As Reported by the House Juvenile and Family Law Committee

125th General Assembly Regular Session 2003-2004

Sub. S. B. No. 66

Senators Schuring, Stivers, Jacobson, Dann, Fedor, Miller, Brady, Armbruster, Carey, Mumper, Prentiss, Roberts, Spada, Zurz 

Representatives Gilb, Walcher, DeGeeter, Harwood, Hollister, Reidelbach, Skindell, Slaby, Widowfield, Willamowski 

---

A BILL

To amend sections 2151.421, 3109.17, and 3109.18 and

1

to enact sections 2151.425, 2151.426, 2151.427,

2

2151.428, 3109.171, and 3109.172 of the Revised

3

Code to permit counties to establish Children's

4

Advocacy Centers to perform and provide certain

5

functions, activities, and services relative to

6

reports of child sexual abuse or other types of

7

abuse of a child over which the document creating

8

the center gives it jurisdiction; to require the

9

Children's Trust Fund Board to develop and provide

10

to certain entities and persons a list of funding

11

sources for establishing or operating a Children's

12

Advocacy Center; to permit child abuse and child

13

neglect prevention advisory boards to request up

14

to $5,000 per county out of Children's Trust Fund

15

Board funds as one-time, start-up costs for a

16

Children's Advocacy Center; to permit children's

17

advocacy centers to annually request funds from

18

the Children's Trust Fund Board to conduct primary

19

prevention strategies; and to provide the

20

Children's Trust Fund Board with more authority

21

and flexibility to approve, revise, or deny a

22

child abuse and child neglect prevention advisory

23

board's local plan.

24

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

Section 1. That sections 2151.421, 3109.17, and 3109.18 be	25
amended and sections 2151.425, 2151.426, 2151.427, 2151.428,	26
3109.171, and 3109.172 of the Revised Code be enacted to read as	27
follows:	28

Sec. 2151.421.  (A)(1)(a) No person described in division	29
(A)(1)(b) of this section who is acting in an official or	30
professional capacity and knows or suspects that a child under	31
eighteen years of age or a mentally retarded, developmentally	32
disabled, or physically impaired child under twenty-one years of	33
age has suffered or faces a threat of suffering any physical or	34
mental wound, injury, disability, or condition of a nature that	35
reasonably indicates abuse or neglect of the child, shall fail to	36
immediately report that knowledge or suspicion to the entity or	37
persons specified in this division. Except as provided in section	38
5120.173 of the Revised Code, the person making the report shall	39
make it to the public children services agency or a municipal or	40
county peace officer in the county in which the child resides or	41
in which the abuse or neglect is occurring or has occurred. In the	42
circumstances described in section 5120.173 of the Revised Code,	43
the person making the report shall make it to the entity specified	44
in that section.	45

(b) Division (A)(1)(a) of this section applies to any person	46
who is an attorney; physician, including a hospital intern or	47
resident; dentist; podiatrist; practitioner of a limited branch of	48
medicine as specified in section 4731.15 of the Revised Code;	49
registered nurse; licensed practical nurse; visiting nurse; other	50
health care professional; licensed psychologist; licensed school	51
psychologist; independent marriage and family therapist or	52
marriage and family therapist; speech pathologist or audiologist;	53
coroner; administrator or employee of a child day-care center;	54
administrator or employee of a residential camp or child day camp;	55
administrator or employee of a certified child care agency or	56
other public or private children services agency; school teacher;	57
school employee; school authority; person engaged in social work	58
or the practice of professional counseling; agent of a county	59
humane society; person rendering spiritual treatment through	60
prayer in accordance with the tenets of a well-recognized	61
religion; superintendent, board member, or employee of a county	62
board of mental retardation; investigative agent contracted with	63
by a county board of mental retardation; or employee of the	64
department of mental retardation and developmental disabilities.	65

(2) An attorney or a physician is not required to make a	66
report pursuant to division (A)(1) of this section concerning any	67
communication the attorney or physician receives from a client or	68
patient in an attorney-client or physician-patient relationship,	69
if, in accordance with division (A) or (B) of section 2317.02 of	70
the Revised Code, the attorney or physician could not testify with	71
respect to that communication in a civil or criminal proceeding,	72
except that the client or patient is deemed to have waived any	73
testimonial privilege under division (A) or (B) of section 2317.02	74
of the Revised Code with respect to that communication and the	75
attorney or physician shall make a report pursuant to division	76
(A)(1) of this section with respect to that communication, if all	77
of the following apply:	78

(a) The client or patient, at the time of the communication,	79
is either a child under eighteen years of age or a mentally	80
retarded, developmentally disabled, or physically impaired person	81
under twenty-one years of age.	82

(b) The attorney or physician knows or suspects, as a result	83
of the communication or any observations made during that	84
communication, that the client or patient has suffered or faces a	85
threat of suffering any physical or mental wound, injury,	86
disability, or condition of a nature that reasonably indicates	87
abuse or neglect of the client or patient.	88

(c) The attorney-client or physician-patient relationship	89
does not arise out of the client's or patient's attempt to have an	90
abortion without the notification of her parents, guardian, or	91
custodian in accordance with section 2151.85 of the Revised Code.	92

(B) Anyone, who knows or suspects that a child under eighteen	93
years of age or a mentally retarded, developmentally disabled, or	94
physically impaired person under twenty-one years of age has	95
suffered or faces a threat of suffering any physical or mental	96
wound, injury, disability, or other condition of a nature that	97
reasonably indicates abuse or neglect of the child may report or	98
cause reports to be made of that knowledge or suspicion to the	99
entity or persons specified in this division. Except as provided	100
in section 5120.173 of the Revised Code, a person making a report	101
or causing a report to be made under this division shall make it	102
or cause it to be made to the public children services agency or	103
to a municipal or county peace officer. In the circumstances	104
described in section 5120.173 of the Revised Code, a person making	105
a report or causing a report to be made under this division shall	106
make it or cause it to be made to the entity specified in that	107
section.	108

