SENATORS Wachtmann, Brady, DiDonato, Fedor, Robert Gardner, Prentiss, Roberts

To amend sections 109.572, 2151.86, 5103.02, 5103.03,

1

5103.031, 5103.032, 5103.033, 5103.035, 5103.037,

2

5103.038, 5103.039, 5103.0311, 5103.0316,

3

5103.0317, 5120.65, and 5153.60 and to repeal

4

section 5103.0310 of the Revised Code and to

5

repeal Section 160 of Am. Sub. H.B. 95 of the

6

125th General Assembly to revise foster caregiver

7

training requirements, add additional offenses to

8

those that disqualify a person as a person

9

responsible for a child's care in out-of-home care

10

or prospective adoptive parent, permit the

11

Department of Job and Family Services to seek

12

injunctive relief in certain circumstances, and

13

eliminate the duty of the Legislative Office of

14

Education Oversight to review certain types of

15

Head Start agreements.

16

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

Section 1. That sections 109.572, 2151.86, 5103.02, 5103.03,	17
5103.031, 5103.032, 5103.033, 5103.035, 5103.037, 5103.038,	18
5103.039, 5103.0311, 5103.0316, 5103.0317, 5120.65, and 5153.60 of	19
the Revised Code be amended to read as follows:	20

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	21
section 2151.86, 3301.32, 3301.541, 3319.39, 5104.012, 5104.013,	22
or 5153.111 of the Revised Code, a completed form prescribed	23
pursuant to division (C)(1) of this section, and a set of	24
fingerprint impressions obtained in the manner described in	25
division (C)(2) of this section, the superintendent of the bureau	26
of criminal identification and investigation shall conduct a	27
criminal records check in the manner described in division (B) of	28
this section to determine whether any information exists that	29
indicates that the person who is the subject of the request	30
previously has been convicted of or pleaded guilty to any of the	31
following:	32

(a) A violation of section 2903.01, 2903.02, 2903.03,	33
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	34
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	35
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	36
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	37
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	38
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	39
2925.06, or 3716.11 of the Revised Code, felonious sexual	40
penetration in violation of former section 2907.12 of the Revised	41
Code, a violation of section 2905.04 of the Revised Code as it	42
existed prior to July 1, 1996, a violation of section 2919.23 of	43
the Revised Code that would have been a violation of section	44
2905.04 of the Revised Code as it existed prior to July 1, 1996,	45
had the violation been committed prior to that date, or a	46
violation of section 2925.11 of the Revised Code that is not a	47
minor drug possession offense;	48

(b) A violation of an existing or former law of this state,	49
any other state, or the United States that is substantially	50
equivalent to any of the offenses listed in division (A)(1)(a) of	51
this section.	52

(2) On receipt of a request pursuant to section 5123.081 of	53
the Revised Code with respect to an applicant for employment in	54
any position with the department of mental retardation and	55
developmental disabilities, pursuant to section 5126.28 of the	56
Revised Code with respect to an applicant for employment in any	57
position with a county board of mental retardation and	58
developmental disabilities, or pursuant to section 5126.281 of the	59
Revised Code with respect to an applicant for employment in a	60
direct services position with an entity contracting with a county	61
board for employment, a completed form prescribed pursuant to	62
division (C)(1) of this section, and a set of fingerprint	63
impressions obtained in the manner described in division (C)(2) of	64
this section, the superintendent of the bureau of criminal	65
identification and investigation shall conduct a criminal records	66
check. The superintendent shall conduct the criminal records check	67
in the manner described in division (B) of this section to	68
determine whether any information exists that indicates that the	69
person who is the subject of the request has been convicted of or	70
pleaded guilty to any of the following:	71

(a) A violation of section 2903.01, 2903.02, 2903.03,	72
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	73
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	74
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	75
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	76
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	77
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, or	78
3716.11 of the Revised Code;	79

(b) An existing or former municipal ordinance or law of this	80
state, any other state, or the United States that is substantially	81
equivalent to any of the offenses listed in division (A)(2)(a) of	82
this section.	83

(3) On receipt of a request pursuant to section 173.41,	84
3712.09, 3721.121, or 3722.151 of the Revised Code, a completed	85
form prescribed pursuant to division (C)(1) of this section, and a	86
set of fingerprint impressions obtained in the manner described in	87
division (C)(2) of this section, the superintendent of the bureau	88
of criminal identification and investigation shall conduct a	89
criminal records check with respect to any person who has applied	90
for employment in a position that involves providing direct care	91
to an older adult. The superintendent shall conduct the criminal	92
records check in the manner described in division (B) of this	93
section to determine whether any information exists that indicates	94
that the person who is the subject of the request previously has	95
been convicted of or pleaded guilty to any of the following:	96

(a) A violation of section 2903.01, 2903.02, 2903.03,	97
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	98
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	99
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	100
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	101
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	102
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	103
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	104
2925.22, 2925.23, or 3716.11 of the Revised Code;	105

(b) An existing or former law of this state, any other state,	106
or the United States that is substantially equivalent to any of	107
the offenses listed in division (A)(3)(a) of this section.	108

(4) On receipt of a request pursuant to section 3701.881 of	109
the Revised Code with respect to an applicant for employment with	110
a home health agency as a person responsible for the care,	111
custody, or control of a child, a completed form prescribed	112
pursuant to division (C)(1) of this section, and a set of	113
fingerprint impressions obtained in the manner described in	114
division (C)(2) of this section, the superintendent of the bureau	115
of criminal identification and investigation shall conduct a	116
criminal records check. The superintendent shall conduct the	117
criminal records check in the manner described in division (B) of	118
this section to determine whether any information exists that	119
indicates that the person who is the subject of the request	120
previously has been convicted of or pleaded guilty to any of the	121
following:	122

(a) A violation of section 2903.01, 2903.02, 2903.03,	123
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	124
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	125
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	126
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	127
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	128
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	129
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	130
violation of section 2925.11 of the Revised Code that is not a	131
minor drug possession offense;	132

(b) An existing or former law of this state, any other state,	133
or the United States that is substantially equivalent to any of	134
the offenses listed in division (A)(4)(a) of this section.	135

