REPRESENTATIVES Willamowski, Flowers, Core, Jolivette, Evans, Niehaus, Hollister, Hoops, DePiero, Womer Benjamin, Seitz, Jones

To amend sections 121.37, 2151.152, 2151.27, and

1

2151.354 of the Revised Code, effective January 1,

2

2002, to require counties to develop a service

3

coordination process to deal with children alleged

4

to be or at risk of becoming unruly children, to

5

provide an additional disposition for childred

6

adjudicated unruly, to require the Ohio Family and

7

Children First Cabinet Council to collect

8

information regarding resources serving these

9

children, and to expand the opportunities

10

juvenile courts have to obtain federal funds under

11

an agreement with the Ohio Department of Job and

12

Family Services.

13

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

Section 1.  That sections 121.37, 2151.152, 2151.27, and	14
2151.354 of the Revised Code be amended to read as follows:	15

Sec. 121.37.  (A)(1) There is hereby created the Ohio family	16
and children first cabinet council. The council shall be composed	17
of the superintendent of public instruction and the directors of	18
youth services, job and family services, mental health, health,	19
alcohol and drug addiction services, mental retardation and	20
developmental disabilities, and budget and management. The	21
chairperson of the council shall be the governor or the governor's	22
designee and shall establish procedures for the council's internal	23
control and management.	24

(2) The purpose of the cabinet council is to help families	25
seeking government services. This section shall not be	26
interpreted or applied to usurp the role of parents, but solely to	27
streamline and coordinate existing government services for	28
families seeking assistance for their children.	29

In seeking to fulfill its purpose, the council may do any of	30
the following:	31

(a) Advise and make recommendations to the governor and	32
general assembly regarding the provision of services to children;	33

(b) Advise and assess local governments on the coordination	34
of service delivery to children;	35

(c) Hold meetings at such times and places as may be	36
prescribed by the council's procedures and maintain records of the	37
meetings, except that records identifying individual children are	38
confidential and shall be disclosed only as provided by law;	39

(d) Develop programs and projects, including pilot projects,	40
to encourage coordinated efforts at the state and local level to	41
improve the state's social service delivery system;	42

(e) Enter into contracts with and administer grants to	43
county family and children first councils, as well as other county	44
or multicounty organizations to plan and coordinate service	45
delivery between state agencies and local service providers for	46
families and children;	47

(f) Enter into contracts with and apply for grants from	48
federal agencies or private organizations;	49

(g) Enter into interagency agreements to encourage	50
coordinated efforts at the state and local level to improve the	51
state's social service delivery system. The agreements may	52
include provisions regarding the receipt, transfer, and	53
expenditure of funds;	54

(h) Identify public and private funding sources for services	55
provided to alleged or adjudicated unruly children and children	56
who are at risk of being alleged or adjudicated unruly children,	57
including regulations governing access to and use of the services;	58

(i) Collect information provided by local communities	59
regarding successful programs for prevention, intervention, and	60
treatment of unruly behavior, including evaluations of the	61
programs;	62

(j) Identify and disseminate publications regarding alleged	63
or adjudicated unruly children and children who are at risk of	64
being alleged or adjudicated unruly children and regarding	65
programs serving those types of children;	66

(k) Maintain an inventory of strategic planning facilitators	67
for use by government or nonprofit entities that serve alleged or	68
adjudicated unruly children or children who are at risk of being	69
alleged or adjudicated unruly children.	70

(3) The cabinet council shall provide for the following:

71

(a) Reviews of service and treatment plans for children for	72
which such reviews are requested;	73

(b) Assistance as the council determines to be necessary to	74
meet the needs of children referred by county family and children	75
first councils;	76

(c) Monitoring and supervision of a statewide,	77
comprehensive, coordinated, multi-disciplinary, interagency system	78
for infants and toddlers with developmental disabilities or delays	79
and their families, as established pursuant to federal grants	80
received and administered by the department of health for early	81
intervention services under the "Education of the Handicapped Act	82
Amendments of 1986," 100 Stat. 1145 (1986), 20 U.S.C.A. 1471, as	83
amended.	84

