As Reported by the Senate Health, Human Services            2            

                       and Aging Committee                         2            

123rd General Assembly                                             5            

   Regular Session                    Am. Sub. H. B. No. 660       6            

      1999-2000                                                    7            


 REPRESENTATIVES WINKLER-SCHURING-ALLEN-BARRETT-BENDER-BRADING-    8            

    BRITTON-CALVERT-GRENDELL-HOLLISTER-HOOPS-METTLER-NETZLEY-      9            

    O'BRIEN-PATTON-SCHULER-SMITH-SULLIVAN-VAN VYVEN-WILLIAMS-      11           

    J. BEATTY-METZGER-KILBANE-PETERSON-VESPER-MYERS-AUSTRIA-       12           

         WOMER BENJAMIN-JONES-HEALY-TAYLOR-FORD-MOTTLEY-                        

     MEAD-TIBERI-COLLIER-SENATORS DRAKE-HAGAN-PRENTISS-SPADA       13           


_________________________________________________________________   14           

                          A   B I L L                                           

             To enact sections 2151.3515, 2151.3516, 2151.3517,    16           

                2151.3518, 2151.3519, 2151.3520, 2151.3521,        17           

                2151.3522, 2151.3523, 2151.3524, 2151.3525,        18           

                2151.3526, 2151.3527, 2151.3528, 2151.3529, and                 

                2151.3530 of the Revised Code to provide that a    19           

                parent who deserts a child under 72 hours old in   20           

                accordance with certain procedures does not        21           

                commit any criminal offense in this state and may  22           

                not be subject to criminal prosecution for         23           

                deserting the child.                                            




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        25           

      Section 1.  That sections 2151.3515, 2151.3516, 2151.3517,   27           

2151.3518, 2151.3519, 2151.3520, 2151.3521, 2151.3522, 2151.3523,  28           

2151.3524, 2151.3525, 2151.3526, 2151.3527, 2151.3528, 2151.3529,  29           

and 2151.3530 of the Revised Code be enacted to read as follows:   30           

      Sec. 2151.3515.  AS USED IN SECTIONS 2151.3515 TO 2151.3530  32           

OF THE REVISED CODE:                                               33           

      (A)  "DESERTED CHILD" MEANS A CHILD WHOSE PARENT HAS         36           

VOLUNTARILY DELIVERED THE CHILD TO AN EMERGENCY MEDICAL SERVICE    37           

WORKER, PEACE OFFICER, OR  HOSPITAL EMPLOYEE WITHOUT EXPRESSING    38           

                                                          2      


                                                                 
AN INTENT TO RETURN FOR THE CHILD.                                              

      (B)  "EMERGENCY MEDICAL SERVICE ORGANIZATION," "EMERGENCY    40           

MEDICAL TECHNICIAN-BASIC," "EMERGENCY MEDICAL                      41           

TECHNICIAN-INTERMEDIATE," "FIRST RESPONDER," AND "PARAMEDIC" HAVE  42           

THE SAME MEANINGS AS IN SECTION 4765.01 OF THE REVISED CODE.       43           

      (C)  "EMERGENCY MEDICAL SERVICE WORKER" MEANS A FIRST        45           

RESPONDER, EMERGENCY MEDICAL TECHNICIAN-BASIC, EMERGENCY MEDICAL   46           

TECHNICIAN-INTERMEDIATE, OR PARAMEDIC.                             47           

      (D)  "HOSPITAL" HAS THE SAME MEANING AS IN SECTION 3727.01   49           

OF THE REVISED CODE.                                               50           

      (E)  "HOSPITAL EMPLOYEE" MEANS ANY OF THE FOLLOWING          52           

PERSONS:                                                                        

