As Passed by the House

125th General Assembly
Regular Session
2003-2004
Sub. H. B. No. 106


REPRESENTATIVES Williams, Otterman, McGregor, Hartnett, Hagan, Perry, Gilb, Koziura, Widowfield, Young, Boccieri, Willamowski, Aslanides, Carano, Chandler, Cirelli, Clancy, Collier, DeBose, Domenick, C. Evans, Flowers, Gibbs, Grendell, Harwood, Kilbane, Latta, Martin, Niehaus, T. Patton, Peterson, Schlichter, Schmidt, Setzer, Sferra, J. Stewart, Taylor



A BILL
To amend sections 2152.18, 3313.533, 3313.672, and 1
5139.05 of the Revised Code to require the 2
Department of Youth Services upon request to 3
release certain records pertaining to a child 4
discharged or released from its custody to the 5
school district in which the child is entitled to 6
attend school and to specify that a school 7
district's policy on the assignment of students to 8
an alternative school may provide for the 9
assignment of any child released from the custody 10
of the Department of Youth Services to such a 11
school.12


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

       Section 1. That sections 2152.18, 3313.533, 3313.672, and 13
5139.05 of the Revised Code be amended to read as follows:14

       Sec. 2152.18.  (A) When a juvenile court commits a delinquent15
child to the custody of the department of youth services pursuant16
to this chapter, the court shall not designate the specific17
institution in which the department is to place the child but18
instead shall specify that the child is to be institutionalized in19
a secure facility.20

       (B) When a juvenile court commits a delinquent child to the21
custody of the department of youth services pursuant to this22
chapter, the court shall state in the order of commitment the23
total number of days that the child has been held in detention in24
connection with the delinquent child complaint upon which the25
order of commitment is based. The department shall reduce the26
minimum period of institutionalization that was ordered by both27
the total number of days that the child has been so held in28
detention as stated by the court in the order of commitment and29
the total number of any additional days that the child has been30
held in detention subsequent to the order of commitment but prior31
to the transfer of physical custody of the child to the32
department.33

       (C)(1) When a juvenile court commits a delinquent child to34
the custody of the department of youth services pursuant to this35
chapter, the court shall provide the department with the child's36
medical records, a copy of the report of any mental examination of37
the child ordered by the court, the Revised Code section or38
sections the child violated and the degree of each violation, the39
warrant to convey the child to the department, a copy of the40
court's journal entry ordering the commitment of the child to the41
legal custody of the department, a copy of the arrest record42
pertaining to the act for which the child was adjudicated a43
delinquent child, a copy of any victim impact statement pertaining44
to the act, and any other information concerning the child that45
the department reasonably requests. The court also shall complete46
the form for the standard predisposition investigation report that47
the department furnishes pursuant to section 5139.04 of the48
Revised Code and provide the department with the completed form.49

       The department may refuse to accept physical custody of a50
delinquent child who is committed to the legal custody of the51
department until the court provides to the department the52
documents specified in this division. No officer or employee of53
the department who refuses to accept physical custody of a54
delinquent child who is committed to the legal custody of the55
department shall be subject to prosecution or contempt of court56
for the refusal if the court fails to provide the documents57
specified in this division at the time the court transfers the58
physical custody of the child to the department.59

       (2) Within twenty working days after the department of youth60
services receives physical custody of a delinquent child from a61
juvenile court, the court shall provide the department with a62
certified copy of the child's birth certificate and the child's63
social security number or, if the court made all reasonable64
efforts to obtain the information but was unsuccessful, with65
documentation of the efforts it made to obtain the information.66

       (3) If an officer is preparing pursuant to section 2947.06 or 67
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence68
investigation report pertaining to a person, the department shall69
make available to the officer, for use in preparing the report,70
any records or reports it possesses regarding that person that it71
received from a juvenile court pursuant to division (C)(1) of this72
section or that pertain to the treatment of that person after the73
person was committed to the custody of the department as a74
delinquent child.75

       (D)(1) Within ten days after an adjudication that a child is76
a delinquent child, the court shall give written notice of the77
adjudication to the superintendent of a city, local, exempted78
village, or joint vocational school district, and to the principal79
of the school the child attends, if the basis of the adjudication80
was the commission of an act that would be a criminal offense if81
committed by an adult, if the act was committed by the delinquent82
child when the child was fourteen years of age or older, and if83
the act is any of the following:84

