REPRESENTATIVES Widowfield, Husted, Hollister, McGregor, Kearns, Seitz, White, Gilb, Allen, Schmidt, Schneider, Brown, Perry, Cirelli, Reidelbach, Price, Hagan, Flowers, Otterman, Aslanides, Barrett, Beatty, Boccieri, Carano, Carmichael, Clancy, Collier, Daniels, DeBose, Distel, C. Evans, Hartnett, Harwood, Hoops, Hughes, Jerse, Jolivette, Key, Martin, Niehaus, T. Patton, Raussen, Reinhard, Schlichter, Setzer, Sferra, G. Smith, S. Smith, D. Stewart, J. Stewart, Strahorn, Taylor, Ujvagi, Wagner, Walcher, Widener, Williams, Wilson, Wolpert, Woodard, Yates

To amend sections 2151.86, 3107.012, 3107.013,

1

3107.031, 5103.03, 5103.031, 5103.032, 5103.033,

2

5103.035, 5103.037, 5103.038, 5103.039, 5103.0311,

3

5103.0316, 5103.0317, 5120.65, and 5153.60 and to

4

repeal section 5103.0310 of the Revised Code to

5

revise foster caregiver training requirements, add

6

additional offenses to those that disqualify a

7

person as a person responsible for a child's care

8

in out-of-home care or prospective adoptive

9

parent, permit foster caregivers to make

10

application to agencies arranging adoptions, and

11

permit the Department of Job and Family Services

12

to seek injunctive relief in certain

13

circumstances.

14

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

Section 1. That sections 2151.86, 3107.012, 3107.013,	15
3107.031, 5103.03, 5103.031, 5103.032, 5103.033, 5103.035,	16
5103.037, 5103.038, 5103.039, 5103.0311, 5103.0316, 5103.0317,	17
5120.65, and 5153.60 of the Revised Code be amended to read as	18
follows:	19

Sec. 2151.86.  (A)(1) The appointing or hiring officer of any	20
entity that appoints or employs any person responsible for a	21
child's care in out-of-home care shall request the superintendent	22
of BCII to conduct a criminal records check with respect to any	23
person who is under final consideration for appointment or	24
employment as a person responsible for a child's care in	25
out-of-home care.	26

(2) The administrative director of an agency, or attorney,	27
who arranges an adoption for a prospective adoptive parent shall	28
request the superintendent of BCII to conduct a criminal records	29
check with respect to that prospective adoptive parent.	30

(3) Before a recommending agency submits a recommendation to	31
the department of job and family services on whether the	32
department should issue a certificate to a foster home under	33
section 5103.03 of the Revised Code, the administrative director	34
of the agency shall request that the superintendent of BCII	35
conduct a criminal records check with respect to the prospective	36
foster caregiver and all other persons eighteen years of age or	37
older who reside with the foster caregiver.	38

(B) If a person subject to a criminal records check does not	39
present proof that the person has been a resident of this state	40
for the five-year period immediately prior to the date upon which	41
the criminal records check is requested or does not provide	42
evidence that within that five-year period the superintendent of	43
BCII has requested information about the person from the federal	44
bureau of investigation in a criminal records check, the	45
appointing or hiring officer, administrative director, or attorney	46
shall request that the superintendent of BCII obtain information	47
from the federal bureau of investigation as a part of the criminal	48
records check. If the person subject to the criminal records check	49
presents proof that the person has been a resident of this state	50
for that five-year period, the officer, director, or attorney may	51
request that the superintendent of BCII include information from	52
the federal bureau of investigation in the criminal records check.	53

An appointing or hiring officer, administrative director, or	54
attorney required by division (A) of this section to request a	55
criminal records check shall provide to each person subject to a	56
criminal records check a copy of the form prescribed pursuant to	57
division (C)(1) of section 109.572 of the Revised Code and a	58
standard impression sheet to obtain fingerprint impressions	59
prescribed pursuant to division (C)(2) of section 109.572 of the	60
Revised Code, obtain the completed form and impression sheet from	61
the person, and forward the completed form and impression sheet to	62
the superintendent of BCII at the time the criminal records check	63
is requested.	64

Any person subject to a criminal records check who receives	65
pursuant to this division a copy of the form prescribed pursuant	66
to division (C)(1) of section 109.572 of the Revised Code and a	67
copy of an impression sheet prescribed pursuant to division (C)(2)	68
of that section and who is requested to complete the form and	69
provide a set of fingerprint impressions shall complete the form	70
or provide all the information necessary to complete the form and	71
shall provide the impression sheet with the impressions of the	72
person's fingerprints. If a person subject to a criminal records	73
check, upon request, fails to provide the information necessary to	74
complete the form or fails to provide impressions of the person's	75
fingerprints, the appointing or hiring officer shall not appoint	76
or employ the person as a person responsible for a child's care in	77
out-of-home care, a probate court may not issue a final decree of	78
adoption or an interlocutory order of adoption making the person	79
an adoptive parent, and the department of job and family services	80
shall not issue a certificate authorizing the prospective foster	81
caregiver to operate a foster home.	82

