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

To amend sections 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 foster

11

caregivers to make application to agencies

12

arranging adoptions, permit the Department of Job

13

and Family Services to seek injunctive relief in

14

certain circumstances, and eliminate the duty of

15

the Legislative Office of Education Oversight to

16

review certain types of Head Start agreements.

17

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

Section 1. That sections 109.572, 2151.86, 5103.02, 5103.03,	18
5103.031, 5103.032, 5103.033, 5103.035, 5103.037, 5103.038,	19
5103.039, 5103.0311, 5103.0316, 5103.0317, 5120.65, and 5153.60 of	20
the Revised Code be amended to read as follows:	21

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	22
section 2151.86, 3301.32, 3301.541, 3319.39, 5104.012, 5104.013,	23
or 5153.111 of the Revised Code, a completed form prescribed	24
pursuant to division (C)(1) of this section, and a set of	25
fingerprint impressions obtained in the manner described in	26
division (C)(2) of this section, the superintendent of the bureau	27
of criminal identification and investigation shall conduct a	28
criminal records check in the manner described in division (B) of	29
this section to determine whether any information exists that	30
indicates that the person who is the subject of the request	31
previously has been convicted of or pleaded guilty to any of the	32
following:	33

(a) A violation of section 2903.01, 2903.02, 2903.03,	34
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	35
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	36
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	37
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	38
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	39
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	40
2925.06, or 3716.11 of the Revised Code, felonious sexual	41
penetration in violation of former section 2907.12 of the Revised	42
Code, a violation of section 2905.04 of the Revised Code as it	43
existed prior to July 1, 1996, a violation of section 2919.23 of	44
the Revised Code that would have been a violation of section	45
2905.04 of the Revised Code as it existed prior to July 1, 1996,	46
had the violation been committed prior to that date, or a	47
violation of section 2925.11 of the Revised Code that is not a	48
minor drug possession offense;	49

(b) A violation of an existing or former law of this state,	50
any other state, or the United States that is substantially	51
equivalent to any of the offenses listed in division (A)(1)(a) of	52
this section.	53

(2) On receipt of a request pursuant to section 5123.081 of	54
the Revised Code with respect to an applicant for employment in	55
any position with the department of mental retardation and	56
developmental disabilities, pursuant to section 5126.28 of the	57
Revised Code with respect to an applicant for employment in any	58
position with a county board of mental retardation and	59
developmental disabilities, or pursuant to section 5126.281 of the	60
Revised Code with respect to an applicant for employment in a	61
direct services position with an entity contracting with a county	62
board for employment, a completed form prescribed pursuant to	63
division (C)(1) of this section, and a set of fingerprint	64
impressions obtained in the manner described in division (C)(2) of	65
this section, the superintendent of the bureau of criminal	66
identification and investigation shall conduct a criminal records	67
check. The superintendent shall conduct the criminal records check	68
in the manner described in division (B) of this section to	69
determine whether any information exists that indicates that the	70
person who is the subject of the request has been convicted of or	71
pleaded guilty to any of the following:	72

(a) A violation of section 2903.01, 2903.02, 2903.03,	73
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	74
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	75
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	76
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	77
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	78
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, or	79
3716.11 of the Revised Code;	80

(b) An existing or former municipal ordinance or law of this	81
state, any other state, or the United States that is substantially	82
equivalent to any of the offenses listed in division (A)(2)(a) of	83
this section.	84

(3) On receipt of a request pursuant to section 173.41,	85
3712.09, 3721.121, or 3722.151 of the Revised Code, a completed	86
form prescribed pursuant to division (C)(1) of this section, and a	87
set of fingerprint impressions obtained in the manner described in	88
division (C)(2) of this section, the superintendent of the bureau	89
of criminal identification and investigation shall conduct a	90
criminal records check with respect to any person who has applied	91
for employment in a position that involves providing direct care	92
to an older adult. The superintendent shall conduct the criminal	93
records check in the manner described in division (B) of this	94
section to determine whether any information exists that indicates	95
that the person who is the subject of the request previously has	96
been convicted of or pleaded guilty to any of the following:	97

(a) A violation of section 2903.01, 2903.02, 2903.03,	98
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	99
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	100
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	101
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	102
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	103
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	104
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	105
2925.22, 2925.23, or 3716.11 of the Revised Code;	106

(b) An existing or former law of this state, any other state,	107
or the United States that is substantially equivalent to any of	108
the offenses listed in division (A)(3)(a) of this section.	109

(4) On receipt of a request pursuant to section 3701.881 of	110
the Revised Code with respect to an applicant for employment with	111
a home health agency as a person responsible for the care,	112
custody, or control of a child, a completed form prescribed	113
pursuant to division (C)(1) of this section, and a set of	114
fingerprint impressions obtained in the manner described in	115
division (C)(2) of this section, the superintendent of the bureau	116
of criminal identification and investigation shall conduct a	117
criminal records check. The superintendent shall conduct the	118
criminal records check in the manner described in division (B) of	119
this section to determine whether any information exists that	120
indicates that the person who is the subject of the request	121
previously has been convicted of or pleaded guilty to any of the	122
following:	123

(a) A violation of section 2903.01, 2903.02, 2903.03,	124
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	125
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	126
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	127
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	128
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	129
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	130
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	131
violation of section 2925.11 of the Revised Code that is not a	132
minor drug possession offense;	133

(b) An existing or former law of this state, any other state,	134
or the United States that is substantially equivalent to any of	135
the offenses listed in division (A)(4)(a) of this section.	136

(5) On receipt of a request pursuant to section 5111.95 or	137
5111.96 of the Revised Code with respect to an applicant for	138
employment with a waiver agency participating in a department of	139
job and family services administered home and community-based	140
waiver program or an independent provider participating in a	141
department administered home and community-based waiver program in	142
a position that involves providing home and community-based waiver	143
services to consumers with disabilities, a completed form	144
prescribed pursuant to division (C)(1) of this section, and a set	145
of fingerprint impressions obtained in the manner described in	146
division (C)(2) of this section, the superintendent of the bureau	147
of criminal identification and investigation shall conduct a	148
criminal records check. The superintendent shall conduct the	149
criminal records check in the manner described in division (B) of	150
this section to determine whether any information exists that	151
indicates that the person who is the subject of the request	152
previously has been convicted of or pleaded guilty to any of the	153
following:	154