      (1)  A PHYSICIAN WHO HAS BEEN GRANTED PRIVILEGES TO          54           

PRACTICE AT THE HOSPITAL;                                          55           

      (2)  A NURSE, PHYSICIAN ASSISTANT, OR NURSING ASSISTANT      57           

EMPLOYED BY THE HOSPITAL;                                          58           

      (3)  AN AUTHORIZED PERSON EMPLOYED BY THE HOSPITAL WHO IS    60           

ACTING UNDER THE DIRECTION OF A PHYSICIAN DESCRIBED IN DIVISION    61           

(E)(1) OF THIS SECTION.                                            62           

      (F)  "LAW ENFORCEMENT AGENCY" MEANS AN ORGANIZATION OR       64           

ENTITY MADE UP OF PEACE OFFICERS.                                  65           

      (G)  "NURSE" MEANS A PERSON WHO IS LICENSED UNDER CHAPTER    67           

4723. OF THE REVISED CODE TO PRACTICE AS A REGISTERED NURSE OR     69           

LICENSED PRACTICAL NURSE.                                          71           

      (H)  "NURSING ASSISTANT" MEANS A PERSON DESIGNATED BY A      73           

HOSPITAL AS A NURSE AIDE OR NURSING ASSISTANT WHOSE JOB IS TO AID  74           

NURSES, PHYSICIANS, AND PHYSICIAN ASSISTANTS IN THE PERFORMANCE    75           

OF THEIR DUTIES.                                                                

