SENATORS Schuring, Stivers, Jacobson, Dann, Fedor, Miller, Brady

To amend sections 2151.421, 3109.17, and 3109.18 and

1

to enact sections 2151.425, 2151.426, 2151.427,

2

2151.428, and 3109.171 of the Revised Code to

3

permit counties to establish Children's Advocacy

4

Centers to perform and provide certain functions,

5

activities, and services that are agreed upon with

6

the public children services agency, relative to

7

reports of child sexual abuse or other types of

8

abuse of a child over which the document creating

9

the center gives it jurisdiction and the children

10

who are the subjects of the report; to require the

11

Children's Trust Fund Board to develop and provide

12

to certain entities and persons a list of funding

13

sources for establishing or operating a Children's

14

Advocacy Center; to permit child abuse and child

15

neglect prevention advisory boards to use up to

16

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

17

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

18

Children's Advocacy Center; and to provide the

19

Children's Trust Fund Board with more authority

20

and flexibility to approve, revise, or deny a

21

child abuse and child neglect prevention advisory

22

board's local plan.

23

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

Section 1. That sections 2151.421, 3109.17, and 3109.18 be	24
amended and sections 2151.425, 2151.426, 2151.427, 2151.428, and	25
3109.171 of the Revised Code be enacted to read as follows:	26

Sec. 2151.421.  (A)(1)(a) No person described in division	27
(A)(1)(b) of this section who is acting in an official or	28
professional capacity and knows or suspects that a child under	29
eighteen years of age or a mentally retarded, developmentally	30
disabled, or physically impaired child under twenty-one years of	31
age has suffered or faces a threat of suffering any physical or	32
mental wound, injury, disability, or condition of a nature that	33
reasonably indicates abuse or neglect of the child, shall fail to	34
immediately report that knowledge or suspicion to the entity or	35
persons specified in this division. Except as provided in section	36
5120.173 of the Revised Code, the person making the report shall	37
make it to the public children services agency or a municipal or	38
county peace officer in the county in which the child resides or	39
in which the abuse or neglect is occurring or has occurred. In the	40
circumstances described in section 5120.173 of the Revised Code,	41
the person making the report shall make it to the entity specified	42
in that section.	43

(b) Division (A)(1)(a) of this section applies to any person	44
who is an attorney; physician, including a hospital intern or	45
resident; dentist; podiatrist; practitioner of a limited branch of	46
medicine as specified in section 4731.15 of the Revised Code;	47
registered nurse; licensed practical nurse; visiting nurse; other	48
health care professional; licensed psychologist; licensed school	49
psychologist; independent marriage and family therapist or	50
marriage and family therapist; speech pathologist or audiologist;	51
coroner; administrator or employee of a child day-care center;	52
administrator or employee of a residential camp or child day camp;	53
administrator or employee of a certified child care agency or	54
other public or private children services agency; school teacher;	55
school employee; school authority; person engaged in social work	56
or the practice of professional counseling; agent of a county	57
humane society; person rendering spiritual treatment through	58
prayer in accordance with the tenets of a well-recognized	59
religion; superintendent, board member, or employee of a county	60
board of mental retardation; investigative agent contracted with	61
by a county board of mental retardation; or employee of the	62
department of mental retardation and developmental disabilities.	63

(2) An attorney or a physician is not required to make a	64
report pursuant to division (A)(1) of this section concerning any	65
communication the attorney or physician receives from a client or	66
patient in an attorney-client or physician-patient relationship,	67
if, in accordance with division (A) or (B) of section 2317.02 of	68
the Revised Code, the attorney or physician could not testify with	69
respect to that communication in a civil or criminal proceeding,	70
except that the client or patient is deemed to have waived any	71
testimonial privilege under division (A) or (B) of section 2317.02	72
of the Revised Code with respect to that communication and the	73
attorney or physician shall make a report pursuant to division	74
(A)(1) of this section with respect to that communication, if all	75
of the following apply:	76

(a) The client or patient, at the time of the communication,	77
is either a child under eighteen years of age or a mentally	78
retarded, developmentally disabled, or physically impaired person	79
under twenty-one years of age.	80

(b) The attorney or physician knows or suspects, as a result	81
of the communication or any observations made during that	82
communication, that the client or patient has suffered or faces a	83
threat of suffering any physical or mental wound, injury,	84
disability, or condition of a nature that reasonably indicates	85
abuse or neglect of the client or patient.	86

(c) The attorney-client or physician-patient relationship	87
does not arise out of the client's or patient's attempt to have an	88
abortion without the notification of her parents, guardian, or	89
custodian in accordance with section 2151.85 of the Revised Code.	90

(B) Anyone, who knows or suspects that a child under eighteen	91
years of age or a mentally retarded, developmentally disabled, or	92
physically impaired person under twenty-one years of age has	93
suffered or faces a threat of suffering any physical or mental	94
wound, injury, disability, or other condition of a nature that	95
reasonably indicates abuse or neglect of the child may report or	96
cause reports to be made of that knowledge or suspicion to the	97
entity or persons specified in this division. Except as provided	98
in section 5120.173 of the Revised Code, a person making a report	99
or causing a report to be made under this division shall make it	100
or cause it to be made to the public children services agency or	101
to a municipal or county peace officer. In the circumstances	102
described in section 5120.173 of the Revised Code, a person making	103
a report or causing a report to be made under this division shall	104
make it or cause it to be made to the entity specified in that	105
section.	106

(C) Any report made pursuant to division (A) or (B) of this	107
section shall be made forthwith either by telephone or in person	108
and shall be followed by a written report, if requested by the	109
receiving agency or officer. The written report shall contain:	110

