As Passed by the House 1 123rd General Assembly 4 Regular Session Am. Sub. H. B. No. 660 5 1999-2000 6 REPRESENTATIVES WINKLER-SCHURING-ALLEN-BARRETT-BENDER-BRADING- 7 BRITTON-CALVERT-GRENDELL-HOLLISTER-HOOPS-METTLER-NETZLEY- 8 O'BRIEN-PATTON-SCHULER-SMITH-SULLIVAN-VAN VYVEN-WILLIAMS- 10 J. BEATTY-METZGER-KILBANE-PETERSON-VESPER-MYERS-AUSTRIA- 11 WOMER BENJAMIN-JONES-HEALY-TAYLOR-FORD-MOTTLEY- MEAD-TIBERI-COLLIER 12 _________________________________________________________________ 13 A B I L L To enact sections 2151.3515, 2151.3516, 2151.3517, 15 2151.3518, 2151.3519, 2151.3520, 2151.3521, 16 2151.3522, 2151.3523, 2151.3524, 2151.3525, 17 2151.3526, 2151.3527, 2151.3528, 2151.3529, and 2151.3530 of the Revised Code to provide that a 18 parent who deserts a child under 72 hours old in 19 accordance with certain procedures does not 20 commit any criminal offense in this state and may 21 not be subject to criminal prosecution for 22 deserting the child. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24 Section 1. That sections 2151.3515, 2151.3516, 2151.3517, 26 2151.3518, 2151.3519, 2151.3520, 2151.3521, 2151.3522, 2151.3523, 27 2151.3524, 2151.3525, 2151.3526, 2151.3527, 2151.3528, 2151.3529, 28 and 2151.3530 of the Revised Code be enacted to read as follows: 29 Sec. 2151.3515. AS USED IN SECTIONS 2151.3515 TO 2151.3530 31 OF THE REVISED CODE: 32 (A) "DESERTED CHILD" MEANS A CHILD WHOSE PARENT HAS 35 VOLUNTARILY DELIVERED THE CHILD TO AN EMERGENCY MEDICAL SERVICE 36 WORKER, PEACE OFFICER, OR HOSPITAL EMPLOYEE WITHOUT EXPRESSING 37 AN INTENT TO RETURN FOR THE CHILD. 2 (B) "EMERGENCY MEDICAL SERVICE ORGANIZATION," "EMERGENCY 39 MEDICAL TECHNICIAN-BASIC," "EMERGENCY MEDICAL 40 TECHNICIAN-INTERMEDIATE," "FIRST RESPONDER," AND "PARAMEDIC" HAVE 41 THE SAME MEANINGS AS IN SECTION 4765.01 OF THE REVISED CODE. 42 (C) "EMERGENCY MEDICAL SERVICE WORKER" MEANS A FIRST 44 RESPONDER, EMERGENCY MEDICAL TECHNICIAN-BASIC, EMERGENCY MEDICAL 45 TECHNICIAN-INTERMEDIATE, OR PARAMEDIC. 46 (D) "HOSPITAL" HAS THE SAME MEANING AS IN SECTION 3727.01 48 OF THE REVISED CODE. 49 (E) "HOSPITAL EMPLOYEE" MEANS ANY OF THE FOLLOWING 51 PERSONS: (1) A PHYSICIAN WHO HAS BEEN GRANTED PRIVILEGES TO 53 PRACTICE AT THE HOSPITAL; 54 (2) A NURSE, PHYSICIAN ASSISTANT, OR NURSE AIDE EMPLOYED 56 BY THE HOSPITAL; 57 (3) AN AUTHORIZED PERSON EMPLOYED BY THE HOSPITAL WHO IS 59 ACTING UNDER THE DIRECTION OF A PHYSICIAN DESCRIBED IN DIVISION 60 (E)(1) OF THIS SECTION. 61 (F) "LAW ENFORCEMENT AGENCY" MEANS AN ORGANIZATION OR 63 ENTITY MADE UP OF PEACE OFFICERS. 64 (G) "NURSE" MEANS A PERSON WHO IS LICENSED UNDER CHAPTER 66 4723. OF THE REVISED CODE TO PRACTICE AS A REGISTERED NURSE OR 68 LICENSED PRACTICAL NURSE. 