Sub. S. B. No. 27 As Passed by the House

SENATORS Mumper, Jacobson, Blessing, Amstutz, Spada, Carnes, Fingerhut, Mead, McLin, Espy, Robert Gardner, Nein, Harris

REPRESENTATIVES Kearns, Seitz, D. Miller, R. Miller, Jolivette, Beatty, Patton, Barnes, Cirelli, Olman, Allen, Carey, Roman, Sulzer, Hoops, Coates, Barrett, Webster, White, Widowfield, Carmichael, Salerno, Latell, Collier, Schaffer, Hagan, Distel, Redfern, Flowers, Young, Latta, Clancy, Schmidt, Reidelbach, Otterman, Woodard, Key, Jones, Fessler, Willamowski

A BILL

To amend sections 2151.36, 2151.62, 2152.72,

2919.231, 3107.013, 3107.12, and 3119.01 and to

enact sections 2151.361 and 3107.017 of the Revised

Code to modify the law regarding child support for

a child who is adopted by foster parents, to modify

the law regarding the information that must be

provided to prospective adoptive parents about a

prospective adoptive child's background, to

require a psychological examination of certain

prospective adoptive children, to extend the

permissible time period between psychological exams

for certain prospective adoptive children, to

require the Director of Job and Family Services to

create a task force to study methods to assess

behaviors of children in the foster care and

adoption systems, and to amend the version of

section 2151.36 of the Revised Code that is

scheduled to take effect on January 1, 2002, to

continue the provisions of this act on and after

that effective date.

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

Section 1. That sections 2151.36, 2151.62, 2152.72,	21
2919.231, 3107.013, 3107.12, and 3119.01 be amended and sections	22
2151.361 and 3107.017 of the Revised Code be enacted to read as	23
follows:	24

Sec. 2151.36. ~~When~~Except as provided in section 2151.361 of	25
the Revised Code, when a child has been committed as provided by	26
this chapter, the juvenile court shall issue an order pursuant to	27
~~sections~~ Chapters 3119., 3121., 3123., and 3125. of the Revised	28
Code requiring that the parent, guardian, or person charged with	29
the child's support pay for the care, support, maintenance, and	30
education of the child. The juvenile court shall order that the	31
parents, guardian, or person pay for the expenses involved in	32
providing orthopedic, medical, or surgical treatment for, or for	33
special care of, the child, enter a judgment for the amount due,	34
and enforce the judgment by execution as in the court of common	35
pleas.	36

Any expenses incurred for the care, support, maintenance,	37
education, orthopedic, medical, or surgical treatment, and special	38
care of a child who has a legal settlement in another county shall	39
be at the expense of the county of legal settlement if the consent	40
of the juvenile judge of the county of legal settlement is first	41
obtained. When the consent is obtained, the board of county	42
commissioners of the county in which the child has a legal	43
settlement shall reimburse the committing court for the expenses	44
out of its general fund. If the department of job and family	45
services considers it to be in the best interest of any	46
delinquent, dependent, unruly, abused, or neglected child who has	47
a legal settlement in a foreign state or country that the child be	48
returned to the state or country of legal settlement, the juvenile	49
court may commit the child to the department for the child's	50
return to that state or country.	51

Any expenses ordered by the court for the care, support,	52
maintenance, education, orthopedic, medical, or surgical	53
treatment, or special care of a dependent, neglected, abused,	54
unruly, or delinquent child or of a juvenile traffic offender	55
under this chapter, except the part of the expense that may be	56
paid by the state or federal government or paid by the parents,	57
guardians, or person charged with the child's support pursuant to	58
this section, shall be paid from the county treasury upon	59
specifically itemized vouchers, certified to by the judge. The	60
court shall not be responsible for any expenses resulting from the	61
commitment of children to any home, public children services	62
agency, private child placing agency, or other institution,	63
association, or agency, unless the court authorized the expenses	64
at the time of commitment.	65

Sec. 2151.361. (A) If the parents of a child enter into an	66
agreement with a public children services agency or private child	67
placing agency to place the child into the temporary custody of	68
the agency or the child is committed as provided by this chapter,	69
the juvenile court, at its discretion, may issue an order pursuant	70
to Chapters 3119., 3121., 3123., and 3125. of the Revised Code	71
requiring that the parents pay for the care, support, maintenance,	72
and education of the child if the parents adopted the child.	73

(B) When determining whether to issue an order under	74
division (A) of this section, the juvenile court shall consider	75
all pertinent issues, including, but not limited to, all of the	76
following:	77

(1) The ability of the parents to pay for the care,	78
support, maintenance, and education of the child;	79

(2) The chances for reunification of the parents and child;

(3) Whether issuing the order will encourage the	81
reunification of the parents and child or undermine that	82
reunification;	83

(4) Whether the problem underlying the agreement to place	84
the child into temporary custody existed prior to the parents'	85
adoption of the child and whether the parents were informed of the	86
problem prior to that adoption;	87

(5) Whether the problem underlying the agreement to place	88
the child into temporary custody began after the parents' adoption	89
of the child;	90