(a) A violation of section 2903.01, 2903.02, 2903.03,	155
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	156
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	157
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	158
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	159
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13,	160
2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40,	161
2913.43, 2913.47, 2913.51, 2919.12, 2919.24, 2919.25, 2921.36,	162
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	163
2925.06, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the	164
Revised Code, felonious sexual penetration in violation of former	165
section 2907.12 of the Revised Code, a violation of section	166
2905.04 of the Revised Code as it existed prior to July 1, 1996, a	167
violation of section 2919.23 of the Revised Code that would have	168
been a violation of section 2905.04 of the Revised Code as it	169
existed prior to July 1, 1996, had the violation been committed	170
prior to that date;	171

(b) An existing or former law of this state, any other state,	172
or the United States that is substantially equivalent to any of	173
the offenses listed in division (A)(5)(a) of this section.	174

(6) On receipt of a request pursuant to section 3701.881 of	175
the Revised Code with respect to an applicant for employment with	176
a home health agency in a position that involves providing direct	177
care to an older adult, a completed form prescribed pursuant to	178
division (C)(1) of this section, and a set of fingerprint	179
impressions obtained in the manner described in division (C)(2) of	180
this section, the superintendent of the bureau of criminal	181
identification and investigation shall conduct a criminal records	182
check. The superintendent shall conduct the criminal records check	183
in the manner described in division (B) of this section to	184
determine whether any information exists that indicates that the	185
person who is the subject of the request previously has been	186
convicted of or pleaded guilty to any of the following:	187

(a) A violation of section 2903.01, 2903.02, 2903.03,	188
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	189
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	190
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	191
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	192
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	193
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	194
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	195
2925.22, 2925.23, or 3716.11 of the Revised Code;	196

(b) An existing or former law of this state, any other state,	197
or the United States that is substantially equivalent to any of	198
the offenses listed in division (A)(6)(a) of this section.	199

(7) When conducting a criminal records check upon a request	200
pursuant to section 3319.39 of the Revised Code for an applicant	201
who is a teacher, in addition to the determination made under	202
division (A)(1) of this section, the superintendent shall	203
determine whether any information exists that indicates that the	204
person who is the subject of the request previously has been	205
convicted of or pleaded guilty to any offense specified in section	206
3319.31 of the Revised Code.	207

(8) When conducting a criminal records check onOn a request	208
pursuant to section 2151.86 of the Revised Code for a person who	209
is a prospective foster caregiver or who is eighteen years old or	210
older and resides in the home of a prospective foster caregiver,	211
the superintendent, in addition to the determination made under	212
division (A)(1) of this section, shall, a completed form	213
prescribed pursuant to division (C)(1) of this section, and a set	214
of fingerprint impressions obtained in the manner described in	215
division (C)(2) of this section, the superintendent of the bureau	216
of criminal identification and investigation shall conduct a	217
criminal records check in the manner described in division (B) of	218
this section to determine whether any information exists that	219
indicates that the person who is the subject of the request	220
previously has been convicted of or pleaded guilty to a violation	221
any of the following:	222

(a) SectionA violation of section 2903.01, 2903.02, 2903.03,	223
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	224
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	225
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	226
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02	227
or, 2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	228
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	229
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a	230
violation of section 2905.04 of the Revised Code as it existed	231
prior to July 1, 1996, a violation of section 2919.23 of the	232
Revised Code that would have been a violation of section 2905.04	233
of the Revised Code as it existed prior to July 1, 1996, had the	234
violation been committed prior to that date, a violation of	235
section 2925.11 of the Revised Code that is not a minor drug	236
possession offense, or felonious sexual penetration in violation	237
of former section 2907.12 of the Revised Code;	238

(b) AnA violation of an existing or former law of this	239
state, any other state, or the United States that is substantially	240
equivalent to any of the offenses listed in division (A)(8)(a) of	241
this section 2909.02 or 2909.03 of the Revised Code.	242

(9) Not later than thirty days after the date the	243
superintendent receives the request, completed form, and	244
fingerprint impressions, the superintendent shall send the person,	245
board, or entity that made the request any information, other than	246
information the dissemination of which is prohibited by federal	247
law, the superintendent determines exists with respect to the	248
person who is the subject of the request that indicates that the	249
person previously has been convicted of or pleaded guilty to any	250
offense listed or described in division (A)(1), (2), (3), (4),	251
(5), (6), (7), or (8) of this section, as appropriate. The	252
superintendent shall send the person, board, or entity that made	253
the request a copy of the list of offenses specified in division	254
(A)(1), (2), (3), (4), (5), (6), (7), or (8) of this section, as	255
appropriate. If the request was made under section 3701.881 of the	256
Revised Code with regard to an applicant who may be both	257
responsible for the care, custody, or control of a child and	258
involved in providing direct care to an older adult, the	259
superintendent shall provide a list of the offenses specified in	260
divisions (A)(4) and (6) of this section.	261

(B) The superintendent shall conduct any criminal records	262
check requested under section 173.41, 2151.86, 3301.32, 3301.541,	263
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012,	264
5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or	265
5153.111 of the Revised Code as follows:	266

(1) The superintendent shall review or cause to be reviewed	267
any relevant information gathered and compiled by the bureau under	268
division (A) of section 109.57 of the Revised Code that relates to	269
the person who is the subject of the request, including any	270
relevant information contained in records that have been sealed	271
under section 2953.32 of the Revised Code;	272

(2) If the request received by the superintendent asks for	273
information from the federal bureau of investigation, the	274
superintendent shall request from the federal bureau of	275
investigation any information it has with respect to the person	276
who is the subject of the request and shall review or cause to be	277
reviewed any information the superintendent receives from that	278
bureau;	279

(3) The superintendent or the superintendent's designee may	280
request criminal history records from other states or the federal	281
government pursuant to the national crime prevention and privacy	282
compact set forth in section 109.571 of the Revised Code.	283

(C)(1) The superintendent shall prescribe a form to obtain	284
the information necessary to conduct a criminal records check from	285
any person for whom a criminal records check is required by	286
section 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	287
3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5111.95, 5111.96,	288
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The	289
form that the superintendent prescribes pursuant to this division	290
may be in a tangible format, in an electronic format, or in both	291
tangible and electronic formats.	292