70 (H) "NURSE AIDE" HAS THE SAME MEANING AS IN SECTION 72 3721.21 OF THE REVISED CODE. 73 (I) "PEACE OFFICER" MEANS A SHERIFF, DEPUTY SHERIFF, 75 CONSTABLE, POLICE OFFICER OF A TOWNSHIP OR JOINT TOWNSHIP POLICE 76 DISTRICT, MARSHAL, DEPUTY MARSHAL, MUNICIPAL POLICE OFFICER, OR A 77 STATE HIGHWAY PATROL TROOPER. 78 (J) "PHYSICIAN" AND "PHYSICIAN ASSISTANT" HAVE THE SAME 80 MEANINGS AS IN SECTION 4730.01 OF THE REVISED CODE. 81 Sec. 2151.3516. THE FOLLOWING PERSONS, WHILE ACTING IN AN 84 OFFICIAL CAPACITY, SHALL TAKE POSSESSION OF A CHILD WHO IS SEVENTY-TWO HOURS OLD OR YOUNGER IF THAT CHILD'S PARENT HAS 86 3 VOLUNTARILY DELIVERED THE CHILD TO THAT PERSON WITHOUT THE PARENT 87 EXPRESSING AN INTENT TO RETURN FOR THE CHILD: 88 (A) A PEACE OFFICER ON BEHALF OF THE LAW ENFORCEMENT 90 AGENCY THAT EMPLOYS THE OFFICER; 91 (B) A HOSPITAL EMPLOYEE ON BEHALF OF THE HOSPITAL THAT HAS 93 GRANTED THE PERSON PRIVILEGE TO PRACTICE AT THE HOSPITAL OR THAT 94 EMPLOYS THE PERSON; 95 (C) AN EMERGENCY MEDICAL SERVICE WORKER ON BEHALF OF THE 97 EMERGENCY MEDICAL SERVICE ORGANIZATION THAT EMPLOYS THE WORKER OR 98 FOR WHICH THE WORKER PROVIDES SERVICES. 99 Sec. 2151.3517. (A) ON TAKING POSSESSION OF A CHILD 101 PURSUANT TO SECTION 2151.3516 OF THE REVISED CODE, A LAW 102 ENFORCEMENT AGENCY, HOSPITAL, OR EMERGENCY MEDICAL SERVICE 104 ORGANIZATION SHALL DO ALL THE FOLLOWING: 105 (1) PERFORM ANY ACT NECESSARY TO PROTECT THE CHILD'S 107 HEALTH OR SAFETY; 108 (2) NOTIFY THE PUBLIC CHILDREN SERVICES AGENCY OF THE 110 COUNTY IN WHICH THE AGENCY, HOSPITAL, OR ORGANIZATION IS LOCATED 111 THAT THE CHILD HAS BEEN TAKEN INTO POSSESSION; 112 (3) IF POSSIBLE, MAKE AVAILABLE TO THE PARENT WHO 114 DELIVERED THE CHILD FORMS DEVELOPED UNDER SECTION 2151.3529 OF 115 THE REVISED CODE THAT ARE DESIGNED TO GATHER MEDICAL INFORMATION 116 CONCERNING THE CHILD AND THE CHILD'S PARENTS; 117 (4) IF POSSIBLE, MAKE AVAILABLE TO THE PARENT WHO 119 DELIVERED THE CHILD WRITTEN MATERIALS DEVELOPED UNDER SECTION 120 2151.3529 OF THE REVISED CODE THAT DESCRIBE SERVICES AVAILABLE TO 122 ASSIST PARENTS AND NEWBORNS; (5) IF THE CHILD HAS SUFFERED A PHYSICAL OR MENTAL WOUND, 124 INJURY, DISABILITY, OR CONDITION OF A NATURE THAT REASONABLY 125 INDICATES ABUSE OR NEGLECT OF THE CHILD, ATTEMPT TO IDENTIFY AND 126 PURSUE THE PERSON WHO DELIVERED THE CHILD. 127 (B) AN EMERGENCY MEDICAL SERVICE WORKER WHO TAKES 129 POSSESSION OF A CHILD SHALL, IN ADDITION TO ANY ACT PERFORMED 130 UNDER DIVISION (A)(1) OF THIS SECTION, PERFORM ANY MEDICAL 131 4 SERVICE THE WORKER IS AUTHORIZED TO PERFORM THAT IS NECESSARY TO 132 PROTECT THE PHYSICAL HEALTH OR SAFETY OF THE CHILD. 