REPRESENTATIVES Willamowski, Flowers, Core, Jolivette, Evans, Niehaus, Hollister, Hoops, DePiero, Womer Benjamin, Seitz, Jones, Gilb, Hagan, Sulzer, Metzger, Calvert, Cirelli, D. Miller, Hartnett, Barrett, Distel, Otterman, Allen, Latta, Webster, Salerno, Clancy, Reidelbach, Britton, Carmichael, R. Miller, White, Barnes, Key, Woodard, Beatty, Coates

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 children

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 juvenile

10

courts have to obtain federal funds under an

11

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 and children whose parents or custodians are voluntarily	326
seeking services. The local dispute resolution process shall	327
comply with section 121.38 of the Revised Code. The cabinet	328
council shall adopt rules in accordance with Chapter 119. of the	329
Revised Code establishing an administrative review process to	330
address problems that arise concerning the operation of a local	331
dispute resolution process.	332

(D)Each county shall develop a comprehensive joint service	333
plan that does both of the following:	334

(1) Designates service responsibilities among the various	335
state and local agencies that provide services to children and	336
their families, including children who are abused, neglected,	337
dependent, unruly, or delinquent children and under the	338
jurisdiction of the juvenile court and children whose parents or	339
custodians are voluntarily seeking services;	340

(2) Includes a service coordination process for dealing with	341
a child who is alleged to be an unruly child. The service	342
coordination process shall include methods to divert the child	343
from the juvenile court system.	344

(E)(1) The service coordination process provided for under	345
division (D)(2) of this section may include, but is not limited	346
to, the following:	347

(a) An assessment of the needs and strengths of the child	348
and the child's family and the services the child and the child's	349
family need;	350

(b) Designation of the person or agency to conduct the	351
assessment of the child and the child's family as described in	352
division (E)(1)(a) of this section and designation of the	353
instrument or instruments to be used to conduct the assessment;	354

(c) Designation of the agency to provide case management	355
services to the child and to the child's family;	356

(d) An emphasis on the personal responsibilities of the	357
child and the parental responsibilities of the parents, guardian,	358
or custodian of the child;	359

(e) Involvement of local law enforcement agencies and	360
officials.	361

(2) The method to divert a child from the juvenile court	362
system that must be included in the service coordination process	363
may include, but is not limited to, the following:	364

(a) The preparation of a complaint under section 2151.27 of	365
the Revised Code alleging that the child is an unruly child and	366
notifying the child and the parents, guardian, or custodian that	367
the complaint has been prepared to encourage the child and the	368
parents, guardian, or custodian to comply with other methods to	369
divert the child from the juvenile court system;	370

(b) Conducting a meeting with the child, the parents,	371
guardian, or custodian, and other interested parties to determine	372
the appropriate methods to divert the child from the juvenile	373
court system;	374

(c) A method for dealing with short-term crisis situations	375
involving a confrontation between the child and the parents,	376
guardian, or custodian;	377

(d) A method to provide to the child and the child's family	378
a short-term respite from a short-term crisis situation involving	379
a confrontation between the child and the parents, guardian, or	380
custodian;	381

(e) A program to provide a mentor to the child or the	382
parents, guardian, or custodian;	383

(f) A program to provide parenting education to the parents,	384
guardian, or custodian;	385

(g) An alternative school program for children who are	386
truant from school, repeatedly disruptive in school, or suspended	387
or expelled from school;	388

(h) Other appropriate measures, including, but not limited	389
to, any alternative methods to divert a child from the juvenile	390
court system that are identified by the Ohio family and children	391
first cabinet council.	392

(F) Each county may review and revise the service	393
coordination process described in division (D)(2) of this section	394
based on the availability of funds under Title IV-A of the "Social	395
Security Act," 110 Stat. 2113 (1996), 42 U.S.C.A. 601, as amended,	396
or to the extent resources are available from any other federal,	397
state, or local funds.	398