       (a) An act that would be a felony or an offense of violence85
if committed by an adult, an act in the commission of which the86
child used or brandished a firearm, or an act that is a violation87
of section 2907.06, 2907.07, 2907.08, 2907.09, 2907.24, or88
2907.241 of the Revised Code and that would be a misdemeanor if89
committed by an adult;90

       (b) A violation of section 2923.12 of the Revised Code or of91
a substantially similar municipal ordinance that would be a92
misdemeanor if committed by an adult and that was committed on93
property owned or controlled by, or at an activity held under the94
auspices of, the board of education of that school district;95

       (c) A violation of division (A) of section 2925.03 or 2925.11 96
of the Revised Code that would be a misdemeanor if committed by an 97
adult, that was committed on property owned or controlled by, or 98
at an activity held under the auspices of, the board of education 99
of that school district, and that is not a minor drug possession 100
offense;101

       (d) An act that would be a criminal offense if committed by102
an adult and that results in serious physical harm to persons or103
serious physical harm to property while the child is at school, on104
any other property owned or controlled by the board, or at an105
interscholastic competition, an extracurricular event, or any106
other school program or activity;107

       (e) Complicity in any violation described in division108
(D)(1)(a), (b), (c), or (d) of this section that was alleged to109
have been committed in the manner described in division (D)(1)(a),110
(b), (c), or (d) of this section, regardless of whether the act of111
complicity was committed on property owned or controlled by, or at112
an activity held under the auspices of, the board of education of113
that school district.114

       (2) The notice given pursuant to division (D)(1) of this115
section shall include the name of the child who was adjudicated to116
be a delinquent child, the child's age at the time the child117
committed the act that was the basis of the adjudication, and118
identification of the violation of the law or ordinance that was119
the basis of the adjudication.120

       (3) Within fourteen days after committing a delinquent child121
to the custody of the department of youth services, the court122
shall give notice to the school attended by the child of the123
child's commitment by sending to that school a copy of the court's124
journal entry ordering the commitment. As soon as possible after125
receipt of the notice described in this division, the school shall126
provide the department with the child's school transcript.127
However, the department shall not refuse to accept a child128
committed to it, and a child committed to it shall not be held in129
a county or district detention facility, because of a school's130
failure to provide the school transcript that it is required to131
provide under this division.132

       (4) Within fourteen days after a request from the 133
superintendent of a school district pursuant to division (A)(2) of 134
section 3313.672 of the Revised Code regarding a child released or 135
discharged from an institution under the control of the department 136
of youth services, the department shall provide the following 137
records to the school psychologist named in the request:138

       (a) The child's current individualized education program, as 139
defined in section 3323.01 of the Revised Code, if such a program 140
has been developed for the child;141

        (b) A unified case plan and clinical services summary 142
developed for the child by the staff of the institution where the 143
child resided while in the custody of the department. The unified 144
case plan shall contain information relating to the child's 145
behavior and progress while in the custody of the department.146

       The school psychologist to whom the records are released 147
under division (D)(4) of this section shall review those records 148
and make a recommendation to the superintendent of the school 149
district as to the appropriate assignment of the child to a school 150
in the district. The superintendent shall consider that 151
recommendation in exercising the superintendent's authority under 152
section 3319.01 of the Revised Code to assign the child to a 153
school of the district, which may include an alternative school 154
established under section 3313.533 of the Revised Code. The 155
district shall release those records only as provided in sections 156
2317.02, 3319.321, 4732.19, and 5139.05 of the Revised Code and 157
the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g, as 158
amended.159

       (5) Within fourteen days after discharging or releasing a 160
child from an institution under its control, the department of 161
youth services shall provide the court and the school with an 162
updated copy of the child's school transcript and a summary of the 163
institutional record of the child. The department also shall 164
provide the court with a copy of any portion of the child's165
institutional record that the court specifically requests, within 166
five working days of the request.167

       (E) At any hearing at which a child is adjudicated a168
delinquent child or as soon as possible after the hearing, the169
court shall notify all victims of the delinquent act who may be170
entitled to a recovery under any of the following sections of the171
right of the victims to recover, pursuant to section 3109.09 of172
the Revised Code, compensatory damages from the child's parents;173
of the right of the victims to recover, pursuant to section174
3109.10 of the Revised Code, compensatory damages from the child's175
parents for willful and malicious assaults committed by the child;176
and of the right of the victims to recover an award of reparations177
pursuant to sections 2743.51 to 2743.72 of the Revised Code.178