(5) On receipt of a request pursuant to section 5111.95 or	136
5111.96 of the Revised Code with respect to an applicant for	137
employment with a waiver agency participating in a department of	138
job and family services administered home and community-based	139
waiver program or an independent provider participating in a	140
department administered home and community-based waiver program in	141
a position that involves providing home and community-based waiver	142
services to consumers with disabilities, a completed form	143
prescribed pursuant to division (C)(1) of this section, and a set	144
of fingerprint impressions obtained in the manner described in	145
division (C)(2) of this section, the superintendent of the bureau	146
of criminal identification and investigation shall conduct a	147
criminal records check. The superintendent shall conduct the	148
criminal records check in the manner described in division (B) of	149
this section to determine whether any information exists that	150
indicates that the person who is the subject of the request	151
previously has been convicted of or pleaded guilty to any of the	152
following:	153

(a) A violation of section 2903.01, 2903.02, 2903.03,	154
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	155
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	156
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	157
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	158
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13,	159
2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40,	160
2913.43, 2913.47, 2913.51, 2919.12, 2919.24, 2919.25, 2921.36,	161
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	162
2925.06, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the	163
Revised Code, felonious sexual penetration in violation of former	164
section 2907.12 of the Revised Code, a violation of section	165
2905.04 of the Revised Code as it existed prior to July 1, 1996, a	166
violation of section 2919.23 of the Revised Code that would have	167
been a violation of section 2905.04 of the Revised Code as it	168
existed prior to July 1, 1996, had the violation been committed	169
prior to that date;	170

(b) An existing or former law of this state, any other state,	171
or the United States that is substantially equivalent to any of	172
the offenses listed in division (A)(5)(a) of this section.	173

(6) On receipt of a request pursuant to section 3701.881 of	174
the Revised Code with respect to an applicant for employment with	175
a home health agency in a position that involves providing direct	176
care to an older adult, a completed form prescribed pursuant to	177
division (C)(1) of this section, and a set of fingerprint	178
impressions obtained in the manner described in division (C)(2) of	179
this section, the superintendent of the bureau of criminal	180
identification and investigation shall conduct a criminal records	181
check. The superintendent shall conduct the criminal records check	182
in the manner described in division (B) of this section to	183
determine whether any information exists that indicates that the	184
person who is the subject of the request previously has been	185
convicted of or pleaded guilty to any of the following:	186

(a) A violation of section 2903.01, 2903.02, 2903.03,	187
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	188
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	189
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	190
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	191
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	192
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	193
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	194
2925.22, 2925.23, or 3716.11 of the Revised Code;	195

(b) An existing or former law of this state, any other state,	196
or the United States that is substantially equivalent to any of	197
the offenses listed in division (A)(6)(a) of this section.	198

(7) When conducting a criminal records check upon a request	199
pursuant to section 3319.39 of the Revised Code for an applicant	200
who is a teacher, in addition to the determination made under	201
division (A)(1) of this section, the superintendent shall	202
determine whether any information exists that indicates that the	203
person who is the subject of the request previously has been	204
convicted of or pleaded guilty to any offense specified in section	205
3319.31 of the Revised Code.	206

(8) When conducting a criminal records check onOn a request	207
pursuant to section 2151.86 of the Revised Code for a person who	208
is a prospective foster caregiver or who is eighteen years old or	209
older and resides in the home of a prospective foster caregiver,	210
the superintendent, in addition to the determination made under	211
division (A)(1) of this section, shall, a completed form	212
prescribed pursuant to division (C)(1) of this section, and a set	213
of fingerprint impressions obtained in the manner described in	214
division (C)(2) of this section, the superintendent of the bureau	215
of criminal identification and investigation shall conduct a	216
criminal records check in the manner described in division (B) of	217
this section to determine whether any information exists that	218
indicates that the person who is the subject of the request	219
previously has been convicted of or pleaded guilty to a violation	220
any of the following:	221

(a) SectionA violation of section 2903.01, 2903.02, 2903.03,	222
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	223
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	224
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	225
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02	226
or, 2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	227
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	228
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a	229
violation of section 2905.04 of the Revised Code as it existed	230
prior to July 1, 1996, a violation of section 2919.23 of the	231
Revised Code that would have been a violation of section 2905.04	232
of the Revised Code as it existed prior to July 1, 1996, had the	233
violation been committed prior to that date, a violation of	234
section 2925.11 of the Revised Code that is not a minor drug	235
possession offense, or felonious sexual penetration in violation	236
of former section 2907.12 of the Revised Code;	237

(b) AnA violation of an existing or former law of this	238
state, any other state, or the United States that is substantially	239
equivalent to any of the offenses listed in division (A)(8)(a) of	240
this section 2909.02 or 2909.03 of the Revised Code.	241

(9) Not later than thirty days after the date the	242
superintendent receives the request, completed form, and	243
fingerprint impressions, the superintendent shall send the person,	244
board, or entity that made the request any information, other than	245
information the dissemination of which is prohibited by federal	246
law, the superintendent determines exists with respect to the	247
person who is the subject of the request that indicates that the	248
person previously has been convicted of or pleaded guilty to any	249
offense listed or described in division (A)(1), (2), (3), (4),	250
(5), (6), (7), or (8) of this section, as appropriate. The	251
superintendent shall send the person, board, or entity that made	252
the request a copy of the list of offenses specified in division	253
(A)(1), (2), (3), (4), (5), (6), (7), or (8) of this section, as	254
appropriate. If the request was made under section 3701.881 of the	255
Revised Code with regard to an applicant who may be both	256
responsible for the care, custody, or control of a child and	257
involved in providing direct care to an older adult, the	258
superintendent shall provide a list of the offenses specified in	259
divisions (A)(4) and (6) of this section.	260

(B) The superintendent shall conduct any criminal records	261
check requested under section 173.41, 2151.86, 3301.32, 3301.541,	262
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012,	263
5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or	264
5153.111 of the Revised Code as follows:	265

(1) The superintendent shall review or cause to be reviewed	266
any relevant information gathered and compiled by the bureau under	267
division (A) of section 109.57 of the Revised Code that relates to	268
the person who is the subject of the request, including any	269
relevant information contained in records that have been sealed	270
under section 2953.32 of the Revised Code;	271

(2) If the request received by the superintendent asks for	272
information from the federal bureau of investigation, the	273
superintendent shall request from the federal bureau of	274
investigation any information it has with respect to the person	275
who is the subject of the request and shall review or cause to be	276
reviewed any information the superintendent receives from that	277
bureau;	278

(3) The superintendent or the superintendent's designee may	279
request criminal history records from other states or the federal	280
government pursuant to the national crime prevention and privacy	281
compact set forth in section 109.571 of the Revised Code.	282