(B)(1) Each board of county commissioners shall establish a	85
county family and children first council. The board may invite	86
any local public or private agency or group that funds, advocates,	87
or provides services to children and families to have a	88
representative become a permanent or temporary member of its	89
county council. Each county council must include the following	90
individuals:	91

(a) At least three individuals whose families are or have	92
received services from an agency represented on the council or	93
another county's council. Where possible, the number of members	94
representing families shall be equal to twenty per cent of the	95
council's membership.	96

(b) The director of the board of alcohol, drug addiction,	97
and mental health services that serves the county, or, in the case	98
of a county that has a board of alcohol and drug addiction	99
services and a community mental health board, the directors of	100
both boards. If a board of alcohol, drug addiction, and mental	101
health services covers more than one county, the director may	102
designate a person to participate on the county's council.	103

(c) The health commissioner, or the commissioner's designee,	104
of the board of health of each city and general health district in	105
the county. If the county has two or more health districts, the	106
health commissioner membership may be limited to the commissioners	107
of the two districts with the largest populations.	108

(d) The director of the county department of job and family	109
services;	110

(e) The executive director of the county agency responsible	111
for the administration of children services pursuant to section	112
5153.15 of the Revised Code;	113

(f) The superintendent of the county board of mental	114
retardation and developmental disabilities;	115

(g) The county's juvenile court judge senior in service or	116
another judge of the juvenile court designated by the	117
administrative judge or, where there is no administrative judge,	118
by the judge senior in service;	119

(h) The superintendent of the city, exempted village, or	120
local school district with the largest number of pupils residing	121
in the county, as determined by the department of education, which	122
shall notify each board of county commissioners of its	123
determination at least biennially;	124

(i) A school superintendent representing all other school	125
districts with territory in the county, as designated at a	126
biennial meeting of the superintendents of those districts;	127

(j) A representative of the municipal corporation with the	128
largest population in the county;	129

(k) The president of the board of county commissioners, or	130
an individual designated by the board;	131

(l) A representative of the regional office of the	132
department of youth services;	133

(m) A representative of the county's head start agencies, as	134
defined in section 3301.31 of the Revised Code;	135

(n) A representative of the county's early intervention	136
collaborative established pursuant to the federal early	137
intervention program operated under the "Education of the	138
Handicapped Act Amendments of 1986";	139

(o) A representative of a local nonprofit entity that funds,	140
advocates, or provides services to children and families.	141

Notwithstanding any other provision of law, the public	142
members of a county council are not prohibited from serving on the	143
council and making decisions regarding the duties of the council,	144
including those involving the funding of joint projects and those	145
outlined in the county's service coordination mechanism	146
implemented pursuant to division (C) of this section.	147

The cabinet council shall establish a state appeals process	148
to resolve disputes among the members of a county council	149
concerning whether reasonable responsibilities as members are	150
being shared. The appeals process may be accessed only by a	151
majority vote of the council members who are required to serve on	152
the council. Upon appeal, the cabinet council may order that	153
state funds for services to children and families be redirected to	154
a county's board of county commissioners.	155

(2) A county council shall provide for the following:

156

(a) Referrals to the cabinet council of those children for	157
whom the county council cannot provide adequate services;	158

(b) Development and implementation of a process that	159
annually evaluates and prioritizes services, fills service gaps	160
where possible, and invents new approaches to achieve better	161
results for families and children;	162

(c) Participation in the development of a countywide,	163
comprehensive, coordinated, multi-disciplinary, interagency system	164
for infants and toddlers with developmental disabilities or delays	165
and their families, as established pursuant to federal grants	166
received and administered by the department of health for early	167
intervention services under the "Education of the Handicapped Act	168
Amendments of 1986";	169

(d) Maintenance of an accountability system to monitor the	170
county council's progress in achieving results for families and	171
children;	172

(e) Establishment of a mechanism to ensure ongoing input	173
from a broad representation of families who are receiving services	174
within the county system.	175

(3)(a) Except as provided in division (B)(3)(b) of this	176
section, a county council shall comply with the policies,	177
procedures, and activities prescribed by the rules or interagency	178
agreements of a state department participating on the cabinet	179
council whenever the county council performs a function subject to	180
those rules or agreements.	181

