As Introduced

126th General Assembly Regular Session 2005-2006

H. B. No. 289

Representative White 

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A BILL

To amend sections 121.37 and 2151.27 and to enact

1

sections 121.373 and 121.374 of the Revised Code

2

regarding the duties of the Ohio Family and

3

Children First Cabinet Council and county family

4

and children first councils.

5

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

Section 1.  That sections 121.37 and 2151.27 be amended and	6
sections 121.373 and 121.374 of the Revised Code be enacted to	7
read as follows:	8

Sec. 121.37.  (A) As used in this section, "commitments to	9
well-being" has the same meaning as in section 121.373 of the	10
Revised Code.	11

(B)(1) There is hereby created the Ohio family and children	12
first cabinet council. The council shall be composed of the	13
superintendent of public instruction and the directors of youth	14
services, job and family services, mental health, health, alcohol	15
and drug addiction services, mental retardation and developmental	16
disabilities, and budget and management. The chairperson of the	17
council shall be the governor or the governor's designee and shall	18
establish procedures for the council's internal control and	19
management.	20

(2) The purpose of the cabinet council is to help families	21
seeking government services. This section shall not be interpreted	22
or applied to usurp the role of parents, but solely to streamline	23
and coordinate existing government services for families seeking	24
assistance for their children.	25

(2) In seeking to fulfill its purpose, the council may do any	26
of the following:	27

(a) Advise and make recommendations to the governor and	28
general assembly regarding the provision of services to children;	29

(b) Advise and assess local governments on the coordination	30
of service delivery to children;	31

(c) Hold meetings at such times and places as may be	32
prescribed by the council's procedures and maintain records of the	33
meetings, except that records identifying individual children are	34
confidential and shall be disclosed only as provided by law;	35

(d) Develop programs and projects, including pilot projects,	36
to encourage coordinated efforts at the state and local level to	37
improve the state's social service delivery system;	38

(e) Enter into contracts with and administer grants to county	39
family and children first councils, as well as other county or	40
multicounty organizations to plan and coordinate service delivery	41
between state agencies and local service providers for families	42
and children;	43

(f) Enter into contracts with and apply for grants from	44
federal agencies or private organizations;	45

(g) Enter into interagency agreements to encourage	46
coordinated efforts at the state and local level to improve the	47
state's social service delivery system. The agreements may include	48
provisions regarding the receipt, transfer, and expenditure of	49
funds;	50

(h) Identify public and private funding sources for services	51
provided to alleged or adjudicated unruly children and children	52
who are at risk of being alleged or adjudicated unruly children,	53
including regulations governing access to and use of the services;	54

(i) Collect information provided by local communities	55
regarding successful programs for prevention, intervention, and	56
treatment of unruly behavior, including evaluations of the	57
programs;	58

(j) Identify and disseminate publications regarding alleged	59
or adjudicated unruly children and children who are at risk of	60
being alleged or adjudicated unruly children and regarding	61
programs serving those types of children;	62

(k) Maintain an inventory of strategic planning facilitators	63
for use by government or nonprofit entities that serve alleged or	64
adjudicated unruly children or children who are at risk of being	65
alleged or adjudicated unruly children.	66

(3) The cabinet council shall provide for the following:

67

(a) Reviews of service and treatment plans for children for	68
which such reviews are requested;	69

(b) Assistance as the council determines to be necessary to	70
meet the needs of children referred by county family and children	71
first councils;	72

(c) Monitoring and supervision of a statewide, comprehensive,	73
coordinated, multi-disciplinary, interagency system for infants	74
and toddlers with developmental disabilities or delays and their	75
families, as established pursuant to federal grants received and	76
administered by the department of health for early intervention	77
services under the "Education of the Handicapped Act Amendments of	78
1986," 100 Stat. 1145 (1986), 20 U.S.C.A. 1471, as amended;	79

(d) Development and implementation of an interagency process	80
to select the indicators that will be used to measure progress	81
toward achievement of Ohio's commitments to child well-being and	82
update the indicators on an annual basis;	83

