconstruction, enlargement, alteration, repair, 30,991
remodeling, renovation, or painting of any public improvement, 30,992
the total overall project cost of which is fairly estimated to be 30,993
more than fifteen thousand dollars adjusted biennially by the 30,994
administrator pursuant to section 4115.034 of the Revised Code 30,996
and performed by other than full-time employees who have
completed their probationary period in the classified civil 30,997
service of a public authority.
(C) "Public improvement" includes all buildings, roads, 30,999
streets, alleys, sewers, ditches, sewage disposal plants, water 31,000
works, and all other structures or works constructed by a public 31,001
authority of the state or any political subdivision thereof or by 31,002
any person who, pursuant to a contract with a public authority, 31,003
constructs any structure for a public authority of the state or a 31,004
political subdivision thereof. When a public authority rents or 31,005
702
leases a newly constructed structure within six months after 31,006
completion of such construction, all work performed on such 31,007
structure to suit it for occupancy by a public authority is a 31,008
"public improvement." "Public improvement" does not include an 31,009
improvement authorized by section 1515.08 of the Revised Code 31,011
that is constructed pursuant to a contract with a soil and water 31,012
conservation district, as defined in section 1515.01 of the
Revised Code, or performed as a result of a petition filed 31,013
pursuant to Chapter 6131., 6133., or 6135. of the Revised Code, 31,014
wherein no less than seventy-five per cent of the project is 31,015
located on private land and no less than seventy-five per cent of 31,016
the cost of the improvement is paid for by private property 31,017
owners pursuant to Chapter 1515., 6131., 6133., or 6135. of the
Revised Code. 31,018
(D) "Locality" means the county wherein the physical work 31,020
upon any public improvement is being performed. 31,021
(E) "Prevailing wages" means the sum of the following: 31,023
(1) The basic hourly rate of pay; 31,025
(2) The rate of contribution irrevocably made by a 31,027
contractor or subcontractor to a trustee or to a third person 31,028
pursuant to a fund, plan, or program; 31,029
(3) The rate of costs to the contractor or subcontractor 31,031
which may be reasonably anticipated in providing the following 31,032
fringe benefits to laborers and mechanics pursuant to an 31,033
enforceable commitment to carry out a financially responsible 31,034
plan or program which was communicated in writing to the laborers 31,035
and mechanics affected: 31,036
(a) Medical or hospital care or insurance to provide such; 31,038
(b) Pensions on retirement or death or insurance to 31,040
provide such; 31,041
(c) Compensation for injuries or illnesses resulting from 31,043
occupational activities if it is in addition to that coverage 31,044
required by Chapters 4121. and 4123. of the Revised Code; 31,045
(d) Supplemental unemployment benefits that are in 31,047
703
addition to those required by Chapter 4141. of the Revised Code; 31,048
(e) Life insurance; 31,050
(f) Disability and sickness insurance; 31,052
(g) Accident insurance; 31,054
(h) Vacation and holiday pay; 31,056
(i) Defraying of costs for apprenticeship or other similar 31,058
training programs which are beneficial only to the laborers and 31,059
mechanics affected; 31,060
(j) Other bona fide fringe benefits. 31,062
None of the benefits enumerated in division (E)(3) of this 31,064
section may be considered in the determination of prevailing 31,065
wages if federal, state, or local law requires contractors or 31,066
subcontractors to provide any of such benefits. 31,067
(F) "Interested party," with respect to a particular 31,069
public improvement, means: 31,070
(1) Any person who submits a bid for the purpose of 31,072
securing the award of a contract for construction of the public 31,073
improvement; 31,074
(2) Any person acting as a subcontractor of a person 31,076
mentioned in division (F)(1) of this section; 31,077
(3) Any bona fide organization of labor which has as 31,079
members or is authorized to represent employees of a person 31,080
mentioned in division (F)(1) or (2) of this section and which 31,081
exists, in whole or in part, for the purpose of negotiating with 31,082
employers concerning the wages, hours, or terms and conditions of 31,083
employment of employees; 31,084
(4) Any association having as members any of the persons 31,086
mentioned in division (F)(1) or (2) of this section. 31,087
(G) Except as used in division (A) of this section, 31,089
"officer" means an individual who has an ownership interest or 31,090
holds an office of trust, command, or authority in a corporation, 31,091
business trust, partnership, or association.
Sec. 4115.031. The obligation of a contractor or 31,100
subcontractor to make payment in accordance with the prevailing 31,101
704
wage determinations of the bureau DIRECTOR of employment services 31,103
COMMERCE, insofar as Chapter 4115. of the Revised Code is 31,104
concerned, may be discharged by the making of payments in cash,
by the making of contributions of a type referred to in division 31,105
(E)(2) of section 4115.03 of the Revised Code or by the 31,106
assumption of an enforceable commitment to bear the costs of a 31,107
plan or program of a type referred to in division (E)(3) of 31,108
section 4115.03 of the Revised Code, or any combination thereof, 31,109
where the aggregate of any such payments, contributions, and
costs is not less than the rate of pay described in division 31,110
(E)(1) plus the rates referred to in division DIVISIONS (E)(2) 31,111
and (3) of section 4115.03 of the Revised Code. 31,113
In determining the overtime pay to which the laborer or 31,115
mechanic is entitled under any federal or state law, his THE 31,116
PERSON'S regular or basic hourly rate of pay (or other 31,118
alternative rate upon which premium rate of overtime compensation
is computed) shall be deemed to be the rate computed under 31,119
division (E)(1) of section 4115.03 of the Revised Code, except 31,120
that where the amount of payments, contributions, or costs 31,121
incurred with respect to him THAT PERSON exceeds the prevailing 31,122
wage applicable to him THE PERSON under Chapter 4115. of the 31,123
Revised Code, such regular or basic hourly rate of pay (or such 31,126
other alternative rate) shall be arrived at by deducting from the
amount of payments, contributions, or costs actually incurred 31,127
with respect to him THE PERSON, the amount of contributions or 31,128
costs of the types described in division DIVISIONS (E)(2) and (3) 31,130
actually incurred with respect to him THE PERSON, or the amount 31,131
determined under division DIVISIONS (E)(2) and (3) of section 31,132
4115.03 of the Revised Code but not actually paid, whichever 31,134
amount is the greater.
Sec. 4115.032. Construction on any project, facility, or 31,143
project facility to which section 122.452, 122.80, 165.031, 31,145
166.02, 1551.13, 1728.07, or 3706.042 of the Revised Code applies 31,146
is hereby deemed to be construction of a public improvement 31,147
705
within section 4115.03 of the Revised Code. All contractors and 31,148
subcontractors working on such projects, facilities, or project 31,149
facilities shall be subject to and comply with sections 4115.03 31,150
to 4115.16 of the Revised Code, and the administrator DIRECTOR of 31,151
the bureau of employment services COMMERCE shall, and any 31,153
interested party may, bring proceedings under such sections to 31,154
enforce compliance.
The bureau of employment services DIRECTOR shall make the 31,156
determination of wages as required under sections 122.452, 31,158
122.80, 165.031, 166.02, 1551.13, 1728.07, and 3706.042 of the 31,159
Revised Code and shall designate one of its THE DIRECTOR'S 31,160
employees to act as the prevailing wage coordinator under section 31,162
4115.071 for any project, facility, or project facility for which 31,163
a coordinator has not been designated by any public authority. 31,164
Sec. 4115.034. On January 1, 1996, and the first day of 31,173
January of every even-numbered year thereafter, the administrator 31,174
DIRECTOR of the bureau of employment services COMMERCE shall 31,175
adjust the threshold levels for which public improvement projects 31,176
are subject to sections 4115.03 to 4115.16 of the Revised Code as 31,177
set forth in divisions (B)(1) and (2) of section 4115.03 of the 31,178
Revised Code. The administrator DIRECTOR shall adjust those 31,180
amounts according to the average increase or decrease for each of
the two years immediately preceding the adjustment as set forth 31,181
in the United States department of commerce, bureau of the census 31,182
implicit price deflator for construction, provided that no 31,183
increase or decrease for any year shall exceed three per cent of 31,184
the threshold level in existence at the time of the adjustment. 31,185
Sec. 4115.04. (A) Every public authority authorized to 31,194
contract for or construct with its own forces a public 31,195
improvement, before advertising for bids or undertaking such 31,196
construction with its own forces, shall have the bureau DIRECTOR 31,197
of employment services COMMERCE determine the prevailing rates of 31,199
wages of mechanics and laborers in accordance with section 31,200
4115.05 of the Revised Code for the class of work called for by 31,201
706
the public improvement, in the locality where the work is to be 31,202
performed. Such schedule of wages shall be attached to and made 31,203
part of the specifications for the work, and shall be printed on 31,204
the bidding blanks where the work is done by contract. A copy of 31,205
the bidding blank shall be filed with the bureau DIRECTOR before 31,206
such contract is awarded. A minimum rate of wages for common 31,209
laborers, on work coming under the jurisdiction of the department 31,210
of transportation, shall be fixed in each county of the state by 31,211
said department of transportation, in accordance with section 31,212
4115.05 of the Revised Code.
(B) Sections 4115.03 to 4115.16 of the Revised Code do not 31,214
apply to:
(1) Public improvements in any case where the federal 31,216
government or any of its agencies furnishes by loan or grant all 31,219
or any part of the funds used in constructing such improvements, 31,220
provided the federal government or any of its agencies prescribes 31,221
predetermined minimum wages to be paid to mechanics and laborers 31,222
employed in the construction of such improvements; 31,223
(2) A participant in a work activity, developmental 31,226
activity, or an alternative work activity under sections 5107.40 31,228
to 5107.69 of the Revised Code when a public authority directly 31,229
uses the labor of the participant to construct a public
improvement if the participant is not engaged in paid employment 31,231
or subsidized employment pursuant to the activity; 31,232
(3) Public improvements undertaken by, or under contract 31,234
for, the board of education of any school district or the 31,236
governing board of any educational service center; 31,237
(4) Public improvements undertaken by, or under contract 31,239
for, a county hospital operated pursuant to Chapter 339. of the 31,240
Revised Code if none of the funds used in constructing the 31,243
improvements are the proceeds of bonds or other obligations which 31,245
are secured by the full faith and credit of the state, the 31,246
county, a township, or a municipal corporation and none of the 31,247
funds used in constructing the improvements, including funds used 31,249
707
to repay any amounts borrowed to construct the improvements, are 31,250
funds that have been appropriated for that purpose by the board 31,251
of county commissioners, the state, a township, or a municipal 31,252
corporation from funds generated by the levy of a tax; provided, 31,253
however, that a county hospital may elect to apply sections 31,254
4115.03 to 4115.16 of the Revised Code to a public improvement 31,255
undertaken by, or under contract for, the county hospital. 31,257
Sec. 4115.05. The prevailing rate of wages to be paid for 31,266
a legal day's work, as prescribed in section 4115.04 of the 31,267
Revised Code, to laborers, workmen WORKERS, or mechanics upon 31,268
public works shall not be less at any time during the life of a 31,270
contract for the public work than the prevailing rate of wages 31,271
then payable in the same trade or occupation in the locality 31,272
where such public work is being performed, under collective 31,273
bargaining agreements or understandings, between employers and 31,274
bona fide organizations of labor in force at the date the 31,275
contract for the public work, relating to the trade or 31,276
occupation, was made, and collective bargaining agreements or 31,277
understandings successor thereto. 31,278
Serving laborers, helpers, assistants and apprentices shall 31,280
not be classified as common labor and shall be paid not less at 31,281
any time during the life of a contract for the public work than 31,282
the prevailing rate of wages then payable for such labor in the 31,283
locality where the public work is being performed, under or as a 31,284
result of collective bargaining agreements or understandings 31,285
between employers and bona fide organizations of labor in force 31,286
at the date the contract for the public work, requiring the 31,287
employment of serving laborers, helpers, assistants, or 31,288
apprentices, was made, and collective bargaining agreements or 31,289
understandings successor thereto. 31,290
Apprentices will be permitted to work only under a bona 31,292
fide apprenticeship program if such program exists and is 31,293
registered with the Ohio apprenticeship council. 31,294
The allowable ratio of apprentices to skilled workers 31,296
708
permitted to work shall not be greater than the ratio allowed the 31,297
contractor or subcontractor in the collective bargaining 31,298
agreement or understanding referred to in this section under 31,299
which the work is being performed. 31,300
In THE event there is no such collective bargaining 31,302
agreement or understanding in the immediate locality, then the 31,303
prevailing rates of wages in the nearest locality in which such 31,304
collective bargaining agreements or understandings are in effect 31,305
shall be the prevailing rate of wages, in such locality, for the 31,306
various occupations covered by sections 4115.03 to 4115.16 of the 31,307
Revised Code. 31,308
The prevailing rate of wages to be paid for a legal day's 31,310
work, to laborers, workmen WORKERS, or mechanics, upon any 31,311
material to be used in or in connection with a public work, shall 31,313
be not less than the prevailing rate of wages payable for a day's 31,314
work in the same trade or occupation in the locality within the 31,315
state where such public work is being performed and where the 31,316
material in its final or completed form is to be situated, 31,317
erected, or used.
Every contract for a public work shall contain a provision 31,319
that each laborer, workman WORKER, or mechanic, employed by such 31,320
contractor, subcontractor, or other person about or upon such 31,321
public work, shall be paid the prevailing rate of wages provided 31,322
in this section. 31,323
No contractor or subcontractor under a contract for a 31,325
public work shall sublet any of the work covered by such contract 31,326
unless specifically authorized to do so by the contract. 31,327
Where contracts are not awarded or construction undertaken 31,329
within ninety days from the date of the establishment of the 31,330
prevailing rate of wages, there shall be a redetermination of the 31,331
prevailing rate of wages before the contract is awarded. Upon 31,332
receipt from the administrator DIRECTOR of the bureau of 31,333
employment services COMMERCE of a notice of a change in 31,335
prevailing wage rates, a public authority shall, within seven 31,336
709
working days after receipt thereof, notify all affected 31,337
contractors and subcontractors with whom the public authority has 31,338
contracts for a public improvement of the changes and require the 31,339
contractors to make the necessary adjustments in the prevailing 31,340
wage rates.
If the administrator DIRECTOR determines that a contractor 31,344
or subcontractor has violated sections 4115.03 to 4115.16 of the 31,345
Revised Code because the public authority has not notified the 31,346
contractor or subcontractor as required by this section, the 31,347
public authority is liable for any back wages, fines, damages, 31,348
court costs, and attorneys ATTORNEY'S fees associated with the 31,349
enforcement of said sections by the administrator DIRECTOR for 31,350
the period of time running until the public authority gives the 31,351
required notice to the contractor or subcontractor. 31,352
On the occasion of the first pay date under a contract, the 31,354
contractor or subcontractor shall furnish each employee not 31,355
covered by a collective bargaining agreement or understanding 31,356
between employers and bona fide organizations of labor with 31,357
individual written notification of the job classification to 31,358
which the employee is assigned, the prevailing wage determined to 31,359
be applicable to that classification, separated into the hourly 31,360
rate of pay and the fringe payments, and the identity of the 31,361
prevailing wage coordinator appointed by the public authority. 31,362
The contractor or subcontractor shall furnish the same 31,363
notification to each affected employee every time the job 31,364
classification of the employee is changed. 31,365
Sec. 4115.07. All contractors and subcontractors required 31,374
by sections 4115.03 to 4115.16 of the Revised Code, and the 31,375
action of any public authority to pay not less than the 31,376
prevailing rate of wages shall make full payment of such wages in 31,377
legal tender, without any deduction for food, sleeping 31,378
accommodations, transportation, use of small tools, or any other 31,379
thing of any kind or description. This section does not apply 31,380
where the employer and employee enter into an agreement in 31,381
710
writing at the beginning of any term of employment covering 31,382
deductions for food, sleeping accommodations, or other similar 31,383
item, provided such agreement is submitted by the employer to the 31,384
public authority fixing the rate of wages and is approved by such 31,385
public authority as fair and reasonable. 31,386
All contractors or subcontractors falling within or 31,388
affected by sections 4115.03 to 4115.16 of the Revised Code, 31,389
shall keep full and accurate payroll records with respect to 31,390
wages paid each employee and the number of hours worked by each 31,391
employee, covering all disbursements of wages to their employees 31,392
to whom they are required to pay not less than the prevailing 31,393
rate of wages. Such payroll records shall be open to inspection 31,394
by any authorized representative of the contracting public 31,395
authority, including the prevailing wage coordinator or the 31,396
bureau DIRECTOR of employment services COMMERCE at any reasonable 31,398
time and as often as may be necessary, and such records shall not 31,399
be destroyed or removed from the state for the period of one year 31,400
following the completion of the public improvement in connection 31,401
with which the records are made. There shall be posted in a 31,402
prominent and accessible place on the site of the work a legible 31,403
statement of the schedule of wage rates specified in the contract 31,404
to the various classifications of laborers, workmen WORKERS, and 31,405
mechanics employed, said statement to remain posted during the 31,406
life of each contract. 31,407
Each contractor or subcontractor shall file with the 31,409
contracting public authority upon completion of the public 31,410
improvement and prior to final payment therefor an affidavit 31,411
stating that he THE CONTRACTOR OR SUBCONTRACTOR has fully 31,412
complied with sections 4115.03 to 4115.16 of the Revised Code. 31,413
Sec. 4115.071. (A) Each contracting public authority that 31,422
enters into a contract other than a contract for printing, 31,423
binding, and related services, whose contractor and 31,424
subcontractors are subject to sections 4115.03 to 4115.16 of the 31,425
Revised Code shall, no later than ten days before the first 31,426
711
payment of wages is payable to any employee of any contractor or 31,427
subcontractor, designate and appoint one of its own employees to 31,428
serve as the prevailing wage coordinator during the life of the 31,429
contract. The duties of the coordinator shall include: 31,430
(1) Setting up and maintaining, available for public 31,432
inspection including inspection by interested parties or affected 31,433
employees, files of payroll reports and affidavits submitted by 31,434
contractors and subcontractors pursuant to sections 4115.03 to 31,435
4115.16 of the Revised Code; 31,436
(2) Ascertaining from each contractor or subcontractor, at 31,438
the beginning of performance under the contract, the dates during 31,439
its life when payments of wages to employees are to be made; 31,440
(3) Receiving from each contractor or subcontractor, a 31,442
copy of his THE CONTRACTOR'S OR SUBCONTRACTOR'S complete payroll 31,443
for each date exhibiting for each employee paid any wages, his 31,446
THE EMPLOYEE'S name, current address, social security number, 31,447
number of hours worked each day during the pay period and the 31,449
total for each week, his THE EMPLOYEE'S hourly rate of pay, his 31,450
THE EMPLOYEE'S job classification, fringe payments, and 31,451
deductions from his THE EMPLOYEE'S wages;
(4) Establishing and following procedures to monitor the 31,453
compliance by each contractor and subcontractor with the 31,454
requirement imposed by this section for timely filing of copies 31,455
of payroll records; 31,456
(5) Receiving from each contractor or subcontractor upon 31,458
completion of the public improvement and prior to final payment 31,459
therefor the affidavit required by section 4115.07 of the Revised 31,460
Code; 31,461
(6) Reporting any delinquency in the filing of the 31,463
certified copy of the payroll and the affidavit to the chief 31,464
officer of the contracting public authority and the administrator 31,465
DIRECTOR of the bureau of employment services COMMERCE. 31,467
(B) Any contracting public authority having a permanent 31,469
employee with the title, powers, and functions described in 31,470
712
division (A) of this section for the prevailing wage coordinator 31,471
need not separately designate and appoint an employee for each 31,472
public work contract entered into by the contracting public 31,473
authority. 31,474
(C) Every contractor and subcontractor who is subject to 31,476
sections 4115.03 to 4115.16 of the Revised Code shall, as soon as 31,477
he begins UPON BEGINNING performance under his THE CONTRACTOR'S 31,479
OR SUBCONTRACTOR'S contract with any contracting public
authority, supply to the prevailing wage coordinator of the 31,480
contracting public authority a schedule of the dates during the 31,481
life of his THE contract with the authority on which he THE 31,482
CONTRACTOR OR SUBCONTRACTOR is required to pay wages to 31,483
employees. He THE CONTRACTOR OR SUBCONTRACTOR shall also deliver 31,484
to the prevailing wage coordinator a certified copy of his THE 31,485
CONTRACTOR'S OR SUBCONTRACTOR'S payroll, within two weeks after 31,486
the initial pay date, and supplemental reports for each month 31,488
thereafter which shall exhibit for each employee paid any wages, 31,489
his THE EMPLOYEE'S name, current address, social security number, 31,490
number of hours worked during each day of the pay periods covered 31,491
and the total for each week, his THE EMPLOYEE'S hourly rate of 31,492
pay, his THE EMPLOYEE'S job classification, fringe payments, and 31,493
deductions from his THE EMPLOYEE'S wages. If the life of the 31,494
contract is expected to be no more than four months from the 31,495
beginning of performance by the contractor or subcontractor, such 31,496
supplemental reports shall be filed each week after the initial 31,497
report. The certification of each payroll shall be executed by 31,498
the contractor, subcontractor, or duly appointed agent thereof 31,499
and shall recite that the payroll is correct and complete and 31,500
that the wage rates shown are not less than those required by the 31,501
contract.
(D) If it is found that a public authority or prevailing 31,503
wage coordinator has not complied with this section, the 31,504
administrator DIRECTOR shall give notice thereof in writing to 31,506
the public authority or prevailing wage coordinator. Sufficient 31,507
713
time shall be allowed for compliance as the administrator 31,508
DIRECTOR deems necessary. At the expiration of the time 31,510
prescribed in the notice, the administrator DIRECTOR shall, in 31,511
writing, inform the attorney general of the fact that notice has 31,513
been given and that the public authority or prevailing wage 31,514
coordinator to whom it was directed has not complied with it. On 31,515
receipt thereof, the attorney general shall bring suit in the 31,516
name of the state in the court of common pleas of the county in 31,517
which the public authority is located, to require the public 31,518
authority or prevailing wage coordinator to comply with this 31,519
section.
Sec. 4115.08. No public official, authorized to contract 31,528
for or construct with his THE OFFICIAL'S own forces a public 31,529
improvement, shall fail, before advertising for bids or 31,531
undertaking such construction with his own THOSE forces, to have 31,532
the bureau DIRECTOR of employment services COMMERCE determine the 31,533
prevailing rates of wages of mechanics and laborers for the class 31,534
of work called for by the public improvement in the locality 31,535
where the work is to be performed, as provided in section 4115.04 31,536
of the Revised Code.
Sec. 4115.09. No member of a public board, commission, or 31,545
other public authority authorized to contract for or construct 31,546
with its own forces a public improvement, shall vote for the 31,547
award of any contract for the construction of such improvement, 31,548
or vote for the disbursement of any funds on account of the
construction of such public improvement, unless such public 31,549
authority has first had the bureau DIRECTOR of employment 31,550
services COMMERCE determine the prevailing rates of wages of 31,552
mechanics and laborers for the class of work called for by such 31,553
public improvement in the locality where the work is to be
performed, as provided in section 4115.04 of the Revised Code. 31,554
Sec. 4115.10. (A) No person, firm, corporation, or public 31,563
authority that constructs a public improvement with its own 31,564
forces, the total overall project cost of which is fairly 31,565
714
estimated to be more than the amounts set forth in division 31,566
(B)(1) or (2) of section 4115.03 of the Revised Code, adjusted 31,567
biennially by the administrator DIRECTOR of employment services 31,569
COMMERCE pursuant to section 4115.034 of the Revised Code, shall 31,570
violate the wage provisions of sections 4115.03 to 4115.16 of the 31,572
Revised Code, or suffer, permit, or require any employee to work 31,573
for less than the rate of wages so fixed, or violate the 31,574
provisions of section 4115.07 of the Revised Code. Any employee 31,575
upon any public improvement, except an employee to whom or on 31,576
behalf of whom restitution is made pursuant to division (C) of 31,577
section 4115.13 of the Revised Code, who is paid less than the 31,578
fixed rate of wages applicable thereto may recover from such 31,579
person, firm, corporation, or public authority that constructs a 31,580
public improvement with its own forces the difference between the 31,581
fixed rate of wages and the amount paid to the employee and in 31,582
addition thereto a sum equal to twenty-five per cent of that 31,584
difference. The person, firm, corporation, or public authority 31,585
who fails to pay the rate of wages so fixed also shall pay a 31,586
penalty to the administrator DIRECTOR of seventy-five per cent of 31,588
the difference between the fixed rate of wages and the amount
paid to the employees on the public improvement. The 31,589
administrator DIRECTOR shall deposit all moneys received from 31,592
penalties paid to the administrator DIRECTOR pursuant to this 31,594
section into the penalty enforcement fund, which is hereby
created. The penalty enforcement fund shall be in the custody of 31,595
the treasurer of state but shall not be part of the state 31,596
treasury. The administrator DIRECTOR shall use the fund for the 31,598
enforcement of sections 4115.03 to 4115.16 of the Revised Code. 31,599
The employee may file suit for recovery within sixty days of the 31,600
administrator's DIRECTOR'S determination of a violation of 31,602
sections 4115.03 to 4115.16 of the Revised Code or is barred from 31,604
further action under this division. Where the employee prevails 31,605
in a suit, the employer shall pay the costs and reasonable 31,606
attorney's fees allowed by the court. 31,607
715
(B) Any employee upon any public improvement who is paid 31,609
less than the prevailing rate of wages applicable thereto may 31,610
file a complaint in writing with the bureau of employment 31,612
services DIRECTOR upon a form furnished by the administrator 31,613
DIRECTOR. At the written request of any employee paid less than 31,614
the prevailing rate of wages applicable, the administrator 31,615
DIRECTOR shall take an assignment of a claim in trust for the 31,617
assigning employee and bring any legal action necessary to 31,618
collect the claim. The employer shall pay the costs and 31,619
reasonable attorney's fees allowed by the court if the employer 31,620
is found in violation of sections 4115.03 to 4115.16 of the 31,621
Revised Code.
(C) If after investigation pursuant to section 4115.13 of 31,625
the Revised Code, the administrator DIRECTOR determines there is 31,627
a violation of sections 4115.03 to 4115.16 of the Revised Code 31,628
and a period of sixty days has elapsed from the date of the 31,629
determination, and if:
(1) No employee has brought suit pursuant to division (A) 31,631
of this section; 31,632
(2) No employee has requested that the administrator 31,634
DIRECTOR take an assignment of a wage claim pursuant to division 31,635
(B) of this section; 31,636
The administrator DIRECTOR shall bring any legal action 31,638
necessary to collect any amounts owed to employees and the 31,640
bureau. The administrator DIRECTOR shall pay over to the 31,642
affected employees the amounts collected to which the affected
employees are entitled under division (A) of this section. In 31,643
any action in which the administrator DIRECTOR prevails, the 31,644
employer shall pay the costs and reasonable attorney's fees 31,646
allowed by the court.
(D) Where persons are employed and their rate of wages has 31,649
been determined as provided in section 4115.04 of the Revised
Code, no person, either for self or any other person, shall 31,651
request, demand, or receive, either before or after the person is 31,653
716
engaged, that the person so engaged pay back, return, donate, 31,654
contribute, or give any part or all of the person's wages, 31,656
salary, or thing of value, to any person, upon the statement, 31,657
representation, or understanding that failure to comply with such 31,658
request or demand will prevent the procuring or retaining of 31,660
employment, and no person shall, directly or indirectly, aid, 31,661
request, or authorize any other person to violate this section. 31,662
This division does not apply to any agent or representative of a 31,663
duly constituted labor organization acting in the collection of 31,664
dues or assessments of such organization.
(E) The bureau DIRECTOR shall enforce sections 4115.03 to 31,667
4115.16 of the Revised Code.
(F) For the purpose of supplementing existing bureau 31,670
resources and to assist in enforcing division (E) of this 31,671
section, the administrator DIRECTOR may contract with a person 31,673
registered as a public accountant under Chapter 4701. of the 31,674
Revised Code to conduct an audit of a person, firm, corporation, 31,675
or public authority. 31,676
Sec. 4115.101. There is hereby created the prevailing wage 31,685
custodial fund, which shall be in the custody of the treasurer of 31,686
state but shall not be part of the state treasury. The 31,687
administrator of the bureau DIRECTOR of employment services 31,688
COMMERCE shall deposit to the fund all money paid by employers to 31,689
the administrator DIRECTOR that are held in trust for employees 31,691
to whom prevailing wages are due and owing. The administrator 31,692
DIRECTOR shall make disbursements from the fund in accordance 31,693
with this chapter to employees affected by violations of this 31,694
chapter.
Sec. 4115.12. In order to facilitate the administration of 31,703
sections 4115.03 to 4115.16 of the Revised Code, and to achieve 31,704
the purposes of those sections, the administrator DIRECTOR of the 31,705
bureau of employment services COMMERCE may adopt reasonable 31,706
rules, not inconsistent with those sections, for contractors and 31,707
subcontractors engaged in the construction, prosecution, 31,709
717
completion, or repair of a public improvement financed in whole 31,710
or in part by any public authority.
Sec. 4115.13. (A) Upon his THE DIRECTOR'S own motion or 31,719
within five days of the filing of a complaint under section 31,721
4115.10 or 4115.16 of the Revised Code, the administrator 31,722
DIRECTOR of the bureau of employment services COMMERCE, or a 31,723
representative designated by him THE DIRECTOR, shall investigate 31,725
any alleged violation of sections 4115.03 to 4115.16 of the 31,726
Revised Code.
(B) At the conclusion of the investigation, the 31,728
administrator DIRECTOR or his A designated representative shall 31,730
make a recommendation as to whether the alleged violation was 31,731
committed. If the administrator DIRECTOR or his designated 31,733
representative recommends that the alleged violation was an 31,734
intentional violation, he THE DIRECTOR OR DESIGNATED 31,735
REPRESENTATIVE shall give written notice by certified mail of 31,736
that recommendation to the contractor, subcontractor, or officer 31,737
of the contractor or subcontractor which also shall state that 31,738
the contractor, subcontractor, or officer of the contractor or 31,739
subcontractor may file with the bureau of employment services 31,741
DIRECTOR an appeal of the recommendation within thirty days after 31,742
the date the notice was received. If the contractor, 31,743
subcontractor, or officer of the contractor or subcontractor 31,744
timely appeals the recommendation, within sixty days of the 31,745
filing of the appeal, the administrator DIRECTOR or his 31,747
designated representative shall schedule the appeal for a
hearing. If the contractor, subcontractor, or officer of the 31,748
contractor or subcontractor fails to timely appeal the 31,749
recommendation, the administrator DIRECTOR or his designated 31,751
representative shall adopt the recommendation as a finding of 31,752
fact for purposes of division (D) of this section. The 31,753
administrator DIRECTOR or his designated representative, in the 31,755
performance of any duty or execution of any power prescribed by 31,756
sections 4115.03 to 4115.16 of the Revised Code, shall have the 31,757
718
power to MAY hold hearings, and such hearings shall be held 31,759
within the county in which the violation of sections 4115.03 to 31,760
4115.16 of the Revised Code is alleged to have been committed, or 31,761
in Franklin county, whichever county the person alleged to have 31,762
committed the violation chooses. For the purpose of the hearing, 31,763
the administrator DIRECTOR may designate a hearing examiner who 31,766
shall, after notice to all interested parties, conduct a hearing 31,767
and make findings of fact and recommendations to the 31,768
administrator DIRECTOR. The administrator DIRECTOR shall make a 31,770
decision, which shall be sent to the affected parties. The 31,771
administrator DIRECTOR or his designated representative may make 31,774
decisions, based upon findings of fact, as are found necessary to 31,775
enforce sections 4115.03 to 4115.16 of the Revised Code. 31,776
(C) If any underpayment by a contractor or subcontractor 31,778
was the result of a misinterpretation of the statute, or an 31,779
erroneous preparation of the payroll documents, the administrator 31,780
DIRECTOR or his designated representative may make a decision 31,782
ordering the employer to make restitution to the employees, or on 31,783
their behalf, the plans, funds, or programs for any type of 31,784
fringe benefits described in the applicable wage determination. 31,785
In accordance with the finding of the administrator DIRECTOR that 31,786
any underpayment was the result of a misinterpretation of the 31,789
statute, or an erroneous preparation of the payroll documents, 31,790
employers who make restitution are not subject to any further 31,791
proceedings pursuant to sections 4115.03 to 4115.16 of the 31,792
Revised Code.
(D) If the administrator DIRECTOR or his designated 31,794
representative makes a decision, based upon findings of fact, 31,796
that a contractor, subcontractor, or officer of a contractor or 31,797
subcontractor has intentionally violated sections 4115.03 to 31,798
4115.16 of the Revised Code, the contractor, subcontractor, or 31,799
officer of a contractor or subcontractor is prohibited from 31,800
contracting directly or indirectly with any public authority for 31,801
the construction of a public improvement or from performing any 31,802
719
work on the same as provided in section 4115.133 of the Revised 31,803
Code. A contractor, subcontractor, or officer of a contractor or 31,804
subcontractor may appeal the decision, within sixty days after 31,805
the decision, to the court of common pleas of the county in which 31,806
the first hearing involving the violation was heard. If the 31,807
contractor, subcontractor, or officer of a contractor or 31,808
subcontractor does not timely appeal the recommendation of the 31,809
administrator DIRECTOR or his DESIGNATED representative under 31,811
division (B) of this section, the contractor, subcontractor, or 31,812
officer of a contractor or subcontractor may appeal the findings 31,813
of fact, within sixty days after the recommendations are adopted 31,814
as findings of fact, to the court of common pleas within the 31,815
county in which the violation of sections 4115.03 to 4115.16 of 31,816
the Revised Code is alleged to have been committed or in Franklin 31,817
county, whichever county the person alleged to have committed the 31,818
violation chooses.
(E) No appeal to the court from the decision of the 31,820
administrator DIRECTOR may be had by the contractor or 31,821
subcontractor unless the contractor or subcontractor files a bond 31,824
with the court in the amount of the restitution, conditioned upon 31,825
payment should the decision of the administrator DIRECTOR be 31,826
upheld.
(F) No statement of a contractor, subcontractor, or 31,828
officer of a contractor or subcontractor and no recommendation or 31,829
finding of fact issued under this section is admissible as 31,830
evidence in a criminal action brought under this chapter against 31,831
the contractor, subcontractor, or officer of a contractor or 31,832
subcontractor. 31,833
(G) In determining whether a contractor, subcontractor, or 31,835
officer of a contractor or subcontractor intentionally violated 31,836
sections 4115.03 to 4115.16 of the Revised Code, the 31,837
administrator DIRECTOR may consider as evidence either of the 31,839
following:
(1) The fact that the bureau DIRECTOR, prior to the 31,841
720
commission of the violation under consideration, issued 31,842
notification to the contractor, subcontractor, or officer of a 31,843
contractor or subcontractor of the same or a similar violation, 31,844
provided that the commission of the same or a similar violation 31,845
of sections 4115.03 to 4115.16 of the Revised Code at a 31,846
subsequent time does not create a presumption that the subsequent 31,847
violation was intentional; 31,848
(2) The fact that, prior to the commission of the 31,850
violation, the contractor, subcontractor, or officer of a 31,851
contractor or subcontractor used reasonable efforts to ascertain 31,852
the correct interpretation of sections 4115.03 to 4115.16 of the 31,853
Revised Code from the administrator DIRECTOR or his designated 31,855
representative or the public authority pursuant to section 31,857
4115.04 or 4115.131 of the Revised Code, provided that a 31,858
violation is presumed not to be intentional where a contractor, 31,859
subcontractor, or officer of a contractor or subcontractor 31,860
complies with a decision the administrator DIRECTOR or his 31,861
designated representative issues pursuant to a request made under 31,864
section 4115.131 of the Revised Code.
(H) As used in this section, "intentional violation" means 31,866
a willful, knowing, or deliberate failure to comply with any 31,867
provision of sections 4115.03 to 4115.16 of the Revised Code, and 31,868
includes, but is not limited to, the following actions when 31,869
conducted in the manner described in this division: 31,870
(1) An intentional failure to submit reports as required 31,872
under division (C) of section 4115.071 of the Revised Code or 31,873
knowingly submitting false or erroneous reports; 31,874
(2) An intentional misclassification of employees for the 31,876
purpose of reducing wages; 31,877
(3) An intentional misclassification of employees as 31,879
independent contractors or as apprentices; 31,880
(4) An intentional failure to pay the prevailing wage; 31,882
(5) An intentional failure to comply with the allowable 31,884
ratio of apprentices to skilled workers as required under section 31,885
721
4115.05 of the Revised Code and by rules adopted by the bureau 31,888
DIRECTOR pursuant to section 4115.12 of the Revised Code; 31,889
(6) Intentionally allowing an officer of a contractor or 31,891
subcontractor who is known to be prohibited from contracting 31,892
directly or indirectly with a public authority for the 31,893
construction of a public improvement or from performing any work 31,894
on the same pursuant to section 4115.133 of the Revised Code to 31,895
perform work on a public improvement. 31,896
Sec. 4115.131. In the event of a specific contract dispute 31,905
concerning a prevailing wage determination, a proper wage 31,906
classification, or a novel or unusual situation pertaining to 31,907
sections 4115.03 to 4115.16 of the Revised Code, the 31,908
administrator DIRECTOR of the bureau of employment services 31,909
COMMERCE may, upon request by a public authority or by a person 31,911
having a contract with a public authority, cause to be made such 31,912
investigation and hearing as the administrator DIRECTOR deems 31,913
necessary and render a decision embodying the administrator's 31,915
DIRECTOR'S findings and conclusions. Unless finally reversed on 31,918
appeal to the courts, the decision of the administrator DIRECTOR 31,919
shall form the basis for decision of any complaint on the same 31,920
facts filed pursuant to sections 4115.03 to 4115.16 of the 31,921
Revised Code.
Sec. 4115.132. In any investigation undertaken by the 31,930
administrator DIRECTOR of the bureau of employment services 31,932
COMMERCE pursuant to sections 4115.03 to 4115.16 of the Revised 31,933
Code, the administrator DIRECTOR, a designated representative, or 31,935
hearing examiner may administer oaths, take and cause to be taken 31,936
depositions of witnesses, issue subpoenas, and compel the 31,937
attendance of witnesses and the production of papers, books, 31,938
accounts, payrolls, documents, records, and testimony relating to 31,939
and relevant to the violation under investigation. In case of 31,940
contumacy, failure, or refusal of any person, contractor, or 31,941
subcontractor to obey the order, any court of common pleas having 31,942
jurisdiction of the person, contractor, or subcontractor, upon 31,943
722
application of the administrator DIRECTOR or representative 31,944
designated by him THE DIRECTOR shall have jurisdiction to issue 31,946
to the person, contractor, or subcontractor an order requiring
the person, contractor, or subcontractor to appear before him THE 31,948
DIRECTOR or a representative designated by him THE DIRECTOR, to 31,950
produce evidence as is ordered, and to give testimony relating to 31,951
the matter under investigation or in question. Any failure to 31,952
obey an order of the court may be punished by the court as a 31,953
contempt thereof.
Sec. 4115.133. (A) The administrator DIRECTOR of the 31,962
bureau of employment services COMMERCE shall file with the 31,964
secretary of state a list of contractors, subcontractors, and 31,965
officers of contractors and subcontractors who have been 31,966
prosecuted and convicted for violations of or have been found to 31,967
have intentionally violated sections 4115.03 to 4115.16 of the 31,968
Revised Code. The administrator DIRECTOR shall not include on 31,969
the list a contractor, subcontractor, or officer of a contractor 31,971
or subcontractor until the expiration of any applicable appeal 31,972
period relative to the finding, or if appealed, until the date of 31,973
the final judgment of a court. 31,974
(B) Each contractor, subcontractor, or officer of a 31,976
contractor or subcontractor who has been prosecuted and convicted 31,977
for violations of or is found to have intentionally violated 31,978
sections 4115.03 to 4115.16 of the Revised Code is prohibited 31,979
from contracting directly or indirectly with any public authority 31,980
for the construction of a public improvement or from performing 31,981
any work on the same as a contractor, subcontractor, or officer 31,982
of a contractor or subcontractor for a period of one year from 31,983
the date of the expiration of the applicable period for filing an 31,984
appeal, or if appealed, from the date of the final judgment of a 31,985
court. If the contractor, subcontractor, or officer of a 31,986
contractor or subcontractor is found to have intentionally 31,987
violated sections 4115.03 to 4115.16 of the Revised Code another 31,988
time within five years after the date specified under division 31,989
723
(B) of this section, the contractor, subcontractor, or officer of 31,990
a contractor or subcontractor is prohibited from so contracting 31,991
or performing work for a period of three years from the date of 31,992
the expiration of the applicable period for filing an appeal, or 31,993
if appealed, from the date of the final judgment of a court. 31,994
(C) No public authority shall award a contract for a 31,996
public improvement to any contractor, subcontractor, or officer 31,997
of a contractor or subcontractor during the time that the 31,998
contractor's, subcontractor's, or officer's name appears on such 31,999
list. The filing of the notice of conviction or of the finding 32,000
with the secretary of state constitutes notice to all public 32,001
authorities. 32,002
Sec. 4115.14. If it is found that a person, public 32,011
authority, or prevailing wage coordinator has not complied with 32,012
sections 4115.03 to 4115.16 of the Revised Code, the 32,013
administrator DIRECTOR of the bureau of employment services 32,015
COMMERCE shall give notice thereof in writing to such person or 32,017
public authority pursuant to section 4115.15 of the Revised Code. 32,019
Sufficient time shall be allowed for compliance therewith as the 32,020
administrator DIRECTOR deems necessary not to exceed thirty days 32,021
from the date of notice.
At the expiration of the time prescribed in such notice, 32,023
the administrator DIRECTOR shall in writing inform the attorney 32,026
general of the fact that such notice has been given and that the 32,027
person, public authority, or prevailing wage coordinator to whom 32,028
it was directed has not complied with such notice. On receipt 32,029
thereof, the attorney general shall bring suit in the name of the 32,030
state in the court of common pleas of the county in which such 32,031
person, public authority, or prevailing wage coordinator is 32,032
located to enjoin the awarding of such contract for a public 32,033
improvement or if the contract has already been awarded to enjoin 32,034
further work under the contract until the requirements of such 32,035
notice are complied with.
The court may issue a temporary restraining order without 32,037
724
notice to the defendant in such action. Upon final hearing 32,038
thereof, if the court is satisfied that the requirements of the 32,039
notice by the administrator DIRECTOR to the defendant was not 32,042
unreasonable or arbitrary, it shall issue an order enjoining the 32,043
defendant from awarding such contract for a public improvement or 32,044
continuing work under the contract until the notice is complied 32,045
with.
Such injunctions shall continue operative until the court 32,047
is satisfied that the requirements of such notice have been 32,048
complied with and the court shall have and exercise with respect 32,049
to the enforcement of such injunctions all the power invested in 32,050
it in other similar cases. 32,051
Both the plaintiff and defendant in such action have the 32,053
same rights of appeal as are provided by law in other injunction 32,054
cases. 32,055
Sec. 4115.15. Where an investigation by the bureau 32,064
DIRECTOR of employment services COMMERCE reveals that a 32,065
contractor or subcontractor has failed to pay the prevailing rate 32,067
of wages, the contracting public authority or the administrator 32,068
of the bureau of employment services DIRECTOR may, upon written 32,069
notice to the contractor or subcontractor and the sureties of the 32,071
contractor or subcontractor, and after hearing held pursuant to 32,072
section 4115.13 of the Revised Code, order work halted on the 32,073
part of the contract for which less than the prevailing rate of
wages has been paid, until the defaulting contractor has filed 32,074
with the bureau DIRECTOR a bond in an amount of such penal sum as 32,075
the bureau DIRECTOR shall set, conditioned upon payment of the 32,077
prevailing rate of wages.
Sec. 4115.16. (A) An interested party may file a 32,086
complaint with the administrator DIRECTOR of the bureau of 32,088
employment services COMMERCE alleging a violation of sections 32,089
4115.03 to 4115.16 of the Revised Code. The administrator 32,090
DIRECTOR, upon receipt of a complaint, shall investigate pursuant 32,092
to section 4115.13 of the Revised Code. If the administrator 32,093
725
DIRECTOR determines that no violation has occurred or that the 32,094
violation was not intentional, the interested party may appeal 32,096
the decision to the court of common pleas of the county where the 32,097
violation is alleged to have occurred.
(B) If the administrator DIRECTOR has not ruled on the 32,099
merits of the complaint within sixty days after its filing, the 32,101
interested party may file a complaint in the court of common 32,102
pleas of the county in which the violation is alleged to have 32,103
occurred. The complaint may make the contracting public 32,104
authority a party to the action, but not the administrator 32,105
DIRECTOR. Contemporaneous with service of the complaint, the 32,108
interested party shall deliver a copy of the complaint to the 32,109
administrator DIRECTOR. Upon receipt thereof, the administrator 32,111
DIRECTOR shall cease investigating or otherwise acting upon the 32,113
complaint filed with him pursuant to division (A) of this 32,114
section. The court in which the complaint is filed pursuant to 32,115
this division shall hear and decide the case, and upon finding 32,116
that a violation has occurred, shall make such orders as will 32,117
prevent further violation and afford to injured persons the 32,118
relief specified under sections 4115.03 to 4115.16 of the Revised 32,119
Code. The court's finding that a violation has occurred shall 32,120
have the same consequences as a like determination by the 32,121
administrator DIRECTOR. The court may order the administrator 32,123
DIRECTOR to take such action as will prevent further violation 32,124
and afford to injured persons the remedies specified under 32,125
sections 4115.03 to 4115.16 of the Revised Code. Upon receipt of 32,126
any order of the court pursuant to this section, the 32,127
administrator DIRECTOR shall undertake enforcement action without 32,130
further investigation or hearings.
(C) The administrator DIRECTOR shall make available to the 32,132
parties to any appeal or action pursuant to this section all 32,134
files, documents, affidavits, or other information in the 32,135
administrator's DIRECTOR'S possession that pertains PERTAIN to 32,137
the matter. The rules generally applicable to civil actions in 32,139
726
the courts of this state shall govern all appeals or actions 32,140
under this section. Any determination of a court under this 32,141
section is subject to appellate review. 32,142
(D) Where, pursuant to this section, a court finds a 32,144
violation of sections 4115.03 to 4115.16 of the Revised Code, the 32,145
court shall award attorney fees and court costs to the prevailing 32,146
party. In the event the court finds that no violation has 32,147
occurred, the court may award court costs and attorney fees to 32,148
the prevailing party, other than to the bureau of employment 32,150
services DIRECTOR or the public authority, where the court finds 32,152
the action brought was unreasonable or without foundation, even 32,154
though not brought in subjective bad faith.
Sec. 4115.32. (A) There is hereby created the state 32,163
committee for the purchase of products and services provided by 32,164
persons with severe disabilities. The committee shall be 32,166
composed ex officio of the following persons, or their designees: 32,167
(1) The directors of administrative services, mental 32,170
health, mental retardation and developmental disabilities, 32,171
transportation, and natural resources, AND COMMERCE; 32,172
(2) The administrators of the rehabilitation services 32,175
commission, the bureau of employment services, and the bureau of 32,176
workers' compensation;
(3) The secretary of state; 32,178
(4) One representative of a purchasing department of a 32,181
political subdivision who is designated by the governor. 32,182
The governor shall appoint two representatives of a 32,185
qualified nonprofit agency for persons with severe disabilities,
and a person with a severe disability to the committee. 32,186
(B) Within thirty days after the effective date of this 32,188
amendment SEPTEMBER 29, 1995, the governor shall appoint the 32,190
representatives of a qualified nonprofit agency for persons with 32,192
severe disabilities to the committee for a term ending August 31, 32,193
1996. Thereafter, terms for such representatives are for three 32,195
years, each term ending on the same day of the same month of the 32,196
727
year as did the term that it succeeds. Each committee member 32,197
shall serve from the date of the member's appointment until the 32,199
end of the term for which the member was appointed. Vacancies 32,200
shall be filled in the same manner provided for original
appointments. Any member appointed to fill a vacancy occurring 32,201
prior to the expiration date of the term for which the member's 32,202
predecessor was appointed shall serve as a member for the 32,203
remainder of that term. A member shall serve subsequent to the 32,204
expiration of the member's term and shall continue to serve until 32,206
the member's successor takes office.
(C) Members of the committee shall serve without 32,208
compensation. Except as otherwise provided in divisions (C)(1) 32,210
and (2) of this section, members shall be reimbursed for actual 32,211
and necessary expenses, including travel expenses, incurred while 32,212
away from their homes or regular places of business and incurred
while performing services for the committee. 32,213
(1) The members listed in divisions (A)(1) to (3) of this 32,215
section, or their designees, shall not be reimbursed for any 32,216
expenses.
(2) No member of the committee who is entitled to receive 32,218
reimbursement for the performance of services for the committee 32,219
from another agency or entity shall receive reimbursement from 32,220
the committee.
(D) The committee shall elect from among its members a 32,222
chairperson. The committee may request from any agency of the 32,223
state, political subdivision, or instrumentality of the state any 32,225
information necessary to enable it to carry out the intent of
sections 4115.31 to 4115.35 of the Revised Code. Upon request of 32,228
the committee, the agency, subdivision, or instrumentality shall
furnish the information to the chairperson of the committee. 32,230
(E) The committee shall not later than one hundred eighty 32,232
days following the close of each fiscal year transmit to the 32,233
governor, the general assembly, and each qualified nonprofit 32,235
agency for persons with severe disabilities a report that 32,236
728
includes the names of the committee members serving during the
preceding fiscal year, the dates of committee meetings in that 32,237
year, and any recommendations for changes in sections 4115.31 to 32,238
4115.35 of the Revised Code that the committee determines are 32,239
necessary.
(F) The director of mental retardation and developmental 32,241
disabilities shall designate a subordinate to act as executive 32,242
director of the committee and shall furnish other staff and 32,244
clerical assistance, office space, and supplies required by the 32,245
committee. 32,246
Sec. 4121.69. (A) The administrator of workers' 32,255
compensation may establish compensation plans, including 32,256
schedules of hourly rates, for the compensation of professional, 32,257
administrative, and managerial employees who are employed to 32,258
fulfill the duties placed upon the bureau of workers' 32,259
compensation pursuant to sections 4121.61 to 4121.69 of the 32,260
Revised Code. The administrator may establish rules or policies 32,261
for the administration of the respective compensation plans. 32,262
This division does not apply to employees for whom the 32,264
state employment relations board establishes appropriate 32,265
bargaining units pursuant to section 4117.06 of the Revised Code. 32,266
(B) The administrator may employ the services and 32,268
resources of any public entity or private person, business, or 32,269
association in fulfilling the duties placed upon the bureau of 32,270
workers' compensation by sections 4121.61 to 4121.69 of the 32,271
Revised Code. The rehabilitation services commission, the bureau 32,272
DIRECTOR of employment JOB AND FAMILY services, and any other 32,274
public officer, employee, or agency shall give to the bureau of 32,275
workers' compensation full cooperation and, at the request of the 32,276
administrator, enter into a written agreement stating the 32,277
procedures and criteria for referring, accepting, and providing 32,278
services to claimants in the job placement and rehabilitation 32,279
efforts of the bureau of workers' compensation on behalf of a 32,280
claimant when referred by the bureau of workers' compensation. 32,281
729
(C) In appropriate cases, the bureau may refer a candidate 32,283
to the rehabilitation services commission for participation in a 32,284
program of the commission. For that purpose, the bureau of 32,285
workers' compensation shall compensate the commission for the 32,286
nonfederal portion of its services. 32,287
Sec. 4123.038. As used in this section and section 32,296
4123.039 of the Revised Code: 32,297
(A) "Apprentice" and "apprenticeship agreement" have the 32,299
meaning defined in section 4111.25 of the Revised Code. 32,300
(B) "Related and supplemental instructions" means training 32,302
offered, conducted, supervised, or given under the sponsorship of 32,303
any joint apprenticeship committee or other sponsoring 32,304
organization to apprentices, which training is given in addition 32,305
to the approved schedule of work experience through employment, 32,306
and which is to be credited towards the minimum hours of related 32,307
and supplemental instructions required by section 4111.25 4139.01 32,309
of the Revised Code. 32,310
(C) "Pre-apprentice" means a person who receives formal 32,312
classroom training designed to provide him THE PERSON with the 32,313
basic education, attitudes, skills, trade knowledge, and 32,314
motivation necessary to enter a formal apprenticeship program. 32,315
(D) "Entry-level trainee" means a person who possesses 32,317
experience that would qualify him THE PERSON as a journeyman 32,319
JOURNEYPERSON but for the existence of certain other
disqualifying conditions and who receives on-the-job training 32,320
accompanied by classroom instruction outside of normal working 32,322
hours.
(E) "Journeyman JOURNEYPERSON trainee" means a person with 32,324
journeyman JOURNEYPERSON status in a given trade who receives 32,325
classroom and laboratory training for the purpose of broadening 32,327
his THE PERSON'S skills and acquainting him THE PERSON with new 32,328
techniques and ideas in the trade. 32,329
Sec. 4123.27. Information contained in the annual 32,338
statement provided for in section 4123.26 of the Revised Code, 32,339
730
and such other information as may be furnished to the bureau of 32,340
workers' compensation by employers in pursuance of that section, 32,341
is for the exclusive use and information of the bureau in the 32,342
discharge of its official duties, and shall not be open to the 32,343
public nor be used in any court in any action or proceeding 32,344
pending therein unless the bureau is a party to the action or 32,345
proceeding; but the information contained in the statement may be 32,346
tabulated and published by the bureau in statistical form for the 32,347
use and information of other state departments and the public. 32,348
No person in the employ of the bureau, except those who are 32,349
authorized by the administrator of workers' compensation, shall 32,350
divulge any information secured by him THE PERSON while in the 32,351
employ of the bureau in respect to the transactions, property, 32,352
claim files, records, or papers of the bureau or in respect to 32,353
the business or mechanical, chemical, or other industrial process 32,354
of any company, firm, corporation, person, association, 32,355
partnership, or public utility to any person other than the 32,356
administrator or to the superior of such employee of the bureau. 32,357
Notwithstanding the restrictions imposed by this section, 32,359
the governor, select or standing committees of the general 32,360
assembly, the auditor of state, the attorney general, or their 32,361
designees, pursuant to the authority granted in this chapter and 32,362
Chapter 4121. of the Revised Code, may examine any records, claim 32,363
files, or papers in possession of the industrial commission or 32,364
the bureau. They also are bound by the privilege that attaches 32,365
to these papers. 32,366
The administrator shall report to the director of human JOB 32,368
AND FAMILY services or to the county director of human JOB AND 32,369
FAMILY services the name, address, and social security number or 32,371
other identification number of any person receiving workers' 32,372
compensation whose name or social security number or other 32,373
identification number is the same as that of a person required by 32,374
a court or child support enforcement agency to provide support 32,375
payments to a recipient or participant of public assistance, and 32,376
731
whose name is submitted to the administrator by the director 32,377
under section 5101.36 of the Revised Code. The administrator 32,378
also shall inform the director of the amount of workers' 32,379
compensation paid to the person during such period as the 32,380
director specifies.
Within fourteen days after receiving from the director of 32,382
human JOB AND FAMILY services a list of the names and social 32,383
security numbers of recipients or participants of public 32,385
assistance pursuant to section 5101.181 of the Revised Code, the 32,387
administrator shall inform the auditor of state of the name, 32,388
current or most recent address, and social security number of 32,389
each person receiving workers' compensation pursuant to this 32,390
chapter whose name and social security number are the same as 32,391
that of a person whose name or social security number was 32,392
submitted by the director. The administrator also shall inform 32,393
the auditor of state of the amount of workers' compensation paid 32,394
to the person during such period as the director specifies. 32,395
The bureau and its employees, except for purposes of 32,397
furnishing the auditor of state with information required by this 32,398
section, shall preserve the confidentiality of recipients or 32,399
participants of public assistance in compliance with division (A) 32,400
of section 5101.181 of the Revised Code. 32,402
For the purposes of this section, "public assistance" means 32,404
medical assistance provided through the medical assistance 32,405
program established under section 5111.01 of the Revised Code, 32,406
Ohio works first provided under Chapter 5107. of the Revised 32,408
Code, prevention, retention, and contingency assistance provided
under Chapter 5108. of the Revised Code, or disability assistance 32,409
provided under Chapter 5115. of the Revised Code. 32,410
Sec. 4123.56. (A) Except as provided in division (D) of 32,419
this section, in the case of temporary disability, an employee 32,420
shall receive sixty-six and two-thirds per cent of his THE 32,421
EMPLOYEE'S average weekly wage so long as such disability is 32,423
total, not to exceed a maximum amount of weekly compensation 32,424
732
which is equal to the statewide average weekly wage as defined in 32,425
division (C) of section 4123.62 of the Revised Code, and not less 32,426
than a minimum amount of compensation which is equal to 32,427
thirty-three and one-third per cent of the statewide average 32,428
weekly wage as defined in division (C) of section 4123.62 of the 32,429
Revised Code unless the employee's wage is less than thirty-three 32,430
and one-third per cent of the minimum statewide average weekly 32,431
wage, in which event he THE EMPLOYEE shall receive compensation 32,432
equal to his THE EMPLOYEE'S full wages; provided that for the 32,434
first twelve weeks of total disability the employee shall receive 32,435
seventy-two per cent of his THE EMPLOYEE'S full weekly wage, but 32,436
not to exceed a maximum amount of weekly compensation which is 32,437
equal to the lesser of the statewide average weekly wage as 32,438
defined in division (C) of section 4123.62 of the Revised Code or 32,439
one hundred per cent of the employee's net take-home weekly wage. 32,440
In the case of a self-insuring employer, payments shall be for a 32,442
duration based upon the medical reports of the attending 32,443
physician. If the employer disputes the attending physician's 32,444
report, payments may be terminated only upon application and 32,445
hearing by a district hearing officer pursuant to division (C) of 32,446
section 4123.511 of the Revised Code. Payments shall continue 32,447
pending the determination of the matter, however payment shall 32,448
not be made for the period when any employee has returned to 32,449
work, when an employee's treating physician has made a written 32,450
statement that the employee is capable of returning to his THE 32,451
EMPLOYEE'S former position of employment, when work within the 32,452
physical capabilities of the employee is made available by the 32,453
employer or another employer, or when the employee has reached 32,454
the maximum medical improvement. Where the employee is capable 32,455
of work activity, but his THE EMPLOYEE'S employer is unable to 32,457
offer him THE EMPLOYEE any employment, the employee shall
register with the bureau DIRECTOR of employment JOB AND FAMILY 32,459
services, which WHO shall assist the employee in finding suitable 32,462
employment. The termination of temporary total disability, 32,463
733
whether by order or otherwise, does not preclude the commencement 32,464
of temporary total disability at another point in time if the 32,465
employee again becomes temporarily totally disabled.
After two hundred weeks of temporary total disability 32,467
benefits, the bureau medical section OF THE BUREAU OF WORKERS' 32,468
COMPENSATION shall schedule the claimant for an examination for 32,470
an evaluation to determine whether or not the temporary 32,471
disability has become permanent. A self-insuring employer shall 32,472
notify the bureau of workers' compensation immediately after 32,473
payment of two hundred weeks of temporary total disability and 32,474
request that the bureau of workers' compensation schedule the 32,475
claimant for such an examination.
When the employee is awarded compensation for temporary 32,477
total disability for a period for which he THE EMPLOYEE has 32,478
received benefits under Chapter 4141. of the Revised Code, the 32,479
bureau of workers' compensation shall pay an amount equal to the 32,480
amount received from the award to the bureau DIRECTOR of 32,481
employment JOB AND FAMILY services and the administrator of 32,484
employment services DIRECTOR shall credit the amount to the 32,486
accounts of the employers to whose accounts the payment of
benefits was charged or is chargeable to the extent it was 32,487
charged or is chargeable. 32,488
If any compensation under this section has been paid for 32,490
the same period or periods for which temporary nonoccupational 32,491
accident and sickness insurance is or has been paid pursuant to 32,492
an insurance policy or program to which the employer has made the 32,493
entire contribution or payment for providing insurance or under a 32,494
nonoccupational accident and sickness program fully funded by the 32,495
employer, compensation paid under this section for the period or 32,496
periods shall be paid only to the extent by which the payment or 32,497
payments exceeds the amount of the nonoccupational insurance or 32,498
program paid or payable. Offset of the compensation shall be 32,499
made only upon the prior order of the bureau of workers' 32,500
compensation or industrial commission or agreement of the 32,501
734
claimant. 32,502
As used in this division, "net take-home weekly wage" means 32,504
the amount obtained by dividing an employee's total remuneration, 32,505
as defined in section 4141.01 of the Revised Code, paid to or 32,506
earned by the employee during the first four of the last five 32,507
completed calendar quarters which immediately precede the first 32,508
day of the employee's entitlement to benefits under this 32,509
division, by the number of weeks during which the employee was 32,510
paid or earned remuneration during those four quarters, less the 32,511
amount of local, state, and federal income taxes deducted for 32,512
each such week. 32,513
(B) Where an employee in a claim allowed under this 32,515
chapter suffers a wage loss as a result of returning to 32,516
employment other than his THE EMPLOYEE'S former position of 32,517
employment or as a result of being unable to find employment 32,518
consistent with the claimant's physical capabilities, he THE 32,519
EMPLOYEE shall receive compensation at sixty-six and two-thirds 32,520
per cent of his THE EMPLOYEE'S weekly wage loss not to exceed the 32,521
statewide average weekly wage for a period not to exceed two 32,522
hundred weeks.
(C) In the event an employee of a professional sports 32,524
franchise domiciled in this state is disabled as the result of an 32,526
injury or occupational disease, the total amount of payments made
under a contract of hire or collective bargaining agreement to 32,527
the employee during a period of disability is deemed an advanced 32,528
payment of compensation payable under sections 4123.56 to 4123.58 32,529
of the Revised Code. The employer shall be reimbursed the total 32,530
amount of the advanced payments out of any award of compensation 32,531
made pursuant to sections 4123.56 to 4123.58 of the Revised Code. 32,532
(D) If an employee receives temporary total disability 32,534
benefits pursuant to division (A) of this section and social 32,535
security retirement benefits pursuant to the "Social Security 32,536
Act," the weekly benefit amount under division (A) of this 32,537
section shall not exceed sixty-six and two-thirds per cent of the 32,538
735
statewide average weekly wage as defined in division (C) of 32,539
section 4123.62 of the Revised Code. 32,540
Sec. 4123.62. (A) If it is established that an injured or 32,549
disabled employee was of such age and experience when injured or 32,550
disabled as that under natural conditions his AN INJURED OR 32,551
DISABLED EMPLOYEE'S wages would be expected to increase, the 32,553
administrator of workers' compensation may consider that fact in 32,554
arriving at his AN INJURED OR DISABLED EMPLOYEE'S average weekly 32,555
wage.
(B) On each first day of January, the current maximum 32,557
monthly benefit amounts provided in sections 4123.412, 4123.413, 32,558
and 4123.414 of the Revised Code in injury cases shall be 32,559
adjusted based on the United States department of labor's 32,560
national consumer price index. The percentage increase in the 32,561
cost of living using the index figure for the first day of 32,562
September of the preceding year and the first day of September of 32,563
the year preceding that year shall be applied to the maximums in 32,564
effect on the preceding thirty-first day of December to obtain 32,565
the increase in the cost of living during that year. 32,566
In determining the increase in the maximum benefits for any 32,568
year after 1972, the base shall be the national consumer price 32,569
index on the first day of September of the preceding year. The 32,570
increase in the index for the applicable twelve-month period 32,571
shall be determined and shall be divided by the base used. The 32,572
resulting percentage shall be applied to the existing maximums to 32,573
arrive at the new maximums. 32,574
(C) Effective January 1, 1974, and each first day of 32,576
January thereafter, the current maximum weekly benefit amounts 32,577
provided in sections 4123.56, 4123.58, and 4123.59, and division 32,578
(B) of section 4123.57 of the Revised Code shall be adjusted 32,579
based on the increase or decrease in the statewide average weekly 32,580
wage. 32,581
"Statewide average weekly wage" means the average weekly 32,583
earnings of all workers in Ohio employment subject to Chapter 32,584
736
4141. of the Revised Code as determined as of the first day of 32,585
September for the four full calendar quarters preceding the first 32,586
day of July of each year, by the administrator DIRECTOR of the 32,588
bureau of employment JOB AND FAMILY services.
The statewide average weekly wage to be used for the 32,590
determination of compensation for any employee who sustains an 32,591
injury, or death, or who contracts an occupational disease during 32,592
the subsequent calendar year beginning with the first day of 32,593
January, shall be the statewide average weekly wage so determined 32,594
as of the prior first day of September adjusted to the next 32,595
higher even multiple of one dollar. 32,596
Any change in benefit amounts is effective with respect to 32,598
injuries sustained, occupational diseases contracted, and deaths 32,599
occurring during the calendar year for which adjustment is made. 32,600
In determining the change in the maximum benefits for any 32,602
year after 1978, the base shall be the statewide average weekly 32,603
wage on the first day of September of the preceding year. 32,604
Sec. 4111.25 4139.01. As used in sections 4111.25 4139.01 32,614
to 4111.30 4139.06 of the Revised Code: 32,615
(A) "Apprentice" means a person at least sixteen years of 32,617
age who is covered by an apprenticeship agreement. 32,618
(B) "Apprenticeship agreement" means a written agreement, 32,620
registered with the Ohio state apprenticeship council, providing 32,621
for not less than two thousand hours of reasonably continuous 32,622
employment, and for participation in an approved schedule of work 32,623
experience through employment, which shall be supplemented by a 32,624
minimum of one hundred forty-four hours per year of related and 32,625
supplemental instructions.
Sec. 4111.26 4139.02. There is hereby established in the 32,634
bureau DEPARTMENT of employment JOB AND FAMILY services an 32,636
apprenticeship council consisting of nine members and selected by 32,638
the administrator of the bureau DIRECTOR of employment JOB AND 32,639
FAMILY services as follows: three of the appointees to such 32,640
council shall be individuals who, by reason of their previous 32,641
737
vocation, employment, or affiliations, can be classified as 32,642
representatives of employees; three of the appointees to such 32,643
council shall be individuals who, by reason of their previous 32,644
vocation, employment, or affiliations, can be classified as
representatives of employers; and three of the appointees to such 32,645
council shall be individuals who, by reason of their previous 32,646
vocation, employment, or affiliations, can be classified as 32,647
representatives of the public and shall not be directly concerned 32,648
with any industrial employer or group of employees. The members 32,649
of the council shall serve at the pleasure of the administrator
DIRECTOR, and shall serve without compensation but shall be paid 32,652
their necessary expenses which are incurred in the discharge of 32,653
their official duties.
Sec. 4111.27 4139.03. The apprenticeship council may 32,662
establish minimum standards for apprenticeship programs and may 32,663
formulate policies and issue rules as may be necessary to carry 32,665
out the purpose of sections 4111.26 4139.01 to 4111.30 4139.06 of 32,666
the Revised Code. The council shall determine the date and place 32,667
of its meetings and shall prescribe its own rules of procedure. 32,668
Sec. 4111.28 4139.04. The administrator of the bureau 32,677
DIRECTOR of employment JOB AND FAMILY services shall appoint the 32,680
executive secretary of the apprenticeship council, which 32,681
appointment shall be subject to confirmation by a majority vote 32,682
of the council. The administrator DIRECTOR shall appoint such 32,683
additional personnel as may be necessary, subject to Chapter 124. 32,685
of the Revised Code.
Sec. 4111.29 4139.05. The executive secretary of the 32,694
apprenticeship council has the following duties: 32,696
(A) Encourage the voluntary participation of employers and 32,698
employees in the furtherance of the objective of sections 4111.25 32,699
4139.01 to 4111.30 4139.06 of the Revised Code; 32,701
(B) Register any apprenticeship programs and agreements 32,703
that meet the minimum standards established by the council; 32,704
(C) Terminate or cancel on the authority of the council 32,706
738
any registered apprenticeship programs and agreements not in 32,707
accordance with the provisions of such standards; 32,708
(D) Keep a record of apprenticeship programs and their 32,710
disposition;
(E) Issue certificate of completion of apprenticeship in 32,712
accordance with the council's standards; 32,713
(F) Devise all necessary procedures and records; 32,715
(G) Prepare statistical reports regarding apprenticeship 32,717
training;
(H) Issue information related to apprenticeship; 32,719
(I) Perform such other duties as the council may direct. 32,721
Sec. 4111.30 4139.06. Participation in apprenticeship 32,727
programs by persons, firms, political subdivisions, corporations, 32,729
employer associations, or organizations of employees shall be 32,730
entirely on a voluntary basis and apply only to those who elect 32,731
to subscribe to the standards and procedure established under
sections 4111.25 4139.01 to 4111.30 4139.06 of the Revised Code. 32,733
Sec. 4141.01. As used in this chapter, unless the context 32,742
otherwise requires: 32,743
(A)(1) "Employer" means the state, its instrumentalities, 32,745
its political subdivisions and their instrumentalities, and any 32,746
individual or type of organization including any partnership, 32,747
limited liability company, association, trust, estate, 32,748
joint-stock company, insurance company, or corporation, whether 32,750
domestic or foreign, or the receiver, trustee in bankruptcy, 32,751
trustee, or the successor thereof, or the legal representative of 32,752
a deceased person who subsequent to December 31, 1971, or in the 32,753
case of political subdivisions or their instrumentalities, 32,754
subsequent to December 31, 1973: 32,755
(a) Had in employment at least one individual, or in the 32,757
case of a nonprofit organization, subsequent to December 31, 32,758
1973, had not less than four individuals in employment for some 32,759
portion of a day in each of twenty different calendar weeks, in 32,760
either the current or the preceding calendar year whether or not 32,761
739
the same individual was in employment in each such day; or 32,762
(b) Except for a nonprofit organization, had paid for 32,764
service in employment wages of fifteen hundred dollars or more in 32,765
any calendar quarter in either the current or preceding calendar 32,766
year; or 32,767
(c) Had paid, subsequent to December 31, 1977, for 32,769
employment in domestic service in a local college club, or local 32,770
chapter of a college fraternity or sorority, cash remuneration of 32,771
one thousand dollars or more in any calendar quarter in the 32,772
current calendar year or the preceding calendar year, or had paid 32,773
subsequent to December 31, 1977, for employment in domestic 32,774
service in a private home cash remuneration of one thousand 32,775
dollars in any calendar quarter in the current calendar year or 32,777
the preceding calendar year:
(i) For the purposes of divisions (A)(1)(a) and (b) of 32,779
this section, there shall not be taken into account any wages 32,780
paid to, or employment of, an individual performing domestic 32,781
service as described in this division. 32,782
(ii) An employer under this division shall not be an 32,784
employer with respect to wages paid for any services other than 32,785
domestic service unless the employer is also found to be an 32,786
employer under division (A)(1)(a), (b), or (d) of this section. 32,787
(d) As a farm operator or a crew leader subsequent to 32,789
December 31, 1977, had in employment individuals in agricultural 32,790
labor; and 32,791
(i) During any calendar quarter in the current calendar 32,793
year or the preceding calendar year, paid cash remuneration of 32,794
twenty thousand dollars or more for the agricultural labor; or 32,795
(ii) Had at least ten individuals in employment in 32,797
agricultural labor, not including agricultural workers who are 32,798
aliens admitted to the United States to perform agricultural 32,799
labor pursuant to sections 214(e) and 101(a)(15)(H) of the 32,801
"Immigration and Nationality Act," 66 Stat. 163, 8 U.S.C.A. 32,802
1101(a)(15)(H)(ii)(a), for some portion of a day in each of the 32,804
740
twenty different calendar weeks, in either the current or 32,805
preceding calendar year whether or not the same individual was in 32,806
employment in each day; or
(e) Is not otherwise an employer as defined under division 32,808
(A)(1)(a) or (b) of this section; and 32,809
(i) For which, within either the current or preceding 32,811
calendar year, service, except for domestic service in a private 32,812
home not covered under division (A)(1)(c) of this section, is or 32,813
was performed with respect to which such employer is liable for 32,814
any federal tax against which credit may be taken for 32,815
contributions required to be paid into a state unemployment fund; 32,816
(ii) Which, as a condition for approval of this chapter 32,818
for full tax credit against the tax imposed by the "Federal 32,819
Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301 to 3311, is 32,821
required, pursuant to such act to be an employer under this 32,822
chapter; or 32,823
(iii) Who became an employer by election under division 32,825
(A)(4) or (5) of this section and for the duration of such 32,826
election; or 32,827
(f) In the case of the state, its instrumentalities, its 32,829
political subdivisions, and their instrumentalities, had in 32,830
employment, as defined in division (B)(2)(a) of this section, at 32,831
least one individual; 32,832
(g) For the purposes of division (A)(1)(a) of this 32,834
section, if any week includes both the thirty-first day of 32,835
December and the first day of January, the days of that week 32,836
before the first day of January shall be considered one calendar 32,837
week and the days beginning the first day of January another 32,838
week. 32,839
(2) Each individual employed to perform or to assist in 32,841
performing the work of any agent or employee of an employer is 32,842
employed by such employer for all the purposes of this chapter, 32,843
whether such individual was hired or paid directly by such 32,844
employer or by such agent or employee, provided the employer had 32,845
741
actual or constructive knowledge of the work. All individuals 32,846
performing services for an employer of any person in this state 32,847
who maintains two or more establishments within this state are 32,848
employed by a single employer for the purposes of this chapter. 32,849
(3) An employer subject to this chapter within any 32,851
calendar year is subject to this chapter during the whole of such 32,852
year and during the next succeeding calendar year. 32,853
(4) An employer not otherwise subject to this chapter who 32,855
files with the administrator DIRECTOR of the bureau of employment 32,857
JOB AND FAMILY services a written election to become an employer 32,858
subject to this chapter for not less than two calendar years 32,859
shall, with the written approval of such election by the 32,860
administrator DIRECTOR, become an employer subject to this 32,862
chapter to the same extent as all other employers as of the date 32,863
stated in such approval, and shall cease to be subject to this 32,864
chapter as of the first day of January of any calendar year 32,865
subsequent to such two calendar years only if at least thirty 32,866
days prior to such first day of January the employer has filed 32,867
with the administrator DIRECTOR a written notice to that effect. 32,868
(5) Any employer for whom services that do not constitute 32,870
employment are performed may file with the administrator DIRECTOR 32,872
a written election that all such services performed by 32,873
individuals in the employer's employ in one or more distinct 32,874
establishments or places of business shall be deemed to 32,875
constitute employment for all the purposes of this chapter, for 32,876
not less than two calendar years. Upon written approval of the 32,877
election by the administrator DIRECTOR, such services shall be 32,878
deemed to constitute employment subject to this chapter from and 32,879
after the date stated in such approval. Such services shall 32,880
cease to be employment subject to this chapter as of the first 32,881
day of January of any calendar year subsequent to such two 32,882
calendar years only if at least thirty days prior to such first 32,883
day of January such employer has filed with the administrator 32,884
DIRECTOR a written notice to that effect.
742
(B)(1) "Employment" means service performed by an 32,887
individual for remuneration under any contract of hire, written 32,889
or oral, express or implied, including service performed in 32,890
interstate commerce and service performed by an officer of a 32,891
corporation, without regard to whether such service is executive, 32,892
managerial, or manual in nature, and without regard to whether 32,893
such officer is a stockholder or a member of the board of 32,894
directors of the corporation, unless it is shown to the 32,895
satisfaction of the administrator DIRECTOR that such individual 32,896
has been and will continue to be free from direction or control 32,897
over the performance of such service, both under a contract of 32,900
service and in fact. The administrator DIRECTOR shall adopt 32,901
rules to define "direction or control." 32,902
(2) "Employment" includes: 32,904
(a) Service performed after December 31, 1977, by an 32,906
individual in the employ of the state or any of its 32,907
instrumentalities, or any political subdivision thereof or any of 32,908
its instrumentalities or any instrumentality of more than one of 32,909
the foregoing or any instrumentality of any of the foregoing and 32,910
one or more other states or political subdivisions and without 32,911
regard to divisions (A)(1)(a) and (b) of this section, provided 32,912
that such service is excluded from employment as defined in the 32,913
"Federal Unemployment Tax Act," 53 Stat. 183, 26 U.S.C.A. 3301, 32,914
3306(c)(7) and is not excluded under division (B)(3) of this 32,915
section; or the services of employees covered by voluntary 32,916
election, as provided under divisions (A)(4) and (5) of this 32,917
section; 32,918
(b) Service performed after December 31, 1971, by an 32,920
individual in the employ of a religious, charitable, educational, 32,921
or other organization which is excluded from the term 32,922
"employment" as defined in the "Federal Unemployment Tax Act," 84 32,923
Stat. 713, 26 U.S.C.A. 3301 to 3311, solely by reason of section 32,925
26 U.S.C.A. 3306(c)(8) of that act and is not excluded under 32,926
division (B)(3) of this section; 32,927
743
(c) Domestic service performed after December 31, 1977, 32,929
for an employer, as provided in division (A)(1)(c) of this 32,930
section; 32,931
(d) Agricultural labor performed after December 31, 1977, 32,933
for a farm operator or a crew leader, as provided in division 32,934
(A)(1)(d) of this section; 32,935
(e) Service not covered under division (B)(1) of this 32,937
section which is performed after December 31, 1971: 32,938
(i) As an agent-driver or commission-driver engaged in 32,940
distributing meat products, vegetable products, fruit products, 32,941
bakery products, beverages other than milk, laundry, or 32,942
dry-cleaning services, for the individual's employer or 32,943
principal; 32,944
(ii) As a traveling or city salesperson, other than as an 32,946
agent-driver or commission-driver, engaged on a full-time basis 32,947
in the solicitation on behalf of and in the transmission to the 32,949
salesperson's employer or principal except for sideline sales 32,950
activities on behalf of some other person of orders from 32,951
wholesalers, retailers, contractors, or operators of hotels, 32,952
restaurants, or other similar establishments for merchandise for 32,953
resale, or supplies for use in their business operations, 32,954
provided that for the purposes of this division (B)(2)(e)(ii) of 32,955
this section, the services shall be deemed employment if the 32,956
contract of service contemplates that substantially all of the 32,957
services are to be performed personally by the individual and 32,958
that the individual does not have a substantial investment in 32,959
facilities used in connection with the performance of the 32,960
services other than in facilities for transportation, and the 32,961
services are not in the nature of a single transaction that is 32,962
not a part of a continuing relationship with the person for whom 32,963
the services are performed. 32,964
(f) An individual's entire service performed within or 32,966
both within and without the state if: 32,967
(i) The service is localized in this state. 32,969
744
(ii) The service is not localized in any state, but some 32,971
of the service is performed in this state and either the base of 32,972
operations, or if there is no base of operations then the place 32,973
from which such service is directed or controlled, is in this 32,974
state or the base of operations or place from which such service 32,975
is directed or controlled is not in any state in which some part 32,976
of the service is performed but the individual's residence is in 32,977
this state. 32,978
(g) Service not covered under division (B)(2)(f)(ii) of 32,980
this section and performed entirely without this state, with 32,981
respect to no part of which contributions are required and paid 32,982
under an unemployment compensation law of any other state, the 32,983
Virgin Islands, Canada, or of the United States, if the 32,984
individual performing such service is a resident of this state 32,985
and the administrator of the bureau of employment services 32,986
DIRECTOR approves the election of the employer for whom such 32,988
services are performed; or, if the individual is not a resident 32,989
of this state but the place from which the service is directed or 32,991
controlled is in this state, the entire services of such 32,992
individual shall be deemed to be employment subject to this 32,993
chapter, provided service is deemed to be localized within this 32,994
state if the service is performed entirely within this state or 32,995
if the service is performed both within and without this state 32,996
but the service performed without this state is incidental to the 32,997
individual's service within the state, for example, is temporary 32,998
or transitory in nature or consists of isolated transactions; 32,999
(h) Service of an individual who is a citizen of the 33,001
United States, performed outside the United States except in 33,002
Canada after December 31, 1971, or the Virgin Islands, after 33,003
December 31, 1971, and before the first day of January of the 33,004
year following that in which the United States secretary of labor 33,005
approves the Virgin Islands law for the first time, in the employ 33,006
of an American employer, other than service which is "employment" 33,007
under divisions (B)(2)(f) and (g) of this section or similar 33,008
745
provisions of another state's law, if: 33,009
(i) The employer's principal place of business in the 33,011
United States is located in this state; 33,012
(ii) The employer has no place of business in the United 33,014
States, but the employer is an individual who is a resident of 33,015
this state; or the employer is a corporation which is organized 33,016
under the laws of this state, or the employer is a partnership or 33,017
a trust and the number of partners or trustees who are residents 33,018
of this state is greater than the number who are residents of any 33,019
other state; or 33,020
(iii) None of the criteria of divisions (B)(2)(f)(i) and 33,022
(ii) of this section is met but the employer has elected coverage 33,023
in this state or the employer having failed to elect coverage in 33,024
any state, the individual has filed a claim for benefits, based 33,025
on such service, under this chapter. 33,026
(i) For the purposes of division (B)(2)(h) of this 33,028
section, the term "American employer" means an employer who is an 33,029
individual who is a resident of the United States; or a 33,030
partnership, if two-thirds or more of the partners are residents 33,031
of the United States; or a trust, if all of the trustees are 33,032
residents of the United States; or a corporation organized under 33,033
the laws of the United States or of any state, provided the term 33,034
"United States" includes the states, the District of Columbia, 33,035
the Commonwealth of Puerto Rico, and the Virgin Islands. 33,036
(j) Notwithstanding any other provisions of divisions 33,038
(B)(1) and (2) of this section, service, except for domestic 33,039
service in a private home not covered under division (A)(1)(c) of 33,040
this section, with respect to which a tax is required to be paid 33,041
under any federal law imposing a tax against which credit may be 33,042
taken for contributions required to be paid into a state 33,043
unemployment fund, or service, except for domestic service in a 33,044
private home not covered under division (A)(1)(c) of this 33,045
section, which, as a condition for full tax credit against the 33,046
tax imposed by the "Federal Unemployment Tax Act," 84 Stat. 713, 33,047
746
26 U.S.C.A. 3301 to 3311, is required to be covered under this 33,048
chapter. 33,049
(k) Construction services performed by any individual 33,051
under a construction contract, as defined in section 4141.39 of 33,052
the Revised Code, if the administrator DIRECTOR determines that 33,053
the employer for whom services are performed has the right to 33,056
direct or control the performance of the services and that the
individuals who perform the services receive remuneration for the 33,057
services performed. The administrator DIRECTOR shall presume 33,058
that the employer for whom services are performed has the right 33,060
to direct or control the performance of the services if ten or 33,061
more of the following criteria apply:
(i) The employer directs or controls the manner or method 33,064
by which instructions are given to the individual performing
services; 33,065
(ii) The employer requires particular training for the 33,068
individual performing services;
(iii) Services performed by the individual are integrated 33,071
into the regular functioning of the employer;
(iv) The employer requires that services be provided by a 33,074
particular individual;
(v) The employer hires, supervises, or pays the wages of 33,077
the individual performing services;
(vi) A continuing relationship between the employer and 33,080
the individual performing services exists which contemplates
continuing or recurring work, even if not full-time work; 33,081
(vii) The employer requires the individual to perform 33,084
services during established hours;
(viii) The employer requires that the individual 33,086
performing services be devoted on a full-time basis to the 33,087
business of the employer; 33,088
(ix) The employer requires the individual to perform 33,090
services on the employer's premises; 33,091
(x) The employer requires the individual performing 33,093
747
services to follow the order of work established by the employer; 33,094
(xi) The employer requires the individual performing 33,096
services to make oral or written reports of progress; 33,097
(xii) The employer makes payment to the individual for 33,100
services on a regular basis, such as hourly, weekly, or monthly;
(xiii) The employer pays expenses for the individual 33,102
performing services; 33,103
(xiv) The employer furnishes the tools and materials for 33,106
use by the individual to perform services;
(xv) The individual performing services has not invested 33,109
in the facilities used to perform services;
(xvi) The individual performing services does not realize 33,112
a profit or suffer a loss as a result of the performance of the
services; 33,113
(xvii) The individual performing services is not 33,115
performing services for more than two employers simultaneously; 33,116
(xviii) The individual performing services does not make 33,119
the services available to the general public;
(xix) The employer has a right to discharge the individual 33,122
performing services;
(xx) The individual performing services has the right to 33,125
end the individual's relationship with the employer without
incurring liability pursuant to an employment contract or 33,126
agreement.
(3) "Employment" does not include the following services 33,128
if they are found not subject to the "Federal Unemployment Tax 33,129
Act," 84 Stat. 713 (1970), 26 U.S.C.A. 3301 to 3311, and if the 33,131
services are not required to be included under division (B)(2)(j) 33,132
of this section: 33,133
(a) Service performed after December 31, 1977, in 33,135
agricultural labor, except as provided in division (A)(1)(d) of 33,136
this section; 33,137
(b) Domestic service performed after December 31, 1977, in 33,139
a private home, local college club, or local chapter of a college 33,140
748
fraternity or sorority except as provided in division (A)(1)(c) 33,141
of this section; 33,142
(c) Service performed after December 31, 1977, for this 33,144
state or a political subdivision as described in division (B)(2) 33,145
(a) of this section when performed: 33,146
(i) As a publicly elected official; 33,148
(ii) As a member of a legislative body, or a member of the 33,150
judiciary; 33,151
(iii) As a military member of the Ohio national guard; 33,153
(iv) As an employee, not in the classified service as 33,155
defined in section 124.11 of the Revised Code, serving on a 33,156
temporary basis in case of fire, storm, snow, earthquake, flood, 33,157
or similar emergency; 33,158
(v) In a position which, under or pursuant to law, is 33,160
designated as a major nontenured policymaking or advisory 33,161
position, not in the classified service of the state, or a 33,162
policymaking or advisory position the performance of the duties 33,163
of which ordinarily does not require more than eight hours per 33,164
week. 33,165
(d) In the employ of any governmental unit or 33,167
instrumentality of the United States; 33,168
(e) Service performed after December 31, 1971: 33,170
(i) Service in the employ of an educational institution or 33,172
institution of higher education, including those operated by the 33,173
state or a political subdivision, if such service is performed by 33,174
a student who is enrolled and is regularly attending classes at 33,175
the educational institution or institution of higher education; 33,176
or 33,177
(ii) By an individual who is enrolled at a nonprofit or 33,179
public educational institution which normally maintains a regular 33,180
faculty and curriculum and normally has a regularly organized 33,181
body of students in attendance at the place where its educational 33,182
activities are carried on as a student in a full-time program, 33,183
taken for credit at the institution, which combines academic 33,184
749
instruction with work experience, if the service is an integral 33,185
part of the program, and the institution has so certified to the 33,186
employer, provided that this subdivision shall not apply to 33,187
service performed in a program established for or on behalf of an 33,188
employer or group of employers; 33,189
(f) Service performed by an individual in the employ of 33,191
the individual's son, daughter, or spouse and service performed 33,192
by a child under the age of eighteen in the employ of the child's 33,193
father or mother;
(g) Service performed for one or more principals by an 33,195
individual who is compensated on a commission basis, who in the 33,196
performance of the work is master of the individual's own time 33,198
and efforts, and whose remuneration is wholly dependent on the 33,199
amount of effort the individual chooses to expend, and which 33,200
service is not subject to the "Federal Unemployment Tax Act," 53 33,201
Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311. Service performed 33,202
after December 31, 1971: 33,203
(i) By an individual for an employer as an insurance agent 33,205
or as an insurance solicitor, if all this service is performed 33,206
for remuneration solely by way of commission; 33,207
(ii) As a home worker performing work, according to 33,209
specifications furnished by the employer for whom the services 33,210
are performed, on materials or goods furnished by such employer 33,211
which are required to be returned to the employer or to a person 33,212
designated for that purpose. 33,213
(h) Service performed after December 31, 1971: 33,215
(i) In the employ of a church or convention or association 33,217
of churches, or in an organization which is operated primarily 33,218
for religious purposes and which is operated, supervised, 33,219
controlled, or principally supported by a church or convention or 33,220
association of churches; 33,221
(ii) By a duly ordained, commissioned, or licensed 33,223
minister of a church in the exercise of the individual's ministry 33,225
or by a member of a religious order in the exercise of duties 33,226
750
required by such order; or 33,227
(iii) In a facility conducted for the purpose of carrying 33,229
out a program of rehabilitation for individuals whose earning 33,230
capacity is impaired by age or physical or mental deficiency or 33,231
injury, or providing remunerative work for individuals who 33,232
because of their impaired physical or mental capacity cannot be 33,233
readily absorbed in the competitive labor market, by an 33,234
individual receiving such rehabilitation or remunerative work; 33,235
(i) Service performed after June 30, 1939, with respect to 33,237
which unemployment compensation is payable under the "Railroad 33,238
Unemployment Insurance Act," 52 Stat. 1094 (1938), 45 U.S.C. 351; 33,239
(j) Service performed by an individual in the employ of 33,241
any organization exempt from income tax under section 501 of the 33,242
"Internal Revenue Code of 1954," if the remuneration for such 33,243
service does not exceed fifty dollars in any calendar quarter, or 33,244
if such service is in connection with the collection of dues or 33,245
premiums for a fraternal beneficial society, order, or 33,246
association and is performed away from the home office or is 33,247
ritualistic service in connection with any such society, order, 33,248
or association; 33,249
(k) Casual labor not in the course of an employer's trade 33,251
or business; incidental service performed by an officer, 33,252
appraiser, or member of a finance committee of a bank, building 33,253
and loan association, savings and loan association, or savings 33,254
association when the remuneration for such incidental service 33,255
exclusive of the amount paid or allotted for directors' fees does 33,256
not exceed sixty dollars per calendar quarter is casual labor; 33,257
(l) Service performed in the employ of a voluntary 33,259
employees' beneficial association providing for the payment of 33,260
life, sickness, accident, or other benefits to the members of 33,261
such association or their dependents or their designated 33,262
beneficiaries, if admission to a membership in such association 33,263
is limited to individuals who are officers or employees of a 33,264
municipal or public corporation, of a political subdivision of 33,265
751
the state, or of the United States and no part of the net 33,266
earnings of such association inures, other than through such 33,267
payments, to the benefit of any private shareholder or 33,268
individual; 33,269
(m) Service performed by an individual in the employ of a 33,271
foreign government, including service as a consular or other 33,272
officer or employee or of a nondiplomatic representative; 33,273
(n) Service performed in the employ of an instrumentality 33,275
wholly owned by a foreign government if the service is of a 33,276
character similar to that performed in foreign countries by 33,277
employees of the United States or of an instrumentality thereof 33,278
and if the administrator DIRECTOR finds that the secretary of 33,279
state of the United States has certified to the secretary of the 33,281
treasury of the United States that the foreign government, with 33,282
respect to whose instrumentality exemption is claimed, grants an 33,283
equivalent exemption with respect to similar service performed in 33,284
the foreign country by employees of the United States and of 33,285
instrumentalities thereof; 33,286
(o) Service with respect to which unemployment 33,288
compensation is payable under an unemployment compensation system 33,289
established by an act of congress; 33,290
(p) Service performed as a student nurse in the employ of 33,292
a hospital or a nurses' training school by an individual who is 33,293
enrolled and is regularly attending classes in a nurses' training 33,294
school chartered or approved pursuant to state law, and service 33,295
performed as an intern in the employ of a hospital by an 33,296
individual who has completed a four years' course in a medical 33,297
school chartered or approved pursuant to state law; 33,298
(q) Service performed by an individual under the age of 33,300
eighteen in the delivery or distribution of newspapers or 33,301
shopping news, not including delivery or distribution to any 33,302
point for subsequent delivery or distribution; 33,303
(r) Service performed in the employ of the United States 33,305
or an instrumentality of the United States immune under the 33,306
752
constitution of the United States from the contributions imposed 33,307
by this chapter, except that to the extent that congress permits 33,308
states to require any instrumentalities of the United States to 33,309
make payments into an unemployment fund under a state 33,310
unemployment compensation act, this chapter shall be applicable 33,311
to such instrumentalities and to services performed for such 33,312
instrumentalities in the same manner, to the same extent, and on 33,313
the same terms as to all other employers, individuals, and 33,314
services, provided that if this state is not certified for any 33,315
year by the proper agency of the United States under section 3304 33,316
of the "Internal Revenue Code of 1954," the payments required of 33,317
such instrumentalities with respect to such year shall be 33,318
refunded by the administrator DIRECTOR from the fund in the same 33,319
manner and within the same period as is provided in division (E) 33,321
of section 4141.09 of the Revised Code with respect to 33,322
contributions erroneously collected; 33,323
(s) Service performed by an individual as a member of a 33,325
band or orchestra, provided such service does not represent the 33,326
principal occupation of such individual, and which service is not 33,327
subject to or required to be covered for full tax credit against 33,328
the tax imposed by the "Federal Unemployment Tax Act," 53 Stat. 33,329
183 (1939), 26 U.S.C.A. 3301 to 3311. Service performed after 33,330
December 31, 1971, for a nonprofit organization, this state or 33,332
its instrumentalities, or a political subdivision or its 33,333
instrumentalities, as part of an unemployment work-relief or 33,334
work-training program assisted or financed in whole or in part by 33,335
any federal agency or an agency of a state or political 33,336
subdivision thereof, by an individual receiving the work-relief 33,337
or work-training. 33,338
(t) Service performed in the employ of a day camp whose 33,340
camping season does not exceed twelve weeks in any calendar year, 33,341
and which service is not subject to the "Federal Unemployment Tax 33,342
Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311. Service 33,343
performed after December 31, 1971: 33,345
753
(i) In the employ of a hospital, if the service is 33,347
performed by a patient of the hospital, as defined in division 33,348
(W) of this section; 33,349
(ii) For a prison or other correctional institution by an 33,351
inmate of the prison or correctional institution; 33,352
(iii) Service performed after December 31, 1977, by an 33,354
inmate of a custodial institution operated by the state, a 33,355
political subdivision, or a nonprofit organization. 33,356
(u) Service that is performed by a nonresident alien 33,359
individual for the period the individual temporarily is present
in the United States as a nonimmigrant under division (F), (J), 33,361
(M), or (Q) of section 101(a)(15) of the "Immigration and 33,362
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101, as amended, that 33,363
is excluded under section 3306(c)(19) of the "Federal 33,364
Unemployment Tax Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 33,366
3311.
(v) Notwithstanding any other provisions of division 33,368
(B)(3) of this section, services which are excluded under 33,369
divisions (B)(3)(g), (j), (k), and (l) of this section, shall not 33,370
be excluded from employment when performed for a nonprofit 33,371
organization, as defined in division (X) of this section or for 33,372
this state or its instrumentalities, or for a political 33,373
subdivision or its instrumentalities. 33,374
(4) If the services performed during one half or more of 33,376
any pay period by an employee for the person employing that 33,377
employee constitute employment, all the services of such employee 33,378
for such period shall be deemed to be employment; but if the 33,380
services performed during more than one half of any such pay 33,381
period by an employee for the person employing that employee do 33,382
not constitute employment, then none of the services of such 33,384
employee for such period shall be deemed to be employment. As 33,385
used in division (B)(4) of this section, "pay period" means a 33,386
period, of not more than thirty-one consecutive days, for which 33,387
payment of remuneration is ordinarily made to the employee by the 33,388
754
person employing that employee. Division (B)(4) of this section 33,389
does not apply to services performed in a pay period by an 33,390
employee for the person employing that employee, if any of such 33,392
service is excepted by division (B)(3)(o) of this section. 33,394
(C) "Benefits" means money payments payable to an 33,396
individual who has established benefit rights, as provided in 33,397
this chapter, for loss of remuneration due to the individual's 33,398
unemployment.
(D) "Benefit rights" means the weekly benefit amount and 33,400
the maximum benefit amount that may become payable to an 33,401
individual within the individual's benefit year as determined by 33,402
the administrator DIRECTOR. 33,403
(E) "Claim for benefits" means a claim for waiting period 33,405
or benefits for a designated week. 33,406
(F) "Additional claim" means the first claim for benefits 33,408
filed following any separation from employment during a benefit 33,409
year; "continued claim" means any claim other than the first 33,410
claim for benefits and other than an additional claim. 33,411
(G)(1) "Wages" means remuneration paid to an employee by 33,413
each of the employee's employers with respect to employment; 33,414
except that wages shall not include that part of remuneration 33,415
paid during any calendar year to an individual by an employer or 33,416
such employer's predecessor in interest in the same business or 33,417
enterprise, which in any calendar year is in excess of eight 33,418
thousand two hundred fifty dollars on and after January 1, 1992; 33,419
eight thousand five hundred dollars on and after January 1, 1993; 33,420
eight thousand seven hundred fifty dollars on and after January 33,421
1, 1994; and nine thousand dollars on and after January 1, 1995. 33,422
Remuneration in excess of such amounts shall be deemed wages 33,423
subject to contribution to the same extent that such remuneration 33,424
is defined as wages under the "Federal Unemployment Compensation 33,425
Tax Act," 84 Stat. 714 (1970), 26 U.S.C.A. 3301 to 3311, as 33,426
amended. The remuneration paid an employee by an employer with 33,428
respect to employment in another state, upon which contributions 33,429
755
were required and paid by such employer under the unemployment 33,430
compensation act of such other state, shall be included as a part 33,431
of remuneration in computing the amount specified in this 33,432
division. 33,433
(2) Notwithstanding division (G)(1) of this section, if, 33,435
as of the computation date for any calendar year, the 33,436
administrator DIRECTOR determines that the level of the 33,437
unemployment compensation fund is sixty per cent or more below 33,439
the minimum safe level as defined in section 4141.25 of the 33,440
Revised Code, then, effective the first day of January of the 33,441
following calendar year, wages subject to this chapter shall not 33,442
include that part of remuneration paid during any calendar year 33,443
to an individual by an employer or such employer's predecessor in 33,444
interest in the same business or enterprise which is in excess of 33,445
nine thousand dollars. The increase in the dollar amount of 33,446
wages subject to this chapter under this division shall remain in 33,447
effect from the date of the administrator's DIRECTOR'S 33,448
determination pursuant to division (G)(2) of this section and 33,450
thereafter notwithstanding the fact that the level in the fund 33,451
may subsequently become less than sixty per cent below the 33,452
minimum safe level. 33,453
(H)(1) "Remuneration" means all compensation for personal 33,455
services, including commissions and bonuses and the cash value of 33,456
all compensation in any medium other than cash, except that in 33,457
the case of agricultural or domestic service, "remuneration" 33,458
includes only cash remuneration. Gratuities customarily received 33,459
by an individual in the course of the individual's employment 33,460
from persons other than the individual's employer and which are 33,461
accounted for by such individual to the individual's employer are 33,462
taxable wages.
The reasonable cash value of compensation paid in any 33,464
medium other than cash shall be estimated and determined in 33,465
accordance with rules prescribed by the administrator DIRECTOR, 33,466
provided that "remuneration" does not include: 33,468
756
(a) Payments as provided in divisions (b)(2) to (b)(16) of 33,470
section 3306 of the "Federal Unemployment Tax Act," 84 Stat. 713, 33,471
26 U.S.C.A. 3301 to 3311, as amended; 33,472
(b) The payment by an employer, without deduction from the 33,474
remuneration of the individual in the employer's employ, of the 33,475
tax imposed upon an individual in the employer's employ under 33,476
section 3101 of the "Internal Revenue Code of l954," with respect 33,478
to services performed after October 1, 1941. 33,479
(2) "Cash remuneration" means all remuneration paid in 33,481
cash, including commissions and bonuses, but not including the 33,482
cash value of all compensation in any medium other than cash. 33,483
(I) "Interested party" means the administrator DIRECTOR 33,485
and any party to whom notice of a determination of an application 33,486
for benefit rights or a claim for benefits is required to be 33,487
given under section 4141.28 of the Revised Code. 33,488
(J) "Annual payroll" means the total amount of wages 33,490
subject to contributions during a twelve-month period ending with 33,491
the last day of the second calendar quarter of any calendar year. 33,492
(K) "Average annual payroll" means the average of the last 33,494
three annual payrolls of an employer, provided that if, as of any 33,495
computation date, the employer has had less than three annual 33,496
payrolls in such three-year period, such average shall be based 33,497
on the annual payrolls which the employer has had as of such 33,498
date.
(L)(1) "Contributions" means the money payments to the 33,500
state unemployment compensation fund required of employers by 33,501
section 4141.25 of the Revised Code and of the state and any of 33,502
its political subdivisions electing to pay contributions under 33,503
section 4141.242 of the Revised Code. Employers paying 33,504
contributions shall be described as "contributory employers." 33,505
(2) "Payments in lieu of contributions" means the money 33,507
payments to the state unemployment compensation fund required of 33,508
reimbursing employers under sections 4141.241 and 4141.242 of the 33,509
Revised Code. 33,510
757
(M) An individual is "totally unemployed" in any week 33,512
during which the individual performs no services and with respect 33,513
to such week no remuneration is payable to the individual. 33,514
(N) An individual is "partially unemployed" in any week 33,516
if, due to involuntary loss of work, the total remuneration 33,517
payable to the individual for such week is less than the 33,518
individual's weekly benefit amount. 33,519
(O) "Week" means the calendar week ending at midnight 33,521
Saturday unless an equivalent week of seven consecutive calendar 33,522
days is prescribed by the administrator DIRECTOR. 33,523
(1) "Qualifying week" means any calendar week in an 33,525
individual's base period with respect to which the individual 33,526
earns or is paid remuneration in employment subject to this 33,528
chapter. A calendar week with respect to which an individual 33,529
earns remuneration but for which payment was not made within the 33,530
base period, when necessary to qualify for benefit rights, may be 33,531
considered to be a qualifying week. The number of qualifying 33,532
weeks which may be established in a calendar quarter shall not 33,533
exceed the number of calendar weeks in the quarter. 33,534
(2) "Average weekly wage" means the amount obtained by 33,536
dividing an individual's total remuneration for all qualifying 33,537
weeks during the base period by the number of such qualifying 33,538
weeks, provided that if the computation results in an amount 33,539
which is not a multiple of one dollar, such amount shall be 33,540
rounded to the next lower multiple of one dollar. 33,541
(P) "Weekly benefit amount" means the amount of benefits 33,543
an individual would be entitled to receive for one week of total 33,544
unemployment. 33,545
(Q)(1) "Base period" means the first four of the last five 33,547
completed calendar quarters immediately preceding the first day 33,548
of an individual's benefit year, except as provided in division 33,549
(Q)(2) of this section. 33,550
(2) If an individual does not have sufficient qualifying 33,552
weeks and wages in the base period to qualify for benefit rights, 33,553
758
the individual's base period shall be the four most recently 33,554
completed calendar quarters preceding the first day of the 33,556
individual's benefit year. Such base period shall be known as 33,557
the "alternate base period." If information as to weeks and 33,558
wages for the most recent quarter of the alternate base period is 33,559
not available to the administrator DIRECTOR from the regular 33,560
quarterly reports of wage information, which are systematically 33,562
accessible, the administrator DIRECTOR may, consistent with the 33,563
provisions of section 4141.28 of the Revised Code, base the 33,565
determination of eligibility for benefits on the affidavit of the 33,566
claimant with respect to weeks and wages for that calendar 33,567
quarter. The claimant shall furnish payroll documentation, where 33,568
available, in support of the affidavit. The determination based 33,569
upon the alternate base period as it relates to the claimant's 33,570
benefit rights, shall be amended when the quarterly report of 33,571
wage information from the employer is timely received and that 33,572
information causes a change in the determination. As provided in 33,573
division (B)(1)(b) of section 4141.28 of the Revised Code, any 33,574
benefits paid and charged to an employer's account, based upon a 33,575
claimant's affidavit, shall be adjusted effective as of the 33,576
beginning of the claimant's benefit year. No calendar quarter in 33,577
a base period or alternate base period shall be used to establish 33,578
a subsequent benefit year. 33,579
(3) The "base period" of a combined wage claim, as 33,581
described in division (H) of section 4141.43 of the Revised Code, 33,582
shall be the base period prescribed by the law of the state in 33,583
which the claim is allowed. 33,584
(R) "Benefit year" with respect to an individual means the 33,586
fifty-two week period beginning with the first day of that week 33,587
with respect to which the individual first files a valid 33,588
application for determination of benefit rights, and thereafter 33,590
the fifty-two week period beginning with the first day of that 33,591
week with respect to which the individual next files a valid 33,592
application for determination of benefit rights after the 33,593
759
termination of the individual's last preceding benefit year, 33,594
except that the application shall not be considered valid unless 33,596
the individual has had employment in six weeks that is subject to 33,597
this chapter or the unemployment compensation act of another 33,598
state, or the United States, and has, since the beginning of the 33,599
individual's previous benefit year, in the employment earned 33,600
three times the average weekly wage determined for the previous 33,601
benefit year. The "benefit year" of a combined wage claim, as 33,602
described in division (H) of section 4141.43 of the Revised Code, 33,603
shall be the benefit year prescribed by the law of the state in 33,604
which the claim is allowed.
Effective for applications filed with respect to weeks 33,606
beginning on or after October 1, 2000, any application for 33,607
determination of benefit rights made in accordance with section 33,609
4141.28 of the Revised Code is valid if the individual filing 33,610
such application is unemployed, has been employed by an employer 33,611
or employers subject to this chapter in at least twenty 33,612
qualifying weeks within the individual's base period, has earned 33,613
or been paid remuneration at an average weekly wage of not less 33,616
than twenty-seven and one-half per cent of the statewide average
weekly wage for such weeks, and the reason for the individual's 33,617
separation from employment is not disqualifying pursuant to 33,618
division (D)(2) of section 4141.29 or section 4141.291 of the 33,620
Revised Code. A disqualification imposed pursuant to division 33,623
(D)(2) of section 4141.29 or section 4141.291 of the Revised Code 33,626
must be removed as provided in those sections as a requirement of 33,627
establishing a valid application for benefit rights. 33,628
The statewide average weekly wage shall be calculated by 33,630
the administrator DIRECTOR once a year based on the twelve-month 33,631
period ending the thirtieth day of June, as set forth in division 33,633
(B)(3) of section 4141.30 of the Revised Code, rounded down to 33,634
the nearest dollar. Increases or decreases in the amount of 33,635
remuneration required to have been earned or paid in order for 33,636
individuals to have filed valid applications shall become 33,637
760
effective on Sunday of the calendar week in which the first day 33,638
of January occurs that follows the twelve-month period ending the 33,639
thirtieth day of June upon which the calculation of the statewide
average weekly wage was based. 33,640
As used in this division, an individual is "unemployed" if, 33,642
with respect to the calendar week in which such application is 33,644
filed, the individual is "partially unemployed" or "totally 33,646
unemployed" as defined in this section or if, prior to filing the 33,647
application, the individual was separated from the individual's 33,649
most recent work for any reason which terminated the individual's 33,650
employee-employer relationship, or was laid off indefinitely or 33,651
for a definite period of seven or more days. 33,652
(S) "Calendar quarter" means the period of three 33,654
consecutive calendar months ending on the thirty-first day of 33,655
March, the thirtieth day of June, the thirtieth day of September, 33,656
and the thirty-first day of December, or the equivalent thereof 33,657
as the administrator DIRECTOR prescribes by rule. 33,658
(T) "Computation date" means the first day of the third 33,660
calendar quarter of any calendar year. 33,661
(U) "Contribution period" means the calendar year 33,663
beginning on the first day of January of any year. 33,664
(V) "Agricultural labor," for the purpose of this 33,666
division, means any service performed prior to January 1, 1972, 33,667
which was agricultural labor as defined in this division prior to 33,668
that date, and service performed after December 31, 1971: 33,669
(1) On a farm, in the employ of any person, in connection 33,671
with cultivating the soil, or in connection with raising or 33,672
harvesting any agricultural or horticultural commodity, including 33,673
the raising, shearing, feeding, caring for, training, and 33,674
management of livestock, bees, poultry, and fur-bearing animals 33,675
and wildlife; 33,676
(2) In the employ of the owner or tenant or other operator 33,678
of a farm in connection with the operation, management, 33,679
conservation, improvement, or maintenance of such farm and its 33,680
761
tools and equipment, or in salvaging timber or clearing land of 33,681
brush and other debris left by hurricane, if the major part of 33,682
such service is performed on a farm; 33,683
(3) In connection with the production or harvesting of any 33,685
commodity defined as an agricultural commodity in section 15 (g) 33,686
of the "Agricultural Marketing Act," 46 Stat. 1550 (1931), 12 33,687
U.S.C. 1141j, as amended, or in connection with the ginning of 33,688
cotton, or in connection with the operation or maintenance of 33,689
ditches, canals, reservoirs, or waterways, not owned or operated 33,690
for profit, used exclusively for supplying and storing water for 33,691
farming purposes; 33,692
(4) In the employ of the operator of a farm in handling, 33,694
planting, drying, packing, packaging, processing, freezing, 33,695
grading, storing, or delivering to storage or to market or to a 33,696
carrier for transportation to market, in its unmanufactured 33,697
state, any agricultural or horticultural commodity, but only if 33,698
the operator produced more than one half of the commodity with 33,699
respect to which such service is performed; 33,700
(5) In the employ of a group of operators of farms, or a 33,702
cooperative organization of which the operators are members, in 33,703
the performance of service described in division (V)(4) of this 33,704
section, but only if the operators produced more than one-half of 33,705
the commodity with respect to which the service is performed; 33,706
(6) Divisions (V)(4) and (5) of this section shall not be 33,708
deemed to be applicable with respect to service performed: 33,709
(a) In connection with commercial canning or commercial 33,711
freezing or in connection with any agricultural or horticultural 33,712
commodity after its delivery to a terminal market for 33,713
distribution for consumption; or 33,714
(b) On a farm operated for profit if the service is not in 33,716
the course of the employer's trade or business. 33,717
As used in division (V) of this section, "farm" includes 33,719
stock, dairy, poultry, fruit, fur-bearing animal, and truck 33,720
farms, plantations, ranches, nurseries, ranges, greenhouses, or 33,721
762
other similar structures used primarily for the raising of 33,722
agricultural or horticultural commodities and orchards. 33,723
(W) "Hospital" means an institution which has been 33,725
registered or licensed by the Ohio department of health as a 33,726
hospital. 33,727
(X) "Nonprofit organization" means an organization, or 33,729
group of organizations, described in section 501(c)(3) of the 33,730
"Internal Revenue Code of 1954," and exempt from income tax under 33,731
section 501(a) of that code. 33,732
(Y) "Institution of higher education" means a public or 33,734
nonprofit educational institution which: 33,735
(1) Admits as regular students only individuals having a 33,737
certificate of graduation from a high school, or the recognized 33,738
equivalent; 33,739
(2) Is legally authorized in this state to provide a 33,741
program of education beyond high school; and 33,742
(3) Provides an educational program for which it awards a 33,744
bachelor's or higher degree, or provides a program which is 33,745
acceptable for full credit toward such a degree, a program of 33,746
post-graduate or post-doctoral studies, or a program of training 33,747
to prepare students for gainful employment in a recognized 33,748
occupation. 33,749
For the purposes of this division, all colleges and 33,751
universities in this state are institutions of higher education. 33,752
(Z) For the purposes of this chapter, "states" includes 33,754
the District of Columbia, the Commonwealth of Puerto Rico, and 33,755
the Virgin Islands. 33,756
(AA) "Alien" means, for the purposes of division (A)(1)(d) 33,758
of this section, an individual who is an alien admitted to the 33,759
United States to perform service in agricultural labor pursuant 33,760
to sections 214 (c) and 101 (a)(15)(H) of the "Immigration and 33,761
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101. 33,762
(BB)(1) "Crew leader" means an individual who furnishes 33,764
individuals to perform agricultural labor for any other employer 33,765
763
or farm operator, and: 33,766
(a) Pays, either on the individual's own behalf or on 33,769
behalf of the other employer or farm operator, the individuals so 33,771
furnished by the individual for the service in agricultural labor 33,772
performed by them; 33,773
(b) Has not entered into a written agreement with the 33,775
other employer or farm operator under which the agricultural 33,776
worker is designated as in the employ of the other employer or 33,777
farm operator. 33,778
(2) For the purposes of this chapter, any individual who 33,780
is a member of a crew furnished by a crew leader to perform 33,781
service in agricultural labor for any other employer or farm 33,782
operator shall be treated as an employee of the crew leader if: 33,783
(a) The crew leader holds a valid certificate of 33,785
registration under the "Farm Labor Contractor Registration Act of 33,786
1963," 90 Stat. 2668, 7 U.S.C. 2041; or 33,787
(b) Substantially all the members of the crew operate or 33,789
maintain tractors, mechanized harvesting or crop-dusting 33,790
equipment, or any other mechanized equipment, which is provided 33,791
by the crew leader; and 33,792
(c) If the individual is not in the employment of the 33,794
other employer or farm operator within the meaning of division 33,795
(B)(1) of this section. 33,796
(3) For the purposes of this division, any individual who 33,798
is furnished by a crew leader to perform service in agricultural 33,799
labor for any other employer or farm operator and who is not 33,800
treated as in the employment of the crew leader under division 33,801
(BB)(2) of this section shall be treated as the employee of the 33,802
other employer or farm operator and not of the crew leader. The 33,803
other employer or farm operator shall be treated as having paid 33,804
cash remuneration to the individual in an amount equal to the 33,805
amount of cash remuneration paid to the individual by the crew 33,806
leader, either on the crew leader's own behalf or on behalf of 33,807
the other employer or farm operator, for the service in 33,808
764
agricultural labor performed for the other employer or farm 33,809
operator.
(CC) "Educational institution" means an institution other 33,811
than an institution of higher education as defined in division 33,812
(Y) of this section which: 33,813
(1) Offers participants, trainees, or students an 33,815
organized course of study or training designed to transfer to 33,816
them knowledge, skills, information, doctrines, attitudes, or 33,817
abilities from, by, or under the guidance of an instructor or 33,818
teacher; and 33,819
(2) Is approved, chartered, or issued a permit to operate 33,821
as a school by the state board of education or other government 33,822
agency that is authorized within the state to approve, charter, 33,823
or issue a permit for the operation of a school. 33,824
For the purposes of this division, the courses of study or 33,826
training which the institution offers may be academic, technical, 33,827
trade, or preparation for gainful employment in a recognized 33,828
occupation. 33,829
Sec. 4141.031. The administrator DIRECTOR of the bureau 33,838
DEPARTMENT of employment JOB AND FAMILY services shall appoint a 33,840
migrant agricultural ombudsman OMBUDSPERSON as provided in 33,841
section 3733.49 of the Revised Code. 33,842
Sec. 4141.044. Any person or corporation contracting to do 33,851
business with the state of Ohio shall provide a listing of all 33,852
available job vacancies within his THE PERSON'S OR CORPORATION'S 33,853
power to fill to the Ohio bureau DIRECTOR of employment JOB AND 33,854
FAMILY services, which WHO shall attempt to fill such job 33,856
vacancies with persons registered with it THE DIRECTOR. This 33,857
section shall not apply to job vacancies which a person or 33,858
corporation proposes to fill from within his THE PERSON'S OR 33,860
CORPORATION'S own organization or to job vacancies which a person 33,862
or corporation proposes to fill pursuant to a customary and 33,863
traditional employer-union hiring arrangement, except that once a 33,864
person or corporation considers applicants outside of his THE 33,865
765
PERSON'S OR CORPORATION'S own organization or customary and 33,866
traditional employer-union hiring arrangement, this exclusion 33,867
shall not apply.
Sec. 4141.07. (A) The unemployment compensation review 33,877
commission, by rule, may authorize persons other than ones who 33,878
are admitted to the practice of law also to appear before the 33,879
commission in any kind of proceeding as representatives of 33,880
employers or claimants. The commission may prescribe in any rule 33,881
so adopted the minimum qualifications for such agents and such 33,882
minimum standards of practice as are appropriate. 33,883
Notwithstanding section 119.13 of the Revised Code, the 33,885
representation of parties before the commission by a person not 33,886
admitted to the practice of law does not impair or invalidate a 33,887
proceeding for the purpose of a subsequent appeal to a court or 33,888
for any other purpose where a party knowingly selects 33,889
representation by a person not admitted to the practice of law. 33,890
(B) No individual claiming benefits shall be charged fees 33,892
of any kind in any proceeding under sections 4141.01 to 4141.46 33,893
of the Revised Code, by the commission or its representatives. 33,894
Any individual claiming benefits or any employer may represent 33,895
themselves personally or be represented by a person admitted to 33,896
the practice of law or by a person not admitted to the practice 33,897
of law in any proceeding UNDER THIS CHAPTER before the 33,898
administrator of the bureau DIRECTOR of employment JOB AND FAMILY 33,901
services, or, before the commission or a hearing officer; but no 33,903
such counsel or agent representing an individual claiming 33,904
benefits shall either charge or receive for such services more 33,905
than an amount approved by the commission. 33,906
No person shall charge or receive anything of value in 33,908
violation of this section. 33,909
Sec. 4141.09. (A) There is hereby created an unemployment 33,918
compensation fund to be administered by the state without 33,919
liability on the part of the state beyond the amounts paid into 33,920
the fund and earned by the fund. The unemployment compensation 33,921
766
fund shall consist of all contributions, payments in lieu of 33,922
contributions described in sections 4141.241 and 4141.242 of the 33,923
Revised Code, reimbursements of the federal share of extended 33,924
benefits described in section 4141.301 of the Revised Code, 33,925
collected under sections 4141.01 to 4141.46 of the Revised Code, 33,926
together with all interest earned upon any moneys deposited with 33,927
the secretary of the treasury of the United States to the credit 33,928
of the account of this state in the unemployment trust fund 33,929
established and maintained pursuant to section 904 of the "Social 33,930
Security Act," any property or securities acquired through the 33,931
use of moneys belonging to the fund, and all earnings of such 33,932
property or securities. The unemployment compensation fund shall 33,933
be used to pay benefits and refunds as provided by such sections 33,934
and for no other purpose. 33,935
(B) The treasurer of state shall be the custodian of the 33,937
unemployment compensation fund and shall administer such fund in 33,938
accordance with the directions of the administrator DIRECTOR of 33,939
the bureau of employment JOB AND FAMILY services. All 33,940
disbursements therefrom shall be paid by the treasurer of state 33,942
on warrants drawn by the administrator DIRECTOR. Such warrants 33,943
may bear the facsimile signature of the administrator DIRECTOR 33,945
printed thereon and that of a deputy or other employee of the 33,947
administrator DIRECTOR charged with the duty of keeping the 33,949
account of the unemployment compensation fund and with the
preparation of warrants for the payment of benefits to the 33,950
persons entitled thereto. Moneys in the clearing and benefit 33,951
accounts shall not be commingled with other state funds, except 33,952
as provided in division (C) of this section, but shall be 33,953
maintained in separate accounts on the books of the depositary 33,954
bank. Such money shall be secured by the depositary bank to the 33,955
same extent and in the same manner as required by sections 135.01 33,956
to 135.21 of the Revised Code; and collateral pledged for this 33,957
purpose shall be kept separate and distinct from any collateral 33,958
pledged to secure other funds of this state. All sums recovered 33,959
767
for losses sustained by the unemployment compensation fund shall 33,960
be deposited therein. The treasurer of state shall be liable on 33,961
the treasurer's official bond for the faithful performance of the 33,963
treasurer's duties in connection with the unemployment 33,964
compensation fund, such liability to exist in addition to any 33,965
liability upon any separate bond. 33,966
(C) The treasurer of state shall maintain within the 33,968
unemployment compensation fund three separate accounts which 33,969
shall be a clearing account, an unemployment trust fund account, 33,970
and a benefit account. All moneys payable to the unemployment 33,971
compensation fund, upon receipt thereof by the administrator 33,972
DIRECTOR, shall be forwarded to the treasurer of state, who shall 33,974
immediately deposit them in the clearing account. Refunds of 33,975
contributions, or payments in lieu of contributions, payable 33,976
pursuant to division (E) of this section may be paid from the 33,977
clearing account upon warrants signed by a deputy or other 33,978
employee of the administrator DIRECTOR charged with the duty of 33,979
keeping the record of the clearing account and with the 33,981
preparation of warrants for the payment of refunds to persons 33,982
entitled thereto. After clearance thereof, all moneys in the 33,983
clearing account shall be deposited with the secretary of the 33,984
treasury of the United States to the credit of the account of 33,985
this state in the unemployment trust fund established and 33,986
maintained pursuant to section 904 of the "Social Security Act," 33,987
in accordance with requirements of the "Federal Unemployment Tax 33,988
Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301, 3304(a)(3), any law 33,989
in this state relating to the deposit, administration, release, 33,991
or disbursement of moneys in the possession or custody of this 33,992
state to the contrary notwithstanding. The benefit account shall 33,993
consist of all moneys requisitioned from this state's account in 33,994
the unemployment trust fund. Federal funds, other than funds 33,995
received by the administrator DIRECTOR under divisions (I) and 33,996
(J) of this section, received for payment of federal benefits may 33,997
be deposited into the benefit account solely for payment of 33,998
768
benefits under a federal program administered by this state. 33,999
Moneys so requisitioned shall be used solely for the payment of 34,000
benefits and for no other purpose. Moneys in the clearing and 34,001
benefit accounts may be deposited by the treasurer of state, 34,002
under the direction of the administrator DIRECTOR, in any bank or 34,004
public depositary in which general funds of the state may be 34,005
deposited, but no public deposit insurance charge or premium 34,006
shall be paid out of the fund. 34,007
(D) Moneys shall be requisitioned from this state's 34,009
account in the unemployment trust fund solely for the payment of 34,010
benefits and in accordance with regulations prescribed by the 34,011
administrator DIRECTOR. The administrator DIRECTOR shall 34,013
requisition from the unemployment trust fund such amounts, not 34,014
exceeding the amount standing to this state's account therein, as 34,015
are deemed necessary for the payment of benefits for a reasonable 34,016
future period. Upon receipt thereof, the treasurer of state 34,017
shall deposit such moneys in the benefit account. Expenditures 34,018
of such money in the benefit account and refunds from the 34,019
clearing account shall not require specific appropriations or 34,020
other formal release by state officers of money in their custody. 34,021
Any balance of moneys requisitioned from the unemployment trust 34,022
fund which remains unclaimed or unpaid in the benefit account 34,023
after the expiration of the period for which such sums were 34,024
requisitioned shall either be deducted from estimates for and may 34,025
be utilized for the payment of benefits during succeeding 34,026
periods, or, in the discretion of the administrator DIRECTOR, 34,027
shall be redeposited with the secretary of the treasury of the 34,029
United States to the credit of this state's account in the 34,030
unemployment trust fund, as provided in division (C) of this 34,031
section. Unclaimed or unpaid federal funds redeposited with the 34,032
secretary of the treasury of the United States shall be credited 34,033
to the appropriate federal account. 34,034
(E) No claim for an adjustment or a refund on 34,036
contribution, payment in lieu of contributions, interest, or 34,037
769
forfeiture alleged to have been erroneously or illegally assessed 34,038
or collected, or alleged to have been collected without 34,039
authority, and no claim for an adjustment or a refund of any sum 34,040
alleged to have been excessive or in any manner wrongfully 34,041
collected shall be allowed unless an application, in writing, 34,042
therefor is made within four years from the date on which such 34,043
payment was made. If the administrator DIRECTOR determines that 34,044
such contribution, payment in lieu of contributions, interest, or 34,046
forfeiture, or any portion thereof, was erroneously collected, 34,047
the administrator DIRECTOR shall allow such employer to make an 34,048
adjustment thereof without interest in connection with subsequent 34,050
contribution payments, or payments in lieu of contributions, by 34,051
the employer, or the administrator DIRECTOR may refund said 34,052
amount, without interest, from the clearing account of the 34,054
unemployment compensation fund, except as provided in division 34,055
(B) of section 4141.11 of the Revised Code. For like cause and 34,056
within the same period, adjustment or refund may be so made on 34,057
the administrator's DIRECTOR'S own initiative. An overpayment of 34,058
contribution, payment in lieu of contributions, interest, or 34,060
forfeiture for which an employer has not made application for 34,061
refund prior to the date of sale of the employer's business shall 34,062
accrue to the employer's successor in interest. 34,064
An application for an adjustment or a refund, or any 34,066
portion thereof, that is rejected is binding upon the employer 34,067
unless, within thirty days after the mailing of a written notice 34,068
of rejection to the employer's last known address, or, in the 34,069
absence of mailing of such notice, within thirty days after the 34,070
delivery of such notice, the employer files an application for a 34,071
review and redetermination setting forth the reasons therefor. 34,072
The administrator DIRECTOR shall promptly examine the application 34,074
for review and redetermination, and if a review is granted, the 34,075
employer shall be promptly notified thereof, and shall be granted 34,076
an opportunity for a prompt hearing. 34,077
(F) If the administrator DIRECTOR finds that contributions 34,079
770
have been paid to the bureau of employment services DIRECTOR in 34,080
error, and that such contributions should have been paid to a 34,082
department of another state or of the United States charged with 34,083
the administration of an unemployment compensation law, the 34,084
administrator DIRECTOR may upon request by such department or 34,085
upon the administrator's DIRECTOR'S own initiative transfer to 34,088
such department the amount of such contributions, less any 34,089
benefits paid to claimants whose wages were the basis for such 34,090
contributions. The administrator DIRECTOR may request and 34,092
receive from such department any contributions or adjusted 34,093
contributions paid in error to such department which should have 34,094
been paid to the bureau DIRECTOR.
(G) In accordance with section 303(c)(3) of the Social 34,096
Security Act, and section 3304(a)(17) of the Internal Revenue 34,097
Code of 1954 for continuing certification of Ohio unemployment 34,098
compensation laws for administrative grants and for tax credits, 34,099
any interest required to be paid on advances under Title XII of 34,100
the Social Security Act shall be paid in a timely manner and 34,101
shall not be paid, directly or indirectly, by an equivalent 34,102
reduction in the Ohio unemployment taxes or otherwise, by the 34,103
state from amounts in the unemployment compensation fund. 34,104
(H) The treasurer of state, under the direction of the 34,106
administrator DIRECTOR and in accordance with the "Cash 34,107
Management Improvement Act of 1990," 104 Stat. 1061, 31 U.S.C.A. 34,109
335, 6503, shall deposit amounts of interest earned by the state 34,110
on funds in the benefit account established pursuant to division 34,111
(C) of this section into the bureau DEPARTMENT of employment JOB 34,112
AND FAMILY services banking fees fund, which is hereby created in 34,115
the state treasury for the purpose of paying related banking 34,116
costs incurred by the state for the period for which the interest 34,117
is calculated, except that if the deposited interest exceeds the 34,118
banking costs incurred by the state for the period for which the 34,119
interest is calculated, the treasurer of state shall deposit the 34,120
excess interest into the unemployment trust fund. 34,121
771
(I) The treasurer of state, under the direction of the 34,124
administrator DIRECTOR, shall deposit federal funds received by 34,125
the administrator DIRECTOR pursuant to the "Trade Act of 1974," 34,126
88 Stat. 1978, 19 U.S.C.A. 2101, as amended, into the Trade Act 34,128
account, which is hereby created for the purpose of paying for 34,129
benefits, training, and support services under that act. 34,130
(J) The treasurer of state, under the direction of the 34,133
administrator DIRECTOR, shall deposit federal funds received by 34,134
the administrator DIRECTOR pursuant to the "North American Free 34,136
Trade Agreement Implementation Act," 107 Stat. 2057 (1993), 19 34,138
U.S.C.A. 3301, into the North American Free Trade account, which 34,139
is hereby created for the purpose of paying for benefits, 34,140
training, and support services under that act. 34,141
Sec. 4141.11. There is hereby created in the state 34,150
treasury the unemployment compensation special administrative 34,151
fund. The fund shall consist of all interest collected on 34,152
delinquent contributions pursuant to this chapter, all fines and 34,153
forfeitures collected under this chapter, and all court costs and 34,154
interest paid or collected in connection with the repayment of 34,155
fraudulently obtained benefits pursuant to section 4141.35 of the 34,156
Revised Code. All interest earned on the money in the fund shall 34,157
be retained in the fund and shall not be credited or transferred 34,158
to any other fund or account, except as provided in division (B) 34,159
of this section. All moneys which are deposited or paid into 34,160
this fund may be used by: 34,161
(A) The administrator DIRECTOR of the bureau of employment 34,164
JOB AND FAMILY services with the approval of the unemployment 34,165
compensation advisory council whenever it appears that such use 34,166
is necessary for:
(1) The proper administration of this chapter and no 34,168
federal funds are available for the specific purpose for which 34,169
the expenditure is to be made, provided the moneys are not 34,170
substituted for appropriations from federal funds, which in the 34,171
absence of such moneys would be available; 34,172
772
(2) The proper administration of this chapter for which 34,174
purpose appropriations from federal funds have been requested and 34,175
approved but not received, provided the fund would be reimbursed 34,176
upon receipt of the federal appropriation; 34,177
(3) To the extent possible, the repayment to the 34,179
unemployment compensation administration fund of moneys found by 34,180
the proper agency of the United States to have been lost or 34,181
expended for purposes other than, or an amount in excess of, 34,182
those found necessary by the proper agency of the United States 34,183
for the administration of this chapter. 34,184
(B) The administrator DIRECTOR or the administrator's 34,186
DIRECTOR'S deputy whenever it appears that such use is necessary 34,188
for the payment of refunds or adjustments of interest, fines, 34,189
forfeitures, or court costs erroneously collected and paid into 34,190
this fund pursuant to this chapter. 34,191
Whenever the balance in the unemployment compensation 34,193
special administrative fund is considered to be excessive by the 34,194
council, the administrator DIRECTOR shall request the director of 34,196
budget and management to transfer to the unemployment 34,197
compensation fund the amount considered to be excessive. Any 34,198
balance in the unemployment compensation special administrative 34,199
fund shall not lapse at any time, but shall be continuously 34,200
available to the administrator DIRECTOR OF JOBS AND FAMILY 34,201
SERVICES or to the council for expenditures consistent with this 34,202
chapter.
Sec. 4141.131. (A) The administrator of the bureau 34,212
DIRECTOR of employment JOB AND FAMILY services may enter into 34,214
contracts for the sale of real property no longer needed by the 34,215
bureau of employment services DIRECTOR for the operations of the 34,216
bureau DIRECTOR UNDER THIS TITLE. Any costs attributable to the 34,217
bureau DIRECTOR that are associated with the sale of real 34,221
property under this section shall be paid out of the unemployment 34,222
compensation special administrative fund established pursuant to 34,223
section 4141.11 of the Revised Code. 34,224
773
(B)(1) Earnest moneys from the sale of real property 34,227
pursuant to division (A) of this section shall be deposited into 34,229
the bureau DEPARTMENT of employment JOB AND FAMILY services 34,230
building consolidation fund, which is hereby created in the state 34,231
treasury. The balance of the purchase price shall be deposited 34,232
into the bureau DEPARTMENT of employment JOB AND FAMILY services 34,234
building enhancement fund, which is hereby created in the state 34,235
treasury. The building enhancement fund shall retain its own 34,236
interest. Upon completion of the sale and the request of the 34,237
administrator DIRECTOR, the treasurer of state shall transfer the 34,239
earnest moneys in the building consolidation fund into the 34,240
building enhancement fund. The administrator DIRECTOR shall use 34,241
the interest earned on the moneys in the building enhancement 34,243
fund only in accordance with division (C) of this section. 34,244
(2) The administrator DIRECTOR shall deposit sufficient 34,246
moneys from the sale of real property pursuant to division (A) of 34,248
this section into the unemployment compensation special 34,249
administrative fund to reimburse the fund for all costs 34,250
associated with the sale of that real property. 34,251
(C) The bureau DIRECTOR shall use the moneys in the 34,254
building enhancement fund from the sale of real property pursuant 34,255
to division (A) of this section, less the costs of the sale as 34,257
specified in division (B)(2) of this section, in accordance with 34,259
the provisions and requirements of the "Social Security Act," 49 34,260
Stat. 626 (1935), 52 U.S.C. 502(a) and 1103(c)(2), and the 34,261
instructions of the United States department of labor, to improve 34,263
buildings owned by or under the control of the bureau DIRECTOR. 34,264
If the administrator DIRECTOR determines that there are no 34,265
buildings for which money in the building enhancement fund may be 34,266
used, the money shall be returned to the United States department 34,267
of labor.
(D) The auditor of state, with the assistance of the 34,270
attorney general, shall prepare a deed to the real property being 34,271
sold upon notice from the administrator DIRECTOR that a contract 34,272
774
for the sale of that property has been executed in accordance 34,273
with this section. The deed shall state the consideration and 34,274
any conditions placed upon the sale. The deed shall be executed 34,275
by the governor in the name of the state, countersigned by the 34,276
secretary of state, sealed with the great seal of the state, 34,277
presented in the office of the auditor of state for recording, 34,278
and delivered to the buyer upon payment of the balance of the 34,279
purchase price.
The buyer shall present the deed for recording in the 34,281
county recorder's office of the county in which the real property 34,283
is located.
Sec. 4141.14. (A) All rules of the administrator DIRECTOR 34,292
of the bureau of employment JOB AND FAMILY services adopted 34,293
pursuant to this chapter shall be approved by the unemployment 34,295
compensation review commission before the rules become effective. 34,297
All such rules shall specify on their face their effective date 34,298
and the date on which they will expire, if known. Approval by 34,299
the unemployment compensation review commission shall also be 34,300
required before amendments to, or rescission of, any rules of the 34,301
administrator DIRECTOR adopted pursuant to this chapter become 34,302
effective. If the commission disapproves a rule of the 34,303
administrator DIRECTOR, it shall determine and promulgate a rule 34,305
that it considers appropriate after affording a hearing to the 34,306
administrator DIRECTOR.
(B)(1) Any rule promulgated pursuant to this section shall 34,308
be effective on the tenth day after the day on which the rule in 34,309
final form and in compliance with division (B)(2) of this section 34,310
is filed as follows: 34,311
(a) Two certified copies of the rule shall be filed with 34,313
both the secretary of state and the director of the legislative 34,314
service commission; 34,315
(b) Two certified copies of the rule shall be filed with 34,317
the joint committee on agency rule review. Division (B)(1)(b) of 34,318
this section does not apply to any rule to which division (H) of 34,319
775
section 119.03 of the Revised Code does not apply. 34,320
If all copies are not filed on the same day, the rule shall 34,322
be effective on the tenth day after the day on which the latest 34,323
filing is made. If the bureau of employment services DIRECTOR or 34,325
the unemployment compensation review commission in adopting a 34,326
rule pursuant to this chapter designates an effective date that 34,328
is later than the effective date provided for by this division, 34,329
the rule if filed as required by this division shall become 34,330
effective on the later date designated by the bureau DIRECTOR or 34,331
commission.
If the commission or bureau DIRECTOR adopts or amends a 34,333
rule that is subject to division (H) of section 119.03 of the 34,335
Revised Code, the commission or bureau DIRECTOR shall assign a 34,336
review date to the rule that is not later than five years after 34,338
its effective date. If no review date is assigned to a rule, or 34,339
if a review date assigned to a rule exceeds the five-year 34,340
maximum, the review date for the rule is five years after its
effective date. A rule with a review date is subject to review 34,341
under section 119.032 of the Revised Code. 34,342
(2) The bureau DIRECTOR and commission shall file the rule 34,344
in compliance with the following standards and procedures: 34,346
(a) The rule shall be numbered in accordance with the 34,348
numbering system devised by the director OF THE LEGISLATIVE 34,349
SERVICE COMMISSION for the Ohio administrative code. 34,351
(b) The rule shall be prepared and submitted in compliance 34,353
with the rules of the legislative service commission. 34,354
(c) The rule shall clearly state the date on which it is 34,356
to be effective and the date on which it will expire, if known. 34,357
(d) Each rule that amends or rescinds another rule shall 34,359
clearly refer to the rule that is amended or rescinded. Each 34,360
amendment shall fully restate the rule as amended. 34,361
If the director of the legislative service commission or 34,363
the director's designee gives the bureau DIRECTOR of employment 34,365
JOB AND FAMILY services or the unemployment compensation review 34,366
776
commission written notice pursuant to section 103.05 of the 34,367
Revised Code that a rule filed by the bureau DIRECTOR or review 34,368
commission is not in compliance with the rules of the legislative 34,370
service commission, the bureau DIRECTOR or review commission 34,372
shall within thirty days after receipt of the notice conform the 34,373
rule to the rules of the LEGISLATIVE SERVICE commission as
directed in the notice. 34,374
The secretary of state and the director OF THE LEGISLATIVE 34,376
SERVICE COMMISSION shall preserve the rules filed under division 34,378
(B)(1)(a) of this section in an accessible manner. Each such 34,379
rule shall be a public record open to public inspection and may 34,380
be lent to any law publishing company that wishes to reproduce 34,381
it.
(C) As used in this section: 34,383
(1) "Rule" includes an amendment or rescission of a rule. 34,385
(2) "Substantive revision" has the same meaning as in 34,387
division (J) of section 119.01 of the Revised Code. 34,388
THIS IS AN INTERIM SECTION EFFECTIVE UNTIL APRIL 1, 2001. 34,390
Sec. 4141.17. The administrator DIRECTOR of the bureau of 34,399
employment JOB AND FAMILY services and the unemployment 34,401
compensation review commission may administer oaths, certify to 34,403
official acts, take depositions, issue subpoenas, and compel the
attendance and testimony of witnesses and the production of 34,404
books, accounts, papers, records, documents, and testimony IN 34,405
CONNECTION WITH THE ADMINISTRATION OF THIS CHAPTER. 34,406
In case of the refusal of a witness to attend or testify, 34,408
or to produce books or papers, as to any matter regarding which 34,409
the witness might be lawfully interrogated in the administration 34,411
of this chapter, the court of common pleas of the county in which 34,412
the person resides or is found, the court of appeals that has 34,413
jurisdiction over the county in which the person resides or is
found, or a judge thereof, upon application of the administrator 34,415
DIRECTOR or commission, shall compel obedience by proceedings as 34,417
for contempt as in case of like refusal to obey a similar order 34,418
777
of the court.
Sec. 4141.18. Every employer, whether or not otherwise 34,427
subject to sections 4141.01 to 4141.46, inclusive, of the Revised 34,428
Code THIS CHAPTER, shall keep a true and accurate employment 34,429
record of all his THE EMPLOYER'S employees, whether qualified and 34,431
eligible to benefits or not, and of the hours worked by each 34,432
employee and of the wages paid to him THE EMPLOYEE, and shall 34,433
furnish to the administrator DIRECTOR of the bureau of employment 34,435
JOB AND FAMILY services upon demand a sworn statement of the 34,436
same. Such record shall be open to inspection by the 34,437
administrator DIRECTOR or his THE DIRECTOR'S authorized 34,439
representatives at any reasonable time. 34,440
Sec. 4141.20. (A) Every employer, including those not 34,449
otherwise subject to this chapter, shall furnish the 34,450
administrator DIRECTOR of the bureau of employment JOB AND FAMILY 34,452
services upon request all information required by the
administrator DIRECTOR to carry out the requirements of this 34,455
chapter. Every employer receiving from the administrator
DIRECTOR any blank with direction to fill it out shall cause it 34,457
to be properly filled out, in the manner prescribed by the 34,458
administrator DIRECTOR, so as to answer fully and correctly all 34,459
questions therein propounded, and shall furnish all the 34,461
information therein sought, or, if unable to do so, that employer 34,462
shall give the administrator DIRECTOR in writing good and 34,464
sufficient reason for such failure. 34,466
The administrator DIRECTOR may require that such 34,468
information be verified under oath and returned to the 34,469
administrator DIRECTOR within the period fixed by the 34,471
administrator DIRECTOR or by law. The administrator DIRECTOR or 34,472
any person employed by the administrator DIRECTOR for that 34,473
purpose may examine under oath any such employer, or the officer, 34,475
agent, or employee of that employer, for the purpose of 34,476
ascertaining any information that the employer is required by 34,477
this chapter to furnish to the administrator DIRECTOR. Any 34,479
778
employer who fails to furnish information as is required by the 34,481
administrator DIRECTOR under authority of this section shall 34,483
forfeit five hundred dollars to be collected in a civil action 34,484
brought against the employer in the name of the state.
(B) Effective with the calendar quarter beginning April 1, 34,486
1987, every contributory employer shall file a quarterly 34,487
contribution report and a quarterly report of wages. The 34,488
quarterly reports shall be filed no later than the last day of 34,489
the first month following the close of the calendar quarter for 34,490
which the quarterly reports are being filed. The employer shall 34,491
enter on the quarterly contribution report the total and taxable 34,492
remuneration paid to all employees during the quarter. The 34,493
employer shall enter on the quarterly report of wages the name 34,494
and social security number of each individual employed during the 34,495
calendar quarter, the total remuneration paid the individual, the 34,496
number of weeks during the quarter for which the individual was 34,497
paid remuneration, and any other information as required by 34,498
section 1137 of the "Social Security Act." The administrator 34,499
DIRECTOR shall furnish the form or forms on which the quarterly 34,501
reports are to be submitted or the employer may use other methods 34,502
of reporting, including electronic information transmission 34,503
methods, as approved by the administrator DIRECTOR. 34,504
Effective until the calendar quarter beginning January 1, 34,506
1993, in case of failure to file the quarterly contribution 34,507
report or the report of wages containing all the required 34,508
contribution and wage information within the time prescribed by 34,509
this section, there shall be assessed a forfeiture amounting to 34,510
ten per cent of the contributions due; provided such forfeiture 34,511
shall not be less than twenty-five nor more than two hundred 34,512
fifty dollars. The administrator DIRECTOR may waive the 34,513
forfeiture only with respect to the report of wages, and the 34,515
waiver may be approved only if the employer shows good cause for 34,516
failure to file the required information. 34,517
Effective with the calendar quarter beginning January 1, 34,519
779
1993, in case of failure to file the quarterly contribution 34,520
report containing all the required information within the time 34,521
prescribed by this section, there shall be assessed a forfeiture 34,522
amounting to twenty-five one-hundredths of one per cent of the 34,523
total remuneration paid by the employer, provided such forfeiture 34,524
shall not be less than thirty nor more than five hundred dollars 34,525
per quarterly contribution report. The administrator DIRECTOR 34,526
may waive the forfeiture only if the employer provides to the 34,528
administrator DIRECTOR a written statement showing good cause for 34,530
failure to file the required quarterly contribution report. 34,531
Effective with the calendar quarter beginning January 1, 34,533
1993, in case of failure to file the quarterly report of wages 34,534
containing all the required information within the time 34,535
prescribed by this section, there shall be assessed a forfeiture 34,536
amounting to twenty-five one-hundredths of one per cent of the 34,537
total remuneration paid by the employer, provided such forfeiture 34,538
shall be not less than thirty nor more than five hundred dollars 34,539
per quarterly report of wages. The administrator DIRECTOR may 34,540
waive the forfeiture only if the employer provides to the 34,542
administrator DIRECTOR a written statement showing good cause for 34,543
failure to file the required quarterly report of wages. 34,544
(C) Effective with the calendar quarter beginning April 1, 34,546
1987, every employer liable for payments in lieu of contributions 34,547
shall file a quarterly payroll report and a quarterly report of 34,548
wages. The employer shall file the quarterly reports no later 34,549
than the last day of the first month following the close of the 34,550
calendar quarter for which the quarterly reports are being filed. 34,551
The employer shall enter on the quarterly payroll report the 34,552
total remuneration paid to all employees during the quarter and 34,553
the total wages that would have been taxable had the employer 34,554
been subject to contributions. The employer shall enter on the 34,555
quarterly report of wages the name and social security number of 34,556
each individual employed during the calendar quarter, the total 34,557
remuneration paid the individual, the number of weeks during the 34,558
780
quarter for which the individual was paid remuneration, and any 34,559
other information as required by section 1137 of the "Social 34,560
Security Act." The administrator DIRECTOR shall furnish the form 34,562
or forms on which the quarterly reports are to be submitted or 34,563
the employer may use other methods of reporting, including 34,564
electronic information transmission methods, as approved by the 34,565
administrator.
Effective until the calendar quarter beginning January 1, 34,567
1993, in case of failure to file the quarterly payroll report or 34,568
the report of wages containing all of the required payroll or 34,569
wage information within the time prescribed by this section, the 34,570
employer shall be assessed a forfeiture of twenty-five dollars 34,571
per report. The administrator DIRECTOR may waive the forfeiture 34,572
only with respect to the report of wages, and such waiver may be 34,574
approved only if the employer shows good cause for failure to 34,575
file the required information. 34,576
Effective with the calendar quarter beginning January 1, 34,578
1993, in case of failure to file the quarterly payroll report 34,579
containing all the required wage information within the time 34,580
prescribed by this section, the employer shall be assessed a 34,581
forfeiture amounting to twenty-five one-hundredths of one per 34,582
cent of the total remuneration paid by the employer, provided 34,583
such forfeiture shall not be less than thirty nor more than five 34,584
hundred dollars per quarterly payroll report. The administrator 34,585
DIRECTOR may waive the forfeiture only if the employer provides 34,587
to the administrator DIRECTOR a written statement showing good 34,588
cause for failure to file the required quarterly payroll report. 34,590
Effective with the calendar quarter beginning January 1, 34,592
1993, in case of failure to file the quarterly report of wages 34,593
containing all the required information within the time 34,594
prescribed by this section, there shall be assessed a forfeiture 34,595
amounting to twenty-five one-hundredths of one per cent of the 34,596
total remuneration paid by the employer, provided such forfeiture 34,597
shall be not less than thirty nor more than five hundred dollars 34,598
781
per quarterly report of wages. The administrator DIRECTOR may 34,599
waive the forfeiture only if the employer provides to the 34,601
administrator DIRECTOR a written statement showing good cause for 34,603
failure to file the required quarterly report of wages. 34,604
(D) All forfeitures required by this section shall be paid 34,606
into the unemployment compensation special administrative fund as 34,607
provided in section 4141.11 of the Revised Code. 34,608
Sec. 4141.23. (A) Contributions shall accrue and become 34,617
payable by each employer for each calendar year or other period 34,618
as prescribed by this chapter. Such contributions become due and 34,619
shall be paid by each employer to the bureau DIRECTOR of 34,620
employment JOB AND FAMILY services for the unemployment 34,621
compensation fund in accordance with such regulations as the 34,623
administrator of the bureau of employment services DIRECTOR 34,624
prescribes, and shall not be deducted, in whole or in part, from 34,625
the remuneration of individuals in his THE EMPLOYER'S employ. 34,626
In the payment of any contributions, a fractional part of a 34,628
dollar may be disregarded unless it amounts to fifty cents or 34,629
more, in which case it may be increased to the next higher 34,630
dollar. 34,631
(B)(1) Any contribution or payment in lieu of 34,633
contribution, due from an employer on or before December 31, 34,634
1992, shall, if not paid when due, bear interest at the rate of 34,635
ten per cent per annum. In such computation any fraction of a 34,636
month shall be considered as a full month. 34,637
(2) Any contribution, payment in lieu of contribution, 34,639
interest, forfeiture, or fine due from an employer on or after 34,640
January 1, 1993, shall, if not paid when due, bear interest at 34,641
the annual rate of fourteen per cent compounded monthly on the 34,642
aggregate receivable balance due. In such computation any 34,643
fraction of a month shall be considered as a full month. 34,644
(C) The administrator DIRECTOR may waive the interest 34,646
assessed under division (B)(2) of this section if the employer 34,647
meets all of the following conditions within thirty days after 34,648
782
the date the administrator DIRECTOR mails or delivers the notice 34,649
of assessment of interest: 34,651
(1) Provides to the administrator DIRECTOR a written 34,653
request for a waiver of interest clearly demonstrating that his 34,655
THE EMPLOYER'S failure to timely pay contributions, payments in 34,657
lieu of contributions, interest, forfeiture, and fines was a 34,658
result of circumstances beyond the control of the employer or his 34,659
THE EMPLOYER'S agent, except that negligence on the part of the 34,661
employer or his THE EMPLOYER'S agent shall not be considered 34,663
beyond the control of the employer or his THE EMPLOYER'S agent; 34,664
(2) Furnishes to the administrator DIRECTOR all quarterly 34,666
reports required under section 4141.20 of the Revised Code; 34,668
(3) Pays in full all contributions, payments in lieu of 34,670
contributions, interest, forfeiture, and fines for each quarter 34,671
for which such payments are due. 34,672
The administrator DIRECTOR shall deny an employer's request 34,674
for a waiver of interest if he finds AFTER FINDING that the 34,676
employer's failure to timely furnish reports or make payments as 34,678
required under this chapter was due to an attempt to evade 34,679
payment.
(D) Any contribution, interest, forfeiture, or fine 34,681
required to be paid under this chapter by any employer shall, if 34,682
not paid when due, become a lien upon the real and personal 34,683
property of such employer. Upon failure of such employer to pay 34,684
the contributions, interest, forfeiture, or fine required to be 34,685
paid under this chapter, the administrator DIRECTOR shall file 34,686
notice of such lien, for which there shall be no charge, in the 34,688
office of the county recorder of the county in which it is 34,689
ascertained that such employer owns real estate or personal 34,690
property. The administrator DIRECTOR shall notify the employer 34,691
by mail of the lien. The absence of proof that the notice was 34,693
sent does not affect the validity of the lien. Such lien shall 34,694
not be valid as against the claim of any mortgagee, pledgee, 34,695
purchaser, judgment creditor, or other lienholder of record at 34,696
783
the time such notice is filed. 34,697
If the employer acquires real or personal property after 34,699
notice of lien is filed, such lien shall not be valid as against 34,700
the claim of any mortgagee, pledgee, subsequent bona fide 34,701
purchaser for value, judgment creditor, or other lienholder of 34,702
record to such after-acquired property, unless the notice of lien 34,703
is refiled after such property was acquired by the employer and 34,704
before the competing lien attached to such after-acquired 34,705
property or before the conveyance to such subsequent bona fide 34,706
purchaser for value. 34,707
Such notice shall be recorded in a book kept by the 34,709
recorder called the "unemployment compensation lien record" and 34,710
indexed therein in an alphabetical index under the name of such 34,711
employer. When such unpaid contributions, interest, forfeiture, 34,712
or fines have been paid, the employer may record with the 34,713
recorder of the county in which such notice of lien has been 34,714
filed and recorded, notice of such payment. For recording such 34,715
notice of payment the recorder shall charge and receive from the 34,716
employer a fee of two dollars. 34,717
(E) Assessment of contributions shall not be made after 34,719
four years from the date on which such contributions became 34,720
payable, and no action in court for the collection of 34,721
contributions without assessment of such contributions shall be 34,722
begun after the expiration of five years from the date such 34,723
contributions became payable. In case of a false or fraudulent 34,724
report or of a willful attempt in any manner to evade 34,725
contributions, such contributions may be assessed or a proceeding 34,726
in court for the collection of such contributions may be begun 34,727
without assessment at any time. When the assessment of 34,728
contributions has been made within such four-year period 34,729
provided, action in court to collect such contributions may be 34,730
begun within, but not later than, six years after such 34,731
assessment. 34,732
(F) In the event of a distribution of an employer's 34,734
784
assets, pursuant to an order of any court under the law of this 34,735
state, including any receivership, assignment for benefit of 34,736
creditors, adjudicated insolvency, or similar proceedings, 34,737
contributions, interest, forfeiture, or fine then or thereafter 34,738
due have the same priority as provided by law for the payment of 34,739
taxes due the state and shall be paid out of the trust fund in 34,740
the same manner as provided for other claims for unpaid taxes due 34,741
the state. 34,742
(G) If the attorney general finds after investigation that 34,744
any claim for delinquent contributions, interest, forfeitures, or 34,745
fines owing to the bureau DIRECTOR is uncollectible, in whole or 34,746
in part, he THE ATTORNEY GENERAL shall recommend to the 34,748
administrator DIRECTOR the cancellation of such claim or any part 34,751
thereof. The administrator DIRECTOR may thereupon effect such 34,753
cancellation.
Sec. 4141.231. (A) If the administrator DIRECTOR of the 34,762
bureau of employment JOB AND FAMILY services determines that an 34,764
employer is liable for unemployment compensation contributions or 34,765
payments in lieu of contributions, interest, forfeitures, or 34,766
fines totaling an amount that exceeds one thousand dollars which 34,767
remain due and unpaid for thirty days or more and no part of the 34,768
amount due is the subject of an appeal under this chapter, he THE 34,769
DIRECTOR may certify this determination to the director of budget 34,771
and management. If the director OF BUDGET AND MANAGEMENT, upon 34,772
receipt of the administrator's DIRECTOR OF JOB AND FAMILY 34,773
SERVICES' determination, determines that the employer is a person 34,775
who has provided goods or services to this state for which 34,776
amounts are to be approved for payment pursuant to section 126.07 34,777
of the Revised Code, he THE DIRECTOR OF BUDGET AND MANAGEMENT 34,778
shall, in approving payments to the person under that section, 34,779
withhold from amounts otherwise payable to the person, the amount 34,780
of unemployment compensation contributions or payments in lieu of 34,781
contributions, interest, forfeitures, or fines due and unpaid as 34,782
certified by the administrator DIRECTOR OF JOB AND FAMILY 34,783
785
SERVICES, and shall approve for payment to the bureau DIRECTOR OF 34,785
JOB AND FAMILY SERVICES, the amount withheld. 34,786
(B) The administrator DIRECTOR OF JOB AND FAMILY SERVICES 34,788
shall deposit amounts received under division (A) of this section 34,790
into the clearing account established pursuant to division (C) of 34,791
section 4141.09 of the Revised Code. 34,792
Sec. 4141.24. (A)(1) The administrator DIRECTOR of the 34,801
bureau of employment JOB AND FAMILY services shall maintain a 34,804
separate account for each employer and, except as otherwise 34,805
provided in division (B) of section 4141.25 of the Revised Code 34,806
respecting mutualized contributions, shall credit such employer's 34,807
account with all the contributions, or payments in lieu of 34,808
contributions, which the employer has paid on the employer's own 34,809
behalf.
(2) If, as of the computation date, a contributory 34,811
employer's account shows a negative balance computed as provided 34,812
in division (A)(3) of section 4141.25 of the Revised Code, less 34,814
any contributions due and unpaid on such date, which negative
balance is in excess of the limitations imposed by divisions 34,815
(A)(2)(a), (b), and (c) of this section and if the employer's 34,816
account is otherwise eligible for the transfer, then before the 34,817
employer's contribution rate is computed for the next succeeding 34,818
contribution period, an amount equal to the amount of the excess 34,819
eligible for transfer shall be permanently transferred from the 34,820
account of such employer and charged to the mutualized account 34,821
provided in division (B) of section 4141.25 of the Revised Code. 34,823
(a) If as of any computation date, a contributory 34,825
employer's account shows a negative balance in excess of ten per 34,826
cent of the employer's average annual payroll, then before the 34,827
employer's contribution rate is computed for the next succeeding 34,828
contribution period, an amount equal to the amount of the excess 34,829
shall be transferred from the account as provided in this 34,830
division. No contributory employer's account may have any excess 34,831
transferred pursuant to division (A)(2)(a) of this section, 34,832
786
unless the employer's account has shown a positive balance for at 34,834
least two consecutive computation dates prior to the computation
date with respect to which the transfer is proposed. Each time a 34,835
transfer is made pursuant to division (A)(2)(a) of this section, 34,836
the employer's account is ineligible for any additional transfers 34,837
under that division, until the account shows a positive balance 34,838
for at least two consecutive computation dates subsequent to the 34,839
computation date of which the most recent transfer occurs 34,840
pursuant to division (A)(2)(a), (b), or (c) of this section. 34,841
(b) If at the next computation date after the computation 34,843
date at which a transfer from the account occurs pursuant to 34,844
division (A)(2)(a) of this section, a contributory employer's 34,845
account shows a negative balance in excess of fifteen per cent of 34,846
the employer's average annual payroll, then before the employer's 34,848
contribution rate is computed for the next succeeding
contribution period an amount equal to the amount of the excess 34,849
shall be permanently transferred from the account as provided in 34,850
this division. 34,851
(c) If at the next computation date subsequent to the 34,853
computation date at which a transfer from a contributory 34,854
employer's account occurs pursuant to division (A)(2)(b) of this 34,855
section, the employer's account shows a negative balance in 34,856
excess of twenty per cent of the employer's average annual 34,857
payroll, then before the employer's contribution rate is computed 34,859
for the next succeeding contribution period, an amount equal to
the amount of the excess shall be permanently transferred from 34,860
the account as provided in this division. 34,861
(d) If no transfer occurs pursuant to division (A)(2)(b) 34,863
or (c) of this section, the employer's account is ineligible for 34,864
any additional transfers under division (A)(2) until the account 34,865
requalifies for a transfer pursuant to division (A)(2)(a) of this 34,866
section. 34,867
(B) Any employer may make voluntary payments in addition 34,869
to the contributions required under this chapter, in accordance 34,870
787
with rules established by the administrator DIRECTOR. Such 34,871
payments shall be included in the employer's account as of the 34,873
computation date, provided they are received by the bureau of 34,874
employment services DIRECTOR by the thirty-first day of December 34,876
following such computation date. Such voluntary payment, when 34,877
accepted from an employer, will not be refunded in whole or in 34,878
part. In determining whether an employer's account has a 34,879
positive balance on two consecutive computation dates and is 34,880
eligible for transfers under division (A)(2) of this section, the 34,881
administrator DIRECTOR shall exclude any voluntary payments made 34,883
subsequent to the last transfer made under division (A)(2) of 34,884
this section.
(C) All contributions to the fund shall be pooled and 34,886
available to pay benefits to any individual entitled to benefits 34,887
irrespective of the source of such contributions. 34,888
(D)(1) For the purposes of this section and sections 34,890
4141.241 and 4141.242 of the Revised Code, an employer's account 34,891
shall be charged only for benefits based on remuneration paid by 34,892
such employer. Benefits paid to an eligible individual shall be 34,893
charged against the account of each employer within the 34,894
claimant's base period in the proportion to which wages 34,895
attributable to each employer of the claimant bears to the 34,896
claimant's total base period wages. Charges to the account of a 34,897
base period employer with whom the claimant is employed part-time 34,898
at the time the claimant's application for a determination of 34,900
benefits rights is filed shall be charged to the mutualized
account when all of the following conditions are met: 34,901
(a) The claimant also worked part-time for the employer 34,903
during the base period of the claim. 34,904
(b) The claimant is unemployed due to loss of other 34,906
employment. 34,907
(c) The employer is not a reimbursing employer under 34,910
section 4141.241 or 4141.242 of the Revised Code.
(2) Notwithstanding division (D)(1) of this section, 34,912
788
charges to the account of any employer, including any reimbursing 34,913
employer, shall be charged to the mutualized account if it 34,914
finally is determined by a court on appeal that the employer's 34,915
account is not chargeable for the benefits.
(3) The administrator DIRECTOR shall notify each employer 34,917
at least once each month of the benefits charged to the 34,919
employer's account since the last preceding notice; except that 34,921
for the purposes of sections 4141.241 and 4141.242 of the Revised 34,922
Code which provides the billing of employers on a payment in lieu 34,923
of a contribution basis, the administrator DIRECTOR may prescribe 34,924
a quarterly or less frequent notice of benefits charged to the 34,926
employer's account. Such notice will show a summary of the 34,927
amount of benefits paid which were charged to the employer's 34,928
account. This notice shall not be deemed a determination of the 34,929
claimant's eligibility for benefits. Any employer so notified, 34,930
however, may file within fifteen days after the mailing date of 34,931
the notice, an exception to charges appearing on the notice on 34,933
the grounds that such charges are not in accordance with this 34,934
section. The administrator DIRECTOR shall promptly examine the 34,936
exception to such charges and shall notify the employer of the 34,937
administrator's DIRECTOR'S decision thereon, which decision shall 34,939
become final unless appealed to the unemployment compensation 34,940
review commission in the manner provided in section 4141.26 of 34,941
the Revised Code. For the purposes of this division, an 34,942
exception is considered timely filed when it has been received as 34,943
provided in division (I)(2) of section 4141.28 of the Revised 34,944
Code.
(E) The administrator DIRECTOR shall terminate and close 34,946
the account of any contributory employer who has been subject to 34,947
this chapter if the enterprise for which the account was 34,948
established is no longer in operation and it has had no payroll 34,949
and its account has not been chargeable with benefits for a 34,950
period of five consecutive years. The amount of any positive 34,951
balance, computed as provided in division (A)(3) of section 34,952
789
4141.25 of the Revised Code, in an account closed and terminated 34,953
as provided in this section shall be credited to the mutualized 34,954
account as provided in division (B)(2)(b) of section 4141.25 of 34,955
the Revised Code. The amount of any negative balance, computed 34,956
as provided in division (A)(3) of section 4141.25 of the Revised 34,957
Code, in an account closed and terminated as provided in this 34,958
section shall be charged to the mutualized account as provided in 34,959
division (B)(1)(b) of section 4141.25 of the Revised Code. The 34,960
amount of any positive balance or negative balance, credited or 34,962
charged to the mutualized account after the termination and 34,963
closing of an employer's account, shall not thereafter be 34,964
considered in determining the contribution rate of such employer. 34,965
The closing of an employer's account as provided in this division 34,966
shall not relieve such employer from liability for any unpaid 34,967
contributions or payment in lieu of contributions which are due 34,968
for periods prior to such closing. 34,969
If the administrator DIRECTOR finds that a contributory 34,971
employer's business is closed solely because of the entrance of 34,973
one or more of the owners, officers, or partners, or the majority 34,974
stockholder, into the armed forces of the United States, or any 34,975
of its allies, or of the United Nations after July 1, 1950, such 34,976
employer's account shall not be terminated and if the business is 34,977
resumed within two years after the discharge or release of such 34,978
persons from active duty in the armed forces, the employer's 34,979
experience shall be deemed to have been continuous throughout 34,980
such period. The reserve ratio of any such employer shall be the 34,981
total contributions paid by such employer minus all benefits, 34,982
including benefits paid to any individual during the period such 34,983
employer was in the armed forces, based upon wages paid by the 34,984
employer prior to the employer's entrance into the armed forces 34,986
divided by the average of the employer's annual payrolls for the 34,987
three most recent years during the whole of which the employer 34,989
has been in business.
(F) If an employer transfers the employer's business or 34,991
790
otherwise reorganizes such business, the successor in interest 34,992
shall assume the resources and liabilities of such employer's 34,993
account, and continue the payment of all contributions, or 34,994
payments in lieu of contributions, due under this chapter. If an 34,995
employer acquires substantially all of the assets in a trade or 34,996
business of another employer, or a clearly segregable and 34,997
identifiable portion of an employer's enterprise, and immediately 34,998
after the acquisition employs in the employer's trade or business 34,999
substantially the same individuals who immediately prior to the 35,001
acquisition were employed in the trade or business or in the 35,002
separate unit of such trade or business of such predecessor 35,003
employer, then, upon application to the administrator DIRECTOR 35,004
signed by the predecessor employer and the acquiring employer, 35,006
the employer acquiring such enterprise is the successor in 35,007
interest. In the case of a transfer of a portion of an 35,008
employer's enterprise, only that part of the experience with 35,009
unemployment compensation and payrolls that is directly 35,010
attributable to the segregated and identifiable part shall be 35,011
transferred and used in computing the contribution rate of the 35,012
successor employer on the next computation date. The
administrator DIRECTOR by rule may prescribe procedures for 35,013
effecting transfers of experience as provided for in this 35,015
section.
(G) For the purposes of this section, two or more 35,017
employers who are parties to or the subject of a merger, 35,018
consolidation, or other form of reorganization effecting a change 35,019
in legal identity or form are deemed to be a single employer if 35,020
the administrator DIRECTOR finds that immediately after such 35,021
change the employing enterprises of the predecessor employers are 35,023
continued solely through a single employer as successor thereto, 35,024
and immediately after such change such successor is owned or 35,025
controlled by substantially the same interests as the predecessor 35,026
employers, and the successor has assumed liability for all 35,027
contributions required of the predecessor employers, and the 35,028
791
consideration of such two or more employers as a single employer 35,029
for the purposes of this section would not be inequitable. 35,030
(H) No rate of contribution less than two and seven-tenths 35,033
per cent shall be permitted a contributory employer succeeding to 35,034
the experience of another contributory employer pursuant to this 35,035
section for any period subsequent to such succession, except in 35,036
accordance with rules prescribed by the administrator DIRECTOR, 35,037
which rules shall be consistent with federal requirements for 35,039
additional credit allowance in section 3303 of the "Internal 35,040
Revenue Code of 1954" and consistent with this chapter, except 35,041
that such rules may establish a computation date for any such 35,042
period different from the computation date generally prescribed 35,043
by this chapter, and may define "calendar year" as meaning a 35,044
twelve-consecutive-month period ending on the same day of the 35,045
year as that on which such computation date occurs. 35,046
(I) The administrator DIRECTOR may prescribe rules for the 35,048
establishment, maintenance, and dissolution of common 35,049
contribution rates for two or more contributory employers, and in 35,050
accordance with such rules and upon application by two or more 35,051
employers shall establish such common rate to be computed by 35,052
merging the several contribution rate factors of such employers 35,053
for the purpose of establishing a common contribution rate 35,054
applicable to all such employers. 35,055
Sec. 4141.241. (A)(1) Any nonprofit organization 35,064
described in division (X) of section 4141.01 of the Revised Code, 35,065
which becomes subject to this chapter on or after January 1, 35,066
1972, shall pay contributions under section 4141.25 of the 35,067
Revised Code, unless it elects, in accordance with this division, 35,068
to pay to the administrator DIRECTOR of employment JOB AND FAMILY 35,070
services for deposit in the unemployment compensation fund an 35,071
amount in lieu of contributions equal to the amount of regular 35,072
benefits plus one half of extended benefits paid from that fund 35,073
that is attributable to service in the employ of the nonprofit 35,074
organization to individuals whose service, during the base period 35,075
792
of the claims, was within the effective period of such election. 35,076
(2) Any nonprofit organization which becomes subject to 35,078
this chapter after January 1, 1972, may elect to become liable 35,079
for payments in lieu of contributions for a period of not less 35,080
than the remainder of that calendar year and the next calendar 35,081
year, beginning with the date on which such subjectivity begins, 35,082
by filing a written notice of its election with the administrator 35,083
DIRECTOR not later than thirty days immediately following the 35,085
date of the determination of such subjectivity. 35,086
(3) Any nonprofit organization which makes an election in 35,088
accordance with this division will continue to be liable for 35,089
payments in lieu of contributions for the period described in 35,090
this division and until it files with the administrator DIRECTOR 35,091
a written notice terminating its election. The notice shall be 35,093
filed not later than thirty days prior to the beginning of the 35,094
calendar year for which the termination is to become effective. 35,095
(4) Any nonprofit organization which has been paying 35,097
contributions for a period subsequent to January 1, 1972, may 35,098
change to a reimbursable basis by filing with the administrator 35,099
DIRECTOR, not later than thirty days prior to the beginning of 35,101
any calendar year, a written notice of election to become liable 35,102
for payments in lieu of contributions. The election shall not be 35,103
terminable by the organization during that calendar year and the 35,104
next calendar year. 35,105
(5) The administrator DIRECTOR, in accordance with any 35,107
rules the administrator DIRECTOR prescribes, shall notify each 35,109
nonprofit organization of any determination which the 35,111
administrator DIRECTOR may make of its status as an employer and 35,113
of the effective date of any election which it makes and of any 35,114
termination of the election. Any determinations shall be subject 35,115
to reconsideration, appeal, and review in accordance with section 35,116
4141.26 of the Revised Code. 35,117
(B) Except as provided in division (I) of section 4141.29 35,119
of the Revised Code, benefits based on service with a nonprofit 35,120
793
organization granted a reimbursing status under this section 35,121
shall be payable in the same amount, on the same terms, and 35,122
subject to the same conditions, as benefits payable on the basis 35,123
of other service subject to this chapter. Payments in lieu of 35,124
contributions shall be made in accordance with this division and 35,125
division (D) of section 4141.24 of the Revised Code. 35,126
(1)(a) At the end of each calendar quarter, or at the end 35,128
of any other period as determined by the administrator DIRECTOR 35,129
under division (D)(3) of section 4141.24 of the Revised Code, the 35,131
administrator DIRECTOR shall bill each nonprofit organization or 35,132
group of such organizations which has elected to make payments in 35,134
lieu of contributions for an amount equal to the full amount of 35,135
regular benefits plus one half of the amount of extended benefits 35,136
paid during such quarter or other prescribed period which is 35,137
attributable to service in the employ of such organization. 35,138
(b) In the computation of the amount of benefits to be 35,140
charged to employers liable for payments in lieu of 35,141
contributions, all benefits attributable to service described in 35,142
division (B)(1)(a) of this section shall be computed and charged 35,143
to such organization as described in division (D) of section 35,144
4141.24 of the Revised Code, and, except as provided in division 35,145
(D)(2) of section 4141.24 of the Revised Code, no portion of the 35,147
amount may be charged to the mutualized account established by 35,148
division (B) of section 4141.25 of the Revised Code. 35,149
(c) The administrator DIRECTOR may prescribe regulations 35,151
under which organizations, which have elected to make payments in 35,152
lieu of contributions may request permission to make such 35,153
payments in equal installments throughout the year with an 35,154
adjustment at the end of the year for any excess or shortage of 35,155
the amount of such installment payments compared with the total 35,156
amount of benefits actually charged the organization's account 35,157
during the year. In making any adjustment, where the total 35,158
installment payments are less than the actual benefits charged, 35,159
the organization shall be liable for payment of the unpaid 35,160
794
balance in accordance with division (B)(2) of this section. If 35,161
the total installment payments exceed the actual benefits 35,162
charged, all or part of the excess may, at the discretion of the 35,163
administrator DIRECTOR, be refunded or retained in the fund as 35,165
part of the payments which may be required in the next year. 35,166
(2) Payment of any bill rendered under division (B)(1) of 35,168
this section shall be made not later than thirty days after the 35,169
bill was mailed to the last known address of the organization or 35,170
was otherwise delivered to it, unless there has been an 35,171
application for review and redetermination in accordance with 35,172
division (B)(4) of this section. 35,173
(3) Payments made by an organization under this section 35,175
shall not be deducted or deductible, in whole or in part, from 35,176
the remuneration of individuals in the employ of the 35,177
organization. 35,178
(4) An organization may file an application for review and 35,180
redetermination of the amounts appearing on any bill rendered to 35,181
such organization under division (B)(1) of this section. The 35,182
application shall be filed and determined under division (D)(3) 35,184
of section 4141.24 of the Revised Code. 35,185
(5) Past-due payments of amounts in lieu of contributions 35,187
shall be subject to the same interest rates and collection 35,188
procedures that apply to past-due contributions under sections 35,189
4141.23 and 4141.27 of the Revised Code. In case of failure to 35,190
file a required quarterly report within the time prescribed by 35,191
the administrator DIRECTOR, the nonprofit organization shall be 35,192
subject to a forfeiture pursuant to section 4141.20 of the 35,194
Revised Code for each quarterly report that is not timely filed. 35,195
All interest and forfeitures collected under this division 35,197
shall be paid into the unemployment compensation special 35,198
administrative fund as provided in section 4141.11 of the Revised 35,199
Code. 35,200
(6) All payments in lieu of contributions collected under 35,202
this section shall be paid into the unemployment compensation 35,203
795
fund as provided in section 4141.09 of the Revised Code. Any 35,204
refunds of such payments shall be paid from the unemployment 35,205
compensation fund, as provided in section 4141.09 of the Revised 35,206
Code. 35,207
(C)(1) Any nonprofit organization, or group of such 35,209
organizations approved under division (D) of this section, that 35,211
elects to become liable for payments in lieu of contributions 35,212
shall be required within thirty days after the effective date of 35,213
its election, to execute and file with the administrator DIRECTOR 35,215
a surety bond approved by the administrator DIRECTOR or it may 35,216
elect instead to deposit with the administrator DIRECTOR approved 35,218
municipal or other bonds, or approved securities, or a 35,220
combination thereof, or other forms of collateral security 35,221
approved by the administrator DIRECTOR.
(2)(a) The amount of the bond or deposit required shall be 35,223
equal to three per cent of the organization's wages paid for 35,224
employment as defined in section 4141.01 of the Revised Code that 35,225
would have been taxable had the organization been a subject 35,226
employer during the four calendar quarters immediately preceding 35,227
the effective date of the election, or the amount established by 35,229
the administrator DIRECTOR within the limitation provided in 35,231
division (C)(2)(d) of this section, whichever is the less. The 35,232
effective date of the amount of the bond or other collateral 35,233
security required after the employer initially is determined by
the administrator DIRECTOR to be liable for payments in lieu of 35,234
contributions shall be the renewal date in the case of a bond or 35,237
the biennial anniversary of the effective date of election in the 35,238
case of deposit of securities or other forms of collateral
security approved by the administrator DIRECTOR, whichever date 35,239
shall be most recent and applicable. If the nonprofit 35,240
organization did not pay wages in each of such four calendar 35,241
quarters, the amount of the bond or deposit shall be as 35,242
determined by the administrator DIRECTOR under regulations 35,243
prescribed for this purpose. 35,245
796
(b) Any bond or other form of collateral security approved 35,247
by the administrator DIRECTOR deposited under this division shall 35,248
be in force for a period of not less than two calendar years and 35,249
shall be renewed with the approval of the administrator DIRECTOR, 35,250
at such times as the administrator DIRECTOR may prescribe, but 35,252
not less frequently than at two-year intervals as long as the 35,254
organization continues to be liable for payments in lieu of 35,255
contributions. The administrator DIRECTOR shall require 35,257
adjustments to be made in a previously filed bond or other form
of collateral security as the administrator DIRECTOR considers 35,259
appropriate. If the bond or other form of collateral security is 35,261
to be increased, the adjusted bond or collateral security shall 35,262
be filed by the organization within thirty days of the date that 35,263
notice of the required adjustment was mailed or otherwise 35,264
delivered to it. Failure by any organization covered by such 35,265
bond or collateral security to pay the full amount of payments in 35,266
lieu of contributions when due, together with any applicable
interest provided for in division (B)(5) of this section, shall 35,267
render the surety liable on the bond or collateral security to 35,268
the extent of the bond or collateral security, as though the 35,270
surety was the organization.