133 Sec. 2151.3518. ON RECEIPT OF A NOTICE GIVEN PURSUANT TO 135 SECTION 2151.3517 OF THE REVISED CODE THAT AN EMERGENCY MEDICAL 138 SERVICE ORGANIZATION, A LAW ENFORCEMENT AGENCY, OR HOSPITAL HAS 139 TAKEN POSSESSION OF A CHILD AND IN ACCORDANCE WITH RULES OF THE 141 DEPARTMENT OF JOB AND FAMILY SERVICES, A PUBLIC CHILDREN SERVICES 142 AGENCY SHALL DO ALL OF THE FOLLOWING: 143 (A) CONSIDER THE CHILD TO BE IN NEED OF PUBLIC CARE AND 145 PROTECTIVE SERVICES; 146 (B) ACCEPT AND TAKE EMERGENCY TEMPORARY CUSTODY OF THE 148 CHILD; (C) PROVIDE TEMPORARY EMERGENCY CARE FOR THE CHILD, 150 WITHOUT AGREEMENT OR COMMITMENT; 151 (D) MAKE AN INVESTIGATION CONCERNING THE CHILD; 153 (E) FILE A MOTION WITH THE JUVENILE COURT OF THE COUNTY IN 155 WHICH THE AGENCY IS LOCATED REQUESTING THAT THE COURT GRANT 156 TEMPORARY CUSTODY OF THE CHILD TO THE AGENCY OR TO A PRIVATE 157 CHILD PLACING AGENCY; 158 (F) PROVIDE ANY CARE FOR THE CHILD THAT THE PUBLIC 161 CHILDREN SERVICES AGENCY CONSIDERS TO BE IN THE BEST INTEREST OF 162 THE CHILD, INCLUDING PLACING THE CHILD IN SHELTER CARE; 163 (G) PROVIDE ANY CARE AND PERFORM ANY DUTIES THAT ARE 166 REQUIRED OF PUBLIC CHILDREN SERVICES AGENCIES UNDER SECTION 167 5153.16 OF THE REVISED CODE; 168 (H) PREPARE AND KEEP WRITTEN RECORDS OF THE INVESTIGATION 170 OF THE CHILD, OF THE CARE AND TREATMENT AFFORDED THE CHILD, AND 171 ANY OTHER RECORDS REQUIRED BY THE DEPARTMENT OF JOB AND FAMILY 172 SERVICES. Sec. 2151.3519. WHEN A PUBLIC CHILDREN SERVICES AGENCY 174 FILES A MOTION PURSUANT TO DIVISION (E) OF SECTION 2151.3518 OF 175 THE REVISED CODE, THE JUVENILE COURT SHALL HOLD AN EMERGENCY 177 HEARING AS SOON AS POSSIBLE TO DETERMINE WHETHER THE CHILD IS A 178 DESERTED CHILD. THE COURT IS REQUIRED TO GIVE NOTICE TO THE 180 5 PARENTS OF THE CHILD ONLY IF THE COURT HAS KNOWLEDGE OF THE NAMES 181 OF THE PARENTS. IF THE COURT DETERMINES AT THE INITIAL HEARING 182 OR AT ANY OTHER HEARING THAT A CHILD IS A DESERTED CHILD, THE 183 COURT SHALL ADJUDICATE THE CHILD A DESERTED CHILD AND ENTER ITS 184 FINDINGS IN THE RECORD OF THE CASE. 185 Sec. 2151.3520. IF A JUVENILE COURT ADJUDICATES A CHILD A 187 DESERTED CHILD, THE COURT SHALL COMMIT THE CHILD TO THE TEMPORARY 188 CUSTODY OF A PUBLIC CHILDREN SERVICES AGENCY OR A PRIVATE CHILD 189 PLACING AGENCY. THE COURT SHALL CONSIDER THE ORDER COMMITTING 190 THE CHILD TO THE TEMPORARY CUSTODY OF THE AGENCY TO BE AN ORDER 191 OF DISPOSITION ISSUED UNDER DIVISION (A)(2) OF SECTION 2151.353 192 OF THE REVISED CODE WITH RESPECT TO A CHILD ADJUDICATED A 195 NEGLECTED CHILD. Sec. 2151.3521. A COURT