(2) The superintendent shall prescribe standard impression	293
sheets to obtain the fingerprint impressions of any person for	294
whom a criminal records check is required by section 173.41,	295
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	296
3722.151, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28,	297
5126.281, or 5153.111 of the Revised Code. Any person for whom a	298
records check is required by any of those sections shall obtain	299
the fingerprint impressions at a county sheriff's office,	300
municipal police department, or any other entity with the ability	301
to make fingerprint impressions on the standard impression sheets	302
prescribed by the superintendent. The office, department, or	303
entity may charge the person a reasonable fee for making the	304
impressions. The standard impression sheets the superintendent	305
prescribes pursuant to this division may be in a tangible format,	306
in an electronic format, or in both tangible and electronic	307
formats.	308

(3) Subject to division (D) of this section, the	309
superintendent shall prescribe and charge a reasonable fee for	310
providing a criminal records check requested under section 173.41,	311
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	312
3722.151, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28,	313
5126.281, or 5153.111 of the Revised Code. The person making a	314
criminal records request under section 173.41, 2151.86, 3301.32,	315
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151,	316
5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281,	317
or 5153.111 of the Revised Code shall pay the fee prescribed	318
pursuant to this division. A person making a request under section	319
3701.881 of the Revised Code for a criminal records check for an	320
applicant who may be both responsible for the care, custody, or	321
control of a child and involved in providing direct care to an	322
older adult shall pay one fee for the request.	323

(4) The superintendent of the bureau of criminal	324
identification and investigation may prescribe methods of	325
forwarding fingerprint impressions and information necessary to	326
conduct a criminal records check, which methods shall include, but	327
not be limited to, an electronic method.	328

(D) A determination whether any information exists that	329
indicates that a person previously has been convicted of or	330
pleaded guilty to any offense listed or described in division	331
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	332
(b), (A)(5)(a) or (b), (A)(6), (A)(7)(a) or (b), or (A)(8)(a) or	333
(b) of this section that is made by the superintendent with	334
respect to information considered in a criminal records check in	335
accordance with this section is valid for the person who is the	336
subject of the criminal records check for a period of one year	337
from the date upon which the superintendent makes the	338
determination. During the period in which the determination in	339
regard to a person is valid, if another request under this section	340
is made for a criminal records check for that person, the	341
superintendent shall provide the information that is the basis for	342
the superintendent's initial determination at a lower fee than the	343
fee prescribed for the initial criminal records check.	344

(E) As used in this section:

345

(1) "Criminal records check" means any criminal records check	346
conducted by the superintendent of the bureau of criminal	347
identification and investigation in accordance with division (B)	348
of this section.	349

(2) "Home and community-based waiver services" and "waiver	350
agency" have the same meanings as in section 5111.95 of the	351
Revised Code.	352

(3) "Independent provider" has the same meaning as in section	353
5111.96 of the Revised Code.	354

(4) "Minor drug possession offense" has the same meaning as	355
in section 2925.01 of the Revised Code.	356

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

357

Sec. 2151.86.  (A)(1) The appointing or hiring officer of any	358
entity that appoints or employs any person responsible for a	359
child's care in out-of-home care shall request the superintendent	360
of BCII to conduct a criminal records check with respect to any	361
person who is under final consideration for appointment or	362
employment as a person responsible for a child's care in	363
out-of-home care.	364

(2) The administrative director of an agency, or attorney,	365
who arranges an adoption for a prospective adoptive parent shall	366
request the superintendent of BCII to conduct a criminal records	367
check with respect to that prospective adoptive parent and all	368
persons eighteen years of age or older who reside with the	369
prospective adoptive parent.	370

(3) Before a recommending agency submits a recommendation to	371
the department of job and family services on whether the	372
department should issue a certificate to a foster home under	373
section 5103.03 of the Revised Code, the administrative director	374
of the agency shall request that the superintendent of BCII	375
conduct a criminal records check with respect to the prospective	376
foster caregiver and all other persons eighteen years of age or	377
older who reside with the foster caregiver.	378

(B) If a person subject to a criminal records check does not	379
present proof that the person has been a resident of this state	380
for the five-year period immediately prior to the date upon which	381
the criminal records check is requested or does not provide	382
evidence that within that five-year period the superintendent of	383
BCII has requested information about the person from the federal	384
bureau of investigation in a criminal records check, the	385
appointing or hiring officer, administrative director, or attorney	386
shall request that the superintendent of BCII obtain information	387
from the federal bureau of investigation as a part of the criminal	388
records check. If the person subject to the criminal records check	389
presents proof that the person has been a resident of this state	390
for that five-year period, the officer, director, or attorney may	391
request that the superintendent of BCII include information from	392
the federal bureau of investigation in the criminal records check.	393

An appointing or hiring officer, administrative director, or	394
attorney required by division (A) of this section to request a	395
criminal records check shall provide to each person subject to a	396
criminal records check a copy of the form prescribed pursuant to	397
division (C)(1) of section 109.572 of the Revised Code and a	398
standard impression sheet to obtain fingerprint impressions	399
prescribed pursuant to division (C)(2) of section 109.572 of the	400
Revised Code, obtain the completed form and impression sheet from	401
the person, and forward the completed form and impression sheet to	402
the superintendent of BCII at the time the criminal records check	403
is requested.	404

Any person subject to a criminal records check who receives	405
pursuant to this division a copy of the form prescribed pursuant	406
to division (C)(1) of section 109.572 of the Revised Code and a	407
copy of an impression sheet prescribed pursuant to division (C)(2)	408
of that section and who is requested to complete the form and	409
provide a set of fingerprint impressions shall complete the form	410
or provide all the information necessary to complete the form and	411
shall provide the impression sheet with the impressions of the	412
person's fingerprints. If a person subject to a criminal records	413
check, upon request, fails to provide the information necessary to	414
complete the form or fails to provide impressions of the person's	415
fingerprints, the appointing or hiring officer shall not appoint	416
or employ the person as a person responsible for a child's care in	417
out-of-home care, a probate court may not issue a final decree of	418
adoption or an interlocutory order of adoption making the person	419
an adoptive parent, and the department of job and family services	420
shall not issue a certificate authorizing the prospective foster	421
caregiver to operate a foster home.	422