(c) Any securities accepted in lieu of surety bond by the 35,272
administrator DIRECTOR shall be deposited with the treasurer of 35,273
state who shall have custody thereof and retain the same in the 35,275
treasurer of state's possession, or release them, according to 35,276
conditions prescribed by regulations of the administrator 35,278
DIRECTOR. Income from the securities, held in custody by the 35,280
treasurer of state, shall accrue to the benefit of the depositor 35,281
and shall be distributed to the depositor in the absence of any 35,282
notification from the administrator DIRECTOR that the depositor 35,283
is in default on any payment owed to the bureau of employment 35,284
services DIRECTOR. The administrator DIRECTOR may require the 35,286
sale of any such bonds to the extent necessary to satisfy any 35,287
unpaid payments in lieu of contributions, together with any 35,288
797
applicable interest or forfeitures provided for in division 35,289
(B)(5) of this section. The administrator DIRECTOR shall require 35,290
the employer within thirty days following any sale of deposited 35,291
securities, under this subdivision, to deposit additional 35,292
securities, surety bond, or combination of both, to make whole 35,293
the employer's security deposit at the approved level. Any cash 35,294
remaining from the sale of such securities may, at the discretion 35,295
of the administrator DIRECTOR, be refunded in whole or in part, 35,296
or be paid into the unemployment compensation fund to cover 35,298
future payments required of the organization. 35,299
(d) The required bond or deposit for any nonprofit 35,301
organization, or group of such organizations approved by the 35,302
administrator DIRECTOR under division (D) of this section, that 35,304
is determined by the administrator DIRECTOR to be liable for 35,305
payments in lieu of contributions effective beginning on and 35,306
after January 1, 1996, but prior to January 1, 1998, and the 35,307
required bond or deposit for any renewed elections under division 35,308
(C)(2)(b) of this section effective during that period shall not 35,309
exceed one million two hundred fifty thousand dollars. The
required bond or deposit for any nonprofit organization, or group 35,310
of such organizations approved by the administrator DIRECTOR 35,311
under division (D) of this section, that is determined to be 35,313
liable for payments in lieu of contributions effective on and 35,314
after January 1, 1998, and the required bond or deposit for any 35,315
renewed elections effective on and after January 1, 1998, shall 35,316
not exceed two million dollars.
(3) If any nonprofit organization fails to file a bond or 35,318
make a deposit, or to file a bond in an increased amount or to 35,319
make whole the amount of a previously made deposit, as provided 35,320
under this division, the administrator DIRECTOR may terminate the 35,322
organization's election to make payments in lieu of contributions 35,323
effective for the quarter following such failure and the 35,324
termination shall continue for not less than the remainder of 35,325
that calendar year and the next calendar year, beginning with the 35,326
798
quarter in which the termination becomes effective; except that 35,327
the administrator DIRECTOR may extend for good cause the 35,328
applicable filing, deposit, or adjustment period by not more than 35,330
thirty days. 35,331
(D)(1) Two or more nonprofit organizations that have 35,333
become liable for payments in lieu of contributions, in 35,334
accordance with division (A) of this section, may file a joint 35,335
application to the administrator DIRECTOR for the establishment 35,336
of the group account for the purpose of sharing the cost of 35,338
benefits paid that are attributable to service in the employ of 35,339
those employers. Notwithstanding division (E) of section 35,340
4141.242 of the Revised Code, hospitals operated by this state or 35,341
a political subdivision may participate in a group account with 35,342
nonprofit organizations under the procedures set forth in this 35,343
section. Each application shall identify and authorize a group 35,344
representative to act as the group's agent for the purposes of 35,345
this division. 35,346
(2) Upon the administrator's DIRECTOR'S approval of the 35,348
application, the administrator DIRECTOR shall establish a group 35,350
account for the employers effective as of the beginning of the 35,352
calendar quarter in which the administrator DIRECTOR receives the 35,353
application and shall notify the group's representative of the 35,355
effective date of the account. The account shall remain in 35,356
effect for not less than two years and thereafter until 35,357
terminated by the administrator DIRECTOR or upon application by 35,358
the group. 35,359
(3) Upon establishment of the account, each member of the 35,361
group shall be liable, in the event that the group representative 35,362
fails to pay any bill issued to it pursuant to division (B) of 35,363
this section, for payments in lieu of contributions with respect 35,364
to each calendar quarter in the amount that bears the same ratio 35,365
to the total benefits paid in the quarter that are attributable 35,366
to service performed in the employ of all members of the group as 35,367
the total wages paid for service in employment by the member in 35,368
799
the quarter bear to the total wages paid during the quarter for 35,369
service performed in the employ of all members of the group. 35,370
(4) The administrator DIRECTOR shall adopt regulations as 35,372
considered necessary with respect to the following: applications 35,374
for establishment, bonding, maintenance, and termination of group 35,375
accounts that are authorized by this section; addition of new 35,376
members to and withdrawal of active members from such accounts; 35,377
and the determination of the amounts that are payable under this 35,378
division by the group representative and in the event of default 35,379
in payment by the group representative, members of the group, and 35,380
the time and manner of payments. 35,381
Sec. 4141.242. (A) On or after January 1, 1978, the 35,390
state, its instrumentalities, its political subdivisions and 35,391
their instrumentalities, and any subdivision thereof as defined 35,392
in division (H) of this section and described in this section as 35,393
public entities, shall pay to the administrator DIRECTOR of the 35,395
bureau of employment JOB AND FAMILY services for deposit in the 35,396
unemployment compensation fund an amount in lieu of contributions 35,397
equal to the full amount of regular benefits, and the amount of 35,398
extended benefits chargeable under the terms of section 4141.301 35,399
of the Revised Code, from that fund that is attributable to 35,400
service in the employ of the public entity, under the same terms 35,401
and conditions as required of nonprofit organizations electing 35,402
reimbursing status under section 4141.241 of the Revised Code; 35,403
unless the public entity elects to pay contributions under 35,404
section 4141.25 of the Revised Code, under the following 35,405
conditions:
(1) Any public entity may elect, after December 31, 1977, 35,407
to become liable for contribution payments, as set forth in 35,408
section 4141.25 of the Revised Code, for a period of not less 35,409
than two calendar years by filing with the administrator DIRECTOR 35,410
a written notice of its election. 35,411
(2) The effective date of the election to pay 35,413
contributions shall be the first day of the first calendar 35,414
800
quarter after the election is approved by the administrator 35,415
DIRECTOR and which is at least thirty days after the election 35,416
notice was received. 35,417
(B) No surety bond shall be required of any reimbursing 35,419
public entity, as is required of nonprofit organizations under 35,420
division (C) of section 4141.241 of the Revised Code. Any public 35,421
entity, either reimbursing or contributory, shall, if it becomes 35,422
delinquent in the payment of reimbursements, contributions, 35,423
forfeiture, or interest, be subject to the same terms and the 35,424
same collection procedures as are set forth for reimbursing 35,425
employers under division (B) of section 4141.241 of the Revised 35,426
Code; and as set forth for contributory employers under this 35,427
chapter.
(C) The state of Ohio account and the accounts and 35,430
subaccounts of its instrumentalities, as defined in divisions 35,431
(H)(1)(a) and (b) of this section, shall be administered by the 35,432
director of administrative services, in coordination with the 35,433
administrator DIRECTOR OF JOB AND FAMILY SERVICES in accordance 35,434
with the terms and conditions of this chapter, regarding the 35,436
determination and payment of benefits attributable to service 35,438
with the state or its instrumentalities. In this capacity, the 35,439
director of administrative services shall maintain any necessary 35,441
accounts and subaccounts for the various agencies and departments 35,442
of the state and, through the director of budget and management, 35,444
apportion among the various state entities, and collect, the 35,445
costs of unemployment benefits, as billed by the bureau DIRECTOR 35,446
of employment JOB AND FAMILY services, except that any of the 35,447
individual agencies and departments for which such accounts and 35,448
subaccounts are maintained may, with the concurrence of the 35,449
director of administrative services and the administrator 35,450
DIRECTOR OF JOB AND FAMILY SERVICES, be designated to receive 35,451
billings directly from the administrator DIRECTOR OF JOB AND 35,452
FAMILY SERVICES and make payment in response to such billings 35,453
directly to the administrator DIRECTOR OF JOB AND FAMILY 35,454
801
SERVICES. Any moneys paid directly under this division and 35,455
collected by the director of administrative services shall be 35,456
forwarded to the administrator DIRECTOR OF JOB AND FAMILY 35,457
SERVICES for deposit in the fund established by division (A) of 35,459
section 4141.09 of the Revised Code, and shall be credited to the 35,460
accounts of the state and its instrumentalities. 35,461
(D) The accounts of the various local subdivisions, and 35,463
their instrumentalities shall be administered by appropriate 35,464
officials, as designated to the administrator DIRECTOR OF JOB AND 35,465
FAMILY SERVICES when the accounts are established. 35,467
(E) Two or more reimbursing public entities may file a 35,469
joint application to the administrator DIRECTOR OF JOB AND FAMILY 35,470
SERVICES for the establishment of a group account, for the 35,472
purpose of sharing the cost of benefits attributable to service 35,473
with the public entities, under the conditions provided for 35,474
nonprofit organizations under division (D) of section 4141.241 of 35,475
the Revised Code.
(F) Two or more public entities that have elected to pay 35,477
contributions may apply for a common rate under division (I) of 35,478
section 4141.24 of the Revised Code. Clear authority, 35,479
resolution, or ordinance for combining must be presented with the 35,480
application requesting the common rate status. Applications must 35,481
be filed by the first day of October of any year, to be effective 35,482
for the following calendar year. 35,483
(G) A public entity, either reimbursing or one electing to 35,485
pay contributions, shall be liable for the full amount of any 35,486
regular benefits paid that are attributable to service in the 35,487
employ of the public entity during the base period of a benefit 35,488
claim, and any extended benefits paid based on service as 35,489
provided in divisions (G)(1)(b) and (1)(c) of section 4141.301 of 35,490
the Revised Code. Where a public entity has changed from a 35,491
reimbursing status to a contributory status, during the base 35,492
period of the benefit claim, then the benefit charges 35,493
attributable to service with the reimbursement account shall be 35,494
802
charged to the reimbursement account; and, the charges 35,495
attributable to the contributory account shall be charged to that 35,496
account. The same rule shall be applicable to situations where a 35,497
contributory public entity has changed to a reimbursing status 35,498
during the base period of a benefit claim. 35,499
(H)(1) For the purposes of establishing employer status 35,501
and accounts for the state and its instrumentalities, its 35,502
political subdivisions and their instrumentalities, a separate 35,503
account shall be established and maintained for: 35,504
(a) The state, including therein the legislative and 35,506
executive branches, as defined in Articles II and III of the Ohio 35,507
Constitution, and the Ohio supreme court; 35,508
(b) Each separate instrumentality of the state; 35,510
(c) Each political subdivision of the state, including 35,512
therein the legislative, executive, and judicial functions 35,513
performed for the subdivision; 35,514
(d) Each separate instrumentality of the political 35,516
subdivision; 35,517
(e) Any jointly owned instrumentality of more than one of 35,519
the public entities described in this division, or any jointly 35,520
owned instrumentality of any such public entities and one or more 35,521
other states or political subdivisions thereof. 35,522
(2) For the purposes of this chapter, the separate 35,526
accounts, established by this division, shall be described as 35,527
"public entity accounts."
(I) The administrator DIRECTOR OF JOB AND FAMILY SERVICES, 35,529
in accordance with any rules that the administrator DIRECTOR may 35,531
prescribe, shall notify each public entity of any determination 35,533
which the administrator DIRECTOR may make of its status as an 35,534
employer and of the effective date of any election which it makes 35,535
and of any termination of the election. Any determinations are 35,536
subject to reconsideration, appeal, and review in accordance with 35,537
sections 4141.26 and 4141.28 of the Revised Code. 35,538
Sec. 4141.25. (A) The administrator DIRECTOR of the 35,547
803
bureau of employment JOB AND FAMILY services shall determine as 35,548
of each computation date the contribution rate of each 35,549
contributing employer subject to this chapter for the next 35,551
succeeding contribution period. The administrator DIRECTOR shall 35,552
determine a standard rate of contribution or an experience rate 35,553
for each contributing employer. Once a rate of contribution has 35,554
been established under this section for a contribution period, 35,556
except as provided in division (D) of section 4141.26 of the 35,557
Revised Code, that rate shall remain effective throughout such 35,558
contribution period. The rate of contribution shall be 35,559
determined in accordance with the following requirements: 35,560
(1) An employer whose experience does not meet the terms 35,562
of division (A)(2) of this section shall be assigned a standard 35,563
rate of contribution. Effective for contribution periods 35,564
beginning on and after January 1, 1998, an employer's standard 35,566
rate of contribution shall be a rate of two and seven-tenths per 35,567
cent, except that the rate for employers engaged in the 35,568
construction industry shall be the average contribution rate 35,569
computed for the construction industry or a rate of two and
seven-tenths per cent, whichever is greater. The standard rate 35,571
set forth in this division shall be applicable to a nonprofit 35,572
organization whose election to make payments in lieu of 35,573
contributions is voluntarily terminated or canceled by the 35,574
administrator DIRECTOR under section 4141.241 of the Revised 35,575
Code, and thereafter pays contributions as required by this 35,578
section. If such nonprofit organization had been a contributory 35,579
employer prior to its election to make payments in lieu of 35,580
contributions, then any prior balance in the contributory account 35,581
shall become part of the reactivated account. 35,582
As used in division (A) of this section, "the average 35,585
contribution rate computed for the construction industry" means
the most recent annual average rate attributable to the 35,587
construction industry as prescribed by the administrator 35,588
DIRECTOR.
804
(2) A contributing employer subject to this chapter shall 35,590
qualify for an experience rate only if the employer had no more 35,591
than three consecutive quarters without employment subject to 35,592
this chapter during the first seven of the eight completed 35,593
calendar quarters immediately prior to the computation date. 35,594
Upon meeting the qualifying requirements provided in division 35,595
(A)(2) of this section, the administrator DIRECTOR shall 35,596
calculate the total credits to each employer's account consisting 35,598
of the contributions other than mutualized contributions 35,599
including all contributions paid prior to the computation date 35,600
for all past periods plus: 35,601
(a) The contributions owing on the computation date that 35,603
are paid within thirty days after the computation date, and 35,604
credited to the employer's account; 35,605
(b) All voluntary contributions paid by an employer 35,607
pursuant to division (B) of section 4141.24 of the Revised Code. 35,608
(3) The administrator DIRECTOR also shall determine the 35,610
benefits which are chargeable to each employer's account and 35,612
which were paid prior to the computation date with respect to 35,613
weeks of unemployment ending prior to the computation date. The 35,614
administrator DIRECTOR then shall determine the positive or 35,615
negative balance of each employer's account by calculating the 35,617
excess of such contributions and interest over the benefits 35,618
chargeable, or the excess of such benefits over such 35,619
contributions and interest. Any resulting negative balance then 35,620
shall be subject to adjustment as provided in division (A)(2) of 35,621
section 4141.24 of the Revised Code after which the positive or 35,622
negative balance shall be expressed in terms of a percentage of 35,623
the employer's average annual payroll. If the total standing to 35,624
the credit of an employer's account exceeds the total charges, as 35,625
provided in this division, the employer has a positive balance 35,626
and if such charges exceed such credits the employer has a 35,627
negative balance. Each employer's contribution rate shall then 35,628
be determined in accordance with the following schedule: 35,629
805
Contribution Rate Schedule 35,630
If, as of the computation date The employer's 35,639
the contribution rate balance of contribution rate for 35,640
an employer's account as a the next succeeding 35,641
percentage of the employer's contribution period 35,642
average annual payroll is shall be 35,643
(a) A negative balance of: 35,646
20.0% or more 6.5% 35,647
19.0% but less than 20.0% 6.4% 35,648
17.0% but less than 19.0% 6.3% 35,649
15.0% but less than 17.0% 6.2% 35,650
13.0% but less than 15.0% 6.1% 35,651
11.0% but less than 13.0% 6.0% 35,652
9.0% but less than 11.0% 5.9% 35,653
5.0% but less than 9.0% 5.7% 35,654
4.0% but less than 5.0% 5.5% 35,655
3.0% but less than 4.0% 5.3% 35,656
2.0% but less than 3.0% 5.1% 35,657
1.0% but less than 2.0% 4.9% 35,658
more than 0.0% but less than 1.0% 4.8% 35,659
(b) A 0.0% or a positive 35,660
balance of less than 1.0% 4.7% 35,661
(c) A positive balance of: 35,662
1.0% or more, but less than 1.5% 4.6% 35,663
1.5% or more, but less than 2.0% 4.5% 35,664
2.0% or more, but less than 2.5% 4.3% 35,665
2.5% or more, but less than 3.0% 4.0% 35,666
3.0% or more, but less than 3.5% 3.8% 35,667
3.5% or more, but less than 4.0% 3.5% 35,668
4.0% or more, but less than 4.5% 3.3% 35,669
4.5% or more, but less than 5.0% 3.0% 35,670
5.0% or more, but less than 5.5% 2.8% 35,671
5.5% or more, but less than 6.0% 2.5% 35,672
6.0% or more, but less than 6.5% 2.2% 35,673
806
6.5% or more, but less than 7.0% 2.0% 35,674
7.0% or more, but less than 7.5% 1.8% 35,675
7.5% or more, but less than 8.0% 1.6% 35,676
8.0% or more, but less than 8.5% 1.4% 35,677
8.5% or more, but less than 9.0% 1.3% 35,678
9.0% or more, but less than 9.5% 1.1% 35,679
9.5% or more, but less than 10.0% 1.0% 35,680
10.0% or more, but less than 10.5% .9% 35,681
10.5% or more, but less than 11.0% .7% 35,682
11.0% or more, but less than 11.5% .6% 35,683
11.5% or more, but less than 12.0% .5% 35,684
12.0% or more, but less than 12.5% .4% 35,685
12.5% or more, but less than 13.0% .3% 35,686
13.0% or more, but less than 14.0% .2% 35,687
14.0% or more .1% 35,688
(d) The contribution rates shall be as specified in 35,691
divisions (a), (b), and (c) of the contribution rate schedule 35,692
except that notwithstanding the amendments made to division (a) 35,693
of the contribution rate schedule in this section, if, as of the 35,694
computation date: for 1991, the negative balance is 5.0% or 35,695
more, the contribution rate shall be 5.7%; for 1992, if the 35,696
negative balance is 11.0% or more, the contribution rate shall be 35,697
6.0%; and for 1993, if the negative balance is 17.0% or more, the 35,698
contribution rate shall be 6.3%. Thereafter, the contribution 35,699
rates shall be as specified in the contribution rate schedule. 35,700
(B)(1) The administrator DIRECTOR shall establish and 35,702
maintain a separate account to be known as the "mutualized 35,704
account." As of each computation date there shall be charged to 35,705
this account:
(a) As provided in division (A)(2) of section 4141.24 of 35,707
the Revised Code, an amount equal to the sum of that portion of 35,708
the negative balances of employer accounts which exceeds the 35,709
applicable limitations as such balances are computed under 35,710
division (A) of this section as of such date; 35,711
807
(b) An amount equal to the sum of the negative balances 35,713
remaining in employer accounts which have been closed during the 35,714
year immediately preceding such computation date pursuant to 35,715
division (E) of section 4141.24 of the Revised Code; 35,716
(c) An amount equal to the sum of all benefits improperly 35,718
paid preceding such computation date which are not recovered but 35,719
which are not charged to an employer's account, or which after 35,720
being charged, are credited back to an employer's account; 35,721
(d) An amount equal to the sum of any other benefits paid 35,723
preceding such computation date which, under this chapter, are 35,724
not chargeable to an employer's account; 35,725
(e) An amount equal to the sum of any refunds made during 35,727
the year immediately preceding such computation date of 35,728
erroneously collected mutualized contributions required by this 35,729
division which were previously credited to this account; 35,730
(f) An amount equal to the sum of any repayments made to 35,732
the federal government during the year immediately preceding such 35,733
computation date of amounts which may have been advanced by it to 35,734
the unemployment compensation fund under section 1201 of the 35,735
"Social Security Act," 49 Stat. 648 (1935), 42 U.S.C. 301; 35,736
(g) Any amounts appropriated by the general assembly out 35,738
of funds paid by the federal government, under section 903 of the 35,739
"Social Security Act," to the account of this state in the 35,740
federal unemployment trust fund. 35,741
(2) As of every computation date there shall be credited 35,743
to the mutualized account provided for in this division: 35,744
(a) The proceeds of the mutualized contributions as 35,746
provided in this division; 35,747
(b) Any positive balances remaining in employer accounts 35,749
which are closed as provided in division (E) of section 4141.24 35,750
of the Revised Code; 35,751
(c) Any benefits improperly paid which are recovered but 35,753
which cannot be credited to an employer's account; 35,754
(d) All amounts which may be paid by the federal 35,756
808
government under section 903 of the "Social Security Act" to the 35,757
account of this state in the federal unemployment trust fund; 35,758
(e) Amounts advanced by the federal government to the 35,760
account of this state in the federal unemployment trust fund 35,761
under section 1201 of the "Social Security Act" to the extent 35,762
such advances have been repaid to or recovered by the federal 35,763
government; 35,764
(f) Interest credited to the Ohio unemployment trust fund 35,766
as deposited with the secretary of the treasury of the United 35,767
States. 35,768
(3) Annually, as of the computation date, the 35,770
administrator DIRECTOR shall determine the total credits and 35,771
charges made to the mutualized account during the preceding 35,773
twelve months and the overall condition of the account. The 35,774
administrator DIRECTOR shall issue an annual statement containing 35,777
this information and such other information as the administrator 35,778
DIRECTOR deems pertinent, including a report that the sum of the 35,780
balances in the mutualized account, employers' accounts, and any 35,781
subsidiary accounts equal the balance in the state's unemployment 35,782
trust fund maintained under section 904 of the "Social Security 35,783
Act." 35,784
(4) As used in this division: 35,786
(a) "Fund as of the computation date" means as of any 35,788
computation date, the aggregate amount of the unemployment 35,789
compensation fund, including all contributions owing on the 35,790
computation date that are paid within thirty days thereafter, all 35,791
payments in lieu of contributions that are paid within sixty days 35,792
after the computation date, all reimbursements of the federal 35,793
share of extended benefits described in section 4141.301 of the 35,794
Revised Code that are owing on the computation date, and all 35,795
interest earned by the fund and received on or before the 35,796
computation date from the federal government. 35,797
(b) "Minimum safe level" means an amount equal to two 35,799
standard deviations above the average of the adjusted annual 35,800
809
average unemployment compensation benefit payment from 1970 to 35,801
the most recent calendar year prior to the computation date, as 35,802
determined by the administrator DIRECTOR pursuant to division 35,803
(B)(4)(b) of this section. To determine the adjusted annual 35,805
payment of unemployment compensation benefits, the administrator 35,806
DIRECTOR first shall multiply the number of weeks compensated 35,808
during each calendar year beginning with 1970 by the most recent 35,809
annual average weekly unemployment compensation benefit payment 35,810
and then compute the average and standard deviation of the 35,811
resultant products.
(c) "Annual average weekly unemployment compensation 35,813
benefit payment" means the amount resulting from dividing the 35,814
unemployment compensation benefits paid from the benefit account 35,815
maintained within the unemployment compensation fund pursuant to 35,816
section 4141.09 of the Revised Code, by the number of weeks 35,817
compensated during the same time period. 35,818
(5) If, as of any computation date, the charges to the 35,820
mutualized account during the entire period subsequent to the 35,821
computation date, July 1, 1966, made in accordance with division 35,822
(B)(1) of this section, exceed the credits to such account 35,823
including mutualized contributions during such period, made in 35,824
accordance with division (B)(2) of this section, the amount of 35,826
such excess charges shall be recovered during the next 35,827
contribution period. To recover such amount, the administrator 35,828
DIRECTOR shall compute the percentage ratio of such excess 35,829
charges to the average annual payroll of all employers eligible 35,831
for an experience rate under division (A) of this section. The 35,832
percentage so determined shall be computed to the nearest tenth 35,833
of one per cent and shall be an additional contribution rate to 35,834
be applied to the wages paid by each employer whose rate is 35,835
computed under the provisions of division (A) of this section in 35,837
the contribution period next following such computation date, but 35,838
such percentage shall not exceed five-tenths of one per cent; 35,839
however, when there are any excess charges in the mutualized 35,840
810
account, as computed in this division, then the mutualized 35,841
contribution rate shall not be less than one-tenth of one per 35,842
cent. 35,843
(6) If the fund as of the computation date is above or 35,845
below minimum safe level, the contribution rates provided for in 35,846
each classification in division (A)(3) of this section for the 35,848
next contribution period shall be adjusted as follows:
(a) If the fund is thirty per cent or more above minimum 35,850
safe level, the contribution rates provided in division (A)(3) of 35,852
this section shall be decreased two-tenths of one per cent. 35,853
(b) If the fund is more than fifteen per cent but less 35,855
than thirty per cent above minimum safe level, the contribution 35,856
rates provided in division (A)(3) of this section shall be 35,857
decreased one-tenth of one per cent. 35,858
(c) If the fund is more than fifteen per cent but less 35,860
than thirty per cent below minimum safe level, the contribution 35,861
rates of all employers shall be increased twenty-five 35,862
one-thousandths of one per cent plus a per cent increase 35,863
calculated and rounded pursuant to division (B)(6)(g) of this 35,865
section.
(d) If the fund is more than thirty per cent but less than 35,867
forty-five per cent below minimum safe level, the contribution 35,868
rates of all employers shall be increased seventy-five 35,869
one-thousandths of one per cent plus a per cent increase 35,870
calculated and rounded pursuant to division (B)(6)(g) of this 35,872
section.
(e) If the fund is more than forty-five per cent but less 35,874
than sixty per cent below minimum safe level, the contribution 35,875
rates of all employers shall be increased one-eighth of one per 35,876
cent plus a per cent increase calculated and rounded pursuant to 35,877
division (B)(6)(g) of this section. 35,878
(f) If the fund is sixty per cent or more below minimum 35,880
safe level, the contribution rates of all employers shall be 35,881
increased two-tenths of one per cent plus a per cent increase 35,882
811
calculated and rounded pursuant to division (B)(6)(g) of this 35,884
section.
(g) The additional per cent increase in contribution rates 35,886
required by divisions (B)(6)(c), (d), (e), and (f) of this 35,887
section that is payable by each individual employer shall be 35,888
calculated in the following manner. The flat rate increase 35,889
required by a particular division shall be multiplied by three 35,890
and the product divided by the average experienced-rated 35,891
contribution rate for all employers as determined by the 35,892
administrator DIRECTOR for the most recent calendar year. The 35,893
resulting quotient shall be multiplied by an individual 35,895
employer's contribution rate determined pursuant to division 35,896
(A)(3) of this section. The resulting product shall be rounded 35,898
to the nearest tenth of one per cent, added to the flat rate 35,899
increase required by division (B)(6)(c), (d), (e), or (f) of this 35,900
section, as appropriate, and the total shall be rounded to the 35,901
nearest tenth of one per cent. As used in division (B)(6)(g) of 35,902
this section, the "average experienced-rated contribution rate" 35,904
means the most recent annual average contribution rate reported 35,905
by the bureau DIRECTOR contained in report RS 203.2 less the 35,907
mutualized and minimum safe level contribution rates included in 35,908
such rate.
(h) If any of the increased contribution rates of division 35,910
(B)(6)(c), (d), (e), or (f) of this section are imposed, the rate 35,912
shall remain in effect for the calendar year in which it is 35,913
imposed and for each calendar year thereafter until the 35,914
administrator DIRECTOR determines as of the computation date for 35,915
calendar year 1991 and as of the computation date for any 35,917
calendar year thereafter pursuant to this section, that the level 35,918
of the unemployment compensation fund equals or exceeds the 35,919
minimum safe level as defined in division (B)(4)(b) of this 35,920
section. Nothing in division (B)(6)(h) of this section shall be 35,922
construed as restricting the imposition of the increased 35,923
contribution rates provided in divisions (B)(6)(c), (d), (e), and 35,924
812
(f) of this section if the fund falls below the percentage of the 35,925
minimum safe level as specified in those divisions. 35,926
(7) The additional contributions required by division 35,928
(B)(5) of this section shall be credited to the mutualized 35,929
account. The additional contributions required by division 35,930
(B)(6) of this section shall be credited fifty per cent to 35,931
individual employer accounts and fifty per cent to the mutualized 35,932
account. 35,933
(C) If an employer makes a payment of contributions which 35,935
is less than the full amount required by divisions (A) and (B) of 35,937
this section, such partial payment shall be applied first against 35,938
the mutualized contributions required under division (B) of this 35,940
section, including the additional contributions required under 35,941
division (B)(6) of this section. Any remaining partial payment 35,943
shall be credited to the employer's individual account. 35,944
(D) Whenever there are any increases in contributions 35,946
resulting from an increase in wages subject to contributions as 35,947
defined in division (G) of section 4141.01 of the Revised Code, 35,948
or from an increase in the mutualized rate of contributions 35,949
provided in division (B) of this section, or from a revision of 35,951
the contribution rate schedule provided in division (A) of this 35,953
section, except for that portion of the increase attributable to 35,954
a change in the positive or negative balance in an employer's 35,955
account, which increases become effective after a contract for 35,956
the construction of real property, as defined in section 5701.02 35,957
of the Revised Code, has been entered into, the contractee upon 35,958
written notice by a prime contractor shall reimburse the 35,959
contractor for all increased contributions paid by the prime 35,960
contractor or by subcontractors upon wages for services performed 35,961
under the contract. Upon reimbursement by the contractee to the 35,962
prime contractor, the prime contractor shall reimburse each 35,963
subcontractor for the increased contributions. 35,964
(E) Effective only for the contribution period beginning 35,966
on January 1, 1996, and ending on December 31, 1996, mutualized 35,967
813
contributions collected or received by the administrator DIRECTOR 35,968
pursuant to division (B)(5) of this section and amounts credited 35,970
to the mutualized account pursuant to division (B)(7) of this 35,971
section shall be deposited into or credited to the unemployment 35,973
compensation benefit reserve fund that is created under division 35,974
(F) of this section, except that amounts collected, received, or 35,975
credited in excess of two hundred million dollars shall be 35,976
deposited into or credited to the unemployment trust fund 35,977
established pursuant to section 4141.09 of the Revised Code. 35,979
(F) The state unemployment compensation benefit reserve 35,982
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. 35,983
The fund shall consist of all moneys collected or received as 35,985
mutualized contributions pursuant to division (B)(5) of this 35,986
section and amounts credited to the mutualized account pursuant 35,987
to division (B)(7) of this section as provided by division (E) of 35,989
this section. All moneys in the fund shall be used solely to pay 35,991
unemployment compensation benefits in the event that funds are no 35,992
longer available for that purpose from the unemployment trust 35,993
fund established pursuant to section 4141.09 of the Revised Code. 35,994
(G) The balance in the unemployment compensation benefit 35,996
reserve fund remaining at the end of the contribution period 35,998
beginning January 1, 2000, and any mutualized contribution 35,999
amounts for the contribution period beginning on January 1, 1996, 36,000
that may be received after December 31, 2000, shall be deposited 36,001
into the unemployment trust fund established pursuant to section 36,002
4141.09 of the Revised Code. Income earned on moneys in the 36,004
state unemployment compensation benefit reserve fund shall be 36,005
available for use by the administrator of the bureau of
employment services DIRECTOR only for the purposes described in 36,006
division (I) of this section, and shall not be used for any other 36,008
purpose.
(H) The unemployment compensation benefit reserve fund 36,010
balance shall be added to the unemployment trust fund balance in 36,012
814
determining the minimum safe level tax to be imposed pursuant to 36,013
division (B) of this section and shall be included in the 36,015
mutualized account balance for the purpose of determining the 36,016
mutualized contribution rate pursuant to division (B)(5) of this 36,017
section.
(I) All income earned on moneys in the unemployment 36,019
compensation benefit reserve fund from the investment of the fund 36,021
by the treasurer of state shall accrue to the bureau DEPARTMENT 36,022
of employment JOB AND FAMILY services automation administration 36,023
fund, which is hereby established in the state treasury. Moneys 36,025
within the automation administration fund shall be used to meet 36,027
the costs related to automation of the bureau DEPARTMENT and the 36,028
administrative costs related to collecting and accounting for 36,029
unemployment compensation benefit reserve fund revenue. Any 36,030
funds remaining in the automation administration fund upon 36,031
completion of the bureau's DEPARTMENT'S automation projects that 36,032
are funded by that fund shall be deposited into the unemployment 36,034
trust fund established pursuant to section 4141.09 of the Revised 36,035
Code.
(J) The administrator DIRECTOR shall prepare and submit 36,037
monthly reports to the unemployment compensation advisory 36,039
commission with respect to the status of efforts to collect and 36,040
account for unemployment compensation benefit reserve fund 36,041
revenue and the costs related to collecting and accounting for
that revenue. The administrator DIRECTOR shall obtain approval 36,042
from the unemployment compensation advisory commission for 36,043
expenditure of funds from the bureau DEPARTMENT of employment JOB 36,045
AND FAMILY services automation administration fund. Funds may be 36,046
approved for expenditure for purposes set forth in division (I) 36,047
of this section only to the extent that federal or other funds 36,049
are not available.
Sec. 4141.26. (A) As soon as practicable after the first 36,058
day of September but not later than the first day of December of 36,059
each year, the administrator DIRECTOR of the bureau of employment 36,061
815
JOB AND FAMILY services shall notify each employer of the 36,062
employer's contribution rate as determined for the next ensuing 36,063
contribution period pursuant to section 4141.25 of the Revised 36,064
Code provided the employer has furnished the bureau of employment 36,065
services DIRECTOR, by the first day of September following the 36,067
computation date, with the wage information for all past periods 36,068
necessary for the computation of the contribution rate. 36,069
(B)(1) In the case of contribution rates applicable to 36,071
contribution periods beginning on or before December 31, 1992, if 36,072
the employer has not furnished the necessary wage information, 36,073
the employer's contribution rate for such contribution period 36,075
shall be the maximum rate provided in such section, except that, 36,076
if the employer files the necessary wage information by the end 36,077
of the thirtieth day following the issuance of the maximum rate 36,078
notice, the employer's rate then shall be computed as provided in 36,079
section 4141.25 of the Revised Code. 36,080
(2) In the case of contribution rates applicable to 36,082
contribution periods beginning on or after January 1, 1993, and 36,083
before January 1, 1995, if the employer has not furnished the 36,084
necessary wage information, the employer's contribution rate for 36,086
such contribution period shall not be computed as provided in
section 4141.25 of the Revised Code, but instead shall be 36,087
assigned at the maximum rate provided in that section, with the 36,088
following exceptions: 36,089
(a) If the employer files the necessary wage information 36,091
by December thirty-first of the year immediately preceding the 36,092
contribution period for which the rate is to be effective, the 36,093
employer's rate then shall be computed as provided in division 36,094
(A) of section 4141.25 of the Revised Code. 36,095
(b) The administrator DIRECTOR may waive the maximum 36,097
contribution rate assigned pursuant to division (B)(2) of this 36,099
section if the employer meets all of the following conditions 36,100
within thirty days after the administrator DIRECTOR mails the 36,101
notice of the maximum contribution rate assigned pursuant to 36,102
816
division (B)(2) of this section: 36,103
(i) Provides to the administrator DIRECTOR a written 36,105
request for waiver of the maximum contribution rate, clearly 36,107
demonstrating that failure to timely furnish the wage information 36,108
as required by division (A) of this section was a result of 36,109
circumstances beyond the control of the employer or the 36,110
employer's agent, except that negligence on the part of the 36,111
employer shall not be considered beyond the control of the 36,112
employer or the employer's agent;
(ii) Furnishes to the administrator DIRECTOR all of the 36,114
wage information as required by division (A) of this section and 36,115
all quarterly reports due pursuant to section 4141.20 of the 36,116
Revised Code; 36,117
(iii) Pays in full all contributions, payments in lieu of 36,119
contributions, interest, forfeiture, and fines for each quarter 36,120
for which such payments are due. 36,121
(3) In the case of contribution rates applicable to 36,123
contribution periods beginning on or after January 1, 1995, if 36,124
the employer has not timely furnished the necessary wage 36,125
information as required by division (A) of this section, the 36,126
employer's contribution rate for such contribution period shall 36,127
not be computed as provided in section 4141.25 of the Revised 36,128
Code, but instead shall be assigned a contribution rate equal to 36,129
one hundred twenty-five per cent of the maximum rate provided in
that section, with the following exceptions: 36,130
(a) If the employer files the necessary wage information 36,132
by the thirty-first day of December of the year immediately 36,133
preceding the contribution period for which the rate is to be 36,134
effective, the employer's rate shall be computed as provided in 36,135
division (A) of section 4141.25 of the Revised Code; 36,136
(b) The administrator DIRECTOR may waive the contribution 36,138
rate assigned pursuant to division (B)(3) of this section if the 36,139
employer meets all of the following conditions within thirty days 36,140
after the administrator DIRECTOR mails to the employer the notice 36,142
817
of the contribution rate assigned pursuant to division (B)(3) of 36,143
this section: 36,144
(i) Provides to the administrator DIRECTOR a written 36,146
request for waiver of the contribution rate, clearly 36,148
demonstrating that the failure to timely furnish the wage 36,149
information as required by division (A) of this section was a 36,150
result of circumstances beyond the control of the employer or the 36,151
employer's agent, except that negligence on the part of the 36,152
employer shall not be considered to be beyond the control of the 36,153
employer or the employer's agent;
(ii) Furnishes to the administrator DIRECTOR all of the 36,155
wage information as required by division (A) of this section and 36,156
all quarterly reports due pursuant to section 4141.20 of the 36,157
Revised Code; 36,158
(iii) Pays in full all contributions, payments in lieu of 36,160
contributions, interest, forfeiture, and fines for each quarter 36,161
for which such payments are due. 36,162
(c) The administrator DIRECTOR shall revise the 36,164
contribution rate of an employer who has not timely furnished the 36,166
necessary wage information as required by division (A) of this 36,167
section, who has been assigned a contribution rate pursuant to 36,168
division (B)(3) of this section, and who does not meet the 36,169
requirements of division (B)(3)(a) or (b) of this section, if the 36,170
employer furnishes the necessary wage information to the 36,171
administrator DIRECTOR within thirty-six months following the 36,173
thirty-first day of December of the year immediately preceding 36,174
the contribution period for which the rate is to be effective. 36,175
The revised rate under division (B)(3)(c) of this section shall 36,176
be equal to one hundred twenty per cent of the contribution rate 36,177
that would have resulted if the employer had timely furnished the 36,178
necessary wage information under division (A) of this section. 36,179
(4) The administrator DIRECTOR shall deny an employer's 36,181
request for a waiver of the requirement that the employer's 36,183
contribution rate be the maximum rate under division (B)(2)(b) of 36,184
818
this section, or be the rate assigned under division (B)(3)(b) of 36,185
this section, or for a revision of the employer's rate as 36,186
provided in division (B)(3)(c) of this section if the 36,187
administrator DIRECTOR finds that the employer's failure to 36,189
timely file the necessary wage information was due to an attempt 36,190
to evade payment.
(5) The administrator DIRECTOR shall round the 36,192
contribution rates the administrator DIRECTOR determines under 36,194
this division to the nearest tenth of one per cent. 36,195
(C) If, as a result of the computation pursuant to 36,197
division (B) of this section, the employer's account shows a 36,198
negative balance in excess of the applicable limitations, in that 36,199
computation, the excess above applicable limitations shall not be 36,200
transferred from the account as provided in division (A)(2) of 36,201
section 4141.24 of the Revised Code. 36,202
(D) The rate determined pursuant to this section and 36,204
section 4141.25 of the Revised Code shall become binding upon the 36,205
employer unless: 36,206
(1) The employer makes a voluntary contribution as 36,208
provided in division (B) of section 4141.24 of the Revised Code, 36,209
whereupon the administrator DIRECTOR shall issue the employer a 36,210
revised contribution rate notice if the contribution changes the 36,212
employer's rate; or
(2) Within thirty days after the mailing of notice of the 36,214
employer's rate or a revision of it to the employer's last known 36,216
address or, in the absence of mailing of such notice, within
thirty days after the delivery of such notice, the employer files 36,217
an application with the administrator DIRECTOR for 36,218
reconsideration of the administrator's DIRECTOR'S determination 36,220
of such rate setting forth reasons for such request. The 36,222
administrator DIRECTOR shall promptly examine the application for 36,223
reconsideration and shall notify the employer of the 36,224
administrator's DIRECTOR'S reconsidered decision, which shall 36,226
become final unless, within thirty days after the mailing of such
819
notice by certified mail, return receipt requested, the employer 36,227
files an application for review of such decision with the 36,228
unemployment compensation review commission. The commission 36,229
shall promptly examine the application for review of the 36,230
administrator's DIRECTOR'S decision and shall grant such employer 36,232
an opportunity for a fair hearing. The proceeding at the hearing 36,233
before the commission shall be recorded in the means and manner 36,234
prescribed by the commission. For the purposes of this division, 36,235
the review is considered timely filed when it has been received 36,236
as provided in division (I)(2) of section 4141.28 of the Revised 36,237
Code.
The employer and the administrator DIRECTOR shall be 36,239
promptly notified of the commission's decision, which shall 36,241
become final unless, within thirty days after the mailing of 36,242
notice of it to the employer's last known address by certified 36,243
mail, return receipt requested, or, in the absence of mailing, 36,244
within thirty days after delivery of such notice, an appeal is 36,245
taken by the employer or the administrator DIRECTOR to the court 36,246
of common pleas of Franklin county. Such appeal shall be taken 36,248
by the employer or the administrator DIRECTOR by filing a notice 36,249
of appeal with the clerk of such court and with the commission. 36,251
Such notice of appeal shall set forth the decision appealed and 36,252
the errors in it complained of. Proof of the filing of such 36,253
notice with the commission shall be filed with the clerk of such 36,254
court.
The commission, upon written demand filed by the appellant 36,256
and within thirty days after the filing of such demand, shall 36,257
file with the clerk a certified transcript of the record of the 36,258
proceedings before the commission pertaining to the determination 36,259
or order complained of, and the appeal shall be heard upon such 36,260
record certified to the commission. In such appeal, no 36,261
additional evidence shall be received by the court, but the court 36,262
may order additional evidence to be taken before the commission, 36,263
and the commission, after hearing such additional evidence, shall 36,264
820
certify such additional evidence to the court or it may modify 36,265
its determination and file such modified determination, together 36,266
with the transcript of the additional record, with the court. 36,267
After an appeal has been filed in the court, the commission, by 36,268
petition, may be made a party to such appeal. Such appeal shall 36,269
be given precedence over other civil cases. The court may affirm 36,270
the determination or order complained of in the appeal if it 36,271
finds, upon consideration of the entire record, that the 36,272
determination or order is supported by reliable, probative, and 36,273
substantial evidence and is in accordance with law. In the 36,274
absence of such a finding, it may reverse, vacate, or modify the 36,275
determination or order or make such other ruling as is supported 36,276
by reliable, probative, and substantial evidence and is in 36,277
accordance with law. The judgment of the court shall be final 36,278
and conclusive unless reversed, vacated, or modified on appeal. 36,279
An appeal may be taken from the decision of the court of common 36,280
pleas of Franklin county. 36,281
(E) The appeal provisions of division (D) of this section 36,283
apply to all other determinations and orders of the administrator 36,284
DIRECTOR affecting the liability of an employer to pay 36,286
contributions or the amount of such contributions, determinations 36,287
respecting application for refunds of contributions, 36,288
determinations respecting applications for classification of 36,289
employment as seasonal under section 4141.33 of the Revised Code, 36,290
and exceptions to charges of benefits to an employer's account as 36,291
provided in division (D) of section 4141.24 of the Revised Code. 36,292
(F) The validity of any general order or rule of the 36,294
administrator DIRECTOR adopted pursuant to this chapter or of any 36,296
final order or action of the unemployment compensation review 36,297
commission respecting any such general order or rule may be 36,298
determined by the court of common pleas of Franklin county, and 36,299
such general order, rule, or action may be sustained or set aside 36,300
by the court on an appeal to it which may be taken by any person 36,301
affected by the order, rule, or action in the manner provided by 36,302
821
law. Such appeal to the court of common pleas of Franklin county 36,303
shall be filed within thirty days after the date such general 36,304
order, rule, or action was publicly released by the administrator 36,305
DIRECTOR or the commission. Either party to such action may 36,306
appeal from the court of common pleas of Franklin county as in 36,307
ordinary civil cases. 36,308
(G) Notwithstanding any determination made in pursuance of 36,310
sections 4141.23 to 4141.26 of the Revised Code, no individual 36,311
who files a claim for benefits shall be denied the right to a 36,312
fair hearing as provided in section 4141.28 of the Revised Code, 36,313
or the right to have a claim determined on the merits of it. 36,314
(H)(1) Notwithstanding division (D) of this section, if 36,316
the administrator DIRECTOR finds that an omission or error in 36,317
bureau THE DIRECTOR'S records or employer reporting caused the 36,319
administrator DIRECTOR to issue an erroneous determination or 36,321
order affecting contribution rates, the liability of an employer 36,322
to pay contributions or the amount of such contributions, 36,323
determinations respecting applications for refunds of 36,324
contributions, determinations respecting applications for 36,325
classification of seasonal status under section 4141.33 of the 36,327
Revised Code, or exceptions to charges of benefits to an 36,328
employer's account as provided in division (D) of section 4141.24 36,329
of the Revised Code, the administrator DIRECTOR may issue a 36,330
corrected determination or order correcting the erroneous 36,331
determination or order, except as provided in division (H)(2) of 36,332
this section. 36,333
(2) The administrator DIRECTOR may not issue a corrected 36,335
determination or order correcting an erroneous determination or 36,336
order if both of the following apply: 36,337
(a) The erroneous determination or order was caused solely 36,339
by an omission or error of the bureau DIRECTOR; 36,340
(b) A correction of the erroneous determination or order 36,342
would adversely affect the employer or any of the employers that 36,343
were parties in interest to the erroneous determination or order. 36,344
822
A corrected determination or order issued under this 36,346
division takes precedence over and renders void the erroneous 36,347
determination or order and is appealable as provided in division 36,348
(D) of this section. 36,349
Sec. 4141.27. If the administrator DIRECTOR of the bureau 36,358
of employment JOB AND FAMILY services finds that any person, 36,360
firm, corporation, or association is, or has been, an employer 36,361
subject to sections 4141.01 to 4141.46, inclusive, of the Revised
Code THIS CHAPTER, which determination of liability has become 36,362
final pursuant to the provisions of section 4141.26 of the 36,364
Revised Code, and has failed to comply with such sections, such 36,365
administrator THE DIRECTOR shall determine the period during 36,366
which he THE PERSON, FIRM, CORPORATION or it ASSOCIATION was such 36,368
an employer, which finding and determination is for all purposes 36,370
of such sections prima-facie evidence thereof. The administrator 36,371
DIRECTOR shall forthwith give notice of said action to the 36,372
employer who shall immediately thereafter furnish the 36,373
administrator DIRECTOR with a payroll covering the period 36,375
included in said finding, and shall forthwith pay the amount of
contribution determined and fixed by the administrator DIRECTOR. 36,377
If said employer fails to furnish such payroll and pay the 36,378
contribution for such period within ten days after receiving such 36,379
notice, the administrator DIRECTOR shall then determine the 36,381
amount of contribution due from said employer for the period the 36,382
administrator DIRECTOR found him or it THE EMPLOYER to be subject 36,384
to sections 4141.01 to 4141.46, inclusive, of the Revised Code 36,385
THIS CHAPTER, including interest, and shall notify said employer 36,388
of the amount thereof and shall order it to be paid. If said
amount is not paid within ten days after receiving notice, the 36,389
administrator DIRECTOR shall certify his THAT finding relative to 36,391
such employer to the attorney general, who shall forthwith 36,393
institute a civil action against such employer in the name of the 36,394
state for the collection of such contribution and interest. In
such action it is sufficient for the plaintiff to set forth a 36,395
823
copy of such finding as certified by the administrator DIRECTOR 36,396
to the attorney general and to state that there is due to 36,398
plaintiff on account of such finding a specified sum which
plaintiff claims with interest. A certified copy of such finding 36,399
of the amount of contribution due shall be attached to the 36,400
petition and is prima-facie evidence of the truth of the facts 36,401
therein contained. The answer or demurrer to such petition shall 36,402
be filed within ten days, the reply or demurrer to the answer 36,403
within twenty days, and the demurrer to the reply within thirty 36,405
days after the return day of the summons or service by
publication. All motions and demurrers shall be submitted to the 36,406
court within ten days after they are filed. As soon as the 36,407
issues are made up in any such case, it shall be placed at the 36,408
head of the trial docket and shall be first in order of trial. 36,409
Unless said employer before the filing of the petition 36,411
executes a bond to the state, in double the amount so found and 36,412
ordered paid by the administrator DIRECTOR, with sureties to the 36,414
approval of the administrator DIRECTOR, with sureties to the 36,415
approval of the administrator, conditioned that he or it THE 36,417
EMPLOYER shall pay any judgment and costs rendered against him or 36,419
it THE EMPLOYER for said contribution, the court at the time of 36,421
the filing of the petition, without notice, may at the request of 36,422
the administrator DIRECTOR appoint a receiver for the property 36,423
and business of such employer in this state, with all the powers 36,424
of receivers in other cases, who shall take charge of all said 36,425
property and assets of the defendant and administer them under 36,426
the orders of the court.
If upon the final hearing of said cause it is determined 36,428
that the defendant previously has been held liable as an employer 36,429
to pay contributions pursuant to the provisions of section 36,430
4141.26 of the Revised Code, which determination has become final 36,431
in accordance with the provisions of such section and is subject 36,432
to the remaining sections 4141.01 to 4141.46, inclusive, of the 36,433
Revised Code THIS CHAPTER, the court shall render judgment 36,434
824
against said defendant for the amount of contribution provided to 36,435
be paid by such employer for such period, with interest and 36,436
costs, which judgment shall be given the same preference as is 36,437
allowed by law to judgments rendered for claims for taxes. 36,438
If any employer who has complied with such sections THIS 36,440
CHAPTER defaults in any payment required to be made by him or it 36,442
THE EMPLOYER for a period of ten days after notice that such 36,444
payment is due, the same proceedings may be had as in the case of
an employer against whom the administrator DIRECTOR has made a 36,445
finding as provided in this section. 36,447
If the defendant is a nonresident of this state or a 36,449
foreign corporation doing business in this state, service of 36,450
summons may be made upon any agent, representative, or foreman 36,451
FOREPERSON of said defendant, wherever found in the state, or 36,452
service may be made in any other manner authorized by statute. 36,453
The administrator DIRECTOR, for good cause shown, may waive 36,455
a default in the payment of contributions when said default is 36,457
less than sixty days' duration.
Sec. 4141.29. Each eligible individual shall receive 36,466
benefits as compensation for loss of remuneration due to 36,467
involuntary total or partial unemployment in the amounts and 36,468
subject to the conditions stipulated in this chapter. 36,469
(A) No individual is entitled to a waiting period or 36,471
benefits for any week unless the individual: 36,472
(1) Has filed a valid application for determination of 36,474
benefit rights in accordance with section 4141.28 of the Revised 36,475
Code; 36,476
(2) Has made a claim for benefits in accordance with 36,478
section 4141.28 of the Revised Code; 36,479
(3) Has registered at an employment office or other 36,481
registration place maintained or designated by the administrator 36,482
DIRECTOR of the bureau of employment JOB AND FAMILY services. 36,484
Registration shall be made in accordance with the time limits, 36,485
frequency, and manner prescribed by the administrator DIRECTOR. 36,486
825
(4)(a) Is able to work and available for suitable work and 36,488
is actively seeking suitable work either in a locality in which 36,489
the individual has earned wages subject to this chapter during 36,491
the individual's base period, or if the individual leaves that 36,492
locality, then in a locality where suitable work normally is 36,494
performed.
The administrator DIRECTOR may waive the requirement that a 36,496
claimant be actively seeking work when the administrator DIRECTOR 36,498
finds that an individual has been laid off and the employer who 36,501
laid the individual off has notified the administrator DIRECTOR 36,503
within ten days after the layoff, that work is expected to be 36,505
available for the individual within a specified number of days 36,506
not to exceed forty-five calendar days following the last day the 36,507
individual worked. In the event the individual is not recalled 36,508
within the specified period, this waiver shall cease to be 36,510
operative with respect to that layoff.
(b) The individual shall be instructed as to the efforts 36,512
that the individual must make in the search for suitable work, 36,514
except where the active search for work requirement has been 36,515
waived under division (A)(4)(a) of this section, and shall keep a 36,516
record of where and when the individual has sought work in 36,517
complying with those instructions and, upon request, shall 36,519
produce that record for examination by the administrator 36,521
DIRECTOR.
(c) An individual who is attending a training course 36,523
approved by the administrator DIRECTOR meets the requirement of 36,524
this division, if attendance was recommended by the administrator 36,526
DIRECTOR and the individual is regularly attending the course and 36,528
is making satisfactory progress. An individual also meets the 36,529
requirements of this division if the individual is participating 36,531
and advancing in a training program, as defined in division (P) 36,532
of section 5709.61 of the Revised Code, and if an enterprise, 36,533
defined in division (B) of section 5709.61 of the Revised Code, 36,534
is paying all or part of the cost of the individual's 36,535
826
participation in the training program with the intention of 36,536
hiring the individual for employment as a new employee, as 36,537
defined in division (L) of section 5709.61 of the Revised Code, 36,538
for at least ninety days after the individual's completion of the 36,539
training program. 36,540
(d) An individual who becomes unemployed while attending a 36,542
regularly established school and whose base period qualifying 36,543
weeks were earned in whole or in part while attending that 36,544
school, meets the availability and active search for work 36,545
requirements of division (A)(4)(a) of this section if the 36,546
individual regularly attends the school during weeks with respect 36,547
to which the individual claims unemployment benefits and makes 36,548
self available on any shift of hours for suitable employment with 36,551
the individual's most recent employer or any other employer in 36,552
the individual's base period, or for any other suitable 36,553
employment to which the individual is directed, under this 36,555
chapter.
(e) The administrator DIRECTOR shall adopt any rules that 36,558
the administrator DIRECTOR deems necessary for the administration 36,559
of division (A)(4) of this section. 36,560
(f) Notwithstanding any other provisions of this section, 36,562
no otherwise eligible individual shall be denied benefits for any 36,563
week because the individual is in training approved under section 36,565
236(a)(1) of the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. 36,566
2296, nor shall that individual be denied benefits by reason of 36,568
leaving work to enter such training, provided the work left is 36,569
not suitable employment, or because of the application to any 36,570
week in training of provisions in this chapter, or any applicable 36,571
federal unemployment compensation law, relating to availability 36,572
for work, active search for work, or refusal to accept work. 36,573
For the purposes of division (A)(4)(f) of this section, 36,575
"suitable employment" means with respect to an individual, work 36,576
of a substantially equal or higher skill level than the 36,577
individual's past adversely affected employment, as defined for 36,578
827
the purposes of the "Trade Act of 1974," 88 Stat. 1978, 19 36,579
U.S.C.A. 2101, and wages for such work at not less than eighty 36,580
per cent of the individual's average weekly wage as determined 36,581
for the purposes of that federal act. 36,582
(5) Is unable to obtain suitable work. 36,584
(6) Participates in reemployment services, such as job 36,586
search assistance services, if the individual has been determined 36,587
to be likely to exhaust benefits under this chapter, including 36,588
compensation payable pursuant to 5 U.S.C.A. Chapter 85, other 36,589
than extended compensation, and needs reemployment services 36,590
pursuant to the profiling system established by the administrator 36,591
DIRECTOR under division (K) of this section, unless the 36,593
administrator DIRECTOR determines that: 36,595
(a) The individual has completed such services; or 36,597
(b) There is justifiable cause for the claimant's failure 36,599
to participate in such services. 36,600
(B) An individual suffering total or partial unemployment 36,602
is eligible for benefits for unemployment occurring subsequent to 36,603
a waiting period of one week and no benefits shall be payable 36,604
during this required waiting period, but no more than one week of 36,605
waiting period shall be required of any such individual in any 36,606
benefit year in order to establish the individual's eligibility 36,608
for total or partial unemployment benefits. 36,609
(C) The waiting period for total or partial unemployment 36,611
shall commence on the first day of the first week with respect to 36,612
which the individual first files a claim for benefits at an 36,613
employment office or other place of registration maintained or 36,614
designated by the administrator DIRECTOR or on the first day of 36,615
the first week with respect to which the individual has otherwise 36,617
filed a claim for benefits in accordance with the rules of the 36,619
bureau DEPARTMENT of employment JOB AND FAMILY services, provided 36,620
such claim is allowed by the administrator DIRECTOR. 36,621
(D) Notwithstanding division (A) of this section, no 36,623
individual may serve a waiting period or be paid benefits under 36,624
828
the following conditions: 36,625
(1) For any week with respect to which the administrator 36,627
DIRECTOR finds that: 36,629
(a) The individual's unemployment was due to a labor 36,631
dispute other than a lockout at any factory, establishment, or 36,633
other premises located in this or any other state and owned or 36,634
operated by the employer by which the individual is or was last 36,635
employed; and for so long as the individual's unemployment is due 36,637
to such labor dispute. No individual shall be disqualified under 36,639
this provision if either of the following applies: 36,640
(i) The individual's employment was with such employer at 36,642
any factory, establishment, or premises located in this state, 36,644
owned or operated by such employer, other than the factory, 36,645
establishment, or premises at which the labor dispute exists, if 36,646
it is shown that the individual is not financing, participating 36,647
in, or directly interested in such labor dispute; 36,649
(ii) The individual's employment was with an employer not 36,651
involved in the labor dispute but whose place of business was 36,653
located within the same premises as the employer engaged in the 36,654
dispute, unless the individual's employer is a wholly owned 36,655
subsidiary of the employer engaged in the dispute, or unless the 36,657
individual actively participates in or voluntarily stops work 36,659
because of such dispute. If it is established that the claimant 36,660
was laid off for an indefinite period and not recalled to work 36,661
prior to the dispute, or was separated by the employer prior to 36,662
the dispute for reasons other than the labor dispute, or that the 36,663
individual obtained a bona fide job with another employer while 36,665
the dispute was still in progress, such labor dispute shall not 36,666
render the employee ineligible for benefits. 36,667
(b) The individual has been given a disciplinary layoff 36,669
for misconduct in connection with the individual's work. 36,671
(2) For the duration of the individual's unemployment if 36,673
the administrator DIRECTOR finds that: 36,675
(a) The individual quit work without just cause or has 36,678
829
been discharged for just cause in connection with the 36,679
individual's work, provided division (D)(2) of this section does 36,681
not apply to the separation of a person under any of the 36,682
following circumstances:
(i) Separation from employment for the purpose of entering 36,684
the armed forces of the United States if the individual makes 36,685
application to enter, or is inducted into the armed forces within 36,687
thirty days after such separation; 36,689
(ii) Separation from employment pursuant to a 36,691
labor-management contract or agreement, or pursuant to an 36,692
established employer plan, program, or policy, which permits the 36,693
employee, because of lack of work, to accept a separation from 36,694
employment;
(iii) The individual has left employment to accept a 36,697
recall from a prior employer or, except as provided in division 36,698
(D)(2)(a)(iv) of this section, to accept other employment as 36,700
provided under section 4141.291 of the Revised Code, or left or 36,701
was separated from employment that was concurrent employment at 36,702
the time of the most recent separation or within six weeks prior 36,703
to the most recent separation where the remuneration, hours, or 36,704
other conditions of such concurrent employment were substantially 36,705
less favorable than the individual's most recent employment and 36,706
where such employment, if offered as new work, would be 36,707
considered not suitable under the provisions of divisions (E) and 36,708
(F) of this section. Any benefits that would otherwise be 36,709
chargeable to the account of the employer from whom an individual 36,710
has left employment or was separated from employment that was 36,711
concurrent employment under conditions described in division 36,712
(D)(2)(a)(iii) of this section, shall instead be charged to the 36,714
mutualized account created by division (B) of section 4141.25 of 36,715
the Revised Code, except that any benefits chargeable to the 36,716
account of a reimbursing employer under division (D)(2)(a)(iii) 36,717
of this section shall be charged to the account of the 36,718
reimbursing employer and not to the mutualized account, except as 36,719
830
provided in division (D)(2) of section 4141.24 of the Revised 36,720
Code.
(iv) When an individual has been issued a definite layoff 36,723
date by the individual's employer and before the layoff date, the 36,725
individual quits to accept other employment, the provisions of
division (D)(2)(a)(iii) of this section apply and no 36,727
disqualification shall be imposed under division (D) of this 36,729
section. However, if the individual fails to meet the employment 36,730
and earnings requirements of division (A)(2) of section 4141.291 36,731
of the Revised Code, then the individual, pursuant to division 36,732
(A)(5) of this section, shall be ineligible for benefits for any 36,733
week of unemployment that occurs prior to the layoff date. 36,734
(b) The individual has refused without good cause to 36,736
accept an offer of suitable work when made by an employer either 36,738
in person or to the individual's last known address, or has 36,739
refused or failed to investigate a referral to suitable work when 36,741
directed to do so by a local employment office of this state or 36,742
another state, provided that this division shall not cause a 36,743
disqualification for a waiting week or benefits under the 36,744
following circumstances:
(i) When work is offered by the individual's employer and 36,746
the individual is not required to accept the offer pursuant to 36,748
the terms of the labor-management contract or agreement; or 36,749
(ii) When the individual is attending a vocational 36,751
training course pursuant to division (A)(4) of this section 36,752
except, in the event of a refusal to accept an offer of suitable 36,753
work or a refusal or failure to investigate a referral, benefits 36,754
thereafter paid to such individual shall not be charged to the 36,755
account of any employer and, except as provided in division 36,756
(B)(1)(b) of section 4141.241 of the Revised Code, shall be 36,757
charged to the mutualized account as provided in division (B) of 36,759
section 4141.25 of the Revised Code. 36,760
(c) Such individual quit work to marry or because of 36,762
marital, parental, filial, or other domestic obligations. 36,763
831
(d) The individual has knowingly made a false statement or 36,765
representation or knowingly failed to report any material fact 36,766
with the object of obtaining benefits to which the individual is 36,768
not entitled. 36,769
(e) The individual became unemployed by reason of 36,771
commitment to any correctional institution. 36,773
(f) The individual became unemployed because of dishonesty 36,775
in connection with the individual's most recent or any base 36,777
period work. Remuneration earned in such work shall be excluded 36,778
from the individual's total base period remuneration and 36,780
qualifying weeks that otherwise would be credited to the 36,782
individual for such work in the individual's base period shall 36,783
not be credited for the purpose of determining the total benefits 36,784
to which the individual is eligible and the weekly benefit amount 36,785
to be paid under section 4141.30 of the Revised Code. Such 36,786
excluded remuneration and noncredited qualifying weeks shall be 36,787
excluded from the calculation of the maximum amount to be 36,788
charged, under division (D) of section 4141.24 and section 36,789
4141.33 of the Revised Code, against the accounts of the 36,790
individual's base period employers. In addition, no benefits 36,791
shall thereafter be paid to the individual based upon such 36,792
excluded remuneration or noncredited qualifying weeks. 36,794
For purposes of division (D)(2)(f) of this section, 36,796
"dishonesty" means the commission of substantive theft, fraud, or 36,797
deceitful acts. 36,798
(E) No individual otherwise qualified to receive benefits 36,800
shall lose the right to benefits by reason of a refusal to accept 36,801
new work if: 36,802
(1) As a condition of being so employed the individual 36,804
would be required to join a company union, or to resign from or 36,806
refrain from joining any bona fide labor organization, or would 36,807
be denied the right to retain membership in and observe the 36,808
lawful rules of any such organization. 36,809
(2) The position offered is vacant due directly to a 36,811
832
strike, lockout, or other labor dispute. 36,812
(3) The work is at an unreasonable distance from the 36,814
individual's residence, having regard to the character of the 36,816
work the individual has been accustomed to do, and travel to the 36,818
place of work involves expenses substantially greater than that 36,819
required for the individual's former work, unless the expense is 36,821
provided for.
(4) The remuneration, hours, or other conditions of the 36,823
work offered are substantially less favorable to the individual 36,824
than those prevailing for similar work in the locality. 36,825
(F) Subject to the special exceptions contained in 36,827
division (A)(4)(f) of this section and section 4141.301 of the 36,828
Revised Code, in determining whether any work is suitable for a 36,829
claimant in the administration of this chapter, the administrator 36,830
DIRECTOR, in addition to the determination required under 36,831
division (E) of this section, shall consider the degree of risk 36,832
to the claimant's health, safety, and morals, the individual's 36,833
physical fitness for the work, the individual's prior training 36,835
and experience, the length of the individual's unemployment, the 36,837
distance of the available work from the individual's residence, 36,839
and the individual's prospects for obtaining local work. 36,840
(G) The "duration of unemployment" as used in this section 36,843
means the full period of unemployment next ensuing after a 36,844
separation from any base period or subsequent work and until an
individual has become reemployed in employment subject to this 36,845
chapter, or the unemployment compensation act of another state, 36,846
or of the United States, and until such individual has worked six 36,847
weeks and for those weeks has earned or been paid remuneration 36,849
equal to six times an average weekly wage of not less than: 36,850
eighty-five dollars and ten cents per week beginning on June 26, 36,851
1990; and beginning on and after January 1, 1992, twenty-seven 36,852
and one-half per cent of the statewide average weekly wage as 36,853
computed each first day of January under division (B)(3) of 36,854
section 4141.30 of the Revised Code, rounded down to the nearest 36,855
833
dollar, except for purposes of division (D)(2)(c) of this 36,856
section, such term means the full period of unemployment next 36,857
ensuing after a separation from such work and until such 36,858
individual has become reemployed subject to the terms set forth 36,859
above, and has earned wages equal to one-half of the individual's 36,861
average weekly wage or sixty dollars, whichever is less. 36,862
(H) If a claimant is disqualified under division 36,864
(D)(2)(a), (c), or (e) of this section or found to be qualified 36,865
under the exceptions provided in division (D)(2)(a)(i), (ii), 36,866
(iii), or (iv) of this section or division (A)(2) of section 36,867
4141.291 of the Revised Code, then benefits that may become 36,869
payable to such claimant, which are chargeable to the account of 36,870
the employer from whom the individual was separated under such 36,872
conditions, shall be charged to the mutualized account provided 36,873
in section 4141.25 of the Revised Code, provided that no charge 36,874
shall be made to the mutualized account for benefits chargeable 36,875
to a reimbursing employer, except as provided in division (D)(2) 36,876
of section 4141.24 of the Revised Code. In the case of a 36,878
reimbursing employer, the administrator DIRECTOR shall refund or 36,879
credit to the account of the reimbursing employer any over-paid 36,881
benefits that are recovered under division (B) of section 4141.35 36,882
of the Revised Code. 36,883
(I)(1) Benefits based on service in employment as provided 36,885
in divisions (B)(2)(a) and (b) of section 4141.01 of the Revised 36,886
Code shall be payable in the same amount, on the same terms, and 36,887
subject to the same conditions as benefits payable on the basis 36,888
of other service subject to this chapter; except that after 36,889
December 31, 1977: 36,890
(a) Benefits based on service in an instructional, 36,892
research, or principal administrative capacity in an institution 36,893
of higher education, as defined in division (Y) of section 36,894
4141.01 of the Revised Code; or for an educational institution as 36,895
defined in division (CC) of section 4141.01 of the Revised Code, 36,896
shall not be paid to any individual for any week of unemployment 36,897
834
that begins during the period between two successive academic 36,899
years or terms, or during a similar period between two regular 36,900
but not successive terms or during a period of paid sabbatical 36,901
leave provided for in the individual's contract, if the 36,902
individual performs such services in the first of those academic 36,904
years or terms and has a contract or a reasonable assurance that 36,905
the individual will perform services in any such capacity for any 36,906
such institution in the second of those academic years or terms. 36,908
(b) Benefits based on service for an educational 36,910
institution or an institution of higher education in other than 36,911
an instructional, research, or principal administrative capacity, 36,912
shall not be paid to any individual for any week of unemployment 36,913
which begins during the period between two successive academic 36,914
years or terms of the employing educational institution or 36,915
institution of higher education, provided the individual 36,916
performed those services for the educational institution or 36,917
institution of higher education during the first such academic 36,918
year or term and, there is a reasonable assurance that such 36,919
individual will perform those services for any educational 36,920
institution or institution of higher education in the second of 36,921
such academic years or terms. 36,922
If compensation is denied to any individual for any week 36,924
under division (I)(1)(b) of this section and the individual was 36,925
not offered an opportunity to perform those services for an 36,926
institution of higher education or for an educational institution 36,927
for the second of such academic years or terms, the individual is 36,928
entitled to a retroactive payment of compensation for each week 36,929
for which the individual timely filed a claim for compensation 36,930
and for which compensation was denied solely by reason of 36,931
division (I)(1)(b) of this section. An application for 36,932
retroactive benefits shall be timely filed if received by the 36,933
administrator DIRECTOR or the administrator's DIRECTOR'S deputy 36,935
within or prior to the end of the fourth full calendar week after 36,937
the end of the period for which benefits were denied because of 36,938
835
reasonable assurance of employment. The provision for the 36,939
payment of retroactive benefits under division (I)(1)(b) of this 36,940
section is applicable to weeks of unemployment beginning on and 36,941
after November 18, 1983. The provisions under division (I)(1)(b) 36,942
of this section shall be retroactive to September 5, 1982, only 36,943
if, as a condition for full tax credit against the tax imposed by 36,944
the "Federal Unemployment Tax Act," 53 Stat. 183 (1939), 26 36,945
U.S.C.A. 3301 to 3311, the United States secretary of labor 36,946
determines that retroactivity is required by federal law. 36,948
(c) With respect to weeks of unemployment beginning after 36,950
December 31, 1977, benefits shall be denied to any individual for 36,951
any week which commences during an established and customary 36,952
vacation period or holiday recess, if the individual performs any 36,953
services described in divisions (I)(1)(a) and (b) of this section 36,954
in the period immediately before the vacation period or holiday 36,955
recess, and there is a reasonable assurance that the individual 36,956
will perform any such services in the period immediately 36,957
following the vacation period or holiday recess. 36,958
(d) With respect to any services described in division 36,960
(I)(1)(a), (b), or (c) of this section, benefits payable on the 36,961
basis of services in any such capacity shall be denied as 36,962
specified in division (I)(1)(a), (b), or (c) of this section to 36,963
any individual who performs such services in an educational 36,964
institution or institution of higher education while in the 36,965
employ of an educational service agency. For this purpose, the 36,966
term "educational service agency" means a governmental agency or 36,967
governmental entity that is established and operated exclusively 36,969
for the purpose of providing services to one or more educational 36,970
institutions or one or more institutions of higher education. 36,971
(e) Any individual employed by a public school district or 36,973
a county board of mental retardation shall be notified by the 36,974
thirtieth day of April each year if the individual is not to be 36,976
reemployed the following academic year. 36,977
(2) No disqualification will be imposed, between academic 36,979
836
years or terms or during a vacation period or holiday recess 36,980
under this division, unless the administrator DIRECTOR or the 36,981
administrator's DIRECTOR'S deputy has received a statement in 36,983
writing from the educational institution or institution of higher 36,984
education that the claimant has a contract for, or a reasonable 36,985
assurance of, reemployment for the ensuing academic year or term. 36,986
(3) If an individual has employment with an educational 36,988
institution or an institution of higher education and employment 36,989
with a noneducational employer, during the base period of the 36,990
individual's benefit year, then the individual may become 36,991
eligible for benefits during the between-term, or vacation or 36,992
holiday recess, disqualification period, based on employment 36,993
performed for the noneducational employer, provided that the 36,994
employment is sufficient to qualify the individual for benefit 36,995
rights separately from the benefit rights based on school 36,996
employment. The weekly benefit amount and maximum benefits 36,997
payable during a disqualification period shall be computed based 36,998
solely on the nonschool employment. 36,999
(J) Benefits shall not be paid on the basis of employment 37,001
performed by an alien, unless the alien had been lawfully 37,002
admitted to the United States for permanent residence at the time 37,003
the services were performed, was lawfully present for purposes of 37,004
performing the services, or was otherwise permanently residing in 37,005
the United States under color of law at the time the services 37,006
were performed, under section 212(d)(5) of the "Immigration and 37,007
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101: 37,008
(1) Any data or information required of individuals 37,010
applying for benefits to determine whether benefits are not 37,011
payable to them because of their alien status shall be uniformly 37,012
required from all applicants for benefits. 37,013
(2) In the case of an individual whose application for 37,015
benefits would otherwise be approved, no determination that 37,016
benefits to the individual are not payable because of the 37,017
individual's alien status shall be made except upon a 37,019
837
preponderance of the evidence that the individual had not, in 37,020
fact, been lawfully admitted to the United States. 37,021
(K) The administrator DIRECTOR shall establish and utilize 37,023
a system of profiling all new claimants under this chapter that: 37,025
(1) Identifies which claimants will be likely to exhaust 37,027
regular compensation and will need job search assistance services 37,028
to make a successful transition to new employment; 37,029
(2) Refers claimants identified pursuant to division 37,031
(K)(1) of this section to reemployment services, such as job 37,032
search assistance services, available under any state or federal 37,033
law; 37,034
(3) Collects follow-up information relating to the 37,036
services received by such claimants and the employment outcomes 37,037
for such claimant's subsequent to receiving such services and 37,038
utilizes such information in making identifications pursuant to 37,039
division (K)(1) of this section; and 37,040
(4) Meets such other requirements as the United States 37,042
secretary of labor determines are appropriate. 37,043
Sec. 4141.30. (A) All benefits shall be paid through 37,052
public employment offices in accordance with such rules as the 37,053
administrator DIRECTOR of the bureau of employment JOB AND FAMILY 37,055
services prescribes.
(B) With the exceptions in division (B)(4) of this 37,057
section, benefits are payable to each eligible and qualified 37,058
individual on account of each week of involuntary total 37,059
unemployment after the specified waiting period at the weekly 37,060
benefit amount determined by: 37,061
(1) Computing the individual's average weekly wage as 37,063
defined in division (O)(2) of section 4141.01 of the Revised 37,064
Code; 37,065
(2) Determining the individual's dependency class under 37,067
division (E) of this section; 37,068
(3) Computing the individual's weekly benefit amount to be 37,070
fifty per cent of his THE INDIVIDUAL'S average weekly wage 37,071
838
except, that the individual's weekly benefit amount shall not 37,073
exceed the maximum amount shown for his THE INDIVIDUAL'S 37,074
dependency class in the following table: 37,075
Maximum Weekly 37,076
Dependency Class Benefit Amount 37,077
A $147 37,078
B 223 37,079
C 233 37,080
Effective Sunday of the calendar week in which January 1, 37,082
1988, occurs and on each similar day of each year thereafter, the 37,083
current maximum weekly benefit amount for each dependency class 37,084
shall be adjusted based on the statewide average weekly wage. 37,085
Any percentage increase in such statewide average weekly wage 37,086
between the wage computed for the current year and the wage 37,087
computed for the preceding year shall be used to increase the 37,088
maximum amounts then in effect by the same percentage. Such 37,089
increased amounts will be effective with respect to applications 37,090
for benefit rights filed during the fifty-two consecutive 37,091
calendar weeks beginning with such Sunday date. 37,092
The administrator DIRECTOR shall calculate the statewide 37,094
average weekly wage based on the average weekly earnings of all 37,095
workers in employment subject to this chapter during the 37,096
preceding twelve-month period ending the thirtieth day of June. 37,097
The calculation shall be made in the following manner: 37,098
(a) The sum of the total monthly employment reported for 37,100
the previous twelve-month period shall be divided by twelve to 37,101
determine the average monthly employment; 37,102
(b) The sum of the total wages reported for the previous 37,104
twelve-month period shall be divided by the average monthly 37,105
employment to determine the average annual wage; 37,106
(c) The average annual wage shall be divided by fifty-two 37,108
to determine the statewide average weekly wage. 37,109
In the computation of the weekly benefit amount, any 37,111
resulting amount not a multiple of one dollar shall be rounded to 37,112
839
the next lower multiple of one dollar. In the computation of the 37,113
adjusted maximum benefit amounts, based on the statewide average 37,114
weekly wage, any resulting amount not a multiple of one dollar 37,115
shall be rounded to the next lower multiple of one dollar. 37,116
(4) Effective Sunday of the calendar week in which January 37,118
1, occurs for calendar years 1988 through 1993, the maximum 37,119
weekly benefit amount payable for an individual's dependency 37,120
class for those years shall be computed in accordance with this 37,121
division, with an additional increase added to the prior year's 37,122
increase equal to one-sixth of total percentage increase that 37,123
otherwise would have been available in calendar years 1983, 1984, 37,124
1985, 1986, and 1987, if in those years an adjustment in the 37,125
maximum weekly benefit amount would have been made pursuant to 37,126
this division. 37,127
(5) Effective Sunday of the calendar week in which January 37,129
1, 1991, occurs, the maximum weekly benefit amounts computed 37,130
under divisions (B)(3) and (4) of this section shall not exceed 37,131
the following amounts: 37,132
(a) For dependency class A, fifty per cent of the 37,134
statewide average weekly wage; 37,135
(b) For dependency class B, sixty per cent of the 37,137
statewide average weekly wage; 37,138
(c) For dependency class C, sixty-six and two-thirds per 37,140
cent of the statewide average weekly wage. 37,141
Division (B)(5) of this section applies to all new claims 37,143
filed on and after the Sunday of the calendar week in which 37,144
January 1, 1991, occurs, provided that the maximum weekly benefit 37,145
amounts established for the dependency classes prior to such date 37,146
applies APPLY to all claims until the maximum weekly benefit 37,147
amounts as determined pursuant to division (B)(5) of this section 37,149
equal or exceed the maximum weekly benefit amounts in effect 37,150
prior to such date. 37,151
(C) Benefits are payable to each partially unemployed 37,153
individual otherwise eligible on account of each week of 37,154
840
involuntary partial unemployment after the specified waiting 37,155
period in an amount equal to his THE INDIVIDUAL'S weekly benefit 37,156
amount less that part of the remuneration payable to him THE 37,158
INDIVIDUAL with respect to such week which is in excess of twenty 37,160
per cent of his THE INDIVIDUAL'S weekly benefit amount, and the 37,162
resulting amount rounded to the next lower multiple of one 37,163
dollar.
(D) The total benefits to which an individual is entitled 37,165
in any benefit year, whether for partial or total unemployment, 37,166
or both, shall not exceed the lesser of the following two 37,167
amounts: (1) an amount equal to twenty-six times his THE 37,168
INDIVIDUAL'S weekly benefit amount determined in accordance with 37,170
division (B) of this section and this division, or (2) an amount 37,171
computed by taking the sum of twenty times his THE INDIVIDUAL'S 37,172
weekly benefit amount for the first twenty base period qualifying 37,174
weeks plus one times the weekly benefit amount for each 37,175
additional qualifying week beyond the first twenty qualifying 37,176
weeks in his THE INDIVIDUAL'S base period. 37,177
(E) Each eligible and qualified individual shall be 37,179
assigned a dependency class in accordance with the following 37,180
schedule: 37,181
Class Description of Dependents 37,182
A No dependents, or has 37,183
insufficient wages to 37,184
qualify for more than the 37,185
maximum weekly benefit
amount as provided under
dependency class A 37,186
B One or two dependents 37,187
C Three or more dependents 37,188
As used in this division "dependent" means: 37,190
(1) Any natural child, stepchild, or adopted child of the 37,192
individual claiming benefits for whom such individual at the 37,193
beginning of his THE INDIVIDUAL'S current benefit year is 37,194
841
supplying and for at least ninety consecutive days, or for the 37,196
duration of the parental relationship if it existed less than 37,197
ninety days, immediately preceding the beginning of such benefit 37,198
year, has supplied more than one-half of the cost of support and 37,199
if such child on the beginning date of such benefit year was 37,200
under eighteen years of age, or if unable to work because of 37,201
permanent physical or mental disability; 37,202
(2) The legally married wife or husband of the individual 37,204
claiming benefits for whom more than one-half the cost of support 37,205
has been supplied by such individual for at least ninety 37,206
consecutive days, or for the duration of the marital relationship 37,207
if it has existed for less than ninety days, immediately 37,208
preceding the beginning of such individual's current benefit year 37,209
and such wife or husband was living with such individual and had 37,210
an average weekly income, in such period, not in excess of 37,211
twenty-five per cent of the claimant's average weekly wage. 37,212
(3) If both the husband and wife qualify for benefit 37,214
rights with overlapping benefit years, only one of them may 37,215
qualify for a dependency class other than A. 37,216
Sec. 4141.301. (A) As used in this section, unless the 37,225
context clearly requires otherwise: 37,226
(1) "Extended benefit period" means a period which: 37,228
(a) Begins with the third week after a week for which 37,230
there is a state "on" indicator; and 37,231
(b) Ends with either of the following weeks, whichever 37,233
occurs later: 37,234
(i) The third week after the first week for which there is 37,236
a state "off" indicator; or 37,237
(ii) The thirteenth consecutive week of such period;. 37,239
Except, that no extended benefit period may begin by reason 37,241
of a state "on" indicator before the fourteenth week following 37,242
the end of a prior extended benefit period which was in effect 37,243
with respect to this state. 37,244
(2) There is a "state /on' 'ON' indicator" for this state 37,247
842
for a week if the administrator DIRECTOR OF JOB AND FAMILY 37,248
SERVICES determines, in accordance with the regulations of the 37,250
United States secretary of labor, that for the period consisting 37,251
of such week and the immediately preceding twelve weeks, the rate 37,252
of insured unemployment, not seasonally adjusted, under Chapter 37,253
4141. of the Revised Code:
(a) Equaled or exceeded one hundred and twenty per cent of 37,255
the average of such rates for the corresponding thirteen-week 37,256
period ending in each of the preceding two calendar years, and 37,257
for weeks beginning before September 25, 1982, equaled or 37,258
exceeded four per cent and for weeks beginning after September 37,259
25, 1982, equaled or exceeded five per cent; 37,260
(b) For weeks of unemployment beginning after December 31, 37,262
1977 and before September 25, 1982, such rate of insured 37,263
unemployment: 37,264
(i) Met the criteria set forth in division (A)(2)(a) of 37,266
this section; or 37,267
(ii) Equaled or exceeded five per cent. 37,269
(c) For weeks of unemployment beginning after September 37,271
25, 1982, such rate of insured unemployment: 37,272
(i) Met the criteria set forth in division (A)(2)(a) of 37,274
this section; or 37,275
(ii) Equaled or exceeded six per cent. 37,277
(3) A "state 'off' indicator" exists for the state for a 37,279
week if the administrator DIRECTOR determines, in accordance with 37,281
the regulations of the United States secretary of labor, that for 37,282
the period consisting of such week and the immediately preceding 37,283
twelve weeks, the rate of insured unemployment, not seasonally 37,284
adjusted, under Chapter 4141. of the Revised Code: 37,285
(a) Was less than one hundred and twenty per cent of the 37,287
average of such rates for the corresponding thirteen-week period 37,288
ending in each of the preceding two calendar years, or for weeks 37,289
beginning before September 25, 1982, was less than four per cent 37,290
and for weeks beginning after September 25, 1982, was less than 37,291
843
five per cent; 37,292
(b) For weeks of unemployment beginning after December 31, 37,294
1977 and before September 25, 1982, such rate of insured 37,295
unemployment: 37,296
(i) Was less than five per cent; and 37,298
(ii) Met the criteria set forth in division (A)(3)(a) of 37,300
this section. 37,301
(c) For weeks of unemployment beginning after September 37,303
25, 1982, such rate of insured unemployment;: 37,304
(i) Was less than six per cent; and 37,306
(ii) Met the criteria set forth in division (A)(3)(a) of 37,308
this section. 37,309
(4) "Rate of insured unemployment," for purposes of 37,311
divisions (A)(2) and (3) of this section, means the percentage 37,312
derived by dividing: 37,313
(a) The average weekly number of individuals filing claims 37,315
for regular compensation in this state for weeks of unemployment 37,316
with respect to the most recent thirteen-consecutive-week period, 37,317
as determined by the administrator DIRECTOR on the basis of the 37,318
administrator's DIRECTOR'S reports to the United States secretary 37,320
of labor, by
(b) The average monthly employment covered under Chapter 37,322
4141. of the Revised Code, for the first four of the most recent 37,323
six completed calendar quarters ending before the end of such 37,324
thirteen-week period. 37,325
(5) "Regular benefits" means benefits payable to an 37,327
individual, as defined in division (C) of section 4141.01 of the 37,328
Revised Code, or under any other state law, including dependents' 37,329
allowance and benefits payable to federal civilian employees and 37,330
to ex-servicepersons pursuant to the "Act of September 6, 1966," 37,332
80 Stat. 585, 5 U.S.C.A. 8501, other than extended benefits, and 37,333
additional benefits as defined in division (A)(10) of this 37,334
section. 37,335
(6) "Extended benefits" means benefits, including benefits 37,337
844
payable to federal civilian employees and to ex-servicepersons 37,339
pursuant to the "Act of September 6, 1966," 80 Stat. 585, 5 37,340
U.S.C.A. 8501, and additional benefits, payable to an individual 37,341
under the provisions of this section for weeks of unemployment in 37,342
the individual's eligibility period. 37,343
(7) "Eligibility period" of an individual means the period 37,345
consisting of the weeks in the individual's benefit year which 37,347
begin in an extended benefit period and, if the individual's 37,348
benefit year ends within the extended benefit period, any weeks 37,350
thereafter which begin in the period. 37,351
(8) "Exhaustee" means an individual who, with respect to 37,353
any week of unemployment in the individual's eligibility period: 37,355
(a) Has received prior to the week, all of the regular 37,357
benefits that were available to the individual under Chapter 37,358
4141. of the Revised Code, or any other state law, including 37,360
dependents' allowance and benefits payable to federal civilian 37,361
employees and ex-servicepersons under the "Act of September 6, 37,362
1966," 80 Stat. 585, 5 U.S.C.A. 8501, in the individual's current 37,364
benefit year that includes the week; 37,366
(b) Has received, prior to the week, all of the regular 37,368
benefits that were available to the individual under this chapter 37,370
or any other state law, including dependents' allowances and 37,371
regular benefits available to federal civilian employees and 37,372
ex-servicepersons under the "Act of September 6, 1966," 80 Stat. 37,374
585, 5 U.S.C.A. 8501, in the individual's current benefit year 37,375
that includes the week, after the cancellation of some or all of 37,377
the individual's wage credits or the total or partial reduction 37,379
of the individual's right to regular benefits, provided that, for 37,381
the purposes of divisions (A)(8)(a) and (8)(b) of this section, 37,382
an individual shall be deemed to have received in the 37,383
individual's current benefit year all of the regular benefits 37,384
that were either payable or available to the individual even 37,385
though: 37,386
(i) As a result of a pending appeal with respect to wages 37,388
845
or employment, or both, that were not included in the original 37,389
monetary determination with respect to the individual's current 37,391
benefit year, the individual may subsequently be determined to be 37,392
entitled to more regular benefits, or 37,394
(ii) By reason of section 4141.33 of the Revised Code, or 37,396
the seasonal employment provisions of another state law, the 37,397
individual is not entitled to regular benefits with respect to 37,399
the week of unemployment, although the individual may be entitled 37,400
to regular benefits with respect to future weeks of unemployment 37,402
in either the next season or off season in the individual's 37,403
current benefit year, and the individual is otherwise an 37,405
"exhaustee" within the meaning of this section with respect to 37,406
the right to regular benefits under state law seasonal employment 37,408
provisions during either the season or off season in which that 37,409
week of unemployment occurs, or
(iii) Having established a benefit year, no regular 37,411
benefits are payable to the individual during the year because 37,413
the individual's wage credits were cancelled or the individual's 37,414
right to regular benefits was totally reduced as the result of 37,416
the application of a disqualification; or 37,417
(c) The individual's benefit year having expired prior to 37,419
the week, has no, or insufficient, wages or weeks of employment 37,421
on the basis of which the individual could establish in any state 37,422
a new benefit year that would include the week, or having 37,424
established a new benefit year that includes the week, the 37,425
individual is precluded from receiving regular benefits by reason 37,427
of a state law which meets the requirements of section 3304 37,428
(a)(7) of the "Federal Unemployment Tax Act," 53 Stat. 183, 26 37,429
U.S.C.A. 3301 to 3311; and
(i) Has no right for the week to unemployment benefits or 37,431
allowances, as the case may be, under the Railroad Unemployment 37,432
Insurance Act, the Trade Act of 1974, and other federal laws as 37,433
are specified in regulations issued by the United States 37,434
secretary of labor; and 37,435
846
(ii) Has not received and is not seeking for the week 37,437
unemployment benefits under the unemployment compensation law of 37,438
the Virgin Islands, prior to the day after that on which the 37,439
secretary of labor approves the unemployment compensation law of 37,440
the Virgin Islands, or of Canada; or if the individual is seeking 37,442
benefits and the appropriate agency finally determines that the 37,443
individual is not entitled to benefits under the law for the 37,445
week.
(9) "State law" means the unemployment insurance law of 37,447
any state, approved by the United States secretary of labor under 37,448
section 3304 of the Internal Revenue Code of 1954. 37,449
(10) "Additional benefits" means benefits totally financed 37,451
by a state and payable to exhaustees by reason of high 37,452
unemployment or by reason of other special factors under the 37,453
provisions of any state law. 37,454
(B) Except when the result would be inconsistent with the 37,456
other provisions of this section, as provided in the regulations 37,457
of the administrator DIRECTOR, the provisions of Chapter 4141. 37,458
of the Revised Code, which apply to claims for, or the payment 37,460
of, regular benefits, shall apply to claims for, and the payment 37,461
of, extended benefits. 37,462
(C) Any individual shall be eligible to receive extended 37,464
benefits with respect to any week of unemployment in the 37,465
individual's eligibility period only if the administrator 37,467
DIRECTOR finds that, with respect to such week: 37,469
(1) The individual is an "exhaustee" as defined in 37,471
division (A)(8) of this section; and 37,472
(2) The individual has satisfied the requirements of 37,474
Chapter 4141. of the Revised Code, for the receipt of regular 37,475
benefits that are applicable to individuals claiming extended 37,476
benefits, including not being subject to a disqualification for 37,477
the receipt of benefits. 37,478
(D) The weekly extended benefit amount payable to an 37,480
individual for a week of total unemployment in the individual's 37,482
847
eligibility period shall be the same as the weekly benefit amount 37,483
payable to the individual during the individual's applicable 37,485
benefit year.
(E) The total extended benefit amount payable to any 37,487
eligible individual with respect to the individual's applicable 37,489
benefit year shall be the lesser of the following amounts: 37,490
(1) Fifty per cent of the total amount of regular 37,492
benefits, including dependents' allowances which were payable to 37,493
the individual under Chapter 4141. of the Revised Code, in the 37,495
individual's applicable benefit year; 37,496
(2) Thirteen times the individual's weekly benefit amount, 37,498
including dependents' allowances, which was payable to the 37,500
individual under Chapter 4141. of the Revised Code, for a week of 37,502
total unemployment in the applicable benefit year; provided, that 37,503
in making the computation under divisions (E)(1) and (2) of this 37,504
section, any amount which is not a multiple of one dollar shall 37,505
be rounded to the next lower multiple of one dollar. 37,506
(F)(1) Except as provided in division (F)(2) of this 37,508
section, an individual eligible for extended benefits pursuant to 37,509
an interstate claim filed in any state under the interstate 37,510
benefit payment plan shall not be paid extended benefits for any 37,511
week in which an extended benefit period is not in effect in such 37,512
state. 37,513
(2) Division (F)(1) of this section does not apply with 37,515
respect to the first two weeks for which extended compensation is 37,516
payable to an individual, as determined without regard to this 37,517
division, pursuant to an interstate claim filed under the 37,518
interstate benefit payment plan from the total extended benefit 37,519
amount payable to that individual in the individual's applicable 37,521
benefit year.
(3) Notwithstanding any other provisions of this section, 37,523
if the benefit year of any individual ends within an extended 37,524
benefit period, the remaining balance of extended benefits that 37,525
the individual would, but for this section, be entitled to 37,526
848
receive in that extended benefit period, with respect to weeks of 37,527
unemployment beginning after the end of the benefit year, shall 37,528
be reduced, but not below zero, by the product of the number of 37,529
weeks for which the individual received any amounts as trade 37,530
readjustment allowances within that benefit year, multiplied by 37,531
the individual's weekly benefit amount for extended benefits. 37,532
(G)(1) Whenever an extended benefit period is to become 37,534
effective in this state, as a result of a state "on" indicator, 37,535
or an extended benefit period is to be terminated in this state 37,536
as a result of a state "off" indicator, the administrator 37,537
DIRECTOR shall make an appropriate public announcement. 37,539
(2) Computations required by division (A)(4) of this 37,541
section shall be made by the administrator DIRECTOR, in 37,542
accordance with the regulations prescribed by the United States 37,544
secretary of labor. 37,545
(H)(1)(a) The administrator DIRECTOR shall promptly 37,547
examine any application for extended benefits filed and, under 37,548
this section, shall determine whether such application is to be 37,549
allowed or disallowed and, if allowed, the weekly and total 37,550
extended benefits payable and the effective date of the 37,551
application. The claimant, the claimant's most recent employer, 37,552
and any other employer in the base period of the claim upon which 37,554
the extended benefits are based, and who was chargeable for 37,555
regular benefits based on such claim, shall be notified of such 37,556
determination.
(b) The determination issued to the most recent or other 37,558
base period employer shall include the total amount of extended 37,559
benefits which may be charged to the employer's account. Such 37,561
potential charge amount shall be an amount equal to one-fourth of 37,562
the regular benefits chargeable to the employer's account on the 37,563
regular claim upon which extended benefits are based except that, 37,565
effective January 1, 1979, the potential charge amount to the 37,566
state and its instrumentalities and its political subdivisions 37,567
and their instrumentalities shall be an amount equal to one-half 37,568
849
of the regular benefits chargeable to their accounts on such 37,569
claim. If regular benefits were chargeable to the mutualized 37,570
account, in lieu of an employer's account, then the extended 37,571
benefits which are based on such prior mutualized benefits shall 37,572
also be charged to the mutualized account. 37,573
(c) As extended benefits are paid to eligible individuals: 37,575
(i) One-half of such benefits will be charged to an 37,577
extended benefit account to which reimbursement payments of 37,578
one-half of extended benefits, received from the federal 37,579
government as described in division (J) of this section, will be 37,580
credited; and 37,581
(ii) One-half of the extended benefits shall be charged to 37,583
the accounts of base period employers and the mutualized account 37,584
in the same sequence as was provided for on the regular claim; or 37,585
(iii) The full amount of extended benefits shall be 37,587
charged to the accounts of the state and its instrumentalities, 37,588
and its political subdivisions and their instrumentalities. 37,589
Employers making payments in lieu of contributions shall be 37,590
charged in accordance with division (B)(1) of section 4141.241 of 37,591
the Revised Code. 37,592
(d) If the application for extended benefits is 37,594
disallowed, a determination shall be issued to the claimant, 37,595
which determination shall set forth the reasons for the 37,596
disallowance. Determinations issued under this division, whether 37,597
allowed or disallowed, shall be subject to reconsideration and 37,598
appeal in accordance with section 4141.28 of the Revised Code. 37,599
(2) Any additional or continued claims, as described in 37,601
division (F) of section 4141.01 of the Revised Code, filed by an 37,602
individual at the beginning of, or during, the individual's 37,603
extended benefit period shall be determined under division (D) of 37,605
section 4141.28 of the Revised Code, and such determination shall 37,606
be subject to reconsideration and appeal in accordance with 37,607
section 4141.28 of the Revised Code. 37,608
(I) Notwithstanding division (B) of this section, payment 37,610
850
of extended benefits under this section shall not be made to any 37,611
individual for any week of unemployment in the individual's 37,612
eligibility period during which the individual fails to accept 37,614
any offer of suitable work, as defined in division (I)(2) of this 37,616
section, or fails to apply for any suitable work to which the 37,617
individual was referred by the administrator DIRECTOR, or fails 37,619
to actively engage in seeking work, as prescribed in division 37,620
(I)(4) of this section.
(1) If any individual is ineligible for extended benefits 37,622
for any week by reason of a failure described in this division, 37,623
the individual shall be ineligible to receive extended benefits 37,624
beginning with the week in which the failure occurred and 37,625
continuing until the individual has been employed during each of 37,626
four subsequent weeks and the total remuneration earned by the 37,627
individual for this employment is equal to or more than four 37,628
times the individual's weekly extended benefit amount, and has 37,629
met all other eligibility requirements of this section, in order 37,630
to establish entitlement to extended benefits. 37,631
(2) For purposes of this section, the term "suitable work" 37,633
means, with respect to an individual, any work which is within 37,634
the individual's capabilities, provided that with respect to the 37,635
position all of the following requirements are met: 37,636
(a) It offers the individual gross average weekly 37,638
remuneration of more than the sum of: 37,639
(i) The individual's extended weekly benefit amount; and 37,641
(ii) The amount of supplemental unemployment compensation 37,643
benefits, as defined in section 501(c)(17)(D) of the "Internal 37,644
Revenue Code of 1954," 80 Stat. 1515, 26 U.S.C.A. 501, payable to 37,645
the individual for the week of unemployment. 37,646
(b) It pays equal to or more than the higher of: 37,648
(i) The minimum wage provided by section 6(a)(1) of the 37,650
"Fair Labor Standards Act of 1938," 91 Stat. 1245, 29 U.S.C.A. 37,651
206, without regard to any exemption; or 37,652
(ii) Any applicable state or local minimum wage. 37,654
851
(c) It is offered to the individual in writing or is 37,656
listed with the employment office maintained or designated by the 37,657
bureau of employment services DIRECTOR. 37,658
(3) Extended benefits shall not be denied under this 37,660
division to any individual for any week by reason of a failure to 37,661
accept an offer of, or apply for suitable work if either of the 37,662
following conditions apply: 37,663
(a) The failure would not result in a denial of benefits 37,665
to a regular benefit claimant under section 4141.29 of the 37,666
Revised Code to the extent that section 4141.29 of the Revised 37,667
Code is not inconsistent with division (I)(2) of this section; 37,668
(b) The individual furnishes evidence satisfactory to the 37,670
administrator DIRECTOR that the individual's prospects for 37,671
obtaining work in the individual's customary occupation within a 37,673
reasonably short period are good. If the evidence is deemed 37,675
satisfactory, the determination as to whether any work is 37,676
suitable work with respect to this individual and whether the 37,677
individual is ineligible or disqualified shall be based upon the 37,678
meaning of "suitable work" and other provisions in section 37,679
4141.29 of the Revised Code.
(4) For purposes of this section, an individual shall be 37,681
treated as actively engaged in seeking work during any week if: 37,682
(a) The individual has engaged in a systematic and 37,684
sustained effort to obtain work during that week; and 37,685
(b) The individual provides tangible evidence to the 37,687
administrator DIRECTOR that the individual has engaged in the 37,688
effort during that week. 37,690
(5) The administrator DIRECTOR shall refer applicants for 37,692
extended benefits to job openings that meet the requirements of 37,694
divisions (E) and (F) of section 4141.29 of the Revised Code, and 37,695
in the case of applicants whose prospects are determined not to 37,696
be good under division (I)(3)(b) of this section to any suitable 37,697
work which meets the criteria in divisions (I)(2) and (3)(a) of 37,698
this section. 37,699
852
(6) Individuals denied extended or regular benefits under 37,701
division (D)(1)(b) of section 4141.29 of the Revised Code because 37,702
of being given a disciplinary layoff for misconduct must, after 37,703
the date of disqualification, work the length of time and earn 37,704
the amount of remuneration specified in division (I)(1) of this 37,705
section, and meet all other eligibility requirements of this 37,706
section, in order to establish entitlement to extended benefits. 37,707
(J) All payments of extended benefits made pursuant to 37,709
this section shall be paid out of the unemployment compensation 37,710
fund, provided by section 4141.09 of the Revised Code, and all 37,711
payments of the federal share of extended benefits that are 37,712
received as reimbursements under section 204 of the 37,713
"Federal-State Extended Unemployment Compensation Act of 1970," 37,714
84 Stat. 696, 26 U.S.C.A. 3306, shall be deposited in such 37,715
unemployment compensation fund and shall be credited to the 37,716
extended benefit account established by division (G) of this 37,717
section. Any refund of extended benefits, because of prior 37,718
overpayment of such benefits, may be made from the unemployment 37,719
compensation fund. 37,720
(K) In the administration of the provisions of this 37,722
section which are enacted to conform with the requirements of the 37,723
"Federal-State Extended Unemployment Compensation Act of 1970," 37,724
84 Stat. 696, 26 U.S.C.A. 3306, the administrator DIRECTOR shall 37,725
take such action consistent with state law, as may be necessary: 37,727
(1) To ensure that the provisions are so interpreted and 37,729
applied as to meet the requirements of the federal act as 37,730
interpreted by the United States department of labor; and 37,731
(2) To secure to this state the full reimbursement of the 37,733
federal share of extended benefits paid under this section that 37,734
are reimbursable under the federal act. 37,735
Sec. 4141.31. (A) Benefits otherwise payable for any week 37,744
shall be reduced by the amount of remuneration a claimant 37,745
receives with respect to such week as follows: 37,746
(1) Remuneration in lieu of notice; 37,748
853
(2) Compensation for wage loss under division (B) of 37,750
section 4123.56 of the Revised Code or temporary partial 37,751
disability under the workers' compensation law of any state or 37,752
under a similar law of the United States; 37,753
(3) Except as provided in section 4141.312 of the Revised 37,755
Code, payments in the form of retirement, or pension allowances 37,756
under a plan wholly financed by an employer which payments are 37,757
paid either directly by the employer, or indirectly through a 37,758
trust, annuity, insurance fund, or under an insurance contract 37,759
whether payable upon retirement, termination, or separation from 37,760
employment, provided that if the claimant has twenty-six weeks or 37,761
more of employment with a subsequent employer or employers who 37,762
are not paying him THE CLAIMANT a pension or retirement 37,763
allowance, then such pension or retirement payments shall not 37,764
reduce the benefits payable for the week, and provided further 37,765
that no benefits shall thereafter be charged to the account of 37,766
the employer who is paying the pension, but instead such benefits 37,767
shall be charged to the mutualized account except as provided in 37,768
division (B)(1)(b) of section 4141.241 of the Revised Code if the 37,769
claimant's separation from the employer was disqualifying under 37,770
division (D)(2)(a) of section 4141.29 of the Revised Code.; 37,771
(4) Remuneration in the form of separation or termination 37,773
pay paid to an employee at the time of his THE EMPLOYEE'S 37,774
separation from employment; 37,775
(5) Vacation pay or allowance payable under the terms of a 37,777
labor-management contract or agreement, or other contract of 37,778
hire, which payments are allocated to designated weeks. 37,779
If payments under this division are paid with respect to a 37,781
month then the amount of remuneration deemed to be received with 37,782
respect to any week during such month shall be computed by 37,783
multiplying such monthly amount by twelve and dividing the 37,784
product by fifty-two. If there is no designation of the period 37,785
with respect to which payments to an individual are made under 37,786
this section then an amount equal to such individual's normal 37,787
854
weekly wage shall be attributed to and deemed paid with respect 37,788
to the first and each succeeding week following his THE 37,789
INDIVIDUAL'S separation or termination from the employment of the 37,791
employer making the payment until such amount so paid is 37,792
exhausted.
If benefits for any week, when reduced as provided in this 37,794
division, result in an amount not a multiple of one dollar, such 37,795
benefits shall be rounded to the next lower multiple of one 37,796
dollar. 37,797
Any payment allocated by the employer or the administrator 37,799
DIRECTOR of the bureau of employment JOB AND FAMILY services to 37,801
weeks under division (A)(1), (4), or (5) of this section shall be 37,803
deemed to be remuneration for the purposes of establishing a 37,804
qualifying week and a benefit year under divisions (O)(1) and (R) 37,805
of section 4141.01 of the Revised Code. 37,806
(B) Benefits payable for any week shall not be reduced by 37,808
the amount of remuneration a claimant receives with respect to 37,809
such week in the form of drill or reserve pay received by a 37,810
member of the Ohio national guard or the armed forces reserve for 37,811
attendance at a regularly scheduled drill or meeting. 37,812
(C) No benefits shall be paid for any week with respect to 37,814
which or a part of which an individual has received or is seeking 37,815
unemployment benefits under an unemployment compensation law of 37,816
any other state or of the United States, provided the 37,817
disqualifications shall not apply if the appropriate agency of 37,818
such other state or of the United States finally determines that 37,819
he AN INDIVIDUAL is not entitled to such unemployment benefits. 37,820
A law of the United States providing any payment of any type and 37,821
in any amounts for periods of unemployment due to lack of work 37,822
shall be considered an unemployment compensation law of the 37,823
United States.
(D) Notwithstanding any other provision in this chapter, 37,825
benefits otherwise payable shall not be reduced by payments that 37,826
were made to an individual on or after August 1, 1991, pursuant 37,827
855
to "The National Defense Authorization Act for Fiscal Years 1992 37,828
and 1993," Public Law 102-190, 105 Stat. 1394, 1396, 10 U.S.C.A. 37,829
1174a, 1175, in the form of voluntary separation incentive 37,830
payments and special separation pay. 37,831
Sec. 4141.321. (A) The administrator DIRECTOR of the 37,840
bureau of employment JOB AND FAMILY services shall inform an 37,842
individual who files an application for determination of benefit 37,844
rights on and after January 1, 1997, of all of the following at 37,845
the time the individual files the application: 37,846
(1) Unemployment compensation is subject to federal income 37,848
tax;
(2) Requirements exist pertaining to estimated tax 37,850
payments;
(3) An individual may elect to have federal income tax 37,852
deducted and withheld from the unemployment compensation benefits 37,853
payable to that individual in the amount specified in the 37,854
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et 37,855
seq.;
(4) An individual may change the withholding status the 37,857
individual has previously elected once during his THE 37,858
INDIVIDUAL'S benefit year. 37,859
(B) The administrator DIRECTOR shall deduct and withhold 37,862
from unemployment compensation benefits payable to an individual
after December 31, 1996, federal income tax in the amount 37,863
specified in the "Internal Revenue Code of 1986," 100 Stat. 2085, 37,864
26 U.S.C.A. 1 et seq., if the individual informs the 37,865
administrator DIRECTOR that the individual elects to have the 37,869
administrator DIRECTOR make the deduction.
(C) In making the deduction specified in division (B) of 37,871
this section, the administrator DIRECTOR shall comply with the 37,872
procedures specified by the United States department of labor and 37,875
the internal revenue service that pertain to the deducting and 37,876
withholding of income tax. The administrator DIRECTOR shall 37,877
adopt rules establishing priorities for the deduction and 37,878
856
withholding of amounts under division (B) of this section. 37,879
(D) Amounts deducted and withheld pursuant to division (B) 37,881
of this section shall remain in the unemployment compensation 37,882
fund until transferred to the internal revenue service as a 37,883
payment of income tax.
Sec. 4141.33. (A) "Seasonal employment" means employment 37,892
of individuals hired primarily to perform services in an industry 37,893
which because of climatic conditions or because of the seasonal 37,894
nature of such industry it is customary to operate only during 37,895
regularly recurring periods of forty weeks or less in any 37,896
consecutive fifty-two weeks. "Seasonal employer" means an 37,897
employer determined by the administrator DIRECTOR of the bureau 37,899
of employment JOB AND FAMILY services to be an employer whose 37,900
operations and business, with the exception of certain 37,901
administrative and maintenance operations, are substantially all 37,902
in a seasonal industry. Any employer who claims to have seasonal 37,903
employment in a seasonal industry may file with the administrator 37,904
DIRECTOR a written application for classification of such 37,906
employment as seasonal. Whenever in any industry it is customary 37,907
to operate because of climatic conditions or because of the 37,908
seasonal nature of such industry only during regularly recurring 37,909
periods of forty weeks or less duration, benefits shall be 37,910
payable only during the longest seasonal periods which the best 37,911
practice of such industry will reasonably permit. The 37,912
administrator DIRECTOR shall determine, after investigation, 37,914
hearing, and due notice, whether the industry is seasonal and, if 37,915
seasonal, establish seasonal periods for such seasonal employer. 37,916
Until such determination by the administrator DIRECTOR, no 37,917
industry or employment shall be deemed seasonal. 37,919
(B) When the administrator DIRECTOR has determined such 37,921
seasonal periods, he THE DIRECTOR shall also establish the 37,924
proportionate number of weeks of employment and earnings required 37,926
to qualify for seasonal benefit rights in place of the weeks of 37,927
employment and earnings requirement stipulated in division (R) of 37,928
857
section 4141.01 and section 4141.30 of the Revised Code, and the 37,929
proportionate number of weeks for which seasonal benefits may be 37,930
paid. An individual whose base period employment consists of 37,931
only seasonal employment for a single seasonal employer and who 37,932
meets the employment and earnings requirements determined by the 37,933
administrator DIRECTOR pursuant to this division will have his 37,935
benefit rights determined in accordance with this division. 37,936
Benefit charges for such seasonal employment shall be computed 37,937
and charged in accordance with division (D) of section 4141.24 of 37,938
the Revised Code. The administrator DIRECTOR may adopt rules for 37,939
implementation of this section. 37,940
(C) An individual whose base period employment consists of 37,942
either seasonal employment with two or more seasonal employers or 37,943
both seasonal employment and nonseasonal employment with 37,944
employers subject to this chapter, will have his benefit rights 37,945
determined in accordance with division (R) of section 4141.01 and 37,946
section 4141.30 of the Revised Code. Benefit charges for both 37,947
seasonal and nonseasonal employment shall be computed and charged 37,948
in accordance with division (D) of section 4141.24 of the Revised 37,949
Code. The total seasonal and nonseasonal benefits during a 37,951
benefit year cannot exceed twenty-six times the weekly benefit
amount. 37,952
(D) Benefits shall not be paid to any individual on the 37,954
basis of any services, substantially all of which consist of 37,955
participating in sports or athletic events or training or 37,956
preparing to so participate, for any week which commences during 37,957
the period between two successive sport seasons, or similar 37,958
periods, if the individual performed services in the first of the 37,959
seasons, or similar periods, and there is a reasonable assurance 37,960
that the individual will perform services in the later of the 37,961
seasons, or similar periods. 37,962
(1) The term "reasonable assurance" as used in this 37,964
division means a written, verbal, or implied agreement that the 37,966
individual will perform services in the same or similar capacity 37,967
858
during the ensuing sports season. 37,968
(2) The administrator DIRECTOR shall adopt rules 37,970
concerning the eligibility for benefits of individuals under this 37,971
division.
Sec. 4141.35. (A) If the administrator DIRECTOR of the 37,980
bureau of employment JOB AND FAMILY services finds that any 37,982
fraudulent misrepresentation has been made by an applicant for or 37,983
a recipient of benefits with the object of obtaining benefits to 37,984
which the applicant or recipient was not entitled, and in 37,986
addition to any other penalty or forfeiture under this chapter, 37,987
then the administrator DIRECTOR:
(1) Shall within four years after the end of the benefit 37,989
year in which the fraudulent misrepresentation was made reject or 37,990
cancel such person's entire weekly claim for benefits that was 37,991
fraudulently claimed, or the person's entire benefit rights if 37,993
the misrepresentation was in connection with the filing of the 37,994
claimant's application for determination of benefit rights; 37,995
(2) Shall by order declare that, for each application for 37,997
benefit rights and for each weekly claim canceled, such person 37,998
shall be ineligible for two otherwise valid weekly claims for 37,999
benefits, claimed within six years subsequent to the discovery of 38,000
such misrepresentation; 38,001
(3) By order shall require that the total amount of 38,004
benefits rejected or canceled under division (A)(1) of this 38,005
section be repaid to the bureau of employment services DIRECTOR 38,006
before such person may become eligible for further benefits, and 38,008
shall withhold such unpaid sums from future benefit payments 38,009
accruing and otherwise payable to such claimant. Effective with 38,010
orders issued on or after January 1, 1993, if such benefits are 38,011
not repaid within thirty days after the administrator's 38,012
DIRECTOR'S order becomes final, interest on the amount remaining 38,014
unpaid shall be charged to the person at a rate and calculated in 38,015
the same manner as provided under section 4141.23 of the Revised 38,016
Code. When a person ordered to repay benefits has repaid all 38,017
859
overpaid benefits according to a plan approved by the 38,018
administrator DIRECTOR, the administrator DIRECTOR may cancel the 38,019
amount of interest that accrued during the period of the 38,021
repayment plan. The administrator DIRECTOR may take action in 38,023
the courts of this state to collect benefits and interest as 38,024
provided in sections 4141.23 and 4141.27 of the Revised Code, in 38,025
regard to the collection of unpaid contributions, using the final 38,026
repayment order as the basis for such action. No administrative 38,027
or legal proceedings for the collection of such benefits or 38,028
interest due shall be initiated after the expiration of six years 38,029
from the date on which the administrator's DIRECTOR'S order 38,030
requiring repayment became final and the amount of any benefits 38,032
or interest not recovered at that time, and any liens thereon, 38,033
shall be canceled as uncollectible.
(4) May take action to collect benefits fraudulently 38,035
obtained under the unemployment compensation law of any other 38,036
state or the United States or Canada. Such action may be 38,037
initiated in the courts of this state in the same manner as 38,038
provided for unpaid contributions in section 4141.41 of the 38,039
Revised Code. 38,040
(5) May take action to collect benefits that have been 38,042
fraudulently obtained from the bureau DIRECTOR, interest pursuant 38,044
to division (A)(3) of this section, and court costs, through 38,045
attachment proceedings under Chapter 2715. of the Revised Code 38,046
and garnishment proceedings under Chapter 2716. of the Revised 38,047
Code. 38,048
(B) If the administrator DIRECTOR finds that an applicant 38,050
for benefits has been credited with a waiting period or paid 38,051
benefits to which the applicant was not entitled for reasons 38,052
other than fraudulent misrepresentation, the administrator 38,054
DIRECTOR shall:
(1)(a) Within six months after the determination under 38,057
which the claimant was credited with that waiting period or paid 38,058
benefits becomes final pursuant to section 4141.28 of the Revised 38,059
860
Code, or within three years after the end of the benefit year in 38,060
which such benefits were claimed, whichever is later, by order 38,061
cancel such waiting period and require that such benefits be 38,062
repaid to the bureau of employment services DIRECTOR or be 38,063
withheld from any benefits to which such applicant is or may 38,065
become entitled before any additional benefits are paid, provided 38,066
that the repayment or withholding shall not be required where the 38,067
overpayment is the result of the administrator's DIRECTOR'S 38,068
correcting or amending a prior decision due to a typographical or 38,070
clerical error in the administrator's DIRECTOR'S prior decision, 38,072
or an error in an employer's report under division (G)(2) of 38,073
section 4141.28 of the Revised Code.
(b) The limitation specified in division (B)(1)(a) of this 38,075
section shall not apply to cases involving the retroactive 38,076
payment of remuneration covering periods for which benefits were 38,077
previously paid to the claimant. However, in such cases, the 38,078
administrator's DIRECTOR'S order requiring repayment shall not be 38,080
issued unless the administrator DIRECTOR is notified of such 38,081
retroactive payment within six months from the date the 38,083
retroactive payment was made to the claimant. 38,084
(2) The administrator DIRECTOR may, by reciprocal 38,086
agreement with the United States secretary of labor or another 38,088
state, recover overpayment amounts from unemployment benefits 38,089
otherwise payable to an individual under Chapter 4141. of the 38,090
Revised Code. Any overpayments made to the individual that have 38,091
not previously been recovered under an unemployment benefit 38,092
program of the United States may be recovered in accordance with 38,093
section 303(g) of the "Social Security Act" and sections 38,094
3304(a)(4) and 3306(f) of the "Federal Unemployment Tax Act," 53 38,095
Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311. 38,096
(3) If the amounts required to be repaid under division 38,098
(B) of this section are not recovered within three years from the 38,099
date the administrator's DIRECTOR'S order requiring payment 38,100
became final, initiate no further action to collect such benefits 38,102
861
and the amount of any benefits not recovered at that time shall 38,103
be canceled as uncollectible. 38,104
(C) The reconsideration and appeal provisions of section 38,106
4141.28 of the Revised Code shall apply to all orders and 38,107
determinations issued under this section, except that an 38,108
individual's right of appeal under division (B)(2) of this 38,109
section shall be limited to this state's authority to recover 38,110
overpayment of benefits. 38,111
(D) If an individual makes a full repayment or a repayment 38,113
that is less than the full amount required by this section, the 38,114
administrator DIRECTOR shall apply the repayment to the 38,115
mutualized account under division (B) of section 4141.25 of the 38,117
Revised Code, except that the administrator DIRECTOR shall credit 38,119
the repayment to the accounts of the individual's base period 38,121
employers that previously have not been credited for the amount 38,122
of improperly paid benefits charged against their accounts based 38,123
on the proportion of benefits charged against the accounts as 38,124
determined pursuant to division (D) of section 4141.24 of the 38,125
Revised Code.
The administrator DIRECTOR shall deposit any repayment 38,127
collected under this section that the administrator DIRECTOR 38,128
determines to be payment of interest or court costs into the 38,131
unemployment compensation special administrative fund established 38,132
pursuant to section 4141.11 of the Revised Code. 38,133
Sec. 4141.38. No person or no member of a firm or no 38,142
president, secretary, general manager, or managing agent of a 38,143
corporation, subject to sections 4141.01 to 4141.46 of the 38,144
Revised Code THIS CHAPTER, shall fail to comply with such 38,145
sections relating to the making of reports or the payment of 38,146
contributions to the unemployment compensation fund. 38,147
Any fine collected for a violation of this section shall be 38,149
paid to the administrator DIRECTOR of the bureau of employment 38,150
JOB AND FAMILY services and placed in such fund. 38,151
Each day's failure on the part of such person, member of a 38,153
862
firm, or officer of a corporation to comply with such sections, 38,154
after notice to such person, firm, or corporation from the 38,155
administrator DIRECTOR, constitutes a separate offense. 38,156
Sec. 4141.39. (A) Any interested party may enjoin the 38,166
further operation of an employer who has failed to pay the 38,167
contributions or to make payments in lieu of contributions as
required under this chapter. The procedure to obtain an 38,168
injunction is governed by Chapter 2727. of the Revised Code and 38,169
the right to such relief is in addition to the rights described 38,170
in section 2727.02 of the Revised Code.
(B)(1) No construction contractor or subcontractor who, on 38,173
the date of entering into a construction contract has failed to 38,174
pay contributions or to make payments in lieu of contributions as
required under this chapter for a minimum of nine consecutive 38,175
months, may bring an action to enforce rights arising from that 38,176
construction contract.
(2) Nothing in this section shall require the surety of a 38,178
contractor or subcontractor described in division (B)(1) of this 38,179
section to make payment of any contributions or payments in lieu 38,180
of contributions as required under this chapter for that 38,181
contractor or subcontractor, or affect the surety's rights in the 38,182
event that the contractor or subcontractor is in default or is
declared by an obligee to be in default of its contractual 38,183
obligations.
(C) As used in this section: 38,185
(1) "Interested part PARTY" means either of the following: 38,187
(a) The attorney general; 38,189
(b) The administrator DIRECTOR of the bureau of employment 38,192
JOB AND FAMILY services.
(2) "Construction contract" means any oral or written 38,195
agreement involving any activity in connection with the erection, 38,196
alteration, repair, replacement, renovation, installation, or 38,197
demolition of any building, structure, highway, or bridge. 38,198
Sec. 4141.40. No employer, employee, or other person shall 38,207
863
violate sections 4141.01 to 4141.46, inclusive, of the Revised 38,208
Code THIS CHAPTER, or do any act prohibited by such sections 38,210
CHAPTER, or fail to perform any duty lawfully enjoined, within 38,211
the time prescribed by the administrator DIRECTOR of the bureau 38,212
of employment JOB AND FAMILY services, for which no penalty has 38,214
been specifically provided, or fail to obey any lawful order 38,215
given or made by the administrator DIRECTOR or any judgment or 38,216
decree made by any court in connection with such sections. Every 38,217
day during which any person or corporation, or any officer, 38,218
agent, or employee thereof, fails to comply with any order of the 38,219
administrator DIRECTOR or to perform any duty enjoined by 38,220
sections 4141.01 to 4141.46, inclusive, of the Revised Code THIS 38,221
CHAPTER, constitutes a separate violation of such order or of 38,223
such sections CHAPTER.
Sec. 4141.41. Any nonresident employer who exercises the 38,232
privilege of having one or more individuals perform personal 38,233
services for him THE NONRESIDENT EMPLOYER within this state and 38,235
any resident employer who exercises that privilege and thereafter
removes from this state shall be deemed thereby to appoint the 38,236
secretary of state as his THE EMPLOYER'S agent and attorney for 38,237
the acceptance of process in any civil action under this section. 38,239
The administrator DIRECTOR of the bureau of employment JOB AND 38,240
FAMILY services in instituting an action against any such 38,241
employer shall cause such process or notice to be filed with the 38,242
secretary of state and such service shall be sufficient service 38,243
upon such employer, and shall be of the same force and validity 38,244
as if served upon him THE EMPLOYER personally within this state; 38,245
provided the administrator DIRECTOR shall forthwith send notice 38,246
of the service of such process or notice, together with a copy 38,248
thereof, by registered mail, return receipt requested, to such 38,249
employer at his THE EMPLOYER'S last known address, and such 38,250
return receipt, the administrator's DIRECTOR'S affidavit of 38,251
compliance with this section, and the copy of the notice of 38,254
service shall be appended to the original of the process filed in 38,255
864
the court in which such civil action is pending. The court in
which such action is pending may grant continuances to afford 38,256
such employer a reasonable opportunity to defend his THE 38,257
EMPLOYER'S interests.
The courts of this state shall recognize and enforce 38,259
liabilities for unemployment contributions imposed by other 38,260
states which extend a like comity to this state. 38,261
The attorney general may commence action in any other 38,263
jurisdiction by and in the name of the administrator DIRECTOR to 38,264
collect unemployment contributions, forfeitures, and interest 38,266
legally due this state. The officials of other states which 38,267
extend a like comity to this state may sue for the collection of
such contributions in the courts of this state. A certificate by 38,268
the secretary of state under the great seal of the state that 38,269
such officers of the department as designated by the 38,270
administrator DIRECTOR have authority to collect the unemployment 38,272
contributions shall be conclusive evidence of such authority.
No person residing in this state shall willfully make a 38,274
false statement or representation or knowingly fail to disclose a 38,275
material fact to obtain or increase benefits or payments under 38,276
the unemployment insurance law of any other state. 38,277
The attorney general may commence action in this state as 38,279
agent for or on behalf of any other state to enforce judgments 38,280
and liabilities for unemployment insurance taxes or contributions 38,281
due such other state if such other state extends a like comity to 38,282
this state.
Sec. 4141.42. The administrator DIRECTOR of the bureau of 38,291
employment JOB AND FAMILY services may enter into reciprocal 38,293
agreements with departments charged with the administration of 38,294
the unemployment compensation law of any other state or the
United States or the Dominion of Canada for the purpose of 38,295
determining and placing the liability of an employer for the 38,297
payment of contributions for services rendered within this state 38,298
or such other jurisdiction, or both, and to provide that the 38,300
865
jurisdiction authorized to collect the contributions shall
determine the benefit rights which may arise in connection with 38,301
such services and assume the liability for the payment of the 38,302
benefits.
Sec. 4141.43. (A) The administrator DIRECTOR of the 38,311
bureau of employment JOB AND FAMILY services may cooperate with 38,313
the industrial commission, the bureau of workers' compensation, 38,315
the United States internal revenue service, the United States 38,316
employment service, the department of human services, and other 38,317
similar departments and agencies, as determined by the 38,318
administrator DIRECTOR, in the exchange or disclosure of 38,319
information as to wages, employment, payrolls, unemployment, and 38,320
other information. The administrator DIRECTOR may employ, 38,321
jointly with one or more of such agencies or departments, 38,323
auditors, examiners, inspectors, and other employees necessary 38,324
for the administration of this chapter and employment and 38,325
training services for workers in the state. 38,326
(B) The administrator DIRECTOR may make the state's record 38,328
relating to the administration of this chapter available to the 38,329
railroad retirement board and may furnish the board at the 38,330
board's expense such copies thereof as the board deems necessary 38,331
for its purposes. 38,332
(C) The administrator DIRECTOR may afford reasonable 38,334
cooperation with every agency of the United States charged with 38,335
the administration of any unemployment compensation law. 38,336
(D) The administrator DIRECTOR may enter into arrangements 38,338
with the appropriate agencies of other states or of the United 38,339
States or Canada whereby individuals performing services in this 38,340
and other states for a single employer under circumstances not 38,341
specifically provided for in division (B) of section 4141.01 of 38,342
the Revised Code or in similar provisions in the unemployment 38,343
compensation laws of such other states shall be deemed to be 38,344
engaged in employment performed entirely within this state or 38,345
within one of such other states or within Canada, and whereby 38,346
866
potential rights to benefits accumulated under the unemployment 38,347
compensation laws of several states or under such a law of the 38,348
United States, or both, or of Canada may constitute the basis for 38,349
the payment of benefits through a single appropriate agency under 38,350
terms that the administrator DIRECTOR finds will be fair and 38,351
reasonable as to all affected interests and will not result in 38,352
any substantial loss to the unemployment compensation fund. 38,353
(E) The administrator DIRECTOR may enter into agreements 38,355
with the appropriate agencies of other states or of the United 38,356
States or Canada: 38,357
(1) Whereby services or wages upon the basis of which an 38,359
individual may become entitled to benefits under the unemployment 38,360
compensation law of another state or of the United States or 38,361
Canada shall be deemed to be employment or wages for employment 38,362
by employers for the purposes of qualifying claimants for 38,363
benefits under this chapter, and the administrator DIRECTOR may 38,364
estimate the number of weeks of employment represented by the 38,365
wages reported to the administrator DIRECTOR for such claimants 38,366
by such other agency, provided such other state agency or agency 38,368
of the United States or Canada has agreed to reimburse the 38,369
unemployment compensation fund for such portion of benefits paid 38,370
under this chapter upon the basis of such services or wages as 38,371
the administrator DIRECTOR finds will be fair and reasonable as 38,372
to all affected interests;
(2) Whereby the administrator DIRECTOR will reimburse 38,374
other state or federal or Canadian agencies charged with the 38,375
administration of unemployment compensation laws with such 38,376
reasonable portion of benefits, paid under the law of such other 38,377
states or of the United States or of Canada upon the basis of 38,378
employment or wages for employment by employers, as the 38,379
administrator DIRECTOR finds will be fair and reasonable as to 38,380
all affected interests. Reimbursements so payable shall be 38,381
deemed to be benefits for the purpose of section 4141.09 and 38,382
division (A) of section 4141.30 of the Revised Code. However, no 38,383
867
reimbursement so payable shall be charged against any employer's 38,384
account for the purposes of section 4141.24 of the Revised Code 38,385
if the employer's account, under the same or similar 38,386
circumstances, with respect to benefits charged under the 38,387
provisions of this chapter, other than this section, would not be 38,388
charged or, if the claimant at the time the claimant files the 38,389
combined wage claim cannot establish benefit rights under this 38,391
chapter. This noncharging shall not be applicable to a nonprofit
organization that has elected to make payments in lieu of 38,393
contributions under section 4141.241 of the Revised Code, except 38,394
as provided in division (D)(2) of section 4141.24 of the Revised 38,396
Code. The administrator DIRECTOR may make to other state or 38,398
federal or Canadian agencies and receive from such other state or 38,399
federal or Canadian agencies reimbursements from or to the 38,400
unemployment compensation fund, in accordance with arrangements 38,401
pursuant to this section.
(3) Notwithstanding division (B)(2)(f) of section 4141.01 38,403
of the Revised Code, the administrator DIRECTOR may enter into 38,404
agreements with other states whereby services performed for a 38,405
crew leader, as defined in division (BB) of section 4141.01 of 38,406
the Revised Code, may be covered in the state in which the crew 38,407
leader either: 38,408
(a) Has the crew leader's place of business or from which 38,411
the crew leader's business is operated or controlled; 38,412
(b) Resides if the crew leader has no place of business in 38,415
any state. 38,416
(F) The administrator DIRECTOR may apply for an advance to 38,418
the unemployment compensation fund and do all things necessary or 38,419
required to obtain such advance and arrange for the repayment of 38,420
such advance in accordance with Title XII of the "Social Security 38,421
Act" as amended. 38,422
(G) The administrator DIRECTOR may enter into reciprocal 38,424
agreements or arrangements with the appropriate agencies of other 38,425
states in regard to services on vessels engaged in interstate or 38,426
868
foreign commerce whereby such services for a single employer, 38,427
wherever performed, shall be deemed performed within this state 38,428
or within such other states. 38,429
(H) The administrator DIRECTOR shall participate in any 38,431
arrangements for the payment of compensation on the basis of 38,432
combining an individual's wages and employment, covered under 38,433
this chapter, with the individual's wages and employment covered 38,434
under the unemployment compensation laws of other states which 38,436
are approved by the United States secretary of labor in 38,437
consultation with the state unemployment compensation agencies as 38,438
reasonably calculated to assure the prompt and full payment of 38,439
compensation in such situations and which include provisions for: 38,440
(1) Applying the base period of a single state law to a 38,442
claim involving the combining of an individual's wages and 38,443
employment covered under two or more state unemployment 38,444
compensation laws, and 38,445
(2) Avoiding the duplicate use of wages and employment by 38,447
reason of such combining. 38,448
(I) The administrator DIRECTOR shall cooperate with the 38,450
United States department of labor to the fullest extent 38,451
consistent with this chapter, and shall take such action, through 38,452
the adoption of appropriate rules, regulations, and 38,453
administrative methods and standards, as may be necessary to 38,454
secure to this state and its citizens all advantages available 38,455
under the provisions of the "Social Security Act" that relate to 38,456
unemployment compensation, the "Federal Unemployment Tax Act," 38,457
(1970) 84 Stat. 713, 26 U.S.C.A. 3301 to 3311, the "Wagner-Peyser 38,458
Act," (1933) 48 Stat. 113, 29 U.S.C.A. 49, and the "Federal-State 38,460
Extended Unemployment Compensation Act of 1970," 84 Stat. 596, 26 38,461
U.S.C.A. 3306.
Sec. 4141.431. (A) Notwithstanding section 4141.20 of the 38,470
Revised Code, the administrator DIRECTOR of the bureau of 38,471
employment JOB AND FAMILY services shall attempt to enter into an 38,472
agreement under section 3510(F) of the "Internal Revenue Code of 38,474
869
1986" with the secretary of the treasury to collect, as the agent 38,475
of this state, the taxes imposed by this chapter on remuneration 38,476
paid for domestic service in a private home of the employer.
(B) Upon the administrator DIRECTOR entering into an 38,478
agreement under division (A) of this section, returns with 38,480
respect to taxes imposed by this chapter on remuneration paid for 38,481
domestic service in a private home of the employer shall be made 38,482
on a calendar-year basis.
(C) The administrator DIRECTOR shall adopt rules to 38,484
further implement the coordination of this chapter and the 38,486
"Social Security Domestic Employment Reform Act of 1994," 108 38,487
Stat. 4071, 26 U.S.C.A. 3121. Such rules do not require approval
of the unemployment compensation board of review COMMISSION under 38,489
section 4141.14 of the Revised Code.
Sec. 4141.47. (A) There is hereby created the auxiliary 38,498
services personnel unemployment compensation fund, which shall 38,499
not be a part of the state treasury. The fund shall consist of 38,500
moneys paid into the fund pursuant to section 3317.06 of the 38,501
Revised Code. The treasurer of state shall administer it in 38,502
accordance with the directions of the administrator DIRECTOR of 38,503
the bureau of employment JOB AND FAMILY services. The 38,504
administrator DIRECTOR shall establish procedures under which 38,506
school districts that are charged and have paid for unemployment 38,507
benefits as reimbursing employers pursuant to this chapter for 38,508
personnel employed pursuant to section 3317.06 of the Revised 38,509
Code may apply for and receive reimbursement for those payments 38,510
under this section. School districts are not entitled to 38,511
reimbursement for any delinquency charges, except as otherwise 38,512
provided by law. In the case of school districts electing to pay 38,513
contributions under section 4141.242 of the Revised Code, the 38,514
administrator DIRECTOR shall establish procedures for 38,516
reimbursement of the district from the fund of contributions made 38,517
on wages earned by any auxiliary service personnel. 38,518
(B) In the event of the termination of the auxiliary 38,520
870
services program established pursuant to section 3317.06 of the 38,521
Revised Code, and after the administrator DIRECTOR has made 38,522
reimbursement to school districts for all possible unemployment 38,524
compensation claims of persons who were employed pursuant to 38,525
section 3317.06 of the Revised Code, the administrator DIRECTOR 38,526
shall certify that fact to the treasurer of state, who shall then 38,528
transfer all unexpended moneys in the auxiliary services 38,529
personnel unemployment compensation fund to the general revenue 38,530
fund. In the event the auxiliary services personnel unemployment 38,531
compensation fund contains insufficient moneys to pay all valid 38,532
claims by school districts for reimbursement pursuant to this 38,533
section, the administrator DIRECTOR shall estimate the total 38,534
additional amount necessary to meet the liabilities of the fund 38,536
and submit a request to the general assembly for an appropriation 38,537
of that amount of money from the general revenue fund to the 38,538
auxiliary services personnel unemployment compensation fund. 38,539
(C) All disbursements from the auxiliary services 38,541
personnel unemployment compensation fund shall be paid by the 38,542
treasurer of state on warrants drawn by the administrator 38,543
DIRECTOR. The warrants may bear the facsimile signature of the 38,545
administrator DIRECTOR printed thereon or that of a deputy or 38,547
other employee of the administrator DIRECTOR charged with the 38,548
duty of keeping the account of the fund. Moneys in the fund 38,550
shall be maintained in a separate account on the books of the 38,551
depositary bank. The money shall be secured by the depositary 38,552
bank to the same extent and in the same manner as required by 38,553
Chapter 135. of the Revised Code. All sums recovered for losses 38,554
sustained by the fund shall be deposited therein. The treasurer 38,555
of state is liable on his THE TREASURER OF STATE'S official bond 38,556
for the faithful performance of his THE TREASURER OF STATE'S 38,557
duties in connection with the fund. 38,559
(D) All necessary and proper expenses incurred in 38,561
administering this section shall be paid to the administrator 38,562
DIRECTOR from the auxiliary services personnel unemployment 38,564
871
compensation fund. For this purpose, there is hereby created in 38,565
the state treasury the auxiliary services program administrative 38,566
fund. The treasurer of state, pursuant to the warrant procedures 38,567
specified in division (C) of this section, shall advance moneys 38,568
as requested by the administrator DIRECTOR from the auxiliary 38,569
services personnel unemployment compensation fund to the 38,571
auxiliary services program administrative fund. The 38,572
administrator DIRECTOR periodically may request the advance of 38,574
such moneys as in his THE TREASURER OF STATE'S opinion are needed 38,576
to meet anticipated administrative expenses and may make 38,577
disbursements from the auxiliary services program administrative 38,578
fund to pay those expenses.
(E) Upon receipt of a certification from the department of 38,580
education regarding a refund to a board of education pursuant to 38,581
section 3317.06 of the Revised Code, the administrator DIRECTOR 38,582
shall issue a refund in the amount certified to the board from 38,584
the auxiliary services personnel unemployment compensation fund. 38,585
Sec. 4167.02. (A) The bureau DIRECTOR of employment 38,594
services COMMERCE shall operate and enforce the public employment 38,596
risk reduction program created by this chapter. 38,597
(B) There is hereby created in the bureau DEPARTMENT of 38,599
employment services COMMERCE the public employment risk reduction 38,601
advisory commission consisting of sixteen members appointed by 38,602
the administrator DIRECTOR of the bureau of employment services 38,604
COMMERCE. Eight members of the commission shall be 38,605
representatives of public employers, eight members shall be 38,606
representatives of public employees, all of whom shall have
expertise in the area of occupational safety and health issues. 38,607
In making appointments to the commission, the administrator 38,609
DIRECTOR shall select the members representing public employers 38,611
from a list of six names submitted by the Ohio municipal league, 38,612
six names submitted by the Ohio township association, six names 38,613
submitted by the county commissioners association of Ohio, three 38,614
names submitted by the inter-university council of Ohio, and 38,615
872
three names submitted by the Ohio school board association, 38,616
provided that from the lists submitted, the administrator 38,617
DIRECTOR shall appoint two members from the names submitted by 38,619
the Ohio municipal league, one of whom shall represent a larger 38,620
municipal corporation and one of whom shall represent a smaller 38,621
municipal corporation, two members from the names submitted by 38,622
the Ohio township association, one of whom shall represent a 38,623
larger township and one of whom shall represent a smaller 38,624
township, two members from the names submitted by the county 38,625
commissioners association of Ohio, one of whom shall represent a 38,626
larger county and one of whom shall represent a smaller county, 38,627
one member from the names submitted by the inter-university 38,628
council of Ohio, and one member from the names submitted by the 38,629
Ohio school board association. 38,630
A member appointed to represent public employers must 38,632
represent a jurisdiction that is subject to this chapter and a 38,633
member appointed to represent public employees must represent 38,634
public employees who are subject to this chapter. No more than 38,635
eight members, at any time, may be of the same political party. 38,636
(C) The administrator DIRECTOR shall make the initial 38,638
appointments to the commission within ninety days after the 38,640
effective date of this section APRIL 20, 1993. Of the initial 38,641
appointments, the administrator DIRECTOR shall appoint two public 38,644
employer and two public employee members to serve for a term 38,645
ending two years after the appointment date, two public employer 38,646
and two public employee members to serve for a term ending three 38,647
years after the appointment date, two public employer and two 38,648
public employee members to serve for a term ending four years 38,649
after the appointment date, and two public employer, and two 38,650
public employee members to serve a term ending five years after 38,651
the appointment date. Thereafter, terms of office are for five 38,652
years ending on the fifth anniversary of the appointment date. 38,653
Each member shall serve subsequent to the expiration of the 38,654
member's term until a THE MEMBER'S successor is appointed and 38,655
873
qualified or until a period of sixty days has elapsed, whichever 38,656
occurs first. Before entering upon the duties of office, each 38,658
member shall take and subscribe to and file with the secretary of 38,659
state the constitutional oath of office. The administrator 38,660
DIRECTOR shall fill all vacancies in the manner prescribed for 38,661
regular appointments to the commission but such appointments are 38,662
limited to the unexpired terms. Members are eligible for 38,663
reappointment to the commission. 38,664
The administrator DIRECTOR, after giving the member notice 38,666
and an opportunity for a hearing, may remove a member for 38,668
misfeasance, malfeasance, or nonfeasance. Three or more absences 38,669
by a member from commission meetings that are not excused by the 38,670
commission constitute nonfeasance. If the administrator DIRECTOR 38,671
removes a member, the administrator DIRECTOR promptly shall fill 38,673
the vacancy created in accordance with the requirements of this 38,675
section.
(D) Annually, upon the appointment and qualification of 38,677
the members appointed in that year, the commission shall organize 38,678
by selecting among its members a chairperson and such other 38,680
officers as the commission considers appropriate. Each member 38,681
shall receive actual and necessary expenses incurred in the 38,682
performance of the member's official duties as a commission 38,683
member. 38,684
(E) The commission shall meet at the call of the 38,686
chairperson or upon the written request of at least seven members 38,688
of the commission. A majority of the members of the commission 38,689
constitutes a quorum to conduct the business of the commission. 38,690
(F) The commission shall do all of the following: 38,692
(1) Adopt rules, in accordance with Chapter 119. of the 38,694
Revised Code, for the administration and enforcement of this 38,695
chapter, including rules covering standards the administrator 38,696
DIRECTOR shall follow in issuing an emergency temporary Ohio 38,698
employment risk reduction standard under section 4167.08 of the 38,699
Revised Code and a temporary variance and a variance from an Ohio 38,700
874
employment risk reduction standard or part thereof under section 38,701
4167.09 of the Revised Code; 38,702
(2) Do all things necessary and appropriate for the 38,704
administration and enforcement of this chapter. 38,705
(G) In carrying out the responsibilities of this chapter, 38,707
the administrator DIRECTOR may use, with the consent of any 38,710
federal, state, or local agency, the services, facilities, and 38,711
personnel of such agency, with or without reimbursement, and may 38,712
retain or contract with experts, consultants, and organizations 38,713
for services or personnel on such terms as the administrator 38,714
DIRECTOR determines appropriate.
Sec. 4167.06. (A) A public employee acting in good faith 38,723
has the right to refuse to work under conditions that the public 38,724
employee reasonably believes present an imminent danger of death 38,725
or serious harm to the public employee, provided that such 38,726
conditions are not such as normally exist for or reasonably might 38,727
be expected to occur in the occupation of the public employee. A 38,728
public employer shall not discriminate against a public employee 38,729
for a good faith refusal to perform assigned tasks if the public 38,730
employee has requested that the public employer correct the 38,731
hazardous conditions but the conditions remain uncorrected, there 38,732
was insufficient time to eliminate the danger by resorting to the 38,733
enforcement methods provided in this chapter, and the danger was 38,734
one that a reasonable person under the circumstances then 38,735
confronting the public employee would conclude is an imminent 38,736
danger of death or serious physical harm to the public employee. 38,737
A public employee who has refused in good faith to perform 38,738
assigned tasks and who has not been reassigned to other tasks by 38,739
the public employer shall, in addition to retaining a right to 38,740
continued employment, receive full compensation for the tasks 38,741
that would have been performed. If the public employer reassigns 38,742
the public employee, the public employer shall pay him his THE 38,743
PUBLIC EMPLOYEE'S full compensation as if he THE PUBLIC EMPLOYEE 38,745
were not reassigned.
875
(B) A public employee who exercises his THE right to 38,747
refuse to work under division (A) of this section shall notify by 38,748
a written statement that is signed by the public employee, as 38,749
soon as practicable after exercising that right, the 38,750
administrator DIRECTOR of the bureau of employment services 38,753
COMMERCE of the condition that presents an imminent danger of 38,754
death or serious harm to the public employee. Upon receipt of 38,755
the notification, the administrator DIRECTOR or his THE 38,756
DIRECTOR'S designee immediately shall inspect the premises of the 38,759
public employer. The administrator DIRECTOR and his THE 38,760
DIRECTOR'S designee shall comply with section 4167.10 of the 38,763
Revised Code in conducting the inspection and investigation and 38,764
in issuing orders and citations.
(C) A public employee who refuses to perform assigned 38,766
tasks under division (A) of this section and fails to meet all of 38,767
the conditions set forth in that division for the refusal is 38,768
subject to any disciplinary action provided by law or agreement 38,769
between the public employer and public employee for a refusal to 38,770
work, including, but not limited to, suspension, nonpayment of 38,771
wages for the duration of the refusal to work, and discharge. 38,772
Sec. 4167.08. (A) In the event of an emergency or unusual 38,781
situation, the administrator DIRECTOR of the bureau of employment 38,783
services COMMERCE shall issue an emergency temporary Ohio 38,784
employment risk reduction standard to take immediate effect upon 38,785
publication in newspapers of general circulation in Cleveland, 38,786
Columbus, Cincinnati, and Toledo if the administrator DIRECTOR 38,787
finds both of the following: 38,788
(1) Public employees are exposed to grave danger from 38,790
exposure to substances or agents determined to be toxic or 38,791
physically harmful or from new hazards; 38,792
(2) The emergency temporary Ohio employment risk reduction 38,794
standard is necessary to protect employees from the danger. 38,795
(B)(1) Except as provided in division (B)(2) of this 38,797
section an emergency temporary Ohio employment risk reduction 38,798
876
standard issued by the administrator DIRECTOR under division (A) 38,799
of this section shall be in effect no longer than fifteen days, 38,803
unless the commission approves the emergency temporary Ohio 38,804
employment risk reduction standard as issued by the administrator 38,805
DIRECTOR, in which case, the emergency temporary Ohio employment 38,807
risk reduction standard shall be in effect no longer than one 38,808
hundred twenty days after the date the administrator DIRECTOR 38,809
issues it.
(2) The administrator DIRECTOR may renew an emergency 38,811
temporary Ohio employment risk reduction standard that has been 38,813
approved by the public employment risk reduction advisory 38,814
commission for an additional time period not to exceed one 38,815
hundred days if he THE DIRECTOR finds that the conditions 38,817
identified in divisions (A)(1) and (2) of this section continue 38,818
to exist.
On or before the expiration date of the emergency temporary 38,820
Ohio employment risk reduction standard or renewal thereof, if 38,821
the conditions identified in divisions (A)(1) and (2) of this 38,822
section continue to exist, the commission shall adopt a permanent 38,823
Ohio employment risk reduction standard pursuant to section 38,824
4167.07 of the Revised Code as a rule to replace the emergency 38,825
temporary Ohio employment risk reduction standard. 38,826
Sec. 4167.09. (A) Any public employer affected by a 38,835
proposed rule or Ohio employment risk reduction standard or any 38,836
provision thereof proposed under section 4167.07 or 4167.08 of 38,837
the Revised Code may apply to the administrator DIRECTOR of the 38,839
bureau of employment services COMMERCE for an order granting a 38,840
temporary variance from the standard or provision thereof. The 38,841
application for the order and any extension thereof shall contain 38,842
a reasonable application fee, as determined by the public 38,843
employment risk reduction advisory commission, and all of the 38,844
following information: 38,845
(1) A specification of the Ohio public employment risk 38,847
reduction standard or portion thereof from which the public 38,848
877
employer seeks the temporary variance; 38,849
(2) A representation by the public employer, supported by 38,851
representations from qualified persons having firsthand knowledge 38,852
of the facts represented, that the public employer is unable to 38,853
comply with the Ohio employment risk reduction standard or 38,854
portion thereof and a detailed statement of the reasons therefor; 38,855
(3) A statement of the steps that the public employer has 38,857
taken and will take, with dates specified, to protect employees 38,858
against the hazard covered by the standard; 38,859
(4) A statement of when the public employer expects to be 38,861
able to comply fully with the Ohio employment risk reduction 38,862
standard and what steps he THE PUBLIC EMPLOYER has taken and will 38,864
take, with dates specified, to come into full compliance with the 38,865
standard;
(5) A certification that the public employer has informed 38,867
his THE PUBLIC EMPLOYER'S public employees of the application by 38,868
giving a copy of the application to the public employee 38,870
representative, if any, and by posting a statement giving a 38,871
summary of the application and specifying where a copy of the 38,872
application may be examined at the place or places where notices 38,873
to public employees are normally posted, and by any other 38,874
appropriate means of public employee notification. The public 38,875
employer must also inform his THE PUBLIC EMPLOYER'S public 38,876
employees of their rights to a hearing under section 4167.15 of 38,877
the Revised Code. The certification also shall contain a 38,878
description of how public employees have been informed of the 38,879
application and of their rights to a hearing. 38,880
(B) The administrator DIRECTOR shall issue an order 38,882
providing for a temporary variance if the public employer files 38,884
an application that meets the requirements of division (A) of 38,885
this section and establishes that all of the following pertaining 38,886
to the public employer are true: 38,887
(1) He THE PUBLIC EMPLOYER is unable to comply with the 38,889
Ohio employment risk reduction standard or a provision thereof by 38,891
878
its effective date because of the unavailability of professional 38,892
or technical personnel or of materials and equipment needed to 38,893
come into compliance with the Ohio employment risk reduction 38,894
standard or provision thereof or because necessary construction 38,895
or alteration of facilities cannot be completed by the effective 38,896
date of the standard. 38,897
(2) He THE PUBLIC EMPLOYER is taking all available steps 38,899
to safeguard his THE PUBLIC EMPLOYER'S public employees against 38,900
the hazards covered by the Ohio employment risk reduction 38,902
standard.
(3) He THE PUBLIC EMPLOYER has an effective program for 38,904
coming into compliance with the Ohio employment risk reduction 38,906
standard as quickly as practicable. 38,907
(4) The granting of the variance will not create an 38,909
imminent danger of death or serious physical harm to public 38,910
employees. 38,911
(C)(1) If the administrator DIRECTOR issues an order 38,913
providing for a temporary variance under division (B) of this 38,915
section, the administrator DIRECTOR shall prescribe the 38,916
practices, means, methods, operations, and processes that the 38,919
public employer must adopt and use while the order is in effect 38,920
and state in detail the public employer's program for coming into 38,921
compliance with the Ohio employment risk reduction standard. The 38,922
administrator DIRECTOR may issue the order only after providing 38,925
notice to affected public employees and their public employee 38,926
representative, if any, and an opportunity for a hearing pursuant 38,927
to section 4167.15 of the Revised Code, provided that the 38,928
administrator DIRECTOR may issue one interim order granting a 38,929
temporary order to be effective until a decision on a hearing is 38,932
made. Except as provided in division (C)(2) of this section, no 38,933
temporary variance may be in effect for longer than the period 38,934
needed by the public employer to achieve compliance with the Ohio 38,935
employment risk reduction standard or one year, whichever is 38,936
shorter. 38,937
879
(2) The administrator DIRECTOR may renew an order issued 38,939
under division (C) of this section up to two times provided that 38,941
the requirements of divisions (A), (B), and (C)(1) of this 38,942
section and section 4167.15 of the Revised Code are met and the 38,943
public employer files an application for renewal with the 38,944
administrator DIRECTOR at least ninety days prior to the 38,947
expiration date of the order.
(D) Any public employer affected by an Ohio employment 38,949
risk reduction standard or any provision thereof proposed, 38,950
adopted, or otherwise issued under section 4167.07 or 4167.09 of 38,951
the Revised Code may apply to the administrator DIRECTOR for an 38,952
order granting a variance from the standard or portion thereof. 38,953
The administrator DIRECTOR shall provide affected public 38,954
employees and their public employee representative, if any, 38,957
notice of the application and shall provide an opportunity for a 38,958
hearing pursuant to section 4167.15 of the Revised Code. The 38,959
administrator DIRECTOR shall issue the order granting the 38,961
variance if the public employer files an application that meets 38,962
the requirements of division (B) of this section, and after an 38,963
opportunity for a hearing pursuant to section 4167.15 of the
Revised Code, and if the public employer establishes to the 38,964
satisfaction of the administrator DIRECTOR that the conditions, 38,965
practices, means, methods, operations, or processes used or 38,966
proposed to be used by him THE PUBLIC EMPLOYER will provide 38,967
employment and places of employment to his THE PUBLIC EMPLOYER'S 38,968
public employees that are as safe and healthful as those that 38,969
would prevail if he THE PUBLIC EMPLOYER complied with the Ohio 38,970
employment risk reduction standard. The administrator DIRECTOR 38,972
shall prescribe in the order granting the variance the conditions 38,975
the public employer must maintain, and the practices, means, 38,976
methods, operations, and processes he THE PUBLIC EMPLOYER must 38,977
adopt and utilize in lieu of the Ohio employment risk reduction 38,979
standard which would otherwise apply. The administrator DIRECTOR 38,980
may modify or revoke the order upon application of the public 38,982
880
employer, public employee, or public employee representative, or 38,983
upon his THE DIRECTOR'S own motion in the manner prescribed for 38,985
the issuance of an order under this division at any time during 38,986
six months after the date of issuance of the order.
Sec. 4167.10. (A) In order to carry out the purposes of 38,995
this chapter, the administrator DIRECTOR of the bureau of 38,996
employment services COMMERCE or the administrator's DIRECTOR'S 38,998
designee shall, as provided in this section, inspect and 39,000
investigate any plant, facility, establishment, construction 39,001
site, or any other area, workplace, or environment where work is 39,002
being performed by a public employee of a public employer, and 39,003
any place of employment and all pertinent conditions, structures, 39,004
machines, apparatus, devices, equipment, and materials therein, 39,005
and question privately any public employer, administrator, 39,006
department head, operator, agent, or public employee. The 39,007
authority to inspect and investigate includes the taking of 39,008
environmental samples, the taking and obtaining of photographs 39,009
related to the purposes of the inspection or investigation, the 39,010
examination of records required to be kept under section 4167.11 39,011
of the Revised Code and other documents and records relevant to 39,012
the inspection and investigation, the issuance of subpoenas, and 39,013
the conducting of tests and other studies reasonably calculated 39,014
to serve the purposes of implementing and enforcing this chapter. 39,015
Except as provided in this section, the administrator DIRECTOR or 39,016
the administrator's DIRECTOR'S designee shall conduct inspections 39,018
and investigations only pursuant to a request to do so by a 39,019
public employee or public employee representative, or the
notification the administrator DIRECTOR receives pursuant to 39,021
division (B) of section 4167.06 of the Revised Code and only if 39,022
the administrator DIRECTOR or the administrator's DIRECTOR'S 39,023
designee complies with this section. The administrator DIRECTOR 39,024
or the administrator's DIRECTOR'S designee shall conduct all 39,025
requested or required inspections within a reasonable amount of 39,027
time following receipt of the request or notification. 39,028
881
(B)(1) Any public employee or public employee 39,030
representative who believes that a violation of an Ohio 39,031
employment risk reduction standard exists that threatens physical 39,032
harm, or that an imminent danger exists, may request an 39,033
inspection by giving written notice to the administrator DIRECTOR 39,035
or the administrator's DIRECTOR'S designee of the violation or 39,037
danger. The notice shall set forth with reasonable particularity 39,038
the grounds for the notice, and shall be signed by the public 39,039
employee or public employee representative. The names of
individual public employees making the notice or referred to 39,041
therein shall not appear in the copy provided to the public 39,042
employer pursuant to division (B)(2) of this section and shall be 39,043
kept confidential.
(2) If, upon receipt of a notification pursuant to 39,045
division (B)(1) of this section, the administrator DIRECTOR 39,046
determines that there are no reasonable grounds to believe that a 39,048
violation or danger exists, the administrator DIRECTOR shall 39,049
inform the public employee or public employee representative in 39,051
writing of the determination. If, upon receipt of a 39,052
notification, the administrator DIRECTOR determines that there 39,053
are reasonable grounds to believe that a violation or danger 39,054
exists, the administrator DIRECTOR shall, within one week, 39,055
excluding Saturdays, Sundays, and any legal holiday as defined in 39,057
section 1.14 of the Revised Code, after receipt of the 39,058
notification, notify the public employer, by certified mail,
return receipt requested, of the alleged violation or danger. 39,059
The notice provided to the public employer or the public 39,060
employer's agent shall contain a copy of the notice provided to 39,061
the administrator DIRECTOR by the public employee or the public 39,063
employee representative under division (B)(1) of this section and 39,064
shall inform the public employer of the alleged violation or 39,065
danger and that the administrator DIRECTOR or the administrator's 39,067
DIRECTOR'S designee will investigate and inspect the public 39,068
employer's workplace as provided in this section. The public 39,069
882
employer must respond to the administrator DIRECTOR, in a method 39,070
determined by the administrator DIRECTOR, concerning the alleged 39,072
violation or danger, within thirty days after receipt of the 39,074
notice. If the public employer does not correct the violation or 39,075
danger within the thirty-day period or if the public employer 39,076
fails to respond within that time period, the administrator 39,077
DIRECTOR or the administrator's DIRECTOR'S designee shall 39,078
investigate and inspect the public employer's workplace as 39,079
provided in this section. The administrator DIRECTOR or the 39,080
administrator's DIRECTOR'S designee shall not conduct any 39,081
inspection prior to the end of the thirty-day period unless 39,084
requested or permitted by the public employer. The administrator 39,085
DIRECTOR may, at any time upon the request of the public 39,086
employer, inspect and investigate any violation or danger alleged 39,087
to exist at the public employer's place of employment. 39,088
(3) The authority of the administrator DIRECTOR or the 39,090
administrator's DIRECTOR'S designee to investigate and inspect a 39,092
premises pursuant to a public employee or public employee 39,093
representative notification is not limited to the alleged 39,094
violation or danger contained in the notification. The 39,095
administrator DIRECTOR or the administrator's DIRECTOR'S designee 39,096
may investigate and inspect any other area of the premises where 39,099
there is reason to believe that a violation or danger exists. In 39,101
addition, if the administrator DIRECTOR or the administrator's 39,103
DIRECTOR'S designee detects any obvious or apparent violation at 39,105
any temporary place of employment while en route to the premises 39,106
to be inspected or investigated, and that violation presents a 39,107
substantial probability that the condition or practice could 39,108
result in death or serious physical harm, the administrator 39,109
DIRECTOR or the administrator's DIRECTOR'S designee may use any 39,111
of the enforcement mechanisms provided in this section to correct 39,114
or remove the condition or practice.
(4) If, during an inspection or investigation, the 39,116
administrator DIRECTOR or the administrator's DIRECTOR'S designee 39,118
883
finds any condition or practice in any place of employment that 39,122
presents a substantial probability that the condition or practice 39,123
could result in death or serious physical harm, after notifying 39,124
the employer of the administrator's DIRECTOR'S intent to issue an 39,125
order, the administrator DIRECTOR shall issue an order, or the 39,128
administrator's DIRECTOR'S designee shall issue an order after 39,129
consultation either by telephone or in person with the 39,130
administrator DIRECTOR and upon the recommendation of the 39,131
administrator DIRECTOR, which prohibits the employment of any 39,133
public employee or any continuing operation or process under such 39,134
condition or practice until necessary steps are taken to correct 39,135
or remove the condition or practice. The order shall not be 39,136
effective for more than fifteen days, unless a court of competent 39,137
jurisdiction otherwise orders as provided in section 4167.14 of 39,138
the Revised Code. 39,139
(C) In making any inspections or investigations under this 39,141
chapter, the administrator DIRECTOR or the administrator's 39,143
DIRECTOR'S designee may administer oaths and require, by 39,144
subpoena, the attendance and testimony of witnesses and the 39,146
production of evidence under oath. Witnesses shall receive the 39,147
same fees and mileage provided for witnesses in civil cases in 39,148
the court of common pleas. In the case of contumacy, failure, or 39,149
refusal of any person to comply with an order or any subpoena 39,150
lawfully issued, or upon the refusal of any witness to testify to 39,151
any matter regarding which the witness may lawfully be 39,152
interrogated, a judge of the court of common pleas of any county 39,153
in this state, on the application of the administrator DIRECTOR 39,154
or the administrator's DIRECTOR'S designee, shall issue an order 39,157
requiring the person to appear and to produce evidence if, as, 39,158
and when so ordered, and to give testimony relating to the matter 39,159
under investigation or in question. The court may punish any 39,160
failure to obey the order of the court as a contempt thereof. 39,161
(D) If, upon inspection or investigation, the 39,163
administrator DIRECTOR or the administrator's DIRECTOR'S designee 39,165
884
believes that a public employer has violated any requirement of 39,168
this chapter or any rule, Ohio employment risk reduction 39,169
standard, or order adopted or issued pursuant thereto, the 39,170
administrator DIRECTOR or the administrator's DIRECTOR'S designee 39,171
shall, with reasonable promptness, issue a citation to the public 39,173
employer. The citation shall be in writing and describe with 39,174
particularity the nature of the alleged violation, including a 39,175
reference to the provision of law, Ohio employment risk reduction 39,176
standard, rule, or order alleged to have been violated. In
addition, the citation shall fix a time for the abatement of the 39,178
violation, as provided in division (H) of this section. The
administrator DIRECTOR may prescribe procedures for the issuance 39,180
of a notice with respect to minor violations and for enforcement 39,181
of minor violations that have no direct or immediate relationship 39,182
to safety or health. 39,183
(E) Upon receipt of any citation under this section, the 39,185
public employer shall immediately post the citation, or a copy 39,186
thereof, at or near each place an alleged violation referred to 39,187
in the citation occurred. 39,188
(F) The administrator DIRECTOR may not issue a citation 39,190
under this section after the expiration of six months following 39,192
the final occurrence of any violation. 39,193
(G) If the administrator DIRECTOR issues a citation 39,195
pursuant to this section, the administrator DIRECTOR shall mail 39,197
the citation to the public employer by certified mail, return 39,199
receipt requested. The public employer has fourteen days after 39,201
receipt of the citation within which to notify the administrator 39,202
DIRECTOR that the employer wishes to contest the citation. If 39,203
the employer notifies the administrator DIRECTOR within the 39,204
fourteen days that the employer wishes to contest the citation, 39,206
or if within fourteen days after the issuance of a citation a 39,207
public employee or public employee representative files notice 39,208
that the time period fixed in the citation for the abatement of 39,209
the violation is unreasonable, the administrator DIRECTOR shall 39,210
885
hold an adjudication hearing in accordance with Chapter 119. of 39,211
the Revised Code.
(H) In establishing the time limits in which a public 39,213
employer must abate a violation under this section, the 39,214
administrator DIRECTOR shall consider the costs to the public 39,216
employer, the size and financial resources of the public 39,217
employer, the severity of the violation, the technological 39,218
feasibility of the public employer's ability to comply with 39,219
requirements of the citation, the possible present and future 39,220
detriment to the health and safety of any public employee for 39,221
failure of the public employer to comply with requirements of the 39,222
citation, and such other factors as the administrator DIRECTOR 39,223
determines appropriate. The administrator DIRECTOR may, after 39,224
considering the above factors, permit the public employer to 39,226
comply with the citation over a period of up to two years and may 39,228
extend that period an additional one year, as the administrator 39,229
DIRECTOR determines appropriate.
(I) Any public employer may request the administrator 39,231
DIRECTOR to conduct an employment risk reduction inspection of 39,234
the public employer's place of employment. The administrator 39,235
DIRECTOR or the administrators DIRECTOR'S designee shall conduct 39,236
the inspection within a reasonable amount of time following the 39,237
request. Neither the administrator DIRECTOR nor any other person 39,239
may use any information obtained from the inspection for a period
not to exceed three years in any proceeding for a violation of 39,240
this chapter or any rule or order issued thereunder nor in any 39,241
other action in any court in this state. 39,242
Sec. 4167.11. (A) In order to further the purposes of 39,251
this chapter, the administrator DIRECTOR of the bureau of 39,252
employment services COMMERCE shall develop and maintain, for 39,254
public employers and public employees, an effective program of 39,255
collection, compilation, and analysis of employment risk 39,256
reduction statistics. 39,257
(B) To implement and maintain division (A) of this 39,259
886
section, the public employment risk reduction advisory commission 39,260
shall adopt rules in accordance with Chapter 119. of the Revised 39,261
Code that extend to all of the following: 39,262
(1) Requiring each public employer to make, keep, and 39,264
preserve, and make available to the administrator DIRECTOR, 39,265
reports and records regarding the public employer's activities, 39,267
as determined by the rule that are necessary or appropriate for 39,268
the enforcement of this chapter or for developing information 39,269
regarding the causes and prevention of occupational accidents and 39,270
illnesses. The rule shall prescribe which of these reports and 39,271
records shall or may be furnished to public employees and public 39,272
employee representatives. 39,273
(2) Requiring every public employer, through posting of 39,275
notices or other appropriate means, to keep their public 39,276
employees informed of public employees' rights and obligations 39,277
under this chapter, including the provisions of applicable Ohio 39,278
employment risk reduction standards; 39,279
(3) Requiring public employers to maintain accurate 39,281
records of public employee exposure to potentially toxic 39,282
materials, carcinogenic materials, and harmful physical agents 39,283
that are required to be monitored or measured under rules adopted 39,284
under the guidelines of division (C) of section 4167.07 of the 39,285
Revised Code. The rule shall provide public employees or public 39,286
employee representatives an opportunity to observe the monitoring 39,287
or measuring, and to have access on request to the records 39,288
thereof, and may provide public employees or public employee 39,289
representatives an opportunity to participate in and to undertake 39,290
their own monitoring or measuring. The rules also shall permit 39,291
each current or former public employee to have access to the 39,292
records that indicate their own exposure to toxic materials, 39,293
carcinogenic materials, or harmful agents. 39,294
(C) The administrator DIRECTOR shall obtain any 39,296
information under division (B) of this section with a minimum 39,298
burden upon the public employer and shall, to the maximum extent 39,299
887
feasible, reduce unnecessary duplication of efforts in obtaining 39,300
the information.
Sec. 4167.12. All information reported to or otherwise 39,309
obtained by the administrator DIRECTOR of the bureau of 39,312
employment services COMMERCE or his THE DIRECTOR'S designee in 39,313
connection with any investigation, inspection, or proceeding 39,314
under this chapter that reveals a trade secret of any person is 39,316
confidential, except that the information may be disclosed to 39,317
other agents or authorized representatives of the administrator 39,318
DIRECTOR concerned with fulfilling the requirements of this 39,320
chapter, or when relevant, to any proceeding under this chapter. 39,321
In any proceeding, the administrator DIRECTOR or the court shall 39,322
issue orders as appropriate to protect the confidentiality of 39,325
trade secrets.
Sec. 4167.14. (A) Any court of common pleas has 39,334
jurisdiction, upon petition of the administrator DIRECTOR of the 39,336
bureau of employment services COMMERCE, to restrain any 39,337
conditions or practices in any places of employment that present 39,338
a danger that could reasonably be expected to cause death or 39,339
serious harm or contribute significantly to occupationally 39,340
related illness immediately or before the imminence of the danger 39,341
can be eliminated through the enforcement procedures provided in 39,342
this chapter. Any order issued under this section may require 39,343
that steps be taken as necessary to avoid, correct, or remove the 39,345
imminent danger and prohibit the employment or presence of any
individual in locations or under conditions where the imminent 39,346
danger exists, except individuals whose presence is necessary to 39,347
avoid, correct, or remove the imminent danger. 39,348
(B) Upon the filing of a petition under division (A) of 39,350
this section, the court of common pleas may grant injunctive 39,351
relief or a temporary restraining order pending the outcome of an 39,352
enforcement proceeding pursuant to this chapter, except that no 39,353
temporary restraining order issued without notice is effective 39,354
for a period longer than five calendar days. 39,355
888
(C) If the administrator DIRECTOR or his THE DIRECTOR'S 39,358
designee responsible for inspections determines that the imminent 39,360
danger as described in division (A) of this section is such that 39,361
immediate action is necessary, and further determines that there 39,362
is not sufficient time in light of the nature, severity, and 39,363
imminence of the danger to seek and obtain a temporary 39,364
restraining order or injunction, the administrator DIRECTOR or 39,365
his THE DIRECTOR'S designee immediately shall file a petition 39,368
with the court under division (A) of this section and issue an 39,369
order requiring action to be taken as is necessary to avoid, 39,370
correct, or remove the imminent danger.
The public employment risk reduction advisory commission 39,372
shall adopt rules, in accordance with Chapter 119. of the Revised 39,373
Code, to permit a public employer expeditious informal 39,374
reconsideration of any order issued by the administrator DIRECTOR 39,376
under this division. Unless the administrator DIRECTOR reverses 39,377
his AN order pursuant to the informal reconsideration, the order 39,380
remains in effect pending the court's determination under this 39,381
section. If the administrator DIRECTOR modifies his AN order 39,382
pursuant to the informal reconsideration, the administrator 39,385
DIRECTOR shall provide the court with whom the administrator 39,386
DIRECTOR filed the petition under this section with a copy of the 39,387
modified order. The modified order remains in effect pending the 39,388
court's determination under this section. 39,389
Sec. 4167.15. Any public employer, public employee, or 39,398
public employee representative affected by an order, rule, or 39,399
Ohio employment risk reduction standard proposed, adopted, or 39,400
otherwise issued pursuant to this chapter, may request, within 39,401
fourteen days after the proposal, adoption, or issuance of the 39,403
order, rule, or standard, a hearing from the administrator 39,404
DIRECTOR of the bureau of employment services COMMERCE. The 39,405
administrator DIRECTOR, within fourteen days after receipt of a 39,407
request for a hearing, shall appoint a hearing officer to make a 39,408
determination as to the request. The hearing officer, within 39,409
889
fourteen days after the hearing officer's appointment, shall hold 39,410
a hearing in accordance with Chapter 119. of the Revised Code 39,411
and, within fourteen days after the hearing, render a decision. 39,412
A public employer, public employee, or public employee 39,413
representative may appeal the decision of the hearing officer to 39,414
the administrator DIRECTOR, provided that the appeal is made 39,416
within thirty days after the hearing officer issues the decision. 39,417
The decision of the hearing officer is final unless appealed to 39,419
the administrator DIRECTOR within the time period set in this 39,420
section or unless the administrator DIRECTOR, on the 39,421
administrator's DIRECTOR'S own motion, modifies or reverses the 39,424
decision within that time period. If a party fails to appeal the 39,425
decision of the hearing officer, the decision of the hearing 39,426
officer is not, for purposes of section 4167.16 of the Revised 39,427
Code, a final order of the administrator DIRECTOR and is not 39,428
appealable to court as provided in section 4167.16 of the Revised 39,430
Code, except that if the party fails to appeal the decision of 39,431
the hearing officer, and the administrator DIRECTOR modifies or 39,432
reverses the decision under this section, the decision of the 39,434
administrator DIRECTOR is appealable to court pursuant to section 39,436
4167.16 of the Revised Code.
Sec. 4167.16. (A) Any party who is adversely affected by 39,445
a final order of the bureau DIRECTOR of employment services 39,447
COMMERCE issued pursuant to division (G) of section 4167.10 or 39,449
section 4167.15 of the Revised Code, and who has exhausted all 39,450
administrative appeals from such order may appeal the order, 39,451
within thirty days after the issuance of a final order, to the 39,453
court of common pleas of Franklin county or to the court of 39,454
common pleas of the county in which the alleged violation 39,455
occurred. If the court finds an undue hardship to the appellant 39,456
will result from the enforcement of the order pending 39,457
determination of the appeal, the court may grant a suspension of 39,458
the order and fix the terms thereof.
(B)(1) The court shall conduct a hearing on the appeal 39,460
890
filed under division (A) of this section and shall give 39,461
preference to all proceedings under this section over all other 39,462
civil cases, irrespective of the position of the proceedings on 39,463
the calendar of the court. The hearing shall proceed as in the 39,464
case of a civil action, and the court shall determine the rights 39,465
of the parties in accordance with the laws applicable to the 39,466
action. 39,467
(2) The court shall affirm the order of the administrator 39,469
DIRECTOR if it finds, upon consideration of the record as a 39,471
whole, and additional evidence as the court has admitted, that 39,472
the order is supported by reliable, probative, and substantial 39,473
evidence and is in accordance with law. In absence of that 39,474
finding, the court shall reverse, vacate, or modify the order or
make such other ruling as is supported by reliable, probative, 39,475
and substantial evidence and is in accordance with law. The 39,476
judgment of the court is final and conclusive, unless reversed, 39,477
vacated, or modified on appeal. Any party may appeal as provided 39,478
in Chapter 2505. of the Revised Code. 39,479
(C) No person who has failed to exhaust all of the 39,481
administrative appeals provided in this chapter may file an 39,482
appeal of a final order of the administrator DIRECTOR under 39,483
division (A) of this section.
Sec. 4167.17. (A) If a public employer, public employee, 39,492
or public employee representative willfully fails to comply with 39,493
any final order of the administrator DIRECTOR of the bureau of 39,495
employment services COMMERCE ISSUED PURSUANT TO THIS CHAPTER, the 39,496
administrator DIRECTOR may apply to the court of common pleas of 39,497
Franklin county or the court of common pleas of the county in 39,499
which the violation occurred, for an injunction, restraining 39,500
order, or any other appropriate relief compelling the public 39,501
employer, public employee, or public employee representative to 39,502
comply with such order. The court shall order such relief as it 39,503
considers appropriate and shall, in addition, impose a civil 39,504
penalty of not more than five hundred dollars per day per 39,505
891
violation and not to exceed a total of ten thousand dollars per 39,506
violation.
(B) The administrator DIRECTOR shall not seek to enforce 39,508
this chapter, or any Ohio employment risk reduction standard, 39,509
rule, or order adopted or issued pursuant thereto, in any manner 39,510
that derogates from the immunity offered to a public employer by 39,511
variances obtained under this chapter, or by variations, 39,512
tolerance, or exemption allowed a public employer for reasons of 39,513
national defense by the United States secretary of labor pursuant 39,514
to section 16 of the "Occupational Safety and Health Act of 39,515
1970," 84 Stat. 1590, 29 U.S.C.A. 651, as amended. 39,516
Sec. 4167.19. (A) A public employer, other than a state 39,525
agency, may apply to the administrator DIRECTOR of the bureau of 39,527
employment services COMMERCE for an order exempting the public 39,529
employer from compliance with this chapter, except as provided in 39,530
division (K) of this section, if the public employer satisfies 39,531
both of the following criteria: 39,532
(1) The public employer is a member of a group that 39,534
qualifies for a group rating plan pursuant to division (A)(4) of 39,535
section 4123.29 of the Revised Code or the public employer's 39,537
premium rate is at least fifty per cent less than the base rate 39,538
for its workers' compensation premiums;
(2) The public employer establishes and maintains a safety 39,540
committee with both public employees and representatives of the 39,541
public employer as members if the public employer does not 39,542
qualify for a group rating plan. A public employer that employs 39,543
five or fewer public employees need not have a safety committee. 39,544
(B) The application shall be on a form prescribed by the 39,546
administrator DIRECTOR and shall be transmitted to the 39,547
administrator DIRECTOR by certified mail, return receipt 39,548
requested. The application shall contain a certification of all 39,549
of the following: 39,550
(1) The public employer has adopted an ordinance or 39,552
resolution requesting an exemption from this chapter; 39,554
892
(2) At least ten working days prior to passage of an 39,556
ordinance or resolution described in division (B)(1) of this 39,557
section, the public employer has informed its public employees of 39,558
the application by giving a copy of the application to the public 39,560
employee representative, if any; 39,561
(3) The public employer has informed its public employees 39,563
by posting a statement for thirty consecutive days giving a 39,565
summary of the application and specifying where a copy of the 39,566
application may be examined at the place or places where notices 39,567
to public employees are normally posted, and by any other
appropriate means of public employee notification; 39,568
(4) The public employer has informed its public employees 39,570
of their rights to a hearing under section 4167.15 of the Revised 39,572
Code.
The certification also shall contain a description of how 39,574
public employees have been informed of the application and of 39,575
their rights to a hearing.