(1) The names and addresses of the child and the child's	111
parents or the person or persons having custody of the child, if	112
known;	113

(2) The child's age and the nature and extent of the child's	114
known or suspected injuries, abuse, or neglect or of the known or	115
suspected threat of injury, abuse, or neglect, including any	116
evidence of previous injuries, abuse, or neglect;	117

(3) Any other information that might be helpful in	118
establishing the cause of the known or suspected injury, abuse, or	119
neglect or of the known or suspected threat of injury, abuse, or	120
neglect.	121

Any person, who is required by division (A) of this section	122
to report known or suspected child abuse or child neglect, may	123
take or cause to be taken color photographs of areas of trauma	124
visible on a child and, if medically indicated, cause to be	125
performed radiological examinations of the child.	126

(D)(1)As used in this division, "children's advocacy center"	127
and "sexual abuse of a child" have the same meanings as in section	128
2151.425 of the Revised Code.	129

(1) When a municipal or county peace officer receives a	130
report concerning the possible abuse or neglect of a child or the	131
possible threat of abuse or neglect of a child, upon receipt of	132
the report, the municipal or county peace officer who receives the	133
report shall refer the report to the appropriate public children	134
services agency.	135

(2) When a public children services agency receives a report	136
pursuant to this division or division (A) or (B) of this section,	137
upon receipt of the report, the public children services agency	138
shall complydo both of the following:	139

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

140

(b) If the county served by the agency is also served by a	141
children's advocacy center and the report alleges sexual abuse of	142
a child or another type of abuse of a child that is specified in	143
the memorandum of understanding that creates the center as being	144
within the center's jurisdiction, comply regarding the report with	145
the protocol and procedures for referrals and investigations, with	146
the coordinating activities, and with the authority or	147
responsibility for performing or providing functions, activities,	148
and services stipulated in the interagency agreement entered into	149
under section 2151.428 of the Revised Code relative to that	150
center.	151

(E) No township, municipal, or county peace officer shall	152
remove a child about whom a report is made pursuant to this	153
section from the child's parents, stepparents, or guardian or any	154
other persons having custody of the child without consultation	155
with the public children services agency, unless, in the judgment	156
of the officer, and, if the report was made by physician, the	157
physician, immediate removal is considered essential to protect	158
the child from further abuse or neglect. The agency that must be	159
consulted shall be the agency conducting the investigation of the	160
report as determined pursuant to section 2151.422 of the Revised	161
Code.	162

(F)(1) Except as provided in section 2151.422 of the Revised	163
Code or in an interagency agreement entered into under section	164
2151.428 of the Revised Code that applies to the particular	165
report, the public children services agency shall investigate,	166
within twenty-four hours, each report of known or suspected child	167
abuse or child neglect and of a known or suspected threat of child	168
abuse or child neglect that is referred to it under this section	169
to determine the circumstances surrounding the injuries, abuse, or	170
neglect or the threat of injury, abuse, or neglect, the cause of	171
the injuries, abuse, neglect, or threat, and the person or persons	172
responsible. The investigation shall be made in cooperation with	173
the law enforcement agency and in accordance with the memorandum	174
of understanding prepared under division (J) of this section. A	175
failure to make the investigation in accordance with the	176
memorandum is not grounds for, and shall not result in, the	177
dismissal of any charges or complaint arising from the report or	178
the suppression of any evidence obtained as a result of the report	179
and does not give, and shall not be construed as giving, any	180
rights or any grounds for appeal or post-conviction relief to any	181
person. The public children services agency shall report each case	182
to a central registry which the department of job and family	183
services shall maintain in order to determine whether prior	184
reports have been made in other counties concerning the child or	185
other principals in the case. The public children services agency	186
shall submit a report of its investigation, in writing, to the law	187
enforcement agency.	188

(2) The public children services agency shall make any	189
recommendations to the county prosecuting attorney or city	190
director of law that it considers necessary to protect any	191
children that are brought to its attention.	192

(G)(1)(a) Except as provided in division (H)(3) of this	193
section, anyone or any hospital, institution, school, health	194
department, or agency participating in the making of reports under	195
division (A) of this section, anyone or any hospital, institution,	196
school, health department, or agency participating in good faith	197
in the making of reports under division (B) of this section, and	198
anyone participating in good faith in a judicial proceeding	199
resulting from the reports, shall be immune from any civil or	200
criminal liability for injury, death, or loss to person or	201
property that otherwise might be incurred or imposed as a result	202
of the making of the reports or the participation in the judicial	203
proceeding.	204

(b) Notwithstanding section 4731.22 of the Revised Code, the	205
physician-patient privilege shall not be a ground for excluding	206
evidence regarding a child's injuries, abuse, or neglect, or the	207
cause of the injuries, abuse, or neglect in any judicial	208
proceeding resulting from a report submitted pursuant to this	209
section.	210

(2) In any civil or criminal action or proceeding in which it	211
is alleged and proved that participation in the making of a report	212
under this section was not in good faith or participation in a	213
judicial proceeding resulting from a report made under this	214
section was not in good faith, the court shall award the	215
prevailing party reasonable attorney's fees and costs and, if a	216
civil action or proceeding is voluntarily dismissed, may award	217
reasonable attorney's fees and costs to the party against whom the	218
civil action or proceeding is brought.	219

(H)(1) Except as provided in divisions (H)(4), (M), and (N)	220
of this section, a report made under this section is confidential.	221
The information provided in a report made pursuant to this section	222
and the name of the person who made the report shall not be	223
released for use, and shall not be used, as evidence in any civil	224
action or proceeding brought against the person who made the	225
report. In a criminal proceeding, the report is admissible in	226
evidence in accordance with the Rules of Evidence and is subject	227
to discovery in accordance with the Rules of Criminal Procedure.	228