(C)(1) No appointing or hiring officer shall appoint or	83
employ a person as a person responsible for a child's care in	84
out-of-home care, the department of job and family services shall	85
not issue a certificate under section 5103.03 of the Revised Code	86
authorizing a prospective foster caregiver to operate a foster	87
home, and no probate court shall issue a final decree of adoption	88
or an interlocutory order of adoption making a person an adoptive	89
parent if the person or, in the case of a prospective foster	90
caregiver, any person eighteen years of age or older who resides	91
with the prospective foster caregiver previously has been	92
convicted of or pleaded guilty to any of the following, unless the	93
person meets rehabilitation standards established in rules adopted	94
under division (F) of this section:	95

(a) A violation of section 2903.01, 2903.02, 2903.03,	96
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	97
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	98
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	99
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	100
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	101
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	102
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a	103
violation of section 2905.04 of the Revised Code as it existed	104
prior to July 1, 1996, a violation of section 2919.23 of the	105
Revised Code that would have been a violation of section 2905.04	106
of the Revised Code as it existed prior to July 1, 1996, had the	107
violation been committed prior to that date, a violation of	108
section 2925.11 of the Revised Code that is not a minor drug	109
possession offense, or felonious sexual penetration in violation	110
of former section 2907.12 of the Revised Code;	111

(b) A violation of an existing or former law of this state,	112
any other state, or the United States that is substantially	113
equivalent to any of the offenses described in division (C)(1)(a)	114
of this section.	115

(2) The department of job and family services shall not issue	116
a certificate under section 5103.03 of the Revised Code	117
authorizing a prospective foster caregiver to operate a foster	118
home if the department has been notified that the foster caregiver	119
or any person eighteen years of age or older who resides with the	120
foster caregiver has been convicted of or pleaded guilty to a	121
violation of one of the following offenses, unless the foster	122
caregiver or other person meets rehabilitation standards	123
established in rules adopted under division (F) of this section:	124

(a) Any offense listed in division (C)(1)(a) of this section	125
or section 2909.02 or 2909.03 of the Revised Code;	126

(b) An existing or former law of this state, any other state,	127
or the United States that is substantially equivalent to any	128
offense listed in division (C)(1)(a) of this section or section	129
2909.02 or 2909.03 of the Revised Code.	130

(3) The appointing or hiring officer may appoint or employ a	131
person as a person responsible for a child's care in out-of-home	132
care conditionally until the criminal records check required by	133
this section is completed and the officer receives the results of	134
the criminal records check. If the results of the criminal records	135
check indicate that, pursuant to division (C)(1) of this section,	136
the person subject to the criminal records check does not qualify	137
for appointment or employment, the officer shall release the	138
person from appointment or employment.	139

(D) The appointing or hiring officer, administrative	140
director, or attorney shall pay to the bureau of criminal	141
identification and investigation the fee prescribed pursuant to	142
division (C)(3) of section 109.572 of the Revised Code for each	143
criminal records check conducted in accordance with that section	144
upon a request pursuant to division (A) of this section. The	145
officer, director, or attorney may charge the person subject to	146
the criminal records check a fee for the costs the officer,	147
director, or attorney incurs in obtaining the criminal records	148
check. A fee charged under this division shall not exceed the	149
amount of fees the officer, director, or attorney pays for the	150
criminal records check. If a fee is charged under this division,	151
the officer, director, or attorney shall notify the person who is	152
the applicant at the time of the person's initial application for	153
appointment or employment, an adoption to be arranged, or a	154
certificate to operate a foster home of the amount of the fee and	155
that, unless the fee is paid, the person who is the applicant will	156
not be considered for appointment or employment or as an adoptive	157
parent or foster caregiver.	158

(E) The report of any criminal records check conducted by the	159
bureau of criminal identification and investigation in accordance	160
with section 109.572 of the Revised Code and pursuant to a request	161
made under division (A) of this section is not a public record for	162
the purposes of section 149.43 of the Revised Code and shall not	163
be made available to any person other than the person who is the	164
subject of the criminal records check or the person's	165
representative; the appointing or hiring officer, administrative	166
director, or attorney requesting the criminal records check or the	167
officer's, director's, or attorney's representative; the	168
department of job and family services or a county department of	169
job and family services; and any court, hearing officer, or other	170
necessary individual involved in a case dealing with the denial of	171
employment, a final decree of adoption or interlocutory order of	172
adoption, or a foster home certificate.	173