(C) Except as provided in this section, the administrator 39,577
DIRECTOR shall issue an order providing for an exemption if the 39,580
public employer meets the requirements of division (A) of this 39,581
section and files an application that meets the requirements of 39,582
division (B) of this section. 39,583
(D) The administrator DIRECTOR shall not grant an 39,585
exemption under division (C) of this section until after the 39,588
superintendent of the division of safety and hygiene in the 39,589
bureau of workers' compensation conducts an employment risk 39,590
reduction inspection of the public employer's place of employment 39,591
to determine the presence of any hazardous or unsafe conditions. 39,592
The administrator DIRECTOR shall not cite the public employer for 39,594
a violation of this chapter during this inspection. 39,595
(E) The superintendent shall provide a copy of the report 39,597
of the inspection conducted pursuant to division (D) of this 39,598
section and any findings to the public employer. Within six 39,599
months after receipt of the report, the public employer shall 39,600
893
submit the report to the administrator DIRECTOR, if the public 39,602
employer wishes to proceed with the exemption request. If the 39,603
report does not contain a description of any hazardous or unsafe 39,604
conditions, the administrator DIRECTOR shall grant the public 39,606
employer an exemption from this chapter, except as provided in 39,607
division (K) of this section. If the report contains a
description of any hazardous or unsafe conditions, the public 39,609
employer shall submit to the administrator DIRECTOR a plan that 39,610
describes how it intends to remedy, within a one-year period of 39,613
time, the hazardous or unsafe conditions.
Within thirty days after receipt of the plan from the 39,615
public employer, the administrator DIRECTOR may approve or 39,616
disapprove the plan as submitted. If the administrator DIRECTOR 39,619
approves the plan as submitted, the administrator DIRECTOR shall 39,621
grant the public employer an exemption from this chapter, except 39,624
as provided in division (K) of this section.
If the administrator DIRECTOR disapproves the plan, the 39,626
administrator DIRECTOR shall return it and the reasons for its 39,628
rejection to the public employer. The public employer may submit 39,629
a revised plan, which corrects the deficiencies for which the 39,630
original plan was rejected, within thirty days after receipt of 39,631
the disapproved plan from the administrator DIRECTOR. The 39,632
administrator DIRECTOR has thirty days after receipt of the 39,634
revised plan to review it, and if it remedies the administrator's 39,635
DIRECTOR'S objections, to approve it and grant the exemption. 39,636
The public employer shall be exempted from this chapter, except 39,638
as provided in division (K) of this section, if the administrator 39,639
DIRECTOR fails to act within the thirty-day period. 39,640
(F) Within ten working days after completing 39,642
implementation of the plan, the public employer shall certify to 39,643
the administrator DIRECTOR, by certified mail, return receipt 39,645
requested, that the hazardous or unsafe conditions have been
abated. 39,646
If a public employer fails to complete the plan within the 39,648
894
one-year period of time, the administrator DIRECTOR may do either 39,649
of the following: 39,650
(1) Terminate the exemption; 39,652
(2) Grant to the public employer a sixty-day extension to 39,654
the one-year period of time, provided that the administrator 39,655
DIRECTOR determines that the public employer is making 39,658
significant progress in completing implementation of the plan.
The administrator DIRECTOR shall terminate the exemption of 39,660
a public employer who does not complete implementation of the 39,663
plan within the sixty-day extension granted by the administrator 39,664
DIRECTOR under division (F)(2) of this section. 39,665
(G) The administrator DIRECTOR shall inspect a public 39,667
employer's place of employment immediately after either of the 39,670
following occur:
(1) A public employee of the public employer is killed due 39,673
to an incident that is related to the public employee's
employment; 39,674
(2) Three or more public employees of the public employer 39,676
are hospitalized due to an incident that is related to the public 39,678
employees' employment.
After reviewing the inspection report, the administrator 39,680
DIRECTOR may require the public employer to submit to the 39,682
administrator DIRECTOR, within a reasonable amount of time as 39,684
determined by the administrator DIRECTOR, a plan that describes 39,685
how the public employer intends to remedy any conditions 39,688
described in the report that the administrator DIRECTOR 39,689
determines need to be remedied. 39,690
Nothing in this division constitutes the granting of a new 39,692
exemption for purposes of determining the seven-year expiration 39,693
date pursuant to division (H) of this section. 39,695
(H) Except as provided in division (F), an exemption 39,697
granted pursuant to this section expires seven years after the 39,699
date of its issuance. A public employer may apply for a 39,700
subsequent exemption in the same manner provided in this section 39,701
895
for the grant of an original exemption.
(I) Each public employer granted an exemption under this 39,703
section shall request the superintendent of the division of 39,704
safety and hygiene in the bureau of workers' compensation to 39,705
conduct a safety inspection of the public employer's place of 39,706
employment two years after the date the public employer is 39,707
granted the exemption and every two years thereafter.
(J) Notwithstanding any other provision of this chapter, a 39,709
public employer who meets the requirements of division (A) of 39,710
this section and files an application that meets the requirements 39,711
of division (B) of this section is not subject to this chapter, 39,712
except section 4167.06 of the Revised Code and division (G) of 39,713
this section, after the date on which the public employer meets 39,714
the requirements of division (A) of this section and files an 39,715
application that meets the requirements of division (B) of this 39,716
section until the administrator DIRECTOR determines whether to 39,718
grant the exemption under this section.
(K) Nothing in this section limits, or shall be construed 39,721
as limiting, a public employee's rights as provided in section 39,722
4167.06 of the Revised Code. Nothing in this section limits, or 39,723
shall be construed as limiting, a public employer's right to 39,725
adopt reasonable safety rules and require a public employee's 39,726
compliance with those rules.
A public employer who is granted an exemption under this 39,728
section shall not be exempt from divisions (G), (H), and (I) of 39,729
this section. 39,730
Sec. 4303.292. (A) The division of liquor control may 39,739
refuse to issue, transfer the ownership of, or renew, and shall 39,740
refuse to transfer the location of any retail permit issued under 39,741
this chapter if it finds: 39,742
(1) That the applicant, any partner, member, officer, 39,744
director, or manager thereof, or any shareholder owning ten per 39,745
cent or more of its capital stock: 39,746
(a) Has been convicted at any time of a crime which 39,748
896
relates to fitness to operate a liquor establishment; 39,749
(b) Has operated liquor permit businesses in a manner that 39,752
demonstrates a disregard for the laws, regulations, or local
ordinances of this state or any other state; 39,753
(c) Has misrepresented a material fact in applying to the 39,755
division for a permit; 39,756
(d) Is in the habit of using alcoholic beverages or 39,758
dangerous drugs to excess, or is addicted to the use of 39,759
narcotics. 39,760
(2) That the place for which the permit is sought: 39,762
(a) Does not conform to the building, safety, or health 39,764
requirements of the governing body of the county or municipality 39,765
in which the place is located. As used in division (A)(2)(a) of 39,766
this section, "building, safety, or health requirements" does not 39,767
include local zoning ordinances. The validity of local zoning 39,768
regulations shall not be affected by this section. 39,769
(b) Is so constructed or arranged that law enforcement 39,771
officers and duly authorized agents of the division are prevented 39,773
from reasonable access to rooms within which beer or intoxicating 39,774
liquor is to be sold or consumed.
(c) Is so located with respect to the neighborhood that 39,776
substantial interference with public decency, sobriety, peace, or 39,777
good order would result from the issuance, renewal, transfer of 39,778
location, or transfer of ownership of the permit and operation 39,779
thereunder by the applicant. 39,780
(d) Has been declared a nuisance pursuant to Chapter 3767. 39,783
of the Revised Code since the time of the most recent issuance, 39,785
renewal, or transfer of ownership or location of the liquor 39,786
permit.
(B) The division of liquor control may refuse to issue or 39,789
transfer the ownership of, and shall refuse to transfer the
location of any retail permit issued under this chapter if it 39,790
finds: 39,791
(1) That the place for which the permit is sought is so 39,793
897
situated with respect to any school, church, library, public 39,794
playground, or hospital that the operation of the liquor 39,795
establishment will substantially and adversely affect or 39,796
interfere with the normal, orderly conduct of the affairs of 39,797
those facilities or institutions. 39,798
(2) That the number of permits already existent in the 39,800
neighborhood is such that the issuance or transfer of location of 39,801
a permit would be detrimental to and substantially interfere with 39,802
the morals, safety, or welfare of the public, and, in reaching a 39,803
conclusion in this respect, the division shall consider, in light 39,806
of the purposes of Chapters 4301., 4303., and 4399. of the
Revised Code, the character and population of the neighborhood, 39,807
the number and location of similar permits in the neighborhood, 39,808
the number and location of all other permits in the neighborhood, 39,809
and the effect the issuance or transfer of location of a permit 39,810
would have on the neighborhood. 39,811
(C) The division of liquor control shall not transfer the 39,815
location or transfer the ownership and location of a permit under 39,816
division (B)(3)(b) of section 4303.29 of the Revised Code unless 39,817
the permit is transferred to an economic development project. 39,818
(D) The division of liquor control shall refuse to issue, 39,821
renew, transfer the ownership of, or transfer the location of a
retail permit under this chapter if the applicant is or has been 39,822
convicted of a violation of division (C)(1) of section 2913.46 of 39,823
the Revised Code. 39,824
(E) The division of liquor control shall refuse to 39,826
transfer the ownership of or transfer the location of a retail 39,827
permit under this chapter while criminal proceedings are pending 39,828
against the holder of the permit for a violation of division 39,829
(C)(1) of section 2913.46 of the Revised Code. The department of 39,831
human JOB AND FAMILY services shall notify the division of liquor 39,832
control whenever criminal proceedings have commenced for a 39,833
violation of division (C)(1) of section 2913.46 of the Revised 39,834
Code.
898
(F) The division shall refuse to issue, renew, or transfer 39,837
the ownership or location of a retail permit under this chapter 39,838
if the applicant has been found to be maintaining a nuisance 39,839
under section 3767.05 of the Revised Code at the premises for 39,840
which the issuance, renewal, or transfer of ownership or location 39,842
of the retail permit is sought.
Sec. 4582.37. No port authority shall enter into any 39,851
contract for the creation, construction, alteration, or repair of 39,852
any port authority facility and no loan agreement for the 39,853
borrowing of funds for any such port authority facility 39,854
undertaken by a port authority shall be executed unless laborers 39,855
and mechanics employed on the facility are paid at the prevailing 39,856
rates of wages of laborers and mechanics for the class of work 39,857
called for by the facility, which wages shall be determined in 39,858
accordance with the requirements of Chapter 4115. of the Revised 39,859
Code for determination of prevailing wage rates, provided that 39,860
the requirements of this section do not apply where the federal 39,861
government or any of its agencies furnishes by loan or grant all 39,862
or any part of the funds used in connection with the facility and 39,863
prescribes predetermined minimum wages to be paid to such 39,864
laborers and mechanics; and provided further that should a 39,866
nonpublic user beneficiary of the facility undertake construction 39,867
to be performed by its regular bargaining unit employees who are 39,868
covered under a collective bargaining agreement which was in 39,869
existence prior to the commitment instrument undertaking a loan 39,870
or grant of funds then, in that event, the rate of pay provided 39,871
under the collective bargaining agreement may be paid to such 39,872
employees.
Except as provided in this section, construction on any 39,874
port authority facility to which this section applies is hereby 39,875
deemed to be construction of a public improvement within section 39,876
4115.03 of the Revised Code. All contractors and subcontractors 39,877
working on such projects, facilities, or port authority 39,878
facilities shall be subject to and comply with sections 4115.03 39,879
899
to 4115.16 of the Revised Code, and the bureau DIRECTOR of 39,880
employment services COMMERCE shall, and any interested party may, 39,882
bring proceedings under such sections to enforce compliance. The 39,883
bureau DIRECTOR shall make the determination of wages as required 39,884
under this section and shall designate one of its THE DIRECTOR'S 39,885
employees to act as the prevailing wage coordinator under section 39,886
4115.071 of the Revised Code for any project, facility, or port 39,888
authority facility for which a coordinator has not been 39,889
designated by any port authority.
Sec. 4731.71. The auditor of state may implement 39,898
procedures to detect violations of section 4731.66 or 4731.69 of 39,899
the Revised Code within governmental health care programs 39,900
administered by the state. The auditor of state shall report any 39,901
violation of either section to the state medical board and shall 39,902
certify to the attorney general in accordance with section 131.02
of the Revised Code the amount of any refund owed to a 39,903
state-administered governmental health care program under section 39,904
4731.69 of the Revised Code as a result of a violation. If a 39,905
refund is owed to the medical assistance program established 39,906
under Chapter 5111. of the Revised Code or the disability
assistance medical assistance program established under Chapter 39,907
5115. of the Revised Code, the auditor of state also shall report 39,909
the amount to the department of human services COMMERCE.
The state medical board also may implement procedures to 39,911
detect violations of section 4731.66 or 4731.69 of the Revised 39,912
Code.
Sec. 5101.03. The assistant directors of the department of 39,923
human JOB AND FAMILY services shall exercise the powers and 39,925
perform the duties which the director of human JOB AND FAMILY 39,926
services may order. The director is authorized to designate 39,928
which assistant director shall act as director in the absence or
disability of the director or in case of a vacancy in the 39,929
position of director. 39,930
Sec. 5101.071. (A) Not later than ninety days after the 39,939
900
effective date of this section, the director of human JOB AND 39,940
FAMILY services shall develop and provide a training program to 39,942
assist caseworkers in county departments of human JOB AND FAMILY 39,943
services and public children services agencies in understanding 39,944
the dynamics of domestic violence and the relationship domestic 39,945
violence has to child abuse. The program shall be coordinated 39,946
with other department OF JOB AND FAMILY SERVICES programs 39,947
regarding family violence.
(B) Not later than ninety days after the effective date of 39,949
this section, the director of human JOB AND FAMILY services shall 39,950
adopt rules in accordance with section 111.15 of the Revised Code 39,952
establishing policies for dealing with domestic violence and the 39,953
victims of domestic violence. The rules shall include all of the
following: 39,954
(1) A rule designating types and categories of employees 39,956
of county departments of human JOB AND FAMILY services and 39,957
employees of public children services agencies to receive 39,960
training in the handling of domestic violence cases and a policy 39,961
for the training of the designated types and categories of 39,962
employees in the handling of those cases.
(2) Guidelines directing how county departments of human 39,964
JOB AND FAMILY services and county children services boards shall 39,966
respond to identified domestic violence problems and to the needs 39,967
of children directly or indirectly involved in situations 39,968
involving domestic violence.
(C) Each county department of human JOB AND FAMILY 39,970
services and each public children services agency shall require 39,973
its employees to complete the training described in divisions (A) 39,975
and (B) of this section in accordance with the rules adopted by 39,976
the director of human JOB AND FAMILY services pursuant to
division (B) of this section. 39,977
Sec. 5101.072. The department of human JOB AND FAMILY 39,986
services shall collaborate with county departments of human JOB 39,988
AND FAMILY services to develop training for appropriate employees 39,990
901
of the county departments regarding the provisions of Sub. H.B. 39,991
408 of the 122nd general assembly, and of Sub. H.B. 167 of the 39,992
121st general assembly that have not been superseded by Sub. H.B. 39,993
408 of the 122nd general assembly, that impose duties on county 39,995
departments of human JOB AND FAMILY services. After the training 39,997
is developed, the department shall collaborate with the county
departments on providing the training. 39,998
Sec. 5101.11. This section does not apply to contracts 40,007
entered into under section 5111.022 of the Revised Code. 40,008
(A) As used in this section: 40,010
(1) "Entity" includes an agency, board, commission, or 40,012
department of the state or a political subdivision of the state; 40,013
a private, nonprofit entity; a school district; a private school; 40,014
or a public or private institution of higher education. 40,015
(2) "Federal financial participation" means the federal 40,017
government's share of expenditures made by an entity in 40,018
implementing a program administered by the department of human 40,019
JOB AND FAMILY services.
(B) At the request of any public entity having authority 40,021
to implement a program administered by the department of human 40,022
JOB AND FAMILY services or any private entity under contract with
a public entity to implement a program administered by the 40,023
department, the department may seek to obtain federal financial 40,024
participation for costs incurred by the entity. Federal 40,025
financial participation may be sought from programs operated 40,026
pursuant to Title IV-A, Title IV-E, and Title XIX of the "Social 40,027
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended; 40,028
the "Food Stamp Act of 1964," 78 Stat. 703, 7 U.S.C. 2011, as 40,029
amended; and any other statute or regulation under which federal 40,030
financial participation may be available, except that federal 40,031
financial participation may be sought only for expenditures made 40,032
with funds for which federal financial participation is available 40,033
under federal law.
(C) All funds collected by the department of human JOB AND 40,035
902
FAMILY services pursuant to division (B) of this section shall be
distributed to the entities that incurred the costs, except for 40,036
any amounts retained by the department pursuant to division 40,037
(D)(3) of this section. 40,038
(D) In distributing federal financial participation 40,040
pursuant to this section, the department may either enter into an 40,041
agreement with the entity that is to receive the funds or 40,042
distribute the funds in accordance with rules adopted under 40,043
division (F) of this section. If the department decides to enter 40,044
into an agreement to distribute the funds, the agreement may 40,045
include terms that do any of the following: 40,046
(1) Provide for the whole or partial reimbursement of any 40,048
cost incurred by the entity in implementing the program; 40,049
(2) In the event that federal financial participation is 40,051
disallowed or otherwise unavailable for any expenditure, require 40,052
the department of human JOB AND FAMILY services or the entity, 40,053
whichever party caused the disallowance or unavailability of 40,054
federal financial participation, to assume responsibility for the 40,055
expenditures;
(3) Permit the department to retain not more than five per 40,057
cent of the amount of the federal financial participation to be 40,058
distributed to the entity; 40,059
(4) Require the public entity to certify the availability 40,061
of sufficient unencumbered funds to match the federal financial 40,062
participation it receives under this section; 40,063
(5) Establish the length of the agreement, which may be 40,065
for a fixed or a continuing period of time; 40,066
(6) Establish any other requirements determined by the 40,068
department to be necessary for the efficient administration of 40,069
the agreement. 40,070
(E) An entity that receives federal financial 40,072
participation pursuant to this section for a program aiding 40,073
children and their families shall establish a process for 40,074
collaborative planning with the department of human JOB AND 40,075
903
FAMILY services for the use of the funds to improve and expand 40,076
the program.
(F) The department DIRECTOR OF JOB AND FAMILY SERVICES 40,078
shall adopt rules as necessary to implement this section, 40,080
including rules for the distribution of federal financial 40,081
participation pursuant to this section. The rules shall be 40,082
adopted in accordance with Chapter 119. of the Revised Code. The 40,083
department DIRECTOR may adopt or amend any statewide plan 40,084
required by the federal government for a program administered by 40,085
the department, as necessary to implement this section. 40,086
(G) Federal financial participation received pursuant to 40,088
this section shall not be included in any calculation made under 40,089
section 5101.16 or 5101.161 of the Revised Code. 40,090
Sec. 5101.111. The Foundation Grant Fund FOUNDATION GRANT 40,100
FUND is hereby created in the state treasury. Money the 40,101
Department DEPARTMENT of Human Services JOB AND FAMILY SERVICES 40,102
receives from private foundations in support of pilot projects 40,103
that promote exemplary programs for enhancing the health, safety, 40,104
and well-being of children and families shall be credited to the 40,105
fund. The Department DEPARTMENT may expend the money on such 40,106
projects, may use the money, to the extent allowable, to match 40,107
federal funds in support of such projects, and shall comply with 40,108
requirements the foundations have stipulated in their agreements 40,109
with the Department DEPARTMENT as to the purposes for which the 40,110
money may be expended. 40,111
Sec. 5101.14. (A) Within available funds, the department 40,124
of human JOB AND FAMILY services shall make payments to the 40,125
counties within thirty days after the beginning of each calendar 40,126
quarter for a part of their costs for services to children 40,127
performed pursuant to Chapter 5153. of the Revised Code. 40,128
Funds provided to the county under this section shall be 40,130
deposited into the children services fund created pursuant to 40,132
section 5101.144 of the Revised Code.
(B)(1) The funds distributed under this section shall be 40,134
904
used for the following: 40,135
(a) Home-based services to children and families; 40,137
(b) Protective services to children; 40,139
(c) To find, develop, and approve adoptive homes; 40,141
(d) Short-term, out-of-home care and treatment for 40,143
children;
(e) Costs for the care of a child who resides with a 40,146
caretaker relative, other than the child's parent, and is in the 40,147
legal custody of a public children services agency pursuant to a 40,148
voluntary temporary custody agreement entered into under division 40,149
(A) of section 5103.15 of the Revised Code or in the legal 40,151
custody of a public children services agency or the caretaker 40,152
relative pursuant to an allegation or adjudication of abuse, 40,153
neglect, or dependency made under Chapter 2151. of the Revised 40,155
Code; 40,156
(f) Other services a public children services agency 40,159
considers necessary to protect children from abuse, neglect, or 40,160
dependency.
(2) No funds distributed under this section shall be used 40,163
for the costs of maintaining a child in a children's home owned 40,164
and operated by the county. 40,165
(C) In each fiscal year, the amount of funds available for 40,167
distribution under this section shall be allocated to counties as 40,169
follows:
(1) If the amount is less than the amount initially 40,171
appropriated for the immediately preceding fiscal year, each 40,172
county shall receive an amount equal to the percentage of the 40,173
funding it received in the immediately preceding fiscal year, 40,174
exclusive of any releases from or additions to the allocation or 40,175
any sanctions imposed under this section; 40,176
(2) If the amount is equal to the amount initially 40,178
appropriated for the immediately preceding fiscal year, each 40,179
county shall receive an amount equal to the amount it received in 40,181
the preceding fiscal year, exclusive of any releases from or
905
additions to the allocation or any sanctions imposed under this 40,182
section; 40,183
(3) If the amount is greater than the amount initially 40,185
appropriated for the immediately preceding fiscal year, each 40,186
county shall receive the amount determined under division (C)(2) 40,188
of this section as a base allocation, plus a percentage of the 40,189
amount that exceeds the amount initially appropriated for the 40,190
immediately preceding fiscal year. The amount exceeding the 40,191
amount initially appropriated in the immediately preceding fiscal 40,192
year shall be allocated to the counties as follows: 40,193
(a) Twelve per cent divided equally among all counties; 40,195
(b) Forty-eight per cent in the ratio that the number of 40,197
residents of the county under the age of eighteen bears to the 40,199
total number of such persons residing in this state; 40,200
(c) Forty per cent in the ratio that the number of 40,202
residents of the county with incomes under the federal poverty 40,203
guideline bears to the total number of such persons in this 40,205
state.
As used in division (C)(3)(c) of this section, "federal 40,208
poverty guideline" means the poverty guideline as defined by the 40,210
United States office of management and budget and revised by the 40,211
United States secretary of health and human services in 40,212
accordance with section 673 of the "Community Services Block 40,213
Grant Act," 95 Stat. 511 (1981), 42 U.S.C.A. 9902, as amended. 40,214
(D)(C) The department DIRECTOR OF JOB AND FAMILY SERVICES 40,217
may adopt rules as necessary for the allocation of funds under
this section. The rules shall be adopted in accordance with 40,219
section 111.15 of the Revised Code. 40,220
(E)(D)(1) As used in this division, "services to children" 40,222
includes only children's protective services, home-based services 40,223
to children and families, family foster home services, 40,224
residential treatment services, adoptive services, and 40,225
independent living services. 40,226
(2) Except as otherwise provided in this section, the 40,228
906
allocation of funds for a fiscal year to a county under this 40,229
section shall be reduced by the department if in the preceding 40,230
calendar year the total amount expended for services to children 40,231
from local funds and funds distributed to the county under 40,232
section 5101.46 of the Revised Code was less than the total 40,233
expended from those sources in the second preceding calendar 40,234
year. The reduction shall be equal to the difference between the 40,235
total expended in the preceding calendar year and the total 40,236
expended in the second preceding calendar year. 40,237
The determination of whether the amount expended for 40,239
services to children was less in the preceding calendar year than 40,240
in the second preceding calendar year shall not include a 40,241
difference due to any of the following factors to the extent that 40,242
the difference does not exceed the amount attributable to that 40,243
factor: 40,244
(a) An across-the-board reduction in the county budget as 40,246
a whole; 40,247
(b) A reduced or failed levy specifically earmarked for 40,249
children services; 40,250
(c) A reduced allocation of funds to the county under 40,252
section 5101.24 of the Revised Code; 40,253
(d) The closure of, or a reduction in the operating 40,255
capacity of, a children's home owned and operated by the county. 40,256
(3) Funds withheld under this division may be reallocated 40,258
by the department to other counties. The department may grant 40,259
whole or partial waivers of the provisions of this division. 40,260
(E) public agency 40,262
(F) Children who are in the temporary or permanent custody 40,264
of a certified public or private nonprofit agency or institution, 40,265
or who are in adoptions subsidized under division (B) of section 40,266
5153.163 of the Revised Code are eligible for medical assistance 40,267
through the medical assistance program established under section 40,268
5111.01 of the Revised Code. 40,269
(G) Within ninety days after the end of each fiscal year, 40,271
907
each county shall return any unspent funds to the department. 40,272
(H) The department shall prepare an annual report 40,274
detailing on a county-by-county basis the services provided with 40,275
funds distributed under this section. The report shall be 40,276
submitted to the general assembly by the thirtieth day of 40,277
September each year and also shall be made available to the 40,278
public. 40,279
(I) In accordance with Chapter 119. of the Revised Code, 40,281
the director shall adopt, and may amend and rescind, rules 40,282
prescribing reports on expenditures to be submitted by the 40,283
counties as necessary for the implementation of this section. 40,284
Sec. 5101.141. (A) The department of human JOB AND FAMILY 40,293
services shall act as the single state agency to administer 40,294
federal payments for foster care and adoption assistance made 40,295
pursuant to Title IV-E of the "Social Security Act," 94 Stat. 40,296
501, 42 U.S.C.A. 670 (1980), as amended, and. THE DIRECTOR OF 40,297
JOB AND FAMILY SERVICES shall adopt rules to implement this 40,298
authority. Internal management rules governing financial and 40,299
administrative requirements applicable to public children 40,300
services agencies shall be adopted in accordance with section 40,301
111.15 of the Revised Code. Rules establishing eligibility, 40,304
program participation, and other requirements shall be adopted in 40,305
accordance with Chapter 119. of the Revised Code. A public
children services agency to which the department distributes 40,306
Title IV-E funds shall administer the funds in accordance with 40,308
those rules. 40,309
(B)(1) The county, on behalf of each child eligible for 40,312
foster care maintenance payments under Title IV-E of the "Social 40,313
Security Act," shall make payments to cover the cost of providing 40,314
all of the following:
(a) The child's food, clothing, shelter, daily 40,316
supervision, and school supplies; 40,317
(b) The child's personal incidentals; 40,319
(c) Reasonable travel to the child's home for visitation. 40,321
908
(2) In addition to payments made under division (B)(1) of 40,323
this section, the county may, on behalf of each child eligible 40,324
for foster care maintenance payments under Title IV-E of the 40,328
"Social Security Act," make payments to cover the cost of 40,331
providing the following:
(a) Liability insurance with respect to the child; 40,334
(b) If the county is participating in the demonstration 40,337
project established under division (A) of section 5101.142 of the 40,338
Revised Code, services provided under the project. 40,339
(3) With respect to a child who is in a child-care 40,341
institution, including any type of group home designed for the 40,342
care of children or any privately operated program consisting of 40,343
two or more family foster homes operated by a common 40,344
administrative unit, the foster care maintenance payments made by 40,345
the county on behalf of the child shall include the reasonable 40,346
cost of the administration and operation of the institution, 40,347
group home, or program, as necessary to provide the items 40,348
described in division (B)(1) and (2) of this section. 40,349
(C) To the extent that either foster care maintenance 40,351
payments under division (B) of this section or Title IV-E 40,352
adoption assistance payments for maintenance costs require the 40,353
expenditure of county funds, the board of county commissioners 40,354
shall report the nature and amount of each expenditure of county 40,355
funds to the department. 40,356
(D) The department shall distribute to public children 40,359
services agencies that incur and report such expenditures federal 40,360
financial participation received for administrative and training 40,361
costs incurred in the operation of foster care maintenance and 40,362
adoption assistance programs. The department may withhold not 40,363
more than two per cent of the federal financial participation 40,364
received. The funds withheld shall be in addition to any 40,365
administration and training cost for which the department is 40,366
reimbursed through its own cost allocation plan. 40,367
(E) All federal funds received by a county pursuant to 40,369
909
this section shall be deposited into the county's children 40,370
services fund created pursuant to section 5101.144 of the Revised 40,372
Code.
(F) The department shall periodically publish and 40,375
distribute the maximum amounts that the department will reimburse 40,376
public children services agencies for making payments on behalf 40,377
of children eligible for foster care maintenance payments.
(G) The department, by and through its director, is hereby 40,379
authorized to develop, participate in the development of, 40,380
negotiate, and enter into one or more interstate compacts on 40,381
behalf of this state with agencies of any other states, for the 40,382
provision of medical assistance and other social services to 40,383
children in relation to whom all of the following apply:
(1) They have special needs. 40,385
(2) This state or another state that is a party to the 40,387
interstate compact is providing adoption assistance on their 40,388
behalf.
(3) They move into this state from another state or move 40,390
out of this state to another state. 40,391
Sec. 5101.142. (A) The department OF JOB AND FAMILY 40,401
SERVICES may apply to the United States secretary of health and 40,403
human services for a waiver of requirements established under 40,404
Title IV-E of the "Social Security Act," 94 Stat. 501, 42 40,406
U.S.C.A. 670 (1980), or regulations adopted thereunder, to 40,408
conduct a demonstration project expanding eligibility for and 40,409
services provided under Title IV-E. The department may enter 40,411
into agreements with the secretary necessary to implement the 40,412
demonstration project, including agreements establishing the 40,413
terms and conditions of the waiver authorizing the project. If a 40,414
demonstration project is to be established, the department of 40,415
human services shall do all of the following: 40,416
(1) Adopt HAVE THE DIRECTOR OF JOB AND FAMILY SERVICES 40,418
ADOPT rules in accordance with Chapter 119. of the Revised Code 40,420
governing the project. The rules shall be consistent with the 40,421
910
agreements the department enters into with the secretary. 40,422
(2) Enter into agreements with public children services 40,425
agencies that the department selects for participation in the 40,426
project. The department shall not select an agency that objects 40,427
to participation or refuses to be bound by the terms and 40,428
conditions of the project. 40,429
(3) Contract with persons or governmental agencies 40,432
providing services under the project; 40,433
(4) Amend the state plan required by section 471 of the 40,436
"Social Security Act," 42 U.S.C.A. 671, as amended, as needed to 40,441
implement the project;
(5) Conduct ongoing evaluations of the project; 40,444
(6) Perform other administrative and operational 40,447
activities required by the agreement with the secretary. 40,448
(B) The department may apply to the United States 40,451
secretary of health and human services for a waiver of the 40,452
requirements established under Title IV-B of the "Social Security 40,454
Act of 1967," 81 Stat. 821, 42 U.S.C.A. 620 or regulations 40,456
adopted thereunder and established under any other federal law or 40,457
regulations that affect the children services functions
prescribed by Chapter 5153. of the Revised Code, to conduct 40,460
demonstration projects or otherwise improve the effectiveness and
efficiency of the children services function. 40,461
Sec. 5101.143. (A) As used in this section, "private 40,471
agency" means a private child placing agency or private 40,474
noncustodial agency.
(B) A government entity or private agency may submit to 40,477
the department of human JOB AND FAMILY services a request that
the department determine what portion of an amount the government 40,478
entity or private agency charges for foster care maintenance for 40,479
a child eligible for foster care maintenance payments under Title 40,481
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. 40,483
(C) As used in this division and division (D) of this 40,487
911
section, "government entity" means any government entity other 40,488
than a public children services agency.
Subject to initial and continued approval by the United 40,490
States department of health and human services, the department of 40,492
human JOB AND FAMILY services shall levy a special assessment on 40,494
each private agency or government entity seeking a rate 40,495
determination under division (B) of this section. The amount of 40,496
the special assessment shall be the greater of three hundred 40,498
dollars or fifteen cents times the number of days the private 40,499
agency or government entity provided or arranged foster care in 40,500
the preceding calendar year to or for each child the agency or 40,501
entity provided or arranged foster care. The department shall 40,502
not perform a rate determination under division (B) of this 40,504
section for a private agency or government entity that fails to 40,505
pay the special assessment.
The department shall deposit all amounts collected under 40,507
this division into the child welfare training fund, which is 40,509
hereby created in the state treasury. The department shall use 40,511
money in the fund only to secure federal matching funds under 40,512
Title IV-E to help defray costs private agencies and government 40,515
entities incur in training staff and foster care parents and that 40,517
the department determines are allowable and reasonable costs and 40,518
to make payments to private and government entities to assist
with those costs. 40,519
The department shall determine the amount of payments it 40,521
will make to private agencies and government entities under this 40,522
division. The department may require a private agency or 40,524
government entity that receives a payment under this division to 40,526
pay or help pay the cost of an adverse audit finding that the 40,527
agency or entity causes or to which the agency or entity 40,528
contributes. The department may require all private agencies and 40,530
government entities that receive a payment under this division to 40,531
share in the cost of an adverse audit finding that a private 40,533
agency or government entity no longer in existence caused or 40,534
912
contributed to.
(D) The department DIRECTOR of human JOB AND FAMILY 40,537
services shall adopt rules in accordance with Chapter 119. of the 40,538
Revised Code to implement this section. The rules shall include 40,539
all of the following: 40,540
(1) Procedures for a private agency or government entity 40,542
to pay the special assessment required by division (C) of this 40,544
section and to request a payment from the department to help 40,545
defray the cost of training staff and foster parents; 40,546
(2) Criteria for the department to determine whether 40,548
training costs are allowable and reasonable; 40,549
(3) Any other requirements the department determines to be 40,552
necessary to implement this section.
Sec. 5101.15. Within available funds the department of 40,561
human JOB AND FAMILY services may reimburse counties in 40,562
accordance with this section for a portion of the salaries paid 40,563
to child welfare workers employed under section 5153.12 of the 40,564
Revised Code. No county with a population of eighty thousand or 40,565
less, according to the latest census accepted by the department 40,566
as official, shall be entitled to reimbursement on the salaries 40,567
of more than two child welfare workers, and no county with a 40,568
population of more than eighty thousand, according to such 40,569
census, shall be entitled to reimbursement on the salaries of 40,570
more than two child welfare workers plus one additional child 40,571
welfare worker for each one hundred thousand of population in 40,572
excess of eighty thousand.
The maximum reimbursement to which a county may be entitled 40,574
on any child welfare worker shall be as follows: 40,575
(A) Twenty-seven hundred dollars a year for a child 40,577
welfare worker who is a graduate of an accredited high school, 40,578
college, or university; 40,579
(B) Thirty-three hundred dollars a year for a child 40,581
welfare worker who has one year or more of graduate training in 40,582
social work or a field which the department finds to be related 40,583
913
to social work; 40,584
(C) Thirty-nine hundred dollars a year for a child welfare 40,586
worker who has completed two years of social work training. 40,587
The salary of the executive director, designated in 40,589
accordance with section 5153.10 of the Revised Code, shall be 40,590
subject to reimbursement under this section, provided that the 40,591
executive director qualifies under division (A), (B), or (C) of 40,592
this section. No funds shall be allocated under this section 40,593
until the director of human JOB AND FAMILY services has approved 40,595
a plan of child welfare services for the county submitted by the 40,596
public children services agency. 40,597
Sec. 5101.16. (A) As used in this section and sections 40,606
5101.161 and 5101.162 of the Revised Code: 40,607
(1) "Disability assistance" means financial and medical 40,609
assistance provided under Chapter 5115. of the Revised Code. 40,610
(2) "Food stamps" means the program administered by the 40,612
department of human JOB AND FAMILY services pursuant to section 40,614
5101.54 of the Revised Code. 40,615
(3) "Medicaid" means the medical assistance program 40,617
established by Chapter 5111. of the Revised Code, excluding 40,620
transportation services provided under that chapter. 40,621
(4) "Ohio works first" means the program established by 40,623
Chapter 5107. of the Revised Code. 40,624
(5) "Prevention, retention, and contingency" means the 40,626
program established by Chapter 5108. of the Revised Code. 40,628
(6) "Public assistance expenditures" means expenditures 40,630
for all of the following: 40,631
(a) Ohio works first; 40,633
(b) County administration of Ohio works first; 40,636
(c) Prevention, retention, and contingency; 40,638
(d) County administration of prevention, retention, and 40,640
contingency; 40,641
(e) Disability assistance; 40,643
(f) County administration of disability assistance; 40,645
914
(g) County administration of food stamps; 40,647
(h) County administration of medicaid. 40,649
(B) Each board of county commissioners shall pay the 40,651
county share of public assistance expenditures in accordance with 40,655
section 5101.161 of the Revised Code. Except as provided in 40,656
division (C) of this section, a county's share of public 40,659
assistance expenditures is the sum of all of the following for 40,661
state fiscal year 1998 and each state fiscal year thereafter: 40,662
(1) The amount that is twenty-five per cent of the 40,664
county's total expenditures for disability assistance and county 40,667
administration of disability assistance during the state fiscal 40,668
year ending in the previous calendar year that the department of 40,670
human JOB AND FAMILY services determines are allowable. 40,672
(2) The amount that is ten per cent, or other percentage 40,676
determined under division (D) of this section, of the county's 40,677
total expenditures for county administration of food stamps and 40,678
medicaid during the state fiscal year ending in the previous 40,681
calendar year that the department determines are allowable, less 40,682
the amount of federal reimbursement credited to the county under 40,684
division (E) of this section for the state fiscal year ending in 40,685
the previous calendar year;
(3)(a) Except as provided in division (B)(3)(b) of this 40,688
section, the actual amount, as determined by the department of 40,689
human JOB AND FAMILY services from expenditure reports submitted 40,691
to the United States department of health and human services, of 40,692
the county share of program and administrative expenditures 40,693
during federal fiscal year 1994 for assistance and services, 40,694
other than child day-care, provided under Titles IV-A and IV-F of 40,695
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as 40,697
those titles existed prior to the enactment of the "Personal 40,698
Responsibility and Work Opportunity Reconciliation Act of 1996," 40,700
110 Stat. 2105. 40,701
(b) For state fiscal years 2000 and 2001, seventy-seven 40,704
per cent of the amount determined under division (B)(3)(a) of 40,706
915
this section.
(C)(1) If a county's share of public assistance 40,708
expenditures determined under division (B) of this section for a 40,710
state fiscal year exceeds one hundred ten per cent of the 40,711
county's share for those expenditures for the immediately 40,712
preceding state fiscal year, the department of human JOB AND 40,713
FAMILY services shall reduce the county's share for expenditures
under divisions (B)(1) and (2) of this section so that the total 40,715
of the county's share for expenditures under division (B) of this 40,716
section equals one hundred ten per cent of the county's share of 40,717
those expenditures for the immediately preceding state fiscal 40,718
year.
(2) A county's share of public assistance expenditures 40,720
determined under division (B) of this section may be increased 40,721
pursuant to a sanction under section 5101.24 of the Revised Code. 40,723
(D)(1) If the per capita tax duplicate of a county is less 40,726
than the per capita tax duplicate of the state as a whole and 40,727
division (D)(2) of this section does not apply to the county, the 40,729
percentage to be used for the purpose of division (B)(2) of this 40,731
section is the product of ten multiplied by a fraction of which 40,733
the numerator is the per capita tax duplicate of the county and 40,734
the denominator is the per capita tax duplicate of the state as a 40,735
whole. The department of human JOB AND FAMILY services shall 40,736
compute the per capita tax duplicate for the state and for each 40,737
county by dividing the tax duplicate for the most recent 40,738
available year by the current estimate of population prepared by 40,739
the department of development. 40,740
(2) If the percentage of families in a county with an 40,742
annual income of less than three thousand dollars is greater than 40,743
the percentage of such families in the state and division (D)(1) 40,745
of this section does not apply to the county, the percentage to 40,746
be used for the purpose of division (B)(2) of this section is the 40,747
product of ten multiplied by a fraction of which the numerator is 40,749
the percentage of families in the state with an annual income of 40,750
916
less than three thousand dollars a year and the denominator is 40,751
the percentage of such families in the county. The department of 40,752
human JOB AND FAMILY services shall compute the percentage of 40,753
families with an annual income of less than three thousand
dollars for the state and for each county by multiplying the most 40,756
recent estimate of such families published by the department of 40,757
development, by a fraction, the numerator of which is the 40,758
estimate of average annual personal income published by the 40,759
bureau of economic analysis of the United States department of 40,760
commerce for the year on which the census estimate is based and 40,761
the denominator of which is the most recent such estimate 40,762
published by the bureau.
(3) If the per capita tax duplicate of a county is less 40,765
than the per capita tax duplicate of the state as a whole and the 40,766
percentage of families in the county with an annual income of
less than three thousand dollars is greater than the percentage 40,767
of such families in the state, the percentage to be used for the 40,769
purpose of division (B)(2) of this section shall be determined as 40,770
follows: 40,771
(a) Multiply ten by the fraction determined under division 40,775
(D)(1) of this section;
(b) Multiply the product determined under division 40,778
(D)(3)(a) of this section by the fraction determined under 40,780
division (D)(2) of this section. 40,781
(4) The department of human JOB AND FAMILY services shall 40,783
determine, for each county, the percentage to be used for the 40,786
purpose of division (B)(2) of this section not later than the 40,787
first day of July of the year preceding the state fiscal year for 40,789
which the percentage is used.
(E) The department of human JOB AND FAMILY services shall 40,791
credit to a county the amount of federal reimbursement the 40,793
department receives from the United States departments of 40,795
agriculture and health and human services for the county's 40,797
expenditures for administration of food stamps and medicaid that 40,798
917
the department determines are allowable administrative 40,799
expenditures. 40,800
(F) The department DIRECTOR of human JOB AND FAMILY 40,803
services shall adopt rules in accordance with section 111.15 of 40,805
the Revised Code to establish all of the following: 40,807
(1) The method the department is to use to change a 40,811
county's share of public assistance expenditures determined under 40,813
division (B) of this section as provided in division (C) of this 40,814
section; 40,815
(2) The allocation methodology and formula the department 40,817
will use to determine the amount of funds to credit to a county 40,818
under this section; 40,819
(3) The method the department will use to change the 40,821
payment of the county share of public assistance expenditures 40,822
from a calendar-year basis to a state fiscal year basis; 40,823
(4) Other procedures and requirements necessary to 40,825
implement this section. 40,826
Sec. 5101.161. Prior to the sixteenth day of May annually, 40,837
the department of human JOB AND FAMILY services shall certify to 40,838
the board of county commissioners of each county the amount 40,839
estimated by the department to be needed in the following state 40,840
fiscal year to meet the county share, as determined under 40,842
division (B) of section 5101.16 of the Revised Code, of public 40,843
assistance expenditures. Each January, the board shall 40,845
appropriate the amount certified by the department and an 40,846
additional five per cent of that amount. Each June, the board 40,847
may reappropriate, for any purpose the board determines to be 40,848
appropriate, the amount appropriated in January that exceeds the 40,849
total of the amount certified by the department for the last six
months of the current state fiscal year and the first six months 40,850
of the following state fiscal year. 40,851
Before the fifteenth day of each payment period the 40,854
department establishes by rule, the department shall pay a county 40,857
the estimated state and federal share of the county's public 40,858
918
assistance expenditures for that payment period increased or 40,861
decreased by the amount the department underpaid or overpaid the 40,863
county for the most recent payment period that the department 40,865
knows an underpayment or overpayment was made. 40,866
If the department establishes a maximum amount that it will 40,868
reimburse a county for public assistance expenditures and a 40,870
county spends more for such an expenditure than is reimbursable, 40,871
the department shall not pay the county a state or, except as 40,872
provided in section 5101.162 of the Revised Code, a federal share 40,873
for the amount of the expenditure that exceeds the maximum 40,874
allowable reimbursement amount. County expenditures that exceed 40,875
the maximum allowable reimbursement amount shall not be credited 40,876
to a county's share of public assistance expenditures under 40,877
section 5101.16 of the Revised Code. The department also shall 40,878
not pay a county a state or, except as provided in section 40,879
5101.162 of the Revised Code, a federal share for an 40,880
administrative expenditure that is not allowed by the department. 40,882
A county shall deposit all funds appropriated by a board of 40,884
county commissioners and received from the department under this 40,887
section in a special fund in the county treasury known as the 40,888
public assistance fund. A county shall make payments for public 40,890
assistance expenditures from the public assistance fund. 40,891
The attorney general shall bring mandamus proceedings in 40,893
the Franklin county court of appeals against any board of county 40,894
commissioners that fails to make appropriations or deposits into 40,896
the public assistance fund required by this section. 40,897
The department DIRECTOR OF JOB AND FAMILY SERVICES shall 40,899
adopt internal management rules in accordance with section 111.15 40,901
of the Revised Code to do all of the following: 40,903
(A) Establish the method by which the department is to 40,906
make payments to counties under this section;
(B) Establish procedures for payment by counties of the 40,909
county share of public assistance expenditures;
(C) Establish payment periods for paying a county its 40,911
919
estimated state and federal share of public assistance 40,912
expenditures; 40,913
(D) Allow county departments of human JOB AND FAMILY 40,915
services to use the public assistance fund for other purposes and 40,917
programs similar to the purposes and programs specified in this 40,918
section.
The department DIRECTOR may adopt internal management rules 40,920
in accordance with section 111.15 of the Revised Code to 40,921
establish a maximum amount that it will reimburse a county for 40,922
public assistance expenditures. 40,923
Sec. 5101.162. The department of human JOB AND FAMILY 40,932
services may use available federal funds to reimburse county 40,933
expenditures for county administration of food stamps or medicaid 40,934
even though the county expenditures exceed the maximum allowable 40,935
reimbursement amount established by rules adopted under section 40,936
5101.161 of the Revised Code if the board of county commissioners 40,938
has not entered into a partnership agreement with the director of 40,939
human JOB AND FAMILY services under section 5101.21 of the 40,940
Revised Code. The department DIRECTOR may adopt internal 40,942
management rules in accordance with section 111.15 of the Revised
Code to implement this section. 40,943
Sec. 5101.18. (A) When the department DIRECTOR of human 40,952
JOB AND FAMILY services adopts rules under section 5107.05 40,953
regarding income requirements for the Ohio works first program 40,956
and under section 5115.05 of the Revised Code regarding income 40,959
and resource requirements for the disability assistance program, 40,960
the department DIRECTOR shall determine what payments shall be 40,962
regarded or disregarded. In making this determination, the 40,964
department DIRECTOR shall consider:
(1) The source of the payment; 40,966
(2) The amount of the payment; 40,968
(3) The purpose for which the payment was made; 40,970
(4) Whether regarding the payment as income would be in 40,972
the public interest; 40,973
920
(5) Whether treating the payment as income would be 40,975
detrimental to any of the programs administered in whole or in 40,977
part by the department OF JOB AND FAMILY SERVICES and whether 40,978
such determination would jeopardize the receipt of any federal 40,980
grant or payment by the state or any receipt of aid under Chapter 40,981
5107. of the Revised Code. 40,982
(B) Any recipient of aid under Title XVI of the "Social 40,984
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, 40,987
whose money payment is discontinued as the result of a general 40,988
increase in old-age, survivors, and disability insurance benefits 40,989
under such act, shall remain a recipient for the purpose of 40,991
receiving medical assistance through the medical assistance 40,992
program established under section 5111.01 of the Revised Code. 40,993
Sec. 5101.181. (A) As used in this section and section 41,002
5101.182 of the Revised Code, "public assistance" includes, in 41,003
addition to Ohio works first; prevention, retention, and 41,004
contingency; medicaid; and disability assistance, general 41,006
assistance provided prior to July 17, 1995, under former Chapter 41,008
5113. of the Revised Code. 41,009
(B) As part of the procedure for the determination of 41,012
overpayment to a recipient of public assistance under Chapter 41,013
5107., 5108., 5111., or 5115. of the Revised Code, the director 41,014
of human JOB AND FAMILY services shall furnish quarterly the name
and social security number of each individual who receives public 41,015
assistance to the director of administrative services, the 41,016
administrator of the bureau of workers' compensation, and each of 41,017
the state's retirement boards. Within fourteen days after 41,018
receiving the name and social security number of an individual 41,019
who receives public assistance, the director of administrative 41,020
services, administrator, or board shall inform the auditor of 41,021
state as to whether such individual is receiving wages or 41,022
benefits, the amount of any wages or benefits being received, the 41,023
social security number, and the address of the individual. The 41,024
director of administrative services, administrator, boards, and 41,025
921
any agent or employee of those officials and boards shall comply 41,026
with the rules of the department DIRECTOR of human JOB AND FAMILY 41,028
services restricting the disclosure of information regarding
recipients of public assistance. Any person who violates this 41,030
provision shall thereafter be disqualified from acting as an 41,031
agent or employee or in any other capacity under appointment or 41,032
employment of any state board, commission, or agency. 41,033
(C) The auditor of state may enter into a reciprocal 41,035
agreement with the director of human JOB AND FAMILY services or 41,036
comparable officer of any other state for the exchange of names, 41,038
current or most recent addresses, or social security numbers of 41,039
persons receiving public assistance under Title IV-A or under 41,041
Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 41,042
U.S.C. 301, as amended. 41,043
(D)(1) The auditor of state shall retain, for not less 41,045
than two years, at least one copy of all information received 41,047
under this section and sections 145.27, 742.41, 3307.21, 3309.22, 41,048
4123.27, 5101.182, and 5505.04 of the Revised Code. The auditor 41,049
shall review the information to determine whether overpayments 41,050
were made to recipients of public assistance under Chapters 41,051
5107., 5108., 5111., and 5115. of the Revised Code. The auditor 41,052
of state shall initiate action leading to prosecution, where 41,053
warranted, of recipients who received overpayments by forwarding 41,054
the name of each recipient who received overpayment, together 41,055
with other pertinent information, to the director of human JOB 41,056
AND FAMILY services and the attorney general, to the district 41,058
director of human JOB AND FAMILY services of the district through 41,060
which public assistance was received, and to the county director 41,061
of human JOB AND FAMILY services and county prosecutor of the 41,063
county through which public assistance was received.
(2) The auditor of state and the attorney general or their 41,065
designees may examine any records, whether in computer or printed 41,066
format, in the possession of the director of human JOB AND FAMILY 41,068
services or any county director of human JOB AND FAMILY services. 41,069
922
They shall provide safeguards which restrict access to such 41,071
records to purposes directly connected with an audit or 41,072
investigation, prosecution, or criminal or civil proceeding 41,073
conducted in connection with the administration of the programs 41,074
and shall comply with the rules of the department DIRECTOR of 41,075
human JOB AND FAMILY services restricting the disclosure of 41,076
information regarding recipients of public assistance. Any 41,077
person who violates this provision shall thereafter be 41,078
disqualified from acting as an agent or employee or in any other 41,079
capacity under appointment or employment of any state board, 41,080
commission, or agency. 41,081
(3) Costs incurred by the auditor of state in carrying out 41,083
the auditor of state's duties under this division shall be borne 41,085
by the auditor of state. 41,086
Sec. 5101.182. As part of the procedure for the 41,095
determination of overpayment to a recipient of public assistance 41,096
under Chapter 5107., 5111., or 5115. of the Revised Code, the 41,098
director of human JOB AND FAMILY services shall semiannually, at
times determined jointly by the auditor of state and the tax 41,099
commissioner, furnish to the tax commissioner in computer format 41,100
the name and social security number of each individual who 41,101
receives public assistance. Within sixty days after receiving 41,102
the name and social security number of a recipient of public 41,103
assistance, the commissioner shall inform the auditor of state 41,104
whether the individual filed an Ohio individual income tax 41,105
return, separate or joint, as provided by section 5747.08 of the 41,106
Revised Code, for either or both of the two taxable years 41,107
preceding the year in which the director furnished the names and 41,108
social security numbers to the commissioner. If the individual 41,109
did so file, at the same time the commissioner shall also inform 41,110
the auditor of state of the amount of the federal adjusted gross 41,111
income as reported on such returns and of the addresses on such 41,112
returns. The commissioner shall also advise the auditor of state 41,113
whether such returns were filed on a joint basis, as provided in 41,114
923
section 5747.08 of the Revised Code, in which case the federal 41,115
adjusted gross income as reported may be that of the individual 41,116
or the individual's spouse. 41,117
If the auditor of state determines that further 41,119
investigation is needed, he THE AUDITOR OF STATE may request the 41,120
commissioner to determine whether the individual filed income tax 41,122
returns for any previous taxable years in which the individual 41,123
received public assistance and for which the tax department 41,124
retains income tax returns. Within fourteen days of receipt of 41,125
the request, the commissioner shall inform the auditor of state 41,126
whether the individual filed an individual income tax return for 41,127
the taxable years in question, of the amount of the federal 41,128
adjusted gross income as reported on such returns, of the 41,129
addresses on such returns, and whether the returns were filed on 41,130
a joint or separate basis. 41,131
If the auditor of state determines that further 41,133
investigation is needed of a recipient of public assistance who 41,134
filed an Ohio individual income tax return, he THE AUDITOR OF 41,135
STATE may request a certified copy of the Ohio individual income 41,137
tax return or returns of that person for the taxable years 41,138
described above, together with any other documents the 41,139
commissioner has concerning the return or returns. Within 41,140
fourteen days of receipt of such a request in writing, the 41,141
commissioner shall forward the returns and documents to the 41,142
auditor of state.
The director of human JOB AND FAMILY services, district 41,144
director of human JOB AND FAMILY services, county director of 41,145
human JOB AND FAMILY services, county prosecutor, attorney 41,148
general, auditor of state, or any agent or employee of those 41,149
officials having access to any information or documents furnished 41,150
by the commissioner pursuant to this section shall not divulge or 41,151
use any such information except for the purpose of determining 41,152
overpayment of public assistance, or for an audit, investigation, 41,153
or prosecution, or in accordance with a proper judicial order. 41,154
924
Any person who violates this provision shall thereafter be 41,155
disqualified from acting as an agent or employee or in any other 41,156
capacity under appointment or employment of any state or county 41,157
board, commission, or agency.
Sec. 5101.183. (A) The department DIRECTOR of human JOB 41,167
AND FAMILY services, in accordance with section 111.15 of the 41,169
Revised Code, may adopt rules under which county departments of 41,170
human JOB AND FAMILY services or public children services 41,173
agencies shall take action to recover the cost of social services 41,175
provided to any of the following:
(1) Persons who were not eligible for social services but 41,177
who secured social services through fraud or misrepresentation; 41,178
(2) Persons who were eligible for social services but who 41,180
intentionally diverted the services to other persons who were not 41,181
eligible for the services. 41,182
(B) A county department of human JOB AND FAMILY services 41,184
or public children services agency may bring a civil action 41,186
against a recipient of social services to recover any costs 41,187
described in division (A) of this section. 41,188
(C) A county department of human JOB AND FAMILY services 41,190
or public children services agency shall retain any money it 41,192
recovers under division (A) of this section and shall use the 41,194
money for the provision of social services, except that, if 41,195
federal law requires the state department of human JOB AND FAMILY 41,196
services to return any portion of the money so recovered to the 41,198
federal government, the county department or agency shall pay 41,199
that portion to the state department OF JOB AND FAMILY SERVICES. 41,200
Sec. 5101.184. (A) The director of human JOB AND FAMILY 41,209
services shall work with the tax commissioner to collect 41,210
overpayments of assistance under Chapter 5107., 5111., or 5115., 41,211
former Chapter 5113., or sections 5101.54 to 5101.543 of the 41,212
Revised Code from refunds of state income taxes for taxable year 41,213
1992 and thereafter that are payable to the recipients of such 41,214
overpayments.
925
Any overpayment of assistance, whether obtained by fraud or 41,216
misrepresentation, as the result of an error by the recipient or 41,217
by the agency making the payment, or in any other manner, may be 41,218
collected under this section. Any reduction under section 41,219
5747.12 or 5747.121 of the Revised Code to an income tax refund 41,220
shall be made before a reduction under this section. No 41,221
reduction shall be made under this section if the amount of the 41,222
refund is less than twenty-five dollars after any reduction under 41,223
section 5747.12 of the Revised Code. A reduction under this 41,224
section shall be made before any part of the refund is 41,225
contributed under section 5747.113 of the Revised Code to the 41,226
natural areas and preserves fund or the nongame and endangered 41,227
wildlife fund, or is credited under section 5747.12 of the 41,228
Revised Code against tax due in any subsequent year. 41,229
The director and the tax commissioner, by rules adopted in 41,231
accordance with Chapter 119. of the Revised Code, shall establish 41,232
procedures to implement this division. The procedures shall 41,233
provide for notice to a recipient of assistance and an 41,234
opportunity for him THE RECIPIENT to be heard before his THE 41,236
RECIPIENT'S income tax refund is reduced. 41,237
(B) The director of human JOB AND FAMILY services may 41,239
enter into agreements with the federal government to collect 41,240
overpayments of assistance from refunds of federal income taxes 41,241
that are payable to recipients of the overpayments. 41,242
Sec. 5101.19. (A) Upon determining that a person or 41,251
persons are eligible for aid payments under Chapter 5107. or 41,252
5115. of the Revised Code, an identification card shall be issued 41,253
to the individual designated to receive warrants for aid 41,254
payments. Such cards may be made up and issued by the county 41,255
department of human JOB AND FAMILY services, or the department of 41,256
human JOB AND FAMILY services may enter into a contract with any 41,258
person, corporation, or agency, public or private, to furnish 41,259
cards to individuals certified by the county department. The 41,260
department of human JOB AND FAMILY services shall determine the 41,261
926
card's material, design, and informational content, which shall 41,262
include a photograph, social security number, name and signature, 41,263
and shall prescribe the procedure by which it is issued. 41,264
(B) Any county department of human JOB AND FAMILY services 41,266
which on July 7, 1972 is furnishing identification cards to 41,268
individuals designated to receive warrants for aid payments under 41,269
Chapter 5107. of the Revised Code, may continue to issue such 41,270
cards and may issue identification cards to individuals 41,271
designated to receive warrants for aid payments under Chapter 41,272
5115. of the Revised Code under procedures developed by the 41,273
county, in lieu of those established under division (A) of this 41,274
section, provided:
(1) The information borne on the card is substantially the 41,276
same as that required in division (A) of this section; 41,277
(2) The county complies with any regulations adopted by 41,279
the department DIRECTOR of human JOB AND FAMILY services which 41,281
are applicable to such a procedure. 41,282
(C) The individual designated to receive warrants for aid 41,284
payments shall present the identification card issued under this 41,285
section as a condition for the acceptance and payment of the 41,286
warrants. All expenses incurred in the issuance of 41,287
identification cards under this section shall be paid from funds 41,288
appropriated to the department of human JOB AND FAMILY services. 41,290
Sec. 5101.212. If the director of human JOB AND FAMILY 41,299
services enters into an agreement or contracts with, or issues a 41,301
grant to, a religious organization under section 5101.211 of the 41,302
Revised Code, the religious organization shall comply with 41,304
section 104 of the Personal Responsibility and Work Opportunity 41,305
and Reconciliation Act of 1996 (P.L. 104-193). 41,306
Sec. 5101.26. As used in this section and in sections 41,316
5101.27 to 5101.30 of the Revised Code:
(A) "County agency" means a county department of human JOB 41,318
AND FAMILY services or a public children services agency. 41,319
(B) "Fugitive felon" means an individual who is fleeing to 41,321
927
avoid prosecution, or custody or confinement after conviction, 41,323
under the laws of the place from which the individual is fleeing, 41,324
for a crime or an attempt to commit a crime that is a felony 41,326
under the laws of the place from which the individual is fleeing 41,327
or, in the case of New Jersey, a high misdemeanor, regardless of 41,328
whether the individual has departed from the individual's usual 41,329
place of residence. 41,330
(C) "Information" means records as defined in section 41,332
149.011 of the Revised Code, any other documents in any format, 41,335
and data derived from records and documents that are generated, 41,336
acquired, or maintained by the state department of human JOB AND 41,337
FAMILY services, a county agency, or an entity performing duties 41,338
on behalf of the state department or a county agency. 41,339
(D) "Law enforcement agency" means the state highway 41,342
patrol, an agency that employs peace officers as defined in 41,343
section 109.71 of the Revised Code, the adult parole authority, a 41,344
county department of probation, a prosecuting attorney, the 41,345
attorney general, similar agencies of other states, federal law 41,347
enforcement agencies, and postal inspectors. "Law enforcement
agency" includes the peace officers and other law enforcement 41,348
officers employed by the agency. 41,349
(E) "Public assistance" means financial assistance, 41,351
medical assistance, or social services provided under a program 41,352
administered by the state department OF JOB AND FAMILY SERVICES 41,353
or a county agency pursuant to Chapter 329., 5101., 5104., 5107., 41,354
5108., 5111., or 5115. of the Revised Code or an executive order 41,355
issued under section 107.17 of the Revised Code. 41,356
(F) "Public assistance recipient" means an applicant for 41,358
or recipient or former recipient of public assistance. 41,360
Sec. 5101.27. (A) Except as permitted by this section, 41,370
section 5101.28 or 5101.29 of the Revised Code, or the rules 41,371
adopted under division (A) of section 5101.30 of the Revised 41,372
Code, or required by federal law, no person or government entity 41,373
shall solicit, disclose, receive, use, or knowingly permit, or 41,374
928
participate in the use of any information regarding a public 41,375
assistance recipient for any purpose not directly connected with 41,376
the administration of a public assistance program. 41,377
(B)(1) To the extent permitted by federal law, the state 41,380
department of human JOB AND FAMILY services and county agencies 41,382
shall release information regarding a public assistance recipient 41,383
for purposes directly connected to the administration of the 41,384
program to a government entity responsible for administering a 41,385
public assistance program or any other state, federal, or 41,386
federally assisted program that provides cash or in-kind 41,387
assistance or services directly to individuals based on need or 41,388
for the purpose of protecting children to a government entity 41,389
responsible for administering a children's protective services 41,390
program.
(2) To the extent permitted by federal law, the state 41,392
department and county agencies shall provide information 41,393
regarding a public assistance recipient to a law enforcement 41,394
agency for the purpose of any investigation, prosecution, or 41,395
criminal or civil proceeding relating to the administration of a 41,396
public assistance program. 41,397
(C) To the extent permitted by federal law and section 41,399
1347.08 of the Revised Code, the state department and county 41,400
agencies shall provide access to information regarding a public 41,401
assistance recipient to all of the following:
(1) The recipient; 41,403
(2) The authorized representative, as defined in rules 41,405
adopted under section 5101.30 of the Revised Code, of the 41,406
recipient;
(3) The parent or guardian of the recipient; 41,408
(4) The attorney of the recipient, if the attorney has 41,410
written authorization from the recipient. 41,411
(D) To the extent permitted by federal law, the state 41,413
department and county agencies may release information about a 41,415
public assistance recipient if the recipient gives voluntary, 41,416
929
written consent that specifically identifies the persons or 41,417
government entities to which the information may be released. 41,418
The state department or county agency shall release the 41,420
information only to the persons or government entities specified 41,421
in the document evidencing consent. Consent may be time-limited 41,422
or ongoing, at the discretion of the individual giving it, and 41,423
may be rescinded at any time; however, an individual cannot 41,424
rescind consent retroactively. The document evidencing consent 41,425
must state that consent may be rescinded. 41,426
The state department or a county agency may release 41,428
information under this division concerning a receipt of medical 41,429
assistance under Chapter 5111. of the Revised Code only if both 41,431
of the following are the case: 41,432
(1) The release of information is for purposes directly 41,434
connected to the administration of programs created under Chapter 41,436
5111. of the Revised Code or services provided under programs 41,437
created under that chapter;
(2) The information is released to persons or government 41,439
entities that are subject to standards of confidentiality and 41,440
safeguarding information substantially comparable to those 41,441
established for programs created under Chapter 5111. of the 41,443
Revised Code.
Sec. 5101.28. (A) The state department of human JOB AND 41,452
FAMILY services shall enter into written agreements with law 41,454
enforcement agencies to exchange, obtain, or share information 41,455
regarding public assistance recipients to enable the state 41,456
department, county agencies, and law enforcement agencies to 41,457
determine whether a recipient or a member of a recipient's 41,458
assistance group is either of the following: 41,459
(1) A fugitive felon; 41,461
(2) Violating a condition of probation, a community 41,463
control sanction, parole, or a post-release control sanction 41,464
imposed under state or federal law.
(B) The state department and county agencies shall provide 41,467
930
information regarding recipients of public assistance under a 41,468
program administered by the state department or a county agency
pursuant to Chapter 5107., 5108., or 5115. of the Revised Code to 41,469
law enforcement agencies on request for the purposes of 41,471
investigations, prosecutions, and criminal and civil proceedings 41,472
that are within the scope of the law enforcement agencies' 41,473
official duties.
(C) Information about a recipient shall be exchanged, 41,475
obtained, or shared only if the state department, county agency, 41,476
or law enforcement agency requesting the information gives 41,478
sufficient information to specifically identify the recipient. 41,479
In addition to the recipient's name, identifying information may 41,480
include the recipient's current or last known address, social
security number, other identifying number, age, gender, physical 41,481
characteristics, any information specified in an agreement 41,482
entered into under division (A) of this section, or any 41,483
information considered appropriate by the department or agency. 41,484
(D)(1) The state department and its officers and employees 41,486
are not liable in damages in a civil action for any injury, 41,487
death, or loss to person or property that allegedly arises from 41,488
the release of information in accordance with divisions (A), (B), 41,489
and (C) of this section. This section does not affect any 41,491
immunity or defense that the state department and its officers 41,492
and employees may be entitled to under another section of the 41,494
Revised Code or the common law of this state, including section 41,496
9.86 of the Revised Code.
(2) The county agencies and their employees are not liable 41,498
in damages in a civil action for any injury, death, or loss to 41,499
person or property that allegedly arises from the release of 41,500
information in accordance with divisions (A), (B), and (C) of 41,501
this section. "Employee" has the same meaning as in division (B) 41,503
of section 2744.01 of the Revised Code. This section does not
affect any immunity or defense that the county agencies and their 41,504
employees may be entitled to under another section of the Revised 41,506
931
Code or the common law of this state, including section 2744.02 41,508
and division (A)(6) of section 2744.03 of the Revised Code. 41,509
(E) To the extent permitted by federal law, the state 41,511
department and county agencies shall provide access to 41,512
information to the auditor of state acting pursuant to Chapter 41,513
117. or sections 5101.181 and 5101.182 of the Revised Code and to 41,514
any other government entity authorized by state or federal law to 41,515
conduct an audit of or similar activity involving a public 41,516
assistance program.
(F) The auditor of state shall prepare an annual report on 41,519
the outcome of the agreements required under division (A) of this 41,520
section. The report shall include the number of fugitive felons 41,521
and probation and parole violators apprehended during the 41,522
immediately preceding year as a result of the exchange of 41,523
information pursuant to that division. The auditor of state 41,525
shall file the report with the governor, the president and 41,526
minority leader of the senate, and the speaker and minority 41,527
leader of the house of representatives. The state department, 41,528
county agencies, and law enforcement agencies shall cooperate 41,529
with the auditor of state's office in gathering the information 41,530
required under this division.
(G) To the extent permitted by federal law, the state 41,532
department of human JOB AND FAMILY services, county departments 41,533
of human JOB AND FAMILY services, and employees of the 41,535
departments may report to a public children services agency or 41,536
other appropriate agency information on known or suspected
physical or mental injury, sexual abuse or exploitation, or 41,537
negligent treatment or maltreatment, of a child receiving public 41,538
assistance, if circumstances indicate that the child's health or 41,539
welfare is threatened. 41,540
Sec. 5101.29. When contained in a record held by the state 41,551
department of human JOB AND FAMILY services or a county agency, 41,552
the following are not public records for purposes of section
149.43 of the Revised Code: 41,554
932
(A) Names and other identifying information regarding 41,557
children enrolled in or attending a child day-care center or home 41,558
subject to licensure, certification, or registration under 41,559
Chapter 5104. of the Revised Code;
(B) Names and other identifying information regarding a 41,562
person who makes an oral or written complaint regarding a child 41,563
day-care center or home subject to licensure, certification, or 41,564
registration to the state department or other state or county 41,566
entity responsible for enforcing Chapter 5104. of the Revised 41,567
Code.
Sec. 5101.30. (A) The state department DIRECTOR of human 41,577
JOB AND FAMILY services shall adopt rules in accordance with 41,578
Chapter 119. of the Revised Code implementing sections 5101.26 to 41,579
5101.30 of the Revised Code and governing the custody, use, and 41,580
preservation of the information generated or received by the 41,581
state department OF JOB AND FAMILY SERVICES, county agencies, 41,582
other state and county entities, contractors, grantees, private
entities, or officials participating in the administration of 41,583
public assistance programs. The rules shall specify conditions 41,585
and procedures for the release of information. The rules shall 41,586
comply with applicable federal statutes and regulations. To the 41,587
extent permitted by federal law: 41,588
(1) The rules may permit providers of services or 41,590
assistance under public assistance programs limited access to 41,591
information that is essential for the providers to render 41,592
services or assistance or to bill for services or assistance 41,593
rendered. The department of aging, when investigating a 41,594
complaint under section 173.20 of the Revised Code, shall be 41,595
granted any limited access permitted in the rules pursuant to 41,596
division (A)(1) of this section. 41,597
(2) The rules may permit a contractor, grantee, or other 41,599
state or county entity limited access to information that is 41,600
essential for the contractor, grantee, or entity to perform 41,601
administrative or other duties on behalf of the state department 41,602
933
or county agency. A contractor, grantee, or entity given access 41,603
to information pursuant to division (A)(2) of this section is 41,605
bound by the state department's DIRECTOR'S rules, and disclosure 41,606
of the information by the contractor, grantee, or entity in a 41,607
manner not authorized by the rules is a violation of section 41,609
5101.27 of the Revised Code.
(B) Whenever names, addresses, or other information 41,612
relating to public assistance recipients is held by any agency 41,613
other than the state department or a county agency, that other 41,614
agency shall adopt rules consistent with sections 5101.26 to 41,615
5101.30 of the Revised Code to prevent the publication or 41,616
disclosure of names, lists, or other information concerning those 41,617
recipients.
Sec. 5101.31. (A) As used in this section: 41,626
(1) "Cable television service" has the same meaning as in 41,628
section 2913.01 of the Revised Code. 41,629
(2) "Child support order" has the same meaning as in 41,631
section 2301.373 of the Revised Code. 41,632
(3) "Law enforcement entity" means a public entity that 41,634
employs a law enforcement officer. 41,635
(4) "Obligor" and "obligee" have the same meanings as in 41,638
section 3113.21 of the Revised Code. 41,639
(5) "Public utility" means a person or entity, including 41,641
an entity owned or operated by a municipal corporation or other 41,642
government entity, that is described in division (A) of section 41,644
4905.03 of the Revised Code as a telephone company, electric 41,647
light company, gas company, natural gas company, water-works 41,648
company, heating or cooling company, or sewage disposal system 41,649
company, or that is providing cable television service. 41,650
(6) "Support order" has the same meaning as in section 41,652
2301.34 of the Revised Code. 41,654
(B) The division of child support is hereby created in the 41,657
department of human JOB AND FAMILY services. The division shall
establish and administer a program of child support enforcement, 41,658
934
which program shall meet the requirements of Title IV-D of the 41,659
"Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as 41,660
amended, and any rules adopted under Title IV-D. The program of 41,662
child support enforcement shall include, but not be limited to, 41,663
the location of absent parents, the establishment of parentage, 41,664
the establishment and modification of child support orders and 41,665
medical support orders, the enforcement of support orders, and 41,666
the collection of support obligations.
As part of its efforts to establish parentage, the division 41,668
shall develop a program to publicize the state procedures for 41,669
establishing the existence of a parent and child relationship and 41,670
the advantages of establishing such a relationship. The division 41,671
may require any board, commission, or agency of the state to 41,672
participate in the publicity program.
The department shall charge an application fee of up to 41,674
twenty-five dollars, as determined by rule adopted by the 41,675
department DIRECTOR OF JOB AND FAMILY SERVICES pursuant to 41,677
Chapter 119. of the Revised Code, for furnishing services under 41,678
Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 41,679
U.S.C. 651, as amended, to persons not participating in Ohio 41,680
works first under Chapter 5107. of the Revised Code. The 41,681
department DIRECTOR shall adopt rules pursuant to Chapter 119. of 41,682
the Revised Code authorizing counties, at their option, to waive 41,683
the payment of the fee. The application fee, unless waived 41,684
pursuant to rules adopted by the department DIRECTOR pursuant to 41,685
this section, shall be paid by those persons. 41,686
(C) The division of child support shall establish, by rule 41,688
adopted pursuant to Chapter 119. of the Revised Code, a program 41,689
of spousal support enforcement in conjunction with child support 41,690
enforcement. The program shall conform, to the extent 41,691
practicable, to the program for child support enforcement 41,692
established pursuant to division (B) of this section. 41,693
(D) The department of human JOB AND FAMILY services shall 41,695
enter into an agreement with the secretary of health and human 41,696
935
services, as authorized by the "Parental Kidnapping Prevention 41,697
Act of 1980," 94 Stat. 3572, 42 U.S.C. 663, as amended, under 41,698
which the services of the parent locater service established 41,699
pursuant to Title IV-D of the "Social Security Act," 88 Stat. 41,700
2351 (1975), 42 U.S.C. 651, as amended, shall be made available 41,701
to this state for the purpose of determining the whereabouts of 41,702
any absent parent or child in order to enforce a law with respect 41,703
to the unlawful taking or restraint of a child, or to make or 41,704
enforce a determination as to the allocation, between the parents 41,705
of a child, of the parental rights and responsibilities for the 41,706
care of a child and the designation of the residential parent and 41,707
legal custodian of a child or otherwise as to the custody of a 41,708
child. 41,709
(E) The division of child support shall not use any social 41,711
security number made available to it under section 3705.07 of the 41,712
Revised Code for any purpose other than child support 41,713
enforcement. 41,714
(F)(1) Except as provided by the rules adopted pursuant to 41,716
division (F)(2) of this section, no person shall do either of the 41,718
following:
(a) Disclose information concerning applicants for and 41,720
recipients of Title IV-D support enforcement program services 41,722
provided by a child support enforcement agency; 41,723
(b) Disclose any information collected pursuant to 41,725
division (G) of this section. 41,726
(2) The division DIRECTOR of child support JOB AND FAMILY 41,729
SERVICES shall adopt rules governing access to, and use and 41,731
disclosure of, the information described in division (F)(1) of 41,732
this section. The rules shall be consistent with the 41,733
requirements of Title IV-D of the "Social Security Act," 88 Stat. 41,734
2351 (1975), 42 U.S.C. 651, as amended, and any rules adopted 41,735
under Title IV-D.
(G)(1) Except as provided in division (G)(4) of this 41,738
section, the division of child support shall have access to all 41,740
936
of the following unless release of the information is prohibited 41,741
by federal or state law:
(a) Any information in the possession of any officer or 41,743
entity of the state or any political subdivision of the state 41,745
that would aid the division in locating an absent parent or child 41,747
pursuant to division (D) of this section; 41,748
(b) Any information concerning the employment, 41,750
compensation, and benefits of any obligor or obligee subject to a 41,752
support order in the possession of any person;
(c) The name and address of any obligor or obligee subject 41,755
to a support order and the obligor's or obligee's employer in the 41,756
customer records of a public utility.
(2) The person or entity required to provide information 41,760
pursuant to division (G)(1) of this section, may provide such 41,761
information to a child support enforcement agency at the agency's 41,762
request or require the agency to request that the division of 41,763
child support request the information for the agency. The 41,764
division shall request the information from the person or entity 41,766
on the request of a child support enforcement agency. 41,767
(3) An officer or entity of the state or political 41,769
subdivision of the state or any other person who provides 41,771
information pursuant to this division shall not be subject to 41,773
criminal or civil liability for providing the information. 41,774
(4)(a) The department of taxation shall not provide any 41,777
information to the division, except as provided in division 41,778
(G)(4) of this section. For purposes of the establishment of 41,779
paternity, the establishment, modification, or enforcement of 41,780
support orders, and the location of absent parents pursuant to 41,781
child support enforcement activities, the division of child 41,782
support is authorized to have access to information concerning 41,783
the residential address, employer, income, and assets of 41,784
taxpayers if that information is contained in the state tax 41,785
records maintained by the department. The division shall 41,786
reimburse the department for the cost of access to, and
937
obtainment of, the information described in division (G)(4)(a) of 41,788
this section. The department of taxation shall not provide any 41,789
information to the division if the provision of the information 41,790
is prohibited by state or federal law. 41,791
(b) The department of taxation or its officers and 41,793
employees shall not be subject to criminal or civil liability for 41,794
providing access to the information described in division 41,795
(G)(4)(a) of this section. The information obtained pursuant to 41,797
division (G)(4)(a) of this section is subject to the 41,799
nondisclosure requirements of division (F) of this section. 41,800
(5) No person or entity, other than an officer or entity 41,803
of the state or a political subdivision of the state, shall fail 41,805
to provide information as required by division (G)(1) or (2) of 41,806
this section. A person or entity that fails to provide the 41,808
information may be fined five hundred dollars. The department of 41,809
human JOB AND FAMILY services shall file an action in the court 41,810
of common pleas of Franklin county, requesting that the court 41,812
impose the fine for failure to provide the information. If the 41,813
court determines that the person or entity failed to provide the 41,814
information, it may impose the fine. The court shall direct that 41,815
the fine be paid to the department of human JOB AND FAMILY 41,817
services.
Sec. 5101.312. (A) As used in this section: 41,827
(1) "Support order" has the same meaning as in section 41,830
2301.34 of the Revised Code.
(2) "Employee" does not include an individual performing 41,832
intelligence or counterintelligence functions for a state agency, 41,834
if the head of the agency has determined that reporting pursuant 41,835
to this section could endanger the safety of the employee or 41,836
compromise an ongoing investigation or intelligence mission. 41,837
(3) "Employer" means any person or governmental entity 41,840
other than the federal government for which an individual 41,841
performs any service, of whatever nature, as the employee of such 41,842
person, except that: 41,843
938
(a) If the person for whom the individual performs 41,845
services does not have control of the payment of compensation for 41,847
the services, "employer" means the person having control of the 41,848
payment of the compensation;
(b) In the case of a person paying compensation on behalf 41,850
of a nonresident alien individual, foreign partnership, or 41,851
foreign corporation not engaged in trade or business within the 41,852
United States, "employer" means the person paying the 41,853
compensation.
(4) "Obligor" means a person required to pay support under 41,855
a support order. 41,857
(B)(1) Except as provided in division (B)(2) of this 41,860
section, every employer shall report to the department of human 41,863
JOB AND FAMILY services the hiring, rehiring, or return to work 41,864
as an employee of a person who resides, works, or will be 41,865
assigned to work in this state to whom the employer anticipates 41,866
paying compensation.
(2) An employer that has employees in two or more states 41,869
and that transmits reports magnetically or electronically may 41,870
make the report required by this section to another state if the 41,871
employer does both of the following:
(a) Notifies the Ohio department of human JOB AND FAMILY 41,873
services and the United States secretary of health and human 41,875
services in writing that the employer has designated another 41,876
state as the state to which the employer will transmit the 41,878
report;
(b) Transmits the report to that state in compliance with 41,881
federal law.
(C) An employer shall include all of the following in each 41,883
report: 41,884
(1) The employee's name, address, date of birth, social 41,887
security number, and date of hire, rehire, or return to work; 41,888
(2) The employer's name, address, and identification 41,890
number.
939
(D) An employer may make a report by submitting a copy of 41,892
the United States internal revenue service form W-4 (employee's 41,894
withholding allowance certificate) for the employee, a form
provided by the department, or any other hiring document or data 41,895
storage device or mechanism the department authorizes. An 41,896
employer may make the report by mail, fax, magnetic or electronic 41,897
means, or other means the department authorizes. If an employer 41,898
makes a report by mail, the date of making the report is the 41,899
postmark date if the report is mailed in the United States with 41,900
first class postage and is addressed as the department 41,901
authorizes. An employer shall make the report not later than 41,902
twenty days after the date on which the employer hires or rehires 41,904
an employee or the employee returns to work. 41,905
(E)(1) The department shall, within five days of receipt 41,908
from an employer, enter the information described in division (C) 41,909
of this section into a directory, which shall be part of or 41,910
accessible to the automated data processing system required 41,911
pursuant to section 5101.322 of the Revised Code. 41,914
(2) The department shall make comparisons of the social 41,917
security numbers obtained pursuant to this section and the social 41,918
security numbers appearing in the registry maintained pursuant to 41,919
section 5101.319 of the Revised Code.
(3) Within two business days after information is entered 41,921
into the directory pursuant to this division, if the comparison 41,922
conducted by the department pursuant to division (E)(2) of this 41,924
section results in a match the department shall notify the child 41,926
support enforcement agency administering the support order. On
receipt of the notice the agency shall send a notice to the 41,928
employer pursuant to division (B) of section 3111.23 or division 41,929
(D) of section 3113.21 of the Revised Code, unless the employee's 41,932
income is not subject to withholding, and shall take any other 41,933
appropriate action under sections 3111.20 to 3111.28 and 3113.21 41,934
to 3113.219 of the Revised Code. 41,936
(4)(a) Within three business days after information is 41,938
940
entered into the directory pursuant to this division, the 41,939
department shall furnish the information to the national 41,940
directory of new hires. 41,941
(b) HIRES. The bureau of employment services DEPARTMENT 41,944
shall furnish to the national directory of new hires on a
quarterly basis such information contained in the records of the 41,946
bureau of employment services DEPARTMENT as is required by state 41,947
and federal law. 41,948
(F) The department shall use the reports it receives 41,950
pursuant to this section to locate individuals for the purposes 41,952
of establishing paternity; establishing, modifying, and enforcing
support orders being administered by child support enforcement 41,954
agencies in this state; and to detect fraud in any program 41,956
administered by the department. The department DIRECTOR OF JOB 41,957
AND FAMILY SERVICES shall adopt rules in accordance with Chapter
119. of the Revised Code to implement this section. 41,958
The reports shall not be considered public records for 41,960
purposes of section 149.43 of the Revised Code, and the 41,962
department may adopt rules under section 5101.31 of the Revised 41,964
Code governing access to, and use and disclosure of, information 41,966
contained in the reports. The department DIRECTOR OF JOB AND 41,967
FAMILY SERVICES may disclose information in the reports to any 41,968
agent of the department or child support enforcement agency that 41,969
is under contract with the department for the purposes listed in 41,970
this division. The department DIRECTOR may submit to the bureau 41,972
of workers' compensation or the bureau of employment services a
copy of any report it receives from an employer pursuant to this 41,973
section.
(G) An employer who fails to make a report required by 41,976
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 41,978
each failure to make a report.
If the failure to make a report is the result of a 41,980
conspiracy between the employer and the employee not to supply 41,981
941
the report or to supply a false or incomplete report, the 41,982
department of human JOB AND FAMILY services shall require the 41,983
employer to pay a fee of less than five hundred dollars for each 41,985
such failure.
Sec. 5101.313. The division of child support in the 41,994
department of human JOB AND FAMILY services and a child support
enforcement agency may examine the putative father registry 41,996
established under section 3107.062 of the Revised Code to locate
an absent parent for the purpose of the division or agency 41,998
carrying out its duties under the child and spousal support 41,999
enforcement programs established under section 5101.31 of the 42,000
Revised Code. Neither the division nor an agency shall use the
information it receives from the registry for any purpose other 42,001
than child and spousal support enforcement. 42,002
Sec. 5101.314. (A)(1) The natural father, natural mother, 42,012
or other custodian or guardian of a child, a child support
enforcement agency pursuant to section 3111.21 of the Revised 42,013
Code, a local registrar of vital statistics pursuant to section 42,016
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 42,018
file an acknowledgment of paternity with the division of child 42,019
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 42,020
shall be made on the affidavit prepared pursuant to section 42,022
5101.324 of the Revised Code, shall be signed by the natural 42,024
father and the natural mother, and each signature shall be 42,025
notarized. The natural father and mother may sign and have the 42,027
signature notarized outside of each other's presence. An 42,029
acknowledgment shall be sent to the division no later than ten 42,030
days after it has been signed and notarized. If a person knows a 42,031
man is presumed under section 3111.03 of the Revised Code to be 42,033
the father of the child described in this section, the person 42,034
shall not notarize or file an acknowledgment with respect to the 42,035
942
child pursuant to this section.
(2)(a) On the filing of an acknowledgment pursuant to 42,037
division (A)(1) of this section, the division shall examine the 42,040
acknowledgment to determine whether it is completed correctly. 42,041
The division shall make the examination no later than five days 42,042
after the acknowledgment is filed. If the acknowledgment is 42,043
completed correctly, the division shall comply with division 42,044
(A)(2)(b) of this section. If the acknowledgment is not 42,046
completed correctly, the division shall return it to the person 42,047
or entity that filed it. The person or entity shall have ten 42,048
days from the date the division sends the acknowledgment back to 42,049
correct it and return it to the division. The division shall 42,050
send, along with the acknowledgment, a notice stating what needs 42,051
to be corrected and the amount of time the person or entity has 42,052
to make the corrections and return the acknowledgment to the 42,053
division.
If the person or entity returns the acknowledgment in a 42,055
timely manner, the division shall examine the acknowledgment 42,056
again to determine whether it has been correctly completed. If 42,057
the acknowledgment has been correctly completed, the division 42,058
shall comply with division (A)(2)(b) of this section. If the 42,060
acknowledgment has not been correctly completed the second time 42,061
or if the acknowledgment is not returned to the division in a 42,062
timely manner, the acknowledgment is invalid and the division 42,063
shall return it to the person or entity and shall not enter it 42,064
into the birth registry. If the division returns an 42,065
acknowledgment the second time, it shall send a notice to the
person or entity stating the errors in the acknowledgment and 42,066
that the acknowledgment is invalid. 42,067
(b) If the division determines an acknowledgment is 42,069
correctly completed, the division shall enter the information on 42,071
the acknowledgment into the birth registry pursuant to division 42,072
(D) of this section. After entering the information in the 42,074
registry, the division shall send the acknowledgment to the 42,075
943
department of health for storage pursuant to section 3705.091 of 42,076
the Revised Code. The division may request that the department 42,079
of health send back to the division any acknowledgment that is 42,080
being stored by the department of health pursuant to that 42,081
section.
(3) An acknowledgment of paternity is final and 42,083
enforceable without ratification by a court when either of the 42,084
following has occurred:
(a) The acknowledgment has become final pursuant to 42,086
section 2151.232 or 3111.211 of the Revised Code. 42,087
(b) The acknowledgment has been filed pursuant to division 42,090
(A)(1) of this section, the information on the acknowledgment has 42,092
been entered in the birth registry pursuant to division (D) of 42,093
this section, the acknowledgment has not been rescinded pursuant 42,094
to division (B) of this section, and more than sixty days have 42,095
elapsed since the date of the last signature on the 42,096
acknowledgment.
Thereafter, the child is the child of the man who signed 42,100
the acknowledgment of paternity, as though born to him in lawful 42,101
wedlock, and, if the mother is unmarried, the man who signed the 42,102
acknowledgment of paternity, the parents of the man who signed 42,103
the acknowledgment of paternity, any relative of the man who 42,104
signed the acknowledgment of paternity, the parents of the 42,105
mother, and any relative of the mother may file a complaint
pursuant to section 3109.12 of the Revised Code requesting the 42,106
granting under that section of reasonable companionship or 42,107
visitation rights with respect to the child. 42,108
(4) Once the acknowledgment becomes final pursuant to this 42,111
section or section 2151.232 or 3111.211 of the Revised Code, all
of the following apply: 42,112
(a) The man who signed the acknowledgment of paternity 42,114
assumes the parental duty of support. Notwithstanding section 42,115
3109.01 of the Revised Code, the parental duty of support of the 42,117
father to the child shall continue beyond the age of majority as 42,118
944
long as the child attends on a full-time basis any recognized and 42,119
accredited high school or a child support order provides that the 42,121
duty of support continues beyond the age of majority. Except in 42,122
cases in which a child support order provides that the duty of 42,124
support continues for any period after the child reaches nineteen 42,125
years of age, the order shall not remain in effect after the 42,126
child reaches nineteen years of age.
(b) The mother or other custodian or guardian of the child 42,128
may file a complaint pursuant to section 2151.231 of the Revised 42,129
Code in the court of common pleas of the county in which the 42,130
child or the guardian or legal custodian of the child resides 42,131
requesting the court to order the father to pay an amount for the 42,132
support of the child, may contact the child support enforcement 42,133
agency for assistance in obtaining the order, or may request an 42,134
administrative officer of a child support enforcement agency to 42,135
issue an administrative order for the payment of child support 42,136
pursuant to division (D) of section 3111.20 of the Revised Code. 42,137
(c) The division shall notify the department of health of 42,140
the acknowledgment. If the original birth record is inconsistent
with the acknowledgment that has become final, on receipt of the 42,141
notice, the department of health shall, in accordance with 42,143
section 3705.09 of the Revised Code, prepare a new birth record
consistent with the acknowledgment that has become final and 42,144
substitute the new record for the original birth record. 42,145
(B)(1) No later than sixty days after the date of the 42,148
latest signature on an acknowledgment of paternity filed with the 42,149
division pursuant to division (A) of this section, either person 42,151
who signed the acknowledgment may rescind it by doing both of the 42,152
following:
(a) Requesting a determination of the existence or 42,155
nonexistence of a parent and child relationship pursuant to 42,156
section 3111.22 of the Revised Code with respect to the child who 42,158
is the subject of the acknowledgment.
(b) Notifying the division in writing that the party has 42,161
945
complied with the requirements of division (B)(1)(a) of this 42,163
section and the name of the child support enforcement agency 42,164
conducting the genetic tests. 42,165
On the same day that the division receives the notice 42,167
described in division (B)(1)(b) of this section, it shall contact 42,169
the agency indicated in the notice to verify that the party 42,170
sending the notice has complied with the requirements of division 42,171
(B)(1)(a) of this section. If the division verifies compliance 42,173
with division (B)(1)(a) of this section and the notice under 42,175
division (B)(1)(b) of this section was sent within the time limit 42,176
required by this division, the recision of the acknowledgment 42,177
shall be effective as of the date the division received the 42,178
notice. If the division is unable to verify that the requirement 42,179
of division (B)(1)(a) of this section has been met, the 42,181
acknowledgment shall not be rescinded.
(2) After an acknowledgment becomes final pursuant to this 42,183
section or section 2151.232 or 3111.211 of the Revised Code, a 42,184
man presumed to be the father of the child pursuant to section 42,186
3111.03 of the Revised Code who did not sign the acknowledgment,
either person who signed the acknowledgment, or a guardian or 42,187
legal custodian of the child may bring an action to rescind the 42,188
acknowledgment on the basis of fraud, duress, or material mistake 42,190
of fact. The court shall treat the action as an action to 42,191
determine the existence or nonexistence of a parent and child 42,192
relationship pursuant to sections 3111.01 to 3111.19 of the 42,193
Revised Code. An action pursuant to division (B)(2) of this 42,194
section shall be brought no later than one year after the 42,195
acknowledgment becomes final. The action may be brought in one 42,196
of the following courts in the county in which the child, the 42,197
guardian or custodian of the child, or either person who signed 42,198
the acknowledgment resides:
(a) The juvenile court; 42,200
(b) The domestic relations division of the court of common 42,203
pleas that has jurisdiction pursuant to section 2301.03 of the 42,204
946
Revised Code to hear and determine cases arising under Chapter 42,205
3111. of the Revised Code. 42,206
(C) A court or child support enforcement agency, whichever 42,209
is applicable, shall file the following with the division: 42,210
(1) An order issued pursuant to section 3111.13 of the 42,212
Revised Code on or after the effective date of this amendment. 42,214
(2) An order issued pursuant to section 3111.22 of the 42,217
Revised Code on or after the effective date of this amendment
that has become final and enforceable. 42,218
On the filing of an order pursuant to division (C) of this 42,221
section, the division shall enter the information on the order in 42,223
the birth registry pursuant to division (D) of this section. 42,224
(D)(1) The division of child support in the department of 42,227
human JOB AND FAMILY services shall establish and maintain a 42,228
birth registry that shall contain all of the following 42,229
information contained in orders determining the existence of a 42,230
parent and child relationship and acknowledgments of paternity 42,231
required to be filed with the division pursuant to division (A) 42,232
or (C) of this section: 42,233
(a) The names of the parents of the child subject to the 42,236
order or acknowledgment;
(b) The name of the child; 42,238
(c) The resident address of each parent and each parent's 42,241
social security number.
(2) The registry established pursuant to this section 42,243
shall be maintained as part of and be accessible through the 42,244
automated system created pursuant to section 5101.322 of the 42,245
Revised Code. The division shall make comparisons of the 42,246
information in the registry with the information maintained by 42,247
the department of human JOB AND FAMILY services pursuant to 42,248
sections 5101.312 and 5101.313 of the Revised Code. The 42,250
department shall make the comparisons in the manner and in the 42,251
time intervals required by the rules adopted pursuant to division 42,252
(E) of this section. 42,253
947
(E) The department DIRECTOR of human JOB AND FAMILY 42,256
services shall adopt rules pursuant to Chapter 119. of the 42,257
Revised Code to implement the requirements of this section that 42,258
are consistent with Title IV-D of the "Social Security Act," as 42,260
amended by the "Personal Responsibility and Work Opportunity 42,261
Reconciliation Act of 1996," 110 Stat. 2105., 42 U.S.C. 651 et 42,262
seq.
(F) As used in this section, "birth record" has the same 42,264
meaning as in section 3705.01 of the Revised Code. 42,265
Sec. 5101.315. (A) As used in this section: 42,274
(1) "Financial institution," "obligor," and "obligee" have 42,277
the same meanings as in section 3113.21 of the Revised Code. 42,279
(2) "Support order" has the same meaning as in section 42,282
2301.34 of the Revised Code. 42,283
(B) The division of child support in the department of 42,285
human JOB AND FAMILY services shall enter into an agreement with 42,286
at least one financial institution doing business in this state. 42,287
The agreement shall provide the division access to account 42,288
information specified in this section for the purposes of 42,289
establishing, modifying, or enforcing support orders. The 42,290
agreement shall specify the manner in which the information is to 42,291
be provided and shall require that the division be afforded 42,292
access to the following information each calendar quarter 42,293
concerning all obligors in default under support orders being 42,294
administered by child support enforcement agencies in this state 42,295
who maintain an account with the financial institution: 42,296
(1) The obligor's name; 42,298
(2) The obligor's address; 42,300
(3) The obligor's social security number or taxpayer 42,302
identification number; 42,303
(4) The type of account maintained by the obligor, such as 42,305
a savings, checking, or money market mutual fund account; 42,306
(5) Whether another person has an ownership interest in the 42,309
account, including a list of all persons having an ownership
948
interest in the account as reflected on the signature card or 42,310
similar document on file with the financial institution; 42,311
(6) Any other information agreed to by the parties. 42,313
(C) A financial institution that responds to a request or 42,316
provides information to the division pursuant to an agreement 42,318
entered into under this section shall be reimbursed for the
actual, reasonable costs incurred in responding to the request or 42,320
providing the information, including salaries, benefits, 42,321
equipment, computer software, and any modifications to processing 42,322
or record-keeping systems made necessary by this section. 42,323
(D) Information obtained from a financial institution 42,326
pursuant to an agreement entered into under division (B) of this 42,327
section is not a public record for the purposes of section 149.43 42,329
of the Revised Code. No person or government entity that obtains 42,331
information concerning an account holder from a financial 42,332
institution pursuant to an agreement under division (B) of this 42,333
section shall disclose the information for purposes other than 42,334
the establishment, modification, or enforcement of a support 42,335
order.
(E) Financial institutions or their officers, directors, 42,338
and employees shall not be subject to criminal or civil liability 42,339
for disclosing or releasing information concerning an account 42,340
holder to the division pursuant to an agreement entered into 42,341
under division (B) of this section, or for any other action taken 42,343
in good faith to comply with such an agreement, regardless of 42,344
whether such action was specifically authorized or described in 42,345
the agreement.
(F) The department DIRECTOR of human JOB AND FAMILY 42,348
services shall adopt rules pursuant to Chapter 119. of the 42,349
Revised Code that do the following:
(1) Govern the provisions of an agreement required 42,351
pursuant to this section and the procedure for entering into such 42,353
an agreement;
(2) Govern reimbursements under division (C) of this 42,355
949
section.
Sec. 5101.316. The department of human JOB AND FAMILY 42,364
services may enter into an agreement with a foreign country for 42,365
the establishment of and enforcement of support orders issued 42,366
under the laws of that country if that country, as part of the 42,367
agreement, agrees to enforce support orders issued under the laws 42,368
of this state. The department must provide services under the 42,369
program of support enforcement established pursuant to this 42,370
section to a foreign country with which the department has an 42,371
agreement under this section and to a foreign country declared to 42,372
be a foreign reciprocating country under section 459A of the 42,374
"Social Security Act," as amended by the "Personal Responsibility 42,379
and Work Opportunity Reconciliation Act of 1996," 110 Stat. 2105, 42,381
42 U.S.C. 659A, that requests the services. The department shall 42,382
provide the services without imposing an application fee or any 42,383
other cost on the foreign country or the obligee requesting the 42,384
services. The department may impose the application fee or other 42,386
costs on the obligor under the support order. The department 42,387
DIRECTOR OF JOB AND FAMILY SERVICES shall adopt rules pursuant to 42,389
Chapter 119. of the Revised Code governing the procedure for 42,391
entering into a contract pursuant to this section, the provisions 42,392
of the contract, and the provision of support enforcement 42,393
services, which rules shall be consistent with sections 454 and 42,394
459A of the "Social Security Act," as amended by the "Personal 42,395
Responsibility and Work Opportunity Reconciliation Act of 1996," 42,396
110 Stat. 2105, 42 U.S.C. 654 and 659A and regulations adopted 42,397
under the act.
Sec. 5101.317. (A) The department of human JOB AND FAMILY 42,406
services shall provide annual reviews of and reports to the 42,407
secretary of health and human services concerning programs 42,408
operated under Title IV-D of the "Social Security Act," 88 Stat. 42,410
2351 (1975), 42 U.S.C. 651, as amended by the "Personal 42,411
Responsibility and Work Opportunity Reconciliation Act of 1996," 42,413
110 Stat. 2105, pursuant to rules adopted by the department under 42,414
950
division (B) of this section.
(B) The department DIRECTOR of human JOB AND FAMILY 42,417
services shall adopt rules in accordance with Chapter 119. of the 42,418
Revised Code that establish the following: 42,419
(1) Procedures for annual reviews of and reports to the 42,421
secretary of health and human services on the programs operated 42,422
under Title IV-D of the "Social Security Act," as amended, 42,424
including information necessary to measure compliance with 42,425
federal requirements for expedited procedures;
(2) Procedures for transmitting data and calculations 42,427
regarding levels of accomplishment and rates of improvement for 42,428
paternity establishment and child support enforcement from the 42,429
automatic data processing system required under section 5101.322 42,430
of the Revised Code to the secretary of health and human 42,433
services.
Sec. 5101.319. (A) As used in this section: 42,444
(1) "Child support order" has the same meaning as in 42,446
section 2301.373 of the Revised Code. 42,447
(2) "Support order," "obligor," and "obligee" have the 42,449
same meaning as in section 2301.34 of the Revised Code. 42,452
(B) The division of child support in the department of 42,455
human JOB AND FAMILY services shall establish and maintain a case 42,456
registry of all support orders being administered or otherwise 42,457
handled by a child support enforcement agency. The registry 42,458
shall include all of the following information:
(1) The name, social security number, driver's license 42,460
number, other identification number, residence telephone number, 42,461
and date of birth of each obligor and obligee under a support 42,462
order; 42,463
(2) Payment information including the periodic support 42,465
amount due, arrearages, penalties for late payment, fees, amounts 42,467
collected, and amounts distributed under a support order; 42,468
(3) Liens imposed on real and personal property to recover 42,471
arrearages under a support order;
951
(4) With respect to a child support order, the name and 42,473
birthdate of each child subject to the order; 42,474
(5) Information obtained pursuant to an agreement under 42,476
section 5101.315 of the Revised Code; 42,477
(6) Any other information required by the department of 42,479
human services pursuant to rules adopted under division (F) of 42,481
this section.
(C) The registry established pursuant to this section 42,484
shall be maintained as part of the automated system created 42,485
pursuant to section 5101.322 of the Revised Code and shall be 42,487
accessed through the system. The division and each child support 42,488
enforcement agency shall monitor and update the registry, and 42,489
each agency shall enter the information described in division (B) 42,491
of this section in the registry in accordance with rules adopted 42,492
pursuant to division (F) of this section. 42,493
(D) The division shall make comparisons of the information 42,496
in the registry with the information maintained by the department 42,497
of human JOB AND FAMILY services pursuant to sections 5101.312
and 5101.314 of the Revised Code. The division shall make the 42,500
comparisons in the manner and in the time intervals required by 42,501
the rules adopted pursuant to division (F) of this section. The 42,502
division shall make reports of information in the registry to 42,503
other entities of the state, the federal government, and other 42,504
states as required by the rules adopted pursuant to division (F) 42,506
of this section.
(E)(1) Each child support enforcement agency shall enter 42,509
information into the case registry and maintain and update that 42,510
information consistent with sections 454 and 454A of the "Social 42,511
Security Act" as amended by the "Personal Responsibility and Work 42,513
Opportunity Reconciliation Act of 1996," 110 Stat. 2105, 42 42,514
U.S.C. 654 and 654A and any federal regulations adopted under the 42,516
act.
(2) The division and each child support enforcement agency 42,519
shall monitor the registry consistent with sections 454 and 454A 42,520
952
of the "Social Security Act" as amended by the "Personal 42,522
Responsibility and Work Opportunity Reconciliation Act of 1996," 42,523
and any federal regulations adopted under the act. 42,524
(3) The division shall make comparisons of information in 42,527
the case registry with information maintained by the department 42,528
pursuant to sections 5101.312 and 5101.314 of the Revised Code 42,530
and provide information in the case registry to other entities of 42,531
the state, the federal government, and other states consistent 42,532
with sections 453A(f), 454(16) and (28), 454A(f), and 42,534
466(a)(5)(M) of the "Social Security Act" as amended by the
"Personal Responsibility and Work Opportunity Reconciliation Act 42,536
of 1996," 42 U.S.C. 653A(f), 654(16) and (28), 654A(f), and 42,537
666(a)(5)(M) and any federal regulations adopted under the act. 42,538
(F) The department DIRECTOR of human JOB AND FAMILY 42,541
services shall adopt rules in accordance with Chapter 119. of the 42,542
Revised Code that do both of the following: 42,543
(1) Establish procedures governing actions required by 42,545
division (E) of this section; 42,546
(2) Designate any additional information that must be 42,548
placed in the case registry consistent with section 454A(e)(3) of 42,550
the "Social Security Act" as amended by the "Personal 42,551
Responsibility and Work Opportunity Reconciliation Act of 1996," 42,552
42 U.S.C. 654A(e)(3) and any federal regulations adopted under 42,553
the act.
Sec. 5101.32. The division of child support created in the 42,563
department of human JOB AND FAMILY services under section 5101.31 42,564
of the Revised Code shall work with the secretary of the treasury 42,565
to collect past-due child support from refunds of paid federal 42,566
taxes that are payable to the individual who owes the past-due
support in accordance with section 664 of Title IV-D of the 42,567
"Social Security Act," 95 Stat. 860 (1981), 42 U.S.C. 664, as 42,568
amended. The division DIRECTOR OF JOB AND FAMILY SERVICES shall 42,569
adopt rules in accordance with Chapter 119. of the Revised Code 42,570
to establish procedures necessary to obtain payments of past-due 42,571
953
support from federal tax overpayments made to the secretary. 42,572
Sec. 5101.321. (A) The division of child support created 42,581
in the department of human JOB AND FAMILY services under section 42,582
5101.31 of the Revised Code shall work with the tax commissioner 42,583
to collect overdue child support from refunds of paid state 42,584
income taxes under Chapter 5747. of the Revised Code that are 42,585
payable to obligors. 42,586
(B) No overdue child support shall be collected from 42,588
refunds of paid state income taxes as provided in division (A) of 42,589
this section unless all of the following conditions are met: 42,590
(1) Any reduction authorized by section 5747.12 of the 42,592
Revised Code has first been made, except as otherwise provided in 42,593
division (B) of this section; 42,594
(2) The refund payable to the obligor is not less than 42,596
twenty-five dollars after any reduction pursuant to section 42,597
5747.12 of the Revised Code; 42,598
(3) The obligor is not less than three months in arrears 42,600
in his THE OBLIGOR'S payment of child support and the amount of 42,601
the arrearage is not less than one hundred fifty dollars. 42,603
Overdue child support shall be collected from such refunds 42,605
before any part of the refund is used as a contribution pursuant 42,606
to section 5747.113 of the Revised Code. Overdue child support 42,607
shall be collected from such refunds before the refund or any 42,608
part of the refund is credited against tax due in any subsequent 42,609
year pursuant to section 5747.12 of the Revised Code, 42,610
notwithstanding the consent of the obligor for such crediting. 42,611
(C) The division DIRECTOR OF JOB AND FAMILY SERVICES, in 42,613
conjunction with the tax commissioner, shall adopt rules, 42,614
pursuant to Chapter 119. of the Revised Code, to establish 42,615
procedures to implement this section. These procedures shall 42,616
embody principles of due process of law, including, but not 42,617
limited to, notices to interested parties and opportunities to be 42,618
heard prior to the reduction of any state income tax refund. 42,619
(D) As used in this section, "obligor" means a person who 42,621
954
owes "overdue support," as defined in section 666 of Title IV-D 42,622
of the "Social Security Act," 98 Stat. 1306 (1984), 42 U.S.C. 42,623
666, as amended, and any rules promulgated under Title IV-D. 42,624
Sec. 5101.322. (A) The department of human JOB AND FAMILY 42,633
services shall establish and maintain a statewide, automated data 42,634
processing system in compliance with Title IV-D of the "Social 42,635
Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended by 42,636
the "Personal Responsibility and Work Opportunity Reconciliation 42,638
Act of 1996," 110 Stat. 2105, to support the enforcement of child 42,639
support that shall be implemented in every county. Every county 42,640
shall accept the automated system and, in accordance with the 42,642
written instructions of the department for the implementation of 42,643
the automated system, shall convert to the automated system all 42,644
records that are maintained by any county entity and that are 42,645
related to any case for which a local agency is enforcing a child 42,646
support order in accordance with Title IV-D of the "Social 42,647
Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended by 42,648
the "Personal Responsibility and Work Reconciliation Act of 42,650
1996," 110 Stat. 2105.
(B) The department DIRECTOR OF JOB AND FAMILY SERVICES 42,652
shall adopt rules pursuant to Chapter 119. of the Revised Code 42,654
concerning access to, and use of, data maintained in the 42,655
automated system that do the following:
(1) Permit access to and use of data only to the extent 42,657
necessary to carry out programs under Title IV-D of the "Social 42,659
Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended by 42,660
the "Personal Responsibility and Work Opportunity Reconciliation 42,661
Act of 1996," 110 Stat. 2105, and specify the data that may be 42,662
used for particular program purposes, and the personnel permitted 42,663
access to the data; 42,664
(2) Require monitoring of access to and use of the 42,666
automated system to prevent and promptly identify unauthorized 42,667
use; 42,668
(3) Establish procedures to ensure that all personnel who 42,670
955
may have access to or be required to use data are informed of 42,671
applicable requirements and penalties and have been trained in 42,672
security procedures; 42,673
(4) Establish administrative penalties, up to and 42,675
including dismissal from employment, for unauthorized access to, 42,676
or disclosure or use of, data. 42,677
Sec. 5101.323. (A)(1) The division of child support in 42,687
the department of human JOB AND FAMILY services shall establish a 42,688
program to increase child support collections by publishing and 42,689
distributing a series of posters displaying child support 42,690
obligors who are delinquent in their support payments. Each 42,691
poster shall display photographs of, and information about, ten 42,692
obligors who are liable for support arrearages and whose 42,693
whereabouts are unknown to child support enforcement agencies. 42,694
Each poster shall list a toll-free telephone number for the 42,695
division of child support that may be called to report 42,696
information regarding the whereabouts of any of the obligors 42,697
displayed on a poster. The division may include any other 42,698
information on the poster that it considers appropriate. 42,699
(2) Any child support enforcement agency that chooses to 42,701
participate in the poster program established under division 42,702
(A)(1) of this section may submit names of obligors that meet the 42,703
criteria in division (B) of this section to the division. The 42,704
division shall select obligors to be displayed on a poster from 42,705
the names submitted by the agencies. 42,706
(3) The division shall send notice to each obligor whose 42,708
name was submitted to be displayed on the poster. The notice 42,709
shall be sent by regular mail to the obligor's last known address 42,710
and shall state that the obligor may avoid being included on the 42,711
poster by doing all of the following within ninety days after 42,712
receipt of the notice: 42,713
(a) Make a payment to the division of child support or, 42,716
pursuant to division (H)(4) of section 2301.35 of the Revised
Code, the child support enforcement agency that is at least equal 42,718
956
to the amount of support the obligor is required to pay each 42,719
month under the support order;
(b) Provide the child support enforcement agency with the 42,721
obligor's current address; 42,722
(c) Provide the agency with evidence from each of the 42,724
obligor's current employers of the obligor's current wages, 42,725
salary, and other compensation; 42,726
(d) Provide the agency with evidence that the obligor has 42,728
arranged for withholding from the obligor's wages, salary, or 42,729
other compensation to pay support and for payment of arrearages. 42,730
(4) The child support enforcement agency shall determine 42,732
whether any obligor whose name was submitted to be displayed on a 42,733
poster has met all the conditions of division (A)(3) of this 42,734
section. If it determines that an obligor has done so, it shall 42,735
give the division notice of its determination. On receipt of the 42,736
notice from the agency, the division shall remove the obligor 42,737
from the list of obligors submitted by that agency before making 42,738
the final selection of obligors for the poster. 42,739
(5) The division shall publish and distribute the first 42,741
set of posters throughout the state not later than October 1, 42,742
1992. The division shall publish and distribute subsequent sets 42,743
of posters not less than twice annually. 42,744
(B) A child support enforcement agency may submit the name 42,746
of a delinquent obligor to the division for inclusion on a poster 42,747
only if all of the following apply: 42,748
(1) The obligor is subject to a support order and there 42,750
has been an attempt to enforce the order through a public notice, 42,751
a wage withholding order, a lien on property, a financial 42,752
institution deduction order, or other court-ordered procedures. 42,753
(2) The department of human JOB AND FAMILY services 42,755
reviewed the obligor's records and confirms the child support 42,756
enforcement agency's finding that the obligor's name and 42,757
photograph may be submitted to be displayed on a poster. 42,758
(3) The agency does not know or is unable to verify the 42,760
957
obligor's whereabouts. 42,761
(4) The obligor is not a participant in Ohio works first 42,763
or the prevention, retention, and contingency program or a 42,764
recipient of disability assistance, supplemental security income, 42,765
or food stamps. 42,766
(5) The child support enforcement agency does not have 42,768
evidence that the obligor has filed for protection under the 42,769
federal Bankruptcy Code, 11 U.S.C.A. 101, as amended. 42,770
(6) The obligee gave written authorization to the agency 42,772
to display the obligor on a poster. 42,773
(7) A legal representative of the agency and a child 42,775
support enforcement administrator reviewed the case. 42,776
(8) The agency is able to submit to the department a 42,778
description and photograph of the obligor, a statement of the 42,779
possible locations of the obligor, and any other information 42,780
required by the department. 42,781
(C) When the agency submits the name of an obligor to the 42,783
division, it also shall submit the photograph and information 42,784
described in division (B)(8) of this section. It shall not 42,785
submit to the division the address of the obligee or any other 42,786
personal information about the obligee. 42,787
(D) In accordance with Chapter 119. of the Revised Code, 42,789
the division DIRECTOR OF JOB AND FAMILY SERVICES shall adopt 42,790
rules for the operation of the poster program under this section. 42,791
The rules shall specify the following: 42,793
(1) Criteria and procedures for the division to use in 42,795
reviewing the names of obligors submitted by child support 42,796
enforcement agencies to be displayed on a poster and selecting 42,797
the delinquent obligors to be included on a poster; 42,798
(2) Procedures for providing the notice specified in 42,800
division (A)(3) of this section; 42,801
(3) Any other procedures necessary for the operation of 42,803
the poster program. 42,804
(E) The division shall use funds appropriated by the 42,806
958
general assembly for child support administration to conduct the 42,807
poster program under this section. 42,808
Sec. 5101.324. (A) The department DIRECTOR of human JOB 42,818
AND FAMILY services, in accordance with Chapter 119. of the 42,819
Revised Code, shall adopt rules governing a child support 42,820
enforcement agency in establishing a paternity compliance unit 42,821
and in adopting a paternity compliance plan pursuant to section 42,822
2301.357 of the Revised Code. The rules shall include, but shall 42,823
not be limited to, provisions for the following: 42,824
(1) The procedure an agency shall follow to adopt and 42,826
submit a paternity plan to the department of human JOB AND FAMILY 42,828
services;
(2) The information an agency shall include in its adopted 42,830
paternity compliance plan, including, but not limited to, the 42,831
manner in which the agency will service Title IV-D cases in 42,832
accordance with federally mandated timeframes and the manner in 42,833
which the agency intends to service more cases in order to meet 42,834
the federal requirements; 42,835
(3) A requirement that all plans adopted by an agency 42,837
include establishing a paternity compliance unit; 42,838
(4) Any other procedures or requirements the department 42,840
DIRECTOR decides are necessary to adopt a paternity compliance 42,841
plan and to establish a paternity compliance unit. 42,843
(B) The department of human JOB AND FAMILY services shall 42,845
report annually to the speaker of the house of representatives 42,847
and the president of the senate regarding the paternity 42,848
compliance plans and paternity compliance units and the progress 42,849
the county agencies have made toward meeting the federal 42,850
requirements for quickly and efficiently establishing parent and 42,851
child relationships due to the paternity compliance plans and 42,852
units. The report shall include statistics on how long a case 42,853
takes to establish paternity and the result of each request for a 42,854
determination of the existence or nonexistence of paternity. 42,855
(C) The department of human JOB AND FAMILY services shall 42,857
959
prepare pamphlets that discuss the benefit of establishing a 42,858
parent and child relationship, the proper procedure for 42,859
establishing a parent and child relationship between a father and 42,860
his child, and a toll-free telephone number that interested 42,861
persons may call for more information regarding the procedures 42,862
for establishing a parent and child relationship. The department 42,863
shall make available the pamphlets and affidavits and statements 42,864
described in division (D) of this section to the department of 42,865
health, to each hospital it has a contract with pursuant to 42,866
section 3727.17 of the Revised Code, and to any individual who 42,867
requests a pamphlet.
(D)(1) The department of human JOB AND FAMILY services 42,869
shall prepare an acknowledgment of paternity affidavit that 42,870
includes in boldface type at the top of the affidavit the rights 42,871
and responsibilities of and the due process safeguards afforded 42,873
to a person who acknowledges that he is the natural father of a 42,874
child, including that if an alleged father acknowledges a parent 42,875
and child relationship he assumes the parental duty of support, 42,876
that both signators waive any right to bring an action pursuant 42,878
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 42,879
than for purposes of rescinding the acknowledgment pursuant to 42,880
division (B) of section 5101.314 of the Revised Code in order to
ensure expediency in resolving the question of the existence of a 42,882
parent and child relationship, that either parent may rescind the 42,883
acknowledgment pursuant to division (B) of section 5101.314 of 42,884
the Revised Code, and that the natural father has the right to 42,885
petition a court pursuant to section 3109.12 of the Revised Code 42,886
for an order granting him reasonable visitation with respect to 42,887
the child and to petition the court for custody of the child 42,888
pursuant to section 2151.23 of the Revised Code. The affidavit 42,889
shall include all of the following: 42,890
(a) Basic instructions for completing the form, including 42,893
instructions that both the natural father and the mother or other 42,894
960
legal guardian or custodian of the child are required to sign the 42,895
statement, that they may sign the statement without being in each 42,896
other's presence, and that the signatures must be notarized. 42,898
(b) Blank spaces to enter the full name, social security 42,901
number, date of birth and address of each parent; 42,902
(c) Blank spaces to enter the full name, date of birth, 42,905
and the residence of the child;
(d) A blank space to enter the name of the hospital or 42,908
department of health code number assigned to the hospital, for 42,909
use in situations in which the hospital fills out the form 42,910
pursuant to section 3727.17 of the Revised Code; 42,911
(e) An affirmation by the mother that the information she 42,914
supplied is true to the best of her knowledge and belief and that 42,915
she is the natural mother of the child named on the form and 42,916
assumes the parental duty of support of the child; 42,917
(f) An affirmation by the father that the information he 42,920
supplied is true to the best of his knowledge and belief, that he 42,921
has received information regarding his legal rights and 42,922
responsibilities, that he consents to the jurisdiction of the 42,923
courts of this state, and that he is the natural father of the 42,924
child named on the form and assumes the parental duty of support 42,925
of the child;
(g) Signature lines for the mother or other legal guardian 42,928
or custodian of the child and the natural father; 42,929
(h) Signature lines for the notary public; 42,931
(i) An instruction to include or attach any other evidence 42,934
necessary to complete the new birth record that is required by 42,935
the department by rule.
(2) The department DIRECTOR of human JOB AND FAMILY 42,938
services, in consultation with the department of health, shall 42,939
adopt rules specifying additional evidence necessary to complete 42,941
a new birth record that is required to be included with an 42,942
acknowledgment of paternity affidavit.
(3) The department of human JOB AND FAMILY services shall 42,944
961
make available the affidavit acknowledging paternity to each 42,945
county child support enforcement agency, the department of 42,947
health, and any other person or agency that requests copies. 42,948
Sec. 5101.325. (A)(1) Except as provided in division (H) 42,958
of section 2301.35 of the Revised Code, the division of child 42,960
support in the department of human JOB AND FAMILY services shall 42,961
be the sole agency of the state responsible for the collection of 42,962
all support payments due under support orders and the 42,963
disbursement of the payments to obligees. The division shall 42,964
make collections and disbursements in compliance with rules 42,965
adopted pursuant to division (F) of this section. 42,966
(2) In order to comply with its collection and 42,968
disbursement responsibilities, the division may require the 42,969
director of each child support enforcement agency to authorize 42,970
the division to use that director's facsimile signature if the 42,971
division determines the signature's use is necessary. An agency 42,972
director shall not be subject to civil or criminal liability for
any damage or injury to persons or property that result from the 42,973
use of the facsimile signature by the state. 42,974
(B)(1) The division shall collect the charge imposed on 42,976
the obligor under the support order pursuant to division (G)(1) 42,977
of section 2301.35 of the Revised Code. If an obligor fails to 42,979
pay the required amount with each current support payment due in 42,980
increments specified under the support order, the division shall 42,981
maintain a separate arrearage account of that amount for that 42,982
obligor. The division shall not deduct the unpaid amount from 42,983
any support payment due to the obligee in increments specified 42,984
under the support order. If an obligor pays the required amount, 42,985
the division is not required to apply that payment toward any 42,986
arrearages under the support payment. 42,987
(2) The division, on receipt of program income from a 42,989
child support enforcement agency under section 3111.99 or 3113.99 42,990
of the Revised Code, shall place it in the program income fund 42,991
established pursuant to division (E) of this section. 42,992
962
(3) All charge amounts collected pursuant to division 42,994
(B)(1) of this section shall be placed in the program income fund 42,996
established pursuant to division (E) of this section. On receipt 42,998
of the charges, the division shall determine the charge amounts 42,999
collected from obligors under support orders being administered 43,000
by a child support enforcement agency in each county and shall 43,001
distribute quarterly to each such agency an amount equal to the 43,002
charges attributable to the agency. No charge amounts collected 43,004
pursuant to this division shall be used by the division or an 43,005
agency for any purpose other than the provision of funds for 43,006
support enforcement activities.
(C) The division may enter into contracts with public 43,009
entities or private vendors for the collection of amounts due 43,010
under support orders or for the performance of other 43,011
administrative duties of the division. The division may contract 43,012
with a public or private entity for the collection of arrearages 43,013
owed under any child support order for which a court or a child 43,015
support enforcement agency has found the obligor in default 43,016
pursuant to a final and enforceable order issued pursuant to 43,017
division (B) of section 3113.21 of the Revised Code. Each 43,018
contract shall comply with the rules adopted pursuant to division 43,020
(F) of this section.
(D) The division shall maintain a separate account for the 43,023
deposit of support payments it receives as trustee for remittance 43,024
to the persons entitled to receive the support payments. The 43,025
division shall disburse each support payment received by it to 43,027
the appropriate persons pursuant to division (C) of section
3113.211 of the Revised Code. The division shall comply with 43,029
rules adopted under division (F) of this section to assist in the 43,030
implementation of this division. The division shall retain and
use solely for support enforcement activities, all interest 43,032
earned on moneys in any account maintained pursuant to this 43,033
division.
(E) The program income fund is hereby created in the state 43,035
963
treasury. The fund shall consist of charge amounts collected 43,037
under division (B)(1) of this section and program income 43,038
collected under division (B)(2) of this section, division (E) of 43,039
section 3111.99 of the Revised Code, and division (E) of section 43,040
3113.99 of the Revised Code, and any other program income. The 43,041
funds shall be used by the division of child support and child 43,042
support enforcement agencies for purposes of providing funds for 43,043
child support enforcement activities. 43,044
(F) The department DIRECTOR of human JOB AND FAMILY 43,047
services, pursuant to Chapter 119. of the Revised Code shall 43,048
adopt rules that do all of the following: 43,049
(1) Govern collection and disbursement of child support 43,051
amounts in compliance with sections 454, 454B, and 466 of the 43,053
"Social Security Act," as amended by the "Personal Responsibility 43,054
and Work Opportunity Reconciliation Act of 1996," 110 Stat. 2105, 43,055
42 U.S.C. 654, 654B, and 666, and any regulations adopted under 43,057
the act;
(2) Governing the method of sending processing charge 43,059
amounts to child support enforcement agencies; 43,060
(3) Assist in the implementation of separate accounts for 43,062
support payments received by the division; 43,063
(4) Govern the process of entering into and the provisions 43,066
of contracts described in division (C) of this section. 43,067
Sec. 5101.326. The division of child support in the 43,077
department of human JOB AND FAMILY services may ask the secretary
of the treasury for, and may enter into a reciprocal agreement 43,078
with the secretary to obtain, administrative offsets to collect 43,079
past due child support amounts in accordance with the "Debt
Collection Improvement Act of 1996," 110 Stat. 1321, 31 3716(a) 43,081
and (h). The division DIRECTOR OF JOB AND FAMILY SERVICES shall 43,082
adopt rules in accordance with Chapter 119. of the Revised Code 43,083
to establish procedures necessary to receive the administrative 43,084
offsets.
Sec. 5101.327. (A) As used in this section, "support 43,093
964
order" has the same meaning as in section 2301.34 of the Revised 43,095
Code. The requirements of this section are effective on the 43,097
earlier of the date that all support orders have been converted 43,098
to the automated data processing system under section 5101.322 of 43,099
the Revised Code and the division of child support in the 43,100
department of human JOB AND FAMILY services authorizes 43,101
centralized collection and disbursement of support amounts under 43,103
the support order pursuant to the rules adopted under division 43,104
(F)(1) of section 5101.325 of the Revised Code or July 1, 1999. 43,106
(B) The director of commerce shall provide the division no 43,109
later than the first day of March of each year, the name, 43,111
address, social security number, if the social security number is 43,112
available, and any other identifying information for any 43,113
individual included in a request sent by the division pursuant to 43,114
division (C) of this section who has unclaimed funds delivered or 43,116
reported to the state under Chapter 169. of the Revised Code. 43,117
(C) The division shall, no later than the first day of 43,119
February of each year, send to the director of commerce a request 43,121
containing the name, address, and social security number of all 43,122
obligors in default under a support order being administered by a 43,123
child support enforcement agency of this state and requests that 43,124
the director provide information to the division as required in 43,125
division (B) of this section. If the information the director 43,127
provides identifies or results in identifying unclaimed funds 43,128
held by the state for an obligor in default, the division shall 43,129
file a claim under section 169.08 of the Revised Code to recover
the unclaimed funds. If the director allows the claim, the 43,130
director shall pay the claim directly to the division. The 43,131
director shall not disallow a claim made by the division because 43,132
the division is not the owner of the unclaimed funds according to 43,133
the report made pursuant to section 169.03 of the Revised Code. 43,134
(D) The department DIRECTOR of human JOB AND FAMILY 43,137
services, in consultation with the department of commerce, may
adopt rules in accordance with Chapter 119. of the Revised Code 43,139
965
to aid in implementation of this section.
Sec. 5101.33. (A) As used in this section, " benefits" 43,148
means any of the following: 43,149
(1) Cash assistance paid under Chapter 5107. or 5115. of 43,152
the Revised Code;
(2) Food stamp benefits provided under section 5101.54 of 43,154
the Revised Code;
(3) Any other program administered by the department of 43,157
human JOB AND FAMILY services under which assistance is provided 43,159
or service rendered;
(4) Any other program, service, or assistance administered 43,161
by a person or government entity that the department determines 43,163
may be delivered through the medium of electronic benefit 43,164
transfer.
(B) The department of human JOB AND FAMILY services may 43,166
make any payment or delivery of benefits to eligible individuals 43,169
through the medium of electronic benefit transfer by doing all of
the following: 43,170
(1) Contracting with an agent to supply debit cards to the 43,172
department of human JOB AND FAMILY services for use by such 43,173
individuals in accessing their benefits and to credit such cards 43,176
electronically with the amounts specified by the director of 43,178
human JOB AND FAMILY services pursuant to law;
(2) Informing such individuals about the use of the 43,180
electronic benefit transfer system and furnishing them with debit 43,181
cards and information that will enable them to access their 43,182
benefits through the system; 43,183
(3) Arranging with specific financial institutions or 43,185
vendors, county departments of human JOB AND FAMILY services, or 43,186
persons or government entities for individuals to have their 43,189
cards credited electronically with the proper amounts at their 43,191
facilities;
(4) Periodically preparing vouchers for the payment of 43,193
such benefits by electronic benefit transfer; 43,194
966
(5) Satisfying any applicable requirements of federal and 43,196
state law.
(C) The department may enter into a written agreement with 43,199
any person or government entity to provide benefits administered
by that person or entity through the medium of electronic benefit 43,201
transfer. A written agreement may require the person or 43,202
government entity to pay to the department either or both of the 43,203
following:
(1) A charge that reimburses the department for all costs 43,205
the department incurs in having the benefits administered by the 43,206
person or entity provided through the electronic benefit transfer 43,207
system;
(2) A fee for having the benefits provided through the 43,209
electronic benefit transfer system. 43,210
(D) The department may designate which counties will 43,212
participate in the medium of electronic benefit transfer, specify 43,213
the date a designated county will begin participation, and 43,214
specify which benefits will be provided through the medium of 43,215
electronic benefit transfer in a designated county. 43,216
(E) The department may adopt rules in accordance with 43,218
Chapter 119. of the Revised Code for the efficient administration 43,219
of this section. 43,220
Sec. 5101.34. (A) There is hereby created in the 43,230
department of human JOB AND FAMILY services the Ohio commission 43,232
on fatherhood. The commission shall consist of the following 43,233
members:
(1)(a) Four members of the house of representatives 43,235
appointed by the speaker of the house, not more than two of whom 43,236
are members of the same political party. Two of the members must 43,237
be from legislative districts that include a county or part of a 43,238
county that is among the one-third of counties in this state with 43,239
the highest number per capita of households headed by females. 43,240
(b) Two members of the senate appointed by the president 43,242
of the senate, each from a different political party. One of the 43,243
967
members must be from a legislative district that includes a 43,245
county or part of a county that is among the one-third of 43,246
counties in this state with the highest number per capita of 43,247
households headed by females.
(2) The governor, or the governor's designee; 43,249
(3) One representative of the judicial branch of 43,251
government appointed by the chief justice of the supreme court; 43,253
(4) The directors of health, human JOB AND FAMILY 43,255
services, rehabilitation and correction, and youth services and 43,256
the superintendent of public instruction, or their designees; 43,257
(5) One representative of the Ohio family and children 43,260
first cabinet council created under section 121.37 of the Revised 43,262
Code appointed by the chairperson of the council; 43,263
(6) Five representatives of the general public appointed 43,265
by the governor. These members shall have extensive experience 43,266
in issues related to fatherhood. 43,267
(B) The appointing authorities of the Ohio commission on 43,270
fatherhood shall make initial appointments to the commission 43,271
within thirty days after the effective date of this section. Of 43,272
the initial appointments to the commission made pursuant to 43,273
divisions (A)(3), (5), and (6) of this section, three of the 43,275
members shall serve a term of one year and four shall serve a 43,276
term of two years. Members so appointed subsequently shall serve 43,277
two-year terms. A member appointed pursuant to division (A)(1) 43,279
of this section shall serve on the commission until the end of 43,280
the general assembly from which the member was appointed or until 43,281
the member ceases to serve in the chamber of the general assembly 43,282
in which the member serves at the time of appointment, whichever 43,283
occurs first. The governor or the governor's designee shall 43,284
serve on the commission until the governor ceases to be governor. 43,285
The directors and superintendent or their designees shall serve 43,286
on the commission until they cease, or the director or 43,288
superintendent a designee represents ceases, to be director or 43,289
superintendent. Each member shall serve on the commission from 43,290
968
the date of appointment until the end of the term for which the 43,291
member was appointed. Members may be reappointed. 43,292
Vacancies shall be filled in the manner provided for 43,295
original appointments. Any member appointed to fill a vacancy 43,296
occurring prior to the expiration date of the term for which the 43,297
member's predecessor was appointed shall serve on the commission 43,298
for the remainder of that term. A member shall continue to serve 43,299
on the commission subsequent to the expiration date of the 43,300
member's term until the member's successor is appointed or until 43,301
a period of sixty days has elapsed, whichever occurs first. 43,302
Members shall serve without compensation but shall be reimbursed 43,303
for necessary expenses.
Sec. 5101.341. (A) The Ohio commission on fatherhood 43,312
annually shall elect a chairperson from among its members. The 43,313
department of human JOB AND FAMILY services shall provide staff 43,314
and other support services for the commission. 43,316
(B) The commission may accept gifts, grants, donations, 43,319
contributions, benefits, and other funds from any public agency 43,320
or private source to carry out any or all of the commission's 43,321
duties. The funds shall be deposited into the Ohio commission on 43,322
fatherhood fund, which is hereby created in the state treasury. 43,323
All gifts, grants, donations, contributions, benefits, and other 43,324
funds received by the commission pursuant to this division shall 43,325
be used solely to support the operations of the commission. 43,326
Sec. 5101.36. Any application for public assistance gives 43,335
a right of subrogation to the department of human JOB AND FAMILY 43,336
services for any workers' compensation benefits payable to a 43,337
person who is subject to a support order, as defined in section 43,338
2301.34 of the Revised Code or to an administrative support 43,339
order, as defined in section 3111.20 of the Revised Code, on 43,340
behalf of the applicant, to the extent of any public assistance 43,341
payments made on the applicant's behalf. If the director of 43,342
human JOB AND FAMILY services, in consultation with a child 43,343
support enforcement agency and the administrator of the bureau of 43,344
969
workers' compensation, determines that a person responsible for 43,345
support payments to a recipient of public assistance is receiving 43,346
workers' compensation, the director shall notify the 43,347
administrator of the amount of the benefit to be paid to the 43,348
department of human JOB AND FAMILY services.
For purposes of this section, "public assistance" means 43,350
medical assistance provided through the medical assistance 43,351
program established under section 5111.01 of the Revised Code, 43,352
Ohio works first provided under Chapter 5107. of the Revised 43,355
Code, prevention, retention, and contingency assistance provided
under Chapter 5108. of the Revised Code, or disability assistance 43,356
provided under Chapter 5115. of the Revised Code. 43,358
Sec. 5101.44. The department of human JOB AND FAMILY 43,367
services may call an annual conference, of the officials 43,368
specified in section 5101.45 of the Revised Code and 43,369
representatives of the various social agencies in the state, to 43,370
be known as the "Ohio welfare conference." The conference shall: 43,371
(A) Facilitate discussion of the problems and methods of 43,373
practical human improvement; 43,374
(B) Increase the efficiency of agencies and institutions 43,376
devoted to this cause; 43,377
(C) Disseminate information; 43,379
(D) Consider such other subjects of general social 43,381
importance as may be determined upon by the conference itself. 43,382
The conference shall organize by the election of officers, 43,384
the appointment of the proper committees, and the adoption of 43,385
rules. The department may also call other conferences, at any 43,386
time or place, for the consideration of problems relating to any 43,387
particular group of institutions and agencies. 43,388
Sec. 5101.45. The necessary expenses of such officers and 43,397
employees of the state, county, and municipal boards, benevolent 43,399
and correctional institutions, officials responsible for the 43,401
administration of public funds used for the relief and 43,403
maintenance of the poor, officials authorized to administer 43,404
970
probation laws, and members of the boards of county visitors as 43,405
are invited by the department of human JOB AND FAMILY services to 43,407
the conferences provided for in section 5101.44 of the Revised 43,409
Code, shall be paid from any fund available for their respective 43,411
offices, boards, and institutions, provided they first procure a 43,412
certificate from the director of human JOB AND FAMILY services as 43,413
evidence that they were invited to and were in attendance at the 43,414
sessions of such conferences.
Sec. 5101.46. (A) As used in this section: 43,423
(1) "Title XX" means Title XX of the "Social Security 43,426
Act," 88 Stat. 2337 (1974), 42 U.S.C.A. 1397, as amended. 43,428
(2) "Respective local agency" means, with respect to the 43,431
department of human JOB AND FAMILY services, a county department 43,432
of human JOB AND FAMILY services; with respect to the department 43,433
of mental health, a board of alcohol, drug addiction, and mental 43,434
health services; and with respect to the department of mental 43,435
retardation and developmental disabilities, a county board of 43,436
mental retardation and developmental disabilities. 43,437
(3) "Federal poverty guidelines" means the poverty 43,440
guidelines as revised annually by the United States department of 43,441
health and human services in accordance with section 673(2) of 43,442
the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42 43,444
U.S.C.A. 9902, as amended, for a family size equal to the size of 43,446
the family of the person whose income is being determined. 43,447
(B) The departments of human JOB AND FAMILY services, 43,449
mental health, and mental retardation and developmental 43,450
disabilities, with their respective local agencies, shall 43,451
administer the provision of social services funded through grants 43,453
made under Title XX. The social services furnished with Title XX 43,454
funds shall be directed at the following goals: 43,455
(1) Achieving or maintaining economic self-support to 43,457
prevent, reduce, or eliminate dependency; 43,458
(2) Achieving or maintaining self-sufficiency, including 43,460
reduction or prevention of dependency; 43,461
971
(3) Preventing or remedying neglect, abuse, or 43,463
exploitation of children and adults unable to protect their own 43,464
interests, or preserving, rehabilitating, or reuniting families; 43,465
(4) Preventing or reducing inappropriate institutional 43,467
care by providing for community-based care, home-based care, or 43,468
other forms of less intensive care; 43,469
(5) Securing referral or admission for institutional care 43,471
when other forms of care are not appropriate, or providing 43,472
services to individuals in institutions. 43,473
(C)(1) All federal funds received under Title XX shall be 43,476
appropriated as follows:
(a) Seventy-two and one-half per cent to the department of 43,479
human JOB AND FAMILY services;
(b) Twelve and ninety-three one-hundreths per cent to the 43,482
department of mental health;
(c) Fourteen and fifty-seven one-hundreths per cent to the 43,485
department of mental retardation and developmental disabilities. 43,486
(2) Each state department shall, subject to the approval 43,489
of the controlling board, develop formulas for the distribution 43,490
of their Title XX appropriations to their respective local 43,492
agencies. The formulas shall take into account the total 43,493
population of the area that is served by the agency, the 43,494
percentage of the population in the area that falls below the 43,495
federal poverty guidelines, and the agency's history of and
ability to utilize Title XX funds. 43,496
(3) Each of the state departments shall expend no more 43,499
than three per cent of its Title XX appropriation for state 43,500
administrative costs. Each of the department's respective local 43,501
agencies shall expend no more than fourteen per cent of its Title 43,503
XX appropriation for local administrative costs.
(4) The department of human JOB AND FAMILY services shall 43,505
expend no more than two per cent of its Title XX appropriation 43,508
for the training of the following: 43,509
(a) Employees of county departments of human JOB AND 43,511
972
FAMILY services; 43,512
(b) Providers of services under contract with the state 43,515
departments' respective local agencies;
(c) Employees of a public children services agency 43,517
directly engaged in providing Title XX services. 43,520
(D) The department of human JOB AND FAMILY services shall 43,523
prepare a biennial comprehensive Title XX social services plan on 43,525
the intended use of Title XX funds. The department shall develop 43,526
a method for obtaining public comment during the development of 43,527
the plan and following its completion. 43,528
For each state fiscal year, the department of human JOB AND 43,530
FAMILY services shall prepare a report on the actual use of Title 43,531
XX funds. The department shall make the report available for 43,532
public inspection. 43,533
The departments of mental health and mental retardation and 43,536
developmental disabilities shall prepare and submit to the
department of human JOB AND FAMILY services the portions of each 43,537
biennial plan and annual report that apply to services for mental 43,539
health and mental retardation and developmental disabilities. 43,540
Each respective local agency of the three state departments shall 43,541
submit information as necessary for the preparation of biennial 43,542
plans and annual reports. 43,543
(E) Each county department shall adopt a county profile 43,546
for the administration and provision of Title XX social services 43,547
in the county. In developing its county profile, the county 43,548
department shall take into consideration the comments and 43,549
recommendations received from the public by the county human 43,550
FAMILY services planning committee pursuant to section 329.06 of 43,552
the Revised Code. As part of its preparation of the county 43,554
profile, the county department may prepare a local needs report 43,555
analyzing the need for Title XX social services. 43,556
The county department shall submit the county profile to 43,559
the board of county commissioners for its review. Once the
county profile has been approved by the board, the county 43,560
973
department shall file a copy of the county profile with the state 43,562
department of human JOB AND FAMILY services. The state 43,563
department shall approve the county profile if the state 43,564
department determines the profile provides for the Title XX 43,566
social services to meet the goals specified in division (B) of 43,567
this section.
(F) Not less often than every two years, the departments 43,569
of human JOB AND FAMILY services, mental health, and mental 43,570
retardation and developmental disabilities each shall commission 43,572
an entity independent of itself to conduct an audit of its Title 43,573
XX expenditures in accordance with generally accepted auditing 43,575
principles. Within thirty days following the completion of its 43,576
audit, each department shall submit a copy of the audit to the 43,577
general assembly and to the United States secretary of health and 43,578
human services. 43,579
(G) Any of the three state departments and their 43,582
respective local agencies may require that an entity under 43,583
contract to provide social services with Title XX funds submit to 43,584
an audit on the basis of alleged misuse or improper accounting of 43,585
funds. The three state departments and their respective local 43,586
agencies may terminate or refuse to enter into a Title XX 43,587
contract with a provider of social services if there are adverse 43,588
findings in an audit that are the responsibility of the provider. 43,589
The amount of any adverse findings shall not be reimbursed with 43,590
Title XX funds. The cost of conducting an audit shall be 43,591
reimbursed under a subsequent or amended Title XX contract with 43,592
the provider. 43,593
(H) If federal funds received by the department of human 43,596
JOB AND FAMILY services for use under Chapters 5107. and 5108. of 43,598
the Revised Code are transferred by the controlling board for use 43,600
in providing social services under this section, the distribution 43,601
and use of the funds are not subject to the provisions of 43,602
division (C) of this section. The department may do one or both 43,603
of the following with the funds:
974
(1) Distribute the funds to the county departments of 43,606
human JOB AND FAMILY services;
(2) Use the funds for services that benefit individuals 43,608
eligible for services consistent with the principles of Title 43,609
IV-A of the "Social Security Act," 49 Stat. 620 (1935), 42 43,611
U.S.C.A. 301, as amended.
(I) The department of human JOB AND FAMILY services may 43,613
adopt rules necessary to carry out the purposes of this section. 43,616
Rules adopted under this division shall be adopted in accordance 43,618
with Chapter 119. of the Revised Code, unless they are internal 43,619
management rules governing fiscal and administrative matters. 43,620
Internal management rules may be adopted in accordance with 43,621
section 111.15 of the Revised Code. 43,623
Sec. 5101.48. The department of human JOB AND FAMILY 43,632
services shall administer the distribution of food commodities 43,634
received under the "Agricultural Adjustment Act," 48 Stat. 31, 7 43,635
U.S.C.A. 612c, as amended. The department DIRECTOR OF JOB AND 43,636
FAMILY SERVICES may adopt rules in accordance with section 111.15 43,637
of the Revised Code and issue appropriate orders as necessary for 43,638
administration of the distribution program.
Sec. 5101.49. The department of human JOB AND FAMILY 43,647
services shall administer funds received under the "Refugee Act 43,650
of 1980," 94 Stat. 102, 8 U.S.C.A. 1521, as amended. In 43,651
administering the funds, the department may establish a refugee
assistance program and a state legalization impact assistance 43,652
program. The department DIRECTOR OF JOB AND FAMILY SERVICES may 43,653
adopt rules in accordance with section 111.15 of the Revised Code 43,654
and issue appropriate orders as necessary for administration of 43,655
these funds and programs. 43,656
Sec. 5101.50. (A) As used in this section and in sections 43,665
5101.51 to 5101.518 of the Revised Code: 43,666
(1) "Children's health insurance program" means the 43,668
program authorized by Title XXI of the "Social Security Act," 111 43,670
Stat. 552 (1997), 42 U.S.C.A. 1397aa. 43,672
975
(2) "Federal poverty guidelines" has the same meaning as 43,674
in section 5101.46 of the Revised Code. 43,675
(B) The director of human JOB AND FAMILY services may 43,677
continue to operate the children's health insurance program 43,679
initially authorized by an executive order issued under section 43,680
107.17 of the Revised Code as long as federal financial 43,681
participation is available for the program. If operated, the 43,682
program shall provide health assistance to uninsured individuals 43,683
under nineteen years of age with family incomes not exceeding one 43,684
hundred fifty per cent of the federal poverty guidelines. In 43,685
accordance with 42 U.S.C.A. 1397aa, the director may provide for 43,687
the health assistance to meet the requirements of 42 U.S.C.A. 43,688
1397cc, to be provided under the medicaid program established 43,689
under Chapter 5111. of the Revised Code, or to be a combination 43,691
of both.
Sec. 5101.502. The director of human JOB AND FAMILY 43,700
services may adopt rules in accordance with Chapter 119. of the 43,702
Revised Code as necessary for the efficient administration of the 43,704
children's health insurance program part I, including rules that 43,705
establish all of the following: 43,706
(A) The conditions under which health assistance services 43,708
will be reimbursed; 43,709
(B) The method of reimbursement applicable to services 43,711
reimbursable under the program; 43,712
(C) The amount of reimbursement, or the method by which 43,714
the amount is to be determined, for each reimbursable service. 43,716
Sec. 5101.51. In accordance with federal law governing the 43,725
children's health insurance program, the director of human JOB 43,726
AND FAMILY services may submit a state child health plan to the 43,728
United States secretary of health and human services to provide, 43,729
except as provided in section 5101.516 of the Revised Code, 43,731
health assistance to uninsured individuals under nineteen years 43,732
of age with family incomes above one hundred fifty per cent of 43,733
the federal poverty guidelines but not exceeding two hundred per 43,734
976
cent of the federal poverty guidelines. If the director submits 43,735
the plan, the director shall include both of the following in the 43,736
plan:
(A) The health assistance will not begin before January 1, 43,739
2000.
(B) The health assistance will be available only while 43,741
federal financial participation is available for it. 43,742
Sec. 5101.512. If the director of human JOB AND FAMILY 43,751
services submits a state child health plan to the United States 43,753
secretary of health and human services under section 5101.51 of 43,754
the Revised Code and the secretary approves the plan, the 43,755
director shall implement the children's health insurance program 43,757
part II in accordance with the plan. The director may adopt 43,758
rules in accordance with Chapter 119. of the Revised Code as 43,759
necessary for the efficient administration of the program, 43,760
including rules that establish all of the following: 43,763
(A) The conditions under which health assistance services 43,765
will be reimbursed; 43,766
(B) The method of reimbursement applicable to services 43,768
reimbursable under the program; 43,769
(C) The amount of reimbursement, or the method by which 43,771
the amount is to be determined, for each reimbursable service. 43,772
Sec. 5101.513. The director of human JOB AND FAMILY 43,781
services may contract with a government entity or person to 43,783
perform the director's administrative duties regarding the 43,784
children's health insurance program part II, other than the duty 43,785
to submit a state child health plan to the United States 43,786
secretary of health and human services under section 5101.51 of 43,787
the Revised Code and the duty to adopt rules under section 43,788
5101.512 of the Revised Code. 43,789
Sec. 5101.515. The director of human JOB AND FAMILY 43,798
services may determine applicants' eligibility for the children's 43,800
health insurance program part II by any of the following means: 43,801
(A) Using employees of the department of human JOB AND 43,803
977
FAMILY services; 43,804
(B) Assigning the duty to county departments of human JOB 43,806
AND FAMILY services; 43,807
(C) Contracting with a government entity or person. 43,809
Sec. 5101.516. If the director of human JOB AND FAMILY 43,818
services determines that federal financial participation for the 43,820
children's health insurance program part II is insufficient to 43,821
provide health assistance to all the individuals the director 43,822
anticipates are eligible for the program, the director may refuse 43,823
to accept new applications for the program or may make the 43,824
program's eligibility requirements more restrictive. 43,825
Sec. 5101.517. To the extent permitted by 42 U.S.C.A. 43,835
1397cc(e), the director of human JOB AND FAMILY services may 43,836
require an individual receiving health assistance under the 43,838
children's health insurance program part II to pay a premium, 43,839
deductible, coinsurance payment, or other cost-sharing expense. 43,840
Sec. 5101.518. The director of human JOB AND FAMILY 43,849
services shall establish an appeal process for individuals 43,851
aggrieved by a decision made regarding eligibility for the 43,852
children's health insurance program part II. The process may be 43,853
identical to, similar to, or different from the appeal process 43,854
established by section 5101.35 of the Revised Code. 43,855
Sec. 5101.52. Upon the death of a recipient of aid, under 43,864
Title XVI of the "Social Security Act," 49 Stat. 620 (1935), 42 43,865
U.S.C.A. 301, as amended, or of any person who would be eligible 43,866
for such aid except that the person is a resident of a county 43,867
home, any person who received assistance under former Chapter 43,868
5105., 5106., or 5151. of the Revised Code, for the month of 43,869
December, 1973, or a recipient of aid under Chapter 5107. or 43,870
5115. of the Revised Code who resided in an unincorporated area, 43,871
the person entitled to receive payment for funeral, cremation, 43,873
cemetery, and burial expenses for the deceased recipient may 43,874
apply to a county department of human JOB AND FAMILY services for 43,875
state funds to defray those expenses. An itemized sworn 43,876
978
statement of the total funeral, cremation, cemetery, and burial 43,878
charges submitted by a funeral director must accompany the 43,879
application.
The county department that receives the application shall 43,881
make the determination of whether to approve payment of the 43,882
funeral, cremation, cemetery, and burial expenses. The county 43,884
department shall not approve the payment if the recipient, at the 43,885
time of death, had funds available for the expenses or if the 43,886
total cost of the expenses exceeds the amount designated in this 43,887
section. Any person or government entity, other than the state 43,888
department of human JOB AND FAMILY services, may provide 43,890
contributions, allowances, and grants up to a total amount not to 43,891
exceed the maximum burial assistance payment under this section 43,892
and grave space towards items of cremation, cemetery, outside 43,893
receptacle, and incidental funeral and burial expenses, other 43,894
than a standard sized casket and professional services of the 43,895
funeral director. To the extent furnished, such contribution,
allowance, grant, or grave space shall not be considered a part 43,896
of the total funeral, cremation, cemetery, and burial expenses of 43,897
the deceased recipient. The county department shall approve 43,899
payment of expenses only to the extent of the difference between 43,900
the resources of the deceased person, in real and personal 43,901
property and insurance, and the permissible payment for expenses 43,902
as provided in this section. 43,903
A sum not to exceed the following amount may be ordered 43,905
paid to the proper person to defray the total funeral, cremation, 43,906
cemetery, and burial expenses of the deceased recipient: 43,907
(A) If the deceased recipient was a recipient of aid under 43,909
Title XVI of the "Social Security Act," 49 Stat. 620 (1935), 42 43,911
U.S.C.A. 301, as amended, or a person who would have been 43,912
eligible for such aid except that the person resided in a county 43,914
home, a person who received assistance under former Chapter 43,915
5105., 5106., or 5151. of the Revised Code, for the month of 43,916
December, 1973, or a recipient of aid under Chapter 5107. or 43,917
979
5115. of the Revised Code who resided in an unincorporated area 43,918
and was eleven years of age or older, seven hundred fifty 43,919
dollars.
(B) If the deceased recipient was a recipient of aid under 43,921
Chapter 5107. or 5115. of the Revised Code who resided in an 43,923
unincorporated area and had not reached the age of eleven years, 43,924
five hundred dollars. 43,925
Sec. 5101.53. The department of human JOB AND FAMILY 43,934
services may enter into an agreement with the secretary of health 43,936
and human services under Public Law 93-66 for the purpose of 43,937
supplementing the payments of recipients of aid under Title XVI 43,938
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, 43,939
as amended, to the extent necessary to provide individuals who 43,940
were recipients of aid in December, 1973 under former Chapters 43,941
5105., 5106., and 5151. of the Revised Code with income from all 43,942
sources equal to the income of such individuals in December, 43,943
1973, including correctly paid assistance. Upon authorization by 43,944
the department, the director of budget and management shall 43,945
provide for payment to the secretary of amounts equal to the 43,946
expenditures of the secretary under the agreement. Such payments 43,947
shall be charged to the administration and adjustment fund, which 43,948
is hereby created in the state treasury. 43,949
The department of human JOB AND FAMILY services may make 43,951
aid payments to aged, blind, or disabled individuals who are 43,953
determined as the result of a fair hearing to be eligible for 43,954
such payments under former Chapter 5105., 5106., or 5151. of the 43,955
Revised Code.
Sec. 5101.54. (A) The department DIRECTOR of human JOB 43,965
AND FAMILY services shall administer the food stamp program in
accordance with the "Food Stamp Act of 1977," 91 Stat. 958, 7 43,967
U.S.C.A. 2011, as amended. The department may: 43,968
(1) Prepare and submit to the secretary of the United 43,970
States department of agriculture a plan for the administration of 43,971
the food stamp program; 43,972
980
(2) Prescribe forms for applications, certificates, 43,974
reports, records, and accounts of county departments of human JOB 43,975
AND FAMILY services, and other matters; 43,977
(3) Require such reports and information from each county 43,979
department of human JOB AND FAMILY services as may be necessary 43,980
and advisable;
(4) Administer and expend any sums appropriated by the 43,982
general assembly for the purposes of this section and all sums 43,983
paid to the state by the United States as authorized by the Food 43,984
Stamp Act of 1977; 43,985
(5) Conduct such investigations as are necessary; 43,987
(6) Enter into interagency agreements and cooperate with 43,989
investigations conducted by the department of public safety, 43,990
including providing information for investigative purposes, 43,991
exchanging property and records, passing through federal 43,992
financial participation, modifying any agreements with the United 43,993
States department of agriculture, providing for the supply, 43,994
security, and accounting of food stamp coupons for investigative 43,995
purposes, and meeting any other requirements necessary for the
detection and deterrence of illegal activities in the state food 43,996
stamp program; 43,997
(7) Adopt rules in accordance with Chapter 119. of the 44,000
Revised Code governing employment and training requirements of 44,001
recipients of food stamp benefits, including rules specifying 44,002
which recipients are subject to the requirements and establishing 44,003
sanctions for failure to satisfy the requirements. The rules 44,004
shall be consistent with 7 U.S.C.A. 2015 and, to the extent 44,006
practicable, may provide for food stamp benefit recipients to 44,007
participate in work activities, developmental activities, and
alternative work activities established under sections 5107.40 to 44,009
5107.69 of the Revised Code that are comparable to programs 44,010
authorized by 7 U.S.C.A. 2015(d)(4). The rules may reference 44,012
rules adopted under section 5107.05 of the Revised Code governing
work activities, developmental activities, and alternative work 44,013
981
activities established under sections 5107.40 to 5107.69 of the 44,014
Revised Code.
(8) Adopt rules in accordance with section 111.15 of the 44,016
Revised Code that are consistent with the Food Stamp Act of 1977, 44,018
as amended, and regulations adopted thereunder governing the 44,019
following:
(a) Eligibility requirements for the food stamp program; 44,021
(b) Sanctions for failure to comply with eligibility 44,023
requirements; 44,024
(c) Allotment of food stamp coupons; 44,026
(d) To the extent permitted under federal statutes and 44,028
regulations, a system under which some or all recipients of food 44,029
stamp benefits subject to employment and training requirements 44,030
established by rules adopted under division (A)(7) of this 44,032
section receive food stamp benefits after satisfying the
requirements; 44,033
(e) Administration of the program by county departments of 44,035
human JOB AND FAMILY services; 44,036
(f) Other requirements necessary for the efficient 44,038
administration of the program. 44,039
(9) Submit a plan to the United States secretary of 44,042
agriculture for the department OF JOB AND FAMILY SERVICES to 44,043
operate a simplified food stamp program pursuant to 7 U.S.C.A. 44,044
2035 under which requirements governing the Ohio works first 44,045
program established under Chapter 5107. of the Revised Code also 44,047
govern the food stamp program in the case of households receiving 44,048
food stamp benefits and participating in Ohio works first. 44,049
(B) Except while in the custody of the United States 44,051
postal service, food stamps and any document necessary to obtain 44,052
food stamps are the property of the department of human JOB AND 44,053
FAMILY services from the time they are received in accordance 44,055
with federal regulations by the department from the federal 44,056
agency responsible for such delivery until they are received by a 44,057
household entitled to receive them or by the authorized 44,058
982
representative of the household. 44,059
(C) A household that is entitled to receive food stamps 44,061
under the "Food Stamp Act of 1977," 91 Stat. 958, 7 U.S.C.A. 44,064
2011, as amended, and that is determined to be in immediate need 44,065
of food assistance, shall receive certification of eligibility 44,066
for program benefits, pending verification, within twenty-four 44,067
hours, or, if mitigating circumstances occur, within seventy-two 44,068
hours, after application, if:
(1) The results of the application interview indicate that 44,070
the household will be eligible upon full verification; 44,071
(2) Information sufficient to confirm the statements in 44,073
the application has been obtained from at least one additional 44,074
source, not a member of the applicant's household. Such 44,075
information shall be recorded in the case file, and shall 44,076
include: 44,077
(a) The name of the person who provided the name of the 44,079
information source; 44,080
(b) The name and address of the information source; 44,082
(c) A summary of the information obtained. 44,084
The period of temporary eligibility shall not exceed one 44,086
month from the date of certification of temporary eligibility. 44,087
If eligibility is established by full verification, benefits 44,088
shall continue without interruption as long as eligibility 44,089
continues. 44,090
At the time of application, the county department of human 44,092
JOB AND FAMILY services shall provide to a household described in 44,094
this division a list of community assistance programs that 44,095
provide emergency food.
(D) All applications shall be approved or denied through 44,097
full verification within thirty days from receipt of the 44,098
application by the county department of human JOB AND FAMILY 44,099
services. 44,100
(E) Nothing in this section shall be construed to prohibit 44,102
the certification of households that qualify under federal 44,103
983
regulations to receive food stamps without charge under the "Food 44,104
Stamp Act of 1977," 91 Stat. 958, 7 U.S.C.A. 2011, as amended. 44,107
(F) Any person who applies for food stamps under this 44,109
section shall receive a voter registration application under 44,110
section 3503.10 of the Revised Code.
Sec. 5101.541. (A) The department DIRECTOR of human JOB 44,120
AND FAMILY services shall establish, by rule, effective July 1,
1981, a system of mail issuance of food stamp allotments 44,122
utilizing direct coupon mailing. The county department of human 44,123
JOB AND FAMILY services shall administer the mailing of such 44,124
coupons under the supervision of the department of human JOB AND 44,125
FAMILY services. The system shall provide for redetermination of 44,127
eligibility at the same intervals as are in effect on March 23, 44,128
1981 or at such other intervals as may be required by federal law 44,129
or regulation.
(B) The department of human JOB AND FAMILY services shall 44,131
provide an alternative system to the system of mail issuance 44,133
established in division (A) of this section in counties where any 44,134
of the following apply: 44,135
(1) The department can document, after notice and hearing, 44,137
significant diminution of demand for mail issuance of food stamp 44,138
coupons; 44,139
(2) The loss rate for coupons issued through the mail 44,141
exceeds any tolerable loss rate which may be established by rule 44,142
of the United States department of agriculture; 44,143
(3) The department provides for food stamp benefits to be 44,145
distributed through the medium of electronic benefit transfer in 44,146
the county pursuant to section 5101.33 of the Revised Code. 44,147
(C) The county department of human JOB AND FAMILY services 44,149
shall issue to each household or the household's authorized 44,150
representative for coupon issuance, at the time eligibility for 44,151
food stamps is established, an identification card. The card 44,152
shall be issued in the name of the household member to whom food 44,153
stamp coupons are issued or the authorized representative. 44,154
984
Sec. 5101.542. (A) The board of county commissioners of 44,163
any county may, by resolution forwarded to the department of 44,164
human JOB AND FAMILY services no later than the thirty-first day 44,165
of March of any year, decline to participate in or withdraw the 44,167
county from the system of mail issuance of food stamp coupons 44,168
established under section 5101.541 of the Revised Code and 44,169
reinstitute the previous system of issuing food stamp coupons in 44,170
that county. Such resolution shall be effective on the first day 44,171
of July of that year. 44,172
(B) The board of county commissioners of any county that 44,174
has withdrawn from the system of mail issuance of food stamp 44,175
coupons under division (A) of this section, may, by resolution 44,176
forwarded to the department of human JOB AND FAMILY services, 44,177
reinstitute the mail issuance system. Such resolution shall be 44,178
effective in the fourth month after the month in which it is 44,179
adopted.
This division does not apply to counties that have been 44,181
withdrawn from mail issuance pursuant to division (B) of section 44,182
5101.541 of the Revised Code. 44,183
(C) The board of county commissioners of any county that 44,185
has withdrawn from the mail issuance system may specify 44,186
geographic areas of the county within which food stamp coupons 44,187
shall be issued at a central location to all households in which 44,188
the member or representative who is authorized to receive the 44,189
coupons is not physically incapable of traveling to such central 44,190
location. 44,191
(D) The board of county commissioners of any county that 44,193
has withdrawn from the mail issuance system may, by resolution, 44,194
establish conditions under which the county department of human 44,195
JOB AND FAMILY services shall issue food stamps by mail to 44,196
classes of food stamp recipients that the board determines to be 44,198
in need of mail delivery of food stamps. The class of mail used 44,199
under this division shall be the same as specified in rules 44,200
adopted pursuant to section 5101.541 of the Revised Code. 44,201
985
Sec. 5101.543. Any person may withdraw from the system of 44,210
mail issuance of food stamp coupons established under section 44,212
5101.541 of the Revised Code and revert to the method by which he 44,214
THE PERSON previously obtained food stamp coupons by notifying 44,217
the county department of human JOBS AND FAMILY services in person 44,218
or in writing. Reinstitution of the previous method of receiving 44,219
food stamp coupons shall be effective in the second month after 44,221
the receipt of notification from any person requesting reversion 44,223
to the previous method of issuing coupons. 44,224
Nothing in this section or section 5101.541 or 5101.542 of 44,226
the Revised Code shall be construed to limit the department of 44,228
human JOB AND FAMILY services' responsibility to provide 44,229
emergency food pursuant to any federal law or regulation.
Sec. 5101.544. If the benefits of a household are reduced 44,238
under a federal, state, or local means-tested public assistance 44,239
program for failure of a member of the household to perform an 44,240
action required under the program, the household may not receive, 44,241
for the duration of the reduction, an increased allotment of food 44,242
stamp benefits as the result of a decrease in the income of the 44,243
household to the extent that the decrease is the result of the 44,244
reduction. 44,245
The department of human JOB AND FAMILY services shall adopt 44,247
rules in accordance with Chapter 119. of the Revised Code to 44,249
implement this section. The rules shall be consistent with 7 44,250
U.S.C.A. 2017(d) and federal regulations. 44,251
Sec. 5101.572. Upon the request of the department of human 44,260
JOB AND FAMILY services, any third party as defined in section 44,261
5101.571 of the Revised Code shall cooperate with the department 44,262
in identifying individuals for the purpose of establishing third 44,263
party liability pursuant to Title XIX of the Social Security Act, 44,264
as amended. The department of human JOB AND FAMILY services shall 44,265
limit its use of information gained from third parties to 44,266
purposes directly connected with the administration of the 44,267
medicaid program. No third party shall disclose to other parties 44,268
986
or make use of any information regarding recipients of aid under 44,269
Chapter 5107. or 5111. of the Revised Code that it obtains from 44,270
the department of human JOB AND FAMILY services, except in the 44,271
manner provided for by the department DIRECTOR of human JOB AND 44,272
FAMILY services in its administrative rules. Any information 44,274
provided by a third party to the department of human JOB AND 44,275
FAMILY services shall not be considered a violation of any right 44,276
of confidentiality or contract that the third party may have with 44,277
covered persons including, but not limited to, contractees, 44,278
beneficiaries, heirs, assignees, and subscribers. The third 44,279
party is immune from any liability that it may otherwise incur 44,280
through its release of information to the department of human JOB 44,281
AND FAMILY services.
Sec. 5101.58. As used in this section and section 5101.59 44,291
of the Revised Code, "public assistance" means aid provided under 44,292
Chapter 5111. or 5115. of the Revised Code and participation in 44,293
the Ohio works first program established under Chapter 5107. of 44,294
the Revised Code.
The acceptance of public assistance gives a right of 44,298
recovery to the department of human JOB AND FAMILY services and a 44,299
county department of human JOB AND FAMILY services against the
liability of a third party for the cost of medical services and 44,300
care arising out of injury, disease, or disability of the public 44,301
assistance recipient or participant. When an action or claim is 44,303
brought against a third party by a public assistance recipient or 44,304
participant, the entire amount of any settlement or compromise of 44,306
the action or claim, or any court award or judgment, is subject 44,307
to the recovery right of the department of human JOB AND FAMILY 44,309
services or county department of human JOB AND FAMILY services. 44,310
Except in the case of a recipient OR PARTICIPANT who receives 44,311
medical services or care through a managed care organization, the 44,312
department's or county department's claim shall not exceed the 44,313
amount of medical expenses paid by the departments on behalf of 44,314
the recipient or participant. In the case of a recipient OR 44,315
987
PARTICIPANT who receives medical services or care through a 44,318
managed care organization, the amount of the department's OR
COUNTY DEPARTMENT'S claim shall be the amount the managed care 44,320
organization pays for medical services or care rendered to the 44,321
recipient OR PARTICIPANT, even if that amount is more than the 44,322
amount the departments pay to the managed care organization for 44,323
the recipient's OR PARTICIPANT'S medical services or care. Any 44,324
settlement, compromise, judgment, or award that excludes the cost 44,327
of medical services or care shall not preclude the departments 44,328
from enforcing their rights under this section. 44,329
Prior to initiating any recovery action, the recipient or 44,331
participant, or the recipient's or participant's representative, 44,332
shall disclose the identity of any third party against whom the 44,335
recipient or participant has or may have a right of recovery.
Disclosure shall be made to the department of human JOB AND 44,336
FAMILY services when medical expenses have been paid pursuant to 44,337
Chapter 5111. or 5115. of the Revised Code. Disclosure shall be 44,338
made to both the department of human JOB AND FAMILY services and 44,339
the appropriate county department of human JOB AND FAMILY 44,340
services when medical expenses have been paid pursuant to Chapter 44,341
5115. of the Revised Code. No settlement, compromise, judgment, 44,342
or award or any recovery in any action or claim by a recipient or 44,343
participant where the departments have a right of recovery shall 44,345
be made final without first giving the appropriate departments 44,346
notice and a reasonable opportunity to perfect their rights of 44,347
recovery. If the departments are not given appropriate notice, 44,349
the recipient or participant is liable to reimburse the 44,350
departments for the recovery received to the extent of medical 44,351
payments made by the departments. The departments shall be 44,352
permitted to enforce their recovery rights against the third 44,354
party even though they accepted prior payments in discharge of 44,355
their rights under this section if, at the time the departments 44,356
received such payments, they were not aware that additional 44,357
medical expenses had been incurred but had not yet been paid by 44,358
988
the departments. The third party becomes liable to the 44,359
department of human JOB AND FAMILY services or county department 44,360
of human JOB AND FAMILY services as soon as the third party is 44,361
notified in writing of the valid claims for recovery under this
section. 44,362
The right of recovery does not apply to that portion of any 44,365
judgment, award, settlement, or compromise of a claim, to the 44,366
extent of attorneys' fees, costs, or other expenses incurred by a 44,367
recipient or participant in securing the judgment, award, 44,368
settlement, or compromise, or to the extent of medical, surgical, 44,370
and hospital expenses paid by such recipient or participant from 44,371
the recipient's or participant's own resources. Attorney fees 44,373
and costs or other expenses in securing any recovery shall not be 44,374
assessed against any claims of the departments. 44,375
To enforce their recovery rights, the departments may do 44,378
any of the following: 44,379
(A) Intervene or join in any action or proceeding brought 44,381
by the recipient or participant or on the recipient's or 44,382
participant's behalf against any third party who may be liable 44,385
for the cost of medical services and care arising out of the 44,386
recipient's or participant's injury, disease, or disability;
(B) Institute and pursue legal proceedings against any 44,388
third party who may be liable for the cost of medical services 44,389
and care arising out of the recipient's or participant's injury, 44,390
disease, or disability; 44,391
(C) Initiate legal proceedings in conjunction with the 44,393
injured, diseased, or disabled recipient or participant or the 44,394
recipient's or participant's legal representative. 44,396
Recovery rights created by this section may be enforced 44,399
separately or jointly by the department of human JOB AND FAMILY 44,400
services and the county department of human JOB AND FAMILY 44,402
services.
The right of recovery given to the department under this 44,405
section does not include rights to support from any other person 44,406
989
assigned to the state under sections 5107.20 and 5115.13 of the 44,408
Revised Code, but includes payments made by a third party under 44,409
contract with a person having a duty to support. 44,410
The department DIRECTOR of human JOB AND FAMILY services 44,413
may adopt rules in accordance with Chapter 119. of the Revised
Code the department considers necessary to implement this 44,414
section.
Sec. 5101.59. (A) The application for or acceptance of 44,423
public assistance constitutes an automatic assignment of certain 44,425
rights to the department of human JOB AND FAMILY services. This 44,426
assignment includes the rights of the applicant, recipient, or 44,427
participant and also the rights of any other member of the 44,429
assistance group for whom the applicant, recipient, or 44,430
participant can legally make an assignment.
Pursuant to this section, the applicant, recipient, or 44,433
participant assigns to the department any rights to medical
support available to the applicant, recipient, or participant or 44,434
for other members of the assistance group under an order of a 44,436
court or administrative agency, and any rights to payments from 44,437
any third party liable to pay for the cost of medical care and 44,438
services arising out of injury, disease, or disability of the 44,439
applicant, recipient, participant, or other members of the 44,440
assistance group. 44,441
Medicare benefits shall not be assigned pursuant to this 44,443
section. Benefits assigned to the department by operation of 44,444
this section are directly reimbursable to the department by 44,445
liable third parties. 44,446
(B) Refusal by the applicant, recipient, or participant to 44,449
cooperate in obtaining medical support and payments for self or 44,450
any other member of the assistance group renders the applicant, 44,451
recipient, or participant ineligible for public assistance, 44,453
unless cooperation is waived by the department. Eligibility
shall continue for any individual who cannot legally assign the 44,454
individual's own rights and who would have been eligible for 44,456
990
public assistance but for the refusal to assign the individual's 44,457
rights or to cooperate as required by this section by another 44,458
person legally able to assign the individual's rights. 44,459
If the applicant, recipient, or participant or any member 44,462
of the assistance group becomes ineligible for public assistance, 44,463
the department shall restore to the applicant, recipient, 44,466
participant, or member of the assistance group any future rights 44,467
to benefits assigned under this section.
The rights of assignment given to the department under this 44,469
section do not include rights to support assigned under section 44,470
5107.20 or 5115.13 of the Revised Code. 44,471
(C) The department DIRECTOR OF JOB AND FAMILY SERVICES may 44,474
adopt rules in accordance with Chapter 119. of the Revised Code 44,475
to implement this section, including rules that specify what 44,476
constitutes cooperating with efforts to obtain medical support 44,477
and payments and when the cooperation requirement may be waived. 44,478
Sec. 5101.60. As used in sections 5101.60 to 5101.71 of 44,491
the Revised Code: 44,492
(A) "Abuse" means the infliction upon an adult by himself 44,494
SELF or others of injury, unreasonable confinement, intimidation, 44,495
or cruel punishment with resulting physical harm, pain, or mental 44,496
anguish. 44,497
(B) "Adult" means any person sixty years of age or older 44,499
within this state who is handicapped by the infirmities of aging 44,500
or who has a physical or mental impairment which prevents him THE 44,501
PERSON from providing for his THE PERSON'S own care or 44,503
protection, and who resides in an independent living arrangement. 44,505
An "independent living arrangement" is a domicile of a person's 44,506
own choosing, including, but not limited to, a private home, 44,507
apartment, trailer, or rooming house. Except as otherwise 44,508
provided in this division, it "independent living arrangement" 44,509
includes a community alternative home licensed pursuant to 44,510
section 3724.03 of the Revised Code but does not include other 44,511
institutions or facilities licensed by the state, or facilities 44,512
991
in which a person resides as a result of voluntary, civil, or 44,513
criminal commitment. "Independent living arrangement" does 44,514
include adult care facilities licensed pursuant to Chapter 3722. 44,515
of the Revised Code.
(C) "Caretaker" means the person assuming the 44,517
responsibility for the care of an adult on a voluntary basis, by 44,518
contract, through receipt of payment for care, as a result of a 44,519
family relationship, or by order of a court of competent 44,520
jurisdiction. 44,521
(D) "Court" means the probate court in the county where an 44,523
adult resides. 44,524
(E) "Emergency" means that the adult is living in 44,526
conditions which present a substantial risk of immediate and 44,527
irreparable physical harm or death to himself SELF or any other 44,528
person. 44,529
(F) "Emergency services" means protective services 44,531
furnished to an adult in an emergency. 44,532
(G) "Exploitation" means the unlawful or improper act of a 44,534
caretaker using an adult or his AN ADULT'S resources for monetary 44,536
or personal benefit, profit, or gain. 44,537
(H) "In need of protective services" means an adult known 44,539
or suspected to be suffering from abuse, neglect, or exploitation 44,540
to an extent that either life is endangered or physical harm, 44,541
mental anguish, or mental illness results or is likely to result. 44,542
(I) "Incapacitated person" means a person who is impaired 44,544
for any reason to the extent that he THE PERSON lacks sufficient 44,545
understanding or capacity to make and carry out reasonable 44,546
decisions concerning his person THE PERSON'S SELF or resources, 44,547
with or without the assistance of a caretaker. Refusal to 44,549
consent to the provision of services shall not be the sole 44,550
determinative that the person is incapacitated. "Reasonable 44,551
decisions" are decisions made in daily living which facilitate 44,552
the provision of food, shelter, clothing, and health care 44,553
necessary for life support.
992
(J) "Mental illness" means a substantial disorder of 44,555
thought, mood, perception, orientation, or memory that grossly 44,556
impairs judgment, behavior, capacity to recognize reality, or 44,557
ability to meet the ordinary demands of life. 44,558
(K) "Neglect" means the failure of an adult to provide for 44,560
himself SELF the goods or services necessary to avoid physical 44,561
harm, mental anguish, or mental illness or the failure of a 44,563
caretaker to provide such goods or services. 44,564
(L) "Peace officer" means a peace officer as defined in 44,566
section 2935.01 of the Revised Code. 44,567
(M) "Physical harm" means bodily pain, injury, impairment, 44,569
or disease suffered by an adult. 44,570
(N) "Protective services" means services provided by the 44,572
county department of human JOB AND FAMILY services or its 44,573
designated agency to an adult who has been determined by 44,575
evaluation to require such services for the prevention, 44,576
correction, or discontinuance of an act of as well as conditions 44,577
resulting from abuse, neglect, or exploitation. Protective 44,578
services may include, but are not limited to, case work services, 44,579
medical care, mental health services, legal services, fiscal 44,580
management, home health care, homemaker services, housing-related 44,581
services, guardianship services, and placement services as well 44,582
as the provision of such commodities as food, clothing, and 44,583
shelter.