(C)(1) No appointing or hiring officer shall appoint or	423
employ a person as a person responsible for a child's care in	424
out-of-home care, the department of job and family services shall	425
not issue a certificate under section 5103.03 of the Revised Code	426
authorizing a prospective foster caregiver to operate a foster	427
home, and no probate court shall issue a final decree of adoption	428
or an interlocutory order of adoption making a person an adoptive	429
parent if the person or, in the case of a prospective foster	430
caregiver or prospective adoptive parent, any person eighteen	431
years of age or older who resides with the prospective foster	432
caregiver or prospective adoptive parent previously has been	433
convicted of or pleaded guilty to any of the following, unless the	434
person meets rehabilitation standards established in rules adopted	435
under division (F) of this section:	436

(a) A violation of section 2903.01, 2903.02, 2903.03,	437
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	438
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	439
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	440
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	441
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	442
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	443
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a	444
violation of section 2905.04 of the Revised Code as it existed	445
prior to July 1, 1996, a violation of section 2919.23 of the	446
Revised Code that would have been a violation of section 2905.04	447
of the Revised Code as it existed prior to July 1, 1996, had the	448
violation been committed prior to that date, a violation of	449
section 2925.11 of the Revised Code that is not a minor drug	450
possession offense, or felonious sexual penetration in violation	451
of former section 2907.12 of the Revised Code;	452

(b) A violation of an existing or former law of this state,	453
any other state, or the United States that is substantially	454
equivalent to any of the offenses described in division (C)(1)(a)	455
of this section.	456

(2) The department of job and family services shall not issue	457
a certificate under section 5103.03 of the Revised Code	458
authorizing a prospective foster caregiver to operate a foster	459
home if the department has been notified that the foster caregiver	460
or any person eighteen years of age or older who resides with the	461
foster caregiver has been convicted of or pleaded guilty to a	462
violation of one of the following offenses, unless the foster	463
caregiver or other person meets rehabilitation standards	464
established in rules adopted under division (F) of this section:	465

(a) Any offense listed in division (C)(1)(a) of this section	466
or section 2909.02 or 2909.03 of the Revised Code;	467

(b) An existing or former law of this state, any other state,	468
or the United States that is substantially equivalent to any	469
offense listed in division (C)(1)(a) of this section or section	470
2909.02 or 2909.03 of the Revised Code.	471

(3) The appointing or hiring officer may appoint or employ a	472
person as a person responsible for a child's care in out-of-home	473
care conditionally until the criminal records check required by	474
this section is completed and the officer receives the results of	475
the criminal records check. If the results of the criminal records	476
check indicate that, pursuant to division (C)(1) of this section,	477
the person subject to the criminal records check does not qualify	478
for appointment or employment, the officer shall release the	479
person from appointment or employment.	480

(D) The appointing or hiring officer, administrative	481
director, or attorney shall pay to the bureau of criminal	482
identification and investigation the fee prescribed pursuant to	483
division (C)(3) of section 109.572 of the Revised Code for each	484
criminal records check conducted in accordance with that section	485
upon a request pursuant to division (A) of this section. The	486
officer, director, or attorney may charge the person subject to	487
the criminal records check a fee for the costs the officer,	488
director, or attorney incurs in obtaining the criminal records	489
check. A fee charged under this division shall not exceed the	490
amount of fees the officer, director, or attorney pays for the	491
criminal records check. If a fee is charged under this division,	492
the officer, director, or attorney shall notify the person who is	493
the applicant at the time of the person's initial application for	494
appointment or employment, an adoption to be arranged, or a	495
certificate to operate a foster home of the amount of the fee and	496
that, unless the fee is paid, the person who is the applicant will	497
not be considered for appointment or employment or as an adoptive	498
parent or foster caregiver.	499

(E) The report of any criminal records check conducted by the	500
bureau of criminal identification and investigation in accordance	501
with section 109.572 of the Revised Code and pursuant to a request	502
made under division (A) of this section is not a public record for	503
the purposes of section 149.43 of the Revised Code and shall not	504
be made available to any person other than the person who is the	505
subject of the criminal records check or the person's	506
representative; the appointing or hiring officer, administrative	507
director, or attorney requesting the criminal records check or the	508
officer's, director's, or attorney's representative; the	509
department of job and family services or a county department of	510
job and family services; and any court, hearing officer, or other	511
necessary individual involved in a case dealing with the denial of	512
employment, a final decree of adoption or interlocutory order of	513
adoption, or a foster home certificate.	514

(F) The director of job and family services shall adopt rules	515
in accordance with Chapter 119. of the Revised Code to implement	516
this section. The rules shall include rehabilitation standards a	517
person who has been convicted of or pleaded guilty to an offense	518
listed in division (C)(1) or (2) of this section must meet for an	519
appointing or hiring officer to appoint or employ the person as a	520
person responsible for a child's care in out-of-home care, a	521
probate court to issue a final decree of adoption or interlocutory	522
order of adoption making the person an adoptive parent, or the	523
department to issue a certificate authorizing the prospective	524
foster caregiver to operate a foster home.	525

(G) An appointing or hiring officer, administrative director,	526
or attorney required by division (A) of this section to request a	527
criminal records check shall inform each person who is the	528
applicant, at the time of the person's initial application for	529
appointment or employment, an adoption to be arranged, or a foster	530
home certificate, that the person subject to the criminal records	531
check is required to provide a set of impressions of the person's	532
fingerprints and that a criminal records check is required to be	533
conducted and satisfactorily completed in accordance with section	534
109.572 of the Revised Code.	535

(H) The department of job and family services may waive the	536
requirement that a criminal records check based on fingerprints be	537
conducted for an adult resident of a prospective adoptive or	538
foster home or the home of a foster caregiver if the recommending	539
agency documents to the department's satisfaction that the adult	540
resident is physically unable to comply with the fingerprinting	541
requirement and poses no danger to foster children or adoptive	542
children who may be placed in the home. In such cases, the	543
recommending or approving agency shall request that the bureau of	544
criminal identification and investigation conduct a criminal	545
records check using the person's name and social security number.	546

(I) As used in this section:

547

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

548

(a) A hospital registered under section 3701.07 of the	549
Revised Code that provides general pediatric medical and surgical	550
care, and in which at least seventy-five per cent of annual	551
inpatient discharges for the preceding two calendar years were	552
individuals less than eighteen years of age;	553

(b) A distinct portion of a hospital registered under section	554
3701.07 of the Revised Code that provides general pediatric	555
medical and surgical care, has a total of at least one hundred	556
fifty registered pediatric special care and pediatric acute care	557
beds, and in which at least seventy-five per cent of annual	558
inpatient discharges for the preceding two calendar years were	559
individuals less than eighteen years of age;	560