(e) Development and implementation of an interagency system	84
to monitor progress towards achievement of Ohio's commitments to	85
child well-being in the state and in each county;	86

(f) Development of an annual plan that identifies state-level	87
interagency efforts taken to ensure progress towards achievement	88
of Ohio's commitments to child well-being.	89

(g) An annual report on the status of efforts to meet Ohio's	90
commitments to child well-being to be submitted to the governor	91
and the general assembly. This report shall be made available to	92
any other person on request.	93

(B)(C)(1) Each board of county commissioners shall establish	94
a county family and children first council. The board may invite	95
any local public or private agency or group that funds, advocates,	96
or provides services to children and families to have a	97
representative become a permanent or temporary member of its	98
county council. Each county council must include the following	99
individuals:	100

(a) At least three individuals whose families are or have	101
received services from an agency represented on the council or	102
another county's council. Where possible, the number of members	103
representing families shall be equal to twenty per cent of the	104
council's membership.	105

(b) The director of the board of alcohol, drug addiction, and	106
mental health services that serves the county, or, in the case of	107
a county that has a board of alcohol and drug addiction services	108
and a community mental health board, the directors of both boards.	109
If a board of alcohol, drug addiction, and mental health services	110
covers more than one county, the director may designate a person	111
to participate on the county's council.	112

(c) The health commissioner, or the commissioner's designee,	113
of the board of health of each city and general health district in	114
the county. If the county has two or more health districts, the	115
health commissioner membership may be limited to the commissioners	116
of the two districts with the largest populations.	117

(d) The director of the county department of job and family	118
services;	119

(e) The executive director of the county agency responsible	120
for the administration of children services pursuant to section	121
5153.15 of the Revised Code;	122

(f) The superintendent of the county board of mental	123
retardation and developmental disabilities;	124

(g) The county's juvenile court judge senior in service or	125
another judge of the juvenile court designated by the	126
administrative judge or, where there is no administrative judge,	127
by the judge senior in service;	128

(h) The superintendent of the city, exempted village, or	129
local school district with the largest number of pupils residing	130
in the county, as determined by the department of education, which	131
shall notify each board of county commissioners of its	132
determination at least biennially;	133

(i) A school superintendent representing all other school	134
districts with territory in the county, as designated at a	135
biennial meeting of the superintendents of those districts;	136

(j) A representative of the municipal corporation with the	137
largest population in the county;	138

(k) The president of the board of county commissioners, or an	139
individual designated by the board;	140

(l) A representative of the regional office of the department	141
of youth services;	142

(m) A representative of the county's head start agencies, as	143
defined in section 3301.31 of the Revised Code;	144

(n) A representative of the county's early intervention	145
collaborative established pursuant to the federal early	146
intervention program operated under the "Education of the	147
Handicapped Act Amendments of 1986";	148

(o) A representative of a local nonprofit entity that funds,	149
advocates, or provides services to children and families.	150

Notwithstanding any other provision of law, the public	151
members of a county council are not prohibited from serving on the	152
council and making decisions regarding the duties of the council,	153
including those involving the funding of joint projects and those	154
outlined in the county's service coordination mechanism	155
implemented pursuant to division (C) of this section.	156

The cabinet council shall establish a state appeals process	157
to resolve disputes among the members of a county council	158
concerning whether reasonable responsibilities as members are	159
being shared. The appeals process may be accessed only by a	160
majority vote of the council members who are required to serve on	161
the council. Upon appeal, the cabinet council may order that state	162
funds for services to children and families be redirected to a	163
county's board of county commissioners.	164

(2) A county council shall provide for the following:

165

(a) Referrals to the cabinet council of those children for	166
whom the county council cannot provide adequate services;	167

(b) Development and implementation of a process that annually	168
evaluates and prioritizes services, fills service gaps where	169
possible, and invents new approaches to achieve better results for	170
families and children;	171

(c) Participation in the development of a countywide,	172
comprehensive, coordinated, multi-disciplinary, interagency system	173
for infants and toddlers with developmental disabilities or delays	174
and their families, as established pursuant to federal grants	175
received and administered by the department of health for early	176
intervention services under the "Education of the Handicapped Act	177
Amendments of 1986";	178