(O) "Working day" means Monday, Tuesday, Wednesday, 44,585
Thursday, and Friday, except when such day is a holiday as 44,586
defined in section 1.14 of the Revised Code. 44,587
Sec. 5101.61. (A) As used in this section: 44,596
(1) "Senior service provider" means any person who 44,598
provides care or services to a person who is an adult as defined 44,599
in division (B) of section 5101.60 of the Revised Code. 44,600
(2) "Ambulatory health facility" means a nonprofit, public 44,602
or proprietary freestanding organization or a unit of such an 44,603
agency or organization that: 44,604
993
(a) Provides preventive, diagnostic, therapeutic, 44,606
rehabilitative, or palliative items or services furnished to an 44,607
outpatient or ambulatory patient, by or under the direction of a 44,608
physician or dentist in a facility which is not a part of a 44,609
hospital, but which is organized and operated to provide medical 44,610
care to outpatients; 44,611
(b) Has health and medical care policies which are 44,613
developed with the advice of, and with the provision of review of 44,614
such policies, an advisory committee of professional personnel, 44,615
including one or more physicians, one or more dentists, if dental 44,616
care is provided, and one or more registered nurses; 44,617
(c) Has a medical director, a dental director, if dental 44,619
care is provided, and a nursing director responsible for the 44,620
execution of such policies, and has physicians, dentists, 44,621
nursing, and ancillary staff appropriate to the scope of services 44,622
provided; 44,623
(d) Requires that the health care and medical care of 44,625
every patient be under the supervision of a physician, provides 44,626
for medical care in a case of emergency, has in effect a written 44,627
agreement with one or more hospitals and other centers or 44,628
clinics, and has an established patient referral system to other 44,629
resources, and a utilization review plan and program; 44,630
(e) Maintains clinical records on all patients; 44,632
(f) Provides nursing services and other therapeutic 44,634
services in accordance with programs and policies, with such 44,635
services supervised by a registered professional nurse, and has a 44,636
registered professional nurse on duty at all times of clinical 44,637
operations; 44,638
(g) Provides approved methods and procedures for the 44,640
dispensing and administration of drugs and biologicals; 44,641
(h) Has established an accounting and record keeping 44,643
system to determine reasonable and allowable costs; 44,644
(i) "Ambulatory health facilities" also includes an 44,646
alcoholism treatment facility approved by the joint commission on 44,647
994
accreditation of healthcare organizations as an alcoholism 44,648
treatment facility or certified by the department of alcohol and 44,649
drug addiction services, and such facility shall comply with 44,650
other provisions of this division not inconsistent with such 44,651
accreditation or certification. 44,652
(3) "Community mental health facility" means a facility 44,654
which provides community mental health services and is included 44,655
in the comprehensive mental health plan for the alcohol, drug 44,656
addiction, and mental health service district in which it is 44,657
located. 44,658
(4) "Community mental health service" means services, 44,660
other than inpatient services, provided by a community mental 44,661
health facility. 44,662
(5) "Home health agency" means an institution or a 44,664
distinct part of an institution operated in this state which: 44,665
(a) Is primarily engaged in providing home health 44,667
services; 44,668
(b) Has home health policies which are established by a 44,670
group of professional personnel, including one or more duly 44,671
licensed doctors of medicine or osteopathy and one or more 44,672
registered professional nurses, to govern the home health 44,673
services it provides and which includes a requirement that every 44,674
patient must be under the care of a duly licensed doctor of 44,675
medicine or osteopathy; 44,676
(c) Is under the supervision of a duly licensed doctor of 44,678
medicine or doctor of osteopathy or a registered professional 44,679
nurse who is responsible for the execution of such home health 44,680
policies; 44,681
(d) Maintains comprehensive records on all patients; 44,683
(e) Is operated by the state, a political subdivision, or 44,685
an agency of either, or is operated not for profit in this state 44,686
and is licensed or registered, if required, pursuant to law by 44,687
the appropriate department of the state, county, or municipality 44,688
in which it furnishes services; or is operated for profit in this 44,689
995
state, meets all the requirements specified in divisions 44,690
(A)(5)(a) to (d) of this section, and is certified under Title 44,691
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 44,692
U.S.C. 301, as amended. 44,693
(6) "Home health service" means the following items and 44,695
services, provided, except as provided in division (A)(6)(g) of 44,696
this section, on a visiting basis in a place of residence used as 44,697
the patient's home: 44,698
(a) Nursing care provided by or under the supervision of a 44,700
registered professional nurse; 44,701
(b) Physical, occupational, or speech therapy ordered by 44,703
the patient's attending physician; 44,704
(c) Medical social services performed by or under the 44,706
supervision of a qualified medical or psychiatric social worker 44,707
and under the direction of the patient's attending physician; 44,708
(d) Personal health care of the patient performed by aides 44,710
in accordance with the orders of a doctor of medicine or 44,711
osteopathy and under the supervision of a registered professional 44,712
nurse; 44,713
(e) Medical supplies and the use of medical appliances; 44,715
(f) Medical services of interns and residents-in-training 44,717
under an approved teaching program of a nonprofit hospital and 44,718
under the direction and supervision of the patient's attending 44,719
physician; 44,720
(g) Any of the foregoing items and services which: 44,722
(i) Are provided on an outpatient basis under arrangements 44,724
made by the home health agency at a hospital or skilled nursing 44,725
facility; 44,726
(ii) Involve the use of equipment of such a nature that 44,728
the items and services cannot readily be made available to the 44,729
patient in his THE PATIENT'S place of residence, or which are 44,730
furnished at the hospital or skilled nursing facility while his 44,732
THE PATIENT there to receive any item or service involving the 44,734
use of such equipment.
996
Any attorney, physician, osteopath, podiatrist, 44,736
chiropractor, dentist, psychologist, any employee of a hospital 44,737
as defined in section 3701.01 of the Revised Code, any nurse 44,738
licensed under Chapter 4723. of the Revised Code, any employee of 44,739
an ambulatory health facility, any employee of a home health 44,740
agency, any employee of an adult care facility as defined in 44,741
section 3722.01 of the Revised Code, any employee of a community 44,742
alternative home as defined in section 3724.01 of the Revised 44,743
Code, any employee of a nursing home, residential care facility, 44,745
or home for the aging, as defined in section 3721.01 of the 44,746
Revised Code, any senior service provider, any peace officer, 44,747
coroner, clergyman, any employee of a community mental health 44,748
facility, and any person engaged in social work or counseling 44,749
having reasonable cause to believe that an adult is being abused, 44,750
neglected, or exploited, or is in a condition which is the result 44,751
of abuse, neglect, or exploitation shall immediately report such 44,752
belief to the county department of human JOB AND FAMILY services. 44,753
This section does not apply to employees of any hospital or 44,755
public hospital as defined in section 5122.01 of the Revised 44,756
Code.
(B) Any person having reasonable cause to believe that an 44,758
adult has suffered abuse, neglect, or exploitation may report, or 44,759
cause reports to be made of such belief to the department. 44,760
(C) The reports made under this section shall be made 44,762
orally or in writing except that oral reports shall be followed 44,763
by a written report if a written report is requested by the 44,764
department. Written reports shall include: 44,765
(1) The name, address, and approximate age of the adult 44,767
who is the subject of the report; 44,768
(2) The name and address of the individual responsible for 44,770
the adult's care, if any individual is, and if he THE INDIVIDUAL 44,771
is known; 44,772
(3) The nature and extent of the alleged abuse, neglect, 44,774
or exploitation of the adult; 44,775
997
(4) The basis of the reporter's belief that the adult has 44,777
been abused, neglected, or exploited. 44,778
(D) Any person with reasonable cause to believe that an 44,780
adult is suffering abuse, neglect, or exploitation who makes a 44,781
report pursuant to this section or who testifies in any 44,782
administrative or judicial proceeding arising from such a report, 44,783
or any employee of the state or any of its subdivisions who is 44,784
discharging responsibilities under section 5101.62 of the Revised 44,785
Code shall be immune from civil or criminal liability on account 44,786
of such investigation, report, or testimony, except liability for 44,787
perjury, unless the person has acted in bad faith or with 44,788
malicious purpose. 44,789
(E) No employer or any other person with the authority to 44,791
do so shall discharge, demote, transfer, prepare a negative work 44,792
performance evaluation, or reduce benefits, pay, or work 44,793
privileges, or take any other action detrimental to an employee 44,794
or in any way retaliate against an employee as a result of the 44,795
employee's having filed a report under this section. 44,796
(F) Neither the written or oral report provided for in 44,798
this section nor the investigatory report provided for in section 44,799
5101.62 of the Revised Code shall be considered a public record 44,800
as defined in section 149.43 of the Revised Code. Information 44,801
contained in the report shall upon request be made available to 44,802
the adult who is the subject of the report, to agencies 44,803
authorized by the department to receive information contained in 44,804
the report, and to legal counsel for the adult. 44,805
Sec. 5101.611. If a county department of human JOB AND 44,814
FAMILY services knows or has reasonable cause to believe that the 44,815
subject of a report made under section 5101.61 or of an 44,816
investigation conducted under sections 5101.62 to 5101.64 or on 44,817
the initiative of the department is mentally retarded or 44,818
developmentally disabled as defined in section 5126.01 of the 44,819
Revised Code, the department shall refer the case to the county 44,820
board of mental retardation and developmental disabilities of 44,821
998
that county for review pursuant to section 5126.31 of the Revised 44,822
Code.
If a county board of mental retardation and developmental 44,824
disabilities refers a case to the county department of human JOB 44,825
AND FAMILY services in accordance with section 5126.31, the 44,826
department shall proceed with the case in accordance with 44,827
sections 5101.60 to 5101.71 of the Revised Code. 44,828
Sec. 5101.62. The county department of human JOB AND 44,837
FAMILY services shall be responsible for the investigation of all 44,838
reports provided for in section 5101.61 and all cases referred to 44,839
it under section 5126.31 of the Revised Code and for evaluating 44,840
the need for and, to the extent of available funds, providing or 44,841
arranging for the provision of protective services. The 44,842
department may designate another agency to perform the 44,843
department's duties under this section. 44,844
Investigation of the report provided for in section 5101.61 44,846
or a case referred to the department under section 5126.31 of the 44,847
Revised Code shall be initiated within twenty-four hours after 44,848
the department receives the report or case if any emergency 44,849
exists; otherwise investigation shall be initiated within three 44,850
working days. 44,851
Investigation of the need for protective services shall 44,853
include a face-to-face visit with the adult who is the subject of 44,854
the report, preferably in his THE ADULT'S residence, and 44,855
consultation with the person who made the report, if feasible, 44,857
and agencies or persons who have information about the adult's 44,858
alleged abuse, neglect, or exploitation. 44,859
The department shall give written notice of the intent of 44,861
the investigation and an explanation of the notice in language 44,862
reasonably understandable to the adult who is the subject of the 44,863
investigation, at the time of the initial interview with that 44,864
person. 44,865
Upon completion of the investigation, the department shall 44,867
determine from its findings whether or not the adult who is the 44,868
999
subject of the report is in need of protective services. No 44,869
adult shall be determined to be abused, neglected, or in need of 44,870
protective services for the sole reason that, in lieu of medical 44,871
treatment, he THE ADULT relies on or is being furnished spiritual 44,873
treatment through prayer alone in accordance with the tenets and 44,874
practices of a church or religious denomination of which he THE 44,875
ADULT is a member or adherent. The department shall write a 44,877
report which confirms or denies the need for protective services 44,878
and states why it reached this conclusion. 44,879
Sec. 5101.63. If, during the course of an investigation 44,888
conducted under section 5101.62 of the Revised Code, any person, 44,889
including the adult who is the subject of the investigation, 44,891
denies or obstructs access to the residence of the adult, the 44,892
county department of human JOB AND FAMILY services may file a 44,893
petition in court for a temporary restraining order to prevent 44,894
the interference or obstruction. The court shall issue a 44,895
temporary restraining order to prevent the interference or 44,897
obstruction if it finds there is reasonable cause to believe that 44,898
the adult is being or has been abused, neglected, or exploited 44,899
and access to the person's residence has been denied or 44,902
obstructed. Such a finding is prima-facie evidence that 44,904
immediate and irreparable injury, loss, or damage will result, so 44,905
that notice is not required. After obtaining an order 44,906
restraining the obstruction of or interference with the access of 44,908
the protective services representative, the representative may be 44,910
accompanied to the residence by a peace officer. 44,912
Sec. 5101.65. If the county department of human JOB AND 44,921
FAMILY services determines that an adult is in need of protective 44,922
services and is an incapacitated person, the department may 44,923
petition the court for an order authorizing the provision of 44,924
protective services. The petition shall state the specific facts 44,925
alleging the abuse, neglect, or exploitation and shall include a 44,926
proposed protective service plan. Any plan for protective
services shall be specified in the petition. 44,927
1000
Sec. 5101.67. (A) The court shall hold a hearing on the 44,937
petition as provided in section 5101.65 of the Revised Code 44,938
within fourteen days after its filing. The adult who is the 44,939
subject of the petition shall have the right to be present at the 44,940
hearing, present evidence, and examine and cross-examine 44,941
witnesses. The adult shall be represented by counsel unless the 44,942
right to counsel is knowingly waived. If the adult is indigent, 44,943
the court shall appoint counsel to represent him THE ADULT. If 44,944
the court determines that the adult lacks the capacity to waive 44,946
the right to counsel, the court shall appoint counsel to 44,947
represent his THE ADULT'S interests. 44,948
(B) If the court finds, on the basis of clear and 44,950
convincing evidence, that the adult has been abused, neglected, 44,951
or exploited, is in need of protective services, and is 44,952
incapacitated, and no person authorized by law or by court order 44,953
is available to give consent, it shall issue an order requiring 44,954
the provision of protective services only if they are available 44,955
locally. 44,956
(C) If the court orders placement under this section it 44,958
shall give consideration to the choice of residence of the adult. 44,959
The court may order placement in settings which have been 44,960
approved by he THE department of human JOB AND FAMILY services as 44,961
meeting at least minimum community standards. for safety, 44,962
security, and the requirements of daily living. The court shall 44,963
not order an institutional placement unless it has made a 44,964
specific finding entered in the record that no less restrictive 44,965
alternative can be found to meet the needs of the individual. No 44,966
individual may be committed to a hospital or public hospital as 44,967
defined in section 5122.01 of the Revised Code pursuant to this 44,968
section.
(D) The placement of an adult pursuant to court order as 44,970
provided in this section shall not be changed unless the court 44,971
authorized the transfer of placement after finding compelling 44,972
reasons to justify the transfer. Unless the court finds that an 44,973
1001
emergency exists, the court shall notify the adult of a transfer 44,974
at least thirty days prior to the actual transfer. 44,975
(E) A court order provided for in this section shall 44,977
remain in effect for no longer than six months. Thereafter, the 44,978
county department of human JOB AND FAMILY services shall review 44,979
the adult's need for continued services and, if the department 44,981
determines that there is a continued need, it shall apply for a 44,982
renewal of the order for additional periods of no longer than one 44,983
year each. The adult who is the subject of the court-ordered 44,984
services may petition for modification of the order at any time. 44,985
Sec. 5101.70. (A) If it appears that an adult in need of 44,994
protective services has the financial means sufficient to pay for 44,995
such services, the county department of human JOB AND FAMILY 44,996
services shall make an evaluation regarding such means. If the 44,998
evaluation establishes that the adult has such financial means, 44,999
the department shall initiate procedures for reimbursement 45,000
pursuant to rules promulgated by the department. If the 45,001
evaluation establishes that the adult does not have such 45,002
financial means, the services shall be provided in accordance 45,003
with the policies and procedures established by the department of 45,004
human JOB AND FAMILY services for the provision of welfare 45,006
assistance. An adult shall not be required to pay for 45,007
court-ordered protective services unless the court determines 45,008
upon a showing by the department that the adult is financially 45,009
able to pay and the court orders the adult to pay.
(B) Whenever the department has petitioned the court to 45,011
authorize the provision of protective services and the adult who 45,012
is the subject of the petition is indigent, the court shall 45,013
appoint legal counsel. 45,014
Sec. 5101.71. (A) The county departments of human JOB AND 45,023
FAMILY services shall implement sections 5101.60 to 5101.71 of 45,025
the Revised Code. The department of human JOB AND FAMILY 45,026
services may provide a program of ongoing, comprehensive, formal 45,027
training to county departments and other agencies authorized to 45,028
1002
implement sections 5101.60 to 5101.71 of the Revised Code. 45,029
Training shall not be limited to the procedures for implementing 45,030
section 5101.62 of the Revised Code.
(B) The department DIRECTOR of human JOB AND FAMILY 45,033
services may adopt rules in accordance with section 111.15 of the 45,034
Revised Code governing the county departments' implementation of 45,035
sections 5101.60 to 5101.71 of the Revised Code. The rules
adopted pursuant to this division may include a requirement that 45,036
the county departments provide on forms prescribed by the rules a 45,037
plan of proposed expenditures, and a report of actual 45,038
expenditures, of funds necessary to implement sections 5101.60 to 45,039
5101.71 of the Revised Code.
Sec. 5101.72. The department of human JOB AND FAMILY 45,048
services, to the extent of available funds, may reimburse county 45,050
departments of human JOB AND FAMILY services for all or part of 45,051
the costs they incur in implementing sections 5101.60 to 5101.71 45,052
of the Revised Code. The director of human JOB AND FAMILY 45,054
services shall adopt, and may amend or rescind, rules under 45,056
section 111.15 of the Revised Code that provide for reimbursement
of county departments of human JOB AND FAMILY services under this 45,058
section.
Sec. 5101.75. (A) As used in sections 5101.75, 5101.751, 45,067
5101.752, 5101.753, and 5101.754 of the Revised Code: 45,068
(1) "Alternative source of long-term care" includes a 45,070
residential care facility licensed under Chapter 3721. of the 45,071
Revised Code, an adult care facility licensed under Chapter 3722. 45,073
of the Revised Code, home and community-based services, and a 45,074
nursing home licensed under Chapter 3721. of the Revised Code 45,075
that is not a nursing facility. 45,076
(2) "Medicaid" means the medical assistance program 45,078
established under Chapter 5111. of the Revised Code. 45,079
(3) "Nursing facility" has the same meaning as in section 45,081
5111.20 of the Revised Code. 45,082
(4) "Representative" means a person acting on behalf of an 45,085
1003
applicant for admission to a nursing facility. A representative 45,086
may be a family member, attorney, hospital social worker, or any 45,087
other person chosen to act on behalf of an applicant. 45,088
(5) "Third-party payment source" means a third-party payer 45,090
as defined in section 3901.38 of the Revised Code or medicaid. 45,091
(B) Effective July 1, 1994, the department of human JOB 45,093
AND FAMILY services may assess a person applying or intending to
apply for admission to a nursing facility who is not an applicant 45,094
for or recipient of medicaid to determine whether the person is 45,095
in need of nursing facility services and whether an alternative 45,096
source of long-term care is more appropriate for the person in 45,097
meeting his THE PERSON'S physical, mental, and psychosocial needs 45,098
than admission to the facility to which he THE PERSON has 45,099
applied.
Each assessment shall be performed by the department or an 45,101
agency designated by the department under section 5101.751 of the 45,102
Revised Code and shall be based on information provided by the 45,103
person or his THE PERSON'S representative. It shall consider the 45,104
person's physical, mental, and psychosocial needs and the 45,105
availability and effectiveness of informal support and care. The 45,106
department or designated agency shall determine the person's 45,108
physical, mental, and psychosocial needs by using, to the maximum 45,109
extent appropriate, information from the resident assessment 45,110
instrument specified in rules adopted by the department under 45,111
division (A) of section 5111.231 of the Revised Code. The 45,112
department or designated agency shall also use the criteria and
procedures established in rules adopted by the department under 45,113
division (I) of this section. Assessments may be performed only 45,114
by persons certified by the department under section 5101.752 of 45,115
the Revised Code. The department or designated agency shall make 45,116
a recommendation on the basis of the assessment and, not later 45,117
than the time the assessment is required to be performed under 45,118
division (D) of this section, give the person assessed written 45,119
notice of the recommendation, which shall explain the basis for 45,120
1004
the recommendation. If the department or designated agency 45,121
determines pursuant to an assessment that an alternative source 45,123
of long-term care is more appropriate for the person than 45,124
admission to the facility to which he THE PERSON has applied, the 45,125
department or designated agency shall include in the notice 45,127
possible sources of financial assistance for the alternative 45,128
source of long-term care. If the department or designated agency
has been informed that the person has a representative, it shall 45,129
give the notice to the representative. 45,130
(C) A person is not required to be assessed under division 45,132
(B) of this section if any of the following apply: 45,133
(1) The circumstances specified by rules adopted under 45,135
division (I) of this section exist. 45,136
(2) He THE PERSON is to receive care in a nursing facility 45,138
under a contract for continuing care as defined in section 173.13 45,140
of the Revised Code. 45,141
(3) He THE PERSON has a contractual right to admission to 45,143
a nursing facility operated as part of a system of continuing 45,145
care in conjunction with one or more facilities that provide a 45,146
less intensive level of services, including a residential care 45,147
facility licensed under Chapter 3721. of the Revised Code, an 45,149
adult-care facility licensed under Chapter 3722. of the Revised 45,150
Code, or an independent living arrangement; 45,151
(4) He THE PERSON is to receive continual care in a home 45,153
for the aged exempt from taxation under section 5701.13 of the 45,155
Revised Code;
(5) He THE PERSON is to receive care in the nursing 45,157
facility for not more than fourteen days in order to provide 45,159
temporary relief to his THE PERSON'S primary caregiver and the 45,160
nursing facility notifies the department of his THE PERSON'S 45,162
admittance not later than twenty-four hours after admitting him 45,164
THE PERSON;
(6) He THE PERSON is to be transferred from another 45,166
nursing facility, unless the nursing facility from which or to 45,168
1005
which he THE PERSON is to be transferred determines that his THE 45,170
PERSON'S medical condition has changed substantially since his 45,172
THE PERSON'S admission to the nursing facility from which he THE 45,174
PERSON is to be transferred or a review is required by a 45,175
third-party payment source; 45,176
(7) He THE PERSON is to be readmitted to a nursing 45,178
facility following a period of hospitalization, unless the 45,180
hospital or nursing facility determines that his THE PERSON'S 45,181
medical condition has changed substantially since his THE 45,183
PERSON'S admission to the hospital, or a review is required by a 45,185
third-party payment source;
(8) The department or designated agency fails to complete 45,187
an assessment within the time required by division (D) or (E) of 45,188
this section or determines after a partial assessment that the 45,189
person should be exempt from the assessment. 45,190
(D) The department or designated agency shall perform a 45,192
complete assessment, or, if circumstances provided by rules 45,193
adopted under division (I) of this section exist, a partial 45,194
assessment, as follows: 45,195
(1) In the case of a hospitalized person applying or 45,197
intending to apply to a nursing facility, not later than two 45,198
working days after the person or his THE PERSON'S representative 45,199
is notified that a bed is available in a nursing facility; 45,201
(2) In the case of an emergency as determined in 45,203
accordance with rules adopted under division (I) of this section, 45,204
not later than one working day after the person or his THE 45,205
PERSON'S representative is notified that a bed is available in a 45,207
nursing facility; 45,208
(3) In all other cases, not later than five calendar days 45,210
after the person or his THE PERSON'S representative who submits 45,211
the application is notified that a bed is available in a nursing 45,213
facility. 45,214
(E) If the department or designated agency conducts a 45,216
partial assessment under division (D) of this section, it shall 45,217
1006
complete the rest of the assessment not later than one hundred 45,218
eighty days after the date the person is admitted to the nursing 45,219
facility unless the assessment entity determines the person 45,220
should be exempt from the assessment. 45,221
(F) A person assessed under this section or his THE 45,223
PERSON'S representative may file a complaint with the department 45,224
about the assessment process. The department shall work to 45,225
resolve the complaint in accordance with rules adopted under 45,226
division (I) of this section. 45,227
(G) A person is not required to seek an alternative source 45,229
of long-term care and may be admitted to or continue to reside in 45,230
a nursing facility even though an alternative source of long-term 45,231
care is available or he THE PERSON is determined pursuant to an 45,232
assessment under this section not to need nursing facility 45,234
services.
(H) No nursing facility with a provider agreement with the 45,237
department under section 5111.22 of the Revised Code shall admit 45,238
or retain any person, other than a person exempt from the
assessment requirement as provided by division (C) of this 45,239
section, as a resident unless the nursing facility has received 45,240
evidence that a complete or partial assessment has been 45,241
completed. 45,242
(I) The department DIRECTOR OF JOB AND FAMILY SERVICES 45,244
shall adopt rules in accordance with Chapter 119. of the Revised 45,246
Code to implement and administer this section. The rules shall 45,247
include all of the following:
(1) The information a person being assessed or his THE 45,249
PERSON'S representative must provide to enable the department or 45,250
designated agency to do the assessment; 45,253
(2) Criteria to be used to determine whether a person is 45,255
in need of nursing facility services; 45,256
(3) Criteria to be used to determine whether an 45,258
alternative source of long-term care is appropriate for the 45,259
person being assessed; 45,260
1007
(4) Criteria and procedures to be used to determine a 45,262
person's physical, mental, and psychosocial needs; 45,263
(5) Criteria to be used to determine the effectiveness and 45,265
continued availability of a person's current source of informal 45,266
support and care; 45,267
(6) Circumstances, in addition to those specified in 45,269
division (C) of this section, under which a person is not 45,270
required to be assessed; 45,271
(7) Circumstances under which the department or designated 45,273
agency may perform a partial assessment under division (D) of 45,274
this section;
(8) The method by which a situation will be determined to 45,276
be an emergency for the purpose of division (D)(2) of this 45,277
section; 45,278
(9) The method by which the department will attempt to 45,280
resolve complaints filed under division (F) of this section. 45,281
(J) The director of human JOB AND FAMILY services may fine 45,283
a nursing facility an amount determined by rules the director 45,284
shall adopt in accordance with Chapter 119. of the Revised Code 45,285
in either of the following circumstances: 45,286
(1) The nursing facility fails to notify the department 45,288
within the required time about an admission described in division 45,289
(C)(5) of this section; 45,290
(2) The nursing facility admits, without evidence that a 45,292
complete or partial assessment has been conducted, a person other 45,293
than a person exempt from the assessment requirement as provided 45,294
by division (C) of this section. 45,295
The director shall deposit all fines collected under this 45,297
division into the residents protection fund established by 45,298
section 5111.62 of the Revised Code. 45,299
Sec. 5101.751. (A) The department of human JOB AND FAMILY 45,308
services may designate another agency to perform assessments 45,309
under section 5101.75 of the Revised Code. If another agency is 45,310
designated to perform assessments, the department shall supervise 45,311
1008
the agency. The department shall rescind an agency's authority 45,312
to perform assessments if the department determines the agency is 45,313
not performing assessments adequately.
(B) If the department designates another agency to perform 45,315
assessments, the department shall evaluate the performance of the 45,317
agency not less than once each year. The department shall submit 45,318
to the agency a written report of the department's evaluation. 45,319
If the department concludes in an evaluation that the agency's 45,320
performance needs to be improved, the department may provide the 45,321
agency with technical assistance. If the department concludes 45,322
that the agency is not performing the assessments in accordance 45,323
with section 5101.75 of the Revised Code and the rules adopted 45,324
under that section, the department shall rescind its designation. 45,325
(C) If another agency is designated to perform 45,327
assessments, the agency shall submit to the department of human 45,328
JOB AND FAMILY services not less than once each month the
following information: 45,329
(1) The number, race, gender, and age of each person 45,331
assessed under section 5101.75 of the Revised Code to need 45,332
nursing facility services; what type of facility, including an 45,333
independent living arrangement, hospital, adult care facility, 45,334
residential care facility, nursing home, a different nursing 45,336
facility, or other type of facility, the person resided in when 45,337
he THE PERSON applied for admission to a nursing facility; and 45,338
the length of time it took the agency to authorize the admission; 45,339
(2) The number, race, gender, and age of each person 45,341
assessed under section 5101.754 of the Revised Code to need the 45,342
level of care provided by a nursing facility; what type of 45,343
facility, including an independent living arrangement, hospital, 45,344
adult care facility, residential care facility, nursing home, a 45,346
different nursing facility, or other type of facility, the person 45,347
resided in when he THE PERSON applied for admission to a nursing 45,349
facility; and the length of time it took the agency to authorize 45,350
admission;
1009
(3) The number, race, gender, and age of each person for 45,352
whom it is determined pursuant to an assessment that an 45,353
alternative source of long-term care is appropriate; the type of 45,354
long-term care the person subsequently received; and the amount 45,355
and frequency of long-term care the person received or is 45,356
receiving. 45,357
Sec. 5101.752. The department of human JOB AND FAMILY 45,366
services shall certify registered nurses licensed under Chapter 45,367
4723. of the Revised Code and social workers and independent 45,368
social workers licensed under Chapter 4757. of the Revised Code 45,369
who meet certification requirements established by rule to
perform assessments under section 5101.75 or 5101.754 of the 45,370
Revised Code. The department DIRECTOR OF JOB AND FAMILY SERVICES 45,371
shall adopt rules in accordance with Chapter 119. of the Revised 45,373
Code governing the certification process and requirements. The
rules shall specify the education, experience, or training in 45,374
geriatric long-term care a person must have to qualify for 45,375
certification.
Sec. 5101.754. On receipt of a waiver from the United 45,384
States department of health and human services of any federal 45,385
requirements that prohibit or restrict the implementation of this 45,387
section or determining that a federal waiver is not necessary, 45,389
the department of human JOB AND FAMILY services may designate
another agency to conduct the assessments required by section 45,391
5111.204 of the Revised Code. The assessments shall be conducted 45,392
in accordance with rules adopted by the department of human 45,393
services under section 5111.204 of the Revised Code. The agency 45,395
shall report assessments in accordance with rules the department 45,396
DIRECTOR OF JOB AND FAMILY SERVICES shall adopt in accordance 45,397
with Chapter 119. of the Revised Code.
Sec. 5101.80. (A) The department of human JOB AND FAMILY 45,406
services shall do all of the following: 45,407
(1) Prepare and submit to the United States secretary of 45,409
health and human services a Title IV-A state plan, and amendments 45,411
1010
to the plan that the department determines necessary, for the 45,412
Ohio works first program established under Chapter 5107. of the 45,414
Revised Code and the prevention, retention, and contingency
program established under Chapter 5108. of the Revised Code; 45,415
(2) Prescribe forms for applications, certificates, 45,417
reports, records, and accounts of county departments of human JOB 45,418
AND FAMILY services, and other matters related to the Ohio works 45,419
first program and the prevention, retention, and contingency 45,420
program;
(3) Make such reports, in such form and containing such 45,422
information as the department may find necessary to assure the 45,425
correctness and verification of such reports, regarding the Ohio 45,426
works first program and the prevention, retention, and
contingency program; 45,427
(4) Require reports and information from each county 45,429
department of human JOB AND FAMILY services as may be necessary 45,430
or advisable regarding the Ohio works first program and the 45,431
prevention, retention, and contingency program; 45,432
(5) Afford a fair hearing in accordance with section 45,434
5101.35 of the Revised Code to any applicant for, or participant 45,436
or former participant of, the Ohio works first program or the 45,437
prevention, retention, and contingency program aggrieved by a
decision regarding either program; 45,438
(6) Administer and expend, pursuant to Chapters 5107. and 45,441
5108. of the Revised Code, any sums appropriated by the general 45,442
assembly for the purpose of those chapters and all sums paid to 45,444
the state by the secretary of the treasury of the United States 45,446
as authorized by Title IV-A of the "Social Security Act," 49 45,448
Stat. 620 (1935), 42 U.S.C. 301, as amended; 45,449
(7) Conduct investigations as are necessary regarding the 45,452
Ohio works first program and the prevention, retention, and 45,453
contingency program;
(8) Enter into reciprocal agreements with other states 45,455
relative to the provision of Ohio works first and prevention, 45,457
1011
retention, and contingency to residents and nonresidents; 45,458
(9) Contract with a private entity to conduct an 45,461
independent on-going evaluation of the Ohio works first program 45,462
and the prevention, retention, and contingency program. The 45,463
contract must require the private entity to do all of the 45,465
following:
(a) Examine issues of process, practice, impact, and 45,467
outcomes;
(b) Study former participants of Ohio works first who have 45,470
not participated in Ohio works first for at least one year to 45,471
determine whether they are employed, the type of employment in 45,473
which they are engaged, the amount of compensation they are 45,474
receiving, whether their employer provides health insurance, 45,475
whether and how often they have received assistance or services
under the prevention, retention, and contingency program, and 45,476
whether they are successfully self sufficient; 45,477
(c) Provide the department an initial report of the 45,479
evaluation not later than two years after the effective date of 45,480
this amendment OCTOBER 1, 1997, and provide subsequent reports at 45,481
times the department specifies. 45,483
(10) Not later than March 1, 1998, and the first day of 45,487
each September and March thereafter until September 1, 2001, 45,489
prepare a county by county report concerning individuals who 45,490
cease to participate in Ohio works first that contains the 45,491
reasons the individuals ceased to participate, including 45,492
employment, marital status, and relocation; 45,493
(11) Not later than January 1, 2001, and the first day of 45,497
each January and July thereafter, prepare a report containing 45,499
information on the following:
(a) A county by county breakdown of individuals who cease 45,502
to participate in Ohio works first and the reasons the 45,503
individuals ceased to participate, including exhausting the time 45,504
limits for participation set forth in section 5107.18 of the 45,505
Revised Code. 45,506
1012
(b) Individuals who have been exempted from the time 45,509
limits set forth in section 5107.18 of the Revised Code and the 45,511
reasons for the exemption. 45,512
(B) The department shall provide copies of the reports it 45,514
receives under division (A)(9) of this section and prepares under 45,516
divisions (A)(10) and (11) of this section to the governor, the 45,518
president and minority leader of the senate, and the speaker and 45,519
minority leader of the house of representatives. The department 45,520
shall provide copies of the reports to any private or government 45,521
entity on request.
(C) An authorized representative of the department or a 45,523
county department of human JOB AND FAMILY services shall have 45,524
access to all records and information bearing thereon for the 45,525
purposes of investigations conducted pursuant to this section. 45,526
Sec. 5101.81. (A) Prior to submitting the Title IV-A 45,536
state plan required by section 5101.80 of the Revised Code to the 45,539
United States secretary of health and human services, the 45,540
department of human JOB AND FAMILY services shall submit the plan 45,541
to all of the following members of the general assembly: 45,542
(1) The president and minority leader of the senate; 45,544
(2) The speaker and minority leader of the house of 45,546
representatives;
(3) The chairpersons and ranking minority members of the 45,548
house and senate committees with primary responsibility for 45,549
appropriations.
(B) The president of the senate and the speaker of the 45,551
house of representatives may establish a joint study committee to 45,552
examine whether the Title IV-A state plan complies with federal 45,554
statutes and regulations and state law. If the committee is 45,555
established, the president of the senate shall appoint three 45,556
members of the senate serving on the senate committee with 45,557
primary responsibility for appropriations and the speaker of the 45,558
house of representatives shall appoint three members of the house 45,559
of representatives serving on the house of representatives 45,560
1013
committee with primary responsibility for appropriations. Not 45,561
more than two members of the senate and not more than two members 45,563
of the house of representatives appointed to the committee shall
be members of the same political party. The committee may issue 45,565
a report to the department of human JOB AND FAMILY services 45,566
regarding the committee's findings. The department shall make 45,567
corrections to the Title IV-A state plan that are necessary to 45,570
ensure it is in compliance with federal statutes and regulations 45,571
and state law.
Sec. 5101.83. (A) As used in this section: 45,580
(1) "Assistance group" has the same meaning as in sections 45,582
5107.02 and 5108.01 of the Revised Code. 45,583
(2) "Fraudulent assistance" means assistance and services, 45,586
including cash assistance, provided under the Ohio works first 45,587
program established under Chapter 5107., or the prevention, 45,588
retention, and contingency program established under Chapter 45,589
5108. of the Revised Code, to or on behalf of an assistance group 45,590
that is provided as a result of fraud by a member of the 45,592
assistance group, including an intentional violation of the 45,593
program's requirements. "Fraudulent assistance" does not include 45,594
assistance or services to or on behalf of an assistance group 45,596
that is provided as a result of an error that is the fault of a 45,597
county department of human JOB AND FAMILY services or the state 45,598
department of human JOB AND FAMILY services. 45,599
(B) If a county director of human JOB AND FAMILY services 45,602
determines that an assistance group has received fraudulent 45,603
assistance, the assistance group is ineligible to participate in 45,604
the Ohio works first program or the prevention, retention, and 45,605
contingency program until a member of the assistance group repays 45,607
the cost of the fraudulent assistance. If a member repays the 45,608
cost of the fraudulent assistance and the assistance group 45,610
otherwise meets the eligibility requirements for the Ohio works 45,611
first program or the prevention, retention, and contingency 45,612
program, the assistance group shall not be denied the opportunity 45,613
1014
to participate in the program. 45,614
This section does not limit the ability of a county 45,616
department of human JOB AND FAMILY services to recover erroneous 45,617
payments under section 5107.76 of the Revised Code. 45,619
The state department of human JOB AND FAMILY services shall 45,621
adopt rules in accordance with Chapter 119. of the Revised Code 45,623
to implement this section.
Sec. 5101.851. There is hereby created the kinship care 45,632
services planning council in the department of human JOB AND 45,633
FAMILY services. The following shall serve on the council: 45,634
(A) The superintendent of public instruction and the 45,636
directors of human JOB AND FAMILY services, youth services, 45,637
health, mental health, alcohol and drug addiction services, 45,639
mental retardation and developmental disabilities, and aging or 45,640
the superintendent's or directors' designees; 45,641
(B) Representatives of the following as appointed by the 45,643
director of human JOB AND FAMILY services not later than August 45,644
30, 1999:
(1) Public children services agencies; 45,646
(2) County departments of human JOB AND FAMILY services; 45,648
(3) Child support enforcement agencies; 45,650
(4) Area agencies on aging; 45,652
(5) Legal aid societies; 45,654
(6) Organizations the director determines should be 45,656
represented on the council. 45,657
Sec. 5101.852. Based on the report of the grandparents 45,666
raising grandchildren task force created by Am. Sub. H.B. 215 of 45,667
the 122nd general assembly, the kinship care services planning 45,668
council shall make recommendations to the director of human JOB 45,669
AND FAMILY services that specify the types of services that 45,671
should be included as part of a program providing support 45,672
services to kinship caregivers.
The council shall make its recommendations to the director 45,674
of human JOB AND FAMILY services no later than December 31, 1999. 45,675
1015
The council shall cease to exist on the date it makes the 45,677
recommendations.
Sec. 5101.853. (A) As used in this section, "qualified 45,686
state expenditures" has the meaning provided by section 45,687
409(a)(7)(B)(i) of the "Personal Responsibility and Work 45,688
Opportunity Reconciliation Act of 1996," 110 Stat. 2105, 42 45,689
U.S.C.A. 609(a)(7)(B)(i).
(B) Using qualified state expenditures and based on the 45,691
recommendations of the kinship care services planning council, 45,692
the department of human JOB AND FAMILY services shall establish a 45,693
program providing support services to kinship caregivers that 45,695
addresses the needs of those caregivers. The department shall 45,696
establish the program no later than March 31, 2000. The program 45,697
shall provide support services that include the following: 45,698
(1) Publicly funded child day-care; 45,700
(2) Respite care; 45,702
(3) Training related to caring for special needs children; 45,704
(4) A toll-free telephone number that may be called to 45,706
obtain basic information about the rights of, and services 45,707
available to, kinship caregivers; 45,708
(5) Legal services. 45,710
Sec. 5101.854. The department of human JOB AND FAMILY 45,719
services shall adopt rules in accordance with Chapter 119. of the 45,721
Revised Code to implement the program to provide support services 45,722
to kinship caregivers. To the extent permitted by federal law 45,723
and the Revised Code, the rules may expand eligibility for 45,724
programs administered by the department in a manner making 45,725
kinship caregivers eligible for the programs.
Sec. 5101.93. (A) There is hereby established a welfare 45,735
oversight council consisting of eight voting members, four of 45,736
whom shall be members of the house of representatives, two 45,737
appointed by the speaker and two appointed by the minority leader 45,738
of the house of representatives, not more than two of whom shall 45,739
be members of the same political party, and four of whom shall be 45,740
1016
members of the senate, two appointed by the president and two 45,741
appointed by the minority leader of the senate, not more than two 45,742
of whom shall be members of the same political party. The 45,743
director DIRECTORS of administrative services, the administrator 45,745
of the bureau of employment services, and the director of human 45,747
JOB AND FAMILY services shall be ex officio nonvoting members and 45,748
two. TWO representatives of the general public appointed by the 45,750
governor shall be nonvoting members of the council. The council 45,751
may, by a majority vote, add other nonvoting members to the 45,752
council. A vacancy on the council shall be filled in the same 45,754
manner as the original appointment. 45,755
(B) The speaker of the house of representatives shall 45,757
designate the initial chairperson of the welfare oversight 45,758
council and the president of the senate shall designate the 45,759
initial vice-chairperson of the council. Thereafter, the 45,760
authority to designate the chairperson and the vice-chairperson 45,761
shall alternate between the speaker of the house and the 45,762
president of the senate. The chairperson and vice-chairperson 45,763
and other members of the council shall serve one-year terms. 45,764
The council shall meet at least four times a year in 45,767
Columbus or other locations selected by the chairperson to 45,768
monitor and review the Ohio works first program established under 45,769
Chapter 5107. of the Revised Code, including sanctions imposed 45,770
under section 5107.16 of the Revised Code; the prevention, 45,771
retention, and contingency program established under Chapter 45,773
5108. of the Revised Code; and the department of human JOB AND 45,774
FAMILY services, county departments of human JOB AND FAMILY 45,775
services, child support enforcement agencies, and public children
services agencies. The council may visit the department, county 45,777
departments, and agencies. 45,778
The chairperson of the council shall determine the agenda 45,781
for each meeting of the council, except that if at least four 45,782
legislative members of the council submit a written request to 45,783
the chairperson to consider an item, the chairperson shall place 45,784
1017
the item on the agenda of the council's next regularly scheduled 45,785
meeting occurring more than ten days after the written request is 45,786
submitted to the chairperson.
(C) The members of the welfare oversight council shall 45,788
serve without compensation but shall be reimbursed for their 45,789
actual and necessary expenses incurred in the discharge of their 45,790
official duties. In the discharge of its duties the council may 45,792
issue subpoenas compelling the attendance of witnesses and the 45,793
production of any records of the department of human JOB AND
FAMILY services or local agencies. The council shall adopt rules 45,794
to implement this section. 45,796
(D) The welfare oversight council shall advise the general 45,798
assembly on the performance of the department of human JOB AND 45,799
FAMILY services, county departments of human JOB AND FAMILY 45,800
services, child support enforcement agencies, and public children 45,802
services agencies. The council shall submit recommendations to 45,804
the general assembly for any changes in law that the council 45,805
considers necessary or appropriate.
Sec. 5103.03. The department DIRECTOR of human JOB AND 45,815
FAMILY services shall adopt rules as necessary for the adequate 45,816
and competent management of institutions or associations. Except 45,817
for facilities under the control of the department of youth 45,819
services, places of detention for children established and
maintained pursuant to sections 2151.34 to 2151.3415 of the 45,820
Revised Code, and child day-care centers subject to Chapter 5104. 45,821
of the Revised Code, the department of human JOB AND FAMILY 45,822
services every two years shall pass upon the fitness of every 45,823
institution and association that receives, or desires to receive 45,824
and care for children, or places children in private homes. 45,825
When the department of human JOB AND FAMILY services is 45,827
satisfied as to the care given such children, and that the 45,828
requirements of the statutes and rules covering the management of 45,829
such institutions and associations are being complied with, it 45,830
shall issue to the institution or association a certificate to 45,831
1018
that effect. A certificate is valid for two years, unless sooner 45,832
revoked by the department. When determining whether an 45,833
institution or association meets a particular requirement for 45,834
certification, the department may consider the institution or 45,835
association to have met the requirement if the institution or 45,836
association shows to the department's satisfaction that it has 45,837
met a comparable requirement to be accredited by a nationally 45,838
recognized accreditation organization. 45,839
The department may issue a temporary certificate valid for 45,841
less than one year authorizing an institution or association to 45,842
operate until minimum requirements have been met. 45,843
The department may revoke a certificate if it finds that 45,845
the institution or association is in violation of law or rule. 45,847
No juvenile court shall commit a child to an association or
institution that is required to be certified under this section 45,849
if its certificate has been revoked or, if after revocation, the 45,850
date of reissue is less than fifteen months prior to the proposed 45,852
commitment.
Every two years, on a date specified by the department, 45,854
each institution or association desiring certification or 45,855
recertification shall submit to the department a report showing 45,856
its condition, management, competency to care adequately for the 45,857
children who have been or may be committed to it or to whom it 45,858
provides care or services, the system of visitation it employs 45,859
for children placed in private homes, and other information the 45,860
department requires. 45,861
The department shall, not less than once each year, send a 45,863
list of certified institutions and associations to each juvenile 45,865
court and certified association or institution. 45,866
No person shall receive children or receive or solicit 45,868
money on behalf of such an institution or association not so 45,870
certified or whose certificate has been revoked. 45,871
The department DIRECTOR may delegate by rule any duties 45,874
imposed on it by this section to inspect and approve family 45,875
1019
foster homes and treatment foster homes to public children
services agencies, private child placing agencies, or private 45,876
noncustodial agencies. 45,877
Sec. 5103.031. (A) As used in this section, "HIV" has the 45,886
same meaning as in section 3701.24 of the Revised Code. 45,887
(B) The department DIRECTOR of human JOB AND FAMILY 45,890
services shall provide, by rules adopted pursuant to Chapter 119. 45,891
of the Revised Code, for the licensure of crisis nurseries as 45,892
either type A or type B crisis nurseries. The rules shall 45,893
specify that a license shall not be issued to an applicant for 45,894
licensure as a crisis nursery if the conditions at any of its 45,895
facilities would jeopardize the health or safety of the children 45,896
to whom it provides care.
(C) A type A crisis nursery shall provide temporary 45,898
shelter and other care for not more than twenty children at one 45,899
time. Each child shall be under age six and drug-exposed, 45,901
HIV-infected, or referred by a public children services agency,
as defined in section 2151.011 of the Revised Code. No child 45,902
shall receive shelter or other care from a particular type A 45,903
crisis nursery for a period exceeding sixty days. 45,904
(D) A type B crisis nursery shall provide, without 45,906
charging a fee, temporary services and care to children under age 45,907
thirteen who are abused and neglected, at high risk of abuse and 45,908
neglect, or members of families receiving child protective 45,909
services. A type B crisis nursery shall also provide referrals 45,910
to support services. No child shall receive services or care 45,911
from a type B crisis nursery for more than thirty days in any 45,912
year. 45,913
Sec. 5103.032. The department of human JOB AND FAMILY 45,922
services may apply to the United States secretary of health and 45,924
human services for a federal grant under the "Temporary Child 45,925
Care for Children With Disabilities and Crisis Nurseries Act," 45,926
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 45,927
1020
providing temporary services and care to minors. 45,928
Sec. 5103.04. No association whose object embraces the 45,937
care of dependent, neglected, abused, or delinquent children, or 45,938
the placing of such children in private homes, shall be 45,939
incorporated unless the proposed articles of incorporation have 45,940
been submitted first to the department of human JOB AND FAMILY 45,941
services. The secretary of state shall not issue a certificate 45,942
of incorporation to such association until there is filed in his 45,943
THE SECRETARY OF STATE'S office the certificate of the department 45,945
that it has examined the articles of incorporation, that in its 45,946
judgment the incorporators are reputable and respectable persons, 45,947
the proposed work is needed, and the incorporation of such 45,948
association is desirable and for the public good. 45,949
Amendments proposed to the articles of incorporation of any 45,951
such association shall be submitted in like manner to the 45,952
department, and the secretary of state shall not record such 45,953
amendment or issue his A certificate therefor until there is 45,954
filed in his THE SECRETARY OF STATE'S office the certificate of 45,956
the department that it has examined such amendment, that the 45,958
association in question is performing in good faith the work 45,959
undertaken by it, and that such amendment is a proper one, and 45,960
for the public good.
Sec. 5103.07. The department of human JOB AND FAMILY 45,969
services shall administer funds received under Title IV-B of the 45,971
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 620, as 45,973
amended, the "Child Abuse Prevention and Treatment Act," 88 Stat.
4 (1974), 42 U.S.C.A. 5101, as amended, and the "Family Violence 45,974
Prevention and Services Act," 98 Stat. 1757 (1984), 42 U.S.C.A. 45,975
10401, as amended. In administering these funds, the department 45,976
may establish a child welfare services program, a child abuse and 45,977
neglect prevention and adoption reform program, and a family 45,978
violence prevention program. The department has all powers 45,979
necessary for the adequate administration of these funds and
programs, including the adoption of. THE DIRECTOR OF JOB AND 45,980
1021
FAMILY SERVICES MAY ADOPT rules in accordance with section 111.15 45,981
of the Revised Code and the issuance of ISSUE appropriate orders 45,982
AS NECESSARY FOR THE ADEQUATE ADMINISTRATION OF THESE FUNDS AND 45,983
PROGRAMS.
Sec. 5103.08. The department of human JOB AND FAMILY 45,992
services may enter into contracts with the department of 45,994
education authorizing the department of human JOB AND FAMILY 45,995
services to administer funds received by the department of 45,996
education under the "State Dependent Care Development Grants 45,997
Act," 100 Stat. 968 (1986), 42 U.S.C.A. 9871, as amended. In 45,999
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. 46,000
Sec. 5103.12. (A) As used in this section: 46,009
(1) "Hearing" has the same meaning as in section 119.01 of 46,012
the Revised Code.
(2) "Permanent custody" has the same meaning as in section 46,015
2151.011 of the Revised Code.
(B) The department of human JOB AND FAMILY services may 46,017
enter into agreements with public children services agencies and 46,018
private child placing agencies under which the department will 46,019
make payments to encourage the adoptive placement of children in 46,020
the permanent custody of a public children services agency. If 46,021
the department terminates, or refuses to enter into or renew, an 46,022
agreement with a public children services agency or private child 46,023
placing agency under this section, the agency is entitled to a 46,024
hearing.
Notwithstanding section 127.16 of the Revised Code, the 46,028
department is not required to follow competitive selection 46,029
procedures or to receive the approval of the controlling board to 46,030
enter into agreements under this section or to make payments 46,031
pursuant to the agreements. 46,032
(C) The department DIRECTOR OF JOB AND FAMILY SERVICES 46,034
shall adopt rules in accordance with Chapter 119. of the Revised 46,035
1022
Code to implement this section, including rules that establish 46,037
all of the following:
(1) A single, uniform agreement that, at a minimum, 46,039
prescribes a payment schedule and the terms and conditions with 46,040
which a public children services agency or private child placing 46,041
agency must comply to receive a payment; 46,042
(2) Eligibility requirements a public children services 46,044
agency or private child placing agency must meet to enter into an 46,046
agreement with the department;
(3) Eligibility requirements that a child who is the 46,048
subject of an agreement must meet; 46,049
(4) Other administrative and operational requirements. 46,051
Sec. 5103.14. The department of human JOB AND FAMILY 46,060
services shall enforce sections 2151.39, 5103.15, and 5103.16 of 46,061
the Revised Code.
Sec. 5103.151. (A) As used in this section and in section 46,070
5103.152 of the Revised Code, "identifying information" has the 46,071
same meaning as in section 3107.01 of the Revised Code. 46,072
(B) Except as provided in division (C) of this section, a 46,074
parent of a minor who will be, if adopted, an adopted person as 46,075
defined in section 3107.45 of the Revised Code shall do all of 46,076
the following as a condition of a juvenile court approving the 46,077
parent's agreement with a public children services agency or 46,078
private child placing agency under division (B)(1) of section 46,079
5103.15 of the Revised Code:
(1) Appear personally before the court; 46,081
(2) Sign the component of the form prescribed by the 46,083
department of human services under division (A)(1)(a) of section 46,084
3107.083 of the Revised Code; 46,085
(3) Check either the "yes" or "no" space provided on the 46,087
component of the form prescribed under division (A)(1)(b) of 46,088
section 3107.083 of the Revised Code and sign that component; 46,089
(4) If the parent is the mother, complete and sign the 46,091
component of the form prescribed under division (A)(1)(c) of 46,092
1023
section 3107.083 of the Revised Code. 46,093
At the time the parent signs the components of the form 46,095
prescribed under divisions (A)(1)(a), (b), and (c) of section 46,096
3107.083 of the Revised Code, the parent may sign, if the parent 46,097
chooses to do so, the components of the form prescribed under 46,098
divisions (A)(1)(d), (e), and (f) of that section. After the 46,100
parent signs the components required to be signed and any
discretionary components the parent chooses to sign, the parent 46,101
or agency shall file the form and agreement with the court. The 46,102
court or agency shall give the parent a copy of the form and 46,104
agreement. The court and agency shall keep a copy of the form
and agreement in the court and agency's records. The agency 46,105
shall file a copy of the form and agreement with the probate 46,106
court with which a petition to adopt the child who is the subject 46,108
of the agreement is filed.
The juvenile court shall question the parent to determine 46,110
that the parent understands the adoption process, the 46,111
ramifications of entering into a voluntary permanent custody 46,112
surrender agreement, each component of the form prescribed under 46,113
division (A)(1) of section 3107.083 of the Revised Code, and that 46,114
the child and adoptive parent may receive identifying information 46,116
about the parent in accordance with section 3107.47 of the 46,117
Revised Code unless the parent checks the "no" space provided on 46,118
the component of the form prescribed under division (A)(1)(b) of 46,119
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 46,120
the Revised Code. The court also shall question the parent to 46,121
determine that the parent enters into the permanent custody 46,122
surrender agreement voluntarily and any decisions the parent 46,123
makes in filling out the form prescribed under division (A)(1) of 46,124
section 3107.083 of the Revised Code are made voluntarily. 46,125
(C) A juvenile court may approve an agreement entered into 46,128
under division (B)(1) of section 5103.15 of the Revised Code 46,129
between a public children services agency or private child 46,130
1024
placing agency and the parents of a child who is less than six 46,131
months of age and will be, if adopted, an adopted person as
defined in section 3107.45 of the Revised Code without the 46,132
parents personally appearing before the court if both parents do 46,133
all of the following:
(1) Enter into the agreement with the agency; 46,135
(2) Sign the component of the form prescribed by the 46,137
department of human services under division (A)(1)(a) of section 46,139
3107.083 of the Revised Code;
(3) Check either the "yes" or "no" space provided on the 46,141
component of the form prescribed under division (A)(1)(b) of 46,142
section 3107.083 of the Revised Code and sign that component. 46,143
At the time the parents sign the components of the form 46,145
prescribed under divisions (A)(1)(a) and (b) of section 3107.083 46,147
of the Revised Code, the mother shall complete and sign the 46,149
component of the form prescribed under division (A)(1)(c) of that 46,150
section and the agency shall provide the parents the opportunity 46,151
to sign, if they choose to do so, the components of the form 46,152
prescribed under divisions (A)(1)(d), (e), and (f) of that 46,153
section. Not later than two business days after the parents 46,154
enter into the agreements and sign the components of the form 46,155
required to be signed and any discretionary components the 46,156
parents choose to sign, the agency shall file the agreements and 46,157
forms with the court. The agency shall give the parents a copy
of the agreements and forms. At the time the agency files the 46,158
agreements and forms with the court, the agency also shall file 46,159
with the court all other documents the department DIRECTOR of 46,160
human JOB AND FAMILY services requires by rules adopted under 46,161
division (D) of section 3107.083 of the Revised Code to be filed 46,163
with the court. The court and agency shall keep a copy of the
agreements, forms, and documents in the court and attorney's 46,164
records. The agency shall file a copy of the agreements, forms, 46,165
and documents with the probate court with which a petition to 46,166
adopt the child who is the subject of the agreement is filed. 46,167
1025
(D) Except as provided in division (E) of this section, a 46,170
parent of a minor, who will be, if adopted, an adopted person as 46,171
defined in section 3107.39 of the Revised Code, shall do all of 46,172
the following as a condition of a juvenile court approving the
parent's agreement with a public children services agency or 46,173
private child placing agency under division (B)(1) of section 46,174
5103.15 of the Revised Code:
(1) Appear personally before the court; 46,176
(2) Sign the component of the form prescribed by the 46,178
department of human services under division (B)(1)(a) of section 46,179
3107.081 of the Revised Code; 46,180
(3) If the parent is the mother, complete and sign the 46,182
component of the form prescribed under division (B)(1)(b) of 46,183
section 3107.083 of the Revised Code. 46,184
At the time the parent signs the components prescribed 46,186
under division (B)(1)(a) and (b) of section 3107.081 of the 46,187
Revised Code, the parent may sign, if the parent chooses to do 46,188
so, the components of the form prescribed under divisions 46,189
(B)(1)(c), (d), and (e) of that section. After the parent signs 46,190
the components required to be signed and any discretionary 46,191
components the parent chooses to sign, the parent or agency shall 46,192
file the form and agreement with the court. The court or agency 46,193
shall give the parent a copy of the form and agreement. The 46,194
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 46,195
the form and agreement with the probate court with which a 46,196
petition to adopt the child who is the subject of the agreement 46,197
is filed.
The juvenile court shall question the parent to determine 46,199
that the parent understands the adoption process, the 46,200
ramifications of entering into a voluntary permanent custody 46,201
surrender agreement, and each component of the form prescribed 46,203
under division (B)(1) of section 3107.083 of the Revised Code. 46,204
The court also shall question the parent to determine that the 46,205
1026
parent enters into the permanent custody surrender agreement 46,207
voluntarily and any decisions the parent makes in filling out the
form are made voluntarily. 46,208
(E) A juvenile court may approve an agreement entered into 46,210
under division (B)(1) of section 5103.15 of the Revised Code 46,211
between a public children services agency or private child 46,212
placing agency and the parent of a child who is less than six 46,213
months of age and will be, if adopted, an adopted person as
defined in section 3107.39 of the Revised Code without the parent 46,214
personally appearing before the court if the parent does both of 46,215
the following:
(1) Signs the component of the form prescribed by the 46,217
department of humanservices under division (B)(1)(a) of section 46,218
3107.083 of the Revised Code; 46,219
(2) If the parent is the mother, completes and signs the 46,221
component of the form prescribed under division (B)(1)(b) of 46,222
section 3107.083 of the Revised Code. 46,223
At the time the parent signs that component, the agency 46,225
shall provide the parent the opportunity to sign, if the parent 46,226
chooses to do so, the components of the form prescribed under 46,227
divisions (B)(1)(c), (d), and (e) of section 3107.083 of the 46,229
Revised Code. Not later than two business days after the parent 46,230
enters into the agreement and signs the components of the form
required to be signed and any discretionary components the parent 46,231
chooses to sign, the agency shall file the agreement and form 46,232
with the court. The agency shall give the parent a copy of the 46,233
agreement and form. At the time the agency files the agreement 46,234
and form with the court, the agency also shall file with the 46,235
court all other documents the department DIRECTOR of human JOB 46,236
AND FAMILY services requires by rules adopted under division (D) 46,237
of section 3107.083 of the Revised Code to be filed with the 46,238
court. The court and agency shall keep a copy of the agreement, 46,239
form, and documents in the court and agency's records. The 46,240
agency shall file a copy of the agreement, form, and documents 46,242
1027
with the probate court with which a petition to adopt the child
who is the subject of the agreement is filed. 46,243
Sec. 5103.152. Not less than seventy-two hours before a 46,252
public children services agency or private child placing agency 46,254
enters into an agreement with a parent under division (B) of 46,255
section 5103.15 of the Revised Code, an assessor shall meet in 46,257
person with the parent and do both of the following:
(A) Provide the parent with a copy of the written 46,259
materials about adoption prepared by the department of human JOB 46,260
AND FAMILY services under division (C) of section 3107.083 of the 46,261
Revised Code, discuss with the parent the adoption process and
ramifications of a parent entering into a voluntary permanent 46,262
custody surrender agreement, and provide the parent the 46,263
opportunity to review the materials and ask questions about the 46,264
materials, discussion, and related matters. 46,265
(B) Unless the child who is the subject of the agreement, 46,267
if adopted, will be an adopted person as defined in section 46,268
3107.39 of the Revised Code, inform the parent that the parent's 46,269
child and the adoptive parent may receive, in accordance with 46,271
section 3107.47 of the Revised Code, identifying information 46,272
about the parent that is contained in the child's adoption file 46,273
maintained by the department of health unless the parent checks 46,275
the "no" space provided on the component of the form prescribed 46,276
under division (A)(1)(b) of section 3107.083 of the Revised Code 46,277
or signs and has filed with the department a denial of release 46,278
form prescribed under section 3107.50 of the Revised Code. 46,279
Sec. 5103.154. (A) Information concerning all children 46,290
who are, pursuant to section 2151.353 or 5103.15 of the Revised 46,291
Code, in the permanent custody of an institution or association 46,292
certified by the department of human JOB AND FAMILY services 46,293
under section 5103.03 of the Revised Code shall be listed with 46,294
the department of human services within ninety days after 46,296
permanent custody is effective, unless the child has been placed 46,297
for adoption or unless an application for placement was initiated 46,298
1028
under section 5103.16 of the Revised Code.
(B) All persons who wish to adopt children, and are 46,300
approved by an agency so empowered under this chapter, shall be 46,301
listed with the department of human services within ninety days 46,302
of approval, unless a person requests in writing that that 46,303
person's name not be so listed, or has had a child placed in that 46,305
person's home in preparation for adoption, or has filed a 46,306
petition for adoption.
(C) All persons who wish to adopt a child with special 46,308
needs as defined in rules adopted under section 5153.163 of the 46,309
Revised Code, and who are approved by an agency so empowered 46,310
under this chapter, shall be listed separately by the department 46,311
of human services within ninety days of approval, unless a person 46,312
requests in writing that that person's name not be so listed, or 46,313
has had a child with special needs placed in that person's home 46,314
in preparation for adoption, or has filed a petition for 46,316
adoption.
(D) The department shall forward information on such 46,318
children and listed persons at least quarterly, to all public 46,319
children services agencies and all certified agencies. 46,321
(E) The appropriate listed names shall be removed when a 46,323
child is placed in an adoptive home or when a person withdraws an 46,324
application for adoption. 46,325
(F) No later than six months after the end of each fiscal 46,327
year, the department of human services shall compile a report of 46,328
its conclusions regarding the effectiveness of its actions 46,329
pursuant to this section and of the restrictions on placement 46,330
under division (E) of section 5153.163 of the Revised Code in 46,332
increasing adoptive placements of children with special needs,
together with its recommendations, and shall submit a copy of the 46,333
report to the chairpersons of the principal committees of the 46,334
senate and the house of representatives who consider welfare 46,335
legislation.
Sec. 5103.16. (A) Except as otherwise provided in this 46,344
1029
section, no child shall be placed or accepted for placement under 46,345
any written or oral agreement or understanding that transfers or 46,346
surrenders the legal rights, powers, or duties of the legal 46,347
parent, parents, or guardian of the child into the temporary or 46,348
permanent custody of any association or institution that is not 46,350
certified by the department of human JOB AND FAMILY services 46,351
under section 5103.03 of the Revised Code, without the written 46,352
consent of the office in the department that oversees the 46,353
interstate compact on placement of children established under
section 5103.20 of the Revised Code, or by a commitment of a 46,354
juvenile court, or by a commitment of a probate court as provided 46,355
in this section. A child may be placed temporarily without 46,356
written consent or court commitment with persons related by blood 46,357
or marriage or in a legally licensed boarding home. 46,358
(B)(1) Associations and institutions certified under 46,360
section 5103.03 of the Revised Code for the purpose of placing 46,361
children in free foster homes or for legal adoption shall keep a 46,363
record of the temporary and permanent surrenders of children. 46,364
This record shall be available for separate statistics, which 46,365
shall include a copy of an official birth record and all 46,366
information concerning the social, mental, and medical history of 46,367
the children that will aid in an intelligent disposition of the 46,368
children in case that becomes necessary because the parents or 46,369
guardians fail or are unable to reassume custody. 46,370
(2) No child placed on a temporary surrender with an 46,372
association or institution shall be placed permanently in a 46,373
foster home or for legal adoption. All surrendered children who 46,374
are placed permanently in foster homes or for adoption shall have 46,375
been permanently surrendered, and a copy of the permanent 46,376
surrender shall be a part of the separate record kept by the 46,377
association or institution. 46,378
(C) Any agreement or understanding to transfer or 46,380
surrender the legal rights, powers, or duties of the legal parent 46,381
or parents and place a child with a person seeking to adopt the 46,382
1030
child under this section shall be construed to contain a promise 46,383
by the person seeking to adopt the child to pay the expenses 46,384
listed in divisions (C)(1), (2), and (4) of section 3107.10 of 46,385
the Revised Code and, if the person seeking to adopt the child 46,386
refuses to accept placement of the child, to pay the temporary 46,387
costs of routine maintenance and medical care for the child in a 46,388
hospital, foster home, or other appropriate place for up to 46,389
thirty days or until other custody is established for the child, 46,390
as provided by law, whichever is less. 46,391
(D) No child shall be placed or received for adoption or 46,393
with intent to adopt unless placement is made by a public 46,394
children services agency, an institution or association that is 46,396
certified by the department of human JOB AND FAMILY services 46,397
under section 5103.03 of the Revised Code to place children for 46,398
adoption, or custodians in another state or foreign country, or 46,399
unless all of the following criteria are met: 46,400
(1) Prior to the placement and receiving of the child, the 46,402
parent or parents of the child personally have applied to, and 46,403
appeared before, the probate court of the county in which the 46,404
parent or parents reside, or in which the person seeking to adopt 46,405
the child resides, for approval of the proposed placement 46,406
specified in the application and have signed and filed with the 46,407
court a written statement showing that the parent or parents are 46,408
aware of their right to contest the decree of adoption subject to 46,409
the limitations of section 3107.16 of the Revised Code; 46,410
(2) The court ordered an independent home study of the 46,413
proposed placement to be conducted as provided in section
3107.031 of the Revised Code, and after completion of the home 46,415
study, the court determined that the proposed placement is in the
best interest of the child; 46,416
(3) The court has approved of record the proposed 46,418
placement. 46,419
In determining whether a custodian has authority to place 46,421
children for adoption under the laws of a foreign country, the 46,422
1031
probate court shall determine whether the child has been released 46,423
for adoption pursuant to the laws of the country in which the 46,424
child resides, and if the release is in a form that satisfies the 46,425
requirements of the immigration and naturalization service of the 46,426
United States department of justice for purposes of immigration 46,427
to this country pursuant to section 101(b)(1)(F) of the 46,428
"Immigration and Nationality Act," 75 Stat. 650 (1961), 8 U.S.C. 46,429
1101 (b)(1)(F), as amended or reenacted. 46,430
If the parent or parents of the child are deceased or have 46,432
abandoned the child, as determined under division (A) of section 46,433
3107.07 of the Revised Code, the application for approval of the 46,434
proposed adoptive placement may be brought by the relative 46,435
seeking to adopt the child, or by the department, board, or 46,436
organization not otherwise having legal authority to place the 46,437
orphaned or abandoned child for adoption, but having legal 46,438
custody of the orphaned or abandoned child, in the probate court 46,439
of the county in which the child is a resident, or in which the 46,440
department, board, or organization is located, or where the 46,441
person or persons with whom the child is to be placed reside. 46,442
Unless the parent, parents, or guardian of the person of the 46,443
child personally have appeared before the court and applied for 46,444
approval of the placement, notice of the hearing on the 46,445
application shall be served on the parent, parents, or guardian. 46,446
The consent to placement, surrender, or adoption executed 46,448
by a minor parent before a judge of the probate court or an 46,449
authorized deputy or referee of the court, whether executed 46,450
within or outside the confines of the court, is as valid as 46,451
though executed by an adult. A consent given as above before an 46,452
employee of a children services agency that is licensed as 46,453
provided by law, is equally effective, if the consent also is 46,454
accompanied by an affidavit executed by the witnessing employee 46,455
or employees to the effect that the legal rights of the parents 46,456
have been fully explained to the parents, prior to the execution 46,457
of any consent, and that the action was done after the birth of 46,458
1032
the child. 46,459
If the court approves a placement, the prospective adoptive 46,461
parent with whom the child is placed has care, custody, and 46,462
control of the child pending further order of the court. 46,463
(E) This section does not apply to an adoption by a 46,465
stepparent, a grandparent, or a guardian. 46,466
Sec. 5103.17. Subject to section 5103.16 of the Revised 46,475
Code, no person or government entity, other than a private child 46,476
placing agency or private noncustodial agency certified by the 46,478
department of human JOB AND FAMILY services under section 5103.03 46,480
of the Revised Code or a public children services agency, shall 46,481
advertise that the person or government entity will adopt
children or place them in foster homes, hold out inducements to 46,482
parents to part with their offspring, or in any manner knowingly 46,483
become a party to the separation of a child from the child's 46,484
parents or guardians, except through a juvenile court or probate 46,485
court commitment.
If the department of human JOB AND FAMILY services has 46,487
reasonable cause to believe a violation of this section has been 46,488
committed, the department shall notify the attorney general or 46,489
the county prosecutor, city attorney, village solicitor, or other 46,490
chief legal officer of the political subdivision in which the 46,491
violation has allegedly occurred. On receipt of the 46,492
notification, the attorney general, county prosecutor, city 46,493
attorney, village solicitor, or other chief legal officer shall 46,494
take action to enforce this section through injunctive relief or 46,495
criminal charge.
Sec. 5103.22. The "appropriate public authorities" as used 46,504
in Article III of the interstate compact on the placement of 46,505
department of human JOB AND FAMILY services and that department 46,506
shall receive and act with reference to notices required by said 46,507
Article III.
Sec. 5103.23. As used in paragraph (A) of Article V of the 46,516
interstate compact on the placement of children, the phrase 46,517
1033
"appropriate authority in the receiving state" with reference to 46,518
this state shall mean the department of human JOB AND FAMILY
services.
Sec. 5104.01. As used in this chapter: 46,527
(A) "Administrator" means the person responsible for the 46,529
daily operation of a center or type A home. The administrator 46,530
and the owner may be the same person. 46,531
(B) "Approved child day camp" means a child day camp 46,533
approved pursuant to section 5104.22 of the Revised Code. 46,534
(C) "Authorized provider" means a person authorized by a 46,536
county director of human JOB AND FAMILY services to operate a 46,537
certified type B family day-care home. 46,538
(D) "Border state child day-care provider" means a child 46,540
day-care provider that is located in a state bordering Ohio and 46,542
that is licensed, certified, or otherwise approved by that state 46,544
to provide child day-care.
(E) "Caretaker parent" means the father or mother of a 46,546
child whose presence in the home is needed as the caretaker of 46,547
the child, a person who has legal custody of a child and whose 46,548
presence in the home is needed as the caretaker of the child, a 46,549
guardian of a child whose presence in the home is needed as the 46,550
caretaker of the child, and any other person who stands in loco 46,551
parentis with respect to the child and whose presence in the home 46,552
is needed as the caretaker of the child. 46,553
(F) "Certified type B family day-care home" and "certified 46,556
type B home" mean a type B family day-care home that is certified 46,557
by the director of the county department of human JOB AND FAMILY 46,558
services pursuant to section 5104.11 of the Revised Code to 46,559
receive public funds for providing child day-care pursuant to
this chapter and any rules adopted under it. 46,561
(G) "Chartered nonpublic school" means a school that meets 46,564
standards for nonpublic schools prescribed by the state board of 46,565
education for nonpublic schools pursuant to section 3301.07 of 46,566
the Revised Code.
1034
(H) "Child" includes an infant, toddler, preschool child, 46,568
or school child. 46,569
(I) "Child care block grant act" means the "Child Care and 46,572
Development Block Grant Act of 1990," established in section 5082 46,573
of the "Omnibus Budget Reconciliation Act of 1990," 104 Stat. 46,575
1388-236 (1990), 42 U.S.C. 9858, as amended. 46,577
(J) "Child day camp" means a program in which only school 46,579
children attend or participate, that operates for no more than 46,580
seven hours per day, that operates only during one or more public 46,581
school district's regular vacation periods or for no more than 46,582
fifteen weeks during the summer, and that operates outdoor 46,583
activities for each child who attends or participates in the 46,584
program for a minimum of fifty per cent of each day that children 46,585
attend or participate in the program, except for any day when 46,586
hazardous weather conditions prevent the program from operating 46,587
outdoor activities for a minimum of fifty per cent of that day. 46,588
For purposes of this division, the maximum seven hours of 46,589
operation time does not include transportation time from a 46,590
child's home to a child day camp and from a child day camp to a 46,591
child's home. 46,592
(K) "Child day-care" means administering to the needs of 46,594
infants, toddlers, preschool children, and school children 46,596
outside of school hours by persons other than their parents or
guardians, custodians, or relatives by blood, marriage, or 46,597
adoption for any part of the twenty-four-hour day in a place or 46,598
residence other than a child's own home. 46,599
(L) "Child day-care center" and "center" mean any place in 46,602
which child day-care or publicly funded child day-care is
provided for thirteen or more children at one time or any place 46,603
that is not the permanent residence of the licensee or 46,604
administrator in which child day-care or publicly funded child 46,605
day-care is provided for seven to twelve children at one time. 46,606
In counting children for the purposes of this division, any 46,607
children under six years of age who are related to a licensee, 46,608
1035
administrator, or employee and who are on the premises of the 46,609
center shall be counted. "Child day-care center" and "center" do 46,610
not include any of the following: 46,611
(1) A place located in and operated by a hospital, as 46,613
defined in section 3727.01 of the Revised Code, in which the 46,614
needs of children are administered to, if all the children whose 46,615
needs are being administered to are monitored under the on-site 46,616
supervision of a physician licensed under Chapter 4731. of the 46,618
Revised Code or a registered nurse licensed under Chapter 4723. 46,619
of the Revised Code, and the services are provided only for 46,620
children who, in the opinion of the child's parent, guardian, or 46,621
custodian, are exhibiting symptoms of a communicable disease or 46,622
other illness or are injured; 46,623
(2) A child day camp; 46,625
(3) A place that provides child day-care, but not publicly 46,628
funded child day-care, if all of the following apply: 46,629
(a) An organized religious body provides the child 46,632
day-care;
(b) A parent, custodian, or guardian of at least one child 46,635
receiving child day-care is on the premises and readily 46,636
accessible at all times;
(c) The child day-care is not provided for more than 46,638
thirty days a year; 46,639
(d) The child day-care is provided only for preschool and 46,641
school children. 46,642
(M) "Child day-care resource and referral service 46,644
organization" means a community-based nonprofit organization that 46,646
provides child day-care resource and referral services but not 46,647
child day-care.
(N) "Child day-care resource and referral services" means 46,649
all of the following services: 46,650
(1) Maintenance of a uniform data base of all child 46,652
day-care providers in the community that are in compliance with 46,653
this chapter, including current occupancy and vacancy data; 46,654
1036
(2) Provision of individualized consumer education to 46,656
families seeking child day-care; 46,657
(3) Provision of timely referrals of available child 46,659
day-care providers to families seeking child day-care; 46,660
(4) Recruitment of child day-care providers; 46,662
(5) Assistance in the development, conduct, and 46,664
dissemination of training for child day-care providers and 46,666
provision of technical assistance to current and potential child 46,667
day-care providers, employers, and the community;
(6) Collection and analysis of data on the supply of and 46,669
demand for child day-care in the community; 46,670
(7) Technical assistance concerning locally, state, and 46,672
federally funded child day-care and early childhood education 46,673
programs;
(8) Stimulation of employer involvement in making child 46,675
day-care more affordable, more available, safer, and of higher 46,676
quality for their employees and for the community; 46,677
(9) Provision of written educational materials to 46,679
caretaker parents and informational resources to child day-care 46,680
providers; 46,681
(10) Coordination of services among child day-care 46,683
resource and referral service organizations to assist in 46,684
developing and maintaining a statewide system of child day-care 46,685
resource and referral services if required by the department of 46,686
human JOB AND FAMILY services;
(11) Cooperation with the county department of human JOB 46,688
AND FAMILY services in encouraging the establishment of parent 46,689
cooperative child day-care centers and parent cooperative type A 46,691
family day-care homes.
(O) "Child-care staff member" means an employee of a child 46,694
day-care center or type A family day-care home who is primarily 46,695
responsible for the care and supervision of children. The 46,696
administrator may be a part-time child-care staff member when not 46,697
involved in other duties.
1037
(P) "Drop-in child day-care center," "drop-in center," 46,699
"drop-in type A family day-care home," and "drop-in type A home" 46,701
mean a center or type A home that provides child day-care or
publicly funded child day-care for children on a temporary, 46,702
irregular basis. 46,703
(Q) "Employee" means a person who either: 46,705
(1) Receives compensation for duties performed in a child 46,707
day-care center or type A family day-care home; 46,708
(2) Is assigned specific working hours or duties in a 46,710
child day-care center or type A family day-care home. 46,711
(R) "Employer" means a person, firm, institution, 46,713
organization, or agency that operates a child day-care center or 46,714
type A family day-care home subject to licensure under this 46,715
chapter.
(S) "Federal poverty line" means the official poverty 46,717
guideline as revised annually in accordance with section 673(2) 46,718
of the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 46,720
42 U.S.C. 9902, as amended, for a family size equal to the size 46,723
of the family of the person whose income is being determined. 46,724
(T) "Head start program" means a comprehensive child 46,726
development program that receives funds distributed under the 46,727
"Head Start Act," 95 Stat. 499 (1981), 42 U.S.C.A. 9831, as 46,730
amended, or under section 3301.31 of the Revised Code. 46,731
(U) "Income" means gross income, as defined in section 46,733
5107.10 of the Revised Code, less any amounts required by federal 46,735
statutes or regulations to be disregarded. 46,737
(V) "Indicator checklist" means an inspection tool, used 46,739
in conjunction with an instrument-based program monitoring 46,741
information system, that contains selected licensing requirements 46,742
that are statistically reliable indicators or predictors of a 46,743
child day-care center or type A family day-care home's compliance 46,744
with licensing requirements.
(W) "Infant" means a child who is less than eighteen 46,747
months of age.
1038
(X) "In-home aide" means a person certified by a county 46,749
director of human JOB AND FAMILY services pursuant to section 46,750
5104.12 of the Revised Code to provide publicly funded child 46,752
day-care to a child in a child's own home pursuant to this 46,753
chapter and any rules adopted under it. 46,754
(Y) "Instrument-based program monitoring information 46,756
system" means a method to assess compliance with licensing 46,758
requirements for child day-care centers and type A family 46,759
day-care homes in which each licensing requirement is assigned a 46,760
weight indicative of the relative importance of the requirement 46,761
to the health, growth, and safety of the children that is used to 46,762
develop an indicator checklist.
(Z) "License capacity" means the maximum number in each 46,764
age category of children who may be cared for in a child day-care 46,765
center or type A family day-care home at one time as determined 46,766
by the director of human JOB AND FAMILY services considering 46,767
building occupancy limits established by the department of 46,769
commerce, number of available child-care staff members, amount of 46,770
available indoor floor space and outdoor play space, and amount 46,771
of available play equipment, materials, and supplies.
(AA) "Licensed preschool program" or "licensed school 46,773
child program" means a preschool program or school child program, 46,774
as defined in section 3301.52 of the Revised Code, that is 46,775
licensed by the department of education pursuant to sections 46,776
3301.52 to 3301.59 of the Revised Code. 46,777
(BB) "Licensee" means the owner of a child day-care center 46,780
or type A family day-care home that is licensed pursuant to this 46,781
chapter and who is responsible for ensuring its compliance with 46,782
this chapter and rules adopted pursuant to this chapter. 46,783
(CC) "Operate a child day camp" means to operate, 46,785
establish, manage, conduct, or maintain a child day camp. 46,786
(DD) "Owner" includes a person, as defined in section 1.59 46,789
of the Revised Code, or government entity.
(EE) "Parent cooperative child day-care center," "parent 46,791
1039
cooperative center," "parent cooperative type A family day-care 46,792
home," and "parent cooperative type A home" mean a corporation or 46,793
association organized for providing educational services to the 46,794
children of members of the corporation or association, without 46,795
gain to the corporation or association as an entity, in which the 46,796
services of the corporation or association are provided only to 46,797
children of the members of the corporation or association, 46,798
ownership and control of the corporation or association rests 46,799
solely with the members of the corporation or association, and at 46,800
least one parent-member of the corporation or association is on 46,801
the premises of the center or type A home during its hours of 46,802
operation. 46,803
(FF) "Part-time child day-care center," "part-time 46,805
center," "part-time type A family day-care home," and "part-time 46,807
type A home" mean a center or type A home that provides child 46,808
day-care or publicly funded child day-care for no more than four 46,809
hours a day for any child. 46,810
(GG) "Place of worship" means a building where activities 46,813
of an organized religious group are conducted and includes the 46,814
grounds and any other buildings on the grounds used for such 46,815
activities. 46,816
(HH) "Preschool child" means a child who is three years 46,818
old or older but is not a school child. 46,820
(II) "Protective day-care" means publicly funded child 46,822
day-care for the direct care and protection of a child to whom 46,823
either of the following applies: 46,824
(1) A case plan prepared and maintained for the child 46,826
pursuant to section 2151.412 of the Revised Code indicates a need 46,827
for protective day-care and the child resides with a parent, 46,828
stepparent, guardian, or another person who stands in loco 46,829
parentis as defined in rules adopted under section 5104.38 of the 46,830
Revised Code;
(2) The child and the child's caretaker either temporarily 46,832
reside in a facility providing emergency shelter for homeless 46,834
1040
families or are determined by the county department of human JOB 46,835
AND FAMILY services to be homeless, and are otherwise ineligible 46,836
for publicly funded child day-care. 46,838
(JJ) "Publicly funded child day-care" means administering 46,841
to the needs of infants, toddlers, preschool children, and school 46,843
children under age thirteen during any part of the 46,844
twenty-four-hour day by persons other than their caretaker 46,846
parents for remuneration wholly or in part with federal or state 46,847
funds, including child care block grant act funds, distributed by 46,848
the department of human JOB AND FAMILY services. 46,849
(KK) "Religious activities" means any of the following: 46,851
worship or other religious services; religious instruction; 46,852
Sunday school classes or other religious classes conducted during 46,853
or prior to worship or other religious services; youth or adult 46,855
fellowship activities; choir or other musical group practices or 46,856
programs; meals; festivals; or meetings conducted by an organized 46,857
religious group. 46,858
(LL) "School child" means a child who is enrolled in or is 46,861
eligible to be enrolled in a grade of kindergarten or above but 46,862
is less than fifteen years old. 46,863
(MM) "School child day-care center," "school child 46,865
center," "school child type A family day-care home," and "school 46,867
child type A family home" mean a center or type A home that 46,868
provides child day-care for school children only and that does 46,870
either or both of the following: 46,871
(1) Operates only during that part of the day that 46,873
immediately precedes or follows the public school day of the 46,874
school district in which the center or type A home is located; 46,875
(2) Operates only when the public schools in the school 46,877
district in which the center or type A home is located are not 46,878
open for instruction with pupils in attendance. 46,879
(NN) "Special needs day-care" means publicly funded child 46,882
day-care that is provided for a child who is physically or 46,883
developmentally handicapped, mentally retarded, or mentally ill. 46,884
1041
(OO) "State median income" means the state median income 46,886
calculated by the department of development pursuant to division 46,887
(A)(1)(g) of section 5709.61 of the Revised Code. 46,888
(PP) "Toddler" means a child who is at least eighteen 46,890
months of age but less than three years of age. 46,891
(QQ) "Type A family day-care home" and "type A home" mean 46,894
a permanent residence of the administrator in which child 46,895
day-care or publicly funded child day-care is provided for seven 46,896
to twelve children at one time or a permanent residence of the 46,897
administrator in which child day-care is provided for four to 46,898
twelve children at one time if four or more children at one time 46,899
are under two years of age. In counting children for the 46,900
purposes of this division, any children under six years of age 46,901
who are related to a licensee, administrator, or employee and who 46,902
are on the premises of the type A home shall be counted. "Type A 46,903
family day-care home" does not include a residence in which the 46,904
needs of children are administered to, if all of the children 46,905
whose needs are being administered to are siblings of the same 46,906
immediate family and the residence is the home of the siblings. 46,907
"Type A family day-care home" and "type A home" do not include 46,908
any child day camp. 46,909
(RR) "Type B family day-care home" and "type B home" mean 46,911
a permanent residence of the provider in which child day-care is 46,912
provided for one to six children at one time and in which no more 46,913
than three children are under two years of age at one time. In 46,914
counting children for the purposes of this division, any children 46,915
under six years of age who are related to the provider and who 46,916
are on the premises of the type B home shall be counted. "Type B 46,917
family day-care home" does not include a residence in which the 46,918
needs of children are administered to, if all of the children 46,919
whose needs are being administered to are siblings of the same 46,920
immediate family and the residence is the home of the siblings. 46,921
"Type B family day-care home" and "type B home" do not include 46,922
any child day camp. 46,923
1042
Sec. 5104.011. (A) The director of human JOB AND FAMILY 46,932
services shall adopt rules pursuant to Chapter 119. of the 46,933
Revised Code governing the operation of child day-care centers, 46,935
including, but not limited to, parent cooperative centers, 46,936
part-time centers, drop-in centers, and school child centers, 46,937
which rules shall reflect the various forms of child day-care and 46,938
the needs of children receiving child day-care or publicly funded 46,939
child day-care and, no later than January 1, 1992, shall include 46,940
specific rules for school child day-care centers that are 46,941
developed in consultation with the department of education. The 46,942
rules shall not require an existing school facility that is in 46,943
compliance with applicable building codes to undergo an 46,944
additional building code inspection or to have structural 46,945
modifications. The rules shall include the following: 46,946
(1) Submission of a site plan and descriptive plan of 46,948
operation to demonstrate how the center proposes to meet the 46,949
requirements of this chapter and rules adopted pursuant to this 46,952
chapter for the initial license application;
(2) Standards for ensuring that the physical surroundings 46,954
of the center are safe and sanitary including, but not limited 46,955
to, the physical environment, the physical plant, and the 46,956
equipment of the center; 46,957
(3) Standards for the supervision, care, and discipline of 46,959
children receiving child day-care or publicly funded child 46,960
day-care in the center; 46,961
(4) Standards for a program of activities, and for play 46,963
equipment, materials, and supplies, to enhance the development of 46,964
each child; however, any educational curricula, philosophies, and 46,965
methodologies that are developmentally appropriate and that 46,966
enhance the social, emotional, intellectual, and physical 46,967
development of each child shall be permissible. As used in this 46,968
division, "program" does not include instruction in religious or 46,969
moral doctrines, beliefs, or values that is conducted at child 46,970
day-care centers owned and operated by churches and does include 46,971
1043
methods of disciplining children at child day-care centers. 46,972
(5) Admissions policies and procedures, health care 46,974
policies and procedures, including, but not limited to, 46,975
procedures for the isolation of children with communicable 46,976
diseases, first aid and emergency procedures, procedures for 46,977
discipline and supervision of children, standards for the 46,978
provision of nutritious meals and snacks, and procedures for 46,979
screening children and employees, including, but not limited to, 46,980
any necessary physical examinations and immunizations; 46,981
(6) Methods for encouraging parental participation in the 46,983
center and methods for ensuring that the rights of children, 46,984
parents, and employees are protected and that responsibilities of 46,985
parents and employees are met; 46,986
(7) Procedures for ensuring the safety and adequate 46,988
supervision of children traveling off the premises of the center 46,989
while under the care of a center employee; 46,990
(8) Procedures for record keeping, organization, and 46,992
administration; 46,993
(9) Procedures for issuing, renewing, denying, and 46,995
revoking a license that are not otherwise provided for in Chapter 46,996
119. of the Revised Code; 46,997
(10) Inspection procedures; 46,999
(11) Procedures and standards for setting initial and 47,001
renewal license application fees; 47,002
(12) Procedures for receiving, recording, and responding 47,004
to complaints about centers; 47,005
(13) Procedures for enforcing section 5104.04 of the 47,007
Revised Code; 47,008
(14) A standard requiring the inclusion, on and after July 47,010
1, 1987, of a current department of human JOB AND FAMILY services 47,011
toll-free telephone number on each center provisional license or 47,012
license which any person may use to report a suspected violation 47,013
by the center of this chapter or rules adopted pursuant to this 47,015
chapter; 47,016
1044
(15) Requirements for the training of administrators and 47,018
child-care staff members in first aid, in prevention, 47,019
recognition, and management of communicable diseases, and in 47,020
child abuse recognition and prevention. Training requirements 47,021
for child day-care centers adopted under this division shall be 47,022
consistent with divisions (B)(6) and (C)(1) of this section. 47,023
(16) Procedures to be used by licensees for checking the 47,025
references of potential employees of centers and procedures to be 47,026
used by the director for checking the references of applicants 47,027
for licenses to operate centers; 47,028
(17) Standards providing for the special needs of children 47,030
who are handicapped or who require treatment for health 47,031
conditions while the child is receiving child day-care or 47,032
publicly funded child day-care in the center; 47,033
(18) Any other procedures and standards necessary to carry 47,035
out this chapter. 47,036
(B)(1) The child day-care center shall have, for each 47,038
child for whom the center is licensed, at least thirty-five 47,039
square feet of usable indoor floor space wall-to-wall regularly 47,040
available for the child day-care operation exclusive of any parts 47,041
of the structure in which the care of children is prohibited by 47,042
law or by rules adopted by the board of building standards. The 47,043
minimum of thirty-five square feet of usable indoor floor space 47,044
shall not include hallways, kitchens, storage areas, or any other 47,045
areas that are not available for the care of children, as 47,046
determined by the director, in meeting the space requirement of 47,047
this division, and bathrooms shall be counted in determining 47,048
square footage only if they are used exclusively by children 47,049
enrolled in the center, except that the exclusion of hallways, 47,050
kitchens, storage areas, bathrooms not used exclusively by 47,051
children enrolled in the center, and any other areas not 47,052
available for the care of children from the minimum of 47,053
thirty-five square feet of usable indoor floor space shall not 47,054
apply to: 47,055
1045
(a) Centers licensed prior to or on September 1, 1986, 47,057
that continue under licensure after that date; 47,058
(b) Centers licensed prior to or on September 1, 1986, 47,060
that are issued a new license after that date solely due to a 47,061
change of ownership of the center. 47,062
(2) The child day-care center shall have on the site a 47,064
safe outdoor play space which is enclosed by a fence or otherwise 47,065
protected from traffic or other hazards. The play space shall 47,066
contain not less than sixty square feet per child using such 47,067
space at any one time, and shall provide an opportunity for 47,068
supervised outdoor play each day in suitable weather. The 47,069
director may exempt a center from the requirement of this 47,070
division, if an outdoor play space is not available and if all of 47,071
the following are met: 47,072
(a) The center provides an indoor recreation area that has 47,074
not less than sixty square feet per child using the space at any 47,075
one time, that has a minimum of one thousand four hundred forty 47,076
square feet of space, and that is separate from the indoor space 47,077
required under division (B)(1) of this section. 47,078
(b) The director has determined that there is regularly 47,080
available and scheduled for use a conveniently accessible and 47,081
safe park, playground, or similar outdoor play area for play or 47,082
recreation. 47,083
(c) The children are closely supervised during play and 47,085
while traveling to and from the area. 47,086
The director also shall exempt from the requirement of this 47,088
division a child day-care center that was licensed prior to 47,089
September 1, 1986, if the center received approval from the 47,090
director prior to September 1, 1986, to use a park, playground, 47,091
or similar area, not connected with the center, for play or 47,092
recreation in lieu of the outdoor space requirements of this 47,093
section and if the children are closely supervised both during 47,094
play and while traveling to and from the area and except if the 47,095
director determines upon investigation and inspection pursuant to 47,096
1046
section 5104.04 of the Revised Code and rules adopted pursuant to 47,099
that section that the park, playground, or similar area, as well 47,100
as access to and from the area, is unsafe for the children. 47,101
(3) The child day-care center shall have at least two 47,103
responsible adults available on the premises at all times when 47,104
seven or more children are in the center. The center shall 47,105
organize the children in the center in small groups, shall 47,106
provide child-care staff to give continuity of care and 47,107
supervision to the children on a day-by-day basis, and shall 47,108
ensure that no child is left alone or unsupervised. Except as 47,109
otherwise provided in division (E) of this section, the maximum 47,110
number of children per child-care staff member and maximum group 47,111
size, by age category of children, are as follows: 47,112
Maximum Number of 47,114
Children Per Maximum 47,115
Age Category Child-Care Group 47,116
of Children Staff Member Size 47,117
(a) Infants: 47,118
(i) Less than twelve 47,119
months old 5:1, or 47,120
12:2 if two 47,121
child-care 47,122
staff members 47,123
are in the room 12 47,124
(ii) At least twelve 47,125
months old, but 47,126
less than eighteen 47,127
months old 6:1 12 47,128
(b) Toddlers: 47,129
(i) At least eighteen 47,130
months old, but 47,131
less than thirty 47,132
months old 7:1 14 47,133
(ii) At least thirty months 47,134
1047
old, but less than 47,135
three years old 8:1 16 47,136
(c) Preschool 47,137
children: 47,138
(i) Three years old 12:1 24 47,139
(ii) Four years old and 47,140
five years old who 47,141
are not school 47,142
children 14:1 28 47,143
(d) School children: 47,144
(i) A child who is 47,145
enrolled in or is 47,146
eligible to be 47,147
enrolled in a grade 47,148
of kindergarten 47,149
or above, but 47,150
is less than 47,151
eleven years old 18:1 36 47,153
(ii) Eleven through fourteen 47,154
years old 20:1 40 47,155
Except as otherwise provided in division (E) of this 47,158
section, the maximum number of children per child-care staff 47,159
member and maximum group size requirements of the younger age 47,160
group shall apply when age groups are combined. 47,161
(4)(a) The child day-care center administrator shall show 47,163
the director both of the following: 47,164
(i) Evidence of at least high school graduation or 47,166
certification of high school equivalency by the state board of 47,167
education or the appropriate agency of another state; 47,168
(ii) Evidence of having completed at least two years of 47,170
training in an accredited college, university, or technical 47,171
college, including courses in child development or early 47,172
childhood education, or at least two years of experience in 47,173
supervising and giving daily care to children attending an 47,174
1048
organized group program. 47,175
(b) In addition to the requirements of division (B)(4)(a) 47,177
of this section, any administrator employed or designated on or 47,178
after September 1, 1986, shall show evidence of, and any 47,179
administrator employed or designated prior to September 1, 1986, 47,180
shall show evidence within six years after such date of, at least 47,181
one of the following: 47,182
(i) Two years of experience working as a child-care staff 47,184
member in a center and at least four courses in child development 47,185
or early childhood education from an accredited college, 47,186
university, or technical college, except that a person who has 47,187
two years of experience working as a child-care staff member in a 47,188
particular center and who has been promoted to or designated as 47,189
administrator of that center shall have one year from the time 47,190
the person was promoted to or designated as administrator to 47,191
complete the required four courses; 47,192
(ii) Two years of training, including at least four 47,194
courses in child development or early childhood education from an 47,195
accredited college, university, or technical college; 47,196
(iii) A child development associate credential issued by 47,198
the national child development associate credentialing 47,199
commission; 47,200
(iv) An associate or higher degree in child development or 47,202
early childhood education from an accredited college, technical 47,203
college, or university, or a license designated for teaching in 47,204
an associate teaching position in a preschool setting issued by 47,205
the state board of education. 47,206
(5) All child-care staff members of a child day-care 47,208
center shall be at least eighteen years of age, and shall furnish 47,209
the director evidence of at least high school graduation or 47,210
certification of high school equivalency by the state board of 47,211
education or the appropriate agency of another state or evidence 47,212
of completion of a training program approved by the department of 47,213
human JOB AND FAMILY services or state board of education, except
1049
as follows:
(a) A child-care staff member may be less than eighteen 47,215
years of age if the staff member is either of the following: 47,216
(i) A graduate of a two-year vocational child-care 47,218
training program approved by the state board of education; 47,219
(ii) A student enrolled in the second year of a vocational 47,221
child-care training program approved by the state board of 47,222
education which leads to high school graduation, provided that 47,223
the student performs the student's duties in the child day-care 47,225
center under the continuous supervision of an experienced
child-care staff member, receives periodic supervision from the 47,226
vocational child-care training program teacher-coordinator in the 47,227
student's high school, and meets all other requirements of this 47,228
chapter and rules adopted pursuant to this chapter. 47,229
(b) A child-care staff member shall be exempt from the 47,231
educational requirements of this division if the staff member: 47,233
(i) Prior to January 1, 1972, was employed or designated 47,235
by a child day-care center and has been continuously employed 47,236
since either by the same child day-care center employer or at the 47,237
same child day-care center; or 47,238
(ii) Is a student enrolled in the second year of a 47,240
vocational child-care training program approved by the state 47,241
board of education which leads to high school graduation, 47,242
provided that the student performs the student's duties in the 47,244
child day-care center under the continuous supervision of an
experienced child-care staff member, receives periodic 47,245
supervision from the vocational child-care training program 47,246
teacher-coordinator in the student's high school, and meets all 47,248
other requirements of this chapter and rules adopted pursuant to 47,249
this chapter. 47,250
(6) Every child day-care staff member of a child day-care 47,252
center annually shall complete fifteen hours of inservice 47,253
training in child development or early childhood education, child 47,254
abuse recognition and prevention, first aid, and in prevention, 47,255
1050
recognition, and management of communicable diseases, until a 47,256
total of forty-five hours of training has been completed, unless 47,257
the staff member furnishes one of the following to the director: 47,259
(a) Evidence of an associate or higher degree in child 47,261
development or early childhood education from an accredited 47,262
college, university, or technical college; 47,263
(b) A license designated for teaching in an associate 47,265
teaching position in a preschool setting issued by the state 47,266
board of education;
(c) Evidence of a child development associate credential; 47,268
(d) Evidence of a preprimary credential from the American 47,270
Montessori society or the association Montessori international. 47,271
For the purposes of division (B)(6) of this section, "hour" means 47,272
sixty minutes. 47,273
(7) The administrator of each child day-care center shall 47,275
prepare at least once annually and for each group of children at 47,276
the center a roster of names and telephone numbers of parents, 47,277
custodians, or guardians of each group of children attending the 47,278
center and upon request shall furnish the roster for each group 47,279
to the parents, custodians, or guardians of the children in that 47,280
group. The administrator may prepare a roster of names and 47,281
telephone numbers of all parents, custodians, or guardians of 47,282
children attending the center and upon request shall furnish the 47,283
roster to the parents, custodians, or guardians of the children 47,284
who attend the center. The administrator shall not include in 47,285
any roster the name or telephone number of any parent, custodian, 47,286
or guardian who requests the administrator not to include the 47,287
parent's, custodian's, or guardian's name or number and shall not 47,288
furnish any roster to any person other than a parent, custodian, 47,289
or guardian of a child who attends the center. 47,290
(C)(1) Each child day-care center shall have on the center 47,292
premises and readily available at all times at least one 47,293
child-care staff member who has completed a course in first aid 47,294
and in prevention, recognition, and management of communicable 47,295
1051
diseases which is approved by the state department of health and 47,296
a staff member who has completed a course in child abuse 47,297
recognition and prevention training which is approved by the 47,298
department of human JOB AND FAMILY services. 47,299
(2) The administrator of each child day-care center shall 47,301
maintain enrollment, health, and attendance records for all 47,302
children attending the center and health and employment records 47,303
for all center employees. The records shall be confidential, 47,304
except as otherwise provided in division (B)(7) of this section 47,305
and except that they shall be disclosed by the administrator to 47,306
the director upon request for the purpose of administering and 47,307
enforcing this chapter and rules adopted pursuant to this 47,308
chapter. Neither the center nor the licensee, administrator, or 47,309
employees of the center shall be civilly or criminally liable in 47,310
damages or otherwise for records disclosed to the director by the 47,311
administrator pursuant to this division. It shall be a defense 47,312
to any civil or criminal charge based upon records disclosed by 47,313
the administrator to the director that the records were disclosed 47,314
pursuant to this division. 47,315
(3)(a) Any parent who is the residential parent and legal 47,317
custodian of a child enrolled in a child day-care center and any 47,318
custodian or guardian of such a child shall be permitted 47,319
unlimited access to the center during its hours of operation for 47,320
the purposes of contacting their children, evaluating the care 47,321
provided by the center, evaluating the premises of the center, or 47,322
for other purposes approved by the director. A parent of a child 47,323
enrolled in a child day-care center who is not the child's 47,324
residential parent shall be permitted unlimited access to the 47,325
center during its hours of operation for those purposes under the 47,326
same terms and conditions under which the residential parent of 47,327
that child is permitted access to the center for those purposes. 47,328
However, the access of the parent who is not the residential 47,329
parent is subject to any agreement between the parents and, to 47,330
the extent described in division (C)(3)(b) of this section, is 47,331
1052
subject to any terms and conditions limiting the right of access 47,332
of the parent who is not the residential parent, as described in 47,333
division (I) of section 3109.051 of the Revised Code, that are 47,334
contained in a visitation order or decree issued under that 47,335
section, section 3109.11 or 3109.12 of the Revised Code, or any 47,336
other provision of the Revised Code. 47,337
(b) If a parent who is the residential parent of a child 47,339
has presented the administrator or the administrator's designee 47,341
with a copy of a visitation order that limits the terms and 47,342
conditions under which the parent who is not the residential 47,343
parent is to have access to the center, as described in division 47,344
(I) of section 3109.051 of the Revised Code, the parent who is 47,345
not the residential parent shall be provided access to the center 47,346
only to the extent authorized in the order. If the residential 47,347
parent has presented such an order, the parent who is not the 47,348
residential parent shall be permitted access to the center only 47,349
in accordance with the most recent order that has been presented 47,350
to the administrator or the administrator's designee by the 47,351
residential parent or the parent who is not the residential 47,352
parent.
(c) Upon entering the premises pursuant to division 47,354
(C)(3)(a) or (b) of this section, the parent who is the 47,355
residential parent and legal custodian, the parent who is not the 47,356
residential parent, or the custodian or guardian shall notify the 47,357
administrator or the administrator's designee of the parent's, 47,359
custodian's, or guardian's presence.
(D) The director of human JOB AND FAMILY services, in 47,361
addition to the rules adopted under division (A) of this section, 47,362
shall adopt rules establishing minimum requirements for child 47,363
day-care centers. The rules shall include, but not be limited 47,364
to, the requirements set forth in divisions (B) and (C) of this 47,365
section. Except as provided in section 5104.07 of the Revised 47,366
Code, the rules shall not change the square footage requirements 47,367
of division (B)(1) or (2) of this section; the maximum number of 47,368
1053
children per child-care staff member and maximum group size 47,369
requirements of division (B)(3) of this section; the educational 47,370
and experience requirements of division (B)(4) of this section; 47,371
the age, educational, and experience requirements of division 47,372
(B)(5) of this section; the number of inservice training hours 47,373
required under division (B)(6) of this section; or the 47,374
requirement for at least annual preparation of a roster for each 47,375
group of children of names and telephone numbers of parents, 47,376
custodians, or guardians of each group of children attending the 47,377
center that must be furnished upon request to any parent, 47,378
custodian, or guardian of any child in that group required under 47,379
division (B)(7) of this section; however, the rules shall provide 47,380
procedures for determining compliance with those requirements. 47,381
(E)(1) When age groups are combined, the maximum number of 47,383
children per child-care staff member shall be determined by the 47,384
age of the youngest child in the group, except that when no more 47,385
than one child thirty months of age or older receives services in 47,386
a group in which all the other children are in the next older age 47,387
group, the maximum number of children per child-care staff member 47,388
and maximum group size requirements of the older age group 47,389
established under division (B)(3) of this section shall apply. 47,390
(2) The maximum number of toddlers or preschool children 47,393
per child-care staff member in a room where children are napping
shall be twice the maximum number of children per child-care 47,394
staff member established under division (B)(3) of this section if 47,395
all the following criteria are met: 47,396
(a) At least one child-care staff member is present in the 47,398
room. 47,399
(b) Sufficient child-care staff members are on the child 47,401
day-care center premises to meet the maximum number of children 47,402
per child-care staff member requirements established under 47,403
division (B)(3) of this section. 47,404
(c) Naptime preparations are complete and all napping 47,406
children are resting or sleeping on cots. 47,407
1054
(d) The maximum number established under division (E)(2) 47,409
of this section is in effect for no more than one and one-half 47,410
hours during a twenty-four-hour day. 47,411
(F) The director of human JOB AND FAMILY services shall 47,413
adopt rules pursuant to Chapter 119. of the Revised Code 47,414
governing the operation of type A family day-care homes, 47,415
including, but not limited to, parent cooperative type A homes, 47,416
part-time type A homes, drop-in type A homes, and school child 47,417
type A homes, which shall reflect the various forms of child 47,418
day-care and the needs of children receiving child day-care. The 47,419
rules shall include the following: 47,420
(1) Submission of a site plan and descriptive plan of 47,422
operation to demonstrate how the type A home proposes to meet the 47,423
requirements of this chapter and rules adopted pursuant to this 47,426
chapter for the initial license application;
(2) Standards for ensuring that the physical surroundings 47,428
of the type A home are safe and sanitary, including, but not 47,429
limited to, the physical environment, the physical plant, and the 47,430
equipment of the type A home; 47,431
(3) Standards for the supervision, care, and discipline of 47,433
children receiving child day-care or publicly funded child 47,434
day-care in the type A home; 47,435
(4) Standards for a program of activities, and for play 47,437
equipment, materials, and supplies, to enhance the development of 47,438
each child; however, any educational curricula, philosophies, and 47,439
methodologies that are developmentally appropriate and that 47,440
enhance the social, emotional, intellectual, and physical 47,441
development of each child shall be permissible; 47,442
(5) Admissions policies and procedures, health care 47,444
policies and procedures, including, but not limited to, 47,445
procedures for the isolation of children with communicable 47,446
diseases, first aid and emergency procedures, procedures for 47,447
discipline and supervision of children, standards for the 47,448
provision of nutritious meals and snacks, and procedures for 47,449
1055
screening children and employees, including, but not limited to, 47,450
any necessary physical examinations and immunizations; 47,451
(6) Methods for encouraging parental participation in the 47,453
type A home and methods for ensuring that the rights of children, 47,454
parents, and employees are protected and that the 47,455
responsibilities of parents and employees are met; 47,456
(7) Procedures for ensuring the safety and adequate 47,458
supervision of children traveling off the premises of the type A 47,459
home while under the care of a type A home employee; 47,460
(8) Procedures for record keeping, organization, and 47,462
administration; 47,463
(9) Procedures for issuing, renewing, denying, and 47,465
revoking a license that are not otherwise provided for in Chapter 47,466
119. of the Revised Code; 47,467
(10) Inspection procedures; 47,469
(11) Procedures and standards for setting initial and 47,471
renewal license application fees; 47,472
(12) Procedures for receiving, recording, and responding 47,474
to complaints about type A homes; 47,475
(13) Procedures for enforcing section 5104.04 of the 47,477
Revised Code; 47,478
(14) A standard requiring the inclusion, on or after July 47,480
1, 1987, of a current department of human JOB AND FAMILY services 47,481
toll-free telephone number on each type A home provisional 47,482
license or license which any person may use to report a suspected 47,483
violation by the type A home of this chapter or rules adopted 47,484
pursuant this chapter; 47,486
(15) Requirements for the training of administrators and 47,488
child-care staff members in first aid, in prevention, 47,489
recognition, and management of communicable diseases, and in 47,490
child abuse recognition and prevention; 47,491
(16) Procedures to be used by licensees for checking the 47,493
references of potential employees of type A homes and procedures 47,494
to be used by the director for checking the references of 47,495
1056
applicants for licenses to operate type A homes; 47,496
(17) Standards providing for the special needs of children 47,498
who are handicapped or who require treatment for health 47,499
conditions while the child is receiving child day-care or 47,500
publicly funded child day-care in the type A home; 47,501
(18) Standards for the maximum number of children per 47,503
child-care staff member; 47,504
(19) Requirements for the amount of usable indoor floor 47,506
space for each child; 47,507
(20) Requirements for safe outdoor play space; 47,509
(21) Qualifications and training requirements for 47,511
administrators and for child-care staff members; 47,512
(22) Procedures for granting a parent who is the 47,514
residential parent and legal custodian, or a custodian or 47,515
guardian access to the type A home during its hours of operation; 47,516
(23) Standards for the preparation and distribution of a 47,518
roster of parents, custodians, and guardians; 47,519
(24) Any other procedures and standards necessary to carry 47,521
out this chapter. 47,522
(G) The director of human JOB AND FAMILY services shall 47,524
adopt rules pursuant to Chapter 119. of the Revised Code 47,525
governing the certification of type B family day-care homes. 47,526
(1) The rules shall include procedures, standards, and 47,529
other necessary provisions for granting limited certification to 47,530
type B family day-care homes that are operated by the following 47,531
adult providers:
(a) Persons who provide child day-care for eligible 47,534
children who are great-grandchildren, grandchildren, nieces, 47,535
nephews, or siblings of the provider or for eligible children 47,536
whose caretaker parent is a grandchild, child, niece, nephew, or 47,537
sibling of the provider;
(b) Persons who provide child day-care for eligible 47,539
children all of whom are the children of the same caretaker 47,540
parent.
1057
The rules shall require, and shall include procedures for 47,543
the director to ensure, that type B family day-care homes that 47,544
receive a limited certification provide child day-care to 47,545
children in a safe and sanitary manner. With regard to providers 47,546
who apply for limited certification, a provider shall be granted 47,547
a provisional limited certification on signing a declaration 47,548
under oath attesting that the provider meets the standards for 47,549
limited certification. Such provisional limited certifications 47,550
shall remain in effect for no more than sixty calendar days and 47,551
shall entitle the provider to offer publicly funded child 47,552
day-care during the provisional period. Except as otherwise 47,553
provided in division (G)(1) of this section, prior to the 47,555
expiration of the provisional limited certificate, a county
department of human JOB AND FAMILY services shall inspect the 47,556
home and shall grant limited certification to the provider if the 47,557
provider meets the requirements of this division. Limited 47,558
certificates remain valid for two years unless earlier revoked. 47,559
Except as otherwise provided in division (G)(1) of this section, 47,560
providers operating under limited certification shall be 47,561
inspected annually.
If a provider is a person described in division (G)(1)(a) 47,564
of this section or a person described in division (G)(1)(b) of 47,566
this section who is a friend of the caretaker parent, the
provider and the caretaker parent may verify in writing to the 47,567
county department of human JOB AND FAMILY services that minimum 47,568
health and safety requirements are being met in the home. If 47,569
such verification is provided, the county shall waive any 47,570
inspection and any criminal records check required by this 47,571
chapter and grant limited certification to the provider. 47,572
(2) The rules shall provide for safeguarding the health, 47,574
safety, and welfare of children receiving child day-care or 47,575
publicly funded child day-care in a certified type B home and 47,576
shall include the following: 47,577
(a) Standards for ensuring that the type B home and the 47,579
1058
physical surroundings of the type B home are safe and sanitary, 47,580
including, but not limited to, physical environment, physical 47,581
plant, and equipment; 47,582
(b) Standards for the supervision, care, and discipline of 47,584
children receiving child day-care or publicly funded child 47,585
day-care in the home; 47,586
(c) Standards for a program of activities, and for play 47,588
equipment, materials, and supplies to enhance the development of 47,589
each child; however, any educational curricula, philosophies, and 47,590
methodologies that are developmentally appropriate and that 47,591
enhance the social, emotional, intellectual, and physical 47,592
development of each child shall be permissible; 47,593
(d) Admission policies and procedures, health care, first 47,595
aid and emergency procedures, procedures for the care of sick 47,596
children, procedures for discipline and supervision of children, 47,597
nutritional standards, and procedures for screening children and 47,598
authorized providers, including, but not limited to, any 47,599
necessary physical examinations and immunizations; 47,600
(e) Methods of encouraging parental participation and 47,602
ensuring that the rights of children, parents, and authorized 47,603
providers are protected and the responsibilities of parents and 47,604
authorized providers are met; 47,605
(f) Standards for the safe transport of children when 47,607
under the care of authorized providers; 47,608
(g) Procedures for issuing, renewing, denying, refusing to 47,610
renew, or revoking certificates; 47,611
(h) Procedures for the inspection of type B family 47,613
day-care homes that require, at a minimum, that each type B 47,614
family day-care home be inspected prior to certification to 47,615
ensure that the home is safe and sanitary; 47,616
(i) Procedures for record keeping and evaluation; 47,618
(j) Procedures for receiving, recording, and responding to 47,621
complaints;
(k) Standards providing for the special needs of children 47,623
1059
who are handicapped or who receive treatment for health 47,624
conditions while the child is receiving child day-care or 47,625
publicly funded child day-care in the type B home; 47,626
(l) Requirements for the amount of usable indoor floor 47,628
space for each child; 47,629
(m) Requirements for safe outdoor play space; 47,631
(n) Qualification and training requirements for authorized 47,634
providers;
(o) Procedures for granting a parent who is the 47,636
residential parent and legal custodian, or a custodian or 47,637
guardian access to the type B home during its hours of operation; 47,638
(p) Any other procedures and standards necessary to carry 47,640
out this chapter. 47,641
(H) The director shall adopt rules pursuant to Chapter 47,644
119. of the Revised Code governing the certification of in-home 47,645
aides. The rules shall include procedures, standards, and other 47,646
necessary provisions for granting limited certification to 47,647
in-home aides who provide child day-care for eligible children
who are great-grandchildren, grandchildren, nieces, nephews, or 47,648
siblings of the in-home aide or for eligible children whose 47,649
caretaker parent is a grandchild, child, niece, nephew, or 47,650
sibling of the in-home aide. The rules shall require, and shall 47,651
include procedures for the director to ensure, that in-home aides 47,652
that receive a limited certification provide child day-care to 47,653
children in a safe and sanitary manner. The rules shall provide 47,654
for safeguarding the health, safety, and welfare of children 47,655
receiving publicly funded child day-care in their own home and 47,656
shall include the following: 47,657
(1) Standards for ensuring that the child's home and the 47,659
physical surroundings of the child's home are safe and sanitary, 47,660
including, but not limited to, physical environment, physical 47,661
plant, and equipment; 47,662
(2) Standards for the supervision, care, and discipline of 47,664
children receiving publicly funded child day-care in their own 47,665
1060
home; 47,666
(3) Standards for a program of activities, and for play 47,668
equipment, materials, and supplies to enhance the development of 47,669
each child; however, any educational curricula, philosophies, and 47,670
methodologies that are developmentally appropriate and that 47,671
enhance the social, emotional, intellectual, and physical 47,672
development of each child shall be permissible; 47,673
(4) Health care, first aid, and emergency procedures, 47,675
procedures for the care of sick children, procedures for 47,676
discipline and supervision of children, nutritional standards, 47,677
and procedures for screening children and in-home aides, 47,678
including, but not limited to, any necessary physical 47,679
examinations and immunizations; 47,680
(5) Methods of encouraging parental participation and 47,682
ensuring that the rights of children, parents, and in-home aides 47,683
are protected and the responsibilities of parents and in-home 47,684
aides are met; 47,685
(6) Standards for the safe transport of children when 47,687
under the care of in-home aides; 47,688
(7) Procedures for issuing, renewing, denying, refusing to 47,690
renew, or revoking certificates; 47,691
(8) Procedures for inspection of homes of children 47,693
receiving publicly funded child day-care in their own homes; 47,694
(9) Procedures for record keeping and evaluation; 47,696
(10) Procedures for receiving, recording, and responding 47,698
to complaints; 47,699
(11) Qualifications and training requirements for in-home 47,701
aides; 47,702
(12) Standards providing for the special needs of children 47,704
who are handicapped or who receive treatment for health 47,705
conditions while the child is receiving publicly funded child 47,706
day-care in the child's own home; 47,707
(13) Any other procedures and standards necessary to carry 47,709
out this chapter. 47,710
1061
(I) The director of human JOB AND FAMILY services shall 47,712
send copies of proposed rules to each licensee and each county 47,713
director of human JOB AND FAMILY services and shall give public 47,714
notice of hearings regarding the rules to each licensee and each 47,716
county director of human JOB AND FAMILY services at least thirty 47,717
days prior to the date of the public hearing, in accordance with 47,719
section 119.03 of the Revised Code. Prior to the effective date 47,720
of a rule, the director of human JOB AND FAMILY services shall 47,721
provide copies of the adopted rule to each licensee and each 47,722
county director of human JOB AND FAMILY services. 47,723
The county director of human JOB AND FAMILY services shall 47,725
send copies of proposed rules to each authorized provider and 47,727
in-home aide and shall give public notice of hearings regarding 47,728
the rules to each authorized provider and in-home aide at least 47,729
thirty days prior to the date of the public hearing, in 47,730
accordance with section 119.03 of the Revised Code. Prior to the 47,731
effective date of a rule, the county director of human JOB AND 47,732
FAMILY services shall provide copies of the adopted rule to each 47,733
authorized provider and in-home aide. 47,734
Additional copies of proposed and adopted rules shall be 47,736
made available by the director of human JOB AND FAMILY services 47,737
to the public on request at no charge. 47,739
(J) The director of human JOB AND FAMILY services shall 47,741
review all rules adopted pursuant to this chapter at least once 47,743
every seven years. 47,745
(K) Notwithstanding any provision of the Revised Code, the 47,747
director of human JOB AND FAMILY services shall not regulate in 47,748
any way under this chapter or rules adopted pursuant to this 47,750
chapter, instruction in religious or moral doctrines, beliefs, or 47,752
values.
Sec. 5104.012. (A)(1) The administrator of a child 47,761
day-care center or a type-A TYPE A family day-care home and the 47,762
provider of a certified type-B TYPE B family day-care home shall 47,763
request the superintendent of the bureau of criminal 47,764
1062
identification and investigation to conduct a criminal records 47,765
check with respect to any applicant who has applied to the 47,766
center, type-A TYPE A home, or certified type-B TYPE B home for 47,767
employment as a person responsible for the care, custody, or 47,768
control of a child. If the applicant does not present proof that 47,769
the applicant has been a resident of this state for the five-year 47,770
period immediately prior to the date upon which the criminal 47,771
records check is requested or does not provide evidence that 47,772
within that five-year period the superintendent has requested 47,773
information about the applicant from the federal bureau of
investigation in a criminal records check, the administrator or 47,774
provider shall request that the superintendent obtain information 47,775
from the federal bureau of investigation as a part of the 47,776
criminal records check for the applicant. If the applicant 47,777
presents proof that the applicant has been a resident of this 47,778
state for that five-year period, the administrator or provider 47,779
may request that the superintendent include information from the 47,780
federal bureau of investigation in the criminal records check. 47,781
(2) A person required by division (A)(1) of this section 47,783
to request a criminal records check shall provide to each 47,784
applicant a copy of the form prescribed pursuant to division 47,785
(C)(1) of section 109.572 of the Revised Code, provide to each 47,786
applicant a standard impression sheet to obtain fingerprint 47,787
impressions prescribed pursuant to division (C)(2) of section 47,788
109.572 of the Revised Code, obtain the completed form and 47,789
impression sheet from each applicant, and forward the completed 47,790
form and impression sheet to the superintendent of the bureau of 47,791
criminal identification and investigation at the time the person 47,792
requests a criminal records check pursuant to division (A)(1) of 47,793
this section. 47,794
(3) An applicant who receives pursuant to division (A)(2) 47,796
of this section a copy of the form prescribed pursuant to 47,797
division (C)(1) of section 109.572 of the Revised Code and a copy 47,798
of an impression sheet prescribed pursuant to division (C)(2) of 47,799
1063
that section and who is requested to complete the form and 47,800
provide a set of fingerprint impressions shall complete the form 47,801
or provide all the information necessary to complete the form and 47,802
shall provide the impression sheet with the impressions of the 47,803
applicant's fingerprints. If an applicant, upon request, fails 47,804
to provide the information necessary to complete the form or 47,805
fails to provide impressions of the applicant's fingerprints, the 47,806
center, type-A TYPE A home, or type-B TYPE B home shall not 47,807
employ that applicant for any position for which a criminal 47,808
records check is required by division (A)(1) of this section. 47,809
(B)(1) Except as provided in rules adopted by the 47,811
department of human services in accordance with UNDER division 47,812
(E) of this section, no child day-care center, type-A TYPE A 47,814
family day-care home, or certified type-B TYPE B family day-care 47,816
home shall employ or contract with another entity for the 47,818
services of a person as a person responsible for the care, 47,819
custody, or control of a child if the person previously has been 47,820
convicted of or pleaded guilty to any of the following: 47,821
(a) A violation of section 2903.01, 2903.02, 2903.03, 47,823
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 47,824
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 47,826
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 47,827
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 47,828
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 47,829
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 47,830
2925.06, or 3716.11 of the Revised Code, a violation of section 47,831
2905.04 of the Revised Code as it existed prior to July 1, 1996, 47,832
a violation of section 2919.23 of the Revised Code that would 47,833
have been a violation of section 2905.04 of the Revised Code as
it existed prior to July 1, 1996, had the violation occurred 47,834
prior to that date,, a violation of section 2925.11 of the 47,835
Revised Code that is not a minor drug possession offense, or 47,836
felonious sexual penetration in violation of former section 47,837
2907.12 of the Revised Code;
1064
(b) A violation of an existing or former law of this 47,839
state, any other state, or the United States that is 47,840
substantially equivalent to any of the offenses or violations 47,841
described in division (B)(1)(a) of this section. 47,842
(2) A child day-care center, type-A TYPE A family day-care 47,844
home, or certified type-B TYPE B family day-care home may employ 47,845
an applicant conditionally until the criminal records check 47,846
required by this section is completed and the center or home 47,847
receives the results of the criminal records check. If the 47,848
results of the criminal records check indicate that, pursuant to 47,849
division (B)(1) of this section, the applicant does not qualify 47,850
for employment, the center or home shall release the applicant 47,851
from employment.
(C)(1) Each child day-care center, type-A TYPE A family 47,853
day-care home, and certified type-B TYPE B family day-care home 47,854
shall pay to the bureau of criminal identification and 47,855
investigation the fee prescribed pursuant to division (C)(3) of 47,856
section 109.572 of the Revised Code for each criminal records 47,857
check conducted in accordance with that section upon the request 47,858
pursuant to division (A)(1) of this section of the administrator 47,859
or provider of the center or home. 47,860
(2) A child day-care center, type-A TYPE A family day-care 47,862
home, and certified type-B TYPE B family day-care home may charge 47,863
an applicant a fee for the costs it incurs in obtaining a 47,864
criminal records check under this section. A fee charged under 47,865
this division shall not exceed the amount of fees the center or 47,866
home pays under division (C)(1) of this section. If a fee is 47,867
charged under this division, the center or home shall notify the 47,868
applicant at the time of the applicant's initial application for 47,869
employment of the amount of the fee and that, unless the fee is 47,870
paid, the center, type-A TYPE A home, or type-B TYPE B home will 47,871
not consider the applicant for employment. 47,872
(D) The report of any criminal records check conducted by 47,874
the bureau of criminal identification and investigation in 47,875
1065
accordance with section 109.572 of the Revised Code and pursuant 47,876
to a request under division (A)(1) of this section is not a 47,877
public record for the purposes of section 149.43 of the Revised 47,878
Code and shall not be made available to any person other than the 47,879
applicant who is the subject of the criminal records check or the 47,880
applicant's representative; the center, type-A TYPE A home, or 47,882
certified type-B TYPE B home requesting the criminal records 47,883
check or its representative; the state department of human JOB 47,884
AND FAMILY services or a county department of human JOB AND 47,885
FAMILY services; and any court, hearing officer, or other 47,886
necessary individual involved in a case dealing with the denial 47,887
of employment to the applicant. 47,888
(E) The department DIRECTOR of human JOB AND FAMILY 47,891
services shall adopt rules pursuant to Chapter 119. of the 47,892
Revised Code to implement this section, including rules 47,893
specifying circumstances under which a center or home may hire a 47,894
person who has been convicted of an offense listed in division 47,895
(B)(1) of this section but who meets standards in regard to 47,896
rehabilitation set by the department.
(F) Any person required by division (A)(1) of this section 47,898
to request a criminal records check shall inform each person, at 47,899
the time of the person's initial application for employment, that 47,900
the person is required to provide a set of impressions of the 47,901
person's fingerprints and that a criminal records check is 47,903
required to be conducted and satisfactorily completed in 47,904
accordance with section 109.572 of the Revised Code if the person 47,905
comes under final consideration for appointment or employment as 47,906
a precondition to employment for that position. 47,907
(G) As used in this section: 47,909
(1) "Applicant" means a person who is under final 47,911
consideration for appointment to or employment in a position with 47,912
a child day-care center, a type-A TYPE A family day-care home, or 47,913
a certified type-B TYPE B family day-care home as a person 47,914
responsible for the care, custody, or control of a child; an 47,915
1066
in-home aide certified pursuant to section 5104.12 of the Revised 47,916
Code; or any person who would serve in any position with a child 47,917
day-care center, a type-A TYPE A family day-care home, or a 47,918
certified type-B TYPE B family day-care home as a person 47,919
responsible for the care, custody, or control of a child pursuant 47,920
to a contract with another entity. 47,921
(2) "Criminal records check" has the same meaning as in 47,923
section 109.572 of the Revised Code. 47,924
(3) "Minor drug possession offense" has the same meaning 47,926
as in section 2925.01 of the Revised Code. 47,927
Sec. 5104.013. (A)(1) The director of human JOB AND 47,936
FAMILY services, as part of the process of licensure of child 47,937
day-care centers and type-A TYPE A family day-care homes, shall 47,938
request the superintendent of the bureau of criminal 47,939
identification and investigation to conduct a criminal records 47,940
check with respect to the following persons: 47,941
(a) Any owner, licensee, or administrator of a child 47,943
day-care center; 47,944
(b) Any owner, licensee, or administrator of a type-A TYPE 47,946
A family day-care home and any person eighteen years of age or 47,947
older who resides in a type-A TYPE A family day-care home. 47,949
(2) The director of a county department of human JOB AND 47,951
FAMILY services, as part of the process of certification of 47,952
type-B TYPE B family day-care homes, shall request the 47,954
superintendent of the bureau of criminal identification and 47,955
investigation to conduct a criminal records check with respect to 47,956
any authorized provider of a certified type-B TYPE B family 47,957
day-care home and any person eighteen years of age or older who 47,959
resides in a certified type-B TYPE B family day-care home. 47,960
(B) The director of human JOB AND FAMILY services or the 47,962
director of a county department of human JOB AND FAMILY services 47,964
shall provide to each person for whom a criminal records check is 47,966
required under this section a copy of the form prescribed 47,967
pursuant to division (C)(1) of section 109.572 of the Revised 47,968
1067
Code and a standard impression sheet to obtain fingerprint 47,969
impressions prescribed pursuant to division (C)(2) of that 47,970
section, obtain the completed form and impression sheet from that 47,971
person, and forward the completed form and impression sheet to 47,972
the superintendent of the bureau of criminal identification and 47,973
investigation.
(C) A person who receives pursuant to division (B) of this 47,976
section a copy of the form and standard impression sheet
described in that division and who is requested to complete the 47,977
form and provide a set of fingerprint impressions shall complete 47,978
the form or provide all the information necessary to complete the 47,979
form and shall provide the impression sheet with the impressions 47,980
of the person's fingerprints. If the person, upon request, fails 47,981
to provide the information necessary to complete the form or 47,982
fails to provide impressions of the person's fingerprints, the 47,983
director may consider the failure as a reason to deny licensure 47,984
or certification. 47,985
(D) Except as provided in rules adopted by the department 47,987
of human services in accordance with UNDER division (G) of this 47,988
section, the director of human JOB AND FAMILY services shall not 47,989
grant a license to a child day-care center or type-A TYPE A 47,991
family day-care home and a county director of human JOB AND 47,993
FAMILY services shall not certify a type-B TYPE B family day-care 47,995
home if a person for whom a criminal records check was required 47,996
in connection with the center or home previously has been 47,997
convicted of or pleaded guilty to any of the following: 47,998
(1) A violation of section 2903.01, 2903.02, 2903.03, 48,000
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 48,001
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 48,003
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 48,004
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 48,005
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 48,006
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 48,007
2925.06, or 3716.11 of the Revised Code, a violation of section 48,008
1068
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 48,009
violation of section 2905.04 of the Revised Code as it existed 48,010
prior to July 1, 1996, had the violation been committed prior to 48,011
that date,, a violation of section 2925.11 of the Revised Code 48,013
that is not a minor drug possession offense, or felonious sexual 48,014
penetration in violation of former section 2907.12 of the Revised
Code;
(2) A violation of an existing or former law of this 48,016
state, any other state, or the United States that is 48,017
substantially equivalent to any of the offenses or violations 48,018
described in division (D)(1) of this section. 48,019
(E) Each child day-care center, type-A TYPE A family 48,021
day-care home, and type-B TYPE B family day-care home shall pay 48,022
to the bureau of criminal identification and investigation the 48,023
fee prescribed pursuant to division (C)(3) of section 109.572 of 48,024
the Revised Code for each criminal records check conducted in 48,025
accordance with that section upon a request made pursuant to 48,026
division (A) of this section. 48,027
(F) The report of any criminal records check conducted by 48,029
the bureau of criminal identification and investigation in 48,030
accordance with section 109.572 of the Revised Code and pursuant 48,031
to a request made under division (A) of this section is not a 48,032
public record for the purposes of section 149.43 of the Revised 48,033
Code and shall not be made available to any person other than the 48,034
person who is the subject of the criminal records check or the 48,035
person's representative, the director of human JOB AND FAMILY 48,036
services, the director of a county department of human JOB AND 48,038
FAMILY services, the center, type-A TYPE A home, or type-B TYPE B 48,040
home involved, and any court, hearing officer, or other necessary 48,042
individual involved in a case dealing with a denial of licensure 48,043
or certification related to the criminal records check.
(G) The department DIRECTOR of human JOB AND FAMILY 48,046
services shall adopt rules pursuant to Chapter 119. of the 48,047
1069
Revised Code to implement this section, including rules 48,048
specifying exceptions to the prohibition in division (D) of this 48,049
section for persons who have been convicted of an offense listed 48,050
in that division but who meet standards in regard to 48,051
rehabilitation set by the department.
(H) As used in this section: 48,053
(1) "Criminal records check" has the same meaning as in 48,055
section 109.572 of the Revised Code. 48,056
(2) "Minor drug possession offense" has the same meaning 48,059
as in section 2925.01 of the Revised Code.
Sec. 5104.014. The department DIRECTOR of human JOB AND 48,070
FAMILY services shall adopt rules in accordance with Chapter 119. 48,071
of the Revised Code to provide for the licensing of child 48,072
day-care centers for children with short-term illnesses and other
temporary medical conditions. 48,073
Sec. 5104.015. (A) Except as otherwise provided in 48,082
division (C) of this section, no child day-care center shall 48,083
permit any person to smoke in any indoor or outdoor space that is 48,084
part of the center. 48,085
The administrator of a child day-care center shall post in 48,087
a conspicuous place at the main entrance of the center a notice 48,088
stating that smoking is prohibited in any indoor or outdoor space 48,089
that is part of the center, except under the conditions described 48,090
in division (C) of this section. 48,091
(B) Except as otherwise provided in division (C) of this 48,093
section, no type A family day-care home or certified type B 48,094
family day-care home shall permit any person to smoke in any 48,095
indoor or outdoor space that is part of the home during the hours 48,096
the home is in operation. Smoking may be permitted during hours 48,097
other than the hours of operation if the administrator or 48,098
authorized provider of the home has provided to a parent, 48,099
custodian, or guardian of each child receiving child day-care at 48,100
the home notice that smoking occurs or may occur at the home when 48,101
it is not in operation. 48,102
1070
The administrator of a type A family day-care home or 48,104
authorized provider of a certified type B family day-care home 48,105
shall post in a conspicuous place at the main entrance of the 48,106
home a notice specifying the hours the home is in operation and 48,107
stating that smoking is prohibited during those hours in any 48,108
indoor or outdoor space that is part of the home, except under 48,109
the conditions described in division (C) of this section. 48,110
(C) A child day-care center, type A family day-care home, 48,112
or certified type B family home may allow persons to smoke at the 48,113
center or home during its hours of operation if those persons 48,114
cannot be seen smoking by the children being cared for and if 48,115
they smoke in either of the following: 48,116
(1) An indoor area that is separately ventilated from the 48,118
rest of the center or home; 48,119
(2) An outdoor area that is so far removed from the 48,121
children being cared for that they cannot inhale any smoke. 48,122
(D) The director of human JOB AND FAMILY services, in 48,124
consultation with the director of health, shall adopt rules in 48,125
accordance with Chapter 119. of the Revised Code to implement the 48,126
requirements of this section. These rules may prohibit smoking 48,127
in a child day-care center, type A family day-care home, or 48,128
certified type B family home if its design and structure do not 48,129
allow persons to smoke under the conditions described in division 48,130
(C) of this section or if repeated violations of division (A) or 48,131
(B) of this section have occurred there. 48,132
Sec. 5104.02. (A) The director of human JOB AND FAMILY 48,141
services is responsible for the licensing of child day-care 48,142
centers and type A family day-care homes, and for the enforcement 48,143
of this chapter and of rules promulgated pursuant to this 48,144
chapter. No person, firm, organization, institution, or agency 48,145
shall operate, establish, manage, conduct, or maintain a child 48,146
day-care center or type A family day-care home without a license 48,147
issued under section 5104.03 of the Revised Code. The current 48,148
license shall be posted in a conspicuous place in the center or 48,149
1071
type A home that is accessible to parents, custodians, or 48,150
guardians and employees of the center or type A home at all times 48,151
when the center or type A home is in operation. 48,152
(B) A person, firm, institution, organization, or agency 48,154
operating any of the following programs is exempt from the 48,155
requirements of this chapter: 48,156
(1) A program of child day-care that operates for two or 48,158
less consecutive weeks; 48,159
(2) Child day-care in places of worship during religious 48,161
activities during which children are cared for while at least one 48,162
parent, guardian, or custodian of each child is participating in 48,163
such activities and is readily available; 48,164
(3) Religious activities which do not provide child 48,166
day-care; 48,167
(4) Supervised training, instruction, or activities of 48,169
children in specific areas, including, but not limited to: art; 48,170
drama; dance; music; gymnastics, swimming, or another athletic 48,171
skill or sport; computers; or an educational subject conducted on 48,172
an organized or periodic basis no more than one day a week and 48,173
for no more than six hours duration; 48,174
(5) Programs in which the director determines that at 48,176
least one parent, custodian, or guardian of each child is on the 48,177
premises of the facility offering child day-care and is readily 48,178
accessible at all times, except that child day-care provided on 48,179
the premises at which a parent, custodian, or guardian is 48,180
employed more than two and one-half hours a day shall be licensed 48,181
in accordance with division (A) of this section; 48,182
(6)(a) Programs that provide child day-care funded and 48,184
regulated or operated and regulated by state departments other 48,185
than the department of human JOB AND FAMILY services or the state 48,186
board of education when the director of human JOB AND FAMILY 48,187
services has determined that the rules governing the program are 48,188
equivalent to or exceed the rules promulgated pursuant to this 48,189
chapter.
1072
Notwithstanding any exemption from regulation under this 48,191
chapter, each state department shall submit to the director of 48,192
human JOB AND FAMILY services a copy of the rules that govern
programs that provide child day-care and are regulated or 48,193
operated and regulated by the department. Annually, each state 48,194
department shall submit to the director a report for each such 48,195
program it regulates or operates and regulates that includes the 48,196
following information: 48,197
(i) The site location of the program; 48,199
(ii) The maximum number of infants, toddlers, preschool 48,201
children, or school children served by the program at one time; 48,202
(iii) The number of adults providing child day-care for 48,204
the number of infants, toddlers, preschool children, or school 48,205
children; 48,206
(iv) Any changes in the rules made subsequent to the time 48,208
when the rules were initially submitted to the director. 48,209
The director shall maintain a record of the child day-care 48,211
information submitted by other state departments and shall 48,212
provide this information upon request to the general assembly or 48,213
the public. 48,214
(b) Child day-care programs conducted by boards of 48,216
education or by chartered nonpublic schools that are conducted in 48,217
school buildings and that provide child day-care to school 48,218
children only shall be exempt from meeting or exceeding rules 48,219
promulgated pursuant to this chapter. 48,220
(7) Any preschool program or school child program that is 48,222
subject to licensure by the department of education under 48,223
sections 3301.52 to 3301.59 of the Revised Code. 48,224
(8) Any program providing child day-care that meets all of 48,226
the following requirements and, on October 20, 1987, was being 48,227
operated by a nonpublic school that holds a charter issued by the 48,228
state board of education for kindergarten only: 48,229
(a) The nonpublic school has given the notice to the state 48,231
board and the director of human JOB AND FAMILY services required 48,232
1073
by Section 4 of Substitute House Bill No. 253 of the 117th 48,233
general assembly;
(b) The nonpublic school continues to be chartered by the 48,235
state board for kindergarten, or receives and continues to hold a 48,236
charter from the state board for kindergarten through grade five; 48,237
(c) The program is conducted in a school building; 48,239
(d) The program is operated in accordance with rules 48,241
promulgated by the state board under sections 3301.52 to 3301.57 48,242
of the Revised Code. 48,243
(9) A youth development program operated outside of school 48,246
hours by a community-based center to which all of the following 48,247
apply:
(a) The children enrolled in the program are under 48,249
nineteen years of age and enrolled in or eligible to be enrolled 48,250
in a grade of kindergarten or above. 48,251
(b) The program provides informal child care and at least 48,254
two of the following supervised activities: educational, 48,255
recreational, culturally enriching, social, and personal 48,256
development activities.
(c) The state board of education has approved the 48,258
program's participation in the child and adult care food program 48,259
as an outside-school-hours care center pursuant to standards 48,260
established under section 3313.813 of the Revised Code. 48,263
(d) The community-based center operating the program is 48,266
exempt from federal income taxation pursuant to 26 U.S.C. 501(a) 48,268
and (c)(3).
Sec. 5104.021. The director of human JOB AND FAMILY 48,277
services may not issue a child day-care center or type A family 48,279
day-care home license to a youth development program that is 48,280
exempted by division (B)(9) of section 5104.02 of the Revised 48,283
Code from the requirements of this chapter. 48,284
Sec. 5104.03. (A) Any person, firm, organization, 48,293
institution, or agency desiring to establish a child day-care 48,294
center or type A family day-care home shall apply for a license 48,295
1074
to the director of human JOB AND FAMILY services on such form as 48,296
the director prescribes. The director shall provide at no charge 48,297
to each applicant for licensure a copy of the day-care license 48,298
requirements in Chapter 5104. of the Revised Code and of the 48,299
rules adopted pursuant to Chapter 5104. of the Revised Code. The 48,301
director shall mail application forms for renewal of license at 48,303
least one hundred twenty days prior to the date of expiration of 48,304
the license, and the application for renewal shall be filed with 48,305
the director at least sixty days before the date of expiration. 48,306
Fees shall be set by the director pursuant to section 5104.011 of 48,307
the Revised Code and shall be paid at the time of application for 48,308
or renewal of a license to operate a center or type A home. Fees 48,309
collected under this section shall be paid into the state 48,310
treasury to the credit of the general revenue fund. 48,311
(B) Upon filing of the application for a license, the 48,313
director shall investigate and inspect the center or type A home 48,314
to determine the license capacity for each age category of 48,315
children of the center or type A home and to determine whether 48,316
the center or type A home complies with Chapter 5104. of the 48,317
Revised Code and rules adopted pursuant to Chapter 5104. of the 48,320
Revised Code. When, after investigation and inspection, the
director is satisfied that Chapter 5104. of the Revised Code and 48,321
rules adopted pursuant to Chapter 5104. of the Revised Code are 48,324
complied with, a provisional license shall be issued as soon as 48,325
practicable in such form and manner as prescribed by the
director. The provisional license shall be valid for six months 48,326
from the date of issuance unless revoked. 48,327
(C) The director shall investigate and inspect the center 48,329
or type A home at least once during operation under the 48,330
provisional license. If after the investigation and inspection 48,331
the director determines that the requirements of Chapter 5104. of 48,332
the Revised Code and rules adopted pursuant to Chapter 5104. of 48,335
the Revised Code are met, the director shall issue a license to 48,336
be effective for two years from the date of issuance of the
1075
provisional license. 48,337
(D) Upon the filing of an application for renewal of a 48,339
license by the center or type A home, the director shall 48,340
investigate and inspect the center or type A home. If the 48,341
director determines that the requirements of Chapter 5104. and 48,342
rules adopted pursuant to Chapter 5104. of the Revised Code are 48,345
met, the director shall renew the license to be effective for two 48,346
years from the expiration date of the previous license.
(E) The license or provisional license shall state the 48,348
name of the licensee, the name of the administrator, the address 48,349
of the center or type A home, and the license capacity for each 48,350
age category of children. After July 1, 1987, the provisional 48,351
license or license shall include thereon, in accordance with 48,352
section 5104.011 of the Revised Code, the toll-free telephone 48,353
number to be used by persons suspecting that the center or type A 48,354
home has violated a provision of Chapter 5104., or rules adopted 48,356
pursuant to Chapter 5104. of the Revised Code. A license or
provisional license is valid only for the licensee, 48,357
administrator, address, and license capacity for each age 48,358
category of children designated on the license. The license 48,359
capacity specified on the license or provisional license is the 48,360
maximum number of children in each age category that may be cared 48,361
for in the center or type A home at one time. 48,362
The center or type A home licensee shall notify the 48,365
director when the administrator of the center or home changes. 48,366
The director shall amend the current license or provisional 48,367
license to reflect a change in an administrator, if the 48,368
administrator meets the requirements of Chapter 5104. of the 48,369
Revised Code and rules adopted pursuant to Chapter 5104. of the 48,370
Revised Code, or a change in license capacity for any age 48,371
category of children as determined by the director of human JOB 48,372
AND FAMILY services.
(F) If the director revokes a license or refuses to renew 48,374
a license to a center or a type A home, the director shall not 48,376
1076
issue a license to the owner of the center or type A home within 48,377
two years from the date of the revocation of a license or refusal 48,378
to renew a license. If during the application for licensure or 48,379
renewal of licensure process the director determines that the 48,380
license of the owner has been revoked or renewal of licensure has 48,381
been denied, the investigation of the center or type A home shall 48,382
cease, and shall not constitute denial of the application. All 48,383
actions of the director with respect to licensing centers or type 48,384
A homes, renewing a license, refusal to license or renew a 48,385
license, and revocation of a license shall be in accordance with 48,386
Chapter 119. of the Revised Code. Any applicant who is denied a 48,387
license or any owner whose license is not renewed or is revoked 48,388
may appeal in accordance with section 119.12 of the Revised Code. 48,389
Sec. 5104.04. (A) The department of human JOB AND FAMILY 48,398
services shall establish procedures to be followed in 48,400
investigating, inspecting, and licensing child day-care centers 48,401
and type A family day-care homes. 48,402
(B)(1) The department shall, at least twice during every 48,405
twelve-month period of operation of a center or type A home, 48,406
inspect the center or type A home. The department shall inspect 48,407
a part-time center or part-time type A home at least once during 48,408
every twelve-month period of operation. The department shall 48,409
provide a written inspection report to the licensee within a 48,410
reasonable time after each inspection. The licensee shall 48,411
display all written reports of inspections conducted during the 48,412
current licensing period in a conspicuous place in the center or 48,413
type A home.
At least one inspection shall be unannounced and all 48,415
inspections may be unannounced. No person, firm, organization, 48,416
institution, or agency shall interfere with the inspection of a 48,417
center or type A home by any state or local official engaged in 48,419
performing duties required of the state or local official by 48,420
Chapter 5104. of the Revised Code or rules adopted pursuant to 48,422
Chapter 5104. of the Revised Code, including inspecting the 48,423
1077
center or type A home, reviewing records, or interviewing 48,424
licensees, employees, children, or parents. 48,425
Upon receipt of any complaint that a center or type A home 48,427
is out of compliance with the requirements of Chapter 5104. of 48,428
the Revised Code or rules adopted pursuant to Chapter 5104. of 48,431
the Revised Code, the department shall investigate and may 48,432
inspect a center or type A home.
(2) If the department implements an instrument-based 48,434
program monitoring information system, it may use an indicator 48,435
checklist to comply with division (B)(1) of this section. 48,436
(3) The department shall, at least once during every 48,438
twelve-month period of operation of a center or type A home, 48,439
collect information concerning the amounts charged by the center 48,440
or home for providing child day-care services for use in 48,441
establishing rates of reimbursement pursuant to section 5104.30 48,442
of the Revised Code.
(C) In the event a licensed center or type A home is 48,444
determined to be out of compliance with the requirements of 48,445
Chapter 5104. of the Revised Code or rules adopted pursuant to 48,448
Chapter 5104. of the Revised Code, the department shall notify 48,449
the licensee of the center or type A home in writing regarding 48,450
the nature of the violation, what must be done to correct the 48,451
violation, and by what date the correction must be made. If the 48,452
correction is not made by the date established by the department, 48,454
the department may commence action under Chapter 119. of the 48,455
Revised Code to revoke the license. 48,457
(D) The department may deny or revoke a license, or refuse 48,460
to renew a license of a center or type A home, if the applicant 48,461
knowingly makes a false statement on the application, does not 48,462
comply with the requirements of Chapter 5104. or rules adopted 48,464
pursuant to Chapter 5104. of the Revised Code, or has pleaded 48,466
guilty to or been convicted of an offense described in section 48,467
5104.09 of the Revised Code.
(E) If the department finds, after notice and hearing 48,469
1078
pursuant to Chapter 119. of the Revised Code, that any person, 48,470
firm, organization, institution, or agency licensed under section 48,471
5104.03 of the Revised Code is in violation of any provision of 48,472
Chapter 5104. of the Revised Code or rules adopted pursuant to 48,475
Chapter 5104. of the Revised Code, the department may issue an 48,476
order of revocation to the center or type A home revoking the 48,477
license previously issued by the department. Upon the issuance 48,479
of any order of revocation, the person whose license is revoked 48,480
may appeal in accordance with section 119.12 of the Revised Code. 48,481
(F) The surrender of a center or type A home license to 48,483
the department or the withdrawal of an application for licensure 48,485
by the owner or administrator of the center or type A home shall 48,486
not prohibit the department from instituting any of the actions 48,488
set forth in this section. 48,489
(G) Whenever the department receives a complaint, is 48,491
advised, or otherwise has any reason to believe that a center or 48,492
type A home is providing child day-care without a license issued 48,493
or renewed pursuant to section 5104.03 and is not exempt from 48,494
licensing pursuant to section 5104.02 of the Revised Code, the 48,495
department shall investigate the center or type A home and may 48,496
inspect the areas children have access to or areas necessary for 48,497
the care of children in the center or type A home during 48,498
suspected hours of operation to determine whether the center or 48,499
type A home is subject to the requirements of Chapter 5104. or 48,500
rules adopted pursuant to Chapter 5104. of the Revised Code. 48,501
(H) The department, upon determining that the center or 48,504
type A home is operating without a license, shall notify the 48,505
attorney general, the prosecuting attorney of the county in which 48,506
the center or type A home is located, or the city attorney, 48,507
village solicitor, or other chief legal officer of the municipal 48,508
corporation in which the center or type A home is located, that 48,509
the center or type A home is operating without a license. Upon 48,510
receipt of the notification, the attorney general, prosecuting 48,511
attorney, city attorney, village solicitor, or other chief legal 48,512
1079
officer of a municipal corporation shall file a complaint in the 48,513
court of common pleas of the county in which the center or type A 48,514
home is located requesting that the court grant an order 48,515
enjoining the owner from operating the center or type A home. 48,516
The court shall grant such injunctive relief upon a showing that 48,517
the respondent named in the complaint is operating a center or 48,518
type A home and is doing so without a license. 48,519
(I) The department shall prepare an annual report on 48,521
inspections conducted under this section. The report shall 48,522
include the number of inspections conducted, the number and types 48,523
of violations found, and the steps taken to address the 48,524
violations. The department shall file the report with the 48,525
governor, the president and minority leader of the senate, and 48,526
the speaker and minority leader of the house of representatives
on or before the first day of January of each year, beginning in 48,527
1999.
Sec. 5104.05. (A) The director of human JOB AND FAMILY 48,536
services shall issue a provisional license or license or renew a 48,537
license for the operation of a child day-care center, if the 48,539
director finds, after investigation of the applicant and 48,540
inspection of the center, that other requirements of Chapter 48,541
5104. of the Revised Code, rules promulgated pursuant to Chapter 48,542
5104. of the Revised Code, and the following requirements are 48,543
met:
(1) The buildings in which the center is housed, 48,545
subsequent to any major modification, have been approved by the 48,546
department of commerce or a certified municipal, township, or 48,548
county building department for the purpose of operating a child 48,549
day-care center. Any structure used for the operation of a 48,550
center shall be constructed, equipped, repaired, altered, and 48,551
maintained in accordance with applicable provisions of Chapters 48,552
3781. and 3791. of the Revised Code and with regulations adopted 48,553
by the board of building standards under Chapter 3781. of the 48,554
Revised Code and this division for the safety and sanitation of 48,555
1080
structures erected for this purpose.
(2) The state fire marshal or the fire chief or fire 48,557
prevention officer of the municipal corporation or township in 48,558
which the center is located has inspected the center annually 48,559
within the preceding license period and has found the center to 48,560
be in compliance with rules promulgated by the fire marshal 48,561
pursuant to section 3737.83 of the Revised Code regarding fire 48,562
prevention and fire safety in a child day-care center. 48,563
(3) The center has received a food service operation 48,565
license under Chapter 3717. of the Revised Code if meals are to 48,569
be served to children other than children of the licensee or 48,571
administrator, whether or not a consideration is received for the 48,573
meals.
(B) The director of human JOB AND FAMILY services shall 48,575
issue a provisional license or license or renew a license for the 48,576
operation of a type A family day-care home, if the director 48,577
finds, after investigation of the applicant and inspection of the 48,579
type A home, that other requirements of Chapter 5104. of the 48,580
Revised Code, rules promulgated pursuant to Chapter 5104. of the 48,581
Revised Code, and the following requirements are met: 48,582
(1) The state fire marshal or the fire chief or fire 48,584
prevention officer of the municipal corporation or township in 48,585
which the type A family day-care home is located has inspected 48,586
the type A home annually within the preceding license period and 48,587
has found the type A home to be in compliance with rules 48,588
promulgated by the fire marshal pursuant to section 3737.83 of 48,589
the Revised Code regarding fire prevention and fire safety in a 48,590
type A home. 48,591
(2) The type A home is in compliance with rules set by the 48,593
director of human JOB AND FAMILY services in cooperation with the 48,595
director of health pursuant to section 3701.80 of the Revised 48,596
Code regarding meal preparation and meal service in the home. 48,597
The director of human JOB AND FAMILY services, in accordance with 48,598
procedures recommended by the director of health, shall inspect 48,600
1081
each type A home to determine compliance with those rules. 48,601
(3) The type A home is in compliance with rules 48,603
promulgated by the director of human JOB AND FAMILY services in 48,604
cooperation with the board of building standards regarding safety 48,605
and sanitation pursuant to section 3781.10 of the Revised Code. 48,607
Sec. 5104.052. The director of human JOB AND FAMILY 48,616
services, in cooperation with the fire marshal pursuant to 48,618
section 3737.22 of the Revised Code, shall promulgate rules 48,619
regarding fire prevention and fire safety in certified type B 48,620
family day-care homes. 48,622
Sec. 5104.06. (A) The director of human JOB AND FAMILY 48,631
services shall provide consultation, technical assistance, and 48,633
training to child day-care centers and type A family day-care 48,635
homes to improve programs and facilities providing child day-care 48,636
including, but not limited to, assistance in meeting the 48,637
requirements of Chapter 5104. and rules adopted pursuant to 48,639
Chapter 5104. of the Revised Code and shall furnish information 48,641
regarding child abuse identification and reporting of child 48,643
abuse.
(B) The director of human JOB AND FAMILY services shall 48,645
provide consultation and technical assistance to county 48,647
departments of human JOB AND FAMILY services to assist the 48,648
departments with the implementation of certification of type B 48,649
family day-care home providers and in-home aides.
Sec. 5104.07. (A) The director of human JOB AND FAMILY 48,658
services may prescribe additional requirements for licensing 48,660
child day-care centers or type A family day-care homes that 48,661
provide publicly funded child day-care pursuant to this chapter 48,662
and any rules adopted under it. The director shall develop 48,663
standards as required by federal laws and regulations for 48,664
day-care programs supported by federal funds. 48,665
(B)(1) On or before February 28, 1992, the department of 48,667
human JOB AND FAMILY services shall develop a statewide plan for
child day-care resource and referral services. The plan shall be 48,668
1082
based upon the experiences of other states with respect to child 48,669
day-care resource and referral services, the experiences of 48,670
communities in this state that have child day-care resource and 48,671
referral service organizations, and the needs of communities in 48,672
this state that do not have child day-care resource and referral 48,673
service organizations. The plan shall be designed to ensure that 48,674
child day-care resource and referral services are available in 48,675
each county in the state to families who need child day-care. 48,676
The department shall consider the special needs of migrant 48,677
workers when it develops the plan and shall include in the plan 48,678
procedures designed to accommodate the needs of migrant workers. 48,679
(2) The department DIRECTOR of human JOB AND FAMILY 48,682
services shall adopt rules for funding child day-care resource 48,683
and referral service organizations. The rules shall include all 48,684
of the following:
(a) A description of the services that a child day-care 48,686
resource and referral service organization is required to provide 48,687
to families who need child day-care; 48,688
(b) The qualifications for a child day-care resource and 48,690
referral service organization; 48,691
(c) A description of the procedures for providing federal 48,693
and state funding for county or multicounty child day-care 48,694
resource and referral service organizations; 48,695
(d) A timetable for providing child day-care resource and 48,697
referral services to all communities in the state; 48,698
(e) Uniform information gathering and reporting procedures 48,700
that are designed to be used in compatible computer systems; 48,701
(f) Procedures for establishing statewide nonprofit 48,703
technical assistance services to coordinate uniform data 48,704
collection and to publish reports on child day-care supply, 48,705
demand, and cost and to provide technical assistance to 48,706
communities that do not have child day-care resource and referral 48,707
service organizations and to existing child day-care resource and 48,708
referral service organizations; 48,709
1083
(g) Requirements governing contracts entered into under 48,711
division (C) of this section, which may include limits on the 48,712
percentage of funds distributed by the department that may be 48,713
used for the contracts. 48,714
(C) Child day-care resource and referral service 48,716
organizations receiving funds distributed by the department may, 48,717
in accordance with rules adopted under division (B)(2) of this 48,718
section, enter into contracts with local governmental entities, 48,719
nonprofit organizations including nonprofit organizations that 48,720
provide child day-care, and individuals under which the entities, 48,721
organizations, or individuals may provide child day-care resource 48,722
and referral services in the community with those funds, if the 48,723
contracts are submitted to and approved by the department prior 48,724
to execution. 48,725
Sec. 5104.08. There is hereby created in the department of 48,734
human JOB AND FAMILY services a day-care advisory council to 48,735
advise and assist the department in the administration of this 48,737
chapter and in the development of child day-care. The council 48,738
shall consist of eighteen members appointed by the director of 48,739
human JOB AND FAMILY services with the approval of the governor. 48,740
The director of human JOB AND FAMILY services, the superintendent 48,741
of public instruction, the director of health, the director of 48,742
commerce, and the state fire marshal shall serve as nonvoting 48,745
members of the council.
Six members shall be representatives of child day-care 48,747
centers subject to licensing, the members to represent a variety 48,748
of centers, including nonprofit and proprietary, from different 48,749
geographical areas of the state. At least three members shall be 48,750
parents, guardians, or custodians of children in a head start 48,751
program or receiving child day-care or publicly funded child 48,752
day-care in the child's own home, a center, type A home, 48,753
certified type B home, or type B home at the time of appointment. 48,754
Three members shall be representatives of in-home aides, type A 48,755
homes, certified type B homes, or type B homes or head start 48,756
1084
programs. At least two members shall represent county 48,757
departments of human JOB AND FAMILY services. The remaining 48,758
members shall be representatives of the teaching, child 48,759
development, and health professions, and other individuals 48,761
interested in the welfare of children. At least six members of 48,762
the council shall not be employees or licensees of a child 48,763
day-care center or type A home, or providers operating a 48,764
certified type B home or type B home, or in-home aides. 48,765
Six of the original appointments shall be for one year, six 48,767
for two years, and six for three years, and subsequent 48,768
appointments shall be for three-year terms. Vacancies shall be 48,769
filled for the unexpired terms. 48,770
The council shall advise the director on matters affecting 48,772
the licensing of centers and type A homes and the certification 48,773
of type B homes and in-home aides. The council shall make an 48,774
annual report concerning the licensing, certification, and 48,776
regulation program, the provision of publicly funded child 48,777
day-care by border state child day-care providers, and the 48,778
council's recommendations concerning the regulation program and 48,779
border state child day-care providers. Copies of the report 48,780
shall be provided to the director, governor, speaker and minority 48,781
leader of the house of representatives, and the president and 48,782
minority leader of the senate and, on request, made available to 48,783
the public.
Members of the council shall serve without compensation but 48,785
shall be reimbursed for necessary expenses. 48,786
Sec. 5104.081. The department of human JOB AND FAMILY 48,795
services shall employ at least one senior-level, full-time 48,796
employee who shall manage and oversee all child day-care 48,797
functions under the authority of the department. 48,798
Sec. 5104.09. (A)(1) No individual who has been convicted 48,807
of or pleaded guilty to a violation of section 2903.01, 2903.02, 48,808
2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 48,809
2903.22, 2903.34, 2905.01, 2905.02, 2905.04, 2905.05, 2905.11, 48,810
1085
2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 48,811
2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 48,813
2907.321, 2907.322, 2907.323, 2909.02, 2909.03, 2909.04, 2909.05, 48,814
2911.01, 2911.02, 2911.11, 2911.12, 2917.01, 2917.02, 2917.03, 48,815
2917.31, 2919.12, 2919.24, 2919.25, 2921.03, 2921.34, 2921.35, 48,816
2923.12, 2923.13, 2923.161, 2919.22, 2925.02, 2925.03, 2925.04, 48,817
2925.05, 2925.06, or 3716.11 of the Revised Code, a violation of 48,818
section 2925.11 of the Revised Code that is not a minor drug
possession offense, as defined in section 2925.01 of the Revised 48,819
Code, felonious sexual penetration in violation of former section 48,820
2907.12 of the Revised Code, or a violation of an existing or 48,821
former law or ordinance of any municipal corporation, this state, 48,822
any other state, or the United States that is substantially 48,823
equivalent to any of those violations shall be certified as an 48,824
in-home aide or be employed in any capacity in or own or operate 48,826
a child day-care center, type A family day-care home, type B 48,827
family day-care home, or certified type B family day-care home. 48,828
(2) Each employee of a child day-care center and type A 48,830
home and every person eighteen years of age or older residing in 48,831
a type A home shall sign a statement on forms prescribed by the 48,832
director of human JOB AND FAMILY services attesting to the fact 48,833
that the employee or resident person has not been convicted of or 48,835
pleaded guilty to any offense set forth in division (A)(1) of 48,836
this section and that no child has been removed from the 48,837
employee's or resident person's home pursuant to section 2151.353 48,838
of the Revised Code. Each licensee of a type A home shall sign a 48,839
statement on a form prescribed by the director attesting to the 48,840
fact that no person who resides at the type A home and who is 48,841
under the age of eighteen has been adjudicated a delinquent child 48,842
for committing a violation of any section listed in division 48,843
(A)(1) of this section. The statements shall be kept on file at 48,844
the center or type A home. 48,845
(3) Each in-home aide, each authorized provider, and every 48,847
person eighteen years of age or older residing in a certified 48,848
1086
type B home shall sign a statement on forms prescribed by the 48,849
director of human JOB AND FAMILY services attesting that the 48,850
aide, provider, or resident person has not been convicted of or 48,852
pleaded guilty to any offense set forth in division (A)(1) of 48,853
this section and that no child has been removed from the aide's, 48,854
provider's, or resident person's home pursuant to section 48,855
2151.353 of the Revised Code. Each authorized provider shall 48,856
sign a statement on a form prescribed by the director attesting 48,857
to the fact that no person who resides at the certified type B 48,858
home and who is under the age of eighteen has been adjudicated a 48,859
delinquent child for committing a violation of any section listed 48,860
in division (A)(1) of this section. The statements shall be kept 48,861
on file at the county department of human JOB AND FAMILY 48,862
services.
(4) Each administrator and licensee of a center or type A 48,864
home shall sign a statement on a form prescribed by the director 48,865
of human JOB AND FAMILY services attesting that he THE 48,866
ADMINISTRATOR OR LICENSEE has not been convicted of or pleaded 48,869
guilty to any offense set forth in division (A)(1) of this 48,870
section and that no child has been removed from the
administrator's or licensee's home pursuant to section 2151.353 48,872
of the Revised Code. The statement shall be kept on file at the 48,873
center or type A home.
(B) No in-home aide, no administrator, licensee, 48,875
authorized provider, or employee of a center, type A home, or 48,876
certified type B home, and no person eighteen years of age or 48,877
older residing in a type A home or certified type B home shall 48,879
withhold information from, or falsify information on, any 48,880
statement required pursuant to division (A)(2), (3), or (4) of 48,881
this section. 48,882
(C) No administrator, licensee, or child-care staff member 48,884
shall discriminate in the enrollment of children in a child 48,885
day-care center upon the basis of race, color, religion, sex, or 48,886
national origin. 48,887
1087
Sec. 5104.10. No employer shall discharge, demote, 48,897
suspend, or threaten to discharge, demote, suspend, or in any 48,898
manner discriminate against any employee based solely on the 48,899
employee taking any of the following actions: 48,900
(A) Making any good faith oral or written complaint to the 48,902
director of human JOB AND FAMILY services or other agency 48,903
responsible for enforcing Chapter 5104. of the Revised Code 48,904
regarding a violation of this chapter or the rules adopted 48,905
pursuant to Chapter 5104. of the Revised Code; 48,906
(B) Instituting or causing to be instituted any proceeding 48,908
against the employer under section 5104.04 of the Revised Code; 48,909
(C) Acting as a witness in any proceeding under section 48,911
5104.04 of the Revised Code; 48,912
(D) Refusing to perform work that constitutes a violation 48,914
of Chapter 5104., or the rules adopted pursuant to Chapter 5104. 48,915
of the Revised Code. 48,916
Sec. 5104.11. (A) Except as provided in division (G)(1) 48,926
of section 5104.011 of the Revised Code, after receipt of an
application for certification from a type B family day-care home, 48,927
the county director of human JOB AND FAMILY services shall 48,928
inspect. If it complies with this chapter and any applicable 48,930
rules adopted under this chapter, the county department shall 48,931
certify the type B family day-care home to provide publicly 48,933
funded child day-care pursuant to this chapter and any rules 48,934
adopted under it. The director of human JOB AND FAMILY services 48,935
or a county director of human JOB AND FAMILY services may 48,936
contract with a government entity or a private nonprofit entity 48,938
for that entity to inspect and certify type B family day-care 48,939
homes pursuant to this section. The county department of human 48,940
JOB AND FAMILY services, government entity, or nonprofit entity 48,942
shall conduct the inspection prior to the issuance of a
certificate for the type B home and, as part of that inspection, 48,943
shall ensure that the type B home is safe and sanitary. An 48,944
authorized provider of a type B family day-care home that 48,945
1088
receives a certificate pursuant to this section to provide 48,946
publicly funded child day-care is an independent contractor and 48,947
is not an employee of the county department of human JOB AND 48,948
FAMILY services that issues the certificate. 48,949
(B) Every person desiring to receive certification for a 48,951
type B family day-care home shall apply for certification to the 48,952
county director of human JOB AND FAMILY services on such forms as 48,954
the director of human JOB AND FAMILY services prescribes. The 48,955
county director shall provide at no charge to each applicant a 48,956
copy of rules for certifying type B family day-care homes adopted 48,957
pursuant to this chapter.
(C) If the county director of human JOB AND FAMILY 48,959
services determines that the type B family day-care home complies 48,961
with this chapter and any rules adopted under it, the county 48,962
director shall issue to the provider a certificate to provide 48,964
publicly funded child day-care for twelve months. The county 48,965
director may revoke the certificate after determining that 48,966
revocation is necessary. The authorized provider shall post the 48,968
certificate in a conspicuous place in the certified type B home 48,969
that is accessible to parents, custodians, or guardians at all 48,970
times. The certificate shall state the name and address of the 48,971
authorized provider, the maximum number of children who may be 48,972
cared for at any one time in the certified type B home, the 48,973
expiration date of the certification, and the name and telephone 48,974
number of the county director who issued the certificate. 48,975
(D) The county director shall inspect every certified type 48,977
B family day-care home at least twice within each twelve-month 48,978
period of the operation of the certified type B home. A minimum 48,979
of one inspection shall be unannounced and all inspections may be 48,980
unannounced. Upon receipt of a complaint, the county director 48,981
shall investigate and may inspect the certified type B home. The 48,982
authorized provider shall permit the county director to inspect 48,983
any part of the certified type B home. The county director shall 48,984
prepare a written inspection report and furnish one copy to the 48,985
1089
authorized provider within a reasonable time after the 48,986
inspection. 48,987
(E) The county director of human JOB AND FAMILY services, 48,989
in accordance with rules adopted pursuant to section 5104.052 of 48,991
the Revised Code regarding fire safety and fire prevention, shall 48,992
inspect each type B home that applies to be certified that is 48,993
providing or is to provide publicly funded child day-care. 48,994
(F) All materials that are supplied by the department of 48,996
human JOB AND FAMILY services to type A family day-care home 48,997
providers, type B family day-care home providers, in-home aides, 48,998
persons who desire to be type A family day-care home providers, 48,999
type B family day-care home providers, or in-home aides, and 49,000
caretaker parents shall be written at no higher than the sixth 49,001
grade reading level. The department may employ a readability 49,002
expert to verify its compliance with this division. 49,003
Sec. 5104.12. (A) The county director of human JOB AND 49,012
FAMILY services may certify in-home aides to provide publicly 49,013
funded child day-care pursuant to this chapter and any rules 49,014
adopted under it. Any in-home aide who receives a certificate 49,015
pursuant to this section to provide publicly funded child 49,016
day-care is an independent contractor and is not an employee of 49,017
the county department of human JOB AND FAMILY services that 49,018
issues the certificate.
(B) Every person desiring to receive certification as an 49,020
in-home aide shall apply for certification to the county director 49,021
of human JOB AND FAMILY services on such forms as the director of 49,022
human JOB AND FAMILY services prescribes. The county director 49,023
shall provide at no charge to each applicant a copy of rules for 49,025
certifying in-home aides adopted pursuant to this chapter. 49,026
(C) If the county director of human JOB AND FAMILY 49,028
services determines that public funds are available and that the 49,029
person complies with this chapter and any rules adopted under it, 49,030
he THE COUNTY DIRECTOR shall certify the person as an in-home 49,032
aide and issue the person a certificate to provide publicly 49,033
1090
funded child day-care for twelve months. The county director may 49,034
revoke the certificate when he determines AFTER DETERMINING that 49,036
revocation is necessary. The county director shall furnish a 49,037
copy of the certificate to the parent, custodian, or guardian.
The certificate shall state the name and address of the in-home 49,038
aide, the expiration date of the certification, and the name and 49,039
telephone number of the county director who issued the 49,040
certificate. 49,041
(D) The county director of human JOB AND FAMILY services 49,043
shall inspect every home of a child who is receiving publicly 49,044
funded child day-care in the child's own home while the in-home 49,045
aide is providing the services. Inspections may be unannounced. 49,046
Upon receipt of a complaint, the county director shall 49,047
investigate the in-home aide and shall investigate and may 49,048
inspect the home of a child who is receiving publicly funded 49,049
child day-care in the child's own home. The caretaker parent 49,050
shall permit the county director to inspect any part of the 49,051
child's home. The county director shall prepare a written 49,052
inspection report and furnish one copy each to the in-home aide 49,053
and the caretaker parent within a reasonable time after the 49,054
inspection.
Sec. 5104.13. No later than July 1, 1998, and at 49,063
reasonable intervals thereafter, the department of human JOB AND 49,064
FAMILY services shall publish a guide describing state statutes 49,066
and rules governing the certification of type B family day-care 49,067
homes. The department shall distribute the guide to county 49,068
departments of human JOB AND FAMILY services in sufficient number 49,069
that a copy is available to each type B home provider. 49,070
Sec. 5104.21. (A) The department of human JOB AND FAMILY 49,079
services shall register child day camps and enforce this section 49,081
and section 5104.22 of the Revised Code and the rules adopted 49,082
pursuant to those sections. No person, firm, organization, 49,083
institution, or agency shall operate a child day camp without 49,084
annually registering with the department. 49,085
1091
(B) A person, firm, institution, organization, or agency 49,087
operating any of the following programs is exempt from the 49,088
provisions of this section and section 5104.22 of the Revised 49,089
Code: 49,090
(1) A child day camp that operates for two or less 49,092
consecutive weeks and for no more than a total of two weeks 49,093
during each calendar year; 49,094
(2) Supervised training, instruction, or activities of 49,096
children that is conducted on an organized or periodic basis no 49,097
more than one day a week and for no more than six hours' duration 49,098
and that is conducted in specific areas, including, but not 49,099
limited to, art; drama; dance; music; gymnastics, swimming, or 49,100
another athletic skill or sport; computers; or an educational 49,101
subject; 49,102
(3) Programs in which the department determines that at 49,104
least one parent, custodian, or guardian of each child attending 49,105
or participating in the child day camp is on the child day camp 49,106
activity site and is readily accessible at all times, except that 49,107
a child day camp on the premises of a parent's, custodian's, or 49,108
guardian's place of employment shall be registered in accordance 49,109
with division (A) of this section; 49,110
(4) Child day camps funded and regulated or operated and 49,112
regulated by any state department, other than the department of 49,113
human JOB AND FAMILY services, when the department of human JOB
AND FAMILY services has determined that the rules governing the 49,114
child day camp are equivalent to or exceed the rules adopted 49,115
pursuant to this section and section 5104.22 of the Revised Code. 49,116
(C) A person, firm, organization, institution, or agency 49,118
operating a child day camp that is exempt under division (B) of 49,119
this section from registering under division (A) of this section 49,120
may elect to register itself under division (A) of this section. 49,121
All requirements of this section and the rules adopted pursuant 49,122
to this section shall apply to any exempt child day camp that so 49,123
elects to register. 49,124
1092
(D) The department DIRECTOR OF JOB AND FAMILY SERVICES 49,127
shall adopt pursuant to Chapter 119. of the Revised Code rules 49,128
prescribing the registration form and establishing the procedure 49,129
for the child day camps to register. The form shall not be longer 49,130
than one typewritten page and shall state both of the following: 49,131
(1) That the child day camp administrator or his THE 49,133
ADMINISTRATOR'S representative agrees to provide the parents of 49,135
each school child who attends or participates in that child day 49,136
camp with the telephone number of the county department of health 49,137
and the public children services agency of the county in which 49,138
the child day camp is located; 49,139
(2) That the child day camp administrator or his THE 49,141
ADMINISTRATOR'S representative agrees to permit a public children 49,143
services agency or the county department of health to review or 49,144
inspect the child day camp if a complaint is made to that 49,145
department or any other state department or public children 49,146
services agency against that child day camp. 49,147
(E) The department may charge a fee to register a child 49,149
day camp. The fee for each child day camp shall be twenty-five 49,150
dollars. No organization that operates, or owner of, child day 49,151
camps shall pay a fee that exceeds two hundred fifty dollars for 49,152
all of its child day camps. 49,153
(F) If a child day camp that is required to register under 49,155
this section fails to register with the department in accordance 49,156
with this section or the rules adopted pursuant to it or if a 49,157
child day camp that files a registration form under this section 49,158
knowingly provides false or misleading information on the 49,159
registration form, the department shall require the child day 49,160
camp to register or register correctly and to pay a registration 49,161
fee that equals three times the registration fee as set forth in 49,162
division (E) of this section. 49,163
(G) A child day camp administrator or his THE 49,165
ADMINISTRATOR'S representative shall provide the parents of each 49,167
school child who attends or participates in that child day camp 49,168
1093
with the telephone numbers of the county department of health and 49,169
the county public children services agency of the county in which 49,170
the child day camp is located and a statement that the parents 49,171
may use these telephone numbers to contact or otherwise contact 49,172
the departments or agency to make a complaint regarding the child 49,173
day camp.
Sec. 5104.22. (A) The department DIRECTOR of human JOB 49,183
AND FAMILY services, no later than September 1, 1993, and 49,184
pursuant to Chapter 119. of the Revised Code, shall adopt rules 49,185
establishing a procedure and standards for the approval of child 49,186
day camps that will enable an approved child day camp to receive 49,187
public moneys pursuant to sections 5104.30 to 5104.39 of the 49,188
Revised Code. The procedure and standards shall be similar and 49,189
comparable to the procedure and standards for accrediting child 49,190
day camps used by the American camping association. The 49,191
department OF JOB AND FAMILY SERVICES may charge a reasonable fee 49,193
to inspect a child day camp to determine whether that child day 49,194
camp meets the standards set forth in this section or in the 49,195
rules adopted under this section. The department shall approve 49,196
any child day camp that the department inspects and approves, 49,197
that the American camping association inspects and accredits, or 49,198
that is inspected and accredited by any nationally recognized 49,199
organization that accredits child day camps by using standards 49,200
that the department of human services has determined are 49,201
substantially similar and comparable to those of the American
camping association. The department shall approve a child day 49,202
camp for no longer than two years and shall inspect an approved 49,203
child day camp no less than biennially. 49,204
(B) An approved child day camp shall comply with this 49,206
section and section 5104.21 of the Revised Code and the rules 49,207
adopted pursuant to those sections. If an approved child day 49,208
camp is not in substantial compliance with those sections or 49,209
rules at any time, the department shall terminate the child day 49,210
camp's approval until the child day camp complies with those 49,211
1094
sections and rules or for a period of two years, whichever period 49,212
is longer. 49,213
Sec. 5104.30. (A) The department of human JOB AND FAMILY 49,222
services is hereby designated as the state agency responsible for 49,223
administration and coordination of federal and state funding for 49,224
publicly funded child day-care in this state. Publicly funded 49,225
child day-care shall be provided to the following: 49,226
(1) Recipients of transitional child day-care as provided 49,228
under section 5104.34 of the Revised Code; 49,229
(2) Participants in the Ohio works first program 49,232
established under Chapter 5107. of the Revised Code;
(3) Individuals who would be participating in the Ohio 49,234
works first program if not for a sanction under section 5107.16 49,235
of the Revised Code and who continue to participate in a work 49,236
activity, developmental activity, or alternative work activity 49,237
pursuant to an assignment under section 5107.42 of the Revised 49,238
Code;
(4) A family receiving publicly funded child day-care on 49,240
October 1, 1997, until the family's income reaches one hundred 49,242
fifty per cent of the federal poverty line;
(5) Subject to available funds, other individuals 49,244
determined eligible in accordance with rules adopted under 49,246
section 5104.38 of the Revised Code.
The department shall apply to the United States department 49,249
of health and human services for authority to operate a 49,250
coordinated program for publicly funded child day-care, if the 49,251
director of human JOB AND FAMILY services determines that the 49,252
application is necessary. For purposes of this section, the 49,254
department of human JOB AND FAMILY services may enter into 49,255
agreements with other state agencies that are involved in
regulation or funding of child day-care. The department shall 49,256
consider the special needs of migrant workers when it administers 49,257
and coordinates publicly funded child day-care and shall develop 49,258
appropriate procedures for accommodating the needs of migrant 49,259
1095
workers for publicly funded child day-care. 49,260
(B) The department of human JOB AND FAMILY services shall 49,262
distribute state and federal funds for publicly funded child 49,263
day-care, including appropriations of state funds for publicly 49,264
funded child day-care and appropriations of federal funds for 49,265
publicly funded child day-care under Title XX of the "Social 49,266
Security Act," 88 Stat. 2337 (1974), 42 U.S.C.A. 1397, as 49,267
amended, and the child care block grant act. The department may 49,269
use any state funds appropriated for publicly funded child 49,270
day-care as the state share required to match any federal funds 49,271
appropriated for publicly funded child day-care.