(6) Whether the parents have contributed to the child's	91
problems;	92

(7) Whether the parents are part of the solution to the	93
child's problems.	94

Sec. 2151.62. (A) This section applies only to a child who	95
is or previously has been adjudicated a delinquent child for an	96
act to which any of the following applies:	97

(1) It is a violation of section 2903.01, 2903.02, 2903.03,	98
2903.04, 2903.11, 2903.12, 2903.13, 2907.02, 2907.03, or 2907.05	99
of the Revised Code;	100

(2) It is a violation of section 2923.01 of the Revised Code	101
and involved an attempt to commit aggravated murder or murder;	102

(3) It would be a felony if committed by an adult, and the	103
court determined that the child, if an adult, would be guilty of a	104
specification found in section 2941.141, 2941.144, or 2941.145 of	105
the Revised Code or in another section of the Revised Code that	106
relates to the possession or use of a firearm during the	107
commission of the act for which the child was adjudicated a	108
delinquent child;	109

(4) It would be an offense of violence that is a felony if	110
committed by an adult, and the court determined that the child, if	111
an adult, would be guilty of a specification found in section	112
2941.1411 of the Revised Code or in another section of the Revised	113
Code that relates to the wearing or carrying of body armor during	114
the commission of the act for which the child was adjudicated a	115
delinquent child.	116

(B)(1) Except as provided in division (E) of this section, a	117
public children services agency, private child placing agency,	118
private noncustodial agency, or court, the department of youth	119
services, or another private or government entity shall not place	120
a child in a certified foster home or for adoption until it	121
provides the foster caregivers or prospective adoptive parents	122
with all of the following:	123

(a) A written report describing the child's social history;

124

(b) A written report describing all the acts committed by	125
the child the entity knows of that resulted in the child being	126
adjudicated a delinquent child and the disposition made by the	127
court, unless the records pertaining to the acts have been sealed	128
pursuant to section 2151.358 of the Revised Code;	129

(c) A written report describing any other violent act	130
committed by the child of which the entity is aware;	131

(d) The substantial and material conclusions and	132
recommendations of any psychiatric or psychological examination	133
conducted on the child or, if no psychological or psychiatric	134
examination of the child is available, the substantial and	135
material conclusions and recommendations of an examination to	136
detect mental and emotional disorders conducted in compliance with	137
the requirements of Chapter 4757. of the Revised Code by an	138
independent social worker, social worker, professional clinical	139
counselor, or professional counselor licensed under that chapter.	140
The entity shall not provide any part of a psychological,	141
psychiatric, or mental and emotional disorder examination to the	142
foster caregivers or prospective adoptive parents other than the	143
substantial and material conclusions.	144

(2) Notwithstanding section 2151.358 of the Revised Code, if	145
records of an adjudication that a child is a delinquent child have	146
been sealed pursuant to that section and an entity knows the	147
records have been sealed, the entity shall provide the foster	148
caregivers or prospective adoptive parents a written statement	149
that the records of a prior adjudication have been sealed.	150

(C)(1) The entity that places the child in a certified	151
foster home or for adoption shall conduct a psychological	152
examination of the child~~, except that the~~unless either of the	153
following applies:	154

(a) An entity is not required to conduct the examination if	155
~~such~~ an examination was conducted no more than one year prior to	156
the child's placement, and division (C)(1)(b) of this section does	157
not apply. No	158

(b) An entity is not required to conduct the examination if a	159
foster caregiver seeks to adopt the foster caregiver's foster	160
child, and an examination was conducted no more than two years	161
prior to the date the foster caregiver seeks to adopt the child.	162

(2) No later than sixty days after placing the child, the	163
entity shall provide the foster caregiver or prospective adoptive	164
parents a written report detailing the substantial and material	165
conclusions and recommendations of the examination conducted	166
pursuant to this division.	167

(D)(1) Except as provided in divisions (D)(2) and (3) of	168
this section, the expenses of conducting the examinations and	169
preparing the reports and assessment required by division (B) or	170
(C) of this section shall be paid by the entity that places the	171
child in the certified foster home or for adoption.	172

(2) When a juvenile court grants temporary or permanent	173
custody of a child pursuant to any section of the Revised Code,	174
including section 2151.33, 2151.353, 2151.354, or 2151.355 of the	175
Revised Code, to a public children services agency or private	176
child placing agency, the court shall provide the agency the	177
information described in division (B) of this section, pay the	178
expenses of preparing that information, and, if a new examination	179
is required to be conducted, pay the expenses of conducting the	180
examination described in division (C) of this section. On receipt	181
of the information described in division (B) of this section, the	182
agency shall provide to the court written acknowledgment that the	183
agency received the information. The court shall keep the	184
acknowledgment and provide a copy to the agency. On the motion of	185
the agency, the court may terminate the order granting temporary	186
or permanent custody of the child to that agency, if the court	187
does not provide the information described in division (B) of this	188
section.	189

(3) If one of the following entities is placing a child in a	190
certified foster home or for adoption with the assistance of or by	191
contracting with a public children services agency, private child	192
placing agency, or a private noncustodial agency, the entity shall	193
provide the agency with the information described in division (B)	194
of this section, pay the expenses of preparing that information,	195
and, if a new examination is required to be conducted, pay the	196
expenses of conducting the examination described in division (C)	197
of this section:	198