       Sec. 3313.533.  (A) The board of education of a city,179
exempted village, or local school district may adopt a resolution180
to establish and maintain an alternative school in accordance with181
this section. The resolution shall specify, but not necessarily be 182
limited to, all of the following:183

       (1) The purpose of the school, which purpose shall be to184
serve students who are on suspension, who are having truancy185
problems, who are experiencing academic failure, who have a186
history of class disruption, or who are exhibiting other academic187
or behavioral problems specified in the resolution, or who have 188
been discharged or released from the custody of the department of 189
youth services under section 5139.51 of the Revised Code;190

       (2) The grades served by the school, which may include any of 191
grades kindergarten through twelve;192

       (3) A requirement that the school be operated in accordance193
with this section. The board of education adopting the resolution194
under division (A) of this section shall be the governing board of195
the alternative school. The board shall develop and implement a196
plan for the school in accordance with the resolution establishing197
the school and in accordance with this section. Each plan shall198
include, but not necessarily be limited to, all of the following:199

       (a) Specification of the reasons for which students will be200
accepted for assignment to the school and any criteria for201
admission that are to be used by the board to approve or202
disapprove the assignment of students to the school;203

       (b) Specification of the criteria and procedures that will be204
used for returning students who have been assigned to the school 205
back to the regular education program of the district;206

       (c) An evaluation plan for assessing the effectiveness of the207
school and its educational program and reporting the results of 208
the evaluation to the public.209

       (B) Notwithstanding any provision of Title XXXIII of the210
Revised Code to the contrary, the alternative school plan may211
include any of the following:212

       (1) A requirement that on each school day students must213
attend school or participate in other programs specified in the214
plan or by the chief administrative officer of the school for a215
period equal to the minimum school day set by the state board of216
education under section 3313.48 of the Revised Code plus any217
additional time required in the plan or by the chief218
administrative officer;219

       (2) Restrictions on student participation in extracurricular220
or interscholastic activities;221

       (3) A requirement that students wear uniforms prescribed by222
the district board of education.223

       (C) In accordance with the alternative school plan, the224
district board of education may employ teachers and nonteaching225
employees necessary to carry out its duties and fulfill its226
responsibilities or may contract with a nonprofit or for profit227
entity to operate the alternative school, including the provision228
of personnel, supplies, equipment, or facilities.229

       (D) An alternative school may be established in all or part230
of a school building.231

       (E) If a district board of education elects under this232
section, or is required by section 3313.534 of the Revised Code,233
to establish an alternative school, the district board may join234
with the board of education of one or more other districts to form235
a joint alternative school by forming a cooperative education236
school district under section 3311.52 or 3311.521 of the Revised237
Code, or a joint educational program under section 3313.842 of the238
Revised Code. The authority to employ personnel or to contract239
with a nonprofit or for profit entity under division (C) of this240
section applies to any alternative school program established241
under this division.242

       (F) Any individual employed as a teacher at an alternative243
school operated by a nonprofit or for profit entity under this244
section shall be licensed and shall be subject to background245
checks, as described in section 3319.39 of the Revised Code, in246
the same manner as an individual employed by a school district.247

       (G) Division (G) of this section applies only to any248
alternative school that is operated by a nonprofit or for profit249
entity under contract with the school district.250

       (1) In addition to the specifications authorized under251
division (B) of this section, any plan adopted under that division252
for an alternative school to which division (G) of this section253
also applies shall include the following:254

       (a) A description of the educational program provided at the255
alternative school, which shall include:256

       (i) Provisions for the school to be configured in clusters or 257
small learning communities;258

       (ii) Provisions for the incorporation of education technology 259
into the curriculum;260

       (iii) Provisions for accelerated learning programs in reading 261
and mathematics.262

       (b) A method to determine the reading and mathematics level263
of each student assigned to the alternative school and a method to264
continuously monitor each student's progress in those areas. The265
methods employed under this division shall be aligned with the266
curriculum adopted by the school district board of education under267
section 3313.60 of the Revised Code.268