(C) The department may use federal funds available under 49,273
the child care block grant act to hire staff to prepare any rules 49,274
required under this chapter and to administer and coordinate 49,275
federal and state funding for publicly funded child day-care. 49,276
Not more than five per cent of the aggregate amount of 49,279
those federal funds received for a fiscal year may be expended 49,280
for administrative costs. The department shall allocate and use
at least four per cent of the federal funds for the following: 49,281
(1) Activities designed to provide comprehensive consumer 49,283
education to parents and the public; 49,284
(2) Activities that increase parental choice; 49,286
(3) Activities, including child day-care resource and 49,288
referral services, designed to improve the quality, and increase 49,289
the supply, of child day-care.
(D) The department shall ensure that any federal funds 49,291
received by the state under the child care block grant act will 49,292
be used only to supplement, and will not be used to supplant, 49,293
federal, state, and local funds available on the effective date 49,294
of that act for publicly funded child day-care and related 49,295
programs. A county department of human JOB AND FAMILY services 49,296
may purchase child day-care from funds obtained through any other 49,297
means.
(E) The department shall encourage the development of 49,299
1096
suitable child day-care throughout the state, especially in areas 49,300
with high concentrations of recipients of public assistance and 49,301
families with low incomes. The department shall encourage the 49,303
development of suitable child day-care designed to accommodate 49,304
the special needs of migrant workers. On request, the 49,305
department, through its employees or contracts with state or
community child day-care resource and referral service 49,306
organizations, shall provide consultation to groups and 49,307
individuals interested in developing child day-care. The 49,308
department of human JOB AND FAMILY services may enter into 49,309
interagency agreements with the department of education, the 49,311
board of regents, the department of development, and other state 49,312
agencies and entities whenever the cooperative efforts of the 49,313
other state agencies and entities are necessary for the 49,314
department of human JOB AND FAMILY services to fulfill its duties 49,315
and responsibilities under this chapter. 49,317
The department may develop and maintain a registry of 49,319
persons providing child day-care and. THE DIRECTOR may adopt 49,320
rules pursuant to Chapter 119. of the Revised Code establishing 49,322
procedures and requirements for its THE REGISTRY'S 49,323
administration.
(F) The department DIRECTOR shall adopt rules in 49,325
accordance with Chapter 119. of the Revised Code establishing a 49,326
procedure for determining rates of reimbursement and a procedure 49,327
for paying providers of publicly funded child day-care. In 49,328
establishing rates of reimbursement pursuant to this division, 49,329
the department DIRECTOR shall use the information obtained under 49,331
division (B)(3) of section 5104.04 of the Revised Code and may
establish different rates of reimbursement based on the 49,332
geographic location of the provider, type of care provided, age 49,333
of the child served, special needs of the child, whether expanded 49,334
hours of service are provided, whether weekend service is 49,335
provided, whether the provider has exceeded the minimum 49,336
requirements of state statutes and rules governing child
1097
day-care, and any other factors the department DIRECTOR considers 49,337
appropriate. The department DIRECTOR shall establish an enhanced 49,339
rate of reimbursement for providers who provide child day-care 49,340
for caretaker parents who work nontraditional hours. For a type 49,341
B family day-care home that has received limited certification 49,342
pursuant to rules adopted under division (G)(1) of section 49,343
5104.011 of the Revised Code, the department shall adopt rules 49,344
establishing a reimbursement rate that is the greater of the rate 49,345
that was in effect for the home on October 1, 1997, or 49,346
seventy-five per cent of the reimbursement rate that applies to a 49,347
type B family day-care home certified by the same county 49,348
department of human JOB AND FAMILY services pursuant to section 49,349
5104.11 of the Revised Code. 49,350
Sec. 5104.301. A county department of human JOB AND FAMILY 49,359
services may establish a program to encourage the organization of 49,360
parent cooperative child day-care centers and parent cooperative 49,361
type A family day-care homes for recipients of publicly funded 49,363
child day-care. A program established under this section may 49,364
include any of the following: 49,365
(A) Recruitment of parents interested in organizing a 49,368
parent cooperative child day-care center or parent cooperative 49,369
type A family day-care home; 49,370
(B) Provision of technical assistance in organizing a 49,373
parent cooperative child day-care center or parent cooperative 49,374
type A family day-care home; 49,375
(C) Assistance in the developing, conducting, and 49,378
disseminating training for parents interested in organizing a 49,379
parent cooperative child day-care center or parent cooperative 49,380
type A family day-care home. 49,381
A county department that implements a program under this 49,383
section shall receive from funds available under the child care 49,384
block grant act a five thousand dollar incentive payment for each 49,386
parent cooperative child day-care center or parent cooperative 49,387
type A family day-care home organized pursuant to this section. 49,389
1098
Parents of children enrolled in a parent cooperative child 49,391
day-care center or parent cooperative type A family day-care home 49,393
pursuant to this section shall be required to work in the center 49,394
or home a minimum of four hours per week. 49,395
The department DIRECTOR of human JOB AND FAMILY services 49,398
shall adopt rules governing the establishment and operation of 49,399
programs under this section. 49,400
Sec. 5104.31. Publicly funded child day-care may be 49,409
provided only by the following: 49,410
(A) A child day-care center or type A family day-care 49,413
home, including a parent cooperative child day-care center or 49,414
parent cooperative type A family day-care home, licensed by the 49,415
department of human JOB AND FAMILY services pursuant to section 49,417
5104.03 of the Revised Code; 49,418
(B) A type B family day-care home certified by the county 49,420
department of human JOB AND FAMILY services pursuant to section 49,422
5104.11 of the Revised Code;
(C) A type B family day-care home that has received a 49,425
limited certification pursuant to rules adopted under division 49,426
(G)(1) of section 5104.011 of the Revised Code;
(D) An in-home aide who has been certified by the county 49,428
department of human JOB AND FAMILY services pursuant to section 49,429
5104.12 of the Revised Code; 49,430
(E) A child day camp approved pursuant to section 5104.22 49,433
of the Revised Code; 49,434
(F) A licensed preschool program; 49,436
(G) A licensed school child program; 49,439
(H) A border state child day-care provider, except that a 49,441
border state child day-care provider may provide publicly funded 49,442
child day-care only to an individual who resides in an Ohio 49,443
county that borders the state in which the provider is located. 49,444
Sec. 5104.32. (A) Except as provided in division (C) of 49,454
this section, all purchases of publicly funded child day-care 49,455
shall be made under a contract entered into by a licensed child 49,456
1099
day-care center, licensed type A family day-care home, certified 49,457
type B family day-care home, certified in-home aide, approved 49,458
child day camp, licensed preschool program, licensed school child 49,459
program, or border state child day-care provider and the county 49,460
department of human JOB AND FAMILY services. A county department 49,461
of human JOB AND FAMILY services may enter into a contract with a 49,463
provider for publicly funded child day-care for a specified 49,464
period of time or upon a continuous basis for an unspecified 49,465
period of time. All contracts for publicly funded child day-care 49,466
shall be contingent upon the availability of state and federal 49,467
funds. The department of human JOB AND FAMILY services shall 49,468
prescribe a standard form to be used for all contracts for the
purchase of publicly funded child day-care, regardless of the 49,469
source of public funds used to purchase the child day-care. To 49,470
the extent permitted by federal law and notwithstanding any other 49,471
provision of the Revised Code that regulates state or county 49,472
contracts or contracts involving the expenditure of state, 49,473
county, or federal funds, all contracts for publicly funded child 49,474
day-care shall be entered into in accordance with the provisions 49,475
of this chapter and are exempt from any other provision of the 49,476
Revised Code that regulates state or county contracts or 49,477
contracts involving the expenditure of state, county, or federal 49,478
funds. 49,479
(B) Each contract for publicly funded child day-care shall 49,481
specify at least the following: 49,482
(1) Except as provided in division (B)(2) of this section, 49,485
that the provider of publicly funded child day-care agrees to be 49,486
paid for rendering services at the lower of the rate customarily 49,487
charged by the provider for children enrolled for child day-care 49,488
or the rate of reimbursement established pursuant to section 49,489
5104.30 of the Revised Code;
(2) If the provider provides publicly funded child 49,491
day-care to caretaker parents who work nontraditional hours, that 49,492
the provider is to be paid for rendering services to those 49,493
1100
caretaker parents at the rate of reimbursement established 49,494
pursuant to section 5104.30 of the Revised Code regardless of 49,496
whether that rate is higher than the rate the provider 49,497
customarily charges for children enrolled for child day-care; 49,498
(3) That, if a provider provides child day-care to an 49,500
individual potentially eligible for publicly funded child 49,501
day-care who is subsequently determined to be eligible, the 49,502
county department agrees to pay for all child day-care provided 49,503
between the date the county department receives the individual's 49,504
completed application and the date the individual's eligibility 49,505
is determined; 49,506
(4) Whether the county department of human JOB AND FAMILY 49,508
services, the provider, or a child day-care resource and referral 49,509
service organization will make eligibility determinations, 49,510
whether the provider or a child day-care resource and referral 49,511
service organization will be required to collect information to 49,512
be used by the county department to make eligibility 49,513
determinations, and the time period within which the provider or 49,514
child day-care resource and referral service organization is 49,515
required to complete required eligibility determinations or to 49,516
transmit to the county department any information collected for 49,517
the purpose of making eligibility determinations; 49,518
(5) That the provider, other than a border state child 49,520
day-care provider, shall continue to be licensed, approved, or 49,522
certified pursuant to this chapter or sections 3301.52 to 3301.59 49,523
of the Revised Code and shall comply with all standards and other 49,524
requirements in this chapter and those sections and in rules 49,525
adopted pursuant to this chapter or those sections for 49,526
maintaining the provider's license, approval, or certification; 49,527
(6) That, in the case of a border state child day-care 49,529
provider, the provider shall continue to be licensed, certified, 49,530
or otherwise approved by the state in which the provider is 49,532
located and shall comply with all standards and other 49,533
requirements established by that state for maintaining the
1101
provider's license, certificate, or other approval; 49,534
(7) Whether the provider will be paid by the county 49,536
department of human JOB AND FAMILY services or the state 49,537
department of human JOB AND FAMILY services; 49,538
(8) That the contract is subject to the availability of 49,540
state and federal funds; 49,541
(8)(9) That, for each six-month period the provider 49,543
provides publicly funded child day-care to a child, the provider 49,545
will be paid for up to ten days, or, at the option of the county 49,546
department, a greater number of days, the provider would have 49,547
provided the child publicly funded child day-care had the child
been present. 49,548
(C) Unless specifically prohibited by federal law, the 49,550
county department of human JOB AND FAMILY services shall give 49,551
individuals eligible for publicly funded child day-care the 49,553
option of obtaining certificates for payment that the individual 49,554
may use to purchase services from any provider qualified to 49,555
provide publicly funded child day-care under section 5104.31 of 49,556
the Revised Code. Providers of publicly funded child day-care 49,558
may present these certificates for payment for reimbursement in 49,559
accordance with rules that the department DIRECTOR of human JOB 49,560
AND FAMILY services shall adopt. Only providers may receive 49,562
reimbursement for certificates for payment. The value of the 49,564
certificate for payment shall be based on the lower of the rate 49,565
customarily charged by the provider or the rate of reimbursement 49,566
established pursuant to section 5104.30 of the Revised Code, 49,567
unless the provider provides publicly funded child day-care to 49,568
caretaker parents who work nontraditional hours, in which case 49,569
the value of the certificate for payment for the services to 49,570
those caretaker parents shall be based on the rate of 49,571
reimbursement established pursuant to that section regardless of 49,572
whether that rate is higher than the rate customarily charged by 49,573
the provider. The county department may provide the certificates 49,575
for payment to the individuals or may contract with child 49,576
1102
day-care providers or child day-care resource and referral
service organizations that make determinations of eligibility for 49,577
publicly funded child day-care pursuant to contracts entered into 49,578
under section 5104.34 of the Revised Code for the providers or 49,579
resource and referral service organizations to provide the 49,580
certificates for payment to individuals whom they determine are 49,581
eligible for publicly funded child day-care. 49,582
For each six-month period a provider of publicly funded 49,584
child day-care provides publicly funded child day-care to the 49,585
child of an individual given certificates of payment, the 49,586
individual shall provide the provider certificates for days the 49,587
provider would have provided publicly funded child day-care to 49,588
the child had the child been present. County departments shall 49,589
specify the maximum number of days providers will be provided 49,590
certificates of payment for days the provider would have provided 49,591
publicly funded child day-care had the child been present. The
maximum number of days shall be at least ten. 49,592
Sec. 5104.33. (A) The department of human JOB AND FAMILY 49,601
services shall prescribe an application form for use in making 49,603
eligibility determinations for publicly funded child day-care. 49,604
The form shall be as brief and simple as practicable. 49,605
(B) In administering the process of applying for publicly 49,607
funded child day-care, the county department of human JOB AND 49,608
FAMILY services shall implement policies designed to ensure that 49,609
the application process is as accessible to the public as 49,611
possible. These policies shall include making the application 49,612
forms available at appropriate locations selected by the county 49,613
department and making arrangements that enable applicants to 49,614
complete the application process at times outside their normal 49,615
working hours, and at locations, convenient for them. The 49,616
arrangements may include stationing certain of their employees at 49,617
various sites in the county for the purpose of assisting 49,618
applicants in completing the application process and of making 49,619
eligibility determinations at those locations. The arrangements 49,620
1103
may also include providing training and technical assistance to 49,621
appropriate entities that qualify them to provide assistance in 49,622
completing the application process and, to the extent permitted 49,623
by federal law, to make eligibility determinations. 49,624
Each county department of human JOB AND FAMILY services 49,626
shall submit to the state department of human JOB AND FAMILY 49,627
services for approval its plan for ensuring that the application 49,629
process is as accessible to the public as possible and complies 49,630
with this division. The county department shall make any changes 49,631
to its plan that the state department determines are necessary 49,632
for compliance with this division and with any state standards 49,633
adopted for the administration of this division. 49,634
Sec. 5104.34. (A)(1) Each county department of human JOB 49,643
AND FAMILY services shall implement procedures for making 49,644
determinations of eligibility for publicly funded child day-care. 49,645
Under those procedures, the eligibility determination for each 49,646
applicant shall be made no later than thirty calendar days from 49,647
the date the county department receives a completed application 49,648
for publicly funded child day-care. Each applicant shall be 49,649
notified promptly of the results of the eligibility 49,650
determination. An applicant aggrieved by a decision or delay in 49,651
making an eligibility determination may appeal the decision or 49,652
delay to the department of human JOB AND FAMILY services in 49,653
accordance with section 5101.35 of the Revised Code. The due 49,654
process rights of applicants shall be protected. 49,656
To the extent permitted by federal law, the county 49,658
department may make all determinations of eligibility for 49,659
publicly funded child day-care, may contract with child day-care 49,660
providers or child day-care resource and referral service 49,661
organizations for the providers or resource and referral service 49,662
organizations to make all or any part of the determinations, and 49,663
may contract with child day-care providers or child day-care 49,664
resource and referral service organizations for the providers or 49,665
resource and referral service organizations to collect specified 49,666
1104
information for use by the county department in making 49,667
determinations. If a county department contracts with a child 49,668
day-care provider or a child day-care resource and referral 49,669
service organization for eligibility determinations or for the 49,670
collection of information, the contract shall require the 49,671
provider or resource and referral service organization to make 49,672
each eligibility determination no later than thirty calendar days 49,673
from the date the provider or resource and referral organization 49,674
receives a completed application that is the basis of the 49,675
determination and to collect and transmit all necessary 49,676
information to the county department within a period of time that 49,677
enables the county department to make each eligibility 49,678
determination no later than thirty days after the filing of the 49,679
application that is the basis of the determination. 49,680
The county department may station employees of the 49,682
department in various locations throughout the county to collect 49,683
information relevant to applications for publicly funded child 49,684
day-care and to make eligibility determinations. The county 49,685
department, child day-care provider, and child day-care resource 49,686
and referral service organization shall make each determination 49,687
of eligibility for publicly funded child day-care no later than 49,688
thirty days after the filing of the application that is the basis 49,689
of the determination, shall make each determination in accordance 49,690
with any relevant rules adopted pursuant to section 5104.38 of 49,691
the Revised Code, and shall notify promptly each applicant for 49,692
publicly funded child day-care of the results of the 49,693
determination of the applicant's eligibility. 49,694
On or before October 1, 1991, the department THE DIRECTOR 49,696
of human JOB AND FAMILY services shall adopt rules in accordance 49,697
with Chapter 119. of the Revised Code for monitoring the 49,699
eligibility determination process. In accordance with those 49,700
rules, the state department shall monitor eligibility 49,701
determinations made by county departments of human JOB AND FAMILY 49,702
services and shall direct any entity that is not in compliance 49,704
1105
with this division or any rule adopted under this division to 49,705
implement corrective action specified by the department. 49,706
(2) All eligibility determinations for publicly funded 49,709
child day-care shall be made in accordance with rules adopted by 49,710
the department of human services pursuant to division (A) of 49,711
section 5104.38 of the Revised Code and, if a county department 49,713
of human JOB AND FAMILY services specifies, pursuant to rules 49,714
adopted under division (B) of that section, a maximum amount of 49,716
income a family may have to be eligible for publicly funded child 49,717
day-care, the income maximum specified by the county department. 49,718
Publicly funded child day-care may be provided only to eligible 49,719
infants, toddlers, preschool children, and school children under 49,720
age thirteen. For an applicant to be eligible for publicly 49,721
funded child day-care, the caretaker parent must be employed or 49,722
participating in a program of education or training for an amount 49,723
of time reasonably related to the time that the parent's children 49,724
are receiving publicly funded child day-care. This restriction 49,725
does not apply to families whose children are eligible for
protective or special needs day-care. 49,726
Subject to available funds, a county department of human 49,728
JOB AND FAMILY services shall allow a family to receive publicly 49,730
funded child day-care unless the family's income exceeds the 49,732
maximum income eligibility limit. Initial and continued 49,734
eligibility for publicly funded child day-care is subject to 49,735
available funds unless the family is receiving child day-care 49,736
pursuant to division (A)(1), (2), (3), or (4) of section 5104.30 49,737
of the Revised Code. If the COUNTY department must limit 49,739
eligibility due to lack of available funds, it shall give first 49,740
priority for publicly funded child day-care to an assistance 49,741
group whose income is not more than the maximum income 49,742
eligibility limit that received transitional child day-care in 49,744
the previous month but is no longer eligible because the
twelve-month period has expired. Such an assistance group shall 49,745
continue to receive priority for publicly funded child day-care 49,746
1106
until its income exceeds the maximum income eligibility limit. 49,748
(3) An assistance group that ceases to participate in the 49,750
Ohio works first program established under Chapter 5107. of the 49,752
Revised Code is eligible for transitional child day-care at any 49,754
time during the immediately following twelve-month period that 49,755
both of the following apply:
(a) The assistance group requires child day-care due to 49,757
employment; 49,758
(b) The assistance group's income is not more than one 49,760
hundred fifty per cent of the federal poverty line. 49,761
An assistance group ineligible to participate in the Ohio 49,763
works first program pursuant to section 5101.83 or section 49,764
5107.16 of the Revised Code is not eligible for transitional 49,767
child day-care. 49,768
(B) To the extent permitted by federal law, a county 49,770
department of human JOB AND FAMILY services may require a 49,771
caretaker parent determined to be eligible for publicly funded 49,773
child day-care to pay a fee according to the schedule of fees 49,774
established in rules adopted under section 5104.38 of the Revised 49,775
Code. Each county department shall make protective day-care 49,776
services available to children without regard to the income or 49,777
assets of the caretaker parent of the child. 49,778
(C) A caretaker parent receiving publicly funded child 49,780
day-care shall report to the entity that determined eligibility 49,782
any changes in status with respect to employment or participation 49,783
in a program of education or training.
(D) If a county department of human JOB AND FAMILY 49,785
services determines that available resources are not sufficient 49,786
to provide publicly funded child day-care to all eligible 49,787
families who request it, the county department may establish a 49,789
waiting list. A county department may establish separate waiting
lists within the waiting list based on income. When resources 49,790
become available to provide publicly funded child day-care to 49,792
families on the waiting list, a county department that 49,793
1107
establishes a waiting list shall assess the needs of the next 49,794
family scheduled to receive publicly funded child day-care. If 49,795
the assessment demonstrates that the family continues to need and 49,796
is eligible for publicly funded child day-care, the county 49,797
department shall offer it to the family. If the county
department determines that the family is no longer eligible or no 49,798
longer needs publicly funded child day-care, the county 49,799
department shall remove the family from the waiting list. 49,800
(E) As used in this section, "maximum income eligibility 49,803
limit" means the amount of income specified in rules adopted 49,804
under division (A) of section 5104.38 of the Revised Code or, if 49,805
a county department of human JOB AND FAMILY services specifies a 49,806
higher amount pursuant to rules adopted under division (B) of 49,807
that section, the amount the county department specifies. 49,808
Sec. 5104.341. (A) Except as provided in division (B) of 49,818
this section, both of the following apply:
(1) An eligibility determination made under section 49,820
5104.34 of the Revised Code for publicly funded child day-care is 49,821
valid for one year; 49,822
(2) A fee charged under division (B) of section 5104.34 of 49,824
the Revised Code shall not be changed during the one-year period, 49,826
unless a caretaker parent requests that the fee be reduced due to 49,827
changes in income, family size, or both and the county department 49,828
of human JOB AND FAMILY services approves the reduction. 49,829
(B) Division (A) of this section does not apply in either 49,832
of the following circumstances: 49,833
(1) The publicly funded child day-care is provided under 49,835
division (B)(4) of section 5104.35 of the Revised Code; 49,836
(2) The recipient of the publicly funded child day-care 49,838
ceases to be eligible for publicly funded child day-care. 49,839
Sec. 5104.35. (A) The county department of human JOB AND 49,848
FAMILY services shall do all of the following: 49,849
(1) Accept any gift, grant, or other funds from either 49,851
public or private sources offered unconditionally or under 49,852
1108
conditions which are, in the judgment of the department, proper 49,853
and consistent with this chapter and deposit the funds in the 49,854
county public assistance fund established by section 5101.161 of 49,855
the Revised Code; 49,856
(2) Recruit individuals and groups interested in 49,858
certification as in-home aides or in developing and operating 49,859
suitable licensed child day-care centers, type A family day-care 49,860
homes, or certified type B family day-care homes, especially in 49,861
areas with high concentrations of recipients of public 49,862
assistance, and for that purpose provide consultation to 49,863
interested individuals and groups on request; 49,864
(3) Inform clients of the availability of child day-care 49,866
services; 49,867
(4) Pay to a child day-care center, type A family day-care 49,869
home, certified type B family day-care home, in-home aide, 49,870
approved child day camp, licensed preschool program, licensed 49,871
school child program, or border state child day-care provider for 49,873
child day-care services, the amount provided for in division (B) 49,874
of section 5104.32 of the Revised Code. If part of the cost of 49,875
care of a child is paid by the child's parent or any other 49,876
person, the amount paid shall be subtracted from the amount the 49,877
county department pays. 49,879
(5) In accordance with rules adopted pursuant to section 49,881
5104.39 of the Revised Code, provide monthly reports to the 49,882
director of human JOB AND FAMILY services and the director of 49,883
budget and management regarding expenditures for the purchase of 49,885
publicly funded child day-care. 49,886
(B) The county department of human JOB AND FAMILY services 49,888
may do any of the following: 49,889
(1) To the extent permitted by federal law, use public 49,891
child day-care funds to extend the hours of operation of the 49,892
county department to accommodate the needs of working caretaker 49,893
parents and enable those parents to apply for publicly funded 49,894
child day-care; 49,895
1109
(2) In accordance with rules adopted by the state 49,897
department DIRECTOR of human JOB AND FAMILY services, request a 49,899
waiver of the maximum rate of assistance that is established by 49,900
the state department of human services pursuant to section 49,901
5104.30 of the Revised Code for the purpose of paying a higher 49,902
rate for publicly funded child day-care based upon the special 49,903
needs of a child, the special circumstances of a family, or 49,904
unique child day-care market conditions; 49,905
(3) To the extent permitted by federal law, use state and 49,907
federal funds to pay deposits and other advance payments that a 49,908
provider of child day-care customarily charges all children who 49,909
receive child day-care from that provider; 49,910
(4) To the extent permitted by federal law, pay for up to 49,912
thirty days of child day-care for a child whose caretaker parent 49,913
is seeking employment, taking part in employment orientation 49,914
activities, or taking part in activities in anticipation of 49,915
enrollment or attendance in an education or training program or 49,916
activity, if the employment or education or training program or 49,917
activity is expected to begin within the thirty-day period. 49,918
Sec. 5104.36. The licensee or administrator of a child 49,927
day-care center or type A family day-care home, the authorized 49,928
provider of a certified type B family day-care home, an in-home 49,930
aide providing child day-care services, the director or 49,931
administrator of an approved child day camp, and a border state 49,932
child day-care provider shall keep a record for each eligible 49,934
child, to be made available to the county department of human JOB 49,935
AND FAMILY services or the department of human JOB AND FAMILY 49,936
services on request. The record shall include all of the 49,937
following:
(A) The name and date of birth of the child; 49,939
(B) The name and address of the child's caretaker parent; 49,941
(C) The name and address of the caretaker parent's place 49,943
of employment or program of education or training; 49,944
(D) The hours for which child day-care services have been 49,946
1110
provided for the child; 49,947
(E) Any other information required by the county 49,949
department of human JOB AND FAMILY services or the state 49,950
department of human JOB AND FAMILY services. 49,952
Sec. 5104.37. The department of human JOB AND FAMILY 49,961
services and a county department of human JOB AND FAMILY services 49,962
may withhold any money due, and recover through any appropriate 49,964
method any money erroneously paid, under this chapter if evidence 49,965
exists of less than full compliance with this chapter and any 49,966
rules adopted under it. 49,967
Sec. 5104.38. In addition to any other rules adopted under 49,976
this chapter, the department DIRECTOR of human JOB AND FAMILY 49,978
services shall adopt rules in accordance with Chapter 119. of the 49,979
Revised Code governing financial and administrative requirements 49,980
for publicly funded child day-care and establishing all of the 49,981
following:
(A) Procedures and criteria to be used in making 49,983
determinations of eligibility for publicly funded child day-care 49,984
that give priority to children of families with lower incomes and 49,986
procedures and criteria for eligibility for publicly funded 49,987
protective day-care. The rules shall specify the maximum amount 49,988
of income a family may have for initial and continued 49,989
eligibility. Until July 1, 2000, the maximum amount shall not 49,991
exceed one hundred eighty-five per cent of the federal poverty 49,992
line. Effective July 1, 2000, the maximum amount shall not 49,993
exceed two hundred per cent of the federal poverty line.
(B) Procedures under which a county department of human 49,995
JOB AND FAMILY services may, if the department, under division 49,998
(A) of this section, specifies a maximum amount of income a 49,999
family may have for eligibility for publicly funded child
day-care that is less than the maximum amount specified in that 50,000
division, specify a maximum amount of income a family residing in 50,002
the county the county department serves may have for initial and 50,003
continued eligibility for publicly funded child day-care that is 50,004
1111
higher than the amount specified by the department but does not 50,005
exceed the maximum amount specified in division (A) of this 50,007
section;
(C) A schedule of fees requiring all eligible caretaker 50,010
parents to pay a fee for publicly funded child day-care according 50,011
to income and family size, which shall be uniform for all types 50,012
of publicly funded child day-care, except as authorized by rule, 50,013
and, to the extent permitted by federal law, shall permit the use 50,015
of state and federal funds to pay the customary deposits and 50,016
other advance payments that a provider charges all children who 50,017
receive child day-care from that provider. The schedule of fees 50,018
may not provide for a caretaker parent to pay a fee that exceeds 50,019
ten per cent of the parent's family income. 50,020
(D) A formula based upon a percentage of the county's 50,022
total expenditures for publicly funded child day-care for 50,023
determining the maximum amount of state and federal funds 50,024
appropriated for publicly funded child day-care that a county 50,025
department may use for administrative purposes; 50,026
(E) Procedures to be followed by the department and county 50,028
departments in recruiting individuals and groups to become 50,029
providers of child day-care; 50,030
(F) Procedures to be followed in establishing state or 50,032
local programs designed to assist individuals who are eligible 50,033
for publicly funded child day-care in identifying the resources 50,034
available to them and to refer the individuals to appropriate 50,035
sources to obtain child day-care; 50,036
(G) Procedures to deal with fraud and abuse committed by 50,038
either recipients or providers of publicly funded child day-care; 50,039
(H) Procedures for establishing a child day-care grant or 50,041
loan program in accordance with the child care block grant act; 50,042
(I) Standards and procedures for applicants to apply for 50,044
grants and loans, and for the department to make grants and 50,045
loans; 50,046
(J) A definition of "person who stands in loco parentis" 50,048
1112
for the purposes of division (II)(1) of section 5104.01 of the 50,050
Revised Code;
(K) Procedures for a county department of human JOB AND 50,053
FAMILY services to follow in making eligibility determinations 50,055
and redeterminations for publicly funded child day-care available 50,056
through telephone, computer, and other means at locations other 50,057
than the county department;
(L) Any other rules necessary to carry out sections 50,059
5104.30 to 5104.39 of the Revised Code. 50,060
Sec. 5104.39. (A) The state department DIRECTOR of human 50,070
JOB AND FAMILY services shall adopt rules in accordance with 50,071
Chapter 119. of the Revised Code establishing a procedure for 50,072
monitoring the expenditures of county departments of human JOB 50,073
AND FAMILY services to ensure that expenditures do not exceed the 50,075
available federal and state funds for publicly funded child 50,076
day-care. The state department, with the assistance of the 50,077
office of budget and management and the day-care advisory council 50,078
created pursuant to section 5104.08 of the Revised Code, shall 50,079
monitor the anticipated future expenditures of county departments 50,080
for publicly funded child day-care and shall compare those 50,081
anticipated future expenditures to available federal and state 50,082
funds for publicly funded child day-care. Whenever the state 50,083
department determines that the anticipated future expenditures of 50,084
the county departments will exceed the available federal and 50,085
state funds for publicly funded child day-care, it promptly shall 50,086
notify the county departments and, before the available state and 50,087
federal funds are used, the director of human services shall 50,088
issue and implement an administrative order that shall specify 50,089
both of the following: 50,090
(1) Priorities for expending the remaining available 50,092
federal and state funds for publicly funded child day-care; 50,093
(2) Instructions and procedures to be used by the county 50,095
departments. 50,096
The order may suspend enrollment of all new participants in 50,098
1113
any program of publicly funded child day-care or may limit 50,099
enrollment of new participants to those with incomes at or below 50,101
a specified percentage below the federal poverty line, but it 50,102
shall not limit enrollment by otherwise narrowing eligibility 50,103
standards established in statute for publicly funded child 50,104
day-care. 50,105
Each county department shall comply with the order no later 50,107
than thirty days after it is issued. If the state department 50,108
fails to notify the county departments and to implement the 50,109
reallocation priorities specified in the order before the 50,110
available federal and state funds for publicly funded child 50,111
day-care are used, the state department shall provide sufficient 50,112
funds to the county departments for publicly funded child 50,113
day-care to enable each county department to pay for all publicly 50,114
funded child day-care that was provided by providers pursuant to 50,115
contract prior to the date that the county department received 50,116
notice under this division and the state department implemented 50,117
in that county the priorities. 50,118
If after issuing an order under this division to suspend or 50,120
limit enrollment of new participants the state department 50,122
determines that available state and federal funds for publicly 50,124
funded child day-care exceed the anticipated future expenditures 50,125
of the county departments, the director may issue and implement 50,126
another administrative order increasing income eligibility levels 50,127
to a specified percentage of the federal poverty line. The order 50,128
shall include instructions and procedures to be used by the
county departments. Each county department shall comply with the 50,129
order not later than thirty days after it is issued. 50,130
(B) The state department of human JOB AND FAMILY services 50,133
shall do all of the following: 50,134
(1) Conduct a quarterly evaluation of the program of 50,136
publicly funded child day-care that is operated pursuant to 50,137
sections 5104.30 to 5104.39 of the Revised Code; 50,138
(2) Prepare reports based upon the evaluations that 50,141
1114
specify for each county the number of participants and amount of 50,142
expenditures;
(3) Provide copies of the reports to both houses of the 50,144
general assembly and, on request, to interested parties. 50,145
Sec. 5104.40. A county department of human JOB AND FAMILY 50,154
services shall not be held responsible for implementing any rule 50,157
adopted under this chapter regarding publicly funded child 50,159
day-care until the later of thirty days after the effective date 50,161
of the rule or thirty days after the county department receives 50,162
notice of the rule if such notification is required under this 50,163
chapter. 50,164
Sec. 5104.41. A child and his THE CHILD'S caretaker who 50,173
either temporarily reside in a facility providing emergency 50,176
shelter for homeless families or are determined by the county 50,178
department of human JOB AND FAMILY services to be homeless, and 50,179
who are otherwise ineligible for publicly funded child day-care, 50,181
are eligible for protective day-care for the lesser of the 50,183
following:
(A) Ninety days; 50,185
(B) The period of time they reside in the shelter, if they 50,187
qualified for protective day-care because they reside in the 50,188
shelter, or the period of time in which the county department 50,189
determines they are homeless.
Sec. 5104.42. The state department DIRECTOR of human JOB 50,199
AND FAMILY services shall adopt rules pursuant to section 111.15 50,201
of the Revised Code establishing a payment procedure for publicly 50,203
funded child day-care. The rules may provide that the state 50,204
department OF JOB AND FAMILY SERVICES will either reimburse 50,205
county departments of human JOB AND FMAILY services for payments 50,206
made to providers of publicly funded child day-care or make
direct payments to providers pursuant to an agreement entered 50,207
into with a county board of commissioners pursuant to section 50,208
5101.21 of the Revised Code.
Alternately, the state department DIRECTOR, by rule adopted 50,210
1115
in accordance with section 111.15 of the Revised Code, may 50,211
establish a methodology for allocating among the county 50,213
departments the state and federal funds appropriated for all 50,214
publicly funded child day-care services. If the state department 50,215
chooses to allocate funds for publicly funded child day-care, it 50,216
may provide the funds to each county department, up to the limit 50,218
of the county's allocation, by advancing the funds or reimbursing
county day-care expenditures. The rules adopted under this 50,219
section may prescribe procedures for making the advances or 50,220
reimbursements. The rules may establish a method under which the 50,221
state department may determine which county expenditures for 50,223
day-care services are allowable for use of state and federal 50,224
funds.
The rules may establish procedures that a county department 50,226
shall follow when the county department determines that its 50,228
anticipated future expenditures for publicly funded child 50,229
day-care services will exceed the amount of state and federal 50,230
funds allocated by the state department. The procedures may 50,231
include suspending or limiting enrollment of new participants.
Sec. 5104.43. Each county department of human JOB AND 50,240
FAMILY services shall deposit all funds received from any source 50,242
for child day-care services into the public assistance fund 50,243
established under section 5101.161 of the Revised Code. All
expenditures by a county department for publicly funded child 50,244
day-care shall be made from the public assistance fund. 50,245
Sec. 5104.44. On receipt of a notice pursuant to section 50,255
2301.373 of the Revised Code, the department of human JOB AND 50,256
FAMILY services shall comply with that section with respect to a 50,259
license or certificate issued pursuant to this chapter.
Sec. 5107.03. There is hereby established the Ohio works 50,269
first program. The department of human JOB AND FAMILY services 50,270
shall administer the program, as long as federal funds are 50,271
provided for the program, in accordance with Title IV-A, federal 50,273
regulations, state law, the Title IV-A state plan submitted to 50,274
1116
the United States secretary of health and human services under 50,275
section 5101.80 of the Revised Code, amendments to the plan, and 50,277
federal waivers granted by the United States secretary.
The department shall make all cash assistance payments for 50,279
Ohio works first from funds appropriated for the Ohio works first 50,282
program. A county department of human JOB AND FAMILY services 50,283
may use county funds to increase the amount of cash assistance an 50,284
assistance group receives. An increase in the amount of cash 50,285
assistance that results from such a use of county funds shall not 50,286
be included as countable income, gross earned income, or gross 50,287
unearned income of the assistance group.
Sec. 5107.05. The department DIRECTOR of human JOB AND 50,297
FAMILY services shall adopt rules to implement this chapter. The 50,298
rules shall be consistent with Title IV-A, Title IV-D, federal 50,300
regulations, state law, the Title IV-A state plan submitted to 50,301
the United States secretary of health and human services under 50,302
section 5101.80 of the Revised Code, amendments to the plan, and 50,305
waivers granted by the United States secretary. Rules governing 50,307
eligibility, program participation, and other applicant and 50,308
participant requirements shall be adopted in accordance with 50,309
Chapter 119. of the Revised Code. Rules governing financial and 50,311
other administrative requirements applicable to the department OF 50,312
JOB AND FAMILY SERVICES and county departments of human JOB AND 50,313
FAMILY services shall be adopted in accordance with section 50,314
111.15 of the Revised Code. 50,315
(A) The rules shall specify, establish, or govern all of 50,317
the following: 50,318
(1) A payment standard for Ohio works first based on 50,320
federal and state appropriations; 50,321
(2) The method of determining the amount of cash 50,323
assistance an assistance group receives under Ohio works first; 50,324
(3) Requirements for initial and continued eligibility for 50,327
Ohio works first, including requirements regarding income,
citizenship, age, residence, and assistance group composition. 50,328
1117
The rules regarding income shall specify what is countable 50,329
income, gross earned income, and gross unearned income for the 50,330
purpose of section 5107.10 of the Revised Code. 50,331
(4) For the purpose of section 5107.12 of the Revised 50,334
Code, application and verification procedures, including the 50,335
minimum information an application must contain; 50,336
(5) The extent to which a participant of Ohio works first 50,338
must notify, pursuant to section 5107.12 of the Revised Code, a 50,340
county department of human JOB AND FAMILY services of additional 50,341
income not previously reported to the county department; 50,342
(6) Requirements for the collection and distribution of 50,344
support payments owed participants of Ohio works first pursuant 50,345
to section 5107.20 of the Revised Code; 50,347
(7) For the purpose of section 5107.22 of the Revised 50,350
Code, what constitutes cooperating in establishing a minor 50,351
child's paternity or establishing, modifying, or enforcing a 50,352
child support order and good cause for failure or refusal to 50,353
cooperate. The rule shall be consistent with 42 U.S.C.A. 50,354
654(29). 50,355
(8) The administration of the LEAP program provided for 50,357
under section 5107.30 of the Revised Code; 50,358
(9) circumstances CIRCUMSTANCES under which a county 50,360
department of human JOB AND FAMILY services may exempt a minor 50,362
head of household or adult from participating in a work activity 50,363
or developmental activity for all or some of the weekly hours
otherwise required by section 5107.43 of the Revised Code. 50,365
Circumstances shall include that a school or place of work is 50,366
closed due to a holiday or weather or other emergency and that an 50,367
employer grants the minor head of household or adult leave for 50,368
illness or earned vacation.
(10) The maximum amount of time the department will 50,370
subsidize positions created by state agencies and political 50,371
subdivisions under division (C) of section 5107.52 of the Revised 50,373
Code.
1118
(B) The rules may provide that a county department of 50,376
human JOB AND FAMILY services is not required to take action 50,378
under section 5107.76 of the Revised Code to recover an erroneous 50,379
payment that is below an amount the department specifies. 50,380
Sec. 5107.10. (A) As used in this section: 50,389
(1) "Countable income," "gross earned income," and "gross 50,392
unearned income" have the meanings established in rules adopted 50,393
under section 5107.05 of the Revised Code. 50,394
(2) "Gross income" means gross earned income and gross 50,396
unearned income. 50,397
(3) "Strike" means continuous concerted action in failing 50,399
to report to duty; willful absence from one's position; or 50,400
stoppage of work in whole from the full, faithful, and proper 50,401
performance of the duties of employment, for the purpose of 50,402
inducing, influencing, or coercing a change in wages, hours, 50,403
terms, and other conditions of employment. "Strike" does not 50,404
include a stoppage of work by employees in good faith because of 50,405
dangerous or unhealthful working conditions at the place of 50,406
employment that are abnormal to the place of employment. 50,407
(B) Under the Ohio works first program, an assistance 50,409
group shall receive, except as otherwise provided by this 50,411
chapter, time-limited cash assistance. In the case of an 50,412
assistance group that includes a minor head of household or 50,413
adult, assistance shall be provided in accordance with the 50,414
self-sufficiency contract entered into under section 5107.14 of
the Revised Code.
(C) To be eligible to participate in Ohio works first, an 50,417
assistance group must meet all of the following requirements: 50,418
(1) The assistance group, except as provided in division 50,420
(E) of this section, must include at least one of the following: 50,422
(a) A minor child who, except as provided in section 50,424
5107.24 of the Revised Code, resides with a parent, or specified 50,426
relative caring for the child, or, to the extent permitted by 50,428
Title IV-A and federal regulations adopted until Title IV-A, 50,429
1119
resides with a guardian or custodian caring for the child; 50,431
(b) A parent residing with and caring for the parent's 50,434
minor child who receives supplemental security income under Title 50,435
XVI of the "Social Security Act," 86 Stat. 1475 (1972), 42 50,436
U.S.C.A. 1383, as amended, or federal, state, or local adoption 50,437
assistance; 50,438
(c) A specified relative residing with and caring for a 50,440
minor child who is related to the specified relative in a manner 50,441
that makes the specified relative a specified relative and 50,442
receives supplemental security income or federal, state, or local 50,443
foster care or adoption assistance;
(d) A woman at least six months pregnant. 50,444
(2) The assistance group must meet the income requirements 50,446
established by division (D) of this section. 50,447
(3) No member of the assistance group may be involved in a 50,449
strike.
(4) The assistance group must satisfy the requirements for 50,452
Ohio works first established by this chapter and sections
5101.19, 5101.58, 5101.59, and 5101.83 of the Revised Code. 50,454
(5) The assistance group must meet requirements for Ohio 50,456
works first established by rules adopted under section 5107.05 of 50,458
the Revised Code. 50,459
(D)(1) Except as provided in division (D)(3) of this 50,461
section, to determine whether an assistance group is initially 50,462
eligible to participate in Ohio works first, a county department 50,464
of human JOB AND FAMILY services shall do the following: 50,465
(a) Determine whether the assistance group's gross income 50,468
exceeds the following amount:
Size of Assistance Group Gross Income 50,471
1 $423 50,473
2 $537 50,474
3 $630 50,475
4 $750 50,476
5 $858 50,477
1120
6 $942 50,478
7 $1,038 50,479
8 $1,139 50,480
9 $1,241 50,481
10 $1,343 50,482
11 $1,440 50,483
12 $1,542 50,484
13 $1,643 50,485
14 $1,742 50,486
15 $1,844 50,487
For each person in the assistance group that brings the 50,490
assistance group to more than fifteen persons, add one hundred 50,491
two dollars to the amount of gross income for an assistance group 50,493
of fifteen specified in division (D)(1)(a) of this section. 50,494
In making this determination, the county department shall 50,496
disregard amounts that federal statutes or regulations and
sections 5101.17 and 5117.10 of the Revised Code require be 50,498
disregarded. The assistance group is ineligible to participate 50,499
in Ohio works first if the assistance group's gross income, less 50,500
the amounts disregarded, exceeds the amount specified in division 50,501
(D)(1)(a) of this section. 50,502
(b) If the assistance group's gross income, less the 50,505
amounts disregarded pursuant to division (D)(1)(a) of this 50,507
section, does not exceed the amount specified in that division,
determine whether the assistance group's countable income is less 50,509
than the payment standard. The assistance group is ineligible to 50,510
participate in Ohio works first if the assistance group's 50,511
countable income equals or exceeds the payment standard. 50,513
(2) To determine whether an assistance group participating 50,516
in Ohio works first continues to be eligible to participate, a 50,517
county department of human JOB AND FAMILY services shall 50,518
determine whether the assistance group's countable income 50,519
continues to be less than the payment standard. In making this 50,520
determination, the county department shall disregard the first 50,521
1121
two hundred fifty dollars and fifty per cent of the remainder of 50,523
the assistance group's gross earned income. No amounts shall be 50,524
disregarded from the assistance group's gross unearned income. 50,525
The assistance group ceases to be eligible to participate in Ohio 50,526
works first if its countable income, less the amounts 50,527
disregarded, equals or exceeds the payment standard. 50,528
(3) If an assistance group reapplies to participate in 50,530
Ohio works first not more than four months after ceasing to 50,531
participate, a county department of human JOB AND FAMILY services 50,533
shall use the income requirement established by division (D)(2) 50,534
of this section to determine eligibility for resumed 50,535
participation rather than the income requirement established by 50,536
division (D)(1) of this section. 50,537
(E)(1) An assistance group may continue to participate in 50,539
Ohio works first even though a public children services agency 50,540
removes the assistance group's minor children from the assistance 50,542
group's home due to abuse, neglect, or dependency if the agency 50,543
does both of the following:
(a) Notifies the county department of human JOB AND FAMILY 50,545
services at the time the agency removes the children that it 50,547
believes the children will be able to return to the assistance 50,548
group within six months;
(b) Informs the county department at the end of each of 50,551
the first five months after the agency removes the children that 50,553
the parent, guardian, custodian, or specified relative of the 50,554
children is cooperating with the case plans prepared for the 50,556
children under section 2151.412 of the Revised Code and that the 50,558
agency is making reasonable efforts to return the children to the 50,559
assistance group.
(2) An assistance group may continue to participate in 50,561
Ohio works first pursuant to division (E)(1) of this section for 50,563
not more than six payment months. This division does not affect 50,565
the eligibility of an assistance group that includes a woman at 50,566
least six months pregnant. 50,567
1122
Sec. 5107.12. An assistance group seeking to participate 50,576
in the Ohio works first program shall apply to a county 50,578
department of human JOB AND FAMILY services using an application 50,580
containing information the state department DIRECTOR of human JOB 50,582
AND FAMILY services requires pursuant to rules adopted under 50,583
section 5107.05 of the Revised Code and any additional 50,584
information the county department requires. If cash assistance 50,586
under the program is to be paid by the auditor of state through 50,587
the medium of direct deposit as provided by section 329.03 of the 50,588
Revised Code, the application shall be accompanied by information 50,591
the auditor needs to make direct deposits. 50,592
When a county department receives an application for 50,595
participation in Ohio works first, it shall promptly make an 50,596
investigation and record of the circumstances of the applicant in 50,597
order to ascertain the facts surrounding the application and to 50,598
obtain such other information as may be required. Upon the 50,599
completion of the investigation, the county department shall 50,601
determine whether the applicant is eligible to participate, the 50,602
amount of cash assistance the applicant should receive, and the 50,604
approximate date when participation shall begin. The amount of 50,606
cash assistance so determined shall be certified to the state 50,607
department OF JOB AND FAMILY SERVICES in such form as the 50,608
department shall prescribe. Warrants, direct deposits, or debit 50,610
cards shall be delivered or made payable in the manner the state 50,613
department may prescribe.
To the extent required by rules adopted under section 50,616
5107.05 of the Revised Code, a participant of Ohio works first 50,617
shall notify the county department immediately upon the receipt 50,619
or possession of additional income not previously reported to the 50,622
county department. Any failure to so notify a county department 50,623
shall be regarded as prima-facie evidence of an intent to 50,624
defraud.
Sec. 5107.14. An assistance group is ineligible to 50,634
participate in Ohio works first unless the minor head of 50,635
1123
household or each adult member of the assistance group, not later 50,637
than thirty days after applying for or undergoing a 50,639
redetermination of eligibility for the program, enters into a 50,640
written self-sufficiency contract with the county department of 50,641
human JOB AND FAMILY services. The contract shall set forth the 50,643
rights and responsibilities of the assistance group as applicants 50,644
for and participants of the program, including work 50,645
responsibilities established under sections 5107.40 to 5107.69 of 50,647
the Revised Code and other requirements designed to assist the 50,649
assistance group in achieving self sufficiency and personal 50,650
responsibility. The county department shall provide without 50,651
charge a copy of the contract to each assistance group member who 50,652
signs it.
Each self-sufficiency contract shall include, based on 50,654
appraisals conducted under section 5107.41 of the Revised Code 50,656
and assessments conducted under section 5107.70 of the Revised 50,657
Code, the following:
(A) The assistance group's plan, developed under section 50,659
5107.41 of the Revised Code, to achieve the goal of self 50,662
sufficiency and personal responsibility through unsubsidized 50,663
employment within the time limit for participating in Ohio works 50,664
first established by section 5107.18 of the Revised Code; 50,665
(B) Work activities, developmental activities, and 50,668
alternative work activities to which members of the assistance 50,669
group are assigned under sections 5107.40 to 5107.69 of the 50,670
Revised Code; 50,671
(C) The responsibility of a caretaker member of the 50,674
assistance group to cooperate in establishing a minor child's 50,675
paternity and establishing, modifying, and enforcing a support 50,676
order for the child in accordance with section 5107.22 of the 50,677
Revised Code; 50,678
(D) Other responsibilities that members of the assistance 50,680
group must satisfy to participate in Ohio works first and the 50,681
consequences for failure or refusal to satisfy the 50,682
1124
responsibilities; 50,683
(E) An agreement that the assistance group will comply 50,686
with the conditions of participating in Ohio works first 50,687
established by this chapter and sections 5101.19, 5101.58, 50,688
5101.59, and 5101.83 of the Revised Code; 50,689
(F) Assistance and services the county department will 50,691
provide to the assistance group; 50,692
(G) Assistance and services the child support enforcement 50,695
agency and public children services agency will provide to the 50,696
assistance group pursuant to a plan of cooperation entered into 50,697
under section 307.983 of the Revised Code; 50,698
(H) Other provisions designed to assist the assistance 50,700
group in achieving self sufficiency and personal responsibility; 50,702
(I) Procedures for assessing whether responsibilities are 50,705
being satisfied and whether the contract should be amended;
(J) Procedures for amending the contract. 50,707
Sec. 5107.16. (A) If a member of an assistance group 50,717
fails or refuses, without good cause, to comply in full with a 50,718
provision of a self-sufficiency contract entered into under 50,719
section 5107.14 of the Revised Code, a county department of human 50,720
JOB AND FAMILY services shall sanction the assistance group as 50,722
follows:
(1) For a first failure or refusal, the county department 50,724
shall deny or terminate the assistance group's eligibility to 50,725
participate in Ohio works first for one payment month or until 50,726
the failure or refusal ceases, whichever is longer; 50,727
(2) For a second failure or refusal, the county department 50,730
shall deny or terminate the assistance group's eligibility to
participate in Ohio works first for three payment months or until 50,732
the failure or refusal ceases, whichever is longer;
(3) For a third or subsequent failure or refusal, the 50,734
county department shall deny or terminate the assistance group's 50,735
eligibility to participate in Ohio works first for six payment 50,736
months or until the failure or refusal ceases, whichever is 50,737
1125
longer. 50,738
(B) Each county department of human JOB AND FAMILY 50,741
services shall establish standards for the determination of good 50,743
cause for failure or refusal to comply in full with a provision 50,744
of a self-sufficiency contract.
(1) In the case of a failure or refusal to participate in 50,746
a work activity, developmental activity, or alternative work 50,747
activity under sections 5107.40 to 5107.69 of the Revised Code, 50,749
good cause shall include, except as provided in division (B)(2) 50,751
of this section, the following: 50,752
(a) Failure of the county department to place the member 50,755
in an activity;
(b) Failure of the county department to provide for the 50,758
assistance group to receive support services the county
department determines under section 5107.66 of the Revised Code 50,760
to be necessary. In determining whether good cause exists, a 50,761
county department shall determine that day care is a necessary 50,762
support service if a single custodial parent caring for a minor 50,763
child under age six proves a demonstrated inability, as 50,764
determined by the county department, to obtain needed child care 50,765
for one or more of the following reasons: 50,766
(i) Unavailability of appropriate child care within a 50,769
reasonable distance from the parent's home or work site; 50,770
(ii) Unavailability or unsuitability of informal child 50,773
care by a relative or under other arrangements;
(iii) Unavailability of appropriate and affordable formal 50,776
child care arrangements.
(2) Good cause does not exist if the member of the 50,778
assistance group is placed in a work activity established under 50,780
section 5107.58 of the Revised Code and exhausts the support 50,781
services available for that activity. 50,782
(C) When a state hearing under division (B) of section 50,785
5101.35 of the Revised Code or an administrative appeal under 50,788
division (C) of that section is held regarding a sanction under 50,789
1126
this section, the hearing officer, director of human JOB AND 50,790
FAMILY services, or director's designee shall base the decision 50,792
in the hearing or appeal on the county department's standards of 50,793
good cause for failure or refusal to comply in full with a 50,794
provision of a self-sufficiency contract, if the county 50,795
department provides the hearing officer, director, or director's 50,796
designee a copy of the county department's good cause standards. 50,797
(D) After sanctioning an assistance group under division 50,800
(A) of this section, a county department of human JOB AND FAMILY 50,802
services shall continue to work with the assistance group to 50,804
provide the member of the assistance group who caused the 50,805
sanction an opportunity to demonstrate to the county department a 50,806
willingness to cease the failure or refusal to comply with the 50,807
self-sufficiency contract.
(E) An adult eligible for medical assistance pursuant to 50,809
division (A)(1)(a) of section 5111.01 of the Revised Code who is 50,814
sanctioned under division (A)(3) of this section for a failure or 50,816
refusal, without good cause, to comply in full with a provision 50,817
of a self-sufficiency contract related to work responsibilities 50,818
under sections 5107.40 to 5107.69 of the Revised Code loses 50,819
eligibility for medical assistance unless the adult is otherwise 50,820
eligible for medical assistance pursuant to another division of 50,821
section 5111.01 of the Revised Code. 50,823
(F) An assistance group that would be participating in 50,825
Ohio works first if not for a sanction under this section shall 50,826
continue to be eligible for all of the following: 50,827
(1) Publicly funded child day-care in accordance with 50,829
division (A)(3) of section 5104.30 of the Revised Code; 50,830
(2) Support services in accordance with section 5107.66 of 50,832
the Revised Code; 50,833
(3) To the extent permitted by the "Fair Labor Standards 50,836
Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 201, as amended, to 50,837
participate in work activities, developmental activities, and 50,838
alternative work activities in accordance with sections 5107.40
1127
to 5107.69 of the Revised Code. 50,839
Sec. 5107.161. Before a county department of human JOB AND 50,848
FAMILY services sanctions an assistance group under section 50,850
5107.16 of the Revised Code, the county department shall provide 50,852
the assistance group written notice of the sanction. The written
notice shall include a provision printed in bold type face that 50,853
informs the assistance group that it may request a face-to-face 50,854
meeting with the county department not later than ten days after 50,855
receiving the written notice to explain why the assistance group 50,856
believes it should not be sanctioned. The written notice shall 50,857
include the telephone numbers of the assistance group's 50,858
caseworker and of an Ohio works first ombudsperson provided for 50,859
under section 329.07 of the Revised Code who the assistance group 50,860
may call if unable to contact the caseworker and the toll-free 50,861
telephone number of the state department of human JOB AND FAMILY 50,862
services.
Sec. 5107.162. If an assistance group requests a meeting 50,871
with a county department of human JOB AND FAMILY services not 50,872
later than ten days after receiving under section 5107.161 of the 50,874
Revised Code written notice of a sanction, the county department 50,875
shall schedule the meeting and postpone imposition of the 50,876
sanction until the date the meeting is scheduled to be held. 50,877
Sec. 5107.18. (A) Except as provided in divisions (B), 50,886
(C), (D), and (E) of this section, an assistance group is 50,888
ineligible to participate in Ohio works first if the assistance 50,889
group includes an adult who has participated in the program for
thirty-six months. The time limit applies regardless of whether 50,890
the thirty-six months are consecutive. 50,891
(B) An assistance group that has ceased to participate in 50,894
Ohio works first pursuant to division (A) of this section for at 50,896
least twenty-four months may reapply to participate in the 50,897
program if good cause exists as determined by the county 50,898
department of human JOB AND FAMILY services. Good cause may 50,899
include losing employment, inability to find employment, divorce, 50,900
1128
domestic violence considerations, and unique personal 50,901
circumstances. The assistance group must provide a county 50,902
department of human JOB AND FAMILY services verification 50,903
acceptable to the county department of whether any members of the 50,904
assistance group had employment during the period the assistance 50,905
group was not participating in Ohio works first and the amount 50,906
and sources of the assistance group's income during that period. 50,907
If a county department is satisfied that good cause exists for 50,908
the assistance group to reapply to participate in Ohio works 50,909
first, the assistance group may reapply. Except as provided in 50,911
divisions (C), (D), and (E) of this section, the assistance group 50,913
may not participate in Ohio works first for more than twenty-four 50,914
additional months. The time limit applies regardless of whether 50,915
the twenty-four months are consecutive.
(C) In determining the number of months a parent or 50,918
pregnant woman has received assistance under Title IV-A, a county 50,922
department of human JOB AND FAMILY services shall disregard any 50,923
month during which the parent or pregnant woman was a minor child 50,925
but was neither a minor head of household nor married to the head 50,926
of an assistance group.
(D) In determining the number of months an adult has 50,929
received assistance under Title IV-A, a county department of 50,933
human JOB AND FAMILY services shall disregard any month during 50,935
which the adult lived on an Indian reservation or in an Alaska 50,937
native village, as those terms are used in 42 U.S.C.A. 50,939
608(a)(7)(D), if, during the month, at least one thousand 50,941
individuals lived on the reservation or in the village and at 50,942
least fifty per cent of the adults living on the reservation or 50,943
in the village were unemployed. 50,944
(E) A county department of human JOB AND FAMILY services 50,946
may exempt not more than twenty per cent of the average monthly 50,948
number of Ohio works first participants from the time limit 50,950
established by this section on the grounds that the county 50,951
department determines that the time limit is a hardship. In the 50,952
1129
case of the time limit established by division (A) of this 50,953
section, a county department may not exempt an assistance group
until the group has exhausted its thirty-six months of cash 50,955
assistance.
(F) The state department of human JOB AND FAMILY services 50,958
shall continually monitor the percentage of the average monthly 50,960
number of Ohio works first participants in each county that is 50,962
exempted under division (E) of this section from the time limit 50,963
established by this section. On determining that the percentage 50,965
in any county equals or exceeds eighteen per cent, the state
department shall immediately notify the county department of 50,966
human JOB AND FAMILY services. 50,967
(G) Only participation in Ohio works first on or after 50,969
October 1, 1997, applies to the time limit established by this 50,971
section. The time limit applies regardless of the source of 50,972
funding for the program. Assistance under Title IV-A provided by 50,975
any state applies to the time limit. The time limit is a 50,976
lifetime limit. No assistance group shall receive assistance 50,977
under the program in violation of the time limit for assistance 50,978
under Title IV-A established by section 408(a)(7) of the "Social 50,981
Security Act," as amended by the "Personal Responsibility and 50,982
Work Opportunity Reconciliation Act of 1996," 110 Stat. 2105, 42 50,984
U.S.C.A. 608(a)(7). 50,985
Sec. 5107.20. As used in this section, "support" has the 50,994
same meaning as in section 3113.21 of the Revised Code. 50,995
Participation in Ohio works first constitutes an assignment 50,998
to the department of human JOB AND FAMILY services of any rights 50,999
members of an assistance group have to support from any other 51,000
person, excluding medical support assigned pursuant to section 51,001
5101.59 of the Revised Code. The rights to support assigned to 51,002
the department pursuant to this section constitute an obligation 51,003
of the person who is responsible for providing the support to the 51,004
state for the amount of cash assistance provided to the 51,006
assistance group.
1130
The division of child support in the department of human 51,009
JOB AND FAMILY services shall collect and distribute support
payments owed to Ohio works first participants, whether assigned 51,010
to the department or unassigned, in accordance with Title IV-D, 51,012
federal regulations, state statutes, and rules adopted under 51,013
section 5107.05 of the Revised Code.
In accordance with federal statutes and regulations, the 51,015
department shall deposit support payments it receives pursuant to 51,016
this section into the state treasury to the credit of the child 51,018
support collections fund or the child support administrative 51,019
fund, both of which are hereby created. Money credited to the 51,020
funds shall be used to make cash assistance payments under Ohio 51,022
works first.
Sec. 5107.22. As used in this section, "caretaker" means 51,032
the parent of a minor child or a relative acting in the parent's 51,034
place.
Unless good cause for failure or refusal exists as 51,036
determined pursuant to rules adopted under section 5107.05 of the 51,037
Revised Code, the caretaker of a minor child shall cooperate, if 51,039
the caretaker is a member of the child's assistance group, in 51,040
establishing the child's paternity and establishing, modifying, 51,041
and enforcing a support order for the child. The child support 51,042
enforcement agency with responsibility for administering the 51,043
assistance group's paternity and support order requirements shall 51,045
determine whether the caretaker is cooperating under this
section. Cooperation includes providing sufficient information 51,046
available to the caretaker to verify the identity of the minor 51,047
child's father and establish, modify, and enforce a support 51,048
order.
A child support enforcement agency shall notify the county 51,051
department of human JOB AND FAMILY services serving the county in 51,052
which a caretaker resides if the agency determines that the 51,054
caretaker has failed or refused to cooperate under this section 51,055
without good cause and the caretaker is a member of an assistance 51,056
1131
group participating in Ohio works first. 51,057
Sec. 5107.24. (A) As used in this section: 51,066
(1) "Adult-supervised living arrangement" means a family 51,068
setting approved, licensed, or certified by the department of 51,071
human JOB AND FAMILY services, the department of mental health, 51,072
the department of mental retardation and developmental 51,073
disabilities, the department of youth services, a public children 51,075
services agency, a private child placing agency, or a private 51,076
noncustodial agency that is maintained by a person age eighteen 51,077
or older who assumes responsibility for the care and control of a 51,078
minor parent, pregnant minor, or child of a minor parent or 51,079
provides the minor parent, pregnant minor, or child of a minor 51,080
parent supportive services, including counseling, guidance, and 51,081
supervision. "Adult-supervised living arrangement" does not mean 51,082
a public institution. 51,083
(2) "Child of a minor parent" means a child born to a 51,086
minor parent, except that the child ceases to be considered a 51,087
child of a minor parent when the minor parent attains age 51,088
eighteen.
(3) "Minor parent" means a parent who is under age 51,090
eighteen and is not married. 51,092
(4) "Pregnant minor" means a pregnant person who is under 51,094
age eighteen and not married. 51,096
(B)(1) Except as provided in division (B)(2) of this 51,099
section and to the extent permitted by Title IV-A and federal 51,100
regulations adopted under Title IV-A, a pregnant minor, minor 51,102
parent, or child of a minor parent must reside in a place of 51,103
residence maintained by a parent, guardian, custodian, or 51,104
specified relative of the pregnant minor or minor parent as the 51,106
parent's, guardian's, custodian's, or specified relative's own 51,107
home to be eligible to participate in Ohio works first. 51,109
(2) To the extent permitted by Title IV-A and federal 51,112
regulations adopted under it, a pregnant minor, minor parent, or 51,113
child of a minor parent is exempt from the requirement of 51,114
1132
division (B)(1) of this section if any of the following apply: 51,115
(a) The minor parent or pregnant minor does not have a 51,117
parent, guardian, custodian, or specified relative living or 51,120
whose whereabouts are known.
(b) No parent, guardian, custodian, or specified relative 51,123
of the minor parent or pregnant minor will allow the pregnant 51,125
minor, minor parent, or minor parent's child to live in the 51,126
parent's, guardian's, custodian's, or specified relative's home. 51,128
(c) The department of human JOB AND FAMILY services, a 51,130
county department of human JOB AND FAMILY services, or a public 51,133
children services agency determines that the physical or 51,134
emotional health or safety of the pregnant minor, minor parent, 51,135
or minor parent's child would be in jeopardy if the pregnant 51,136
minor, minor parent, or minor parent's child lived in the same 51,137
home as the parent, guardian, custodian, or specified relative. 51,139
(d) The department of human JOB AND FAMILY services, a 51,141
county department of human JOB AND FAMILY services, or a public 51,142
children services agency otherwise determines that it is in the 51,145
best interest of the pregnant minor, minor parent, or minor 51,146
parent's child to waive the requirement of division (B)(1) of 51,147
this section.
(C) A pregnant minor, minor parent, or child of a minor 51,149
parent exempt from the requirement of division (B)(1) of this 51,151
section must reside in an adult-supervised living arrangement to 51,152
be eligible to participate in Ohio works first.
(D) The department of human JOB AND FAMILY services, 51,154
whenever possible and to the extent permitted by Title IV-A and 51,156
federal regulations adopted under it, shall provide cash 51,158
assistance under Ohio works first to the parent, guardian, 51,160
custodian, or specified relative of a pregnant minor or minor 51,161
parent on behalf of the pregnant minor, minor parent, or minor 51,162
parent's child.
Sec. 5107.26. (A) As used in this section: 51,171
(1) "Transitional child day-care" means publicly funded 51,174
1133
child day-care provided under division (A)(3) of section 5104.34 51,176
of the Revised Code.
(2) "Transitional medicaid" means the medical assistance 51,179
provided under section 5111.023 of the Revised Code. 51,180
(B) Except as provided in division (C) of this section, 51,182
each member of an assistance group participating in Ohio works 51,183
first is ineligible to participate in the program for six payment 51,186
months if a county department of human JOB AND FAMILY services 51,187
determines that a member of the assistance group terminated the 51,189
member's employment and each person who, on the day prior to the 51,190
day a recipient begins to receive transitional child day-care or 51,191
transitional medicaid, was a member of the recipient's assistance 51,192
group is ineligible to participate in Ohio works first for six 51,194
payment months if a county department determines that the 51,197
recipient terminated the recipient's employment. 51,199
(C) No assistance group member shall lose or be denied 51,202
eligibility to participate in Ohio works first pursuant to 51,204
division (B) of this section if the termination of employment was 51,205
because an assistance group member or recipient of transitional 51,206
child day-care or transitional medicaid secured comparable or 51,207
better employment or the county department of human JOB AND 51,209
FAMILY services certifies that the member or recipient terminated 51,211
the employment with just cause. 51,212
Just cause includes the following: 51,214
(1) Discrimination by an employer based on age, race, sex, 51,217
color, handicap, religious beliefs, or national origin;
(2) Work demands or conditions that render continued 51,219
employment unreasonable, such as working without being paid on 51,220
schedule; 51,221
(3) Employment that has become unsuitable due to any of 51,223
the following: 51,224
(a) The wage is less than the federal minimum wage; 51,226
(b) The work is at a site subject to a strike or lockout, 51,229
unless the strike has been enjoined under section 208 of the 51,230
1134
"Labor-Management Relations Act," 61 Stat. 155 (1947), 29 51,231
U.S.C.A. 178, as amended, an injunction has been issued under 51,233
section 10 of the "Railway Labor Act," 44 Stat. 586 (1926), 45 51,235
U.S.C.A. 160, as amended, or an injunction has been issued under 51,236
section 4117.16 of the Revised Code; 51,237
(c) The documented degree of risk to the member or 51,240
recipient's health and safety is unreasonable; 51,242
(d) The member or recipient is physically or mentally 51,245
unfit to perform the employment, as documented by medical 51,246
evidence or by reliable information from other sources. 51,247
(4) Documented illness of the member or recipient or of 51,250
another assistance group member of the member or recipient 51,252
requiring the presence of the member or recipient; 51,253
(5) A documented household emergency; 51,255
(6) Lack of adequate child care for children of the member 51,258
or recipient who are under six years of age. 51,259
Sec. 5107.28. (A) As used in this section and in sections 51,268
5107.281 to 5107.287 of the Revised Code: 51,269
(1) "Cash assistance payment" means the monthly amount an 51,271
assistance group is eligible to receive under Ohio works first. 51,273
(2) "Parent" means the parent, guardian, custodian, or 51,276
specified relative with charge or care of a learnfare 51,277
participant.
(3) "Participating student" means a participant of Ohio 51,279
works first who is subject to the school attendance requirement 51,281
of the learnfare program as determined under section 5107.281 of 51,282
the Revised Code.
(B) The state department of human JOB AND FAMILY services 51,286
shall establish the learnfare program. The board of county 51,287
commissioners of any county may choose to have the county
participate in the learnfare program. The county department of 51,288
human JOB AND FAMILY services of each participating county shall 51,290
administer the program in accordance with sections 5107.28 to 51,291
5107.287 of the Revised Code and policies the county department 51,292
1135
establishes for the program. 51,293
(C) The program shall provide for reduction in the cash 51,296
assistance payment to the assistance group of a participating 51,297
student if the student fails to comply with the program's school 51,299
attendance requirement two or more times during a school year. 51,300
(D) The program may provide for an incentive to encourage 51,303
a parent or, if a participating student is eighteen or nineteen 51,305
years of age, the student to consent to the release of the 51,306
participating student's school attendance records and the 51,308
participating student to comply with the program's school 51,309
attendance requirement. 51,310
Sec. 5107.282. The first time during a school year that a 51,320
participating student fails to comply with the learnfare 51,322
program's school attendance requirement, the county department of 51,323
human JOB AND FAMILY services shall send the parent a notice 51,325
warning that, if the student fails a second or subsequent time in 51,327
the school year to comply with the school attendance requirement, 51,328
the assistance group's cash assistance payment for the second 51,329
month following report of the failure under section 5107.287 of 51,330
the Revised Code will be reduced to the amount the assistance 51,333
group would be eligible to receive if the student was not a 51,334
member of the assistance group. The county department shall send 51,336
the notice not later than the last day of the month that it is 51,337
informed of the first failure to comply. 51,338
If a participating student fails two or more times in a 51,341
school year to comply with the school attendance requirement, the 51,342
county department shall reduce the assistance group's cash 51,343
assistance payment for the second month following report of the 51,344
failure. The county department shall reduce the cash assistance 51,346
payment to the amount the assistance group would be eligible to 51,347
receive if the participating student was not a member of the 51,349
assistance group.
Sec. 5107.283. The county department of human JOB AND 51,358
FAMILY services may provide an incentive established by the 51,360
1136
county department to the participating student or student's 51,362
assistance group, whichever is appropriate, if the parent or, if 51,364
the student is eighteen or nineteen years of age, the student, 51,366
consents to the release of the student's school attendance 51,367
records and the student complies with the learnfare school 51,369
attendance requirement. An incentive may be a cash bonus or 51,371
other form of incentive. The county department shall not receive 51,372
any additional state or federal funds to pay for incentives. 51,373
Sec. 5107.284. The county department of human JOB AND 51,382
FAMILY services shall require the parent of each participating 51,385
student, or, if the student is eighteen or nineteen years of age, 51,387
the student to consent to release of the student's school 51,388
attendance records. If the parent or participating student 51,390
refuses to consent, the county department shall reduce the 51,391
assistance group's cash assistance payment for the month 51,393
immediately following the month of the refusal and each month
thereafter until consent is given. The cash assistance payment 51,394
shall be reduced to the amount the assistance group would be 51,396
eligible to receive if neither the participating student nor the 51,397
parent were members of the assistance group. 51,398
Sec. 5107.286. Communications between the school district 51,408
and the county department of human JOB AND FAMILY services 51,409
concerning a participating student's attendance shall be made 51,411
only through the attendance officers and assistants appointed
under section 3321.14 or 3321.15 of the Revised Code. 51,412
Sec. 5107.287. The county department of human JOB AND 51,422
FAMILY services shall establish policies defining "good cause for 51,424
being absent from school" and specifying what constitutes a day 51,425
of attendance for purposes of the learnfare program's school 51,426
attendance requirement. 51,427
Not later than the fifteenth day of each month of a school 51,429
year or another time agreed to by the county department of human 51,430
JOB AND FAMILY services and state board of education but not 51,431
later than the thirtieth day of each month, each attendance 51,433
1137
officer or assistant appointed under section 3321.14 or 3321.15 51,434
of the Revised Code who oversees the attendance of students 51,435
enrolled in the school districts of a county that is 51,436
participating in the learnfare program shall report to the county 51,438
department of human JOB AND FAMILY services the previous month's 51,439
school attendance record of each participating student. The 51,441
report shall specify which if any of the participating student's 51,442
absences are excused because the absence meets the definition of 51,443
"good cause for being absent from school." No absence for which 51,444
there is good cause shall be considered in determining whether a 51,445
participating student has complied with the learnfare program's 51,447
school attendance requirement. 51,448
Sec. 5107.30. (A) As used in this section: 51,457
(1) "LEAP program" means the learning, earning, and 51,459
parenting program. 51,460
(2) "Teen" means a participant of Ohio works first who is 51,463
under age twenty and is a natural or adoptive parent or is 51,464
pregnant.
(3) "School" means an educational program that is designed 51,466
to lead to the attainment of a high school diploma or the 51,467
equivalent of a high school diploma. 51,468
(B) The department DIRECTOR of human JOB AND FAMILY 51,471
services may adopt rules under section 5107.05 of the Revised 51,472
Code, to the extent that such rules are consistent with federal 51,474
law, to do all of the following:
(1) Define "good cause" and "the equivalent of a high 51,476
school diploma" for the purposes of this section; 51,477
(2) Conduct one or more special demonstration programs 51,479
titled the "LEAP program" and establish requirements governing 51,481
the program. The purpose of the LEAP program is to encourage 51,482
teens to complete school. 51,483
(3) Require every teen who is subject to LEAP program 51,485
requirements to attend school in accordance with the requirements 51,486
governing the program unless the teen shows good cause for not 51,487
1138
attending school. The department shall provide, in addition to 51,488
the cash assistance payment provided under Ohio works first, an 51,491
incentive payment, in an amount determined by the department, to 51,492
every teen who is participating in the LEAP program and attends 51,493
school in accordance with the requirements governing the program. 51,494
The department shall reduce the cash assistance payment, in an 51,495
amount determined by the department, under Ohio works first to 51,496
every teen participating in the LEAP program who fails or 51,499
refuses, without good cause, to attend school in accordance with 51,500
the requirements governing the program.
(4) Require every teen who is subject to LEAP program 51,502
requirements to enter into a written agreement with the county 51,503
department of human JOB AND FAMILY services that provides all of 51,504
the following: 51,505
(a) The teen, to be eligible to receive the incentive 51,507
payment under division (B)(3) of this section, must attend school 51,508
in accordance with the requirements of the LEAP program; 51,509
(b) The county department will provide the incentive 51,511
payment to the teen if the teen attends school; 51,512
(c) The county department will reduce the cash assistance 51,514
payment under Ohio works first if the teen fails or refuses to 51,517
attend school in accordance with the requirements governing the 51,518
LEAP program.
(5) Evaluate the demonstration programs established under 51,520
this section. In conducting the evaluations, the state 51,521
department of human JOB AND FAMILY services shall select control 51,522
groups of teens who are otherwise subject to the LEAP program 51,524
requirements.
(C) A teen who is participating in the LEAP program shall 51,527
be considered to be participating in a work activity for the 51,529
purpose of sections 5107.40 to 5107.69 of the Revised Code. 51,530
However, the teen is not subject to the requirements or sanctions 51,532
of those sections, unless the teen is over age eighteen and meets 51,534
the LEAP program requirements by participating regularly in work 51,535
1139
activities, developmental activities, or alternative work 51,537
activities under those sections. 51,538
Sec. 5107.40. As used in sections 5107.40 to 5107.69 of 51,547
the Revised Code:
(A) "Alternative work activity" means an activity designed 51,550
to promote self sufficiency and personal responsibility 51,551
established by a county department of human JOB AND FAMILY 51,552
services under section 5107.64 of the Revised Code. 51,553
(B) "Developmental activity" means an activity designed to 51,555
promote self sufficiency and personal responsibility established 51,556
by a county department of human JOB AND FAMILY services under 51,557
section 5107.62 of the Revised Code. 51,559
(C) "High school equivalence diploma" means a diploma 51,562
attesting to achievement of the equivalent of a high school 51,563
education as measured by scores obtained on the tests of general 51,564
educational development published by the American council on 51,566
education. "High school equivalence diploma" includes a 51,567
certificate of high school equivalence issued prior to January 1, 51,568
1994, attesting to the achievement of the equivalent of a high 51,569
school education as measured by scores obtained on tests of 51,570
general educational development. 51,571
(D) "Work activity" means the following: 51,574
(1) Unsubsidized employment activities established under 51,576
section 5107.60 of the Revised Code; 51,578
(2) The subsidized employment program established under 51,580
section 5107.52 of the Revised Code; 51,582
(3) The work experience program established under section 51,584
5107.54 of the Revised Code; 51,586
(4) On-the-job training activities established under 51,588
section 5107.60 of the Revised Code; 51,590
(5) The job search and readiness program established under 51,593
section 5107.50 of the Revised Code; 51,595
(6) Community service activities established under section 51,598
5107.60 of the Revised Code; 51,599
1140
(7) Vocational educational training activities established 51,602
under section 5107.60 of the Revised Code; 51,604
(8) Jobs skills training activities established under 51,606
section 5107.60 of the Revised Code that are directly related to 51,609
employment;
(9) Education activities established under section 5107.60 51,612
of the Revised Code that are directly related to employment for 51,614
participants of Ohio works first who have not earned a high 51,615
school diploma or high school equivalence diploma; 51,616
(10) Education activities established under section 51,618
5107.60 of the Revised Code for participants of Ohio works first 51,620
who have not completed secondary school or received a high school 51,622
equivalence diploma under which the participants attend a 51,623
secondary school or a course of study leading to a high school 51,624
equivalence diploma;
(11) Child-care service activities, including training, 51,626
established under section 5107.60 of the Revised Code to aid 51,627
another participant of Ohio works first assigned to a community 51,628
service activity or other work activity; 51,629
(12) The education program established under section 51,631
5107.58 of the Revised Code that are operated pursuant to a 51,634
federal waiver granted by the United States secretary of health 51,636
and human services pursuant to a request made under former 51,637
section 5101.09 of the Revised Code; 51,639
(13) Except as limited by division (C) of section 5107.30 51,641
of the Revised Code, the LEAP program established under that 51,644
section.
Sec. 5107.41. As soon as possible after an assistance 51,653
group submits an application to participate in Ohio works first, 51,654
the county department of human JOB AND FAMILY services that 51,655
receives the application shall schedule and conduct an appraisal 51,657
of each member of the assistance group who is a minor head of 51,658
household or adult. The appraisal may include an evaluation of 51,659
the employment, educational, physiological, and psychological 51,660
1141
abilities or liabilities, or both, of the minor head of household 51,661
or adult. At the appraisal, the county department shall develop
with the minor head of household or adult a plan for the 51,662
assistance group to achieve the goal of self sufficiency and 51,663
personal responsibility through unsubsidized employment within 51,664
the time limit for participating in the Ohio works first program 51,665
established by section 5107.18 of the Revised Code. The plan 51,668
shall include assignments to one or more work activities, 51,669
developmental activities, or alternative work activities in 51,670
accordance with section 5107.42 of the Revised Code. The county 51,672
department shall include the plan in the self-sufficiency 51,673
contract entered into under section 5107.14 of the Revised Code. 51,674
The county department shall conduct more appraisals of the 51,677
minor head of household or adult at times the county department 51,678
determines.
If the minor head of household or adult claims to have a 51,680
medically determinable physiological or psychological impairment, 51,682
illness, or disability, the county department may require that 51,683
the minor head of household or adult undergo an independent 51,684
medical or psychological examination at a time and place 51,685
reasonably convenient to the minor head of household or adult.
Sec. 5107.42. (A) Except as provided in divisions (B) and 51,695
(C) of this section, county departments of human JOB AND FAMILY 51,696
services shall assign each minor head of household and adult 51,697
participating in Ohio works first to one or more work activities 51,698
and developmental activities.
If a county department assigns a minor head of household or 51,701
adult to the work activity established under division (H) of
section 5107.60 of the Revised Code, the county department shall 51,704
make reasonable efforts to assign the minor head of household or 51,705
adult to at least one other work activity at the same time. If a 51,706
county department assigns a minor head of household or adult to 51,707
the work activity established under section 5107.58 of the 51,708
Revised Code, the county department shall assign the minor head 51,709
1142
of household or adult to at least one other work activity at the 51,710
same time.
A county department may not assign a minor head of 51,712
household or adult to a work activity established under division 51,713
(D) of section 5107.60 of the Revised Code for more than twelve 51,715
months.
(B) If a county department determines that a minor head of 51,718
household or adult has a temporary or permanent barrier to 51,719
participation in a work activity, it may assign the minor head of 51,720
household or adult to one or more alternative work activities 51,721
instead of assigning the minor head of household or adult to one 51,722
or more work activities or developmental activities. A county 51,723
department may not assign more than twenty per cent of minor 51,724
heads of household and adults participating in Ohio works first 51,725
to an alternative work activity. 51,726
County departments shall establish standards for 51,728
determining whether a minor head of household or adult has a 51,729
temporary or permanent barrier to participating in a work 51,730
activity. The following are examples of circumstances that a 51,731
county department may consider when it develops its standards: 51,733
(1) A minor head of household or adult provides the county 51,736
department documented evidence that one or more members of the 51,737
assistance group have been the victim of domestic violence and 51,738
are in imminent danger of suffering continued domestic violence; 51,739
(2) A minor head of household or adult is actively 51,742
participating in an alcohol or drug addiction program certified 51,743
by the department of alcohol and drug addiction services under 51,744
section 3793.06 of the Revised Code; 51,745
(3) An assistance group is homeless. 51,747
(C) A county department may exempt a minor head of 51,750
household or adult who is unmarried and caring for a minor child 51,751
under twelve months of age from the work requirements of sections 51,752
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 51,754
1143
be disregarded in determining whether the county department is 51,755
meeting the requirement of section 5107.44 of the Revised Code.
The county department shall assign the exempt minor head of 51,756
household or adult to at least one developmental activity for a 51,757
number of hours a week the county department determines. The 51,758
county department may assign the exempt minor head of household 51,759
or adult to one or more work activities, in addition to 51,760
developmental activities, for a number of hours the county 51,761
department determines. Division (B) of section 5107.43 of the 51,763
Revised Code does not apply to the exempt minor head of household 51,764
or adult.
(D) A county department may reassign a minor head of 51,766
household or adult when the county department determines 51,767
reassignment will aid the assistance group in achieving self 51,768
sufficiency and personal responsibility and shall make 51,769
reassignments when circumstances requiring reassignment occur, 51,770
including when a temporary barrier to participating in a work 51,771
activity is eliminated. 51,772
A county department shall include assignments in the 51,774
self-sufficiency contract entered into under section 5107.14 of 51,775
the Revised Code and shall amend the contract when a reassignment 51,777
is made to include the reassignment in the contract. 51,778
Sec. 5107.43. (A) After a minor head of household or 51,788
adult is assigned to a work activity, developmental activity, or 51,789
alternative work activity under section 5107.42 of the Revised 51,790
Code, a county department of human JOB AND FAMILY services shall 51,792
place the minor head of household or adult in the assigned 51,794
activity as soon as the activity becomes available. 51,795
(B)(1) Except as provided in rules adopted under section 51,797
5107.05 of the Revised Code, a minor head of household or adult 51,799
placed in one or more work activities or developmental activities 51,800
shall participate in the activities at least the following number 51,801
of hours each week as determined by the county department: 51,802
(a) In the case of a minor head of household or adult in 51,805
1144
an assistance group that includes only one adult, thirty hours; 51,806
(b) In the case of adults in an assistance group that 51,809
includes two adults, thirty-five hours between the two adults. 51,810
(2) Of the hours specified in division (B)(1) of this 51,813
section, a minor head of household or adult shall participate in 51,814
one or more work activities at least twenty hours a week. After 51,815
the minor head of household or adult has participated in a work 51,816
activity established under section 5107.58 of the Revised Code 51,817
for one thousand forty hours, the minor head of household or 51,818
adult may not participate in that work activity for more than 51,819
five hours a week. The minor head of household or adult may 51,820
participate in one or more developmental activities for up to ten 51,821
hours a week, including a developmental activity that is 51,823
identical to a work activity established under section 5107.58 of 51,824
the Revised Code.
(3) If a minor head of household or adult and county 51,826
department agree, the minor head of household or adult may 51,827
volunteer to participate in work activities and developmental 51,828
activities for more than the number of weekly hours the county 51,829
department determines under division (B)(1) of this section. 51,830
(C) A minor head of household or adult placed in one or 51,833
more alternative work activities shall participate in the 51,834
activities a number of hours each week a county department 51,835
determines.
Sec. 5107.44. County departments of human JOB AND FAMILY 51,844
services, on a statewide average basis, shall exceed the federal 51,847
minimum work activity participation rates established by section 51,848
407(a) of Title IV-A, 42 U.S.C.A. 607(a), by not less than five 51,850
percentage points.
Sec. 5107.50. There is hereby established, as a work 51,859
activity under Ohio works first, the job search and readiness 51,860
program under which applicants for and participants of Ohio works 51,861
first are trained in strategies and skills in obtaining 51,862
employment and engage in self-directed, job search activities. 51,863
1145
County departments of human JOB AND FAMILY services shall develop 51,865
and administer the program and may utilize the services of 51,866
private or government entities under contract with the county 51,867
department or the state department of human JOB AND FAMILY 51,868
services in operating the program. 51,870
A county department may assign a minor head of household or 51,873
adult applying for Ohio works first to the job search and
readiness program before the applicant's eligibility for Ohio 51,874
works first is determined. 51,875
An applicant or participant assigned to the job search and 51,877
readiness program may not participate in the program for more 51,878
than six weeks, unless the unemployment rate of the state is at 51,879
least fifty per cent greater than the unemployment rate of the 51,880
United States, in which case the applicant or participant may 51,883
participate in the program not more than twelve weeks. An 51,884
applicant or participant may not participate in the program more 51,885
than four consecutive weeks. For one time only per applicant or 51,886
participant, a county department shall consider the applicant or 51,887
participant to have participated in the program one week after 51,888
the applicant or participant participates for three or four, as 51,889
specified by the county department, days during the week. 51,890
Sec. 5107.52. (A) There is hereby established, as a work 51,900
activity under Ohio works first, the subsidized employment 51,901
program, under which private and government employers receive 51,903
payments from appropriations to the department of human JOB AND 51,904
FAMILY services for a portion of the costs of salaries, wages, 51,906
and benefits such employers pay to or on behalf of employees who 51,907
are participants of the subsidized employment program at the time 51,909
of employment.
(B) The director of human JOB AND FAMILY services may 51,911
redetermine rates of payments to employers under this section 51,912
annually.
(C) A state agency or political subdivision may create or 51,914
fill vacant full-time and part-time positions, including 51,915
1146
classified and unclassified positions for those positions that 51,916
are included in the civil service under Chapter 124. of the 51,918
Revised Code, for or with participants of the subsidized 51,919
employment program. The department DIRECTOR shall specify in 51,920
rules adopted under section 5107.05 of the Revised Code the 51,923
maximum amount of time the department will subsidize the 51,924
positions. After the subsidy expires, the agency or subdivision 51,925
may hire the participant for an unclassified position or as a 51,926
provisional employee in the classified civil service, if the 51,927
position is in the classified civil service, and the participant 51,928
shall become certified in the same manner as other provisional 51,929
employees. The director of administrative services may adopt 51,930
rules in accordance with Chapter 119. of the Revised Code 51,933
governing this division.
(D) Participants of the subsidized employment program for 51,937
whom payments are made under this section: 51,938
(1) Shall be considered regular employees of the employer, 51,940
entitled to the same employment benefits and opportunities for 51,941
advancement and affiliation with employee organizations that are 51,942
available to other regular employees of the employer, and the 51,943
employer shall pay premiums to the bureau of workers' 51,944
compensation on account of employees for whom payments are made; 51,945
(2) Shall be paid at the same rate as other employees 51,947
doing similar work for the employer. 51,948
(E) An agreement for employment of a subsidized employment 51,950
program participant by a private employer shall require that the 51,951
participant be given preference for any unsubsidized full-time 51,952
position with the employer that becomes available after the 51,953
participant completes any probationary or training period 51,954
specified in the agreement.
Sec. 5107.54. (A) There is hereby established, as a work 51,964
activity under Ohio works first, the work experience program. A 51,967
participant of Ohio works first placed in the program shall 51,969
receive work experience from private and government entities. 51,970
1147
Participants of Ohio works first assigned to the work 51,973
experience program are not employees of the state department of 51,974
human JOB AND FAMILY services or a county department of human JOB 51,976
AND FAMILY services. The operation of the work experience 51,979
program does not constitute the operation of an employment agency 51,980
by the state department of human JOB AND FAMILY services or a 51,981
county department of human JOB AND FAMILY services. 51,982
(B) County departments of human JOB AND FAMILY services 51,984
shall develop work projects to which participants of Ohio works 51,986
first are assigned under the work experience program. Work 51,987
projects may include assignments with private and government 51,988
entities. Examples of work projects a county department may 51,989
develop include unpaid internships, refurbishing publicly 51,990
assisted housing, and having a participant volunteer to work at 51,991
the head start agency in which the participant's minor child is 51,992
enrolled. Each county department shall make a list of the work 51,993
projects available to the public. 51,994
(C) Unless a county department of human JOB AND FAMILY 51,996
services pays the premiums for the entity, a private or 51,998
government entity with which a participant of Ohio works first is 52,000
placed in the work experience program shall pay premiums to the 52,002
bureau of workers' compensation on account of the participant.
Sec. 5107.541. A county department of human JOB AND FAMILY 52,011
services may contract with the chief administrator of a nonpublic 52,013
school or with any school district board of education that has 52,014
adopted a resolution under section 3319.089 of the Revised Code 52,015
to provide for a participant of the work experience program who 52,017
has a minor child enrolled in the nonpublic school or a public
school in the district to be assigned under the work experience 52,019
program to volunteer or work for compensation at the school in 52,020
which the child is enrolled. Unless it is not possible or 52,021
practical, a contract shall provide for a participant to 52,022
volunteer or work at the school as a classroom aide. If that is 52,023
impossible or impractical, the contract may provide for the 52,024
1148
participant to volunteer to work in another position at the 52,025
school. A contract may provide for the nonpublic school or board 52,027
of education to receive funding to pay for coordinating, 52,028
training, and supervising participants volunteering or working in 52,029
schools. 52,030
Notwithstanding section 3319.088 of the Revised Code, a 52,032
participant volunteering or working as a classroom aide under 52,033
this section is not required to obtain an educational aide permit 52,035
or paraprofessional license. The participant shall not be 52,036
considered an employee of a political subdivision for purposes of 52,037
Chapter 2744. of the Revised Code and is not entitled to any 52,039
immunity or defense available under that chapter, the common law
of this state, or section 9.86 of the Revised Code. 52,040
An assignment under this section shall include attending 52,043
academic home enrichment classes that provide instruction for
parents in creating a home environment that prepares and enables 52,044
children to learn at school. 52,045
Sec. 5107.58. In accordance with a federal waiver granted 52,055
by the United States secretary of health and human services 52,056
pursuant to a request made under former section 5101.09 of the 52,057
Revised Code, county departments of human JOB AND FAMILY services 52,058
may establish and administer as a work activity for minor heads 52,059
of households and adults participating in Ohio works first an 52,061
education program under which the participant is enrolled 52,062
full-time in post-secondary education leading to vocation at a 52,064
state institution of higher education, as defined in section
3345.031 of the Revised Code; a private nonprofit college or 52,066
university that possesses a certificate of authorization issued 52,067
by the Ohio board of regents pursuant to Chapter 1713. of the 52,069
Revised Code, or is exempted by division (E) of section 1713.02 52,072
of the Revised Code from the requirement of a certificate; a 52,073
school that holds a certificate of registration and program 52,074
authorization issued by the state board of proprietary school 52,075
registration under Chapter 3332. of the Revised Code; or a school 52,078
1149
that has entered into a contract with the county department of
human JOB AND FAMILY services. The participant shall make 52,080
reasonable efforts, as determined by the county department, to 52,081
obtain a loan, scholarship, grant, or other assistance to pay for 52,082
the tuition, including a federal Pell grant under 20 U.S.C.A. 52,085
1070a and an Ohio instructional grant under section 3333.12 of 52,088
the Revised Code. If the participant has made reasonable efforts
but is unable to obtain sufficient assistance to pay the tuition 52,089
the program may pay the tuition. On or after October 1, 1998, 52,090
the county department may enter into a loan agreement with the 52,092
participant to pay the tuition. The total period for which 52,093
tuition is paid and loans made shall not exceed two years. If 52,094
the participant, pursuant to division (B)(3) of section 5107.43 52,095
of the Revised Code, volunteers to participate in the education 52,098
program for more hours each week than the participant is assigned 52,099
to the program, the program may pay or the county department may 52,100
loan the cost of the tuition for the additional voluntary hours 52,101
as well as the cost of the tuition for the assigned number of 52,102
hours. The participant may receive, for not more than three 52,104
years, support services, including publicly funded child day-care 52,105
under Chapter 5104. of the Revised Code and transportation, that
the participant needs to participate in the program. To receive 52,106
support services in the third year, the participant must be, as 52,107
determined by the educational institution in which the 52,108
participant is enrolled, in good standing with the institution. 52,109
A county department that provides loans under this section 52,111
shall establish procedures governing loan application for and 52,112
approval and administration of loans granted pursuant to this 52,113
section.
Sec. 5107.60. In accordance with Title IV-A, federal 52,123
regulations, state law, the Title IV-A state plan prepared under 52,125
section 5101.80 of the Revised Code, and amendments to the plan, 52,126
county departments of human JOB AND FAMILY services shall 52,127
establish and administer the following work activities, in 52,129
1150
addition to the work activities established under sections 52,130
5107.50, 5107.52, 5107.54, and 5107.58 of the Revised Code, for 52,131
minor heads of households and adults participating in Ohio works 52,132
first:
(A) Unsubsidized employment activities, including 52,135
activities a county department determines are legitimate 52,136
entrepreneurial activities;
(B) On-the-job training activities, including training to 52,139
become an employee of a child day-care center or type A family 52,141
day-care home, authorized provider of a certified type B family 52,142
day-care home, or in-home aide;
(C) Community service activities including a program under 52,146
which a participant of Ohio works first who is the parent, 52,147
guardian, custodian, or specified relative responsible for the 52,148
care of a minor child enrolled in grade twelve or lower is 52,149
involved in the minor child's education on a regular basis; 52,150
(D) Vocational educational training activities; 52,152
(E) Jobs skills training activities that are directly 52,155
related to employment;
(F) Education activities that are directly related to 52,158
employment for participants who have not earned a high school 52,159
diploma or high school equivalence diploma; 52,160
(G) Education activities for participants who have not 52,163
completed secondary school or received a high school equivalence 52,164
diploma under which the participants attend a secondary school or 52,165
a course of study leading to a high school equivalence diploma; 52,166
(H) Child-care service activities aiding another 52,169
participant assigned to a community service activity or other 52,170
work activity. A county department may provide for a participant 52,171
assigned to this work activity to receive training necessary to
provide child-care services. 52,172
Sec. 5107.62. County departments of human JOB AND FAMILY 52,181
services shall establish and administer developmental activities 52,183
for minor heads of households and adults participating in Ohio 52,184
1151
works first. In establishing developmental activities, county 52,185
departments are not limited by the restrictions that Title IV-A 52,187
imposes on work activities. Developmental activities may be 52,188
identical or similar to, or different from, work activities and 52,189
alternative work activities. 52,190
In accordance with a federal waiver granted by the United 52,192
States secretary of health and human services pursuant to a 52,194
request made under former section 5101.09 of the Revised Code, a 52,195
county department may establish and administer a developmental 52,196
activity under which a minor head of household or adult attends a 52,197
school, special education program, or adult high school 52,198
continuation program that conforms to the minimum standards 52,199
prescribed by the state board of education or instructional 52,200
courses designed to prepare the minor head of household or adult 52,201
to earn a high school equivalence diploma. Pursuant to the 52,202
waiver, a minor head of household or adult assigned to this 52,203
developmental activity is required to earn a high school diploma, 52,204
adult education diploma, or high school equivalence diploma not 52,205
later than two years after the date the minor head of household 52,206
or adult is placed in the activity. 52,207
Sec. 5107.64. County departments of human JOB AND FAMILY 52,216
services shall establish and administer alternative work 52,218
activities for minor heads of households and adults participating 52,219
in Ohio works first. In establishing alternative work 52,220
activities, county departments are not limited by the 52,221
restrictions Title IV-A imposes on work activities. The 52,223
following are examples of alternative work activities that a 52,224
county department may establish: 52,225
(A) Parenting classes and life-skills training; 52,228
(B) Participation in an alcohol or drug addiction program 52,231
certified by the department of alcohol and drug addiction 52,232
services under section 3793.06 of the Revised Code; 52,234
(C) In the case of a homeless assistance group, finding a 52,237
home;
1152
(D) In the case of a minor head of household or adult with 52,240
a disability, active work in an individual written rehabilitation 52,241
plan with the rehabilitation services commission; 52,242
(E) In the case of a minor head of household or adult who 52,245
has been the victim of domestic violence, residing in a domestic 52,246
violence shelter, receiving counseling or treatment related to 52,247
the domestic violence, or participating in criminal justice 52,248
activities against the domestic violence offender; 52,249
(F) An education program under which a participant who 52,251
does not speak English attends English as a second language 52,252
course.
Sec. 5107.65. (A)(1) No participant of Ohio works first 52,261
shall be assigned to a work activity, developmental activity, or 52,262
alternative work activity when the employer removes or discharges 52,263
a person, for the purpose of substituting the participant in the 52,264
person's place, in any of the following circumstances: 52,265
(a) The person is already employed as a regular full-time 52,268
or part-time employee of the employer;
(b) The person has been employed full time or part time as 52,271
a participant in a work activity, developmental activity, or 52,272
alternative work activity;
(c) The person is or has been involved in a dispute 52,275
between a labor organization and the employer;
(d) The person is on layoff from the same or any 52,277
substantially equivalent job. 52,278
(B) No employer shall hire a participant of Ohio works 52,280
first part-time to circumvent hiring a full-time employee. 52,282
(C) County departments of human JOB AND FAMILY services 52,284
shall establish and maintain a grievance procedure for resolving 52,285
complaints by individuals or their representatives that the 52,286
assignment of a participant of Ohio works first violates this 52,287
section. 52,288
Sec. 5107.66. Subject to the availability of funds and 52,298
except as limited by section 5107.58 of the Revised Code, county 52,299
1153
departments of human JOB AND FAMILY services shall provide for 52,302
participants of Ohio works first placed in a work activity,
developmental activity, or alternative work activity to receive 52,303
support services the county department determines to be 52,304
necessary. County departments may provide for applicants of Ohio 52,305
works first placed in the work activity established under section 52,306
5107.50 of the Revised Code to receive support services the 52,307
county department determines to be necessary. Support services 52,308
may include publicly funded child day-care under Chapter 5104. of 52,310
the Revised Code, transportation, and other services. 52,311
Sec. 5107.68. (A) The county directors of human JOB AND 52,321
FAMILY services shall implement and enforce the requirements of 52,323
sections 5107.40 to 5107.69 of the Revised Code. State and local 52,325
agencies shall cooperate with county departments of human JOB AND 52,327
FAMILY services to the maximum extent possible in the 52,328
implementation of those sections. 52,329
(B) In employing persons to administer and supervise work 52,331
activities, developmental activities, and alternative work 52,333
activities under Ohio works first, a county department of human 52,335
JOB AND FAMILY services shall give first consideration to 52,337
applicants for and participants of Ohio works first, provided 52,338
such applicants and participants qualify for the administrative 52,341
and supervisory positions to be filled. An applicant or 52,342
participant shall be eligible for first consideration only within 52,344
the county in which the applicant applies for or participant 52,345
participates in Ohio works first. 52,346
(C) To the maximum extent practicable, necessary support 52,348
services provided under section 5107.66 of the Revised Code shall 52,350
be performed by participants of Ohio works first placed in a work 52,352
activity, developmental activity, or alternative work activity. 52,353
Sec. 5107.69. If the United States secretary of health and 52,362
human services informs the department of human JOB AND FAMILY 52,363
services that implementation of sections 5107.40 to 5107.69 of 52,364
the Revised Code jeopardizes federal funding for the Ohio works 52,365
1154
first program, the department shall ensure that county 52,366
departments of human JOB AND FAMILY services require minor heads 52,368
of household and adults participating in Ohio works first to 52,370
participate in work activities, developmental activities, and 52,371
alternative work activities in a manner consistent with 42 52,372
U.S.C.A. 607.
Sec. 5107.70. A county department of human JOB AND FAMILY 52,381
services, at times it determines, may conduct assessments of 52,383
assistance groups participating in Ohio works first to determine 52,384
whether any members of the group are in need of other assistance 52,385
or services provided by the county department or other private or 52,386
government entities. Assessments may include the following: 52,387
(A) Whether any member of the assistance group has a 52,390
substance abuse problem;
(B) Whether there are any other circumstances that may 52,393
limit an assistance group member's employability. 52,394
At the first assessment conducted by the county department, 52,396
it shall inquire as to whether any member of an assistance group 52,397
is the victim of domestic violence, including child abuse. The 52,398
county department shall provide this information to the state 52,399
department of human JOB AND FAMILY services. The state 52,400
department shall maintain the information for statistical 52,401
analysis purposes. 52,402
The county department may refer an assistance group member 52,405
to a private or government entity that provides assistance or 52,406
services the county department determines the member needs. The 52,407
entity may be a public children services agency, chapter of 52,408
alcoholics anonymous, narcotics anonymous, or cocaine anonymous, 52,409
or any other entity the county department considers appropriate. 52,410
Sec. 5107.72. Each county department of human JOB AND 52,419
FAMILY services shall refer a parent participating in Ohio works 52,422
first whose minor child is a member of the parent's assistance 52,423
group to any private or public agency, medical doctor, clinic, or 52,425
other person or organization which can advise the parent on 52,426
1155
methods of controlling the size and spacing of the parent's 52,427
family, consistent with the parent's religious and moral views. 52,429
A county department shall document each referral it makes under 52,432
this section.
Sec. 5107.76. As used in this section, "erroneous 52,442
payments" means payments of cash assistance made under Ohio works 52,443
first to assistance groups not eligible to receive the 52,444
assistance, including assistance paid as a result of 52,446
misrepresentation or fraud and assistance paid due to an error by 52,448
a member of an assistance group or a county department of human 52,449
JOB AND FAMILY services.
Except as provided in rules adopted under section 5107.05 52,451
of the Revised Code, each county department of human JOB AND 52,452
FAMILY services shall take action to recover erroneous payments. 52,454
Action may include reducing payments of cash assistance made 52,455
under Ohio works first to assistance groups that receive 52,457
erroneous payments or instituting a civil action. If a minor 52,458
child was a member of an assistance group that received an 52,460
erroneous payment but becomes a member of a new assistance group 52,461
that does not include a minor head of household or adult who also 52,462
was a member of the previous assistance group, a county 52,463
department shall not take action against the new assistance group 52,464
to recover the erroneous payment the previous assistance group 52,465
received.
Each county department of human JOB AND FAMILY services 52,467
shall retain fifty per cent of the nonfederal share of the 52,469
erroneous payments it, prior to October 1, 1996, determines 52,471
occurred under this section, regardless of when recovery is made. 52,472
The department of human JOB AND FAMILY services shall receive the 52,474
remaining fifty per cent of the nonfederal share of those 52,475
payments. Each county department shall retain twenty-five per 52,476
cent of erroneous payments it, on or after October 1, 1996, 52,477
determines occurred and recovers and the state department shall 52,479
receive the remaining seventy-five per cent.
1156
Sec. 5107.78. The department of human JOB AND FAMILY 52,488
services shall include a notice with the following information 52,490
with each cash assistance payment provided under Ohio works first 52,492
to an assistance group residing in a county in which the computer 52,494
system known as support enforcement tracking system is in
operation: 52,495
(A) The number of months the assistance group has 52,498
participated in Ohio works first and the remaining number of 52,499
months the assistance group may participate in the program as 52,500
limited by section 5107.18 of the Revised Code; 52,502
(B) The amount of support payments due a member of the 52,505
assistance group that a child support enforcement agency
collected and paid to the department pursuant to section 5107.20 52,506
of the Revised Code during the most recent month for which the 52,508
department has this information. 52,509
Sec. 5108.02. There is hereby established the prevention, 52,518
retention, and contingency program. The department of human JOB 52,519
AND FAMILY services shall administer the program, as long as 52,520
federal funds are provided for the program, in accordance with 52,521
Title IV-A, federal regulations, state law, the state Title IV-A 52,522
plan submitted to the United States secretary of health and human 52,523
services under section 5101.80 of the Revised Code, and 52,524
amendments to the plan. 52,525
Sec. 5108.07. The department of human JOB AND FAMILY 52,534
services shall develop a model design for the prevention, 52,536
retention, and contingency program that county departments of 52,537
human JOB AND FAMILY services may adopt under section 5108.08 of 52,540
the Revised Code. The model design must be consistent with Title 52,541
IV-A, federal regulations, state law, the Title IV-A state plan 52,543
submitted to the United States secretary of health and human 52,544
services under section 5101.80 of the Revised Code, and 52,545
amendments to the plan. The department shall not adopt NO rules 52,547
SHALL BE ADOPTED to develop the model design. The department 52,548
shall provide each county department a written copy of the model 52,549
1157
design.
Sec. 5108.08. Each county department of human JOB AND 52,558
FAMILY services shall either adopt the model design for the 52,561
prevention, retention, and contingency program the state 52,562
department of human JOB AND FAMILY services develops under 52,563
section 5108.07 of the Revised Code or develop its own policies 52,565
for the program. To develop its own policies, a county 52,566
department shall adopt a written statement of the policies 52,567
governing the program. The policies may be a modification of the 52,568
model design, different from the model design, or a combination. 52,569
The policies shall establish or specify eligibility requirements, 52,570
assistance or services to be provided under the program, 52,571
administrative requirements, and other matters the county 52,572
department determines necessary. A county department may amend 52,573
its statement of policies to modify, terminate, and establish new 52,574
policies. The policies must be consistent with Title IV-A, 52,576
federal regulations, state law, the Title IV-A state plan 52,579
submitted to the United States secretary of health and human 52,580
services under section 5101.80 of the Revised Code, and 52,581
amendments to the plan.
A county department OF JOB AND FAMILY SERVICES shall inform 52,583
the state department OF JOB AND FAMILY SERVICES of whether it has 52,586
adopted the model design or developed its own policies for the 52,587
prevention, retention, and contingency program. If a county 52,588
department develops its own policies, it shall provide the state 52,589
department a written copy of the statement of policies and any 52,590
amendments it adopts to the statement. 52,591
Sec. 5108.09. When a state hearing under division (B) of 52,601
section 5101.35 of the Revised Code or an administrative appeal 52,604
under division (C) of that section is held regarding the 52,605
prevention, retention, and contingency program, the hearing 52,606
officer, director of human JOB AND FAMILY services, or director's 52,607
designee shall base the decision in the hearing or appeal on the 52,608
following:
1158
(A) If the county department of human JOB AND FAMILY 52,610
services involved in the hearing or appeal adopted the state 52,612
department of human JOB AND FAMILY services' model design for the 52,613
program developed under section 5108.07 of the Revised Code, the 52,615
model design;
(B) If the county department developed its own policies 52,617
for the program, the county department's written statement of 52,618
policies adopted under section 5108.08 of the Revised Code and 52,620
any amendments the county department adopted to the statement. 52,621
Sec. 5108.10. An assistance group seeking to participate 52,630
in the prevention, retention, and contingency program shall apply 52,632
to a county department of human JOB AND FAMILY services using an 52,633
application containing information the county department 52,635
requires.
When a county department receives an application for 52,637
participation in the prevention, retention, and contingency 52,638
program, it shall promptly make an investigation and record of 52,639
the circumstances of the applicant in order to ascertain the 52,640
facts surrounding the application and to obtain such other 52,641
information as may be required. On completion of the 52,642
investigation, the county department shall determine whether the 52,643
applicant is eligible to participate, the assistance or services 52,644
the applicant should receive, and the approximate date when 52,645
participation is to begin. 52,646
Sec. 5111.01. As used in this chapter, "medical assistance 52,655
program" or "medicaid" means the program that is authorized by 52,657
this section and provided by the department of human JOB AND 52,659
FAMILY services under this chapter, Title XIX of the "Social 52,661
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, 52,662
and the waivers of Title XIX requirements granted to the 52,664
department by the health care financing administration of the 52,665
United States department of health and human services. 52,668
(A) The department of human JOB AND FAMILY services may 52,670
provide medical assistance under the medicaid program as long as 52,672
1159
federal funds are provided for such assistance, to the following: 52,673
(1) Families with children that meet either of the 52,676
following conditions: 52,677
(a) The family meets the income, resource, and family 52,680
composition requirements in effect on July 16, 1996, for the 52,681
former aid to dependent children program as those requirements 52,682
were established by Chapter 5107. of the Revised Code, federal 52,685
waivers granted pursuant to requests made under former section 52,686
5101.09 of the Revised Code, and rules adopted by the department 52,689
or any changes the department makes to those requirements in
accordance with paragraph (a)(2) of section 114 of the "Personal 52,691
Responsibility and Work Opportunity Reconciliation Act of 1996," 52,692
110 Stat. 2177, 42 U.S.C.A. 1396u-1, for the purpose of 52,694
implementing section 5111.019 of the Revised Code. An adult 52,695
loses eligibility for medical assistance under division (A)(1)(a) 52,698
of this section pursuant to division (E) of section 5107.16 of 52,700
the Revised Code. 52,702
(b) The family does not meet the requirements specified in 52,705
division (A)(1)(a) of this section but is eligible for medical 52,708
assistance pursuant to section 5101.18 of the Revised Code. 52,709
(2) Aged, blind, and disabled persons who meet the 52,711
following conditions: 52,712
(a) Receive federal aid under Title XVI of the "Social 52,714
Security Act," or are eligible for but are not receiving such 52,715
aid, provided that the income from all other sources for 52,716
individuals with independent living arrangements shall not exceed 52,717
one hundred seventy-five dollars per month. The income standards 52,718
hereby established shall be adjusted annually at the rate that is 52,719
used by the United States department of health and human services 52,721
to adjust the amounts payable under Title XVI. 52,722
(b) Do not receive aid under Title XVI, but meet any of 52,724
the following criteria: 52,725
(i) Would be eligible to receive such aid, except that 52,727
their income, other than that excluded from consideration as 52,728
1160
income under Title XVI, exceeds the maximum under division 52,729
(A)(2)(a) of this section, and incurred expenses for medical 52,730
care, as determined under federal regulations applicable to 52,731
section 209(b) of the "Social Security Amendments of 1972," 86 52,732
Stat. 1381, 42 U.S.C.A. 1396a(f), as amended, equal or exceed the 52,733
amount by which their income exceeds the maximum under division 52,734
(A)(2)(a) of this section; 52,735
(ii) Received aid for the aged, aid to the blind, or aid 52,737
for the permanently and totally disabled prior to January 1, 52,738
1974, and continue to meet all the same eligibility requirements; 52,739
(iii) Are eligible for medical assistance pursuant to 52,741
section 5101.18 of the Revised Code. 52,742
(3) Persons to whom federal law requires, as a condition 52,744
of state participation in the medicaid program, that medical 52,745
assistance be provided; 52,746
(4) Persons under age twenty-one who meet the income 52,748
requirements for the Ohio works first program established under 52,749
Chapter 5107. of the Revised Code but do not meet other 52,751
eligibility requirements for the program. The department 52,753
DIRECTOR shall adopt rules in accordance with Chapter 119. of the 52,755
Revised Code specifying which Ohio works first requirements shall 52,757
be waived for the purpose of providing medicaid eligibility under 52,759
division (A)(4) of this section.
(B) If funds are appropriated for such purpose by the 52,761
general assembly, the department may provide medical assistance 52,762
to persons in groups designated by federal law as groups to which 52,764
a state, at its option, may provide medical assistance under the 52,765
medicaid program.
(C) The department may expand eligibility for medical 52,768
assistance to include individuals under age nineteen with family 52,769
incomes at or below one hundred fifty per cent of the federal 52,770
poverty guidelines, except that the eligibility expansion shall 52,771
not occur unless the department receives the approval of the 52,772
federal government. The department may implement the eligibility 52,773
1161
expansion authorized under this division on any date selected by 52,774
the department, but not sooner than January 1, 1998. 52,776
(D) In addition to any other authority or requirement to 52,779
adopt rules under this chapter, the department DIRECTOR may adopt 52,780
rules in accordance with section 111.15 of the Revised Code as it 52,783
THE DIRECTOR considers necessary to establish standards, 52,784
procedures, and other requirements regarding the provision of 52,785
medical assistance. The rules may establish requirements to be 52,786
followed in applying for medical assistance, making 52,787
determinations of eligibility for medical assistance, and
verifying eligibility for medical assistance. The rules may 52,788
include special conditions as the department determines 52,789
appropriate for making applications, determining eligibility, and 52,791
verifying eligibility for any medical assistance that the
department may provide pursuant to division (C) of this section 52,793
and section 5111.014 or 5111.019 of the Revised Code.
Sec. 5111.011. (A) As used in this section: 52,802
(1) "Nursing facility" means a facility defined as a 52,804
nursing facility under Sec. 1919 of the "Social Security Act," 49 52,805
Stat. 620 (1935), 42 U.S.C. 1396r, as amended. 52,806
(2) "Institutionalized individual" means an individual who 52,808
is a patient in a nursing facility or who receives home and 52,809
community-based services under a federal waiver granted the 52,810
department of human JOB AND FAMILY services under 42 U.S.C. 52,811
1396a(10)(A)(ii)(VI). 52,812
(B) Subject to this section, the department DIRECTOR of 52,814
human JOB AND FAMILY services shall, pursuant to section 111.15 52,815
of the Revised Code, adopt rules establishing eligibility 52,817
requirements for the medical assistance program and defining, 52,818
consistent with federal law, the term "resources" as used in this 52,819
section.
(C) In determining eligibility for medical assistance, the 52,821
value of real property of aged, blind, or disabled persons used 52,823
as a homestead by such persons shall be the maximum allowed under 52,824
1162
Title XVI of the "Social Security Act." 52,825
(D) Except as provided in division (G) of this section, no 52,829
person is eligible for medical assistance if on or prior to 52,830
December 31, 1989, the person has transferred real or personal 52,831
property for the purpose of securing medical assistance under
section 5111.01 of the Revised Code and the transfer occurred 52,832
during the two years preceding the person's application. In 52,833
order to secure compliance with this division, the director of 52,834
human JOB AND FAMILY services shall require all applicants for 52,835
assistance to submit true and correct copies of any federal 52,836
income or gift tax form or schedule filed, singly or jointly, by 52,837
the applicant during the preceding five taxable years. Such 52,838
copies, and the information disclosed thereon, shall be used 52,839
solely for the purpose of determining the probability of whether 52,840
the applicant has transferred assets in violation of this 52,841
division. The director shall provide for the confidentiality and 52,842
return of any copies of forms or schedules submitted under this 52,843
division. Where such copies reveal the probability that an 52,844
applicant has transferred assets in violation of this division, a 52,845
presumption arises that the applicant has transferred assets in 52,846
violation of this division, and the director shall deny the 52,847
application until the applicant submits a true and accurate 52,848
expenditure statement to the director that shows the applicant 52,849
did not violate this division. The director of human JOB AND 52,850
FAMILY services shall adopt rules to implement this provision. 52,851
(E)(1) Except as provided in division (G) of this section, 52,854
an institutionalized individual who is otherwise eligible for 52,855
medical assistance shall be ineligible for nursing facility 52,856
services or services provided under a home and community-based 52,857
waiver for a period specified in rules adopted under division 52,858
(E)(2) of this section if the institutionalized individual, on or 52,859
after January 1, 1990, transfers resources for less than fair 52,860
market value at any time during or after a period of time, as 52,861
specified in rules adopted under division (E)(2) of this section, 52,862
1163
immediately prior to either of the following: 52,863
(a) The date the individual becomes an institutionalized 52,865
individual if the individual is eligible for medical assistance 52,867
on that date;
(b) The date the individual applies for medical assistance 52,869
while an institutionalized individual. 52,870
(2) The department DIRECTOR shall adopt rules specifying, 52,872
for the purpose of division (E)(1) of this section, the period of 52,874
time preceding institutionalization or application for medical 52,875
assistance during which transfers of assets for less than fair 52,876
market value are prohibited and the length of the resulting 52,877
period of ineligibility. The period of ineligibility shall begin 52,878
with the month in which the resources were transferred. The 52,879
rules shall be consistent with Title XIX of the "Social Security 52,880
Act. The department shall allow exceptions to the period of 52,881
ineligibility to the extent that exceptions are permitted by that 52,882
title. An exception based on undue hardship to the 52,883
institutionalized individual shall be allowed only so long as the 52,884
individual cooperates with the department or the county 52,885
department of human JOB AND FAMILY services in securing the 52,887
return of transferred resources. 52,888
(3) To secure compliance with this division, the 52,890
department may require applicants for and recipients of medical 52,891
assistance, as a condition of eligibility, to provide 52,892
documentation of their income and resources up to five years 52,893
prior to the time of application. Documentation may include, but 52,894
is not limited to, tax returns, records from financial 52,895
institutions, and real property records. 52,896
(F) The department DIRECTOR shall, by rule adopted in 52,898
accordance with section 111.15 of the Revised Code, establish 52,900
standards consistent with federal law for allocating income and 52,901
resources as income and resources of the spouse, children, 52,902
parents, or stepparents of a recipient of or applicant for 52,903
medical assistance. Notwithstanding any provision of state law, 52,904
1164
including statutes, administrative rules, common law, and court 52,905
rules, regarding real or personal property or domestic relations, 52,906
the standards established under this division shall be used to 52,907
determine eligibility for medical assistance. 52,908
(G) The department DIRECTOR may, by rule adopted in 52,911
accordance with section 111.15 of the Revised Code, exempt 52,913
individuals who apply for or receive any medical assistance that 52,914
may be provided pursuant to division (C) of section 5111.01 of 52,916
the Revised Code from some or all of the requirements of this 52,918
section.
Sec. 5111.012. The county department of human JOB AND 52,927
FAMILY services of each county shall establish the eligibility 52,930
for medical assistance of persons living in the county, and shall 52,932
notify the department of human JOB AND FAMILY services in the 52,933
manner prescribed by the department. The county shall be 52,935
reimbursed for administrative expenditures in accordance with 52,936
sections 5101.16, 5101.161, and 5701.01 of the Revised Code. 52,938
Expenditures for medical assistance shall be made from funds 52,940
appropriated to the department of human JOB AND FAMILY services
for public assistance subsidies. The program shall conform to 52,942
the requirements of the "Social Security Act," 49 Stat. 620 52,944
(1935), 42 U.S.C.A. 301, as amended.
Sec. 5111.013. (A) The provision of medical assistance to 52,953
pregnant women and young children who are eligible for medical 52,954
assistance under division (A)(3) of section 5111.01 of the 52,955
Revised Code, but who are not otherwise eligible for medical 52,956
assistance under that section, shall be known as the healthy 52,957
start program. 52,958
(B) The department of human JOB AND FAMILY services shall 52,960
do all of the following with regard to the application procedures 52,961
for the healthy start program and the Ohio children's health care 52,962
program: 52,963
(1) Establish a short application form for each or both 52,965
programs THE PROGRAM that requires the applicant to provide no 52,966
1165
more information than is necessary for making determinations of 52,967
eligibility for the healthy start or Ohio children's health care 52,968
program, except that the form may require applicants to provide 52,969
their social security numbers. The form shall include a 52,970
statement, which must be signed by the applicant, indicating that 52,971
she does not choose at the time of making application for the 52,972
program to apply for assistance provided under any other program 52,973
administered by the department and that she understands that she 52,974
is permitted at any other time to apply at the county department 52,975
of human JOB AND FAMILY services of the county in which she 52,976
resides for any other assistance administered by the department. 52,978
(2) To the extent permitted by federal law, do one or both 52,980
of the following: 52,981
(a) Distribute the application form for the programs 52,983
PROGRAM to each public or private entity that serves as a women, 52,984
infants, and children clinic or as a child and family health 52,985
clinic and to each administrative body for such clinics and train 52,986
employees of each such agency or entity to provide applicants 52,987
assistance in completing the form; 52,988
(b) In cooperation with the department of health, develop 52,990
arrangements under which employees of county departments of human 52,991
JOB AND FAMILY services are stationed at public or private 52,993
agencies or entities selected by the department of human JOB AND 52,994
FAMILY services that serve as women, infants, and children 52,996
clinics; child and family health clinics; or administrative 52,997
bodies for such clinics for the purpose both of assisting 52,998
applicants for the programs PROGRAM in completing the application 52,999
form and of making determinations at that location of eligibility 53,000
for the programs PROGRAM.
(3) Establish performance standards by which a county 53,002
department of human JOB AND FAMILY services' level of enrollment 53,003
of persons potentially eligible for each THE program can be 53,005
measured, and establish acceptable levels of enrollment for each 53,006
county department.
1166
(4) Direct any county department of human JOB AND FAMILY 53,008
services whose rate of enrollment of potentially eligible 53,011
enrollees in either THE program is below acceptable levels 53,013
established under division (B)(3) of this section to implement 53,014
corrective action. Corrective action may include but is not 53,015
limited to any one or more of the following to the extent 53,016
permitted by federal law:
(a) Establishing formal referral and outreach methods with 53,018
local health departments and local entities receiving funding 53,019
through the bureau of maternal and child health; 53,020
(b) Designating a specialized intake unit within the 53,022
county department for healthy start and Ohio health care program 53,024
applicants;
(c) Establishing abbreviated timeliness requirements to 53,026
shorten the time between receipt of an application and the 53,027
scheduling of an initial application interview; 53,028
(d) Establishing a system for telephone scheduling of 53,030
intake interviews for applicants; 53,031
(e) Establishing procedures to minimize the time an 53,033
applicant must spend in completing the application and 53,034
eligibility determination process, including permitting 53,035
applicants to complete the process at times other than the 53,036
regular business hours of the county department and at locations 53,038
other than the offices of the county department. 53,039
(C) To the extent permitted by federal law, local funds, 53,041
whether from public or private sources, expended by a county 53,042
department for administration of the healthy start and Ohio 53,044
children's health care programs PROGRAM shall be considered to 53,045
have been expended by the state for the purpose of determining 53,047
the extent to which the state has complied with any federal 53,048
requirement that the state provide funds to match federal funds 53,049
for medical assistance, except that this division shall not 53,050
affect the amount of funds the county is entitled to receive 53,052
under section 5101.16, 5101.161, or 5111.012 of the Revised Code. 53,054
1167
(D) The director of human JOB AND FAMILY services shall do 53,056
one or both of the following: 53,057
(1) To the extent that federal funds are provided for such 53,059
assistance, adopt a plan for granting presumptive eligibility for 53,060
pregnant women applying for healthy start; 53,061
(2) To the extent permitted by federal medicaid 53,063
regulations, adopt a plan for making same-day determinations of 53,064
eligibility for pregnant women applying for healthy start. 53,065
(E) A county department of human JOB AND FAMILY services 53,067
that maintains offices at more than one location shall accept 53,069
applications for the healthy start program and the Ohio 53,071
children's health care program at all of those locations. 53,072
(F) The director of human JOB AND FAMILY services shall 53,074
adopt rules in accordance with section 111.15 of the Revised Code 53,076
as necessary to implement this section. 53,077
Sec. 5111.014. (A) The director of human JOB AND FAMILY 53,086
services shall submit to the United States secretary of health 53,088
and human services an amendment to the state medicaid plan to 53,089
make an individual who meets all of the following requirements 53,090
eligible for medicaid:
(1) The individual is pregnant; 53,092
(2) The individual's family income does not exceed one 53,094
hundred fifty per cent of the federal poverty guidelines; 53,095
(3) The individual satisfies all relevant requirements 53,097
established by rules adopted under division (D) of section 53,098
5111.01 of the Revised Code.
(B) If approved by the United States secretary of health 53,101
and human services, the director of human JOB AND FAMILY services 53,102
shall implement the medicaid plan amendment submitted under 53,103
division (A) of this section as soon as possible after receipt of 53,104
notice of the approval, but not sooner than January 1, 2000. 53,105
Sec. 5111.015. (A) If the United States secretary of 53,114
health and human services grants a waiver of any contrary federal 53,115
requirements governing the medical assistance program or the 53,116
1168
director of human JOB AND FAMILY services determines that there 53,117
are no contrary federal requirements, divisions (A)(1) and (2) of 53,119
this section apply to determinations of eligibility under this 53,120
chapter:
(1) In determining the eligibility of an assistance group 53,122
for assistance under this chapter, the department of human JOB 53,123
AND FAMILY services shall exclude from the income and resources 53,124
applicable to the assistance group the value of any tuition 53,125
payment contract entered into under section 3334.09 of the 53,126
Revised Code or any scholarship awarded under section 3334.18 of 53,127
the Revised Code and the amount of payments made by the Ohio 53,128
tuition trust authority under section 3334.09 of the Revised Code 53,129
pursuant to the contract or scholarship. 53,130
(2) The department shall not require any person to 53,132
terminate a tuition payment contract entered into under Chapter 53,133
3334. of the Revised Code as a condition of an assistance group's 53,134
eligibility for assistance under this chapter. 53,135
(B) To the extent required by federal law, the department 53,137
shall include as income any refund paid under section 3334.10 of 53,138
the Revised Code to a member of the assistance group. 53,139
(C) Not later than sixty days after the effective date of 53,141
this section JULY 1, 1994, the department shall apply to the 53,143
United States department of health and human services for a 53,144
waiver of any federal requirements that otherwise would be 53,145
violated by implementation of division (A) of this section. 53,146
Sec. 5111.016. As used in this section, "healthcheck" has 53,155
the same meaning as in section 3313.714 of the Revised Code. 53,156
In accordance with federal law and regulations, the 53,158
department of human JOB AND FAMILY services shall establish a 53,159
combination of written and oral methods designed to provide 53,161
information about healthcheck to all persons eligible for the 53,162
program or their parents or guardians. The department shall 53,163
ensure that its methods of providing information are effective. 53,164
Each county department of human JOB AND FAMILY services or 53,166
1169
other entity that distributes or accepts applications for medical 53,168
assistance shall prominently display in a conspicuous place the 53,169
following notice: 53,170
"Under state and federal law, if you are a Medicaid 53,172
recipient, your child is entitled to a thorough medical 53,173
examination provided through Healthcheck. Once this examination 53,174
is completed, your child is entitled to receive, at no cost to 53,175
you, any service determined to be medically necessary." 53,176
Sec. 5111.017. The department of human JOB AND FAMILY 53,185
services shall establish a program for substance abuse assessment 53,188
and treatment referral for recipients of medical assistance under 53,189
this chapter who are pregnant and are required by statute or rule 53,190
of the department to receive medical services through a managed 53,191
care organization. Each such pregnant woman shall be screened 53,192
for alcohol and other drug use at her first prenatal medical 53,193
examination.
The department of human JOB AND FAMILY services shall 53,195
require each managed care organization providing services to 53,197
medical assistance recipients pursuant to a contract with the 53,198
department of human JOB AND FAMILY services to inform persons who 53,199
will provide prenatal medical services to a pregnant recipient 53,200
about the requirements of this section. The department also 53,201
shall require persons providing prenatal medical services to a 53,202
pregnant recipient pursuant to the managed care organization's 53,203
contract with the department to do both of the following if the 53,204
person providing prenatal medical services, following screening, 53,205
determines the recipient may have a substance abuse problem: 53,206
(A) Refer the recipient to an organization certified by 53,210
the department of alcohol and drug addiction services for 53,211
assessment;
(B) Inform the recipient of the possible effects of 53,213
alcohol and other drug use on the fetus. 53,214
The department DIRECTOR of human JOB AND FAMILY services, 53,217
in consultation with the department DIRECTOR of alcohol and drug 53,218
1170
addiction services, shall adopt rules in accordance with Chapter 53,220
119. of the Revised Code necessary to implement this section. 53,221
Sec. 5111.018. (A) The provision of medical assistance 53,230
under this chapter shall include coverage of inpatient care and 53,231
follow-up care for a mother and her newborn as follows: 53,232
(1) The medical assistance program shall cover a minimum 53,235
of forty-eight hours of inpatient care following a normal vaginal 53,236
delivery and a minimum of ninety-six hours of inpatient care 53,237
following a cesarean delivery. Services covered as inpatient 53,238
care shall include medical, educational, and any other services 53,239
that are consistent with the inpatient care recommended in the 53,240
protocols and guidelines developed by national organizations that 53,241
represent pediatric, obstetric, and nursing professionals.
(2) The medical assistance program shall cover a 53,243
physician-directed source of follow-up care. Services covered as 53,244
follow-up care shall include physical assessment of the mother 53,245
and newborn, parent education, assistance and training in breast 53,246
or bottle feeding, assessment of the home support system, 53,247
performance of any medically necessary and appropriate clinical 53,248
tests, and any other services that are consistent with the 53,249
follow-up care recommended in the protocols and guidelines 53,250
developed by national organizations that represent pediatric, 53,251
obstetric, and nursing professionals. The coverage shall apply 53,252
to services provided in a medical setting or through home health 53,253
care visits. The coverage shall apply to a home health care 53,254
visit only if the health care professional who conducts the visit 53,255
is knowledgeable and experienced in maternity and newborn care.
When a decision is made in accordance with division (B) of 53,257
this section to discharge a mother or newborn prior to the 53,258
expiration of the applicable number of hours of inpatient care 53,259
required to be covered, the coverage of follow-up care shall 53,260
apply to all follow-up care that is provided within forty-eight 53,261
hours after discharge. When a mother or newborn receives at 53,262
least the number of hours of inpatient care required to be
1171
covered, the coverage of follow-up care shall apply to follow-up 53,263
care that is determined to be medically necessary by the health 53,264
care professionals responsible for discharging the mother or 53,265
newborn.
(B) Any decision to shorten the length of inpatient stay 53,268
to less than that specified under division (A)(1) of this section 53,270
shall be made by the physician attending the mother or newborn, 53,271
except that if a nurse-midwife is attending the mother in 53,272
collaboration with a physician, the decision may be made by the 53,273
nurse-midwife. Decisions regarding early discharge shall be made 53,274
only after conferring with the mother or a person responsible for 53,275
the mother or newborn. For purposes of this division, a person 53,276
responsible for the mother or newborn may include a parent, 53,277
guardian, or any other person with authority to make medical 53,278
decisions for the mother or newborn.
(C) The department of human JOB AND FAMILY services, in 53,280
administering the medical assistance program, may not do either 53,281
of the following:
(1) Terminate the participation of a health care 53,283
professional or health care facility as a provider under the 53,284
program solely for making recommendations for inpatient or 53,285
follow-up care for a particular mother or newborn that are 53,286
consistent with the care required to be covered by this section; 53,288
(2) Establish or offer monetary or other financial 53,290
incentives for the purpose of encouraging a person to decline the 53,292
inpatient or follow-up care required to be covered by this
section. 53,293
(D) This section does not do any of the following: 53,296
(1) Require the medical assistance program to cover 53,298
inpatient or follow-up care that is not received in accordance 53,299
with the program's terms pertaining to the health care 53,300
professionals and facilities from which an individual is
authorized to receive health care services. 53,301
(2) Require a mother or newborn to stay in a hospital or 53,304
1172
other inpatient setting for a fixed period of time following
delivery; 53,305
(3) Require a child to be delivered in a hospital or other 53,308
inpatient setting;
(4) Authorize a nurse-midwife to practice beyond the 53,310
authority to practice nurse-midwifery in accordance with Chapter 53,312
4723. of the Revised Code; 53,314
(5) Establish minimum standards of medical diagnosis, 53,316
care, or treatment for inpatient or follow-up care for a mother 53,317
or newborn. A deviation from the care required to be covered 53,318
under this section shall not, on the basis of this section, give 53,319
rise to a medical claim or derivative medical claim, as those 53,320
terms are defined in section 2305.11 of the Revised Code. 53,323
Sec. 5111.019. (A) The director of human JOB AND FAMILY 53,332
services shall submit to the United States secretary of health 53,334
and human services an amendment to the state medicaid plan to 53,336
make an individual who meets all of the following requirements 53,337
eligible for medicaid for the amount of time provided by division 53,338
(B) of this section:
(1) The individual is the parent of a child under nineteen 53,340
years of age and resides with the child; 53,341
(2) The individual's family income does not exceed one 53,343
hundred per cent of the federal poverty guidelines; 53,344
(3) The individual is not otherwise eligible for medicaid; 53,346
(4) The individual satisfies all relevant requirements 53,348
established by rules adopted under division (D) of section 53,349
5111.01 of the Revised Code. 53,350
(B) An individual is eligible to receive medicaid under 53,352
this section for a period that does not exceed two years 53,353
beginning on the date on which eligibility is established. 53,354
(C) If approved by the United States secretary of health 53,357
and human services and the director of human JOB AND FAMILY 53,358
services, the director shall implement the medicaid plan 53,360
amendment submitted under this section not sooner than July 1, 53,361
1173
2000. If a federal waiver is necessary for the United States 53,362
secretary to approve the amendment, the director of human JOB AND 53,363
FAMILY services shall submit a waiver request to the United 53,365
States secretary not later than ninety days after the effective 53,366
date of this section.
Sec. 5111.02. (A) Under the medical assistance program: 53,375
(1) Reimbursement by the department of human JOB AND 53,377
FAMILY services to a medical provider for any medical service 53,379
rendered under the program shall not exceed the authorized 53,380
reimbursement level for the same service under the medicare 53,381
program established under Title XVIII of the "Social Security 53,382
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended. 53,383
(2) Reimbursement for freestanding medical laboratory 53,385
charges shall not exceed the customary and usual fee for 53,386
laboratory profiles. 53,387
(3) The department may deduct from payments for services 53,389
rendered by a medicaid provider under the medical assistance 53,390
program any amounts the provider owes the state as the result of 53,391
incorrect medical assistance payments the department has made to 53,392
the provider. 53,393
(4) The department may conduct final fiscal audits in 53,395
accordance with the applicable requirements set forth in federal 53,396
laws and regulations and determine any amounts the provider may 53,397
owe the state. When conducting final fiscal audits, the 53,398
department shall consider generally accepted auditing standards, 53,399
which include the use of statistical sampling. 53,400
(5) To the maximum extent that federal laws and 53,402
regulations permit the implementation of such a policy, the 53,403
department may institute a copayment program for all services 53,404
provided under the medical assistance program. The program shall 53,405
be administered in accordance with the applicable requirements 53,406
set forth in federal laws and regulations. 53,407
(6) The number of days of inpatient hospital care for 53,409
which reimbursement is made on behalf of a recipient of medical 53,410
1174
assistance to a hospital that is not paid under a 53,411
diagnostic-related-group prospective payment system shall not 53,412
exceed thirty days during a period beginning on the day of the 53,413
recipient's admission to the hospital and ending sixty days after 53,414
the termination of that hospital stay, except that the department 53,415
may make exceptions to this limitation. The limitation does not 53,416
apply to children participating in the program for medically 53,417
handicapped children established under section 3701.023 of the 53,418
Revised Code. 53,419
(B) The director of human JOB AND FAMILY services may 53,421
adopt, amend, or rescind rules under Chapter 119. of the Revised 53,422
Code establishing the amount, duration, and scope of medical 53,423
services to be included in the medical assistance program. Such 53,424
rules shall establish the conditions under which services are 53,425
covered and reimbursed, the method of reimbursement applicable to 53,426
each covered service, and the amount of reimbursement or, in lieu 53,427
of such amounts, methods by which such amounts are to be 53,428
determined for each covered service. Any rules that pertain to 53,429
nursing facilities or intermediate care facilities for the 53,430
mentally retarded shall be consistent with sections 5111.20 to 53,431
5111.33 of the Revised Code. 53,432
(C) No health insuring corporation that has a contract to 53,436
provide health care services to recipients of medical assistance 53,437
shall restrict the availability to its enrollees of any 53,438
prescription drugs included in the Ohio medicaid drug formulary 53,439
as established under rules of ADOPTED BY the department DIRECTOR. 53,440
(D) The division of any reimbursement between a 53,442
collaborating physician or podiatrist and a clinical nurse 53,443
specialist, certified nurse-midwife, or certified nurse 53,444
practitioner for services performed by the nurse shall be 53,445
determined and agreed on by the nurse and collaborating physician 53,446
or podiatrist. In no case shall reimbursement exceed the payment
that the physician or podiatrist would have received had the 53,447
physician or podiatrist provided the entire service. 53,449
1175
Sec. 5111.021. Under the medical assistance program, any 53,458
amount determined to be owed the state by a final fiscal audit 53,459
conducted pursuant to division (A)(4) of section 5111.02 of the 53,460
Revised Code, upon the issuance of an adjudication order pursuant 53,461
to Chapter 119. of the Revised Code that contains a finding that 53,462
there is a preponderance of the evidence that the provider will 53,463
liquidate assets or file bankruptcy in order to prevent payment 53,464
of the amount determined to be owed the state, becomes a lien 53,465
upon the real and personal property of the provider. Upon 53,466
failure of the provider to pay the amount to the state, the 53,467
director of human JOB AND FAMILY services shall file notice of 53,468
the lien, for which there shall be no charge, in the office of 53,469
the county recorder of the county in which it is ascertained that 53,470
the provider owns real or personal property. The director shall 53,471
notify the provider by mail of the lien, but absence of proof 53,472
that the notice was sent does not affect the validity of the 53,473
lien. The lien is not valid as against the claim of any 53,474
mortgagee, pledgee, purchaser, judgment creditor, or other 53,475
lienholder of record at the time the notice is filed. 53,476
If the provider acquires real or personal property after 53,478
notice of the lien is filed, the lien shall not be valid as 53,479
against the claim of any mortgagee, pledgee, subsequent bona fide 53,480
purchaser for value, judgment creditor, or other lienholder of 53,481
record to such after-acquired property unless the notice of lien 53,482
is refiled after the property is acquired by the provider and 53,483
before the competing lien attaches to the after-acquired property 53,484
or before the conveyance to the subsequent bona fide purchaser 53,485
for value. 53,486
When the amount has been paid, the provider may record with 53,488
the recorder notice of the payment. For recording such notice of 53,489
payment, the recorder shall charge and receive from the provider 53,490
a fee of one dollar. 53,491
In the event of a distribution of a provider's assets 53,493
pursuant to an order of any court under the law of this state 53,494
1176
including any receivership, assignment for benefit of creditors, 53,495
adjudicated insolvency, or similar proceedings, amounts then or 53,496
thereafter due the state under this chapter have the same 53,497
priority as provided by law for the payment of taxes due the 53,498
state and shall be paid out of the receivership trust fund or 53,499
other such trust fund in the same manner as provided for claims 53,500
for unpaid taxes due the state. 53,501
If the attorney general finds after investigation that any 53,503
amount due the state under this chapter is uncollectable, in 53,504
whole or in part, he THE ATTORNEY GENERAL shall recommend to the 53,505
director the cancellation of all or part of the claim. The 53,506
director may thereupon effect the cancellation. 53,507
Sec. 5111.022. (A) The state plan for providing medical 53,516
assistance under Title XIX of the "Social Security Act," 49 Stat. 53,518
620, 42 U.S.C.A. 301, as amended, shall include provision of the 53,519
following mental health services when provided by facilities 53,520
described in division (B) of this section: 53,521
(1) Outpatient mental health services, including, but not 53,523
limited to, preventive, diagnostic, therapeutic, rehabilitative, 53,524
and palliative interventions rendered to individuals in an 53,525
individual or group setting by a mental health professional in 53,526
accordance with a plan of treatment appropriately established, 53,527
monitored, and reviewed; 53,528
(2) Partial-hospitalization mental health services of 53,530
three to fourteen hours per service day, rendered by persons 53,531
directly supervised by a mental health professional; 53,532
(3) Unscheduled, emergency mental health services of a 53,534
kind ordinarily provided to persons in crisis when rendered by 53,535
persons supervised by a mental health professional. 53,536
(B) Services shall be included in the state plan only when 53,538
provided by community mental health facilities that have quality 53,539
assurance programs accredited by the joint commission on 53,540
accreditation of healthcare organizations or certified by the 53,541
department of mental health or department of human JOB AND FAMILY 53,543
1177
services.
(C) The comprehensive annual plan shall certify the 53,545
availability of sufficient unencumbered community mental health 53,546
state subsidy and local funds to match Title XIX reimbursement 53,547
funds earned by the facilities. Reimbursement for eligible 53,548
services shall be based on the prospective cost of providing the 53,549
services as developed in standards adopted as part of the 53,550
comprehensive annual plan. 53,551
(D) As used in this section, "mental health professional" 53,553
means a person qualified to work with mentally ill persons under 53,554
the minimum standards established by the director of mental 53,555
health pursuant to section 5119.61 of the Revised Code. 53,556
(E) With respect to services established by division (A) 53,558
of this section, the department of human JOB AND FAMILY services 53,559
shall enter into a separate contract with the department of 53,561
mental health. The terms of the contract between the department 53,562
of human JOB AND FAMILY services and the department of mental 53,564
health shall specify both of the following: 53,565
(1) That the department of mental health and boards of 53,567
alcohol, drug addiction, and mental health services shall provide 53,568
state and local matching funds for Title XIX of the "Social 53,569
Security Act" for reimbursement of services established by 53,570
division (A) of this section; 53,571
(2) How the community mental health facilities described 53,573
in division (B) of this section will be paid for providing the 53,574
services established by division (A) of this section. 53,575
Sec. 5111.023. (A) The department of human JOB AND FAMILY 53,584
services may provide medical assistance under Title XIX of the 53,586
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as 53,587
amended, in addition to such assistance provided under section 53,588
5111.01 of the Revised Code, as long as federal funds are 53,589
provided for such assistance, to each former participant of the 53,591
Ohio works first program established under Chapter 5107. of the 53,593
Revised Code who meets all of the following requirements: 53,594
1178
(1) Is ineligible to participate in Ohio works first 53,596
solely as a result of increased income due to employment; 53,598
(2) Is not covered by, and does not have access to, 53,600
medical insurance coverage through the employer with benefits 53,601
comparable to those provided under this section, as determined in 53,602
accordance with rules adopted by the department DIRECTOR of human 53,604
JOB AND FAMILY services under division (B) of this section; 53,605
(3) Meets any other requirement established by rule 53,607
adopted under division (B) of this section. 53,608
(B) The department DIRECTOR of human JOB AND FAMILY 53,611
services shall adopt such rules under Chapter 119. of the Revised 53,612
Code as are necessary to implement and administer the medical 53,613
assistance program under this section. 53,614
(C) A person seeking to participate in a program of 53,616
medical assistance under this section shall apply to the county 53,617
department of human JOB AND FAMILY services in the county in 53,618
which the applicant resides. The application shall be made on a 53,621
form prescribed by the state department of human JOB AND FAMILY 53,622
services and furnished by the county department. 53,624
(D) If the county department of human JOB AND FAMILY 53,626
services determines that a person is eligible to receive medical 53,628
assistance under this section, the department shall provide 53,629
assistance, to the same extent and in the same manner as medical 53,630
assistance is provided to a person eligible for medical 53,631
assistance pursuant to division (A)(1)(a) of section 5111.01 of 53,633
the Revised Code, for no longer than twelve months, beginning the 53,634
month after the date the participant's eligibility for Ohio works 53,635
first is terminated.
Sec. 5111.03. (A) No provider of services or goods 53,644
contracting with the department of human JOB AND FAMILY services 53,645
pursuant to the medicaid program shall, by deception, obtain or 53,647
attempt to obtain payments under this chapter to which the 53,648
provider is not entitled pursuant to the provider agreement, or 53,649
the rules of the federal government or the Ohio department of 53,650
1179
human JOB AND FAMILY services relating to the program. No 53,652
provider shall willfully receive payments to which the provider 53,653
is not entitled, or willfully receive payments in a greater 53,654
amount than that to which the provider is entitled; nor shall any 53,655
provider falsify any report or document required by state or 53,656
federal law, rule, or provider agreement relating to medicaid 53,657
payments. As used in this section, a provider engages in 53,658
"deception" when the provider, acting with actual knowledge of
the representation or information involved, acting in deliberate 53,659
ignorance of the truth or falsity of the representation or 53,660
information involved, or acting in reckless disregard of the 53,661
truth or falsity of the representation or information involved, 53,662
deceives another or causes another to be deceived by any false or 53,663
misleading representation, by withholding information, by 53,664
preventing another from acquiring information, or by any other 53,665
conduct, act, or omission that creates, confirms, or perpetuates 53,666
a false impression in another, including a false impression as to 53,667
law, value, state of mind, or other objective or subjective fact. 53,668
No proof of specific intent to defraud is required to show, for 53,669
purposes of this section, that a provider has engaged in 53,670
deception. 53,671
(B) Any provider who violates division (A) of this section 53,673
shall be liable, in addition to any other penalties provided by 53,674
law, for all of the following civil penalties: 53,675
(1) Payment of interest on the amount of the excess 53,677
payments at the maximum interest rate allowable for real estate 53,678
mortgages under section 1343.01 of the Revised Code on the date 53,679
the payment was made to the provider for the period from the date 53,680
upon which payment was made, to the date upon which repayment is 53,681
made to the state; 53,682
(2) Payment of an amount equal to three times the amount 53,684
of any excess payments; 53,685
(3) Payment of a sum of not less than five thousand 53,687
dollars and not more than ten thousand dollars for each deceptive 53,688
1180
claim or falsification; 53,689
(4) All reasonable expenses which the court determines 53,691
have been necessarily incurred by the state in the enforcement of 53,692
this section. 53,693
(C) In addition to the civil penalties provided in 53,695
division (B) of this section, the director of human JOB AND 53,696
FAMILY services, upon the conviction of, or the entry of a 53,697
judgment in either a criminal or civil action against, a medicaid 53,698
provider or its owner, officer, authorized agent, associate, 53,699
manager, or employee in an action brought pursuant to section 53,700
109.85 of the Revised Code, shall terminate the provider 53,701
agreement between the department and the provider and stop 53,702
reimbursement to the provider for services rendered for a period 53,703
of up to five years from the date of conviction or entry of 53,704
judgment. As used in this chapter, "owner" means any person 53,705
having at least five per cent ownership in the medicaid provider. 53,706
No such provider, owner, officer, authorized agent, associate, 53,707
manager, or employee shall own or provide services to any other 53,708
medicaid provider or risk contractor or arrange for, render, or 53,709
order services for medicaid recipients during the period of 53,710
termination as provided in division (C) of this section, nor, 53,711
during the period of termination as provided in division (C) of 53,712
this section, shall he SUCH PROVIDER, OWNER, OFFICER, AUTHORIZED 53,713
AGENT, ASSOCIATE, MANAGER, OR EMPLOYEE receive reimbursement in 53,714
the form of direct payments from the department or indirect 53,715
payments of medicaid funds in the form of salary, shared fees, 53,716
contracts, kickbacks, or rebates from or through any 53,717
participating provider or risk contractor. The provider 53,718
agreement shall not be terminated or reimbursement terminated if 53,719
the provider or owner can demonstrate that the provider or owner 53,720
did not directly or indirectly sanction the action of its 53,721
authorized agent, associate, manager, or employee that resulted 53,722
in the conviction or entry of a judgment in a criminal or civil 53,723
action brought pursuant to section 109.85 of the Revised Code. 53,724
1181
Nothing in this division prohibits any owner, officer, authorized 53,725
agent, associate, manager, or employee of a medicaid provider 53,726
from entering into a medicaid provider agreement if he THE PERSON 53,727
can demonstrate that he THE PERSON had no knowledge of an action 53,728
of the medicaid provider he THE PERSON was formerly associated 53,729
with that resulted in the conviction or entry of a judgment in a 53,730
criminal or civil action brought pursuant to section 109.85 of 53,731
the Revised Code.
Providers subject to sections 5111.20 to 5111.32 of the 53,733
Revised Code whose agreements are terminated pursuant to this 53,734
section may continue to receive reimbursement for up to thirty 53,735
days after the effective date of the termination if the provider 53,736
makes reasonable efforts to transfer recipients to another 53,737
facility or to alternate care and if federal funds are provided 53,738
for such reimbursement. 53,739
(D) Any provider of services or goods contracting with the 53,741
department of human JOB AND FAMILY services pursuant to Title XIX 53,742
of the "Social Security Act," who, without intent, obtains 53,743
payments under this chapter in excess of the amount to which the 53,744
provider is entitled, thereby becomes liable for payment of 53,745
interest on the amount of the excess payments at the maximum real 53,746
estate mortgage rate on the date the payment was made to the 53,747
provider for the period from the date upon which payment was made 53,748
to the date upon which repayment is made to the state. 53,749
(E) The attorney general on behalf of the state may 53,751
commence proceedings to enforce this section in any court of 53,752
competent jurisdiction; and the attorney general may settle or 53,753
compromise any case brought under this section with the approval 53,754
of the department of human JOB AND FAMILY services. 53,755
Notwithstanding any other provision of law providing a shorter 53,756
period of limitations, the attorney general may commence a 53,757
proceeding to enforce this section at any time within six years 53,758
after the conduct in violation of this section terminates. 53,759
(F) The authority, under state and federal law, of the 53,761
1182
department of human JOB AND FAMILY services or a county 53,762
department of human JOB AND FAMILY services to recover excess 53,763
payments made to a provider is not limited by the availability of 53,765
remedies under sections 5111.11 and 5111.12 of the Revised Code 53,766
for recovering benefits paid on behalf of recipients of medical 53,767
assistance.
The penalties under this chapter apply to any overpayment, 53,769
billing, or falsification occurring on and after April 24, 1978. 53,770
All moneys collected by the state pursuant to this section shall 53,771
be deposited in the state treasury to the credit of the general 53,772
revenue fund. 53,773
Sec. 5111.04. (A) As used in this section: 53,782
(1) "Outpatient health facility" means a facility that 53,784
provides comprehensive primary health services by or under the 53,785
direction of a physician at least five days per week on a 53,786
forty-hour per week basis to outpatients, is operated by the 53,787
board of health of a city or general health district or another 53,788
public agency or by a nonprofit private agency or organization 53,789
under the direction and control of a governing board that has no 53,790
health-related responsibilities other than the direction and 53,791
control of one or more such outpatient health facilities, and 53,792
receives at least seventy-five per cent of its operating funds 53,793
from public sources, except that it does not include an 53,794
outpatient hospital facility or a federally qualified health 53,795
center as defined in Sec. 1905(l) (2)(B) of the "Social Security 53,796
Act," 103 Stat. 2264 (1989), 42 U.S.C.A. 1396d(l)(2)(B). 53,797
(2) "Comprehensive primary health services" means 53,799
preventive, diagnostic, therapeutic, rehabilitative, or 53,800
palliative items or services that include all of the following: 53,801
(a) Services of physicians, physician assistants, and 53,803
certified nurse practitioners; 53,804
(b) Diagnostic laboratory and radiological services; 53,806
(c) Preventive health services, such as children's eye and 53,808
ear examinations, perinatal services, well child services, and 53,809
1183
family planning services; 53,810
(d) Arrangements for emergency medical services; 53,812
(e) Transportation services. 53,814
(3) "Certified nurse practitioner" has the same meaning as 53,816
in section 4723.02 of the Revised Code. 53,817
(B) Outpatient health facilities are a separate category 53,819
of medical care provider under the rules governing the 53,820
administration of the medical assistance program established 53,821
under section 5111.01 of the Revised Code. Rates of 53,822
reimbursement for items and services provided by an outpatient 53,823
health facility under this section shall be prospectively 53,824
determined by the department of human JOB AND FAMILY services not 53,825
less often than once each year, shall not be subject to 53,826
retroactive adjustment based on actual costs incurred, and shall 53,827
not exceed the maximum fee schedule or rates of payment, 53,828
limitations based on reasonable costs or customary charges, and 53,829
limitations based on combined payments received for furnishing 53,830
comparable services, as are applicable to outpatient hospital 53,831
facilities under Title XVIII of the "Social Security Act." In 53,832
determining rates of reimbursement prospectively, the department 53,833
shall take into account the historic expenses of the facility, 53,834
the operating requirements and services offered by the facility, 53,835
and the geographical location of the facility, shall provide 53,836
incentives for the efficient and economical utilization of the 53,837
facility's resources, and shall ensure that the facility does not 53,838
discriminate between classes of persons for whom or by whom 53,839
payment for items and services is made. 53,840
(C) A facility does not qualify for classification as an 53,842
outpatient health facility under this section unless it: 53,843
(1) Has health and medical care policies developed with 53,845
the advice of and subject to review by an advisory committee of 53,846
professional personnel, including one or more physicians, one or 53,847
more dentists if dental care is provided, and one or more 53,848
registered nurses; 53,849
1184
(2) Has a medical director, a dental director, if dental 53,851
care is provided, and a nursing director responsible for the 53,852
execution of such policies, and has physicians, dentists, 53,853
nursing, and ancillary staff appropriate to the scope of services 53,854
provided; 53,855
(3) Requires that the care of every patient be under the 53,857
supervision of a physician, provides for medical care in case of 53,858
emergency, has in effect a written agreement with one or more 53,859
hospitals and one or more other outpatient facilities, and has an 53,860
established system for the referral of patients to other 53,861
resources and a utilization review plan and program; 53,862
(4) Maintains clinical records on all patients; 53,864
(5) Provides nursing services and other therapeutic 53,866
services in compliance with applicable laws and rules and under 53,867
the supervision of a registered nurse, and has a registered nurse 53,869
on duty at all times when the facility is in operation; 53,870
(6) Follows approved methods and procedures for the 53,872
dispensing and administration of drugs and biologicals; 53,873
(7) Maintains the accounting and record-keeping system 53,875
required under federal laws and regulations for the determination 53,876
of reasonable and allowable costs. 53,877
Sec. 5111.05. (A) The department of human JOB AND FAMILY 53,886
services may contract with any person or persons as a fiscal 53,887
agent for the examination, processing, and determination of 53,888
medical assistance claims under this chapter. The contracting 53,889
party may provide any of the following services, as required by 53,890
the contract:
(1) Design and operate medicaid management information 53,892
systems, including the provision of data processing services; 53,893
(2) Determine the amounts of payments to be made upon 53,895
claims for medical assistance; 53,896
(3) Prepare and furnish to the department lists and 53,898
computer tapes of such claims for payment; 53,899
(4) In addition to audits which may be conducted by the 53,901
1185
department and by the auditor of state, make audits of providers 53,902
and the claims of providers of medical assistance according to 53,903
the standards set forth in the contract; 53,904
(5) Assist providers of medical assistance in the 53,906
development of procedures relating to utilization practices, make 53,907
studies of the effectiveness of such procedures and methods for 53,908
their improvement, implement and enforce standards of medical 53,909
policy, and assist in the application of safeguards against 53,910
unnecessary utilization; 53,911
(6) Assist any institution, facility, or agency to qualify 53,913
as a provider of medical assistance; 53,914
(7) Establish and maintain fiscal records for the medical 53,916
assistance program; 53,917
(8) Perform statistical and research studies; 53,919
(9) Develop and implement programs for medical assistance 53,921
cost containment; 53,922
(10) Perform such other duties as are necessary to carry 53,924
out the medical assistance program. 53,925
(B) The department of human JOB AND FAMILY services may 53,927
contract with any person or persons as an insuring agent for the 53,928
examination, processing, and determination of medical assistance 53,929
claims, as provided in division (A) of this section, and for the 53,930
payment of medical assistance claims through an underwritten 53,931
program in which the state pays the insuring agent a monthly 53,932
premium and the insuring agent pays for medical services 53,933
authorized under the state's medical assistance program. The 53,934
person with whom the department contracts, with respect to the 53,935
awarding, provisions, and performance of such contract, shall not 53,936
be subject to the provisions of Title XXXIX of the Revised Code 53,937
or to regulation by the department of insurance, nor to taxation 53,938
as an insurance company pursuant to section 5725.18 or 5729.03 of 53,939
the Revised Code. A contract with an insuring agent shall 53,940
specify the qualifications, including capital and surplus 53,941
requirements, and other conditions with which the insuring agent 53,942
1186
must comply.
(C) In entering into a contract under this section, the 53,944
department, in cooperation with the director of budget and 53,945
management, shall determine that the contracting party is 53,946
qualified to perform the required services and shall follow 53,947
applicable procedures required of the department of 53,948
administrative services in sections 125.07 to 125.11 of the 53,949
Revised Code. A contract shall be awarded to the bidder who, 53,950
with due consideration to his THE BIDDER'S experience and 53,951
financial capability, offers the lowest and best bid to the state 53,953
for control of the costs of the medical assistance program 53,954
consistent with meeting the obligations under that program for 53,955
fair and equitable treatment of recipients and providers of 53,956
medical services. Any arrangement whereby funds are paid to an 53,957
insuring or fiscal agent for administrative functions under this 53,958
section shall, for the purposes of section 125.081 of the Revised 53,959
Code, be deemed to be a contract or purchase by the department of 53,960
administrative services; however, money to be used by an insuring 53,961
agent to pay for medical services authorized under the state's 53,962
medical assistance program shall not be deemed a contract or 53,963
purchase within the meaning of such section. 53,964
Sec. 5111.06. (A)(1) As used in this section: 53,973
(a) "Provider" means any person, institution, or entity 53,975
that furnishes medicaid services under a provider agreement with 53,976
the department of human JOB AND FAMILY services pursuant to Title 53,977
XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 53,978
U.S.C.A. 301, as amended. 53,979
(b) "Party" has the same meaning as in division (G) of 53,981
section 119.01 of the Revised Code. 53,982
(c) "Adjudication" has the same meaning as in division (D) 53,984
of section 119.01 of the Revised Code. 53,985
(2) This section does not apply to any action taken by the 53,987
department of human JOB AND FAMILY services under sections 53,988
5111.35 to 5111.62 of the Revised Code. 53,989
1187
(B) Except as provided in division (D) of this section, 53,991
the department shall do either of the following by issuing an 53,992
order pursuant to an adjudication conducted in accordance with 53,993
Chapter 119. of the Revised Code: 53,994
(1) Enter into or refuse to enter into a provider 53,996
agreement with a provider, or suspend, terminate, renew, or 53,997
refuse to renew an existing provider agreement with a provider; 53,998
(2) Take any action based upon a final fiscal audit of a 54,000
provider. 54,001
(C) Any party who is adversely affected by the issuance of 54,003
an adjudication order under division (B) of this section may 54,004
appeal to the court of common pleas of Franklin county in 54,005
accordance with section 119.12 of the Revised Code. 54,006
(D) The department is not required to comply with division 54,008
(B)(1) of this section whenever any of the following occur: 54,009
(1) The terms of a provider agreement require the provider 54,011
to have a license, permit, or certificate issued by an official, 54,012
board, commission, department, division, bureau, or other agency 54,013
of state government other than the department of human JOB AND 54,014
FAMILY services, and the license, permit, or certificate has been 54,015
denied or revoked. 54,016
(2) The provider agreement is denied, terminated, or not 54,018
renewed pursuant to division (C) or (E) of section 5111.03 of the 54,019
Revised Code; 54,020
(3) The provider agreement is denied, terminated, or not 54,022
renewed due to the provider's termination, suspension, or 54,023
exclusion from the medicare program established under Title XVIII 54,024
of the "Social Security Act," and the termination, suspension, or 54,025
exclusion is binding on the provider's participation in the 54,026
medicaid program; 54,027
(4) The provider agreement is denied, terminated, or not 54,029
renewed due to the provider's pleading guilty to or being 54,030
convicted of a criminal activity materially related to either the 54,031
medicare or medicaid program; 54,032
1188
(5) The provider agreement is denied, terminated, or 54,034
suspended as a result of action by the United States department 54,035
of health and human services and that action is binding on the 54,036
provider's participation in the medicaid program. 54,037
(E) The department may withhold payments for services 54,039
rendered by a medicaid provider under the medical assistance 54,040
program during the pendency of proceedings initiated under 54,041
division (B)(1) of this section. If the proceedings are 54,042
initiated under division (B)(2) of this section, the department 54,043
may withhold payments only to the extent that they equal amounts 54,044
determined in a final fiscal audit as being due the state. This 54,045
division does not apply if the department fails to comply with 54,046
section 119.07 of the Revised Code, requests a continuance of the 54,047
hearing, or does not issue a decision within thirty days after 54,048
the hearing is completed. This division does not apply to 54,049
nursing facilities and intermediate care facilities for the 54,050
mentally retarded subject to sections 5111.20 to 5111.32 of the 54,051
Revised Code. 54,052
Sec. 5111.07. Commencing in July, 1986, and every second 54,061
July thereafter, the department of human JOB AND FAMILY services 54,063
shall initiate a private survey of retail pharmacy operations in 54,064
the state as the basis for establishing a current maximum 54,065
dispensing fee for licensed pharmacists who are providers of 54,066
drugs under this chapter. The survey shall be conducted in 54,067
conformance with the requirements set forth in 42 C.F.R. 447.331 54,068
through 447.333, as amended or superseded, and shall include 54,069
operational data and direct prescription expenses, professional 54,070
services and personnel costs, usual and customary overhead 54,071
expenses, and profit data of the retail pharmacies surveyed. The 54,072
survey shall be completed and its results published no later than 54,073
the last day of October of the year in which the survey is 54,074
conducted, and the survey shall compute and report dispensing 54,075
fees on a basis of the usual and customary charges by retail 54,076
pharmacies to their customers for dispensing drugs. The director 54,077
1189
of human JOB AND FAMILY services shall take into account the 54,079
results of the survey in establishing a dispensing fee. 54,080
Sec. 5111.08. Commencing in December, 1986, and every 54,089
second December thereafter, the director of human JOB AND FAMILY 54,090
services shall establish a dispensing fee, effective the 54,092
following January, for licensed pharmacists who are providers
under this chapter. The dispensing fee shall take into 54,093
consideration the results of the survey conducted under section 54,094
5111.07 of the Revised Code.
Sec. 5111.09. On or before the first day of January of 54,103
each year, the department of human JOB AND FAMILY services shall 54,104
submit to the speaker and minority leader of the house of 54,105
representatives and the president and minority leader of the 54,106
senate, and shall make available to the public, a report on the 54,107
effectiveness of the Ohio works first program established under 54,109
Chapter 5107. of the Revised Code and the medical assistance 54,110
program established under this chapter in meeting the health care 54,111
needs of low-income pregnant women, infants, and children. The 54,112
report shall include: the estimated number of persons eligible 54,113
for health care services to pregnant women, infants, and children 54,114
under the programs; the actual number of eligible persons served; 54,115
the number of prenatal, postpartum, and child health visits; a 54,116
report on birth outcomes, including a comparison of 54,117
low-birthweight births and infant mortality rates of program 54,118
participants with the general female child-bearing and infant 54,119
population in this state; and a comparison of the prenatal, 54,120
delivery, and child health costs of the programs with such costs 54,121
of similar programs in other states, where available. 54,122
Sec. 5111.10. To the extent permitted by the "Social 54,131
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, 54,133
and regulations adopted under that act, the department of human 54,135
JOB AND FAMILY services may enter into agreements with political 54,136
subdivisions to use funds of the political subdivision to pay the 54,138
nonfederal share of expenditures under the medical assistance 54,139
1190
program. The determination and provision of federal financial 54,141
reimbursement to a subdivision entering into an agreement under 54,143
this section shall be determined by the department, subject to 54,145
approval by the United States secretary of health and human
services and the availability of federal financial participation. 54,146
Sec. 5111.11. (A) As used in this section, "estate" means 54,155
all property to be administered under Title XXI of the Revised 54,157
Code and property that would be administered under that title if 54,158
not for section 2113.03 of the Revised Code.
(B) For the purpose of recovering the cost of services 54,161
correctly paid under the medical assistance program to a
recipient age fifty-five or older, the department of human JOB 54,162
AND FAMILY services shall institute an estate recovery program 54,163
against the property and estates of medical assistance recipients 54,164
to recover medical assistance correctly paid on their behalf to 54,165
the extent that federal law and regulations permit the 54,166
implementation of such a program. The department shall seek to 54,168
recover medical assistance correctly paid only after the 54,169
recipient and the recipient's surviving spouse, if any, have died 54,171
and only at a time when the recipient has no surviving child who 54,172
is under age twenty-one or blind or permanently and totally 54,173
disabled.
The department may enter into a contract with any person 54,175
under which the person administers the estate recovery program on 54,176
behalf of the department or performs any of the functions 54,178
required to carry out the program. The contract may provide for 54,179
the person to be compensated from the property recovered from the 54,180
estates of medical assistance recipients or may provide for such 54,181
other manner of compensation as is agreed to by the person and 54,183
the department. Regardless of whether it is administered by the 54,184
department or a person under contract with the department, the 54,185
program shall be administered in accordance with applicable 54,186
requirements of federal law and regulations and state law and 54,187
rules.
1191
(C) The department may waive seeking recovery of medical 54,190
assistance correctly paid if the director of human JOB AND FAMILY
services determines that recovery would work an undue hardship. 54,191
The director, in accordance with Chapter 119. of the Revised 54,192
Code, shall adopt rules establishing procedures for waiver of 54,193
recovery due to an undue hardship, which shall meet the standards 54,194
specified by the United States secretary of health and human 54,196
services under 42 U.S.C. 1396p(b)(3), as amended. 54,197
(D) Any action that may be taken by the department under 54,200
section 5111.111 of the Revised Code may be taken by a person 54,202
administering the program, or performing actions specified in 54,203
that section, pursuant to a contract with the department.
Sec. 5111.111. As used in this section, "home and 54,212
community-based services" means services provided pursuant to a 54,213
waiver under section 1915 of the "Social Security Act," 49 Stat. 54,215
620 (1935), 42 U.S.C.A. 1396n, as amended.
The department of human JOB AND FAMILY services may place a 54,217
lien against the property of a medical assistance recipient or 54,219
recipient's spouse, other than a recipient or spouse of a 54,221
recipient of home and community-based services, that the 54,222
department may recover as part of the program instituted under 54,223
section 5111.11 of the Revised Code. When medical assistance is 54,224
paid on behalf of any person in circumstances under which federal 54,226
law and regulations and this section permit the imposition of a
lien, the director of human JOB AND FAMILY services or a person 54,227
designated by the director may sign a certificate to the effect. 54,228
The county department of human JOB AND FAMILY services shall file 54,229
for recording and indexing the certificate, or a certified copy, 54,232
in the real estate mortgage records in the office of the county 54,233
recorder in every county in which real property of the recipient 54,234
or spouse is situated. From the time of filing the certificate 54,235
in the office of the county recorder, the lien attaches to all 54,236
real property of the recipient or spouse described therein for 54,237
all amounts of aid which thereafter are paid, and shall remain a 54,238
1192
lien until satisfied.
Upon filing the certificate in the office of the recorder, 54,240
all persons are charged with notice of the lien and the rights of 54,241
the department of human JOB AND FAMILY services thereunder. 54,242
The county recorder shall keep a record of every 54,244
certificate filed showing its date, the time of filing, the name 54,245
and residence of the recipient or spouse, and any release, 54,246
waivers, or satisfaction of the lien. 54,247
The priority of the lien shall be established in accordance 54,249
with state and federal law. 54,250
The department may waive the priority of its lien to 54,252
provide for the costs of the last illness as determined by the 54,253
department, administration, attorney fees, administrator fees, a 54,254
sum for the payment of the costs of burial, which shall be 54,255
computed by deducting from five hundred dollars whatever amount 54,256
is available for the same purpose from all other sources, and a 54,257
similar sum for the spouse of the decedent. 54,258
Sec. 5111.112. (A) As used in this section: 54,267
(1) "Adult care facility" has the same meaning as in 54,269
section 3722.01 of the Revised Code. 54,271
(2) "Commissioner" means a person appointed by a probate 54,273
court under division (B) of section 2113.03 of the Revised Code 54,276
to act as a commissioner.
(3) "Home" has the same meaning as in section 3721.10 of 54,278
the Revised Code. 54,280
(4) "Personal needs allowance account" means an account or 54,283
petty cash fund that holds the money of a resident of an adult 54,284
care facility or home and that the facility or home manages for 54,285
the resident.
(B) Except as provided in divisions (C) and (D) of this 54,289
section, the owner or operator of an adult care facility or home 54,290
shall transfer to the department of human JOB AND FAMILY services 54,291
the money in the personal needs allowance account of a resident 54,292
of the facility or home who was a recipient of the medical 54,293
1193
assistance program no earlier than sixty days but not later than 54,294
ninety days after the resident dies. The adult care facility or 54,295
home shall transfer the money even though the owner or operator 54,296
of the facility or home has not been issued letters testamentary 54,297
or letters of administration concerning the resident's estate. 54,298
(C) If funeral or burial expenses for a resident of an 54,301
adult care facility or home who has died have not been paid and 54,302
the only resource the resident had that could be used to pay for 54,303
the expenses is the money in the resident's personal needs 54,304
allowance account, or all other resources of the resident are 54,305
inadequate to pay the full cost of the expenses, the money in the 54,306
resident's personal needs allowance account shall be used to pay 54,307
for the expenses rather than being transferred to the department 54,308
of human JOB AND FAMILY services pursuant to division (B) of this 54,310
section.
(D) If, not later than sixty days after a resident of an 54,313
adult care facility or home dies, letters testamentary or letters 54,314
of administration are issued, or an application for release from 54,315
administration is filed under section 2113.03 of the Revised 54,317
Code, concerning the resident's estate, the owner or operator of 54,319
the facility or home shall transfer the money in the resident's 54,320
personal needs allowance account to the administrator, executor, 54,321
commissioner, or person who filed the application for release 54,322
from administration.
(E) The transfer or use of money in a resident's personal 54,325
needs allowance account in accordance with division (B), (C), or 54,327
(D) of this section discharges and releases the adult care 54,329
facility or home, and the owner or operator of the facility or 54,330
home, from any claim for the money from any source. 54,331
(F) If, sixty-one or more days after a resident of an 54,334
adult care facility or home dies, letters testamentary or letters 54,335
of administration are issued, or an application for release from 54,336
administration under section 2113.03 of the Revised Code is 54,338
filed, concerning the resident's estate, the department of human 54,339
1194
JOB AND FAMILY services shall transfer the funds to the 54,340
administrator, executor, commissioner, or person who filed the 54,341
application, unless the department is entitled to recover the 54,342
money under the estate recovery program instituted under section 54,343
5111.11 of the Revised Code. 54,344
Sec. 5111.113. As used in this section, "nursing facility" 54,354
and "intermediate care facility for the mentally retarded" have 54,355
the same meanings as in section 5111.20 of the Revised Code. 54,357
In determining the amount of income that a recipient of 54,359
medical assistance must apply monthly toward payment of the cost 54,361
of care in a nursing facility or intermediate care facility for 54,362
the mentally retarded, the county department of human JOB AND 54,364
FAMILY services shall deduct from the recipient's monthly income 54,365
a monthly personal needs allowance in accordance with section 54,366
1902 of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 54,367
1396a, as amended. 54,368
For a resident of a nursing facility, the monthly personal 54,370
needs allowance shall be not less than forty dollars for an 54,372
individual resident and not less than eighty dollars for a 54,374
married couple if both spouses are residents of a nursing 54,375
facility.
For a resident of an intermediate care facility for the 54,377
mentally retarded, the monthly personal needs allowance shall be 54,378
forty dollars unless the resident has earned income, in which 54,379
case the monthly personal needs allowance shall be determined by 54,380
the state department of human JOB AND FAMILY services but shall 54,381
not exceed one hundred five dollars. 54,382
Sec. 5111.12. (A) The director of human JOB AND FAMILY 54,391
services shall establish rules under which county departments of 54,393
human JOB AND FAMILY services may take action to recover benefits 54,395
incorrectly paid on behalf of recipients of medical assistance. 54,396
The rules shall provide for recovery by the following methods: 54,397
(1) Soliciting voluntary payments from recipients or from 54,399
persons holding property in which a recipient has a legal or 54,400
1195
equitable interest; 54,401
(2) Obtaining a lien on property pursuant to division (B) 54,403
of this section. 54,404
(B) A county department of human JOB AND FAMILY services 54,406
may bring a civil action in a court of common pleas against a 54,408
recipient of medical assistance for the recovery of any medical 54,409
assistance benefits determined by the court to have been paid 54,410
incorrectly on behalf of the recipient. All persons holding 54,411
property in which the recipient has a legal or equitable interest 54,412
may be joined as parties. The court may issue pre-judgment 54,413
orders, including injunctive relief or attachment under Chapter 54,414
2715. of the Revised Code, for the preservation of real or 54,415
personal property in which the recipient may have a legal or 54,416
equitable interest. If the court determines that benefits were 54,417
paid incorrectly and issues a judgment to that effect, the county 54,418
department may obtain a lien upon property of the recipient in 54,419
accordance with Chapter 2329. of the Revised Code. 54,420
(C) The county department of human JOB AND FAMILY services 54,422
shall retain fifty per cent of the balance remaining after 54,424
deduction from the recovery of the amount required to be returned 54,425
to the federal government and shall pay the other fifty per cent 54,426
of the balance to the department of human JOB AND FAMILY 54,427
services.
(D) Recovery of medical assistance benefits incorrectly 54,429
paid to a recipient may not be accomplished by reducing the 54,430
amount of benefits the recipient is entitled to receive under 54,431
another government assistance program. 54,432
(E) The remedies provided pursuant to this section do not 54,434
affect any other remedies county departments of human JOB AND 54,435
FAMILY services may have to recover benefits incorrectly paid on 54,437
behalf of recipients of medical assistance. 54,438
Sec. 5111.121. (A) As used in this section, "third party" 54,447
has the same meaning as in section 5101.571 of the Revised Code. 54,448
(B) In addition to the authority granted under section 54,450
1196
5101.59 of the Revised Code, the department of human JOB AND 54,451
FAMILY services may, to the extent necessary to reimburse its 54,452
costs, garnish the wages, salary, or other employment income of, 54,453
and withhold amounts from state tax refunds to, any person to 54,454
whom both of the following apply: 54,455
(1) The person is required by a court or administrative 54,457
order to provide coverage of the cost of health care services to 54,458
a child eligible for medical assistance under this chapter. 54,459
(2) The person has received payment from a third party for 54,461
the costs of such services but has not used the payment to 54,462
reimburse either the other parent or guardian of the child or the 54,463
provider of the services. 54,464
(C) Claims for current and past due child support shall 54,466
take priority over claims under division (B) of this section. 54,467
Sec. 5111.13. (A) As used in this section, 54,476
"cost-effective" and "group health plan" have the same meanings 54,477
as in section 1906 of the "Social Security Act," 49 Stat. 620 54,478
(1935), 42 U.S.C.A. 1396e, as amended, and any regulations 54,479
adopted under that section. 54,480
(B) The department of human JOB AND FAMILY services, 54,482
pursuant to guidelines issued by the United States secretary of 54,483
health and human services, shall identify cases in which
enrollment of an individual otherwise eligible for medical 54,484
assistance under this chapter in a group health plan in which the 54,485
individual is eligible to enroll and payment of the individual's 54,486
premiums, deductibles, coinsurance, and other cost-sharing 54,487
expenses is cost effective. 54,488
The department shall require, as a condition of eligibility 54,490
for medical assistance, individuals identified under this 54,491
division, or in the case of a child, the child's parent, to apply 54,492
for enrollment in the group health plan, except that the failure 54,493
of a parent to enroll himself SELF or his THE PARENT'S child in a 54,495
group health plan does not affect the child's eligibility under 54,496
the medical assistance program.