(d) Maintenance of an accountability system to monitor the	179
county council's progress in achieving results for families and	180
children;	181

(e) Establishment of a mechanism to ensure ongoing input from	182
a broad representation of families who are receiving services	183
within the county system;	184

(f) Development and implementation of an interagency system	185
to monitor the county's progress toward achievement of Ohio's	186
commitments to child well-being;	187

(g) Development and implementation of an interagency process	188
to identify local priorities in relation to Ohio's commitments to	189
child well-being and associated indicators established by the	190
cabinet council under division (B)(3)(d) of this section;	191

(h) Development of an annual plan that identifies the	192
county's interagency efforts to ensure achievement of Ohio's	193
commitments to child well-being;	194

(i) An annual report on the status of efforts by the county	195
to meet Ohio's commitments to child well-being to be submitted to	196
the county's board of county commissioners and the Ohio family and	197
children first cabinet council. This report shall be made	198
available to any other person on request.	199

(3)(a) Except as provided in division (B)(3)(b) of this	200
section, a county council shall comply with the policies,	201
procedures, and activities prescribed by the rules or interagency	202
agreements of a state department participating on the cabinet	203
council whenever the county council performs a function subject to	204
those rules or agreements.	205

(b) On application of a county council, the cabinet council	206
may grant an exemption from any rules or interagency agreements of	207
a state department participating on the council if an exemption is	208
necessary for the council to implement an alternative program or	209
approach for service delivery to families and children. The	210
application shall describe the proposed program or approach and	211
specify the rules or interagency agreements from which an	212
exemption is necessary. The cabinet council shall approve or	213
disapprove the application in accordance with standards and	214
procedures it shall adopt. If an application is approved, the	215
exemption is effective only while the program or approach is being	216
implemented, including a reasonable period during which the	217
program or approach is being evaluated for effectiveness.	218

(4)(a) Each county council shall designate an administrative	219
agent for the council from among the following public entities:	220
the board of alcohol, drug addiction, and mental health services,	221
including a board of alcohol and drug addiction or a community	222
mental health board if the county is served by separate boards;	223
the board of county commissioners; any board of health of the	224
county's city and general health districts; the county department	225
of job and family services; the county agency responsible for the	226
administration of children services pursuant to section 5153.15 of	227
the Revised Code; the county board of mental retardation and	228
developmental disabilities; any of the county's boards of	229
education or governing boards of educational service centers; or	230
the county's juvenile court. Any of the foregoing public entities,	231
other than the board of county commissioners, may decline to serve	232
as the council's administrative agent.	233

A county council's administrative agent shall serve as the	234
council's appointing authority for any employees of the council.	235
The council shall file an annual budget with its administrative	236
agent, with copies filed with the county auditor and with the	237
board of county commissioners, unless the board is serving as the	238
council's administrative agent. The council's administrative agent	239
shall ensure that all expenditures are handled in accordance with	240
policies, procedures, and activities prescribed by state	241
departments in rules or interagency agreements that are applicable	242
to the council's functions.	243

The administrative agent for a county council may do any of	244
the following on behalf of the council:	245

(i) Enter into agreements or administer contracts with public	246
or private entities to fulfill specific council business. Such	247
agreements and contracts are exempt from the competitive bidding	248
requirements of section 307.86 of the Revised Code if they have	249
been approved by the county council and they are for the purchase	250
of family and child welfare or child protection services or other	251
social or job and family services for families and children. The	252
approval of the county council is not required to exempt	253
agreements or contracts entered into under section 5139.34,	254
5139.41, or 5139.43 of the Revised Code from the competitive	255
bidding requirements of section 307.86 of the Revised Code.	256

(ii) As determined by the council, provide financial	257
stipends, reimbursements, or both, to family representatives for	258
expenses related to council activity;	259