      (I)  "PEACE OFFICER" MEANS A SHERIFF, DEPUTY SHERIFF,        77           

CONSTABLE, POLICE OFFICER OF A TOWNSHIP OR JOINT TOWNSHIP POLICE   78           

DISTRICT, MARSHAL, DEPUTY MARSHAL, MUNICIPAL POLICE OFFICER, OR A  79           

STATE HIGHWAY PATROL TROOPER.                                      80           

      (J)  "PHYSICIAN" AND "PHYSICIAN ASSISTANT" HAVE THE SAME     82           

MEANINGS AS IN SECTION 4730.01 OF THE REVISED CODE.                83           

                                                          3      


                                                                 
      Sec. 2151.3516.  THE FOLLOWING PERSONS, WHILE ACTING IN AN   86           

OFFICIAL CAPACITY, SHALL TAKE POSSESSION OF A CHILD WHO IS                      

SEVENTY-TWO HOURS OLD OR YOUNGER IF THAT CHILD'S PARENT HAS        88           

VOLUNTARILY DELIVERED THE CHILD TO THAT PERSON WITHOUT THE PARENT  89           

EXPRESSING AN INTENT TO RETURN FOR THE CHILD:                      90           

      (A)  A PEACE OFFICER ON BEHALF OF THE LAW ENFORCEMENT        92           

AGENCY THAT EMPLOYS THE OFFICER;                                   93           

      (B)  A HOSPITAL EMPLOYEE ON BEHALF OF THE HOSPITAL THAT HAS  95           

GRANTED THE PERSON PRIVILEGE TO PRACTICE AT THE HOSPITAL OR THAT   96           

EMPLOYS THE PERSON;                                                97           

      (C)  AN EMERGENCY MEDICAL SERVICE WORKER ON BEHALF OF THE    99           

EMERGENCY MEDICAL SERVICE ORGANIZATION THAT EMPLOYS THE WORKER OR  100          

FOR WHICH THE WORKER PROVIDES SERVICES.                            101          

      Sec. 2151.3517.  (A)  ON TAKING POSSESSION OF A CHILD        103          

PURSUANT TO SECTION 2151.3516 OF THE REVISED CODE, A LAW           104          

ENFORCEMENT AGENCY, HOSPITAL, OR EMERGENCY MEDICAL SERVICE         106          

ORGANIZATION SHALL DO ALL THE FOLLOWING:                           107          

      (1)  PERFORM ANY ACT NECESSARY TO PROTECT THE CHILD'S        109          

HEALTH OR SAFETY;                                                  110          

      (2)  NOTIFY THE PUBLIC CHILDREN SERVICES AGENCY OF THE       112          

COUNTY IN WHICH THE AGENCY, HOSPITAL, OR ORGANIZATION IS LOCATED   113          

THAT THE CHILD HAS BEEN TAKEN INTO POSSESSION;                     114          

      (3)  IF POSSIBLE, MAKE AVAILABLE TO THE PARENT WHO           116          

DELIVERED THE CHILD FORMS DEVELOPED UNDER SECTION 2151.3529 OF     117          

THE REVISED CODE THAT ARE DESIGNED TO GATHER MEDICAL INFORMATION   118          

CONCERNING THE CHILD AND THE CHILD'S PARENTS;                      119          

      (4)  IF POSSIBLE, MAKE AVAILABLE TO THE PARENT WHO           121          

DELIVERED THE CHILD WRITTEN MATERIALS DEVELOPED UNDER SECTION      122          

2151.3529 OF THE REVISED CODE THAT DESCRIBE SERVICES AVAILABLE TO  124          

ASSIST PARENTS AND NEWBORNS;                                                    

      (5)  IF THE CHILD HAS SUFFERED A PHYSICAL OR MENTAL WOUND,   126          

INJURY, DISABILITY, OR CONDITION OF A NATURE THAT REASONABLY       127          

INDICATES ABUSE OR NEGLECT OF THE CHILD, ATTEMPT TO IDENTIFY AND   128          

PURSUE THE PERSON WHO DELIVERED THE CHILD.                         129          

                                                          4      


                                                                 
      (B)  AN EMERGENCY MEDICAL SERVICE WORKER WHO TAKES           131          

POSSESSION OF A CHILD SHALL, IN ADDITION TO ANY ACT PERFORMED      132          

UNDER DIVISION (A)(1) OF THIS SECTION, PERFORM ANY MEDICAL         133          

SERVICE THE WORKER IS AUTHORIZED TO PERFORM THAT IS NECESSARY TO   134          

PROTECT THE PHYSICAL HEALTH OR SAFETY OF THE CHILD.                135          

      Sec. 2151.3518.  ON RECEIPT OF A NOTICE GIVEN PURSUANT TO    137          

SECTION 2151.3517 OF THE REVISED CODE THAT AN EMERGENCY MEDICAL    140          

SERVICE ORGANIZATION, A LAW ENFORCEMENT AGENCY, OR HOSPITAL HAS    141          

TAKEN POSSESSION OF A CHILD AND IN ACCORDANCE WITH RULES OF THE    143          

DEPARTMENT OF JOB AND FAMILY SERVICES, A PUBLIC CHILDREN SERVICES  144          

AGENCY SHALL DO ALL OF THE FOLLOWING:                              145          

      (A)  CONSIDER THE CHILD TO BE IN NEED OF PUBLIC CARE AND     147          

PROTECTIVE SERVICES;                                               148          

      (B)  ACCEPT AND TAKE EMERGENCY TEMPORARY CUSTODY OF THE      150          

CHILD;                                                                          

      (C)  PROVIDE TEMPORARY EMERGENCY CARE FOR THE CHILD,         152          

WITHOUT AGREEMENT OR COMMITMENT;                                   153          

      (D)  MAKE AN INVESTIGATION CONCERNING THE CHILD;             155          

      (E)  FILE A MOTION WITH THE JUVENILE COURT OF THE COUNTY IN  157          

WHICH THE AGENCY IS LOCATED REQUESTING THAT THE COURT GRANT        158          

TEMPORARY CUSTODY OF THE CHILD TO THE AGENCY OR TO A PRIVATE       159          

CHILD PLACING AGENCY;                                              160          

      (F)  PROVIDE ANY CARE FOR THE CHILD THAT THE PUBLIC          163          

CHILDREN SERVICES AGENCY CONSIDERS TO BE IN THE BEST INTEREST OF   164          

THE CHILD, INCLUDING PLACING THE CHILD IN SHELTER CARE;            165          

      (G)  PROVIDE ANY CARE AND PERFORM ANY DUTIES THAT ARE        168          

REQUIRED OF PUBLIC CHILDREN SERVICES AGENCIES UNDER SECTION        169          

5153.16 OF THE REVISED CODE;                                       170          

      (H)  PREPARE AND KEEP WRITTEN RECORDS OF THE INVESTIGATION   172          

OF THE CHILD, OF THE CARE AND TREATMENT AFFORDED THE CHILD, AND    173          

ANY OTHER RECORDS REQUIRED BY THE DEPARTMENT OF JOB AND FAMILY     174          

SERVICES.                                                                       