1197
The department shall pay enrollee premiums and deductibles, 54,498
coinsurance, and other cost-sharing obligations for services and 54,499
items otherwise covered under the medical assistance program. The 54,501
department shall treat coverage under the group health plan in 54,502
the same manner as any other third-party liability under the
program. If not all members of a family are eligible for medical 54,503
assistance and enrollment of the eligible members in a group 54,504
health plan is not possible without also enrolling the members 54,505
who are ineligible for medical assistance, the department shall 54,506
pay the premiums for the ineligible members if the payments are 54,507
cost effective. The department shall not pay deductibles, 54,508
coinsurance, or other cost-sharing obligations of enrolled 54,509
members who are not eligible for medical assistance. 54,510
The department may make payments under this section to 54,512
employers, insurers, or other entities. The department may make 54,513
the payments without entering into a contract with employers, 54,514
insurers, or other entities. 54,515
(C) To the extent permitted by federal law and 54,517
regulations, the department of human JOB AND FAMILY services 54,518
shall coordinate the medical assistance program with group health 54,519
plans in such a manner that the medical assistance program serves 54,520
as a supplement to the group health plans. In its coordination 54,521
efforts, the department shall consider cost-effectiveness and 54,522
quality of care. The department may enter into agreements with 54,523
group health plans as necessary to implement this division. 54,524
(D) The department DIRECTOR OF JOB AND FAMILY SERVICES 54,526
shall adopt rules in accordance with Chapter 119. of the Revised 54,528
Code to implement this section.
Sec. 5111.14. The state department of human JOB AND FAMILY 54,538
services may require county departments of human JOB AND FAMILY 54,540
services to provide case management of nonemergency 54,542
transportation services provided under the medical assistance 54,543
program. County departments shall provide the case management if 54,545
required by the state department in accordance with rules adopted 54,547
1198
by the state department DIRECTOR OF JOB AND FAMILY SERVICES. 54,548
The state department shall determine, for the purposes of 54,550
claiming federal reimbursement under the medical assistance 54,552
program, whether it will claim expenditures for nonemergency 54,554
transportation services as administrative or program 54,555
expenditures.
Sec. 5111.16. In accordance with subsection (g) of section 54,564
1927 of the "Social Security Act," 49 Stat. 320 (1935), 42 54,566
U.S.C.A. 1396r-8(g), as amended, the department of human JOB AND 54,568
FAMILY services shall establish an outpatient drug use review 54,569
program to assure that prescriptions obtained by recipients of 54,570
medical assistance under this chapter are appropriate, medically 54,572
necessary, and unlikely to cause adverse medical results. 54,574
Sec. 5111.17. (A) As used in this section, 54,583
"community-based clinic" means a clinic that provides prenatal, 54,584
family planning, well child, or primary care services and is 54,585
funded in whole or in part by the state or federal government. 54,586
(B) On receipt of a waiver from the United States 54,588
department of health and human services of any federal 54,589
requirement that would otherwise be violated, the department of 54,590
human JOB AND FAMILY services shall establish in Franklin,
Hamilton, and Lucas counties a managed care system under which 54,591
designated recipients of medical assistance are required to 54,592
obtain medical services from providers designated by the 54,593
department. The department may stagger implementation of the 54,594
managed care system, but the system shall be implemented in at
least one county not later than January 1, 1995, and in all three 54,595
counties not later than July 1, 1996. 54,596
(C) The department, by rule adopted under this section, 54,598
may require any recipients in any other county to receive all or 54,599
some of their care through managed care organizations that 54,600
contract with the department and are paid by the department 54,602
pursuant to a capitation or other risk-based methodology 54,603
prescribed in the rules, and to receive their care only from 54,604
1199
providers designated by the organizations.
(D) In accordance with rules adopted under division (G) of 54,606
this section, the department may issue requests for proposals 54,607
from managed care organizations interested in contracting with 54,608
the department to provide managed care to participating medical 54,610
assistance recipients.
(E) A health insuring corporation under contract with the 54,612
department under this section may enter into an agreement with 54,614
any community-based clinic for the provision of medical services 54,615
to medical assistance recipients participating in the managed 54,616
care system if the clinic is willing to accept the terms, 54,617
conditions, and payment procedures established by the health
insuring corporation. 54,618
(F) For the purpose of determining the amount the 54,620
department pays hospitals under section 5112.08 of the Revised 54,622
Code and the amount of disproportionate share hospital payments 54,623
paid by the medicare program established under Title XVIII of the 54,624
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as 54,625
amended, each managed care organization under contract with the 54,626
department to provide managed care to participating medical
assistance recipients shall keep detailed records for each 54,627
hospital with which it contracts about the cost to the hospital 54,629
of providing the care, payments made by the organization to the 54,630
hospital for the care, utilization of hospital services by 54,632
medical assistance recipients participating in managed care, and
other utilization data required by the department. 54,633
(G) The department DIRECTOR OF JOB AND FAMILY SERVICES 54,635
shall adopt rules in accordance with Chapter 119. of the Revised 54,637
Code to implement this section.
Sec. 5111.173. (A) There is hereby created the medicaid 54,646
managed care study committee to examine the medicaid managed care 54,647
program established by section 5111.17 of the Revised Code. The 54,648
committee shall review the status of the program and may study 54,649
the following: consumer access and satisfaction, reimbursement 54,650
1200
issues, recent trends in the medicaid managed care market, 54,651
alternative managed care delivery models, and future plans and 54,652
recommendations for the program. 54,653
(B) Membership of the study committee shall include: 54,655
(1) Two members of the senate appointed by the president 54,657
of the senate, one from the majority party and one from the 54,658
minority party; 54,659
(2) Two members of the house of representatives appointed 54,661
by the speaker of the house of representatives, one from the 54,662
majority party and one from the minority party; 54,663
(3) The following members jointly appointed by the 54,665
governor, the speaker of the house of representatives, and the 54,666
president of the senate: 54,667
(a) One representative of the governor's office; 54,669
(b) One representative of the Ohio department of human JOB 54,671
AND FAMILY services; 54,672
(c) One representative of the Ohio department of 54,674
insurance;
(d) One representative of the office of budget and 54,676
management;
(e) Two representatives of the Ohio medical care advisory 54,678
committee representing consumer interests; 54,679
(f) One representative from a county department of human 54,681
JOB AND FAMILY services in a county in which medicaid recipients 54,683
are required to obtain medical services from a managed care 54,684
organization; 54,685
(g) Two representatives of the institutional provider 54,687
community;
(h) Two representatives from the community provider 54,689
community; 54,690
(i) Two representatives of entities that provide medicaid 54,692
managed care. 54,693
(C) The majority party members from the house of 54,695
representatives and the senate shall serve as co-chairs of the 54,696
1201
study committee. The committee shall meet at the call of the 54,697
co-chairs.
(D) Members of the study committee shall serve without 54,699
compensation or reimbursement, except to the extent that serving 54,700
on the committee is considered a part of their regular duties of 54,702
employment.
(E) Not later than December 31, 1999, the study committee 54,705
shall complete its examination and submit a report to the 54,707
governor, the president and minority leader of the senate, and 54,708
the speaker and minority leader of the house of representatives. 54,710
The legislative budget office of the legislative service 54,711
commission shall serve as staff to the study committee. On 54,712
submission of the report, the study committee shall cease to 54,713
exist.
Sec. 5111.18. (A) As used in this section and in section 54,722
5111.181 of the Revised Code, "resources" has the meaning given 54,723
in rules adopted under division (B) of section 5111.011 of the 54,724
Revised Code. 54,725
(B) If it determines that such action would not violate 54,727
any federal statute or regulation or receives from the United 54,728
States department of health and human services a waiver of any 54,729
federal requirement that would otherwise be violated, the 54,730
department of human JOB AND FAMILY services shall establish the 54,731
Ohio long-term care insurance program, unless the director of 54,732
human JOB AND FAMILY services determines that appropriations made 54,733
by the general assembly for the program are not sufficient to 54,734
operate and evaluate the program. If established, the program 54,735
shall begin not sooner than July 1, 1994. 54,736
Notwithstanding sections 5101.58, 5101.59, 5111.01, 54,738
5111.11, and divisions (C) and (F) of section 5111.011 of the 54,739
Revised Code, the resources of an individual covered by a 54,740
long-term care insurance policy described in division (C)(1) or 54,741
(2) of this section shall be excluded in accordance with division 54,742
(C) of this section from any determination of the individual's 54,743
1202
eligibility for the medical assistance program and from 54,744
determination of any amount to be recovered by the state for 54,745
payments under the medical assistance program for services 54,746
correctly provided to the individual. 54,747
Resources excluded under this division are not subject to 54,749
recovery under section 5101.58, to assignment under section 54,751
5101.59, or to a lien under section 5111.111 of the Revised Code. 54,753
Divisions (D) and (E) of section 5111.011 of the Revised Code 54,754
continue to apply to the resources of individuals covered by 54,755
certified policies that are not resources excluded under this 54,756
section. 54,757
(C) The exclusion provided by division (B) of this section 54,759
shall apply throughout the life of the covered individual. The 54,760
department of human JOB AND FAMILY services shall exclude 54,761
resources in amounts equal to long-term care insurance benefits 54,762
paid under either of the following that are used to pay for 54,763
services rendered on or after the date the Ohio long-term care 54,764
insurance program begins that are covered by the medical 54,765
assistance program:
(1) Any long-term care insurance policy or certificate 54,767
delivered or issued for delivery prior to the date the program 54,768
begins; 54,769
(2) A long-term care insurance policy or certificate 54,771
delivered or issued for delivery on or after the date the program 54,772
begins that meets the requirements in section 3923.50 of the 54,773
Revised Code. 54,774
The department DIRECTOR of human JOB AND FAMILY services 54,777
shall adopt rules in accordance with section 111.15 of the 54,778
Revised Code establishing procedures for insurers to notify the 54,779
department of long-term care benefits paid. 54,780
Sec. 5111.181. (A) The general assembly hereby finds that 54,789
the state has an insurable interest in medical assistance 54,790
recipients because of the state's statutory right to recover from 54,791
the estate of a recipient state funds used to provide the 54,792
1203
recipient with medical care and services. 54,793
(B) As used in this section: 54,795
(1) "Beneficiary" means the person or entity designated in 54,797
a life insurance policy to receive the proceeds of the policy on 54,798
the death of the insured or maturity of the policy. 54,799
(2) "Owner" means the person who has the right to 54,801
designate the beneficiary of a life insurance policy and to 54,802
change the designation. 54,803
(C) Notwithstanding section 5111.011 of the Revised Code, 54,805
the value of a life insurance policy that would otherwise be 54,806
considered a resource in determining eligibility for the medical 54,807
assistance program shall be excluded from any determination of a 54,808
person's eligibility for the medical assistance program if the 54,809
owner designates the department of human JOB AND FAMILY services 54,810
as beneficiary of the policy. The department may pay premiums to 54,811
keep the policy in force. Premiums paid by the department are 54,812
medical assistance payments correctly paid on behalf of a medical 54,813
assistance recipient and subject to recovery under section 54,814
5111.11 of the Revised Code. 54,815
(D) The director of human JOB AND FAMILY services shall 54,817
deposit the proceeds of a life insurance policy that do not 54,818
exceed the amount the department may recover against the property 54,819
and estate of the owner under section 5111.11 of the Revised Code 54,820
into the general revenue fund. The director shall pay any 54,821
remaining proceeds to the person designated by the owner. If the 54,822
owner failed to designate a person, the director shall pay the 54,823
remaining proceeds to the surviving spouse, or, if there is no 54,824
surviving spouse, to the estate of the owner. 54,825
(E) If the owner designates the department of human JOB 54,827
AND FAMILY services as the policy's beneficiary, the department
shall notify the owner that he THE OWNER may designate a person 54,828
to receive proceeds of the policy that exceed the amount the 54,830
department may recover against the owner's property and estate 54,831
under section 5111.11 of the Revised Code. The designation shall 54,832
1204
be made on a form provided by the department. 54,833
(F) The department of human JOB AND FAMILY services shall 54,835
not implement this section if implementation would violate any 54,836
federal requirement unless the department receives a waiver of 54,837
the requirement from the United States department of health and 54,838
human services.
Sec. 5111.19. The department DIRECTOR of human JOB AND 54,848
FAMILY services shall adopt rules governing the calculation and 54,849
payment of graduate medical education costs associated with 54,850
services rendered to recipients of the medical assistance program 54,851
after June 30, 1994. The rules shall provide for reimbursement 54,852
of graduate medical education costs associated with services 54,853
rendered to medical assistance recipients, including recipients 54,854
enrolled in health insuring corporations, that the department 54,855
determines are allowable and reasonable. 54,857
If the department requires a health insuring corporation to 54,859
pay a provider for graduate medical education costs associated 54,862
with the delivery of services to medical assistance recipients 54,863
enrolled in the corporation, the department shall include in its 54,865
payment to the corporation an amount sufficient for the 54,867
corporation to pay such costs. If the department does not 54,869
include in its payments to the health insuring corporation 54,870
amounts for graduate medical education costs of providers, all of 54,871
the following apply: 54,872
(A) The department shall pay the provider for graduate 54,874
medical education costs associated with the delivery of services 54,875
to medical assistance recipients enrolled in the corporation; 54,877
(B) No provider shall seek reimbursement from the 54,879
corporation for such costs; 54,880
(C) The corporation is not required to pay providers for 54,883
such costs. 54,884
Sec. 5111.20. As used in sections 5111.20 to 5111.32 of 54,893
the Revised Code: 54,894
(A) "Allowable costs" are those costs determined by the 54,896
1205
department of human JOB AND FAMILY services to be reasonable and 54,897
do not include fines paid under sections 5111.35 to 5111.61 and 54,898
section 5111.99 of the Revised Code. 54,899
(B) "Capital costs" means costs of ownership and 54,901
nonextensive renovation. 54,902
(1) "Cost of ownership" means the actual expense incurred 54,904
for all of the following: 54,905
(a) Depreciation and interest on any capital assets that 54,907
cost five hundred dollars or more per item, including the 54,908
following: 54,909
(i) Buildings; 54,911
(ii) Building improvements that are not approved as 54,913
nonextensive renovations under section 5111.25 or 5111.251 of the 54,914
Revised Code; 54,915
(iii) Equipment; 54,917
(iv) Extensive renovations; 54,919
(v) Transportation equipment. 54,921
(b) Amortization and interest on land improvements and 54,923
leasehold improvements; 54,924
(c) Amortization of financing costs; 54,926
(d) Except as provided in division (I) of this section, 54,928
lease and rent of land, building, and equipment. 54,929
The costs of capital assets of less than five hundred 54,931
dollars per item may be considered costs of ownership in 54,932
accordance with a provider's practice.
(2) "Costs of nonextensive renovation" means the actual 54,934
expense incurred for depreciation or amortization and interest on 54,935
renovations that are not extensive renovations. 54,936
(C) "Capital lease" and "operating lease" shall be 54,938
construed in accordance with generally accepted accounting 54,939
principles.
(D) "Case-mix score" means the measure determined under 54,941
section 5111.231 of the Revised Code of the relative direct-care 54,942
resources needed to provide care and habilitation to a resident 54,943
1206
of a nursing facility or intermediate care facility for the 54,944
mentally retarded. 54,945
(E) "Date of licensure," for a facility originally 54,947
licensed as a nursing home under Chapter 3721. of the Revised 54,948
Code, means the date specific beds were originally licensed as 54,949
nursing home beds under that chapter, regardless of whether they 54,950
were subsequently licensed as residential facility beds under 54,951
section 5123.19 of the Revised Code. For a facility originally 54,952
licensed as a residential facility under section 5123.19 of the 54,953
Revised Code, "date of licensure" means the date specific beds 54,954
were originally licensed as residential facility beds under that 54,955
section.
(1) If nursing home beds licensed under Chapter 3721. of 54,957
the Revised Code or residential facility beds licensed under 54,958
section 5123.19 of the Revised Code were not required by law to 54,959
be licensed when they were originally used to provide nursing 54,960
home or residential facility services, "date of licensure" means 54,961
the date the beds first were used to provide nursing home or
residential facility services, regardless of the date the present 54,962
provider obtained licensure. 54,963
(2) If a facility adds nursing home beds or residential 54,965
facility beds or extensively renovates all or part of the 54,966
facility after its original date of licensure, it will have a 54,967
different date of licensure for the additional beds or 54,968
extensively renovated portion of the facility, unless the beds 54,969
are added in a space that was constructed at the same time as the 54,970
previously licensed beds but was not licensed under Chapter 3721. 54,971
or section 5123.19 of the Revised Code at that time. 54,972
(F) "Desk-reviewed" means that costs as reported on a cost 54,974
report submitted under section 5111.26 of the Revised Code have 54,975
been subjected to a desk review under division (A) of section 54,976
5111.27 of the Revised Code and preliminarily determined to be 54,977
allowable costs. 54,978
(G) "Direct care costs" means all of the following: 54,980
1207
(1)(a) Costs for registered nurses, licensed practical 54,982
nurses, and nurse aides employed by the facility; 54,983
(b) Costs for direct care staff, administrative nursing 54,985
staff, medical directors, social services staff, activities 54,986
staff, psychologists and psychology assistants, social workers 54,987
and counselors, habilitation staff, qualified mental retardation 54,988
professionals, program directors, respiratory therapists, 54,989
habilitation supervisors, and except as provided in division 54,990
(G)(2) of this section, other persons holding degrees qualifying 54,991
them to provide therapy; 54,992
(c) Costs of purchased nursing services; 54,994
(d) Costs of quality assurance; 54,996
(e) Costs of training and staff development, employee 54,998
benefits, payroll taxes, and workers' compensation premiums or 54,999
costs for self-insurance claims and related costs as specified in 55,000
rules adopted by the department DIRECTOR of human JOB AND FAMILY 55,002
services in accordance with Chapter 119. of the Revised Code, for 55,003
personnel listed in divisions (G)(1)(a), (b), and (d) of this 55,005
section;
(f) Costs of consulting and management fees related to 55,007
direct care;
(g) Allocated direct care home office costs. 55,009
(2) In addition to the costs specified in division (G)(1) 55,011
of this section, for intermediate care facilities for the 55,012
mentally retarded only, direct care costs include both of the 55,013
following: 55,014
(a) Costs for physical therapists and physical therapy 55,016
assistants, occupational therapists and occupational therapy 55,017
assistants, speech therapists, and audiologists; 55,018
(b) Costs of training and staff development, employee 55,020
benefits, payroll taxes, and workers' compensation premiums or 55,021
costs for self-insurance claims and related costs as specified in 55,022
rules adopted by the department DIRECTOR of human JOB AND FAMILY 55,024
services in accordance with Chapter 119. of the Revised Code, for 55,025
1208
personnel listed in division (G)(2)(a) of this section. 55,026
(3) Costs of other direct-care resources that are 55,028
specified as direct care costs in rules adopted by the department 55,029
DIRECTOR of human JOB AND FAMILY services in accordance with 55,031
Chapter 119. of the Revised Code. 55,032
(H) "Fiscal year" means the fiscal year of this state, as 55,034
specified in section 9.34 of the Revised Code. 55,035
(I) "Indirect care costs" means all reasonable costs other 55,037
than direct care costs, other protected costs, or capital costs. 55,038
"Indirect care costs" includes but is not limited to costs of 55,039
habilitation supplies, pharmacy consultants, medical and 55,040
habilitation records, program supplies, incontinence supplies, 55,041
food, enterals, dietary supplies and personnel, laundry, 55,042
housekeeping, security, administration, liability insurance, 55,043
bookkeeping, purchasing department, human resources, 55,044
communications, travel, dues, license fees, subscriptions, home 55,045
office costs not otherwise allocated, legal services, accounting 55,046
services, minor equipment, maintenance and repairs, help-wanted 55,048
advertising, informational advertising, start-up costs, 55,049
organizational expenses, other interest, property insurance, 55,050
employee training and staff development, employee benefits, 55,051
payroll taxes, and workers' compensation premiums or costs for 55,052
self-insurance claims and related costs as specified in rules 55,053
adopted by the department DIRECTOR of human JOB AND FAMILY 55,054
services in accordance with Chapter 119. of the Revised Code, for 55,055
personnel listed in this division. Notwithstanding division 55,056
(B)(1) of this section, "indirect care costs" also means the cost 55,057
of equipment, including vehicles, acquired by operating lease 55,058
executed before December 1, 1992, if the costs are reported as 55,059
administrative and general costs on the facility's cost report 55,060
for the cost reporting period ending December 31, 1992. 55,061
(J) "Inpatient days" means all days during which a 55,063
resident, regardless of payment source, occupies a bed in a 55,064
nursing facility or intermediate care facility for the mentally 55,065
1209
retarded that is included in the facility's certified capacity 55,066
under Title XIX of the "Social Security Act," 49 Stat. 610 55,067
(1935), 42 U.S.C.A. 301, as amended. Therapeutic or hospital 55,068
leave days for which payment is made under section 5111.33 of the 55,069
Revised Code are considered inpatient days proportionate to the 55,070
percentage of the facility's per resident per day rate paid for 55,071
those days. 55,072
(K) "Intermediate care facility for the mentally retarded" 55,074
means an intermediate care facility for the mentally retarded 55,075
certified as in compliance with applicable standards for the 55,076
medical assistance program by the director of health in 55,077
accordance with Title XIX of the "Social Security Act." 55,078
(L) "Maintenance and repair expenses" means, except as 55,080
provided in division (X)(2) of this section, expenditures that 55,081
are necessary and proper to maintain an asset in a normally 55,082
efficient working condition and that do not extend the useful 55,083
life of the asset two years or more. "Maintenance and repair 55,084
expenses" includes but is not limited to the cost of ordinary 55,085
repairs such as painting and wallpapering. 55,086
(M) "Nursing facility" means a facility, or a distinct 55,088
part of a facility, that is certified as a nursing facility by 55,089
the director of health in accordance with Title XIX of the 55,090
"Social Security Act," and is not an intermediate care facility 55,091
for the mentally retarded. "Nursing facility" includes a 55,092
facility, or a distinct part of a facility, that is certified as 55,093
a nursing facility by the director of health in accordance with 55,094
Title XIX of the "Social Security Act," and is certified as a 55,095
skilled nursing facility by the director in accordance with Title 55,096
XVIII of the "Social Security Act." 55,097
(N) "Other protected costs" means costs for medical 55,099
supplies; real estate, franchise, and property taxes; natural 55,100
gas, fuel oil, water, electricity, sewage, and refuse and 55,101
hazardous medical waste collection; allocated other protected 55,102
home office costs; and any additional costs defined as other 55,104
1210
protected costs in rules adopted by the department DIRECTOR of 55,105
human JOB AND FAMILY services in accordance with Chapter 119. of 55,106
the Revised Code. 55,107
(O) "Owner" means any person or government entity that has 55,109
at least five per cent ownership or interest, either directly, 55,110
indirectly, or in any combination, in a nursing facility or 55,111
intermediate care facility for the mentally retarded. 55,112
(P) "Patient" includes "resident." 55,114
(Q) Except as provided in divisions (Q)(1) and (2) of this 55,116
section, "per diem" means a nursing facility's or intermediate 55,117
care facility for the mentally retarded's actual, allowable costs 55,118
in a given cost center in a cost reporting period, divided by the 55,119
facility's inpatient days for that cost reporting period. 55,120
(1) When calculating indirect care costs for the purpose 55,122
of establishing rates under section 5111.24 or 5111.241 of the 55,123
Revised Code, "per diem" means a facility's actual, allowable 55,124
indirect care costs in a cost reporting period divided by the 55,125
greater of the facility's inpatient days for that period or the 55,126
number of inpatient days the facility would have had during that 55,127
period if its occupancy rate had been eighty-five per cent. 55,128
(2) When calculating capital costs for the purpose of 55,130
establishing rates under section 5111.25 or 5111.251 of the 55,131
Revised Code, "per diem" means a facility's actual, allowable 55,132
capital costs in a cost reporting period divided by the greater 55,133
of the facility's inpatient days for that period or the number of 55,134
inpatient days the facility would have had during that period if 55,135
its occupancy rate had been ninety-five per cent. 55,136
(R) "Provider" means a person or government entity that 55,138
operates a nursing facility or intermediate care facility for the 55,139
mentally retarded under a provider agreement. 55,140
(S) "Provider agreement" means a contract between the 55,142
department of human JOB AND FAMILY services and a nursing 55,143
facility or intermediate care facility for the mentally retarded 55,144
for the provision of nursing facility services or intermediate 55,145
1211
care facility services for the mentally retarded under the 55,146
medical assistance program. 55,147
(T) "Purchased nursing services" means services that are 55,149
provided in a nursing facility by registered nurses, licensed 55,150
practical nurses, or nurse aides who are not employees of the 55,151
facility. 55,152
(U) "Reasonable" means that a cost is an actual cost that 55,154
is appropriate and helpful to develop and maintain the operation 55,155
of patient care facilities and activities, including normal 55,156
standby costs, and that does not exceed what a prudent buyer pays 55,157
for a given item or services. Reasonable costs may vary from 55,158
provider to provider and from time to time for the same provider. 55,159
(V) "Related party" means an individual or organization 55,161
that, to a significant extent, has common ownership with, is 55,162
associated or affiliated with, has control of, or is controlled 55,163
by, the provider. 55,164
(1) An individual who is a relative of an owner is a 55,166
related party. 55,167
(2) Common ownership exists when an individual or 55,169
individuals possess significant ownership or equity in both the 55,170
provider and the other organization. Significant ownership or 55,171
equity exists when an individual or individuals possess five per 55,172
cent ownership or equity in both the provider and a supplier. 55,173
Significant ownership or equity is presumed to exist when an 55,174
individual or individuals possess ten per cent ownership or 55,175
equity in both the provider and another organization from which 55,176
the provider purchases or leases real property. 55,177
(3) Control exists when an individual or organization has 55,179
the power, directly or indirectly, to significantly influence or 55,180
direct the actions or policies of an organization. 55,181
(4) An individual or organization that supplies goods or 55,183
services to a provider shall not be considered a related party if 55,184
all of the following conditions are met: 55,185
(a) The supplier is a separate bona fide organization. 55,187
1212
(b) A substantial part of the supplier's business activity 55,189
of the type carried on with the provider is transacted with 55,190
others than the provider and there is an open, competitive market 55,191
for the types of goods or services the supplier furnishes. 55,192
(c) The types of goods or services are commonly obtained 55,194
by other nursing facilities or intermediate care facilities for 55,195
the mentally retarded from outside organizations and are not a 55,196
basic element of patient care ordinarily furnished directly to 55,197
patients by the facilities. 55,198
(d) The charge to the provider is in line with the charge 55,200
for the goods or services in the open market and no more than the 55,201
charge made under comparable circumstances to others by the 55,202
supplier. 55,203
(W) "Relative of owner" means an individual who is related 55,205
to an owner of a nursing facility or intermediate care facility 55,206
for the mentally retarded by one of the following relationships: 55,207
(1) Spouse; 55,209
(2) Natural parent, child, or sibling; 55,211
(3) Adopted parent, child, or sibling; 55,213
(4) Step-parent, step-child, step-brother, or step-sister; 55,215
(5) Father-in-law, mother-in-law, son-in-law, 55,217
daughter-in-law, brother-in-law, or sister-in-law; 55,218
(6) Grandparent or grandchild; 55,220
(7) Foster parent, foster child, foster brother, or foster 55,222
sister. 55,223
(X) "Renovation" and "extensive renovation" mean: 55,225
(1) Any betterment, improvement, or restoration of a 55,227
nursing facility or intermediate care facility for the mentally 55,228
retarded started before July 1, 1993, that meets the definition 55,229
of a renovation or extensive renovation established in rules 55,230
adopted by the department DIRECTOR of human JOB AND FAMILY 55,232
services in effect on December 22, 1992.
(2) In the case of betterments, improvements, and 55,234
restorations of nursing facilities and intermediate care 55,235
1213
facilities for the mentally retarded started on or after July 1, 55,236
1993: 55,237
(a) "Renovation" means the betterment, improvement, or 55,239
restoration of a nursing facility or intermediate care facility 55,240
for the mentally retarded beyond its current functional capacity 55,241
through a structural change that costs at least five hundred 55,242
dollars per bed. A renovation may include betterment, 55,243
improvement, restoration, or replacement of assets that are 55,244
affixed to the building and have a useful life of at least five 55,245
years. A renovation may include costs that otherwise would be 55,246
considered maintenance and repair expenses if they are an 55,247
integral part of the structural change that makes up the 55,248
renovation project. "Renovation" does not mean construction of 55,249
additional space for beds that will be added to a facility's 55,250
licensed or certified capacity. 55,251
(b) "Extensive renovation" means a renovation that costs 55,253
more than sixty-five per cent and no more than eighty-five per 55,254
cent of the cost of constructing a new bed and that extends the 55,255
useful life of the assets for at least ten years. 55,256
For the purposes of division (X)(2) of this section, the 55,258
cost of constructing a new bed shall be considered to be forty 55,259
thousand dollars, adjusted for the estimated rate of inflation 55,260
from January 1, 1993, to the end of the calendar year during 55,261
which the renovation is completed, using the consumer price index 55,262
for shelter costs for all urban consumers for the north central 55,263
region, as published by the United States bureau of labor 55,264
statistics. 55,265
The department of human JOB AND FAMILY services may treat a 55,267
renovation that costs more than eighty-five per cent of the cost 55,268
of constructing new beds as an extensive renovation if the 55,269
department determines that the renovation is more prudent than 55,270
construction of new beds. 55,271
Sec. 5111.202. (A) As used in this section: 55,280
(1) "Dementia" includes Alzheimer's disease or a related 55,282
1214
disorder. 55,283
(2) "Serious mental illness" means "serious mental 55,285
illness," as defined by the United States department of health 55,286
and human services in regulations adopted under section
1919(e)(7)(G)(i) of the "Social Security Act," 49 Stat. 620 55,287
(1935), 42 U.S.C.A. 301, as amended. 55,288
(3) "Mentally ill individual" means an individual who has 55,290
a serious mental illness other than either of the following: 55,291
(a) A primary diagnosis of dementia; 55,293
(b) A primary diagnosis that is not a primary diagnosis of 55,295
dementia and a primary diagnosis of something other than a 55,296
serious mental illness. 55,297
(4) "Mentally retarded individual" means an individual who 55,299
is mentally retarded or has a related condition, as described in 55,300
section 1905(d) of the "Social Security Act." 55,301
(5) "Specialized services" means the services specified by 55,303
the United States department of health and human services in 55,304
regulations adopted under section 1919(e)(7)(G)(iii) of the 55,305
"Social Security Act." 55,306
(B)(1) Except as provided in division (D) of this section, 55,308
no nursing facility shall admit as a resident any mentally ill 55,309
individual unless the facility has received evidence that the 55,310
department of mental health has determined both of the following 55,311
under section 5119.061 of the Revised Code: 55,312
(a) That the individual requires the level of services 55,314
provided by a nursing facility because of the individual's 55,315
physical and mental condition; 55,316
(b) Whether the individual requires specialized services 55,318
for mental illness. 55,319
(2) Except as provided in division (D) of this section, no 55,321
nursing facility shall admit as a resident any mentally retarded 55,322
individual unless the facility has received evidence that the 55,323
department of mental retardation and developmental disabilities 55,324
has determined both of the following under section 5123.021 of 55,325
1215
the Revised Code: 55,326
(a) That the individual requires the level of services 55,328
provided by a nursing facility because of the individual's 55,329
physical and mental condition; 55,330
(b) Whether the individual requires specialized services 55,332
for mental retardation. 55,333
(C) The department of human JOB AND FAMILY services shall 55,335
not make payments under the medical assistance program to a 55,336
nursing facility on behalf of any individual who is admitted to 55,337
the facility in violation of division (B) of this section for the 55,338
period beginning on the date of admission and ending on the date 55,339
the requirements of division (B) of this section are met. 55,340
(D) A determination under division (B) of this section is 55,342
not required for any individual who is exempted from the 55,343
requirement that a determination be made by division (B)(2) of 55,344
section 5119.061 of the Revised Code or rules adopted by the 55,345
department of mental health under division (E)(3) of that 55,346
section, or by division (B)(2) of section 5123.021 of the Revised 55,347
Code or rules adopted by the department of mental retardation and 55,348
developmental disabilities under division (E)(3) of that section. 55,349
Sec. 5111.203. Regardless of whether or not he AN 55,358
APPLICANT FOR ADMISSION TO A NURSING FACILITY OR RESIDENT OF A 55,359
NURSING FACILITY is an applicant for or recipient of medical 55,360
assistance, the department of human JOB AND FAMILY services shall
provide notice and an opportunity for a hearing to any applicant 55,361
for admission to a nursing facility or resident of a nursing 55,362
facility who is adversely affected by a determination made by the 55,364
department of mental health under section 5119.061 of the Revised 55,366
Code or by the department of mental retardation and developmental 55,368
disabilities under section 5123.021 of the Revised Code. The 55,369
hearing shall be conducted in the same manner as hearings 55,370
conducted under section 5101.35 of the Revised Code. Any 55,372
decision made by the department of human JOB AND FAMILY services
on the basis of the hearing is binding on the department of
1216
mental health and the department of mental retardation and 55,373
developmental disabilities. 55,374
Sec. 5111.204. (A) As used in this section and in section 55,383
5111.205 of the Revised Code, "representative" means a person 55,384
acting on behalf of an applicant for or recipient of medical 55,386
assistance. A representative may be a family member, attorney, 55,387
hospital social worker, or any other person chosen to act on 55,388
behalf of an applicant or recipient. 55,389
(B) The department of human JOB AND FAMILY services may 55,391
require an applicant for or recipient of medical assistance who 55,392
applies or intends to apply for admission to a nursing facility 55,393
to undergo an assessment to determine whether he THE APPLICANT OR 55,394
RECIPIENT needs the level of care provided by a nursing facility. 55,395
To the maximum extent possible, the assessment shall be based on 55,396
information from the resident assessment instrument specified in 55,397
rules adopted by the department DIRECTOR OF JOB AND FAMILY 55,398
SERVICES under division (A) of section 5111.231 of the Revised 55,399
Code. The assessment shall also be based on criteria and 55,400
procedures established in rules adopted under division (H) of 55,401
this section and information provided by the person being 55,402
assessed or his THE PERSON'S representative. The department of 55,403
human JOB AND FAMILY services, or if the assessment is performed 55,404
by another agency designated under section 5101.754 of the 55,406
Revised Code, the agency, shall, not later than the time the 55,407
assessment is required to be performed under division (C) of this 55,408
section, give written notice of its conclusions and the basis for 55,409
them to the person assessed and, if the department of human JOB 55,410
AND FAMILY services or designated entity has been informed that 55,412
the person has a representative, to the representative. 55,413
(C) The department of human JOB AND FAMILY services or 55,415
designated agency, whichever performs the assessment, shall 55,416
perform a complete assessment, or, if circumstances provided by 55,417
rules adopted under division (H) of this section exist, a partial 55,418
assessment, as follows: 55,419
1217
(1) In the case of a person applying or intending to apply 55,421
to a nursing facility while hospitalized, not later than one of 55,422
the following: 55,423
(a) One working day after the person or his THE PERSON'S 55,425
representative submits an application for admission to the 55,426
nursing facility or notifies the department of the person's 55,427
intention to apply;
(b) A later date requested by the person or his THE 55,429
PERSON'S representative. 55,430
(2) In the case of an emergency as determined in 55,432
accordance with rules adopted under division (H) of this section, 55,433
not later than one calendar day after the person or his THE 55,434
PERSON'S representative submits the application or notifies the 55,435
department of his THE PERSON'S intention to apply. 55,436
(3) In all other cases, not later than one of the 55,438
following: 55,439
(a) Five calendar days after the person or his THE 55,441
PERSON'S representative submits the application or notifies the 55,442
department of the person's intention to apply; 55,443
(b) A later date requested by the person or his THE 55,445
PERSON'S representative. 55,446
(D) If the department of human JOB AND FAMILY services or 55,448
designated agency conducts a partial assessment under division 55,449
(C) of this section, it shall complete the rest of the assessment 55,450
not later than one hundred eighty days after the date the person 55,451
is admitted to the nursing facility unless the department or 55,452
designated agency determines the person should be exempt from the 55,453
assessment. 55,454
(E) A person is not required to be assessed under this 55,456
section if the circumstances specified by rule adopted under 55,457
division (H) of this section exist or the department of human JOB 55,458
AND FAMILY services or designated agency determines after a
partial assessment that the person should be exempt from the 55,459
assessment.
1218
(F) A person assessed under this section or the person's 55,461
representative may appeal the conclusions reached by the 55,462
department of human JOB AND FAMILY services or designated agency
on the basis of the assessment. The appeal shall be made in 55,463
accordance with section 5101.35 of the Revised Code. The 55,464
department of human JOB AND FAMILY services or designated agency,
whichever performs the assessment, shall provide to the person or 55,466
his THE PERSON'S representative and the nursing facility written 55,467
notice of the person's right to appeal. The notice shall include 55,468
an explanation of the procedure for filing an appeal. 55,469
(G) A nursing facility that admits or retains a person 55,471
determined pursuant to an assessment required under division (B) 55,472
or (C) of this section not to need the level of care provided by 55,473
the nursing facility shall not be reimbursed under the medical 55,474
assistance program for the person's care. 55,475
(H) The department DIRECTOR of human JOB AND FAMILY 55,478
services shall adopt rules in accordance with Chapter 119. of the 55,479
Revised Code to implement and administer this section. The rules 55,480
shall include all of the following: 55,481
(1) Criteria and procedures to be used in determining 55,483
whether admission to a nursing facility is appropriate for the 55,484
person being assessed. The criteria shall include consideration 55,485
of whether the person is in need of any of the following: 55,486
(a) Nursing or rehabilitation services; 55,488
(b) Assistance with two or more of the activities of daily 55,490
living; 55,491
(c) Continuous supervision to prevent harm to the person 55,493
as a result of cognitive impairment. 55,494
(2) Information the person being assessed or his THE 55,496
PERSON'S representative must provide to the department or 55,497
designated agency for purposes of the assessment; 55,498
(3) Circumstances under which the department of human JOB 55,500
AND FAMILY services or designated agency may perform a partial
assessment under division (C) of this section; 55,501
1219
(4) Circumstances under which a person is not required to 55,503
be assessed. 55,504
Sec. 5111.205. If the recommendation resulting from an 55,513
assessment made under section 5111.204 of the Revised Code is 55,515
that home and community-based services are appropriate for the 55,517
person assessed, the department of human JOB AND FAMILY services
or agency designated under section 5101.754 of the Revised Code, 55,518
whichever performed the assessment, may develop a plan in 55,520
consultation with the person or his THE PERSON'S representative 55,521
for provision of home and community-based services to that 55,522
person. If a plan is developed, the department or designated 55,523
agency shall implement the plan agreed to by the person or his 55,524
THE PERSON'S representative not later than one working day after 55,525
the plan is agreed to unless the person or representative agrees 55,526
to a later implementation date.
Sec. 5111.21. (A) Subject to sections 5111.01, 5111.011, 55,535
5111.012, and 5111.02 of the Revised Code, the department of 55,536
human JOB AND FAMILY services shall pay, as provided in sections
5111.20 to 5111.32 of the Revised Code, the reasonable costs of 55,537
services provided to an eligible medicaid recipient by an 55,538
eligible nursing facility or intermediate care facility for the 55,539
mentally retarded.
In order to be eligible for medical assistance payments, a 55,541
nursing facility or intermediate care facility for the mentally 55,542
retarded shall do all of the following: 55,543
(1) Enter into a provider agreement with the department as 55,545
provided in section 5111.22 of the Revised Code; 55,546
(2) Apply for and maintain a valid license to operate if 55,548
so required by law; 55,549
(3) Comply with all applicable state and federal laws and 55,551
rules. 55,552
(B) A nursing facility that elects to obtain and maintain 55,554
eligibility for payments under the medicare program established 55,555
by Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 55,556
1220
42 U.S.C.A. 301, as amended may qualify all or part of the 55,557
facility in the medicare program. 55,558
Sec. 5111.22. A provider agreement between the department 55,567
of human JOB AND FAMILY services and a nursing facility or 55,568
intermediate care facility for the mentally retarded shall 55,569
contain the following provisions: 55,570
(A) The department agrees to: 55,572
(1) Make payments to the nursing facility or intermediate 55,574
care facility for the mentally retarded for patients eligible for 55,575
services under the medical assistance program as provided in 55,576
sections 5111.20 to 5111.32 of the Revised Code. Payments shall 55,577
be made no later than the fifteenth day of the month following a 55,578
month in which care and services are provided to recipients of 55,579
medical assistance. Such payments shall be retroactive to the 55,580
first day of the month in which an application for benefits is 55,581
made or the day a recipient of medical assistance is admitted to 55,582
the facility. In the case of newly admitted recipients of 55,583
medical assistance, the first payment shall be made no later than 55,584
sixty days following the date of authorized admission. No 55,585
payment shall be made for the day a recipient is discharged from 55,586
the facility. 55,587
(2) Provide copies of department rules governing the 55,589
facility's participation as a provider in the medical assistance 55,590
program. Whenever the department DIRECTOR OF JOB AND FAMILY 55,591
SERVICES files a proposed rule or proposed rule in revised form 55,593
under division (D) of section 111.15 or division (B) of section 55,594
119.03 of the Revised Code, the department shall provide the 55,595
facility with one copy of such rule. In the case of a rescission 55,596
or proposed rescission of a rule, the department may provide the 55,597
rule number and title instead of the rules rescinded or proposed 55,598
to be rescinded.
(B) The provider agrees to: 55,600
(1) Maintain eligibility as provided in section 5111.21 of 55,602
the Revised Code; 55,603
1221
(2) Keep records relating to a cost reporting period for 55,605
the greater of seven years after the cost report is filed or, if 55,606
the department issues an audit report in accordance with division 55,607
(B) of section 5111.27 of the Revised Code, six years after all 55,608
appeal rights relating to the audit report are exhausted; 55,609
(3) File reports as required by the department; 55,611
(4) Open all records relating to the costs of its services 55,613
for inspection and audit by the department; 55,614
(5) Open its premises for inspection by the department, 55,616
the department of health, and any other state or local authority 55,617
having authority to inspect; 55,618
(6) Supply to the department such information as it 55,620
requires concerning the facility's services to patients who are 55,621
or are eligible to be medicaid recipients; 55,622
(7) Comply with section 5111.31 of the Revised Code. 55,624
The provider agreement may contain other provisions that 55,626
are consistent with law and considered necessary by the 55,627
department. 55,628
A provider agreement shall be effective for no longer than 55,630
twelve months, except that if federal statute or regulations 55,631
authorize a longer term, it may be effective for a longer term so 55,632
authorized. A provider agreement may be renewed only if the 55,633
facility is certified by the department of health for 55,634
participation in the medicaid program. 55,635
The department of human JOB AND FAMILY services, in 55,637
accordance with rules adopted BY THE DIRECTOR pursuant to Chapter 55,639
119. of the Revised Code, may elect not to enter into, not to 55,641
renew, or to terminate a provider agreement when the department 55,642
determines that such an agreement would not be in the best 55,643
interests of the recipients or of the state. 55,644
Sec. 5111.221. The department of human JOB AND FAMILY 55,653
services shall make its best efforts each year to calculate rates 55,654
under sections 5111.23 to 5111.29 of the Revised Code in time to 55,655
use them to make the payments due to nursing facilities and 55,656
1222
intermediate care facilities for the mentally retarded by the
fifteenth day of August. If the department is unable to 55,657
calculate the rates so that they can be paid by that date, the 55,658
department shall pay each facility the rate calculated for it 55,659
under those sections at the end of the previous fiscal year. If 55,660
the department also is unable to calculate the rates to make the 55,661
payments due by the fifteenth day of September and the fifteenth 55,663
day of October, the department shall pay the previous fiscal 55,664
year's rate to make those payments. The department may increase 55,665
by five per cent the previous fiscal year's rate paid to any 55,666
facility pursuant to this section at the request of the facility.
The department shall use rates calculated for the current fiscal 55,667
year to make the payments due by the fifteenth day of November. 55,668
If the rate paid to a facility pursuant to this section is 55,670
lower than the rate calculated for it for the current fiscal 55,671
year, the department shall pay the facility the difference 55,672
between the two rates for the number of days for which the 55,673
facility was paid pursuant to this section. If the rate paid to
a facility pursuant to this section is higher than the rate 55,674
calculated for it for the current fiscal year, the facility shall 55,675
refund to the department the difference between the two rates for 55,676
the number of days for which the facility was paid pursuant to 55,677
this section.
Sec. 5111.23. (A) The department of human JOB AND FAMILY 55,686
services shall pay each eligible nursing facility and 55,688
intermediate care facility for the mentally retarded a per 55,689
resident per day rate for direct care costs established 55,690
prospectively for each facility. Except as provided in division 55,691
(C)(2) of this section, the department shall establish each 55,692
facility's rate for direct care costs quarterly. 55,693
(B) Each facility's rate for direct care costs shall be 55,695
based on the facility's cost per case-mix unit, subject to the 55,696
maximum costs per case-mix unit established under division (B)(2) 55,698
of this section, from the calendar year preceding the fiscal year 55,699
1223
in which the rate is paid. To determine the rate, the department 55,700
shall do all of the following:
(1) Determine each facility's cost per case-mix unit for 55,702
the calendar year preceding the fiscal year in which the rate 55,703
will be paid by dividing the facility's desk-reviewed, actual, 55,704
allowable, per diem direct care costs for that year by its 55,705
average case-mix score determined under section 5111.231 of the 55,706
Revised Code for the same calendar year. 55,707
(2)(a) Set the maximum cost per case-mix unit for each 55,709
peer group of nursing facilities specified in rules adopted under 55,710
division (E) of this section at a percentage above the cost per 55,711
case-mix unit of the facility in the group that has the group's 55,712
median medicaid inpatient day for the calendar year preceding the 55,714
fiscal year in which the rate will be paid, as calculated under 55,715
division (B)(1) of this section, that is no less than the
percentage calculated under division (D)(1) of this section. 55,716
(b) Set the maximum cost per case-mix unit for each peer 55,718
group of intermediate care facilities for the mentally retarded 55,719
with more than eight beds specified in rules adopted under 55,720
division (E) of this section at a percentage above the cost per 55,721
case-mix unit of the facility in the group that has the group's 55,722
median medicaid inpatient day for the calendar year preceding the 55,724
fiscal year in which the rate will be paid, as calculated under 55,725
division (B)(1) of this section, that is no less than the
percentage calculated under division (D)(2) of this section. 55,726
(c) Set the maximum cost per case-mix unit for each peer 55,728
group of intermediate care facilities for the mentally retarded 55,729
with eight or fewer beds specified in rules adopted under 55,730
division (E) of this section at a percentage above the cost per 55,731
case-mix unit of the facility in the group that has the group's 55,732
median medicaid inpatient day for the calendar year preceding the 55,734
fiscal year in which the rate will be paid, as calculated under 55,735
division (B)(1) of this section, that is no less than the
percentage calculated under division (D)(3) of this section. 55,736
1224
(d) In calculating the maximum cost per case-mix unit 55,738
under divisions (B)(2)(a) to (c) of this section for each peer 55,739
group, the department shall exclude from its calculations the 55,740
cost per case-mix unit of any facility in the group that 55,741
participated in the medical assistance program under the same
operator for less than twelve months during the calendar year 55,742
preceding the fiscal year in which the rate will be paid. 55,743
(3) Estimate the rate of inflation for the eighteen-month 55,745
period beginning on the first day of July of the calendar year 55,746
preceding the fiscal year in which the rate will be paid and 55,747
ending on the thirty-first day of December of the fiscal year in 55,748
which the rate will be paid, using the employment cost index for 55,749
total compensation, health services component, published by the 55,750
United States bureau of labor statistics. If the estimated 55,751
inflation rate for the eighteen-month period is different from 55,752
the actual inflation rate for that period, as measured using the 55,753
same index, the difference shall be added to or subtracted from 55,754
the inflation rate estimated under division (B)(3) of this 55,755
section for the following fiscal year. 55,756
(4) The department shall not recalculate a maximum cost 55,758
per case-mix unit under division (B)(2) of this section or a 55,760
percentage under division (D) of this section based on additional 55,761
information that it receives after the maximum costs per case-mix 55,762
unit or percentages are set. The department shall recalculate a 55,763
maximum cost per case-mix units or percentage only if it made an 55,764
error in computing the maximum cost per case-mix unit or 55,765
percentage based on information available at the time of the 55,766
original calculation.
(C) Each facility's rate for direct care costs shall be 55,768
determined as follows for each calendar quarter within a fiscal 55,769
year: 55,770
(1) Multiply the lesser of the following by the facility's 55,772
average case-mix score determined under section 5111.231 of the 55,773
Revised Code for the calendar quarter that preceded the 55,774
1225
immediately preceding calendar quarter: 55,775
(a) The facility's cost per case-mix unit for the calendar 55,777
year preceding the fiscal year in which the rate will be paid, as 55,778
determined under division (B)(1) of this section; 55,779
(b) The maximum cost per case-mix unit established for the 55,782
fiscal year in which the rate will be paid for the facility's
peer group under division (B)(2) of this section; 55,783
(2) Adjust the product determined under division (C)(1) of 55,787
this section by the inflation rate estimated under division
(B)(3) of this section. 55,788
(D)(1) The department shall calculate the percentage above 55,790
the median cost per case-mix unit determined under division 55,791
(B)(1) of this section for the facility that has the median 55,792
medicaid inpatient day for calendar year 1992 for all nursing 55,793
facilities that would result in payment of all desk-reviewed, 55,794
actual, allowable direct care costs for eighty-five per cent of 55,795
the medicaid inpatient days for nursing facilities for calendar 55,796
year 1992. 55,797
(2) The department shall calculate the percentage above 55,799
the median cost per case-mix unit determined under division 55,800
(B)(1) of this section for the facility that has the median 55,801
medicaid inpatient day for calendar year 1992 for all 55,802
intermediate care facilities for the mentally retarded with more 55,803
than eight beds that would result in payment of all 55,804
desk-reviewed, actual, allowable direct care costs for eighty and 55,805
one-half per cent of the medicaid inpatient days for such 55,806
facilities for calendar year 1992. 55,807
(3) The department shall calculate the percentage above 55,809
the median cost per case-mix unit determined under division 55,810
(B)(1) of this section for the facility that has the median 55,811
medicaid inpatient day for calendar year 1992 for all 55,812
intermediate care facilities for the mentally retarded with eight 55,813
or fewer beds that would result in payment of all desk-reviewed, 55,814
actual, allowable direct care costs for eighty and one-half per 55,815
1226
cent of the medicaid inpatient days for such facilities for 55,816
calendar year 1992. 55,817
(E) The department DIRECTOR OF JOB AND FAMILY SERVICES 55,819
shall adopt rules in accordance with Chapter 119. of the Revised 55,821
Code that specify peer groups of nursing facilities, intermediate 55,822
care facilities for the mentally retarded with more than eight 55,823
beds, and intermediate care facilities for the mentally retarded 55,824
with eight or fewer beds, based on findings of significant per 55,825
diem direct care cost differences due to geography and facility 55,826
bed-size. The rules also may specify peer groups based on 55,827
findings of significant per diem direct care cost differences due 55,828
to other factors which may include, in the case of intermediate 55,829
care facilities for the mentally retarded, case-mix. 55,830
(F) The department, in accordance with division (C) of 55,832
section 5111.231 of the Revised Code and rules adopted under 55,833
division (D) of that section, may assign case-mix scores or costs 55,834
per case-mix unit if a facility fails to submit assessment 55,835
information necessary to calculate its case-mix score in 55,836
accordance with that section. 55,837
Sec. 5111.231. (A)(1) The department of human JOB AND 55,846
FAMILY services shall determine case-mix scores for nursing 55,848
facilities using data for each resident, regardless of payment 55,849
source, from a resident assessment instrument specified in rules 55,850
adopted in accordance with Chapter 119. of the Revised Code 55,851
pursuant to section 1919(e)(5) of the "Social Security Act," 49 55,852
Stat. 620 (1935), 42 U.S.C.A. 1396r(e)(5), as amended, and the 55,853
case-mix values established by the United States department of 55,854
health and human services. Except as modified in rules adopted 55,855
under division (A)(1)(c) of this section, the department also 55,856
shall use the grouper methodology used on the effective date of 55,859
this amendment JUNE 30, 1999, by the United States department of 55,861
health and human services for prospective payment of skilled
nursing facilities under the medicare program established by 55,862
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 55,864
1227
U.S.C.A. 301, as amended. The department DIRECTOR OF JOB AND 55,865
FAMILY SERVICES may adopt rules in accordance with Chapter 119. 55,866
of the Revised Code that do any of the following: 55,867
(a) Adjust the case-mix values to reflect changes in 55,869
relative wage differentials that are specific to this state; 55,870
(b) Express all of the case-mix values in numeric terms 55,872
that are different from the terms specified by the United States 55,873
department of health and human services but that do not alter the 55,874
relationship of the case-mix values to one another; 55,875
(c) Modify the grouper methodology as follows: 55,877
(i) Establish a different hierarchy for assigning 55,879
residents to case-mix categories under the methodology; 55,880
(ii) Prohibit the use of the index maximizer element of 55,882
the methodology; 55,883
(iii) Incorporate changes to the methodology the United 55,885
States department of health and human services makes after the 55,886
effective date of this amendment JUNE 30, 1999; 55,887
(iv) Make other changes the medicaid long-term care 55,891
reimbursement study council established by section 5111.34 of the 55,893
Revised Code approves.
(2) The department shall determine case-mix scores for 55,895
intermediate care facilities for the mentally retarded using data 55,896
for each resident, regardless of payment source, from a resident 55,897
assessment instrument and grouper methodology prescribed in rules 55,898
adopted in accordance with Chapter 119. of the Revised Code and 55,900
expressed in case-mix values established by the department in 55,901
those rules. The department may change the grouper methodology 55,902
prescribed in rules in effect on the effective date of this 55,904
amendment JUNE 30, 1999, only if the medicaid long-term care 55,905
reimbursement study council approves the change. 55,906
(B) Not later than fifteen days after the end of each 55,908
calendar quarter, each nursing facility and intermediate care 55,909
facility for the mentally retarded shall submit to the department 55,910
the complete assessment data, from the instrument specified in 55,911
1228
rules adopted under division (A) of this section, for each 55,912
resident, regardless of payment source, who was in the facility 55,913
or on hospital or therapeutic leave from the facility on the last 55,914
day of the quarter. 55,915
Except as provided in division (C) of this section, the 55,917
department, after the end of each calendar year and pursuant to 55,918
procedures specified in rules adopted in accordance with Chapter 55,919
119. of the Revised Code, shall calculate an annual average 55,920
case-mix score for each nursing facility and intermediate care 55,921
facility for the mentally retarded using the facility's quarterly 55,922
case-mix scores for that calendar year. 55,923
(C)(1) If a facility does not timely submit information 55,925
for a calendar quarter necessary to calculate its case-mix score, 55,926
or submits incomplete or inaccurate information for a calendar 55,927
quarter, the department may assign the facility a quarterly 55,928
average case-mix score that is five per cent less than the 55,929
facility's quarterly average case-mix score for the preceding 55,930
calendar quarter. If the facility was subject to an exception 55,931
review under division (C) of section 5111.27 of the Revised Code 55,932
for the preceding calendar quarter, the department may assign a 55,933
quarterly average case-mix score that is five per cent less than 55,934
the score determined by the exception review. If the facility 55,935
was assigned a quarterly average case-mix score for the preceding 55,936
quarter, the department may assign a quarterly average case-mix 55,937
score that is five per cent less than that score assigned for the 55,938
preceding quarter. 55,939
The department may use a quarterly average case-mix score 55,941
assigned under division (C)(1) of this section, instead of a 55,942
quarterly average case-mix score calculated based on the 55,943
facility's submitted information, to calculate the facility's 55,944
rate for direct care costs being established under section 55,945
5111.23 of the Revised Code for one or more months, as specified 55,946
in rules adopted under division (D) of this section, of the 55,947
quarter for which the rate established under section 5111.23 of 55,948
1229
the Revised Code will be paid. 55,949
Before taking action under division (C)(1) of this section, 55,951
the department shall permit the facility a reasonable period of 55,952
time, specified in rules adopted under division (D) of this 55,953
section, to correct the information. In the case of an 55,954
intermediate care facility for the mentally retarded, the 55,955
department shall not assign a quarterly average case-mix score 55,957
due to late submission of corrections to assessment information 55,958
unless the facility fails to submit corrected information prior 55,959
to the eighty-first day after the end of the calendar quarter to 55,960
which the information pertains. In the case of a nursing 55,961
facility, the department shall not assign a quarterly average 55,962
case-mix score due to late submission of corrections to 55,963
assessment information unless the facility fails to submit
corrected information prior to the earlier of the eighty-first 55,964
day after the end of the calendar quarter to which the 55,965
information pertains or the deadline for submission of such 55,966
corrections established by regulations adopted by the United 55,967
States department of health and human services under Titles XVIII 55,968
and XIX of the Social Security Act. 55,969
(2) If a facility is paid a rate calculated using a 55,971
quarterly average case-mix score assigned under division (C)(1) 55,972
of this section for more than six months in a calendar year, the 55,973
department may assign the facility a cost per case-mix unit that 55,974
is five per cent less than the facility's actual or assigned cost 55,975
per case-mix unit for the preceding calendar year. The 55,976
department may use the assigned cost per case-mix unit, instead 55,977
of calculating the facility's actual cost per case-mix unit in 55,978
accordance with section 5111.23 of the Revised Code, to establish 55,979
the facility's rate for direct care costs for the following 55,980
fiscal year. 55,981
(3) The department shall take action under division (C)(1) 55,983
or (2) of this section only in accordance with rules adopted 55,984
under division (D) of this section. The department shall not 55,985
1230
take an action that affects rates for prior payment periods 55,986
except in accordance with sections 5111.27 and 5111.28 of the 55,987
Revised Code. 55,988
(D) The department DIRECTOR may adopt rules in accordance 55,990
with Chapter 119. of the Revised Code that do any of the 55,991
following:
(1) Specify the medium or media through which the 55,993
completed assessment information shall be submitted; 55,994
(2) Establish procedures under which the department will 55,996
review assessment information for accuracy and notify the 55,997
facility of any information that requires correction; 55,998
(3) Establish procedures for facilities to correct 56,000
assessment information. The procedures may prohibit an 56,002
intermediate care facility for the mentally retarded from 56,003
submitting corrected assessment information, for the purpose of 56,004
calculating its annual average case-mix score, more than two 56,005
calendar quarters after the end of the quarter to which the 56,006
information pertains or, if the information pertains to the 56,007
quarter ending the thirty-first day of December, after the 56,008
thirty-first day of the following March. The procedures may 56,009
limit the content of corrections by nursing facilities in the 56,010
manner required by regulations adopted by the United States 56,011
department of health and human services under Titles XVIII and 56,012
XIX of the Social Security Act and prohibit a nursing facility 56,014
from submitting corrected assessment information, for the purpose 56,015
of calculating its annual average case-mix score, more than the 56,016
earlier of the following:
(a) Two calendar quarters after the end of the quarter to 56,018
which the information pertains or, if the information pertains to 56,019
the quarter ending the thirty-first day of December, after the 56,020
thirty-first day of the following March; 56,021
(b) The deadline for submission of such corrections 56,023
established by regulations adopted by the United States 56,024
department of health and human services under Titles XVIII and 56,025
1231
XIX of the Social Security Act. 56,026
(4) Specify when and how the department will assign 56,028
case-mix scores or costs per case-mix unit under division (C) of 56,029
this section if information necessary to calculate the facility's 56,030
average annual or quarterly case-mix score is not provided or 56,031
corrected in accordance with the procedures established by the 56,032
rules. Notwithstanding any other provision of sections 5111.20 56,033
to 5111.32 of the Revised Code, the rules also may provide for 56,034
exclusion of case-mix scores assigned under division (C) of this 56,035
section from calculation of the facility's annual average 56,036
case-mix score and the maximum cost per case-mix unit for the 56,037
facility's peer group. 56,038
Sec. 5111.235. The department of human JOB AND FAMILY 56,047
services shall pay each eligible nursing facility and 56,049
intermediate care facility for the mentally retarded a per 56,050
resident per day rate for other protected costs established 56,051
prospectively each fiscal year for each facility. The rate for 56,053
each facility shall be the facility's desk-reviewed, actual, 56,055
allowable, per diem other protected costs from the calendar year 56,057
preceding the fiscal year in which the rate will be paid, all 56,059
adjusted, except for franchise permit fees paid under section 56,060
3721.53 of the Revised Code, for the estimated inflation rate for 56,061
the eighteen-month period beginning on the first day of July of 56,063
the calendar year preceding the fiscal year in which the rate 56,064
will be paid and ending on the thirty-first day of December of 56,065
that fiscal year. The department shall estimate inflation using
the consumer price index for all urban consumers for 56,066
nonprescription drugs and medical supplies, as published by the 56,067
United States bureau of labor statistics. If the estimated 56,068
inflation rate for the eighteen-month period is different from 56,069
the actual inflation rate for that period, the difference shall
be added to or subtracted from the inflation rate estimated for 56,070
the following year.
Sec. 5111.24. (A) The department of human JOB AND FAMILY 56,079
1232
services shall pay each eligible nursing facility a per resident 56,080
per day rate for indirect care costs established prospectively 56,081
each fiscal year for each facility. The rate for each nursing 56,082
facility shall be the sum of the following, but shall not exceed 56,083
the maximum rate established for the facility's peer group under 56,084
division (B) of this section: 56,085
(1) The facility's desk-reviewed, actual, allowable, per 56,087
diem indirect care costs from the calendar year preceding the 56,088
fiscal year in which the rate will be paid, adjusted for the 56,089
inflation rate estimated under division (C)(1) of this section; 56,090
(2) An efficiency incentive in the following amount: 56,092
(a) For fiscal years ending in even-numbered calendar 56,094
years, the difference between the maximum rate established for 56,095
the facility's peer group under division (B) of this section and 56,096
the median, actual, allowable, per diem indirect care costs for 56,097
the facility's peer group; 56,098
(b) For fiscal years ending in odd-numbered calendar 56,100
years, the amount calculated for the preceding fiscal year under 56,101
division (A)(2)(a) of this section. 56,102
(B) The maximum rate for indirect care costs for each peer 56,104
group of nursing facilities specified in rules adopted under 56,105
division (D) of this section shall be determined as follows: 56,106
(1) For fiscal years that end in even-numbered calendar 56,108
years, the maximum rate for each peer group shall be the rate 56,109
that is twelve and one-half per cent above the desk-reviewed, 56,110
actual, allowable, per diem indirect care cost of the facility in 56,111
the peer group that has the group's median medicaid inpatient day 56,112
for the calendar year preceding the fiscal year in which the rate 56,113
will be paid, adjusted by the inflation rate estimated under 56,114
division (C)(1) of this section. In determining the maximum rate 56,115
for each peer group, the department shall exclude from its 56,116
calculations both of the following:
(a) Facilities in the group that participated in the 56,118
medical assistance program under the same operator for less than 56,119
1233
twelve months in the calendar year preceding the fiscal year in 56,120
which the rate will be paid;
(b) Facilities in the group whose indirect care costs are 56,122
more than three standard deviations from the mean desk-reviewed, 56,123
actual, allowable, per diem indirect care cost for all nursing 56,124
facilities for the calendar year preceding the fiscal year in 56,125
which the rate will be paid.
(2) For fiscal years that end in odd-numbered calendar 56,127
years, the maximum rate for each peer group is the group's 56,128
maximum rate for the previous fiscal year, adjusted for the 56,129
inflation rate estimated under division (C)(2) of this section. 56,130
(3) The department shall not recalculate a maximum rate 56,132
for indirect care costs under division (B)(1) or (2) of this 56,133
section based on additional information that it receives after 56,134
the maximum rate is set. The department shall recalculate the 56,135
maximum rate for indirect care costs only if it made an error in 56,136
computing the maximum rate based on the information available at 56,137
the time of the original calculation. 56,138
(C)(1) When adjusting rates for inflation under divisions 56,140
(A) and (B)(1) of this section, the department shall estimate the 56,141
rate of inflation for the eighteen-month period beginning on the 56,142
first day of July of the calendar year preceding the fiscal year 56,143
in which the rate will be paid and ending on the thirty-first day 56,144
of December of the fiscal year in which the rate will be paid, 56,145
using the consumer price index for all items for all urban 56,146
consumers for the north central region, published by the United 56,147
States bureau of labor statistics. 56,148
(2) When adjusting rates for inflation under division 56,150
(B)(2) of this section, the department shall estimate the rate of 56,151
inflation for the twelve-month period beginning on the first day 56,152
of January preceding the fiscal year in which the rate will be 56,153
paid and ending on the thirty-first day of December of the fiscal 56,154
year in which the rate will be paid, using the consumer price 56,155
index for all items for all urban consumers for the north central 56,156
1234
region, published by the United States bureau of labor 56,157
statistics. 56,158
(3) If an inflation rate estimated under division (C)(1) 56,160
or (2) of this section is different from the actual inflation 56,161
rate for the relevant time period, as measured using the same 56,162
index, the difference shall be added to or subtracted from the 56,163
inflation rate estimated for the same purpose pursuant to this 56,164
division for the following fiscal year. 56,165
(D) The department DIRECTOR OF JOB AND FAMILY SERVICES 56,167
shall adopt rules in accordance with Chapter 119. of the Revised 56,169
Code that specify peer groups of nursing facilities based on 56,170
findings of significant per diem indirect care cost differences 56,171
due to geography and facility bed-size. The rules also may 56,172
specify peer groups based on findings of significant per diem 56,173
indirect care cost differences due to other factors. 56,174
Sec. 5111.241. (A) The department of human JOB AND FAMILY 56,183
services shall pay each eligible intermediate care facility for 56,184
the mentally retarded a per resident per day rate for indirect 56,185
care costs established prospectively each fiscal year for each 56,186
facility. The rate for each intermediate care facility for the 56,187
mentally retarded shall be the sum of the following, but shall 56,188
not exceed the maximum rate established for the facility's peer 56,189
group under division (B) of this section: 56,190
(1) The facility's desk-reviewed, actual, allowable, per 56,192
diem indirect care costs from the calendar year preceding the 56,193
fiscal year in which the rate will be paid, adjusted for the 56,194
inflation rate estimated under division (C)(1) of this section; 56,195
(2) An efficiency incentive in the following amount: 56,197
(a) For fiscal years ending in even-numbered calendar 56,199
years: 56,200
(i) In the case of intermediate care facilities for the 56,202
mentally retarded with more than eight beds, seven and one-tenth 56,203
per cent of the maximum rate established for the facility's peer 56,204
group under division (B) of this section; 56,205
1235
(ii) In the case of intermediate care facilities for the 56,207
mentally retarded with eight or fewer beds, seven per cent of the 56,208
maximum rate established for the facility's peer group under 56,209
division (B) of this section; 56,210
(b) For fiscal years ending in odd-numbered calendar 56,212
years, the amount calculated for the preceding fiscal year under 56,213
division (A)(2)(a) of this section. 56,214
(B)(1) The maximum rate for indirect care costs for each 56,216
peer group of intermediate care facilities for the mentally 56,217
retarded with more than eight beds specified in rules adopted 56,218
under division (D) of this section shall be determined as 56,219
follows: 56,220
(a) For fiscal years ending in even-numbered calendar 56,222
years, the maximum rate for each peer group shall be the rate 56,223
that is no less than twelve and four-tenths per cent above the 56,224
median desk-reviewed, actual, allowable, per diem indirect care 56,225
cost for all intermediate care facilities for the mentally 56,226
retarded with more than eight beds in the group, excluding 56,227
facilities in the group whose indirect care costs for that period 56,228
are more than three standard deviations from the mean 56,229
desk-reviewed, actual, allowable, per diem indirect care cost for 56,230
all intermediate care facilities for the mentally retarded with 56,231
more than eight beds, for the calendar year preceding the fiscal 56,232
year in which the rate will be paid, adjusted by the inflation 56,233
rate estimated under division (C)(1) of this section. 56,234
(b) For fiscal years ending in odd-numbered calendar 56,236
years, the maximum rate for each peer group is the group's 56,237
maximum rate for the previous fiscal year, adjusted for the 56,238
inflation rate estimated under division (C)(2) of this section. 56,239
(2) The maximum rate for indirect care costs for each peer 56,241
group of intermediate care facilities for the mentally retarded 56,242
with eight or fewer beds specified in rules adopted under 56,243
division (D) of this section shall be determined as follows: 56,244
(a) For fiscal years ending in even-numbered calendar 56,246
1236
years, the maximum rate for each peer group shall be the rate 56,247
that is no less than ten and three-tenths per cent above the 56,248
median desk-reviewed, actual, allowable, per diem indirect care 56,249
cost for all intermediate care facilities for the mentally 56,250
retarded with eight or fewer beds in the group, excluding 56,251
facilities in the group whose indirect care costs are more than 56,252
three standard deviations from the mean desk-reviewed, actual, 56,253
allowable, per diem indirect care cost for all intermediate care 56,254
facilities for the mentally retarded with eight or fewer beds, 56,255
for the calendar year preceding the fiscal year in which the rate 56,256
will be paid, adjusted by the inflation rate estimated under 56,257
division (C)(1) of this section. 56,258
(b) For fiscal years that end in odd-numbered calendar 56,260
years, the maximum rate for each peer group is the group's 56,261
maximum rate for the previous fiscal year, adjusted for the 56,262
inflation rate estimated under division (C)(2) of this section. 56,263
(3) The department shall not recalculate a maximum rate 56,265
for indirect care costs under division (B)(1) or (2) of this 56,266
section based on additional information that it receives after 56,267
the maximum rate is set. The department shall recalculate the 56,268
maximum rate for indirect care costs only if it made an error in 56,269
computing the maximum rate based on the information available at 56,270
the time of the original calculation. 56,271
(C)(1) When adjusting rates for inflation under divisions 56,273
(A)(1), (B)(1)(a), and (B)(2)(a) of this section, the department 56,274
shall estimate the rate of inflation for the eighteen-month 56,275
period beginning on the first day of July of the calendar year 56,276
preceding the fiscal year in which the rate will be paid and 56,277
ending on the thirty-first day of December of the fiscal year in 56,278
which the rate will be paid, using the consumer price index for 56,279
all items for all urban consumers for the north central region, 56,280
published by the United States bureau of labor statistics. 56,281
(2) When adjusting rates for inflation under divisions 56,283
(B)(1)(b) and (B)(2)(b) of this section, the department shall 56,284
1237
estimate the rate of inflation for the twelve-month period 56,285
beginning on the first day of January of the fiscal year 56,286
preceding the fiscal year in which the rate will be paid and 56,287
ending on the thirty-first day of December of the fiscal year in 56,288
which the rate will be paid, using the consumer price index for 56,289
all items for all urban consumers for the north central region, 56,290
published by the United States bureau of labor statistics. 56,291
(3) If an inflation rate estimated under division (C)(1) 56,293
or (2) of this section is different from the actual inflation 56,294
rate for the relevant time period, as measured using the same 56,295
index, the difference shall be added to or subtracted from the 56,296
inflation rate estimated pursuant to this division for the 56,297
following fiscal year. 56,298
(D) The department DIRECTOR OF JOB AND FAMILY SERVICES 56,300
shall adopt rules in accordance with Chapter 119. of the Revised 56,302
Code that specify peer groups of intermediate care facilities for 56,303
the mentally retarded with more than eight beds, and peer groups 56,304
of intermediate care facilities for the mentally retarded with 56,305
eight or fewer beds, based on findings of significant per diem 56,306
indirect care cost differences due to geography and facility 56,307
bed-size. The rules also may specify peer groups based on 56,308
findings of significant per diem indirect care cost differences 56,309
due to other factors, including case-mix. 56,310
Sec. 5111.25. (A) The department of human JOB AND FAMILY 56,319
services shall pay each eligible nursing facility a per resident 56,320
per day rate for its reasonable capital costs established 56,321
prospectively each fiscal year for each facility. Except as 56,322
otherwise provided in sections 5111.20 to 5111.32 of the Revised 56,323
Code, the rate shall be based on the facility's capital costs for 56,324
the calendar year preceding the fiscal year in which the rate
will be paid. The rate shall equal the sum of divisions (A)(1) 56,325
to (3) of this section: 56,326
(1) The lesser of the following: 56,328
(a) Eighty-eight and sixty-five one-hundredths per cent of 56,330
1238
the facility's desk-reviewed, actual, allowable, per diem cost of 56,331
ownership and eighty-five per cent of the facility's actual, 56,332
allowable, per diem cost of nonextensive renovation determined 56,333
under division (F) of this section; 56,334
(b) Eighty-eight and sixty-five one-hundredths per cent of 56,336
the following limitation: 56,337
(i) For the fiscal year beginning July 1, 1993, sixteen 56,339
dollars per resident day; 56,340
(ii) For the fiscal year beginning July 1, 1994, sixteen 56,342
dollars per resident day, adjusted to reflect the rate of 56,343
inflation for the twelve-month period beginning July 1, 1992, and 56,344
ending June 30, 1993, using the consumer price index for shelter 56,345
costs for all urban consumers for the north central region, 56,346
published by the United States bureau of labor statistics; 56,347
(iii) For subsequent fiscal years, the limitation in 56,349
effect during the previous fiscal year, adjusted to reflect the 56,350
rate of inflation for the twelve-month period beginning on the 56,351
first day of July for the calendar year preceding the calendar 56,352
year that precedes the fiscal year and ending on the following 56,353
thirtieth day of June, using the consumer price index for shelter 56,354
costs for all urban consumers for the north central region, 56,355
published by the United States bureau of labor statistics. 56,356
(2) Any efficiency incentive determined under division (D) 56,358
of this section; 56,359
(3) Any amounts for return on equity determined under 56,361
division (H) of this section. 56,362
Buildings shall be depreciated using the straight line 56,364
method over forty years or over a different period approved by 56,365
the department. Components and equipment shall be depreciated 56,366
using the straight-line method over a period designated in rules 56,367
adopted by the department DIRECTOR OF JOB AND FAMILY SERVICES in 56,368
accordance with Chapter 119. of the Revised Code, consistent with 56,370
the guidelines of the American hospital association, or over a 56,371
different period approved by the department. Any rules adopted 56,372
1239
under this division that specify useful lives of buildings, 56,373
components, or equipment apply only to assets acquired on or 56,374
after July 1, 1993. Depreciation for costs paid or reimbursed by 56,375
any government agency shall not be included in cost of ownership 56,376
or renovation unless that part of the payment under sections 56,377
5111.20 to 5111.32 of the Revised Code is used to reimburse the 56,378
government agency.
(B) The capital cost basis of nursing facility assets 56,380
shall be determined in the following manner: 56,381
(1) For purposes of calculating the rate to be paid for 56,383
the fiscal year beginning July 1, 1993, for facilities with dates 56,385
of licensure on or before June 30, 1993, the capital cost basis 56,386
shall be equal to the following: 56,387
(a) For facilities that have not had a change of ownership 56,389
during the period beginning January 1, 1993, and ending June 30, 56,390
1993, the desk-reviewed, actual, allowable capital cost basis 56,391
that is listed on the facility's cost report for the cost 56,392
reporting period ending December 31, 1992, plus the actual, 56,393
allowable capital cost basis of any assets constructed or 56,394
acquired after December 31, 1992, but before July 1, 1993, if the 56,395
aggregate capital costs of those assets would increase the 56,396
facility's rate for capital costs by twenty or more cents per 56,397
resident per day. 56,398
(b) For facilities that have a date of licensure or had a 56,400
change of ownership during the period beginning January 1, 1993, 56,401
and ending June 30, 1993, the actual, allowable capital cost 56,402
basis of the person or government entity that owns the facility 56,403
on June 30, 1993. 56,404
Capital cost basis shall be calculated as provided in 56,406
division (B)(1) of this section subject to approval by the United 56,407
States health care financing administration of any necessary 56,408
amendment to the state plan for providing medical assistance. 56,409
The department shall include the actual, allowable capital 56,411
cost basis of assets constructed or acquired during the period 56,412
1240
beginning January 1, 1993, and ending June 30, 1993, in the 56,413
calculation for the facility's rate effective July 1, 1993, if 56,414
the aggregate capital costs of the assets would increase the 56,415
facility's rate by twenty or more cents per resident per day and 56,416
the facility provides the department with sufficient 56,417
documentation of the costs before June 1, 1993. If the facility 56,418
provides the documentation after that date, the department shall 56,419
adjust the facility's rate to reflect the costs of the assets one 56,420
month after the first day of the month after the department 56,421
receives the documentation. 56,422
(2) Except as provided in division (B)(4) of this section, 56,425
for purposes of calculating the rates to be paid for fiscal years 56,426
beginning after June 30, 1994, for facilities with dates of 56,427
licensure on or before June 30, 1993, the capital cost basis of 56,428
each asset shall be equal to the desk-reviewed, actual, 56,429
allowable, capital cost basis that is listed on the facility's 56,430
cost report for the calendar year preceding the fiscal year 56,431
during which the rate will be paid.
(3) For facilities with dates of licensure after June 30, 56,434
1993, the capital cost basis shall be determined in accordance 56,435
with the principles of the medicare program established under 56,436
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 56,437
U.S.C.A. 301, as amended, except as otherwise provided in 56,438
sections 5111.20 to 5111.32 of the Revised Code. 56,439
(4) Except as provided in division (B)(5) of this section, 56,442
if a provider transfers an interest in a facility to another 56,443
provider after June 30, 1993, there shall be no increase in the 56,444
capital cost basis of the asset if the providers are related 56,445
parties. If the providers are not related parties or if they are 56,446
related parties and division (B)(5) of this section requires the 56,447
adjustment of the capital cost basis under this division, the 56,448
basis of the asset shall be adjusted by the lesser of the 56,449
following:
(a) One-half of the change in construction costs during 56,451
1241
the time that the transferor held the asset, as calculated by the 56,452
department of human JOB AND FAMILY services using the "Dodge 56,453
building cost indexes, northeastern and north central states," 56,454
published by Marshall and Swift; 56,455
(b) One-half of the change in the consumer price index for 56,457
all items for all urban consumers, as published by the United 56,458
States bureau of labor statistics, during the time that the 56,459
transferor held the asset. 56,460
(5) If a provider transfers an interest in a facility to 56,463
another provider who is a related party, the capital cost basis
of the asset shall be adjusted as specified in division (B)(4) of 56,466
this section for a transfer to a provider that is not a related 56,467
party if all of the following conditions are met:
(a) The related party is a relative of owner; 56,470
(b) The provider making the transfer retains no ownership 56,473
interest in the facility;
(c) The United States internal revenue service has issued 56,476
a ruling that the transfer is an arm's length transaction for 56,477
purposes of federal income taxation;
(d) Except in the case of hardship caused by a 56,480
catastrophic event, as determined by the department, or in the 56,481
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 56,483
the same facility, the capital cost basis was adjusted most 56,484
recently under division (B)(5) of this section or actual, 56,486
allowable cost of ownership was determined most recently under
division (C)(9) of this section. 56,488
(C) As used in this division, "lease expense" means lease 56,490
payments in the case of an operating lease and depreciation 56,491
expense and interest expense in the case of a capital lease. As 56,492
used in this division, "new lease" means a lease, to a different 56,493
lessee, of a nursing facility that previously was operated under 56,494
a lease. 56,495
(1) Subject to the limitation specified in division (A)(1) 56,497
1242
of this section, for a lease of a facility that was effective on 56,498
May 27, 1992, the entire lease expense is an actual, allowable 56,499
cost of ownership during the term of the existing lease. The 56,500
entire lease expense also is an actual, allowable cost of 56,501
ownership if a lease in existence on May 27, 1992, is renewed 56,502
under either of the following circumstances: 56,503
(a) The renewal is pursuant to a renewal option that was 56,505
in existence on May 27, 1992; 56,506
(b) The renewal is for the same lease payment amount and 56,508
between the same parties as the lease in existence on May 27, 56,509
1992. 56,510
(2) Subject to the limitation specified in division (A)(1) 56,512
of this section, for a lease of a facility that was in existence 56,513
but not operated under a lease on May 27, 1992, actual, allowable 56,514
cost of ownership shall include the lesser of the annual lease 56,515
expense or the annual depreciation expense and imputed interest 56,516
expense that would be calculated at the inception of the lease 56,517
using the lessor's entire historical capital asset cost basis, 56,518
adjusted by the lesser of the following amounts: 56,519
(a) One-half of the change in construction costs during 56,521
the time the lessor held each asset until the beginning of the 56,522
lease, as calculated by the department using the "Dodge building 56,523
cost indexes, northeastern and north central states," published 56,524
by Marshall and Swift; 56,525
(b) One-half of the change in the consumer price index for 56,527
all items for all urban consumers, as published by the United 56,528
States bureau of labor statistics, during the time the lessor 56,529
held each asset until the beginning of the lease. 56,530
(3) Subject to the limitation specified in division (A)(1) 56,532
of this section, for a lease of a facility with a date of 56,533
licensure on or after May 27, 1992, that is initially operated 56,534
under a lease, actual, allowable cost of ownership shall include 56,535
the annual lease expense if there was a substantial commitment of 56,536
money for construction of the facility after December 22, 1992, 56,537
1243
and before July 1, 1993. If there was not a substantial 56,538
commitment of money after December 22, 1992, and before July 1, 56,539
1993, actual, allowable cost of ownership shall include the 56,540
lesser of the annual lease expense or the sum of the following: 56,541
(a) The annual depreciation expense that would be 56,543
calculated at the inception of the lease using the lessor's 56,544
entire historical capital asset cost basis; 56,545
(b) The greater of the lessor's actual annual amortization 56,547
of financing costs and interest expense at the inception of the 56,548
lease or the imputed interest expense calculated at the inception 56,549
of the lease using seventy per cent of the lessor's historical 56,550
capital asset cost basis. 56,551
(4) Subject to the limitation specified in division (A)(1) 56,553
of this section, for a lease of a facility with a date of 56,554
licensure on or after May 27, 1992, that was not initially 56,555
operated under a lease and has been in existence for ten years, 56,556
actual, allowable cost of ownership shall include the lesser of 56,557
the annual lease expense or the annual depreciation expense and 56,558
imputed interest expense that would be calculated at the 56,559
inception of the lease using the entire historical capital asset 56,560
cost basis of the lessor, adjusted by the lesser of the 56,561
following: 56,562
(a) One-half of the change in construction costs during 56,564
the time the lessor held each asset until the beginning of the 56,565
lease, as calculated by the department using the "Dodge building 56,566
cost indexes, northeastern and north central states," published 56,567
by Marshall and Swift; 56,568
(b) One-half of the change in the consumer price index for 56,570
all items for all urban consumers, as published by the United 56,571
States bureau of labor statistics, during the time the lessor 56,572
held each asset until the beginning of the lease. 56,573
(5) Subject to the limitation specified in division (A)(1) 56,575
of this section, for a new lease of a facility that was operated 56,576
under a lease on May 27, 1992, actual, allowable cost of 56,577
1244
ownership shall include the lesser of the annual new lease 56,578
expense or the annual old lease payment. If the old lease was in 56,579
effect for ten years or longer, the old lease payment from the 56,580
beginning of the old lease shall be adjusted by the lesser of the 56,581
following: 56,582
(a) One-half of the change in construction costs from the 56,584
beginning of the old lease to the beginning of the new lease, as 56,585
calculated by the department using the "Dodge building cost 56,586
indexes, northeastern and north central states," published by 56,587
Marshall and Swift; 56,588
(b) One-half of the change in the consumer price index for 56,590
all items for all urban consumers, as published by the United 56,591
States bureau of labor statistics, from the beginning of the old 56,592
lease to the beginning of the new lease. 56,593
(6) Subject to the limitation specified in division (A)(1) 56,595
of this section, for a new lease of a facility that was not in 56,596
existence or that was in existence but not operated under a lease 56,597
on May 27, 1992, actual, allowable cost of ownership shall 56,598
include the lesser of annual new lease expense or the annual 56,599
amount calculated for the old lease under division (C)(2), (3), 56,600
(4), or (6) of this section, as applicable. If the old lease was 56,601
in effect for ten years or longer, the lessor's historical 56,602
capital asset cost basis shall be adjusted by the lesser of the 56,603
following for purposes of calculating the annual amount under 56,604
division (C)(2), (3), (4), or (6) of this section: 56,605
(a) One-half of the change in construction costs from the 56,607
beginning of the old lease to the beginning of the new lease, as 56,608
calculated by the department using the "Dodge building cost 56,609
indexes, northeastern and north central states," published by 56,610
Marshall and Swift; 56,611
(b) One-half of the change in the consumer price index for 56,613
all items for all urban consumers, as published by the United 56,614
States bureau of labor statistics, from the beginning of the old 56,615
lease to the beginning of the new lease. 56,616
1245
In the case of a lease under division (C)(3) of this 56,618
section of a facility for which a substantial commitment of money 56,619
was made after December 22, 1992, and before July 1, 1993, the 56,620
old lease payment shall be adjusted for the purpose of 56,621
determining the annual amount. 56,622
(7) For any revision of a lease described in division 56,624
(C)(1), (2), (3), (4), (5), or (6) of this section, or for any 56,625
subsequent lease of a facility operated under such a lease, other 56,626
than execution of a new lease, the portion of actual, allowable 56,627
cost of ownership attributable to the lease shall be the same as 56,628
before the revision or subsequent lease. 56,629
(8) Except as provided in division (C)(9) of this section, 56,632
if a provider leases an interest in a facility to another 56,633
provider who is a related party, the related party's actual, 56,635
allowable cost of ownership shall include the lesser of the 56,636
annual lease expense or the reasonable cost to the lessor. 56,637
(9) If a provider leases an interest in a facility to 56,639
another provider who is a related party, regardless of the date 56,641
of the lease, the related party's actual, allowable cost of 56,642
ownership shall include the annual lease expense, subject to the 56,643
limitations specified in divisions (C)(1) to (7) of this section, 56,644
if all of the following conditions are met: 56,645
(a) The related party is a relative of owner; 56,647
(b) If the lessor retains an ownership interest, it is in 56,650
only the real property and any improvements on the real property; 56,651
(c) The United States internal revenue service has issued 56,654
a ruling that the lease is an arm's length transaction for 56,655
purposes of federal income taxation;
(d) Except in the case of hardship caused by a 56,658
catastrophic event, as determined by the department, or in the 56,659
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, 56,661
the capital cost basis was adjusted most recently under division 56,662
(B)(5) of this section or actual, allowable cost of ownership was 56,664
1246
determined most recently under division (C)(9) of this section. 56,666
(10) This division does not apply to leases of specific 56,668
items of equipment. 56,669
(D)(1) Subject to division (D)(2) of this section, the 56,671
department shall pay each nursing facility an efficiency 56,672
incentive that is equal to fifty per cent of the difference 56,673
between the following:
(a) Eighty-eight and sixty-five one-hundredths per cent of 56,675
the facility's desk-reviewed, actual, allowable, per diem cost of 56,676
ownership;
(b) The applicable amount specified in division (E) of 56,678
this section. 56,679
(2) The efficiency incentive paid to a nursing facility 56,682
shall not exceed the greater of the following:
(a) The efficiency incentive the facility was paid during 56,685
the fiscal year ending June 30, 1994;
(b) Three dollars per resident per day, adjusted annually 56,688
for rates paid beginning July 1, 1994, for the inflation rate for 56,689
the twelve-month period beginning on the first day of July of the 56,690
calendar year preceding the calendar year that precedes the 56,691
fiscal year for which the efficiency incentive is determined and 56,692
ending on the thirtieth day of the following June, using the 56,693
consumer price index for shelter costs for all urban consumers 56,694
for the north central region, as published by the United States 56,695
bureau of labor statistics. 56,696
(3) For purposes of calculating the efficiency incentive, 56,699
depreciation for costs that are paid or reimbursed by any 56,700
government agency shall be considered as costs of ownership, and 56,701
renovation costs that are paid under division (F) of this section 56,702
shall not be considered costs of ownership. 56,703
(E) The following amounts shall be used to calculate 56,705
efficiency incentives for nursing facilities under this section: 56,706
(1) For facilities with dates of licensure prior to 56,708
January 1, 1958, four dollars and twenty-four cents per patient 56,709
1247
day; 56,710
(2) For facilities with dates of licensure after December 56,712
31, 1957, but prior to January 1, 1968: 56,713
(a) Five dollars and twenty-four cents per patient day if 56,715
the cost of construction was three thousand five hundred dollars 56,716
or more per bed; 56,717
(b) Four dollars and twenty-four cents per patient day if 56,719
the cost of construction was less than three thousand five 56,720
hundred dollars per bed. 56,721
(3) For facilities with dates of licensure after December 56,723
31, 1967, but prior to January 1, 1976: 56,724
(a) Six dollars and twenty-four cents per patient day if 56,726
the cost of construction was five thousand one hundred fifty 56,727
dollars or more per bed; 56,728
(b) Five dollars and twenty-four cents per patient day if 56,730
the cost of construction was less than five thousand one hundred 56,731
fifty dollars per bed, but exceeded three thousand five hundred 56,732
dollars per bed; 56,733
(c) Four dollars and twenty-four cents per patient day if 56,735
the cost of construction was three thousand five hundred dollars 56,736
or less per bed. 56,737
(4) For facilities with dates of licensure after December 56,739
31, 1975, but prior to January 1, 1979: 56,740
(a) Seven dollars and twenty-four cents per patient day if 56,742
the cost of construction was six thousand eight hundred dollars 56,743
or more per bed; 56,744
(b) Six dollars and twenty-four cents per patient day if 56,746
the cost of construction was less than six thousand eight hundred 56,747
dollars per bed but exceeded five thousand one hundred fifty 56,748
dollars per bed; 56,749
(c) Five dollars and twenty-four cents per patient day if 56,751
the cost of construction was five thousand one hundred fifty 56,752
dollars or less per bed, but exceeded three thousand five hundred 56,753
dollars per bed; 56,754
1248
(d) Four dollars and twenty-four cents per patient day if 56,756
the cost of construction was three thousand five hundred dollars 56,757
or less per bed. 56,758
(5) For facilities with dates of licensure after December 56,760
31, 1978, but prior to January 1, 1981: 56,761
(a) Seven dollars and seventy-four cents per patient day 56,763
if the cost of construction was seven thousand six hundred 56,764
twenty-five dollars or more per bed; 56,765
(b) Seven dollars and twenty-four cents per patient day if 56,767
the cost of construction was less than seven thousand six hundred 56,768
twenty-five dollars per bed but exceeded six thousand eight 56,769
hundred dollars per bed; 56,770
(c) Six dollars and twenty-four cents per patient day if 56,772
the cost of construction was six thousand eight hundred dollars 56,773
or less per bed but exceeded five thousand one hundred fifty 56,774
dollars per bed; 56,775
(d) Five dollars and twenty-four cents per patient day if 56,777
the cost of construction was five thousand one hundred fifty 56,778
dollars or less but exceeded three thousand five hundred dollars 56,779
per bed; 56,780
(e) Four dollars and twenty-four cents per patient day if 56,782
the cost of construction was three thousand five hundred dollars 56,783
or less per bed. 56,784
(6) For facilities with dates of licensure in 1981 or any 56,786
year thereafter prior to December 22, 1992, the following amount: 56,787
(a) For facilities with construction costs less than seven 56,789
thousand six hundred twenty-five dollars per bed, the applicable 56,790
amounts for the construction costs specified in divisions 56,791
(E)(5)(b) to (e) of this section; 56,792
(b) For facilities with construction costs of seven 56,794
thousand six hundred twenty-five dollars or more per bed, six 56,795
dollars per patient day, provided that for 1981 and annually 56,796
thereafter prior to December 22, 1992, department shall do both 56,797
of the following to the six-dollar amount: 56,798
1249
(i) Adjust the amount for fluctuations in construction 56,800
costs calculated by the department using the "Dodge building cost 56,801
indexes, northeastern and north central states," published by 56,802
Marshall and Swift, using 1980 as the base year; 56,803
(ii) Increase the amount, as adjusted for inflation under 56,805
division (E)(6)(b)(i) of this section, by one dollar and 56,806
seventy-four cents. 56,807
(7) For facilities with dates of licensure on or after 56,809
January 1, 1992, seven dollars and ninety-seven cents, adjusted 56,810
for fluctuations in construction costs between 1991 and 1993 as 56,811
calculated by the department using the "Dodge building cost 56,812
indexes, northeastern and north central states," published by 56,813
Marshall and Swift, and then increased by one dollar and 56,814
seventy-four cents. 56,815
For the fiscal year that begins July 1, 1994, each of the 56,817
amounts listed in divisions (E)(1) to (7) of this section shall 56,818
be increased by twenty-five cents. For the fiscal year that 56,819
begins July 1, 1995, each of those amounts shall be increased by 56,820
an additional twenty-five cents. For subsequent fiscal years, 56,821
each of those amounts, as increased for the prior fiscal year, 56,822
shall be adjusted to reflect the rate of inflation for the 56,823
twelve-month period beginning on the first day of July of the 56,824
calendar year preceding the calendar year that precedes the 56,825
fiscal year and ending on the following thirtieth day of June, 56,826
using the consumer price index for shelter costs for all urban 56,827
consumers for the north central region, as published by the 56,828
United States bureau of labor statistics. 56,829
If the amount established for a nursing facility under this 56,831
division is less than the amount that applied to the facility 56,832
under division (B) of former section 5111.25 of the Revised Code, 56,833
as the former section existed immediately prior to December 22, 56,834
1992, the amount used to calculate the efficiency incentive for 56,835
the facility under division (D)(2) of this section shall be the 56,836
amount that was calculated under division (B) of the former 56,837
1250
section. 56,838
(F) Beginning July 1, 1993, regardless of the facility's 56,840
date of licensure or the date of the nonextensive renovations, 56,841
the rate for the costs of nonextensive renovations for nursing 56,842
facilities shall be eighty-five per cent of the desk-reviewed, 56,843
actual, allowable, per diem, nonextensive renovation costs. This 56,844
division applies to nonextensive renovations regardless of 56,845
whether they are made by an owner or a lessee. If the tenancy of 56,846
a lessee that has made nonextensive renovations ends before the 56,847
depreciation expense for the renovation costs has been fully 56,848
reported, the former lessee shall not report the undepreciated 56,849
balance as an expense. 56,850
(1) For a nonextensive renovation made after July 1, 1993, 56,852
to qualify for payment under this division, both of the following 56,853
conditions must be met: 56,854
(a) At least five years have elapsed since the date of 56,856
licensure of the portion of the facility that is proposed to be 56,857
renovated, except that this condition does not apply if the 56,858
renovation is necessary to meet the requirements of federal, 56,859
state, or local statutes, ordinances, rules, or policies. 56,860
(b) The provider has obtained prior approval from the 56,862
department of human JOB AND FAMILY services, and if required the 56,864
director of health has granted a certificate of need for the
renovation under section 3702.52 of the Revised Code. The 56,865
provider shall submit a plan that describes in detail the changes 56,866
in capital assets to be accomplished by means of the renovation 56,867
and the timetable for completing the project. The time for 56,868
completion of the project shall be no more than eighteen months 56,869
after the renovation begins. The department of human JOB AND 56,870
FAMILY services shall adopt rules in accordance with Chapter 119. 56,872
of the Revised Code that specify criteria and procedures for 56,873
prior approval of renovation projects. No provider shall 56,874
separate a project with the intent to evade the characterization 56,875
of the project as a renovation or as an extensive renovation. No 56,876
1251
provider shall increase the scope of a project after it is 56,877
approved by the department of human JOB AND FAMILY services 56,878
unless the increase in scope is approved by the department. 56,879
(2) The payment provided for in this division is the only 56,881
payment that shall be made for the costs of a nonextensive 56,882
renovation. Nonextensive renovation costs shall not be included 56,883
in costs of ownership, and a nonextensive renovation shall not 56,884
affect the date of licensure for purposes of calculating the 56,885
efficiency incentive under divisions (D) and (E) of this section. 56,886
(G) The owner of a nursing facility operating under a 56,888
provider agreement shall provide written notice to the department 56,889
of human JOB AND FAMILY services at least forty-five days prior 56,890
to entering into any contract of sale for the facility or 56,891
voluntarily terminating participation in the medical assistance 56,892
program. After the date on which a transaction of sale is 56,893
closed, the owner shall refund to the department the amount of 56,894
excess depreciation paid to the facility by the department for 56,895
each year the owner has operated the facility under a provider
agreement and prorated according to the number of medicaid 56,896
patient days for which the facility has received payment. If a 56,897
nursing facility is sold after five or fewer years of operation 56,898
under a provider agreement, the refund to the department shall be 56,900
equal to the excess depreciation paid to the facility. If a 56,901
nursing facility is sold after more than five years but less than
ten years of operation under a provider agreement, the refund to 56,902
the department shall equal the excess depreciation paid to the 56,903
facility multiplied by twenty per cent, multiplied by the 56,904
difference between ten and the number of years that the facility 56,905
was operated under a provider agreement. If a nursing facility 56,906
is sold after ten or more years of operation under a provider 56,907
agreement, the owner shall not refund any excess depreciation to 56,908
the department. The owner of a facility that is sold or that 56,909
voluntarily terminates participation in the medical assistance 56,910
program also shall refund any other amount that the department 56,911
1252
properly finds to be due after the audit conducted under this 56,912
division. For the purposes of this division, "depreciation paid 56,913
to the facility" means the amount paid to the nursing facility 56,914
for cost of ownership pursuant to this section less any amount 56,915
paid for interest costs, amortization of financing costs, and 56,917
lease expenses. For the purposes of this division, "excess 56,918
depreciation" is the nursing facility's depreciated basis, which 56,919
is the owner's cost less accumulated depreciation, subtracted 56,920
from the purchase price net of selling costs but not exceeding 56,921
the amount of depreciation paid to the facility. 56,922
A cost report shall be filed with the department within 56,924
ninety days after the date on which the transaction of sale is 56,925
closed or participation is voluntarily terminated. The report 56,926
shall show the accumulated depreciation, the sales price, and 56,927
other information required by the department. The amount of the 56,928
last two monthly payments to a nursing facility made pursuant to 56,929
division (A)(1) of section 5111.22 of the Revised Code before a 56,930
sale or termination of participation shall be held in escrow by a 56,931
bank, trust company, or savings and loan association, except that 56,932
if the amount the owner will be required to refund under this 56,933
section is likely to be less than the amount of the last two 56,934
monthly payments, the department shall take one of the following 56,935
actions instead of withholding the amount of the last two monthly 56,936
payments: 56,937
(1) In the case of an owner that owns other facilities 56,939
that participate in the medical assistance program, obtain a 56,940
promissory note in an amount sufficient to cover the amount 56,941
likely to be refunded; 56,942
(2) In the case of all other owners, withhold the amount 56,944
of the last monthly payment to the nursing facility. 56,945
The department shall, within ninety days following the 56,947
filing of the cost report, audit the cost report and issue an 56,948
audit report to the owner. The department also may audit any 56,949
other cost report that the facility has filed during the previous 56,950
1253
three years. In the audit report, the department shall state its 56,951
findings and the amount of any money owed to the department by 56,952
the nursing facility. The findings shall be subject to 56,953
adjudication conducted in accordance with Chapter 119. of the 56,954
Revised Code. No later than fifteen days after the owner agrees 56,955
to a settlement, any funds held in escrow less any amounts due to 56,956
the department shall be released to the owner and amounts due to 56,957
the department shall be paid to the department. If the amounts 56,958
in escrow are less than the amounts due to the department, the 56,959
balance shall be paid to the department within fifteen days after 56,960
the owner agrees to a settlement. If the department does not 56,961
issue its audit report within the ninety-day period, the 56,962
department shall release any money held in escrow to the owner. 56,963
For the purposes of this section, a transfer of corporate stock, 56,964
the merger of one corporation into another, or a consolidation 56,965
does not constitute a sale. 56,966
If a nursing facility is not sold or its participation is 56,968
not terminated after notice is provided to the department under 56,969
this division, the department shall order any payments held in 56,970
escrow released to the facility upon receiving written notice 56,971
from the owner that there will be no sale or termination. After 56,972
written notice is received from a nursing facility that a sale or 56,973
termination will not take place, the facility shall provide 56,974
notice to the department at least forty-five days prior to 56,975
entering into any contract of sale or terminating participation 56,976
at any future time. 56,977
(H) The department shall pay each eligible proprietary 56,979
nursing facility a return on the facility's net equity computed 56,980
at the rate of one and one-half times the average interest rate 56,981
on special issues of public debt obligations issued to the 56,982
federal hospital insurance trust fund for the cost reporting 56,983
period, except that no facility's return on net equity shall 56,984
exceed one dollar per patient day. 56,985
When calculating the rate for return on net equity, the 56,987
1254
department shall use the greater of the facility's inpatient days 56,988
during the applicable cost reporting period or the number of 56,989
inpatient days the facility would have had during that period if 56,990
its occupancy rate had been ninety-five per cent. 56,991
(I) If a nursing facility would receive a lower rate for 56,993
capital costs for assets in the facility's possession on July 1, 56,994
1993, under this section than it would receive under former 56,995
section 5111.25 of the Revised Code, as the former section 56,996
existed immediately prior to December 22, 1992, the facility 56,997
shall receive for those assets the rate it would have received 56,998
under the former section for each fiscal year beginning on or 56,999
after July 1, 1993, until the rate it would receive under this 57,000
section exceeds the rate it would have received under the former 57,001
section. Any facility that receives a rate calculated under the 57,002
former section 5111.25 of the Revised Code for assets in the 57,003
facility's possession on July 1, 1993, also shall receive a rate 57,004
calculated under this section for costs of any assets it 57,005
constructs or acquires after July 1, 1993. 57,006
Sec. 5111.251. (A) The department of human JOB AND FAMILY 57,015
services shall pay each eligible intermediate care facility for 57,016
the mentally retarded for its reasonable capital costs, a per 57,017
resident per day rate established prospectively each fiscal year 57,018
for each intermediate care facility for the mentally retarded. 57,019
Except as otherwise provided in sections 5111.20 to 5111.32 of 57,020
the Revised Code, the rate shall be based on the facility's 57,021
capital costs for the calendar year preceding the fiscal year in 57,022
which the rate will be paid. The rate shall equal the sum of the 57,023
following:
(1) The facility's desk-reviewed, actual, allowable, per 57,025
diem cost of ownership for the preceding cost reporting period, 57,026
limited as provided in divisions (C) and (F) of this section; 57,027
(2) Any efficiency incentive determined under division (B) 57,029
of this section; 57,030
(3) Any amounts for renovations determined under division 57,032
1255
(D) of this section; 57,033
(4) Any amounts for return on equity determined under 57,035
division (I) of this section. 57,036
Buildings shall be depreciated using the straight line 57,038
method over forty years or over a different period approved by 57,039
the department. Components and equipment shall be depreciated 57,040
using the straight line method over a period designated by the 57,041
department DIRECTOR OF JOB AND FAMILY SERVICES in rules adopted 57,042
in accordance with Chapter 119. of the Revised Code, consistent 57,044
with the guidelines of the American hospital association, or over 57,045
a different period approved by the department of human JOB AND 57,046
FAMILY services. Any rules adopted under this division that 57,047
specify useful lives of buildings, components, or equipment apply 57,048
only to assets acquired on or after July 1, 1993. Depreciation 57,049
for costs paid or reimbursed by any government agency shall not 57,050
be included in costs of ownership or renovation unless that part 57,051
of the payment under sections 5111.20 to 5111.32 of the Revised 57,052
Code is used to reimburse the government agency. 57,053
(B) The department of human JOB AND FAMILY services shall 57,055
pay to each intermediate care facility for the mentally retarded 57,056
an efficiency incentive equal to fifty per cent of the difference 57,058
between any desk-reviewed, actual, allowable cost of ownership 57,059
and the applicable limit on cost of ownership payments under 57,060
division (C) of this section. For purposes of computing the 57,061
efficiency incentive, depreciation for costs paid or reimbursed 57,062
by any government agency shall be considered as a cost of
ownership, and the applicable limit under division (C) of this 57,063
section shall apply both to facilities with more than eight beds 57,064
and facilities with eight or fewer beds. The efficiency 57,065
incentive paid to a facility with eight or fewer beds shall not 57,066
exceed three dollars per patient day, adjusted annually for the 57,067
inflation rate for the twelve-month period beginning on the first 57,068
day of July of the calendar year preceding the calendar year that 57,069
precedes the fiscal year for which the efficiency incentive is 57,070
1256
determined and ending on the thirtieth day of the following June, 57,071
using the consumer price index for shelter costs for all urban 57,072
consumers for the north central region, as published by the 57,073
United States bureau of labor statistics. 57,074
(C) Cost of ownership payments to intermediate care 57,076
facilities for the mentally retarded with more than eight beds 57,077
shall not exceed the following limits: 57,078
(1) For facilities with dates of licensure prior to 57,080
January 1, l958, not exceeding two dollars and fifty cents per 57,081
patient day; 57,082
(2) For facilities with dates of licensure after December 57,084
31, l957, but prior to January 1, l968, not exceeding: 57,085
(a) Three dollars and fifty cents per patient day if the 57,087
cost of construction was three thousand five hundred dollars or 57,088
more per bed; 57,089
(b) Two dollars and fifty cents per patient day if the 57,091
cost of construction was less than three thousand five hundred 57,092
dollars per bed. 57,093
(3) For facilities with dates of licensure after December 57,095
31, l967, but prior to January 1, l976, not exceeding: 57,096
(a) Four dollars and fifty cents per patient day if the 57,098
cost of construction was five thousand one hundred fifty dollars 57,099
or more per bed; 57,100
(b) Three dollars and fifty cents per patient day if the 57,102
cost of construction was less than five thousand one hundred 57,103
fifty dollars per bed, but exceeds three thousand five hundred 57,104
dollars per bed; 57,105
(c) Two dollars and fifty cents per patient day if the 57,107
cost of construction was three thousand five hundred dollars or 57,108
less per bed. 57,109
(4) For facilities with dates of licensure after December 57,111
31, l975, but prior to January 1, l979, not exceeding: 57,112
(a) Five dollars and fifty cents per patient day if the 57,114
cost of construction was six thousand eight hundred dollars or 57,115
1257
more per bed; 57,116
(b) Four dollars and fifty cents per patient day if the 57,118
cost of construction was less than six thousand eight hundred 57,119
dollars per bed but exceeds five thousand one hundred fifty 57,120
dollars per bed; 57,121
(c) Three dollars and fifty cents per patient day if the 57,123
cost of construction was five thousand one hundred fifty dollars 57,124
or less per bed, but exceeds three thousand five hundred dollars 57,125
per bed; 57,126
(d) Two dollars and fifty cents per patient day if the 57,128
cost of construction was three thousand five hundred dollars or 57,129
less per bed. 57,130
(5) For facilities with dates of licensure after December 57,132
31, l978, but prior to January 1, l980, not exceeding: 57,133
(a) Six dollars per patient day if the cost of 57,135
construction was seven thousand six hundred twenty-five dollars 57,136
or more per bed; 57,137
(b) Five dollars and fifty cents per patient day if the 57,139
cost of construction was less than seven thousand six hundred 57,140
twenty-five dollars per bed but exceeds six thousand eight 57,141
hundred dollars per bed; 57,142
(c) Four dollars and fifty cents per patient day if the 57,144
cost of construction was six thousand eight hundred dollars or 57,145
less per bed but exceeds five thousand one hundred fifty dollars 57,146
per bed; 57,147
(d) Three dollars and fifty cents per patient day if the 57,149
cost of construction was five thousand one hundred fifty dollars 57,150
or less but exceeds three thousand five hundred dollars per bed; 57,151
(e) Two dollars and fifty cents per patient day if the 57,153
cost of construction was three thousand five hundred dollars or 57,154
less per bed. 57,155
(6) For facilities with dates of licensure after December 57,158
31, 1979, but prior to January 1, 1981, not exceeding: 57,159
(a) Twelve dollars per patient day if the beds were 57,161
1258
originally licensed as residential facility beds by the 57,162
department of mental retardation and developmental disabilities; 57,163
(b) Six dollars per patient day if the beds were 57,165
originally licensed as nursing home beds by the department of 57,166
health.
(7) For facilities with dates of licensure after December 57,168
31, 1980, but prior to January 1, 1982, not exceeding: 57,169
(a) Twelve dollars per patient day if the beds were 57,171
originally licensed as residential facility beds by the 57,172
department of mental retardation and developmental disabilities; 57,173
(b) Six dollars and forty-five cents per patient day if 57,175
the beds were originally licensed as nursing home beds by the 57,176
department of health.
(8) For facilities with dates of licensure after December 57,178
31, 1981, but prior to January 1, 1983, not exceeding: 57,179
(a) Twelve dollars per patient day if the beds were 57,181
originally licensed as residential facility beds by the 57,182
department of mental retardation and developmental disabilities; 57,183
(b) Six dollars and seventy-nine cents per patient day if 57,185
the beds were originally licensed as nursing home beds by the 57,186
department of health.
(9) For facilities with dates of licensure after December 57,188
31, 1982, but prior to January 1, 1984, not exceeding: 57,189
(a) Twelve dollars per patient day if the beds were 57,191
originally licensed as residential facility beds by the 57,192
department of mental retardation and developmental disabilities; 57,193
(b) Seven dollars and nine cents per patient day if the 57,195
beds were originally licensed as nursing home beds by the 57,196
department of health.
(10) For facilities with dates of licensure after December 57,198
31, 1983, but prior to January 1, 1985, not exceeding: 57,199
(a) Twelve dollars and twenty-four cents per patient day 57,201
if the beds were originally licensed as residential facility beds 57,203
by the department of mental retardation and developmental 57,204
1259
disabilities;
(b) Seven dollars and twenty-three cents per patient day 57,206
if the beds were originally licensed as nursing home beds by the 57,208
department of health.
(11) For facilities with dates of licensure after December 57,210
31, 1984, but prior to January 1, 1986, not exceeding: 57,211
(a) Twelve dollars and fifty-three cents per patient day 57,213
if the beds were originally licensed as residential facility beds 57,215
by the department of mental retardation and developmental 57,216
disabilities;
(b) Seven dollars and forty cents per patient day if the 57,218
beds were originally licensed as nursing home beds by the 57,220
department of health.
(12) For facilities with dates of licensure after December 57,222
31, 1985, but prior to January 1, 1987, not exceeding: 57,223
(a) Twelve dollars and seventy cents per patient day if 57,225
the beds were originally licensed as residential facility beds by 57,227
the department of mental retardation and developmental 57,228
disabilities;
(b) Seven dollars and fifty cents per patient day if the 57,230
beds were originally licensed as nursing home beds by the 57,232
department of health.
(13) For facilities with dates of licensure after December 57,234
31, 1986, but prior to January 1, 1988, not exceeding: 57,235
(a) Twelve dollars and ninety-nine cents per patient day 57,237
if the beds were originally licensed as residential facility beds 57,239
by the department of mental retardation and developmental 57,240
disabilities;
(b) Seven dollars and sixty-seven cents per patient day if 57,242
the beds were originally licensed as nursing home beds by the 57,244
department of health.
(14) For facilities with dates of licensure after December 57,246
31, 1987, but prior to January 1, 1989, not exceeding thirteen 57,247
dollars and twenty-six cents per patient day; 57,248
1260
(15) For facilities with dates of licensure after December 57,250
31, 1988, but prior to January 1, 1990, not exceeding thirteen 57,251
dollars and forty-six cents per patient day; 57,252
(16) For facilities with dates of licensure after December 57,254
31, 1989, but prior to January 1, 1991, not exceeding thirteen 57,255
dollars and sixty cents per patient day; 57,256
(17) For facilities with dates of licensure after December 57,258
31, 1990, but prior to January 1, 1992, not exceeding thirteen 57,259
dollars and forty-nine cents per patient day; 57,260
(18) For facilities with dates of licensure after December 57,262
31, 1991, but prior to January 1, 1993, not exceeding thirteen 57,263
dollars and sixty-seven cents per patient day; 57,264
(19) For facilities with dates of licensure after December 57,266
31, 1992, not exceeding fourteen dollars and twenty-eight cents 57,267
per patient day.
(D) Beginning January 1, 1981, regardless of the original 57,269
date of licensure, the department of human JOB AND FAMILY 57,270
services shall pay a rate for the per diem capitalized costs of 57,272
renovations to intermediate care facilities for the mentally 57,273
retarded made after January 1, l981, not exceeding six dollars 57,274
per patient day using 1980 as the base year and adjusting the 57,275
amount annually until June 30, 1993, for fluctuations in 57,276
construction costs calculated by the department using the "Dodge 57,277
building cost indexes, northeastern and north central states," 57,278
published by Marshall and Swift. The payment provided for in 57,279
this division is the only payment that shall be made for the 57,280
capitalized costs of a nonextensive renovation of an intermediate 57,281
care facility for the mentally retarded. Nonextensive renovation 57,282
costs shall not be included in cost of ownership, and a 57,283
nonextensive renovation shall not affect the date of licensure 57,284
for purposes of division (C) of this section. This division 57,285
applies to nonextensive renovations regardless of whether they 57,286
are made by an owner or a lessee. If the tenancy of a lessee 57,287
that has made renovations ends before the depreciation expense 57,288
1261
for the renovation costs has been fully reported, the former 57,289
lessee shall not report the undepreciated balance as an expense. 57,290
For a nonextensive renovation to qualify for payment under 57,292
this division, both of the following conditions must be met: 57,293
(1) At least five years have elapsed since the date of 57,295
licensure or date of an extensive renovation of the portion of 57,296
the facility that is proposed to be renovated, except that this 57,297
condition does not apply if the renovation is necessary to meet 57,298
the requirements of federal, state, or local statutes, 57,299
ordinances, rules, or policies. 57,300
(2) The provider has obtained prior approval from the 57,302
department of human JOB AND FAMILY services. The provider shall 57,304
submit a plan that describes in detail the changes in capital 57,305
assets to be accomplished by means of the renovation and the 57,306
timetable for completing the project. The time for completion of 57,307
the project shall be no more than eighteen months after the 57,308
renovation begins. The department DIRECTOR of human JOB AND 57,310
FAMILY services shall adopt rules in accordance with Chapter 119. 57,311
of the Revised Code that specify criteria and procedures for 57,312
prior approval of renovation projects. No provider shall 57,313
separate a project with the intent to evade the characterization 57,314
of the project as a renovation or as an extensive renovation. No 57,315
provider shall increase the scope of a project after it is 57,316
approved by the department of human JOB AND FAMILY services 57,317
unless the increase in scope is approved by the department. 57,318
(E) The amounts specified in divisions (C) and (D) of this 57,320
section shall be adjusted beginning July 1, 1993, for the 57,321
estimated inflation for the twelve-month period beginning on the 57,322
first day of July of the calendar year preceding the calendar 57,323
year that precedes the fiscal year for which rate will be paid 57,324
and ending on the thirtieth day of the following June, using the 57,325
consumer price index for shelter costs for all urban consumers 57,326
for the north central region, as published by the United States 57,327
bureau of labor statistics. 57,328
1262
(F)(1) For facilities of eight or fewer beds that have 57,330
dates of licensure or have been granted project authorization by 57,331
the department of mental retardation and developmental 57,332
disabilities before July 1, 1993, and for facilities of eight or 57,333
fewer beds that have dates of licensure or have been granted 57,334
project authorization after that date if the facilities 57,335
demonstrate that they made substantial commitments of funds on or 57,336
before that date, cost of ownership shall not exceed eighteen 57,337
dollars and thirty cents per resident per day. The 57,338
eighteen-dollar and thirty-cent amount shall be increased by the 57,339
change in the "Dodge building cost indexes, northeastern and 57,340
north central states," published by Marshall and Swift, during 57,341
the period beginning June 30, 1990, and ending July 1, 1993, and 57,342
by the change in the consumer price index for shelter costs for 57,343
all urban consumers for the north central region, as published by 57,344
the United States bureau of labor statistics, annually 57,345
thereafter. 57,346
(2) For facilities with eight or fewer beds that have 57,348
dates of licensure or have been granted project authorization by 57,349
the department of mental retardation and developmental 57,350
disabilities on or after July 1, 1993, for which substantial 57,351
commitments of funds were not made before that date, cost of 57,352
ownership payments shall not exceed the applicable amount 57,353
calculated under division (F)(1) of this section, if the 57,354
department of human JOB AND FAMILY services gives prior approval 57,356
for construction of the facility. If the department does not
give prior approval, cost of ownership payments shall not exceed 57,357
the amount specified in division (C) of this section. 57,358
(3) Notwithstanding divisions (D) and (F)(1) and (2) of 57,360
this section, the total payment for cost of ownership, cost of 57,361
ownership efficiency incentive, and capitalized costs of 57,362
renovations for an intermediate care facility for the mentally 57,363
retarded with eight or fewer beds shall not exceed the sum of the 57,364
limitations specified in divisions (C) and (D) of this section. 57,366
1263
(G) Notwithstanding any provision of this section or 57,368
section 5111.24 of the Revised Code, the department DIRECTOR of 57,369
human JOB AND FAMILY services may adopt rules in accordance with 57,371
Chapter 119. of the Revised Code that provide for a calculation 57,372
of a combined maximum payment limit for indirect care costs and 57,373
cost of ownership for intermediate care facilities for the 57,374
mentally retarded with eight or fewer beds.
(H) After June 30, 1980, the owner of an intermediate care 57,376
facility for the mentally retarded operating under a provider 57,377
agreement shall provide written notice to the department of human 57,378
JOB AND FAMILY services at least forty-five days prior to 57,379
entering into any contract of sale for the facility or 57,381
voluntarily terminating participation in the medical assistance 57,382
program. After the date on which a transaction of sale is 57,383
closed, the owner shall refund to the department the amount of 57,384
excess depreciation paid to the facility by the department for 57,385
each year the owner has operated the facility under a provider 57,386
agreement and prorated according to the number of medicaid 57,387
patient days for which the facility has received payment. If an 57,388
intermediate care facility for the mentally retarded is sold 57,389
after five or fewer years of operation under a provider 57,390
agreement, the refund to the department shall be equal to the 57,391
excess depreciation paid to the facility. If an intermediate 57,392
care facility for the mentally retarded is sold after more than 57,393
five years but less than ten years of operation under a provider 57,394
agreement, the refund to the department shall equal the excess 57,395
depreciation paid to the facility multiplied by twenty per cent, 57,396
multiplied by the number of years less than ten that a facility 57,397
was operated under a provider agreement. If an intermediate care 57,398
facility for the mentally retarded is sold after ten or more 57,399
years of operation under a provider agreement, the owner shall 57,400
not refund any excess depreciation to the department. For the 57,401
purposes of this division, "depreciation paid to the facility" 57,402
means the amount paid to the intermediate care facility for the 57,403
1264
mentally retarded for cost of ownership pursuant to this section 57,404
less any amount paid for interest costs. For the purposes of this 57,405
division, "excess depreciation" is the intermediate care facility 57,406
for the mentally retarded's depreciated basis, which is the 57,407
owner's cost less accumulated depreciation, subtracted from the 57,408
purchase price but not exceeding the amount of depreciation paid 57,409
to the facility.
A cost report shall be filed with the department within 57,411
ninety days after the date on which the transaction of sale is 57,412
closed or participation is voluntarily terminated for an 57,413
intermediate care facility for the mentally retarded subject to 57,414
this division. The report shall show the accumulated 57,415
depreciation, the sales price, and other information required by 57,416
the department. The amount of the last two monthly payments to 57,417
an intermediate care facility for the mentally retarded made 57,418
pursuant to division (A)(1) of section 5111.22 of the Revised 57,419
Code before a sale or voluntary termination of participation 57,420
shall be held in escrow by a bank, trust company, or savings and 57,421
loan association, except that if the amount the owner will be 57,422
required to refund under this section is likely to be less than 57,423
the amount of the last two monthly payments, the department shall 57,424
take one of the following actions instead of withholding the 57,425
amount of the last two monthly payments: 57,426
(1) In the case of an owner that owns other facilities 57,428
that participate in the medical assistance program, obtain a 57,429
promissory note in an amount sufficient to cover the amount 57,430
likely to be refunded; 57,431
(2) In the case of all other owners, withhold the amount 57,433
of the last monthly payment to the intermediate care facility for 57,434
the mentally retarded. 57,435
The department shall, within ninety days following the 57,437
filing of the cost report, audit the report and issue an audit 57,438
report to the owner. The department also may audit any other 57,439
cost reports for the facility that have been filed during the 57,440
1265
previous three years. In the audit report, the department shall 57,441
state its findings and the amount of any money owed to the 57,442
department by the intermediate care facility for the mentally 57,443
retarded. The findings shall be subject to an adjudication 57,444
conducted in accordance with Chapter 119. of the Revised Code. 57,445
No later than fifteen days after the owner agrees to a 57,446
settlement, any funds held in escrow less any amounts due to the 57,447
department shall be released to the owner and amounts due to the 57,448
department shall be paid to the department. If the amounts in 57,449
escrow are less than the amounts due to the department, the 57,450
balance shall be paid to the department within fifteen days after 57,451
the owner agrees to a settlement. If the department does not 57,452
issue its audit report within the ninety-day period, the 57,453
department shall release any money held in escrow to the owner. 57,454
For the purposes of this section, a transfer of corporate stock, 57,455
the merger of one corporation into another, or a consolidation 57,456
does not constitute a sale. 57,457
If an intermediate care facility for the mentally retarded 57,459
is not sold or its participation is not terminated after notice 57,460
is provided to the department under this division, the department 57,461
shall order any payments held in escrow released to the facility 57,462
upon receiving written notice from the owner that there will be 57,463
no sale or termination of participation. After written notice is 57,464
received from an intermediate care facility for the mentally 57,465
retarded that a sale or termination of participation will not 57,466
take place, the facility shall provide notice to the department 57,467
at least forty-five days prior to entering into any contract of 57,468
sale or terminating participation at any future time. 57,469
(I) The department of human JOB AND FAMILY services shall 57,471
pay each eligible proprietary intermediate care facility for the 57,472
mentally retarded a return on the facility's net equity computed 57,473
at the rate of one and one-half times the average of interest 57,474
rates on special issues of public debt obligations issued to the 57,475
federal hospital insurance trust fund for the cost reporting 57,476
1266
period. No facility's return on net equity paid under this 57,477
division shall exceed one dollar per patient day. 57,478
In calculating the rate for return on net equity, the 57,480
department shall use the greater of the facility's inpatient days 57,481
during the applicable cost reporting period or the number of 57,482
inpatient days the facility would have had during that period if 57,483
its occupancy rate had been ninety-five per cent. 57,484
(J)(1) Except as provided in division (J)(2) of this 57,487
section, if a provider leases or transfers an interest in a 57,488
facility to another provider who is a related party, the related 57,490
party's allowable cost of ownership shall include the lesser of 57,491
the following:
(a) The annual lease expense or actual cost of ownership, 57,494
whichever is applicable;
(b) The reasonable cost to the lessor or provider making 57,497
the transfer.
(2) If a provider leases or transfers an interest in a 57,499
facility to another provider who is a related party, regardless 57,500
of the date of the lease or transfer, the related party's 57,502
allowable cost of ownership shall include the annual lease 57,503
expense or actual cost of ownership, whichever is applicable, 57,504
subject to the limitations specified in divisions (B) to (I) of 57,506
this section, if all of the following conditions are met: 57,507
(a) The related party is a relative of owner; 57,510
(b) In the case of a lease, if the lessor retains any 57,512
ownership interest, it is in only the real property and any 57,513
improvements on the real property; 57,514
(c) In the case of a transfer, the provider making the 57,517
transfer retains no ownership interest in the facility; 57,518
(d) The United States internal revenue service has issued 57,521
a ruling that the lease or transfer is an arm's length
transaction for purposes of federal income taxation; 57,522
(e) Except in the case of hardship caused by a 57,525
catastrophic event, as determined by the department, or in the 57,526
1267
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 57,527
since, for the same facility, allowable cost of ownership was 57,528
determined most recently under this division. 57,529
Sec. 5111.252. (A) As used in this section: 57,538
(1) "Contractor" means a person or government agency that 57,540
has entered into a contract with the department of mental 57,541
retardation and developmental disabilities under this section. 57,542
(2) "Government agency" and "residential services" have 57,544
the same meanings as in section 5123.18 of the Revised Code. 57,545
(3) "Respite care services" has the same meaning as in 57,547
section 5123.171 of the Revised Code. 57,548
(B) The department of mental retardation and developmental 57,550
disabilities may enter into a contract with a person or 57,551
government agency to do any of the following: 57,552
(1) Provide residential services in an intermediate care 57,554
facility for the mentally retarded to an individual who meets the 57,555
criteria for admission to such a facility but is not eligible for 57,556
assistance under this chapter due to unliquidated assets subject 57,557
to final probate action; 57,558
(2) Provide respite care services in an intermediate care 57,560
facility for the mentally retarded; 57,561
(3) Provide residential services in a facility for which 57,563
the person or government agency has applied for, but has not 57,564
received, certification and payment as an intermediate care 57,565
facility for the mentally retarded if the person or government 57,566
agency is making a good faith effort to bring the facility into 57,567
compliance with requirements for certification and payment as an 57,568
intermediate care facility for the mentally retarded. In 57,569
assigning payment amounts to such contracts, the department shall 57,570
take into account costs incurred in attempting to meet 57,571
certification requirements. 57,572
(4) Reimburse an intermediate care facility for the 57,574
mentally retarded for costs not otherwise reimbursed under this 57,575
1268
chapter for clothing for individuals who are mentally retarded or 57,576
developmentally disabled. Reimbursement under such contracts 57,577
shall not exceed a maximum amount per individual per year 57,578
specified in rules that the department shall adopt in accordance 57,579
with Chapter 119. of the Revised Code. 57,580
(C) The amount paid to a contractor under divisions (B)(1) 57,582
to (3) of this section shall not exceed the reimbursement that 57,583
would be made under this chapter by the department of human JOB 57,584
AND FAMILY services for the same goods and services.
(D) The department of mental retardation and developmental 57,586
disabilities shall adopt rules as necessary to implement this 57,587
section, including rules establishing standards and procedures 57,588
for the submission of cost reports by contractors and the 57,589
department's conduct of audits and reconciliations regarding the 57,590
contracts. The rules shall be adopted in accordance with Chapter 57,591
119. of the Revised Code. 57,592
Sec. 5111.255. (A) The department of human JOB AND FAMILY 57,601
services shall establish initial rates for a nursing facility or 57,602
intermediate care facility for the mentally retarded with a first 57,603
date of licensure that is on or after January 1, 1993, including 57,604
a facility that replaces one or more existing facilities, or for 57,605
a nursing facility or intermediate care facility for the mentally 57,606
retarded with a first date of licensure before that date that was 57,607
initially certified for the medical assistance program on or 57,608
after that date, in the following manner: 57,609
(1) The rate for direct care costs shall be determined as 57,611
follows: 57,612
(a) If there are no cost or resident assessment data as 57,614
necessary to calculate a rate under section 5111.23 of the 57,615
Revised Code, the rate shall be the median cost per case-mix unit 57,616
calculated under division (B)(1) of that section for the relevant 57,617
peer group for the calendar year preceding the fiscal year in 57,618
which the rate will be paid, multiplied by the median annual 57,619
average case-mix score for the peer group for that period and by 57,620
1269
the rate of inflation estimated under division (B)(5) of that 57,621
section. This rate shall be recalculated to reflect the 57,622
facility's actual quarterly average case-mix score, in accordance 57,623
with that section, after it submits its first quarterly 57,625
assessment information that qualifies for use in calculating a 57,626
case-mix score in accordance with rules adopted under division 57,627
(D) of section 5111.231 of the Revised Code. If the facility's 57,628
first two quarterly submissions do not contain assessment 57,629
information that qualifies for use in calculating a case-mix 57,630
score, the department shall continue to calculate the rate using 57,631
the median annual case-mix score for the peer group in lieu of an 57,632
assigned quarterly case-mix score. The department shall assign a 57,633
case-mix score or, if necessary, a cost per case-mix unit under 57,634
division (C) of section 5111.231 of the Revised Code for any 57,635
subsequent submissions that do not contain assessment information 57,636
that qualifies for use in calculating a case-mix score. 57,637
(b) If the facility is a replacement facility and the 57,639
facility or facilities that are being replaced are in operation 57,640
immediately before the replacement facility opens, the rate shall 57,641
be the same as the rate for the replaced facility or facilities, 57,642
proportionate to the number of beds in each replaced facility. 57,643
If one or more of the replaced facilities is not in operation 57,644
immediately before the replacement facility opens, its proportion 57,645
shall be determined under division (A)(1)(a) of this section. 57,646
(2) The rate for other protected costs shall be one 57,648
hundred fifteen per cent of the median rate for the applicable 57,649
type of facility calculated for the fiscal year under section 57,650
5111.235 of the Revised Code. 57,651
(3) The rate for indirect care costs shall be the 57,653
applicable maximum rate for the facility's peer group as 57,654
specified in division (B) of section 5111.24 or division (B) of 57,655
section 5111.241 of the Revised Code. 57,656
(4) The rate for capital costs shall be determined under 57,658
section 5111.25 or 5111.251 of the Revised Code using the greater 57,659
1270
of actual inpatient days or an imputed occupancy rate of eighty 57,660
per cent. 57,661
(B) The department shall adjust the rates established 57,663
under division (A) of this section at both of the following 57,664
times: 57,665
(1) Effective the first day of July, to reflect new rate 57,667
calculations for all facilities under sections 5111.23 to 5111.25 57,668
and 5111.251 of the Revised Code; 57,669
(2) Following the facility's submission of its cost report 57,671
under division (A)(1)(b) of section 5111.26 of the Revised Code. 57,672
The department shall pay the rate adjusted based on the 57,674
cost report beginning the first day of the calendar quarter that 57,675
begins more than ninety days after the department receives the 57,676
cost report. 57,677
Sec. 5111.257. (A) Notwithstanding sections 5111.23, 57,686
5111.231, 5111.235, 5111.24, 5111.241, 5111.25, 5111.251, and 57,687
5111.255 of the Revised Code, the department DIRECTOR of human 57,689
JOB AND FAMILY services shall adopt rules in accordance with 57,690
Chapter 119. of the Revised Code that establish a methodology for 57,691
calculating the prospective rates for direct care costs, other 57,692
protected costs, indirect care costs, and capital costs that will 57,693
be paid each fiscal year to nursing facilities and intermediate 57,694
care facilities for the mentally retarded, and discrete units of 57,695
nursing facilities or intermediate care facilities for the 57,696
mentally retarded, that serve residents who have diagnoses or 57,697
special care needs that require direct care resources that are 57,698
not measured adequately by the applicable assessment instrument 57,699
specified in rules adopted under section 5111.231 of the Revised 57,700
Code, or who have diagnoses or special care needs specified in 57,701
the rules as otherwise qualifying for consideration under this 57,702
section. The facilities and units of facilities whose rates are 57,703
established under this division may include, but shall not be 57,704
limited to, any of the following: 57,705
(1) In the case of nursing facilities, facilities and 57,707
1271
units of facilities that serve medically fragile pediatric 57,708
residents, residents who are dependent on ventilators, or 57,709
residents who have severe traumatic brain injury, end-stage 57,710
Alzheimer's disease, or end-stage acquired immunodeficiency 57,711
syndrome; 57,712
(2) In the case of intermediate care facilities for the 57,714
mentally retarded, facilities and units of facilities that serve 57,715
residents who have complex medical conditions or severe 57,716
behavioral problems. 57,717
The department shall use the methodology established under 57,719
this division to pay for services rendered by such facilities and 57,720
units after June 30, 1993. 57,721
The rules adopted under this division shall specify the 57,723
criteria and procedures the department will apply when 57,724
designating facilities and units that qualify for calculation of 57,725
rates under this division. The criteria shall include 57,726
consideration of whether all of the allowable costs of the 57,727
facility or unit would be paid by rates established under 57,728
sections 5111.23, 5111.231, 5111.235, 5111.24, 5111.241, 5111.25, 57,729
5111.251, and 5111.255 of the Revised Code, and shall establish a 57,730
minimum bed size for a facility or unit to qualify to have its 57,731
rates established under this division. The criteria shall not be 57,732
designed to require that residents be served only in facilities 57,733
located in large cities. The methodology established by the 57,734
rules shall consider the historical costs of providing care to 57,735
the residents of the facilities or units. 57,736
The rules may require that a facility designated under this 57,738
division or containing a unit designated under this division 57,739
receive authorization from the department to admit or retain a 57,740
resident to the facility or unit and shall specify the criteria 57,741
and procedures the department will apply when granting that 57,742
authorization. 57,743
Notwithstanding any other provision of sections 5111.20 to 57,745
5111.32 of the Revised Code, the costs incurred by facilities or 57,746
1272
units whose rates are established under this division shall not 57,747
be considered in establishing payment rates for other facilities 57,748
or units. 57,749
(B) The department DIRECTOR may adopt rules in accordance 57,751
with Chapter 119. of the Revised Code under which the department, 57,752
notwithstanding any other provision of sections 5111.20 to 57,753
5111.32 of the Revised Code, may adjust the rates determined 57,754
under sections 5111.23 to 5111.255 of the Revised Code for a 57,755
facility that serves a resident who has a diagnosis or special 57,756
care need that, in the rules adopted under division (A) of this 57,757
section, would qualify a facility or unit of a facility to have 57,758
its rate determined under that division, but who is not in such a 57,759
unit. The rules may require that a facility that qualifies for a 57,760
rate adjustment under this division receive authorization from 57,761
the department to admit or retain a resident who qualifies the 57,762
facility for the rate adjustment and shall specify the criteria 57,763
and procedures the department will apply when granting that 57,764
authorization. 57,765
Sec. 5111.26. (A)(1)(a) Except as provided in division 57,774
(A)(1)(b) of this section, each nursing facility and intermediate 57,775
care facility for the mentally retarded shall file with the 57,776
department of human JOB AND FAMILY services an annual cost report 57,777
prepared in accordance with guidelines established by the 57,778
department. The report shall cover a calendar year or the 57,779
portion of a calendar year during which the facility participated 57,780
in the medical assistance program. All facilities shall file 57,781
the reports within ninety days after the end of the calendar 57,782
year. The department, for good cause, may grant a fourteen-day 57,783
extension of the time for filing cost reports upon written 57,784
request from a facility. The department DIRECTOR OF JOB AND 57,785
FAMILY SERVICES shall prescribe, in rules adopted in accordance 57,787
with Chapter 119. of the Revised Code, the cost reporting form 57,788
and a uniform chart of accounts for the purpose of cost 57,789
reporting, and shall distribute cost reporting forms or computer 57,790
1273
software for electronic submission of the cost report to each 57,791
nursing facility and intermediate care facility for the mentally 57,792
retarded at least sixty days before the facility's reporting 57,793
date.
(b) A facility for which rates are established under 57,795
section 5111.255 of the Revised Code shall submit a cost report 57,796
no later than ninety days after the end of the facility's first 57,797
three full calendar months of operation. A facility that opens 57,798
after the first day of October in any calendar year is not 57,799
required to file a cost report for that calendar year. 57,800
(2) If a nursing facility or intermediate care facility 57,802
for the mentally retarded required to submit cost reports does 57,803
not file the reports within the required time periods or within 57,804
fourteen days thereafter if an extension is granted under 57,805
division (A)(1)(a) of this section, or files an incomplete or 57,806
inadequate report, the department shall provide immediate written 57,807
notice to the facility that its provider agreement will be 57,808
terminated in thirty days unless the facility submits a complete 57,809
and adequate cost report within thirty days. During the 57,810
thirty-day termination period or any additional time allowed for 57,811
an appeal of the proposed termination of a provider agreement, 57,812
the facility shall be paid its then current per resident per day 57,813
rate, minus two dollars. On July 1, 1994, the department shall 57,814
adjust the two-dollar reduction to reflect the rate of inflation 57,815
during the preceding twelve months, as shown in the consumer 57,816
price index for all items for all urban consumers for the north 57,817
central region, published by the United States bureau of labor 57,818
statistics. On July 1, 1995, and the first day of July of each 57,819
year thereafter, the department shall adjust the amount of the 57,820
reduction in effect during the previous twelve months to reflect 57,821
the rate of inflation during the preceding twelve months, as 57,822
shown in the same index. 57,823
(B) No nursing facility or intermediate care facility for 57,825
the mentally retarded shall report fines paid under sections 57,826
1274
5111.35 to 5111.62 or section 5111.99 of the Revised Code in any 57,827
cost report filed under this section. 57,828
(C) The department shall develop an addendum to the cost 57,830
report form that a nursing facility or intermediate care facility 57,831
for the mentally retarded may use to set forth costs that the 57,832
facility believes may be disputed by the department. Any costs 57,833
reported by the facility on the addendum may be considered by the 57,834
department in setting the facility's rate. If the department 57,835
does not consider the costs listed on the addendum in setting the 57,836
facility's rate, the facility may seek reconsideration of that 57,837
determination under section 5111.29 of the Revised Code. If the 57,838
department subsequently includes the costs listed in the addendum 57,839
in the facility's rate, the department shall pay the facility 57,840
interest at a reasonable rate established in rules adopted in 57,841
accordance with Chapter 119. of the Revised Code for the time 57,842
that the rate paid excluded the costs.
Sec. 5111.261. Except as otherwise provided in sections 57,851
5111.262 to 5111.264 of the Revised Code, the department of human 57,852
JOB AND FAMILY services, in determining whether direct care costs
and indirect care costs are allowable, shall place no limit on 57,853
specific categories of reasonable costs other than compensation 57,854
of owners, compensation of relatives of owners, compensation of 57,855
administrators and costs for resident meals that are prepared and 57,856
consumed outside the facility. 57,857
Compensation cost limits for owners and relatives of owners 57,859
shall be based on compensation costs for individuals who hold 57,860
comparable positions but who are not owners or relatives of 57,861
owners, as reported on facility cost reports. As used in this 57,862
section, "comparable position" means the position that is held by 57,863
the owner or the owner's relative, if that position is listed 57,864
separately on the cost report form, or if the position is not 57,865
listed separately, the group of positions that is listed on the 57,866
cost report form and that includes the position held by the owner 57,867
or the owner's relative. In the case of an owner or owner's 57,868
1275
relative who serves the facility in a capacity such as corporate 57,869
officer, proprietor, or partner for which no comparable position 57,870
or group of positions is listed on the cost report form, the 57,871
compensation cost limit shall be based on civil service 57,872
equivalents and shall be specified in rules adopted by the 57,873
department DIRECTOR OF JOB AND FAMILY SERVICES in accordance with 57,875
Chapter 119. of the Revised Code.
Compensation cost limits for administrators shall be based 57,877
on compensation costs for administrators who are not owners or 57,878
relatives of owners, as reported on facility cost reports. 57,879
Compensation cost limits for administrators of four or more 57,880
intermediate care facilities for the mentally retarded shall be 57,881
the same as the limits for administrators of nursing facilities 57,882
or intermediate care facilities for the mentally retarded with 57,883
one hundred fifty or more beds. 57,884
For nursing facilities, cost limits for resident meals that 57,886
are prepared and consumed outside the facility shall be based on 57,887
the statewide average cost of serving and preparing meals in all 57,888
nursing facilities, as reported on the facility cost reports. For 57,890
intermediate care facilities for the mentally retarded, cost
limits for resident meals that are prepared and consumed outside 57,891
the facility shall be based on the statewide average cost of 57,892
serving and preparing meals in all intermediate care facilities 57,893
for the mentally retarded, as reported on the facility cost 57,894
reports. 57,895
Sec. 5111.263. (A) As used in this section, "covered 57,904
therapy services" means physical therapy, occupational therapy, 57,905
audiology, and speech therapy services that are provided by 57,906
appropriately licensed therapists or therapy assistants and that 57,907
are covered for nursing facility residents either by the medicare 57,908
program established under Title XVIII of the "Social Security 57,909
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, or the 57,910
medical assistance program as specified in rules adopted by the 57,911
department DIRECTOR of human JOB AND FAMILY services in 57,913
1276
accordance with Chapter 119. of the Revised Code. 57,914
(B) Except as provided in division (G) of this section, 57,916
the costs of therapy are not allowable costs for nursing 57,917
facilities for the purpose of determining rates under sections 57,918
5111.23, 5111.231, 5111.235, 5111.24, 5111.241, 5111.25, 57,919
5111.251, 5111.255, and 5111.257 of the Revised Code. 57,920
(C) The department of human JOB AND FAMILY services shall 57,922
process no claims for payment under the medical assistance 57,924
program for covered therapy services rendered to a resident of a 57,925
nursing facility other than such claims submitted, in accordance 57,926
with this section, by a nursing facility that has a valid 57,928
provider agreement with the department.
(D) Nursing facilities that have entered into a provider 57,930
agreement may bill the department of human JOB AND FAMILY 57,931
services for covered therapy services it provides to residents of 57,932
any nursing facility who are recipients of the medical assistance 57,933
program and not eligible for the medicare program. 57,934
(E) The department shall not process any claim for a 57,936
covered therapy service provided to a nursing facility resident 57,937
who is eligible for the medicare program unless the claim is for 57,938
a copayment or deductible or the conditions in division (E)(1) or 57,939
(2) of this section apply: 57,940
(1) The covered therapy service provided is, under the 57,942
federal statutes, regulations, or policies governing the medicare 57,943
program, not covered by the medicare program and the service is, 57,944
under the provisions of this chapter or the rules adopted under 57,945
this chapter, covered by the medical assistance program. 57,946
(2) All of the following apply: 57,948
(a) The individual or entity who provided the covered 57,950
therapy service was eligible to bill the medicare program for the 57,951
service. 57,952
(b) A complete, accurate, and timely claim was submitted 57,954
to the medicare program and the program denied payment for the 57,955
service as not medically necessary for the resident. For the 57,956
1277
purposes of division (E)(2)(b) of this section, a claim is not 57,957
considered to have been denied by the medicare program until 57,958
either a denial has been issued following a medicare fair hearing 57,959
or six months have elapsed since the request for a fair hearing 57,960
was filed. 57,961
(c) The facility is required to provide or arrange for the 57,963
provision of the service by a licensed therapist or therapy 57,964
assistant to be in compliance with federal or state nursing 57,965
facility certification requirements for the medical assistance 57,966
program. 57,967
(d) The claim for payment for the services under the 57,969
medical assistance program is accompanied by documentation that 57,970
divisions (E)(2)(b) and (c) of this section apply to the service. 57,971
(F) The reimbursement allowed by the department for 57,973
covered therapy services provided to nursing facility residents 57,974
and billed under division (D) or (E) of this section shall be 57,975
fifteen per cent less than the fees it pays for the same services 57,976
rendered to hospital outpatients. The department DIRECTOR may 57,977
adopt rules in accordance with Chapter 119. of the Revised Code 57,979
establishing comparable fees for covered therapy services that 57,980
are not included in its schedule of fees paid for services 57,981
rendered to hospital outpatients. 57,982
(G) A nursing facility's reasonable costs for 57,984
rehabilitative, restorative, or maintenance therapy services 57,985
rendered to facility residents by nurses or nurse aides, and the 57,986
facility's overhead costs to support provision of therapy 57,987
services provided to nursing facility residents, are allowable 57,988
costs for the purposes of establishing rates under sections 57,989
5111.23, 5111.231, 5111.235, 5111.24, 5111.241, 5111.25, 57,990
5111.251, 5111.255, and 5111.257 of the Revised Code. 57,991
Sec. 5111.27. (A) The department of human JOB AND FAMILY 58,000
services shall conduct a desk review of each cost report it 58,002
receives under section 5111.26 of the Revised Code. Based on the 58,003
desk review, the department shall make a preliminary 58,004
1278
determination of whether the reported costs are allowable costs. 58,005
The department shall notify each nursing facility and 58,006
intermediate care facility for the mentally retarded of whether 58,007
any of its costs are preliminarily determined not to be 58,008
allowable, the rate calculation under sections 5111.23 to 58,009
5111.257 of the Revised Code that results from that 58,010
determination, and the reasons for the determination and 58,011
resulting rate. The department shall allow the facility to 58,012
verify the calculation and submit additional information. 58,013
(B) The department may conduct an audit, as defined by the 58,015
department by rule adopted BY THE DIRECTOR OF JOB AND FAMILY 58,016
SERVICES in accordance with Chapter 119. of the Revised Code, of 58,018
any cost report and shall notify the nursing facility or 58,019
intermediate care facility for the mentally retarded of its 58,020
findings.
Audits shall be conducted by auditors under contract with 58,022
or employed by the department. The decision whether to conduct 58,023
an audit and the scope of the audit, which may be a desk or field 58,024
audit, shall be determined based on prior performance of the 58,025
provider and may be based on a risk analysis or other evidence 58,026
that gives the department reason to believe that the provider has 58,027
reported costs improperly. A desk or field audit may be 58,028
performed annually, but is required whenever a provider does not 58,029
pass the risk analysis tolerance factors. The department shall 58,030
issue the audit report no later than three years after the cost 58,031
report is filed, or upon the completion of a desk or field audit 58,032
on the report or a report for a subsequent cost reporting period, 58,033
whichever is earlier. During the time within which the 58,034
department may issue an audit report, the provider may amend the 58,035
cost report upon discovery of a material error or material 58,036
additional information. The department shall review the amended 58,037
cost report for accuracy and notify the provider of its 58,038
determination. 58,039
The department may establish a contract for the auditing of 58,041
1279
facilities by outside firms. Each contract entered into by 58,042
bidding shall be effective for one to two years. The department 58,043
shall establish an audit manual and program which shall require 58,044
that all field audits, conducted either pursuant to a contract or 58,045
by department employees: 58,046
(1) Comply with the applicable rules prescribed pursuant 58,048
to Titles XVIII and XIX of the "Social Security Act," 49 Stat. 58,049
620 (1935), 42 U.S.C.A. 301, as amended; 58,050
(2) Consider generally accepted auditing standards 58,052
prescribed by the American institute of certified public 58,053
accountants; 58,054
(3) Include a written summary as to whether the costs 58,056
included in the report examined during the audit are allowable 58,057
and are presented fairly in accordance with generally accepted 58,058
accounting principles and department rules, and whether, in all 58,059
material respects, allowable costs are documented, reasonable, 58,060
and related to patient care; 58,061
(4) Are conducted by accounting firms or auditors who, 58,063
during the period of the auditors' professional engagement or 58,064
employment and during the period covered by the cost reports, do 58,065
not have nor are committed to acquire any direct or indirect 58,066
financial interest in the ownership, financing, or operation of a 58,067
nursing facility or intermediate care facility for the mentally 58,068
retarded in this state; 58,069
(5) Are conducted by accounting firms or auditors who, as 58,071
a condition of the contract or employment, shall not audit any 58,072
facility that has been a client of the firm or auditor; 58,073
(6) Are conducted by auditors who are otherwise 58,075
independent as determined by the standards of independence 58,076
established by the American institute of certified public 58,077
accountants; 58,078
(7) Are completed within the time period specified by the 58,080
department; 58,081
(8) Provide to the nursing facility or intermediate care 58,083
1280
facility for the mentally retarded complete written 58,084
interpretations that explain in detail the application of all 58,085
relevant contract provisions, regulations, auditing standards, 58,086
rate formulae, and departmental policies, with explanations and 58,087
examples, that are sufficient to permit the facility to calculate 58,088
with reasonable certainty those costs that are allowable and the 58,089
rate to which the facility is entitled. 58,090
For the purposes of division (B)(4) of this section, 58,092
employment of a member of an auditor's family by a nursing 58,093
facility or intermediate care facility for the mentally retarded 58,094
that the auditor does not review does not constitute a direct or 58,095
indirect financial interest in the ownership, financing, or
operation of the facility. 58,096
(C) The department, pursuant to rules adopted in 58,098
accordance with Chapter 119. of the Revised Code, may conduct an 58,099
exception review of assessment information submitted under 58,100
section 5111.231 of the Revised Code. The department may conduct 58,101
an exception review based on the findings of a certification 58,102
survey conducted by the department of health, a risk analysis, or 58,103
prior performance of the provider. 58,104
Exception reviews shall be conducted at the facility by 58,106
appropriate health professionals under contract with or employed 58,107
by the department of human JOB AND FAMILY services. The 58,108
professionals may review resident assessment forms and supporting 58,109
documentation, conduct interviews, and observe residents to 58,110
identify any patterns or trends of inaccurate assessments and 58,111
resulting inaccurate case-mix scores.
The rules shall establish an exception review program that 58,113
requires that exception reviews do all of the following: 58,114
(1) Comply with Titles XVIII and XIX of the "Social 58,116
Security Act"; 58,117
(2) Provide a written summary that states whether the 58,119
resident assessment forms have been completed accurately; 58,120
(3) Are conducted by health professionals who, during the 58,122
1281
period of their professional engagement or employment with the 58,123
department, neither have nor are committed to acquire any direct 58,124
or indirect financial interest in the ownership, financing, or 58,125
operation of a nursing facility or intermediate care facility for 58,126
the mentally retarded in this state; 58,127
(4) Are conducted by health professionals who, as a 58,129
condition of their engagement or employment with the department, 58,130
shall not review any facility that has been a client of the 58,132
professional.
For the purposes of division (C)(3) of this section, 58,134
employment of a member of a health professional's family by a 58,135
nursing facility or intermediate care facility for the mentally 58,136
retarded that the professional does not review does not 58,137
constitute a direct or indirect financial interest in the
ownership, financing, or operation of the facility. 58,138
If an exception review is conducted before the effective 58,140
date of the rate that is based on the case-mix information 58,141
subject to the review and the review results in findings that 58,142
exceed tolerance levels specified in the rules adopted under this 58,143
division, the department, in accordance with those rules, may use 58,144
the findings to recalculate individual resident case-mix scores, 58,145
quarterly average facility case-mix scores, and annual average 58,146
facility case-mix scores. The department may use the 58,147
recalculated quarterly and annual facility average case-mix 58,148
scores to calculate the facility's rate for direct care costs for 58,149
the appropriate calendar quarter or quarters. 58,150
(D) The department shall prepare a written summary of any 58,152
audit disallowance or exception review finding that is made after 58,153
the effective date of the rate that is based on the cost or 58,154
case-mix information. Where the facility is pursuing judicial or 58,155
administrative remedies in good faith regarding the disallowance 58,156
or finding, the department shall not withhold from the facility's 58,157
current payments any amounts the department claims to be due from 58,158
the facility pursuant to section 5111.28 of the Revised Code. 58,159
1282
(E) The department shall not reduce rates calculated under 58,161
sections 5111.23 to 5111.28 of the Revised Code on the basis that 58,162
the facility charges a lower rate to any resident who is not 58,163
eligible for the medical assistance program. 58,164
(F) The department shall adjust the rates calculated under 58,166
sections 5111.23 to 5111.28 of the Revised Code to account for 58,167
reasonable additional costs that must be incurred by nursing 58,168
facilities and intermediate care facilities for the mentally 58,169
retarded to comply with requirements of federal or state 58,170
statutes, rules, or policies enacted or amended after January 1, 58,171
1992, or with orders issued by state or local fire authorities. 58,172
Sec. 5111.29. (A) The department DIRECTOR of human JOB 58,182
AND FAMILY services shall adopt rules in accordance with Chapter 58,183
119. of the Revised Code that establish a process under which a 58,184
nursing facility or intermediate care facility for the mentally 58,185
retarded, or a group or association of facilities, may seek 58,186
reconsideration of rates established under sections 5111.23 to 58,187
5111.28 of the Revised Code, including a rate for direct care 58,188
costs recalculated before the effective date of the rate as a 58,189
result of an exception review of resident assessment information 58,190
conducted under section 5111.27 of the Revised Code. 58,191
(1) Except as provided in divisions (A)(2) to (4) of this 58,193
section, the only issue that a facility, group, or association 58,194
may raise in the rate reconsideration shall be whether the rate 58,195
was calculated in accordance with sections 5111.23 to 5111.28 of 58,196
the Revised Code and the rules adopted under those sections. The 58,197
rules shall permit a facility, group, or association to submit 58,198
written arguments or other materials that support its position. 58,199
The rules shall specify time frames within which the facility, 58,200
group, or association and the department must act. If the 58,201
department determines, as a result of the rate reconsideration, 58,202
that the rate established for one or more facilities is less than 58,203
the rate to which it is entitled, the department shall increase 58,205
the rate. If the department has paid the incorrect rate for a 58,206
1283
period of time, the department shall pay the facility the 58,207
difference between the amount it was paid for that period and the 58,208
amount it should have been paid. 58,209
(2) The rules shall provide that during a fiscal year, the 58,211
department, by means of the rate reconsideration process, may 58,212
increase a facility's rate as calculated under sections 5111.23 58,213
to 5111.28 of the Revised Code if the facility demonstrates that 58,214
its actual, allowable costs have increased because of extreme 58,215
circumstances. A facility may qualify for a rate increase only 58,216
if its per diem, actual, allowable costs have increased to a 58,217
level that exceeds its total rate, including any efficiency 58,218
incentive and return on equity payment. The rules shall specify 58,219
the circumstances that would justify a rate increase under 58,220
division (A)(2) of this section. The rules shall provide that 58,221
the extreme circumstances include, but are not limited to, 58,222
renovations approved under division (D) of section 5111.251 of 58,223
the Revised Code, an increase in workers' compensation experience 58,224
rating of greater than five per cent for a facility that has an 58,225
appropriate claims management program, increased security costs 58,226
for an inner-city facility, and a change of ownership that 58,227
results from bankruptcy, foreclosure, or findings of violations 58,228
of certification requirements by the department of health. An 58,229
increase under division (A)(2) of this section is subject to any 58,230
rate limitations or maximum rates established by sections 5111.23 58,231
to 5111.28 of the Revised Code for specific cost centers. Any 58,232
rate increase granted under division (A)(2) of this section shall 58,233
take effect on the first day of the first month after the 58,234
department receives the request. 58,235
(3) The rules shall provide that the department, through 58,237
the rate reconsideration process, may increase a facility's rate 58,238
as calculated under sections 5111.23 to 5111.28 of the Revised 58,239
Code if the department, in its sole discretion, determines that 58,240
the rate as calculated under those sections works an extreme 58,241
hardship on the facility. 58,242
1284
(4) The rules shall provide that when beds certified for 58,244
the medical assistance program are added to an existing facility, 58,245
replaced at the same site, or subject to a change of ownership or 58,246
lease, the department, through the rate reconsideration process, 58,247
shall increase the facility's rate for capital costs 58,248
proportionately, as limited by any applicable limitation under 58,249
section 5111.25 or 5111.251 of the Revised Code, to account for 58,250
the costs of the beds that are added, replaced, or subject to a 58,251
change of ownership or lease. The department shall make this 58,252
increase one month after the first day of the month after the 58,253
department receives sufficient documentation of the costs. Any 58,255
rate increase granted under division (A)(4) of this section after 58,256
June 30, 1993, shall remain in effect until the effective date of 58,257
a rate calculated under section 5111.25 or 5111.251 of the 58,258
Revised Code that includes costs incurred for a full calendar 58,259
year for the bed addition, bed replacement, or change of
ownership or lease. The facility shall report double accumulated 58,261
depreciation in an amount equal to the depreciation included in 58,262
the rate adjustment on its cost report for the first year of 58,263
operation. During the term of any loan used to finance a project 58,264
for which a rate adjustment is granted under division (A)(4) of 58,266
this section, if the facility is operated by the same provider, 58,267
the facility shall subtract from the interest costs it reports on 58,268
its cost report an amount equal to the difference between the 58,269
following:
(a) The actual, allowable interest costs for the loan 58,272
during the calendar year for which the costs are being reported; 58,273
(b) The actual, allowable interest costs attributable to 58,276
the loan that were used to calculate the rates paid to the 58,277
facility during the same calendar year.
(5) The department's decision at the conclusion of the 58,279
reconsideration process shall not be subject to any 58,280
administrative proceedings under Chapter 119. or any other 58,281
provision of the Revised Code. 58,282
1285
(B) Any audit disallowance that the department makes as 58,284
the result of an audit under section 5111.27 of the Revised Code, 58,285
any adverse finding that results from an exception review of 58,286
resident assessment information conducted under that section 58,287
after the effective date of the facility's rate that is based on 58,288
the assessment information, and any penalty the department 58,289
imposes under division (C) of section 5111.28 of the Revised Code 58,290
shall be subject to an adjudication conducted in accordance with 58,291
Chapter 119. of the Revised Code. 58,292
Sec. 5111.291. Notwithstanding sections 5111.20 to 5111.29 58,301
of the Revised Code, the department of human JOB AND FAMILY 58,302
services may compute the rate for intermediate care facilities 58,303
for the mentally retarded operated by the department of mental
retardation and developmental disabilities or the department of 58,304
mental health according to the reasonable cost principles of 58,305
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 58,306
U.S.C.A. 1395, as amended.
Sec. 5111.30. The department of human JOB AND FAMILY 58,315
services shall terminate the provider agreement with a nursing 58,317
facility or intermediate care facility for the mentally retarded 58,319
that does not comply with the requirements of section 3721.071 of 58,321
the Revised Code for the installation of fire extinguishing and 58,322
fire alarm systems. 58,323
Sec. 5111.31. (A) Every provider agreement with a nursing 58,332
facility or intermediate care facility for the mentally retarded 58,333
shall: 58,334
(1) Prohibit the facility from failing or refusing to 58,336
retain as a patient any person because he THE PERSON is, becomes, 58,338
or may, as a patient in the facility, become a recipient of
assistance under the medical assistance program. For the 58,339
purposes of this division, a recipient of medical assistance who 58,340
is a patient in a facility shall be considered a patient in the 58,341
facility during any hospital stays totaling less than twenty-five 58,342
days during any twelve-month period. Recipients who have been 58,343
1286
identified by the department of human JOB AND FAMILY services or 58,344
its designee as requiring the level of care of an intermediate 58,345
care facility for the mentally retarded shall not be subject to a 58,346
maximum period of absences during which they are considered 58,347
patients if prior authorization of the department for visits with 58,348
relatives and friends and participation in therapeutic programs 58,349
is obtained under rules adopted under section 5111.02 of the 58,350
Revised Code.
(2) Include any part of the facility that meets standards 58,352
for certification of compliance with federal and state laws and 58,353
rules for participation in the medical assistance program, except 58,354
that nursing facilities that, during the period beginning July 1, 58,355
1987, and ending July 1, 1993, added beds licensed as nursing 58,356
home beds under Chapter 3721. of the Revised Code are not 58,357
required to include those beds under a provider agreement unless 58,358
otherwise required by federal law. Once added to the provider 58,359
agreement, however, those nursing home beds may not be removed 58,360
unless the facility withdraws from the medical assistance program 58,361
in its entirety. 58,362
(3) Prohibit the facility from discriminating against any 58,364
patient on the basis of race, color, sex, creed, or national 58,365
origin. 58,366
(4) Except as otherwise prohibited under section 5111.55 58,368
of the Revised Code, prohibit the facility from failing or 58,369
refusing to accept a patient because he THE PATIENT is, becomes, 58,370
or may, as a patient in the facility, become a recipient of 58,371
assistance under the medical assistance program if less than 58,372
eighty per cent of the patients in the facility are recipients of 58,373
medical assistance. 58,374
(B) Nothing in this section shall bar any religious or 58,376
denominational nursing facility or intermediate care facility for 58,377
the mentally retarded that is operated, supervised, or controlled 58,378
by a religious organization from giving preference to persons of 58,379
the same religion or denomination. Nothing in this section shall 58,380
1287
bar any facility from giving preference to persons with whom it 58,381
has contracted to provide continuing care. 58,382
(C) Nothing in this section shall bar any county home 58,384
organized under Chapter 5155. of the Revised Code from admitting 58,385
residents exclusively from the county in which the county home is 58,386
located. 58,387
(D) No nursing facility or intermediate care facility for 58,389
the mentally retarded with which a provider agreement is in 58,390
effect shall violate the provider contract obligations imposed 58,391
under this section. 58,392
(E) Nothing in divisions (A) and (B) of this section shall 58,394
bar any nursing facility or intermediate care facility for the 58,395
mentally retarded from retaining patients who have resided in the 58,396
facility for not less than one year as private pay patients and 58,397
who subsequently become recipients of assistance under the 58,398
medicaid program, but refusing to accept as a patient any person 58,399
who is or may, as a patient in the facility, become a recipient 58,400
of assistance under the medicaid program, if all of the following 58,401
apply: 58,402
(1) The facility does not refuse to retain any patient who 58,404
has resided in the facility for not less than one year as a 58,405
private pay patient because he THE PATIENT becomes a recipient of 58,407
assistance under the medicaid program, except as necessary to
comply with division (E)(2) of this section; 58,408
(2) The number of medicaid recipients retained under this 58,410
division does not at any time exceed ten per cent of all the 58,411
patients in the facility; 58,412
(3) On July 1, 1980, all the patients in the facility were 58,414
private pay patients. 58,415
Sec. 5111.33. Reimbursement to nursing facilities and 58,424
intermediate care facilities for the mentally retarded under 58,425
sections 5111.20 to 5111.32 of the Revised Code shall include 58,426
payments to facilities, at a rate equal to the percentage of the 58,427
per resident per day rates that the department of human JOB AND 58,428
1288
FAMILY services has established for the facility under sections 58,429
5111.23 to 5111.29 of the Revised Code for the fiscal year for 58,430
which the cost of services is reimbursed, to reserve a bed for a 58,431
recipient during a temporary absence under conditions prescribed 58,432
by the department, to include hospitalization for an acute 58,433
condition, visits with relatives and friends, and participation 58,434
in therapeutic programs outside the facility, when the resident's 58,435
plan of care provides for such absence and federal participation 58,436
in the payments is available. The maximum period during which 58,437
payments may be made to reserve a bed shall not exceed the 58,438
maximum period specified under federal regulations, and shall not 58,439
be more than thirty days during any calendar year for hospital 58,440
stays, visits with relatives and friends, and participation in 58,441
therapeutic programs. Recipients who have been identified by the 58,442
department as requiring the level of care of an intermediate care 58,443
facility for the mentally retarded shall not be subject to a 58,444
maximum period during which payments may be made to reserve a bed 58,445
if prior authorization of the department is obtained for hospital 58,446
stays, visits with relatives and friends, and participation in 58,447
therapeutic programs. The department DIRECTOR OF JOB AND FAMILY 58,448
SERVICES shall adopt rules under division (B) of section 5111.02 58,450
of the Revised Code establishing conditions under which prior 58,451
authorization may be obtained.
Sec. 5111.34. There is hereby created the medicaid 58,460
long-term care reimbursement study council consisting of the 58,462
following twenty-two members:
(A) The director of human JOB AND FAMILY services; 58,464
(B) An employee assigned to the office of medicaid of the 58,466
department of human JOB AND FAMILY services, appointed by the 58,467
director of human JOB AND FAMILY services;
(C) The director of health; 58,469
(D) The director of aging; 58,471
(E) The director of mental retardation and developmental 58,473
disabilities; 58,474
1289
(F) The director of budget and management; 58,476
(G) The legislative budget officer; 58,478
(H) Two members of the house of representatives, appointed 58,480
by the speaker of the house of representatives; 58,481
(I) Two members of the senate, appointed by the president 58,483
of the senate; 58,484
(J) Three representatives of the public, one appointed by 58,486
the governor, one appointed by the speaker of the house of 58,487
representatives, and one appointed by the president of the 58,488
senate; 58,489
(K) Two representatives of each of the following 58,491
organizations, appointed by their respective governing bodies: 58,492
(1) The Ohio academy of nursing homes; 58,494
(2) The association of Ohio philanthropic homes and 58,496
housing for the aging; 58,497
(3) The Ohio health care association; 58,499
(4) The Ohio private residential association. 58,501
Initial appointments of members described in divisions (B), 58,503
(H), (I), (J), and (K) of this section shall be made no later 58,504
than thirty days after December 22, 1992. Vacancies in any of 58,505
those appointments shall be filled in the same manner as original 58,506
appointments. The members described in division (J) of this 58,507
section each shall serve a term of two years and may be 58,508
reappointed. The members described in divisions (B), (H), (I), 58,509
and (K) of this section shall serve at the pleasure of the 58,510
official or governing body appointing the member. The members 58,511
described in divisions (A), (C), (D), (E), (F), and (G) of this 58,512
section shall serve for as long as they hold the position that 58,513
qualifies them for membership on the council. The speaker of the 58,515
house of representatives and the president of the senate jointly 58,516
shall appoint the chairperson of the council. Members of the
council shall serve without compensation. 58,517
The council shall review, on an ongoing basis, the system 58,519
established by sections 5111.20 to 5111.32 of the Revised Code 58,520
1290
for reimbursing nursing facilities and intermediate care 58,521
facilities for the mentally retarded under the medical assistance 58,522
program. The council shall recommend any changes it determines 58,524
are necessary. The council periodically shall report its 58,525
activities, findings, and recommendations to the governor, the 58,526
speaker of the house of representatives, and the president of the 58,527
senate.
Sec. 5111.341. No later than July 1, 1994, and no later 58,536
than the first day of July of each year thereafter, the 58,538
department of human JOB AND FAMILY services shall report to the 58,539
speaker of the house of representatives and the president of the 58,541
senate on any necessary refinements to the case-mix system for 58,542
reimbursing direct care costs under section 5111.23 of the 58,544
Revised Code, including the resident assessment instruments 58,546
specified in rules adopted under section 5111.231 of the Revised 58,548
Code. In preparing the report each year, the department shall 58,549
consult with and consider the comments of representatives of 58,550
nursing facilities, intermediate care facilities for the mentally 58,552
retarded, and other interested parties. 58,553
Sec. 5111.35. As used in this section "a resident's 58,562
rights" means the rights of a nursing facility resident under 58,563
sections 3721.10 to 3721.17 of the Revised Code and subsection 58,564
(c) of section 1819 or 1919 of the "Social Security Act," 49 58,565
Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and regulations 58,566
issued under those subsections. 58,567
As used in sections 5111.35 to 5111.62 of the Revised Code: 58,569
(A) "Certification requirements" means the requirements 58,571
for nursing facilities established under sections 1819 and 1919 58,572
of the "Social Security Act." 58,573
(B) "Compliance" means substantially meeting all 58,575
applicable certification requirements. 58,576
(C) "Contracting agency" means a state agency that has 58,578
entered into a contract with the department of human JOB AND 58,579
FAMILY services under section 5111.38 of the Revised Code. 58,580
1291
(D)(1) "Deficiency" means a finding cited by the 58,582
department of health during a survey, on the basis of one or more 58,583
actions, practices, situations, or incidents occurring at a 58,584
nursing facility, that constitutes a severity level three 58,585
finding, severity level four finding, scope level three finding, 58,586
or scope level four finding. Whenever the finding is a repeat 58,587
finding, "deficiency" also includes any finding that is a 58,588
severity level two and scope level one finding, a severity level 58,589
two and scope level two finding, or a severity level one and 58,590
scope level two finding. 58,591
(2) "Cluster of deficiencies" means deficiencies that 58,593
result from noncompliance with two or more certification 58,594
requirements and are causing or resulting from the same action, 58,595
practice, situation, or incident. 58,596
(E) "Emergency" means either of the following: 58,598
(1) A deficiency or cluster of deficiencies that creates a 58,600
condition of immediate jeopardy; 58,601
(2) An unexpected situation or sudden occurrence of a 58,603
serious or urgent nature that creates a substantial likelihood 58,604
that one or more residents of a nursing facility may be seriously 58,605
harmed if allowed to remain in the facility, including the 58,606
following: 58,607
(a) A flood or other natural disaster, civil disaster, or 58,609
similar event; 58,610
(b) A labor strike that suddenly causes the number of 58,612
staff members in a nursing facility to be below that necessary 58,613
for resident care. 58,614
(F) "Finding" means a finding of noncompliance with 58,616
certification requirements determined by the department of health 58,617
under section 5111.41 of the Revised Code. 58,618
(G) "Immediate jeopardy" means that one or more residents 58,620
of a nursing facility are in imminent danger of serious physical 58,621
or life-threatening harm. 58,622
(H) "Medicaid eligible resident" means a person who is a 58,624
1292
resident of a nursing facility, or is applying for admission to a 58,625
nursing facility, and is eligible to receive financial assistance 58,626
under the medical assistance program for the care he THE PERSON 58,627
receives in such a facility. 58,628
(I) "Noncompliance" means failure to substantially meet 58,630
all applicable certification requirements. 58,631
(J) "Nursing facility" has the same meaning as in section 58,633
5111.20 of the Revised Code. 58,634
(K) "Provider" means a person, institution, or entity that 58,636
furnishes nursing facility services under a medical assistance 58,637
program provider agreement. 58,638
(L) "Repeat finding" or "repeat deficiency" means a 58,640
finding or deficiency cited pursuant to a survey, to which both 58,641
of the following apply: 58,642
(1) The finding or deficiency involves noncompliance with 58,644
the same certification requirement, and the same kind of actions, 58,645
practices, situations, or incidents caused by or resulting from 58,646
the noncompliance, as were cited in the immediately preceding 58,647
standard survey or another survey conducted subsequent to the 58,648
immediately preceding standard survey of the facility. For 58,649
purposes of this division, actions, practices, situations, or 58,650
incidents may be of the same kind even though they involve 58,651
different residents, staff, or parts of the facility. 58,652
(2) The finding or deficiency is cited subsequent to a 58,654
determination by the department of health that the finding or 58,655
deficiency cited on the immediately preceding standard survey, or 58,656
another survey conducted subsequent to the immediately preceding 58,657
standard survey, had been corrected. 58,658
(M)(1) "Scope level one finding" means a finding of 58,660
noncompliance by a nursing facility in which the actions, 58,661
situations, practices, or incidents causing or resulting from the 58,662
noncompliance affect one or a very limited number of facility 58,663
residents and involve one or a very limited number of facility 58,664
staff members. 58,665
1293
(2) "Scope level two finding" means a finding of 58,667
noncompliance by a nursing facility in which the actions, 58,668
situations, practices, or incidents causing or resulting from the 58,669
noncompliance affect more than a limited number of facility 58,670
residents or involve more than a limited number of facility staff 58,671
members, but the number or percentage of facility residents 58,672
affected or staff members involved and the number or frequency of 58,673
the actions, situations, practices, or incidents in short 58,674
succession does not establish any reasonable degree of 58,675
predictability of similar actions, situations, practices, or 58,676
incidents occurring in the future. 58,677
(3) "Scope level three finding" means a finding of 58,679
noncompliance by a nursing facility in which the actions, 58,680
situations, practices, or incidents causing or resulting from the 58,681
noncompliance affect more than a limited number of facility 58,682
residents or involve more than a limited number of facility staff 58,683
members, and the number or percentage of facility residents 58,684
affected or staff members involved or the number or frequency of 58,685
the actions, situations, practices, or incidents in short 58,686
succession establishes a reasonable degree of predictability of 58,687
similar actions, situations, practices, or incidents occurring in 58,688
the future. 58,689
(4) "Scope level four finding" means a finding of 58,691
noncompliance by a nursing facility causing or resulting from 58,692
actions, situations, practices, or incidents that involve a 58,693
sufficient number or percentage of facility residents or staff 58,694
members or occur with sufficient regularity over time that the 58,695
noncompliance can be considered systemic or pervasive in the 58,696
facility. 58,697
(N)(1) "Severity level one finding" means a finding of 58,699
noncompliance by a nursing facility that has not caused and, if 58,700
continued, is unlikely to cause physical harm to a facility 58,701
resident, mental or emotional harm to a resident, or a violation 58,702
of a resident's rights that results in physical, mental, or 58,703
1294
emotional harm to the resident. 58,704
(2) "Severity level two finding" means a finding of 58,706
noncompliance by a nursing facility that, if continued over time, 58,707
will cause, or is likely to cause, physical harm to a facility 58,708
resident, mental or emotional harm to a resident, or a violation 58,709
of a resident's rights that results in physical, mental, or 58,710
emotional harm to the resident. 58,711
(3) "Severity level three finding" means a finding of 58,713
noncompliance by a nursing facility that has caused physical harm 58,714
to a facility resident, mental or emotional harm to a resident, 58,715
or a violation of a resident's rights that results in physical, 58,716
mental, or emotional harm to the resident. 58,717
(4) "Severity level four finding" means a finding of 58,719
noncompliance by a nursing facility that has caused 58,720
life-threatening harm to a facility resident or caused a 58,721
resident's death. 58,722
(O) "State agency" has the same meaning as in section 1.60 58,724
of the Revised Code. 58,725
(P) "Substandard care" means care furnished in a facility 58,727
in which the department of health has cited a deficiency or 58,728
deficiencies that constitute one of the following: 58,729
(1) A severity level four finding, regardless of scope; 58,731
(2) A severity level three and scope level four finding, 58,733
in the quality of care provided to residents; 58,734
(3) A severity level three and scope level three finding, 58,736
in the quality of care provided to residents. 58,737
(Q)(1) "Survey" means a survey of a nursing facility 58,739
conducted under section 5111.39 of the Revised Code. 58,740
(2) "Standard survey" means a survey conducted by the 58,742
department of health under division (A) of section 5111.39 of the 58,743
Revised Code and includes an extended survey. 58,744
(3) "Follow-up survey" means a survey conducted by the 58,746
department of health to determine whether a nursing facility has 58,747
substantially corrected deficiencies cited in a previous survey. 58,748
1295
Sec. 5111.36. The department DIRECTOR of human JOB AND 58,758
FAMILY services may adopt rules under Chapter 119. of the Revised 58,759
Code that are consistent with regulations, guidelines, and 58,760
procedures issued by the United States secretary of health and 58,761
human services under sections 1819 and 1919 of the "Social 58,762
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, 58,763
and necessary for administration and enforcement of sections 58,764
5111.35 to 5111.62 of the Revised Code. If the secretary does not 58,765
issue appropriate regulations for enforcement of sections 1819 58,766
and 1919 of the "Social Security Act" on or before the effective 58,767
date of this section DECEMBER 13, 1990, the department DIRECTOR 58,769
of human JOB AND FAMILY services may adopt, under Chapter 119. of 58,770
the Revised Code, rules that are consistent with those sections 58,771
and with sections 5111.35 to 5111.62 of the Revised Code. 58,772
Sec. 5111.37. The department of human JOB AND FAMILY 58,781
services is hereby authorized to enforce sections 5111.35 to 58,783
5111.62 of the Revised Code. The department may enforce the 58,784
sections directly or through contracting agencies. The 58,785
department and agencies shall enforce the sections in accordance 58,786
with the requirements of sections 1819 and 1919 of the "Social 58,787
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, 58,788
that apply to nursing facilities; with regulations, guidelines, 58,789
and procedures adopted by the United States secretary of health 58,790
and human services for the enforcement of sections 1819 and 1919 58,791
of the "Social Security Act"; and with the rules adopted under 58,792
section 5111.36 of the Revised Code. The department and agencies 58,793
shall enforce sections 5111.35 to 5111.62 of the Revised Code for 58,794
purposes of the medicare program, Title XVIII of the "Social 58,795
Security Act," only to the extent prescribed by the regulations, 58,796
guidelines, and procedures issued by the secretary under section 58,797
1819 of that act. 58,798
Sec. 5111.38. The department of human JOB AND FAMILY 58,807
services may enter into contracts with other state agencies that 58,809
authorize the agencies to perform all or part of the duties 58,811
1296
assigned to the department of human JOB AND FAMILY services under
sections 5111.35 to 5111.62 of the Revised Code. Each contract 58,813
shall specify the duties the agency is authorized to perform and 58,815
the sections of the Revised Code under which the agency is 58,817
authorized to perform those duties.