       (c) A plan for social services to be provided at the269
alternative school, such as, but not limited to, counseling270
services, psychological support services, and enrichment programs;271

       (d) A plan for a student's transition from the alternative272
school back to a school operated by the school district;273

       (e) A requirement that the alternative school maintain274
financial records in a manner that is compatible with the form275
prescribed for school districts by the auditor of state to enable276
the district to comply with any rules adopted by the auditor of277
state.278

       (2) Notwithstanding division (A)(2) of this section, any279
alternative school to which division (G) of this section applies280
shall include only grades six through twelve.281

       (3) Notwithstanding anything in division (A)(3)(a) of this282
section to the contrary, the characteristics of students who may283
be assigned to an alternative school to which division (G) of this284
section applies shall include only disruptive and low-performing285
students.286

       (H) When any district board of education determines to287
contract with a nonprofit or for profit entity to operate an288
alternative school under this section, the board shall use the289
procedure set forth in this division.290

       (1) The board shall publish notice of a request for proposals291
in a newspaper of general circulation in the district once each292
week for a period of at least two consecutive weeks prior to the293
date specified by the board for receiving proposals. Notices of294
requests for proposals shall contain a general description of the295
subject of the proposed contract and the location where the296
request for proposals may be obtained. The request for proposals297
shall include all of the following information:298

       (a) Instructions and information to respondents concerning299
the submission of proposals, including the name and address of the300
office where proposals are to be submitted;301

       (b) Instructions regarding communications, including at least302
the names, titles, and telephone numbers of persons to whom303
questions concerning a proposal may be directed;304

       (c) A description of the performance criteria that will be305
used to evaluate whether a respondent to which a contract is306
awarded is meeting the district's educational standards or the307
method by which such performance criteria will be determined;308

       (d) Factors and criteria to be considered in evaluating309
proposals, the relative importance of each factor or criterion,310
and a description of the evaluation procedures to be followed;311

       (e) Any terms or conditions of the proposed contract,312
including any requirement for a bond and the amount of such bond;313

       (f) Documents that may be incorporated by reference into the314
request for proposals, provided that the request for proposals315
specifies where such documents may be obtained and that such316
documents are readily available to all interested parties.317

       (2) After the date specified for receiving proposals, the318
board shall evaluate the submitted proposals and may hold319
discussions with any respondent to ensure a complete understanding320
of the proposal and the qualifications of such respondent to321
execute the proposed contract. Such qualifications shall include,322
but are not limited to, all of the following:323

       (a) Demonstrated competence in performance of the required324
services as indicated by effective implementation of educational325
programs in reading and mathematics and at least three years of326
experience successfully serving a student population similar to327
the student population assigned to the alternative school;328

       (b) Demonstrated performance in the areas of cost329
containment, the provision of educational services of a high330
quality, and any other areas determined by the board;331

       (c) Whether the respondent has the resources to undertake the332
operation of the alternative school and to provide qualified333
personnel to staff the school;334

       (d) Financial responsibility.335

       (3) The board shall select for further review at least three336
proposals from respondents the board considers qualified to337
operate the alternative school in the best interests of the338
students and the district. If fewer than three proposals are339
submitted, the board shall select each proposal submitted. The340
board may cancel a request for proposals or reject all proposals341
at any time prior to the execution of a contract.342

       The board may hold discussions with any of the three selected343
respondents to clarify or revise the provisions of a proposal or344
the proposed contract to ensure complete understanding between the345
board and the respondent of the terms under which a contract will346
be entered. Respondents shall be accorded fair and equal treatment 347
with respect to any opportunity for discussion regarding348
clarifications or revisions. The board may terminate or349
discontinue any further discussion with a respondent upon written350
notice.351

       (4) Upon further review of the three proposals selected by352
the board, the board shall award a contract to the respondent the353
board considers to have the most merit, taking into consideration354
the scope, complexity, and nature of the services to be performed355
by the respondent under the contract.356

       (5) Except as provided in division (H)(6) of this section,357
the request for proposals, submitted proposals, and related358
documents shall become public records under section 149.43 of the359
Revised Code after the award of the contract.360