(C) Any report made pursuant to division (A) or (B) of this	109
section shall be made forthwith either by telephone or in person	110
and shall be followed by a written report, if requested by the	111
receiving agency or officer. The written report shall contain:	112

(1) The names and addresses of the child and the child's	113
parents or the person or persons having custody of the child, if	114
known;	115

(2) The child's age and the nature and extent of the child's	116
known or suspected injuries, abuse, or neglect or of the known or	117
suspected threat of injury, abuse, or neglect, including any	118
evidence of previous injuries, abuse, or neglect;	119

(3) Any other information that might be helpful in	120
establishing the cause of the known or suspected injury, abuse, or	121
neglect or of the known or suspected threat of injury, abuse, or	122
neglect.	123

Any person, who is required by division (A) of this section	124
to report known or suspected child abuse or child neglect, may	125
take or cause to be taken color photographs of areas of trauma	126
visible on a child and, if medically indicated, cause to be	127
performed radiological examinations of the child.	128

(D)(1)As used in this division, "children's advocacy center"	129
and "sexual abuse of a child" have the same meanings as in section	130
2151.425 of the Revised Code.	131

(1) When a municipal or county peace officer receives a	132
report concerning the possible abuse or neglect of a child or the	133
possible threat of abuse or neglect of a child, upon receipt of	134
the report, the municipal or county peace officer who receives the	135
report shall refer the report to the appropriate public children	136
services agency.	137

(2) When a public children services agency receives a report	138
pursuant to this division or division (A) or (B) of this section,	139
upon receipt of the report, the public children services agency	140
shall complydo both of the following:	141

(a) Comply with section 2151.422 of the Revised Code;

142

(b) If the county served by the agency is also served by a	143
children's advocacy center and the report alleges sexual abuse of	144
a child or another type of abuse of a child that is specified in	145
the memorandum of understanding that creates the center as being	146
within the center's jurisdiction, comply regarding the report with	147
the protocol and procedures for referrals and investigations, with	148
the coordinating activities, and with the authority or	149
responsibility for performing or providing functions, activities,	150
and services stipulated in the interagency agreement entered into	151
under section 2151.428 of the Revised Code relative to that	152
center.	153

(E) No township, municipal, or county peace officer shall	154
remove a child about whom a report is made pursuant to this	155
section from the child's parents, stepparents, or guardian or any	156
other persons having custody of the child without consultation	157
with the public children services agency, unless, in the judgment	158
of the officer, and, if the report was made by physician, the	159
physician, immediate removal is considered essential to protect	160
the child from further abuse or neglect. The agency that must be	161
consulted shall be the agency conducting the investigation of the	162
report as determined pursuant to section 2151.422 of the Revised	163
Code.	164

(F)(1) Except as provided in section 2151.422 of the Revised	165
Code or in an interagency agreement entered into under section	166
2151.428 of the Revised Code that applies to the particular	167
report, the public children services agency shall investigate,	168
within twenty-four hours, each report of known or suspected child	169
abuse or child neglect and of a known or suspected threat of child	170
abuse or child neglect that is referred to it under this section	171
to determine the circumstances surrounding the injuries, abuse, or	172
neglect or the threat of injury, abuse, or neglect, the cause of	173
the injuries, abuse, neglect, or threat, and the person or persons	174
responsible. The investigation shall be made in cooperation with	175
the law enforcement agency and in accordance with the memorandum	176
of understanding prepared under division (J) of this section. A	177
failure to make the investigation in accordance with the	178
memorandum is not grounds for, and shall not result in, the	179
dismissal of any charges or complaint arising from the report or	180
the suppression of any evidence obtained as a result of the report	181
and does not give, and shall not be construed as giving, any	182
rights or any grounds for appeal or post-conviction relief to any	183
person. The public children services agency shall report each case	184
to a central registry which the department of job and family	185
services shall maintain in order to determine whether prior	186
reports have been made in other counties concerning the child or	187
other principals in the case. The public children services agency	188
shall submit a report of its investigation, in writing, to the law	189
enforcement agency.	190

(2) The public children services agency shall make any	191
recommendations to the county prosecuting attorney or city	192
director of law that it considers necessary to protect any	193
children that are brought to its attention.	194

(G)(1)(a) Except as provided in division (H)(3) of this	195
section, anyone or any hospital, institution, school, health	196
department, or agency participating in the making of reports under	197
division (A) of this section, anyone or any hospital, institution,	198
school, health department, or agency participating in good faith	199
in the making of reports under division (B) of this section, and	200
anyone participating in good faith in a judicial proceeding	201
resulting from the reports, shall be immune from any civil or	202
criminal liability for injury, death, or loss to person or	203
property that otherwise might be incurred or imposed as a result	204
of the making of the reports or the participation in the judicial	205
proceeding.	206

(b) Notwithstanding section 4731.22 of the Revised Code, the	207
physician-patient privilege shall not be a ground for excluding	208
evidence regarding a child's injuries, abuse, or neglect, or the	209
cause of the injuries, abuse, or neglect in any judicial	210
proceeding resulting from a report submitted pursuant to this	211
section.	212

(2) In any civil or criminal action or proceeding in which it	213
is alleged and proved that participation in the making of a report	214
under this section was not in good faith or participation in a	215
judicial proceeding resulting from a report made under this	216
section was not in good faith, the court shall award the	217
prevailing party reasonable attorney's fees and costs and, if a	218
civil action or proceeding is voluntarily dismissed, may award	219
reasonable attorney's fees and costs to the party against whom the	220
civil action or proceeding is brought.	221