(b) On application of a county council, the cabinet council	182
may grant an exemption from any rules or interagency agreements of	183
a state department participating on the council if an exemption is	184
necessary for the council to implement an alternative program or	185
approach for service delivery to families and children. The	186
application shall describe the proposed program or approach and	187
specify the rules or interagency agreements from which an	188
exemption is necessary. The cabinet council shall approve or	189
disapprove the application in accordance with standards and	190
procedures it shall adopt. If an application is approved, the	191
exemption is effective only while the program or approach is being	192
implemented, including a reasonable period during which the	193
program or approach is being evaluated for effectiveness.	194

(4)(a) Each county council shall designate an administrative	195
agent for the council from among the following public entities:	196
the board of alcohol, drug addiction, and mental health services,	197
including a board of alcohol and drug addiction or a community	198
mental health board if the county is served by separate boards;	199
the board of county commissioners; any board of health of the	200
county's city and general health districts; the county department	201
of job and family services; the county agency responsible for the	202
administration of children services pursuant to section 5153.15 of	203
the Revised Code; the county board of mental retardation and	204
developmental disabilities; any of the county's boards of	205
education or governing boards of educational service centers; or	206
the county's juvenile court. Any of the foregoing public	207
entities, other than the board of county commissioners, may	208
decline to serve as the council's administrative agent.	209

A county council's administrative agent shall serve as the	210
council's appointing authority for any employees of the council.	211
The council shall file an annual budget with its administrative	212
agent, with copies filed with the county auditor and with the	213
board of county commissioners, unless the board is serving as the	214
council's administrative agent. The council's administrative	215
agent shall ensure that all expenditures are handled in accordance	216
with policies, procedures, and activities prescribed by state	217
departments in rules or interagency agreements that are applicable	218
to the council's functions.	219

The administrative agent for a county council may do any of	220
the following on behalf of the council:	221

(i) Enter into agreements or administer contracts with	222
public or private entities to fulfill specific council business.	223
Such agreements and contracts are exempt from the competitive	224
bidding requirements of section 307.86 of the Revised Code if they	225
have been approved by the county council and they are for the	226
purchase of family and child welfare or child protection services	227
or other social or job and family services for families and	228
children. The approval of the county council is not required to	229
exempt agreements or contracts entered into under section 5139.34,	230
5139.41, or 5139.43 of the Revised Code from the competitive	231
bidding requirements of section 307.86 of the Revised Code.	232

(ii) As determined by the council, provide financial	233
stipends, reimbursements, or both, to family representatives for	234
expenses related to council activity;	235

(iii) Receive by gift, grant, devise, or bequest any moneys,	236
lands, or other property for the purposes for which the council is	237
established. The agent shall hold, apply, and dispose of the	238
moneys, lands, or other property according to the terms of the	239
gift, grant, devise, or bequest. Any interest or earnings shall	240
be treated in the same manner and are subject to the same terms as	241
the gift, grant, devise, or bequest from which it accrues.	242

(b)(i) If the county council designates the board of county	243
commissioners as its administrative agent, the board may, by	244
resolution, delegate any of its powers and duties as	245
administrative agent to an executive committee the board	246
establishes from the membership of the county council. The board	247
shall name to the executive committee at least the individuals	248
described in divisions (B)(1)(b) through (h) of this section and	249
may appoint the president of the board or another individual as	250
the chair of the executive committee.	251

(ii) The executive committee may, with the approval of the	252
board, hire an executive director to assist the county council in	253
administering its powers and duties. The executive director shall	254
serve in the unclassified civil service at the pleasure of the	255
executive committee. The executive director may, with the	256
approval of the executive committee, hire other employees as	257
necessary to properly conduct the county council's business.	258

(iii) The board may require the executive committee to	259
submit an annual budget to the board for approval and may amend or	260
repeal the resolution that delegated to the executive committee	261
its authority as the county council's administrative agent.	262

(5) Two or more county councils may enter into an agreement	263
to administer their county councils jointly by creating a regional	264
family and children first council. A regional council possesses	265
the same duties and authority possessed by a county council,	266
except that the duties and authority apply regionally rather than	267
to individual counties. Prior to entering into an agreement to	268
create a regional council, the members of each county council to	269
be part of the regional council shall meet to determine whether	270
all or part of the members of each county council will serve as	271
members of the regional council.	272