(2) No person shall permit or encourage the unauthorized	229
dissemination of the contents of any report made under this	230
section.	231

(3) A person who knowingly makes or causes another person to	232
make a false report under division (B) of this section that	233
alleges that any person has committed an act or omission that	234
resulted in a child being an abused child or a neglected child is	235
guilty of a violation of section 2921.14 of the Revised Code.	236

(4) If a report is made pursuant to division (A) or (B) of	237
this section and the child who is the subject of the report dies	238
for any reason at any time after the report is made, but before	239
the child attains eighteen years of age, the public children	240
services agency or municipal or county peace officer to which the	241
report was made or referred, on the request of the child fatality	242
review board, shall submit a summary sheet of information	243
providing a summary of the report to the review board of the	244
county in which the deceased child resided at the time of death.	245
On the request of the review board, the agency or peace officer	246
may, at its discretion, make the report available to the review	247
board. If the county served by the public children services agency	248
is also served by a children's advocacy center and the report of	249
alleged sexual abuse of a child or another type of abuse of a	250
child is specified in the memorandum of understanding that creates	251
the center as being within the center's jurisdiction, the agency	252
or center shall perform the duties and functions specified in this	253
division in accordance with the interagency agreement entered into	254
under section 2151.428 of the Revised Code relative to that	255
advocacy center.	256

(5) A public children services agency shall advise a person	257
alleged to have inflicted abuse or neglect on a child who is the	258
subject of a report made pursuant to this section, including a	259
report alleging sexual abuse of a child or another type of abuse	260
of a child referred to a children's advocacy center pursuant to an	261
interagency agreement entered into under section 2151.428 of the	262
Revised Code, in writing of the disposition of the investigation.	263
The agency shall not provide to the person any information that	264
identifies the person who made the report, statements of	265
witnesses, or police or other investigative reports.	266

(I) Any report that is required by this section, other than a	267
report that is made to the state highway patrol as described in	268
section 5120.173 of the Revised Code, shall result in protective	269
services and emergency supportive services being made available by	270
the public children services agency on behalf of the children	271
about whom the report is made, in an effort to prevent further	272
neglect or abuse, to enhance their welfare, and, whenever	273
possible, to preserve the family unit intact. The agency required	274
to provide the services shall be the agency conducting the	275
investigation of the report pursuant to section 2151.422 of the	276
Revised Code.	277

(J)(1) Each public children services agency shall prepare a	278
memorandum of understanding that is signed by all of the	279
following:	280

(a) If there is only one juvenile judge in the county, the	281
juvenile judge of the county or the juvenile judge's	282
representative;	283

(b) If there is more than one juvenile judge in the county, a	284
juvenile judge or the juvenile judges' representative selected by	285
the juvenile judges or, if they are unable to do so for any	286
reason, the juvenile judge who is senior in point of service or	287
the senior juvenile judge's representative;	288

(c) The county peace officer;

289

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

290

(e) Other law enforcement officers handling child abuse and	291
neglect cases in the county;	292

(f) The prosecuting attorney of the county;

293

(g) If the public children services agency is not the county	294
department of job and family services, the county department of	295
job and family services;	296

(h) The county humane society;

297

(i) If a public children services agency participated in the	298
execution of a memorandum of understanding under section 2151.426	299
of the Revised Code establishing a children's advocacy center,	300
each participating member of the children's advocacy center	301
established by the memorandum.	302

(2) A memorandum of understanding shall set forth the normal	303
operating procedure to be employed by all concerned officials in	304
the execution of their respective responsibilities under this	305
section and division (C) of section 2919.21, division (B)(1) of	306
section 2919.22, division (B) of section 2919.23, and section	307
2919.24 of the Revised Code and shall have as two of its primary	308
goals the elimination of all unnecessary interviews of children	309
who are the subject of reports made pursuant to division (A) or	310
(B) of this section and, when feasible, providing for only one	311
interview of a child who is the subject of any report made	312
pursuant to division (A) or (B) of this section. A failure to	313
follow the procedure set forth in the memorandum by the concerned	314
officials is not grounds for, and shall not result in, the	315
dismissal of any charges or complaint arising from any reported	316
case of abuse or neglect or the suppression of any evidence	317
obtained as a result of any reported child abuse or child neglect	318
and does not give, and shall not be construed as giving, any	319
rights or any grounds for appeal or post-conviction relief to any	320
person.	321

(3) A memorandum of understanding shall include all of the	322
following:	323

(a) The roles and responsibilities for handling emergency and	324
nonemergency cases of abuse and neglect;	325

(b) Standards and procedures to be used in handling and	326
coordinating investigations of reported cases of child abuse and	327
reported cases of child neglect, methods to be used in	328
interviewing the child who is the subject of the report and who	329
allegedly was abused or neglected, and standards and procedures	330
addressing the categories of persons who may interview the child	331
who is the subject of the report and who allegedly was abused or	332
neglected.	333

(4) If a public children services agency participated in the	334
execution of a memorandum of understanding under section 2151.426	335
of the Revised Code establishing a children's advocacy center, the	336
agency shall incorporate the contents of that memorandum in the	337
memorandum prepared pursuant to this section.	338

(K)(1) Except as provided in division (K)(4) of this section,	339
a person who is required to make a report pursuant to division (A)	340
of this section may make a reasonable number of requests of the	341
public children services agency that receives or is referred the	342
report, or of the children's advocacy center that is referred the	343
report if the report is referred to a children's advocacy center	344
pursuant to an interagency agreement entered into under section	345
2151.428 of the Revised Code, to be provided with the following	346
information:	347