(H)(1) Except as provided in divisions (H)(4) and (M) of this	222
section, a report made under this section is confidential. The	223
information provided in a report made pursuant to this section and	224
the name of the person who made the report shall not be released	225
for use, and shall not be used, as evidence in any civil action or	226
proceeding brought against the person who made the report. In a	227
criminal proceeding, the report is admissible in evidence in	228
accordance with the Rules of Evidence and is subject to discovery	229
in accordance with the Rules of Criminal Procedure.	230

(2) No person shall permit or encourage the unauthorized	231
dissemination of the contents of any report made under this	232
section.	233

(3) A person who knowingly makes or causes another person to	234
make a false report under division (B) of this section that	235
alleges that any person has committed an act or omission that	236
resulted in a child being an abused child or a neglected child is	237
guilty of a violation of section 2921.14 of the Revised Code.	238

(4) If a report is made pursuant to division (A) or (B) of	239
this section and the child who is the subject of the report dies	240
for any reason at any time after the report is made, but before	241
the child attains eighteen years of age, the public children	242
services agency or municipal or county peace officer to which the	243
report was made or referred, on the request of the child fatality	244
review board, shall submit a summary sheet of information	245
providing a summary of the report to the review board of the	246
county in which the deceased child resided at the time of death.	247
On the request of the review board, the agency or peace officer	248
may, at its discretion, make the report available to the review	249
board. If the county served by the public children services agency	250
is also served by a children's advocacy center and the report of	251
alleged sexual abuse of a child or another type of abuse of a	252
child is specified in the memorandum of understanding that creates	253
the center as being within the center's jurisdiction, the agency	254
or center shall perform the duties and functions specified in this	255
division in accordance with the interagency agreement entered into	256
under section 2151.428 of the Revised Code relative to that	257
advocacy center.	258

(5) A public children services agency shall advise a person	259
alleged to have inflicted abuse or neglect on a child who is the	260
subject of a report made pursuant to this section, including a	261
report alleging sexual abuse of a child or another type of abuse	262
of a child referred to a children's advocacy center pursuant to an	263
interagency agreement entered into under section 2151.428 of the	264
Revised Code, in writing of the disposition of the investigation.	265
The agency shall not provide to the person any information that	266
identifies the person who made the report, statements of	267
witnesses, or police or other investigative reports.	268

(I) Any report that is required by this section, other than a	269
report that is made to the state highway patrol as described in	270
section 5120.173 of the Revised Code, shall result in protective	271
services and emergency supportive services being made available by	272
the public children services agency on behalf of the children	273
about whom the report is made, in an effort to prevent further	274
neglect or abuse, to enhance their welfare, and, whenever	275
possible, to preserve the family unit intact. The agency required	276
to provide the services shall be the agency conducting the	277
investigation of the report pursuant to section 2151.422 of the	278
Revised Code.	279

(J)(1) Each public children services agency shall prepare a	280
memorandum of understanding that is signed by all of the	281
following:	282

(a) If there is only one juvenile judge in the county, the	283
juvenile judge of the county or the juvenile judge's	284
representative;	285

(b) If there is more than one juvenile judge in the county, a	286
juvenile judge or the juvenile judges' representative selected by	287
the juvenile judges or, if they are unable to do so for any	288
reason, the juvenile judge who is senior in point of service or	289
the senior juvenile judge's representative;	290

(c) The county peace officer;

291

(d) All chief municipal peace officers within the county;

292

(e) Other law enforcement officers handling child abuse and	293
neglect cases in the county;	294

(f) The prosecuting attorney of the county;

295

(g) If the public children services agency is not the county	296
department of job and family services, the county department of	297
job and family services;	298

(h) The county humane society;

299

(i) If the public children services agency participated in	300
the execution of a memorandum of understanding under section	301
2151.426 of the Revised Code establishing a children's advocacy	302
center, each participating member of the children's advocacy	303
center established by the memorandum.	304

(2) A memorandum of understanding shall set forth the normal	305
operating procedure to be employed by all concerned officials in	306
the execution of their respective responsibilities under this	307
section and division (C) of section 2919.21, division (B)(1) of	308
section 2919.22, division (B) of section 2919.23, and section	309
2919.24 of the Revised Code and shall have as two of its primary	310
goals the elimination of all unnecessary interviews of children	311
who are the subject of reports made pursuant to division (A) or	312
(B) of this section and, when feasible, providing for only one	313
interview of a child who is the subject of any report made	314
pursuant to division (A) or (B) of this section. A failure to	315
follow the procedure set forth in the memorandum by the concerned	316
officials is not grounds for, and shall not result in, the	317
dismissal of any charges or complaint arising from any reported	318
case of abuse or neglect or the suppression of any evidence	319
obtained as a result of any reported child abuse or child neglect	320
and does not give, and shall not be construed as giving, any	321
rights or any grounds for appeal or post-conviction relief to any	322
person.	323

(3) A memorandum of understanding shall include all of the	324
following:	325

(a) The roles and responsibilities for handling emergency and	326
nonemergency cases of abuse and neglect;	327

(b) Standards and procedures to be used in handling and	328
coordinating investigations of reported cases of child abuse and	329
reported cases of child neglect, methods to be used in	330
interviewing the child who is the subject of the report and who	331
allegedly was abused or neglected, and standards and procedures	332
addressing the categories of persons who may interview the child	333
who is the subject of the report and who allegedly was abused or	334
neglected.	335

(4) If a public children services agency participated in the	336
execution of a memorandum of understanding under section 2151.426	337
of the Revised Code establishing a children's advocacy center, the	338
agency shall incorporate the contents of that memorandum in the	339
memorandum prepared pursuant to this section.	340