(C)(1) The superintendent shall prescribe a form to obtain	283
the information necessary to conduct a criminal records check from	284
any person for whom a criminal records check is required by	285
section 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	286
3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5111.95, 5111.96,	287
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The	288
form that the superintendent prescribes pursuant to this division	289
may be in a tangible format, in an electronic format, or in both	290
tangible and electronic formats.	291

(2) The superintendent shall prescribe standard impression	292
sheets to obtain the fingerprint impressions of any person for	293
whom a criminal records check is required by section 173.41,	294
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	295
3722.151, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28,	296
5126.281, or 5153.111 of the Revised Code. Any person for whom a	297
records check is required by any of those sections shall obtain	298
the fingerprint impressions at a county sheriff's office,	299
municipal police department, or any other entity with the ability	300
to make fingerprint impressions on the standard impression sheets	301
prescribed by the superintendent. The office, department, or	302
entity may charge the person a reasonable fee for making the	303
impressions. The standard impression sheets the superintendent	304
prescribes pursuant to this division may be in a tangible format,	305
in an electronic format, or in both tangible and electronic	306
formats.	307

(3) Subject to division (D) of this section, the	308
superintendent shall prescribe and charge a reasonable fee for	309
providing a criminal records check requested under section 173.41,	310
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	311
3722.151, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28,	312
5126.281, or 5153.111 of the Revised Code. The person making a	313
criminal records request under section 173.41, 2151.86, 3301.32,	314
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151,	315
5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281,	316
or 5153.111 of the Revised Code shall pay the fee prescribed	317
pursuant to this division. A person making a request under section	318
3701.881 of the Revised Code for a criminal records check for an	319
applicant who may be both responsible for the care, custody, or	320
control of a child and involved in providing direct care to an	321
older adult shall pay one fee for the request.	322

(4) The superintendent of the bureau of criminal	323
identification and investigation may prescribe methods of	324
forwarding fingerprint impressions and information necessary to	325
conduct a criminal records check, which methods shall include, but	326
not be limited to, an electronic method.	327

(D) A determination whether any information exists that	328
indicates that a person previously has been convicted of or	329
pleaded guilty to any offense listed or described in division	330
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	331
(b), (A)(5)(a) or (b), (A)(6), (A)(7)(a) or (b), or (A)(8)(a) or	332
(b) of this section that is made by the superintendent with	333
respect to information considered in a criminal records check in	334
accordance with this section is valid for the person who is the	335
subject of the criminal records check for a period of one year	336
from the date upon which the superintendent makes the	337
determination. During the period in which the determination in	338
regard to a person is valid, if another request under this section	339
is made for a criminal records check for that person, the	340
superintendent shall provide the information that is the basis for	341
the superintendent's initial determination at a lower fee than the	342
fee prescribed for the initial criminal records check.	343

(E) As used in this section:

344

(1) "Criminal records check" means any criminal records check	345
conducted by the superintendent of the bureau of criminal	346
identification and investigation in accordance with division (B)	347
of this section.	348

(2) "Home and community-based waiver services" and "waiver	349
agency" have the same meanings as in section 5111.95 of the	350
Revised Code.	351

(3) "Independent provider" has the same meaning as in section	352
5111.96 of the Revised Code.	353

(4) "Minor drug possession offense" has the same meaning as	354
in section 2925.01 of the Revised Code.	355

(5) "Older adult" means a person age sixty or older.

356

Sec. 2151.86.  (A)(1) The appointing or hiring officer of any	357
entity that appoints or employs any person responsible for a	358
child's care in out-of-home care shall request the superintendent	359
of BCII to conduct a criminal records check with respect to any	360
person who is under final consideration for appointment or	361
employment as a person responsible for a child's care in	362
out-of-home care.	363

(2) The administrative director of an agency, or attorney,	364
who arranges an adoption for a prospective adoptive parent shall	365
request the superintendent of BCII to conduct a criminal records	366
check with respect to that prospective adoptive parent and all	367
persons eighteen years of age or older who reside with the	368
prospective adoptive parent.	369

(3) Before a recommending agency submits a recommendation to	370
the department of job and family services on whether the	371
department should issue a certificate to a foster home under	372
section 5103.03 of the Revised Code, the administrative director	373
of the agency shall request that the superintendent of BCII	374
conduct a criminal records check with respect to the prospective	375
foster caregiver and all other persons eighteen years of age or	376
older who reside with the foster caregiver.	377

(B) If a person subject to a criminal records check does not	378
present proof that the person has been a resident of this state	379
for the five-year period immediately prior to the date upon which	380
the criminal records check is requested or does not provide	381
evidence that within that five-year period the superintendent of	382
BCII has requested information about the person from the federal	383
bureau of investigation in a criminal records check, the	384
appointing or hiring officer, administrative director, or attorney	385
shall request that the superintendent of BCII obtain information	386
from the federal bureau of investigation as a part of the criminal	387
records check. If the person subject to the criminal records check	388
presents proof that the person has been a resident of this state	389
for that five-year period, the officer, director, or attorney may	390
request that the superintendent of BCII include information from	391
the federal bureau of investigation in the criminal records check.	392

An appointing or hiring officer, administrative director, or	393
attorney required by division (A) of this section to request a	394
criminal records check shall provide to each person subject to a	395
criminal records check a copy of the form prescribed pursuant to	396
division (C)(1) of section 109.572 of the Revised Code and a	397
standard impression sheet to obtain fingerprint impressions	398
prescribed pursuant to division (C)(2) of section 109.572 of the	399
Revised Code, obtain the completed form and impression sheet from	400
the person, and forward the completed form and impression sheet to	401
the superintendent of BCII at the time the criminal records check	402
is requested.	403

Any person subject to a criminal records check who receives	404
pursuant to this division a copy of the form prescribed pursuant	405
to division (C)(1) of section 109.572 of the Revised Code and a	406
copy of an impression sheet prescribed pursuant to division (C)(2)	407
of that section and who is requested to complete the form and	408
provide a set of fingerprint impressions shall complete the form	409
or provide all the information necessary to complete the form and	410
shall provide the impression sheet with the impressions of the	411
person's fingerprints. If a person subject to a criminal records	412
check, upon request, fails to provide the information necessary to	413
complete the form or fails to provide impressions of the person's	414
fingerprints, the appointing or hiring officer shall not appoint	415
or employ the person as a person responsible for a child's care in	416
out-of-home care, a probate court may not issue a final decree of	417
adoption or an interlocutory order of adoption making the person	418
an adoptive parent, and the department of job and family services	419
shall not issue a certificate authorizing the prospective foster	420
caregiver to operate a foster home.	421

