SENATORS Amstutz, Jacobson, Spada, Carnes, Robert Gardner, Prentiss, Hagan, Mallory, Armbruster, DiDonato, Harris, Mead, Espy

To amend sections 5153.16 and 6301.07 and to enact

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sections 2151.81 to 2151.84 and 5111.0111 of the

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Revised Code regarding the provision of independent

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living services, Medicaid, and work force

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development services and activities for certain

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children and young adults so they may become

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independent adults.

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

Section 1. That sections 5153.16 and 6301.07 be amended and	8
sections 2151.81, 2151.82, 2151.83, 2151.84, and 5111.0111 of the	9
Revised Code be enacted to read as follows:	10

Sec. 2151.81. As used in sections 2151.82 to 2151.84 of the	11
Revised Code:	12

(A) "Independent living services" means services and other	13
forms of support designed to aid children and young adults to	14
successfully make the transition to independent adult living and	15
to achieve emotional and economic self-sufficiency. "Independent	16
living services" may include the following:	17

(1) Providing housing;

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(2) Teaching decision-making skills;

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(3) Teaching daily living skills such as securing and	20
maintaining a residence, money management, utilization of	21
community services and systems, personal health care, hygiene and	22
safety, and time management;	23

(4) Assisting in obtaining education, training, and	24
employment skills;	25

(5) Assisting in developing positive adult relationships and	26
community supports.	27

(B) "Young adult" means a person eighteen years of age or	28
older but under twenty-one years of age who was in the temporary	29
or permanent custody of, or was provided care in a planned	30
permanent living arrangement by, a public children services agency	31
or private child placing agency on the date the person attained	32
age eighteen.	33

Sec. 2151.82. A public children services agency or private	34
child placing agency, that has temporary or permanent custody of,	35
or is providing care in a planned permanent living arrangement to,	36
a child who is sixteen or seventeen years of age, shall provide	37
independent living services to the child. The services to be	38
provided shall be determined based on an evaluation of the	39
strengths and weaknesses of the child, completed or obtained by	40
the agency. If housing is provided as part of the services, the	41
child shall be placed in housing that is supervised or	42
semi-supervised by an adult.	43

The services shall be included as part of the case plan	44
established for the child pursuant to section 2151.412 of the	45
Revised Code.	46

Sec.  2151.83. (A) A public children services agency or	47
private child placing agency, on the request of a young adult,	48
shall enter into a jointly prepared written agreement with the	49
young adult that obligates the agency to ensure that independent	50
living services are provided to the young adult and sets forth the	51
responsibilities of the young adult regarding the services. The	52
agreement shall be developed based on the young adult's strengths,	53
needs, and circumstances and the availability of funds provided	54
pursuant to section 2151.84 of the Revised Code. The agreement	55
shall be designed to promote the young adult's successful	56
transition to independent adult living and emotional and economic	57
self-sufficiency.	58

(B) If the young adult appears to be eligible for services	59
from one or more of the following entities, the agency must	60
contact the appropriate entity to determine eligibility:	61

(1) An entity, other than the agency, that is represented on	62
a county family and children first council established pursuant to	63
section 121.37 of the Revised Code. If the entity is a board of	64
alcohol, drug addiction, and mental health services, an alcohol	65
and drug addiction services board, or a community mental health	66
board, the agency shall contact the provider of alcohol, drug	67
addiction, or mental health services that has been designated by	68
the board to determine the young adult's eligibility for services.	69

(2) The rehabilitation services commission;

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(3) A metropolitan housing authority established pursuant to	71
section 3735.27 of the Revised Code.	72

If an entity described in this division determines that the	73
young adult qualifies for services from the entity, that entity,	74
the young adult, and the agency to which the young adult made the	75
request for independent living services shall enter into a written	76
addendum to the jointly prepared agreement entered into under	77
division (A) of this section. The addendum shall indicate how	78
services under the agreement and addendum are to be coordinated	79
and allocate the service responsibilities among the entities and	80
agency that signed the addendum.	81

Sec. 2151.84. The department of job and family services	82
shall establish model agreements that may be used by public	83
children services agencies and private child placing agencies	84
required to provide services under an agreement with a young adult	85
pursuant to section 2151.83 of the Revised Code. The model	86
agreements shall include provisions describing the specific	87
independent living services to be provided to the extent funds are	88
provided pursuant to this section, the duration of the services	89
and the agreement, the duties and responsibilities of each party	90
under the agreement, and grievance procedures regarding disputes	91
that arise regarding the agreement or services provided under it.	92

To facilitate the provision of independent living services,	93
the department shall provide funds to meet the requirement of	94
state matching funds needed to qualify for federal funds under the	95
"Foster Care Independence Act of 1999," 113 Stat. 1822 (1999), 42	96
U.S.C. 677, as amended. The department shall seek controlling	97
board approval of any fund transfers necessary to meet this	98
requirement.	99