(K)(1) Except as provided in division (K)(4) of this section,	341
a person who is required to make a report pursuant to division (A)	342
of this section may make a reasonable number of requests of the	343
public children services agency that receives or is referred the	344
report, or of the children's advocacy center that is referred the	345
report if the report is referred to a children's advocacy center	346
pursuant to an interagency agreement entered into under section	347
2151.428 of the Revised Code, to be provided with the following	348
information:	349

(a) Whether the agency or center has initiated an	350
investigation of the report;	351

(b) Whether the agency or center is continuing to investigate	352
the report;	353

(c) Whether the agency or center is otherwise involved with	354
the child who is the subject of the report;	355

(d) The general status of the health and safety of the child	356
who is the subject of the report;	357

(e) Whether the report has resulted in the filing of a	358
complaint in juvenile court or of criminal charges in another	359
court.	360

(2) A person may request the information specified in	361
division (K)(1) of this section only if, at the time the report is	362
made, the person's name, address, and telephone number are	363
provided to the person who receives the report.	364

When a municipal or county peace officer or employee of a	365
public children services agency receives a report pursuant to	366
division (A) or (B) of this section the recipient of the report	367
shall inform the person of the right to request the information	368
described in division (K)(1) of this section. The recipient of the	369
report shall include in the initial child abuse or child neglect	370
report that the person making the report was so informed and, if	371
provided at the time of the making of the report, shall include	372
the person's name, address, and telephone number in the report.	373

Each request is subject to verification of the identity of	374
the person making the report. If that person's identity is	375
verified, the agency shall provide the person with the information	376
described in division (K)(1) of this section a reasonable number	377
of times, except that the agency shall not disclose any	378
confidential information regarding the child who is the subject of	379
the report other than the information described in those	380
divisions.	381

(3) A request made pursuant to division (K)(1) of this	382
section is not a substitute for any report required to be made	383
pursuant to division (A) of this section.	384

(4) If an agency other than the agency that received or was	385
referred the report is conducting the investigation of the report	386
pursuant to section 2151.422 of the Revised Code, the agency	387
conducting the investigation shall comply with the requirements of	388
division (K) of this section.	389

(L) The director of job and family services shall adopt rules	390
in accordance with Chapter 119. of the Revised Code to implement	391
this section. The department of job and family services may enter	392
into a plan of cooperation with any other governmental entity to	393
aid in ensuring that children are protected from abuse and	394
neglect. The department shall make recommendations to the attorney	395
general that the department determines are necessary to protect	396
children from child abuse and child neglect.	397

(M)(1) As used in this division:

398

(a) "Out-of-home care" includes a nonchartered nonpublic	399
school if the alleged child abuse or child neglect, or alleged	400
threat of child abuse or child neglect, described in a report	401
received by a public children services agency allegedly occurred	402
in or involved the nonchartered nonpublic school and the alleged	403
perpetrator named in the report holds a certificate, permit, or	404
license issued by the state board of education under section	405
3301.071 or Chapter 3319. of the Revised Code.	406

(b) "Administrator, director, or other chief administrative	407
officer" means the superintendent of the school district if the	408
out-of-home care entity subject to a report made pursuant to this	409
section is a school operated by the district.	410

(2) No later than the end of the day following the day on	411
which a public children services agency receives a report of	412
alleged child abuse or child neglect, or a report of an alleged	413
threat of child abuse or child neglect, that allegedly occurred in	414
or involved an out-of-home care entity, the agency shall provide	415
written notice of the allegations contained in and the person	416
named as the alleged perpetrator in the report to the	417
administrator, director, or other chief administrative officer of	418
the out-of-home care entity that is the subject of the report	419
unless the administrator, director, or other chief administrative	420
officer is named as an alleged perpetrator in the report. If the	421
administrator, director, or other chief administrative officer of	422
an out-of-home care entity is named as an alleged perpetrator in a	423
report of alleged child abuse or child neglect, or a report of an	424
alleged threat of child abuse or child neglect, that allegedly	425
occurred in or involved the out-of-home care entity, the agency	426
shall provide the written notice to the owner or governing board	427
of the out-of-home care entity that is the subject of the report.	428
The agency shall not provide witness statements or police or other	429
investigative reports.	430

(3) No later than three days after the day on which a public	431
children services agency that conducted the investigation as	432
determined pursuant to section 2151.422 of the Revised Code makes	433
a disposition of an investigation involving a report of alleged	434
child abuse or child neglect, or a report of an alleged threat of	435
child abuse or child neglect, that allegedly occurred in or	436
involved an out-of-home care entity, the agency shall send written	437
notice of the disposition of the investigation to the	438
administrator, director, or other chief administrative officer and	439
the owner or governing board of the out-of-home care entity. The	440
agency shall not provide witness statements or police or other	441
investigative reports.	442

Sec. 2151.425. As used in sections 2151.426 to 2151.428 of	443
the Revised Code:	444

(A) "Children's advocacy center" means a center operated by	445
participating entities within a county or two or more contiguous	446
counties to perform functions and activities and provide services,	447
in accordance with the interagency agreement entered into under	448
section 2151.428 of the Revised Code, regarding reports received	449
under section 2151.421 of the Revised Code of alleged sexual abuse	450
of a child or another type of abuse of a child that is specified	451
in the memorandum of understanding that creates the center as	452
being within the center's jurisdiction and regarding the children	453
who are the subjects of the report.	454

(B) "Sexual abuse of a child" means unlawful sexual conduct	455
or sexual contact, as those terms are defined in section 2907.01	456
of the Revised Code, with a person under eighteen years of age or	457
a mentally retarded, developmentally disabled, or physically	458
impaired person under twenty-one years of age.	459