      Sec. 2151.3519.  WHEN A PUBLIC CHILDREN SERVICES AGENCY      176          

FILES A MOTION PURSUANT TO DIVISION (E) OF SECTION 2151.3518 OF    177          

                                                          5      


                                                                 
THE REVISED CODE, THE JUVENILE COURT SHALL HOLD AN EMERGENCY       179          

HEARING AS SOON AS POSSIBLE TO DETERMINE WHETHER THE CHILD IS A    180          

DESERTED CHILD.  THE COURT IS REQUIRED TO GIVE NOTICE TO THE       182          

PARENTS OF THE CHILD ONLY IF THE COURT HAS KNOWLEDGE OF THE NAMES  183          

OF THE PARENTS.  IF THE COURT DETERMINES AT THE INITIAL HEARING    184          

OR AT ANY OTHER HEARING THAT A CHILD IS A DESERTED CHILD, THE      185          

COURT SHALL ADJUDICATE THE CHILD A DESERTED CHILD AND ENTER ITS    186          

FINDINGS IN THE RECORD OF THE CASE.                                187          

      Sec. 2151.3520.  IF A JUVENILE COURT ADJUDICATES A CHILD A   189          

DESERTED CHILD, THE COURT SHALL COMMIT THE CHILD TO THE TEMPORARY  190          

CUSTODY OF A PUBLIC CHILDREN SERVICES AGENCY OR A PRIVATE CHILD    191          

PLACING AGENCY.  THE COURT SHALL CONSIDER THE ORDER COMMITTING     192          

THE CHILD TO THE TEMPORARY CUSTODY OF THE AGENCY TO BE AN ORDER    193          

OF DISPOSITION ISSUED UNDER DIVISION (A)(2) OF SECTION 2151.353    194          

OF THE REVISED CODE WITH RESPECT TO A CHILD ADJUDICATED A          197          

NEGLECTED CHILD.                                                                

      Sec. 2151.3521.  A COURT THAT ISSUES AN ORDER PURSUANT TO    199          

SECTION 2151.3520 OF THE REVISED CODE SHALL TREAT THE CHILD WHO    200          

IS THE SUBJECT OF THE ORDER THE SAME AS A CHILD ADJUDICATED A      202          

NEGLECTED CHILD WHEN PERFORMING DUTIES UNDER CHAPTER 2151. OF THE  203          

REVISED CODE WITH RESPECT TO THE CHILD, EXCEPT THAT THERE IS A     205          

REBUTTABLE PRESUMPTION THAT IT IS NOT IN THE CHILD'S BEST          206          

INTEREST TO RETURN THE CHILD TO THE NATURAL PARENTS.               207          

      Sec. 2151.3522.  A PUBLIC CHILDREN SERVICES AGENCY OR        209          

PRIVATE CHILD PLACING AGENCY THAT RECEIVES TEMPORARY CUSTODY OF A  210          

CHILD ADJUDICATED A DESERTED CHILD SHALL PREPARE CASE PLANS,       211          

CONDUCT INVESTIGATIONS, CONDUCT PERIODIC ADMINISTRATIVE REVIEWS    212          

OF CASE PLANS, AND PROVIDE SERVICES FOR THE DESERTED CHILD AS IF   213          

THE CHILD WERE ADJUDICATED A NEGLECTED CHILD AND SHALL FOLLOW THE  215          

SAME PROCEDURES UNDER THIS CHAPTER IN PERFORMING THOSE FUNCTIONS   216          

AS IF THE DESERTED CHILD WAS A NEGLECTED CHILD.                                 

