REPRESENTATIVES Widowfield, Husted, Hollister, McGregor, Kearns, Seitz, White, Gilb, Allen, Schmidt, Schneider, Brown, Perry, Cirelli, Reidelbach, Price, Hagan, Flowers, Otterman

To amend sections 2151.86, 5103.03, 5103.031,

1

5103.032, 5103.033, 5103.035, 5103.037, 5103.038,

2

5103.039, 5103.0311, 5103.0316, 5103.0317,

3

5120.65, and 5153.60 and to repeal section

4

5103.0310 of the Revised Code to revise foster

5

caregiver training requirements, add additional

6

offenses to those that disqualify a person as a

7

person responsible for a child's care in

8

out-of-home care or prospective adoptive parent,

9

and permit the Department of Job and Family

10

Services to seek injunctive relief in certain

11

circumstances.

12

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

Section 1. That sections 2151.86, 5103.03, 5103.031,	13
5103.032, 5103.033, 5103.035, 5103.037, 5103.038, 5103.039,	14
5103.0311, 5103.0316, 5103.0317, 5120.65, and 5153.60 of the	15
Revised Code be amended to read as follows:	16

Sec. 2151.86.  (A)(1) The appointing or hiring officer of any	17
entity that appoints or employs any person responsible for a	18
child's care in out-of-home care shall request the superintendent	19
of BCII to conduct a criminal records check with respect to any	20
person who is under final consideration for appointment or	21
employment as a person responsible for a child's care in	22
out-of-home care.	23

(2) The administrative director of an agency, or attorney,	24
who arranges an adoption for a prospective adoptive parent shall	25
request the superintendent of BCII to conduct a criminal records	26
check with respect to that prospective adoptive parent.	27

(3) Before a recommending agency submits a recommendation to	28
the department of job and family services on whether the	29
department should issue a certificate to a foster home under	30
section 5103.03 of the Revised Code, the administrative director	31
of the agency shall request that the superintendent of BCII	32
conduct a criminal records check with respect to the prospective	33
foster caregiver and all other persons eighteen years of age or	34
older who reside with the foster caregiver.	35

(B) If a person subject to a criminal records check does not	36
present proof that the person has been a resident of this state	37
for the five-year period immediately prior to the date upon which	38
the criminal records check is requested or does not provide	39
evidence that within that five-year period the superintendent of	40
BCII has requested information about the person from the federal	41
bureau of investigation in a criminal records check, the	42
appointing or hiring officer, administrative director, or attorney	43
shall request that the superintendent of BCII obtain information	44
from the federal bureau of investigation as a part of the criminal	45
records check. If the person subject to the criminal records check	46
presents proof that the person has been a resident of this state	47
for that five-year period, the officer, director, or attorney may	48
request that the superintendent of BCII include information from	49
the federal bureau of investigation in the criminal records check.	50

An appointing or hiring officer, administrative director, or	51
attorney required by division (A) of this section to request a	52
criminal records check shall provide to each person subject to a	53
criminal records check a copy of the form prescribed pursuant to	54
division (C)(1) of section 109.572 of the Revised Code and a	55
standard impression sheet to obtain fingerprint impressions	56
prescribed pursuant to division (C)(2) of section 109.572 of the	57
Revised Code, obtain the completed form and impression sheet from	58
the person, and forward the completed form and impression sheet to	59
the superintendent of BCII at the time the criminal records check	60
is requested.	61

Any person subject to a criminal records check who receives	62
pursuant to this division a copy of the form prescribed pursuant	63
to division (C)(1) of section 109.572 of the Revised Code and a	64
copy of an impression sheet prescribed pursuant to division (C)(2)	65
of that section and who is requested to complete the form and	66
provide a set of fingerprint impressions shall complete the form	67
or provide all the information necessary to complete the form and	68
shall provide the impression sheet with the impressions of the	69
person's fingerprints. If a person subject to a criminal records	70
check, upon request, fails to provide the information necessary to	71
complete the form or fails to provide impressions of the person's	72
fingerprints, the appointing or hiring officer shall not appoint	73
or employ the person as a person responsible for a child's care in	74
out-of-home care, a probate court may not issue a final decree of	75
adoption or an interlocutory order of adoption making the person	76
an adoptive parent, and the department of job and family services	77
shall not issue a certificate authorizing the prospective foster	78
caregiver to operate a foster home.	79