       (6) Any respondent may request in writing that the board not361
disclose confidential or proprietary information or trade secrets362
contained in the proposal submitted by the respondent to the363
board. Any such request shall be accompanied by an offer of364
indemnification from the respondent to the board. The board shall365
determine whether to agree to the request and shall inform the366
respondent in writing of its decision. If the board agrees to367
nondisclosure of specified information in a proposal, such368
information shall not become a public record under section 149.43369
of the Revised Code. If the respondent withdraws its proposal at370
any time prior to the execution of a contract, the proposal shall371
not be a public record under section 149.43 of the Revised Code.372

       (I) Upon a recommendation from the department and in373
accordance with section 3301.16 of the Revised Code, the state374
board of education may revoke the charter of any alternative375
school operated by a school district that violates this section.376

       Sec. 3313.672.  (A)(1) At the time of his initial entry to a 377
public or nonpublic school, a pupil shall present to the person in 378
charge of admission any records given himthe pupil by the public 379
or nonpublic elementary or secondary school hethe pupil most 380
recently attended; a certified copy of an order or decree, or381
modification of such an order or decree allocating parental rights 382
and responsibilities for the care of a child and designating a383
residential parent and legal custodian of the child, as provided384
in division (B) of this section, if that type of order or decree385
has been issued; and a certification of birth issued pursuant to386
Chapter 3705. of the Revised Code, a comparable certificate or387
certification issued pursuant to the statutes of another state,388
territory, possession, or nation, or a document in lieu of a389
certificate or certification as described in divisions (A)(1)(a)390
to (e) of this section. Any of the following shall be accepted in 391
lieu of a certificate or certification of birth by the person in 392
charge of admission:393

       (a) A passport or attested transcript of a passport filed394
with a registrar of passports at a point of entry of the United395
States showing the date and place of birth of the child;396

       (b) An attested transcript of the certificate of birth;397

       (c) An attested transcript of the certificate of baptism or 398
other religious record showing the date and place of birth of the 399
child;400

       (d) An attested transcript of a hospital record showing the 401
date and place of birth of the child;402

       (e) A birth affidavit.403

       (2) Within(2)(a) If a pupil requesting admission to a school 404
of the school district in which the pupil is entitled to attend 405
school under section 3313.64 or 3313.65 of the Revised Code has 406
been discharged or released from the custody of the department of 407
youth services under section 5139.51 of the Revised Code just 408
prior to requesting admission to the school, the superintendent of 409
the district shall make a written request to the department of 410
youth services to provide the records described in divisions 411
(D)(4)(a) and (b) of section 2152.18 of the Revised Code to a 412
school psychologist identified in accordance with division 413
(A)(2)(b) of this section.414

        (b) The superintendent shall request that the records be 415
provided only to the following:416

        (i) If the school district employs only one school 417
psychologist, to that school psychologist;418

        (ii) If the school district employs more than one school 419
psychologist, and one of the school psychologists reports directly 420
to the superintendent, to the school psychologist who reports 421
directly to the superintendent;422

        (iii) If the school district employs more than one school 423
psychologist, and more than one of the school psychologists 424
reports directly to the superintendent, to the school psychologist 425
reporting directly to the superintendent who the superintendent 426
designates;427

        (iv) If the school district employs more than one school 428
psychologist but no school psychologist reports directly to the 429
superintendent, to a school psychologist employed by the district 430
who the superintendent designates;431

        (v) If the school district does not employ a school 432
psychologist, but receives the services of a school psychologist 433
from an educational service center or pursuant to a contract for 434
such services, to a school psychologist who the superintendent 435
designates.436

        (c) The superintendent shall include in the request the name 437
and address of the school psychologist to whom the records should 438
be sent.439

        No school official shall admit the pupil until the records 440
described in divisions (D)(4)(a) and (b) of section 2152.18 of the 441
Revised Code have been received by the school psychologist named 442
in the request.443

       (3) Except as otherwise provided in division (A)(2) of this 444
section, within twenty-four hours of the entry into the school of 445
a pupil described in division (A)(1) of this section, a school446
official shall request the pupil's official records from the447
public or nonpublic elementary or secondary school hethe pupil448
most recently attended. If the public or nonpublic school the 449
pupil claims to have most recently attended indicates that it has 450
no record of the pupil's attendance or the records are not 451
received within fourteen days of the date of request, or if the 452
pupil does not present a certification of birth described in 453
division (A)(1) of this section, a comparable certificate or 454
certification from another state, territory, possession, or 455
nation, or another document specified in divisions (A)(1)(a) to 456
(d) of this section, the principal or chief administrative officer 457
of the school shall notify the law enforcement agency having 458
jurisdiction in the area where the pupil resides of this fact and 459
of the possibility that the pupil may be a missing child, as 460
defined in section 2901.30 of the Revised Code.461