Sec. 5111.0111. The director of job and family services may	100
submit to the United States secretary of health and human services	101
an amendment to the state medicaid plan to make an individual	102
receiving independent living services pursuant to sections 2151.81	103
to 2151.84 of the Revised Code eligible for medicaid. If approved	104
by the United States secretary of health and human services, the	105
director of job and family services shall implement the medicaid	106
plan amendment submitted under this section.	107

Sec. 5153.16.  (A) Except as provided in section 2151.422 of	108
the Revised Code, in accordance with rules of the department of	109
job and family services, and on behalf of children in the county	110
whom the public children services agency considers to be in need	111
of public care or protective services, the public children	112
services agency shall do all of the following:	113

(1) Make an investigation concerning any child alleged to be	114
an abused, neglected, or dependent child;	115

(2) Enter into agreements with the parent, guardian, or	116
other person having legal custody of any child, or with the	117
department of job and family services, department of mental	118
health, department of mental retardation and developmental	119
disabilities, other department, any certified organization within	120
or outside the county, or any agency or institution outside the	121
state, having legal custody of any child, with respect to the	122
custody, care, or placement of any child, or with respect to any	123
matter, in the interests of the child, provided the permanent	124
custody of a child shall not be transferred by a parent to the	125
public children services agency without the consent of the	126
juvenile court;	127

(3) Accept custody of children committed to the public	128
children services agency by a court exercising juvenile	129
jurisdiction;	130

(4) Provide such care as the public children services agency	131
considers to be in the best interests of any child adjudicated to	132
be an abused, neglected, or dependent child the agency finds to be	133
in need of public care or service;	134

(5) Provide social services to any unmarried girl	135
adjudicated to be an abused, neglected, or dependent child who is	136
pregnant with or has been delivered of a child;	137

(6) Make available to the bureau for children with medical	138
handicaps of the department of health at its request any	139
information concerning a crippled child found to be in need of	140
treatment under sections 3701.021 to 3701.028 of the Revised Code	141
who is receiving services from the public children services	142
agency;	143

(7) Provide temporary emergency care for any child	144
considered by the public children services agency to be in need of	145
such care, without agreement or commitment;	146

(8) Find certified foster homes, within or outside the	147
county, for the care of children, including handicapped children	148
from other counties attending special schools in the county;	149

(9) Subject to the approval of the board of county	150
commissioners and the state department of job and family services,	151
establish and operate a training school or enter into an agreement	152
with any municipal corporation or other political subdivision of	153
the county respecting the operation, acquisition, or maintenance	154
of any children's home, training school, or other institution for	155
the care of children maintained by such municipal corporation or	156
political subdivision;	157

(10) Acquire and operate a county children's home,	158
establish, maintain, and operate a receiving home for the	159
temporary care of children, or procure certified foster homes for	160
this purpose;	161

(11) Enter into an agreement with the trustees of any	162
district children's home, respecting the operation of the district	163
children's home in cooperation with the other county boards in the	164
district;	165

(12) Cooperate with, make its services available to, and act	166
as the agent of persons, courts, the department of job and family	167
services, the department of health, and other organizations within	168
and outside the state, in matters relating to the welfare of	169
children, except that the public children services agency shall	170
not be required to provide supervision of or other services	171
related to the exercise of parenting time rights granted pursuant	172
to section 3109.051 or 3109.12 of the Revised Code or	173
companionship or visitation rights granted pursuant to section	174
3109.051, 3109.11, or 3109.12 of the Revised Code unless a	175
juvenile court, pursuant to Chapter 2151. of the Revised Code, or	176
a common pleas court, pursuant to division (E)(6) of section	177
3113.31 of the Revised Code, requires the provision of supervision	178
or other services related to the exercise of the parenting time	179
rights or companionship or visitation rights;	180

(13) Make investigations at the request of any	181
superintendent of schools in the county or the principal of any	182
school concerning the application of any child adjudicated to be	183
an abused, neglected, or dependent child for release from school,	184
where such service is not provided through a school attendance	185
department;	186

(14) Administer funds provided under Title IV-E of the	187
"Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as	188
amended, in accordance with rules adopted under section 5101.141	189
of the Revised Code;	190

(15) In addition to administering Title IV-E adoption	191
assistance funds, enter into agreements to make adoption	192
assistance payments under section 5153.163 of the Revised Code;	193

(16) Implement a system of risk assessment, in accordance	194
with rules adopted by the director of job and family services, to	195
assist the public children services agency in determining the risk	196
of abuse or neglect to a child;	197

(17) Enter into a plan of cooperation with the board of	198
county commissioners under section 307.983 of the Revised Code and	199
comply with the partnership agreement the board enters into under	200
section 307.98 of the Revised Code and contracts the board enters	201
into under sections 307.981 and 307.982 of the Revised Code that	202
affect the public children services agency;	203

(18) Make reasonable efforts to prevent the removal of an	204
alleged or adjudicated abused, neglected, or dependent child from	205
the child's home, eliminate the continued removal of the child	206
from the child's home, or make it possible for the child to return	207
home safely, except that reasonable efforts of that nature are not	208
required when a court has made a determination under division	209
(A)(2) of section 2151.419 of the Revised Code;	210