(C)(1) No appointing or hiring officer shall appoint or	80
employ a person as a person responsible for a child's care in	81
out-of-home care, the department of job and family services shall	82
not issue a certificate under section 5103.03 of the Revised Code	83
authorizing a prospective foster caregiver to operate a foster	84
home, and no probate court shall issue a final decree of adoption	85
or an interlocutory order of adoption making a person an adoptive	86
parent if the person or, in the case of a prospective foster	87
caregiver, any person eighteen years of age or older who resides	88
with the prospective foster caregiver previously has been	89
convicted of or pleaded guilty to any of the following, unless the	90
person meets rehabilitation standards established in rules adopted	91
under division (F) of this section:	92

(a) A violation of section 2903.01, 2903.02, 2903.03,	93
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	94
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	95
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	96
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	97
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	98
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	99
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a	100
violation of section 2905.04 of the Revised Code as it existed	101
prior to July 1, 1996, a violation of section 2919.23 of the	102
Revised Code that would have been a violation of section 2905.04	103
of the Revised Code as it existed prior to July 1, 1996, had the	104
violation been committed prior to that date, a violation of	105
section 2925.11 of the Revised Code that is not a minor drug	106
possession offense, or felonious sexual penetration in violation	107
of former section 2907.12 of the Revised Code;	108

(b) A violation of an existing or former law of this state,	109
any other state, or the United States that is substantially	110
equivalent to any of the offenses described in division (C)(1)(a)	111
of this section.	112

(2) The department of job and family services shall not issue	113
a certificate under section 5103.03 of the Revised Code	114
authorizing a prospective foster caregiver to operate a foster	115
home if the department has been notified that the foster caregiver	116
or any person eighteen years of age or older who resides with the	117
foster caregiver has been convicted of or pleaded guilty to a	118
violation of one of the following offenses, unless the foster	119
caregiver or other person meets rehabilitation standards	120
established in rules adopted under division (F) of this section:	121

(a) Any offense listed in division (C)(1)(a) of this section	122
or section 2909.02 or 2909.03 of the Revised Code;	123

(b) An existing or former law of this state, any other state,	124
or the United States that is substantially equivalent to any	125
offense listed in division (C)(1)(a) of this section or section	126
2909.02 or 2909.03 of the Revised Code.	127

(3) The appointing or hiring officer may appoint or employ a	128
person as a person responsible for a child's care in out-of-home	129
care conditionally until the criminal records check required by	130
this section is completed and the officer receives the results of	131
the criminal records check. If the results of the criminal records	132
check indicate that, pursuant to division (C)(1) of this section,	133
the person subject to the criminal records check does not qualify	134
for appointment or employment, the officer shall release the	135
person from appointment or employment.	136

(D) The appointing or hiring officer, administrative	137
director, or attorney shall pay to the bureau of criminal	138
identification and investigation the fee prescribed pursuant to	139
division (C)(3) of section 109.572 of the Revised Code for each	140
criminal records check conducted in accordance with that section	141
upon a request pursuant to division (A) of this section. The	142
officer, director, or attorney may charge the person subject to	143
the criminal records check a fee for the costs the officer,	144
director, or attorney incurs in obtaining the criminal records	145
check. A fee charged under this division shall not exceed the	146
amount of fees the officer, director, or attorney pays for the	147
criminal records check. If a fee is charged under this division,	148
the officer, director, or attorney shall notify the person who is	149
the applicant at the time of the person's initial application for	150
appointment or employment, an adoption to be arranged, or a	151
certificate to operate a foster home of the amount of the fee and	152
that, unless the fee is paid, the person who is the applicant will	153
not be considered for appointment or employment or as an adoptive	154
parent or foster caregiver.	155