(C)(1) No appointing or hiring officer shall appoint or	422
employ a person as a person responsible for a child's care in	423
out-of-home care, the department of job and family services shall	424
not issue a certificate under section 5103.03 of the Revised Code	425
authorizing a prospective foster caregiver to operate a foster	426
home, and no probate court shall issue a final decree of adoption	427
or an interlocutory order of adoption making a person an adoptive	428
parent if the person or, in the case of a prospective foster	429
caregiver or prospective adoptive parent, any person eighteen	430
years of age or older who resides with the prospective foster	431
caregiver or prospective adoptive parent previously has been	432
convicted of or pleaded guilty to any of the following, unless the	433
person meets rehabilitation standards established in rules adopted	434
under division (F) of this section:	435

(a) A violation of section 2903.01, 2903.02, 2903.03,	436
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	437
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	438
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	439
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	440
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	441
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	442
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a	443
violation of section 2905.04 of the Revised Code as it existed	444
prior to July 1, 1996, a violation of section 2919.23 of the	445
Revised Code that would have been a violation of section 2905.04	446
of the Revised Code as it existed prior to July 1, 1996, had the	447
violation been committed prior to that date, a violation of	448
section 2925.11 of the Revised Code that is not a minor drug	449
possession offense, or felonious sexual penetration in violation	450
of former section 2907.12 of the Revised Code;	451

(b) A violation of an existing or former law of this state,	452
any other state, or the United States that is substantially	453
equivalent to any of the offenses described in division (C)(1)(a)	454
of this section.	455

(2) The department of job and family services shall not issue	456
a certificate under section 5103.03 of the Revised Code	457
authorizing a prospective foster caregiver to operate a foster	458
home if the department has been notified that the foster caregiver	459
or any person eighteen years of age or older who resides with the	460
foster caregiver has been convicted of or pleaded guilty to a	461
violation of one of the following offenses, unless the foster	462
caregiver or other person meets rehabilitation standards	463
established in rules adopted under division (F) of this section:	464

(a) Any offense listed in division (C)(1)(a) of this section	465
or section 2909.02 or 2909.03 of the Revised Code;	466

(b) An existing or former law of this state, any other state,	467
or the United States that is substantially equivalent to any	468
offense listed in division (C)(1)(a) of this section or section	469
2909.02 or 2909.03 of the Revised Code.	470

(3) The appointing or hiring officer may appoint or employ a	471
person as a person responsible for a child's care in out-of-home	472
care conditionally until the criminal records check required by	473
this section is completed and the officer receives the results of	474
the criminal records check. If the results of the criminal records	475
check indicate that, pursuant to division (C)(1) of this section,	476
the person subject to the criminal records check does not qualify	477
for appointment or employment, the officer shall release the	478
person from appointment or employment.	479

(D) The appointing or hiring officer, administrative	480
director, or attorney shall pay to the bureau of criminal	481
identification and investigation the fee prescribed pursuant to	482
division (C)(3) of section 109.572 of the Revised Code for each	483
criminal records check conducted in accordance with that section	484
upon a request pursuant to division (A) of this section. The	485
officer, director, or attorney may charge the person subject to	486
the criminal records check a fee for the costs the officer,	487
director, or attorney incurs in obtaining the criminal records	488
check. A fee charged under this division shall not exceed the	489
amount of fees the officer, director, or attorney pays for the	490
criminal records check. If a fee is charged under this division,	491
the officer, director, or attorney shall notify the person who is	492
the applicant at the time of the person's initial application for	493
appointment or employment, an adoption to be arranged, or a	494
certificate to operate a foster home of the amount of the fee and	495
that, unless the fee is paid, the person who is the applicant will	496
not be considered for appointment or employment or as an adoptive	497
parent or foster caregiver.	498

(E) The report of any criminal records check conducted by the	499
bureau of criminal identification and investigation in accordance	500
with section 109.572 of the Revised Code and pursuant to a request	501
made under division (A) of this section is not a public record for	502
the purposes of section 149.43 of the Revised Code and shall not	503
be made available to any person other than the person who is the	504
subject of the criminal records check or the person's	505
representative; the appointing or hiring officer, administrative	506
director, or attorney requesting the criminal records check or the	507
officer's, director's, or attorney's representative; the	508
department of job and family services or a county department of	509
job and family services; and any court, hearing officer, or other	510
necessary individual involved in a case dealing with the denial of	511
employment, a final decree of adoption or interlocutory order of	512
adoption, or a foster home certificate.	513

(F) The director of job and family services shall adopt rules	514
in accordance with Chapter 119. of the Revised Code to implement	515
this section. The rules shall include rehabilitation standards a	516
person who has been convicted of or pleaded guilty to an offense	517
listed in division (C)(1) or (2) of this section must meet for an	518
appointing or hiring officer to appoint or employ the person as a	519
person responsible for a child's care in out-of-home care, a	520
probate court to issue a final decree of adoption or interlocutory	521
order of adoption making the person an adoptive parent, or the	522
department to issue a certificate authorizing the prospective	523
foster caregiver to operate a foster home.	524

(G) An appointing or hiring officer, administrative director,	525
or attorney required by division (A) of this section to request a	526
criminal records check shall inform each person who is the	527
applicant, at the time of the person's initial application for	528
appointment or employment, an adoption to be arranged, or a foster	529
home certificate, that the person subject to the criminal records	530
check is required to provide a set of impressions of the person's	531
fingerprints and that a criminal records check is required to be	532
conducted and satisfactorily completed in accordance with section	533
109.572 of the Revised Code.	534

(H) The department of job and family services may waive the	535
requirement that a criminal records check based on fingerprints be	536
conducted for an adult resident of a prospective adoptive or	537
foster home or the home of a foster caregiver if the recommending	538
agency documents to the department's satisfaction that the adult	539
resident is physically unable to comply with the fingerprinting	540
requirement and poses no danger to foster children or adoptive	541
children who may be placed in the home. In such cases, the	542
recommending or approving agency shall request that the bureau of	543
criminal identification and investigation conduct a criminal	544
records check using the person's name and social security number.	545

(I) As used in this section:

546

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

547

(a) A hospital registered under section 3701.07 of the	548
Revised Code that provides general pediatric medical and surgical	549
care, and in which at least seventy-five per cent of annual	550
inpatient discharges for the preceding two calendar years were	551
individuals less than eighteen years of age;	552