(iii) Receive by gift, grant, devise, or bequest any moneys,	260
lands, or other property for the purposes for which the council is	261
established. The agent shall hold, apply, and dispose of the	262
moneys, lands, or other property according to the terms of the	263
gift, grant, devise, or bequest. Any interest or earnings shall be	264
treated in the same manner and are subject to the same terms as	265
the gift, grant, devise, or bequest from which it accrues.	266

(b)(i) If the county council designates the board of county	267
commissioners as its administrative agent, the board may, by	268
resolution, delegate any of its powers and duties as	269
administrative agent to an executive committee the board	270
establishes from the membership of the county council. The board	271
shall name to the executive committee at least the individuals	272
described in divisions (B)(1)(b) through (h) of this section and	273
may appoint the president of the board or another individual as	274
the chair of the executive committee.	275

(ii) The executive committee may, with the approval of the	276
board, hire an executive director to assist the county council in	277
administering its powers and duties. The executive director shall	278
serve in the unclassified civil service at the pleasure of the	279
executive committee. The executive director may, with the approval	280
of the executive committee, hire other employees as necessary to	281
properly conduct the county council's business.	282

(iii) The board may require the executive committee to submit	283
an annual budget to the board for approval and may amend or repeal	284
the resolution that delegated to the executive committee its	285
authority as the county council's administrative agent.	286

(5) Two or more county councils may enter into an agreement	287
to administer their county councils jointly by creating a regional	288
family and children first council. A regional council possesses	289
the same duties and authority possessed by a county council,	290
except that the duties and authority apply regionally rather than	291
to individual counties. Prior to entering into an agreement to	292
create a regional council, the members of each county council to	293
be part of the regional council shall meet to determine whether	294
all or part of the members of each county council will serve as	295
members of the regional council.	296

(6) A board of county commissioners may approve a resolution	297
by a majority vote of the board's members that requires the county	298
council to submit a statement to the board each time the council	299
proposes to enter into an agreement, adopt a plan, or make a	300
decision, other than a decision pursuant to section 121.38 of the	301
Revised Code, that requires the expenditure of funds for two or	302
more families. The statement shall describe the proposed	303
agreement, plan, or decision.	304

Not later than fifteen days after the board receives the	305
statement, it shall, by resolution approved by a majority of its	306
members, approve or disapprove the agreement, plan, or decision.	307
Failure of the board to pass a resolution during that time period	308
shall be considered approval of the agreement, plan, or decision.	309

An agreement, plan, or decision for which a statement is	310
required to be submitted to the board shall be implemented only if	311
it is approved by the board.	312

(C)(D) Each county shall develop a county service	313
coordination mechanism. The mechanism shall be developed and	314
approved with the participation of the county entities	315
representing child welfare; mental retardation and developmental	316
disabilities; alcohol, drug addiction, and mental health services;	317
health; juvenile judges; education; the county family and children	318
first council; and the county early intervention collaborative	319
established pursuant to the federal early intervention program	320
operated under the "Education of the Handicapped Act Amendments of	321
1986." The county shall establish an implementation schedule for	322
the mechanism. The cabinet council may monitor the implementation	323
and administration of each county's service coordination	324
mechanism.	325

Each mechanism shall include all of the following:

326

(1) A procedure for assessing the needs of any child,	327
including a child who is an abused, neglected, dependent, unruly,	328
or delinquent child and under the jurisdiction of the juvenile	329
court or a child whose parent or custodian is voluntarily seeking	330
services;	331

(2) A procedure for assessing the service needs of the family	332
of any child, including a child who is an abused, neglected,	333
dependent, unruly, or delinquent child and under the jurisdiction	334
of the juvenile court or a child whose parent or custodian is	335
voluntarily seeking services;	336

(3) A procedure for development of a comprehensive joint	337
service plan described in division (D) of this section;	338

(4) A local dispute resolution process to serve as the	339
process that must be used first to resolve disputes among the	340
agencies represented on the county council concerning the	341
provision of services to children, including children who are	342
abused, neglected, dependent, unruly, alleged unruly, or	343
delinquent children and under the jurisdiction of the juvenile	344
court and children whose parents or custodians are voluntarily	345
seeking services. The local dispute resolution process shall	346
comply with section 121.38 of the Revised Code. The cabinet	347
council shall adopt rules in accordance with Chapter 119. of the	348
Revised Code establishing an administrative review process to	349
address problems that arise concerning the operation of a local	350
dispute resolution process.	351