(E) The report of any criminal records check conducted by the	156
bureau of criminal identification and investigation in accordance	157
with section 109.572 of the Revised Code and pursuant to a request	158
made under division (A) of this section is not a public record for	159
the purposes of section 149.43 of the Revised Code and shall not	160
be made available to any person other than the person who is the	161
subject of the criminal records check or the person's	162
representative; the appointing or hiring officer, administrative	163
director, or attorney requesting the criminal records check or the	164
officer's, director's, or attorney's representative; the	165
department of job and family services or a county department of	166
job and family services; and any court, hearing officer, or other	167
necessary individual involved in a case dealing with the denial of	168
employment, a final decree of adoption or interlocutory order of	169
adoption, or a foster home certificate.	170

(F) The director of job and family services shall adopt rules	171
in accordance with Chapter 119. of the Revised Code to implement	172
this section. The rules shall include rehabilitation standards a	173
person who has been convicted of or pleaded guilty to an offense	174
listed in division (C)(1) or (2) of this section must meet for an	175
appointing or hiring officer to appoint or employ the person as a	176
person responsible for a child's care in out-of-home care, a	177
probate court to issue a final decree of adoption or interlocutory	178
order of adoption making the person an adoptive parent, or the	179
department to issue a certificate authorizing the prospective	180
foster caregiver to operate a foster home.	181

(G) An appointing or hiring officer, administrative director,	182
or attorney required by division (A) of this section to request a	183
criminal records check shall inform each person who is the	184
applicant, at the time of the person's initial application for	185
appointment or employment, an adoption to be arranged, or a foster	186
home certificate, that the person subject to the criminal records	187
check is required to provide a set of impressions of the person's	188
fingerprints and that a criminal records check is required to be	189
conducted and satisfactorily completed in accordance with section	190
109.572 of the Revised Code.	191

(H) As used in this section:

192

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

193

(a) A hospital registered under section 3701.07 of the	194
Revised Code that provides general pediatric medical and surgical	195
care, and in which at least seventy-five per cent of annual	196
inpatient discharges for the preceding two calendar years were	197
individuals less than eighteen years of age;	198

(b) A distinct portion of a hospital registered under section	199
3701.07 of the Revised Code that provides general pediatric	200
medical and surgical care, has a total of at least one hundred	201
fifty registered pediatric special care and pediatric acute care	202
beds, and in which at least seventy-five per cent of annual	203
inpatient discharges for the preceding two calendar years were	204
individuals less than eighteen years of age;	205

(c) A distinct portion of a hospital, if the hospital is	206
registered under section 3701.07 of the Revised Code as a	207
children's hospital and the children's hospital meets all the	208
requirements of division (H)(3)(a) of this section.	209

(2) "Criminal records check" has the same meaning as in	210
section 109.572 of the Revised Code.	211

(3) "Minor drug possession offense" has the same meaning as	212
in section 2925.01 of the Revised Code.	213

(4) "Person responsible for a child's care in out-of-home	214
care" has the same meaning as in section 2151.011 of the Revised	215
Code, except that it does not include a prospective employee of	216
the department of youth services or a person responsible for a	217
child's care in a hospital or medical clinic other than a	218
children's hospital.	219

(5) "Person subject to a criminal records check" means the	220
following:	221

(a) A person who is under final consideration for appointment	222
or employment as a person responsible for a child's care in	223
out-of-home care;	224

(b) A prospective adoptive parent;

225

(c) A prospective foster caregiver;

226

(d) A person eighteen years old or older who resides with a	227
prospective foster caregiver.	228

(6) "Recommending agency" means a public children services	229
agency, private child placing agency, or private noncustodial	230
agency to which the department of job and family services has	231
delegated a duty to inspect and approve foster homes.	232