(c) A distinct portion of a hospital, if the hospital is	561
registered under section 3701.07 of the Revised Code as a	562
children's hospital and the children's hospital meets all the	563
requirements of division (H)(I)(3)(a) of this section.	564

(2) "Criminal records check" has the same meaning as in	565
section 109.572 of the Revised Code.	566

(3) "Minor drug possession offense" has the same meaning as	567
in section 2925.01 of the Revised Code.	568

(4) "Person responsible for a child's care in out-of-home	569
care" has the same meaning as in section 2151.011 of the Revised	570
Code, except that it does not include a prospective employee of	571
the department of youth services or a person responsible for a	572
child's care in a hospital or medical clinic other than a	573
children's hospital.	574

(5) "Person subject to a criminal records check" means the	575
following:	576

(a) A person who is under final consideration for appointment	577
or employment as a person responsible for a child's care in	578
out-of-home care;	579

(b) A prospective adoptive parent;

580

(c) A prospective foster caregiver;

581

(d) A person eighteen years old or older who resides with a	582
prospective foster caregiver or a prospective adoptive parent.	583

(6) "Recommending agency" means a public children services	584
agency, private child placing agency, or private noncustodial	585
agency to which the department of job and family services has	586
delegated a duty to inspect and approve foster homes.	587

(7) "Superintendent of BCII" means the superintendent of the	588
bureau of criminal identification and investigation.	589

Sec. 5103.02.  As used in sections 5103.03 to 5103.17 of the	590
Revised Code:	591

(A) "Association" or "institution" includes any incorporated	592
or unincorporated organization, society, association, or agency,	593
public or private, that receives or cares for children for two or	594
more consecutive weeks; any individual, including the operator of	595
a foster home, who, for hire, gain, or reward, receives or cares	596
for children for two or more consecutive weeks, unless the	597
individual is related to them by blood or marriage; and any	598
individual not in the regular employ of a court, or of an	599
institution or association certified in accordance with section	600
5103.03 of the Revised Code, who in any manner becomes a party to	601
the placing of children in foster homes, unless the individual is	602
related to such children by blood or marriage, or is the appointed	603
guardian of such children; provided, that any organization,	604
society, association, school, agency, child guidance center,	605
detention or rehabilitation facility, or children's clinic	606
licensed, regulated, approved, operated under the direction of, or	607
otherwise certified by the department of education, a local board	608
of education, the department of youth services, the department of	609
mental health, or the department of mental retardation and	610
developmental disabilities, or any individual who provides care	611
for only a single-family group, placed there by their parents or	612
other relative having custody, shall not be considered as being	613
within the purview of these sections.	614

(B) "Family foster home" means a foster home that is not a	615
specialized treatment foster home.	616

(C) "Foster caregiver" means a person holding a valid foster	617
home certificate issued under section 5103.03 of the Revised Code.	618

(D) "Foster home" means a private residence in which children	619
are received apart from their parents, guardian, or legal	620
custodian, by an individual reimbursed for providing the children	621
nonsecure care, supervision, or training twenty-four hours a day.	622
"Foster home" does not include care provided for a child in the	623
home of a person other than the child's parent, guardian, or legal	624
custodian while the parent, guardian, or legal custodian is	625
temporarily away. Family foster homes and specialized foster homes	626
are types of foster homes.	627

(D)(E) "Medically fragile foster home" means a foster home	628
that provides specialized medical services designed to meet the	629
needs of children with intensive health care needs who meet all of	630
the following criteria:	631

(1) Under rules adopted by the department of job and family	632
services governing payment under Chapter 5111. of the Revised Code	633
for long-term care services, the children require a skilled level	634
of care.	635

(2) The children require the services of a doctor of medicine	636
or osteopathic medicine at least once a week due to the	637
instability of their medical conditions.	638

(3) The children require the services of a registered nurse	639
on a daily basis.	640

(4) The children are at risk of institutionalization in a	641
hospital, skilled nursing facility, or intermediate care facility	642
for the mentally retarded.	643

(E)(F) "Recommending agency" means a public children services	644
agency, private child placing agency, or private noncustodial	645
agency that recommends that the department of job and family	646
services take any of the following actions under section 5103.03	647
of the Revised Code regarding a foster home:	648

(1) Issue a certificate;

649

(2) Deny a certificate;

650

(3) Renew a certificate;

651

(4) Deny renewal of a certificate;

652

(5) Revoke a certificate.

653

(F)(G) "Specialized foster home" means a medically fragile	654
foster home or a treatment foster home.	655

(G) "Foster caregiver" means a person holding a valid foster	656
home certificate issued under section 5103.03 of the Revised Code.	657

(D) "Foster home" means a private residence in which children	658
are received apart from their parents, guardian, or legal	659
custodian, by an individual reimbursed for providing the children	660
nonsecure care, supervision, or training twenty-four hours a day.	661
"Foster home" does not include care provided for a child in the	662
home of a person other than the child's parent, guardian, or legal	663
custodian while the parent, guardian, or legal custodian is	664
temporarily away. Family foster homes and treatment foster homes	665
are types of foster homes.	666

(E)(H) "Treatment foster home" means a foster home that	667
incorporates special rehabilitative services designed to treat the	668
specific needs of the children received in the foster home and	669
that receives and cares for children who are emotionally or	670
behaviorally disturbed, chemically dependent, mentally retarded,	671
developmentally disabled, or who otherwise have exceptional needs.	672

Sec. 5103.03.  (A) The director of job and family services	673
shall adopt rules as necessary for the adequate and competent	674
management of institutions or associations.	675

(B)(1) Except for facilities under the control of the	676
department of youth services, places of detention for children	677
established and maintained pursuant to sections 2151.34 to	678
2151.3415 of the Revised Code, and child day-care centers subject	679
to Chapter 5104. of the Revised Code, the department of job and	680
family services every two years shall pass upon the fitness of	681
every institution and association that receives, or desires to	682
receive and care for children, or places children in private	683
homes.	684

(2) When the department of job and family services is	685
satisfied as to the care given such children, and that the	686
requirements of the statutes and rules covering the management of	687
such institutions and associations are being complied with, it	688
shall issue to the institution or association a certificate to	689
that effect. A certificate is valid for two years, unless sooner	690
revoked by the department. When determining whether an institution	691
or association meets a particular requirement for certification,	692
the department may consider the institution or association to have	693
met the requirement if the institution or association shows to the	694
department's satisfaction that it has met a comparable requirement	695
to be accredited by a nationally recognized accreditation	696
organization.	697