(6) A board of county commissioners may approve a resolution	273
by a majority vote of the board's members that requires the county	274
council to submit a statement to the board each time the council	275
proposes to enter into an agreement, adopt a plan, or make a	276
decision, other than a decision pursuant to section 121.38 of the	277
Revised Code, that requires the expenditure of funds for two or	278
more families. The statement shall describe the proposed	279
agreement, plan, or decision.	280

Not later than fifteen days after the board receives the	281
statement, it shall, by resolution approved by a majority of its	282
members, approve or disapprove the agreement, plan, or decision.	283
Failure of the board to pass a resolution during that time period	284
shall be considered approval of the agreement, plan, or decision.	285

An agreement, plan, or decision for which a statement is	286
required to be submitted to the board shall be implemented only if	287
it is approved by the board.	288

(C) Each county shall develop a county service coordination	289
mechanism. The mechanism shall be developed and approved with the	290
participation of the county entities representing child welfare;	291
mental retardation and developmental disabilities; alcohol, drug	292
addiction, and mental health services; health; juvenile judges;	293
education; the county family and children first council; and the	294
county early intervention collaborative established pursuant to	295
the federal early intervention program operated under the	296
"Education of the Handicapped Act Amendments of 1986." The county	297
shall establish an implementation schedule for the mechanism. The	298
cabinet council may monitor the implementation and administration	299
of each county's service coordination mechanism.	300

Each mechanism shall include all of the following:

301

(1) A procedure for assessing the needs of any child,	302
including a child who is an abused, neglected, dependent, unruly,	303
or delinquent child and under the jurisdiction of the juvenile	304
court or a child whose parent or custodian is voluntarily seeking	305
services;	306

(2) A procedure for assessing the service needs of the	307
family of any child, including a child who is an abused,	308
neglected, dependent, unruly, or delinquent child and under the	309
jurisdiction of the juvenile court or a child whose parent or	310
custodian is voluntarily seeking services;	311

(3) A procedure for development of a comprehensive joint	312
service plan designating service responsibilities among the	313
various state and local agencies that provide services to children	314
and their families, including children who are abused, neglected,	315
dependent, unruly, or delinquent children and under the	316
jurisdiction of the juvenile court and children whose parents or	317
custodians are voluntarily seeking servicesdescribed in division	318
(D) of this section;	319

(4) A local dispute resolution process to serve as the	320
process that must be used first to resolve disputes among the	321
agencies represented on the county council concerning the	322
provision of services to children, including children who are	323
abused, neglected, dependent, unruly, alleged unruly, or	324
delinquent children and under the jurisdiction of the juvenile	325
court,children who appear to be unruly children but are not under	326
the jurisdiction of the juvenile court as alleged or adjudicated	327
unruly children, and children whose parents or custodians are	328
voluntarily seeking services. The local dispute resolution	329
process shall comply with section 121.38 of the Revised Code. The	330
cabinet council shall adopt rules in accordance with Chapter 119.	331
of the Revised Code establishing an administrative review process	332
to address problems that arise concerning the operation of a local	333
dispute resolution process.	334

(D)Each county shall develop a comprehensive joint service	335
plan that does both of the following:	336

(1) Designates service responsibilities among the various	337
state and local agencies that provide services to children and	338
their families, including children who are abused, neglected,	339
dependent, unruly, or delinquent children and under the	340
jurisdiction of the juvenile court and children whose parents or	341
custodians are voluntarily seeking services;	342

(2) Includes a service coordination process for dealing with	343
a child who is either of the following that includes methods to	344
divert the child from the juvenile court system:	345

(a) A child alleged to be an unruly child in a complaint	346
filed pursuant to section 2151.27 of the Revised Code;	347

(b) A child who appears to be an unruly child as that term	348
is defined in section 2151.022 of the Revised Code but is not	349
under the jurisdiction of the juvenile court as an alleged or	350
adjudicated unruly child.	351

(E)(1) The service coordination process provided for under	352
division (D)(2) of this section may include, but is not limited	353
to, the following:	354