Sec. 5111.41. (A) Except as provided in section 3721.17 58,826
of the Revised Code, a finding shall be cited only on the basis 58,827
of a survey and a determination that one or more actions, 58,828
practices, situations, or incidents at a nursing facility caused 58,829
or resulted from the facility's failure to comply with one or 58,830
more certification requirements. The department of health shall 58,831
determine whether the actions, practices, situations, or 58,832
incidents can be justified by either of the following: 58,833
(1) The actions, practices, situations, or incidents 58,835
resulted from a resident exercising his THE RESIDENT'S rights 58,836
guaranteed under the laws of the United States or of this state; 58,837
(2) The actions, practices, situations, or incidents 58,839
resulted from a facility following the orders of a person 58,840
licensed under Chapter 4731. of the Revised Code to practice 58,841
medicine or surgery or osteopathic medicine and surgery. 58,842
(B) If the department of health determines both that the 58,844
actions, practices, situations, or incidents cannot be justified 58,845
by the factors identified in division (A) of this section and 58,846
that one or more of the following are applicable, the department 58,847
shall declare that the actions, practices, situations, or 58,848
incidents constitute a finding: 58,849
(1) The actions, practices, situations, or incidents could 58,851
have been prevented by one or more persons involved in the 58,852
facility's operation; 58,853
(2) No person involved in the facility's operation 58,855
identified the actions, practices, situations, or incidents prior 58,856
to the survey; 58,857
(3) Prior to the survey, no person involved in the 58,859
facility's operation initiated action to correct the 58,860
1297
noncompliance caused by or resulting in the actions, practices, 58,861
situations, or incidents; 58,862
(4) The facility does not have in effect, if needed, a 58,864
contingency plan that is reasonably calculated to prevent 58,865
physical, mental, or emotional harm to residents while permanent 58,866
corrective action is being taken. 58,867
(C) The department of health shall determine the severity 58,869
level and scope level of each finding. 58,870
(D) A deficiency that is substantially corrected within 58,872
the time limits specified in sections 5111.52 to 5111.56 of the 58,873
Revised Code and for which no remedy is imposed, shall be counted 58,874
as a deficiency for the purpose of determining whether a 58,875
deficiency is a repeat deficiency. 58,876
(E) Whenever the department of health determines that 58,878
during the period between two surveys a finding existed at the 58,879
facility, but the facility substantially corrected it prior to 58,880
the second survey, the department shall cite it. However, the 58,881
department of human JOB AND FAMILY services or a contracting 58,882
agency shall impose a remedy only as provided in division (C) of 58,883
section 5111.46 of the Revised Code. 58,884
(F) Immediately upon determining the severity and scope of 58,886
a finding at a nursing facility, the department of health shall 58,887
notify the department of human JOB AND FAMILY services and any 58,888
contracting agency of the finding, the severity and scope of the 58,889
finding, and whether the finding creates immediate jeopardy. 58,890
Immediately upon determining that an emergency exists at a 58,891
facility that does not result from a deficiency that creates 58,892
immediate jeopardy, the department of health shall notify the 58,893
department of human JOB AND FAMILY services and any contracting
agency.
Sec. 5111.42. (A) Not later than ten days after an exit 58,902
interview, the department of health shall deliver to the nursing 58,903
facility a detailed statement, titled a statement of 58,904
deficiencies, setting forth all findings and deficiencies cited 58,905
1298
on the basis of the survey, including any finding cited pursuant 58,906
to division (E) of section 5111.41 of the Revised Code. The 58,907
statement shall indicate the severity and scope level of each 58,908
finding and fully describe the incidents or other facts that form 58,909
the basis of the department's determination of the existence of 58,910
each finding and deficiency. A failure by the survey team to 58,911
completely disclose in the exit interview every finding that may 58,912
result from the survey does not affect the validity of any 58,913
finding or deficiency cited in the statement of deficiencies. On 58,914
request of the facility, the department shall provide a copy of 58,915
any written worksheet or other document produced by the survey 58,916
team in making recommendations regarding scope and severity 58,917
levels of findings and deficiencies. 58,918
(B) At the same time the department of health delivers a 58,920
statement of deficiencies, it also shall deliver to the facility 58,921
a separate written notice that states all of the following: 58,922
(1) That the department of human JOB AND FAMILY services 58,924
or a contracting agency will issue an order under section 5111.57 58,925
of the Revised Code denying payment for any medicaid eligible 58,926
residents admitted on and after the effective date of the order 58,927
if the facility does not substantially correct, within ninety 58,928
days after the exit interview, the deficiency or deficiencies 58,929
cited in the statement of deficiencies in accordance with the 58,930
plan of correction it submitted under section 5111.43 of the 58,931
Revised Code;
(2) If a condition of substandard care has been cited on 58,933
the basis of a standard survey and a condition of substandard 58,934
care was also cited on the immediately preceding standard survey, 58,935
that the department of human JOB AND FAMILY services or a 58,936
contracting agency will issue an order under section 5111.57 of 58,937
the Revised Code denying payment for any medicaid eligible 58,938
residents admitted on and after the effective date of the order 58,939
if a condition of substandard care is cited on the basis of the 58,940
next standard survey; 58,941
1299
(3) That the department of human JOB AND FAMILY services 58,943
or a contracting agency will issue an order under section 5111.58 58,944
of the Revised Code terminating the facility's participation in 58,945
the medical assistance program if either of the following 58,946
applies:
(a) The facility does not substantially correct the 58,948
deficiency or deficiencies in accordance with the plan of 58,949
correction it submitted under section 5111.43 of the Revised Code 58,950
within six months after the exit interview. 58,951
(b) The facility substantially corrects the deficiency or 58,953
deficiencies within the six-month period, but after correcting 58,954
it, the department of health, based on a follow-up survey 58,955
conducted during the remainder of the six-month period, 58,956
determines that the facility has failed to maintain compliance 58,957
with certification requirements. 58,958
Sec. 5111.45. (A) If the department of health cites a 58,967
deficiency or deficiencies that was not substantially corrected 58,968
before a survey and that does not constitute a severity level 58,969
four finding or create immediate jeopardy, the department of 58,970
human JOB AND FAMILY services or a contracting agency shall
permit the nursing facility to continue participating in the 58,971
medical assistance program for up to six months after the exit 58,972
interview, if all of the following apply: 58,973
(1) The facility meets the requirements, established in 58,975
regulations issued by the United States secretary of health and 58,976
human services under Title XIX of the "Social Security Act," 49
Stat. 620 (1935), 42 U.S.C.A. 301, as amended, for certification 58,977
of nursing facilities that have a deficiency. 58,978
(2) The department of health has approved a plan of 58,980
correction submitted by the facility under section 5111.43 of the 58,981
Revised Code for each deficiency. 58,982
(3) The provider agrees to repay the department of human 58,984
JOB AND FAMILY services, in accordance with section 5111.58 of
the Revised Code, the federal share of all payments made by the 58,985
1300
department to the facility during the six-month period following 58,986
the exit interview if the facility does not within the six-month 58,987
period substantially correct the deficiency or deficiencies in 58,988
accordance with the plan of correction submitted under section 58,989
5111.43 of the Revised Code. 58,990
(B) If any of the conditions in divisions (A)(1) to (3) of 58,992
this section do not apply, the department of human JOB AND FAMILY 58,993
services or contracting agency shall issue an order terminating 58,994
the facility's participation in the medical assistance program. 58,995
An order issued under this division is subject to appeal under 58,996
Chapter 119. of the Revised Code. The order shall not take 58,997
effect prior to the later of the thirtieth day after it is 58,998
delivered to the facility or, if the order is appealed, the date 58,999
on which a final adjudication order upholding the termination 59,000
becomes effective pursuant to Chapter 119. of the Revised Code. 59,001
(C) At the time the department of human JOB AND FAMILY 59,003
services or contracting agency issues an order under division (B) 59,004
of this section terminating a nursing facility's participation in 59,005
the medical assistance program, it may also impose, subject to 59,006
section 5111.50 of the Revised Code, other remedies under 59,007
sections 5111.46 to 5111.48 of the Revised Code. 59,008
Sec. 5111.46. (A) If the department of health cites a 59,017
deficiency, or cluster of deficiencies, that was not 59,018
substantially corrected before a survey and constitutes a 59,019
severity level four finding, the department of human JOB AND 59,020
FAMILY services or contracting agency shall, subject to sections 59,021
5111.52 to 5111.56 of the Revised Code, impose a remedy for the 59,022
deficiency or cluster of deficiencies. The department or agency 59,023
may act under either division (A)(1) or (2) of this section: 59,024
(1) The department or agency may impose one or more of the 59,026
following remedies: 59,027
(a) Issue an order terminating the nursing facility's 59,029
participation in the medical assistance program. 59,030
(b) Do either of the following: 59,032
1301
(i) Regardless of whether the provider consents, appoint a 59,034
temporary manager of the facility. 59,035
(ii) Apply to the common pleas court of the county in 59,037
which the facility is located for such injunctive or other 59,038
equitable relief as is necessary for the appointment of a special 59,039
master with such powers and authority over the facility and 59,040
length of appointment as the court considers necessary. 59,041
(c) Do either of the following: 59,043
(i) Issue an order denying payment to the facility under 59,045
the medical assistance program for all medicaid eligible 59,046
residents admitted after the effective date of the order; 59,047
(ii) Impose a fine. 59,049
(d) Issue an order denying payment to the facility under 59,051
the medical assistance program for medicaid eligible residents 59,052
admitted after the effective date of the order who have certain 59,053
diagnoses or special care needs specified by the department or 59,054
agency. 59,055
(2) The department or agency may impose one or more of the 59,057
following remedies: 59,058
(a) Appoint, subject to the continuing consent of the 59,060
provider, a temporary manager of the facility; 59,061
(b) Do either of the following: 59,063
(i) Regardless of whether the provider consents, appoint a 59,065
temporary manager of the facility; 59,066
(ii) Apply to the common pleas court of the county in 59,068
which the facility is located for such injunctive or other 59,069
equitable relief as is necessary for the appointment of a special 59,070
master with such powers and authority over the facility and 59,071
length of appointment as the court considers necessary. 59,072
(c) Do either of the following: 59,074
(i) Issue an order denying payment to the facility under 59,076
the medical assistance program for all medicaid eligible 59,077
residents admitted after the effective date of the order; 59,078
(ii) Impose a fine. 59,080
1302
(d) Issue an order denying payment to the facility under 59,082
the medical assistance program for medicaid eligible residents 59,083
admitted after the effective date of the order who have certain 59,084
diagnoses or special care needs specified by the department or 59,085
agency; 59,086
(e) Issue an order requiring the facility to correct the 59,088
deficiency or cluster of deficiencies under the plan of 59,089
correction submitted by the facility and approved by the 59,090
department of health under section 5111.43 of the Revised Code. 59,091
(B) The department of human JOB AND FAMILY services or 59,093
contracting agency shall deliver a written order issued under 59,094
division (A)(1) of this section terminating a nursing facility's 59,095
participation in the medical assistance program to the facility 59,096
within five days after the exit interview. If the facility 59,097
alleges, at any time prior to the later of the twentieth day 59,098
after the exit interview or the fifteenth day after it receives 59,099
the order, that the deficiency or cluster of deficiencies for 59,100
which the order was issued has been substantially corrected, the 59,101
department of health shall conduct a follow-up survey to 59,102
determine whether the deficiency or cluster of deficiencies has 59,103
been substantially corrected. The order shall take effect and 59,104
the facility's participation shall terminate on the twentieth day 59,105
after the exit interview, unless the facility has substantially 59,106
corrected the deficiency or cluster of deficiencies that 59,107
constituted a severity level four finding or did not receive 59,108
notice from the department of human JOB AND FAMILY services or
contracting agency within five days after the exit interview. In 59,109
the latter case, the order shall take effect and the facility's 59,110
participation shall terminate on the fifteenth day after the 59,111
facility received the order.
(C) If the department of health cites a deficiency or 59,113
cluster of deficiencies pursuant to division (E) of section 59,114
5111.41 of the Revised Code that constituted a severity level 59,115
four finding, the department of human JOB AND FAMILY services or 59,116
1303
a contracting agency shall, subject to section 5111.56 of the 59,117
Revised Code, impose a fine. The fine shall be in effect for a 59,118
period equal to the number of days the deficiency or cluster of 59,119
deficiencies existed at the facility. 59,120
Sec. 5111.47. If the department of health cites a 59,129
deficiency, or cluster of deficiencies, that was not 59,130
substantially corrected before a survey and constitutes a 59,131
severity level three and scope level three or four finding, the 59,132
department of human JOB AND FAMILY services or a contracting 59,133
agency may, subject to sections 5111.55 and 5111.56 of the 59,134
Revised Code, impose one or more of the following remedies: 59,135
(A) Do either of the following: 59,137
(1) Issue an order denying payment to the facility under 59,139
the medical assistance program for all medicaid eligible 59,140
residents admitted after the effective date of the order; 59,141
(2) Impose a fine. 59,143
(B) Issue an order denying payment to the facility under 59,145
the medical assistance program for medicaid eligible residents 59,146
admitted after the effective date of the order who have certain 59,147
diagnoses or special care needs specified by the department or 59,148
agency; 59,149
(C) Issue an order requiring the facility to correct the 59,151
deficiency or cluster of deficiencies under the plan of 59,152
correction submitted by the facility and approved by the 59,153
department of health under section 5111.43 of the Revised Code. 59,154
Sec. 5111.48. (A) If the department of health cites a 59,163
deficiency, or cluster of deficiencies, that was not 59,164
substantially corrected before a survey and constitutes a 59,165
severity level three and scope level two finding, the department 59,166
of human JOB AND FAMILY services or a contracting agency may,
subject to sections 5111.55 and 5111.56 of the Revised Code, 59,167
impose one or more of the following remedies: 59,168
(1) Do either of the following: 59,170
(a) Issue an order denying payment to the facility under 59,172
1304
the medical assistance program for all medicaid eligible 59,173
residents admitted after the effective date of the order; 59,174
(b) Impose a fine. 59,176
(2) Issue an order denying payment to the facility under 59,178
the medical assistance program for medicaid eligible residents 59,179
admitted after the effective date of the order who have certain 59,180
diagnoses or special care needs specified by the department or 59,181
agency; 59,182
(3) Issue an order requiring the facility to correct the 59,184
deficiency or cluster of deficiencies under the plan of 59,185
correction proposed by the facility and approved by the 59,186
department of health under section 5111.43 of the Revised Code. 59,187
(B) If the department of health cites a deficiency, or 59,189
cluster of deficiencies, that was not substantially corrected 59,190
before a survey and constitutes a severity level three and scope 59,191
level one finding, the department of human JOB AND FAMILY 59,192
services or a contracting agency may, subject to sections 5111.55 59,193
and 5111.56 of the Revised Code, impose one or more of the 59,194
following remedies: 59,195
(1) Impose a fine; 59,197
(2) Issue an order denying payment to the facility under 59,199
the medical assistance program for medicaid eligible residents 59,200
admitted after the effective date of the order who have certain 59,201
diagnoses or special care needs specified by the department or 59,202
agency; 59,203
(3) Issue an order requiring the facility to correct the 59,205
deficiency or cluster of deficiencies under the plan of 59,206
correction proposed by the facility and approved by the 59,207
department of health under section 5111.43 of the Revised Code. 59,208
(C) If the department of health cites a deficiency, or 59,210
cluster of deficiencies, that was not substantially corrected 59,211
before a survey and constitutes a severity level two and a scope 59,212
level three or four finding, the department of human JOB AND 59,213
FAMILY services or a contracting agency may, subject to sections 59,214
1305
5111.55 and 5111.56 of the Revised Code, impose one or more of 59,215
the following remedies: 59,216
(1) Impose a fine; 59,218
(2) Issue an order denying payment to the facility under 59,220
the medical assistance program for medicaid eligible residents 59,221
admitted after the effective date of the order who have certain 59,222
diagnoses or special care needs specified by the department or 59,223
agency; 59,224
(3) Issue an order requiring the facility to correct the 59,226
deficiency or cluster of deficiencies under the plan of 59,227
correction submitted by the facility and approved by the 59,228
department of health under section 5111.43 of the Revised Code. 59,229
(D) If the department of health cites a deficiency, or 59,231
cluster of deficiencies, that was not substantially corrected 59,232
before a survey, constitutes a severity level two and scope level 59,233
one or two finding, and is a repeat finding, the department of 59,234
human JOB AND FAMILY services or a contracting agency may issue
an order requiring the facility to correct the deficiency or 59,235
cluster of deficiencies under the plan of correction submitted by 59,236
the facility and approved by the department of health under 59,237
section 5111.43 of the Revised Code. 59,238
(E) If the department of health cites a deficiency, or 59,240
cluster of deficiencies, that was not substantially corrected 59,241
before a survey and constitutes a severity level one and scope 59,242
level three or four finding, the department of human JOB AND 59,243
FAMILY services or a contracting agency may issue an order 59,244
requiring the facility to correct the deficiency or cluster of 59,245
deficiencies under the plan of correction submitted by the 59,246
facility and approved by the department of health under section 59,247
5111.43 of the Revised Code.
(F) If the department of health cites a deficiency, or 59,249
cluster of deficiencies, that was not substantially corrected 59,250
before a survey, constitutes a severity level one and scope level 59,251
two finding, and is a repeat finding, the department of human JOB 59,252
1306
AND FAMILY services or a contracting agency may issue an order
requiring the facility to correct the deficiency or cluster of 59,253
deficiencies under the plan of correction submitted by the 59,254
facility and approved by the department of health under section 59,255
5111.43 of the Revised Code. 59,256
Sec. 5111.49. (A) In determining which remedies to impose 59,265
under section 5111.46, 5111.47, or 5111.48 of the Revised Code, 59,266
including whether a fine should be imposed, the department of 59,267
human JOB AND FAMILY services or a contracting agency shall do
both of the following: 59,268
(1) Impose the remedies that are most likely to achieve 59,270
correction of deficiencies, encourage sustained compliance with 59,271
certification requirements, and protect the health, safety, and 59,272
rights of facility residents, but that are not directed at 59,273
punishment of the facility; 59,274
(2) Consider all of the following: 59,276
(a) The presence or absence of immediate jeopardy; 59,278
(b) The relationships of groups of deficiencies to each 59,280
other; 59,281
(c) The facility's history of compliance with 59,283
certification requirements generally and in the specific area of 59,284
the deficiency or deficiencies; 59,285
(d) Whether the deficiency or deficiencies are directly 59,287
related to resident care; 59,288
(e) The corrective, long-term compliance, resident 59,290
protective, and nonpunitive outcomes sought by the department or 59,291
agency; 59,292
(f) The nature, scope, and duration of the noncompliance 59,294
with certification requirements; 59,295
(g) The existence of repeat deficiencies; 59,297
(h) The category of certification requirements with which 59,299
the facility is out of compliance; 59,300
(i) Any period of noncompliance with certification 59,302
requirements that occurred between two certifications by the 59,303
1307
department of health that the facility was in compliance with 59,304
certification requirements; 59,305
(j) The facility's degree of culpability; 59,307
(k) The accuracy, extent, and availability of facility 59,309
records; 59,310
(l) The facility's financial condition, exclusive of any 59,312
moneys donated to a facility that is an organization described in 59,313
subsection 501(c)(3) and is tax exempt under subsection 501(a) of 59,314
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 59,315
1; 59,316
(m) Any adverse effect that the action or fine would have 59,318
on the health and safety of facility residents; 59,319
(n) If the noncompliance that resulted in the citation of 59,321
a deficiency or cluster of deficiencies existed before a change 59,322
in ownership of the facility, whether the new owner or owners 59,323
have had sufficient time to correct the noncompliance. 59,324
(B) Whenever the department or agency imposes remedies 59,326
under section 5111.46, 5111.47, or 5111.48 of the Revised Code, 59,327
it shall provide a written statement to the nursing facility that 59,328
specifies all of the following: 59,329
(1) The effective date of each remedy; 59,331
(2) The deficiency or cluster of deficiencies for which 59,333
each remedy is imposed; 59,334
(3) The severity and scope of the deficiency or cluster of 59,336
deficiencies; 59,337
(4) The rationale, including all applicable factors 59,339
specified in division (A) of this section, for imposing the 59,340
remedies. 59,341
Sec. 5111.50. At the time the department of human JOB AND 59,350
FAMILY services or a contracting agency, under section 5111.45, 59,352
5111.46, or 5111.51 of the Revised Code, issues an order 59,354
terminating a nursing facility's participation in the medical 59,355
assistance program, the department or agency may also impose a 59,356
fine, in accordance with sections 5111.46 to 5111.48 and 5111.56 59,358
1308
of the Revised Code, to be collected in the event the termination 59,360
order does not take effect. The department or agency shall not 59,362
collect this fine if the termination order takes effect. 59,364
Sec. 5111.51. (A) If the department of health finds 59,373
during a survey that an emergency exists at a nursing facility, 59,374
as the result of a deficiency or cluster of deficiencies that 59,375
creates immediate jeopardy, the department of human JOB AND 59,376
FAMILY services or a contracting agency shall impose one or more 59,377
of the remedies described in division (A)(1) of this section and, 59,378
in addition, may take one or both of the actions described in 59,379
division (A)(2) of this section. 59,380
(1) The department or agency shall impose one or more of 59,382
the following remedies: 59,383
(a) Appoint, subject to the continuing consent of the 59,385
provider, a temporary manager of the facility; 59,386
(b) Apply to the common pleas court of the county in which 59,388
the facility is located for a temporary restraining order, 59,389
preliminary injunction, or such other injunctive or equitable 59,390
relief as is necessary to close the facility, transfer one or 59,391
more residents to other nursing facilities or other appropriate 59,392
care settings, or otherwise eliminate the condition of immediate 59,393
jeopardy. If the court grants such an order, injunction, or 59,394
relief, it may appoint a special master empowered to implement 59,395
the court's judgment under the court's direct supervision. 59,396
(c) Issue an order terminating the facility's 59,398
participation in the medical assistance program; 59,399
(d) Regardless of whether the provider consents, appoint a 59,401
temporary manager of the facility. 59,402
(2) The department or agency may do one or both of the 59,404
following: 59,405
(a) Issue an order denying payment to the facility for all 59,407
medicaid eligible residents admitted after the effective date of 59,408
the order; 59,409
(b) Impose remedies under sections 5111.46 to 5111.48 of 59,411
1309
the Revised Code appropriate to the severity and scope of the 59,412
deficiency or cluster of deficiencies, except that the department 59,413
or agency shall not impose a fine for the same deficiency for 59,414
which the department or agency has issued an order under division 59,415
(A)(2)(a) of this section. 59,416
(B) If the department of health, department of human JOB 59,418
AND FAMILY services, or a contracting agency finds on the basis
of a survey or other visit to the facility by representatives of 59,419
that department or agency that an emergency exists at a facility 59,420
that is not the result of a deficiency or cluster of deficiencies 59,421
that constitutes immediate jeopardy, the department of human JOB 59,422
AND FAMILY services or contracting agency may do either of the 59,423
following:
(1) Appoint, subject to the continuing consent of the 59,425
provider, a temporary manager of the facility; 59,426
(2) Apply to the common pleas court of the county in which 59,428
the facility is located for a temporary restraining order, 59,429
preliminary injunction, or such other injunctive or equitable 59,430
relief as is necessary to close the facility, transfer one or 59,431
more residents to other nursing facilities or other appropriate 59,432
care settings, or otherwise eliminate the emergency. If the 59,433
court grants such an order, injunction, or relief, it may appoint 59,434
a special master empowered to implement the court's judgment 59,435
under the court's direct supervision. 59,436
(C)(1) Prior to acting under division (A)(1)(b), (c), (d), 59,438
or (2), or (B)(2) of this section, the department of human JOB 59,439
AND FAMILY services or contracting agency shall give written
notice to the facility specifying all of the following: 59,440
(a) The nature of the emergency, including the nature of 59,442
any deficiency or deficiencies that caused the emergency; 59,443
(b) The nature of the action the department or agency 59,445
intends to take unless the department of health determines that 59,446
the facility, in the absence of state intervention, possesses the 59,447
capacity to eliminate the emergency; 59,448
1310
(c) The rationale for taking the action. 59,450
(2) If the department of health determines that the 59,452
facility does not possess the capacity to eliminate the emergency 59,453
in the absence of state intervention, the department of human JOB 59,454
AND FAMILY services or contracting agency may immediately take
action under division (A) or (B) of this section. If the 59,455
department of health determines that the facility possesses the 59,456
capacity to eliminate the emergency, the department of human JOB 59,457
AND FAMILY services or contracting agency shall direct the 59,458
facility to eliminate the emergency within five days after the 59,459
facility's receipt of the notice. At the end of the five-day 59,460
period, the department of health shall conduct a follow-up survey 59,461
that focuses on the emergency. If the department of health 59,462
determines that the facility has eliminated the emergency within 59,463
the time period, the department of human JOB AND FAMILY services
or contracting agency shall not act under division (A)(1)(b), 59,464
(c), (d), or (2)(a), or (B)(2) of this section. If the 59,465
department of health determines that the facility has failed to 59,466
eliminate the emergency within the five-day period, the
department of human JOB AND FAMILY services or contracting agency 59,467
shall take appropriate action under division (A)(1)(b), (c), (d), 59,468
or (2), or (B)(2) of this section. 59,469
(3) Until the written notice required by division (C)(1) 59,471
of this section is actually delivered, no action taken by the 59,472
department of human JOB AND FAMILY services or contracting agency 59,473
under division (A)(1)(b), (c), (d), or (2), or (B)(2) of this 59,474
section shall have any legal effect. In addition to the written 59,475
notice, the department of health survey team shall give oral 59,476
notice to the facility, at the time of the survey, concerning any 59,477
recommendations the survey team intends to make that could form 59,478
the basis of a determination that an emergency exists. 59,479
(D) The department of human JOB AND FAMILY services or 59,481
contracting agency shall deliver a written order issued under 59,482
division (A)(1) of this section terminating a nursing facility's 59,483
1311
participation in the medical assistance program to the facility 59,484
within five days after the exit interview. If the facility 59,485
alleges, at any time prior to the later of the twentieth day 59,486
after the exit interview or the fifteenth day after it receives 59,487
the order, that the condition of immediate jeopardy for which the 59,488
order was issued has been eliminated, the department of health 59,489
shall conduct a follow-up survey to determine whether the 59,490
immediate jeopardy has been eliminated. The order shall take 59,491
effect and the facility's participation shall terminate on the 59,492
twentieth day after the exit interview, unless the facility has 59,493
eliminated the immediate jeopardy or did not receive notice from 59,494
the department of human JOB AND FAMILY services or contracting
agency within five days after the exit interview. In the latter 59,495
case, the order shall take effect and the facility's 59,496
participation shall terminate on the fifteenth day after the 59,497
facility received the order.
(E) Any action taken by the department of human JOB AND 59,499
FAMILY services or a contracting agency under division (A)(1)(c), 59,500
(d), or (2)(a) of this section is subject to appeal under Chapter 59,501
119. of the Revised Code, except that the department or agency 59,502
may take such action prior to and during the pendency of any 59,503
proceeding under that chapter. No action taken by a facility 59,504
under division (C) of this section to eliminate an emergency 59,505
cited by the department of health shall be considered an 59,506
admission by the facility of the existence of an emergency. 59,507
Sec. 5111.52. (A) As used in this section: 59,516
(1) "Provider agreement" means a contract between the 59,518
department of human JOB AND FAMILY services and a nursing 59,519
facility for the provision of nursing facility services under the 59,520
medical assistance program. 59,521
(2) "Terminating" includes not renewing. 59,523
(B) A nursing facility's participation in the medical 59,525
assistance program shall be terminated under sections 5111.35 to 59,526
5111.62 of the Revised Code as follows: 59,527
1312
(1) If the department of human JOB AND FAMILY services is 59,529
terminating the facility's participation, it shall issue an order 59,530
terminating the facility's provider agreement. 59,531
(2) If the department of health, acting as a contracting 59,533
agency, is terminating the facility's participation, it shall 59,534
issue an order terminating certification of the facility's 59,535
compliance with certification requirements. When the department 59,536
of health terminates certification, the department of human JOB 59,537
AND FAMILY services shall terminate the facility's provider
agreement. The department of human JOB AND FAMILY services is 59,538
not required to provide an adjudication hearing when it 59,539
terminates a provider agreement following termination of 59,540
certification by the department of health. 59,541
(3) If a state agency other than the department of health, 59,543
acting as a contracting agency, is terminating the facility's 59,544
participation, it shall notify the department of human JOB AND 59,545
FAMILY services, and the department of human JOB AND FAMILY 59,546
services shall issue an order terminating the facility's provider 59,547
agreement. The contracting agency shall conduct any 59,548
administrative proceedings concerning the order. 59,549
(C) If the following conditions are met, the department of 59,551
human JOB AND FAMILY services may make medical assistance
payments to a nursing facility for a period not exceeding thirty 59,552
days after the effective date of termination under sections 59,553
5111.35 to 5111.62 of the Revised Code of the facility's 59,554
participation in the medical assistance program: 59,555
(1) The payments are for medicaid eligible residents 59,557
admitted to the facility prior to the effective date of the 59,558
termination; 59,559
(2) The provider is making reasonable efforts to transfer 59,561
medicaid eligible residents to other care settings. 59,562
The period during which payments may be made under this 59,564
division begins on the later of the effective date of the 59,565
termination or, if the facility has appealed a termination order, 59,566
1313
the date of issuance of the adjudication order upholding 59,567
termination. 59,568
Sec. 5111.53. (A) Whenever a nursing facility is closed 59,577
under sections 5111.35 to 5111.62 of the Revised Code, the 59,578
department of human JOB AND FAMILY services or contracting agency 59,579
shall arrange for the safe and orderly transfer of all residents, 59,580
including residents who are not medicaid eligible residents, to 59,581
other appropriate care settings. Whenever a facility's 59,582
participation in the medical assistance program is terminated 59,583
under sections 5111.35 to 5111.62 of the Revised Code, the 59,584
department or agency shall arrange for the safe and orderly 59,585
transfer of all medicaid eligible residents or, if the 59,586
termination results in the closure of the facility, of all 59,587
residents. The provider and all persons involved in the 59,588
facility's operation shall cooperate with and assist in the 59,589
transfer of residents.
(B) After a nursing facility's participation in the 59,591
medical assistance program is terminated under section 5111.45, 59,592
5111.46, 5111.51, or 5111.58 of the Revised Code, the department 59,593
of human JOB AND FAMILY services or contracting agency may
appoint a temporary manager subject to the continuing consent of 59,594
the provider, or may apply to the common pleas court of the 59,595
county in which the facility is located for such injunctive 59,596
relief as is necessary for the appointment of a special master, 59,597
to ensure the transfer of medicaid eligible residents to other 59,598
appropriate care settings and, if applicable, the orderly closure 59,599
of the facility.
Sec. 5111.54. (A) A temporary manager of a nursing 59,608
facility appointed by the department of human JOB AND FAMILY 59,609
services or a contracting agency under sections 5111.35 to 59,610
5111.62 of the Revised Code shall meet all of the following 59,611
qualifications:
(1) Be licensed as a nursing home administrator under 59,613
Chapter 4751. of the Revised Code; 59,614
1314
(2) Have demonstrated competence as a nursing home 59,616
administrator; 59,617
(3) Have had no disciplinary action taken against him THE 59,619
TEMPORARY MANAGER by any licensing board or professional society 59,620
in this state.
(B) The salary of a temporary manager or special master 59,622
appointed under sections 5111.35 to 5111.62 of the Revised Code 59,623
shall be paid by the facility and set by the department of human 59,624
JOB AND FAMILY services or contracting agency, in the case of a
temporary manager, or by the court, in the case of a special 59,625
master, at a rate not to exceed the maximum allowable 59,626
compensation for an administrator under the medical assistance 59,627
program. The extent to which this compensation is allowable 59,628
under the medical assistance program is subject to and limited by 59,629
this chapter and rules of the department. 59,630
Subject to division (C) of this section, any costs incurred 59,632
on behalf of a nursing facility by a temporary manager or special 59,633
master appointed under sections 5111.35 to 5111.62 of the Revised 59,634
Code shall be paid by the facility. The allowability of these 59,635
costs under the medical assistance program shall be subject to 59,636
and governed by this chapter and the rules of the department. 59,637
This division does not prohibit a facility from applying for or 59,638
receiving any waiver of cost ceilings available under rules of 59,639
the department. 59,640
(C) No temporary manager or special master appointed under 59,642
sections 5111.35 to 5111.62 of the Revised Code shall enter into 59,643
any employment contract on behalf of a facility, or purchase any 59,644
capital goods using facility funds totaling more than ten 59,645
thousand dollars, unless the temporary manager or special master 59,646
has obtained prior approval for the contract or purchase from 59,647
either the provider or the court. 59,648
(D)(1) A temporary manager appointed for a nursing 59,650
facility under section 5111.46 of the Revised Code is hereby 59,651
vested, subject to division (C) of this section, with the legal 59,652
1315
authority necessary to correct any deficiency or cluster of 59,653
deficiencies at a facility, bring the facility into compliance 59,654
with certification requirements, and otherwise ensure the health 59,655
and safety of the residents. 59,656
(2) A temporary manager appointed under section 5111.51 of 59,658
the Revised Code is hereby vested, subject to division (C) of 59,659
this section, with the authority necessary to eliminate the 59,660
emergency, bring the facility into compliance with certification 59,661
requirements, and otherwise ensure the health and safety of the 59,662
residents. 59,663
(3) A temporary manager appointed under section 5111.53 of 59,665
the Revised Code is hereby vested, subject to division (C) of 59,666
this section, with the authority necessary to ensure the transfer 59,667
of medicaid eligible residents to other appropriate care settings 59,668
and, if applicable, the orderly closure of the facility, and to 59,669
otherwise ensure the health and safety of the residents. 59,670
(E) Prior to acting under division (A)(1)(b) or (2)(b) of 59,672
section 5111.46 of the Revised Code to appoint a temporary 59,673
manager or apply for a special master, the department of human 59,674
JOB AND FAMILY services or contracting agency shall order the
facility to substantially correct the deficiency or deficiencies 59,675
within five days after receiving the statement and inform the 59,676
facility, in the statement it provides pursuant to division (B) 59,677
of section 5111.49 of the Revised Code, of the order and that it 59,678
will not take that action unless the facility fails to 59,679
substantially correct the deficiency or deficiencies within that 59,680
five-day period. At the end of the five-day period, the 59,681
department of health shall conduct a follow-up survey that 59,682
focuses on the deficiency or deficiencies. If the department of 59,683
health determines that the facility has substantially corrected 59,684
the deficiency or deficiencies within that time, the department 59,685
of human JOB AND FAMILY services or contracting agency shall not
appoint a temporary manager or apply for a special master. If 59,686
the department of health determines that the facility has failed 59,687
1316
to substantially correct the deficiency or deficiencies within 59,688
that time, the department of human JOB AND FAMILY services or 59,689
contracting agency may proceed with appointment of the temporary 59,690
manager or application for a special master. Until the statement 59,691
required under division (B) of section 5111.49 of the Revised 59,692
Code is actually delivered, no action taken by the department or 59,693
agency to appoint a temporary manager or apply for a temporary 59,694
manager under division (A)(1)(b) or (2)(b) of section 5111.46 of 59,695
the Revised Code shall have any legal effect. No action taken by 59,696
a facility under this division to substantially correct a 59,697
deficiency or deficiencies shall be considered an admission by 59,698
the facility of the existence of a deficiency or deficiencies. 59,699
(F) Appointment of a temporary manager under division 59,701
(A)(1)(b) or (2)(b) of section 5111.46 or division (A)(1)(d) of 59,702
section 5111.51 of the Revised Code shall expire at the end of 59,703
the seventh day following the appointment. If the department of 59,704
human JOB AND FAMILY services or contracting agency finds that
the deficiency or deficiencies that prompted the appointment 59,705
under division (A)(1)(b) or (2)(b) of section 5111.46 of the 59,706
Revised Code cannot be substantially corrected, or the condition 59,707
of immediate jeopardy that prompted the appointment under 59,708
division (A)(1)(d) of section 5111.51 of the Revised Code cannot 59,709
be eliminated, prior to the expiration of the appointment, it may 59,710
take one of the following actions: 59,711
(1) Appoint, subject to the continuing consent of the 59,713
provider, a temporary manager for the facility; 59,714
(2) Apply to the common pleas court of the county in which 59,716
the facility is located for an order appointing a special master 59,717
who, under the authority and direct supervision of the court and 59,718
subject to divisions (B) and (C) of this section, may take such 59,719
additional actions as are necessary to correct the deficiency or 59,720
deficiencies or eliminate the condition of immediate jeopardy and 59,721
bring the facility into compliance with certification 59,722
requirements. 59,723
1317
(G) The court, on finding that the deficiency or 59,725
deficiencies for which a special master was appointed under 59,726
division (F)(2) of this section or division (A)(1)(b) or (2)(b) 59,727
of section 5111.46 of the Revised Code has been substantially 59,728
corrected, or the emergency for which a special master was 59,729
appointed under division (F)(2) of this section or division 59,730
(A)(1)(b) or (B)(2) of section 5111.51 of the Revised Code has 59,731
been eliminated, that the facility has been brought into 59,732
compliance with certification requirements, and that the provider 59,733
has established the management capability to ensure continued 59,734
compliance with the certification requirements, shall immediately 59,735
terminate its jurisdiction over the facility and return control 59,736
and management of the facility to the provider. If the 59,737
deficiency or deficiencies cannot be substantially corrected, or 59,738
the emergency cannot be eliminated practicably within a 59,739
reasonable time following appointment of the special master, the 59,740
court may order the special master to close the facility and 59,741
transfer all residents to other nursing facilities or other 59,742
appropriate care settings. 59,743
Sec. 5111.55. (A) An order issued under section 5111.46, 59,752
5111.47, 5111.48, 5111.51, or 5111.57 of the Revised Code denying 59,753
payment to a nursing facility for all medicaid eligible residents 59,754
admitted after its effective date, or an order issued under 59,755
section 5111.46, 5111.47, or 5111.48 of the Revised Code denying 59,756
payment to a nursing facility for medicaid eligible residents 59,757
admitted after the effective date of the order who have specified 59,758
diagnoses or special care needs, shall also apply to individuals 59,759
admitted to the facility on and after the effective date of the 59,760
order who are not medicaid eligible residents but become medicaid 59,761
eligible residents after admission. Such an order shall not 59,762
apply to any of the following: 59,763
(1) An individual who was a medicaid eligible resident of 59,765
the facility on the day immediately preceding the effective date 59,766
of the order and continues to be a medicaid eligible resident on 59,767
1318
and after that date; 59,768
(2) An individual who was a resident of the facility on 59,770
the day immediately preceding the effective date of the order, 59,771
continues to be a resident on and after that date, and becomes 59,772
medicaid eligible on or after that date; 59,773
(3) An individual who was a medicaid eligible resident of 59,775
the facility prior to the effective date of the order, is 59,776
temporarily absent from the facility on that or a subsequent date 59,777
due to hospitalization or participation in therapeutic programs 59,778
outside the facility, and chooses to return to the facility; 59,779
(4) An individual who was a resident of the facility prior 59,781
to the effective date of the order, is temporarily absent from 59,782
the facility on that or a subsequent date due to hospitalization 59,783
or participation in therapeutic programs outside the facility, 59,784
becomes medicaid eligible on or after that date, and chooses to 59,785
return to the facility. 59,786
(B) An order issued under section 5111.46 of the Revised 59,788
Code denying payment to a nursing facility for all medicaid 59,789
eligible residents admitted after its effective date, or denying 59,790
payment to a facility for medicaid eligible residents admitted 59,791
after the effective date of the order who have specified 59,792
diagnoses or special care needs shall not take effect prior to 59,793
the fifth day after the order is delivered to the facility. Such 59,794
an order issued under section 5111.47 or 5111.48 of the Revised 59,795
Code shall not take effect prior to the twentieth day after it is 59,796
delivered to the facility. 59,797
(C) No nursing facility that has received an order under 59,799
section 5111.46, 5111.47, 5111.48, 5111.51, or 5111.57 of the 59,800
Revised Code denying payment for all new admissions of medicaid 59,801
eligible residents shall admit a medicaid eligible resident on or 59,802
after the effective date of the order, unless the resident is 59,803
described in division (A)(3) or (4) of this section, until the 59,804
order is terminated pursuant to this section. No nursing 59,805
facility that has received an order under section 5111.46, 59,806
1319
5111.47, or 5111.48 of the Revised Code denying payment to a 59,807
nursing facility for new admissions of medicaid eligible 59,808
residents with specified diagnoses or special care needs shall 59,809
admit such a resident on or after the effective date of the 59,810
order, unless the resident is described in division (A)(3) or (4) 59,811
of this section, until the order is terminated pursuant to this 59,812
section. 59,813
(D) In the case of an order imposed under division (B) of 59,815
section 5111.57 of the Revised Code, the department or agency 59,816
shall appoint monitors in accordance with section 5111.44 of the 59,817
Revised Code to conduct on-site monitoring. 59,818
(E)(1) A facility may give written notice to the 59,820
department of health whenever any of the following apply: 59,821
(a) With respect to an order denying payment issued under 59,823
section 5111.46, 5111.47, or 5111.48 of the Revised Code, either 59,824
of the following is the case: 59,825
(i) The facility has completed implementation of the plan 59,827
of correction it submitted under section 5111.43 of the Revised 59,828
Code and substantially corrected all deficiencies for which the 59,829
order was issued. 59,830
(ii) The facility has reduced the severity or scope of all 59,832
of the deficiencies to a level at which sections 5111.46 to 59,833
5111.48 of the Revised Code do not authorize the order. 59,834
(b) With respect to an order denying payment issued under 59,836
section 5111.51 of the Revised Code, the facility has eliminated 59,837
the immediate jeopardy. 59,838
(c) With respect to an order denying payment issued under 59,840
division (A) of section 5111.57 of the Revised Code, the facility 59,841
has completed implementation of the plan of correction it 59,842
submitted under section 5111.43 of the Revised Code and 59,843
substantially corrected all deficiencies for which the order was 59,844
issued. 59,845
(d) With respect to an order denying payment issued under 59,847
division (B) of section 5111.57 of the Revised Code, both of the 59,848
1320
following are the case: 59,849
(i) The facility has completed implementation of the plan 59,851
of correction it submitted under section 5111.43 of the Revised 59,852
Code and substantially corrected all deficiencies for which the 59,853
order was issued. 59,854
(ii) The facility is in compliance with certification 59,856
requirements and has provided adequate assurance that it will 59,857
remain in compliance with them. 59,858
(2) Within ten working days after it receives the notice 59,860
under division (E)(1) of this section, the department of health 59,861
shall conduct a follow-up survey that focuses on the cited 59,862
deficiency or deficiencies, unless the department is able to 59,863
determine, on the basis of documentation provided by the 59,864
facility, that the facility has completed the applicable action 59,865
described in divisions (E)(1)(a) to (d) of this section. If the 59,866
department of health makes that determination on the basis of the 59,867
documentation, the department of human JOB AND FAMILY services or 59,868
contracting agency shall terminate the order denying payment as 59,869
of the date the facility completed the applicable action, as 59,870
subsequently verified by the department of health. If the 59,871
department of health conducts a follow-up survey, the department 59,872
of human JOB AND FAMILY services or contracting agency shall
terminate the order denying payment as of the date the department 59,873
of health makes the determination that the facility completed the 59,874
applicable action.
(F) The department of human JOB AND FAMILY services or 59,876
contracting agency shall provide public notice implementing an 59,877
order under section 5111.46, 5111.47, 5111.48, 5111.51, or 59,878
5111.57 of the Revised Code denying payment to a nursing facility 59,879
under the medical assistance program for all medicaid eligible 59,880
residents by publishing in a newspaper of general circulation in 59,881
the county in which the facility is located an announcement 59,882
stating: "By order of the (Ohio Department of Human JOB AND 59,884
FAMILY Services or name of contracting agency), effective on and 59,885
1321
after (effective date of order), (name of facility) is no longer 59,886
authorized to admit Medicaid eligible residents." Immediately 59,887
following termination of any such order, the department or agency 59,888
shall publish in a newspaper of general circulation in the county 59,889
in which the facility is located an announcement stating: "By 59,890
order of the (Ohio Department of Human JOB AND FAMILY Services or 59,892
name of contracting agency), effective on and after (effective 59,893
date of termination), (name of facility) is hereby authorized to 59,894
admit Medicaid eligible residents." Neither the department nor 59,895
the contracting agency shall issue public notice of an order 59,896
under section 5111.46, 5111.47, or 5111.48 of the Revised Code 59,897
denying payment to a nursing facility for medicaid eligible 59,898
residents with specified diagnoses or special care needs; public 59,899
notice is not required for such an order to take effect. 59,900
(G) A facility that complies with division (E) of this 59,902
section shall not be considered to have admitted to the existence 59,903
of the deficiency that constitutes the basis of the department's 59,904
or agency's order. 59,905
Sec. 5111.56. (A) As used in this section, "certified 59,914
beds" means beds certified under Title XVIII or XIX of the 59,915
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as 59,916
amended. 59,917
(B) If the department of human JOB AND FAMILY services or 59,919
a contracting agency imposes a fine on a nursing facility under 59,920
section 5111.46, 5111.47, or 5111.48 of the Revised Code, it may 59,921
impose one or more of the following: 59,922
(1) One hundred sixty per cent of the amount calculated 59,924
under division (C) of this section for any deficiency or cluster 59,925
of deficiencies that constitutes a severity level four and scope 59,926
level four finding; 59,927
(2) One hundred forty per cent of the amount calculated 59,929
under division (C) of this section for any deficiency or cluster 59,930
of deficiencies that constitutes a severity level four and scope 59,931
level three finding; 59,932
1322
(3) One hundred twenty per cent of the amount calculated 59,934
under division (C) of this section for any deficiency or cluster 59,935
of deficiencies that constitutes a severity level four and scope 59,936
level two finding; 59,937
(4) The amount calculated under division (C) of this 59,939
section for any deficiency or cluster of deficiencies that 59,940
constitutes a severity level four and scope level one finding or 59,941
any deficiency or cluster of deficiencies that constitutes a 59,942
severity level three and scope level four finding; 59,943
(5) Ninety per cent of the amount calculated under 59,945
division (C) of this section for any deficiency or cluster of 59,946
deficiencies that constitutes a severity level three and scope 59,947
level three finding; 59,948
(6) Eighty per cent of the amount calculated under 59,950
division (C) of this section for any deficiency or cluster of 59,951
deficiencies that constitutes a severity level three and scope 59,952
level two finding; 59,953
(7) Seventy per cent of the amount calculated under 59,955
division (C) of this section for any deficiency or cluster of 59,956
deficiencies that constitutes a severity level three and scope 59,957
level one finding; 59,958
(8) Fifty per cent of the amount calculated under division 59,960
(C) of this section for any deficiency or cluster of deficiencies 59,961
that constitutes a severity level two and scope level four 59,962
finding; 59,963
(9) Forty per cent of the amount calculated under division 59,965
(C) of this section for any deficiency or cluster of deficiencies 59,966
that constitutes a severity level two and scope level three 59,967
finding. 59,968
(C) The amount subject to division (B) of this section 59,970
shall be the product of multiplying two dollars and fifty cents 59,971
for each day the fine is in effect by the total number of 59,972
licensed nursing home beds or certified beds, whichever is 59,973
greater, in the facility as of the date the deficiency or cluster 59,974
1323
of deficiencies that is the reason for the fine was cited. 59,975
(D)(1) The department of human JOB AND FAMILY services or 59,977
contracting agency shall not impose on a facility, at any one 59,978
time, more than four fines as a result of any one survey. 59,979
(2) The department of human JOB AND FAMILY services or 59,981
contracting agency shall not impose more than one fine based on a 59,982
deficiency or cluster of deficiencies. However, if the 59,983
department of health, in a follow-up or other subsequent survey, 59,984
finds a change in the scope or severity of the deficiency or 59,985
cluster of deficiencies, the department of human JOB AND FAMILY 59,986
services or contracting agency may increase or decrease the fine 59,987
in accordance with division (B) of this section to reflect the 59,988
change in scope or severity. The department or agency shall give 59,989
the facility written notice of the change in the amount of the 59,990
fine. The change shall take effect on the date the follow-up or 59,991
other subsequent survey is completed. 59,992
If the department of health finds that a deficiency is a 59,994
repeat deficiency, the department of human JOB AND FAMILY 59,995
services or contracting agency may impose a fine that is one 59,996
hundred per cent greater than the fine specified in division (B) 59,997
of this section for the deficiency. 59,998
(E) The total amount of fines the department of human JOB 60,000
AND FAMILY services or contracting agency may impose on a
facility in a single calendar year shall not exceed five hundred 60,001
dollars for each licensed nursing home bed or certified bed, 60,002
whichever is greater in number, in the facility. 60,003
(F)(1) Except as provided in division (F)(2) of this 60,005
section, the department of human JOB AND FAMILY services or 60,006
contracting agency shall not impose a fine under section 5111.46, 60,007
5111.47, or 5111.48 of the Revised Code if the deficiency or 60,008
cluster of deficiencies is substantially corrected within twenty 60,009
days after the nursing facility receives the statement provided 60,010
under division (B) of section 5111.49 of the Revised Code. The 60,011
department or agency shall inform the nursing facility in that 60,012
1324
statement that the fine will not be imposed if the deficiency or 60,013
cluster of deficiencies is substantially corrected within the 60,014
twenty-day period. 60,015
(2) If a nursing facility has substantially corrected a 60,017
deficiency or cluster of deficiencies within six months after the 60,018
exit interview of a survey that was the basis for citing a 60,019
deficiency or cluster of deficiencies, but after correcting it 60,020
has been cited for the same deficiency or cluster of deficiencies 60,021
by the department of health on the basis of a subsequent survey 60,022
conducted during the remainder of the six-month period, the 60,023
department of human JOB AND FAMILY services or contracting agency 60,024
may impose a fine beginning on the date of the exit interview of 60,025
the subsequent survey. 60,026
(G) Whenever a facility believes that it has completed 60,028
implementation of the plan of correction it submitted under 60,029
section 5111.43 of the Revised Code and substantially corrected 60,030
the cited deficiency or cluster of deficiencies that is the basis 60,031
for a fine, it may give written notice to that effect to the 60,032
department of health. After receiving the notice, the department 60,033
shall conduct a follow-up survey of the facility that focuses on 60,034
the deficiency or cluster, unless the department is able to 60,035
determine, on the basis of documentation provided by the 60,036
facility, that the facility has substantially corrected the 60,037
deficiency or cluster. If, based on the follow-up survey, the 60,038
department establishes that the facility had not completed 60,039
implementation of the plan of correction at the time the 60,040
department received the notice, any fine based on the deficiency 60,041
or cluster shall be doubled effective from the date the 60,042
department received the notice. A facility that complies with 60,043
this division shall not be considered to have admitted the 60,044
existence of the deficiency or cluster that is the basis for the 60,045
fine. 60,046
(H) Except for a fine imposed under division (C) of 60,048
section 5111.46 of the Revised Code and as provided in division 60,049
1325
(F)(2) of this section, the department of human JOB AND FAMILY 60,050
services or contracting agency shall impose a fine only if the 60,051
facility fails to give notice under division (G) of this section 60,052
within twenty days after it receives the statement required by 60,053
division (B) of section 5111.49 of the Revised Code or if the 60,054
department of health determines, based on a follow-up survey, 60,055
that the deficiency or cluster of deficiencies for which the fine 60,056
is proposed has not been substantially corrected within the 60,057
twenty-day period. The fine shall be imposed effective on the 60,058
twenty-first day after the facility receives the statement under 60,059
division (B) of section 5111.49 of the Revised Code. The fine 60,060
shall remain in effect until the earliest of the following: 60,061
(1) The date the department of health receives notice 60,063
under division (G) of this section, unless the department 60,064
determines, on the basis of a follow-up survey, that the 60,065
deficiency or cluster of deficiencies that is the basis for the 60,066
fine has not been substantially corrected as of that date; 60,067
(2) The date on which the department of health makes a 60,069
determination, on the basis of a follow-up survey, that the 60,070
deficiency or cluster of deficiencies has been substantially 60,071
corrected; 60,072
(3) The date the facility substantially corrected the 60,074
deficiency or cluster, as subsequently determined by the 60,075
department of health on the basis of documentation provided by 60,076
the facility. 60,077
(I) Any fine imposed by the department of human JOB AND 60,079
FAMILY services or contracting agency under this section is 60,080
subject to appeal under Chapter 119. of the Revised Code. If the 60,081
facility does not request a hearing under Chapter 119. of the 60,082
Revised Code and either pays or agrees in writing to pay the fine 60,083
when payment becomes due under division (J) of this section, the 60,084
department or agency shall reduce the fine by fifty per cent. 60,085
The department or agency may compromise any claim for payment of 60,086
a fine under sections 5111.35 to 5111.62 of the Revised Code. 60,087
1326
(J) The department of human JOB AND FAMILY services or 60,089
contracting agency shall collect interest on fines, at the rate 60,090
per calendar month that equals one-twelfth of the rate per year 60,091
prescribed by section 5703.47 of the Revised Code for the 60,092
calendar year that includes the month for which the interest 60,093
charge accrues. Payment of a fine is due, and interest begins to 60,094
accrue on the unpaid fine or balance, on the thirty-first day 60,095
after the department or agency issues a final adjudication order 60,096
imposing the fine. If the deficiency or deficiencies on which 60,097
the fine is based have not been corrected when the final 60,098
adjudication order is issued, the payment is due, and interest 60,099
begins to accrue on the unpaid fine or balance, on the 60,100
thirty-first day after the deficiency or deficiencies are 60,101
corrected and the department or agency mails a notice specifying 60,102
the amount of the fine to the facility. 60,103
(K) The department of human JOB AND FAMILY services or 60,105
contracting agency shall collect fines and interest imposed under 60,106
this section through one of the following means: 60,107
(1) A lump sum payment from the provider; 60,109
(2) Periodic payments for a period not to exceed twelve 60,111
months, in accordance with a schedule approved by the department 60,112
or agency; 60,113
(3) Appropriately reducing the amounts of payments made to 60,115
the facility for care provided to medicaid eligible residents for 60,116
a period not to exceed twelve months following the date on which 60,117
payment of the fine becomes due under division (J) of this 60,118
section. An amount equal to the amount by which each payment is 60,119
reduced shall be deposited to the credit of the residents 60,120
protection fund in accordance with section 5111.62 of the Revised 60,121
Code. 60,122
Sec. 5111.57. (A) The department of human JOB AND FAMILY 60,131
services or a contracting agency shall issue an order denying 60,133
payment to a nursing facility for all medicaid eligible residents 60,134
admitted to the facility on or after the effective date of the 60,135
1327
order, if the facility has failed to substantially correct within 60,136
ninety days after the exit interview a deficiency or cluster of 60,137
deficiencies in accordance with the plan of correction it 60,138
submitted under section 5111.43 of the Revised Code, as 60,139
determined by the department of health on the basis of a 60,140
follow-up survey.
(B) The department of human JOB AND FAMILY services or 60,142
contracting agency shall issue an order denying payment to a 60,143
nursing facility for all medicaid eligible residents admitted to 60,144
the facility on or after the effective date of the order, if 60,145
during three consecutive standard surveys conducted after the 60,146
effective date of this section DECEMBER 13, 1990, the department 60,148
of health has found a condition of substandard care in a 60,149
facility.
(C) An order issued under division (A) or (B) of this 60,151
section shall take effect on the later of the date the facility 60,152
receives the order or the date the public notice required under 60,153
division (F) of section 5111.55 of the Revised Code is published. 60,154
The order is subject to appeal under Chapter 119. of the Revised 60,155
Code; however the order may take effect prior to or during the 60,156
pendency of any hearing under that chapter. In that case, the 60,157
department or agency shall provide the facility an opportunity 60,158
for a hearing in accordance with section 5111.60 of the Revised 60,159
Code. 60,160
Sec. 5111.58. (A) If a nursing facility notifies the 60,169
department of human JOB AND FAMILY services or a contracting 60,170
agency, at any time during the six-month period following the 60,171
exit interview of a survey that was the basis for citing a 60,172
deficiency or deficiencies, that the deficiency or deficiencies 60,173
have been substantially corrected in accordance with the plan of 60,174
correction submitted and approved under section 5111.43 of the 60,175
Revised Code, the department of health shall conduct a follow-up 60,176
survey to determine whether the deficiency or deficiencies have 60,177
been substantially corrected in accordance with the plan. 60,178
1328
(B) The department of human JOB AND FAMILY services or a 60,180
contracting agency shall terminate a nursing facility's 60,181
participation in the medical assistance program whenever the 60,182
facility has not substantially corrected, within six months after 60,183
the exit interview of the survey on the basis of which it was 60,184
cited, a deficiency or deficiencies in accordance with the plan 60,185
of correction submitted under section 5111.43 of the Revised 60,186
Code, as determined by the department of health on the basis of a 60,187
follow-up survey. 60,188
(C) Unless the facility has substantially corrected the 60,190
deficiency or deficiencies in accordance with the plan of 60,191
correction, as determined by the department of health on the 60,192
basis of a follow-up survey, the department of human JOB AND 60,193
FAMILY services or contracting agency shall deliver to the 60,194
facility, at least thirty days prior to the day that is six 60,195
months after the exit interview, a written order terminating the 60,196
facility's participation in the medical assistance program. The 60,197
order shall take effect and the facility's participation shall 60,198
terminate on the day that is six months after the exit interview. 60,199
The order shall not take effect if, after it is delivered to the 60,200
facility and prior to the effective date of the order, the 60,201
department of health determines on the basis of a follow-up 60,202
survey that the facility has corrected the deficiency or 60,203
deficiencies.
An order issued under this section is subject to appeal 60,205
under Chapter 119. of the Revised Code; however, the order may 60,206
take effect prior to or during the pendency of any hearing under 60,207
that chapter. In that case, the department of human JOB AND 60,208
FAMILY services or contracting agency shall provide the facility 60,209
an opportunity for a hearing in accordance with section 5111.60 60,210
of the Revised Code.
(D) Except as provided in division (E) of this section, 60,212
whenever the department of human JOB AND FAMILY services or a 60,213
contracting agency terminates a facility's participation in the 60,214
1329
medical assistance program pursuant to this section, the provider 60,215
shall repay the department the federal share of all payments made 60,216
by the department to the facility under the medical assistance 60,217
program during the six-month period following the exit interview 60,218
of the survey that was the basis for citing the deficiency or 60,219
cluster of deficiencies. The provider shall repay the department 60,220
within thirty days after the department repays to the federal 60,221
government the federal share of payments made to the facility 60,222
during that six-month period. 60,223
(E) A provider is not required to repay the department of 60,225
human JOB AND FAMILY services if either of the following is the
case:
(1) The facility has brought an appeal under Chapter 119. 60,227
of the Revised Code of termination of its participation in the 60,228
medical assistance program, except that the provider shall repay 60,229
the department of human JOB AND FAMILY services within thirty 60,230
days after the facility exhausts its right to appeal under that 60,231
chapter.
(2) The facility complied with the plan of correction 60,233
approved by the department of health and the obligation to repay 60,234
resulted from the department's failure to provide timely 60,235
verification to the United States department of health and human 60,236
services of the facility's compliance with the plan of
correction. 60,237
(F) If a provider's obligation to repay the department of 60,239
human JOB AND FAMILY services under division (D) of this section
results from disallowance of federal financial participation by 60,240
the United States department of health and human services, the 60,241
provider shall not be required to repay the department of human 60,242
JOB AND FAMILY services until the federal disallowance becomes 60,243
final.
(G) Any fines paid under sections 5111.35 to 5111.62 of 60,245
the Revised Code during any period for which the facility is 60,246
required to repay the department of human JOB AND FAMILY services 60,247
1330
under division (D) of this section shall be offset against the 60,248
amount the provider is required to repay the department for that 60,249
period.
(H) Prior to a change of ownership of a facility for which 60,251
a provider has an obligation to repay the department of human JOB 60,252
AND FAMILY services under division (D) of this section that has
not become final, or has become final but not been paid, the 60,253
department may do one or more of the following: 60,254
(1) Require the provider to place money in escrow, or 60,256
obtain a bond, in sufficient amount to indemnify the state 60,257
against the provider's failure to repay the department after the 60,258
change of ownership occurs; 60,259
(2) Place a lien on the facility's real property; 60,261
(3) Use any method to recover the payments that is 60,263
available to the attorney general to recover payments on behalf 60,264
of the department of human JOB AND FAMILY services. 60,265
Sec. 5111.59. The department of human JOB AND FAMILY 60,274
services, the department of health, and any contracting agency 60,275
shall deliver a written notice, statement, or order to a nursing 60,276
facility under sections 5111.35 to 5111.41 and 5111.43 to 5111.62 60,277
of the Revised Code by certified mail or hand delivery. If the 60,278
notice, statement, or order is mailed, it shall be addressed to 60,279
the administrator of the facility as indicated in the 60,280
department's or agency's records. If it is hand delivered, it 60,281
shall be delivered to a person at the facility who would appear 60,282
to the average prudent person to have authority to accept it. 60,283
Delivery of written notice by a nursing facility to the 60,285
department of health, the department of human JOB AND FAMILY 60,286
services, or a contracting agency under sections 5111.35 to 60,287
5111.62 of the Revised Code shall be by certified mail or hand 60,288
delivery to the appropriate department or the agency. 60,289
Sec. 5111.60. (A) Except as provided in division (B) of 60,298
this section, the following remedies are subject to appeal under 60,299
Chapter 119. of the Revised Code: 60,300
1331
(1) An order issued under section 5111.45, 5111.46, 60,302
5111.51, or 5111.58 of the Revised Code terminating a nursing 60,303
facility's participation in the medical assistance program; 60,304
(2) Appointment of a temporary manager of a facility under 60,306
division (A)(1)(b) or (2)(b) of section 5111.46, or division 60,307
(A)(1)(d) of section 5111.51 of the Revised Code; 60,308
(3) An order issued under section 5111.46, 5111.47, 60,310
5111.48, 5111.51, or 5111.57 of the Revised Code denying payment 60,311
to a facility under the medical assistance program for all 60,312
medicaid eligible residents admitted after the effective date of 60,313
the order; 60,314
(4) An order issued under section 5111.46, 5111.47, or 60,316
5111.48 of the Revised Code denying payment to a facility under 60,317
the medical assistance program for medicaid eligible residents 60,318
admitted after the effective date of the order who have certain 60,319
diagnoses or special care needs specified by the department or 60,320
agency; 60,321
(5) A fine imposed under section 5111.46, 5111.47, or 60,323
5111.48 of the Revised Code. 60,324
(B) The department of human JOB AND FAMILY services or 60,326
contracting agency may do any of the following prior to or during 60,327
the pendency of any proceeding under Chapter 119. of the Revised 60,328
Code:
(1) Issue and execute an order under section 5111.46, 60,330
5111.51, or 5111.58 of the Revised Code terminating a nursing 60,331
facility's participation in the medical assistance program; 60,332
(2) Appoint a temporary manager under division (A)(1)(b) 60,334
or (2)(b) of section 5111.46 or division (A)(1)(d) of section 60,335
5111.51 of the Revised Code; 60,336
(3) Issue and execute an order under section 5111.46, 60,338
5111.47, 5111.51, or 5111.57 of the Revised Code denying payment 60,339
to a facility for all medicaid eligible residents admitted after 60,340
the effective date of the order; 60,341
(4) Issue and execute an order under section 5111.46 or 60,343
1332
5111.47 or division (A), (B), or (C) of section 5111.48 of the 60,344
Revised Code denying payment to a facility for medicaid eligible 60,345
residents admitted after the effective date of the order who have 60,346
specified diagnoses or special care needs. 60,347
(C) Whenever the department or agency imposes a remedy 60,349
listed in division (B) of this section prior to or during the 60,350
pendency of a proceeding, all of the following apply: 60,351
(1) The provider against whom the action is taken shall 60,353
have ten days after the date the facility actually receives the 60,354
notice specified in section 119.07 of the Revised Code to request 60,355
a hearing. 60,356
(2) The hearing shall commence within thirty days after 60,358
the date the department or agency receives the provider's request 60,359
for a hearing. 60,360
(3) The hearing shall continue uninterrupted from day to 60,362
day, except for Saturdays, Sundays, and legal holidays, unless 60,363
other interruptions are agreed to by the provider and the 60,364
department or agency. 60,365
(4) If the hearing is conducted by a hearing examiner, he 60,367
THE HEARING EXAMINER shall file his A report and recommendations 60,368
within ten days after the close of the hearing. 60,369
(5) The provider shall have five days after the date the 60,371
hearing officer files his THE report and recommendations within 60,372
which to file objections to the report and recommendations. 60,373
(6) Not later than fifteen days after the date the hearing 60,375
officer files his THE report and recommendations, the director of 60,376
human JOB AND FAMILY services or the director of the contracting
agency shall issue an order approving, modifying, or disapproving 60,377
the report and recommendations of the hearing examiner. 60,378
(D) If the department or agency imposes more than one 60,380
remedy as the result of deficiences DEFICIENCIES cited in a 60,381
single survey, the proceedings for all of the remedies shall be 60,382
consolidated. If any of the remedies are imposed during the 60,383
pendency of a hearing, as permitted by division (B) of this 60,384
1333
section, the consolidated hearing shall be conducted in 60,385
accordance with division (C) of this section. The consolidation 60,386
of the remedies for purposes of a hearing does not affect the 60,387
effective dates prescribed in sections 5111.35 to 5111.58 of the 60,388
Revised Code. 60,389
(E) If a contracting agency conducts administrative 60,391
proceedings pertaining to remedies imposed under sections 5111.35 60,392
to 5111.62 of the Revised Code, the department of human JOB AND 60,393
FAMILY services shall not be considered a party to the 60,394
proceedings.
Sec. 5111.61. (A)(1) Except as required by court order, 60,403
as necessary for the administration or enforcement of any statute 60,404
relating to nursing facilities, or as provided in division (C) of 60,405
this section, the department of human JOB AND FAMILY services and 60,406
any contracting agency shall not release any of the following 60,407
information without the permission of the individual or his THE 60,408
INDIVIDUAL'S legal representative: 60,409
(a) The identity of any resident of a nursing facility; 60,411
(b) The identity of any individual who submits a complaint 60,413
about a nursing facility; 60,414
(c) The identity of any individual who provides the 60,416
department or agency with information about a nursing facility 60,417
and has requested confidentiality; 60,418
(d) Any information that reasonably would tend to disclose 60,420
the identity of any individual described in division (A)(1)(a) to 60,421
(c) of this section. 60,422
(2) An agency or individual to whom the department or 60,424
contracting agency is required, by court order or for the 60,425
administration or enforcement of a statute relating to nursing 60,426
facilities, to release information described in division (A)(1) 60,427
of this section shall not release the information without the 60,428
permission of the individual who would be or would reasonably 60,429
tend to be identified, or of his THE INDIVIDUAL'S legal 60,430
representative, unless the agency or individual is required to 60,431
1334
release it by division (C) of this section, by court order, or 60,432
for the administration or enforcement of a statute relating to 60,433
nursing facilities.
(B) Except as provided in division (C) of this section, 60,435
any record that identifies an individual described in division 60,436
(A)(1) of this section or that reasonably would tend to identify 60,437
such an individual is not a public record for the purposes of 60,438
section 149.43 of the Revised Code, and is not subject to 60,439
inspection and copying under section 1347.08 of the Revised Code. 60,440
(C) If the department or a contracting agency, or an 60,442
agency or individual to whom the department or contracting agency 60,443
was required by court order or for administration or enforcement 60,444
of a statute relating to nursing facilities to release 60,445
information described in division (A)(1) of this section, uses 60,446
information in any administrative or judicial proceeding against 60,447
a facility that reasonably would tend to identify an individual 60,448
described in division (A)(1) of this section, the department, 60,449
agency, or individual shall disclose that information to the 60,450
facility. However, the department, agency, or individual shall 60,451
not disclose information that directly identifies an individual 60,452
described in divisions (A)(1)(a) to (c) of this section, unless 60,453
the individual is to testify in the proceedings. 60,454
(D) No person shall knowingly register a false complaint 60,456
about a nursing facility with the department or a contracting 60,457
agency, or knowingly swear or affirm the truth of a false 60,458
complaint, when the allegation is made for the purpose of 60,459
incriminating another. 60,460
Sec. 5111.62. The proceeds of all fines, including 60,469
interest, collected under sections 5111.35 to 5111.62 of the 60,470
Revised Code shall be deposited in the state treasury to the 60,471
credit of the residents protection fund, which is hereby created. 60,472
Moneys in the fund shall be used solely for the protection of the 60,473
health or property of residents of nursing facilities in which 60,474
the department of health finds deficiencies, including payment 60,475
1335
for the costs of relocation of residents to other facilities, 60,476
maintenance of operation of a facility pending correction of 60,477
deficiencies or closure, and reimbursement of residents for the 60,478
loss of money managed by the facility under section 3721.15 of 60,479
the Revised Code. The fund shall be maintained and administered 60,480
by the department of human JOB AND FAMILY services under rules 60,481
developed by the department in consultation with the departments 60,483
of health and aging and adopted by the department DIRECTOR of 60,484
human JOB AND FAMILY services under Chapter 119. of the Revised 60,486
Code.
Sec. 5111.74. (A) Not later than July 1, 1995, the 60,495
department of human JOB AND FAMILY services shall establish a 60,496
fair share demonstration project in Butler county for two years. 60,497
The demonstration project shall be administered by the Butler 60,498
county health care management board created under division (B) of 60,499
this section. In establishing the project, the department shall 60,500
enter into an agreement with the board, which shall provide that 60,501
medical assistance services be given to designated medical 60,502
assistance recipients who elect or are required by the department 60,503
to receive their services from or through the board or at least 60,504
one other managed care arrangement designated and approved by the 60,505
department.
The demonstration project shall demonstrate the viability 60,507
of delivering health care services to Butler county medical 60,508
assistance recipients through a cooperative health care 60,509
purchasing plan involving the organization of a managed care 60,510
network by physicians practicing medicine in Butler county and 60,511
hospitals located there. The demonstration project shall 60,512
restructure the medical assistance delivery system to improve the 60,513
delivery of cost effective, quality health care with an emphasis 60,514
on primary and preventive care, and shall prevent cost shifting 60,515
to the private sector. The demonstration project shall 60,516
demonstrate all of the following: 60,517
(1) A cost savings through prevention, the use of 60,519
1336
appropriate levels of care, reduced administrative costs, and 60,520
utilization of the demonstration project through primary provider 60,521
reimbursement policies that encourage the delivery of primary and 60,522
preventive care; 60,523
(2) The effectiveness of local collaboration and autonomy 60,525
in managing medical assistance expenditures in Butler county; 60,526
(3) Improved access to quality health care for Butler 60,528
county's medical assistance recipients, while containing health 60,529
care costs. 60,530
The department shall make a grant of two hundred fifty 60,532
thousand dollars to the board on its establishment for operating 60,533
and project expenses. These funds shall be transferred from the 60,534
department's medical assistance account. 60,535
(B)(1) There is hereby created the Butler county health 60,537
care management board to administer the fair share demonstration 60,538
project in that county. The board shall consist of the county 60,539
director of human JOB AND FAMILY services and the following 60,540
members:
(a) One representative of each hospital system located in 60,542
Butler county, selected by the hospital; 60,543
(b) Two physicians who specialize in pediatrics; two 60,545
family practice physicians; a physician who specializes in 60,546
obstetrics; an emergency department physician; a primary care 60,547
physician; a physician who is a medical specialist; a physician 60,548
who is a surgical specialist; a psychiatrist; and one physician 60,549
selected at large. The physicians shall be selected by the 60,550
county medical society or a similar organization of physicians in 60,551
the county. 60,552
(c) A chiropractor selected by an association of 60,554
chiropractors in the county; 60,555
(d) A licensed registered nurse who is an advanced 60,557
practice nurse selected by an organization of nurses in the 60,558
county; 60,559
(e) A dentist selected by an organization of dentists in 60,561
1337
the county; 60,562
(f) An optometrist selected by an organization of 60,564
optometrists in the county; 60,565
(g) A psychologist selected by an organization of 60,567
psychologists in the county; 60,568
(h) A representative of child and family health services 60,570
clinics selected by the child health service consortium of Butler 60,571
county; 60,572
(i) A podiatrist selected by an organization of 60,574
podiatrists in the county. 60,575
(2) All members of the board shall be selected on the 60,577
basis of their experience with the delivery of health care 60,578
services to medical assistance recipients. If more than one 60,579
physician is to be selected from a specialty area, the order of 60,580
preference for determining board membership shall first be those 60,581
physicians that have significant experience in providing health 60,582
care services to medical assistance recipients. 60,583
(3) Each member of the board shall serve for the duration 60,585
of the demonstration project. In the event of a vacancy on the 60,586
board, a member shall be selected in the same manner as the 60,587
member replaced. Members shall not be compensated, but may be 60,589
reimbursed by the board for their actual and necessary expenses. 60,590
A majority of the members constitutes a quorum, and the board may 60,591
take official action only by affirmative vote of a quorum. 60,592
(4) Not later than thirty days after July 1, 1993, the 60,594
representatives of the hospital systems in Butler county shall 60,596
select a temporary chairperson, who shall convene the board not 60,598
later than ninety days after July 1, 1993. Once convened, the 60,599
board shall elect a chairperson by a majority vote from among its 60,600
members, and all further meetings shall be convened by the 60,602
chairperson. The board may elect officers and shall establish 60,604
rules and procedures for its governance and a schedule of 60,605
meetings. The board may establish an executive committee and 60,606
such other subcommittees as it determines necessary to act on 60,607
1338
behalf of the board. The county department shall provide the 60,608
board with any clerical, professional, or technical assistance it 60,609
requests.
(C) The Butler county health care management board shall 60,611
develop and implement a plan for the fair share demonstration 60,612
project. The board shall establish educational and case 60,613
management programs as it determines necessary to facilitate 60,614
access to and encourage appropriate utilization of essential 60,615
preventive medicine and primary care services. The board shall 60,616
have limited immunity from antitrust actions in developing and 60,617
implementing the project. The board shall apply for a 60,618
certificate of authority to establish and operate a health 60,619
insuring corporation under Chapter 1751. of the Revised Code. On 60,622
application of the board, the superintendent of insurance shall 60,623
issue a certificate of authority to the board for a two-year 60,624
period, notwithstanding the fact that the board may not meet the 60,625
requirements of Chapter 1751. of the Revised Code. The 60,626
certificate of authority shall be void if the agreement with the 60,627
department is not executed. The superintendent shall retain 60,628
powers and duties under Chapter 3903. of the Revised Code with 60,629
regard to the Butler county health care management board and the 60,630
demonstration project. 60,631
The board may do any of the following: 60,633
(1) Enter into contracts with any person organized to do 60,635
business in this state on behalf of the board; 60,636
(2) Accept and spend donations, grants, and other funds 60,638
received by the board; 60,639
(3) Employ personnel and professionals that may be needed 60,641
to assess the feasibility and to develop the demonstration 60,642
project; 60,643
(4) Establish provider agreements in Butler county that 60,645
will organize a managed health care delivery system for medical 60,646
assistance recipients and will establish provider reimbursement 60,647
policies to encourage the delivery of primary health care 60,648
1339
services; 60,649
(5) Monitor the quality of health care delivered to 60,651
medical assistance recipients in Butler county; 60,652
(6) Establish provider agreements with physicians and 60,654
other health care practitioners that set forth the terms, 60,655
conditions, and payment procedures for the provision of health 60,656
care services to medical assistance recipients. Any provider 60,657
willing to accept such terms and conditions shall be eligible for 60,658
participation in the project. 60,659
(7) Establish, in cooperation with the county medical 60,661
society, voluntary participation guidelines for the project for 60,662
physicians in Butler county to ensure that they provide health 60,663
care services to their fair share of medical assistance 60,664
recipients in the county. Such guidelines shall be communicated 60,665
to all medical providers providing services in Butler county. 60,666
(8) Require that all medical assistance recipients, other 60,668
than those described in division (A)(2) of section 5111.01 of the 60,669
Revised Code, who elect or are required by the department to 60,670
receive their medical assistance services through the board 60,671
choose a physician who is participating in the demonstration 60,673
project to provide all health care services to the recipient, and 60,674
adopt standards for changing physicians, including disenrollment 60,675
as provided by federal law;
(9) So long as it is consistent with federal law, 60,677
establish a co-pay system for the following: 60,678
(a) Provision of medical services under the demonstration 60,680
project; 60,681
(b) Inappropriate utilization of medical services; 60,683
(c) Over-utilization of medical services; 60,685
(d) Failure of a medical assistance recipient to appear 60,687
for a scheduled medical appointment. 60,688
(10) Enter into agreements with the board of nursing 60,690
authorizing advanced practice nurses, certified nurse 60,692
practitioners, clinical nurse specialists, and certified 60,693
1340
nurse-midwives in Butler county to have prescription powers and 60,695
perform primary care services in collaboration with or under the
supervision of a physician or podiatrist in accordance with 60,697
division (D) of this section; 60,699
(11) Enter into agreements with the state medical board 60,701
authorizing physician assistants in Butler county to have 60,702
prescription powers and perform primary care services under the 60,703
general supervision and authority of a physician in accordance 60,704
with division (D) of this section;
(12) Assign medical assistance recipients, other than 60,706
those described in division (A)(2) of section 5111.01 of the 60,707
Revised Code, who elect or are required by the department to 60,708
receive their medical assistance services through the board, to 60,709
providers who have entered into provider agreements with the 60,711
board.
(D) The Butler county health care management board shall 60,713
pass a resolution by a majority vote establishing the terms and 60,714
conditions under which the scope of practice of advanced practice 60,715
nurses, certified nurse practitioners, clinical nurse 60,716
specialists, certified nurse-midwives, and physician assistants 60,717
in Butler county may be expanded. The expansion of practice for 60,719
advanced practice nurses shall comply with section 4723.56 of the 60,720
Revised Code. The expansion of practice for certified nurse 60,722
practitioners, clinical nurse specialists, and certified
nurse-midwives shall comply with Chapter 4723. of the Revised 60,723
Code. The expansion of practice for physician assistants shall 60,725
comply with sections 4730.06 and 4730.07 of the Revised Code. 60,726
The resolution shall be sent to the board of nursing and the Ohio 60,727
state medical board with a request that the scope of practice of 60,728
the practitioners be amended in accordance with the resolution. 60,729
On receipt of the resolution and request, the board of nursing 60,730
and the Ohio state medical board shall, without amendment, adopt 60,731
rules establishing the terms and conditions for expansion of the 60,732
scope of practice of advanced practice nurses, certified nurse 60,733
1341
practitioners, clinical nurse specialists, certified 60,734
nurse-midwives, and physician assistants in Butler county in 60,736
accordance with the resolution. Such rules shall apply only to 60,737
such practitioners performing their duties in Butler county in 60,738
conjunction with and in accordance with the fair share 60,739
demonstration project.
(E) The department of human JOB AND FAMILY services may 60,741
negotiate and enter into an agreement with the board establishing 60,742
a comprehensive capitated fee for purposes of delivering health 60,743
care services to persons receiving benefits under Chapter 5107. 60,744
and section 5111.013 of the Revised Code, if the department 60,745
obtains a waiver from the secretary of the United States 60,746
department of health and human services of any federal regulation 60,747
that would prohibit or restrict the use of federal funds. The 60,748
department may include those persons described in division (A)(2) 60,749
of section 5111.01 of the Revised Code in the project as it 60,750
considers necessary. The capitated fee shall be based on 60,751
historic and expected utilization of the medical assistance 60,752
program by the Butler county medical assistance population, 60,753
adjusted by the current inflation rate, and shall be sufficient 60,754
to ensure that all Butler county primary care physicians 60,755
participating in the demonstration project are reimbursed for 60,756
office visits at a rate of not less than thirty dollars per 60,757
patient during the first year of the project, and not less than 60,758
thirty-five dollars per patient for the second year of the 60,759
project. Any savings of state funds the department of human JOB 60,760
AND FAMILY services receives as the result of the demonstration
project shall be distributed as follows: 60,761
(1) One-third of the savings to Butler county for 60,763
children's health programs; 60,764
(2) One-third of the savings to the department of human 60,766
JOB AND FAMILY services;
(3) One-third of the savings to providers participating in 60,768
the demonstration project. 60,769
1342
(F) All provider agreements or any contracts entered into 60,771
or negotiated by the board shall be exempt from any contract 60,772
provision contained in a contract between medical providers and 60,773
health insurers or indemnity insurers licensed to do business in 60,774
this state that provides for a lower payment for the services. 60,776
(G) The Butler county health care management board shall, 60,778
at the end of each year of the demonstration project, issue a 60,779
report listing every medical provider practicing in Butler 60,780
county, the degree to which such provider has participated in the 60,781
demonstration project, and the extent to which such provider has 60,782
met the voluntary guidelines adopted by the board under division 60,783
(C)(7) of this section. 60,784
(H) The department of human JOB AND FAMILY services shall 60,786
apply for any federal waiver needed to implement the Butler 60,787
county fair share demonstration project. 60,788
Sec. 5111.81. (A) There is hereby established the 60,797
pharmacy and therapeutics committee of the department of human 60,798
JOB AND FAMILY services. The committee shall consist of eight 60,799
members and shall be appointed by the director of human JOB AND 60,800
FAMILY services. The membership of the committee shall include: 60,801
two pharmacists licensed under Chapter 4729. of the Revised Code; 60,802
two doctors of medicine and two doctors of osteopathy licensed 60,803
under Chapter 4731. of the Revised Code; a registered nurse 60,804
licensed under Chapter 4723. of the Revised Code; and a 60,805
pharmacologist who has a doctoral degree. The committee shall
elect one of its members as chairperson. 60,806
(B) In the absence of fraud or bad faith, neither the 60,808
pharmacy and therapeutics committee nor a current or former 60,809
member, agent, representative, employee, or independent 60,810
contractor of the committee shall be held liable in damages to a 60,811
person as the result of an act, omission, proceeding, conduct, or 60,812
decision relating to the official duties undertaken or performed 60,813
pursuant to this section or rules promulgated pursuant to section 60,814
111.15 or Chapter 119. of the Revised Code. If a current or 60,815
1343
former member, agent, representative, employee, or independent 60,816
contractor of the committee requests the state to defend the 60,817
current or former member, agent, representative, employee, or 60,818
independent contractor against a claim or in an action arising 60,819
out of an act, omission, proceeding, conduct, or decision 60,821
relating to official duties undertaken or performed, if the
request is made in writing at a reasonable time before the trial 60,822
of the claim or in the action, and if the person requesting the 60,823
defense cooperates in good faith in the defense of the claim or 60,824
action, the state shall provide and pay for the defense of the 60,825
claim or action and shall pay any resulting judgment, compromise, 60,826
or settlement. The state shall not pay that part of a claim or
judgment that is for punitive or exemplary damages. 60,827
Sec. 5111.87. The department of human JOB AND FAMILY 60,836
services shall enter into an interagency agreement with the 60,837
department of mental retardation and developmental disabilities 60,838
with regard to the program established by the department of human 60,839
JOB AND FAMILY services under a waiver from the United States 60,840
secretary of health and human services pursuant to section 1915
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 60,841
1396n, as amended, to provide eligible medical assistance 60,842
recipients with home or community-based services as an 60,843
alternative to placement in an intermediate care facility for the 60,844
mentally retarded as defined in section 5111.20 of the Revised 60,845
Code. The agreement shall provide for the department of mental 60,846
retardation and developmental disabilities to administer the 60,847
program in accordance with the terms of the waiver. The 60,848
departments shall adopt rules in accordance with Chapter 119. of 60,849
the Revised Code governing the program. 60,850
Sec. 5111.88. As used in this section, "nursing facility" 60,859
has the same meaning as in section 5111.20 of the Revised Code. 60,860
The department of human JOB AND FAMILY services shall enter 60,862
into an interagency agreement with the department of mental 60,863
retardation and developmental disabilities with regard to the 60,864
1344
program established by the department of human JOB AND FAMILY 60,865
services under a waiver from the United States secretary of 60,866
health and human services pursuant to section 1915 of the "Social 60,867
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1396n, as 60,868
amended, to provide home or community-based services as an 60,869
alternative to nursing facility placement to recipients of 60,870
medical assistance who are mentally retarded or developmentally 60,871
disabled. The agreement shall provide for the department of 60,872
mental retardation and developmental disabilities to administer 60,873
the program in accordance with the terms of the waiver. The 60,874
departments shall adopt rules in accordance with Chapter 119. of 60,875
the Revised Code governing the program. 60,876
Sec. 5112.01. As used in sections 5112.03 to 5112.21 of 60,887
the Revised Code:
(A)(1) "Hospital" means a nonfederal hospital to which 60,889
either of the following applies: 60,890
(a) The hospital is registered under section 3701.07 of 60,892
the Revised Code as a general medical and surgical hospital or a 60,893
pediatric general hospital, and provides inpatient hospital 60,894
services, as defined in 42 C.F.R. 440.10; 60,895
(b) The hospital is recognized under the medicare program 60,897
established by Title XVIII of the "Social Security Act," 49 Stat. 60,899
620 (1935), 42 U.S.C.A. 301, as amended, as a cancer hospital and 60,901
is exempt from the medicare prospective payment system. 60,902
"Hospital" does not include a hospital operated by a health 60,904
insuring corporation that has been issued a certificate of 60,906
authority under section 1751.05 of the Revised Code or a hospital 60,908
that does not charge patients for services. 60,909
(2) "Disproportionate share hospital" means a hospital 60,911
that meets the definition of a disproportionate share hospital in 60,912
rules adopted under section 5112.03 of the Revised Code. 60,913
(B) "Bad debt," "charity care," "courtesy care," and 60,916
"contractual allowances" have the same meanings given these terms
in regulations adopted under Title XVIII of the "Social Security 60,918
1345
Act." 60,919
(C) "Cost reporting period" means the twelve-month period 60,921
used by a hospital in reporting costs for purposes of Title XVIII 60,923
of the "Social Security Act." 60,924
(D) "Governmental hospital" means a county hospital with 60,926
more than five hundred registered beds or a state-owned and 60,928
-operated hospital with more than five hundred registered beds. 60,929
(E) "Indigent care pool" means the sum of the following: 60,931
(1) The total of assessments to be paid in a program year 60,933
by all hospitals under section 5112.06 of the Revised Code, less 60,934
the assessments deposited into the legislative budget services 60,935
fund under section 5112.19 of the Revised Code; 60,937
(2) The total amount of intergovernmental transfers 60,939
required to be made in the same program year by governmental 60,940
hospitals under section 5112.07 of the Revised Code, less the 60,941
amount of transfers deposited into the legislative budget 60,943
services fund under section 5112.19 of the Revised Code; 60,944
(3) The total amount of federal matching funds that will 60,946
be made available in the same program year as a result of funds 60,948
distributed by the department of human JOB AND FAMILY services to 60,950
hospitals under section 5112.08 of the Revised Code. 60,951
(F) "Intergovernmental transfer" means any transfer of 60,953
money by a governmental hospital under section 5112.07 of the 60,954
Revised Code.
(G) "Medical assistance program" means the program of 60,956
medical assistance established under section 5111.01 of the 60,957
Revised Code and Title XIX of the "Social Security Act." 60,958
(H) "Program year" means a period beginning the first day 60,960
of October, or a later date designated in rules adopted under 60,962
section 5112.03 of the Revised Code, and ending the thirtieth day 60,963
of September, or an earlier date designated in rules adopted 60,964
under that section. 60,965
(I) "Registered beds" means the total number of hospital 60,967
beds registered with the department of health, as reported in the 60,968
1346
most recent "directory of registered hospitals" published by the 60,969
department of health. 60,970
(J) "Total facility costs" means the total costs for all 60,972
services rendered to all patients, including the direct, 60,973
indirect, and overhead cost to the hospital of all services, 60,974
supplies, equipment, and capital related to the care of patients, 60,975
regardless of whether patients are enrolled in a health insuring 60,977
corporation, excluding costs associated with providing skilled 60,979
nursing services in distinct-part nursing facility units, as 60,980
shown on the hospital's cost report filed under section 5112.04 60,981
of the Revised Code. Effective October 1, 1993, if rules adopted 60,982
under section 5112.03 of the Revised Code so provide, "total 60,983
facility costs" may exclude costs associated with providing care 60,984
to recipients of any of the governmental programs listed in 60,985
division (B) of that section.
(K) "Uncompensated care" means bad debt and charity care. 60,987
Sec. 5112.03. (A) The director of human JOB AND FAMILY 60,997
services shall adopt, and may amend and rescind, rules in 60,999
accordance with Chapter 119. of the Revised Code for the purpose 61,000
of administering sections 5112.01 to 5112.21 of the Revised Code, 61,001
including rules that do all of the following: 61,002
(1) Define as a "disproportionate share hospital" any 61,004
hospital included under subsection (b) of section 1923 of the 61,006
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 61,007
1396r-4(b), as amended, and any other hospital the director 61,008
determines appropriate;
(2) Prescribe the form for submission of cost reports 61,010
under section 5112.04 of the Revised Code; 61,011
(3) Establish, in accordance with division (A) of section 61,013
5112.06 of the Revised Code, the assessment rate or rates to be 61,016
applied to hospitals under that section;
(4) Establish schedules for hospitals to pay installments 61,018
on their assessments under section 5112.06 of the Revised Code 61,019
and for governmental hospitals to pay installments on their 61,020
1347
intergovernmental transfers under section 5112.07 of the Revised 61,021
Code;
(5) Establish procedures to notify hospitals of 61,023
adjustments made under division (B)(2)(b) of section 5112.06 of 61,025
the Revised Code in the amount of installments on their
assessment; 61,026
(6) Establish procedures to notify hospitals of 61,028
adjustments made under division (D) of section 5112.09 of the 61,029
Revised Code in the total amount of their assessment and to 61,030
adjust for the remainder of the program year the amount of the 61,031
installments on the assessments; 61,032
(7) Establish, in accordance with section 5112.08 of the 61,034
Revised Code, the methodology for paying hospitals under that 61,035
section. 61,036
The director shall consult with hospitals when adopting the 61,038
rules required by divisions (A)(4) and (5) of this section in 61,039
order to minimize hospitals' cash flow difficulties. 61,040
(B) Rules adopted under this section may provide that 61,043
"total facility costs" excludes costs associated with any of the 61,044
following:
(1) Recipients of the medical assistance program; 61,046
(2) Recipients of general assistance medical assistance 61,048
provided under former Chapter 5113. of the Revised Code; 61,050
(3) Recipients of disability assistance medical assistance 61,053
provided under Chapter 5115. of the Revised Code; 61,054
(4)(3) Recipients of the program for medically handicapped 61,056
children established under section 3701.023 of the Revised Code; 61,058
(5)(4) Recipients of the medicare program established 61,060
under Title XVIII of the "Social Security Act," 49 Stat. 620 61,062
(1935), 42 U.S.C.A. 301, as amended; 61,064
(6)(5) Recipients of Title V of the "Social Security Act"; 61,067
(7)(6) Any other category of costs deemed appropriate by 61,069
the director in accordance with Title XIX of the "Social Security 61,072
Act" and the rules adopted under that title. 61,073
1348
Sec. 5112.04. (A) Except as provided in division (C) of 61,082
this section, each hospital, on or before the first day of July 61,083
of each year or at a later date approved by the director of human 61,084
JOB AND FAMILY services, shall submit to the department of human
JOB AND FAMILY services a financial statement for the preceding 61,085
calendar year that accurately reflects the income, expenses, 61,086
assets, liabilities, and net worth of the hospital, and 61,087
accompanying notes. A hospital that has a fiscal year different 61,088
from the calendar year shall file its financial statement within 61,089
one hundred eighty days of the end of its fiscal year or at a 61,090
later date approved by the director of human JOB AND FAMILY 61,091
services. The financial statement shall be prepared by an 61,092
independent certified public accountant and reflect an official 61,093
audit report prepared in a manner consistent with generally 61,094
accepted accounting principles. The financial statement shall, 61,095
to the extent that the hospital has sufficient financial records, 61,096
show bad debt and charity care separately from courtesy care and 61,097
contractual allowances.
(B) Except as provided in division (C) of this section, 61,099
each hospital, within one hundred eighty days after the end of 61,101
the hospital's cost reporting period, shall submit to the
department a cost report in a format prescribed in rules adopted 61,102
by the director of human JOB AND FAMILY services under section 61,103
5112.03 of the Revised Code. The department shall grant a 61,104
hospital an extension of the one hundred eighty day period if the 61,105
health care financing administration of the United States 61,106
department of health and human services extends the date by which
the hospital must submit its cost report for the hospital's cost 61,107
reporting period.
(C) The director of human JOB AND FAMILY services may 61,109
adopt rules under section 5112.03 of the Revised Code specifying 61,110
financial information that must be submitted by hospitals for 61,111
which no financial statement or cost report is available. The 61,112
rules shall specify deadlines for submitting the information. 61,113
1349
Each such hospital shall submit the information specified in the 61,114
rules not later than the deadline specified in the rules. 61,115
Sec. 5112.05. The requirements of sections 5112.06 to 61,125
5112.09 of the Revised Code apply only as long as the United 61,126
States health care financing administration determines that the 61,127
assessment imposed under section 5112.06 of the Revised Code is a 61,128
permissible health care-related tax pursuant to section 1903(w) 61,129
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 61,131
1396b(w), as amended. Whenever the department of human JOB AND 61,132
FAMILY services is informed that the assessment is an 61,133
impermissible health care-related tax, the department shall 61,134
promptly refund to each hospital the amount of money currently in 61,135
the hospital care assurance program fund created by section 61,136
5112.18 of the Revised Code that has been paid by the hospital 61,137
under section 5112.06 or 5112.07 of the Revised Code, plus any 61,138
investment earnings on that amount. 61,139
Sec. 5112.06. (A) For the purpose of distributing funds 61,150
to hospitals under the medical assistance program pursuant to
sections 5112.01 to 5112.21 of the Revised Code, there is hereby 61,151
imposed an assessment on all hospitals. Each hospital's 61,152
assessment shall be based on total facility costs. All hospitals 61,153
shall be assessed according to the rate or rates established each 61,155
program year by the department of human JOB AND FAMILY services 61,156
in rules adopted under section 5112.03 of the Revised Code. The 61,157
department shall assess all hospitals uniformly and in a manner 61,158
consistent with federal statutes and regulations. During any 61,161
program year, the department shall not assess any hospital more 61,163
than two per cent of the hospital's total facility costs. 61,166
The department shall establish an assessment rate or rates 61,168
each program year that will do both of the following: 61,169
(1) Yield funds that, when combined with intergovernmental 61,171
transfers and federal matching funds, will produce a program of 61,172
sufficient size to pay a substantial portion of the indigent care 61,173
provided by hospitals; 61,174
1350
(2) Yield funds that, when combined with intergovernmental 61,176
transfers and federal matching funds, will produce amounts for 61,178
distribution to disproportionate share hospitals that do not 61,179
exceed, in the aggregate, the limits prescribed by the United 61,180
States health care financing administration under subsection (f) 61,183
of section 1923 of the "Social Security Act," 49 Stat. 620 61,186
(1935), 42 U.S.C.A. 1396r-4(f), as amended. 61,188
(B)(1) Except as provided in division (B)(3) of this 61,191
section, each hospital shall pay its assessment in periodic 61,192
installments in accordance with a schedule established by the 61,193
director of human JOB AND FAMILY services in rules adopted under 61,194
section 5112.03 of the Revised Code. 61,196
(2) The installments shall be equal in amount, unless 61,199
either of the following applies:
(a) The department makes adjustments during a program year 61,201
under division (D) of section 5112.09 of the Revised Code in the 61,202
total amount of hospitals' assessments; 61,203
(b) The director of human JOB AND FAMILY services 61,205
determines that adjustments in the amounts of installments are 61,208
necessary for the administration of sections 5112.01 to 5112.21 61,209
of the Revised Code and that unequal installments will not create
cash flow difficulties for hospitals. 61,210
(3) The director may adopt rules under section 5112.03 of 61,213
the Revised Code establishing alternate schedules for hospitals 61,214
to pay assessments under this section in order to reduce 61,215
hospitals' cash flow difficulties.
Sec. 5112.07. (A) The department of human JOB AND FAMILY 61,225
services may require governmental hospitals to make 61,227
intergovernmental transfers each program year. The department 61,228
shall not require transfers in an amount that, when combined with 61,229
hospital assessments paid under section 5112.06 of the Revised 61,230
Code and federal matching funds, produce amounts for distribution 61,232
to disproportionate share hospitals that, in the aggregate, 61,233
exceed limits prescribed by the United States health care 61,234
1351
financing administration under subsection (f) of section 1923 of 61,236
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 61,237
1396r-4(f), as amended.
(B) Before or during each program year, the department 61,240
shall notify each governmental hospital of the amount of the 61,241
intergovernmental transfer it is required to make during the 61,242
program year. Each governmental hospital shall make
intergovernmental transfers as required by the department under 61,243
this section in periodic installments, executed by electronic 61,244
fund transfer, in accordance with a schedule established in rules 61,245
adopted under section 5112.03 of the Revised Code. 61,246
Sec. 5112.08. The director of human JOB AND FAMILY 61,256
services shall adopt rules under section 5112.03 of the Revised 61,258
Code establishing a methodology to pay hospitals that is 61,259
sufficient to expend all money in the indigent care pool. Under 61,260
the rules:
(A) The department of human JOB AND FAMILY services may 61,262
classify similar hospitals into groups and allocate funds for 61,264
distribution within each group. 61,265
(B) The department shall establish a method of allocating 61,267
funds to hospitals, taking into consideration the relative amount 61,269
of indigent care provided by each hospital or group of hospitals. 61,270
The amount to be allocated shall be based on any combination of 61,272
the following indicators of indigent care that the director 61,273
considers appropriate:
(1) Total costs, volume, or proportion of services to 61,275
recipients of the medical assistance program, including 61,276
recipients enrolled in health insuring corporations; 61,278
(2) Total costs, volume, or proportion of services to 61,280
low-income patients in addition to recipients of the medical 61,281
assistance program, which may include recipients of Title V of 61,283
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, 61,285
as amended, general assistance established under former Chapter 61,287
5113. of the Revised Code, and disability assistance established 61,288
1352
under Chapter 5115. of the Revised Code; 61,289
(3) The amount of uncompensated care provided by the 61,291
hospital or group of hospitals; 61,292
(4) Other factors that the director considers to be 61,294
appropriate indicators of indigent care. 61,295
(C) The department shall distribute funds to each hospital 61,298
or group of hospitals in a manner that first may provide for an 61,299
additional distribution to individual hospitals that provide a 61,300
high proportion of indigent care in relation to the total care 61,302
provided by the hospital or in relation to other hospitals. The 61,303
department shall establish a formula to distribute the remainder 61,304
of the funds. The formula shall be consistent with section 1923 61,306
of the "Social Security Act," 42 U.S.C.A. 1396r-4, as amended, 61,309
and shall be based on any combination of the indicators of 61,310
indigent care listed in division (B) of this section that the 61,311
director considers appropriate. 61,312
(D) The department shall distribute funds to each hospital 61,315
in installments not later than ten working days after the 61,316
deadline established in rules for each hospital to pay an 61,317
installment on its assessment under section 5112.06 of the 61,318
Revised Code. In the case of a governmental hospital that makes 61,319
intergovernmental transfers, the department shall pay an 61,320
installment under this section not later than ten working days 61,321
after the earlier of that deadline or the deadline established in 61,322
rules for the governmental hospital to pay an installment on its 61,323
intergovernmental transfer. If the amount in the hospital care 61,324
assurance program fund and the hospital care assurance match fund 61,325
created under section 5112.18 of the Revised Code is insufficient 61,326
to make the total distributions for which hospitals are eligible 61,328
to receive in any period, the department shall reduce the amount 61,329
of each distribution by the percentage by which the amount is 61,331
insufficient. The department shall distribute to hospitals any 61,333
amounts not distributed in the period in which they are due as 61,334
soon as moneys are available in the funds. 61,335
1353
Sec. 5112.09. (A) Before or during each program year, the 61,345
department of human JOB AND FAMILY services shall mail to each 61,347
hospital by certified mail, return receipt requested, the 61,348
preliminary determination of the amount that the hospital is 61,350
assessed under section 5112.06 of the Revised Code during the 61,351
program year. The preliminary determination of a hospital's 61,352
assessment shall be calculated for a cost-reporting period that 61,356
is specified in rules adopted under section 5112.03 of the
Revised Code. 61,357
The department shall consult with hospitals each year when 61,359
determining the date on which it will mail the preliminary 61,360
determinations in order to minimize hospitals' cash flow 61,361
difficulties.
If no hospital submits a request for reconsideration under 61,363
division (B) of this section, the preliminary determination 61,364
constitutes the final reconciliation of each hospital's 61,365
assessment under section 5112.06 of the Revised Code. The final 61,366
reconciliation is subject to adjustments under division (D) of 61,367
this section. 61,368
(B) Not later than fourteen days after the preliminary 61,370
determinations are mailed, any hospital may submit to the 61,373
department a written request to reconsider the preliminary 61,374
determinations. The request shall be accompanied by written 61,375
materials setting forth the basis for the reconsideration. If 61,376
one or more hospitals submit a request, the department shall hold 61,377
a public hearing not later than thirty days after the preliminary 61,378
determinations are mailed to reconsider the preliminary
determinations. The department shall mail to each hospital a 61,379
written notice of the date, time, and place of the hearing at 61,380
least ten days prior to the hearing. On the basis of the 61,381
evidence submitted to the department or presented at the public 61,382
hearing, the department shall reconsider and may adjust the 61,383
preliminary determinations. The result of the reconsideration is 61,384
the final reconciliation of the hospital's assessment under 61,385
1354
section 5112.06 of the Revised Code. The final reconciliation is 61,386
subject to adjustments under division (D) of this section. 61,387
(C) The department shall mail to each hospital a written 61,390
notice of its assessment for the program year under the final 61,391
reconciliation. A hospital may appeal the final reconciliation 61,393
of its assessment to the court of common pleas of Franklin 61,394
county. While a judicial appeal is pending, the hospital shall 61,395
pay, in accordance with the schedules required by division (B) of 61,396
section 5112.06 of the Revised Code, any amount of its assessment 61,397
that is not in dispute into the hospital care assurance program 61,398
fund created in section 5112.18 of the Revised Code.
(D) In the course of any program year, the department may 61,400
adjust the assessment rate or rates established in rules pursuant 61,401
to section 5112.06 of the Revised Code or adjust the amounts of 61,402
intergovernmental transfers required under section 5112.07 of the 61,403
Revised Code and, as a result of the adjustment, adjust each 61,405
hospital's assessment and intergovernmental transfer, to reflect 61,406
refinements made by the United States health care financing 61,407
administration during that program year to the limits it 61,408
prescribed under subsection (f) of section 1923 of the "Social 61,412
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1396r-4(f), as 61,414
amended. When adjusted, the assessment rate or rates must comply 61,417
with division (A) of section 5112.06 of the Revised Code. An 61,419
adjusted intergovernmental transfer must comply with division (A) 61,421
of section 5112.07 of the Revised Code. The department shall
notify hospitals of adjustments made under this division and 61,422
adjust for the remainder of the program year the installments 61,423
paid by hospitals under sections 5112.06 and 5112.07 of the 61,424
Revised Code in accordance with rules adopted under section 61,425
5112.03 of the Revised Code.
Sec. 5112.10. The department of human JOB AND FAMILY 61,433
services shall operate the hospital care assurance program 61,434
established by sections 5112.01 to 5112.21 of the Revised Code on 61,435
a program year basis. The department shall complete all program 61,436
1355
requirements on or before the thirtieth day of September each
year.
Sec. 5112.11. The department of human JOB AND FAMILY 61,444
services shall not use money paid to the department under 61,446
sections 5112.06 and 5112.07 of the Revised Code or money that 61,447
the department pays to hospitals under section 5112.08 of the
Revised Code to replace any funds appropriated by the general 61,448
assembly for the medical assistance program. 61,449
Sec. 5112.17. (A) As used in this section: 61,458
(1) "Federal poverty guideline" means the official poverty 61,460
guideline as revised annually by the United States secretary of 61,461
health and human services in accordance with section 673 of the 61,463
"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 61,464
the family of the person whose income is being determined. 61,465
(2) "Third-party payer" means any private or public entity 61,467
or program that may be liable by law or contract to make payment 61,468
to or on behalf of an individual for health care services. 61,470
"Third-party payer" does not include a hospital.
(B) Each hospital that receives funds distributed under 61,473
sections 5112.01 to 5112.21 of the Revised Code shall provide, 61,474
without charge to the individual, basic, medically necessary 61,475
hospital-level services to individuals who are residents of this 61,476
state, are not recipients of the medical assistance program, and 61,477
whose income is at or below the federal poverty guideline. 61,479
Recipients of disability assistance under Chapter 5115. of the 61,481
Revised Code qualify for services under this section. The 61,482
department DIRECTOR of human JOB AND FAMILY services shall adopt 61,484
rules under section 5112.03 of the Revised Code specifying the 61,485
hospital services to be provided under this section. 61,486
(C) Nothing in this section shall be construed to prevent 61,489
a hospital from requiring an individual to apply for eligibility 61,490
under the medical assistance program before the hospital
processes an application under this section. Hospitals may bill 61,491
1356
any third-party payer for services rendered under this section. 61,494
Hospitals may bill the medical assistance program, in accordance 61,495
with Chapter 5111. of the Revised Code and the rules adopted 61,496
under that chapter, for services rendered under this section if 61,497
the individual becomes a recipient of the program. Hospitals may 61,498
bill individuals for services under this section if all of the 61,499
following apply:
(1) The hospital has an established post-billing procedure 61,501
for determining the individual's income and canceling the charges 61,502
if the individual is found to qualify for services under this 61,503
section. 61,504
(2) The initial bill, and at least the first follow-up 61,506
bill, is accompanied by a written statement that does all of the 61,507
following: 61,508
(a) Explains that individuals with income at or below the 61,510
federal poverty guideline are eligible for services without 61,511
charge; 61,512
(b) Specifies the federal poverty guideline for 61,514
individuals and families of various sizes at the time the bill is 61,515
sent; 61,516
(c) Describes the procedure required by division (C)(1) of 61,518
this section. 61,519
(3) The hospital complies with any additional rules the 61,521
department adopts under section 5112.03 of the Revised Code. 61,522
Notwithstanding division (B) of this section, a hospital 61,524
providing care to an individual under this section is subrogated 61,525
to the rights of any individual to receive compensation or 61,526
benefits from any person or governmental entity for the hospital 61,527
goods and services rendered. 61,528
(D) Each hospital shall collect and report to the 61,530
department, in the form and manner prescribed by the department, 61,531
information on the number and identity of patients served 61,532
pursuant to this section. 61,533
(E) This section applies beginning May 22, 1992, 61,535
1357
regardless of whether the department has adopted rules specifying 61,536
the services to be provided. Nothing in this section alters the 61,537
scope or limits the obligation of any governmental entity or 61,538
program, including the program awarding reparations to victims of 61,539
crime under sections 2743.51 to 2743.72 of the Revised Code and 61,540
the program for medically handicapped children established under 61,542
section 3701.023 of the Revised Code, to pay for hospital 61,543
services in accordance with state or local law. 61,544
Sec. 5112.18. (A) Except as provided in section 5112.19 61,553
of the Revised Code, all payments of assessments by hospitals 61,554
under section 5112.06 of the Revised Code and all 61,555
intergovernmental transfers under section 5112.07 of the Revised 61,556
Code shall be deposited in the state treasury to the credit of 61,557
the hospital care assurance program fund, hereby created. All 61,558
investment earnings of the hospital care assurance program fund 61,559
shall be credited to the fund. The department of human JOB AND 61,560
FAMILY services shall maintain records that show the amount of 61,562
money in the hospital care assurance program fund at any time 61,563
that has been paid by each hospital and the amount of any 61,564
investment earnings on that amount. All moneys credited to the 61,565
hospital care assurance program fund shall be used solely to make 61,566
payments to hospitals under division (D) of this section and 61,567
section 5112.08 of the Revised Code. 61,568
(B) All federal matching funds received as a result of the 61,571
department distributing funds from the hospital care assurance 61,572
program fund to hospitals under section 5112.08 of the Revised 61,573
Code shall be credited to the hospital care assurance match fund, 61,574
which is hereby created in the state treasury. All money 61,575
credited to the hospital care assurance match fund shall be used 61,576
solely for distributing funds to hospitals under section 5112.08 61,578
of the Revised Code. 61,579
(C) All distributions of funds to hospitals under section 61,582
5112.08 of the Revised Code are conditional on: 61,583
(1) Expiration of the time for appeals under section 61,585
1358
5112.09 of the Revised Code without the filing of an appeal, or 61,586
on court determinations, in the event of appeals, that the 61,587
hospital is entitled to the funds; 61,588
(2) The availability of sufficient moneys in the hospital 61,590
care assurance program fund and the hospital care assurance match 61,591
fund to distribute the funds after the final determination of any 61,593
appeals; 61,594
(3) The hospital's compliance with section 5112.17 of the 61,596
Revised Code.
(D) If an audit conducted by the department of the amounts 61,598
of payments made and funds received by hospitals under sections 61,599
5112.06, 5112.07, and 5112.08 of the Revised Code identifies 61,600
amounts that, due to errors by the department, a hospital should 61,601
not have been required to pay but did pay, should have been 61,602
required to pay but did not pay, should not have received but did 61,603
receive, or should have received but did not receive, the 61,604
department shall: 61,605
(1) Make payments to any hospital that the audit reveals 61,607
paid amounts it should not have been required to pay or did not 61,608
receive amounts it should have received; 61,609
(2) Take action to recover from a hospital any amounts 61,611
that the audit reveals it should have been required to pay but 61,612
did not pay or that it should not have received but did receive. 61,613
Payments made under division (D)(1) of this section shall 61,615
be made from the hospital care assurance program fund. Amounts 61,616
recovered under division (D)(2) of this section shall be 61,617
deposited to the credit of that fund. Any hospital may appeal 61,618
the amount the hospital is to be paid under division (D)(1) or 61,619
the amount that is to be recovered from the hospital under 61,620
division (D)(2) of this section to the court of common pleas of 61,621
Franklin county. 61,622
Sec. 5112.19. From the first installment of assessments 61,631
paid under section 5112.06 of the Revised Code and 61,632
intergovernmental transfers made under section 5112.07 of the 61,633
1359
Revised Code during each program year beginning in an 61,634
odd-numbered calendar year, the department of human JOB AND 61,635
FAMILY services shall deposit into the state treasury to the 61,636
credit of the legislative budget services fund, which is hereby 61,638
created, a total amount equal to the amount by which the biennial 61,639
appropriation from that fund exceeds the amount of unexpended, 61,640
unencumbered moneys in that fund. All investment earnings of the 61,641
legislative budget services fund shall be credited to that fund. 61,642
Money in the legislative budget services fund shall be used 61,643
solely to pay the expenses of the legislative budget office of 61,644
the legislative service commission. 61,645
Sec. 5112.21. Except as specifically required by sections 61,654
5112.01 to 5112.19 of the Revised Code, information filed under 61,655
those sections shall not include any patient-identifying 61,657
material. Information that includes patient-identifying material 61,659
is not a public record under section 149.43 of the Revised Code,
and no patient-identifying material shall be released publicly by 61,660
the department of human JOB AND FAMILY services or by any person
under contract with the department who has access to such 61,661
information.
Sec. 5112.31. The department of human JOB AND FAMILY 61,671
services shall:
(A) For the purpose of providing home and community-based 61,673
services for mentally retarded and developmentally disabled 61,674
persons, annually assess each intermediate care facility for the 61,675
mentally retarded a franchise permit fee equal to nine dollars 61,676
and twenty-four cents multiplied by the product of the following: 61,677
(1) The number of beds certified under Title XIX of the 61,679
"Social Security Act" on the first day of May of the calendar 61,680
year in which the assessment is determined pursuant to division 61,681
(A) of section 5112.33 of the Revised Code; 61,682
(2) The number of days in the fiscal year beginning on the 61,684
first day of July of the same calendar year. 61,685
(B) Not later than July 1, 1996, and the first day of each 61,688
1360
July thereafter, adjust fees determined under division (A) of
this section in accordance with the composite inflation factor 61,689
established by the department in rules adopted under section 61,691
5112.39 of the Revised Code.
If the United States secretary of health and human services 61,693
determines that the franchise permit fee established by sections 61,694
5112.30 to 5112.39 of the Revised Code would be an impermissible 61,696
health care-related tax under section 1903(w) of the "Social
Security Act," 42 U.S.C.A. 1396b(w), as amended, the department 61,698
shall take all necessary actions to cease implementation of those 61,699
sections in accordance with rules adopted under section 5112.39 61,700
of the Revised Code.
Sec. 5112.32. For the purpose of the franchise permit fee 61,709
imposed under section 5112.31 of the Revised Code, the department 61,710
of mental retardation and developmental disabilities shall: 61,711
(A) Not later than August 1, 1993, report to the 61,713
department of human JOB AND FAMILY services the number of beds in 61,714
each intermediate care facility for the mentally retarded 61,715
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; 61,716
(B) Not later than June 1, 1994, and the first day of each 61,718
June thereafter, report to the department of human JOB AND FAMILY 61,719
services the number of beds in each such facility certified on 61,720
the preceding first day of May under that title.
Sec. 5112.33. (A) Not later than the fifteenth day of 61,729
August of each year, the department of human JOB AND FAMILY 61,730
services shall determine the annual franchise permit fee for each 61,731
intermediate care facility for the mentally retarded in 61,732
accordance with section 5112.31 of the Revised Code. 61,733
(B) Not later than the first day of September of each 61,735
year, the department shall mail to each intermediate care 61,737
facility for the mentally retarded notice of the amount of the 61,738
franchise permit fee the facility has been assessed under section 61,739
5112.31 of the Revised Code. 61,740
1361
(C) Each intermediate care facility for the mentally 61,742
retarded shall pay its fee under section 5112.31 of the Revised 61,744
Code to the department in quarterly installment payments not 61,745
later than forty-five days after the last day of each September, 61,746
December, March, and June.
Sec. 5112.34. If an intermediate care facility for the 61,755
mentally retarded fails to pay the full amount of an installment 61,757
when due, the department of human JOB AND FAMILY services may
assess a five per cent penalty on the amount due for each month 61,758
or fraction thereof the installment is overdue. 61,759
Sec. 5112.35. (A) An intermediate care facility for the 61,768
mentally retarded may appeal the franchise permit fee imposed 61,769
under section 5112.31 of the Revised Code solely on the grounds 61,770
that the department of human JOB AND FAMILY services committed a 61,771
material error in determining the amount of the fee. A request 61,772
for an appeal must be received by the department not later than 61,773
fifteen days after the date the department mails the notice of 61,774
the fee and must include written materials setting forth the 61,775
basis for the appeal.
(B) If an intermediate care facility for the mentally 61,777
retarded submits a request for an appeal within the time required 61,778
under division (A) of this section, the department shall hold a 61,779
public hearing in Columbus not later than thirty days after the 61,781
date the department receives the request for an appeal. The 61,782
department shall, not later than ten days before the date of the 61,783
hearing, mail a notice of the date, time, and place of the
hearing to the facility. The department may hear all requested 61,784
appeals in one public hearing. 61,785
(C) On the basis of the evidence presented at the hearing 61,787
or any other evidence submitted by the intermediate care facility 61,788
for the mentally retarded, the department may adjust a fee. The 61,790
department's decision is final.
Sec. 5112.37. All installment payments and penalties paid 61,799
by an intermediate care facility for the mentally retarded under 61,800
1362
sections 5112.33 and 5112.34 of the Revised Code shall be 61,801
deposited into the "home and community-based services for the 61,802
mentally retarded and developmentally disabled fund," which is 61,803
hereby created in the state treasury. The department of human
JOB AND FAMILY services shall distribute the money in the fund in 61,804
accordance with rules adopted under section 5112.39 of the 61,805
Revised Code. The departments of human JOB AND FAMILY services 61,806
and mental retardation and developmental disabilities shall use 61,807
the money for the medical assistance program established under 61,808
Chapter 5111. of the Revised Code and home and community-based 61,809
services to mentally retarded and developmentally disabled 61,810
persons.
Sec. 5112.38. The department of human JOB AND FAMILY 61,819
services may make any investigation it considers appropriate to 61,822
obtain information necessary to fulfill its duties under sections 61,824
5112.30 to 5112.39 of the Revised Code. At the request of the 61,825
department, the attorney general shall aid in any such 61,826
investigations. The attorney general shall institute and 61,828
prosecute all necessary actions for the enforcement of sections 61,830
5112.30 to 5112.39 of the Revised Code, except that at the 61,832
request of the attorney general, the county prosecutor of the
county in which an intermediate care facility for the mentally 61,834
retarded that has failed to comply with those sections is located 61,836
shall institute and prosecute any necessary action against the 61,837
facility.
Sec. 5112.39. The department DIRECTOR of human JOB AND 61,847
FAMILY services shall adopt rules in accordance with Chapter 119. 61,849
of the Revised Code to do all of the following:
(A) Establish a composite inflation factor with which to 61,851
adjust franchise permit fees under section 5112.31 of the Revised 61,852
Code;
(B) Prescribe the actions the department will take to 61,854
cease implementation of sections 5112.30 to 5112.39 of the 61,855
Revised Code if the United States secretary of health and human 61,856
1363
services determines that the franchise permit fee imposed under 61,857
section 5112.31 of the Revised Code is an impermissible health
care-related tax under section 1903(w) of the "Social Security 61,858
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1396b(w), as amended; 61,859
(C) Establish the method of distributing the money in the 61,861
home and community-based services for the mentally retarded and 61,862
developmentally disabled fund created by section 5112.37 of the 61,863
Revised Code;
(D) Establish any other requirements or procedures it THE 61,865
DIRECTOR considers necessary to implement sections 5112.30 to 61,867
5112.39 of the Revised Code.
Sec. 5112.99. (A) The director of human JOB AND FAMILY 61,876
services shall impose a penalty of one hundred dollars for each 61,878
day that a hospital fails to report the information required 61,879
under section 5112.04 of the Revised Code on or before the dates 61,880
specified in that section.
(B) In addition to any other remedy available to the 61,882
department of human JOB AND FAMILY services under law to collect
unpaid assessments and transfers, the director shall impose a 61,883
penalty of ten per cent of the amount due, not to exceed twenty 61,884
thousand dollars, on any hospital that fails to pay assessments
or make intergovernmental transfers by the dates required by 61,885
rules adopted under section 5112.03 of the Revised Code. 61,886
(C) The director shall waive the penalties provided for in 61,888
divisions (A) and (B) of this section for good cause shown by the 61,890
hospital.
(D) All penalties imposed under this section shall be 61,892
deposited into the general revenue fund. 61,893
Sec. 5115.01. (A) There is hereby established the 61,902
disability assistance program. Except as provided in division 61,903
(D) of this section, a disability assistance recipient shall 61,905
receive financial assistance. Except as provided in section 61,906
5115.11 of the Revised Code, a disability assistance recipient 61,907
also shall receive disability assistance medical assistance. 61,908
1364
Except as provided by division (B) of this section, a 61,910
person who meets all of the following requirements is eligible 61,911
for disability assistance: 61,912
(1) The person is ineligible to participate in the Ohio 61,914
works first program established under Chapter 5107. of the 61,917
Revised Code and to receive supplemental security income provided 61,919
pursuant to Title XVI of the "Social Security Act," 86 Stat. 1475 61,920
(1972), 42 U.S.C.A. 1383, as amended;
(2) The person is at least one of the following: 61,922
(a) Under age eighteen; 61,924
(b) Age sixty or older; 61,926
(c) Pregnant; 61,928
(d) Unable to do any substantial or gainful activity by 61,930
reason of a medically determinable physical or mental impairment 61,931
that can be expected to result in death or has lasted or can be 61,932
expected to last for not less than nine months;
(e) An active participant in an alcohol or drug addiction 61,935
program certified by the department of alcohol and drug addiction 61,936
services under section 3793.06 of the Revised Code, including a 61,937
former recipient of supplemental security income who lost 61,938
eligibility for that program because of the enactment of 61,939
paragraph (b)(1) of section 105 of the "Contract With America 61,942
Advancement Act of 1996," 110 Stat. 847, 42 U.S.C. 1382c(a)(3). 61,947
A person on a waiting list to participate in an alcohol or drug 61,949
addiction program, or otherwise not participating in a program 61,950
while waiting for treatment services at a program to become 61,951
available, is not an active participant. 61,952
(f) Medication dependent as determined by a physician, as 61,954
defined in section 4730.01 of the Revised Code, who has certified 61,955
to the county department of human JOB AND FAMILY services that 61,956
the person is receiving ongoing treatment for a chronic medical 61,958
condition requiring continuous prescription medication for an
indefinite, long-term period of time and for whom the loss of the 61,959
medication would result in a significant risk of medical 61,960
1365
emergency and loss of employability lasting at least nine months. 61,961
(3) The person meets the eligibility requirements 61,963
established by the department of human services in rules adopted 61,964
under section 5115.05 of the Revised Code. 61,965
(B)(1) A person is ineligible for disability assistance if 61,967
the person is ineligible to participate in the Ohio works first 61,970
program because of any of the following:
(a) Section 5101.83, 5107.14, or 5107.16 of the Revised 61,974
Code;
(b) The person's extended eligibility to participate in 61,977
the Ohio works first program made possible by the earned income 61,978
disregard established under division (D)(2) of section 5107.10 of 61,980
the Revised Code has ceased due to the limited number of months 61,981
the disregard is applied;
(c) The time limit established by section 5107.18 of the 61,984
Revised Code;
(d) Failure to comply with an application or verification 61,987
procedure;
(e) The fraud control program established pursuant to 45 61,990
C.F.R. 235.112, as in effect July 1, 1996. 61,991
(2) A person under age eighteen is ineligible for 61,993
disability assistance pursuant to division (B)(1)(a) of this 61,995
section only if the person caused the assistance group to be 61,996
ineligible to participate in the Ohio works first program or 61,998
resides with a person age eighteen or older who was a member of 61,999
the same ineligible assistance group. A person age eighteen or 62,000
older is ineligible for disability assistance pursuant to 62,001
division (B)(1)(a) of this section regardless of whether the 62,002
person caused the assistance group to be ineligible to 62,003
participate in the Ohio works first program.
(C) The county department of human JOB AND FAMILY services 62,005
that serves the county in which a person receiving disability 62,007
assistance pursuant to division (A)(2)(e) of this section 62,008
participates in an alcohol or drug addiction program shall 62,009
1366
designate a representative payee for purposes of receiving and 62,010
distributing financial assistance provided under the disability 62,011
assistance program to the person. 62,012
(D) A person eligible for disability assistance pursuant 62,014
to division (A)(2)(f) of this section shall not receive financial 62,015
assistance.
(E) The department DIRECTOR OF JOB AND FAMILY SERVICES 62,017
shall adopt rules in accordance with section 111.15 of the 62,019
Revised Code defining terms and establishing standards for 62,020
determining whether a person meets a condition of disability 62,021
assistance eligibility pursuant to this section.
Sec. 5115.011. The department DIRECTOR of human JOB AND 62,031
FAMILY services shall adopt rules in accordance with section 62,033
111.15 of the Revised Code defining "assistance group" and 62,034
"family group" for the purpose of this chapter. The rules may
provide that "assistance group" means a group of applicants for 62,035
or recipients of aid under this chapter treated as a unit for 62,036
purposes of determining eligibility for and the amount of aid 62,037
provided under this chapter. The rules may provide that "family 62,038
group" means the members of an assistance group and persons
related by blood or marriage to a member of the assistance group 62,039
who lives in the same household as the assistance group. 62,040
Sec. 5115.012. Not later than July 1, 1997, and the first 62,050
day of each July thereafter, the department of human JOB AND 62,051
FAMILY services shall provide to the general assembly a report on 62,052
all of the following:
(A) The number of assistance groups denied eligibility for 62,055
disability assistance pursuant to division (B) of section 5115.01 62,056
of the Revised Code during the year the report covers and the 62,057
number of children in those assistance groups; 62,058
(B) The number of children who required services from a 62,061
public children services agency, as defined in section 2151.011 62,062
of the Revised Code, as a result of denial of disability 62,063
assistance pursuant to division (B) of section 5115.01 of the 62,065
1367
Revised Code during the year the report covers; 62,066
(C) The impact the need for the children services had on 62,068
counties.
Sec. 5115.02. (A) The state department of human JOB AND 62,077
FAMILY services shall supervise and administer the disability 62,079
assistance program, except that the state department may require 62,080
county departments of human JOB AND FAMILY services to perform 62,081
any administrative function specified in rules adopted by the 62,083
department DIRECTOR OF JOB AND FAMILY SERVICES, including making 62,085
determinations of financial eligibility and initial 62,086
determinations of whether an applicant meets a condition of 62,087
eligibility under division (A)(2)(d) of section 5115.01 of the 62,089
Revised Code, distributing financial assistance payments, 62,092
reimbursing providers of medical services for services provided 62,093
to disability assistance recipients, and any other function 62,094
specified in the rules. The state department may also require 62,095
county departments to make a final determination of whether an 62,096
applicant meets a condition for eligibility under division
(A)(2)(a), (b), (c), (e), or (f) of section 5115.01 of the 62,097
Revised Code. The state department shall make the final 62,098
determination of whether an applicant meets a condition of 62,099
eligibility under division (A)(2)(d) of section 5115.01 of the 62,100
Revised Code.
(B) If the state department requires county departments to 62,102
perform administrative functions under this section, the state 62,103
department DIRECTOR shall adopt rules in accordance with section 62,105
111.15 of the Revised Code governing the performance of the 62,106
functions to be performed by county departments. County 62,107
departments shall perform the functions in accordance with the 62,108
rules. 62,109
(C) If financial assistance payments or medical services 62,111
reimbursements are made by the county department of human JOB AND 62,112
FAMILY services, the state department shall advance sufficient 62,114
funds to provide the county treasurer with the amount estimated 62,115
1368
for the payments or reimbursements. Financial assistance 62,116
payments shall be distributed in accordance with sections 117.45, 62,117
319.16, and 329.03 of the Revised Code. 62,118
Sec. 5115.03. The state department DIRECTOR of human JOB 62,128
AND FAMILY services shall do both of the following: 62,129
(A) Adopt rules governing the administration of disability 62,132
assistance, including the administration of financial assistance 62,133
and disability assistance medical assistance. The rules shall be 62,135
binding on county departments of human JOB AND FAMILY services. 62,136
(B) Make investigations to determine whether disability 62,138
assistance is being administered in compliance with the Revised 62,139
Code and rules adopted by the state department DIRECTOR. 62,140
Sec. 5115.05. The state department DIRECTOR of human JOB 62,151
AND FAMILY services shall adopt rules establishing application 62,152
and verification procedures, reapplication procedures, and 62,153
income, resource, citizenship, age, residence, living 62,154
arrangement, assistance group composition, and other eligibility 62,155
requirements for disability assistance. The rules may provide 62,156
for disregarding amounts of earned and unearned income for the
purpose of determining whether an assistance group is eligible 62,157
for assistance and the amount of assistance provided under this 62,158
chapter. The rules also may provide that the income and 62,159
resources, or a certain amount of the income and resources, of a 62,160
member of an assistance group's family group will be included in 62,162
determining whether the assistance group is eligible for aid and 62,163
the amount of aid provided under this chapter. 62,164
If financial assistance under this chapter is to be paid by 62,167
the auditor of state through the medium of direct deposit, the 62,168
application shall be accompanied by information the auditor needs 62,169
to make direct deposits. 62,170
The state department OF JOB AND FAMILY SERVICES may require 62,172
recipients of disability assistance to participate in a 62,174
reapplication process two months after initial approval for 62,175
assistance has been determined and at such other times as the 62,176
1369
state department requires.
If a recipient of disability assistance, or the spouse of 62,178
or member of the assistance group of a recipient, becomes 62,179
possessed of resources or income in excess of the amount allowed 62,180
under rules adopted by the state department under this section, 62,181
or if other changes occur that affect the person's eligibility or 62,182
need for assistance, the recipient shall notify the state 62,183
department or county department of human JOB AND FAMILY services 62,184
within the time limits specified in the rules. Failure of a 62,186
recipient to report possession of excess resources or income or a 62,187
change affecting eligibility or need within those time limits 62,188
shall be considered prima-facie evidence of intent to defraud 62,189
under section 5115.15 of the Revised Code. 62,190
Each applicant for or recipient of disability assistance 62,192
shall make reasonable efforts to secure support from persons 62,193
responsible for the applicant's or recipient's support, and from 62,195
other sources, as a means of preventing or reducing the provision 62,196
of disability assistance at public expense. The state department 62,198
or county department may provide assistance to the applicant or 62,199
recipient in securing other forms of financial or medical 62,200
assistance.
Notwithstanding section 3109.01 of the Revised Code, when a 62,202
disability assistance applicant or recipient who is at least 62,203
eighteen but under twenty-two years of age resides with the 62,204
applicant's or recipient's parents, the income of the parents 62,205
shall be taken into account in determining the applicant's or 62,206
recipient's financial eligibility. The state department DIRECTOR 62,208
shall adopt rules for determining the amount of income to be 62,209
attributed to the assistance group of applicants in this age 62,210
category. 62,211
Any person who applies for assistance under this section 62,213
shall receive a voter registration application under section 62,214
3503.10 of the Revised Code. 62,215
Sec. 5115.061. In determining the eligibility of an 62,224
1370
assistance group for assistance under this chapter, the 62,225
department of human JOB AND FAMILY services shall exclude from 62,226
the income and resources applicable to the assistance group the
value of any tuition payment contract entered into under section 62,227
3334.09 of the Revised Code or any scholarship awarded under 62,228
section 3334.18 of the Revised Code and the amount of payments 62,229
made by the Ohio tuition trust authority under section 3334.09 of 62,230
the Revised Code pursuant to the contract or scholarship. The
department shall not require any person to terminate a tuition 62,231
payment contract entered into under Chapter 3334. of the Revised 62,232
Code as a condition of an assistance group's eligibility for 62,233
assistance under this chapter. The department, however, shall 62,234
consider as income any refund paid under section 3334.10 of the 62,235
Revised Code to a member of the assistance group.
Sec. 5115.07. Financial assistance under the disability 62,244
assistance program may be given by warrant, direct deposit, or, 62,245
if provided by the director of human JOB AND FAMILY services 62,246
pursuant to section 5101.33 of the Revised Code, by electronic 62,247
benefit transfer. It shall be inalienable whether by way of 62,248
assignment, charge, or otherwise, and is exempt from attachment, 62,249
garnishment, or other like process. Any direct deposit shall be 62,250
made to a financial institution and account designated by the 62,251
recipient. The state department DIRECTOR of human JOB AND FAMILY 62,252
services may adopt rules for designation of financial 62,254
institutions and accounts. No financial institution shall impose 62,255
any charge for direct deposit of disability assistance financial 62,256
assistance payments that it does not charge all customers for 62,257
similar services.
The state department of human JOB AND FAMILY services shall 62,260
establish financial assistance payment amounts based on state 62,261
appropriations. 62,262
Disability assistance may be given to persons living in 62,264
their own homes or other suitable quarters, but shall not be 62,265
given to persons who reside in a county home, city infirmary, 62,266
1371
jail, or public institution. Disability assistance shall not be 62,267
given to an unemancipated child unless the child lives with his 62,268
THE CHILD'S parents, guardians, or other persons standing in 62,269
place of parents. For the purpose of this section, a child is 62,270
emancipated if he THE CHILD is married, serving in the armed 62,271
forces, or has been emancipated by court order. 62,272
No person shall be eligible for disability assistance if, 62,274
for the purpose of avoiding consideration of property in 62,275
determinations of his THE PERSON'S eligibility for disability 62,276
assistance or a greater amount of assistance, he THE PERSON has 62,278
transferred property during the two years preceding his 62,280
application for or most recent redetermination of eligibility for 62,281
disability assistance.
Sec. 5115.10. (A) The disability assistance medical 62,290
assistance program shall consist of a system of managed primary 62,291
care. Until July 1, 1992, the program shall also include limited 62,292
hospital services, except that if prior to that date hospitals 62,293
are required by section 5112.17 of the Revised Code to provide 62,294
medical services without charge to persons specified in that 62,295
section, the program shall cease to include hospital services at 62,296
the time the requirement of section 5112.17 of the Revised Code 62,297
takes effect. 62,298
The state department of human JOB AND FAMILY services may 62,300
require disability assistance medical assistance recipients to 62,302
enroll in health insuring corporations or other managed care 62,303
programs, or may limit the number or type of health care 62,305
providers from which a recipient may receive services. 62,306
The state department DIRECTOR OF JOB AND FAMILY SERVICES 62,308
shall adopt rules governing the disability assistance medical 62,310
assistance program established under this division. The rules 62,311
shall specify all of the following: 62,312
(1) Services that will be provided under the system of 62,314
managed primary care; 62,315
(2) Hospital services that will be provided during the 62,317
1372
period that hospital services are provided under the program; 62,318
(3) The maximum authorized amount, scope, duration, or 62,320
limit of payment for services. 62,321
(B) The director of human JOB AND FAMILY services shall 62,323
designate medical services providers for the disability 62,324
assistance medical assistance program. The first such 62,325
designation shall be made not later than September 30, 1991. 62,326
Services under the program shall be provided only by providers 62,327
designated by the director. The director may require that, as a 62,328
condition of being designated a disability assistance medical 62,329
assistance provider, a provider enter into a provider agreement 62,330
with the state department.
(C) As long as the disability assistance medical 62,332
assistance program continues to include hospital services, the 62,333
state department or a county director of human JOB AND FAMILY 62,335
services may, pursuant to rules adopted by the state department 62,336
under this section, approve an application for disability 62,337
assistance medical assistance for emergency inpatient hospital 62,338
services when care has been given to a person who had not 62,339
completed a sworn application for disability assistance at the 62,340
time the care was rendered, if all of the following apply: 62,341
(1) The person files an application for disability 62,343
assistance within sixty days after being discharged from the 62,344
hospital or, if the conditions of division (D) of this section 62,345
are met, while in the hospital; 62,346
(2) The person met all eligibility requirements for 62,348
disability assistance at the time the care was rendered; 62,349
(3) The care given to the person was a medical service 62,351
within the scope of disability assistance medical assistance as 62,352
established under rules adopted by the department DIRECTOR of 62,353
human JOB AND FAMILY services. 62,354
(D) If a person files an application for disability 62,356
assistance medical assistance for emergency inpatient hospital 62,357
services while in the hospital, a face-to-face interview shall be 62,358
1373
conducted with the applicant while the applicant is in the 62,359
hospital to determine whether the applicant is eligible for the 62,361
assistance. If the hospital agrees to reimburse the county 62,363
department of human JOB AND FAMILY services for all actual costs 62,364
incurred by the department in conducting the interview, the 62,365
interview shall be conducted by an employee of the county 62,366
department. If, at the request of the hospital, the county 62,367
department designates an employee of the hospital to conduct the 62,368
interview, the interview shall be conducted by the hospital 62,369
employee.
(E) The state department of human JOB AND FAMILY services 62,372
may assume responsibility for peer review of expenditures for 62,373
disability assistance medical assistance. 62,374
Sec. 5115.13. The acceptance of disability assistance 62,383
under this chapter constitutes an assignment to the department of 62,384
human JOB AND FAMILY services of any rights an individual 62,385
receiving disability assistance has to support from any other
person, excluding medical support assigned pursuant to section 62,386
5101.59 of the Revised Code. The rights to support assigned to 62,387
the department pursuant to this section constitute an obligation 62,388
of the person responsible for providing the support to the state 62,389
for the amount of disability assistance payments to the recipient 62,390
or recipients whose needs are included in determining the amount
of disability assistance received. Support payments assigned to 62,391
the state pursuant to this section shall be collected by the 62,392
county department of human JOB AND FAMILY services and 62,393
reimbursements for disability assistance payments shall be 62,394
credited to the state treasury. 62,395
Sec. 5115.15. As used in this section, "erroneous 62,404
payments" means disability assistance payments, including 62,405
disability assistance medical assistance payments, made to 62,406
persons who are not entitled to receive them, including payments 62,407
made as a result of misrepresentation or fraud, and payments made 62,408
due to an error by the recipient or by the county department of 62,409
1374
human JOB AND FAMILY services that made the payment. 62,410
The state department of human JOB AND FAMILY services, or a 62,413
county department of human JOB AND FAMILY services at the request 62,414
of the state department, shall take action to recover erroneous 62,415
payments. The state department or county department may 62,416
institute a civil action to recover erroneous payments. 62,417
Whenever disability assistance has been furnished to a 62,419
recipient for whose support another person is responsible, the 62,420
other person shall, in addition to the liability otherwise 62,421
imposed, as a consequence of failure to support the recipient, be 62,422
liable for all disability assistance furnished the recipient. The 62,424
value of the assistance so furnished may be recovered in a civil 62,425
action brought by the county department of human JOB AND FAMILY 62,426
services.
Each county department of human JOB AND FAMILY services 62,428
shall retain fifty per cent of the erroneous payments it recovers 62,430
under this section. The state department of human JOB AND FAMILY 62,431
services shall receive the remaining fifty per cent. 62,433
Sec. 5115.20. (A) The state department of human JOB AND 62,442
FAMILY services shall establish a disability advocacy program and 62,444
each county department of human JOB AND FAMILY services shall 62,446
establish a disability advocacy program unit or join with other 62,447
county departments of human JOB AND FAMILY services to establish 62,448
a joint county disability advocacy program unit. Through the 62,449
program the state DEPARTMENT and county departments shall 62,450
cooperate in efforts to assist applicants for and recipients of 62,452
assistance under this chapter who might be eligible for 62,454
supplemental security income benefits under Title XVI of the
"Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383, as 62,455
amended, in applying for those benefits. The state department 62,456
and county departments may enter into contracts for services to 62,457
applicants for and recipients of assistance under this chapter 62,458
who might be eligible for supplemental security income benefits 62,460
with persons and governmental entities that in the judgment of 62,461
1375
the state DEPARTMENT or county department have demonstrated 62,463
expertise in representing persons seeking supplemental security 62,464
income benefits. Each contract shall require the person or 62,465
entity with which a department contracts to assess each person 62,466
referred to it by the department to determine whether the person 62,467
appears to be eligible for supplemental security income benefits, 62,468
and, if the person appears to be eligible, assist him THE PERSON 62,469
in applying and represent him THE PERSON in any proceeding of the 62,470
social security administration, including any appeal or 62,471
reconsideration of a denial of benefits. The state DEPARTMENT or 62,472
county department shall provide to the person or entity with 62,473
which it contracts all records in its possession relevant to the 62,474
application for supplemental security income benefits. The state 62,476
department shall require a county department with relevant 62,477
records to submit them to the person or entity.
(B) Each applicant for or recipient of assistance under 62,479
this chapter who, in the judgment of the state department or a 62,480
county department might be eligible for supplemental security 62,481
benefits, must, as a condition of eligibility for assistance, 62,482
apply for such benefits if directed to do so by the state 62,483
department or county department. 62,484
(C) Each county department of human JOB AND FAMILY 62,486
services shall do all of the following: 62,487
(1) Identify applicants for and recipients of assistance 62,489
under this chapter who might be eligible for supplemental 62,490
security income benefits;
(2) Assist applicants for and recipients of assistance 62,492
under this chapter in securing documentation of disabling 62,493
conditions or refer them for such assistance to a person or 62,494
government agency with which the state department or county 62,495
department has contracted under division (A) of this section; 62,496
(3) Inform applicants for and recipients of assistance 62,498
under this chapter of available sources of representation, which 62,499
may include a person or government entity with which the state 62,500
1376
department or county department has contracted under division (A) 62,501
of this section, and of their right to represent themselves in 62,502
reconsiderations and appeals of social security administration 62,503
decisions that deny them supplemental security income benefits. 62,504
The county department may require the applicants and recipients, 62,505
as a condition of eligibility for assistance, to pursue 62,506
reconsiderations and appeals of social security administration 62,507
decisions that deny them supplemental security income benefits, 62,508
and shall assist applicants and recipients as necessary to obtain 62,509
such benefits or refer them to a person or government agency with 62,510
which the state department or county department has contracted 62,511
under division (A) of this section. 62,512
(4) Require applicants for and recipients of assistance 62,514
under this chapter who, in the judgment of the county department, 62,515
are or may be aged, blind, or disabled, to apply for medical 62,516
assistance under Chapter 5111. of the Revised Code, make 62,517
determinations when appropriate as to eligibility for medical 62,518
assistance, and refer their applications when necessary to the 62,519
disability determination unit established in accordance with
division (F) of this section for expedited review; 62,520
(5) Require each applicant for and each recipient of 62,522
assistance under this chapter who in the judgment of the state 62,523
department or the county department might be eligible for 62,526
supplemental security income benefits, as a condition of 62,527
eligibility for assistance under this chapter, to execute a 62,529
written authorization for the secretary of health and human
services to withhold benefits due that individual and pay to the 62,531
director of human JOB AND FAMILY services or the director's 62,532
designee an amount sufficient to reimburse the state and county 62,533
shares of interim assistance furnished to the individual. For 62,534
the purposes of division (C)(5) of this section, "benefits" and 62,535
"interim assistance" have the meanings given in Title XVI of the 62,537
"Social Security Act."
(D) The state department DIRECTOR OF JOB AND FAMILY 62,539
1377
SERVICES shall adopt rules in accordance with Chapter 119. of the 62,541
Revised Code for the effective administration of the disability
advocacy program. The rules shall include all of the following: 62,542
(1) Methods to be used in collecting information from and 62,544
disseminating it to county departments, including the following: 62,545
(a) The number of disabled recipients of assistance under 62,547
this chapter in the county; 62,548
(b) The final decision made either by the social security 62,550
administration or by a court for each application or 62,551
reconsideration in which an individual was assisted pursuant to 62,552
this section. 62,553
(2) The type and process of training to be provided by the 62,555
department of human JOB AND FAMILY services to the employees of 62,556
the county department of human JOB AND FAMILY services who 62,557
perform duties under this section; 62,559
(3) Requirements for the written authorization required by 62,561
division (C)(5) of this section. 62,562
(E) The state department shall provide basic and 62,564
continuing training to employees of the county department of 62,567
human JOB AND FAMILY services who perform duties under this 62,569
section. Training shall include but not be limited to all
processes necessary to obtain federal disability benefits, and 62,570
methods of advocacy. 62,571
(F) The state department shall establish a disability 62,573
determination unit and develop guidelines for expediting reviews 62,574
of applications for medical assistance under Chapter 5111. of the 62,575
Revised Code for persons who have been referred to the unit under 62,576
division (C)(4) of this section. The department shall make 62,577
determinations of eligibility for medical assistance for any such 62,578
person within the time prescribed by federal regulations. 62,579
(G) The state department may, under rules it THE DIRECTOR 62,581
OF JOB AND FAMILY SERVICES adopts in accordance with section 62,583
111.15 of the Revised Code, pay a portion of the federal 62,584
reimbursement described in division (C)(5) of this section to 62,585
1378
persons or agencies that assist or represent assistance 62,586
recipients in reconsiderations and appeals of social security 62,587
administration decisions denying them supplemental security 62,588
income benefits.
Sec. 5119.221. (A) Upon petition by the director of 62,597
mental health, the court of common pleas or the probate court may 62,598
appoint a receiver to take possession of and operate a 62,599
residential facility licensed pursuant to section 5119.22 of the 62,600
Revised Code, when conditions existing at the residential 62,601
facility present a substantial risk of physical or mental harm to 62,602
residents and no other remedies at law are adequate to protect 62,603
the health, safety, and welfare of the residents. 62,604
Petitions filed pursuant to this section shall include: 62,606
(1) A description of the specific conditions existing at 62,608
the residential facility which present a substantial risk of 62,609
physical or mental harm to residents; 62,610
(2) A statement of the absence of other adequate remedies 62,612
at law; 62,613
(3) The number of individuals residing at the facility; 62,615
(4) A statement that the facts have been brought to the 62,617
attention of the owner or licensee and that conditions have not 62,618
been remedied within a reasonable period of time or that the 62,619
conditions, though remedied periodically, habitually exist at the 62,620
residential facility as a pattern or practice; and 62,621
(5) The name and address of the person holding the license 62,623
for the residential facility. 62,624
(B) A court in which a petition is filed pursuant to this 62,626
section shall notify the person holding the license for the 62,627
facility of the filing. The department shall send notice of the 62,628
filing to the following, as appropriate: the legal rights 62,629
service created pursuant to section 5123.60 of the Revised Code; 62,630
facility owner; facility operator; board of alcohol, drug 62,631
addiction, and mental health services; board of health; 62,632
department of mental retardation and developmental disabilities; 62,633
1379
department of human JOB AND FAMILY services; facility residents; 62,634
and residents' families and guardians. The court shall provide a 62,635
hearing on the petition within five court days of the time it was 62,636
filed, except that the court may appoint a receiver prior to that 62,637
time if it determines that the circumstances necessitate such 62,638
action.
Following a hearing on the petition, and upon a 62,640
determination that the appointment of a receiver is warranted, 62,641
the court shall appoint a receiver and notify the department of 62,642
mental health and appropriate persons of this action. 62,643
In setting forth the powers of the receiver, the court may 62,645
generally authorize the receiver to do all that is prudent and 62,646
necessary to safely and efficiently operate the residential 62,647
facility within the requirements of state and federal law, but 62,648
shall require the receiver to obtain court approval prior to 62,649
making any single expenditure of more than five thousand dollars 62,650
to correct deficiencies in the structure or furnishings of a 62,651
facility. The court shall closely review the conduct of the 62,652
receiver and shall require regular and detailed reports. 62,653
(C) A receivership established pursuant to this section 62,655
shall be terminated, following notification of the appropriate 62,656
parties and a hearing, if the court determines either of the 62,657
following: 62,658
(1) The residential facility has been closed and the 62,660
former residents have been relocated to an appropriate facility; 62,661
(2) Circumstances no longer exist at the residential 62,663
facility which present a substantial risk of physical or mental 62,664
harm to residents, and there is no deficiency in the residential 62,665
facility that is likely to create a future risk of harm. 62,666
Notwithstanding division (C)(2) of this section, the court 62,668
shall not terminate a receivership for a residential facility 62,669
that has previously operated under another receivership unless 62,670
the responsibility for the operation of the facility is 62,671
transferred to an operator approved by the court and the 62,672
1380
department of mental health. 62,673
(D) Except for the department of mental health or 62,675
appropriate board of alcohol, drug addiction, and mental health 62,676
services, no party or person interested in an action shall be 62,677
appointed a receiver pursuant to this section. 62,678
To assist the court in identifying persons qualified to be 62,680
named as receivers, the director of the department of mental 62,681
health shall maintain a list of the names of such persons. The 62,682
department of mental health, the department of human JOB AND 62,683
FAMILY services, and the department of health shall provide 62,684
technical assistance to any receiver appointed pursuant to this 62,685
section.
Before a receiver enters ENTERING upon his THE duties OF 62,688
RECEIVER, he THE RECEIVER must be sworn to perform his THE duties 62,689
faithfully, and, with surety approved by the court, judge, or 62,691
clerk, execute a bond to such person, and in such sum as the 62,692
court or judge directs, to the effect that such receiver will 62,693
faithfully discharge the duties of receiver in the action, and 62,694
obey the orders of the court therein.
(1) Under the control of the APPOINTING court which 62,696
appointed him, a receiver may do the following: 62,697
(a) Bring and defend actions in his THE APPOINTEE'S name 62,699
as receiver; 62,700
(b) Take and keep possession of property. 62,702
(2) The court shall authorize the receiver to do the 62,704
following: 62,705
(a) Collect payment for all goods and services provided to 62,707
the residents or others during the period of the receivership at 62,708
the same rate as was charged by the licensee at the time the 62,709
petition for receivership was filed, unless a different rate is 62,710
set by the court; 62,711
(b) Honor all leases, mortgages, and secured transactions 62,713
governing all buildings, goods, and fixtures of which the 62,714
receiver has taken possession, but, in the case of a rental 62,715
1381
agreement only to the extent of payments that are for the use of 62,716
the property during the period of the receivership, or, in the 62,717
case of a purchase agreement, only to the extent that payments 62,718
come due during the period of the receivership; 62,719
(c) If transfer of residents is necessary, provide for the 62,721
orderly transfer of residents by: 62,722
(i) Cooperating with all appropriate state and local 62,724
agencies in carrying out the transfer of residents to alternative 62,725
community placements; 62,726
(ii) Providing for the transportation of residents' 62,728
belongings and records; 62,729
(iii) Helping to locate alternative placements and develop 62,731
plans for transfer; 62,732
(iv) Encouraging residents or guardians to participate in 62,734
transfer planning except when an emergency exists and immediate 62,735
transfer is necessary. 62,736
(d) Make periodic reports on the status of the residential 62,738
facility to the court; the appropriate state agencies; and the 62,739
board of alcohol, drug addiction, and mental health services. 62,740
Each report shall be made available to residents, their 62,741
guardians, and families. 62,742
(e) Compromise demands or claims; and 62,744
(f) Generally do such acts respecting the residential 62,746
facility as the court authorizes. 62,747
Notwithstanding any other provision of law, contracts which 62,749
are necessary to carry out the powers and duties of the receiver 62,750
need not be competitively bid. 62,751
Sec. 5120.37. The department of rehabilitation and 62,760
correction shall enter into an agreement with the department of 62,761
human JOB AND FAMILY services to exchange or share information 62,762
monthly concerning persons under the control or supervision of 62,764
the department of rehabilitation and correction. 62,765
Sec. 5123.01. As used in this chapter: 62,774
(A) "Chief medical officer" means the licensed physician 62,776
1382
appointed by the managing officer of an institution for the 62,777
mentally retarded with the approval of the director of mental 62,778
retardation and developmental disabilities to provide medical 62,779
treatment for residents of the institution. 62,780
(B) "Chief program director" means a person with special 62,782
training and experience in the diagnosis and management of the 62,783
mentally retarded, certified according to division (C) of this 62,784
section in at least one of the designated fields, and appointed 62,785
by the managing officer of an institution for the mentally 62,786
retarded with the approval of the director to provide 62,787
habilitation and care for residents of the institution. 62,788
(C) "Comprehensive evaluation" means a study including a 62,790
sequence of observations and examinations of a person leading to 62,791
conclusions and recommendations formulated jointly, with 62,792
dissenting opinions if any, by a group of persons with special 62,793
training and experience in the diagnosis and management of 62,794
mentally retarded or developmentally disabled persons, which 62,795
group shall include individuals who are professionally qualified 62,796
in the fields of medicine, education, psychology, and social 62,797
work, together with such other specialists as the individual case 62,798
may require. 62,799
(D) "Education" means the process of formal training and 62,801
instruction to facilitate the intellectual and emotional 62,802
development of residents. 62,803
(E) "Habilitation" means the process by which the staff of 62,805
the institution assists the resident in acquiring and maintaining 62,806
those life skills that enable the resident to cope more 62,807
effectively with the demands of the resident's own person and of 62,809
the resident's environment and in raising the level of the 62,811
resident's physical, mental, social, and vocational efficiency. 62,813
Habilitation includes but is not limited to programs of formal, 62,814
structured education and training.
(F) "Health officer" means any public health physician, 62,816
public health nurse, or other person authorized or designated by 62,817
1383
a city or general health district. 62,818
(G) "Indigent person" means a person who is unable, 62,820
without substantial financial hardship, to provide for the 62,821
payment of an attorney and for other necessary expenses of legal 62,822
representation, including expert testimony. 62,823
(H) "Institution" means a public or private facility, or a 62,825
part of a public or private facility, that is licensed by the 62,827
appropriate state department and is equipped to provide 62,828
residential habilitation, care, and treatment for the mentally 62,829
retarded.
(I) "Licensed physician" means a person who holds a valid 62,831
certificate issued under Chapter 4731. of the Revised Code 62,832
authorizing the person to practice medicine and surgery or 62,833
osteopathic medicine and surgery, or a medical officer of the 62,834
government of the United States while in the performance of the 62,835
officer's official duties.
(J) "Managing officer" means a person who is appointed by 62,837
the director of mental retardation and developmental disabilities 62,838
to be in executive control of an institution for the mentally 62,839
retarded under the jurisdiction of the department. 62,840
(K) "Mentally retarded person" means a person having 62,842
significantly subaverage general intellectual functioning 62,843
existing concurrently with deficiencies in adaptive behavior, 62,844
manifested during the developmental period. 62,845
(L) "Mentally retarded person subject to 62,847
institutionalization by court order" means a person eighteen 62,848
years of age or older who is at least moderately mentally 62,849
retarded and in relation to whom, because of the person's 62,850
retardation, either of the following conditions exist: 62,851
(1) The person represents a very substantial risk of 62,853
physical impairment or injury to self as manifested by evidence 62,855
that the person is unable to provide for and is not providing for 62,857
the person's most basic physical needs and that provision for 62,858
those needs is not available in the community; 62,859
1384
(2) The person needs and is susceptible to significant 62,861
habilitation in an institution. 62,862
(M) "A person who is at least moderately mentally 62,864
retarded" means a person who is found, following a comprehensive 62,865
evaluation, to be impaired in adaptive behavior to a moderate 62,866
degree and to be functioning at the moderate level of 62,867
intellectual functioning in accordance with standard measurements 62,868
as recorded in the most current revision of the manual of 62,869
terminology and classification in mental retardation published by 62,870
the American association on mental retardation. 62,871
(N) As used in this division, "substantial functional 62,873
limitation," "developmental delay," and "established risk" have 62,874
the meanings established pursuant to section 5123.011 of the 62,875
Revised Code.
"Developmental disability" means a severe, chronic 62,877
disability that is characterized by all of the following: 62,878
(1) It is attributable to a mental or physical impairment 62,880
or a combination of mental and physical impairments, other than a 62,881
mental or physical impairment solely caused by mental illness as 62,882
defined in division (A) of section 5122.01 of the Revised Code. 62,883
(2) It is manifested before age twenty-two. 62,885
(3) It is likely to continue indefinitely. 62,887
(4) It results in one of the following: 62,889
(a) In the case of a person under three years of age, at 62,891
least one developmental delay or an established risk; 62,893
(b) In the case of a person at least three years of age 62,895
but under six years of age, at least two developmental delays or 62,896
an established risk; 62,897
(c) In the case of a person six years of age or older, a 62,899
substantial functional limitation in at least three of the 62,900
following areas of major life activity, as appropriate for the 62,901
person's age: self-care, receptive and expressive language, 62,902
learning, mobility, self-direction, capacity for independent 62,903
living, and, if the person is at least sixteen years of age, 62,904
1385
capacity for economic self-sufficiency. 62,905
(5) It causes the person to need a combination and 62,907
sequence of special, interdisciplinary, or other type of care, 62,908
treatment, or provision of services for an extended period of 62,909
time that is individually planned and coordinated for the person. 62,910
(O) "Developmentally disabled person" means a person with 62,912
a developmental disability. 62,913
(P) "State institution" means an institution that is 62,915
tax-supported and under the jurisdiction of the department. 62,916
(Q) "Residence" and "legal residence" have the same 62,918
meaning as "legal settlement," which is acquired by residing in 62,919
Ohio for a period of one year without receiving general 62,920
assistance prior to July 17, 1995, under former Chapter 5113. of 62,922
the Revised Code, disability assistance under Chapter 5115. of 62,923
the Revised Code, or assistance from a private agency that 62,924
maintains records of assistance given. A person having a legal 62,925
settlement in the state shall be considered as having legal
settlement in the assistance area in which the person resides. 62,926
No adult person coming into this state and having a spouse or 62,928
minor children residing in another state shall obtain a legal 62,929
settlement in this state as long as the spouse or minor children 62,931
are receiving public assistance, care, or support at the expense
of the other state or its subdivisions. For the purpose of 62,932
determining the legal settlement of a person who is living in a 62,933
public or private institution or in a home subject to licensing 62,934
by the department of human JOB AND FAMILY services, the
department of mental health, or the department of mental 62,935
retardation and developmental disabilities, the residence of the 62,936
person shall be considered as though the person were residing in 62,937
the county in which the person was living prior to the person's 62,938
entrance into the institution or home. Settlement once acquired 62,939
shall continue until a person has been continuously absent from 62,940
Ohio for a period of one year or has acquired a legal residence 62,941
in another state. A woman who marries a man with legal 62,942
1386
settlement in any county immediately acquires the settlement of 62,943
her husband. The legal settlement of a minor is that of the 62,944
parents, surviving parent, sole parent, parent who is designated 62,945
the residential parent and legal custodian by a court, other 62,946
adult having permanent custody awarded by a court, or guardian of 62,947
the person of the minor, provided that:
(1) A minor female who marries shall be considered to have 62,949
the legal settlement of her husband and, in the case of death of 62,950
her husband or divorce, she shall not thereby lose her legal 62,952
settlement obtained by the marriage. 62,953
(2) A minor male who marries, establishes a home, and who 62,955
has resided in this state for one year without receiving general 62,956
assistance prior to July 17, 1995, under former Chapter 5113. of 62,958
the Revised Code, disability assistance under Chapter 5115. of 62,959
the Revised Code, or assistance from a private agency that 62,960
maintains records of assistance given shall be considered to have 62,962
obtained a legal settlement in this state.
(3) The legal settlement of a child under eighteen years 62,965
of age who is in the care or custody of a public or private child 62,966
caring agency shall not change if the legal settlement of the 62,967
parent changes until after the child has been in the home of the 62,968
parent for a period of one year.
No person, adult or minor, may establish a legal settlement 62,970
in this state for the purpose of gaining admission to any state 62,971
institution. 62,972
(R)(1) "Resident" means, subject to division (R)(2) of 62,974
this section, a person who is admitted either voluntarily or 62,976
involuntarily to an institution or other facility pursuant to
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised 62,978
Code subsequent to a finding of not guilty by reason of insanity 62,979
or incompetence to stand trial or under this chapter who is under 62,980
observation or receiving habilitation and care in an institution. 62,981
(2) "Resident" does not include a person admitted to an 62,983
institution or other facility under section 2945.39, 2945.40, 62,984
1387
2945.401, or 2945.402 of the Revised Code to the extent that the 62,985
reference in this chapter to resident, or the context in which 62,987
the reference occurs, is in conflict with any provision of 62,988
sections 2945.37 to 2945.402 of the Revised Code.
(S) "Respondent" means the person whose detention, 62,990
commitment, or continued commitment is being sought in any 62,991
proceeding under this chapter. 62,992
(T) "Working day" and "court day" mean Monday, Tuesday, 62,994
Wednesday, Thursday, and Friday, except when such day is a legal 62,995
holiday. 62,996
(U) "Prosecutor" means the prosecuting attorney, village 62,998
solicitor, city director of law, or similar chief legal officer 62,999
who prosecuted a criminal case in which a person was found not 63,000
guilty by reason of insanity, who would have had the authority to 63,001
prosecute a criminal case against a person if the person had not 63,002
been found incompetent to stand trial, or who prosecuted a case 63,003
in which a person was found guilty. 63,004
(V) "Court" means the probate division of the court of 63,006
common pleas. 63,007
Sec. 5123.181. The director of mental retardation and 63,016
developmental disabilities and the director of human JOB AND 63,017
FAMILY services shall, in concert with each other, eliminate all 63,019
double billings and double payments for services on behalf of 63,020
mentally retarded and developmentally disabled persons in 63,021
intermediate care facilities. The department of mental 63,022
retardation and developmental disabilities may enter into 63,023
contracts with providers of services for the purpose of making 63,024
payments to such providers for services rendered to eligible 63,025
clients who are mentally retarded or developmentally disabled 63,026
persons over and above the services authorized and paid under 63,027
Chapter 5111. of the Revised Code. Payments authorized under 63,028
this section and section 5123.18 of the Revised Code shall not be 63,029
subject to audit findings pursuant to Chapter 5111. of the 63,030
Revised Code unless such audit determines that payment was made 63,031
1388
to the provider for services that were not rendered in accordance 63,032
with the provisions of the provider agreement entered into with 63,033
the department of human JOB AND FAMILY services or the department
of mental retardation and developmental disabilities pursuant to 63,034
this section.
Sec. 5123.191. (A) The court of common pleas or a judge 63,043
thereof in his THE JUDGE'S county, or the probate court, may 63,044
appoint a receiver to take possession of and operate a 63,046
residential facility licensed by the department of mental 63,047
retardation and developmental disabilities, in causes pending in 63,048
such courts respectively, when conditions existing at the 63,049
facility present a substantial risk of physical or mental harm to 63,050
residents and no other remedies at law are adequate to protect 63,051
the health, safety, and welfare of the residents. Conditions at 63,052
the facility that may present such risk of harm include, but are 63,053
not limited to, instances when any of the following occur: 63,054
(1) The residential facility is in violation of state or 63,056
federal law or regulations. 63,057
(2) The facility has had its license revoked or procedures 63,059
for revocation have been initiated, or the facility is closing or 63,060
intends to cease operations. 63,061
(3) Arrangements for relocating residents need to be made. 63,063
(4) Insolvency of the operator, licensee, or landowner 63,065
threatens the operation of the facility. 63,066
(5) The facility or operator has demonstrated a pattern 63,068
and practice of repeated violations of state or federal laws or 63,069
regulations. 63,070
(B) A court in which a petition is filed pursuant to this 63,072
section shall notify the person holding the license for the 63,073
facility and the department of mental retardation and 63,074
developmental disabilities of the filing. The court shall order 63,075
the department to notify the legal rights service, facility 63,076
owner, facility operator, county board of mental retardation and 63,077
developmental disabilities, facility residents, and residents' 63,078
1389
parents and guardians of the filing of the petition. 63,079
The court shall provide a hearing on the petition within 63,081
five court days of the time it was filed, except that the court 63,082
may appoint a receiver prior to that time if it determines that 63,083
the circumstances necessitate such action. Following a hearing 63,084
on the petition, and upon a determination that the appointment of 63,085
a receiver is warranted, the court shall appoint a receiver and 63,086
notify the department of mental retardation and developmental 63,087
disabilities and appropriate persons of this action. 63,088
(C) A residential facility for which a receiver has been 63,090
named is deemed to be in compliance with section 5123.19 and 63,091
Chapter 3721. of the Revised Code for the duration of the 63,092
receivership. 63,093
(D) When the operating revenue of a residential facility 63,095
in receivership is insufficient to meet its operating expenses, 63,096
including the cost of bringing the facility into compliance with 63,097
state or federal laws or regulations, the court may order the 63,098
state to provide necessary funding, except as provided in 63,099
division (K) of this section. The state shall provide such 63,100
funding, subject to the approval of the controlling board. The 63,101
court may also order the appropriate authorities to expedite all 63,102
inspections necessary for the issuance of licenses or the 63,103
certification of a facility, and order a facility to be closed if 63,104
it determines that reasonable efforts cannot bring the facility 63,105
into substantial compliance with the law. 63,106
(E) In establishing a receivership, the court shall set 63,108
forth the powers and duties of the receiver. The court may 63,109
generally authorize the receiver to do all that is prudent and 63,110
necessary to safely and efficiently operate the residential 63,111
facility within the requirements of state and federal law, but 63,112
shall require the receiver to obtain court approval prior to 63,113
making any single expenditure of more than five thousand dollars 63,114
to correct deficiencies in the structure or furnishings of a 63,115
facility. The court shall closely review the conduct of the 63,116
1390
receiver it has appointed and shall require regular and detailed 63,117
reports. The receivership shall be reviewed at least every sixty 63,118
days. 63,119
(F) A receivership established pursuant to this section 63,121
shall be terminated, following notification of the appropriate 63,122
parties and a hearing, if the court determines either of the 63,123
following: 63,124
(1) The residential facility has been closed and the 63,126
former residents have been relocated to an appropriate facility. 63,127
(2) Circumstances no longer exist at the facility that 63,129
present a substantial risk of physical or mental harm to 63,130
residents, and there is no deficiency in the facility that is 63,131
likely to create a future risk of harm. 63,132
Notwithstanding division (F)(2) of this section, the court 63,134
shall not terminate a receivership for a residential facility 63,135
that has previously operated under another receivership unless 63,136
the responsibility for the operation of the facility is 63,137
transferred to an operator approved by the court and the 63,138
department of mental retardation and developmental disabilities. 63,139
(G) The department of mental retardation and developmental 63,141
disabilities may, upon its own initiative or at the request of an 63,142
owner, operator, or resident of a residential facility, or at the 63,143
request of a resident's guardian or relative, a county board of 63,144
mental retardation and developmental disabilities, or the legal 63,145
rights service, petition the court to appoint a receiver to take 63,146
possession of and operate a residential facility. When the 63,147
department has been requested to file a petition by any of the 63,148
parties listed above, it shall, within forty-eight hours of such 63,149
request, either file such a petition or notify the requesting 63,150
party of its decision not to file. If the department refuses to 63,151
file, the requesting party may file a petition with the court 63,152
requesting the appointment of a receiver to take possession of 63,153
and operate a residential facility. 63,154
Petitions filed pursuant to this division shall include the 63,156
1391
following: 63,157
(1) A description of the specific conditions existing at 63,159
the facility which present a substantial risk of physical or 63,160
mental harm to residents; 63,161
(2) A statement of the absence of other adequate remedies 63,163
at law; 63,164
(3) The number of individuals residing at the facility; 63,166
(4) A statement that the facts have been brought to the 63,168
attention of the owner or licensee and that conditions have not 63,169
been remedied within a reasonable period of time or that the 63,170
conditions, though remedied periodically, habitually exist at the 63,171
facility as a pattern or practice; 63,172
(5) The name and address of the person holding the license 63,174
for the facility and the address of the department of mental 63,175
retardation and developmental disabilities. 63,176
The court may award to an operator appropriate costs and 63,178
expenses, including reasonable attorney's fees, if it determines 63,179
that a petitioner has initiated a proceeding in bad faith or 63,180
merely for the purpose of harassing or embarrassing the operator. 63,181
(H) Except for the department of mental retardation and 63,183
developmental disabilities or a county board of mental 63,184
retardation and developmental disabilities, no party or person 63,185
interested in an action shall be appointed a receiver pursuant to 63,186
this section. 63,187
To assist the court in identifying persons qualified to be 63,189
named as receivers, the director of mental retardation and 63,190
developmental disabilities or his THE DIRECTOR'S designee shall 63,191
maintain a list of the names of such persons. The director 63,193
shall, in accordance with Chapter 119. of the Revised Code, 63,194
establish standards for evaluating persons desiring to be 63,195
included on such a list.
(I) Before a receiver enters upon his THE duties OF THAT 63,197
PERSON, he THE RECEIVER must be sworn to perform his THE duties 63,199
OF RECEIVER faithfully, and, with surety approved by the court, 63,201
1392
judge, or clerk, execute a bond to such person, and in such sum 63,202
as the court or judge directs, to the effect that such receiver 63,203
will faithfully discharge the duties of receiver in the action, 63,204
and obey the orders of the court therein.
(J) Under the control of the APPOINTING court which 63,206
appointed him, a receiver may bring and defend actions in his THE 63,208
RECEIVER'S OWN name as receiver and take and keep possession of 63,210
property.
The court shall authorize the receiver to do the following: 63,212
(1) Collect payment for all goods and services provided to 63,214
the residents or others during the period of the receivership at 63,215
the same rate as was charged by the licensee at the time the 63,216
petition for receivership was filed, unless a different rate is 63,217
set by the court; 63,218
(2) Honor all leases, mortgages, and secured transactions 63,220
governing all buildings, goods, and fixtures of which the 63,221
receiver has taken possession and continues to use, subject to 63,222
the following conditions: 63,223
(a) In the case of a rental agreement, only to the extent 63,225
of payments that are for the use of the property during the 63,226
period of the receivership; 63,227
(b) In the case of a purchase agreement only to the extent 63,230
of payments that come due during the period of the receivership; 63,231
(c) If the court determines that the cost of the lease, 63,233
mortgage, or secured transaction was increased by a transaction 63,234
required to be reported under division (B)(3) of section 5123.172 63,235
of the Revised Code, only to the extent determined by the court 63,236
to be the fair market value for use of the property during the 63,237
period of the receivership.
(3) If transfer of residents is necessary, provide for the 63,239
orderly transfer of residents by doing the following: 63,240
(a) Cooperating with all appropriate state and local 63,242
agencies in carrying out the transfer of residents to alternative 63,243
community placements; 63,244
1393
(b) Providing for the transportation of residents' 63,246
belongings and records; 63,247
(c) Helping to locate alternative placements and develop 63,249
discharge plans; 63,250
(d) Preparing residents for the trauma of discharge; 63,252
(e) Permitting residents or guardians to participate in 63,254
transfer or discharge planning except when an emergency exists 63,255
and immediate transfer is necessary. 63,256
(4) Make periodic reports on the status of the residential 63,258
program to the appropriate state agency, county board of mental 63,259
retardation and developmental disabilities, parents, guardians, 63,260
and residents; 63,261
(5) Compromise demands or claims; 63,263
(6) Generally do such acts respecting the residential 63,265
facility as the court authorizes. 63,266
(K) Neither the receiver nor the department of mental 63,268
retardation and developmental disabilities is liable for debts 63,269
incurred by the owner or operator of a residential facility for 63,270
which a receiver has been appointed. 63,271
(L) The department of mental retardation and developmental 63,273
disabilities may contract for the operation of a residential 63,274
facility in receivership. The department shall establish the 63,275
conditions of a contract. A condition may be the same as, 63,276
similar to, or different from a condition established by section
5123.18 of the Revised Code and the rules adopted under that 63,277
section for a contract entered into under that section. 63,278
Notwithstanding any other provision of law, contracts that are 63,280
necessary to carry out the powers and duties of the receiver need 63,281
not be competitively bid.