(7) "Superintendent of BCII" means the superintendent of the	233
bureau of criminal identification and investigation.	234

Sec. 5103.03.  (A) The director of job and family services	235
shall adopt rules as necessary for the adequate and competent	236
management of institutions or associations.	237

(B)(1) Except for facilities under the control of the	238
department of youth services, places of detention for children	239
established and maintained pursuant to sections 2151.34 to	240
2151.3415 of the Revised Code, and child day-care centers subject	241
to Chapter 5104. of the Revised Code, the department of job and	242
family services every two years shall pass upon the fitness of	243
every institution and association that receives, or desires to	244
receive and care for children, or places children in private	245
homes.	246

(2) When the department of job and family services is	247
satisfied as to the care given such children, and that the	248
requirements of the statutes and rules covering the management of	249
such institutions and associations are being complied with, it	250
shall issue to the institution or association a certificate to	251
that effect. A certificate is valid for two years, unless sooner	252
revoked by the department. When determining whether an institution	253
or association meets a particular requirement for certification,	254
the department may consider the institution or association to have	255
met the requirement if the institution or association shows to the	256
department's satisfaction that it has met a comparable requirement	257
to be accredited by a nationally recognized accreditation	258
organization.	259

(3) The department may issue a temporary certificate valid	260
for less than one year authorizing an institution or association	261
to operate until minimum requirements have been met.	262

(C) The department may revoke a certificate if it finds that	263
the institution or association is in violation of law or rule. No	264
juvenile court shall commit a child to an association or	265
institution that is required to be certified under this section if	266
its certificate has been revoked or, if after revocation, the date	267
of reissue is less than fifteen months prior to the proposed	268
commitment.	269

(D) Every two years, on a date specified by the department,	270
each institution or association desiring certification or	271
recertification shall submit to the department a report showing	272
its condition, management, competency to care adequately for the	273
children who have been or may be committed to it or to whom it	274
provides care or services, the system of visitation it employs for	275
children placed in private homes, and other information the	276
department requires.	277

(E) The department shall, not less than once each year, send	278
a list of certified institutions and associations to each juvenile	279
court and certified association or institution.	280

(F) No person shall receive children or receive or solicit	281
money on behalf of such an institution or association not so	282
certified or whose certificate has been revoked.	283

(G) The director may delegate by rule any duties imposed on	284
it by this section to inspect and approve family foster homes and	285
specialized foster homes to public children services agencies,	286
private child placing agencies, or private noncustodial agencies.	287

(H) If the director of job and family services determines	288
that an institution or association is operating a facility that	289
cares for children is operating without a certificate, the	290
director may petition the court of common pleas in the county in	291
which the facilityinstitution or association is located for an	292
order enjoining theits operation of that facility. The court	293
shall grant injunctive relief upon a showing that the institution	294
or association is operating a facility without a certificate.	295

(I) If both of the following are the case, the director of	296
job and family services may petition the court of common pleas of	297
any county in which an institution or association that holds a	298
certificate under this section operates for an order, and the	299
court may issue an order, preventing the institution or	300
association from receiving additional children into its care or an	301
order removing children from its care:	302

(1) The department has evidence that the life, health, or	303
safety of one or more children in the care of the institution or	304
association is at imminent risk.	305

(2) The department has issued a proposed adjudication order	306
pursuant to Chapter 119. of the Revised Code to deny renewal of or	307
revoke the certificate of the institution or association.	308

Sec. 5103.031. (A) Except as provided in section 5103.033 of	309
the Revised Code, the department of job and family services may	310
not issue a certificate under section 5103.03 of the Revised Code	311
to a foster home unless the foster caregiver successfully	312
completes the following amount of preplacement training through	313
the Ohio child welfare training program or a preplacement training	314
program operated under section 5103.034 of the Revised Code:	315

(1)(A) If the foster home is a family foster home, at least	316
twelvetwenty-four hours;	317