Sec. 2151.426. (A)(1) A children's advocacy center may be	460
established to serve a single county by execution of a memorandum	461
of understanding regarding the participation in the operation of	462
the center by any of the following entities in the county to be	463
served by the center:	464

(a) The public children services agency;

465

(b) Representatives of any county or municipal law	466
enforcement agencies serving the county that investigate any of	467
the types of abuse specified in the memorandum of understanding	468
creating the center as being within the center's jurisdiction;	469

(c) The prosecuting attorney of the county or a village	470
solicitor, city director of law, or similar chief legal officer of	471
a municipal corporation in the county who prosecutes any of the	472
types of abuse specified in the memorandum of understanding	473
creating the center as being within the center's jurisdiction in	474
the area to be served by the center;	475

(d) Any other entity considered appropriate by all of the	476
other entities executing the memorandum.	477

(2) A children's advocacy center may be established to serve	478
two or more contiguous counties if a memorandum of understanding	479
regarding the participation in the operation of the center is	480
executed by any of the entities described in division (A)(1) of	481
this section in each county to be served by the center.	482

(3) Any memorandum of understanding executed under this	483
section may include a provision that specifies types of abuse of a	484
child, in addition to sexual abuse of a child, that are to be	485
within the jurisdiction of the children's advocacy center created	486
as a result of the execution of the memorandum. If a memorandum of	487
understanding executed under this section does not include any	488
provision of that nature, the children's advocacy center created	489
as a result of the execution of the memorandum has jurisdiction	490
only in relation to reports of alleged sexual abuse of a child.	491

(B) Each entity that participates in the execution of a	492
memorandum of understanding under this section shall cooperate in	493
all of the following:	494

(1) Developing a multidisciplinary team pursuant to section	495
2151.427 of the Revised Code to perform the functions and	496
activities and provide the services specified in the interagency	497
agreement entered into under section 2151.428 of the Revised Code,	498
regarding reports received under section 2151.421 of the Revised	499
Code of alleged sexual abuse of a child and reports of allegations	500
of another type of abuse of a child that is specified in the	501
memorandum of understanding that creates the center as being	502
within the center's jurisdiction, and regarding the children who	503
are the subjects of the reports;	504

(2) Participating in the operation of the center in	505
compliance with standards for full membership established by the	506
national children's alliance;	507

(3) Employing the center's staff.

508

(C) A center shall do both of the following:

509

(1) Operate in accordance with sections 2151.427 and 2151.428	510
of the Revised Code, the interagency agreement entered into under	511
section 2151.428 of the Revised Code relative to the center, and	512
the standards for full membership established by the national	513
children's alliance;	514

(2) Register annually with the attorney general.

515

Sec. 2151.427.  (A) The entities that participate in a	516
memorandum of understanding executed under section 2151.426 of the	517
Revised Code establishing a children's advocacy center shall	518
assemble the center's multidisciplinary team.	519

(B)(1) The multidisciplinary team for a single county center	520
shall consist of the following members who serve the county:	521

(a) Any county or municipal law enforcement officer;

522

(b) The executive director of the public children services	523
agency or a designee of the executive director;	524

(c) The prosecuting attorney of the county or the prosecuting	525
attorney's designee;	526

(d) A mental health professional;

527

(e) A medical health professional;

528

(f) A victim advocate;

529

(g) A center staff member;

530

(h) Any other person considered appropriate by all of the	531
entities that executed the memorandum.	532

(2) If the center serves two or more contiguous counties, the	533
multidisciplinary team shall consist of the members described in	534
division (B)(1) of this section from the counties to be served by	535
the center, with each county to be served by the center being	536
represented on the multidisciplinary team by at least one member	537
described in that division.	538

(C) The multidisciplinary team shall perform the functions	539
and activities and provide the services specified in the	540
interagency agreement entered into under section 2151.428 of the	541
Revised Code, regarding reports received under section 2151.421 of	542
the Revised Code of alleged sexual abuse of a child and reports of	543
allegations of another type of abuse of a child that is specified	544
in the memorandum of understanding that creates the center as	545
being within the center's jurisdiction and regarding the children	546
who are the subjects of the reports.	547

Sec. 2151.428. (A) If a children's advocacy center is	548
established under section 2151.426 of the Revised Code, in	549
addition to the memorandum of understanding executed under that	550
section, each public children services agency that participates in	551
the execution of the memorandum of understanding, the children's	552
advocacy center, and the children's advocacy center's	553
multidisciplinary team assembled under section 2151.427 of the	554
Revised Code shall enter into an interagency agreement that	555
stipulates all of the following regarding reports received under	556
section 2151.421 of the Revised Code of alleged sexual abuse of a	557
child and reports of allegations of another type of abuse of a	558
child that is specified in the memorandum of understanding that	559
creates the center as being within the center's jurisdiction:	560

(1) The protocol and procedures for any and all referrals and	561
investigations of the reports;	562

(2) Any and all coordinating activities between the parties	563
that enter into the agreement;	564

(3) The authority or responsibility for performing any and	565
all functions and activities, and providing any and all services,	566
regarding the reports and the children who are the subjects of the	567
reports.	568

(B) The parties that enter into an interagency agreement	569
under division (A) of this section shall comply with the agreement	570
in referring the reports, investigating the reports, coordinating	571
the activities between the parties, and performing and providing	572
the functions, activities, and services relative to the reports	573
and the children who are the subjects of the reports.	574

(C) Nothing in this section, section 2151.421, or sections	575
2151.425 to 2151.427 of the Revised Code pertaining to the	576
operation of a children's advocacy center shall relieve any public	577
official or agency from any legal obligation or responsibility.	578