(b) A distinct portion of a hospital registered under section	553
3701.07 of the Revised Code that provides general pediatric	554
medical and surgical care, has a total of at least one hundred	555
fifty registered pediatric special care and pediatric acute care	556
beds, and in which at least seventy-five per cent of annual	557
inpatient discharges for the preceding two calendar years were	558
individuals less than eighteen years of age;	559

(c) A distinct portion of a hospital, if the hospital is	560
registered under section 3701.07 of the Revised Code as a	561
children's hospital and the children's hospital meets all the	562
requirements of division (H)(I)(3)(a) of this section.	563

(2) "Criminal records check" has the same meaning as in	564
section 109.572 of the Revised Code.	565

(3) "Minor drug possession offense" has the same meaning as	566
in section 2925.01 of the Revised Code.	567

(4) "Person responsible for a child's care in out-of-home	568
care" has the same meaning as in section 2151.011 of the Revised	569
Code, except that it does not include a prospective employee of	570
the department of youth services or a person responsible for a	571
child's care in a hospital or medical clinic other than a	572
children's hospital.	573

(5) "Person subject to a criminal records check" means the	574
following:	575

(a) A person who is under final consideration for appointment	576
or employment as a person responsible for a child's care in	577
out-of-home care;	578

(b) A prospective adoptive parent;

579

(c) A prospective foster caregiver;

580

(d) A person eighteen years old or older who resides with a	581
prospective foster caregiver or a prospective adoptive parent.	582

(6) "Recommending agency" means a public children services	583
agency, private child placing agency, or private noncustodial	584
agency to which the department of job and family services has	585
delegated a duty to inspect and approve foster homes.	586

(7) "Superintendent of BCII" means the superintendent of the	587
bureau of criminal identification and investigation.	588

Sec. 5103.02.  As used in sections 5103.03 to 5103.17 of the	589
Revised Code:	590

(A) "Association" or "institution" includes any incorporated	591
or unincorporated organization, society, association, or agency,	592
public or private, that receives or cares for children for two or	593
more consecutive weeks; any individual, including the operator of	594
a foster home, who, for hire, gain, or reward, receives or cares	595
for children for two or more consecutive weeks, unless the	596
individual is related to them by blood or marriage; and any	597
individual not in the regular employ of a court, or of an	598
institution or association certified in accordance with section	599
5103.03 of the Revised Code, who in any manner becomes a party to	600
the placing of children in foster homes, unless the individual is	601
related to such children by blood or marriage, or is the appointed	602
guardian of such children; provided, that any organization,	603
society, association, school, agency, child guidance center,	604
detention or rehabilitation facility, or children's clinic	605
licensed, regulated, approved, operated under the direction of, or	606
otherwise certified by the department of education, a local board	607
of education, the department of youth services, the department of	608
mental health, or the department of mental retardation and	609
developmental disabilities, or any individual who provides care	610
for only a single-family group, placed there by their parents or	611
other relative having custody, shall not be considered as being	612
within the purview of these sections.	613

(B) "Family foster home" means a foster home that is not a	614
specialized treatment foster home.	615

(C) "Foster caregiver" means a person holding a valid foster	616
home certificate issued under section 5103.03 of the Revised Code.	617

(D) "Foster home" means a private residence in which children	618
are received apart from their parents, guardian, or legal	619
custodian, by an individual reimbursed for providing the children	620
nonsecure care, supervision, or training twenty-four hours a day.	621
"Foster home" does not include care provided for a child in the	622
home of a person other than the child's parent, guardian, or legal	623
custodian while the parent, guardian, or legal custodian is	624
temporarily away. Family foster homes and specialized foster homes	625
are types of foster homes.	626

(D)(E) "Medically fragile foster home" means a foster home	627
that provides specialized medical services designed to meet the	628
needs of children with intensive health care needs who meet all of	629
the following criteria:	630

(1) Under rules adopted by the department of job and family	631
services governing payment under Chapter 5111. of the Revised Code	632
for long-term care services, the children require a skilled level	633
of care.	634

(2) The children require the services of a doctor of medicine	635
or osteopathic medicine at least once a week due to the	636
instability of their medical conditions.	637

(3) The children require the services of a registered nurse	638
on a daily basis.	639

(4) The children are at risk of institutionalization in a	640
hospital, skilled nursing facility, or intermediate care facility	641
for the mentally retarded.	642

(E)(F) "Recommending agency" means a public children services	643
agency, private child placing agency, or private noncustodial	644
agency that recommends that the department of job and family	645
services take any of the following actions under section 5103.03	646
of the Revised Code regarding a foster home:	647

(1) Issue a certificate;

648

(2) Deny a certificate;

649

(3) Renew a certificate;

650

(4) Deny renewal of a certificate;

651

(5) Revoke a certificate.

652

(F)(G) "Specialized foster home" means a medically fragile	653
foster home or a treatment foster home.	654

(G) "Foster caregiver" means a person holding a valid foster	655
home certificate issued under section 5103.03 of the Revised Code.	656

(D) "Foster home" means a private residence in which children	657
are received apart from their parents, guardian, or legal	658
custodian, by an individual reimbursed for providing the children	659
nonsecure care, supervision, or training twenty-four hours a day.	660
"Foster home" does not include care provided for a child in the	661
home of a person other than the child's parent, guardian, or legal	662
custodian while the parent, guardian, or legal custodian is	663
temporarily away. Family foster homes and treatment foster homes	664
are types of foster homes.	665

(E)(H) "Treatment foster home" means a foster home that	666
incorporates special rehabilitative services designed to treat the	667
specific needs of the children received in the foster home and	668
that receives and cares for children who are emotionally or	669
behaviorally disturbed, chemically dependent, mentally retarded,	670
developmentally disabled, or who otherwise have exceptional needs.	671

Sec. 5103.03.  (A) The director of job and family services	672
shall adopt rules as necessary for the adequate and competent	673
management of institutions or associations.	674

(B)(1) Except for facilities under the control of the	675
department of youth services, places of detention for children	676
established and maintained pursuant to sections 2151.34 to	677
2151.3415 of the Revised Code, and child day-care centers subject	678
to Chapter 5104. of the Revised Code, the department of job and	679
family services every two years shall pass upon the fitness of	680
every institution and association that receives, or desires to	681
receive and care for children, or places children in private	682
homes.	683