(F) The director of job and family services shall adopt rules	174
in accordance with Chapter 119. of the Revised Code to implement	175
this section. The rules shall include rehabilitation standards a	176
person who has been convicted of or pleaded guilty to an offense	177
listed in division (C)(1) or (2) of this section must meet for an	178
appointing or hiring officer to appoint or employ the person as a	179
person responsible for a child's care in out-of-home care, a	180
probate court to issue a final decree of adoption or interlocutory	181
order of adoption making the person an adoptive parent, or the	182
department to issue a certificate authorizing the prospective	183
foster caregiver to operate a foster home.	184

(G) An appointing or hiring officer, administrative director,	185
or attorney required by division (A) of this section to request a	186
criminal records check shall inform each person who is the	187
applicant, at the time of the person's initial application for	188
appointment or employment, an adoption to be arranged, or a foster	189
home certificate, that the person subject to the criminal records	190
check is required to provide a set of impressions of the person's	191
fingerprints and that a criminal records check is required to be	192
conducted and satisfactorily completed in accordance with section	193
109.572 of the Revised Code.	194

(H) As used in this section:

195

(1) "Children's hospital" means any of the following:

196

(a) A hospital registered under section 3701.07 of the	197
Revised Code that provides general pediatric medical and surgical	198
care, and in which at least seventy-five per cent of annual	199
inpatient discharges for the preceding two calendar years were	200
individuals less than eighteen years of age;	201

(b) A distinct portion of a hospital registered under section	202
3701.07 of the Revised Code that provides general pediatric	203
medical and surgical care, has a total of at least one hundred	204
fifty registered pediatric special care and pediatric acute care	205
beds, and in which at least seventy-five per cent of annual	206
inpatient discharges for the preceding two calendar years were	207
individuals less than eighteen years of age;	208

(c) A distinct portion of a hospital, if the hospital is	209
registered under section 3701.07 of the Revised Code as a	210
children's hospital and the children's hospital meets all the	211
requirements of division (H)(3)(a) of this section.	212

(2) "Criminal records check" has the same meaning as in	213
section 109.572 of the Revised Code.	214

(3) "Minor drug possession offense" has the same meaning as	215
in section 2925.01 of the Revised Code.	216

(4) "Person responsible for a child's care in out-of-home	217
care" has the same meaning as in section 2151.011 of the Revised	218
Code, except that it does not include a prospective employee of	219
the department of youth services or a person responsible for a	220
child's care in a hospital or medical clinic other than a	221
children's hospital.	222

(5) "Person subject to a criminal records check" means the	223
following:	224

(a) A person who is under final consideration for appointment	225
or employment as a person responsible for a child's care in	226
out-of-home care;	227

(b) A prospective adoptive parent;

228

(c) A prospective foster caregiver;

229

(d) A person eighteen years old or older who resides with a	230
prospective foster caregiver.	231

(6) "Recommending agency" means a public children services	232
agency, private child placing agency, or private noncustodial	233
agency to which the department of job and family services has	234
delegated a duty to inspect and approve foster homes.	235

(7) "Superintendent of BCII" means the superintendent of the	236
bureau of criminal identification and investigation.	237

Sec. 3107.012.  (A) A foster caregiver who holds a valid	238
foster home certificate issued under section 5103.03 of the	239
Revised Code may use the application prescribed under division (B)	240
of this section to obtain the services of an agency to arrange an	241
adoption for the foster caregiver if theone of the following	242
applies:	243

(1) The foster caregiver seeks to adopt the foster	244
caregiver's foster child who has resided in the foster caregiver's	245
home for at least twelve months prior to the date the foster	246
caregiver submits the application to the agency.	247

(2) The foster caregiver holds a valid foster home	248
certificate issued under section 5103.03 of the Revised Code on or	249
after the effective date of this amendment.	250

(B) The department of job and family services shall prescribe	251
an application for a foster caregiver to use under division (A) of	252
this section. The application shall not require that the foster	253
caregiver provide any information the foster caregiver already	254
provided the department, or undergo an inspection the foster	255
caregiver already underwent, to obtain a foster home certificate	256
under section 5103.03 of the Revised Code.	257

(C) An agency that receives an application prescribed under	258
division (B) of this section from a foster caregiver authorized to	259
use the application shall not require, as a condition of the	260
agency accepting or approving the application, that the foster	261
caregiver undergo a criminal records check under section 2151.86	262
of the Revised Code as a prospective adoptive parent. The agency	263
shall inform the foster caregiver, in accordance with division (G)	264
of section 2151.86 of the Revised Code, that the foster caregiver	265
must undergo the criminal records check before a court may issue a	266
final decree of adoption or interlocutory order of adoption under	267
section 3107.14 of the Revised Code.	268