(a) Whether the agency or center has initiated an	348
investigation of the report;	349

(b) Whether the agency or center is continuing to investigate	350
the report;	351

(c) Whether the agency or center is otherwise involved with	352
the child who is the subject of the report;	353

(d) The general status of the health and safety of the child	354
who is the subject of the report;	355

(e) Whether the report has resulted in the filing of a	356
complaint in juvenile court or of criminal charges in another	357
court.	358

(2) A person may request the information specified in	359
division (K)(1) of this section only if, at the time the report is	360
made, the person's name, address, and telephone number are	361
provided to the person who receives the report.	362

When a municipal or county peace officer or employee of a	363
public children services agency receives a report pursuant to	364
division (A) or (B) of this section the recipient of the report	365
shall inform the person of the right to request the information	366
described in division (K)(1) of this section. The recipient of the	367
report shall include in the initial child abuse or child neglect	368
report that the person making the report was so informed and, if	369
provided at the time of the making of the report, shall include	370
the person's name, address, and telephone number in the report.	371

Each request is subject to verification of the identity of	372
the person making the report. If that person's identity is	373
verified, the agency shall provide the person with the information	374
described in division (K)(1) of this section a reasonable number	375
of times, except that the agency shall not disclose any	376
confidential information regarding the child who is the subject of	377
the report other than the information described in those	378
divisions.	379

(3) A request made pursuant to division (K)(1) of this	380
section is not a substitute for any report required to be made	381
pursuant to division (A) of this section.	382

(4) If an agency other than the agency that received or was	383
referred the report is conducting the investigation of the report	384
pursuant to section 2151.422 of the Revised Code, the agency	385
conducting the investigation shall comply with the requirements of	386
division (K) of this section.	387

(L) The director of job and family services shall adopt rules	388
in accordance with Chapter 119. of the Revised Code to implement	389
this section. The department of job and family services may enter	390
into a plan of cooperation with any other governmental entity to	391
aid in ensuring that children are protected from abuse and	392
neglect. The department shall make recommendations to the attorney	393
general that the department determines are necessary to protect	394
children from child abuse and child neglect.	395

(M) No later than the end of the day following the day on	396
which a public children services agency receives a report of	397
alleged child abuse or child neglect, or a report of an alleged	398
threat of child abuse or child neglect, that allegedly occurred in	399
or involved an out-of-home care entity, the agency shall provide	400
written notice of the allegations contained in and the person	401
named as the alleged perpetrator in the report to the	402
administrator, director, or other chief administrative officer of	403
the out-of-home care entity that is the subject of the report	404
unless the administrator, director, or other chief administrative	405
officer is named as an alleged perpetrator in the report. If the	406
administrator, director, or other chief administrative officer of	407
an out-of-home care entity is named as an alleged perpetrator in a	408
report of alleged child abuse or child neglect, or a report of an	409
alleged threat of child abuse or child neglect, that allegedly	410
occurred in or involved the out-of-home care entity, the agency	411
shall provide the written notice to the owner or governing board	412
of the out-of-home care entity that is the subject of the report.	413
The agency shall not provide witness statements or police or other	414
investigative reports.	415

(N) No later than three days after the day on which a public	416
children services agency that conducted the investigation as	417
determined pursuant to section 2151.422 of the Revised Code makes	418
a disposition of an investigation involving a report of alleged	419
child abuse or child neglect, or a report of an alleged threat of	420
child abuse or child neglect, that allegedly occurred in or	421
involved an out-of-home care entity, the agency shall send written	422
notice of the disposition of the investigation to the	423
administrator, director, or other chief administrative officer and	424
the owner or governing board of the out-of-home care entity. The	425
agency shall not provide witness statements or police or other	426
investigative reports.	427

Sec. 2151.425. As used in sections 2151.426 to 2151.428 of	428
the Revised Code:	429

(A) "Children's advocacy center" means a center operated by	430
participating entities within a county or two or more contiguous	431
counties to perform functions and activities and provide services,	432
in accordance with the interagency agreement entered into under	433
section 2151.428 of the Revised Code, regarding reports received	434
under section 2151.421 of the Revised Code of alleged sexual abuse	435
of a child or another type of abuse of a child that is specified	436
in the memorandum of understanding that creates the center as	437
being within the center's jurisdiction and regarding the children	438
who are the subjects of the report.	439

(B) "Sexual abuse of a child" means unlawful sexual conduct	440
or sexual contact, as those terms are defined in section 2907.01	441
of the Revised Code, with a person under eighteen years of age or	442
a mentally retarded, developmentally disabled, or physically	443
impaired person under twenty-one years of age.	444

Sec. 2151.426. (A)(1) A children's advocacy center may be	445
established to serve a single county by execution of a memorandum	446
of understanding regarding the participation in the operation of	447
the center by any of the following entities in the county to be	448
served by the center:	449

(a) The public children services agency;

450

(b) Representatives of any county or municipal law	451
enforcement agencies serving the county that investigate severe	452
physical abuse of children and sexual abuse of children;	453

(c) The prosecuting attorney of the county or a village	454
solicitor, city director of law, or similar chief legal officer of	455
a municipal corporation in the county who prosecutes severe	456
physical abuse of children and sexual abuse of children in the	457
area to be served by the center;	458

(d) Any other entity considered appropriate by all of the	459
other entities executing the memorandum.	460