(a) The department of youth services if the placement is	199
pursuant to any section of the Revised Code including section	200
2151.38, 5139.06, 5139.07, 5139.38, or 5139.39 of the Revised	201
Code;	202

(b) A juvenile court with temporary or permanent custody of	203
a child pursuant to section 2151.354 or 2151.355 of the Revised	204
Code;	205

(c) A public children services agency or private child	206
placing agency with temporary or permanent custody of the child.	207

The agency receiving the information described in division	208
(B) of this section shall provide the entity described in division	209
(D)(3)(a) to (c) of this section that sent the information written	210
acknowledgment that the agency received the information and	211
provided it to the foster caregivers or prospective adoptive	212
parents. The entity shall keep the acknowledgment and provide a	213
copy to the agency. An entity that places a child in a certified	214
foster home or for adoption with the assistance of or by	215
contracting with an agency remains responsible to provide the	216
information described in division (B) of this section to the	217
foster caregivers or prospective adoptive parents unless the	218
entity receives written acknowledgment that the agency provided	219
the information.	220

(E) If a child is placed in a certified foster home as a	221
result of an emergency removal of the child from home pursuant to	222
division (D) of section 2151.31 of the Revised Code, an emergency	223
change in the child's case plan pursuant to division (E)(3) of	224
section 2151.412 of the Revised Code, or an emergency placement by	225
the department of youth services pursuant to this chapter or	226
Chapter 5139. of the Revised Code, the entity that places the	227
child in the certified foster home shall provide the information	228
described in division (B) of this section no later than ninety-six	229
hours after the child is placed in the certified foster home.	230

(F) On receipt of the information described in divisions (B)	231
and (C) of this section, the foster caregiver or prospective	232
adoptive parents shall provide to the entity that places the child	233
in the foster caregiver's or prospective adoptive parents' home a	234
written acknowledgment that the foster caregiver or prospective	235
adoptive parents received the information. The entity shall keep	236
the acknowledgment and provide a copy to the foster caregiver or	237
prospective adoptive parents.	238

(G) No person employed by an entity subject to this section	239
and made responsible by that entity for the child's placement in a	240
certified foster home or for adoption shall fail to provide the	241
foster caregivers or prospective adoptive parents with the	242
information required by divisions (B) and (C) of this section.	243

(H) It is not a violation of any duty of confidentiality	244
provided for in the Revised Code or a code of professional	245
responsibility for a person or government entity to provide the	246
substantial and material conclusions and recommendations of a	247
psychiatric or psychological examination, or an examination to	248
detect mental and emotional disorders, in accordance with division	249
(B)(1)(d) or (C) of this section.	250

(I) As used in this section:

251

(1) "Body armor" has the same meaning as in section	252
2941.1411 of the Revised Code.	253

(2) "Firearm" has the same meaning as in section 2923.11 of	254
the Revised Code.	255

Sec. 2152.72. (A) This section applies only to a child who	256
is or previously has been adjudicated a delinquent child for an	257
act to which any of the following applies:	258

(1) The act is a violation of section 2903.01, 2903.02,	259
2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2907.02, 2907.03, or	260
2907.05 of the Revised Code;.	261

(2) The act is a violation of section 2923.01 of the Revised	262
Code and involved an attempt to commit aggravated murder or	263
murder;.	264

(3) The act would be a felony if committed by an adult, and	265
the court determined that the child, if an adult, would be guilty	266
of a specification found in section 2941.141, 2941.144, or	267
2941.145 of the Revised Code or in another section of the Revised	268
Code that relates to the possession or use of a firearm during the	269
commission of the act for which the child was adjudicated a	270
delinquent child;.	271

(4) ItThe act would be an offense of violence that is a	272
felony if committed by an adult, and the court determined that the	273
child, if an adult, would be guilty of a specification found in	274
section 2941.1411 of the Revised Code or in another section of the	275
Revised Code that relates to the wearing or carrying of body armor	276
during the commission of the act for which the child was	277
adjudicated a delinquent child.	278

(B)(1) Except as provided in division (E) of this section, a	279
public children services agency, private child placing agency,	280
private noncustodial agency, or court, the department of youth	281
services, or another private or government entity shall not place	282
a child in a certified foster home or for adoption until it	283
provides the foster caregivers or prospective adoptive parents	284
with all of the following:	285

(a) A written report describing the child's social history;

286

(b) A written report describing all the acts committed by	287
the child the entity knows of that resulted in the child being	288
adjudicated a delinquent child and the disposition made by the	289
court, unless the records pertaining to the acts have been sealed	290
pursuant to section 2151.358 of the Revised Code;	291

(c) A written report describing any other violent act	292
committed by the child of which the entity is aware;	293