Sec. 3109.17.  (A) For each fiscal biennium, the children's	579
trust fund board shall establish a biennial state plan for	580
comprehensive child abuse and child neglect prevention. The plan	581
shall be transmitted to the governor, the president and minority	582
leader of the senate, and the speaker and minority leader of the	583
house of representatives and shall be made available to the	584
general public. The board may define in the state plan the term	585
"effective public notice." If the board does not define that term	586
in the state plan, the board shall include in the state plan the	587
definition of "effective public notice" specified in rules adopted	588
by the department of job and family services.	589

(B) In developing and carrying out the state plan, the	590
children's trust fund board shall, in accordance with Chapter 119.	591
of the Revised Code, do all of the following:	592

(1) Ensure that an opportunity exists for assistance through	593
child abuse and child neglect prevention programs to persons	594
throughout the state of various social and economic backgrounds;	595

(2) Before the thirtieth day of October of each year, notify	596
each child abuse and child neglect prevention advisory board of	597
the amount estimated to be allocated to that advisory board for	598
the following fiscal year.;	599

(3) Develop criteria for county or district comprehensive	600
local allocation plans, including criteria for determining the	601
plans' effectiveness;	602

(4) Review, and approve or disapprove, county or district	603
comprehensivelocal allocation plans, as described in section	604
3109.171 of the Revised Code;	605

(5) Allocate funds to each child abuse and child neglect	606
prevention advisory board for the purpose of funding child abuse	607
and child neglect prevention programs. Funds shall be allocated	608
among advisory boards according to a formula based on the ratio of	609
the number of children under age eighteen in the county or	610
multicounty district to the number of children under age eighteen	611
in the state, as shown in the most recent federal decennial census	612
of population. Subject to the availability of funds and except as	613
provided in section 3109.171 of the Revised Code, each advisory	614
board shall receive a minimum of ten thousand dollars per fiscal	615
year. In the case of an advisory board that serves a multicounty	616
district, the advisory board shall receive, subject to available	617
funds and except as provided in section 3109.171 of the Revised	618
Code, a minimum of ten thousand dollars per fiscal year for each	619
county in the district. Funds shall be disbursed to the advisory	620
boards twice annually. At least fifty per cent of the funds	621
allocated to an advisory board for a fiscal year shall be	622
disbursed to the advisory board not later than the thirtieth day	623
of September. The remainder of the funds allocated to the advisory	624
board for that fiscal year shall be disbursed before the	625
thirty-first day of March.	626

If the children's trust fund board determines, based on	627
county or district performance or on the annual report submitted	628
by an advisory board, that the advisory board is not operating in	629
accordance with the criteria established in division (B)(3) of	630
this section, it may revise the allocation of funds that the	631
advisory board receives.	632

The board shall specify the criteria child abuse and child	633
neglect prevention advisory boards are to use in reviewing	634
applications under division (F)(3) of section 3109.18 of the	635
Revised Code.	636

(6) Allocate funds to entities other than child abuse and	637
child neglect prevention advisory boards for the purpose of	638
funding child abuse and child neglect prevention programs that	639
have statewide significance and that have been approved in the	640
state planby the children's trust fund board;	641

(7) Provide for the monitoring of expenditures from the	642
children's trust fund and of programs that receive money from the	643
children's trust fund;	644

(8) Establish reporting requirements for advisory boards;

645

(9) Collaborate with appropriate persons and government	646
entities and facilitate the exchange of information among those	647
persons and entities for the purpose of child abuse and child	648
neglect prevention;	649

(10) Provide for the education of the public and	650
professionals for the purpose of child abuse and child neglect	651
prevention;	652

(11) Create and provide to each advisory board a children's	653
trust fund grant application form;	654

(12) Specify the information to be included in a semi-annual	655
and an annual report completed by a children's advocacy center for	656
which a child abuse and child neglect prevention advisory board	657
uses funds allocated to the advisory board under section 3109.172	658
of the Revised Code, and each other person or entity that is a	659
recipient of a children's trust fund grant under division (K)(1)	660
of section 3109.18 of the Revised Code.	661

(C) The children's trust fund board shall prepare a report	662
for each fiscal biennium that delineates the expenditure of money	663
from the children's trust fund. On or before January 1, 2002, and	664
on or before the first day of January of a year that follows the	665
end of a fiscal biennium of this state, the board shall file a	666
copy of the report with the governor, the president and minority	667
leader of the senate, and the speaker and minority leader of the	668
house of representatives.	669

(D) The children's trust fund board shall develop a list of	670
all state and federal sources of funding that might be available	671
for establishing, operating, or establishing and operating a	672
children's advocacy center under sections 2151.425 to 2151.428 of	673
the Revised Code. The board periodically shall update the list as	674
necessary. The board shall maintain, or provide for the	675
maintenance of, the list at an appropriate location. That location	676
may be the offices of the department of job and family services.	677
The board shall provide the list upon request to any children's	678
advocacy center or to any person or entity identified in section	679
2151.426 of the Revised Code as a person or entity that may	680
participate in the establishment of a children's advocacy center.	681

Sec. 3109.171.  (A) On receipt of a local allocation plan	682
from a child abuse and child neglect prevention advisory board	683
submitted pursuant to division (F)(1) of section 3109.18 of the	684
Revised Code, the children's trust fund board may do either of the	685
following:	686

(1) Approve the plan;

687

(2) Require that the advisory board make changes to the plan	688
and submit an amended plan to the board.	689