(3) The department may issue a temporary certificate valid	698
for less than one year authorizing an institution or association	699
to operate until minimum requirements have been met.	700

(C) The department may revoke a certificate if it finds that	701
the institution or association is in violation of law or rule. No	702
juvenile court shall commit a child to an association or	703
institution that is required to be certified under this section if	704
its certificate has been revoked or, if after revocation, the date	705
of reissue is less than fifteen months prior to the proposed	706
commitment.	707

(D) Every two years, on a date specified by the department,	708
each institution or association desiring certification or	709
recertification shall submit to the department a report showing	710
its condition, management, competency to care adequately for the	711
children who have been or may be committed to it or to whom it	712
provides care or services, the system of visitation it employs for	713
children placed in private homes, and other information the	714
department requires.	715

(E) The department shall, not less than once each year, send	716
a list of certified institutions and associations to each juvenile	717
court and certified association or institution.	718

(F) No person shall receive children or receive or solicit	719
money on behalf of such an institution or association not so	720
certified or whose certificate has been revoked.	721

(G) The director may delegate by rule any duties imposed on	722
it by this section to inspect and approve family foster homes and	723
specialized foster homes to public children services agencies,	724
private child placing agencies, or private noncustodial agencies.	725

(H) If the director of job and family services determines	726
that an institution or association is operating a facility that	727
cares for children is operating without a certificate, the	728
director may petition the court of common pleas in the county in	729
which the facilityinstitution or association is located for an	730
order enjoining theits operation of that facility. The court	731
shall grant injunctive relief upon a showing that the institution	732
or association is operating a facility without a certificate.	733

(I) If both of the following are the case, the director of	734
job and family services may petition the court of common pleas of	735
any county in which an institution or association that holds a	736
certificate under this section operates for an order, and the	737
court may issue an order, preventing the institution or	738
association from receiving additional children into its care or an	739
order removing children from its care:	740

(1) The department has evidence that the life, health, or	741
safety of one or more children in the care of the institution or	742
association is at imminent risk.	743

(2) The department has issued a proposed adjudication order	744
pursuant to Chapter 119. of the Revised Code to deny renewal of or	745
revoke the certificate of the institution or association.	746

Sec. 5103.031. (A) Except as provided in section 5103.033 of	747
the Revised Code, the department of job and family services may	748
not issue a certificate under section 5103.03 of the Revised Code	749
to a foster home unless the foster caregiver successfully	750
completes the following amount of preplacement training through a	751
preplacement training program operated under section 5103.034 or	752
5153.60 of the Revised Code:	753

(1)(A) If the foster home is a family foster home, at least	754
twelvetwenty-four hours;	755

(2)(B) If the foster home is a specialized foster home, at	756
least thirty-six hours.	757

(B) No child may be placed in a family foster home unless the	758
foster caregiver completes at least twelve additional hours of	759
preplacement training through a preplacement training program	760
operated under section 5103.034 or 5153.60 of the Revised Code.	761

Sec. 5103.032.  (A) Except as provided in divisions (B) and,	762
(C), and (D) of this section and in section 5103.033 of the	763
Revised Code, the department of job and family services may not	764
renew a foster home certificate under section 5103.03 of the	765
Revised Code unless the foster caregiver successfully completes	766
the following amount of continuing training in accordance with the	767
foster caregiver's needs assessment and continuing training plan	768
developed and implemented under section 5103.035 of the Revised	769
Code:	770

(1) If the foster home is a family foster home, at least	771
twentyforty hours each yearin the preceding two-year period;	772

(2) If the foster home is a specialized foster home, at least	773
thirtysixty hours each yearin the preceding two-year period.	774

The continuing training required by this section shall comply	775
with rules the department adopts pursuant to section 5103.0316 of	776
the Revised Code.	777

(B) AAt the beginning of a foster caregiver's two-year	778
certification period, a public children services agency, private	779
child placing agency, or private noncustodial agency acting as a	780
recommending agency for a foster caregiver holding a certificate	781
issued under section 5103.03 of the Revised Code for a family	782
foster home or specialized foster home may waive up to foureight	783
hours of continuing training the foster caregiver is otherwise	784
required by division (A) of this section to complete in a yearin	785
that two-year certification period if all of the following apply:	786

(1) The foster caregiver has provided foster careheld a	787
certificate issued under section 5103.03 of the Revised Code for a	788
family foster home or specialized foster home for at least two	789
years;	790

(2) The foster caregiver has provided foster care for at	791
least ninety days of the twelve months preceding the date the	792
agency issues the waiver;	793

(3) The foster caregiver has not violated any requirements	794
governing certification of foster homes during the twelve months	795
preceding the date the agency issues the waiver;	796

(4) The foster caregiver has complied in full with the needs	797
assessment and continuing training plan developed for the foster	798
caregiver under section 5103.035 of the Revised Code for the	799
preceding certification period.	800

(C) Each recommending agency shall establish and implement a	801
policy regarding good cause for a foster caregiver's failure to	802
complete the continuing training in accordance with division (A)	803
of this section. If the foster caregiver complies with the policy,	804
as determined by the agency, the department may renew the foster	805
caregiver's foster home certificate. The agency shall submit the	806
policy to the department and provide a copy to each foster home	807
the agency recommends for certification or renewal. The policy	808
shall include the following:	809

(1) What constitutes good cause, including documented	810
illness, critical emergencies, and lack of accessible training	811
programs;	812

(2) Procedures for developing a scheduled corrective action	813
plan that provides for prompt completion of the continuing	814
training;	815

(3) Procedures for recommending revocation of the foster home	816
certificate if the foster caregiver fails to comply with the	817
corrective action plan.	818

(D) A foster caregiver shall be given an additional amount of	819
time within which the foster caregiver must complete the	820
continuing training required under division (A) of this section in	821
accordance with rules adopted by the department of job and family	822
services if either of the following applies:	823

(1) The foster caregiver has served in active duty outside	824
this state with a branch of the armed forces of the United States	825
for more than thirty days in the preceding two-year period.	826