(2)(B) If the foster home is a specialized foster home, at	318
least thirty-six hours.	319

(B) No child may be placed in a family foster home unless the	320
foster caregiver completes at least twelve additional hours of	321
preplacement training through the Ohio child welfare training	322
program or a preplacement training program operated under section	323
5103.034 of the Revised Code.	324

Sec. 5103.032.  (A) Except as provided in divisions (B) and,	325
(C), and (D) of this section and in section 5103.033 of the	326
Revised Code, the department of job and family services may not	327
renew a foster home certificate under section 5103.03 of the	328
Revised Code unless the foster caregiver successfully completes	329
the following amount of continuing training in accordance with the	330
foster caregiver's needs assessment and continuing training plan	331
developed and implemented under section 5103.035 of the Revised	332
Code:	333

(1) If the foster home is a family foster home, at least	334
twentyforty hours each yearin the preceding two-year period;	335

(2) If the foster home is a specialized foster home, at least	336
thirtysixty hours each yearin the preceding two-year period.	337

The continuing training required by this section shall comply	338
with rules the department adopts pursuant to section 5103.0316 of	339
the Revised Code.	340

(B) AAt the beginning of a foster caregiver's two-year	341
certification period, a public children services agency, private	342
child placing agency, or private noncustodial agency acting as a	343
recommending agency for a foster caregiver holding a certificate	344
issued under section 5103.03 of the Revised Code for a family	345
foster home or specialized foster home may waive up to foureight	346
hours of continuing training the foster caregiver is otherwise	347
required by division (A) of this section to complete in a yearin	348
that two-year certification period if all of the following apply:	349

(1) The foster caregiver has provided foster careheld a	350
certificate issued under section 5103.03 of the Revised Code for a	351
family foster home or specialized foster home for at least two	352
years;	353

(2) The foster caregiver has provided foster care for at	354
least ninety days of the twelve months preceding the date the	355
agency issues the waiver;	356

(3) The foster caregiver has not violated any requirements	357
governing certification of foster homes during the twelve months	358
preceding the date the agency issues the waiver;	359

(4) The foster caregiver has complied in full with the needs	360
assessment and continuing training plan developed for the foster	361
caregiver under section 5103.035 of the Revised Code for the	362
preceding certification period.	363

(C) Each recommending agency shall establish and implement a	364
policy regarding good cause for a foster caregiver's failure to	365
complete the continuing training in accordance with division (A)	366
of this section. If the foster caregiver complies with the policy,	367
as determined by the agency, the department may renew the foster	368
caregiver's foster home certificate. The agency shall submit the	369
policy to the department and provide a copy to each foster home	370
the agency recommends for certification or renewal. The policy	371
shall include the following:	372

(1) What constitutes good cause, including documented	373
illness, critical emergencies, and lack of accessible training	374
programs;	375

(2) Procedures for developing a scheduled corrective action	376
plan that provides for prompt completion of the continuing	377
training;	378

(3) Procedures for recommending revocation of the foster home	379
certificate if the foster caregiver fails to comply with the	380
corrective action plan.	381

(D) A foster caregiver who has served in active duty outside	382
Ohio with a branch of the armed forces of the United States for	383
more than thirty days in the preceding two-year period or has	384
served in active duty as a member of the Ohio national guard	385
during an emergency in Ohio that lasted longer than thirty days of	386
the preceding two-year period shall be required to complete a	387
reduced amount of continuing training required under division (A)	388
of this section in accordance with rules adopted by the department	389
of job and family services.	390

Sec. 5103.033.  The department of job and family services may	391
issue or renew a certificate under section 5103.03 of the Revised	392
Code to a foster home for the care of a child who is in the	393
custody of a public children services agency or private child	394
placing agency pursuant to an agreement entered into under section	395
5103.15 of the Revised Code regarding a child who was less than	396
six months of age on the date the agreement was executed if the	397
foster caregiver successfully completes the following amount of	398
training:	399