(2) When the department of job and family services is	684
satisfied as to the care given such children, and that the	685
requirements of the statutes and rules covering the management of	686
such institutions and associations are being complied with, it	687
shall issue to the institution or association a certificate to	688
that effect. A certificate is valid for two years, unless sooner	689
revoked by the department. When determining whether an institution	690
or association meets a particular requirement for certification,	691
the department may consider the institution or association to have	692
met the requirement if the institution or association shows to the	693
department's satisfaction that it has met a comparable requirement	694
to be accredited by a nationally recognized accreditation	695
organization.	696

(3) The department may issue a temporary certificate valid	697
for less than one year authorizing an institution or association	698
to operate until minimum requirements have been met.	699

(C) The department may revoke a certificate if it finds that	700
the institution or association is in violation of law or rule. No	701
juvenile court shall commit a child to an association or	702
institution that is required to be certified under this section if	703
its certificate has been revoked or, if after revocation, the date	704
of reissue is less than fifteen months prior to the proposed	705
commitment.	706

(D) Every two years, on a date specified by the department,	707
each institution or association desiring certification or	708
recertification shall submit to the department a report showing	709
its condition, management, competency to care adequately for the	710
children who have been or may be committed to it or to whom it	711
provides care or services, the system of visitation it employs for	712
children placed in private homes, and other information the	713
department requires.	714

(E) The department shall, not less than once each year, send	715
a list of certified institutions and associations to each juvenile	716
court and certified association or institution.	717

(F) No person shall receive children or receive or solicit	718
money on behalf of such an institution or association not so	719
certified or whose certificate has been revoked.	720

(G) The director may delegate by rule any duties imposed on	721
it by this section to inspect and approve family foster homes and	722
specialized foster homes to public children services agencies,	723
private child placing agencies, or private noncustodial agencies.	724

(H) If the director of job and family services determines	725
that an institution or association is operating a facility that	726
cares for children is operating without a certificate, the	727
director may petition the court of common pleas in the county in	728
which the facilityinstitution or association is located for an	729
order enjoining theits operation of that facility. The court	730
shall grant injunctive relief upon a showing that the institution	731
or association is operating a facility without a certificate.	732

(I) If both of the following are the case, the director of	733
job and family services may petition the court of common pleas of	734
any county in which an institution or association that holds a	735
certificate under this section operates for an order, and the	736
court may issue an order, preventing the institution or	737
association from receiving additional children into its care or an	738
order removing children from its care:	739

(1) The department has evidence that the life, health, or	740
safety of one or more children in the care of the institution or	741
association is at imminent risk.	742

(2) The department has issued a proposed adjudication order	743
pursuant to Chapter 119. of the Revised Code to deny renewal of or	744
revoke the certificate of the institution or association.	745

Sec. 5103.031. (A) Except as provided in section 5103.033 of	746
the Revised Code, the department of job and family services may	747
not issue a certificate under section 5103.03 of the Revised Code	748
to a foster home unless the foster caregiver successfully	749
completes the following amount of preplacement training through a	750
preplacement training program operated under section 5103.034 or	751
5153.60 of the Revised Code:	752

(1)(A) If the foster home is a family foster home, at least	753
twelvetwenty-four hours;	754

(2)(B) If the foster home is a specialized foster home, at	755
least thirty-six hours.	756

(B) No child may be placed in a family foster home unless the	757
foster caregiver completes at least twelve additional hours of	758
preplacement training through a preplacement training program	759
operated under section 5103.034 or 5153.60 of the Revised Code.	760

Sec. 5103.032.  (A) Except as provided in divisions (B) and,	761
(C), and (D) of this section and in section 5103.033 of the	762
Revised Code, the department of job and family services may not	763
renew a foster home certificate under section 5103.03 of the	764
Revised Code unless the foster caregiver successfully completes	765
the following amount of continuing training in accordance with the	766
foster caregiver's needs assessment and continuing training plan	767
developed and implemented under section 5103.035 of the Revised	768
Code:	769

(1) If the foster home is a family foster home, at least	770
twentyforty hours each yearin the preceding two-year period;	771

(2) If the foster home is a specialized foster home, at least	772
thirtysixty hours each yearin the preceding two-year period.	773

The continuing training required by this section shall comply	774
with rules the department adopts pursuant to section 5103.0316 of	775
the Revised Code.	776

(B) AAt the beginning of a foster caregiver's two-year	777
certification period, a public children services agency, private	778
child placing agency, or private noncustodial agency acting as a	779
recommending agency for a foster caregiver holding a certificate	780
issued under section 5103.03 of the Revised Code for a family	781
foster home or specialized foster home may waive up to foureight	782
hours of continuing training the foster caregiver is otherwise	783
required by division (A) of this section to complete in a yearin	784
that two-year certification period if all of the following apply:	785

(1) The foster caregiver has provided foster careheld a	786
certificate issued under section 5103.03 of the Revised Code for a	787
family foster home or specialized foster home for at least two	788
years;	789

(2) The foster caregiver has provided foster care for at	790
least ninety days of the twelve months preceding the date the	791
agency issues the waiver;	792

(3) The foster caregiver has not violated any requirements	793
governing certification of foster homes during the twelve months	794
preceding the date the agency issues the waiver;	795

(4) The foster caregiver has complied in full with the needs	796
assessment and continuing training plan developed for the foster	797
caregiver under section 5103.035 of the Revised Code for the	798
preceding certification period.	799

(C) Each recommending agency shall establish and implement a	800
policy regarding good cause for a foster caregiver's failure to	801
complete the continuing training in accordance with division (A)	802
of this section. If the foster caregiver complies with the policy,	803
as determined by the agency, the department may renew the foster	804
caregiver's foster home certificate. The agency shall submit the	805
policy to the department and provide a copy to each foster home	806
the agency recommends for certification or renewal. The policy	807
shall include the following:	808

(1) What constitutes good cause, including documented	809
illness, critical emergencies, and lack of accessible training	810
programs;	811

(2) Procedures for developing a scheduled corrective action	812
plan that provides for prompt completion of the continuing	813
training;	814

(3) Procedures for recommending revocation of the foster home	815
certificate if the foster caregiver fails to comply with the	816
corrective action plan.	817

(D) A foster caregiver shall be given an additional amount of	818
time within which the foster caregiver must complete the	819
continuing training required under division (A) of this section in	820
accordance with rules adopted by the department of job and family	821
services if either of the following applies:	822

(1) The foster caregiver has served in active duty outside	823
this state with a branch of the armed forces of the United States	824
for more than thirty days in the preceding two-year period.	825