(a) An assessment of the needs and strengths of the child	355
and the child's family and the services the child and the child's	356
family need;	357

(b) Designation of the person or agency to conduct the	358
assessment of the child and the child's family as described in	359
division (E)(1)(a) of this section and designation of the	360
instrument or instruments to be used to conduct the assessment;	361

(c) Designation of the agency to provide case management	362
services to the child and to the child's family;	363

(d) An emphasis on the personal responsibilities of the	364
child and the parental responsibilities of the parents, guardian,	365
or custodian of the child;	366

(e) Involvement of local law enforcement agencies and	367
officials.	368

(2) The method to divert a child from the juvenile court	369
system that must be included in the service coordination process	370
may include, but is not limited to, the following:	371

(a) The preparation of a complaint under section 2151.27 of	372
the Revised Code alleging that the child is an unruly child and	373
notifying the child and the parents, guardian, or custodian that	374
the complaint has been prepared to encourage the child and the	375
parents, guardian, or custodian to comply with other methods to	376
divert the child from the juvenile court system;	377

(b) Conducting a meeting with the child, the parents,	378
guardian, or custodian, and other interested parties to determine	379
the appropriate methods to divert the child from the juvenile	380
court system;	381

(c) A method for dealing with short-term crisis situations	382
involving a confrontation between the child and the parents,	383
guardian, or custodian;	384

(d) A method to provide to the child and the child's family	385
a short-term respite from a short-term crisis situation involving	386
a confrontation between the child and the parents, guardian, or	387
custodian;	388

(e) A program to provide a mentor to the child or the	389
parents, guardian, or custodian;	390

(f) A program to provide parenting education to the parents,	391
guardian, or custodian;	392

(g) An alternative school program for children who are	393
truant from school, repeatedly disruptive in school, or suspended	394
or expelled from school;	395

(h) Other appropriate measures, including, but not limited	396
to, any alternative methods to divert a child from the juvenile	397
court system that are identified by the office of criminal justice	398
services.	399

(F) Each county may review and revise the service	400
coordination process described in division (D)(2) of this section	401
based on the availability of funds under Title IV-A of the "Social	402
Security Act," 110 Stat. 2113 (1996), 42 U.S.C.A. 601, as amended,	403
or to the extent resources are available from any other federal,	404
state, or local funds.	405

Sec. 2151.152.  The juvenile judge may enter into an	406
agreement with the department of job and family services pursuant	407
to section 5101.11 of the Revised Code for the purpose of	408
reimbursing the court for foster care maintenance costs and	409
associated administrative and training costs incurred on behalf of	410
a child in the temporary or permanent custody of the court and	411
eligible for payments under Title IV-E of the "Social Security	412
Act," 94 Stat. 501, 42 U.S.C.A. 670 (1980) and who is in the	413
temporary or permanent custody of the court or subject to a	414
disposition issued under division (A)(5) of section 2151.354,	415
division (A)(25) of section 2151.355 of the Revised Code prior to	416
January 1, 2002, or division (A)(6)(a)(ii) or (A)(7) of section	417
2152.19 of the Revised Code on and after January 1, 2002. The	418
agreement shall govern the responsibilities and duties the court	419
shall perform in providing services to the child.	420

Sec. 2151.27.  (A)(1) Subject to division (A)(2) of this	421
section, any person having knowledge of a child who appears to	422
have violated section 2151.87 of the Revised Code or to be a	423
juvenile traffic offender or to be an unruly, abused, neglected,	424
or dependent child may file a sworn complaint with respect to that	425
child in the juvenile court of the county in which the child has a	426
residence or legal settlement or in which the violation,	427
unruliness, abuse, neglect, or dependency allegedly occurred. If	428
an alleged abused, neglected, or dependent child is taken into	429
custody pursuant to division (D) of section 2151.31 of the Revised	430
Code or is taken into custody pursuant to division (A) of section	431
2151.31 of the Revised Code without the filing of a complaint and	432
placed into shelter care pursuant to division (C) of that section,	433
a sworn complaint shall be filed with respect to the child before	434
the end of the next day after the day on which the child was taken	435
into custody. The sworn complaint may be upon information and	436
belief, and, in addition to the allegation that the child	437
committed the violation or is an unruly, abused, neglected, or	438
dependent child, the complaint shall allege the particular facts	439
upon which the allegation that the child committed the violation	440
or is an unruly, abused, neglected, or dependent child is based.	441