(2) A children's advocacy center may be established to serve	461
two or more contiguous counties if a memorandum of understanding	462
regarding the participation in the operation of the center is	463
executed by any of the entities described in division (A)(1) of	464
this section in each county to be served by the center.	465

(3) Any memorandum of understanding executed under this	466
section may include a provision that specifies types of abuse of a	467
child, other than sexual abuse of a child, that are to be within	468
the jurisdiction of the children's advocacy center created as a	469
result of the execution of the memorandum. If a memorandum of	470
understanding executed under this section does not include any	471
provision of that nature, the children's advocacy center created	472
as a result of the execution of the memorandum has jurisdiction	473
only in relation to reports of alleged sexual abuse of a child.	474

(B) Each entity that participates in the execution of a	475
memorandum of understanding under this section shall cooperate in	476
all of the following:	477

(1) Developing a multidisciplinary team pursuant to section	478
2151.427 of the Revised Code to perform the functions and	479
activities and provide the services specified in the interagency	480
agreement entered into under section 2151.428 of the Revised Code,	481
regarding reports received under section 2151.421 of the Revised	482
Code of alleged sexual abuse of a child and reports of allegations	483
of another type of abuse of a child that is specified in the	484
memorandum of understanding that creates the center as being	485
within the center's jurisdiction, and regarding the children who	486
are the subjects of the reports;	487

(2) Participating in the operation of the center in	488
compliance with standards for full membership established by the	489
national children's alliance;	490

(3) Employing the center's staff.

491

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

492

(1) Operate in accordance with sections 2151.427 and 2151.428	493
of the Revised Code, the interagency agreement entered into under	494
section 2151.428 of the Revised Code relative to the center, and	495
the standards for full membership established by the national	496
children's alliance;	497

(2) Register annually with the attorney general.

498

Sec. 2151.427.  (A) The entities that participate in a	499
memorandum of understanding executed under section 2151.426 of the	500
Revised Code establishing a children's advocacy center shall	501
assemble the center's multidisciplinary team.	502

(B)(1) The multidisciplinary team for a single county center	503
shall consist of the following members who serve the county:	504

(a) Any county or municipal law enforcement officer;

505

(b) The executive director of the public children services	506
agency or a designee of the executive director;	507

(c) The prosecuting attorney of the county or the prosecuting	508
attorney's designee;	509

(d) A mental health professional;

510

(e) A medical health professional;

511

(f) A victim advocate;

512

(g) A center staff member;

513

(h) Any other person considered appropriate by all of the	514
entities that executed the memorandum.	515

(2) If the center serves two or more contiguous counties, the	516
multidisciplinary team shall consist of the members described in	517
division (B)(1) of this section from the counties to be served by	518
the center, with each county to be served by the center being	519
represented on the multidisciplinary team by at least one member	520
described in that division.	521

(C) The multidisciplinary team shall perform the functions	522
and activities and provide the services specified in the	523
interagency agreement entered into under section 2151.428 of the	524
Revised Code, regarding reports received under section 2151.421 of	525
the Revised Code of alleged sexual abuse of a child and reports of	526
allegations of another type of abuse of a child that is specified	527
in the memorandum of understanding that creates the center as	528
being within the center's jurisdiction and regarding the children	529
who are the subjects of the reports.	530

Sec. 2151.428. (A) If a children's advocacy center is	531
established under section 2151.426 of the Revised Code, in	532
addition to the memorandum of understanding executed under that	533
section, each public children services agency that participates in	534
the execution of the memorandum of understanding, the children's	535
advocacy center, and the children's advocacy center's	536
multidisciplinary team assembled under section 2151.427 of the	537
Revised Code, shall enter into an interagency agreement that	538
stipulates all of the following regarding reports received under	539
section 2151.421 of the Revised Code of alleged sexual abuse of a	540
child and reports of allegations of another type of abuse of a	541
child that is specified in the memorandum of understanding that	542
creates the center as being within the center's jurisdiction:	543

(1) The protocol and procedures for any and all referrals and	544
investigations of the reports;	545

(2) Any and all coordinating activities between the parties	546
that enter into the agreement;	547

(3) The authority or responsibility for performing any and	548
all functions and activities, and providing any and all services,	549
regarding the reports and the children who are the subjects of the	550
reports.	551

(B) The parties that enter into an interagency agreement	552
under division (A) of this section shall comply with the agreement	553
in referring the reports, investigating the reports, coordinating	554
the activities between the parties, and performing and providing	555
the functions, activities, and services relative to the reports	556
and the children who are the subjects of the reports.	557

(C) Nothing in this section, section 2151.421, or sections	558
2151.425 to 2151.427 of the Revised Code pertaining to the	559
operation of a children's advocacy center shall relieve any public	560
official or agency from any legal obligation or responsibility.	561

Sec. 3109.17.  (A) For each fiscal biennium, the children's	562
trust fund board shall establish a biennial state plan for	563
comprehensive child abuse and child neglect prevention. The plan	564
shall be transmitted to the governor, the president and minority	565
leader of the senate, and the speaker and minority leader of the	566
house of representatives and shall be made available to the	567
general public. The board may define in the state plan the term	568
"effective public notice." If the board does not define that term	569
in the state plan, the board shall include in the state plan the	570
definition of "effective public notice" specified in rules adopted	571
by the department of job and family services.	572

(B) In developing and carrying out the state plan, the	573
children's trust fund board shall, in accordance with Chapter 119.	574
of the Revised Code, do all of the following:	575

(1) Ensure that an opportunity exists for assistance through	576
child abuse and child neglect prevention programs to persons	577
throughout the state of various social and economic backgrounds;	578