(d) The substantial and material conclusions and	294
recommendations of any psychiatric or psychological examination	295
conducted on the child or, if no psychological or psychiatric	296
examination of the child is available, the substantial and	297
material conclusions and recommendations of an examination to	298
detect mental and emotional disorders conducted in compliance with	299
the requirements of Chapter 4757. of the Revised Code by an	300
independent social worker, social worker, professional clinical	301
counselor, or professional counselor licensed under that chapter.	302
The entity shall not provide any part of a psychological,	303
psychiatric, or mental and emotional disorder examination to the	304
foster caregivers or prospective adoptive parents other than the	305
substantial and material conclusions.	306

(2) Notwithstanding section 2151.358 of the Revised Code, if	307
records of an adjudication that a child is a delinquent child have	308
been sealed pursuant to that section and an entity knows the	309
records have been sealed, the entity shall provide the foster	310
caregivers or prospective adoptive parents a written statement	311
that the records of a prior adjudication have been sealed.	312

(C)(1) The entity that places the child in a certified	313
foster home or for adoption shall conduct a psychological	314
examination of the child~~, except that the~~unless either of the	315
following applies:	316

(a) An entity is not required to conduct the examination if	317
~~such~~ an examination was conducted no more than one year prior to	318
the child's placement, and division (C)(1)(b) of this section does	319
not apply. No	320

(b) An entity is not required to conduct the examination if a	321
foster caregiver seeks to adopt the foster caregiver's foster	322
child, and an examination was conducted no more than two years	323
prior to the date the foster caregiver seeks to adopt the child.	324

(2) No later than sixty days after placing the child, the	325
entity shall provide the foster caregiver or prospective adoptive	326
parents a written report detailing the substantial and material	327
conclusions and recommendations of the examination conducted	328
pursuant to this division.	329

(D)(1) Except as provided in divisions (D)(2) and (3) of	330
this section, the expenses of conducting the examinations and	331
preparing the reports and assessment required by division (B) or	332
(C) of this section shall be paid by the entity that places the	333
child in the certified foster home or for adoption.	334

(2) When a juvenile court grants temporary or permanent	335
custody of a child pursuant to any section of the Revised Code,	336
including section 2151.33, 2151.353, 2151.354, or 2152.19 of the	337
Revised Code, to a public children services agency or private	338
child placing agency, the court shall provide the agency the	339
information described in division (B) of this section, pay the	340
expenses of preparing that information, and, if a new examination	341
is required to be conducted, pay the expenses of conducting the	342
examination described in division (C) of this section. On receipt	343
of the information described in division (B) of this section, the	344
agency shall provide to the court written acknowledgment that the	345
agency received the information. The court shall keep the	346
acknowledgment and provide a copy to the agency. On the motion of	347
the agency, the court may terminate the order granting temporary	348
or permanent custody of the child to that agency, if the court	349
does not provide the information described in division (B) of this	350
section.	351

(3) If one of the following entities is placing a child in a	352
certified foster home or for adoption with the assistance of or by	353
contracting with a public children services agency, private child	354
placing agency, or a private noncustodial agency, the entity shall	355
provide the agency with the information described in division (B)	356
of this section, pay the expenses of preparing that information,	357
and, if a new examination is required to be conducted, pay the	358
expenses of conducting the examination described in division (C)	359
of this section:	360

(a) The department of youth services if the placement is	361
pursuant to any section of the Revised Code including section	362
2152.22, 5139.06, 5139.07, 5139.38, or 5139.39 of the Revised	363
Code;	364

(b) A juvenile court with temporary or permanent custody of	365
a child pursuant to section 2151.354 or 2152.19 of the Revised	366
Code;	367

(c) A public children services agency or private child	368
placing agency with temporary or permanent custody of the child.	369

The agency receiving the information described in division	370
(B) of this section shall provide the entity described in division	371
(D)(3)(a) to (c) of this section that sent the information written	372
acknowledgment that the agency received the information and	373
provided it to the foster caregivers or prospective adoptive	374
parents. The entity shall keep the acknowledgment and provide a	375
copy to the agency. An entity that places a child in a certified	376
foster home or for adoption with the assistance of or by	377
contracting with an agency remains responsible to provide the	378
information described in division (B) of this section to the	379
foster caregivers or prospective adoptive parents unless the	380
entity receives written acknowledgment that the agency provided	381
the information.	382

(E) If a child is placed in a certified foster home as a	383
result of an emergency removal of the child from home pursuant to	384
division (D) of section 2151.31 of the Revised Code, an emergency	385
change in the child's case plan pursuant to division (E)(3) of	386
section 2151.412 of the Revised Code, or an emergency placement by	387
the department of youth services pursuant to this chapter or	388
Chapter 5139. of the Revised Code, the entity that places the	389
child in the certified foster home shall provide the information	390
described in division (B) of this section no later than ninety-six	391
hours after the child is placed in the certified foster home.	392

(F) On receipt of the information described in divisions (B)	393
and (C) of this section, the foster caregiver or prospective	394
adoptive parents shall provide to the entity that places the child	395
in the foster caregiver's or prospective adoptive parents' home a	396
written acknowledgment that the foster caregiver or prospective	397
adoptive parents received the information. The entity shall keep	398
the acknowledgment and provide a copy to the foster caregiver or	399
prospective adoptive parents.	400