THAT ISSUES AN ORDER PURSUANT TO 197 SECTION 2151.3520 OF THE REVISED CODE SHALL TREAT THE CHILD WHO 198 IS THE SUBJECT OF THE ORDER THE SAME AS A CHILD ADJUDICATED A 200 NEGLECTED CHILD WHEN PERFORMING DUTIES UNDER CHAPTER 2151. OF THE 201 REVISED CODE WITH RESPECT TO THE CHILD, EXCEPT THAT THERE IS A 203 REBUTTABLE PRESUMPTION THAT IT IS NOT IN THE CHILD'S BEST 204 INTEREST TO RETURN THE CHILD TO THE NATURAL PARENTS. 205 Sec. 2151.3522. A PUBLIC CHILDREN SERVICES AGENCY OR 207 PRIVATE CHILD PLACING AGENCY THAT RECEIVES TEMPORARY CUSTODY OF A 208 CHILD ADJUDICATED A DESERTED CHILD SHALL PREPARE CASE PLANS, 209 CONDUCT INVESTIGATIONS, CONDUCT PERIODIC ADMINISTRATIVE REVIEWS 210 OF CASE PLANS, AND PROVIDE SERVICES FOR THE DESERTED CHILD AS IF 211 THE CHILD WERE ADJUDICATED A NEGLECTED CHILD AND SHALL FOLLOW THE 213 SAME PROCEDURES UNDER THIS CHAPTER IN PERFORMING THOSE FUNCTIONS 214 AS IF THE DESERTED CHILD WAS A NEGLECTED CHILD. Sec. 2151.3523. (A) A PARENT DOES NOT COMMIT A CRIMINAL 217 OFFENSE UNDER THE LAWS OF THIS STATE AND SHALL NOT BE SUBJECT TO CRIMINAL PROSECUTION IN THIS STATE FOR THE ACT OF VOLUNTARILY 218 DELIVERING A CHILD UNDER SECTION 2151.3516 OF THE REVISED CODE. 219 (B) A PERSON WHO DELIVERS OR ATTEMPTS TO DELIVER A CHILD 221 WHO HAS SUFFERED ANY PHYSICAL OR MENTAL WOUND, INJURY, 222 6 DISABILITY, OR CONDITION OF A NATURE THAT REASONABLY INDICATES 224 ABUSE OR NEGLECT OF THE CHILD IS NOT IMMUNE FROM CIVIL OR 225 CRIMINAL LIABILITY FOR ABUSE OR NEGLECT. (C) A PERSON OR GOVERNMENTAL ENTITY THAT TAKES POSSESSION 227 OF A CHILD PURSUANT TO SECTION 2151.3516 OF THE REVISED CODE OR 228 TAKES EMERGENCY TEMPORARY CUSTODY OF AND PROVIDES TEMPORARY 230 EMERGENCY CARE FOR A CHILD PURSUANT TO SECTION 2151.3518 OF THE 231 REVISED CODE IS IMMUNE FROM ANY CIVIL LIABILITY THAT MIGHT 232 OTHERWISE BE INCURRED OR IMPOSED AS A RESULT OF THESE ACTIONS, 233 UNLESS THE PERSON OR ENTITY HAS ACTED IN BAD FAITH OR WITH 234 MALICIOUS PURPOSE. THE IMMUNITY PROVIDED BY THIS DIVISION DOES 235 NOT APPLY IF THE PERSON OR GOVERNMENTAL ENTITY HAS IMMUNITY FROM 236 CIVIL LIABILITY UNDER SECTION 9.86, 2744.02, OR 2744.03 OF THE 237 REVISED CODE FOR THE ACTION IN QUESTION. 238 (D) A PERSON OR GOVERNMENTAL ENTITY THAT TAKES POSSESSION 240 OF A CHILD PURSUANT TO SECTION 2151.3516 OF THE REVISED CODE OR 241 TAKES EMERGENCY TEMPORARY CUSTODY OF AND PROVIDES TEMPORARY 243 EMERGENCY CARE FOR A CHILD PURSUANT TO SECTION 2151.3518 OF THE 244 REVISED CODE IS IMMUNE FROM ANY CRIMINAL LIABILITY THAT MIGHT 245 OTHERWISE BE INCURRED OR IMPOSED AS A RESULT OF THESE ACTIONS, 246 UNLESS THE PERSON OR ENTITY HAS ACTED IN BAD FAITH OR WITH 