(2) The foster caregiver has served in active duty as a	826
member of the Ohio organized militia, as defined in section	827
5923.01 of the Revised Code, for more than thirty days in the	828
preceding two-year period and that active duty relates to either	829
an emergency in or outside of this state or to military duty in or	830
outside of this state.	831

Sec. 5103.033. (A) The department of job and family services	832
may issue or renew a certificate under section 5103.03 of the	833
Revised Code to a foster home for the care of a child who is in	834
the custody of a public children services agency or private child	835
placing agency pursuant to an agreement entered into under section	836
5103.15 of the Revised Code regarding a child who was less than	837
six months of age on the date the agreement was executed if the	838
foster caregiver successfully completes the following amount of	839
training:	840

(A)(1) For an initial certificate, at least twelve hours of	841
preplacement training through a preplacement training program	842
operated under section 5103.034 or 5153.60 of the Revised Code;	843

(B)(2) For renewal of a certificate, at least twelve	844
twenty-four hours each year of continuing training in the	845
preceding two-year period in accordance with the foster	846
caregiver's needs assessment and continuing training plan	847
developed and implemented under section 5103.035 of the Revised	848
Code.	849

(B) A foster caregiver to whom either division (B)(1) or (2)	850
of this section applies shall be given an additional amount of	851
time within which to complete the continuing training required	852
under division (A)(2) of this section in accordance with rules	853
adopted by the department of job and family services:	854

(1) The foster caregiver has served in active duty outside	855
this state with a branch of the armed forces of the United States	856
for more than thirty days in the preceding two-year period.	857

(2) The foster caregiver has served in active duty as a	858
member of the Ohio organized militia, as defined in section	859
5923.01 of the Revised Code, for more than thirty days in the	860
preceding two-year period and that active duty relates to either	861
an emergency in or outside of this state or to military duty in or	862
outside of this state.	863

Sec. 5103.035.  A public children services agency, private	864
child placing agency, or private noncustodial agency acting as a	865
recommending agency for a foster caregiver holding a certificate	866
issued under section 5103.03 of the Revised Code shall develop and	867
implement a written needs assessment and continuing training plan	868
for the foster caregiver. Each needs assessment and continuing	869
training plan shall satisfy all of the following requirements:	870

(A) Be effective for the two-year period the foster	871
caregiver's certificate is in effect;	872

(B) Be appropriate for the type of foster home the foster	873
caregiver operates;	874

(C) Require the foster caregiver to successfully complete the	875
courses each continuing training program must provide as specified	876
training required by the department in rules adopted pursuant to	877
section 5103.0310 or 5103.03115103.0316 of the Revised Code, as	878
appropriate, and any other courses the agency considers	879
appropriate;	880

(D) Include criteria the agency is to use to determine	881
whether the foster caregiver has successfully completed the	882
courses;	883

(E) Guarantee that the courses the foster caregiver is	884
required to complete are available to the foster caregiver at	885
reasonable times and places;	886

(F) Specify whether the agency will waive any of the hours of	887
continuing training the foster caregiver is required by section	888
5103.032 of the Revised Code to complete annually if the foster	889
caregiver satisfies the conditions for the agency to issue a	890
waiver. If the agency will issue a waiver, the agency shall state	891
in the needs assessment and continuing training plan the number of	892
hours of continuing training, not to exceed foureight, that the	893
agency will waive.	894

Sec. 5103.037.  The department of job and family services, in	895
consultation with the departments of youth services, mental	896
health, education, mental retardation and developmental	897
disabilities, and alcohol and drug addiction services, shall	898
develop a model design of a preplacement training program for	899
foster caregivers seeking an initial certificate under section	900
5103.03 of the Revised Code and a model design of a continuing	901
training program for foster caregivers seeking renewal of a	902
certificate under that section. The model design of a preplacement	903
training program shall comply with section 5103.039 of the Revised	904
Code. The model design of a continuing training program shall	905
comply with rules adopted pursuant to division (C) of section	906
5103.03105103.0316 of the Revised Code. The department of job and	907
family services shall make the model designs available to the Ohio	908
child welfare training program, private child placing agencies,	909
and private noncustodial agencies.	910

Sec. 5103.038.  (A) Every other year by a date specified in	911
rules adopted under section 5103.0316 of the Revised Code, each	912
private child placing agency and private noncustodial agency that	913
seeks to operate a preplacement training program or continuing	914
training program under section 5103.034 of the Revised Code shall	915
submit to the department of job and family services a proposal	916
outlining the program. The proposal may be the same as, a	917
modification of, or different from, a model design developed under	918
section 5103.037 of the Revised Code.	919

(B) Not later than thirty days after receiving a proposal	920
under division (A) of this section, the department shall either	921
approve or disapprove the proposed program. The department shall	922
approve a proposed preplacement training program if it complies	923
with section 5103.039 or 5103.03105103.0311 of the Revised Code,	924
as appropriate, and, in the case of a proposal submitted by an	925
agency operating a preplacement training program at the time the	926
proposal is submitted, the department is satisfied with the	927
agency's operation of the program. The department shall approve a	928
proposed continuing training program if it complies with rules	929
adopted pursuant to division (C) of section 5103.0310 or 5103.0311	930
5103.0316 of the Revised Code, as appropriate, and, in the case of	931
a proposal submitted by an agency operating a continuing training	932
program at the time the proposal is submitted, the department is	933
satisfied with the agency's operation of the program. If the	934
department disapproves a proposal, it shall provide the reason for	935
disapproval to the agency that submitted the proposal and advise	936
the agency of how to revise the proposal so that the department	937
can approve it.	938

(C) The department's approval under division (B) of this	939
section of a proposed preplacement training program or continuing	940
training program is valid only for two years following the year	941
the proposal for the program is submitted to the department under	942
division (A) of this section.	943

Sec. 5103.039.  Except for preplacement training programs	944
described in section 5103.0311 of the Revised Code, a preplacement	945
training program shall consist of courses in the role of foster	946
caregivers as a part of the care and treatment of foster children.	947
A foster caregiver shall complete all of the courses, which shall	948
address all of the following:	949

(A) The legal rights and responsibilities of foster	950
caregivers;	951

(B) Public children services agencies, private child placing	952
agencies, and private noncustodial agencies' policies and	953
procedures regarding foster caregivers;	954

(C) The department of job and family services' requirements	955
for certifying foster homes;	956

(D) The effects placement, separation, and attachment issues	957
have on children, their families, and foster caregivers;	958