(B) If an advisory board fails to submit to the children's	690
trust fund board a local allocation plan pursuant to division	691
(F)(1) of section 3109.18 of the Revised Code that is postmarked	692
on or before the first day of April preceding the fiscal year for	693
which the plan is developed, if an advisory board fails to submit	694
an amended plan pursuant to division (A)(2) of this section, or if	695
a plan or an amended plan submitted by an advisory board is not	696
approved by the children's trust fund board, the children's trust	697
fund board may do either of the following for the fiscal year for	698
which the plan was to have been developed:	699

(1) Deny funding to the advisory board;

700

(2) Allocate a reduced amount of funds to the advisory board,	701
on a pro-rata daily basis.	702

(C) If an advisory board fails to submit to the children's	703
trust fund board an annual report pursuant to division (K)(2) of	704
section 3109.18 of the Revised Code not later than the fifteenth	705
day of August following the year for which the report is written,	706
the board, for the following fiscal year, may allocate a reduced	707
amount of funds to the advisory board on a pro-rata daily basis.	708

Sec. 3109.172. (A)(1) Each child abuse and child neglect	709
prevention advisory board may request from the children's trust	710
fund board funds in addition to the funds allocated to the	711
advisory board under section 3109.17 of the Revised Code to be	712
used as one-time, start-up costs for the establishment and	713
operation of a children's advocacy center as follows:	714

(a) If the advisory board serves a single county, the board	715
may request an amount not to exceed five thousand dollars as	716
one-time, start-up costs for the establishment and operation of a	717
children's advocacy center that serves the county.	718

(b) If the advisory board serves a multicounty district, for	719
each county within the district, the advisory board may request an	720
amount not to exceed five thousand dollars as one-time, start-up	721
costs for the establishment and operation of a children's advocacy	722
center that serves the county in relation to which the use is	723
being made.	724

(2) Expenditures may be made under division (A)(1) of this	725
section for a children's advocacy center that is established to	726
serve a single county or that is established to serve two or more	727
contiguous counties, provided that the county in relation to which	728
the expenditure is made is served by the center for which the	729
advisory board uses the amount as one-time, start-up costs.	730

(B) Each children's advocacy center may annually request from	731
the children's trust fund board funds in addition to the funds	732
allocated to the advisory board under section 3109.17 of the	733
Revised Code to conduct primary prevention strategies.	734

(C) On receipt of a request made pursuant to this section,	735
the children's trust fund board shall review and approve or	736
disapprove the request. If the board disapproves the request, the	737
board shall send to the requestor written notice of the	738
disapproval that states the reasons for the disapproval.	739

(D) No funds allocated to a child abuse and child neglect	740
prevention advisory board under this section may be used as	741
start-up costs for any children's advocacy center unless the	742
center has as a component a primary prevention strategy.	743

No child abuse and child neglect advisory board that serves a	744
single county and that, in any fiscal year, uses funds allocated	745
under this section as start-up costs for a children's advocacy	746
center may use any amount out of any funds so allocated to the	747
advisory board for the same center in a different fiscal year or	748
for a different center in any fiscal year. No child abuse and	749
child neglect advisory board that serves a multicounty district	750
and that, in any fiscal year, uses funds so allocated to the	751
advisory board as start-up costs of a children's advocacy center	752
in relation to a particular county within the district may use any	753
amount out of any funds so allocated to the advisory board, in	754
relation to the same county, for the same center in a different	755
fiscal year or for a different center in any fiscal year.	756

Sec. 3109.18.  (A)(1) A board of county commissioners may	757
establish a child abuse and child neglect prevention advisory	758
board or may designate the county family and children first	759
council to serve as the child abuse and child neglect prevention	760
advisory board. The boards of county commissioners of two or more	761
contiguous counties may instead form a multicounty district to be	762
served by a child abuse and child neglect prevention advisory	763
board or may designate a regional family and children first	764
council to serve as the district child abuse and child neglect	765
prevention advisory board. Each advisory board shall meet at least	766
twice a year.	767

(2) The county auditor is hereby designated as the auditor	768
and fiscal officer of the advisory board. In the case of a	769
multicounty district, the boards of county commissioners that	770
formed the district shall designate the auditor of one of the	771
counties as the auditor and fiscal officer of the advisory board.	772

(B) Each county that establishes an advisory board or, in a	773
multicounty district, the county the auditor of whichwho has been	774
designated as the auditor and fiscal officer of the advisory	775
board, shall establish a fund in the county treasury known as the	776
county or district children's trust fund. The advisory board	777
auditor shall deposit all funds received from the children's trust	778
fund board into that fund, and the auditor shall distribute money	779
from the fund at the request of the advisory board.	780

(C) Each January, the board of county commissioners of a	781
county that has established an advisory board or, in a multicounty	782
district, the board of county commissioners of the county served	783
by the auditor of whichwho has been designated as the auditor and	784
fiscal officer for the advisory board, shall appropriate the	785
amount described in division (B)(2) of section 3109.17 of the	786
Revised Code for distribution by the advisory board to child abuse	787
and child neglect prevention programs.	788

(D)(1) Except in the case of a county or regional family and	789
children first council that is designated to serve as a child	790
abuse and child neglect prevention advisory board, each advisory	791
board shall consist of an odd number of members from both the	792
public and private sectors, including all of the following:	793

(a) A representative of an agency responsible for the	794
administration of children's services in the county or district;	795

(b) A provider of alcohol or drug addiction services or a	796
representative of a board of alcohol, drug addiction, and mental	797
health services that serves the county or district;	798

(c) A provider of mental health services or a representative	799
of a board of alcohol, drug addiction, and mental health services	800
that serves the county or district;	801

(d) A representative of a board of mental retardation and	802
developmental disabilities that serves the county or district;	803

(e) A representative of the educational community appointed	804
by the superintendent of the school district with largest	805
enrollment in the county or multicounty district.	806

(2) The following groups and entities may be represented on	807
the advisory board:	808

(a) Parent groups;