247 MALICIOUS PURPOSE. (E) DIVISIONS (C) AND (D) OF THIS SECTION DO NOT CREATE A 250 NEW CAUSE OF ACTION OR SUBSTANTIVE LEGAL RIGHT AGAINST A PERSON OR GOVERNMENTAL ENTITY, AND DO NOT AFFECT ANY IMMUNITIES FROM 251 CIVIL LIABILITY OR DEFENSES ESTABLISHED BY ANOTHER SECTION OF THE 252 REVISED CODE OR AVAILABLE AT COMMON LAW, TO WHICH A PERSON OR 254 GOVERNMENTAL ENTITY MAY BE ENTITLED UNDER CIRCUMSTANCES NOT COVERED BY THIS SECTION. 255 Sec. 2151.3524. (A) A PARENT WHO VOLUNTARILY DELIVERS A 257 CHILD UNDER SECTION 2151.3516 OF THE REVISED CODE HAS THE 258 ABSOLUTE RIGHT TO REMAIN ANONYMOUS. THE ANONYMITY OF A PARENT 260 WHO VOLUNTARILY DELIVERS A CHILD DOES NOT AFFECT ANY DUTY IMPOSED 261 UNDER SECTIONS 2151.3516 OR 2151.3517 OF THE REVISED CODE. A 262 7 PARENT WHO VOLUNTARILY DELIVERS A CHILD MAY LEAVE THE PLACE AT 263 WHICH THE PARENT DELIVERS THE CHILD AT ANY TIME AFTER THE DELIVERY OF THE CHILD. 264 (B) NOTWITHSTANDING DIVISION (A) OF THIS SECTION, A PARENT 267 WHO DELIVERS OR ATTEMPTS TO DELIVER A CHILD WHO HAS SUFFERED ANY PHYSICAL OR MENTAL WOUND, INJURY, DISABILITY, OR CONDITION OF A 268 NATURE THAT REASONABLY INDICATES ABUSE OR NEGLECT OF THE CHILD 269 DOES NOT HAVE THE RIGHT TO REMAIN ANONYMOUS AND MAY BE SUBJECT TO 270 ARREST PURSUANT TO CHAPTER 2935. OF THE REVISED CODE. 271 Sec. 2151.3525. A PARENT WHO VOLUNTARILY DELIVERS A CHILD 273 UNDER SECTION 2151.3516 OF THE REVISED CODE MAY COMPLETE ALL OR 274 ANY PART OF THE MEDICAL INFORMATION FORMS THE PARENT RECEIVES 276 UNDER DIVISION (A)(3) OF SECTION 2151.3517 OF THE REVISED CODE. 277 THE PARENT MAY DELIVER THE FULLY OR PARTIALLY COMPLETED FORMS AT 278 THE SAME TIME AS DELIVERING THE CHILD OR AT A LATER TIME. THE 280 PARENT IS NOT REQUIRED TO COMPLETE ALL OR ANY PART OF THE FORMS. 282 Sec. 2151.3526. A PARENT WHO VOLUNTARILY DELIVERS A CHILD 284 UNDER SECTION 2151.3516 OF THE REVISED CODE MAY REFUSE TO ACCEPT 285 THE MATERIALS MADE AVAILABLE UNDER DIVISION (A)(4) OF SECTION 287 2151.3517 OF THE REVISED CODE. 289 Sec. 2151.3527. (A) NO PERSON DESCRIBED IN SECTION 291 2151.3516 OF THE REVISED CODE SHALL DO THE FOLLOWING WITH RESPECT 293 TO A PARENT WHO VOLUNTARILY DELIVERS A CHILD UNDER THAT SECTION: (1) COERCE OR OTHERWISE TRY TO FORCE THE PARENT INTO 295 REVEALING THE IDENTITY OF THE CHILD'S PARENTS; 296 (2) PURSUE OR FOLLOW THE PARENT AFTER THE PARENT LEAVES 298 THE PLACE AT WHICH THE CHILD WAS DELIVERED; 299 (3) COERCE OR OTHERWISE TRY TO FORCE THE PARENT NOT TO 301 DESERT THE CHILD; 302 (4) COERCE OR OTHERWISE TRY TO FORCE THE PARENT TO 304 COMPLETE ALL OR ANY PART OF THE MEDICAL INFORMATION FORMS 305 RECEIVED UNDER DIVISION (A)(3) OF