An agency that receives an application prescribed under	269
division (B) of this section from a foster caregiver who meets the	270
requirements of division (A)(2) of this section shall not require	271
additional training to become a prospective adoptive parent beyond	272
the preplacement training requirements for foster caregivers	273
prescribed in section 5103.031 or 5103.033 of the Revised Code.	274

(D) The department of job and family services shall adopt	275
rules implementing this section.	276

Sec. 3107.013.  An agency arranging an adoption pursuant to	277
an application submitted to the agency under section 3107.012 of	278
the Revised Code for a foster caregiver seeking to adopt the	279
foster caregiver's foster child shall provide the foster caregiver	280
information about adoption, including information about state	281
adoption law, adoption assistance available pursuant to section	282
5153.163 of the Revised Code and Title IV-E of the "Social	283
Security Act," 94 Stat. 501, 42 U.S.C.A. 670 (1980), as amended,	284
the types of behavior that the prospective adoptive parents may	285
anticipate from children who have experienced abuse and neglect,	286
suggested interventions and the assistance available if the child	287
exhibits those types of behavior after adoption, and other	288
adoption issues the department of job and family services	289
identifies. The agency shall provide the information to the foster	290
caregiver in accordance with rules the department of job and	291
family services shall adopt in accordance with Chapter 119. of the	292
Revised Code.	293

Sec. 3107.031.  Except as otherwise provided in this section,	294
an assessor shall conduct a home study for the purpose of	295
ascertaining whether a person seeking to adopt a minor is suitable	296
to adopt. A written report of the home study shall be filed with	297
the court at least ten days before the petition for adoption is	298
heard.	299

The report shall contain the opinion of the assessor as to	300
whether the person who is the subject of the report is suitable to	301
adopt a minor and other information and documents specified in	302
rules adopted by the director of job and family services under	303
section 3107.032 of the Revised Code. The assessor shall not	304
consider the person's age when determining whether the person is	305
suitable to adopt if the person is old enough to adopt as provided	306
by section 3107.03 of the Revised Code.	307

An assessor may request departments or agencies within or	308
outside this state to assist in the home study as may be	309
appropriate and to make a written report to be included with and	310
attached to the report to the court. The assessor shall make	311
similar home studies and reports on behalf of other assessors	312
designated by the courts of this state or another place.	313

Upon order of the court, the costs of the home study and	314
other proceedings shall be paid by the person seeking to adopt,	315
and, if the home study is conducted by a public agency or public	316
employee, the part of the cost representing any services and	317
expenses shall be taxed as costs and paid into the state treasury	318
or county treasury, as the court may direct.	319

On request, the assessor shall provide the person seeking to	320
adopt a copy of the report of the home study. The assessor shall	321
delete from that copy any provisions concerning the opinion of	322
other persons, excluding the assessor, of the person's suitability	323
to adopt a minor.	324

This section does not apply to aeither of the following:

325

(A) A foster caregiver seeking to adopt the foster	326
caregiver's foster child if the foster child has resided in the	327
foster caregiver's home for at least twelve months prior to the	328
date the foster caregiver submits an application prescribed under	329
division (B) of section 3107.012 of the Revised Code to the agency	330
arranging the adoption;	331

(B) A foster caregiver who meets the requirements of division	332
(A)(2) of section 3107.012 of the Revised Code and submits an	333
application prescribed under division (B) of that section to the	334
agency arranging the adoption.	335

Sec. 5103.03.  (A) The director of job and family services	336
shall adopt rules as necessary for the adequate and competent	337
management of institutions or associations.	338

(B)(1) Except for facilities under the control of the	339
department of youth services, places of detention for children	340
established and maintained pursuant to sections 2151.34 to	341
2151.3415 of the Revised Code, and child day-care centers subject	342
to Chapter 5104. of the Revised Code, the department of job and	343
family services every two years shall pass upon the fitness of	344
every institution and association that receives, or desires to	345
receive and care for children, or places children in private	346
homes.	347

(2) When the department of job and family services is	348
satisfied as to the care given such children, and that the	349
requirements of the statutes and rules covering the management of	350
such institutions and associations are being complied with, it	351
shall issue to the institution or association a certificate to	352
that effect. A certificate is valid for two years, unless sooner	353
revoked by the department. When determining whether an institution	354
or association meets a particular requirement for certification,	355
the department may consider the institution or association to have	356
met the requirement if the institution or association shows to the	357
department's satisfaction that it has met a comparable requirement	358
to be accredited by a nationally recognized accreditation	359
organization.	360