(A) For an initial certificate, at least twelve hours of	400
preplacement training through the Ohio child welfare training	401
program or a preplacement training program operated under section	402
5103.034 of the Revised Code;	403

(B) For renewal of a certificate, at least twelvetwenty-four	404
hours each yearin the preceding two-year period of continuing	405
training in accordance with the foster caregiver's needs	406
assessment and continuing training plan developed and implemented	407
under section 5103.035 of the Revised Code;	408

(C) For a foster caregiver who has served in active duty	409
outside Ohio with a branch of the armed forces of the United	410
States for more than thirty days of the preceding two-year period	411
or has served in active duty as a member of the Ohio national	412
guard during an emergency in Ohio that lasted longer than thirty	413
days of the preceding two-year period, a reduced amount of	414
continuing training required under division (B) of this section in	415
accordance with rules adopted by the department of job and family	416
services.	417

Sec. 5103.035.  A public children services agency, private	418
child placing agency, or private noncustodial agency acting as a	419
recommending agency for a foster caregiver holding a certificate	420
issued under section 5103.03 of the Revised Code shall develop and	421
implement a written needs assessment and continuing training plan	422
for the foster caregiver. Each needs assessment and continuing	423
training plan shall satisfy all of the following requirements:	424

(A) Be effective for the two-year period the foster	425
caregiver's certificate is in effect;	426

(B) Be appropriate for the type of foster home the foster	427
caregiver operates;	428

(C) Require the foster caregiver to successfully complete the	429
courses each continuing training program must provide as specified	430
training required by the department in rules adopted pursuant to	431
section 5103.0310 or 5103.03115103.0316 of the Revised Code, as	432
appropriate, and any other courses the agency considers	433
appropriate;	434

(D) Include criteria the agency is to use to determine	435
whether the foster caregiver has successfully completed the	436
courses;	437

(E) Guarantee that the courses the foster caregiver is	438
required to complete are available to the foster caregiver at	439
reasonable times and places;	440

(F) Specify whether the agency will waive any of the hours of	441
continuing training the foster caregiver is required by section	442
5103.032 of the Revised Code to complete annually if the foster	443
caregiver satisfies the conditions for the agency to issue a	444
waiver. If the agency will issue a waiver, the agency shall state	445
in the needs assessment and continuing training plan the number of	446
hours of continuing training, not to exceed foureight, that the	447
agency will waive.	448

Sec. 5103.037.  The department of job and family services, in	449
consultation with the departments of youth services, mental	450
health, education, mental retardation and developmental	451
disabilities, and alcohol and drug addiction services, shall	452
develop a model design of a preplacement training program for	453
foster caregivers seeking an initial certificate under section	454
5103.03 of the Revised Code and a model design of a continuing	455
training program for foster caregivers seeking renewal of a	456
certificate under that section. The model design of a preplacement	457
training program shall comply with section 5103.039 of the Revised	458
Code. The model design of a continuing training program shall	459
comply with rules adopted pursuant to division (C) of section	460
5103.03105103.0316 of the Revised Code. The department of job and	461
family services shall make the model designs available to public	462
children services agencies, private child placing agencies, and	463
private noncustodial agencies.	464

Sec. 5103.038.  (A) Every other year by a date specified in	465
rules adopted under section 5103.0316 of the Revised Code, each	466
public children services agency, private child placing agency, and	467
private noncustodial agency that seeks to operate a preplacement	468
training program or continuing training program under section	469
5103.034 of the Revised Code shall submit to the department of job	470
and family services a proposal outlining the program. The proposal	471
may be the same as, a modification of, or different from, a model	472
design developed under section 5103.037 of the Revised Code. The	473
proposal shall include a budget for the program regarding the cost	474
associated with trainers, obtaining sites at which the training is	475
provided, and the administration of the training. The budget shall	476
be consistent with rules adopted under section 5103.0316 of the	477
Revised Code governing the department of job and family services'	478
reimbursement of public children services agencies, private child	479
placing agencies, and private noncustodial agencies under section	480
5103.0313 of the Revised Code.	481