(2) Before the thirtieth day of October of each year, notify	579
each child abuse and child neglect prevention advisory board of	580
the amount estimated to be allocated to that advisory board for	581
the following fiscal year.;	582

(3) Develop criteria for county or district comprehensive	583
local allocation plans, including criteria for determining the	584
plans' effectiveness;	585

(4) Review, and approve or disapprove, county or district	586
comprehensivelocal allocation plans, as described in section	587
3109.171 of the Revised Code;	588

(5) Allocate funds to each child abuse and child neglect	589
prevention advisory board for the purpose of funding child abuse	590
and child neglect prevention programs and for the other uses	591
authorized under division (E) of section 3109.18 of the Revised	592
Code. Funds shall be allocated among advisory boards according to	593
a formula based on the ratio of the number of children under age	594
eighteen in the county or multicounty district to the number of	595
children under age eighteen in the state, as shown in the most	596
recent federal decennial census of population. Subject to the	597
availability of funds and except as provided in section 3109.171	598
of the Revised Code, each advisory board shall receive a minimum	599
of ten thousand dollars per fiscal year. In the case of an	600
advisory board that serves a multicounty district, the advisory	601
board shall receive, subject to available funds and except as	602
provided in section 3109.171 of the Revised Code, a minimum of ten	603
thousand dollars per fiscal year for each county in the district.	604
Funds shall be disbursed to the advisory boards twice annually. At	605
least fifty per cent of the funds allocated to an advisory board	606
for a fiscal year shall be disbursed to the advisory board not	607
later than the thirtieth day of September. The remainder of the	608
funds allocated to the advisory board for that fiscal year shall	609
be disbursed before the thirty-first day of March.	610

If the children's trust fund board determines, based on	611
county or district performance or on the annual report submitted	612
by an advisory board, that the advisory board is not operating in	613
accordance with the criteria established in division (B)(3) of	614
this section, it may revise the allocation of funds that the	615
advisory board receives.	616

The board shall specify the criteria child abuse and child	617
neglect prevention advisory boards are to use in reviewing	618
applications under division (F)(3) of section 3109.18 of the	619
Revised Code.	620

(6) Allocate funds to entities other than child abuse and	621
child neglect prevention advisory boards for the purpose of	622
funding child abuse and child neglect prevention programs that	623
have statewide significance and that have been approved in the	624
state planby the children's trust fund board;	625

(7) Provide for the monitoring of expenditures from the	626
children's trust fund and of programs that receive money from the	627
children's trust fund;	628

(8) Establish reporting requirements for advisory boards;

629

(9) Collaborate with appropriate persons and government	630
entities and facilitate the exchange of information among those	631
persons and entities for the purpose of child abuse and child	632
neglect prevention;	633

(10) Provide for the education of the public and	634
professionals for the purpose of child abuse and child neglect	635
prevention;	636

(11) Create and provide to each advisory board a children's	637
trust fund grant application form;	638

(12) Specify the information to be included in a semi-annual	639
and an annual report completed by a children's advocacy center for	640
which a child abuse and child neglect prevention advisory board	641
uses any amount out of the funds allocated to the advisory board	642
under this section as start-up costs for the establishment and	643
operation of the center, and each other person or entity that is a	644
recipient of a children's trust fund grant under division (K)(1)	645
of section 3109.18 of the Revised Code.	646

(C) The children's trust fund board shall prepare a report	647
for each fiscal biennium that delineates the expenditure of money	648
from the children's trust fund. On or before January 1, 2002, and	649
on or before the first day of January of a year that follows the	650
end of a fiscal biennium of this state, the board shall file a	651
copy of the report with the governor, the president and minority	652
leader of the senate, and the speaker and minority leader of the	653
house of representatives.	654

(D) The children's trust fund board shall develop a list of	655
all state and federal sources of funding that might be available	656
for establishing, operating, or establishing and operating a	657
children's advocacy center under sections 2151.425 to 2151.428 of	658
the Revised Code. The board periodically shall update the list as	659
necessary. The board shall maintain, or provide for the	660
maintenance of, the list at an appropriate location. That location	661
may be the offices of the department of job and family services.	662
The board shall provide the list upon request to any children's	663
advocacy center or to any person or entity identified in section	664
2151.426 of the Revised Code as a person or entity that may	665
participate in the establishment of a children's advocacy center.	666

Sec. 3109.171.  (A) On receipt of a local allocation plan	667
from a child abuse and child neglect prevention advisory board	668
submitted pursuant to division (F)(1) of section 3109.18 of the	669
Revised Code, the children's trust fund board may do either of the	670
following:	671

(1) Approve the plan;

672

(2) Require that the advisory board make changes to the plan	673
and resubmit an amended plan to the board.	674

(B) If an advisory board fails to submit to the children's	675
trust fund board a local allocation plan pursuant to division	676
(F)(1) of section 3109.18 of the Revised Code that is postmarked	677
on or before the first day of April preceding the fiscal year for	678
which the plan is developed, if an advisory board fails to submit	679
an amended plan pursuant to division (A)(2) of this section, or if	680
a plan or an amended plan submitted by an advisory board is not	681
approved by the children's trust fund board, the children's trust	682
fund board may do either of the following for the fiscal year for	683
which the plan was to have been developed:	684

(1) Deny funding to the advisory board;

685

(2) Allocate a reduced amount of funds to the advisory board,	686
on a pro-rata daily basis.	687

(C) If an advisory board fails to submit to the children's	688
trust fund board an annual report pursuant to division (K)(2) of	689
section 3109.18 of the Revised Code not later than the fifteenth	690
day of August following the year for which the report is written,	691
the board, for the following fiscal year, may allocate a reduced	692
amount of funds to the advisory board on a pro-rata daily basis.	693