(G) No person employed by an entity subject to this section	401
and made responsible by that entity for the child's placement in a	402
certified foster home or for adoption shall fail to provide the	403
foster caregivers or prospective adoptive parents with the	404
information required by divisions (B) and (C) of this section.	405

(H) It is not a violation of any duty of confidentiality	406
provided for in the Revised Code or a code of professional	407
responsibility for a person or government entity to provide the	408
substantial and material conclusions and recommendations of a	409
psychiatric or psychological examination, or an examination to	410
detect mental and emotional disorders, in accordance with division	411
(B)(1)(d) or (C) of this section.	412

(I) As used in this section:

413

(1) "Body armor" has the same meaning as in section	414
2941.1411 of the Revised Code.	415

(2) "Firearm" has the same meaning as in section 2923.11 of	416
the Revised Code.	417

Sec. 2919.231. (A) No person, by using physical harassment	418
or threats of violence against another person, shall interfere	419
with the other person's initiation or continuance of, or attempt	420
to prevent the other person from initiating or continuing, an	421
action to issue or modify a support order under Chapter 3115. or	422
under section 2151.23, 2151.231, 2151.232, 2151.33, 2151.36,	423
2151.361, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13,	424
3113.04, 3113.07, or 3113.31 of the Revised Code.	425

(B) Whoever violates this section is guilty of interfering	426
with an action to issue or modify a support order, a misdemeanor	427
of the first degree. If the offender previously has been	428
convicted of or pleaded guilty to a violation of this section or	429
of section 3111.19 of the Revised Code, interfering with an	430
action to issue or modify a support order is a felony of the fifth	431
degree.	432

Sec. 3107.013. An agency arranging an adoption pursuant to	433
an application submitted to the agency under section 3107.012 of	434
the Revised Code for a foster caregiver seeking to adopt the	435
foster caregiver's foster child shall ~~offer to~~ provide the foster	436
caregiver information about adoption, including information about	437
state adoption law, adoption assistance available pursuant to	438
section 5153.163 of the Revised Code and Title IV-E of the "Social	439
Security Act," 94 Stat. 501, 42 U.S.C.A. 670 (1980), as amended,	440
the types of behavior that the prospective adoptive parents may	441
anticipate from children who have experienced abuse and neglect,	442
suggested interventions and the assistance available if the child	443
exhibits those types of behavior after adoption, and other	444
adoption issues the department of job and family services	445
identifies. ~~If the foster caregiver informs the agency that the~~	446
~~foster caregiver wants the information, the~~The agency shall	447
provide the information to the foster caregiver in accordance with	448
rules the department of job and family services shall adopt in	449
accordance with Chapter 119. of the Revised Code.	450

Sec. 3107.017. The department of job and family services	451
shall develop a standardized form for the disclosure of	452
information about a prospective adoptive child to prospective	453
adoptive parents. The information disclosed shall include all	454
background information available on the child. The department	455
shall distribute the form to all agencies.	456

Sec. 3107.12. (A) Except as provided in division (B) of	457
this section, an assessor shall conduct a prefinalization	458
assessment of a minor and petitioner before a court issues a final	459
decree of adoption or finalizes an interlocutory order of adoption	460
for the minor. On completion of the assessment, the assessor	461
shall prepare a written report of the assessment and provide a	462
copy of the report to the court before which the adoption petition	463
is pending.	464

The report of a prefinalization assessment shall include all	465
of the following:	466

(1) The adjustment of the minor and the petitioner to the	467
adoptive placement;	468

(2) The present and anticipated needs of the minor and the	469
petitioner, as determined by a review of the minor's medical and	470
social history, for adoption-related services, including	471
assistance under Title IV-E of the "Social Security Act," 94 Stat.	472
501 (1980), 42 U.S.C.A. 670, as amended, or section 5153.163 of	473
the Revised Code and counseling, case management services, crisis	474
services, diagnostic services, and therapeutic counseling.	475

(3) The physical, mental, and developmental condition of the	476
minor;	477

(4) If known, the minor's biological family background,	478
including identifying information about the biological or other	479
legal parents;	480

(5) The reasons for the minor's placement with the	481
petitioner, the petitioner's attitude toward the proposed	482
adoption, and the circumstances under which the minor was placed	483
in the home of the petitioner;	484

(6) The attitude of the minor toward the proposed adoption,	485
if the minor's age makes this feasible;	486

(7) If the minor is an Indian child, as defined in 25	487
U.S.C.A. 1903(4), how the placement complies with the "Indian	488
Child Welfare Act of 1978," 92 Stat. 3069, 25 U.S.C.A. 1901, as	489
amended;	490

(8) If known, the minor's psychological background, including	491
prior abuse of the child and behavioral problems of the child.	492

The assessor shall file the prefinalization report with the	493
court not later than twenty days prior to the date scheduled for	494
the final hearing on the adoption unless the court determines	495
there is good cause for filing the report at a later date.	496

The assessor shall provide a copy of the written report of	497
the assessment to the petitioner with the identifying information	498
about the biological or other legal parents redacted.	499