SECTION 2151.3517 OF THE 306 REVISED CODE; 307 (5) COERCE OR OTHERWISE TRY TO FORCE THE PARENT TO ACCEPT 309 8 THE MATERIALS MADE AVAILABLE UNDER DIVISION (A)(4) OF SECTION 310 2151.3517 OF THE REVISED CODE. 312 (B) DIVISIONS (A)(1) AND (2) OF THIS SECTION DO NOT APPLY 315 TO A PERSON WHO DELIVERS OR ATTEMPTS TO DELIVER A CHILD WHO HAS 316 SUFFERED ANY PHYSICAL OR MENTAL WOUND, INJURY, DISABILITY, OR 317 CONDITION OF A NATURE THAT REASONABLY INDICATES ABUSE OR NEGLECT 318 OF THE CHILD. Sec. 2151.3528. IF A CHILD IS ADJUDICATED A DESERTED CHILD 320 AND A PERSON INDICATES TO THE COURT THAT THE PERSON IS THE PARENT 321 OF THE CHILD AND THAT THE PERSON SEEKS TO BE REUNITED WITH THE 323 CHILD, THE COURT THAT ADJUDICATED THE CHILD SHALL REQUIRE THE PERSON, AT THE PERSON'S EXPENSE, TO SUBMIT TO A DNA TEST TO 324 VERIFY THAT THE PERSON IS A PARENT OF THE CHILD. 325 Sec. 2151.3529. (A) THE DIRECTOR OF JOB AND FAMILY 328 SERVICES SHALL PROMULGATE FORMS DESIGNED TO GATHER PERTINENT MEDICAL INFORMATION CONCERNING A DESERTED CHILD AND THE CHILD'S 329 PARENTS. THE FORMS SHALL CLEARLY AND UNAMBIGUOUSLY STATE ON EACH 330 PAGE THAT THE INFORMATION REQUESTED IS TO FACILITATE MEDICAL CARE 331 FOR THE CHILD, THAT THE FORMS MAY BE FULLY OR PARTIALLY COMPLETED 332 OR LEFT BLANK, THAT COMPLETING THE FORMS OR PARTS OF THE FORMS IS 333 COMPLETELY VOLUNTARY, AND THAT NO ADVERSE LEGAL CONSEQUENCE WILL 334 RESULT FROM FAILURE TO COMPLETE ANY PART OF THE FORMS. 335 (B) THE DIRECTOR SHALL PROMULGATE WRITTEN MATERIALS TO BE 337 GIVEN TO THE PARENTS OF A CHILD DELIVERED PURSUANT TO SECTION 338 2151.3516 OF THE REVISED CODE. THE MATERIALS SHALL DESCRIBE 339 SERVICES AVAILABLE TO ASSIST PARENTS AND NEWBORNS AND SHALL 340 INCLUDE INFORMATION DIRECTLY RELEVANT TO SITUATIONS THAT MIGHT 341 CAUSE PARENTS TO DESERT A CHILD AND INFORMATION ON THE PROCEDURES 342 FOR A PERSON TO FOLLOW IN ORDER TO REUNITE WITH A CHILD THE 343 PERSON DELIVERED UNDER SECTION 2151.3516 OF THE REVISED CODE, 344 INCLUDING NOTICE THAT THE PERSON WILL BE REQUIRED TO SUBMIT TO A 345 DNA TEST, AT THAT PERSON'S EXPENSE, TO PROVE THAT THE PERSON IS 346 THE PARENT OF THE CHILD. 347 Sec. 2151.3530. THE DIRECTOR OF JOB AND FAMILY SERVICES 349 9 SHALL DISTRIBUTE THE MEDICAL INFORMATION FORMS AND WRITTEN 350 MATERIALS PROMULGATED UNDER SECTION 2151.3529 OF THE REVISED CODE 351 TO ENTITIES PERMITTED TO RECEIVE A DESERTED CHILD, TO PUBLIC 353 CHILDREN SERVICES AGENCIES, AND TO OTHER PUBLIC OR PRIVATE AGENCIES THAT, IN THE DISCRETION OF THE DIRECTOR, ARE BEST ABLE 354 TO DISSEMINATE THE FORMS AND MATERIALS TO THE PERSONS WHO ARE 355 MOST IN NEED OF THE FORMS AND MATERIALS. 356