Sec. 2151.152.  The juvenile judge may enter into an	399
agreement with the department of job and family services pursuant	400
to section 5101.11 of the Revised Code for the purpose of	401
reimbursing the court for foster care maintenance costs and	402
associated administrative and training costs incurred on behalf of	403
a child in the temporary or permanent custody of the court and	404
eligible for payments under Title IV-E of the "Social Security	405
Act," 94 Stat. 501, 42 U.S.C.A. 670 (1980) and who is in the	406
temporary or permanent custody of the court or subject to a	407
disposition issued under division (A)(5) of section 2151.354 or	408
division (A)(6)(a)(ii) or (A)(7) of section 2152.19 of the Revised	409
Code. The agreement shall govern the responsibilities and duties	410
the court shall perform in providing services to the child.	411

Sec. 2151.27.  (A)(1) Subject to division (A)(2) of this	412
section, any person having knowledge of a child who appears to	413
have violated section 2151.87 of the Revised Code or to be a	414
juvenile traffic offender or to be an unruly, abused, neglected,	415
or dependent child may file a sworn complaint with respect to that	416
child in the juvenile court of the county in which the child has a	417
residence or legal settlement or in which the violation,	418
unruliness, abuse, neglect, or dependency allegedly occurred. If	419
an alleged abused, neglected, or dependent child is taken into	420
custody pursuant to division (D) of section 2151.31 of the Revised	421
Code or is taken into custody pursuant to division (A) of section	422
2151.31 of the Revised Code without the filing of a complaint and	423
placed into shelter care pursuant to division (C) of that section,	424
a sworn complaint shall be filed with respect to the child before	425
the end of the next day after the day on which the child was taken	426
into custody. The sworn complaint may be upon information and	427
belief, and, in addition to the allegation that the child	428
committed the violation or is an unruly, abused, neglected, or	429
dependent child, the complaint shall allege the particular facts	430
upon which the allegation that the child committed the violation	431
or is an unruly, abused, neglected, or dependent child is based.	432

(2) Any person having knowledge of a child who appears to be	433
an unruly child for being an habitual truant may file a sworn	434
complaint with respect to that child and the parent, guardian, or	435
other person having care of the child in the juvenile court of the	436
county in which the child has a residence or legal settlement or	437
in which the child is supposed to attend public school. The sworn	438
complaint may be upon information and belief and shall contain the	439
following allegations:	440

(a) That the child is an unruly child for being an habitual	441
truant and, in addition, the particular facts upon which that	442
allegation is based;	443

(b) That the parent, guardian, or other person having care	444
of the child has failed to cause the child's attendance at school	445
in violation of section 3321.38 of the Revised Code and, in	446
addition, the particular facts upon which that allegation is	447
based.	448

(B) If a child, before arriving at the age of eighteen	449
years, allegedly commits an act for which the child may be	450
adjudicated an unruly child and if the specific complaint alleging	451
the act is not filed or a hearing on that specific complaint is	452
not held until after the child arrives at the age of eighteen	453
years, the court has jurisdiction to hear and dispose of the	454
complaint as if the complaint were filed and the hearing held	455
before the child arrived at the age of eighteen years.	456

(C) If the complainant in a case in which a child is alleged	457
to be an abused, neglected, or dependent child desires permanent	458
custody of the child or children, temporary custody of the child	459
or children, whether as the preferred or an alternative	460
disposition, or the placement of the child in a planned permanent	461
living arrangement, the complaint shall contain a prayer	462
specifically requesting permanent custody, temporary custody, or	463
the placement of the child in a planned permanent living	464
arrangement.	465

(D) Any person with standing under applicable law may file a	466
complaint for the determination of any other matter over which the	467
juvenile court is given jurisdiction by section 2151.23 of the	468
Revised Code. The complaint shall be filed in the county in which	469
the child who is the subject of the complaint is found or was last	470
known to be found.	471

(E) A public children services agency, acting pursuant to a	472
complaint or an action on a complaint filed under this section, is	473
not subject to the requirements of section 3109.27 of the Revised	474
Code.	475