(2) The foster caregiver has served in active duty as a	827
member of the Ohio organized militia, as defined in section	828
5923.01 of the Revised Code, for more than thirty days in the	829
preceding two-year period and that active duty relates to either	830
an emergency in or outside of this state or to military duty in or	831
outside of this state.	832

Sec. 5103.033. (A) The department of job and family services	833
may issue or renew a certificate under section 5103.03 of the	834
Revised Code to a foster home for the care of a child who is in	835
the custody of a public children services agency or private child	836
placing agency pursuant to an agreement entered into under section	837
5103.15 of the Revised Code regarding a child who was less than	838
six months of age on the date the agreement was executed if the	839
foster caregiver successfully completes the following amount of	840
training:	841

(A)(1) For an initial certificate, at least twelve hours of	842
preplacement training through a preplacement training program	843
operated under section 5103.034 or 5153.60 of the Revised Code;	844

(B)(2) For renewal of a certificate, at least twelve	845
twenty-four hours each year of continuing training in the	846
preceding two-year period in accordance with the foster	847
caregiver's needs assessment and continuing training plan	848
developed and implemented under section 5103.035 of the Revised	849
Code.	850

(B) A foster caregiver to whom either division (B)(1) or (2)	851
of this section applies shall be given an additional amount of	852
time within which to complete the continuing training required	853
under division (A)(2) of this section in accordance with rules	854
adopted by the department of job and family services:	855

(1) The foster caregiver has served in active duty outside	856
this state with a branch of the armed forces of the United States	857
for more than thirty days in the preceding two-year period.	858

(2) The foster caregiver has served in active duty as a	859
member of the Ohio organized militia, as defined in section	860
5923.01 of the Revised Code, for more than thirty days in the	861
preceding two-year period and that active duty relates to either	862
an emergency in or outside of this state or to military duty in or	863
outside of this state.	864

Sec. 5103.035.  A public children services agency, private	865
child placing agency, or private noncustodial agency acting as a	866
recommending agency for a foster caregiver holding a certificate	867
issued under section 5103.03 of the Revised Code shall develop and	868
implement a written needs assessment and continuing training plan	869
for the foster caregiver. Each needs assessment and continuing	870
training plan shall satisfy all of the following requirements:	871

(A) Be effective for the two-year period the foster	872
caregiver's certificate is in effect;	873

(B) Be appropriate for the type of foster home the foster	874
caregiver operates;	875

(C) Require the foster caregiver to successfully complete the	876
courses each continuing training program must provide as specified	877
training required by the department in rules adopted pursuant to	878
section 5103.0310 or 5103.03115103.0316 of the Revised Code, as	879
appropriate, and any other courses the agency considers	880
appropriate;	881

(D) Include criteria the agency is to use to determine	882
whether the foster caregiver has successfully completed the	883
courses;	884

(E) Guarantee that the courses the foster caregiver is	885
required to complete are available to the foster caregiver at	886
reasonable times and places;	887

(F) Specify whether the agency will waive any of the hours of	888
continuing training the foster caregiver is required by section	889
5103.032 of the Revised Code to complete annually if the foster	890
caregiver satisfies the conditions for the agency to issue a	891
waiver. If the agency will issue a waiver, the agency shall state	892
in the needs assessment and continuing training plan the number of	893
hours of continuing training, not to exceed foureight, that the	894
agency will waive.	895

Sec. 5103.037.  The department of job and family services, in	896
consultation with the departments of youth services, mental	897
health, education, mental retardation and developmental	898
disabilities, and alcohol and drug addiction services, shall	899
develop a model design of a preplacement training program for	900
foster caregivers seeking an initial certificate under section	901
5103.03 of the Revised Code and a model design of a continuing	902
training program for foster caregivers seeking renewal of a	903
certificate under that section. The model design of a preplacement	904
training program shall comply with section 5103.039 of the Revised	905
Code. The model design of a continuing training program shall	906
comply with rules adopted pursuant to division (C) of section	907
5103.03105103.0316 of the Revised Code. The department of job and	908
family services shall make the model designs available to the Ohio	909
child welfare training program, private child placing agencies,	910
and private noncustodial agencies.	911

Sec. 5103.038.  (A) Every other year by a date specified in	912
rules adopted under section 5103.0316 of the Revised Code, each	913
private child placing agency and private noncustodial agency that	914
seeks to operate a preplacement training program or continuing	915
training program under section 5103.034 of the Revised Code shall	916
submit to the department of job and family services a proposal	917
outlining the program. The proposal may be the same as, a	918
modification of, or different from, a model design developed under	919
section 5103.037 of the Revised Code.	920

(B) Not later than thirty days after receiving a proposal	921
under division (A) of this section, the department shall either	922
approve or disapprove the proposed program. The department shall	923
approve a proposed preplacement training program if it complies	924
with section 5103.039 or 5103.03105103.0311 of the Revised Code,	925
as appropriate, and, in the case of a proposal submitted by an	926
agency operating a preplacement training program at the time the	927
proposal is submitted, the department is satisfied with the	928
agency's operation of the program. The department shall approve a	929
proposed continuing training program if it complies with rules	930
adopted pursuant to division (C) of section 5103.0310 or 5103.0311	931
5103.0316 of the Revised Code, as appropriate, and, in the case of	932
a proposal submitted by an agency operating a continuing training	933
program at the time the proposal is submitted, the department is	934
satisfied with the agency's operation of the program. If the	935
department disapproves a proposal, it shall provide the reason for	936
disapproval to the agency that submitted the proposal and advise	937
the agency of how to revise the proposal so that the department	938
can approve it.	939

(C) The department's approval under division (B) of this	940
section of a proposed preplacement training program or continuing	941
training program is valid only for two years following the year	942
the proposal for the program is submitted to the department under	943
division (A) of this section.	944

Sec. 5103.039.  Except for preplacement training programs	945
described in section 5103.0311 of the Revised Code, a preplacement	946
training program shall consist of courses in the role of foster	947
caregivers as a part of the care and treatment of foster children.	948
A foster caregiver shall complete all of the courses, which shall	949
address all of the following:	950

(A) The legal rights and responsibilities of foster	951
caregivers;	952

(B) Public children services agencies, private child placing	953
agencies, and private noncustodial agencies' policies and	954
procedures regarding foster caregivers;	955

(C) The department of job and family services' requirements	956
for certifying foster homes;	957

(D) The effects placement, separation, and attachment issues	958
have on children, their families, and foster caregivers;	959

(E) Foster caregivers' involvement in permanency planning for	960
children and their families;	961