       (B) Whenever an order or decree allocating parental rights462
and responsibilities for the care of a child and designating a463
residential parent and legal custodian of the child, including a464
temporary order, is issued resulting from an action of divorce,465
alimony, annulment, or dissolution of marriage, and the order or466
decree pertains to a child who is a pupil in a public or nonpublic 467
school, the residential parent of the child shall notify the 468
school of those allocations and designations by providing the 469
person in charge of admission at the pupil's school with a 470
certified copy of the order or decree that made the allocation and 471
designation. Whenever there is a modification of any order or 472
decree allocating parental rights and responsibilities for the 473
care of a child and designating a residential parent and legal 474
custodian of the child that has been submitted to a school, the 475
residential parent shall provide the person in charge of admission 476
at the pupil's school with a certified copy of the order or decree 477
that makes the modification.478

       (C) If, at the time of a pupil's initial entry to a public or 479
nonpublic school, the pupil is under the care of a shelter for480
victims of domestic violence, as defined in section 3113.33 of the 481
Revised Code, the pupil or histhe pupil's parent shall notify the 482
school of that fact. Upon being so informed, the school shall483
inform the elementary or secondary school from which it requests 484
the pupil's records of that fact.485

       Sec. 5139.05.  (A) The juvenile court may commit any child to 486
the department of youth services as authorized in Chapter 2152. of 487
the Revised Code, provided that any child so committed shall be at 488
least ten years of age at the time of the child's delinquent act, 489
and, if the child is ten or eleven years of age, the delinquent 490
act is a violation of section 2909.03 of the Revised Code or would 491
be aggravated murder, murder, or a first or second degree felony492
offense of violence if committed by an adult. Any order to commit 493
a child to an institution under the control and management of the 494
department shall have the effect of ordering that the child be 495
committed to the department and assigned to an institution as 496
follows:497

       (1) For an indefinite term consisting of the prescribed498
minimum period specified by the court under division (A)(1) of499
section 2152.16 of the Revised Code and a maximum period not to500
exceed the child's attainment of twenty-one years of age, if the501
child was committed pursuant to section 2152.16 of the Revised502
Code;503

       (2) Until the child's attainment of twenty-one years of age,504
if the child was committed for aggravated murder or murder505
pursuant to section 2152.16 of the Revised Code;506

       (3) For a period of commitment that shall be in addition to,507
and shall be served consecutively with and prior to, a period of508
commitment described in division (A)(1) or (2) of this section, if509
the child was committed pursuant to section 2152.17 of the Revised 510
Code;511

       (4) If the child is ten or eleven years of age, to an512
institution, a residential care facility, a residential facility,513
or a facility licensed by the department of job and family514
services that the department of youth services considers best515
designated for the training and rehabilitation of the child and516
protection of the public. The child shall be housed separately517
from children who are twelve years of age or older until the child518
is released or discharged or until the child attains twelve years519
of age, whichever occurs first. Upon the child's attainment of520
twelve years of age, if the child has not been released or521
discharged, the department is not required to house the child522
separately.523

       (B)(1) Except as otherwise provided in section 5139.54 of the 524
Revised Code, the release authority of the department of youth525
services, in accordance with section 5139.51 of the Revised Code526
and at any time after the end of the minimum period specified527
under division (A)(1) of section 2152.16 of the Revised Code, may528
grant the release from custody of any child committed to the529
department.530

       The order committing a child to the department of youth531
services shall state that the child has been adjudicated a532
delinquent child and state the minimum period. The jurisdiction of 533
the court terminates at the end of the minimum period except as 534
follows:535

       (a) In relation to judicial release procedures, supervision, 536
and violations;537

       (b) With respect to functions of the court related to the538
revocation of supervised release that are specified in sections539
5139.51 and 5139.52 of the Revised Code;540

       (c) In relation to its duties relating to serious youthful541
offender dispositional sentences under sections 2152.13 and542
2152.14 of the Revised Code.543