(B) Not later than thirty days after receiving a proposal	482
under division (A) of this section, the department shall either	483
approve or disapprove the proposed program. The department shall	484
approve a proposed preplacement training program if it complies	485
with section 5103.039 or 5103.03105103.0311 of the Revised Code,	486
as appropriate, and, in the case of a proposal submitted by an	487
agency operating a preplacement training program at the time the	488
proposal is submitted, the department is satisfied with the	489
agency's operation of the program. The department shall approve a	490
proposed continuing training program if it complies with rules	491
adopted pursuant to division (C) of section 5103.0310 or 5103.0311	492
5103.0316 of the Revised Code, as appropriate, and, in the case of	493
a proposal submitted by an agency operating a continuing training	494
program at the time the proposal is submitted, the department is	495
satisfied with the agency's operation of the program. The	496
department shall disapprove a proposed program if the program's	497
budget is not consistent with rules adopted under section	498
5103.0316 of the Revised Code governing the department's	499
reimbursement of public children services agencies, private child	500
placing agencies, and private noncustodial agencies under section	501
5103.0313 of the Revised Code. If the department disapproves a	502
proposal, it shall provide the reason for disapproval to the	503
agency that submitted the proposal and advise the agency of how to	504
revise the proposal so that the department can approve it.	505

(C) The department's approval under division (B) of this	506
section of a proposed preplacement training program or continuing	507
training program is valid only for two years following the year	508
the proposal for the program is submitted to the department under	509
division (A) of this section.	510

Sec. 5103.039.  Except for preplacement training programs	511
described in section 5103.0311 of the Revised Code, a preplacement	512
training program shall consist of courses in the role of foster	513
caregivers as a part of the care and treatment of foster children.	514
A foster caregiver shall complete all of the courses, which shall	515
address all of the following:	516

(A) The legal rights and responsibilities of foster	517
caregivers;	518

(B) Public children services agencies, private child placing	519
agencies, and private noncustodial agencies' policies and	520
procedures regarding foster caregivers;	521

(C) The department of job and family services' requirements	522
for certifying foster homes;	523

(D) The effects placement, separation, and attachment issues	524
have on children, their families, and foster caregivers;	525

(E) Foster caregivers' involvement in permanency planning for	526
children and their families;	527

(F) The effects of physical abuse, sexual abuse, emotional	528
abuse, neglect, and substance abuse on normal human growth and	529
development;	530

(G) Behavior management techniques;

531

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

532

(I) Cultural issues in placement;

533

(J) Prevention, recognition, and management of communicable	534
diseases;	535

(K) Community health and social services available to	536
children and their families;	537

(L) Cardiopulmonary resuscitation and first aid;

538

(M) The substance of section 2151.622152.72 of the Revised	539
Code. A course addressing section 2151.622152.72 of the Revised	540
Code shall be not less than one hour long.	541

(N) In the case of a preplacement training program for a	542
foster caregiver seeking certification for a specializedtreatment	543
foster home, additional issues specific to the types of children	544
placed in specializedtreatment foster homes, including	545
appropriate behavioral intervention techniques, such as	546
de-escalation, self-defense, and physical restraint techniques and	547
the appropriate use of physical restraints and up to eight hours	548
of special education surrogate parent trainingsuch techniques.	549

Sec. 5103.0311.  (A) A preplacement training program for	550
foster caregivers described in section 5103.033 of the Revised	551
Code shall consist of courses that address all of the following:	552

(1) The legal rights and responsibilities of foster	553
caregivers;	554

(2) The policies and procedures of public children services	555
agencies, private child placing agencies, and private noncustodial	556
agencies regarding foster caregivers;	557

(3) The department of job and family services' requirements	558
for certifying foster homes;	559

(4) Infant care;

560

(5) Cardiopulmonary resuscitation and first aid;

561

(6) Early childhood development.