809

(b) Juvenile justice officials;

810

(c) Pediatricians, health department nurses, and other	811
representatives of the medical community;	812

(d) School personnel;

813

(e) Counselors and social workers;

814

(f) Head start agencies;

815

(g) Child day-care providers;

816

(h) Other persons with demonstrated knowledge in programs for	817
children.	818

(3) Of the members first appointed, at least one shall serve	819
for a term of three years, at least one for a term of two years,	820
and at least one for a term of one year. Thereafter, each member	821
shall serve a term of three years. Each member shall serve until	822
the member's successor is appointed. All vacancies on the board	823
shall be filled for the balance of the unexpired term in the same	824
manner as the original appointment.	825

(E) Each child abuse and child neglect prevention advisory	826
board of county commissioners may incur reasonable costs not to	827
exceed five per cent of the funds allocated to the county or	828
district under section 3109.17 of the Revised Code, for the	829
purpose of carrying out the functions of the advisory board.	830

(F) Each child abuse and child neglect prevention advisory	831
board shall do all of the following:	832

(1) DevelopFor each fiscal biennium, develop a comprehensive	833
local allocation plan for the purpose of preventing child abuse	834
and child neglect and submit the plan to the children's trust fund	835
board on or before the first day of April preceding the fiscal	836
year for which the plan is developed;	837

(2) Provide effective public notice, as defined by the	838
children's trust fund board in the state plan or, if the board	839
does not define the term in the state plan, as defined in rules	840
adopted by the department of job and family services, to potential	841
applicants about the availability of funds from the children's	842
trust fund, including an estimate of the amount of money available	843
for grants within each county or district, the date of at least	844
one public hearing, information on obtaining a copy of the grant	845
application form, and the deadline for submitting grant	846
applications;	847

(3) Review all applications received using criteria specified	848
in the state plan adopted by the board under section 3109.17 of	849
the Revised Code;	850

(4) Consistent with the local allocation plan developed	851
pursuant to division (F)(1) of this section, make grants to child	852
abuse and child neglect prevention programs. In making grants to	853
child abuse and child neglect prevention programs, the advisory	854
board may consider factors such as need, geographic location,	855
diversity, coordination with or improvement of existing services,	856
maintenance of local funding efforts, and extensive use of	857
volunteers.	858

(5) Establish any reporting requirements for grant	859
recipients, in addition to those specified by the children's trust	860
fund board, and for children's advocacy centers for which funds	861
are used in accordance with section 3109.172 of the Revised Code.	862

(G) A member of a child abuse and child neglect prevention	863
advisory board shall not participate in the development of a	864
comprehensivelocal allocation plan under division (F)(1) of this	865
section if it is reasonable to expect that the member's judgment	866
could be affected by the member's own financial, business,	867
property, or personal interest or other conflict of interest. For	868
purposes of this division, "conflict of interest" means the taking	869
of any action that violates any applicable provision of Chapter	870
102. or 2921. of the Revised Code. Questions relating to the	871
existence of a conflict of interest pertaining to Chapter 2921. of	872
the Revised Code shall be submitted by the advisory board to the	873
local prosecuting attorney for resolution. Questions relating to	874
the existence of a conflict of interest pertaining to Chapter 102.	875
of the Revised Code shall be submitted by the advisory board to	876
the Ohio ethics commission for resolution.	877

(H) Each advisory board shall assist the children's trust	878
fund board in monitoring programs that receive money from the	879
children's trust fund and shall perform such other duties for the	880
local administration of the children's trust fund as the	881
children's trust fund board requires.	882

(I) A children's advocacy center for which a child abuse and	883
child neglect prevention advisory board uses any amount out of the	884
funds allocated to the advisory board under section 3109.172 of	885
the Revised Code, as start-up costs for the establishment and	886
operation of the center, shall use the moneys so received only for	887
establishment and operation of the center in accordance with	888
sections 2151.425 to 2151.428 of the Revised Code. Any other	889
person or entity that is a recipient of a grant from the	890
children's trust fund shall use the grant funds only to fund	891
primary and secondary child abuse and child neglect prevention	892
programs. Any grant funds that are not spent by the recipient of	893
the funds within the time specified by the terms of the grant	894
shall be returned to the county treasurer. Any grant funds	895
returned that are not redistributed by the advisory board within	896
the state fiscal year in which they are received shall be returned	897
to the treasurer of state. The treasurer of state shall deposit	898
such unspent moneys into the children's trust fund to be spent for	899
purposes consistent with the state plan adopted under section	900
3109.17 of the Revised Code.	901

(J) Applications for grants from the children's trust fund	902
shall be made to the advisory board on forms prescribed by the	903
children's trust fund board.	904

(K)(1) Each children's advocacy center for which a child	905
abuse and child neglect prevention advisory board uses any amount	906
out of the funds allocated to the advisory board under section	907
3109.172 of the Revised Code, as start-up costs for the	908
establishment and operation of the center, and each other person	909
or entity that is a recipient of a children's trust fund grant	910
from an advisory board shall file with the advisory board a copy	911
of a semi-annual and an annual report that includes the	912
information required by the children's trust fund board.	913

(2) Each advisory board shall file with the children's trust	914
fund board, not later than the fifteenth day of August following	915
the year for which the report is written, a copy of an annual	916
report regarding the county or district comprehensivelocal	917
allocation plan that contains the information required by the	918
children's trust fund board, and regarding the advisory board's	919
use of any amount out of the funds allocated to the advisory board	920
under section 3109.172 of the Revised Code as start-up costs for	921
the establishment and operation of a children's advocacy center.	922

Section 2. That existing sections 2151.421, 3109.17, and	923
3109.18 of the Revised Code are hereby repealed.	924