(M) The department of mental retardation and developmental 63,283
disabilities, the department of human JOB AND FAMILY services, 63,284
and the department of health shall provide technical assistance 63,285
to any receiver appointed pursuant to this section. 63,286
Sec. 5123.604. (A) No one shall take a discriminatory, 63,295
1394
disciplinary, or retaliatory action against any officer or 63,296
employee of a provider, any mentally retarded, developmentally 63,297
disabled, or mentally ill person, the parents or guardian of a 63,298
mentally retarded, developmentally disabled, or mentally ill 63,299
person, or any volunteer or advocate for a mentally retarded, 63,300
developmentally disabled, or mentally ill person, for any 63,301
communication these persons make or information they disclose in 63,302
good faith to the ombudsman OMBUDSPERSON section of the legal 63,303
rights service. 63,304
(B) No person shall knowingly interfere with lawful 63,306
actions of the ombudsman OMBUDSPERSON section, refuse entry to 63,307
its representatives, fail to comply with its lawful demands, or 63,309
offer any compensation, gratuity, or promise thereof in an effort 63,310
to influence the outcome of any matter being considered by the 63,311
section. 63,312
(C) The department of mental retardation and developmental 63,314
disabilities shall immediately notify the ombudsman OMBUDSPERSON 63,315
section of all investigations of major unusual incidents or 63,317
life-threatening situations, as defined in rules adopted by the 63,318
department, involving mentally retarded and developmentally 63,319
disabled persons, and shall furnish copies of all relevant 63,320
reports within forty-eight hours after receipt. The department 63,321
of mental health shall notify the ombudsman OMBUDSPERSON section 63,322
of all major unusual incidents or life-threatening situations, as 63,324
defined in rules adopted by the department, involving mentally 63,325
ill persons within forty-eight hours after receipt of the report 63,326
of the incident or situation. The departments of health and 63,327
human JOB AND FAMILY services shall notify the department of 63,329
mental retardation and developmental disabilities of all 63,330
allegations and investigations of abuse, neglect, or
life-threatening situations involving mentally retarded or 63,331
developmentally disabled persons. Any other state agency with 63,332
information concerning abuse, neglect, or life-threatening 63,333
situations involving mentally retarded or developmentally 63,334
1395
disabled persons shall report that information immediately to the 63,335
department of mental retardation and developmental disabilities. 63,336
Nothing in this section or section 5123.60, 5123.601, or 63,338
5123.602 of the Revised Code shall preclude any department or 63,339
board, its contract agencies, a community residential facility, 63,340
or other governmental entity from carrying out its responsibility 63,341
as prescribed by law. 63,342
Sec. 5126.31. (A) A county board of mental retardation 63,351
and developmental disabilities shall review reports of abuse and 63,352
neglect made under section 5123.61 of the Revised Code and 63,353
reports referred to it under section 5101.611 of the Revised Code 63,354
to determine whether the person who is the subject of the report 63,355
is a mentally retarded or developmentally disabled adult in need 63,356
of services to deal with the abuse or neglect. The board shall 63,357
give notice of each report to the registry office of the 63,358
department of mental retardation and developmental disabilities 63,359
established pursuant to section 5123.61 of the Revised Code on 63,360
the first working day after receipt of the report. If the report 63,361
alleges that there is a substantial risk to the adult of 63,362
immediate physical harm or death, the board shall initiate review 63,363
within twenty-four hours of its receipt of the report. If the 63,364
board determines that the person is sixty years of age or older 63,365
but is not mentally retarded or developmentally disabled, it 63,366
shall refer the case to the county department of human JOB AND 63,367
FAMILY services. If the board determines that the person is a 63,369
mentally retarded or developmentally disabled adult, it shall 63,370
continue its review of the case. 63,371
(B) For each review over which the board retains 63,373
responsibility under division (A) of this section, it shall do 63,374
all of the following: 63,375
(1) Give both written and oral notice of the purpose of 63,377
the review to the adult and, if any, to his THE ADULT'S legal 63,378
counsel or caretaker, in simple and clear language; 63,380
(2) Visit the adult, in his THE ADULT'S residence if 63,382
1396
possible, and explain the notice given under division (B)(1) of 63,384
this section;
(3) Request from the registry office any prior reports 63,386
concerning the adult or other principals in the case; 63,387
(4) Consult, if feasible, with the person who made the 63,389
report under section 5101.61 or 5123.61 of the Revised Code and 63,390
with any agencies or persons who have information about the 63,391
alleged abuse or neglect; 63,392
(5) Cooperate fully with the law enforcement agency 63,394
responsible for investigating the report and for filing any 63,395
resulting criminal charges and, on request, turn over evidence to 63,396
the agency; 63,397
(6) Determine whether the adult needs services, and 63,399
prepare a written report stating reasons for the determination. 63,400
No adult shall be determined to be abused, neglected, or in need 63,401
of services for the sole reason that, in lieu of medical 63,402
treatment, he THE ADULT relies on or is being furnished spiritual 63,404
treatment through prayer alone in accordance with the tenets and 63,405
practices of a church or religious denomination of which he THE 63,406
ADULT is a member or adherent. 63,408
(C) The board shall arrange for the provision of services 63,410
for the prevention, correction or discontinuance of abuse or 63,411
neglect or of a condition resulting from abuse or neglect for any 63,412
adult who has been determined to need the services and consents 63,413
to receive them. These services may include, but are not limited 63,414
to, case management, fiscal management, medical, mental health, 63,415
home health care, homemaker, legal, and residential services and 63,416
the provision of temporary accommodations and necessities such as 63,417
food and clothing. The services do not include acting as a 63,418
guardian, trustee, or protector as defined in section 5123.55 of 63,419
the Revised Code. If the provision of residential services would 63,420
require expenditures by the department of mental retardation and 63,421
developmental disabilities, the board shall obtain the approval 63,422
of the department prior to arranging the residential services. 63,423
1397
To arrange services, the board shall: 63,425
(1) Develop an individual INDIVIDUALIZED service plan 63,427
identifying the types of services required for the adult, the 63,428
goals for the services, and the persons or agencies that will 63,429
provide them; 63,430
(2) In accordance with rules established by the director 63,432
of mental retardation and developmental disabilities, obtain the 63,433
consent of the adult or his THE ADULT'S guardian to the provision 63,435
of any of these services and obtain the signature of the adult or 63,436
guardian on the individual service plan. An adult who has been 63,437
found incompetent under Chapter 2111. of the Revised Code may 63,438
consent to services. If the board is unable to obtain consent, 63,439
it may seek, if the adult is incapacitated, a court order 63,440
pursuant to section 5126.33 of the Revised Code authorizing the 63,441
board to arrange these services. 63,442
(D) The board shall ensure that the adult receives the 63,444
services arranged by the board from the provider and shall have 63,445
the services terminated if the adult withdraws consent. 63,446
(E) On completion of a review, the board shall submit a 63,448
written report to the law enforcement agency responsible for 63,449
investigating the report and to the registry office. Reports 63,450
prepared under this section are not public records as defined in 63,451
section 149.43 of the Revised Code. 63,452
(F) The board shall provide comprehensive formal training 63,454
for employees and other persons authorized to implement the 63,455
requirements of this section. 63,456
Sec. 5139.08. The department of youth services may enter 63,465
into an agreement with the director of rehabilitation and 63,466
correction pursuant to which the department of youth services, in 63,467
accordance with division (C)(2) of section 5139.06 and section 63,469
5120.162 of the Revised Code, may transfer to a correctional
medical center established by the department of rehabilitation 63,470
and correction, children who are within its custody for diagnosis 63,471
or treatment of an illness, physical condition, or other medical 63,472
1398
problem. The department of youth services may enter into any 63,473
other agreements with the director of human JOB AND FAMILY 63,474
services, the director of mental health, the director of mental 63,475
retardation and developmental disabilities, the director of 63,476
rehabilitation and correction, with the courts having probation 63,477
officers or other public officials, and with private agencies or 63,478
institutions for separate care or special treatment of children 63,479
subject to the control of the department of youth services. The 63,480
department of youth services may, upon the request of a juvenile 63,481
court not having a regular probation officer, provide probation 63,482
services for such court. 63,483
Upon request by the department of youth services, any 63,485
public agency or group care facility established or administered 63,486
by the state for the care and treatment of children and youth 63,487
shall, consistent with its functions, accept and care for any 63,488
child whose custody is vested in the department in the same 63,489
manner as it would be required to do if custody had been vested 63,490
by a court in such agency or group care facility. If the 63,491
department has reasonable grounds to believe that any child or 63,492
youth whose custody is vested in it is mentally ill or mentally 63,493
retarded, the department may file an affidavit under section 63,494
5122.11 or 5123.76 of the Revised Code. The department's 63,495
affidavit for admission of a child or youth to such institution 63,496
shall be filed with the probate court of the county from which 63,497
the child was committed to the department. Such court may 63,498
request the probate court of the county in which the child is 63,499
held to conduct the hearing on the application, in which case the 63,500
court making such request shall bear the expenses of the 63,501
proceeding. If the department files such an affidavit, the child 63,502
or youth may be kept in such institution until a final decision 63,503
on the affidavit is made by the appropriate court. 63,504
Sec. 5139.34. (A) Funds may be appropriated to the 63,514
department of youth services for the purpose of granting state 63,515
subsidies to counties. A county or the juvenile court that 63,516
1399
serves a county shall use state subsidies granted to the county 63,517
pursuant to this section only in accordance with divisions 63,518
(C)(2)(a) and (3)(a) of section 5139.43 of the Revised Code and 63,521
the rules pertaining to the state subsidy funds that the 63,522
department adopts pursuant to division (E) of section 5139.04 of 63,523
the Revised Code. The department shall not grant financial 63,524
assistance pursuant to this section for the provision of care and 63,525
services for children in a foster care facility unless the 63,527
facility has been certified, licensed, or approved by a state 63,528
agency with certification, licensure, or approval authority, 63,529
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 63,530
disabilities. For the purposes of this section, foster care 63,531
facilities do not include a state institution or a county or 63,532
district children's home. 63,533
The department also shall not grant financial assistance 63,535
pursuant to this section for the provision of care and services 63,536
for children, including, but not limited to, care and services in 63,538
a detention facility, in another facility, or in out-of-home
placement, unless the minimum standards applicable to the care 63,539
and services that the department prescribes in rules adopted 63,540
pursuant to division (E) of section 5139.04 of the Revised Code 63,542
have been satisfied.
(B) The department of youth services shall apply the 63,544
following formula to determine the amount of the annual grant 63,545
that each county is to receive pursuant to division (A) of this 63,547
section, subject to the appropriation for this purpose to the
department made by the general assembly: 63,548
(1) Each county shall receive a basic annual grant of 63,550
fifty thousand dollars. 63,551
(2) The sum of the basic annual grants provided under 63,553
division (B)(1) of this section shall be subtracted from the 63,554
total amount of funds appropriated to the department of youth 63,555
1400
services for the purpose of making grants pursuant to division 63,556
(A) of this section to determine the remaining portion of the 63,558
funds appropriated. The remaining portion of the funds 63,559
appropriated shall be distributed on a per capita basis to each 63,560
county that has a population of more than twenty-five thousand 63,561
for that portion of the population of the county that exceeds 63,562
twenty-five thousand. 63,563
(C)(1) Prior to a county's receipt of an annual grant 63,565
pursuant to this section, the juvenile court that serves the 63,566
county shall prepare, submit, and file in accordance with 63,567
division (C)(3)(a) of section 5139.43 of the Revised Code an 63,568
annual grant agreement and application for funding that is for 63,569
the combined purposes of, and that satisfies the requirements of, 63,570
this section and section 5139.43 of the Revised Code. In 63,571
addition to the subject matters described in division (C)(3)(a) 63,572
of section 5139.43 of the Revised Code or in the rules that the 63,574
department adopts to implement that division, the annual grant
agreement and application for funding shall address fiscal 63,575
accountability and performance matters pertaining to the 63,576
programs, care, and services that are specified in the agreement 63,577
and application and for which state subsidy funds granted 63,578
pursuant to this section will be used. 63,579
(2) The county treasurer of each county that receives an 63,582
annual grant pursuant to this section shall deposit the state
subsidy funds so received into the county's felony delinquent 63,583
care and custody fund created pursuant to division (C)(1) of 63,585
section 5139.43 of the Revised Code. Subject to exceptions 63,586
prescribed in section 5139.43 of the Revised Code that may apply 63,587
to the disbursement, the department shall disburse the state 63,588
subsidy funds to which each county is entitled as follows: 63,590
(a) Except as provided in division (C)(2)(b) of this 63,593
section, the department shall disburse the state subsidy funds to 63,594
which a county is entitled in a lump sum payment that shall be 63,595
made in July of each calendar year. 63,596
1401
(b) In the case of state subsidy funds to which a county 63,598
is entitled for fiscal year 1998, the department shall disburse 63,599
the state subsidy funds to the county in two distinct payments in 63,601
accordance with this division. The department shall disburse
seventy-five per cent of those state subsidy funds to the county 63,602
in July 1997. After the department reviews and reconciles the 63,604
applicable reports that the juvenile court of the county is 63,605
required to prepare and submit to the department pursuant to 63,606
section 5139.43 of the Revised Code, the department shall 63,607
disburse to the county in October 1997, the remainder of the 63,608
state subsidy funds to which the county is entitled. 63,609
(3) Upon an order of the juvenile court that serves a 63,611
county and subject to appropriation by the board of county 63,612
commissioners of that county, a county treasurer shall disburse 63,613
from the county's felony delinquent care and custody fund the 63,614
state subsidy funds granted to the county pursuant to this 63,615
section for use only in accordance with this section, the 63,616
applicable provisions of section 5139.43 of the Revised Code, and 63,617
the county's approved annual grant agreement and application for 63,618
funding.
(4) The moneys in a county's felony delinquent care and 63,621
custody fund that represent state subsidy funds granted pursuant 63,622
to this section are subject to appropriation by the board of 63,624
county commissioners of the county; shall be disbursed by the 63,625
county treasurer as required by division (C)(3) of this section; 63,626
shall be used in the manners referred to in division (C)(3) of 63,627
this section; shall not revert to the county general fund at the 63,629
end of any fiscal year; shall carry over in the felony delinquent 63,630
care and custody fund from the end of any fiscal year to the next 63,631
fiscal year; shall be in addition to, and shall not be used to 63,632
reduce, any usual annual increase in county funding that the 63,633
juvenile court is eligible to receive or the current level of 63,634
county funding of the juvenile court and of any programs, care, 63,635
or services for alleged or adjudicated delinquent children, 63,636
1402
unruly children, or juvenile traffic offenders or for children 63,637
who are at risk of becoming delinquent children, unruly children, 63,638
or juvenile traffic offenders; and shall not be used to pay for 63,639
the care and custody of felony deliquents who are in the care and 63,640
custody of an institution pursuant to a commitment, recommitment, 63,641
or revocation of a release on parole by the juvenile court of 63,642
that county or who are in the care and custody of a community 63,643
corrections facility pursuant to a placement by the department 63,644
with the consent of the juvenile court as described in division 63,645
(E) of section 5139.36 of the Revised Code. 63,646
(5) As a condition of the continued receipt of state 63,648
subsidy funds pursuant to this section, each county and the 63,649
juvenile court that serves each county that receives an annual 63,650
grant pursuant to this section shall comply with divisions 63,651
(C)(3)(b), (c), and (d) of section 5139.43 of the Revised Code. 63,653
Sec. 5139.39. The department of youth services, in the 63,662
manner provided in this chapter and Chapter 2151. of the Revised 63,664
Code, may transfer to a foster care facility certified by the 63,666
department of human JOB AND FAMILY services under section 5103.03 63,667
of the Revised Code, any child committed to it and, in the event 63,668
of a transfer of that nature, unless otherwise mutually agreed, 63,670
the department of youth services shall bear the cost of care and 63,672
services provided for the child in the foster care facility. A 63,674
juvenile court may transfer to any foster facility certified by 63,676
the department of human JOB AND FAMILY services any child between
twelve and eighteen years of age, other than a psychotic or 63,678
mentally retarded child, who has been designated a delinquent 63,679
child and placed on probation by order of the juvenile court as a 63,680
result of having violated any law of this state or the United
States or any ordinance of a political subdivision of this state. 63,681
Sec. 5153.01. (A) As used in the Revised Code, "public 63,690
children services agency" means an entity specified in section 63,691
5153.02 of the Revised Code that has assumed the powers and 63,693
duties of the children services function prescribed by this 63,694
1403
chapter for a county.
(B) As used in this chapter: 63,696
(1) "Babysitting care" means care provided for a child 63,698
while the parents, guardian, or legal custodian of the child are 63,699
temporarily away. 63,700
(2) "Certified family foster home" means a family foster 63,702
home operated by a person holding a certificate issued pursuant 63,703
to section 5103.03 of the Revised Code that is in full force and 63,705
effect.
(3) "Certified organization" means any organization 63,707
holding a certificate issued pursuant to section 5103.03 of the 63,708
Revised Code that is in full force and effect. 63,709
(4) "Child" means any person under eighteen years of age 63,711
or a mentally or physically handicapped person, as defined by 63,712
rule of ADOPTED BY the department DIRECTOR of human JOB AND 63,714
FAMILY services, under twenty-one years of age. 63,715
(5) "Executive director" means the person charged with the 63,717
responsibility of administering the powers and duties of a public 63,718
children services agency appointed pursuant to section 5153.10 of 63,720
the Revised Code.
(6) "Family foster home" means a private residence in 63,722
which children are received apart from their parents, guardian, 63,723
or legal custodian by an individual for hire, gain, or reward for 63,724
nonsecure care, supervision, or training twenty-four hours a day. 63,725
"Family foster home" does not include babysitting care provided 63,726
for a child in the home of a person other than the home of the 63,727
parents, guardian, or legal custodian of the child. 63,728
(7) "Foster home" means a family home in which any child 63,730
is received, apart from the child's parents, for care, 63,731
supervision, or training. 63,732
(8) "Organization" means any public, semipublic, or 63,734
private institution, including maternity homes and day nurseries, 63,735
and any private association, society, or agency, located or 63,736
operating in this state, incorporated or unincorporated, having 63,737
1404
among its functions the furnishing of protective services or care 63,739
for children or the placement of children in foster homes or 63,740
elsewhere.
Sec. 5153.02. Each county shall have a public children 63,749
services agency. Any of the following may be the public children 63,750
services agency: 63,751
(A) A county children services board; 63,753
(B) A county department of human JOB AND FAMILY services; 63,755
(C) A private or government entity designated under 63,757
section 307.981 of the Revised Code. 63,758
Sec. 5153.10. Each public children services agency shall 63,767
designate an executive officer known as the "executive director," 63,769
who shall not be in the classified civil service. The 63,770
superintendent of the children's home, the county director of 63,771
human JOB AND FAMILY services, or other individual may serve as 63,772
the executive director.
The agency shall, from time to time, inquire into community 63,775
conditions affecting the welfare of children and study the work 63,776
of the agency and its relation to the work of other organizations 63,778
whose functions are related to child welfare. The agency may, 63,779
after consultation with the executive director, adopt rules of 63,780
general application, not inconsistent with law or with the rules 63,781
of ADOPTED BY the department DIRECTOR of human JOB AND FAMILY 63,782
services. 63,783
Sec. 5153.111. (A)(1) The executive director of a public 63,793
children services agency shall request the superintendent of the 63,794
bureau of criminal identification and investigation to conduct a 63,795
criminal records check with respect to any applicant who has 63,796
applied to the agency for employment as a person responsible for 63,797
the care, custody, or control of a child. If the applicant does 63,798
not present proof that the applicant has been a resident of this 63,799
state for the five-year period immediately prior to the date upon 63,800
which the criminal records check is requested or does not provide 63,801
evidence that within that five-year period the superintendent has 63,802
1405
requested information about the applicant from the federal bureau 63,803
of investigation in a criminal records check, the executive 63,804
director shall request that the superintendent obtain information 63,805
from the federal bureau of investigation as a part of the 63,806
criminal records check for the applicant. If the applicant 63,807
presents proof that the applicant has been a resident of this 63,808
state for that five-year period, the executive director may 63,809
request that the superintendent include information from the 63,810
federal bureau of investigation in the criminal records check. 63,811
(2) Any person required by division (A)(1) of this section 63,813
to request a criminal records check shall provide to each 63,814
applicant a copy of the form prescribed pursuant to division 63,815
(C)(1) of section 109.572 of the Revised Code, provide to each 63,816
applicant a standard impression sheet to obtain fingerprint 63,817
impressions prescribed pursuant to division (C)(2) of section 63,818
109.572 of the Revised Code, obtain the completed form and 63,819
impression sheet from each applicant, and forward the completed 63,820
form and impression sheet to the superintendent of the bureau of 63,821
criminal identification and investigation at the time the person 63,822
requests a criminal records check pursuant to division (A)(1) of 63,823
this section. 63,824
(3) Any applicant who receives pursuant to division (A)(2) 63,826
of this section a copy of the form prescribed pursuant to 63,827
division (C)(1) of section 109.572 of the Revised Code and a copy 63,828
of an impression sheet prescribed pursuant to division (C)(2) of 63,829
that section and who is requested to complete the form and 63,830
provide a set of fingerprint impressions shall complete the form 63,831
or provide all the information necessary to complete the form and 63,832
shall provide the impression sheet with the impressions of the 63,833
applicant's fingerprints. If an applicant, upon request, fails 63,834
to provide the information necessary to complete the form or 63,835
fails to provide impressions of the applicant's fingerprints, 63,836
that agency shall not employ that applicant for any position for 63,837
which a criminal records check is required by division (A)(1) of 63,838
1406
this section.
(B)(1) Except as provided in rules adopted by the 63,840
department DIRECTOR of human JOB AND FAMILY services in 63,842
accordance with division (E) of this section, no public children 63,843
services agency shall employ a person as a person responsible for 63,844
the care, custody, or control of a child if the person previously 63,845
has been convicted of or pleaded guilty to any of the following: 63,846
(a) A violation of section 2903.01, 2903.02, 2903.03, 63,848
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 63,849
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 63,851
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 63,852
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 63,853
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 63,854
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 63,855
2925.06, or 3716.11 of the Revised Code, a violation of section 63,856
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 63,857
have been a violation of section 2905.04 of the Revised Code as 63,858
it existed prior to July 1, 1996, had the violation occurred 63,859
prior to that date, a violation of section 2925.11 of the Revised 63,861
Code that is not a minor drug possession offense, or felonious 63,862
sexual penetration in violation of former section 2907.12 of the 63,863
Revised Code;
(b) A violation of an existing or former law of this 63,865
state, any other state, or the United States that is 63,866
substantially equivalent to any of the offenses or violations 63,867
described in division (B)(1)(a) of this section. 63,868
(2) A public children services agency may employ an 63,870
applicant conditionally until the criminal records check required 63,871
by this section is completed and the agency receives the results 63,872
of the criminal records check. If the results of the criminal 63,873
records check indicate that, pursuant to division (B)(1) of this 63,874
section, the applicant does not qualify for employment, the 63,875
agency shall release the applicant from employment. 63,876
1407
(C)(1) Each public children services agency shall pay to 63,878
the bureau of criminal identification and investigation the fee 63,879
prescribed pursuant to division (C)(3) of section 109.572 of the 63,880
Revised Code for each criminal records check conducted in 63,881
accordance with that section upon the request pursuant to 63,882
division (A)(1) of this section of the executive director of the 63,883
agency. 63,884
(2) A public children services agency may charge an 63,886
applicant a fee for the costs it incurs in obtaining a criminal 63,887
records check under this section. A fee charged under this 63,888
division shall not exceed the amount of fees the agency pays 63,889
under division (C)(1) of this section. If a fee is charged under 63,890
this division, the agency shall notify the applicant at the time 63,891
of the applicant's initial application for employment of the 63,892
amount of the fee and that, unless the fee is paid, the agency 63,893
will not consider the applicant for employment. 63,894
(D) The report of any criminal records check conducted by 63,896
the bureau of criminal identification and investigation in 63,897
accordance with section 109.572 of the Revised Code and pursuant 63,898
to a request under division (A)(1) of this section is not a 63,899
public record for the purposes of section 149.43 of the Revised 63,900
Code and shall not be made available to any person other than the 63,901
applicant who is the subject of the criminal records check or the 63,902
applicant's representative, the public children services agency 63,903
requesting the criminal records check or its representative, and 63,904
any court, hearing officer, or other necessary individual 63,905
involved in a case dealing with the denial of employment to the 63,906
applicant.
(E) The department DIRECTOR of human JOB AND FAMILY 63,909
services shall adopt rules pursuant to Chapter 119. of the 63,910
Revised Code to implement this section, including rules 63,911
specifying circumstances under which a public children services 63,912
agency may hire a person who has been convicted of an offense 63,913
listed in division (B)(1) of this section but who meets standards 63,914
1408
in regard to rehabilitation set by the department. 63,915
(F) Any person required by division (A)(1) of this section 63,917
to request a criminal records check shall inform each person, at 63,918
the time of the person's initial application for employment, that 63,919
the person is required to provide a set of impressions of the 63,920
person's fingerprints and that a criminal records check is 63,921
required to be conducted and satisfactorily completed in 63,922
accordance with section 109.572 of the Revised Code if the person 63,923
comes under final consideration for appointment or employment as 63,924
a precondition to employment for that position. 63,925
(G) As used in this section: 63,927
(1) "Applicant" means a person who is under final 63,929
consideration for appointment or employment in a position with 63,930
the agency as a person responsible for the care, custody, or 63,931
control of a child. 63,932
(2) "Criminal records check" has the same meaning as in 63,934
section 109.572 of the Revised Code. 63,935
(3) "Minor drug possession offense" has the same meaning 63,937
as in section 2925.01 of the Revised Code. 63,939
Sec. 5153.121. (A) The board of county commissioners and 63,948
the county children services board may agree to permit any 63,949
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 63,950
perform duties for the department of human JOB AND FAMILY 63,951
services.
(B) An agreement made under division (A) of this section 63,953
may require the board of county commissioners to pay a portion of 63,955
the wages of any employee of the county children services board 63,956
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 63,957
human JOB AND FAMILY services who also performs duties for the 63,958
county children services board.
1409
Sec. 5153.14. The executive director shall prepare and 63,967
submit an annual report to the public children services agency at 63,969
the end of each calendar year and shall file copies of such 63,971
report with the department of human JOB AND FAMILY services, the 63,972
board of county commissioners, and the juvenile court. The 63,973
executive director shall submit the inspection reports required 63,975
under section 5153.16 of the Revised Code and such other reports
as are required by law, by the rules of the department DIRECTOR 63,976
of human JOB AND FAMILY services, or by the board of county 63,978
commissioners to specified governmental bodies and officers and 63,980
shall provide reports to the public, when so authorized.
Sec. 5153.15. The powers and duties enumerated in sections 63,989
5153.16 to 5153.19 of the Revised Code, with respect to the care 63,990
of children, needing or likely to need public care or services, 63,992
shall be vested in a single agency of county government, namely, 63,993
a county department of human JOB AND FAMILY services or a county 63,994
children services board. 63,995
Sec. 5153.16. (A) Except as provided in section 2151.422 64,004
of the Revised Code, in accordance with rules of the department 64,005
of human JOB AND FAMILY services, and on behalf of children in 64,006
the county whom the public children services agency considers to 64,007
be in need of public care or protective services, the public 64,008
children services agency shall do all of the following: 64,009
(1) Make an investigation concerning any child alleged to 64,011
be an abused, neglected, or dependent child; 64,012
(2) Enter into agreements with the parent, guardian, or 64,014
other person having legal custody of any child, or with the 64,015
department of human JOB AND FAMILY services, department of mental 64,016
health, department of mental retardation and developmental 64,017
disabilities, other department, any certified organization within 64,018
or outside the county, or any agency or institution outside the 64,019
state, having legal custody of any child, with respect to the 64,020
custody, care, or placement of any child, or with respect to any 64,021
matter, in the interests of the child, provided the permanent 64,022
1410
custody of a child shall not be transferred by a parent to the 64,023
public children services agency without the consent of the 64,025
juvenile court;
(3) Accept custody of children committed to the public 64,027
children services agency by a court exercising juvenile 64,029
jurisdiction;
(4) Provide such care as the public children services 64,032
agency considers to be in the best interests of any child 64,033
adjudicated to be an abused, neglected, or dependent child the 64,034
agency finds to be in need of public care or service; 64,035
(5) Provide social services to any unmarried girl 64,037
adjudicated to be an abused, neglected, or dependent child who is 64,039
pregnant with or has been delivered of a child; 64,040
(6) Make available to the bureau for children with medical 64,042
handicaps of the department of health at its request any 64,043
information concerning a crippled child found to be in need of 64,044
treatment under sections 3701.021 to 3701.028 of the Revised Code 64,045
who is receiving services from the public children services 64,047
agency;
(7) Provide temporary emergency care for any child 64,049
considered by the public children services agency to be in need 64,051
of such care, without agreement or commitment; 64,052
(8) Find family foster homes, within or outside the 64,054
county, for the care of children, including handicapped children 64,055
from other counties attending special schools in the county; 64,056
(9) Subject to the approval of the board of county 64,058
commissioners and the state department of human JOB AND FAMILY 64,059
services, establish and operate a training school or enter into 64,060
an agreement with any municipal corporation or other political 64,061
subdivision of the county respecting the operation, acquisition, 64,062
or maintenance of any children's home, training school, or other 64,063
institution for the care of children maintained by such municipal 64,064
corporation or political subdivision; 64,065
(10) Acquire and operate a county children's home, 64,067
1411
establish, maintain, and operate a receiving home for the 64,068
temporary care of children, or procure family foster homes for 64,069
this purpose; 64,070
(11) Enter into an agreement with the trustees of any 64,072
district children's home, respecting the operation of the 64,073
district children's home in cooperation with the other county 64,074
boards in the district; 64,075
(12) Cooperate with, make its services available to, and 64,077
act as the agent of persons, courts, the department of human JOB 64,078
AND FAMILY services, the department of health, and other
organizations within and outside the state, in matters relating 64,079
to the welfare of children, except that the public children 64,080
services agency shall not be required to provide supervision of 64,081
or other services related to the exercise of companionship or 64,082
visitation rights granted pursuant to section 3109.051, 3109.11, 64,083
or 3109.12 of the Revised Code unless a juvenile court, pursuant 64,084
to Chapter 2151. of the Revised Code, or a common pleas court, 64,085
pursuant to division (E)(6) of section 3113.31 of the Revised 64,086
Code, requires the provision of supervision or other services 64,088
related to the exercise of the companionship or visitation 64,089
rights;
(13) Make investigations at the request of any 64,091
superintendent of schools in the county or the principal of any 64,092
school concerning the application of any child adjudicated to be 64,093
an abused, neglected, or dependent child for release from school, 64,094
where such service is not provided through a school attendance 64,095
department;
(14) Administer funds provided under Title IV-E of the 64,097
"Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as 64,098
amended, in accordance with rules adopted by the state department 64,099
of human services under section 5101.141 of the Revised Code; 64,100
(15) In addition to administering Title IV-E adoption 64,102
assistance funds, enter into agreements to make adoption 64,103
assistance payments under section 5153.163 of the Revised Code; 64,104
1412
(16) Implement a system of risk assessment, in accordance 64,106
with rules adopted by the state department DIRECTOR of human JOB 64,108
AND FAMILY services, to assist the public children services 64,110
agency in determining the risk of abuse or neglect to a child; 64,111
(17) Enter into a plan of cooperation with the board of 64,113
county commissioners under section 307.983 of the Revised Code 64,114
and comply with the partnership agreement the board enters into 64,115
under section 307.98 of the Revised Code and contracts the board 64,116
enters into under sections 307.981 and 307.982 of the Revised 64,117
Code that affect the public children services agency; 64,118
(18) Make reasonable efforts to prevent the removal of an 64,120
alleged or adjudicated abused, neglected, or dependent child from 64,121
the child's home, eliminate the continued removal of the child 64,122
from the child's home, or make it possible for the child to 64,123
return home safely, except that reasonable efforts of that nature 64,124
are not required when a court has made a determination under 64,125
division (A)(2) of section 2151.419 of the Revised Code; 64,126
(19) Make reasonable efforts to place the child in a 64,128
timely manner in accordance with the permanency plan approved 64,129
under division (E) of section 2151.417 of the Revised Code and to 64,131
complete whatever steps are necessary to finalize the permanent 64,132
placement of the child. 64,133
(B) The public children services agency shall use the 64,135
system implemented pursuant to division (B)(16) of this section 64,136
in connection with an investigation undertaken pursuant to 64,137
division (F)(1) of section 2151.421 of the Revised Code and may 64,139
use the system at any other time the agency is involved with any
child when the agency determines that risk assessment is 64,140
necessary.
(C) Except as provided in section 2151.422 of the Revised 64,142
Code, in accordance with rules of the department DIRECTOR of 64,143
human JOB AND FAMILY services, and on behalf of children in the 64,145
county whom the public children services agency considers to be 64,146
in need of public care or protective services, the public
1413
children services agency may do the following: 64,147
(1) Provide or find, with other child serving systems, 64,150
treatment foster care for the care of children in a treatment 64,151
foster home, as defined in section 5103.02 of the Revised Code;
(2)(a) Except as limited by divisions (C)(2)(b) and (c) of 64,154
this section, contract with the following for the purpose of
assisting the agency with its duties: 64,155
(i) County departments of human JOB AND FAMILY services; 64,157
(ii) Boards of alcohol, drug addiction, and mental health 64,160
services;
(iii) County boards of mental retardation and 64,162
developmental disabilities; 64,163
(iv) Regional councils of political subdivisions 64,165
established under Chapter 167. of the Revised Code; 64,166
(v) Private and government providers of services; 64,168
(vi) Managed care organizations and prepaid health plans. 64,170
(b) A public children services agency contract under 64,173
division (C)(2)(a) of this section regarding the agency's duties
under section 2151.421 of the Revised Code may not provide for 64,174
the entity under contract with the agency to perform any service 64,175
not authorized by the department's rules. 64,176
(c) Only a county children services board appointed under 64,179
section 5153.03 of the Revised Code that is a public children
services agency may contract under division (C)(2)(a) of this 64,180
section. If an entity specified in division (B) or (C) of 64,181
section 5153.02 of the Revised Code is the public children 64,182
services agency for a county, the board of county commissioners 64,183
may enter into contracts pursuant to section 307.982 of the
Revised Code regarding the agency's duties. 64,184
Sec. 5153.163. (A) As used in this section, "adoptive 64,193
parent" means, as the context requires, a prospective adoptive 64,195
parent or an adoptive parent.
(B)(1) If a public children services agency considers a 64,199
child with special needs residing in the county served by the
1414
agency to be in need of public care or protective services and 64,200
all of the following apply, the agency shall enter into an 64,201
agreement with the child's adoptive parent before the child is 64,202
adopted under which the agency shall make payments as needed on 64,203
behalf of the child: 64,204
(a) The adoptive parent has the capability of providing 64,206
the permanent family relationships needed by the child in all 64,207
areas except financial need as determined by the agency; 64,208
(b) The needs of the child are beyond the economic 64,210
resources of the adoptive parent as determined by the agency; 64,212
(c) The agency determines the acceptance of the child as a 64,215
member of the adoptive parent's family would not be in the 64,216
child's best interest without payments on the child's behalf 64,217
under this section.
(2) Payments to an adoptive parent under division (B) of 64,219
this section shall include medical, surgical, psychiatric, 64,220
psychological, and counseling expenses, and may include 64,221
maintenance costs if necessary and other costs incidental to the 64,222
care of the child. No payment of maintenance costs shall be made 64,223
under division (B) of this section on behalf of a child if either 64,225
of the following apply:
(a) The gross income of the adoptive parent's family 64,227
exceeds one hundred twenty per cent of the median income of a 64,228
family of the same size, including the child, as most recently 64,229
determined for this state by the secretary of health and human 64,230
services under Title XX of the "Social Security Act," 88 Stat. 64,231
2337, 42 U.S.C.A. 1397, as amended; 64,232
(b) The child is eligible for adoption assistance payments 64,235
for maintenance costs under Title IV-E of the "Social Security 64,236
Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as amended. 64,237
Payments under division (B) of this section may begin 64,239
either before or after issuance of the final adoption decree, 64,240
except that payments made before issuance of the final adoption 64,241
decree may be made only while the child is living in the adoptive 64,242
1415
parent's home. Preadoption payments may be made for not more 64,243
than twelve months, unless the final adoption decree is not 64,244
issued within that time because of a delay in court proceedings. 64,245
Payments that begin before issuance of the final adoption decree 64,246
may continue after its issuance.
(C) If a public children services agency considers a child 64,249
residing in the county served by the agency to be in need of 64,250
public care or protective services and both of the following 64,251
apply, the agency may, and to the extent state funds are 64,252
appropriated for this purpose shall, enter into an agreement with 64,253
the child's adoptive parent after the child is adopted under 64,255
which the agency shall make payments on behalf of the child as
needed: 64,256
(1) The child has a physical or developmental handicap or 64,258
mental or emotional condition that either: 64,259
(a) Existed before the adoption petition was filed; 64,261
(b) Developed after the adoption petition was filed and 64,264
can be attributed to factors in the child's preadoption
background, medical history, or biological family's background or 64,265
medical history. 64,266
(2) The agency determines the expenses necessitated by the 64,268
child's handicap or condition are beyond the adoptive parent's 64,269
economic resources. 64,270
Payments to an adoptive parent under this division shall 64,272
include medical, surgical, psychiatric, psychological, and 64,273
counseling expenses, but shall not include maintenance costs. 64,274
(D) No payment shall be made under division (B) or (C) of 64,276
this section on behalf of any person twenty-one years of age or 64,277
older. Payments under those divisions shall be made in 64,278
accordance with the terms of the agreement between the public 64,279
children services agency and the adoptive parent, subject to an 64,280
annual redetermination of need. The agency may use sources of 64,282
funding in addition to any state funds appropriated for the 64,283
purposes of those divisions.
1416
The department DIRECTOR of human JOB AND FAMILY services 64,286
shall adopt rules in accordance with Chapter 119. of the Revised 64,287
Code that are needed to implement this section. The rules shall 64,288
establish all of the following: 64,289
(1) The application process for payments under this 64,291
section;
(2) The method to determine the amounts and kinds of 64,293
assistance payable under this section; 64,294
(3) The definition of "child with special needs" for this 64,296
section.
The rules shall allow for payments for children placed by 64,298
nonpublic agencies. 64,299
(E) No public children services agency shall, pursuant to 64,301
either section 2151.353 or 5103.15 of the Revised Code, place or 64,302
maintain a child with special needs who is in the permanent 64,303
custody of an institution or association certified by the 64,305
department of human JOB AND FAMILY services under section 5103.03
of the Revised Code in a setting other than with a person seeking 64,306
to adopt the child, unless the agency has determined and 64,307
redetermined at intervals of not more than six months the 64,308
impossibility of adoption by a person listed pursuant to division 64,309
(B), (C), or (D) of section 5103.154 of the Revised Code, 64,310
including the impossibility of entering into a payment agreement 64,312
with such a person. The agency so maintaining such a child shall 64,313
report its reasons for doing so to the department of human JOB 64,314
AND FAMILY services. No agency that fails to so determine, 64,315
redetermine, and report shall receive more than fifty per cent of 64,316
the state funds to which it would otherwise be eligible for that 64,317
part of the fiscal year following placement under section 5101.14 64,318
of the Revised Code. 64,319
Sec. 5153.17. The public children services agency shall 64,329
prepare and keep written records of investigations of families, 64,331
children, and foster homes, and of the care, training, and 64,332
treatment afforded children, and shall prepare and keep such 64,333
1417
other records as are required by the department of human JOB AND 64,334
FAMILY services. Such records shall be confidential, but, except 64,335
as provided by division (B) of section 3107.17 of the Revised
Code, shall be open to inspection by the agency, the director of 64,337
the county department of human JOB AND FAMILY services, and by 64,338
other persons, upon the written permission of the executive 64,339
secretary.
Sec. 5153.20. The cost of care furnished by the public 64,349
children services agency or the board of county commissioners to 64,351
any child having a legal residence in another county shall be 64,352
charged to the county of legal residence. No expense shall be 64,353
incurred by the agency or the board of county commissioners, on 64,355
account of such care, except for temporary or emergency care, 64,356
without the consent of the agency or board of county
commissioners, or as provided by this section. If such consent 64,358
cannot be obtained the board of county commissioners may file a 64,359
petition in the court of common pleas of the county in which the 64,360
child is found for a determination of legal residence of such 64,361
child. Summons in such a proceeding shall be served, as in other 64,362
civil actions, upon the board of county commissioners and the 64,363
executive director of the agency of the county alleged to be the 64,364
county of legal residence, but the answer day shall be the tenth 64,365
day after the issuance of such summons. The return day shall be 64,366
the fifth day after issuance of the summons. The cause shall be 64,367
set for hearing not less than ten nor more than thirty days after 64,368
the issuance of the summons. The finding and determination by 64,369
the court upon such application, subject to the right of appeal, 64,370
shall be final and conclusive as to the county chargeable under 64,371
this section with the costs of the care of such child. The board 64,372
of county commissioners out of its general funds shall reimburse 64,373
the agency furnishing such care, upon receipt of itemized 64,375
statements.
Any moneys received by the agency furnishing such care from 64,377
persons liable for the cost of any part of such care, by 64,379
1418
agreement or otherwise, shall be credited to the county of legal 64,380
residence.
The agency may remove and deliver any child, having legal 64,383
residence in another county in Ohio and deemed to be in need of 64,384
public care, to the public children services agency of the county 64,385
of legal residence. All cost incidental to the transportation of 64,387
such child and of any escort required shall be paid by the public 64,389
children services agency which delivers back the child. With the 64,390
approval of the department of human JOB AND FAMILY services, any 64,391
child whose legal residence has been found to be in another state 64,392
or country may be transferred to the department for return to the 64,393
place of legal residence, or such child may be returned by the 64,394
agency. All costs incidental to the transportation of such child 64,395
and of any escort required shall be paid by the department of 64,396
human JOB AND FAMILY services if it returns the child, otherwise 64,397
the cost shall be paid by the agency, subject in either case to 64,398
such reimbursement as may be obtained from the responsible 64,399
persons or authorities of the place of legal residence. The 64,400
department of human JOB AND FAMILY services may enter into 64,401
agreements with the authorities of other states relative to the 64,402
placement and return of children. 64,403
Sec. 5153.21. The board of county commissioners may 64,413
establish a children's home upon the recommendation of the public 64,414
children services agency and subject to certification by the 64,416
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 64,426
or if the facilities for institutional care are inadequate, the 64,427
public children services agency may, subject to the approval of 64,430
the department of human JOB AND FAMILY services and the board of 64,431
county commissioners, enter into an agreement with the public 64,432
children services agency of, or a certified organization located 64,434
in, another county, or with the board of trustees of any district 64,436
or semipublic children's home, or with any agency or institution 64,437
1419
outside the state for the furnishing of institutional care to
children of the county. 64,438
Sec. 5153.27. A public children services agency operating 64,448
a children's home or other institution is subject to sections 64,451
5103.03 and 5103.04 of the Revised Code respecting certification
by the department of human JOB AND FAMILY services. 64,452
Sec. 5153.29. The board of county commissioners of any 64,462
county having a county children's home, may, upon the 64,463
recommendation of the public children services agency and with 64,465
the approval of the department of human JOB AND FAMILY services, 64,467
abandon the use of such home and proceed to sell or lease the 64,468
site, building, furniture, and equipment of such home in the
manner most advantageous to the county, or it may use the home 64,469
for other necessary and proper purposes. The net proceeds of any 64,470
such sale or lease shall be paid into the county treasury. 64,471
Sec. 5153.30. The public children services agency may 64,481
accept and receive bequests, donations, and gifts of funds or 64,483
property, real or personal, for child care and services. The 64,484
facilities or services to be established or maintained through 64,485
any such gift shall be subject to the approval of the department 64,487
of human JOB AND FAMILY services.
Sec. 5153.32. Any corporation, organized under the laws of 64,497
this state for the purpose of establishing, conducting, and 64,498
maintaining a child welfare institution or agency, which is 64,499
unable, for any reason, to conduct and maintain such institution 64,500
or agency, and which has not, for a period of three consecutive 64,501
years, conducted or maintained a place or establishment for the 64,502
care of children, and which has in its hands funds or properties 64,503
acquired by it for the purpose of establishing, conducting, and 64,504
maintaining such institution or agency, may, subject to the 64,505
approval of the department of human JOB AND FAMILY services, and 64,506
subject to the terms of any deed, will, or other instrument 64,507
pursuant to which such funds or properties were acquired, 64,508
transfer such funds or properties to the public children services 64,509
1420
agency, to be used for the purposes for which such funds or 64,511
property were acquired. The transfer of such funds or properties 64,512
to the agency shall be a full discharge of the obligation or 64,514
liability of such corporation and its trustees with respect to 64,515
the funds and properties so transferred. 64,516
Sec. 5153.35. The boards of county commissioners shall 64,526
levy taxes and make appropriations sufficient to enable the 64,527
public children services agency to perform its functions and 64,528
duties under this chapter. If the board of county commissioners 64,532
levies a tax for children services and the children services 64,533
functions are transferred from a county children services board 64,534
to the department of human JOB AND FAMILY services, or from the
department of human JOB AND FAMILY services to a county children 64,535
services board, the levy shall continue in effect for the period 64,536
for which it was approved by the electors for the use by the 64,537
public children services agency that provides children services 64,539
pursuant to the transfer.
In addition to making the usual appropriations, there may 64,541
be allowed annually to the executive director an amount not to 64,542
exceed one-half the executive director's official salary to 64,543
provide for necessary expenses which are incurred by the 64,544
executive director or the executive director's staff in the 64,546
performance of their official duties. Upon the order of the
executive director, the county auditor shall draw a warrant on 64,547
the county treasurer payable to the executive director or such 64,548
other person as the order designates, for such amount as the 64,549
order requires, not exceeding the amount provided for in this 64,550
section, and to be paid out of the general fund of the county. 64,551
The bond of the executive director provided for by section 64,552
5153.13 of the Revised Code shall at all times be in sufficient 64,553
amount to cover the additional appropriations provided for by 64,554
this section. 64,555
The executive director, annually, before the first Monday 64,557
of January, shall file with the auditor a detailed and itemized 64,558
1421
statement, verified by the executive director, as to the manner 64,559
in which the fund has been expended during the current year, and 64,560
if any part of such fund remains in the executive director's 64,561
hands unexpended, forthwith shall pay that amount into the county 64,562
treasury.
Sec. 5153.36. The boards of county commissioners of two or 64,572
more adjoining counties, not to exceed four, may, upon the 64,573
recommendation of the public children services agencies of such 64,574
counties, and subject to the approval of the department of human 64,575
JOB AND FAMILY services form themselves into a joint board, and 64,576
proceed to organize a district for the establishment and support 64,577
of a children's home, by using a site and buildings already 64,578
established in one such county, or by providing for the purchase
of a site and the erection of necessary buildings thereon. 64,579
Sec. 5153.38. When any person donates or bequeaths his THE 64,588
PERSON'S real or personal estate, or any part thereof, to the use 64,589
and benefit of a district children's home, the board of trustees 64,590
of the home may accept and use such donation or bequest as they 64,592
deem for the best interests of the institution, and consistent
with the conditions of such bequest. The facilities or services 64,593
to be established or maintained through any such gift shall be 64,594
subject to the approval of the division DEPARTMENT of social 64,595
administration JOB AND FAMILY SERVICES. 64,596
Sec. 5153.49. The board of county commissioners of any 64,605
county within a children's home district may, upon the 64,606
recommendation of the public children services agency, and 64,607
subject to the approval of the department of human JOB AND FAMILY 64,610
services, withdraw from such district and dispose of its interest 64,611
in such home by selling or leasing its right, title, and interest 64,612
in the site, buildings, furniture, and equipment to any counties 64,613
in the district, at such price and on such terms as are agreed 64,614
upon among the boards of county commissioners of the counties 64,615
concerned. Section 307.10 of the Revised Code does not apply to 64,616
this section. The net proceeds of any such sale or lease shall 64,617
1422
be paid into the county treasury of the withdrawing county. 64,618
Members of the board of trustees of a district children's 64,620
home who are residents of a county withdrawing from such district 64,621
are deemed to have resigned their positions upon completion of 64,622
the withdrawal procedure provided by this section. Vacancies 64,623
thus created shall be filled according to sections 5153.39 and 64,625
5153.45 of the Revised Code.
Sec. 5153.52. The board of county commissioners of any 64,635
county which has no county children's home may aid an 64,636
incorporated children's home or other unincorporated society, 64,637
whose object is the care, aid, and education of neglected or 64,638
destitute children, by contributing toward the purchase of land 64,639
for such home or society, the erection of buildings by it, or of 64,640
additions to existing buildings, or other improvements, to an 64,641
amount not to exceed twenty-five hundred dollars in any one year. 64,642
The board of any such county may submit to the people of 64,644
such county, under section 133.18 of the Revised Code, the 64,645
question of whether bonds of such county shall be issued for the 64,646
purposes of this section. If the people of such county approve 64,647
the issue of bonds, the board may issue the bonds under Chapter 64,648
133. of the Revised Code, as if they were being issued for the 64,649
construction of a county children's home owned by the county, and 64,650
may use the proceeds of such bond issue for the purposes of and 64,651
without the restriction as to amount imposed by this section. 64,652
The board may contribute an amount not to exceed five 64,654
hundred dollars in any one year for the purpose of keeping such 64,655
property in repair. If such children's home ceases to exist, so 64,656
that the property so purchased ceases to be used for the purpose 64,657
of a children's home by the corporation, such county shall have a 64,658
lien upon the property for the amount of money contributed for 64,659
its purchase, and if such corporation fails to maintain, manage, 64,660
and control such home so as to subserve the purpose of a 64,661
children's home for which it was incorporated, the board may 64,662
enforce such lien or, if it prefers may, upon approval of the 64,663
1423
department of human JOB AND FAMILY services, first being 64,664
obtained, organize such home into a county children's home. The 64,665
title to such property, where the county has contributed the 64,666
whole amount of the purchase money, shall vest in and be the 64,667
property of such county.
Sec. 5502.01. (A) The department of public safety shall 64,676
administer and enforce the laws relating to the registration, 64,677
licensing, sale, and operation of motor vehicles and the laws 64,679
pertaining to the licensing of drivers of motor vehicles. 64,680
The department shall compile, analyze, and publish 64,682
statistics relative to motor vehicle accidents and the causes of 64,683
them, prepare and conduct educational programs for the purpose of 64,684
promoting safety in the operation of motor vehicles on the 64,686
highways, assist the state board of education in the formulation
of minimum standards for driver education courses of instruction, 64,687
encourage driver instruction in the high schools of the state, 64,689
and conduct research and studies for the purpose of promoting 64,690
safety on the highways of this state.
(B) The department shall administer the laws and rules 64,692
applicable to the division of state emergency medical services. 64,693
(C) The department shall administer and enforce the laws 64,695
contained in Chapters 4301. and 4303. of the Revised Code and 64,697
enforce the rules and orders of the liquor control commission 64,700
pertaining to retail liquor permit holders.
(D) The department shall administer the laws governing the 64,702
state emergency management agency and shall enforce all 64,703
additional duties and responsibilities as prescribed in the 64,704
Revised Code related to emergency management services. 64,705
(E) The department shall conduct investigations pursuant 64,707
to Chapter 5101. of the Revised Code in support of the duty of 64,709
the department of human JOB AND FAMILY services to administer 64,710
food stamp programs throughout this state. The department of 64,711
public safety shall conduct investigations necessary to protect
the state's property rights and interests in the food stamp 64,712
1424
program.
(F) The department of public safety shall enforce 64,714
compliance with orders and rules of the public utilities 64,715
commission and applicable laws in accordance with Chapters 4919., 64,716
4921., and 4923. of the Revised Code regarding commercial motor 64,717
vehicle transportation safety, economic, and hazardous materials 64,718
requirements.
(G) Notwithstanding Chapter 4117. of the Revised Code, the 64,720
department of public safety may establish requirements for its 64,721
enforcement personnel, including its enforcement agents described 64,722
in section 5502.14 of the Revised Code, that include standards of 64,723
conduct, work rules and procedures, and criteria for eligibility 64,725
as law enforcement personnel.
(H) The department shall administer, maintain, and operate 64,727
the Ohio criminal justice network. The Ohio criminal justice 64,728
network shall be a computer network that supports state and local 64,729
criminal justice activities. The network shall be an electronic 64,730
repository for various data, which may include arrest warrants, 64,731
notices of persons wanted by law enforcement agencies, criminal 64,732
records, prison inmate records, stolen vehicle records, vehicle 64,733
operator's licenses, and vehicle registrations and titles. 64,735
Sec. 5505.04. (A) The general administration and 64,744
management of the state highway patrol retirement system and the 64,745
making effective of this chapter are hereby vested in the state 64,746
highway patrol retirement board. The board may sue and be sued, 64,747
plead and be impleaded, contract and be contracted with, and do 64,748
all things necessary to carry out this chapter. 64,749
The board shall consist of the auditor of state, the 64,751
superintendent of the state highway patrol, a retirant-member who 64,752
is a resident of this state, and four employee-members. 64,753
The board shall annually elect a chairperson and 64,755
vice-chairperson from among its members. The vice-chairperson 64,756
shall act as chairperson in the absence of the chairperson. A 64,757
majority of the members of the board shall constitute a quorum 64,758
1425
and any action taken shall be approved by four or more of the 64,759
members. The board shall meet not less than once each year, upon 64,760
sufficient notice to the members. All meetings of the board 64,761
shall be open to the public except executive sessions as set 64,762
forth in division (G) of section 121.22 of the Revised Code, and 64,763
any portions of any sessions discussing medical records or the 64,764
degree of disability of a member excluded from public inspection 64,765
by this section.
(B) The attorney general shall prescribe procedures for 64,767
the adoption of rules authorized under this chapter, consistent 64,768
with the provision of section 111.15 of the Revised Code under 64,769
which all rules shall be filed in order to be effective. Such 64,770
procedures shall establish methods by which notice of proposed 64,771
rules are given to interested parties and rules adopted by the 64,772
board published and otherwise made available. When it files a 64,774
rule with the joint committee on agency rule review pursuant to 64,775
section 111.15 of the Revised Code, the board shall submit to the 64,777
Ohio retirement study council a copy of the full text of the 64,778
rule, and if applicable, a copy of the rule summary and fiscal 64,780
analysis required by division (B) of section 127.18 of the 64,781
Revised Code. 64,783
(C) The retirant-member of the board shall be elected for 64,785
a four-year term by a general election of service and disability 64,786
retirants conducted in a manner approved by the board. The term 64,787
of the initial retirant-member shall commence in August 1990. A 64,788
person who at the time of retirement is an employee-member of the 64,789
board is not eligible to become a retirant-member until three 64,790
years after such person's retirement date. Employee-members of 64,792
the board shall be elected for terms of four years by a general 64,793
election of contributing members conducted in a manner approved 64,794
by the board. The term of office of each employee-member shall 64,795
commence in August of the year in which such member is elected. 64,796
Any vacancy occurring in the term of the retirant-member or any 64,798
employee-member of the board shall be filled by an election 64,799
1426
conducted in the same manner as other retirant-member and 64,800
employee-member elections. The retirant-member or 64,801
employee-member elected shall fill the unexpired term. 64,802
(D)(1) As used in this division, "personal history record" 64,804
means information maintained by the board on a member, former 64,805
member, retirant, or beneficiary that includes the address, 64,806
telephone number, social security number, record of 64,807
contributions, correspondence with the system, and other 64,808
information the board determines to be confidential. 64,809
(2) The records of the board shall be open to public 64,811
inspection, except for the following which shall be excluded: the 64,813
member's, former member's, retirant's, or beneficiary's personal 64,814
history record and the amount of a monthly allowance or benefit 64,815
paid to a retirant, beneficiary, or survivor, except with the 64,816
written authorization of the individual concerned. All medical 64,817
reports and recommendations are privileged except that copies of 64,818
such medical reports or recommendations shall be made available 64,819
to the individual's personal physician, attorney, or authorized 64,820
agent upon written release received from such individual or such 64,821
individual's agent, or when necessary for the proper 64,822
administration of the fund to the board-assigned physician. 64,823
(E) Notwithstanding the exceptions to public inspection in 64,825
division (D)(2) of this section, the board may furnish the 64,826
following information: 64,827
(1) If a member, former member, or retirant is subject to 64,829
an order issued under section 2907.15 of the Revised Code or is 64,830
convicted of or pleads guilty to a violation of section 2921.41 64,831
of the Revised Code, on written request of a prosecutor as 64,832
defined in section 2935.01 of the Revised Code, the board shall 64,833
furnish to the prosecutor the information requested from the 64,834
individual's personal history record. 64,835
(2) Pursuant to a court order issued under section 3113.21 64,837
of the Revised Code, the board shall furnish to a court or child 64,838
support enforcement agency the information required under that 64,839
1427
section. 64,840
(3) At the written request of any nonprofit organization 64,842
or association providing services to retirement system members, 64,843
retirants, or beneficiaries, the board shall provide to the 64,844
organization or association a list of the names and addresses of 64,845
members, former members, retirants, or beneficiaries if the 64,846
organization or association agrees to use such information solely 64,847
in accordance with its stated purpose of providing services to 64,848
such individuals and not for the benefit of other persons, 64,849
organizations, or associations. The costs of compiling, copying, 64,850
and mailing the list shall be paid by such entity. 64,851
(4) Within fourteen days after receiving from the director 64,853
of human JOB AND FAMILY services a list of the names and social
security numbers of recipients of public assistance pursuant to 64,854
section 5101.181 of the Revised Code, the board shall inform the 64,855
auditor of state of the name, current or most recent employer 64,856
address, and social security number of each member whose name and 64,857
social security number are the same as those of a person whose 64,858
name or social security number was submitted by the director. 64,859
The board and its employees, except for purposes of furnishing 64,860
the auditor of state with information required by this section, 64,861
shall preserve the confidentiality of recipients of public 64,862
assistance in compliance with division (A) of section 5101.181 of 64,863
the Revised Code.
(F) A statement that contains information obtained from 64,865
the system's records that is certified and signed by an officer 64,866
of the retirement system and to which the system's official seal 64,867
is affixed, or copies of the system's records to which the 64,868
signature and seal are attached, shall be received as true copies 64,869
of the system's records in any court or before any officer of 64,870
this state. 64,871
Sec. 5703.21. (A) Except as provided in divisions (B), 64,880
(C), (D), (E), (F), and (G) of this section, no agent of the 64,882
department of taxation, except in the agent's report to the 64,883
1428
department or when called on to testify in any court or 64,884
proceeding, shall divulge any information acquired by the agent 64,885
as to the transactions, property, or business of any person while 64,886
acting or claiming to act under orders of the department. 64,887
Whoever violates this provision shall thereafter be disqualified 64,888
from acting as an officer or employee or in any other capacity 64,889
under appointment or employment of the department.
(B)(1) For purposes of an audit pursuant to section 117.15 64,891
of the Revised Code, or an audit of the department pursuant to 64,892
Chapter 117. of the Revised Code, or an audit, pursuant to that 64,893
chapter, the objective of which is to express an opinion on a 64,894
financial report or statement prepared or issued pursuant to 64,895
division (A)(7) or (9) of section 126.21 of the Revised Code, the 64,898
officers and employees of the auditor of state charged with 64,899
conducting the audit shall have access to and the right to 64,900
examine any state tax returns and state tax return information in 64,901
the possession of the department to the extent that the access 64,903
and examination are necessary for purposes of the audit. Any 64,904
information acquired as the result of that access and examination 64,906
shall not be divulged for any purpose other than as required for 64,907
the audit or unless the officers and employees are required to 64,909
testify in a court or proceeding under compulsion of legal 64,910
process. Whoever violates this provision shall thereafter be 64,911
disqualified from acting as an officer or employee or in any 64,912
other capacity under appointment or employment of the auditor of 64,913
state. 64,914
(2) As provided by section 6103(d)(2) of the Internal 64,916
Revenue Code, any federal tax returns or federal tax information 64,917
that the department has acquired from the internal revenue 64,918
service, through federal and state statutory authority, may be 64,919
disclosed to the auditor of state solely for purposes of an audit 64,920
of the department. 64,921
(C) Division (A) of this section does not prohibit 64,923
divulging information contained in applications, complaints, and 64,924
1429
related documents filed with the department under section 5715.27 64,925
of the Revised Code or in applications filed with the department 64,926
under section 5715.39 of the Revised Code. 64,927
(D) Division (A) of this section does not prohibit the 64,929
department of taxation providing information to the division of 64,930
child support within the department of human JOB AND FAMILY 64,931
services, or a child support enforcement agency, pursuant to 64,933
division (G)(2) of section 5101.31 of the Revised Code.
(E) Division (A) of this section does not prohibit the 64,936
disclosure to the board of motor vehicle collision repair 64,937
registration of any information in the possession of the 64,938
department that is necessary for the board to verify the 64,940
existence of an applicant's valid vendor's license and current 64,941
state tax identification number under section 4775.07 of the
Revised Code. 64,942
(F) Division (A) of this section does not prohibit the 64,944
department from providing information to the administrator of 64,945
workers' compensation pursuant to section 4123.591 of the Revised 64,946
Code.
(G) Division (A) of this section does not prohibit the 64,948
department of taxation from providing to the attorney general 64,949
information the department obtains under division (J) of section 64,950
1346.01 of the Revised Code.
Sec. 5709.65. (A) An enterprise issued a certificate 64,960
under section 5709.64 of the Revised Code shall be entitled to 64,961
the following tax incentives: 64,962
(1) With the exception of improvements to land or tangible 64,964
personal property constituting or used in the retail portion, if 64,965
any, of a facility, any improvement to land or tangible personal 64,966
property at a facility for which a certificate is issued, first 64,967
used in business at the facility as the result of a project, 64,968
shall not be considered an asset of a corporate enterprise in 64,969
determining the value of its issued and outstanding stock under 64,970
division (A) of section 5733.05 of the Revised Code at the end of 64,971
1430
the taxable year that includes the certificate's date of 64,972
issuance. 64,973
(2) With the exception of the original cost of 64,975
improvements to land or tangible personal property constituting 64,976
or used in the retail portion, if any, of a facility, the 64,977
original cost of any improvement to land or tangible personal 64,978
property at the facility for which the certificate is issued, 64,979
first used in business at the facility as a result of a project, 64,980
shall be excluded from the numerator upon computation of the 64,981
property factor of a corporate enterprise under division 64,982
(B)(2)(a) of section 5733.05 of the Revised Code, or of a 64,983
noncorporate enterprise under division (A) of section 5747.21 of 64,984
the Revised Code, for the taxable year that includes the 64,985
certificate's date of issuance. 64,986
As used in divisions (A)(1) and (2) of this section, the 64,988
"retail portion" of a facility is that part of a facility used 64,989
primarily for making retail sales as defined in division (O) of 64,990
section 5739.01 of the Revised Code. 64,991
(3) Compensation paid to new employees described under 64,993
divisions (A)(2)(a) to (e) of section 5709.64 of the Revised Code 64,994
at the facility for which the certificate is issued, who are 64,995
hired as a result of a project, shall be excluded from the 64,996
numerator upon computation of the payroll factor of a corporate 64,997
enterprise under division (B)(2)(b) of section 5733.05 of the 64,998
Revised Code, or of a noncorporate enterprise under division (B) 64,999
of section 5747.21 of the Revised Code, for the taxable year that 65,000
includes the certificate's date of issuance. 65,001
(4) An enterprise that reimburses its new employees 65,003
described under divisions (A)(2)(a) to (e) of section 5709.64 of 65,004
the Revised Code for all or part of the cost of day-care services 65,005
necessary to enable them to be employed at a facility for which a 65,006
certificate is issued shall be entitled to a credit equal to the 65,007
amounts so reimbursed, up to a maximum of three hundred dollars 65,008
for each child or dependent receiving the services, for the 65,009
1431
taxable year in which reimbursement is made, against the tax 65,010
imposed by section 5733.06 of the Revised Code on a corporate 65,011
enterprise, or by section 5747.02 of the Revised Code on the 65,012
owners of a noncorporate enterprise, for the taxable year that 65,013
includes the certificate's date of issuance. Only reimbursements 65,014
of amounts paid by new employees to day-care centers licensed by 65,015
the department of human JOB AND FAMILY services for day-care 65,016
services provided during the first twenty-four months of 65,017
employment as a new employee may be applied toward the credit 65,018
provided under this division. Any enterprise claiming this 65,019
credit shall maintain records verifying that the credit is 65,020
claimed only for reimbursement of amounts expended by new 65,021
employees for such services. 65,022
(5) For each new employee described in divisions (A)(2)(a) 65,024
to (e) of section 5709.64 of the Revised Code who completes a 65,025
training program and is subsequently employed by an enterprise 65,026
for at least ninety days, if the enterprise pays or reimburses 65,027
all or part of the cost of the employee's participation in the 65,028
training program, it may claim a credit equal to the amount paid 65,029
or reimbursed or one thousand dollars, whichever is less, in the 65,030
taxable year in which the employee completes the ninety days of 65,031
subsequent employment, against the tax imposed on a corporate 65,032
enterprise by section 5733.06 of the Revised Code, or on the 65,033
owners of a noncorporate enterprise by section 5747.02 of the 65,034
Revised Code. Only one credit shall be allowed with respect to 65,035
any individual. Attendance at a qualified training program under 65,036
this section does not bar an otherwise eligible individual from 65,037
receipt of benefits under Chapter 4141. of the Revised Code. 65,038
(B) None of the items set forth in divisions (A)(2) and 65,040
(3) of this section shall be considered in making any allocation 65,041
or apportionment under division (B)(2)(d) of section 5733.05 or 65,042
division (D) of section 5747.21 of the Revised Code. 65,043
(C) All credits provided under this section to a 65,045
noncorporate enterprise shall be divided pro rata among the 65,046
1432
owners of the enterprise subject to the tax imposed by section 65,047
5747.02 of the Revised Code, based upon their proportionate 65,048
ownership interests in the enterprise. The enterprise shall file 65,049
with the tax commissioner, on a form prescribed by him THE 65,050
COMMISSIONER, a statement showing the total available credit and 65,051
the portion thereof attributed to each owner. The statement 65,053
shall identify each owner by name and social security number and 65,054
shall be filed with the tax commissioner by the date prescribed 65,055
by him THE COMMISSIONER, which shall be no earlier than the 65,056
fifteenth day of the month following the close of the 65,058
enterprise's taxable year for which the credit is claimed. 65,059
(D) All state income tax OR corporation franchise tax 65,061
credits provided under this section shall be claimed in the order 65,062
required under section 5733.98 or 5747.98 of the Revised Code. 65,063
The credits, to the extent they exceed the taxpayer's tax 65,064
liability for the taxable year after allowance for any other 65,065
credits that precede the credits under this section in that 65,066
order, shall be carried forward to the next succeeding taxable 65,067
year or years until fully utilized. All corporation franchise 65,068
tax credits provided under this section shall be claimed in the 65,069
order required under section 5733.98 of the Revised Code. The 65,070
corporation franchise tax credits under this section, to the 65,071
extent they exceed the taxpayer's tax liability for the taxable 65,072
year after allowance for any other credits that precede them in 65,073
that order, shall be carried forward to the next succeeding 65,074
taxable year or years until fully utilized. All state income tax 65,075
credits provided under this section shall be claimed in the order 65,076
required under section 5747.98 of the Revised Code. The credits 65,077
under this section, to the extent they exceed the taxpayer's tax 65,078
liability for the taxable year after allowance for any other 65,079
credits that precede them in that order, shall be carried forward 65,080
to the next succeeding taxable year or years until fully 65,081
utilized. 65,082
Sec. 5709.67. (A) Except as otherwise provided in 65,091
1433
sections 5709.61 to 5709.69 of the Revised Code, the director of 65,092
development shall administer those sections and shall adopt such 65,093
rules as are necessary to ensure that no zone is certified or 65,094
remains certified unless it meets any applicable requirements of 65,095
division (A) of section 5709.61 of the Revised Code, and to 65,096
determine the number of positions attributable to an enterprise 65,097
for the purposes of division (A)(3) of section 5709.64 of the 65,098
Revised Code. The director shall assign to each zone currently 65,099
certified a unique designation by which the zone shall be 65,100
identified for purposes of administering sections 5709.61 to 65,101
5709.69 of the Revised Code. The tax commissioner shall 65,102
administer all other tax incentives provided under sections 65,103
5709.61 to 5709.69 of the Revised Code and shall adopt such rules 65,104
as are necessary to carry out that duty. No tax incentive 65,105
qualification certificate or employee tax credit certificate 65,106
shall be issued or remain in effect unless the enterprise 65,107
applying for or holding the certificate complies with all such 65,108
rules. The state director of human JOB AND FAMILY services shall 65,110
administer the incentive provided under division (B)(1) of 65,111
section 5709.66 of the Revised Code and shall adopt such rules as 65,112
are necessary to carry out that duty. No extension of benefits 65,113
certificate shall be issued or remain in effect unless the 65,114
enterprise applying for or holding the certificate complies with 65,115
all such rules.
(B) Annually the director of development shall report to 65,117
the general assembly the cost to the state of the tax and other 65,118
incentives provided under sections 5709.61 to 5709.69 of the 65,119
Revised Code, the number of tax incentive qualification 65,120
certificates, employee tax credit certificates, and extension of 65,121
benefits certificates issued, the names of the municipal 65,122
corporations and counties that have entered agreements under 65,123
sections 5709.62, 5709.63, and 5709.632 of the Revised Code, and 65,124
the number of new employees hired as a result of the tax and 65,125
other incentives provided under sections 5709.61 to 5709.69 of 65,126
1434
the Revised Code. The report shall include a finding by the 65,127
director as to whether the incentives provided under sections 65,128
5709.61 to 5709.69 of the Revised Code have resulted in the 65,129
creation of more positions in the state than would have been 65,130
created without the incentives. 65,131
(C) All forms used in connection with the administration 65,133
of sections 5709.61 to 5709.69 of the Revised Code, except forms 65,134
administered directly by the tax commissioner, by the state 65,135
director of human JOB AND FAMILY services, or by a county or 65,136
municipal corporation, are subject to review and approval by the 65,138
state forms management control center under sections 125.91 to 65,139
125.98 of the Revised Code. 65,140
Sec. 5733.04. As used in this chapter: 65,149
(A) "Issued and outstanding shares of stock" applies to 65,151
nonprofit corporations, as provided in section 5733.01 of the 65,152
Revised Code, and includes, but is not limited to, membership 65,153
certificates and other instruments evidencing ownership of an 65,154
interest in such nonprofit corporations, and with respect to a 65,155
financial institution that does not have capital stock, "issued 65,157
and outstanding shares of stock" includes, but is not limited to, 65,158
ownership interests of depositors in the capital employed in such 65,159
an institution. 65,160
(B) "Taxpayer" means a corporation subject to the tax 65,162
imposed by section 5733.06 of the Revised Code. 65,163
(C) "Resident" means a corporation organized under the 65,165
laws of this state. 65,166
(D) "Commercial domicile" means the principal place from 65,168
which the trade or business of the taxpayer is directed or 65,169
managed. 65,170
(E) "Taxable year" means the period prescribed by division 65,173
(A) of section 5733.031 of the Revised Code upon the net income 65,175
of which the value of the taxpayer's issued and outstanding 65,176
shares of stock is determined under division (B) of section 65,178
5733.05 of the Revised Code or the period prescribed by division 65,179
1435
(A) of section 5733.031 of the Revised Code that immediately 65,181
precedes the date as of which the total value of the corporation 65,183
is determined under division (A) or (C) of section 5733.05 of the 65,184
Revised Code.
(F) "Tax year" means the calendar year in and for which 65,186
the tax imposed by section 5733.06 of the Revised Code is 65,188
required to be paid.
(G) "Internal Revenue Code" means the "Internal Revenue 65,190
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended. 65,191
(H) "Federal income tax" means the income tax imposed by 65,193
the Internal Revenue Code. 65,194
(I) Except as provided in section 5733.058 of the Revised 65,196
Code, "net income" means the taxpayer's taxable income before 65,198
operating loss deduction and special deductions, as required to 65,199
be reported for the taxpayer's taxable year under the Internal 65,200
Revenue Code, subject to the following adjustments:
(1)(a) Deduct any net operating loss incurred in any 65,202
taxable years ending in 1971 or thereafter but exclusive of any 65,203
net operating loss incurred in taxable years ending prior to 65,204
January 1, 1971. This deduction shall not be allowed in any tax 65,205
year commencing before December 31, 1973, but shall be carried 65,206
over and allowed in tax years commencing after December 31, 1973, 65,207
until fully utilized in the next succeeding taxable year or years 65,208
in which the taxpayer has net income, but in no case for more 65,209
than the designated carryover period as described in division 65,210
(I)(1)(b) of this section. The amount of such net operating 65,211
loss, as determined under the allocation and apportionment 65,212
provisions of section 5733.051 and division (B) of section 65,213
5733.05 of the Revised Code for the year in which the net 65,214
operating loss occurs, shall be deducted from net income, as 65,215
determined under the allocation and apportionment provisions of 65,216
section 5733.051 and division (B) of section 5733.05 of the 65,217
Revised Code, to the extent necessary to reduce net income to 65,218
zero with the remaining unused portion of the deduction, if any, 65,219
1436
carried forward to the remaining years of the designated 65,220
carryover period as described in division (I)(1)(b) of this 65,221
section, or until fully utilized, whichever occurs first. 65,222
(b) For losses incurred in taxable years ending on or 65,224
before December 31, 1981, the designated carryover period shall 65,225
be the five consecutive taxable years after the taxable year in 65,226
which the net operating loss occurred. For losses incurred in 65,227
taxable years ending on or after January 1, 1982, the designated 65,228
carryover period shall be the fifteen consecutive taxable years 65,229
after the taxable year in which the net operating loss occurs. 65,230
(c) The tax commissioner may require a taxpayer to furnish 65,232
any information necessary to support a claim for deduction under 65,233
division (I)(1)(a) of this section and no deduction shall be 65,234
allowed unless the information is furnished. 65,235
(2) Deduct any amount included in net income by 65,237
application of section 78 or 951 of the Internal Revenue Code, 65,238
amounts received for royalties, technical or other services 65,239
derived from sources outside the United States, and dividends 65,240
received from a subsidiary, associate, or affiliated corporation 65,241
that neither transacts any substantial portion of its business 65,242
nor regularly maintains any substantial portion of its assets 65,243
within the United States. For purposes of determining net 65,244
foreign source income deductible under division (I)(2) of this 65,245
section, the amount of gross income from all such sources other 65,246
than income derived by application of section 78 or 951 of the 65,247
Internal Revenue Code shall be reduced by: 65,248
(a) The amount of any reimbursed expenses for personal 65,250
services performed by employees of the taxpayer for the 65,251
subsidiary, associate, or affiliated corporation; 65,252
(b) Ten per cent of the amount of royalty income and 65,254
technical assistance fees; 65,255
(c) Fifteen per cent of the amount of dividends and all 65,257
other income. 65,258
The amounts described in divisions (I)(2)(a) to (c) of this 65,260
1437
section are deemed to be the expenses attributable to the 65,261
production of deductible foreign source income unless the 65,262
taxpayer shows, by clear and convincing evidence, less actual 65,263
expenses, or the tax commissioner shows, by clear and convincing 65,264
evidence, more actual expenses. 65,265
(3) Add any loss or deduct any gain resulting from the 65,267
sale, exchange, or other disposition of a capital asset, or an 65,268
asset described in section 1231 of the Internal Revenue Code, to 65,269
the extent that such loss or gain occurred prior to the first 65,270
taxable year on which the tax provided for in section 5733.06 of 65,271
the Revised Code is computed on the corporation's net income. 65,272
For purposes of division (I)(3) of this section, the amount of 65,273
the prior loss or gain shall be measured by the difference 65,274
between the original cost or other basis of the asset and the 65,275
fair market value as of the beginning of the first taxable year 65,276
on which the tax provided for in section 5733.06 of the Revised 65,277
Code is computed on the corporation's net income. At the option 65,278
of the taxpayer, the amount of the prior loss or gain may be a 65,279
percentage of the gain or loss, which percentage shall be 65,280
determined by multiplying the gain or loss by a fraction, the 65,281
numerator of which is the number of months from the acquisition 65,282
of the asset to the beginning of the first taxable year on which 65,283
the fee provided in section 5733.06 of the Revised Code is 65,284
computed on the corporation's net income, and the denominator of 65,285
which is the number of months from the acquisition of the asset 65,286
to the sale, exchange, or other disposition of the asset. The 65,288
adjustments described in this division do not apply to any gain 65,289
or loss where the gain or loss is recognized by a qualifying 65,290
taxpayer, as defined in section 5733.0510 of the Revised Code, 65,291
with respect to a qualifying taxable event, as defined in that 65,293
section.
(4) Deduct the dividend received deduction provided by 65,295
section 243 of the Internal Revenue Code. 65,296
(5) Deduct any interest or interest equivalent on public 65,298
1438
obligations and purchase obligations to the extent included in 65,299
federal taxable income. As used in divisions (I)(5) and (6) of 65,300
this section, "public obligations," "purchase obligations," and 65,301
"interest or interest equivalent" have the same meanings as in 65,302
section 5709.76 of the Revised Code. 65,303
(6) Add any loss or deduct any gain resulting from the 65,305
sale, exchange, or other disposition of public obligations to the 65,306
extent included in federal taxable income. 65,307
(7) To the extent not otherwise allowed, deduct any 65,309
dividends or distributions received by a taxpayer from a public 65,310
utility, excluding an electric company, if the taxpayer owns at 65,311
least eighty per cent of the issued and outstanding common stock 65,313
of the public utility. As used in division (I)(7) of this 65,314
section, "public utility" means a public utility as defined in 65,315
Chapter 5727. of the Revised Code, whether or not the public 65,316
utility is doing business in the state.
(8) To the extent not otherwise allowed, deduct any 65,318
dividends received by a taxpayer from an insurance company, if 65,319
the taxpayer owns at least eighty per cent of the issued and 65,320
outstanding common stock of the insurance company. As used in 65,321
division (I)(8) of this section, "insurance company" means an 65,322
insurance company that is taxable under Chapter 5725. or 5729. of 65,324
the Revised Code.
(9) Deduct expenditures for modifying existing buildings 65,326
or structures to meet American national standards institute 65,327
standard A-117.1-1961 (R-1971), as amended; provided, that no 65,328
deduction shall be allowed to the extent that such deduction is 65,329
not permitted under federal law or under rules of the tax 65,330
commissioner. Those deductions as are allowed may be taken over 65,331
a period of five years. The tax commissioner shall adopt rules 65,332
under Chapter 119. of the Revised Code establishing reasonable 65,333
limitations on the extent that expenditures for modifying 65,334
existing buildings or structures are attributable to the purpose 65,335
of making the buildings or structures accessible to and usable by 65,336
1439
physically handicapped persons. 65,337
(10) Deduct the amount of wages and salaries, if any, not 65,339
otherwise allowable as a deduction but that would have been 65,340
allowable as a deduction in computing federal taxable income 65,341
before operating loss deduction and special deductions for the 65,342
taxable year, had the targeted jobs credit allowed and determined 65,343
under sections 38, 51, and 52 of the Internal Revenue Code not 65,344
been in effect. 65,345
(11) Deduct net interest income on obligations of the 65,347
United States and its territories and possessions or of any 65,348
authority, commission, or instrumentality of the United States to 65,349
the extent the laws of the United States prohibit inclusion of 65,350
the net interest for purposes of determining the value of the 65,351
taxpayer's issued and outstanding shares of stock under division 65,352
(B) of section 5733.05 of the Revised Code. As used in division 65,353
(I)(11) of this section, "net interest" means interest net of any 65,354
expenses taken on the federal income tax return that would not 65,355
have been allowed under section 265 of the Internal Revenue Code 65,356
if the interest were exempt from federal income tax. 65,357
(12)(a) Except as set forth in division (I)(12)(d) of this 65,359
section, to the extent not included in computing the taxpayer's 65,360
federal taxable income before operating loss deduction and 65,361
special deductions, add gains and deduct losses from direct or 65,362
indirect sales, exchanges, or other dispositions, made by a 65,363
related entity who is not a taxpayer, of the taxpayer's indirect, 65,364
beneficial, or constructive investment in the stock or debt of 65,365
another entity, unless the gain or loss has been included in 65,366
computing the federal taxable income before operating loss 65,367
deduction and special deductions of another taxpayer with a more 65,368
closely related investment in the stock or debt of the other 65,369
entity. The amount of gain added or loss deducted shall not 65,370
exceed the product obtained by multiplying such gain or loss by 65,371
the taxpayer's proportionate share, directly, indirectly, 65,372
beneficially, or constructively, of the outstanding stock of the 65,373
1440
related entity immediately prior to the direct or indirect sale, 65,374
exchange, or other disposition. 65,375
(b) Except as set forth in division (I)(12)(e) of this 65,377
section, to the extent not included in computing the taxpayer's 65,378
federal taxable income before operating loss deduction and 65,379
special deductions, add gains and deduct losses from direct or 65,380
indirect sales, exchanges, or other dispositions made by a 65,381
related entity who is not a taxpayer, of intangible property 65,382
other than stock, securities, and debt, if such property was 65,383
owned, or used in whole or in part, at any time prior to or at 65,384
the time of the sale, exchange, or disposition by either the 65,385
taxpayer or by a related entity that was a taxpayer at any time 65,386
during the related entity's ownership or use of such property, 65,387
unless the gain or loss has been included in computing the 65,388
federal taxable income before operating loss deduction and 65,389
special deductions of another taxpayer with a more closely 65,390
related ownership or use of such intangible property. The 65,391
amount of gain added or loss deducted shall not exceed the 65,392
product obtained by multiplying such gain or loss by the 65,393
taxpayer's proportionate share, directly, indirectly, 65,394
beneficially, or constructively, of the outstanding stock of the 65,395
related entity immediately prior to the direct or indirect sale, 65,396
exchange, or other disposition. 65,397
(c) As used in division (I)(12) of this section, "related 65,399
entity" means those entities described in divisions (I)(12)(c)(i) 65,400
to (iii) of this section: 65,401
(i) An individual stockholder, or a member of the 65,403
stockholder's family enumerated in section 318 of the Internal 65,404
Revenue Code, if the stockholder and the members of the 65,405
stockholder's family own, directly, indirectly, beneficially, or 65,406
constructively, in the aggregate, at least fifty per cent of the 65,407
value of the taxpayer's outstanding stock; 65,408
(ii) A stockholder, or a stockholder's partnership, 65,410
estate, trust, or corporation, if the stockholder and the 65,411
1441
stockholder's partnerships, estates, trusts, and corporations own 65,412
directly, indirectly, beneficially, or constructively, in the 65,413
aggregate, at least fifty per cent of the value of the taxpayer's 65,414
outstanding stock; 65,415
(iii) A corporation, or a party related to the corporation 65,417
in a manner that would require an attribution of stock from the 65,418
corporation to the party or from the party to the corporation 65,419
under division (I)(12)(c)(iv) of this section, if the taxpayer 65,420
owns, directly, indirectly, beneficially, or constructively, at 65,421
least fifty per cent of the value of the corporation's 65,422
outstanding stock. 65,423
(iv) The attribution rules of section 318 of the Internal 65,425
Revenue Code apply for purposes of determining whether the 65,426
ownership requirements in divisions (I)(12)(c)(i) to (iii) of 65,427
this section have been met. 65,428
(d) For purposes of the adjustments required by division 65,430
(I)(12)(a) of this section, the term "investment in the stock or 65,431
debt of another entity" means only those investments where the 65,432
taxpayer and the taxpayer's related entities directly, 65,433
indirectly, beneficially, or constructively own, in the 65,434
aggregate, at any time during the twenty-four month period 65,435
commencing one year prior to the direct or indirect sale, 65,436
exchange, or other disposition of such investment at least fifty 65,437
per cent or more of the value of either the outstanding stock or 65,438
such debt of such other entity. 65,439
(e) For purposes of the adjustments required by division 65,441
(I)(12)(b) of this section, the term "related entity" excludes 65,442
all of the following: 65,443
(i) Foreign corporations as defined in section 7701 of the 65,445
Internal Revenue Code; 65,446
(ii) Foreign partnerships as defined in section 7701 of 65,448
the Internal Revenue Code; 65,449
(iii) Corporations, partnerships, estates, and trusts 65,451
created or organized in or under the laws of the Commonwealth of 65,452
1442
Puerto Rico or any possession of the United States; 65,453
(iv) Foreign estates and foreign trusts as defined in 65,455
section 7701 of the Internal Revenue Code. 65,456
The exclusions described in divisions (I)(12)(e)(i) to (iv) 65,458
of this section do not apply if the corporation, partnership, 65,459
estate, or trust is described in any one of divisions (C)(1) to 65,460
(5) of section 5733.042 of the Revised Code. 65,461
(f) Nothing in division (I)(12) of this section shall 65,463
require or permit a taxpayer to add any gains or deduct any 65,464
losses described in divisions (I)(12)(f)(i) and (ii) of this 65,465
section: 65,466
(i) Gains or losses recognized for federal income tax 65,468
purposes by an individual, estate, or trust without regard to the 65,469
attribution rules described in division (I)(12)(c) of this 65,470
section; 65,471
(ii) A related entity's gains or losses described in 65,473
division (I)(12)(b) if the taxpayer's ownership of or use of such 65,474
intangible property was limited to a period not exceeding nine 65,475
months and was attributable to a transaction or a series of 65,476
transactions executed in accordance with the election or 65,477
elections made by the taxpayer or a related entity pursuant to 65,478
section 338 of the Internal Revenue Code. 65,479
(13) Any adjustment required by section 5733.042 of the 65,481
Revised Code. 65,482
(14) Add any amount claimed as a credit under section 65,485
5733.0611 of the Revised Code to the extent that such amount 65,488
satisfies either of the following:
(a) It was deducted or excluded from the computation of 65,490
the corporation's taxable income before operating loss deduction 65,492
and special deductions as required to be reported for the 65,493
corporation's taxable year under the Internal Revenue Code; 65,496
(b) It resulted in a reduction of the corporation's 65,498
taxable income before operating loss deduction and special 65,500
deductions as required to be reported for any of the 65,501
1443
corporation's taxable years under the Internal Revenue Code. 65,504
(15) Deduct the amount contributed by the taxpayer to an 65,507
individual development account program established by a county 65,508
department of human JOB AND FAMILY services pursuant to sections 65,510
329.11 to 329.14 of the Revised Code for the purpose of matching 65,513
funds deposited by program participants. On request of the tax 65,514
commissioner, the taxpayer shall provide any information that, in 65,515
the tax commissioner's opinion, is necessary to establish the 65,516
amount deducted under division (I)(15) of this section. 65,517
(16) Any adjustment required by section 5733.0510 of the 65,519
Revised Code. 65,520
(J) Any term used in this chapter has the same meaning as 65,522
when used in comparable context in the laws of the United States 65,523
relating to federal income taxes unless a different meaning is 65,524
clearly required. Any reference in this chapter to the Internal 65,525
Revenue Code includes other laws of the United States relating to 65,526
federal income taxes. 65,527
(K) "Financial institution" has the meaning given by 65,529
section 5725.01 of the Revised Code but does not include a 65,531
production credit association as described in 85 Stat. 597, 12 65,532
U.S.C.A. 2091. 65,534
(L)(1) A "qualifying holding company" is any corporation 65,537
satisfying all of the following requirements: 65,538
(a) Subject to divisions (L)(2) and (3) of this section, 65,541
the net book value of the corporation's intangible assets is 65,542
greater than or equal to ninety per cent of the net book value of 65,543
all of its assets and at least fifty per cent of the net book 65,544
value of all of its assets represents direct or indirect 65,545
investments in the equity of, loans and advances to, and accounts 65,547
receivable due from related members;
(b) At least ninety per cent of the corporation's gross 65,550
income for the taxable year is attributable to the following: 65,551
(i) The maintenance, management, ownership, acquisition, 65,553
use, and disposition of its intangible property, its aircraft the 65,555
1444
use of which is not subject to regulation under 14 C.F.R. part 65,557
121 or part 135, and any real property described in division 65,558
(L)(2)(c) of this section; 65,560
(ii) The collection and distribution of income from such 65,563
property.
(c) The corporation is not a financial institution on the 65,566
last day of the taxable year ending prior to the first day of the 65,568
tax year;
(d) The corporation's related members make a good faith 65,571
and reasonable effort to make timely and fully the adjustments 65,572
required by division (C)(2) of section 5733.05 of the Revised 65,574
Code and to pay timely and fully all uncontested taxes, interest, 65,575
penalties, and other fees and charges imposed under this chapter; 65,576
(e) Subject to division (L)(4) of this section, the 65,579
corporation elects to be treated as a qualifying holding company 65,580
for the tax year. 65,581
A corporation otherwise satisfying divisions (L)(1)(a) to 65,585
(e) of this section that does not elect to be a qualifying 65,586
holding company is not a qualifying holding company for the 65,587
purposes of this chapter.
(2)(a)(i) For purposes of making the ninety per cent 65,590
computation under division (L)(1)(a) of this section, the net 65,593
book value of the corporation's assets shall not include the net 65,594
book value of aircraft or real property described in division 65,595
(L)(1)(b)(i) of this section. 65,597
(ii) For purposes of making the fifty per cent computation 65,600
under division (L)(1)(a) of this section, the net book value of 65,602
assets shall include the net book value of aircraft or real 65,603
property described in division (L)(1)(b)(i) of this section. 65,606
(b)(i) As used in division (L) of this section, 65,609
"intangible asset" includes, but is not limited to, the 65,610
corporation's direct interest in each pass-through entity only if 65,611
at all times during the corporation's taxable year ending prior 65,612
to the first day of the tax year the corporation's and the 65,613
1445
corporation's related members' combined direct and indirect 65,614
interests in the capital or profits of such pass-through entity 65,615
do not exceed fifty per cent. If the corporation's interest in 65,616
the pass-through entity is an intangible asset for that taxable 65,617
year, then the distributive share of any income from the 65,618
pass-through entity shall be income from an intangible asset for 65,619
that taxable year.
(ii) If a corporation's and the corporation's related 65,622
members' combined direct and indirect interests in the capital or 65,623
profits of a pass-through entity exceed fifty per cent at any 65,624
time during the corporation's taxable year ending prior to the 65,625
first day of the tax year, "intangible asset" does not include 65,626
the corporation's direct interest in the pass-through entity, and 65,627
the corporation shall include in its assets its proportionate 65,628
share of the assets of any such pass-through entity and shall 65,629
include in its gross income its distributive share of the gross 65,630
income of such pass-through entity in the same form as was earned 65,631
by the pass-through entity. 65,632
(iii) A pass-through entity's direct or indirect 65,635
proportionate share of any other pass-through entity's assets 65,636
shall be included for the purpose of computing the corporation's 65,637
proportionate share of the pass-through entity's assets under 65,638
division (L)(2)(b)(ii) of this section, and such pass-through 65,640
entity's distributive share of any other pass-through entity's 65,641
gross income shall be included for purposes of computing the 65,642
corporation's distributive share of the pass-through entity's 65,643
gross income under division (L)(2)(b)(ii) of this section. 65,646
(c) For the purposes of divisions (L)(1)(b)(i), 65,649
(1)(b)(ii), (2)(a)(i), and (2)(a)(ii) of this section, real 65,652
property is described in division (L)(2)(c) of this section only 65,654
if all of the following conditions are present at all times 65,655
during the taxable year ending prior to the first day of the tax 65,656
year:
(i) The real property serves as the headquarters of the 65,659
1446
corporation's trade or business, or is the place from which the 65,660
corporation's trade or business is principally managed or 65,661
directed;
(ii) Not more than ten per cent of the value of the real 65,664
property and not more than ten per cent of the square footage of 65,665
the building or buildings that are part of the real property is
used, made available, or occupied for the purpose of providing, 65,666
acquiring, transferring, selling, or disposing of tangible 65,668
property or services in the normal course of business to persons 65,669
other than related members, the corporation's employees and their 65,670
families, and such related members' employees and their families. 65,671
(d) As used in division (L) of this section, "related 65,673
member" has the same meaning as in division (A)(6) of section 65,676
5733.042 of the Revised Code without regard to division (B) of 65,679
that section.
(3) The percentages described in division (L)(1)(a) of 65,683
this section shall be equal to the quarterly average of those 65,684
percentages as calculated during the corporation's taxable year 65,685
ending prior to the first day of the tax year. 65,686
(4) With respect to the election described in division 65,688
(L)(1)(e) of this section: 65,690
(a) The election need not accompany a timely filed report; 65,693
(b) The election need not accompany the report; rather, 65,695
the election may accompany a subsequently filed but timely 65,696
application for refund and timely amended report, or a 65,698
subsequently filed but timely petition for reassessment; 65,699
(c) The election is not irrevocable; 65,702
(d) The election applies only to the tax year specified by 65,705
the corporation;
(e) The corporation's related members comply with division 65,707
(L)(1)(d) of this section. 65,708
Nothing in division (L)(4) of this section shall be 65,711
construed to extend any statute of limitations set forth in this 65,712
chapter. 65,713
1447
(M) "Qualifying controlled group" means two or more 65,716
corporations that satisfy the ownership and control requirements 65,717
of division (A) of section 5733.052 of the Revised Code. 65,720
(N) "Limited liability company" means any limited 65,722
liability company formed under Chapter 1705. of the Revised Code 65,724
or under the laws of any other state.
(O) "Pass-through entity" means a corporation that has 65,727
made an election under subchapter S of Chapter 1 of Subtitle A of 65,729
the Internal Revenue Code for its taxable year under that code, 65,732
or a partnership, limited liability company, or any other person, 65,733
other than an individual, trust, or estate, if the partnership, 65,734
limited liability company, or other person is not classified for 65,735
federal income tax purposes as an association taxed as a 65,736
corporation. 65,737
(P) "Electric company" and "combined company" have the 65,739
same meanings as in section 5727.01 of the Revised Code. 65,741
Sec. 5733.33. (A) As used in this section: 65,750
(1) "Manufacturing machinery and equipment" means engines 65,752
and machinery, and tools and implements, of every kind used, or 65,753
designed to be used, in refining and manufacturing. 65,754
"Manufacturing machinery and equipment" does not include property 65,755
acquired after December 31, 1999, that is used: 65,756
(a) For the transmission and distribution of electricity; 65,758
(b) For the generation of electricity if fifty per cent or 65,760
more of the electricity that the property generates is consumed, 65,761
during the one-hundred-twenty-month period commencing with the 65,763
date the property is placed in service, by persons that are not 65,764
related members to the person who generates the electricity. 65,765
(2) "New manufacturing machinery and equipment" means 65,767
manufacturing machinery and equipment, the original use in this 65,768
state of which commences with the taxpayer or with a partnership 65,769
of which the taxpayer is a partner. "New manufacturing machinery 65,771
and equipment" does not include property acquired after December 65,772
31, 1999, that is used:
1448
(a) For the transmission and distribution of electricity; 65,774
(b) For the generation of electricity if fifty per cent or 65,776
more of the electricity that the property generates is consumed, 65,777
during the one-hundred-twenty-month period commencing with the 65,779
date the property is placed in service, by persons that are not 65,780
related members to the person who generates the electricity. 65,781
(3)(a) "Purchase" has the same meaning as in section 65,783
179(d)(2) of the Internal Revenue Code. 65,784
(b) For purposes of this section, any property that is not 65,787
manufactured or assembled primarily by the taxpayer is considered 65,788
purchased at the time the agreement to acquire the property 65,790
becomes binding. Any property that is manufactured or assembled 65,791
primarily by the taxpayer is considered purchased at the time the 65,792
taxpayer places the property in service in the county for which
the taxpayer will calculate the county excess amount. 65,793
(c) Notwithstanding section 179(d) of the Internal Revenue 65,795
Code, a taxpayer's direct or indirect acquisition of new 65,796
manufacturing machinery and equipment is not purchased on or 65,797
after July 1, 1995, if the taxpayer, or a person whose 65,798
relationship to the taxpayer is described in subparagraphs (A), 65,799
(B), or (C) of section 179(d)(2) of the Internal Revenue Code, 65,800
had directly or indirectly entered into a binding agreement to 65,801
acquire the property at any time prior to July 1, 1995. 65,802
(4) "Qualifying period" means the period that begins July 65,804
1, 1995, and ends December 31, 2005. 65,805
(5) "County average new manufacturing machinery and 65,807
equipment investment" means either of the following: 65,808
(a) The average annual cost of new manufacturing machinery 65,811
and equipment purchased for use in the county during baseline 65,812
years, in the case of a taxpayer or partnership that was in 65,813
existence for more than one year during baseline years. 65,814
(b) Zero, in the case of a taxpayer or partnership that 65,816
was not in existence for more than one year during baseline 65,817
years. 65,818
1449
(6) "Partnership" includes a limited liability company 65,821
formed under Chapter 1705. of the Revised Code or under the laws 65,823
of any other state, provided that the company is not classified 65,824
for federal income tax purposes as an association taxable as a 65,825
corporation. 65,826
(7) "Partner" includes a member of a limited liability 65,828
company formed under Chapter 1705. of the Revised Code or under 65,830
the laws of any other state, provided that the company is not 65,831
classified for federal income tax purposes as an association 65,832
taxable as a corporation. 65,833
(8) "Distressed area" means either a municipal corporation 65,835
that has a population of at least fifty thousand or a county that 65,837
meets two of the following criteria of economic distress, or a 65,838
municipal corporation the majority of the population of which is 65,839
situated in such a county:
(a) Its average rate of unemployment, during the most 65,842
recent five-year period for which data are available, is equal to 65,843
at least one hundred twenty-five per cent of the average rate of 65,844
unemployment for the United States for the same period;
(b) It has a per capita income equal to or below eighty 65,847
per cent of the median county per capita income of the United 65,848
States as determined by the most recently available figures from 65,849
the United States census bureau; 65,850
(c)(i) In the case of a municipal corporation, at least 65,853
twenty per cent of the residents have a total income for the most 65,854
recent census year that is below the official poverty line; 65,855
(ii) In the case of a county, in intercensal years, the 65,858
county has a ratio of transfer payment income to total county 65,859
income equal to or greater than twenty-five per cent. 65,860
(9) "Eligible area" means a distressed area, a labor 65,862
surplus area, an inner city area, or a situational distress area. 65,864
(10) "Inner city area" means, in a municipal corporation 65,866
that has a population of at least one hundred thousand and does 65,867
not meet the criteria of a labor surplus area or a distressed 65,868
1450
area, targeted investment areas established by the municipal 65,869
corporation within its boundaries that are comprised of the most 65,870
recent census block tracts that individually have at least twenty 65,871
per cent of their population at or below the state poverty level 65,872
or other census block tracts contiguous to such census block 65,873
tracts.
(11) "Labor surplus area" means an area designated as a 65,875
labor surplus area by the United States department of labor. 65,877
(12) "Official poverty line" has the same meaning as in 65,879
division (A) of section 3923.51 of the Revised Code. 65,880
(13) "Situational distress area" means a county or a 65,882
municipal corporation that has experienced or is experiencing a 65,883
closing or downsizing of a major employer, that will adversely 65,884
affect the county's or municipal corporation's economy. In order 65,886
to be designated as a situational distress area for a period not 65,887
to exceed thirty-six months, the county or municipal corporation 65,888
may petition the director of development. The petition shall 65,889
include written documentation that demonstrates all of the 65,890
following adverse effects on the local economy: 65,891
(a) The number of jobs lost by the closing or downsizing; 65,893
(b) The impact that the job loss has on the county's or 65,896
municipal corporation's unemployment rate as measured by the Ohio 65,897
bureau STATE DIRECTOR of employment JOB AND FAMILY services; 65,898
(c) The annual payroll associated with the job loss; 65,900
(d) The amount of state and local taxes associated with 65,902
the job loss;
(e) The impact that the closing or downsizing has on the 65,904
suppliers located in the county or municipal corporation. 65,905
(14) "Cost" has the same meaning and limitation as in 65,907
section 179(d)(3) of the Internal Revenue Code. 65,908
(15) "Baseline years" means: 65,910
(a) Calendar years 1992, 1993, and 1994, with regard to a 65,912
credit claimed for the purchase during calendar year 1995, 1996, 65,913
1997, or 1998 of new manufacturing machinery and equipment; 65,914
1451
(b) Calendar years 1993, 1994, and 1995, with regard to a 65,916
credit claimed for the purchase during calendar year 1999 of new 65,917
manufacturing machinery and equipment; 65,918
(c) Calendar years 1994, 1995, and 1996, with regard to a 65,920
credit claimed for the purchase during calendar year 2000 of new 65,921
manufacturing machinery and equipment; 65,922
(d) Calendar years 1995, 1996, and 1997, with regard to a 65,924
credit claimed for the purchase during calendar year 2001 of new 65,925
manufacturing machinery and equipment; 65,926
(e) Calendar years 1996, 1997, and 1998, with regard to a 65,928
credit claimed for the purchase during calendar year 2002 of new 65,929
manufacturing machinery and equipment; 65,930
(f) Calendar years 1997, 1998, and 1999, with regard to a 65,932
credit claimed for the purchase during calendar year 2003 of new 65,933
manufacturing machinery and equipment; 65,934
(g) Calendar years 1998, 1999, and 2000, with regard to a 65,936
credit claimed for the purchase during calendar year 2004 of new 65,937
manufacturing machinery and equipment; 65,938
(h) Calendar years 1999, 2000, and 2001, with regard to a 65,940
credit claimed for the purchase during calendar year 2005 of new 65,941
manufacturing machinery and equipment; 65,942
(16) "Related member" has the same meaning as in section 65,944
5733.042 of the Revised Code. 65,945
(B)(1) Subject to division (I)(J) of this section, a 65,947
nonrefundable credit is allowed against the tax imposed by 65,949
section 5733.06 of the Revised Code for a taxpayer that purchases 65,950
new manufacturing machinery and equipment during the qualifying 65,951
period, provided that the new manufacturing machinery and 65,952
equipment are installed in this state no later than December 31, 65,954
2006.
(2) The credit is also available to a taxpayer that is a 65,956
partner in a partnership that purchases new manufacturing 65,957
machinery and equipment during the qualifying period, provided 65,958
that the partnership installs the new manufacturing machinery and 65,959
1452
equipment in this state no later than December 31, 2006. The 65,960
taxpayer shall determine the credit amount as provided in 65,962
division (H) of this section.
(3)(a) Except as otherwise provided in division (B)(3)(b) 65,964
of this section, a credit may be claimed under this section in 65,965
excess of one million dollars only if the cost of all 65,966
manufacturing machinery and equipment owned in this state by the 65,967
taxpayer claiming the credit on the last day of the calendar year 65,968
exceeds the cost of all manufacturing machinery and equipment 65,969
owned in this state by the taxpayer on the first day of that 65,970
calendar year.
As used in division (B)(3)(a) of this section, "calendar 65,973
year" means the calendar year in which the machinery and
equipment for which the credit is claimed was purchased. 65,974
(b) Division (B)(3)(a) of this section does not apply if 65,977
the taxpayer claiming the credit applies for and is issued a 65,978
waiver of the requirement of that division. A taxpayer may apply 65,979
to the director of development for such a waiver in the manner 65,980
prescribed by the director, and the director may issue such a 65,981
waiver if the director determines that granting the credit is 65,982
necessary to increase or retain employees in this state, and that 65,984
the credit has not caused relocation of manufacturing machinery 65,985
and equipment among counties within this state for the primary 65,986
purpose of qualifying for the credit. 65,987
(C)(1) Except as otherwise provided in division (C)(2) and 65,990
division (I)(J) of this section, the credit amount is equal to 65,991
seven and one-half per cent of the excess of the cost of the new
manufacturing machinery and equipment purchased during the 65,993
calendar year for use in a county over the county average new 65,994
manufacturing machinery and equipment investment for that county. 65,995
(2) Subject to division (I)(J) of this section, as used in 65,998
division (C)(2) of this section, "county excess" means the 65,999
taxpayer's excess cost for a county as computed under division 66,001
(C)(1) of this section.
1453
Subject to division (I)(J) of this section, a taxpayer with 66,004
a county excess, whose purchases included purchases for use in 66,005
any eligible area in the county, the credit amount is equal to 66,006
thirteen and one-half per cent of the cost of the new 66,007
manufacturing machinery and equipment purchased during the 66,008
calendar year for use in the eligible areas in the county, 66,009
provided that the cost subject to the thirteen and one-half per 66,010
cent rate shall not exceed the county excess. If the county 66,011
excess is greater than the cost of the new manufacturing 66,012
machinery and equipment purchased during the calendar year for 66,014
use in eligible areas in the county, the credit amount also shall 66,015
include an amount equal to seven and one-half per cent of the 66,016
amount of the difference.
(3) If a taxpayer is allowed a credit for purchases of new 66,018
manufacturing machinery and equipment in more than one county or 66,019
eligible area, it shall aggregate the amount of those credits 66,020
each year.
(4) The taxpayer shall claim one-seventh of the credit 66,022
amount for the tax year immediately following the calendar year 66,023
in which the new manufacturing machinery and equipment is 66,024
purchased for use in the county by the taxpayer or partnership. 66,026
One-seventh of the taxpayer credit amount is allowed for each of 66,027
the six ensuing tax years. Except for carried-forward amounts, 66,028
the taxpayer is not allowed any credit amount remaining if the 66,029
new manufacturing machinery and equipment is sold by the taxpayer 66,031
or partnership or is transferred by the taxpayer or partnership 66,032
out of the county before the end of the seven-year period unless, 66,033
at the time of the sale or transfer, the new manufacturing
machinery and equipment has been fully depreciated for federal 66,034
income tax purposes. 66,035
(5)(a) A taxpayer that acquires manufacturing machinery 66,037
and equipment as a result of a merger with the taxpayer with whom 66,039
commenced the original use in this state of the manufacturing 66,040
machinery and equipment, or with a taxpayer that was a partner in 66,041
1454
a partnership with whom commenced the original use in this state 66,042
of the manufacturing machinery and equipment, is entitled to any 66,043
remaining or carried-forward credit amounts to which the taxpayer 66,044
was entitled.
(b) A taxpayer that enters into an agreement under 66,046
division (C)(3) of section 5709.62 of the Revised Code and that 66,047
acquires manufacturing machinery or equipment as a result of 66,049
purchasing a large manufacturing facility, as defined in section
5709.61 of the Revised Code, from another taxpayer with whom 66,050
commenced the original use in this state of the manufacturing 66,052
machinery or equipment, and that operates the large manufacturing 66,053
facility so purchased, is entitled to any remaining or
carried-forward credit amounts to which the other taxpayer who 66,054
sold the facility would have been entitled under this section had 66,056
the other taxpayer not sold the manufacturing facility or 66,057
equipment.
(c) New manufacturing machinery and equipment is not 66,060
considered sold if a pass-through entity transfers to another 66,061
pass-through entity substantially all of its assets as part of a 66,062
plan of reorganization under which substantially all gain and 66,063
loss is not recognized by the pass-through entity that is 66,064
transferring the new manufacturing machinery and equipment to the 66,065
transferee and under which the transferee's basis in the new
manufacturing machinery and equipment is determined, in whole or 66,066
in part, by reference to the basis of the pass-through entity 66,067
which transferred the new manufacturing machinery and equipment 66,068
to the transferee. 66,069
(d) Division (C)(5) of this section shall apply only if 66,071
the acquiring taxpayer or transferee does not sell the new 66,073
manufacturing machinery and equipment or transfer the new 66,074
manufacturing machinery and equipment out of the county before 66,075
the end of the seven-year period to which division (C)(4) of this 66,076
section refers.
(e) Division (C)(5)(b) of this section applies only to the 66,079
1455
extent that the taxpayer that sold the manufacturing machinery or 66,080
equipment, upon request, timely provides to the tax commissioner 66,081
any information that the tax commissioner considers to be 66,082
necessary to ascertain any remaining or carried-forward amounts 66,083
to which the taxpayer that sold the facility would have been 66,084
entitled under this section had the taxpayer not sold the 66,085
manufacturing machinery or equipment. Nothing in division 66,086
(C)(5)(b) or (e) of this section shall be construed to allow a 66,088
taxpayer to claim any credit amount with respect to the acquired 66,089
manufacturing machinery or equipment that is greater than the 66,090
amount that would have been available to the other taxpayer that 66,091
sold the manufacturing machinery or equipment had the other 66,092
taxpayer not sold the manufacturing machinery or equipment. 66,093
(D) The taxpayer shall claim the credit in the order 66,096
required under section 5733.98 of the Revised Code. Each year, 66,097
any credit amount in excess of the tax due under section 5733.06 66,098
of the Revised Code after allowing for any other credits that 66,100
precede the credit under this section in that order may be 66,101
carried forward for three tax years. 66,102
(E) A taxpayer purchasing new manufacturing machinery and 66,105
equipment and intending to claim the credit shall file, with the 66,106
department of development, a notice of intent to claim the credit 66,107
on a form prescribed by the department of development. The 66,108
department of development shall inform the tax commissioner of 66,109
the notice of intent to claim the credit. 66,110
(F) The director of development shall annually certify, by 66,113
the first day of January of each year during the qualifying 66,114
period, the eligible areas for the tax credit for the calendar 66,115
year that includes that first day of January. The director shall 66,116
send a copy of the certification to the tax commissioner. 66,117
(G) New manufacturing machinery and equipment for which a 66,119
taxpayer claims the credit under section 5733.31, 5733.311, 66,121
5747.26, or 5747.261 of the Revised Code shall not be considered 66,123
new manufacturing machinery and equipment for purposes of the 66,124
1456
credit under this section.
(H)(1) With regard to a taxpayer that is a partner in a 66,126
partnership, the county average new manufacturing machinery and 66,127
equipment investment shall be determined based on the number of 66,128
years, if any, the partnership was in existence during baseline 66,129
years. In determining the county average new manufacturing 66,130
machinery and equipment investment, the excess of the cost of new 66,131
manufacturing machinery and equipment purchased during the 66,132
calendar year, and all other amounts necessary to calculate the
credit allowed by this section, the taxpayer shall include the 66,133
taxpayer's proportionate share of the cost of new manufacturing 66,135
machinery and equipment purchased by a partnership in which the 66,136
corporation had a direct or indirect investment during the 66,137
calendar year prior to the first day of a tax year for which the 66,138
taxpayer is claiming the credit. These determinations and 66,139
calculations shall be made for the taxpayer's calendar year 66,140
during which the partnership made the purchase. 66,141
(2) Nothing in this section shall be construed to limit or 66,143
disallow pass-through treatment of a pass-through entity's 66,144
income, deductions, credits, or other amounts necessary to 66,145
compute the tax imposed by section 5733.06 of the Revised Code 66,146
and the credits allowed by this chapter. 66,147
(I)(1) Notwithstanding sections 5733.11 and 5747.13 of the 66,150
Revised Code, but subject to division (I)(2) of this section, the 66,152
tax commissioner may issue an assessment against a person with
respect to a credit claimed under this section for new 66,153
manufacturing machinery and equipment described in division 66,154
(A)(1)(b) or (2)(b) of this section, if the machinery or 66,156
equipment subsequently does not qualify for the credit. 66,157
(2) Division (I)(1) of this section shall not apply after 66,159
the twenty-fourth month following the last day of the period 66,160
described in divisions (A)(1)(b) and (2)(b) of this section. 66,163
(I)(J) In the case of a taxpayer having a related member 66,165
or a group of taxpayers having a related member, the credit 66,166
1457
available under this section to the taxpayer or group of 66,167
taxpayers shall be computed as if the taxpayer or all taxpayers 66,168
of the group and all such related members were a consolidated, 66,169
single taxpayer. The credit shall be allocated to such taxpayer 66,170
or to such group of taxpayers in any amount elected for the 66,171
taxable year by the taxpayer or group. Such election shall be 66,172
revocable and amendable during the period described in division 66,173
(B) of section 5733.12 of the Revised Code with respect to the 66,174
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 66,176
with respect to the tax imposed by section 5747.02 of the Revised 66,177
Code. Nothing in this section shall be construed to treat as a 66,179
purchase the acquisition of new manufacturing machinery and
equipment if such purchase would not qualify as a purchase of new 66,181
manufacturing machinery and equipment without regard to the
consolidation requirement set forth in this section. 66,182
Sec. 5747.01. Except as otherwise expressly provided or 66,191
clearly appearing from the context, any term used in this chapter 66,192
has the same meaning as when used in a comparable context in the 66,193
Internal Revenue Code, and all other statutes of the United 66,194
States relating to federal income taxes. 66,195
As used in this chapter: 66,197
(A) "Adjusted gross income" or "Ohio adjusted gross 66,199
income" means adjusted gross income as defined and used in the 66,200
Internal Revenue Code, adjusted as provided in this section: 66,201
(1) Add interest or dividends on obligations or securities 66,203
of any state or of any political subdivision or authority of any 66,204
state, other than this state and its subdivisions and 66,205
authorities.
(2) Add interest or dividends on obligations of any 66,207
authority, commission, instrumentality, territory, or possession 66,208
of the United States that are exempt from federal income taxes 66,209
but not from state income taxes. 66,210
(3) Deduct interest or dividends on obligations of the 66,212
1458
United States and its territories and possessions or of any 66,213
authority, commission, or instrumentality of the United States to 66,214
the extent included in federal adjusted gross income but exempt 66,215
from state income taxes under the laws of the United States. 66,216
(4) Deduct disability and survivor's benefits to the 66,218
extent included in federal adjusted gross income. 66,219
(5) Deduct benefits under Title II of the Social Security 66,221
Act and tier 1 railroad retirement benefits to the extent 66,222
included in federal adjusted gross income under section 86 of the 66,223
Internal Revenue Code. 66,224
(6) Add, in the case of a taxpayer who is a beneficiary of 66,226
a trust that makes an accumulation distribution as defined in 66,227
section 665 of the Internal Revenue Code, the portion, if any, of 66,228
such distribution that does not exceed the undistributed net 66,229
income of the trust for the three taxable years preceding the 66,230
taxable year in which the distribution is made. "Undistributed 66,231
net income of a trust" means the taxable income of the trust 66,232
increased by (a)(i) the additions to adjusted gross income 66,233
required under division (A) of this section and (ii) the personal 66,234
exemptions allowed to the trust pursuant to section 642(b) of the 66,235
Internal Revenue Code, and decreased by (b)(i) the deductions to 66,236
adjusted gross income required under division (A) of this 66,237
section, (ii) the amount of federal income taxes attributable to 66,238
such income, and (iii) the amount of taxable income that has been 66,239
included in the adjusted gross income of a beneficiary by reason 66,240
of a prior accumulation distribution. Any undistributed net 66,241
income included in the adjusted gross income of a beneficiary 66,242
shall reduce the undistributed net income of the trust commencing 66,243
with the earliest years of the accumulation period. 66,244
(7) Deduct the amount of wages and salaries, if any, not 66,246
otherwise allowable as a deduction but that would have been 66,247
allowable as a deduction in computing federal adjusted gross 66,248
income for the taxable year, had the targeted jobs credit allowed 66,249
and determined under sections 38, 51, and 52 of the Internal 66,250
1459
Revenue Code not been in effect. 66,251
(8) Deduct any interest or interest equivalent on public 66,253
obligations and purchase obligations to the extent included in 66,254
federal adjusted gross income. 66,255
(9) Add any loss or deduct any gain resulting from the 66,257
sale, exchange, or other disposition of public obligations to the 66,258
extent included in federal adjusted gross income. 66,259
(10) Regarding tuition credits purchased under Chapter 66,261
3334. of the Revised Code: 66,262
(a) Deduct the following: 66,264
(i) For credits that as of the end of the taxable year 66,267
have not been refunded pursuant to the termination of a tuition
payment contract under section 3334.10 of the Revised Code, the 66,269
amount of income related to the credits, to the extent included 66,270
in federal adjusted gross income;
(ii) For credits that during the taxable year have been 66,273
refunded pursuant to the termination of a tuition payment
contract under section 3334.10 of the Revised Code, the excess of 66,274
the total purchase price of the tuition credits refunded over the 66,275
amount of refund, to the extent the amount of the excess was not 66,276
deducted in determining federal adjusted gross income. 66,277
(b) Add the following: 66,279
(i) For credits that as of the end of the taxable year 66,282
have not been refunded pursuant to the termination of a tuition
payment contract under section 3334.10 of the Revised Code, the 66,283
amount of loss related to the credits, to the extent the amount 66,284
of the loss was deducted in determining federal adjusted gross 66,285
income;
(ii) For credits that during the taxable year have been 66,288
refunded pursuant to the termination of a tuition payment
contract under section 3334.10 of the Revised Code, the excess of 66,290
the amount of refund over the purchase price of each tuition 66,291
credit refunded, to the extent not included in federal adjusted 66,292
gross income.
1460
(11)(a) Deduct, to the extent not otherwise allowable as a 66,294
deduction or exclusion in computing federal or Ohio adjusted 66,295
gross income for the taxable year, the amount the taxpayer paid 66,296
during the taxable year for medical care insurance and qualified 66,297
long-term care insurance for the taxpayer, the taxpayer's spouse, 66,298
and dependents. No deduction for medical care insurance under 66,299
division (A)(11) of this section shall be allowed either to any
taxpayer who is eligible to participate in any subsidized health 66,300
plan maintained by any employer of the taxpayer or of the 66,301
taxpayer's spouse, or to any taxpayer who is entitled to, or on 66,302
application would be entitled to, benefits under part A of Title 66,303
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 66,304
U.S.C. 301, as amended. For the purposes of division (A)(11)(a) 66,305
of this section, "subsidized health plan" means a health plan for 66,306
which the employer pays any portion of the plan's cost. The 66,307
deduction allowed under division (A)(11)(a) of this section shall 66,308
be the net of any related premium refunds, related premium 66,309
reimbursements, or related insurance premium dividends received 66,310
during the taxable year. 66,311
(b) Deduct, to the extent not otherwise deducted or 66,313
excluded in computing federal or Ohio adjusted gross income 66,314
during the taxable year, the amount the taxpayer paid during the 66,315
taxable year, not compensated for by any insurance or otherwise, 66,316
for medical care of the taxpayer, the taxpayer's spouse, and 66,317
dependents, to the extent the expenses exceed seven and one-half 66,318
per cent of the taxpayer's federal adjusted gross income. 66,319
(c) For purposes of division (A)(11) of this section, 66,321
"medical care" has the meaning given in section 213 of the 66,322
Internal Revenue Code, subject to the special rules, limitations, 66,323
and exclusions set forth therein, and "qualified long-term care" 66,324
has the same meaning given in section 7702(B)(b) of the Internal 66,325
Revenue Code.
(12)(a) Deduct any amount included in federal adjusted 66,327
gross income solely because the amount represents a reimbursement 66,328
1461
or refund of expenses that in any year the taxpayer had deducted 66,330
as an itemized deduction pursuant to section 63 of the Internal 66,331
Revenue Code and applicable United States department of the 66,332
treasury regulations. The deduction otherwise allowed under 66,333
division (A)(12)(a) of this section shall be reduced to the 66,334
extent the reimbursement is attributable to an amount the 66,335
taxpayer deducted under this section in any taxable year. 66,336
(b) Add any amount not otherwise included in Ohio adjusted 66,338
gross income for any taxable year to the extent that the amount 66,339
is attributable to the recovery during the taxable year of any 66,340
amount deducted or excluded in computing federal or Ohio adjusted 66,341
gross income in any taxable year. 66,342
(13) Deduct any portion of the deduction described in 66,344
section 1341(a)(2) of the Internal Revenue Code, for repaying 66,345
previously reported income received under a claim of right, that 66,346
meets both of the following requirements: 66,347
(a) It is allowable for repayment of an item that was 66,349
included in the taxpayer's adjusted gross income for a prior 66,350
taxable year and did not qualify for a credit under division (A) 66,351
or (B) of section 5747.05 of the Revised Code for that year; 66,352
(b) It does not otherwise reduce the taxpayer's adjusted 66,354
gross income for the current or any other taxable year. 66,355
(14) Deduct an amount equal to the deposits made to, and 66,357
net investment earnings of, a medical savings account during the 66,358
taxable year, in accordance with section 3924.66 of the Revised 66,359
Code. The deduction allowed by division (A)(14) of this section 66,360
does not apply to medical savings account deposits and earnings 66,361
otherwise deducted or excluded for the current or any other 66,362
taxable year from the taxpayer's federal adjusted gross income. 66,363
(15)(a) Add an amount equal to the funds withdrawn from a 66,365
medical savings account during the taxable year, and the net 66,366
investment earnings on those funds, when the funds withdrawn were 66,367
used for any purpose other than to reimburse an account holder 66,368
for, or to pay, eligible medical expenses, in accordance with 66,369
1462
section 3924.66 of the Revised Code;
(b) Add the amounts distributed from a medical savings 66,371
account under division (A)(2) of section 3924.68 of the Revised 66,372
Code during the taxable year. 66,373
(16) Add any amount claimed as a credit under section 66,375
5747.059 of the Revised Code to the extent that such amount 66,376
satisfies either of the following:
(a) The amount was deducted or excluded from the 66,378
computation of the taxpayer's federal adjusted gross income as 66,379
required to be reported for the taxpayer's taxable year under the 66,380
Internal Revenue Code;
(b) The amount resulted in a reduction of the taxpayer's 66,382
federal adjusted gross income as required to be reported for any 66,383
of the taxpayer's taxable years under the Internal Revenue Code. 66,384
(17) Deduct the amount contributed by the taxpayer to an 66,386
individual development account program established by a county 66,387
department of human JOB AND FAMILY services pursuant to sections 66,388
329.11 to 329.14 of the Revised Code for the purpose of matching 66,390
funds deposited by program participants. On request of the tax 66,392
commissioner, the taxpayer shall provide any information that, in
the tax commissioner's opinion, is necessary to establish the 66,393
amount deducted under division (A)(17) of this section. 66,395
(18) Beginning in taxable year 2001, if the taxpayer is 66,397
married and files a joint return and the combined federal 66,399
adjusted gross income of the taxpayer and the taxpayer's spouse 66,400
for the taxable year does not exceed one hundred thousand
dollars, or if the taxpayer is single and has a federal adjusted 66,401
gross income for the taxable year not exceeding fifty thousand 66,403
dollars, deduct amounts paid during the taxable year for 66,404
qualified tuition and fees paid to an eligible institution for 66,405
the taxpayer, the taxpayer's spouse, or any dependent of the
taxpayer, who is a resident of this state and is enrolled in or 66,406
attending a program that culminates in a degree or diploma at an 66,407
eligible institution. The deduction may be claimed only to the 66,408
1463
extent that qualified tuition and fees are not otherwise deducted 66,409
or excluded for any taxable year from federal or Ohio adjusted 66,410
gross income. The deduction may not be claimed for educational 66,411
expenses for which the taxpayer claims a credit under section 66,412
5747.27 of the Revised Code.
(19) Add any reimbursement received during the taxable 66,414
year of any amount the taxpayer deducted under division (A)(18) 66,415
of this section in any previous taxable year to the extent the 66,416
amount is not otherwise included in Ohio adjusted gross income. 66,417
(B) "Business income" means income arising from 66,419
transactions, activities, and sources in the regular course of a 66,420
trade or business and includes income from tangible and 66,421
intangible property if the acquisition, rental, management, and 66,422
disposition of the property constitute integral parts of the 66,423
regular course of a trade or business operation. 66,424
(C) "Nonbusiness income" means all income other than 66,426
business income and may include, but is not limited to, 66,427
compensation, rents and royalties from real or tangible personal 66,428
property, capital gains, interest, dividends and distributions, 66,429
patent or copyright royalties, or lottery winnings, prizes, and 66,430
awards. 66,431
(D) "Compensation" means any form of remuneration paid to 66,433
an employee for personal services. 66,434
(E) "Fiduciary" means a guardian, trustee, executor, 66,436
administrator, receiver, conservator, or any other person acting 66,437
in any fiduciary capacity for any individual, trust, or estate. 66,438
(F) "Fiscal year" means an accounting period of twelve 66,440
months ending on the last day of any month other than December. 66,441
(G) "Individual" means any natural person. 66,443
(H) "Internal Revenue Code" means the "Internal Revenue 66,445
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended. 66,446
(I) "Resident" means: 66,448
(1) An individual who is domiciled in this state, subject 66,450
to section 5747.24 of the Revised Code; 66,451
1464
(2) The estate of a decedent who at the time of death was 66,454
domiciled in this state. The domicile tests of section 5747.24 66,455
of the Revised Code and any election under section 5747.25 of the 66,456
Revised Code are not controlling for purposes of division (I)(2) 66,457
of this section.
(J) "Nonresident" means an individual or estate that is 66,459
not a resident. An individual who is a resident for only part of 66,460
a taxable year is a nonresident for the remainder of that taxable 66,461
year. 66,462
(K) "Pass-through entity" has the same meaning as in 66,464
section 5733.04 of the Revised Code. 66,465
(L) "Return" means the notifications and reports required 66,467
to be filed pursuant to this chapter for the purpose of reporting 66,468
the tax due and includes declarations of estimated tax when so 66,469
required. 66,470
(M) "Taxable year" means the calendar year or the 66,472
taxpayer's fiscal year ending during the calendar year, or 66,473
fractional part thereof, upon which the adjusted gross income is 66,474
calculated pursuant to this chapter. 66,475
(N) "Taxpayer" means any person subject to the tax imposed 66,477
by section 5747.02 of the Revised Code or any pass-through entity 66,478
that makes the election under division (D) of section 5747.08 of 66,479
the Revised Code.
(O) "Dependents" means dependents as defined in the 66,481
Internal Revenue Code and as claimed in the taxpayer's federal 66,482
income tax return for the taxable year or which the taxpayer 66,483
would have been permitted to claim had the taxpayer filed a 66,484
federal income tax return. 66,486
(P) "Principal county of employment" means, in the case of 66,488
a nonresident, the county within the state in which a taxpayer 66,489
performs services for an employer or, if those services are 66,490
performed in more than one county, the county in which the major 66,491
portion of the services are performed. 66,492
(Q) As used in sections 5747.50 to 5747.55 of the Revised 66,494
1465
Code:
(1) "Subdivision" means any county, municipal corporation, 66,496
park district, or township. 66,497
(2) "Essential local government purposes" includes all 66,499
functions that any subdivision is required by general law to 66,500
exercise, including like functions that are exercised under a 66,501
charter adopted pursuant to the Ohio Constitution. 66,502
(R) "Overpayment" means any amount already paid that 66,504
exceeds the figure determined to be the correct amount of the 66,505
tax. 66,506
(S) "Taxable income" applies to estates only and means 66,508
taxable income as defined and used in the Internal Revenue Code 66,509
adjusted as follows: 66,510
(1) Add interest or dividends on obligations or securities 66,512
of any state or of any political subdivision or authority of any 66,513
state, other than this state and its subdivisions and 66,514
authorities; 66,515
(2) Add interest or dividends on obligations of any 66,517
authority, commission, instrumentality, territory, or possession 66,518
of the United States that are exempt from federal income taxes 66,519
but not from state income taxes; 66,520
(3) Add the amount of personal exemption allowed to the 66,522
estate pursuant to section 642(b) of the Internal Revenue Code; 66,523
(4) Deduct interest or dividends on obligations of the 66,525
United States and its territories and possessions or of any 66,526
authority, commission, or instrumentality of the United States 66,527
that are exempt from state taxes under the laws of the United 66,528
States; 66,529
(5) Deduct the amount of wages and salaries, if any, not 66,531
otherwise allowable as a deduction but that would have been 66,532
allowable as a deduction in computing federal taxable income for 66,533
the taxable year, had the targeted jobs credit allowed under 66,534
sections 38, 51, and 52 of the Internal Revenue Code not been in 66,535
effect; 66,536
1466
(6) Deduct any interest or interest equivalent on public 66,538
obligations and purchase obligations to the extent included in 66,539
federal taxable income; 66,540
(7) Add any loss or deduct any gain resulting from sale, 66,542
exchange, or other disposition of public obligations to the 66,543
extent included in federal taxable income; 66,544
(8) Except in the case of the final return of an estate, 66,546
add any amount deducted by the taxpayer on both its Ohio estate 66,547
tax return pursuant to section 5731.14 of the Revised Code, and 66,548
on its federal income tax return in determining either federal 66,549
adjusted gross income or federal taxable income; 66,550
(9)(a) Deduct any amount included in federal taxable 66,552
income solely because the amount represents a reimbursement or 66,553
refund of expenses that in a previous year the decedent had 66,554
deducted as an itemized deduction pursuant to section 63 of the 66,555
Internal Revenue Code and applicable treasury regulations. The 66,557
deduction otherwise allowed under division (S)(9)(a) of this 66,558
section shall be reduced to the extent the reimbursement is 66,559
attributable to an amount the taxpayer or decedent deducted under 66,560
this section in any taxable year. 66,561
(b) Add any amount not otherwise included in Ohio taxable 66,563
income for any taxable year to the extent that the amount is 66,564
attributable to the recovery during the taxable year of any 66,565
amount deducted or excluded in computing federal or Ohio taxable 66,566
income in any taxable year. 66,567
(10) Deduct any portion of the deduction described in 66,569
section 1341(a)(2) of the Internal Revenue Code, for repaying 66,570
previously reported income received under a claim of right, that 66,571
meets both of the following requirements: 66,572
(a) It is allowable for repayment of an item that was 66,574
included in the taxpayer's taxable income or the decedent's 66,575
adjusted gross income for a prior taxable year and did not 66,576
qualify for a credit under division (A) or (B) of section 5747.05 66,577
of the Revised Code for that year. 66,578
1467
(b) It does not otherwise reduce the taxpayer's taxable 66,580
income or the decedent's adjusted gross income for the current or 66,581
any other taxable year. 66,582
(11) Add any amount claimed as a credit under section 66,584
5747.059 of the Revised Code to the extent that the amount 66,585
satisfies either of the following: 66,586
(a) The amount was deducted or excluded from the 66,588
computation of the taxpayer's federal taxable income as required 66,589
to be reported for the taxpayer's taxable year under the Internal 66,590
Revenue Code;
(b) The amount resulted in a reduction in the taxpayer's 66,592
federal taxable income as required to be reported for any of the 66,593
taxpayer's taxable years under the Internal Revenue Code. 66,594
(T) "School district income" and "school district income 66,596
tax" have the same meanings as in section 5748.01 of the Revised 66,597
Code. 66,598
(U) As used in divisions (A)(8), (A)(9), (S)(6), and 66,600
(S)(7) of this section, "public obligations," "purchase 66,601
obligations," and "interest or interest equivalent" have the same 66,602
meanings as in section 5709.76 of the Revised Code. 66,603
(V) "Limited liability company" means any limited 66,605
liability company formed under Chapter 1705. of the Revised Code 66,606
or under the laws of any other state. 66,607
(W) "Pass-through entity investor" means any person who, 66,609
during any portion of a taxable year of a pass-through entity, is 66,610
a partner, member, shareholder, or investor in that pass-through 66,611
entity.
(X) "Banking day" has the same meaning as in section 66,613
1304.01 of the Revised Code. 66,614
(Y) "Month" means a calendar month. 66,616
(Z) "Quarter" means the first three months, the second 66,618
three months, the third three months, or the last three months of 66,619
the taxpayer's taxable year.
(AA)(1) "Eligible institution" means a state university or 66,621
1468
state institution of higher education as defined in section 66,622
3345.011 of the Revised Code, or a private, nonprofit college, 66,623
university, or other post-secondary institution located in this 66,624
state that possesses a certificate of authorization issued by the 66,625
Ohio board of regents pursuant to Chapter 1713. of the Revised
Code or a certificate of registration issued by the state board 66,626
of proprietary school registration under Chapter 3332. of the 66,627
Revised Code.
(2) "Qualified tuition and fees" means tuition and fees 66,629
imposed by an eligible institution as a condition of enrollment 66,630
or attendance, not exceeding two thousand five hundred dollars in 66,631
each of the individual's first two years of post-secondary 66,632
education. If the individual is a part-time student, "qualified 66,633
tuition and fees" includes tuition and fees paid for the academic
equivalent of the first two years of post-secondary education 66,634
during a maximum of five taxable years, not exceeding a total of 66,635
five thousand dollars. "Qualified tuition and fees" does not 66,636
include:
(a) Expenses for any course or activity involving sports, 66,638
games, or hobbies unless the course or activity is part of the 66,639
individual's degree or diploma program; 66,640
(b) The cost of books, room and board, student activity 66,642
fees, athletic fees, insurance expenses, or other expenses 66,643
unrelated to the individual's academic course of instruction; 66,644
(c) Tuition, fees, or other expenses paid or reimbursed 66,646
through an employer, scholarship, grant in aid, or other 66,647
educational benefit program.
(BB) Any term used in this chapter that is not otherwise 66,649
defined in this section and that is not used in a comparable 66,650
context in the Internal Revenue Code and other statutes of the 66,651
United States relating to federal income taxes has the same 66,652
meaning as in section 5733.40 of the Revised Code. 66,653
Sec. 5747.121. (A) In accordance with section 5101.321 of 66,662
the Revised Code, the tax commissioner shall cooperate with the 66,663
1469
department of human JOB AND FAMILY services in establishing and 66,664
then implementing procedures for the collection of overdue child 66,665
support from refunds of paid state income taxes under this 66,666
chapter that are payable to obligors. The tax commissioner shall 66,667
deposit money collected from such refunds into the child support 66,668
intercept fund. 66,669
(B) At the request of the department of human JOB AND 66,671
FAMILY services in connection with the collection of overdue 66,672
child support from a refund of paid state income taxes pursuant 66,673
to section 5101.321 of the Revised Code and division (A) of this 66,674
section, the tax commissioner shall release to the department the 66,675
home address and social security number of any obligor whose 66,676
overdue child support may be collected from a refund of paid 66,677
state income taxes pursuant to section 5101.321 of the Revised 66,678
Code and division (A) of this section. 66,679
(C) In the case of persons filing a joint income tax 66,681
return, the amount of the refund available for the collection of 66,682
overdue child support shall be based on the proportion of the 66,683
refund due to the obligor only. Any obligor's spouse who objects 66,684
to the amount of the refund to be used for the collection of 66,685
overdue child support may file a complaint with the tax 66,686
commissioner within twenty-one days after receiving notice of the 66,687
collection. The commissioner shall afford a complainant an 66,688
opportunity to be heard. The burden of proving an error by the 66,689
commissioner in determining the amount of a refund to be used for 66,690
the collection of overdue child support shall be on the 66,691
complainant. 66,692
(D) There is hereby created in the state treasury the 66,694
child support intercept fund, which shall consist of moneys paid 66,695
into it by the tax commissioner under division (A) of this 66,696
section. Moneys in the fund shall be disbursed pursuant to 66,697
vouchers approved by the director of human JOB AND FAMILY 66,698
services for use by the bureau DIVISION of child support to meet 66,700
the requirements of section 666 of Title IV-D of the "Social 66,702
1470
Security Act," 98 Stat. 1306 (1975), 42 U.S.C. 666, as amended, 66,703
and any rules promulgated under Title IV-D. Moneys appropriated 66,704
from the fund are not intended to replace other moneys 66,705
appropriated for this purpose.
(E) As used in this section, "obligor" has the same 66,707
meaning as in division (D) of section 5101.321 of the Revised 66,708
Code. 66,709
Sec. 5747.122. (A) The tax commissioner, in accordance 66,718
with section 5101.184 of the Revised Code, shall cooperate with 66,719
the director of human JOB AND FAMILY services to collect 66,720
overpayments of assistance under Chapter 5107., 5111., or 5115., 66,721
former Chapter 5113., or sections 5101.54 to 5101.543 of the 66,722
Revised Code from refunds of state income taxes for taxable year 66,723
1992 and thereafter that are payable to the recipients of such 66,724
overpayments.
(B) At the request of the department of human JOB AND 66,726
FAMILY services in connection with the collection of an 66,727
overpayment of assistance from a refund of state income taxes 66,728
pursuant to this section and section 5101.184 of the Revised 66,729
Code, the tax commissioner shall release to the department the 66,730
home address and social security number of any recipient of 66,731
assistance whose overpayment may be collected from a refund of 66,732
state income taxes under those sections. 66,733
(C) In the case of a joint income tax return for two 66,735
people who were not married to each other at the time one of them 66,736
received an overpayment of assistance, only the portion of a 66,737
refund that is due to the recipient of the overpayment shall be 66,738
available for collection of the overpayment under this section 66,739
and section 5101.184 of the Revised Code. The tax commissioner 66,740
shall determine such portion. A recipient's spouse who objects 66,741
to the portion as determined by the commissioner may file a 66,742
complaint with the commissioner within twenty-one days after 66,743
receiving notice of the collection, and the commissioner shall 66,744
afford the spouse an opportunity to be heard on the complaint. 66,745
1471
The commissioner shall waive or extend the twenty-one-day period 66,746
if the recipient's spouse establishes that such action is 66,747
necessary to avoid unjust, unfair, or unreasonable results. After 66,749
the hearing, the commissioner shall make a final determination of 66,750
the portion of the refund available for collection of the 66,751
overpayment.
(D) The welfare overpayment intercept fund is hereby 66,753
created in the state treasury. The tax commissioner shall 66,754
deposit amounts collected from income tax refunds under this 66,755
section to the credit of the welfare overpayment intercept fund. 66,756
The director of human JOB AND FAMILY services shall distribute 66,757
money in the fund in accordance with appropriate federal or state 66,758
laws and procedures regarding collection of welfare overpayments. 66,759
Sec. 5902.02. The duties of the director of the governor's 66,768
office of veterans affairs shall include the following: 66,769
(A) Furnishing the veterans service commissions of all 66,771
counties of the state copies of the state laws, rules, and 66,772
legislation relating to the operation of the commissions and 66,773
their offices; 66,774
(B) Upon application, assisting the general public in 66,776
obtaining records of vital statistics pertaining to veterans or 66,777
their dependents; 66,778
(C) Promulgating rules pursuant to Chapter 119. of the 66,780
Revised Code pertaining to minimum qualifications for hiring, 66,781
certifying, and accrediting county veterans service officers and 66,782
pertaining to their required duties; 66,783
(D) Promulgating rules pursuant to Chapter 119. of the 66,785
Revised Code for the education, training, certification, and 66,786
duties of veterans service commissioners; 66,787
(E) Developing and monitoring programs and agreements 66,789
enhancing employment and training for veterans in single or 66,790
multiple county areas; 66,791
(F) Developing and monitoring programs and agreements to 66,793
enable county veterans service commissions to address 66,794
1472
homelessness, indigency, and other veteran-related issues 66,795
individually or jointly; 66,796
(G) Developing and monitoring programs and agreements to 66,798
enable state agencies, individually or jointly, that provide 66,799
services to veterans, including the Ohio veterans' home and the 66,800
Ohio bureau DIRECTOR of employment JOB AND FAMILY services, to 66,802
address homelessness, indigency, employment, and other 66,803
veteran-related issues;
(H) Establishing and providing statistical reporting 66,805
formats and procedures for county veterans service commissions; 66,806
(I) Publishing annually, promulgating change notices for, 66,808
and distributing a listing of county veterans service officers, 66,809
county veterans service commissioners, state directors of 66,810
veterans affairs, and national and state service officers of 66,811
accredited veterans organizations and their state headquarters. 66,812
The listing shall include the expiration dates of commission 66,813
members' terms of office and the organizations they represent; 66,814
the names, addresses, and telephone numbers of county veterans 66,815
service officers and state directors of veterans affairs; and the 66,816
addresses and telephone numbers of the Ohio offices and 66,817
headquarters of state and national veterans service 66,818
organizations. 66,819
(J) Publishing, by the first day of April of each 66,821
odd-numbered year, a directory of Ohio laws dealing with 66,822
veterans, as enacted through the conclusion of the previous 66,823
session of the general assembly, and distributing the publication 66,824
to each county veterans service office and the state headquarters 66,825
of each congressionally chartered veterans organization in the 66,826
state; 66,827
(K) Establishing a veterans advisory committee to advise 66,829
and assist the governor's office of veterans affairs in its 66,830
duties. Members shall include a state representative of 66,831
congressionally chartered veterans organizations referred to in 66,832
section 5901.02 of the Revised Code, a representative of any 66,833
1473
other congressionally chartered state veterans organization that 66,834
has at least one veterans service commissioner in the state, 66,835
three representatives of the Ohio state association of county 66,836
veterans service commissioners, who shall have a combined vote of 66,837
one, three representatives of the state association of county 66,838
veterans service officers, who shall have a combined vote of one, 66,839
one representative of the county commissioners association of 66,840
Ohio, who shall be a county commissioner not from the same county 66,841
as any of the other county representatives, and a representative 66,842
of the office of the attorney general. The governor's office of 66,843
veterans affairs shall submit to the advisory committee proposed 66,845
rules for the committee's operation. The committee may review 66,846
and revise these proposed rules prior to submitting them to the 66,847
joint committee on agency rule review.
(L) Promulgating, with the advice and assistance of the 66,849
veterans advisory committee, policy and procedural guidelines, 66,851
which the veterans service commissions shall adhere to in the
development and implementation of rules, policies, procedures, 66,852
and guidelines for the administration of Chapter 5901. of the 66,853
Revised Code. The governor's office of veterans affairs shall 66,854
promulgate no guidelines or rules regulating the purposes, scope, 66,855
duration, or amounts of financial assistance provided to 66,856
applicants pursuant to sections 5901.01 to 5901.15 of the Revised 66,857
Code. The director of the governor's office of veterans affairs 66,858
may obtain opinions from the office of the attorney general 66,859
regarding rules, policies, procedures, and guidelines of the 66,860
veterans service commissions and may enforce compliance with 66,861
Chapter 5901. of the Revised Code. 66,862
(M) Taking any other actions required by this chapter. 66,864
Section 2. That existing sections 9.55, 101.39, 109.65, 66,867
109.85, 109.86, 117.10, 117.45, 121.37, 121.40, 122.16, 122.19, 66,869
122.23, 123.01, 124.11, 124.14, 124.324, 125.30, 126.07, 131.11, 66,871
131.41, 135.81, 135.96, 145.27, 149.43, 153.39, 169.02, 169.03, 66,872
169.08, 173.03, 173.17, 173.35, 173.40, 176.05, 307.01, 307.441, 66,874
1474
307.98, 329.01, 329.02, 329.021, 329.022, 329.023, 329.03, 66,875
329.041, 329.042, 329.051, 329.07, 329.10, 329.12, 329.14, 66,876
331.02, 331.06, 742.41, 1347.08, 1553.10, 1701.86, 1702.47, 66,878
1703.17, 1729.55, 1743.05, 1751.01, 1751.11, 1751.12, 1751.13, 66,879
1751.20, 1751.31, 1925.04, 1925.13, 1925.18, 2101.11, 2101.16, 66,880
2113.06, 2151.152, 2151.232, 2151.281, 2151.353, 2151.36, 66,881
2151.39, 2151.412, 2151.413, 2151.416, 2151.421, 2151.43, 66,882
2151.49, 2151.86, 2301.35, 2301.356, 2301.358, 2301.36, 2301.37, 66,883
2301.371, 2301.372, 2301.373, 2301.374, 2301.375, 2301.43, 66,884
2305.26, 2317.56, 2705.031, 2715.041, 2715.045, 2716.13, 2744.05, 66,885
2913.40, 2949.26, 2950.11, 2950.13, 2951.02, 2953.51, 3101.01, 66,886
3107.013, 3107.031, 3107.032, 3107.051, 3107.062, 3107.063, 66,887
3107.064, 3107.065, 3107.071, 3107.081, 3107.082, 3107.083, 66,888
3107.09, 3107.091, 3107.10, 3107.12, 3107.13, 3107.141, 3107.17, 66,890
3107.39, 3109.05, 3109.15, 3109.16, 3109.18, 3109.401, 3111.03, 66,891
3111.06, 3111.07, 3111.09, 3111.20, 3111.21, 3111.211, 3111.22, 66,892
3111.23, 3111.231, 3111.24, 3111.25, 3111.27, 3111.99, 3113.04, 66,893
3113.07, 3113.09, 3113.16, 3113.21, 3113.211, 3113.212, 3113.213, 66,894
3113.214, 3113.215, 3113.216, 3113.99, 3115.21, 3115.31, 3301.15, 66,895
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, 66,897
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, 66,899
3702.55, 3702.74, 3705.07, 3705.09, 3705.091, 3705.10, 3721.011, 66,900
3721.022, 3721.071, 3721.08, 3721.12, 3721.14, 3721.15, 3721.19, 66,901
3721.51, 3721.511, 3721.52, 3721.53, 3721.54, 3721.55, 3721.56, 66,902
3721.57, 3721.58, 3722.04, 3722.15, 3722.16, 3724.12, 3727.13, 66,903
3727.17, 3729.02, 3729.11, 3729.14, 3729.18, 3729.21, 3729.24, 66,905
3729.26, 3729.61, 3733.49, 3737.22, 3737.65, 3750.02, 3770.071, 66,906
3781.06, 3781.10, 3793.051, 3793.07, 3793.15, 3923.50, 3924.42, 66,908
3924.47, 3929.721, 4109.01, 4109.05, 4109.08, 4109.11, 4109.12, 66,909
4109.13, 4109.21, 4111.01, 4111.03, 4111.04, 4111.05, 4111.06, 66,910
4111.07, 4111.08, 4111.09, 4111.10, 4111.13, 4111.17, 4111.25, 66,911
4111.26, 4111.27, 4111.28, 4111.29, 4111.30, 4112.02, 4115.03, 66,912
1475
4115.031, 4115.032, 4115.034, 4115.04, 4115.05, 4115.07, 66,913
4115.071, 4115.08, 4115.09, 4115.10, 4115.101, 4115.12, 4115.13, 66,915
4115.131, 4115.132, 4115.133, 4115.14, 4115.15, 4115.16, 4115.32, 66,916
4121.69, 4123.038, 4123.27, 4123.56, 4123.62, 4141.01, 4141.031, 66,917
4141.044, 4141.07, 4141.09, 4141.11, 4141.131, 4141.14, 4141.17, 66,920
4141.18, 4141.20, 4141.23, 4141.231, 4141.24, 4141.241, 4141.242, 66,921
4141.25, 4141.26, 4141.27, 4141.29, 4141.30, 4141.301, 4141.31, 66,924
4141.321, 4141.33, 4141.35, 4141.38, 4141.39, 4141.40, 4141.41, 66,925
4141.42, 4141.43, 4141.431, 4141.47, 4167.02, 4167.06, 4167.08, 66,927
4167.09, 4167.10, 4167.11, 4167.12, 4167.14, 4167.15, 4167.16, 66,928
4167.17, 4167.19, 4303.292, 4582.37, 4731.71, 5101.03, 5101.071, 66,930
5101.072, 5101.11, 5101.111, 5101.14, 5101.141, 5101.142, 66,931
5101.143, 5101.15, 5101.16, 5101.161, 5101.162, 5101.18, 66,932
5101.181, 5101.182, 5101.183, 5101.184, 5101.19, 5101.212, 66,933
5101.26, 5101.27, 5101.28, 5101.29, 5101.30, 5101.31, 5101.312, 66,935
5101.313, 5101.314, 5101.315, 5101.316, 5101.317, 5101.319, 66,936
5101.32, 5101.321, 5101.322, 5101.323, 5101.324, 5101.325, 66,937
5101.326, 5101.327, 5101.33, 5101.34, 5101.341, 5101.36, 5101.44, 66,938
5101.45, 5101.46, 5101.48, 5101.49, 5101.50, 5101.502, 5101.51, 66,939
5101.512, 5101.513, 5101.515, 5101.516, 5101.517, 5101.518, 66,940
5101.52, 5101.53, 5101.54, 5101.541, 5101.542, 5101.543, 66,941
5101.544, 5101.572, 5101.58, 5101.59, 5101.60, 5101.61, 5101.611, 66,942
5101.62, 5101.63, 5101.65, 5101.67, 5101.70, 5101.71, 5101.72, 66,943
5101.75, 5101.751, 5101.752, 5101.754, 5101.80, 5101.81, 5101.83, 66,944
5101.851, 5101.852, 5101.853, 5101.854, 5101.93, 5103.03, 66,945
5103.031, 5103.032, 5103.04, 5103.07, 5103.08, 5103.12, 5103.14, 66,946
5103.151, 5103.152, 5103.154, 5103.16, 5103.17, 5103.22, 5103.23, 66,948
5104.01, 5104.011, 5104.012, 5104.013, 5104.014, 5104.015, 66,949
5104.02, 5104.021, 5104.03, 5104.04, 5104.05, 5104.052, 5104.06, 66,950
5104.07, 5104.08, 5104.081, 5104.09, 5104.10, 5104.11, 5104.12, 66,951
5104.13, 5104.21, 5104.22, 5104.30, 5104.301, 5104.31, 5104.32, 66,952
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, 66,953
5107.05, 5107.10, 5107.12, 5107.14, 5107.16, 5107.161, 5107.162, 66,955
1476
5107.18, 5107.20, 5107.22, 5107.24, 5107.26, 5107.28, 5107.282, 66,956
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, 66,958
5107.541, 5107.58, 5107.60, 5107.62, 5107.64, 5107.65, 5107.66, 66,959
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, 66,961
5111.013, 5111.014, 5111.015, 5111.016, 5111.017, 5111.018, 66,963
5111.019, 5111.02, 5111.021, 5111.022, 5111.023, 5111.03, 66,964
5111.04, 5111.05, 5111.06, 5111.07, 5111.08, 5111.09, 5111.10, 66,965
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, 66,966
5111.19, 5111.20, 5111.202, 5111.203, 5111.204, 5111.205, 66,967
5111.21, 5111.22, 5111.221, 5111.23, 5111.231, 5111.235, 5111.24, 66,968
5111.241, 5111.25, 5111.251, 5111.252, 5111.255, 5111.257, 66,969
5111.26, 5111.261, 5111.263, 5111.27, 5111.29, 5111.291, 5111.30, 66,970
5111.31, 5111.33, 5111.34, 5111.341, 5111.35, 5111.36, 5111.37, 66,971
5111.38, 5111.41, 5111.42, 5111.45, 5111.46, 5111.47, 5111.48, 66,972
5111.49, 5111.50, 5111.51, 5111.52, 5111.53, 5111.54, 5111.55, 66,973
5111.56, 5111.57, 5111.58, 5111.59, 5111.60, 5111.61, 5111.62, 66,974
5111.74, 5111.81, 5111.87, 5111.88, 5112.01, 5112.03, 5112.04, 66,975
5112.05, 5112.06, 5112.07, 5112.08, 5112.09, 5112.10, 5112.11, 66,976
5112.17, 5112.18, 5112.19, 5112.21, 5112.31, 5112.32, 5112.33, 66,977
5112.34, 5112.35, 5112.37, 5112.38, 5112.39, 5112.99, 5115.01, 66,978
5115.011, 5115.012, 5115.02, 5115.03, 5115.05, 5115.061, 5115.07, 66,979
5115.10, 5115.13, 5115.15, 5115.20, 5119.221, 5120.37, 5123.01, 66,980
5123.181, 5123.191, 5123.604, 5126.31, 5139.08, 5139.34, 5139.39, 66,981
5153.01, 5153.02, 5153.10, 5153.111, 5153.121, 5153.14, 5153.15, 66,982
5153.16, 5153.163, 5153.17, 5153.20, 5153.21, 5153.22, 5153.27, 66,984
5153.29, 5153.30, 5153.32, 5153.35, 5153.36, 5153.38, 5153.49, 66,985
5153.52, 5502.01, 5505.04, 5703.21, 5709.65, 5709.67, 5733.04, 66,986
5733.33, 5747.01, 5747.121, 5747.122, and 5902.02 of the Revised 66,988
Code are hereby repealed.
Section 3. That the versions of sections 3109.15, 3109.16, 66,990
and 3109.18 of the Revised Code, as scheduled to take effect on 66,991
1477
January 1, 2001, be amended to read as follows: 66,993
Sec. 3109.15. There is hereby created within the 67,002
department of human JOB AND FAMILY services the children's trust 67,003
fund board consisting of fifteen members. The directors of 67,006
alcohol and drug addiction services, health, and human JOB AND 67,007
FAMILY services shall be members of the board. Eight public 67,010
members shall be appointed by the governor. These members shall 67,011
be persons with demonstrated knowledge in programs for children, 67,012
shall be representative of the demographic composition of this 67,013
state, and, to the extent practicable, shall be representative of 67,014
the following categories: the educational community; the legal 67,015
community; the social work community; the medical community; the 67,016
voluntary sector; and professional providers of child abuse and 67,017
child neglect services. Five of these members shall be residents 67,018
of counties where the population exceeds four hundred thousand; 67,019
no more than one such member shall be a resident of the same 67,020
county. Two members of the board shall be members of the house 67,021
of representatives appointed by the speaker of the house of 67,022
representatives and shall be members of two different political 67,023
parties. Two members of the board shall be members of the senate 67,024
appointed by the president of the senate and shall be members of 67,025
two different political parties. All members of the board 67,026
appointed by the speaker of the house of representatives or the 67,027
president of the senate shall serve until the expiration of the 67,028
sessions of the general assembly during which they were 67,029
appointed. They may be reappointed to an unlimited number of 67,030
successive terms of two years at the pleasure of the speaker of 67,031
the house of representatives or president of the senate. Public 67,032
members shall serve terms of three years. Each member shall 67,034
serve until the member's successor is appointed. No public 67,035
member may serve more than two consecutive terms, regardless of 67,036
whether such terms were full or partial terms. All vacancies on 67,037
the board shall be filled for the balance of the unexpired term 67,038
in the same manner as the original appointment. 67,039
1478
Any member of the board may be removed by the member's 67,042
appointing authority for misconduct, incompetency, or neglect of 67,043
duty after first being given the opportunity to be heard in the 67,044
member's own behalf. Pursuant to section 3.17 of the Revised 67,046
Code, a member, except a member of the general assembly or a 67,047
judge of any court in the state, who fails to attend at least 67,049
three-fifths of the regular and special meetings held by the 67,050
board during any two-year period forfeits the member's position 67,051
on the board.
Each member of the board shall serve without compensation 67,053
but shall be reimbursed for all actual and necessary expenses 67,054
incurred in the performance of official duties. 67,057
The speaker of the house of representatives and the 67,059
president of the senate shall jointly appoint the board 67,060
chairperson from among the legislative members of the board. 67,062
Sec. 3109.16. The children's trust fund board, upon the 67,071
recommendation of the director of human JOB AND FAMILY services, 67,072
shall approve the employment of the staff that will administer 67,074
the programs of the board. The department of human JOB AND 67,075
FAMILY services shall provide budgetary, procurement, accounting, 67,077
and other related management functions for the board. An amount 67,078
not to exceed five per cent of the total amount of fees deposited 67,079
in the children's trust fund in each fiscal year may be used for 67,080
costs directly related to these administrative functions of the 67,081
department. Each fiscal year, the board shall approve a budget 67,082
for administrative expenditures for the next fiscal year. 67,083
The board shall meet at the call of the chairperson to 67,085
conduct its official business. All business transactions of the 67,087
board shall be conducted in public meetings. Eight members of 67,089
the board constitute a quorum. A majority of the quorum is
required to approve the state plan for the allocation of funds 67,091
from the children's trust fund.
The board may apply for and accept federal and other funds 67,093
for the purpose of funding child abuse and child neglect 67,094
1479
prevention programs. In addition, the board may accept gifts and 67,096
donations from any source, including individuals, philanthropic 67,098
foundations or organizations, corporations, or corporation 67,099
endowments. The acceptance and use of federal funds shall not 67,101
entail any commitment or pledge of state funds, nor obligate the 67,102
general assembly to continue the programs or activities for which 67,103
the federal funds are made available. All funds received in the 67,104
manner described in this section shall be transmitted to the 67,105
treasurer of state, who shall credit them to the children's trust 67,106
fund created in section 3109.14 of the Revised Code. 67,107
Sec. 3109.18. (A)(1) A board of county commissioners may 67,117
establish a child abuse and child neglect prevention advisory 67,118
board or may designate the county family and children first 67,120
council to serve as the child abuse and child neglect prevention 67,121
advisory board. The boards of county commissioners of two or 67,122
more contiguous counties may instead form a multicounty district
to be served by a child abuse and child neglect prevention 67,124
advisory board or may designate a regional family and children 67,125
first council to serve as the district child abuse and child 67,126
neglect prevention advisory board. Each advisory board shall 67,127
meet at least twice a year.
(2) The county auditor is hereby designated as the auditor 67,130
and fiscal officer of the advisory board. In the case of a 67,131
multicounty district, the boards of county commissioners that 67,132
formed the district shall designate the auditor of one of the 67,133
counties as the auditor and fiscal officer of the advisory board. 67,134
(B) Each county that establishes an advisory board or, in 67,136
a multicounty district, the county the auditor of which has been 67,137
designated as the auditor and fiscal agent of the advisory board, 67,139
shall establish a fund in the county treasury known as the county 67,140
or district children's trust fund. The advisory board shall 67,141
deposit all funds received from the children's trust fund board 67,142
into that fund, and the auditor shall distribute money from the 67,143
fund at the request of the advisory board. 67,144
1480
(C) Each January, the board of county commissioners of a 67,146
county that has established an advisory board or, in a 67,147
multicounty district, the board of county commissioners of the
county the auditor of which has been designated as the auditor 67,148
and fiscal agent for the advisory board, shall appropriate the 67,149
amount described in division (B)(2) of section 3109.17 of the 67,150
Revised Code for distribution by the advisory board to child 67,152
abuse and child neglect prevention programs. 67,153
(D)(1) Except in the case of a county or regional family 67,156
and children first council that is designated to serve as a child 67,158
abuse and child neglect prevention advisory board, each advisory 67,159
board shall consist of an odd number of members from both the 67,162
public and private sectors, including all of the following: 67,164
(a) A representative of an agency responsible for the 67,166
administration of children's services in the county or district; 67,167
(b) A provider of alcohol or drug addiction services or a 67,169
representative of a board of alcohol, drug addiction, and mental 67,170
health services that serves the county or district; 67,172
(c) A provider of mental health services or a 67,174
representative of a board of alcohol, drug addiction, and mental 67,175
health services that serves the county or district; 67,176
(d) A representative of a board of mental retardation and 67,178
developmental disabilities that serves the county or district; 67,179
(e) A representative of the educational community 67,181
appointed by the superintendent of the school district with 67,182
largest enrollment in the county or multicounty district. 67,183
(2) The following groups and entities may be represented 67,185
on the advisory board: 67,186
(a) Parent groups; 67,188
(b) Juvenile justice officials; 67,190
(c) Pediatricians, health department nurses, and other 67,192
representatives of the medical community; 67,193
(d) School personnel; 67,195
(e) Counselors; 67,197
1481
(f) Head start agencies; 67,199
(g) Child day-care providers; 67,201
(h) Other persons with demonstrated knowledge in programs 67,205
for children.
(3) Of the members first appointed, at least one shall 67,208
serve for a term of three years, at least one for a term of two 67,209
years, and at least one for a term of one year. Thereafter, each 67,210
member shall serve a term of three years. Each member shall
serve until the member's successor is appointed. All vacancies 67,212
on the board shall be filled for the balance of the unexpired 67,213
term in the same manner as the original appointment. 67,214
(E) Each board of county commissioners may incur 67,216
reasonable costs not to exceed three per cent of the block grant 67,217
allocated to the county or district under section 3109.17 of the 67,219
Revised Code, for the purpose of carrying out the functions of 67,220
the advisory board. 67,221
(F) Each child abuse and child neglect prevention advisory 67,224
board shall do all of the following:
(1) Develop a comprehensive allocation plan for the 67,227
purpose of preventing child abuse and child neglect and submit 67,229
the plan to the children's trust fund board;
(2) Notify potential applicants about the availability of 67,232
funds from the children's trust fund; 67,233
(3) Review all applications received using any criteria 67,235
developed by the child abuse and child neglect prevention 67,237
advisory board;
(4) Consistent with the plan developed pursuant to 67,239
division (F)(1) of this section, make grants to child abuse and 67,240
child neglect prevention programs. In making grants to child 67,242
abuse and child neglect prevention programs, the advisory board 67,243
may consider factors such as need, geographic location, 67,244
diversity, coordination with or improvement of existing services, 67,245
maintenance of local funding efforts, and extensive use of 67,246
volunteers.
1482
(5) Establish reporting requirements for grant recipients. 67,249
(G) Each advisory board shall assist the children's trust 67,252
fund board in monitoring programs that receive money from the 67,253
children's trust fund and shall perform such other duties for the 67,255
local administration of the children's trust fund as the 67,257
children's trust fund board requires.
(H) A recipient of a grant from the children's trust fund 67,259
shall use the grant funds only to fund child abuse and child 67,260
neglect prevention programs. Any grant funds that are not spent 67,262
by the recipient of the funds within the time specified by the 67,263
terms of the grant shall be returned to the county treasurer. 67,265
Any grant funds returned that are not redistributed by the 67,266
advisory board within the time specified by the terms of the 67,267
original grant shall be returned to the treasurer of state. The 67,268
treasurer of state shall deposit such unspent moneys into the 67,269
children's trust fund to be spent for purposes consistent with 67,270
the state plan adopted under section 3109.17 of the Revised Code. 67,271
(I) Applications for grants from the children's trust fund 67,273
shall be made to the advisory board on forms prescribed by the 67,274
department of human JOB AND FAMILY services. 67,275
(J)(1) Each recipient of a children's trust fund grant 67,277
from an advisory board shall file with the advisory board a copy 67,279
of an annual report that includes the information required by the 67,280
advisory board. 67,281
(2) Each advisory board shall file with the children's 67,283
trust fund board a copy of an annual report regarding the county 67,285
or district comprehensive allocation plan that contains the 67,286
information required by the children's trust fund board. 67,288
Section 4. That all existing versions of sections 3109.15, 67,290
3109.16, and 3109.18 of the Revised Code are hereby repealed. 67,291
Section 5. That the version of section 4141.14 of the 67,293
Revised Code, as scheduled to take effect on April 1, 2001, be 67,295
amended to read as follows:
Sec. 4141.14. (A) All rules of the administrator DIRECTOR 67,304
1483
of the bureau DEPARTMENT of employment JOB AND FAMILY services 67,307
adopted pursuant to this chapter shall be approved by the 67,308
unemployment compensation review commission before the rules 67,309
become effective. All such rules shall specify on their face 67,310
their effective date and the date on which they will expire, if 67,311
known. Approval by the unemployment compensation review 67,312
commission shall also be required before amendments to, or 67,313
rescission of, any rules of the administrator DIRECTOR adopted 67,314
pursuant to this chapter become effective. If the commission 67,316
disapproves a rule of the administrator DIRECTOR, it shall 67,317
determine and promulgate a rule that it considers appropriate 67,318
after affording a hearing to the administrator DIRECTOR. 67,319
(B)(1) Any rule promulgated pursuant to this section shall 67,321
be effective on the tenth day after the day on which the rule in 67,322
final form and in compliance with division (B)(2) of this section 67,323
is filed as follows: 67,324
(a) The rule shall be filed in both print and electronic 67,327
form with both the secretary of state and the director of the 67,328
legislative service commission; 67,329
(b) The rule shall be filed in both print and electronic 67,332
form with the joint committee on agency rule review. Division 67,333
(B)(1)(b) of this section does not apply to any rule to which 67,334
division (H) of section 119.03 of the Revised Code does not 67,335
apply.
If all filings are not completed on the same day, the rule 67,338
shall be effective on the tenth day after the day on which the 67,339
latest filing is completed. If the bureau DEPARTMENT of 67,340
employment JOB AND FAMILY services or the unemployment 67,343
compensation review commission in adopting a rule pursuant to 67,344
this chapter designates an effective date that is later than the 67,345
effective date provided for by this division, the rule if filed 67,346
as required by this division shall become effective on the later 67,347
date designated by the bureau DEPARTMENT or commission. 67,348
If the commission or bureau DEPARTMENT adopts or amends a 67,350
1484
rule that is subject to division (H) of section 119.03 of the 67,352
Revised Code, the commission or bureau DEPARTMENT shall assign a 67,353
review date to the rule that is not later than five years after 67,355
its effective date. If no review date is assigned to a rule, or 67,356
if a review date assigned to a rule exceeds the five-year 67,357
maximum, the review date for the rule is five years after its
effective date. A rule with a review date is subject to review 67,358
under section 119.032 of the Revised Code. 67,359
(2) The bureau DEPARTMENT and commission shall file the 67,361
rule in compliance with the following standards and procedures: 67,363
(a) The rule shall be numbered in accordance with the 67,365
numbering system devised by the director for the Ohio 67,366
administrative code. 67,367
(b) The rule shall be prepared and submitted in compliance 67,369
with the rules of the legislative service commission. 67,370
(c) The rule shall clearly state the date on which it is 67,372
to be effective and the date on which it will expire, if known. 67,373
(d) Each rule that amends or rescinds another rule shall 67,375
clearly refer to the rule that is amended or rescinded. Each 67,376
amendment shall fully restate the rule as amended. 67,377
If the director of the legislative service commission or 67,379
the director's designee gives the bureau DEPARTMENT of employment 67,381
JOB AND FAMILY services or the unemployment compensation review 67,382
commission notice pursuant to section 103.05 of the Revised Code 67,383
that a rule filed by the bureau DEPARTMENT or review commission 67,384
is not in compliance with the rules of the legislative service 67,386
commission, the bureau DEPARTMENT or review commission shall 67,388
within thirty days after receipt of the notice conform the rule 67,389
to the rules of the commission as directed in the notice.
The secretary of state and the director OF THE LEGISLATIVE 67,391
SERVICE COMMISSION shall preserve the rules filed under division 67,393
(B)(1)(a) of this section in an accessible manner. Each such 67,394
rule shall be a public record open to public inspection and may 67,395
be transmitted to any law publishing company that wishes to 67,397
1485
reproduce it.
(C) As used in this section: 67,399
(1) "Rule" includes an amendment or rescission of a rule. 67,401
(2) "Substantive revision" has the same meaning as in 67,403
division (J) of section 119.01 of the Revised Code. 67,404
THIS IS AN INTERIM SECTION EFFECTIVE APRIL 1, 2001, UNTIL 67,407
APRIL 1, 2002.
Section 6. That all existing versions of section 4141.14 67,409
of the Revised Code are hereby repealed. 67,410
Section 7. That the version of section 4141.14 of the 67,412
Revised Code, as scheduled to take effect on April 1, 2002, be 67,414
amended to read as follows:
Sec. 4141.14. (A) All rules of the administrator DIRECTOR 67,423
of the bureau DEPARTMENT of employment JOB AND FAMILY services 67,426
adopted pursuant to this chapter shall be approved by the 67,427
unemployment compensation review commission before the rules 67,428
become effective. All such rules shall specify on their face 67,429
their effective date and the date on which they will expire, if 67,430
known. Approval by the unemployment compensation review 67,431
commission shall also be required before amendments to, or 67,432
rescission of, any rules of the administrator DIRECTOR adopted 67,433
pursuant to this chapter become effective. If the commission 67,435
disapproves a rule of the administrator DIRECTOR, it shall 67,436
determine and promulgate a rule that it considers appropriate 67,437
after affording a hearing to the administrator DIRECTOR. 67,438
(B)(1) Any rule promulgated pursuant to this section shall 67,440
be effective on the tenth day after the day on which the rule in 67,441
final form and in compliance with division (B)(2) of this section 67,442
is filed as follows: 67,443
(a) The rule shall be filed in electronic form with both 67,448
the secretary of state and the director of the legislative
service commission; 67,449
(b) The rule shall be filed in electronic form with the 67,454
joint committee on agency rule review. Division (B)(1)(b) of
1486
this section does not apply to any rule to which division (H) of 67,455
section 119.03 of the Revised Code does not apply. 67,456
If all filings are not completed on the same day, the rule 67,458
shall be effective on the tenth day after the day on which the 67,459
latest filing is completed. If the bureau DEPARTMENT of 67,460
employment JOB AND FAMILY services or the unemployment 67,462
compensation review commission in adopting a rule pursuant to 67,463
this chapter designates an effective date that is later than the 67,464
effective date provided for by this division, the rule if filed 67,465
as required by this division shall become effective on the later 67,466
date designated by the bureau DEPARTMENT or commission. 67,467
If the commission or bureau DEPARTMENT adopts or amends a 67,469
rule that is subject to division (H) of section 119.03 of the 67,471
Revised Code, the commission or bureau DEPARTMENT shall assign a 67,472
review date to the rule that is not later than five years after 67,474
its effective date. If no review date is assigned to a rule, or 67,475
if a review date assigned to a rule exceeds the five-year 67,476
maximum, the review date for the rule is five years after its
effective date. A rule with a review date is subject to review 67,477
under section 119.032 of the Revised Code. 67,478
(2) The bureau DEPARTMENT and commission shall file the 67,480
rule in compliance with the following standards and procedures: 67,482
(a) The rule shall be numbered in accordance with the 67,484
numbering system devised by the director for the Ohio 67,485
administrative code. 67,486
(b) The rule shall be prepared and submitted in compliance 67,488
with the rules of the legislative service commission. 67,489
(c) The rule shall clearly state the date on which it is 67,491
to be effective and the date on which it will expire, if known. 67,492
(d) Each rule that amends or rescinds another rule shall 67,494
clearly refer to the rule that is amended or rescinded. Each 67,495
amendment shall fully restate the rule as amended. 67,496
If the director of the legislative service commission or 67,498
the director's designee gives the bureau DEPARTMENT of employment 67,500
1487
JOB AND FAMILY services or the unemployment compensation review 67,501
commission notice pursuant to section 103.05 of the Revised Code 67,502
that a rule filed by the bureau DEPARTMENT or review commission 67,503
is not in compliance with the rules of the legislative service 67,505
commission, the bureau DEPARTMENT or review commission shall 67,507
within thirty days after receipt of the notice conform the rule 67,508
to the rules of the commission as directed in the notice.
The secretary of state and the director OF THE LEGISLATIVE 67,510
SERVICE COMMISSION shall preserve the rules filed under division 67,512
(B)(1)(a) of this section in an accessible manner. Each such 67,513
rule shall be a public record open to public inspection and may 67,514
be transmitted to any law publishing company that wishes to 67,515
reproduce it.
(C) As used in this section: 67,517
(1) "Rule" includes an amendment or rescission of a rule. 67,519
(2) "Substantive revision" has the same meaning as in 67,521
division (J) of section 119.01 of the Revised Code. 67,522
Section 8. That all existing versions of section 4141.14 67,524
of the Revised Code are hereby repealed. 67,525
Section 9. The amendment by this act of sections 122.23, 67,527
3702.74, 5112.01, 5112.03, 5112.04, 5112.05, 5112.06, 5112.07, 67,528
5112.08, 5112.09, 5112.10, 5112.11, 5112.18, 5112.19, 5112.21, 67,529
and 5112.99 of the Revised Code is not intended to supersede the 67,530
earlier repeal, with delayed effective date, of those sections. 67,531
Section 10. Section 145.27 of the Revised Code is 67,533
presented in this act as a composite of the section as amended by 67,534
both Am. Sub. H.B. 627 and Am. Sub. H.B. 668 of the 121st General 67,535
Assembly, with the new language of neither of the acts shown in 67,537
capital letters. Section 149.43 of the Revised Code is presented 67,538
in this act as a composite of the section as amended by both Am. 67,540
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 67,541
letters. Section 2151.421 of the Revised Code is presented in 67,542
this act as a composite of the section as amended by both Sub. 67,544
1488
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. 67,545
Section 2301.374 of the Revised Code is presented in this act as 67,547
a composite of the section as amended by both Am. Sub. H.B. 352 67,548
and Am. Sub. S.B. 60 of the 122nd General Assembly, with the new 67,549
language of neither of the acts shown in capital letters. 67,550
Section 3301.32 of the Revised Code is presented in this act as a 67,552
composite of the section as amended by both Am. Sub. H.B. 445 and 67,553
Am. Sub. S.B. 269 of the 121st General Assembly, with the new 67,554
language of neither of the acts shown in capital letters. 67,555
Section 3307.21 of the Revised Code is presented in this act as a 67,557
composite of the section as amended by both Am. Sub. H.B. 627 and 67,558
Am. Sub. H.B. 668 of the 121st General Assembly, with the new 67,559
language of neither of the acts shown in capital letters. 67,560
Section 3309.22 of the Revised Code is presented in this act as a 67,562
composite of the section as amended by both Am. Sub. H.B. 627 and 67,563
Am. Sub. H.B. 668 of the 121st General Assembly, with the new 67,564
language of neither of the acts shown in capital letters. 67,565
Section 3721.15 of the Revised Code is presented in this act as a 67,567
composite of the section as amended by both Am. Sub. H.B. 117 and 67,568
Sub. H.B. 167 of the 121st General Assembly, with the new 67,569
language of neither of the acts shown in capital letters. 67,570
Section 3729.11 of the Revised Code is presented in this act as a 67,572
composite of the section as amended by both Am. Sub. S.B. 62 and 67,573
Am. Sub. S.B. 150 of the 121st General Assembly, with the new 67,574
language of neither of the acts shown in capital letters.
Section 3729.21 of the Revised Code is presented in this act as a 67,576
composite of the section as amended by both Am. Sub. S.B. 62 and 67,577
Am. Sub. S.B. 150 of the 121st General Assembly, with the new 67,578
language of neither of the acts shown in capital letters.
Section 4167.11 of the Revised Code is presented in this act as a 67,580
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 67,581
language of neither of the acts shown in capital letters. 67,582
1489
Section 5101.14 of the Revised Code is presented in this act as a 67,584
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 67,585
language of neither of the acts shown in capital letters. 67,586
Section 5101.58 of the Revised Code is presented in this act as a 67,588
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 67,589
language of neither of the acts shown in capital letters. 67,590
Section 5104.012 of the Revised Code is presented in this act as 67,592
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 67,593
language of neither of the acts shown in capital letters. 67,594
Section 5104.013 of the Revised Code is presented in this act as 67,596
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 67,597
language of neither of the acts shown in capital letters. 67,598
Section 5104.32 of the Revised Code is presented in this act as a 67,600
composite of the section as amended by both Sub. H.B. 176 and Am. 67,601
Sub. H.B. 283 of the 123rd General Assembly, with the new 67,602
language of neither of the acts shown in capital letters.
Section 5104.38 of the Revised Code is presented in this act as a 67,604
composite of the section as amended by both Sub. H.B. 176 and Am. 67,605
Sub. H.B. 283 of the 123rd General Assembly, with the new 67,606
language of neither of the acts shown in capital letters.
Section 5703.21 of the Revised Code is presented in this act as a 67,608
composite of the section as amended by both Am. Sub. H.B. 283 and 67,609
Am. Sub. H.B. 362 of the 123rd General Assembly, with the new 67,610
language of neither of the acts shown in capital letters.
Section 5709.65 of the Revised Code is presented in this act as a 67,612
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 67,613
Assembly, with the new language of none of the acts shown in 67,614
capital letters. Section 5733.33 of the Revised Code is 67,615
presented in this act as a composite of the section as amended by 67,616
1490
both Am. Sub. H.B. 283 and Am. Sub. S.B. 3 of the 123rd General 67,617
Assembly, with the new language of neither of the acts shown in 67,618
capital letters. Section 5747.01 of the Revised Code is 67,619
presented in this act as a composite of the section as amended by 67,620
both Am. Sub. H.B. 4 and Am. Sub. H.B. 282 of the 123rd General 67,621
Assembly, with the new language of neither of the acts shown in 67,622
capital letters. This is in recognition of the principle stated 67,623
in division (B) of section 1.52 of the Revised Code that such 67,624
amendments are to be harmonized where not substantively 67,625
irreconcilable and constitutes a legislative finding that such is 67,626
the resulting version in effect prior to the effective date of 67,627
this act.
Section 11. Section 5101.60 of the Revised Code was 67,629
amended by both Am. Sub. H.B. 253 and Am. Sub. S.B. 2 of the 67,630
118th General Assembly. Comparison of these amendments in 67,631
pursuance of section 1.52 of the Revised Code discloses that 67,632
while certain of the amendments of these acts are reconcilable, 67,633
certain other of the amendments are substantively irreconcilable. 67,634
S.B. 2 was passed on June 30, 1989; H.B. 253 was passed on July 67,635
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 67,637
amendments of S.B. 2 as are not in conflict with the amendments 67,638
of H.B. 253. This is in recognition of the principles stated in 67,639
division (B) of section 1.52 of the Revised Code that amendments 67,640
are to be harmonized where not substantively irreconcilable, and 67,641
that where amendments are substantively irreconcilable, the 67,642
latest amendment is to prevail. This section constitutes a
legislative finding that such harmonized and reconciled section 67,643
was the resulting version in effect prior to the effective date 67,644
of this act.
Section 12. (A) Sections 1 and 2 and 9 through 11 of this 67,646
act shall take effect July 1, 2000. 67,648
(B) Sections 3 and 4 of this act shall take effect January 67,650
1, 2001.
1491
(C) Sections 5 and 6 of this act shall take effect April 67,652
1, 2001.
(D) Sections 7 and 8 of this act shall take effect April 67,654
1, 2002.