562

(B) A continuing training program for foster caregivers	563
described in section 5103.033 of the Revised Code shall consist of	564
courses that address both of the following:	565

(1) Infant care;

566

(2) Early childhood development, including developmentally	567
appropriate activitiesmeet the requirements of rules adopted	568
pursuant to section 5103.0316 of the Revised Code.	569

Sec. 5103.0316. Not later than ninety days after January 1,	570
2001, theThe department of job and family services shall adopt	571
rules in accordance with Chapter 119. of the Revised Code as	572
necessary for the efficient administration of sections 5103.031 to	573
5103.0316 of the Revised Code. The rules shall provide for all of	574
the following:	575

(A) For the purpose of section 5103.038 of the Revised Code,	576
the date by which a public children services agency, private child	577
placing agency, or private noncustodial agency that seeks to	578
operate a preplacement training program or continuing training	579
program under section 5103.034 of the Revised Code must submit to	580
the department a proposal outlining the program;	581

(B) Requirements governing the department's reimbursement of	582
the Ohio child welfare training program and public children	583
services agencies, private child placing agencies, and private	584
noncustodial agencies under sections 5103.0312 and 5103.0313 of	585
the Revised Code;	586

(C) Requirements governing the continuing training required	587
by sections 5103.032 and 5103.033 of the Revised Code.	588

(D) Any other matter the department considers appropriate.

589

Sec. 5103.0317.  A foster home may not receive more than five	590
children apart from their parents, guardian, or custodian, except	591
in order toany of the following circumstances:	592

(A) To accommodate a sibling group or the remaining members	593
of a sibling group;	594

(B) When the additional child or children are related to the	595
foster caregiver by blood or marriage;	596

(C) When the additional child or children are foster children	597
who previously resided in the foster home;	598

(D) When the additional child or children are the children of	599
a foster child who resides in the foster home.	600

Sec. 5120.65.  (A) The department of rehabilitation and	601
correction may establish in one or more of the institutions for	602
women operated by the department a prison nursery program under	603
which eligible inmates and children born to them while in the	604
custody of the department may reside together in the institution.	605
If the department establishes a prison nursery program in one or	606
more institutions under this section, sections 5120.651 to	607
5120.657 of the Revised Code apply regarding the program. If the	608
department establishes a prison nursery program and an inmate	609
participates in the program, neither the inmate's participation in	610
the program nor any provision of sections 5120.65 to 5120.658	611
5120.657 of the Revised Code affects, modifies, or interferes with	612
the inmate's custodial rights of the child or establishes legal	613
custody of the child with the department.	614

(B) As used in sections 5120.651 to 5120.657 of the Revised	615
Code:	616

(1) "Prison nursery program" means the prison nursery program	617
established by the department of rehabilitation and correction	618
under this section, if one is so established.	619

(2) "Public assistance" has the same meaning as in section	620
5101.58 of the Revised Code.	621

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

622

(4) "Support order" has the same meaning as in section	623
3113.213119.01 of the Revised Code.	624

Sec. 5153.60.  The department of job and family services	625
shall establish a statewide program that provides the training	626
section 5153.122 of the Revised Code requires public children	627
services agency caseworkers and supervisors to complete. The	628
program may also provide the preplacement and continuing training	629
described in sections 5103.039, 5103.0310, and 5103.0311 of the	630
Revised Code that foster caregivers are required by sections	631
5103.031, 5103.032, and 5103.033 of the Revised Code to obtain.	632
The program shall be called the "Ohio child welfare training	633
program."	634

Section 2. That existing sections 2151.86, 5103.03, 5103.031,	635
5103.032, 5103.033, 5103.035, 5103.037, 5103.038, 5103.039,	636
5103.0311, 5103.0316, 5103.0317, 5120.65, and 5153.60 and section	637
Sec. 5103.0310.  of the Revised Code are hereby repealed.	638