(2) Any person having knowledge of a child who appears to be	442
an unruly child for being an habitual truant may file a sworn	443
complaint with respect to that child and the parent, guardian, or	444
other person having care of the child in the juvenile court of the	445
county in which the child has a residence or legal settlement or	446
in which the child is supposed to attend public school. The sworn	447
complaint may be upon information and belief and shall contain the	448
following allegations:	449

(a) That the child is an unruly child for being an habitual	450
truant and, in addition, the particular facts upon which that	451
allegation is based;	452

(b) That the parent, guardian, or other person having care	453
of the child has failed to cause the child's attendance at school	454
in violation of section 3321.38 of the Revised Code and, in	455
addition, the particular facts upon which that allegation is	456
based.	457

(B) If a child, before arriving at the age of eighteen	458
years, allegedly commits an act for which the child may be	459
adjudicated an unruly child and if the specific complaint alleging	460
the act is not filed or a hearing on that specific complaint is	461
not held until after the child arrives at the age of eighteen	462
years, the court has jurisdiction to hear and dispose of the	463
complaint as if the complaint were filed and the hearing held	464
before the child arrived at the age of eighteen years.	465

(C) If the complainant in a case in which a child is alleged	466
to be an abused, neglected, or dependent child desires permanent	467
custody of the child or children, temporary custody of the child	468
or children, whether as the preferred or an alternative	469
disposition, or the placement of the child in a planned permanent	470
living arrangement, the complaint shall contain a prayer	471
specifically requesting permanent custody, temporary custody, or	472
the placement of the child in a planned permanent living	473
arrangement.	474

(D) Any person with standing under applicable law may file a	475
complaint for the determination of any other matter over which the	476
juvenile court is given jurisdiction by section 2151.23 of the	477
Revised Code. The complaint shall be filed in the county in which	478
the child who is the subject of the complaint is found or was last	479
known to be found.	480

(E) A public children services agency, acting pursuant to a	481
complaint or an action on a complaint filed under this section, is	482
not subject to the requirements of section 3109.27 of the Revised	483
Code.	484

(F) Upon the filing of a complaint alleging that a child is	485
an unruly child, the court may hold the complaint in abeyance	486
pending the child's successful completion of actions that	487
constitute a method to divert the child from the juvenile court	488
system. The method may be adopted by a county pursuant to	489
divisions (D) and (E) of section 121.37 of the Revised Code or it	490
may be another method that the court considers satisfactory. If	491
the child completes the actions to the court's satisfaction, the	492
court may dismiss the complaint. If the child fails to complete	493
the actions to the court's satisfaction, the court may consider	494
the complaint.	495

Sec. 2151.354.  (A) If the child is adjudicated an unruly	496
child, the court may:	497

(1) Make any of the dispositions authorized under section	498
2151.353 of the Revised Code;	499

(2) Place the child on community control under any	500
sanctions, services, and conditions that the court prescribes, as	501
described in division (A)(3) of section 2152.19 of the Revised	502
Code;	503

(3) Suspend or revoke the driver's license, probationary	504
driver's license, or temporary instruction permit issued to the	505
child and suspend or revoke the registration of all motor vehicles	506
registered in the name of the child. A child whose license or	507
permit is so suspended or revoked is ineligible for issuance of a	508
license or permit during the period of suspension or revocation.	509
At the end of the period of suspension or revocation, the child	510
shall not be reissued a license or permit until the child has paid	511
any applicable reinstatement fee and complied with all	512
requirements governing license reinstatement.	513

(4) Commit the child to the temporary or permanent custody	514
of the court;	515

(5) Make any further disposition the court finds proper that	516
is consistent with sections 2151.312 and 2151.56 to 2151.61 of the	517
Revised Code;	518