(B) This section does not apply if the petitioner is the	500
minor's stepparent, unless a court, after determining a	501
prefinalization assessment is in the best interest of the minor,	502
orders that an assessor conduct a prefinalization assessment. ~~This~~	503
~~section also does not apply if the petitioner is the minor's~~	504
~~foster caregiver and the minor has resided in the petitioner's~~	505
~~home as the foster caregiver's foster child for at least twelve~~	506
~~months prior to the date the petitioner submits an application~~	507
~~prescribed under division (B) of section 3107.012 of the Revised~~	508
~~Code to the agency arranging the adoption.~~	509

(C) The director of job and family services shall adopt	510
rules in accordance with Chapter 119. of the Revised Code defining	511
"counseling," "case management services," "crisis services,"	512
"diagnostic services," and "therapeutic counseling" for the	513
purpose of this section.	514

Sec. 3119.01. (A) As used in the Revised Code, "child	515
support enforcement agency" means a child support enforcement	516
agency designated under former section 2301.35 of the Revised Code	517
prior to October 1, 1997, or a private or government entity	518
designated as a child support enforcement agency under section	519
307.981 of the Revised Code.	520

(B) As used in this chapter and Chapters 3121., 3123., and	521
3125. of the Revised Code:	522

(1) "Administrative child support order" means any order	523
issued by a child support enforcement agency for the support of a	524
child pursuant to section 3109.19 or 3111.81 of the Revised Code	525
or former section 3111.211 of the Revised Code, section 3111.21 of	526
the Revised Code as that section existed prior to January 1, 1998,	527
or section 3111.20 or 3111.22 of the Revised Code as those	528
sections existed prior to the effective date of this section.	529

(2) "Child support order" means either a court child support	530
order or an administrative child support order.	531

(3) "Obligee" means the person who is entitled to receive	532
the support payments under a support order.	533

(4) "Obligor" means the person who is required to pay	534
support under a support order.	535

(5) "Support order" means either an administrative child	536
support order or a court support order.	537

538

(1) "Combined gross income" means the combined gross income	539
of both parents.	540

(2) "Court child support order" means any order issued by a	541
court for the support of a child pursuant to Chapter 3115. of the	542
Revised Code, section 2151.23, 2151.231, 2151.232, 2151.33,	543
2151.36, 2151.361, 2151.49, 3105.21, 3109.05, 3109.19, 3111.13,	544
3113.04, 3113.07, 3113.31, 3119.65, 3119.70, or 3123.07 of the	545
Revised Code, or division (B) of former section 3113.21 of the	546
Revised Code.	547

(3) "Court support order" means either a court child support	548
order or an order for the support of a spouse issued pursuant to	549
Chapter 3115. of the Revised Code, section 3105.18, 3113.31, or	550
3123.07 of the Revised Code, or division (B) of former section	551
3113.21 of the Revised Code.	552

(4) "Extraordinary medical expenses" means any uninsured	553
medical expenses incurred for a child during a calendar year that	554
exceed one hundred dollars.	555

(5) "Income" means either of the following:

556

(a) For a parent who is employed to full capacity, the gross	557
income of the parent;	558

(b) For a parent who is unemployed or underemployed, the sum	559
of the gross income of the parent and any potential income of the	560
parent.	561

(6) "Insurer" means any person authorized under Title XXXIX	562
of the Revised Code to engage in the business of insurance in this	563
state, any health insuring corporation, and any legal entity that	564
is self-insured and provides benefits to its employees or members.	565

(7) "Gross income" means, except as excluded in division	566
(C)(7) of this section, the total of all earned and unearned	567
income from all sources during a calendar year, whether or not the	568
income is taxable, and includes income from salaries, wages,	569
overtime pay, and bonuses to the extent described in division (D)	570
of section 3119.05 of the Revised Code; commissions; royalties;	571
tips; rents; dividends; severance pay; pensions; interest; trust	572
income; annuities; social security benefits, including retirement,	573
disability, and survivor benefits that are not means-tested;	574
workers' compensation benefits; unemployment insurance benefits;	575
disability insurance benefits; benefits that are not means-tested	576
and that are received by and in the possession of the veteran who	577
is the beneficiary for any service-connected disability under a	578
program or law administered by the United States department of	579
veterans' affairs or veterans' administration; spousal support	580
actually received; and all other sources of income. "Gross	581
income" includes income of members of any branch of the United	582
States armed services or national guard, including, amounts	583
representing base pay, basic allowance for quarters, basic	584
allowance for subsistence, supplemental subsistence allowance,	585
cost of living adjustment, specialty pay, variable housing	586
allowance, and pay for training or other types of required drills;	587
self-generated income; and potential cash flow from any source.	588

"Gross income" does not include any of the following:

589

(a) Benefits received from means-tested government	590
administered programs, including Ohio works first; prevention,	591
retention, and contingency; means-tested veterans' benefits;	592
supplemental security income; food stamps; disability assistance;	593
or other assistance for which eligibility is determined on the	594
basis of income or assets;	595

(b) Benefits for any service-connected disability under a	596
program or law administered by the United States department of	597
veterans' affairs or veterans' administration that are not	598
means-tested, that have not been distributed to the veteran who is	599
the beneficiary of the benefits, and that are in the possession of	600
the United States department of veterans' affairs or veterans'	601
administration;	602