      Sec. 2151.3523.  (A)  A PARENT DOES NOT COMMIT A CRIMINAL    219          

OFFENSE UNDER THE LAWS OF THIS STATE AND SHALL NOT BE SUBJECT TO                

CRIMINAL  PROSECUTION IN THIS STATE FOR THE ACT OF VOLUNTARILY     220          

                                                          6      


                                                                 
DELIVERING A CHILD UNDER SECTION 2151.3516 OF THE REVISED CODE.    221          

      (B)  A PERSON WHO DELIVERS OR ATTEMPTS TO DELIVER A CHILD    223          

WHO HAS SUFFERED ANY PHYSICAL OR MENTAL WOUND, INJURY,             224          

DISABILITY, OR CONDITION OF A NATURE THAT REASONABLY INDICATES     226          

ABUSE OR NEGLECT OF THE CHILD IS NOT IMMUNE FROM CIVIL OR          227          

CRIMINAL LIABILITY FOR ABUSE OR NEGLECT.                                        

      (C)  A PERSON OR GOVERNMENTAL ENTITY THAT TAKES POSSESSION   229          

OF A CHILD PURSUANT TO SECTION 2151.3516 OF THE REVISED CODE OR    230          

TAKES EMERGENCY TEMPORARY CUSTODY OF AND PROVIDES TEMPORARY        232          

EMERGENCY CARE FOR A CHILD PURSUANT TO SECTION 2151.3518 OF THE    233          

REVISED CODE IS IMMUNE FROM ANY CIVIL LIABILITY THAT MIGHT         234          

OTHERWISE BE INCURRED OR IMPOSED AS A RESULT OF THESE ACTIONS,     235          

UNLESS THE PERSON OR ENTITY HAS ACTED IN BAD FAITH OR WITH         236          

MALICIOUS PURPOSE.  THE IMMUNITY PROVIDED BY THIS DIVISION DOES    237          

NOT APPLY IF THE PERSON OR GOVERNMENTAL ENTITY HAS IMMUNITY FROM   238          

CIVIL LIABILITY UNDER SECTION 9.86, 2744.02, OR 2744.03 OF THE     239          

REVISED CODE FOR THE ACTION IN QUESTION.                           240          

      (D)  A PERSON OR GOVERNMENTAL ENTITY THAT TAKES POSSESSION   242          

OF A CHILD PURSUANT TO SECTION 2151.3516 OF THE REVISED CODE OR    243          

TAKES EMERGENCY TEMPORARY CUSTODY OF AND PROVIDES TEMPORARY        245          

EMERGENCY CARE FOR A CHILD PURSUANT TO SECTION 2151.3518 OF THE    246          

REVISED CODE IS IMMUNE FROM ANY CRIMINAL LIABILITY THAT MIGHT      247          

OTHERWISE BE INCURRED OR IMPOSED AS A RESULT OF THESE ACTIONS,     248          

UNLESS THE PERSON OR ENTITY HAS ACTED IN BAD FAITH OR WITH         249          

MALICIOUS PURPOSE.                                                              