(3) The department may issue a temporary certificate valid	361
for less than one year authorizing an institution or association	362
to operate until minimum requirements have been met.	363

(C) The department may revoke a certificate if it finds that	364
the institution or association is in violation of law or rule. No	365
juvenile court shall commit a child to an association or	366
institution that is required to be certified under this section if	367
its certificate has been revoked or, if after revocation, the date	368
of reissue is less than fifteen months prior to the proposed	369
commitment.	370

(D) Every two years, on a date specified by the department,	371
each institution or association desiring certification or	372
recertification shall submit to the department a report showing	373
its condition, management, competency to care adequately for the	374
children who have been or may be committed to it or to whom it	375
provides care or services, the system of visitation it employs for	376
children placed in private homes, and other information the	377
department requires.	378

(E) The department shall, not less than once each year, send	379
a list of certified institutions and associations to each juvenile	380
court and certified association or institution.	381

(F) No person shall receive children or receive or solicit	382
money on behalf of such an institution or association not so	383
certified or whose certificate has been revoked.	384

(G) The director may delegate by rule any duties imposed on	385
it by this section to inspect and approve family foster homes and	386
specialized foster homes to public children services agencies,	387
private child placing agencies, or private noncustodial agencies.	388

(H) If the director of job and family services determines	389
that an institution or association is operating a facility that	390
cares for children is operating without a certificate, the	391
director may petition the court of common pleas in the county in	392
which the facilityinstitution or association is located for an	393
order enjoining theits operation of that facility. The court	394
shall grant injunctive relief upon a showing that the institution	395
or association is operating a facility without a certificate.	396

(I) If both of the following are the case, the director of	397
job and family services may petition the court of common pleas of	398
any county in which an institution or association that holds a	399
certificate under this section operates for an order, and the	400
court may issue an order, preventing the institution or	401
association from receiving additional children into its care or an	402
order removing children from its care:	403

(1) The department has evidence that the life, health, or	404
safety of one or more children in the care of the institution or	405
association is at imminent risk.	406

(2) The department has issued a proposed adjudication order	407
pursuant to Chapter 119. of the Revised Code to deny renewal of or	408
revoke the certificate of the institution or association.	409

Sec. 5103.031. (A) Except as provided in section 5103.033 of	410
the Revised Code, the department of job and family services may	411
not issue a certificate under section 5103.03 of the Revised Code	412
to a foster home unless the foster caregiver successfully	413
completes the following amount of preplacement training through	414
the Ohio child welfare training program or a preplacement training	415
program operated under section 5103.034 of the Revised Code:	416

(1)(A) If the foster home is a family foster home, at least	417
twelvetwenty-four hours;	418

(2)(B) If the foster home is a specialized foster home, at	419
least thirty-six hours.	420

(B) No child may be placed in a family foster home unless the	421
foster caregiver completes at least twelve additional hours of	422
preplacement training through the Ohio child welfare training	423
program or a preplacement training program operated under section	424
5103.034 of the Revised Code.	425

Sec. 5103.032.  (A) Except as provided in divisions (B) and,	426
(C), and (D) of this section and in section 5103.033 of the	427
Revised Code, the department of job and family services may not	428
renew a foster home certificate under section 5103.03 of the	429
Revised Code unless the foster caregiver successfully completes	430
the following amount of continuing training in accordance with the	431
foster caregiver's needs assessment and continuing training plan	432
developed and implemented under section 5103.035 of the Revised	433
Code:	434

(1) If the foster home is a family foster home, at least	435
twentyforty hours each yearin the preceding two-year period;	436

(2) If the foster home is a specialized foster home, at least	437
thirtysixty hours each yearin the preceding two-year period.	438

The continuing training required by this section shall comply	439
with rules the department adopts pursuant to section 5103.0316 of	440
the Revised Code.	441

(B) AAt the beginning of a foster caregiver's two-year	442
certification period, a public children services agency, private	443
child placing agency, or private noncustodial agency acting as a	444
recommending agency for a foster caregiver holding a certificate	445
issued under section 5103.03 of the Revised Code for a family	446
foster home or specialized foster home may waive up to foureight	447
hours of continuing training the foster caregiver is otherwise	448
required by division (A) of this section to complete in a yearin	449
that two-year certification period if all of the following apply:	450

(1) The foster caregiver has provided foster careheld a	451
certificate issued under section 5103.03 of the Revised Code for a	452
family foster home or specialized foster home for at least two	453
years;	454