(c) Child support received for children who were not born or	603
adopted during the marriage at issue;	604

(d) Amounts paid for mandatory deductions from wages such as	605
union dues but not taxes, social security, or retirement in lieu	606
of social security;	607

(e) Nonrecurring or unsustainable income or cash flow items;

608

(f) Adoption assistance and foster care maintenance payments	609
made pursuant to Title IV-E of the "Social Security Act," 94 Stat.	610
501, 42 U.S.C.A. 670 (1980), as amended.	611

(8) "Nonrecurring or unsustainable income or cash flow item"	612
means an income or cash flow item the parent receives in any year	613
or for any number of years not to exceed three years that the	614
parent does not expect to continue to receive on a regular basis.	615
"Nonrecurring or unsustainable income or cash flow item" does not	616
include a lottery prize award that is not paid in a lump sum or	617
any other item of income or cash flow that the parent receives or	618
expects to receive for each year for a period of more than three	619
years or that the parent receives and invests or otherwise uses to	620
produce income or cash flow for a period of more than three years.	621

(9)(a) "Ordinary and necessary expenses incurred in	622
generating gross receipts" means actual cash items expended by the	623
parent or the parent's business and includes depreciation expenses	624
of business equipment as shown on the books of a business entity.	625

(b) Except as specifically included in "ordinary and	626
necessary expenses incurred in generating gross receipts" by	627
division (C)(9)(a) of this section, "ordinary and necessary	628
expenses incurred in generating gross receipts" does not include	629
depreciation expenses and other noncash items that are allowed as	630
deductions on any federal tax return of the parent or the parent's	631
business.	632

(10) "Personal earnings" means compensation paid or payable	633
for personal services, however denominated, and includes wages,	634
salary, commissions, bonuses, draws against commissions, profit	635
sharing, vacation pay, or any other compensation.	636

(11) "Potential income" means both of the following for a	637
parent who the court pursuant to a court support order, or a child	638
support enforcement agency pursuant to an administrative child	639
support order, determines is voluntarily unemployed or voluntarily	640
underemployed:	641

(a) Imputed income that the court or agency determines the	642
parent would have earned if fully employed as determined from the	643
following criteria:	644

(i) The parent's prior employment experience;

645

(ii) The parent's education;

646

(iii) The parent's physical and mental disabilities, if any;

647

(iv) The availability of employment in the geographic area	648
in which the parent resides;	649

(v) The prevailing wage and salary levels in the geographic	650
area in which the parent resides;	651

(vi) The parent's special skills and training;

652

(vii) Whether there is evidence that the parent has the	653
ability to earn the imputed income;	654

(viii) The age and special needs of the child for whom child	655
support is being calculated under this section;	656

(ix) The parent's increased earning capacity because of	657
experience;	658

(x) Any other relevant factor.

659

(b) Imputed income from any nonincome-producing assets of a	660
parent, as determined from the local passbook savings rate or	661
another appropriate rate as determined by the court or agency, not	662
to exceed the rate of interest specified in division (A) of	663
section 1343.03 of the Revised Code, if the income is significant.	664

(12) "Schedule" means the basic child support schedule set	665
forth in section 3119.021 of the Revised Code.	666

(13) "Self-generated income" means gross receipts received	667
by a parent from self-employment, proprietorship of a business,	668
joint ownership of a partnership or closely held corporation, and	669
rents minus ordinary and necessary expenses incurred by the parent	670
in generating the gross receipts. "Self-generated income"	671
includes expense reimbursements or in-kind payments received by a	672
parent from self-employment, the operation of a business, or	673
rents, including company cars, free housing, reimbursed meals, and	674
other benefits, if the reimbursements are significant and reduce	675
personal living expenses.	676

(14) "Split parental rights and responsibilities" means a	677
situation in which there is more than one child who is the subject	678
of an allocation of parental rights and responsibilities and each	679
parent is the residential parent and legal custodian of at least	680
one of those children.	681

(15) "Worksheet" means the applicable worksheet that is used	682
to calculate a parent's child support obligation as set forth in	683
sections 3119.022 and 3119.023 of the Revised Code.	684

Section 2. That existing sections 2151.36, 2151.62, 2152.72,	685
2919.231, 3107.013, 3107.12, and 3119.01 of the Revised Code are	686
hereby repealed.	687

Section 3. That the version of section 2151.36 of the Revised	688
Code scheduled to take effect January 1, 2002, be amended to read	689
as follows:	690

Sec. 2151.36. ~~When~~Except as provided in section 2151.361 of	691
the Revised Code, when a child has been committed as provided by	692
this chapter or Chapter 2152. of the Revised Code, the juvenile	693
court shall issue an order pursuant to ~~sections~~ Chapters 3119.,	694
3121., 3123., and 3125. of the Revised Code requiring that the	695
parent, guardian, or person charged with the child's support pay	696
for the care, support, maintenance, and education of the child.	697
The juvenile court shall order that the parents, guardian, or	698
person pay for the expenses involved in providing orthopedic,	699
medical, or surgical treatment for, or for special care of, the	700
child, enter a judgment for the amount due, and enforce the	701
judgment by execution as in the court of common pleas.	702