      (E)  DIVISIONS (C) AND (D) OF THIS SECTION DO NOT CREATE A   252          

NEW CAUSE OF ACTION OR SUBSTANTIVE LEGAL RIGHT AGAINST A PERSON                 

OR GOVERNMENTAL ENTITY, AND DO NOT AFFECT ANY IMMUNITIES FROM      253          

CIVIL LIABILITY OR DEFENSES ESTABLISHED BY ANOTHER SECTION OF THE  254          

REVISED CODE OR AVAILABLE AT COMMON LAW, TO WHICH A PERSON OR      256          

GOVERNMENTAL ENTITY MAY BE ENTITLED UNDER CIRCUMSTANCES NOT                     

COVERED BY THIS SECTION.                                           257          

      Sec. 2151.3524.  (A)  A PARENT WHO VOLUNTARILY DELIVERS A    259          

CHILD UNDER SECTION 2151.3516 OF THE REVISED CODE HAS THE          260          

                                                          7      


                                                                 
ABSOLUTE RIGHT TO REMAIN ANONYMOUS.  THE ANONYMITY OF A PARENT     262          

WHO VOLUNTARILY DELIVERS A CHILD DOES NOT AFFECT ANY DUTY IMPOSED  263          

UNDER SECTIONS 2151.3516 OR 2151.3517 OF THE REVISED CODE.  A      264          

PARENT WHO VOLUNTARILY DELIVERS A CHILD MAY LEAVE THE PLACE AT     265          

WHICH THE PARENT DELIVERS THE CHILD AT ANY TIME AFTER THE                       

DELIVERY OF THE CHILD.                                             266          

      (B)  NOTWITHSTANDING DIVISION (A) OF THIS SECTION, A PARENT  269          

WHO DELIVERS OR ATTEMPTS TO DELIVER A CHILD WHO HAS SUFFERED ANY                

PHYSICAL OR MENTAL WOUND, INJURY, DISABILITY, OR CONDITION OF A    270          

NATURE THAT REASONABLY INDICATES ABUSE OR NEGLECT OF THE CHILD     271          

DOES NOT HAVE THE RIGHT TO REMAIN ANONYMOUS AND MAY BE SUBJECT TO  272          

ARREST PURSUANT TO CHAPTER 2935. OF THE REVISED CODE.              273          

      Sec. 2151.3525.  A PARENT WHO VOLUNTARILY DELIVERS A CHILD   275          

UNDER SECTION 2151.3516 OF THE REVISED CODE MAY COMPLETE ALL OR    276          

ANY PART OF THE MEDICAL INFORMATION FORMS THE PARENT RECEIVES      278          

UNDER DIVISION (A)(3) OF SECTION 2151.3517 OF THE REVISED CODE.    279          

THE PARENT MAY DELIVER THE FULLY OR PARTIALLY COMPLETED FORMS AT   280          

THE SAME TIME AS DELIVERING THE CHILD OR AT A LATER TIME.  THE     282          

PARENT IS NOT REQUIRED TO COMPLETE ALL OR ANY PART OF THE FORMS.   284          

      Sec. 2151.3526.  A PARENT WHO VOLUNTARILY DELIVERS A CHILD   286          

UNDER SECTION 2151.3516 OF THE REVISED CODE MAY REFUSE TO ACCEPT   287          

THE MATERIALS MADE AVAILABLE UNDER DIVISION (A)(4) OF SECTION      289          

2151.3517 OF THE REVISED CODE.                                     291          

      Sec. 2151.3527.  (A)  NO PERSON DESCRIBED IN SECTION         293          

2151.3516 OF THE REVISED CODE SHALL DO THE FOLLOWING WITH RESPECT  295          

TO A PARENT WHO VOLUNTARILY DELIVERS A CHILD UNDER THAT SECTION:                

      (1)  COERCE OR OTHERWISE TRY TO FORCE THE PARENT INTO        297          

REVEALING THE IDENTITY OF THE CHILD'S PARENTS;                     298          

      (2)  PURSUE OR FOLLOW THE PARENT AFTER THE PARENT LEAVES     300          

THE PLACE AT WHICH THE CHILD WAS DELIVERED;                        301          

      (3)  COERCE OR OTHERWISE TRY TO FORCE THE PARENT NOT TO      303          

DESERT THE CHILD;                                                  304          

      (4)  COERCE OR OTHERWISE TRY TO FORCE THE PARENT TO          306          

COMPLETE ALL OR ANY PART OF THE MEDICAL INFORMATION FORMS          307          

                                                          8      


                                                                 
RECEIVED UNDER DIVISION (A)(3) OF SECTION 2151.3517 OF THE         308          

REVISED CODE;                                                      309          

      (5)  COERCE OR OTHERWISE TRY TO FORCE THE PARENT TO ACCEPT   311          

THE MATERIALS MADE AVAILABLE UNDER DIVISION (A)(4) OF SECTION      312          

2151.3517 OF THE REVISED CODE.                                     314          

      (B)  DIVISIONS (A)(1) AND (2) OF THIS SECTION DO NOT APPLY   317          

TO A PERSON WHO DELIVERS OR ATTEMPTS TO DELIVER A CHILD WHO HAS    318          

SUFFERED ANY PHYSICAL OR MENTAL WOUND, INJURY, DISABILITY, OR      319          

CONDITION OF A NATURE THAT REASONABLY INDICATES ABUSE OR NEGLECT   320          

OF THE CHILD.                                                                   