(F) The effects of physical abuse, sexual abuse, emotional	962
abuse, neglect, and substance abuse on normal human growth and	963
development;	964

(G) Behavior management techniques;

965

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

966

(I) Cultural issues in placement;

967

(J) Prevention, recognition, and management of communicable	968
diseases;	969

(K) Community health and social services available to	970
children and their families;	971

(L) Cardiopulmonary resuscitation and first aid;

972

(M) The substance of section 2151.622152.72 of the Revised	973
Code. A course addressing section 2151.622152.72 of the Revised	974
Code shall be not less than one hour long.	975

(N)(M) In the case of a preplacement training program for a	976
foster caregiver seeking certification for a specialized foster	977
home, additional issues specific to the types of children placed	978
in specialized foster homes, including cardiopulmonary	979
resuscitation and first aid, appropriate behavioral intervention	980
techniques, such as de-escalation, self-defense, and physical	981
restraint techniques and the appropriate use of physical	982
restraints and up to eight hours of special education surrogate	983
parent trainingsuch techniques.	984

Sec. 5103.0311.  (A) A preplacement training program for	985
foster caregivers described in section 5103.033 of the Revised	986
Code shall consist of courses that address all of the following:	987

(1) The legal rights and responsibilities of foster	988
caregivers;	989

(2) The policies and procedures of public children services	990
agencies, private child placing agencies, and private noncustodial	991
agencies regarding foster caregivers;	992

(3) The department of job and family services' requirements	993
for certifying foster homes;	994

(4) Infant care;

995

(5) Cardiopulmonary resuscitation and first aid;

996

(6) Early childhood development.

997

(B) A continuing training program for foster caregivers	998
described in section 5103.033 of the Revised Code shall consist of	999
courses that address both of the following:	1000

(1) Infant care;

1001

(2) Early childhood development, including developmentally	1002
appropriate activitiesmeet the requirements of rules adopted	1003
pursuant to section 5103.0316 of the Revised Code.	1004

Sec. 5103.0316.  The department of job and family services	1005
shall adopt rules in accordance with Chapter 119. of the Revised	1006
Code as necessary for the efficient administration of sections	1007
5103.031 to 5103.0316 of the Revised Code. The rules shall provide	1008
for all of the following:	1009

(A) For the purpose of section 5103.038 of the Revised Code,	1010
the date by which a private child placing agency or private	1011
noncustodial agency that seeks to operate a preplacement training	1012
program or continuing training program under section 5103.034 of	1013
the Revised Code must submit to the department a proposal	1014
outlining the program;	1015

(B) Requirements governing the department's compensation of	1016
private child placing agencies and private noncustodial agencies	1017
under sections 5103.0312 and 5103.0313 of the Revised Code;	1018

(C) Requirements governing the continuing training required	1019
by sections 5103.032 and 5103.033 of the Revised Code;	1020

(D) Any other matter the department considers appropriate.

1021

Sec. 5103.0317.  A foster home may not receive more than five	1022
children apart from their parents, guardian, or custodian, except	1023
in order toany of the following circumstances:	1024

(A) To accommodate a sibling group or the remaining members	1025
of a sibling group;	1026

(B) When the additional child or children are related to the	1027
foster caregiver by blood or marriage;	1028

(C) When the additional child or children are foster children	1029
who previously resided in the foster home;	1030

(D) When the additional child or children are the children of	1031
a foster child who resides in the foster home.	1032

Sec. 5120.65.  (A) The department of rehabilitation and	1033
correction may establish in one or more of the institutions for	1034
women operated by the department a prison nursery program under	1035
which eligible inmates and children born to them while in the	1036
custody of the department may reside together in the institution.	1037
If the department establishes a prison nursery program in one or	1038
more institutions under this section, sections 5120.651 to	1039
5120.657 of the Revised Code apply regarding the program. If the	1040
department establishes a prison nursery program and an inmate	1041
participates in the program, neither the inmate's participation in	1042
the program nor any provision of sections 5120.65 to 5120.658	1043
5120.657 of the Revised Code affects, modifies, or interferes with	1044
the inmate's custodial rights of the child or establishes legal	1045
custody of the child with the department.	1046

(B) As used in sections 5120.651 to 5120.657 of the Revised	1047
Code:	1048

(1) "Prison nursery program" means the prison nursery program	1049
established by the department of rehabilitation and correction	1050
under this section, if one is so established.	1051

(2) "Public assistance" has the same meaning as in section	1052
5101.58 of the Revised Code.	1053

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

1054

(4) "Support order" has the same meaning as in section	1055
3113.213119.01 of the Revised Code.	1056

Sec. 5153.60. (A) The department of job and family services	1057
shall establish a statewide program that provides all of the	1058
following:	1059

(1) The training section 5153.122 of the Revised Code	1060
requires public children services agency caseworkers and	1061
supervisors to complete;	1062

(2) The preplacement and continuing training described in	1063
sections 5103.034, 5103.039, 5103.0310, and 5103.0311 of the	1064
Revised Code that foster caregivers are required by sections	1065
5103.031, 5103.032, and 5103.033 of the Revised Code to obtain;	1066

(3) The education programs for adoption assessors required by	1067
section 3107.014 of the Revised Code.	1068

(B) The program established pursuant to division (A) of this	1069
section shall be called the "Ohio child welfare training program."	1070

Section 2. That existing sections 109.572, 2151.86, 5103.02,	1071
5103.03, 5103.031, 5103.032, 5103.033, 5103.035, 5103.037,	1072
5103.038, 5103.039, 5103.0311, 5103.0316, 5103.0317, 5120.65, and	1073
5153.60 and section        Sec. 5103.0310.  of the Revised Code are hereby	1074
repealed.	1075

Section 3. That Section 160 of Am. Sub. H.B. 95 of the 125th	1076
General Assembly is hereby repealed.	1077

Section 4.  Section 5103.02 of the Revised Code is presented	1078
in this act as a composite of the section as amended by both Sub.	1079
H.B. 332 and Sub. H.B. 448 of the 123rd General Assembly. The	1080
General Assembly, applying the principle stated in division (B) of	1081
section 1.52 of the Revised Code that amendments are to be	1082
harmonized if reasonably capable of simultaneous operation, finds	1083
that the composite is the resulting version of the section in	1084
effect prior to the effective date of the section as presented in	1085
this act.	1086