Any expenses incurred for the care, support, maintenance,	703
education, orthopedic, medical, or surgical treatment, and special	704
care of a child who has a legal settlement in another county shall	705
be at the expense of the county of legal settlement if the consent	706
of the juvenile judge of the county of legal settlement is first	707
obtained. When the consent is obtained, the board of county	708
commissioners of the county in which the child has a legal	709
settlement shall reimburse the committing court for the expenses	710
out of its general fund. If the department of job and family	711
services considers it to be in the best interest of any	712
delinquent, dependent, unruly, abused, or neglected child who has	713
a legal settlement in a foreign state or country that the child be	714
returned to the state or country of legal settlement, the juvenile	715
court may commit the child to the department for the child's	716
return to that state or country.	717

Any expenses ordered by the court for the care, support,	718
maintenance, education, orthopedic, medical, or surgical	719
treatment, or special care of a dependent, neglected, abused,	720
unruly, or delinquent child or of a juvenile traffic offender	721
under this chapter or Chapter 2152. of the Revised Code, except	722
the part of the expense that may be paid by the state or federal	723
government or paid by the parents, guardians, or person charged	724
with the child's support pursuant to this section, shall be paid	725
from the county treasury upon specifically itemized vouchers,	726
certified to by the judge. The court shall not be responsible for	727
any expenses resulting from the commitment of children to any	728
home, public children services agency, private child placing	729
agency, or other institution, association, or agency, unless the	730
court authorized the expenses at the time of commitment.	731

Section 4. That the existing version of section 2151.36 of	732
the Revised Code scheduled to take effect January 1, 2002, is	733
hereby repealed.	734

Section 5. (A) Sections 3 and 4 of this act shall take effect	735
January 1, 2002.	736

(B) Section 2152.72 of the Revised Code, as amended by this	737
act, shall take effect January 1, 2002.	738

Section 6. The Director of Job and Family Services, in	739
conjunction with the Director of Mental Health, shall create a	740
task force to advise the General Assembly on the development and	741
evaluation of caseworker assessment education and training	742
programs, assessment standards and criteria, and other programs or	743
initiatives that may better assist foster and adoptive parents in	744
dealing with children with behavioral problems. The members of	745
the task force shall include professionals from the mental health	746
field with expertise in the evaluation of at risk or special needs	747
children and representatives of other organizations the Directors	748
consider appropriate.	749

The task force, by July 1, 2002, shall submit to the Speaker	750
and minority leader of the House of Representatives and to the	751
President and the minority leader of the Senate a report of its	752
findings and recommendations.	753

Section 7. The amendment of section 2151.62 of the Revised	754
Code is not intended to supersede its amendment and renumbering by	755
Am. Sub. S.B. 179 of the 123rd General Assembly. Paragraphs of	756
section 2151.62 of the Revised Code that are amended by this act	757
were moved to section 2152.72 of the Revised Code by Am. Sub. S.B.	758
179, effective January 1, 2002, as part of its revision of the	759
juvenile sentencing laws. Therefore, section 2152.72 of the	760
Revised Code is amended by this act to continue, on and after	761
January 1, 2002, the amendments this act is making to section	762
2151.62 of the Revised Code; section 2151.62 of the Revised Code	763
as amended by this act is superseded on January 1, 2002, by the	764
section as it results from its amendment and renumbering by Am.	765
Sub. S.B. 179; and section 2152.72 of the Revised Code as amended	766
by this act takes effect on January 1, 2002.	767

Section 8. (A) Section 2151.62 of the Revised Code is	768
presented in this act as a composite of the section as amended by	769
both Sub. H.B. 448 and Am. Sub. S.B. 222 of the 123rd General	770
Assembly. The General Assembly, applying the principle stated in	771
division (B) of section 1.52 of the Revised Code that amendments	772
are to be harmonized if reasonably capable of simultaneous	773
operation, finds that the composite is the resulting version of	774
the section in effect prior to the effective date of the section	775
as presented in this act.	776

(B) Section 2152.72 of the Revised Code is presented in this	777
act as a composite of the section as amended by Sub. H.B. 448, Am.	778
Sub. S.B. 222, and Am. Sub. S.B. 179 of the 123rd General	779
Assembly. The General Assembly, applying the principle stated in	780
division (B) of section 1.52 of the Revised Code that amendments	781
are to be harmonized if reasonably capable of simultaneous	782
operation, finds that the composite is the resulting version of	783
the section in effect prior to the effective date of the section	784
as presented in this act.	785

(C) Section 2151.36 of the Revised Code is presented in	786
Section 3 of this act as a composite of the section as amended by	787
both Am. Sub. S.B. 179 and Am. Sub. S.B. 180 of the 123rd General	788
Assembly. The General Assembly, applying the principle stated in	789
division (B) of section 1.52 of the Revised Code that amendments	790
are to be harmonized if reasonably capable of simultaneous	791
operation, finds that the composite is the resulting version of	792
the section in effect prior to the effective date of the section	793
as presented in Section 3 of this act.	794