      Sec. 2151.3528.  IF A CHILD IS ADJUDICATED A DESERTED CHILD  322          

AND A PERSON INDICATES TO THE COURT THAT THE PERSON IS THE PARENT  323          

OF THE CHILD AND THAT THE PERSON SEEKS TO BE REUNITED WITH THE     325          

CHILD, THE COURT THAT ADJUDICATED THE CHILD SHALL REQUIRE THE                   

PERSON, AT THE PERSON'S EXPENSE, TO SUBMIT TO A DNA TEST TO        326          

VERIFY THAT THE PERSON IS A PARENT OF THE CHILD.                   327          

      Sec. 2151.3529.  (A)  THE DIRECTOR OF JOB AND FAMILY         330          

SERVICES SHALL PROMULGATE FORMS DESIGNED TO GATHER PERTINENT                    

MEDICAL INFORMATION CONCERNING A DESERTED CHILD AND THE CHILD'S    331          

PARENTS.  THE FORMS SHALL CLEARLY AND UNAMBIGUOUSLY STATE ON EACH  332          

PAGE THAT THE INFORMATION REQUESTED IS TO FACILITATE MEDICAL CARE  333          

FOR THE CHILD, THAT THE FORMS MAY BE FULLY OR PARTIALLY COMPLETED  334          

OR LEFT BLANK, THAT COMPLETING THE FORMS OR PARTS OF THE FORMS IS  335          

COMPLETELY VOLUNTARY, AND THAT NO ADVERSE LEGAL CONSEQUENCE WILL   336          

RESULT FROM FAILURE TO COMPLETE ANY PART OF THE FORMS.             337          

      (B)  THE DIRECTOR SHALL PROMULGATE WRITTEN MATERIALS TO BE   339          

GIVEN TO THE PARENTS OF A CHILD DELIVERED PURSUANT TO SECTION      340          

2151.3516 OF THE REVISED CODE.  THE MATERIALS SHALL DESCRIBE       341          

SERVICES AVAILABLE TO ASSIST PARENTS AND NEWBORNS AND SHALL        342          

INCLUDE INFORMATION DIRECTLY RELEVANT TO SITUATIONS THAT MIGHT     343          

CAUSE PARENTS TO DESERT A CHILD AND INFORMATION ON THE PROCEDURES  344          

FOR A PERSON TO FOLLOW IN ORDER TO REUNITE WITH A CHILD THE        345          

PERSON DELIVERED UNDER SECTION 2151.3516 OF THE REVISED CODE,      346          

INCLUDING NOTICE THAT THE PERSON WILL BE REQUIRED TO SUBMIT TO A   347          

                                                          9      


                                                                 
DNA TEST, AT THAT PERSON'S EXPENSE, TO PROVE THAT THE PERSON IS    348          

THE PARENT OF THE CHILD.                                           349          

      Sec. 2151.3530.  THE DIRECTOR OF JOB AND FAMILY SERVICES     351          

SHALL DISTRIBUTE THE MEDICAL INFORMATION FORMS AND WRITTEN         352          

MATERIALS PROMULGATED UNDER SECTION 2151.3529 OF THE REVISED CODE  353          

TO ENTITIES PERMITTED TO RECEIVE A DESERTED CHILD, TO PUBLIC       355          

CHILDREN SERVICES AGENCIES, AND TO OTHER PUBLIC OR PRIVATE                      

AGENCIES THAT, IN THE DISCRETION OF THE DIRECTOR, ARE BEST ABLE    356          

TO DISSEMINATE THE FORMS AND MATERIALS TO THE PERSONS WHO ARE      357          

MOST IN NEED OF THE FORMS AND MATERIALS.                           358