       (2) When a child has been committed to the department under544
section 2152.16 of the Revised Code, the department shall retain545
legal custody of the child until one of the following:546

       (a) The department discharges the child to the exclusive547
management, control, and custody of the child's parent or the548
guardian of the child's person or, if the child is eighteen years549
of age or older, discharges the child.550

       (b) The committing court, upon its own motion, upon petition551
of the parent, guardian of the person, or next friend of a child,552
or upon petition of the department, terminates the department's553
legal custody of the child.554

       (c) The committing court grants the child a judicial release555
to court supervision under section 2152.22 of the Revised Code.556

       (d) The department's legal custody of the child is terminated 557
automatically by the child attaining twenty-one years of age.558

       (e) If the child is subject to a serious youthful offender559
dispositional sentence, the adult portion of that dispositional560
sentence is imposed under section 2152.14 of the Revised Code.561

       (C) When a child is committed to the department of youth562
services, the department may assign the child to a hospital for563
mental, physical, and other examination, inquiry, or treatment for564
the period of time that is necessary. The department may remove565
any child in its custody to a hospital for observation, and a566
complete report of every observation at the hospital shall be made567
in writing and shall include a record of observation, treatment,568
and medical history and a recommendation for future treatment,569
custody, and maintenance. The department shall thereupon order the 570
placement and treatment that it determines to be most conducive to 571
the purposes of Chapters 2151. and 5139. of the Revised Code. The 572
committing court and all public authorities shall make available 573
to the department all pertinent data in their possession with 574
respect to the case.575

       (D) Records maintained by the department of youth services576
pertaining to the children in its custody shall be accessible only577
to department employees, except by consent of the department or,578
upon the order of the judge of a court of record, or as provided 579
in divisions (D)(1) and (2) of this section. These records shall 580
not be considered "public records," as defined in section 149.43 581
of the Revised Code.582

       (1) Except as otherwise provided by a law of this state or 583
the United States, the department of youth services may release584
records that are maintained by the department of youth services585
and that pertain to children in its custody to the department of586
rehabilitation and correction regarding persons who are under the587
jurisdiction of the department of rehabilitation and correction588
and who have previously been committed to the department of youth589
services. The department of rehabilitation and correction may use590
those records for the limited purpose of carrying out the duties591
of the department of rehabilitation and correction. Records592
released by the department of youth services to the department of593
rehabilitation and correction shall remain confidential and shall594
not be considered public records as defined in section 149.43 of595
the Revised Code.596

       (2) The department of youth services shall provide the 597
records described in divisions (D)(4)(a) and (b) of section 598
2152.18 of the Revised Code to the school psychologist named by 599
the school district in which a child discharged or released from 600
the custody of the department is entitled to attend school under 601
section 3313.64 or 3313.65 of the Revised Code. Subject to the 602
provisions of this section and sections 2317.02, 3319.321, and 603
4732.19 of the Revised Code and the Family Educational Rights and 604
Privacy Act, 20 U.S.C. 1232g, as amended, the records released 605
shall remain confidential and shall not be considered public 606
records as defined in section 149.43 of the Revised Code.607

       (E)(1) When a child is committed to the department of youth608
services, the department, orally or in writing, shall notify the609
parent, guardian, or custodian of a child that the parent,610
guardian, or custodian may request at any time from the611
superintendent of the institution in which the child is located612
any of the information described in divisions (E)(1)(a), (b), (c),613
and (d) of this section. The parent, guardian, or custodian may614
provide the department with the name, address, and telephone615
number of the parent, guardian, or custodian, and, until the616
department is notified of a change of name, address, or telephone617
number, the department shall use the name, address, and telephone618
number provided by the parent, guardian, or custodian to provide619
notices or answer inquiries concerning the following information:620

       (a) When the department of youth services makes a permanent621
assignment of the child to a facility, the department, orally or622
in writing and on or before the third business day after the day623
the permanent assignment is made, shall notify the parent,624
guardian, or custodian of the child of the name of the facility to625
which the child has been permanently assigned.626

       If a parent, guardian, or custodian of a child who is627
committed to the department of youth services requests, orally or628
in writing, the department to provide the parent, guardian, or629
custodian with the name of the facility in which the child is630
currently located, the department, orally or in writing and on or631
before the next business day after the day on which the request is632
made, shall provide the name of that facility to the parent,633
guardian, or custodian.634