(E) Foster caregivers' involvement in permanency planning for	959
children and their families;	960

(F) The effects of physical abuse, sexual abuse, emotional	961
abuse, neglect, and substance abuse on normal human growth and	962
development;	963

(G) Behavior management techniques;

964

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

965

(I) Cultural issues in placement;

966

(J) Prevention, recognition, and management of communicable	967
diseases;	968

(K) Community health and social services available to	969
children and their families;	970

(L) Cardiopulmonary resuscitation and first aid;

971

(M) The substance of section 2151.622152.72 of the Revised	972
Code. A course addressing section 2151.622152.72 of the Revised	973
Code shall be not less than one hour long.	974

(N)(M) In the case of a preplacement training program for a	975
foster caregiver seeking certification for a specialized foster	976
home, additional issues specific to the types of children placed	977
in specialized foster homes, including cardiopulmonary	978
resuscitation and first aid, appropriate behavioral intervention	979
techniques, such as de-escalation, self-defense, and physical	980
restraint techniques and the appropriate use of physical	981
restraints and up to eight hours of special education surrogate	982
parent trainingsuch techniques.	983

Sec. 5103.0311.  (A) A preplacement training program for	984
foster caregivers described in section 5103.033 of the Revised	985
Code shall consist of courses that address all of the following:	986

(1) The legal rights and responsibilities of foster	987
caregivers;	988

(2) The policies and procedures of public children services	989
agencies, private child placing agencies, and private noncustodial	990
agencies regarding foster caregivers;	991

(3) The department of job and family services' requirements	992
for certifying foster homes;	993

(4) Infant care;

994

(5) Cardiopulmonary resuscitation and first aid;

995

(6) Early childhood development.

996

(B) A continuing training program for foster caregivers	997
described in section 5103.033 of the Revised Code shall consist of	998
courses that address both of the following:	999

(1) Infant care;

1000

(2) Early childhood development, including developmentally	1001
appropriate activitiesmeet the requirements of rules adopted	1002
pursuant to section 5103.0316 of the Revised Code.	1003

Sec. 5103.0316.  The department of job and family services	1004
shall adopt rules in accordance with Chapter 119. of the Revised	1005
Code as necessary for the efficient administration of sections	1006
5103.031 to 5103.0316 of the Revised Code. The rules shall provide	1007
for all of the following:	1008

(A) For the purpose of section 5103.038 of the Revised Code,	1009
the date by which a private child placing agency or private	1010
noncustodial agency that seeks to operate a preplacement training	1011
program or continuing training program under section 5103.034 of	1012
the Revised Code must submit to the department a proposal	1013
outlining the program;	1014

(B) Requirements governing the department's compensation of	1015
private child placing agencies and private noncustodial agencies	1016
under sections 5103.0312 and 5103.0313 of the Revised Code;	1017

(C) Requirements governing the continuing training required	1018
by sections 5103.032 and 5103.033 of the Revised Code;	1019

(D) Any other matter the department considers appropriate.

1020

Sec. 5103.0317.  A foster home may not receive more than five	1021
children apart from their parents, guardian, or custodian, except	1022
in order toany of the following circumstances:	1023

(A) To accommodate a sibling group or the remaining members	1024
of a sibling group;	1025

(B) When the additional child or children are related to the	1026
foster caregiver by blood or marriage;	1027

(C) When the additional child or children are foster children	1028
who previously resided in the foster home;	1029

(D) When the additional child or children are the children of	1030
a foster child who resides in the foster home.	1031

Sec. 5120.65.  (A) The department of rehabilitation and	1032
correction may establish in one or more of the institutions for	1033
women operated by the department a prison nursery program under	1034
which eligible inmates and children born to them while in the	1035
custody of the department may reside together in the institution.	1036
If the department establishes a prison nursery program in one or	1037
more institutions under this section, sections 5120.651 to	1038
5120.657 of the Revised Code apply regarding the program. If the	1039
department establishes a prison nursery program and an inmate	1040
participates in the program, neither the inmate's participation in	1041
the program nor any provision of sections 5120.65 to 5120.658	1042
5120.657 of the Revised Code affects, modifies, or interferes with	1043
the inmate's custodial rights of the child or establishes legal	1044
custody of the child with the department.	1045

(B) As used in sections 5120.651 to 5120.657 of the Revised	1046
Code:	1047

(1) "Prison nursery program" means the prison nursery program	1048
established by the department of rehabilitation and correction	1049
under this section, if one is so established.	1050

(2) "Public assistance" has the same meaning as in section	1051
5101.58 of the Revised Code.	1052

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

1053

(4) "Support order" has the same meaning as in section	1054
3113.213119.01 of the Revised Code.	1055

Sec. 5153.60. (A) The department of job and family services	1056
shall establish a statewide program that provides all of the	1057
following:	1058

(1) The training section 5153.122 of the Revised Code	1059
requires public children services agency caseworkers and	1060
supervisors to complete;	1061

(2) The preplacement and continuing training described in	1062
sections 5103.034, 5103.039, 5103.0310, and 5103.0311 of the	1063
Revised Code that foster caregivers are required by sections	1064
5103.031, 5103.032, and 5103.033 of the Revised Code to obtain;	1065

(3) The education programs for adoption assessors required by	1066
section 3107.014 of the Revised Code.	1067

(B) The program established pursuant to division (A) of this	1068
section shall be called the "Ohio child welfare training program."	1069

Section 2. That existing sections 109.572, 2151.86, 5103.02,	1070
5103.03, 5103.031, 5103.032, 5103.033, 5103.035, 5103.037,	1071
5103.038, 5103.039, 5103.0311, 5103.0316, 5103.0317, 5120.65, and	1072
5153.60 and section        Sec. 5103.0310.  of the Revised Code are hereby	1073
repealed.	1074

Section 3. That Section 160 of Am. Sub. H.B. 95 of the 125th	1075
General Assembly is hereby repealed.	1076

Section 4.  Section 5103.02 of the Revised Code is presented	1077
in this act as a composite of the section as amended by both Sub.	1078
H.B. 332 and Sub. H.B. 448 of the 123rd General Assembly. The	1079
General Assembly, applying the principle stated in division (B) of	1080
section 1.52 of the Revised Code that amendments are to be	1081
harmonized if reasonably capable of simultaneous operation, finds	1082
that the composite is the resulting version of the section in	1083
effect prior to the effective date of the section as presented in	1084
this act.	1085