REPRESENTATIVES Raga, Husted, White, Grendell, Seitz, Metzger, Otterman, Patton, Lendrum, G. Smith, Schneider, Jolivette, Kearns, D. Miller, Schuring, Kilbane, Williams, McGregor, Mason, Cirelli, Beatty

To amend sections 5103.03 and 5103.99 of the Revised

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Code to grant the Director of Job and Family

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Services authority to seek injunctive relief to

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enjoin the operation of a facility that cares for

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children without a certificate and to increase the

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penalty for violations.

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

Section 1. That sections 5103.03 and 5103.99 of the Revised	7
Code be amended to read as follows:	8

Sec. 5103.03. (A) The director of job and family services	9
shall adopt rules as necessary for the adequate and competent	10
management of institutions or associations.	11

Except(B)(1) Except for facilities under the control of	12
the department of youth services, places of detention for children	13
established and maintained pursuant to sections 2151.34 to	14
2151.3415 of the Revised Code, and child day-care centers subject	15
to Chapter 5104. of the Revised Code, the department of job and	16
family services every two years shall pass upon the fitness of	17
every institution and association that receives, or desires to	18
receive and care for children, or places children in private	19
homes.	20

(2) When the department of job and family services is	21
satisfied as to the care given such children, and that the	22
requirements of the statutes and rules covering the management of	23
such institutions and associations are being complied with, it	24
shall issue to the institution or association a certificate to	25
that effect. A certificate is valid for two years, unless sooner	26
revoked by the department. When determining whether an	27
institution or association meets a particular requirement for	28
certification, the department may consider the institution or	29
association to have met the requirement if the institution or	30
association shows to the department's satisfaction that it has met	31
a comparable requirement to be accredited by a nationally	32
recognized accreditation organization.	33

(3) The department may issue a temporary certificate valid	34
for less than one year authorizing an institution or association	35
to operate until minimum requirements have been met.	36

(C) The department may revoke a certificate if it finds that	37
the institution or association is in violation of law or rule. No	38
juvenile court shall commit a child to an association or	39
institution that is required to be certified under this section if	40
its certificate has been revoked or, if after revocation, the date	41
of reissue is less than fifteen months prior to the proposed	42
commitment.	43

(D) Every two years, on a date specified by the department,	44
each institution or association desiring certification or	45
recertification shall submit to the department a report showing	46
its condition, management, competency to care adequately for the	47
children who have been or may be committed to it or to whom it	48
provides care or services, the system of visitation it employs for	49
children placed in private homes, and other information the	50
department requires.	51

(E) The department shall, not less than once each year, send	52
a list of certified institutions and associations to each juvenile	53
court and certified association or institution.	54

(F) No person shall receive children or receive or solicit	55
money on behalf of such an institution or association not so	56
certified or whose certificate has been revoked.	57

(G) The director may delegate by rule any duties imposed on	58
it by this section to inspect and approve family foster homes and	59
specialized foster homes to public children services agencies,	60
private child placing agencies, or private noncustodial agencies.	61

(H) If the director of job and family services determines	62
that an institution or association is operating a facility that	63
cares for children without a certificate, the director may	64
petition the court of common pleas in the county in which the	65
facility is located for an order enjoining the operation of that	66
facility. The court shall grant injunctive relief upon a showing	67
that the institution or association is operating a facility	68
without a certificate.	69

Sec. 5103.99.  (A) Whoever violates section 5103.03 of the	70
Revised Code shall be fined not less than five hundred nor more	71
than five hundredone thousand dollars.	72

(B) Whoever violates section 5103.15, 5103.16, or 5103.17 of	73
the Revised Code shall be fined not less than five hundred nor	74
more than one thousand dollars or imprisoned not more than six	75
months, or both.	76

Section 2. That existing sections 5103.03 and 5103.99 of the	77
Revised Code are hereby repealed.	78