(6) If, after making a disposition under division (A)(1),	519
(2), or (3) of this section, the court finds upon further hearing	520
that the child is not amenable to treatment or rehabilitation	521
under that disposition, make a disposition otherwise authorized	522
under divisions (A)(1), (3), (4), and (7) of section 2152.19 of	523
the Revised Code, except that the child may not be committed to or	524
placed in a secure correctional facility, and commitment to or	525
placement in a detention facility may not exceed twenty-four	526
hours unless authorized by division (B)(3) of sectionthat is	527
consistent with sections 2151.312 or sectionsand 2151.56 to	528
2151.61 of the Revised Code.	529

(B) If a child is adjudicated an unruly child for committing	530
any act that, if committed by an adult, would be a drug abuse	531
offense, as defined in section 2925.01 of the Revised Code, or a	532
violation of division (B) of section 2917.11 of the Revised Code,	533
then, in addition to imposing, in its discretion, any other order	534
of disposition authorized by this section, the court shall do both	535
of the following:	536

(1) Require the child to participate in a drug abuse or	537
alcohol abuse counseling program;	538

(2) Suspend or revoke the temporary instruction permit,	539
probationary driver's license, or driver's license issued to the	540
child for a period of time prescribed by the court or, at the	541
discretion of the court, until the child attends and	542
satisfactorily completes a drug abuse or alcohol abuse education,	543
intervention, or treatment program specified by the court. During	544
the time the child is attending the program, the court shall	545
retain any temporary instruction permit, probationary driver's	546
license, or driver's license issued to the child and shall return	547
the permit or license when the child satisfactorily completes the	548
program.	549

(C)(1) If a child is adjudicated an unruly child for being	550
an habitual truant, in addition to or in lieu of imposing any	551
other order of disposition authorized by this section, the court	552
may do any of the following:	553

(a) Order the board of education of the child's school	554
district or the governing board of the educational service center	555
in the child's school district to require the child to attend an	556
alternative school if an alternative school has been established	557
pursuant to section 3313.533 of the Revised Code in the school	558
district in which the child is entitled to attend school;	559

(b) Require the child to participate in any academic program	560
or community service program;	561

(c) Require the child to participate in a drug abuse or	562
alcohol abuse counseling program;	563

(d) Require that the child receive appropriate medical or	564
psychological treatment or counseling;	565

(e) Make any other order that the court finds proper to	566
address the child's habitual truancy, including an order requiring	567
the child to not be absent without legitimate excuse from the	568
public school the child is supposed to attend for five or more	569
consecutive days, seven or more school days in one school month,	570
or twelve or more school days in a school year and including an	571
order requiring the child to participate in a truancy prevention	572
mediation program.	573

(2) If a child is adjudicated an unruly child for being an	574
habitual truant and the court determines that the parent,	575
guardian, or other person having care of the child has failed to	576
cause the child's attendance at school in violation of section	577
3321.38 of the Revised Code, in addition to any order of	578
disposition authorized by this section, all of the following	579
apply:	580

(a) The court may require the parent, guardian, or other	581
person having care of the child to participate in any community	582
service program, preferably a community service program that	583
requires the involvement of the parent, guardian, or other person	584
having care of the child in the school attended by the child.	585

(b) The court may require the parent, guardian, or other	586
person having care of the child to participate in a truancy	587
prevention mediation program.	588

(c) The court shall warn the parent, guardian, or other	589
person having care of the child that any subsequent adjudication	590
of the child as an unruly or delinquent child for being an	591
habitual or chronic truant may result in a criminal charge against	592
the parent, guardian, or other person having care of the child for	593
a violation of division (C) of section 2919.21 or section 2919.24	594
of the Revised Code.	595

Section 2. That existing sections 121.37, 2151.152,	596
2151.27, and 2151.354 of the Revised Code are hereby repealed.	597

Section 3. Sections 1 and 2 of this act shall take effect	598
January 1, 2002.	599

Section 4. Section 2151.27 of the Revised Code is presented	600
in this act as a composite of the section as amended by both Am.	601
Sub. S.B. 179 and Sub. S.B. 218 of the 123rd General Assembly. The	602
General Assembly, applying the principle stated in division (B) of	603
section 1.52 of the Revised Code that amendments are to be	604
harmonized if reasonably capable of simultaneous operation, finds	605
that the composite is the resulting version of the section in	606
effect on January 1, 2002.	607