(19) Make reasonable efforts to place the child in a timely	211
manner in accordance with the permanency plan approved under	212
division (E) of section 2151.417 of the Revised Code and to	213
complete whatever steps are necessary to finalize the permanent	214
placement of the child;	215

(20) Administer a Title IV-A program identified under	216
division (A)(3)(c) or (d) of section 5101.80 of the Revised Code	217
that the department of job and family services provides for the	218
public children services agency to administer under the	219
department's supervision pursuant to section 5101.801 of the	220
Revised Code;	221

(21) Provide independent living services pursuant to sections	222
2151.81 to 2151.84 of the Revised Code.	223

(B) The public children services agency shall use the system	224
implemented pursuant to division (B)(16) of this section in	225
connection with an investigation undertaken pursuant to division	226
(F)(1) of section 2151.421 of the Revised Code and may use the	227
system at any other time the agency is involved with any child	228
when the agency determines that risk assessment is necessary.	229

(C) Except as provided in section 2151.422 of the Revised	230
Code, in accordance with rules of the director of job and family	231
services, and on behalf of children in the county whom the public	232
children services agency considers to be in need of public care or	233
protective services, the public children services agency may do	234
the following:	235

(1) Provide or find, with other child serving systems,	236
specialized foster care for the care of children in a specialized	237
foster home, as defined in section 5103.02 of the Revised Code,	238
certified under section 5103.03 of the Revised Code;	239

(2)(a) Except as limited by divisions (C)(2)(b) and (c) of	240
this section, contract with the following for the purpose of	241
assisting the agency with its duties:	242

(i) County departments of job and family services;

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(ii) Boards of alcohol, drug addiction, and mental health	244
services;	245

(iii) County boards of mental retardation and developmental	246
disabilities;	247

(iv) Regional councils of political subdivisions established	248
under Chapter 167. of the Revised Code;	249

(v) Private and government providers of services;

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(vi) Managed care organizations and prepaid health plans.

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(b) A public children services agency contract under	252
division (C)(2)(a) of this section regarding the agency's duties	253
under section 2151.421 of the Revised Code may not provide for the	254
entity under contract with the agency to perform any service not	255
authorized by the department's rules.	256

(c) Only a county children services board appointed under	257
section 5153.03 of the Revised Code that is a public children	258
services agency may contract under division (C)(2)(a) of this	259
section. If an entity specified in division (B) or (C) of section	260
5153.02 of the Revised Code is the public children services agency	261
for a county, the board of county commissioners may enter into	262
contracts pursuant to section 307.982 of the Revised Code	263
regarding the agency's duties.	264

Sec. 6301.07.  (A) Every workforce policy board, with the	265
agreement of the chief elected officials of the local area, and	266
after holding public hearings that allow public comment and	267
testimony, shall prepare a workforce development plan and	268
incorporate that plan into and attach that plan to the partnership	269
agreement required under section 6301.05 of the Revised Code. The	270
plan shall accomplish all of the following:	271

(1) Identify the workforce investment needs of businesses in	272
the local area, identify projected employment opportunities, and	273
identify the job skills necessary to obtain those opportunities;	274

(2) Identify the local area's workforce development needs	275
for youth, dislocated workers, adults, displaced homemakers,	276
incumbent workers, and any other group of workers identified by	277
the workforce policy board;	278

(3) Determine the distribution of workforce development	279
resources and funding to be distributed for each workforce	280
development activity to meet the identified needs, utilizing the	281
funds allocated pursuant to the "Workforce Investment Act of	282
1998," 112 Stat. 936, 29 U.S.C.A. 2801, as amended;	283

(4) Give priority to youth receiving independent living	284
services pursuant to sections 2151.81 to 2151.84 of the Revised	285
Code when determining distribution of workforce development	286
resources and workforce development activity funding;	287

(5) Review the minimum curriculum required by the state	288
workforce policy board for certifying training providers and	289
identify any additional curriculum requirements to include in	290
contracts between the training providers and the chief elected	291
officials of the local area;	292

(5)(6) Establish performance standards for service providers	293
that reflect local workforce development needs;	294

(6)(7) Describe any other information the chief elected	295
officials of the local area require.	296

(B) A workforce policy board may provide policy guidance and	297
recommendations to the chief elected officials of a local area for	298
any workforce development activities.	299

(C) Nothing in this section prohibits the chief elected	300
officials of a local area from assigning, through a partnership	301
agreement, any duties in addition to the duties under this section	302
to a workforce policy board, except that a workforce policy board	303
cannot contract with itself for the direct provision of services	304
in its local area. A workforce policy board may consult with the	305
chief elected officials of its local area and make recommendations	306
regarding the workforce development activities provided in its	307
local area at any time.	308

Section 2.  That existing sections 5153.16 and 6301.07 of	309
the Revised Code are hereby repealed.	310