       (b) If a parent, guardian, or custodian of a child who is635
committed to the department of youth services, orally or in636
writing, asks the superintendent of the institution in which the637
child is located whether the child is being disciplined by the638
personnel of the institution, what disciplinary measure the639
personnel of the institution are using for the child, or why the640
child is being disciplined, the superintendent or the641
superintendent's designee, on or before the next business day642
after the day on which the request is made, shall provide the643
parent, guardian, or custodian with written or oral responses to644
the questions.645

       (c) If a parent, guardian, or custodian of a child who is646
committed to the department of youth services, orally or in647
writing, asks the superintendent of the institution in which the648
child is held whether the child is receiving any medication from649
personnel of the institution, what type of medication the child is650
receiving, or what condition of the child the medication is651
intended to treat, the superintendent or the superintendent's652
designee, on or before the next business day after the day on653
which the request is made, shall provide the parent, guardian, or654
custodian with oral or written responses to the questions.655

       (d) When a major incident occurs with respect to a child who656
is committed to the department of youth services, the department,657
as soon as reasonably possible after the major incident occurs,658
shall notify the parent, guardian, or custodian of the child that659
a major incident has occurred with respect to the child and of all660
the details of that incident that the department has ascertained.661

       (2) The failure of the department of youth services to662
provide any notification required by or answer any requests made663
pursuant to division (E) of this section does not create a cause664
of action against the state.665

       (F) The department of youth services, as a means of666
punishment while the child is in its custody, shall not prohibit a667
child who is committed to the department from seeing that child's668
parent, guardian, or custodian during standard visitation periods669
allowed by the department of youth services unless the670
superintendent of the institution in which the child is held671
determines that permitting that child to visit with the child's672
parent, guardian, or custodian would create a safety risk to that673
child, that child's parents, guardian, or custodian, the personnel674
of the institution, or other children held in that institution.675

       (G) As used in this section:676

       (1) "Permanent assignment" means the assignment or transfer677
for an extended period of time of a child who is committed to the678
department of youth services to a facility in which the child will679
receive training or participate in activities that are directed680
toward the child's successful rehabilitation. "Permanent681
assignment" does not include the transfer of a child to a facility682
for judicial release hearings pursuant to section 2152.22 of the683
Revised Code or for any other temporary assignment or transfer to684
a facility.685

       (2) "Major incident" means the escape or attempted escape of686
a child who has been committed to the department of youth services687
from the facility to which the child is assigned; the return to688
the custody of the department of a child who has escaped or689
otherwise fled the custody and control of the department without690
authorization; the allegation of any sexual activity with a child691
committed to the department; physical injury to a child committed692
to the department as a result of alleged abuse by department693
staff; an accident resulting in injury to a child committed to the694
department that requires medical care or treatment outside the695
institution in which the child is located; the discovery of a696
controlled substance upon the person or in the property of a child697
committed to the department; a suicide attempt by a child698
committed to the department; a suicide attempt by a child699
committed to the department that results in injury to the child700
requiring emergency medical services outside the institution in701
which the child is located; the death of a child committed to the702
department; an injury to a visitor at an institution under the703
control of the department that is caused by a child committed to704
the department; and the commission or suspected commission of an705
act by a child committed to the department that would be an706
offense if committed by an adult.707

       (3) "Sexual activity" has the same meaning as in section708
2907.01 of the Revised Code.709

       (4) "Controlled substance" has the same meaning as in section 710
3719.01 of the Revised Code.711

       (5) "Residential care facility" and "residential facility"712
have the same meanings as in section 2151.011 of the Revised Code.713

       Section 2. That existing sections 2152.18, 3313.533, 714
3313.672, and 5139.05 of the Revised Code are hereby repealed.715

       Section 3.  Section 2152.18 of the Revised Code is presented 716
in this act as a composite of the section as amended by both Sub. 717
H.B. 247 and Sub. H.B. 393 of the 124th General Assembly. The 718
General Assembly, applying the principle stated in division (B) of 719
section 1.52 of the Revised Code that amendments are to be 720
harmonized if reasonably capable of simultaneous operation, finds 721
that the composite is the resulting version of the section in 722
effect prior to the effective date of the section as presented in 723
this act.724