Sec. 3109.18.  (A)(1) A board of county commissioners may	694
establish a child abuse and child neglect prevention advisory	695
board or may designate the county family and children first	696
council to serve as the child abuse and child neglect prevention	697
advisory board. The boards of county commissioners of two or more	698
contiguous counties may instead form a multicounty district to be	699
served by a child abuse and child neglect prevention advisory	700
board or may designate a regional family and children first	701
council to serve as the district child abuse and child neglect	702
prevention advisory board. Each advisory board shall meet at least	703
twice a year.	704

(2) The county auditor is hereby designated as the auditor	705
and fiscal officer of the advisory board. In the case of a	706
multicounty district, the boards of county commissioners that	707
formed the district shall designate the auditor of one of the	708
counties as the auditor and fiscal officer of the advisory board.	709

(B) Each county that establishes an advisory board or, in a	710
multicounty district, the county the auditor of whichwho has been	711
designated as the auditor and fiscal officer of the advisory	712
board, shall establish a fund in the county treasury known as the	713
county or district children's trust fund. The advisory board	714
auditor shall deposit all funds received from the children's trust	715
fund board into that fund, and the auditor shall distribute money	716
from the fund at the request of the advisory board.	717

(C) Each January, the board of county commissioners of a	718
county that has established an advisory board or, in a multicounty	719
district, the board of county commissioners of the county served	720
by the auditor of whichwho has been designated as the auditor and	721
fiscal officer for the advisory board, shall appropriate the	722
amount described in division (B)(2) of section 3109.17 of the	723
Revised Code for distribution by the advisory board to child abuse	724
and child neglect prevention programs and for the other uses	725
authorized under division (E) of this section.	726

(D)(1) Except in the case of a county or regional family and	727
children first council that is designated to serve as a child	728
abuse and child neglect prevention advisory board, each advisory	729
board shall consist of an odd number of members from both the	730
public and private sectors, including all of the following:	731

(a) A representative of an agency responsible for the	732
administration of children's services in the county or district;	733

(b) A provider of alcohol or drug addiction services or a	734
representative of a board of alcohol, drug addiction, and mental	735
health services that serves the county or district;	736

(c) A provider of mental health services or a representative	737
of a board of alcohol, drug addiction, and mental health services	738
that serves the county or district;	739

(d) A representative of a board of mental retardation and	740
developmental disabilities that serves the county or district;	741

(e) A representative of the educational community appointed	742
by the superintendent of the school district with largest	743
enrollment in the county or multicounty district.	744

(2) The following groups and entities may be represented on	745
the advisory board:	746

(a) Parent groups;

747

(b) Juvenile justice officials;

748

(c) Pediatricians, health department nurses, and other	749
representatives of the medical community;	750

(d) School personnel;

751

(e) Counselors and social workers;

752

(f) Head start agencies;

753

(g) Child day-care providers;

754

(h) Other persons with demonstrated knowledge in programs for	755
children.	756

(3) Of the members first appointed, at least one shall serve	757
for a term of three years, at least one for a term of two years,	758
and at least one for a term of one year. Thereafter, each member	759
shall serve a term of three years. Each member shall serve until	760
the member's successor is appointed. All vacancies on the board	761
shall be filled for the balance of the unexpired term in the same	762
manner as the original appointment.	763

(E)(1) Each child abuse and child neglect prevention advisory	764
board of county commissioners may incur reasonable costs not to	765
exceed five per cent of the funds allocated to the county or	766
district under section 3109.17 of the Revised Code, for the	767
purpose of carrying out the functions of the advisory board.	768

(2)(a) Subject to division (E)(2)(b) and (c) of this section,	769
each child abuse and child neglect prevention advisory board may	770
use an amount out of the funds allocated to the board under	771
section 3109.17 of the Revised Code as one-time, start-up costs	772
for the establishment and operation, pursuant to sections 2151.425	773
to 2151.428 of the Revised Code, of a children's advocacy center	774
as follows:	775

(i) If the advisory board serves a single county, the	776
advisory board may use an amount not to exceed five thousand	777
dollars, out of the funds so allocated to the advisory board, as	778
one-time, start-up costs for the establishment and operation,	779
pursuant to section 2151.426 of the Revised Code, of a children's	780
advocacy center that serves that county.	781

(ii) If the advisory board serves a multicounty district, for	782
each county within the district, the advisory board may use an	783
amount not to exceed five thousand dollars, out of the funds so	784
allocated to the advisory board, as one-time, start-up costs for	785
the establishment and operation, pursuant to section 2151.426 of	786
the Revised Code, of a children's advocacy center that serves the	787
particular county in relation to which the use is being made. Any	788
use pursuant to division (E)(2)(a)(ii) of this section shall	789
identify the particular county in relation to which the use is	790
being made.	791

(b) Expenditures may be made under division (E)(2)(a) of this	792
section for a children's advocacy center that is established to	793
serve a single county or that is established to serve two or more	794
contiguous counties, provided that the county in relation to which	795
the expenditure is made under division (E)(2)(a) of this section	796
is served by the center for which the advisory board uses the	797
amount as one-time, start-up costs.	798

(c) No funds allocated to a child abuse and child neglect	799
prevention advisory board under section 3109.17 of the Revised	800
Code may be used as start-up costs for the establishment or	801
operation of any children's advocacy center under division (E)(2)	802
of this section unless the center has as a component a primary	803
prevention strategy.	804