(2) The foster caregiver has provided foster care for at	455
least ninety days of the twelve months preceding the date the	456
agency issues the waiver;	457

(3) The foster caregiver has not violated any requirements	458
governing certification of foster homes during the twelve months	459
preceding the date the agency issues the waiver;	460

(4) The foster caregiver has complied in full with the needs	461
assessment and continuing training plan developed for the foster	462
caregiver under section 5103.035 of the Revised Code for the	463
preceding certification period.	464

(C) Each recommending agency shall establish and implement a	465
policy regarding good cause for a foster caregiver's failure to	466
complete the continuing training in accordance with division (A)	467
of this section. If the foster caregiver complies with the policy,	468
as determined by the agency, the department may renew the foster	469
caregiver's foster home certificate. The agency shall submit the	470
policy to the department and provide a copy to each foster home	471
the agency recommends for certification or renewal. The policy	472
shall include the following:	473

(1) What constitutes good cause, including documented	474
illness, critical emergencies, and lack of accessible training	475
programs;	476

(2) Procedures for developing a scheduled corrective action	477
plan that provides for prompt completion of the continuing	478
training;	479

(3) Procedures for recommending revocation of the foster home	480
certificate if the foster caregiver fails to comply with the	481
corrective action plan.	482

(D) A foster caregiver who has served in active duty outside	483
Ohio with a branch of the armed forces of the United States for	484
more than thirty days in the preceding two-year period or has	485
served in active duty as a member of the Ohio national guard	486
during an emergency in Ohio that lasted longer than thirty days of	487
the preceding two-year period shall be required to complete a	488
reduced amount of continuing training required under division (A)	489
of this section in accordance with rules adopted by the department	490
of job and family services.	491

Sec. 5103.033.  The department of job and family services may	492
issue or renew a certificate under section 5103.03 of the Revised	493
Code to a foster home for the care of a child who is in the	494
custody of a public children services agency or private child	495
placing agency pursuant to an agreement entered into under section	496
5103.15 of the Revised Code regarding a child who was less than	497
six months of age on the date the agreement was executed if the	498
foster caregiver successfully completes the following amount of	499
training:	500

(A) For an initial certificate, at least twelve hours of	501
preplacement training through the Ohio child welfare training	502
program or a preplacement training program operated under section	503
5103.034 of the Revised Code;	504

(B) For renewal of a certificate, at least twelvetwenty-four	505
hours each yearin the preceding two-year period of continuing	506
training in accordance with the foster caregiver's needs	507
assessment and continuing training plan developed and implemented	508
under section 5103.035 of the Revised Code;	509

(C) For a foster caregiver who has served in active duty	510
outside Ohio with a branch of the armed forces of the United	511
States for more than thirty days of the preceding two-year period	512
or has served in active duty as a member of the Ohio national	513
guard during an emergency in Ohio that lasted longer than thirty	514
days of the preceding two-year period, a reduced amount of	515
continuing training required under division (B) of this section in	516
accordance with rules adopted by the department of job and family	517
services.	518

Sec. 5103.035.  A public children services agency, private	519
child placing agency, or private noncustodial agency acting as a	520
recommending agency for a foster caregiver holding a certificate	521
issued under section 5103.03 of the Revised Code shall develop and	522
implement a written needs assessment and continuing training plan	523
for the foster caregiver. Each needs assessment and continuing	524
training plan shall satisfy all of the following requirements:	525

(A) Be effective for the two-year period the foster	526
caregiver's certificate is in effect;	527

(B) Be appropriate for the type of foster home the foster	528
caregiver operates;	529

(C) Require the foster caregiver to successfully complete the	530
courses each continuing training program must provide as specified	531
training required by the department in rules adopted pursuant to	532
section 5103.0310 or 5103.03115103.0316 of the Revised Code, as	533
appropriate, and any other courses the agency considers	534
appropriate;	535

(D) Include criteria the agency is to use to determine	536
whether the foster caregiver has successfully completed the	537
courses;	538

(E) Guarantee that the courses the foster caregiver is	539
required to complete are available to the foster caregiver at	540
reasonable times and places;	541

(F) Specify whether the agency will waive any of the hours of	542
continuing training the foster caregiver is required by section	543
5103.032 of the Revised Code to complete annually if the foster	544
caregiver satisfies the conditions for the agency to issue a	545
waiver. If the agency will issue a waiver, the agency shall state	546
in the needs assessment and continuing training plan the number of	547
hours of continuing training, not to exceed foureight, that the	548
agency will waive.	549