(F) Upon the filing of a complaint alleging that a child is	476
an unruly child, the court may hold the complaint in abeyance	477
pending the child's successful completion of actions that	478
constitute a method to divert the child from the juvenile court	479
system. The method may be adopted by a county pursuant to	480
divisions (D) and (E) of section 121.37 of the Revised Code or it	481
may be another method that the court considers satisfactory. If	482
the child completes the actions to the court's satisfaction, the	483
court may dismiss the complaint. If the child fails to complete	484
the actions to the court's satisfaction, the court may consider	485
the complaint.	486

Sec. 2151.354.  (A) If the child is adjudicated an unruly	487
child, the court may:	488

(1) Make any of the dispositions authorized under section	489
2151.353 of the Revised Code;	490

(2) Place the child on community control under any	491
sanctions, services, and conditions that the court prescribes, as	492
described in division (A)(3) of section 2152.19 of the Revised	493
Code;	494

(3) Suspend or revoke the driver's license, probationary	495
driver's license, or temporary instruction permit issued to the	496
child and suspend or revoke the registration of all motor vehicles	497
registered in the name of the child. A child whose license or	498
permit is so suspended or revoked is ineligible for issuance of a	499
license or permit during the period of suspension or revocation.	500
At the end of the period of suspension or revocation, the child	501
shall not be reissued a license or permit until the child has paid	502
any applicable reinstatement fee and complied with all	503
requirements governing license reinstatement.	504

(4) Commit the child to the temporary or permanent custody	505
of the court;	506

(5) Make any further disposition the court finds proper that	507
is consistent with sections 2151.312 and 2151.56 to 2151.61 of the	508
Revised Code;	509

(6) If, after making a disposition under division (A)(1),	510
(2), or (3) of this section, the court finds upon further hearing	511
that the child is not amenable to treatment or rehabilitation	512
under that disposition, make a disposition otherwise authorized	513
under divisions (A)(1), (3), (4), and (7) of section 2152.19 of	514
the Revised Code, except that the child may not be committed to or	515
placed in a secure correctional facility, and commitment to or	516
placement in a detention facility may not exceed twenty-four	517
hours unless authorized by division (B)(3) of sectionthat is	518
consistent with sections 2151.312 or sectionsand 2151.56 to	519
2151.61 of the Revised Code.	520

(B) If a child is adjudicated an unruly child for committing	521
any act that, if committed by an adult, would be a drug abuse	522
offense, as defined in section 2925.01 of the Revised Code, or a	523
violation of division (B) of section 2917.11 of the Revised Code,	524
then, in addition to imposing, in its discretion, any other order	525
of disposition authorized by this section, the court shall do both	526
of the following:	527

(1) Require the child to participate in a drug abuse or	528
alcohol abuse counseling program;	529

(2) Suspend or revoke the temporary instruction permit,	530
probationary driver's license, or driver's license issued to the	531
child for a period of time prescribed by the court or, at the	532
discretion of the court, until the child attends and	533
satisfactorily completes a drug abuse or alcohol abuse education,	534
intervention, or treatment program specified by the court. During	535
the time the child is attending the program, the court shall	536
retain any temporary instruction permit, probationary driver's	537
license, or driver's license issued to the child and shall return	538
the permit or license when the child satisfactorily completes the	539
program.	540

(C)(1) If a child is adjudicated an unruly child for being	541
an habitual truant, in addition to or in lieu of imposing any	542
other order of disposition authorized by this section, the court	543
may do any of the following:	544

(a) Order the board of education of the child's school	545
district or the governing board of the educational service center	546
in the child's school district to require the child to attend an	547
alternative school if an alternative school has been established	548
pursuant to section 3313.533 of the Revised Code in the school	549
district in which the child is entitled to attend school;	550

(b) Require the child to participate in any academic program	551
or community service program;	552

(c) Require the child to participate in a drug abuse or	553
alcohol abuse counseling program;	554

(d) Require that the child receive appropriate medical or	555
psychological treatment or counseling;	556

(e) Make any other order that the court finds proper to	557
address the child's habitual truancy, including an order requiring	558
the child to not be absent without legitimate excuse from the	559
public school the child is supposed to attend for five or more	560
consecutive days, seven or more school days in one school month,	561
or twelve or more school days in a school year and including an	562
order requiring the child to participate in a truancy prevention	563
mediation program.	564