No child abuse and child neglect advisory board that serves a	805
single county and that, in any fiscal year, uses any amount out of	806
the funds allocated to the advisory board under section 3109.17 of	807
the Revised Code as start-up costs for the establishment and	808
operation of a children's advocacy center may use any amount out	809
of any funds so allocated to the advisory board for the same	810
center in a different fiscal year or for a different center in any	811
fiscal year. No child abuse and child neglect advisory board that	812
serves a multicounty district and that, in any fiscal year, uses	813
any amount out of the funds so allocated to the advisory board as	814
start-up costs for the establishment and operation of a children's	815
advocacy center in relation to a particular county within the	816
district may use any amount out of any funds so allocated to the	817
advisory board, in relation to the same county, for the same	818
center in a different fiscal year or for a different center in any	819
fiscal year.	820

(F) Each child abuse and child neglect prevention advisory	821
board shall do all of the following:	822

(1) DevelopFor each fiscal biennium, develop a comprehensive	823
local allocation plan for the purpose of preventing child abuse	824
and child neglect and submit the plan to the children's trust fund	825
board on or before the first day of April preceding the fiscal	826
year for which the plan is developed;	827

(2) Provide effective public notice, as defined by the	828
children's trust fund board in the state plan or, if the board	829
does not define the term in the state plan, as defined in rules	830
adopted by the department of job and family services, to potential	831
applicants about the availability of funds from the children's	832
trust fund, including an estimate of the amount of money available	833
for grants within each county or district, the date of at least	834
one public hearing, information on obtaining a copy of the grant	835
application form, and the deadline for submitting grant	836
applications;	837

(3) Review all applications received using criteria specified	838
in the state plan adopted by the board under section 3109.17 of	839
the Revised Code;	840

(4) Consistent with the local allocation plan developed	841
pursuant to division (F)(1) of this section, make grants to child	842
abuse and child neglect prevention programs; provided that this	843
division does not limit the advisory board in using, in accordance	844
with division (E)(2) of this section, an amount out of the funds	845
allocated to it as one-time, start-up costs for the establishment	846
and operation of a children's advocacy center. In making grants to	847
child abuse and child neglect prevention programs, the advisory	848
board may consider factors such as need, geographic location,	849
diversity, coordination with or improvement of existing services,	850
maintenance of local funding efforts, and extensive use of	851
volunteers.	852

(5) Establish any reporting requirements for grant	853
recipients, in addition to those specified by the children's trust	854
fund board, and for children's advocacy centers for which funds	855
are used in accordance with division (E)(2) of this section.	856

(G) A member of a child abuse and child neglect prevention	857
advisory board shall not participate in the development of a	858
comprehensivelocal allocation plan under division (F)(1) of this	859
section if it is reasonable to expect that the member's judgment	860
could be affected by the member's own financial, business,	861
property, or personal interest or other conflict of interest. For	862
purposes of this division, "conflict of interest" means the taking	863
of any action that violates any applicable provision of Chapter	864
102. or 2921. of the Revised Code. Questions relating to the	865
existence of a conflict of interest pertaining to Chapter 2921. of	866
the Revised Code shall be submitted by the advisory board to the	867
local prosecuting attorney for resolution. Questions relating to	868
the existence of a conflict of interest pertaining to Chapter 102.	869
of the Revised Code shall be submitted by the advisory board to	870
the Ohio ethics commission for resolution.	871

(H) Each advisory board shall assist the children's trust	872
fund board in monitoring programs that receive money from the	873
children's trust fund and shall perform such other duties for the	874
local administration of the children's trust fund as the	875
children's trust fund board requires.	876

(I) A children's advocacy center for which a child abuse and	877
child neglect prevention advisory board uses any amount out of the	878
funds allocated to the advisory board under section 3109.17 of the	879
Revised Code, as start-up costs for the establishment and	880
operation of the center, shall use the moneys so received only for	881
establishment and operation of the center in accordance with	882
sections 2151.425 to 2151.428 of the Revised Code. Any other	883
person or entity that is a recipient of a grant from the	884
children's trust fund shall use the grant funds only to fund	885
primary and secondary child abuse and child neglect prevention	886
programs. Any grant funds that are not spent by the recipient of	887
the funds within the time specified by the terms of the grant	888
shall be returned to the county treasurer. Any grant funds	889
returned that are not redistributed by the advisory board within	890
the state fiscal year in which they are received shall be returned	891
to the treasurer of state. The treasurer of state shall deposit	892
such unspent moneys into the children's trust fund to be spent for	893
purposes consistent with the state plan adopted under section	894
3109.17 of the Revised Code.	895

(J) Applications for grants from the children's trust fund	896
shall be made to the advisory board on forms prescribed by the	897
children's trust fund board.	898

(K)(1) Each children's advocacy center for which a child	899
abuse and child neglect prevention advisory board uses any amount	900
out of the funds allocated to the advisory board under section	901
3109.17 of the Revised Code, as start-up costs for the	902
establishment and operation of the center, and each other person	903
or entity that is a recipient of a children's trust fund grant	904
from an advisory board shall file with the advisory board a copy	905
of a semi-annual and an annual report that includes the	906
information required by the children's trust fund board.	907

(2) Each advisory board shall file with the children's trust	908
fund board, not later than the fifteenth day of August following	909
the year for which the report is written, a copy of an annual	910
report regarding the county or district comprehensivelocal	911
allocation plan that contains the information required by the	912
children's trust fund board, and regarding the advisory board's	913
use of any amount out of the funds allocated to the advisory board	914
under section 3109.17 of the Revised Code as start-up costs for	915
the establishment and operation of a children's advocacy center.	916

Section 2. That existing sections 2151.421, 3109.17, and	917
3109.18 of the Revised Code are hereby repealed.	918