Sec. 5103.037.  The department of job and family services, in	550
consultation with the departments of youth services, mental	551
health, education, mental retardation and developmental	552
disabilities, and alcohol and drug addiction services, shall	553
develop a model design of a preplacement training program for	554
foster caregivers seeking an initial certificate under section	555
5103.03 of the Revised Code and a model design of a continuing	556
training program for foster caregivers seeking renewal of a	557
certificate under that section. The model design of a preplacement	558
training program shall comply with section 5103.039 of the Revised	559
Code. The model design of a continuing training program shall	560
comply with rules adopted pursuant to division (C) of section	561
5103.03105103.0316 of the Revised Code. The department of job and	562
family services shall make the model designs available to public	563
children services agencies, private child placing agencies, and	564
private noncustodial agencies.	565

Sec. 5103.038.  (A) Every other year by a date specified in	566
rules adopted under section 5103.0316 of the Revised Code, each	567
public children services agency, private child placing agency, and	568
private noncustodial agency that seeks to operate a preplacement	569
training program or continuing training program under section	570
5103.034 of the Revised Code shall submit to the department of job	571
and family services a proposal outlining the program. The proposal	572
may be the same as, a modification of, or different from, a model	573
design developed under section 5103.037 of the Revised Code. The	574
proposal shall include a budget for the program regarding the cost	575
associated with trainers, obtaining sites at which the training is	576
provided, and the administration of the training. The budget shall	577
be consistent with rules adopted under section 5103.0316 of the	578
Revised Code governing the department of job and family services'	579
reimbursement of public children services agencies, private child	580
placing agencies, and private noncustodial agencies under section	581
5103.0313 of the Revised Code.	582

(B) Not later than thirty days after receiving a proposal	583
under division (A) of this section, the department shall either	584
approve or disapprove the proposed program. The department shall	585
approve a proposed preplacement training program if it complies	586
with section 5103.039 or 5103.03105103.0311 of the Revised Code,	587
as appropriate, and, in the case of a proposal submitted by an	588
agency operating a preplacement training program at the time the	589
proposal is submitted, the department is satisfied with the	590
agency's operation of the program. The department shall approve a	591
proposed continuing training program if it complies with rules	592
adopted pursuant to division (C) of section 5103.0310 or 5103.0311	593
5103.0316 of the Revised Code, as appropriate, and, in the case of	594
a proposal submitted by an agency operating a continuing training	595
program at the time the proposal is submitted, the department is	596
satisfied with the agency's operation of the program. The	597
department shall disapprove a proposed program if the program's	598
budget is not consistent with rules adopted under section	599
5103.0316 of the Revised Code governing the department's	600
reimbursement of public children services agencies, private child	601
placing agencies, and private noncustodial agencies under section	602
5103.0313 of the Revised Code. If the department disapproves a	603
proposal, it shall provide the reason for disapproval to the	604
agency that submitted the proposal and advise the agency of how to	605
revise the proposal so that the department can approve it.	606

(C) The department's approval under division (B) of this	607
section of a proposed preplacement training program or continuing	608
training program is valid only for two years following the year	609
the proposal for the program is submitted to the department under	610
division (A) of this section.	611

Sec. 5103.039.  Except for preplacement training programs	612
described in section 5103.0311 of the Revised Code, a preplacement	613
training program shall consist of courses in the role of foster	614
caregivers as a part of the care and treatment of foster children.	615
A foster caregiver shall complete all of the courses, which shall	616
address all of the following:	617

(A) The legal rights and responsibilities of foster	618
caregivers;	619

(B) Public children services agencies, private child placing	620
agencies, and private noncustodial agencies' policies and	621
procedures regarding foster caregivers;	622

(C) The department of job and family services' requirements	623
for certifying foster homes;	624

(D) The effects placement, separation, and attachment issues	625
have on children, their families, and foster caregivers;	626

(E) Foster caregivers' involvement in permanency planning for	627
children and their families;	628

(F) The effects of physical abuse, sexual abuse, emotional	629
abuse, neglect, and substance abuse on normal human growth and	630
development;	631

(G) Behavior management techniques;

632

(H) Effects of caregiving on children's families;

633

(I) Cultural issues in placement;

634

(J) Prevention, recognition, and management of communicable	635
diseases;	636

(K) Community health and social services available to	637
children and their families;	638

(L) Cardiopulmonary resuscitation and first aid;

639

(M) The substance of section 2151.622152.72 of the Revised	640
Code. A course addressing section 2151.622152.72 of the Revised	641
Code shall be not less than one hour long.	642

(N) In the case of a preplacement training program for a	643
foster caregiver seeking certification for a specializedtreatment	644
foster home, additional issues specific to the types of children	645
placed in specializedtreatment foster homes, including	646
appropriate behavioral intervention techniques, such as	647
de-escalation, self-defense, and physical restraint techniques and	648
the appropriate use of physical restraints and up to eight hours	649
of special education surrogate parent trainingsuch techniques.	650