(2) If a child is adjudicated an unruly child for being an	565
habitual truant and the court determines that the parent,	566
guardian, or other person having care of the child has failed to	567
cause the child's attendance at school in violation of section	568
3321.38 of the Revised Code, in addition to any order of	569
disposition authorized by this section, all of the following	570
apply:	571

(a) The court may require the parent, guardian, or other	572
person having care of the child to participate in any community	573
service program, preferably a community service program that	574
requires the involvement of the parent, guardian, or other person	575
having care of the child in the school attended by the child.	576

(b) The court may require the parent, guardian, or other	577
person having care of the child to participate in a truancy	578
prevention mediation program.	579

(c) The court shall warn the parent, guardian, or other	580
person having care of the child that any subsequent adjudication	581
of the child as an unruly or delinquent child for being an	582
habitual or chronic truant may result in a criminal charge against	583
the parent, guardian, or other person having care of the child for	584
a violation of division (C) of section 2919.21 or section 2919.24	585
of the Revised Code.	586

Section 2. That existing sections 121.37, 2151.152,	587
2151.27, and 2151.354 of the Revised Code are hereby repealed.	588

Section 3. Sections 1 and 2 of this act shall take effect	589
January 1, 2002.	590

Section 4. Not later than thirty days after the effective	591
date of this section, the Ohio Family and Children First Cabinet	592
Council shall develop and distribute advisory guidance to each	593
county family and children first council and to any other key	594
relevant constituency that the Cabinet Council identifies. The	595
Cabinet Council shall design the advisory guidance to assist a	596
county council in developing under divisions (C), (D), (E), and	597
(F) of section 121.37 of the Revised Code its local service	598
coordination process for diversion of unruly children and children	599
who have committed acts that would be misdemeanors if committed by	600
an adult from the juvenile court system. The Cabinet Council	601
shall include in the advisory guidance suggestions on how to	602
effectively utilize TANF Youth Diversion Program funds, authorized	603
in Section 63.09 of Am. Sub. H.B. 94 of the 124th General	604
Assembly, as amended by Am. Sub. H.B. 299 of the 124th General	605
Assembly, and suggestions on how to effectively utilize other	606
available federal, state, local, or private funds.	607

This section does not authorize the Cabinet Council to adopt	608
rules setting forth the above-described advisory guidance.	609

Section 5. Not later than November 1, 2002, the Ohio Family	610
and Children First Cabinet Council shall appoint a committee to	611
evaluate the implementation of Section 63.09, TANF Youth Diversion	612
Programs, of Am. Sub. H.B. 94 of the 124th General Assembly, as	613
amended by Am. Sub. H.B. 299 of the 124th General Assembly, and	614
divisions (C), (D), (E), and (F) of section 121.37 of the Revised	615
Code. The members of the committee shall represent key relevant	616
constituencies affected by that section and those divisions, and	617
the members shall serve without compensation. The Ohio Family and	618
Children First Cabinet Council shall provide any clerical support	619
the committee requires. The committee shall provide an interim	620
report of its findings and recommendations to the Ohio Family and	621
Children First Cabinet Council, the President of the Senate, and	622
the Speaker of the House of Representatives not later than March	623
1, 2003. The committee shall submit its final report of its	624
findings and recommendations, including identified best practices,	625
to the Ohio Family and Children First Cabinet Council, the	626
President of the Senate, and the Speaker of the House of	627
Representatives not later than December 31, 2003.	628

Section 6. Section 2151.27 of the Revised Code is presented	629
in this act as a composite of the section as amended by both Am.	630
Sub. S.B. 179 and Sub. S.B. 218 of the 123rd General Assembly. The	631
General Assembly, applying the principle stated in division (B) of	632
section 1.52 of the Revised Code that amendments are to be	633
harmonized if reasonably capable of simultaneous operation, finds	634
that the composite is the resulting version of the section in	635
effect on January 1, 2002.	636