Sec. 5103.0311.  (A) A preplacement training program for	651
foster caregivers described in section 5103.033 of the Revised	652
Code shall consist of courses that address all of the following:	653

(1) The legal rights and responsibilities of foster	654
caregivers;	655

(2) The policies and procedures of public children services	656
agencies, private child placing agencies, and private noncustodial	657
agencies regarding foster caregivers;	658

(3) The department of job and family services' requirements	659
for certifying foster homes;	660

(4) Infant care;

661

(5) Cardiopulmonary resuscitation and first aid;

662

(6) Early childhood development.

663

(B) A continuing training program for foster caregivers	664
described in section 5103.033 of the Revised Code shall consist of	665
courses that address both of the following:	666

(1) Infant care;

667

(2) Early childhood development, including developmentally	668
appropriate activitiesmeet the requirements of rules adopted	669
pursuant to section 5103.0316 of the Revised Code.	670

Sec. 5103.0316. Not later than ninety days after January 1,	671
2001, theThe department of job and family services shall adopt	672
rules in accordance with Chapter 119. of the Revised Code as	673
necessary for the efficient administration of sections 5103.031 to	674
5103.0316 of the Revised Code. The rules shall provide for all of	675
the following:	676

(A) For the purpose of section 5103.038 of the Revised Code,	677
the date by which a public children services agency, private child	678
placing agency, or private noncustodial agency that seeks to	679
operate a preplacement training program or continuing training	680
program under section 5103.034 of the Revised Code must submit to	681
the department a proposal outlining the program;	682

(B) Requirements governing the department's reimbursement of	683
the Ohio child welfare training program and public children	684
services agencies, private child placing agencies, and private	685
noncustodial agencies under sections 5103.0312 and 5103.0313 of	686
the Revised Code;	687

(C) Requirements governing the continuing training required	688
by sections 5103.032 and 5103.033 of the Revised Code.	689

(D) Any other matter the department considers appropriate.

690

Sec. 5103.0317.  A foster home may not receive more than five	691
children apart from their parents, guardian, or custodian, except	692
in order toany of the following circumstances:	693

(A) To accommodate a sibling group or the remaining members	694
of a sibling group;	695

(B) When the additional child or children are related to the	696
foster caregiver by blood or marriage;	697

(C) When the additional child or children are foster children	698
who previously resided in the foster home;	699

(D) When the additional child or children are the children of	700
a foster child who resides in the foster home.	701

Sec. 5120.65.  (A) The department of rehabilitation and	702
correction may establish in one or more of the institutions for	703
women operated by the department a prison nursery program under	704
which eligible inmates and children born to them while in the	705
custody of the department may reside together in the institution.	706
If the department establishes a prison nursery program in one or	707
more institutions under this section, sections 5120.651 to	708
5120.657 of the Revised Code apply regarding the program. If the	709
department establishes a prison nursery program and an inmate	710
participates in the program, neither the inmate's participation in	711
the program nor any provision of sections 5120.65 to 5120.658	712
5120.657 of the Revised Code affects, modifies, or interferes with	713
the inmate's custodial rights of the child or establishes legal	714
custody of the child with the department.	715

(B) As used in sections 5120.651 to 5120.657 of the Revised	716
Code:	717

(1) "Prison nursery program" means the prison nursery program	718
established by the department of rehabilitation and correction	719
under this section, if one is so established.	720

(2) "Public assistance" has the same meaning as in section	721
5101.58 of the Revised Code.	722

(3) "Support" means amounts to be paid under a support order.

723

(4) "Support order" has the same meaning as in section	724
3113.213119.01 of the Revised Code.	725

Sec. 5153.60.  The department of job and family services	726
shall establish a statewide program that provides the training	727
section 5153.122 of the Revised Code requires public children	728
services agency caseworkers and supervisors to complete. The	729
program may also provide the preplacement and continuing training	730
described in sections 5103.039, 5103.0310, and 5103.0311 of the	731
Revised Code that foster caregivers are required by sections	732
5103.031, 5103.032, and 5103.033 of the Revised Code to obtain.	733
The program shall be called the "Ohio child welfare training	734
program."	735

Section 2. That existing sections 2151.86, 3107.012,	736
3107.013, 3107.031, 5103.03, 5103.031, 5103.032, 5103.033,	737
5103.035, 5103.037, 5103.038, 5103.039, 5103.0311, 5103.0316,	738
5103.0317, 5120.65, and 5153.60 and section        Sec. 5103.0310.  of the	739
Revised Code are hereby repealed.	740