(D)(E) Each county shall develop a comprehensive joint	352
service plan that does both of the following:	353

(1) Designates service responsibilities among the various	354
state and local agencies that provide services to children and	355
their families, including children who are abused, neglected,	356
dependent, unruly, or delinquent children and under the	357
jurisdiction of the juvenile court and children whose parents or	358
custodians are voluntarily seeking services;	359

(2) Includes a service coordination process for dealing with	360
a child who is alleged to be an unruly child. The service	361
coordination process shall include methods to divert the child	362
from the juvenile court system.	363

(E)(F)(1) The service coordination process provided for under	364
division (D)(2) of this section may include, but is not limited	365
to, the following:	366

(a) An assessment of the needs and strengths of the child and	367
the child's family and the services the child and the child's	368
family need;	369

(b) Designation of the person or agency to conduct the	370
assessment of the child and the child's family as described in	371
division (E)(1)(a) of this section and designation of the	372
instrument or instruments to be used to conduct the assessment;	373

(c) Designation of the agency to provide case management	374
services to the child and to the child's family;	375

(d) An emphasis on the personal responsibilities of the child	376
and the parental responsibilities of the parents, guardian, or	377
custodian of the child;	378

(e) Involvement of local law enforcement agencies and	379
officials.	380

(2) The method to divert a child from the juvenile court	381
system that must be included in the service coordination process	382
may include, but is not limited to, the following:	383

(a) The preparation of a complaint under section 2151.27 of	384
the Revised Code alleging that the child is an unruly child and	385
notifying the child and the parents, guardian, or custodian that	386
the complaint has been prepared to encourage the child and the	387
parents, guardian, or custodian to comply with other methods to	388
divert the child from the juvenile court system;	389

(b) Conducting a meeting with the child, the parents,	390
guardian, or custodian, and other interested parties to determine	391
the appropriate methods to divert the child from the juvenile	392
court system;	393

(c) A method for dealing with short-term crisis situations	394
involving a confrontation between the child and the parents,	395
guardian, or custodian;	396

(d) A method to provide to the child and the child's family a	397
short-term respite from a short-term crisis situation involving a	398
confrontation between the child and the parents, guardian, or	399
custodian;	400

(e) A program to provide a mentor to the child or the	401
parents, guardian, or custodian;	402

(f) A program to provide parenting education to the parents,	403
guardian, or custodian;	404

(g) An alternative school program for children who are truant	405
from school, repeatedly disruptive in school, or suspended or	406
expelled from school;	407

(h) Other appropriate measures, including, but not limited	408
to, any alternative methods to divert a child from the juvenile	409
court system that are identified by the Ohio family and children	410
first cabinet council.	411

(F)(G) Each county may review and revise the service	412
coordination process described in division (D)(2) of this section	413
based on the availability of funds under Title IV-A of the "Social	414
Security Act," 110 Stat. 2113 (1996), 42 U.S.C.A. 601, as amended,	415
or to the extent resources are available from any other federal,	416
state, or local funds.	417

Sec. 121.373.  There are hereby established the Ohio	418
commitments to child well-being. The commitments consist of the	419
efforts of Ohio government and citizens to meet the following	420
goals:	421

(A) That expectant parents and newborns thrive;

422

(B) That infants and toddlers thrive;

423

(C) That children are ready for school;

424

(D) That children and youth succeed in school;

425

(E) That youth choose healthy behaviors;

426

(F) That youth successfully transition into adulthood.

427

Sec. 121.374.  There is hereby created the Ohio family and	428
children first cabinet council advisory board consisting of	429
fourteen members. The governor shall appoint one member from the	430
governor's office to serve on the advisory board. The speaker of	431
the house of representatives shall appoint two members of the	432
house of representatives, each from a different political party.	433
The president of the senate shall appoint two members of the	434
senate, each from a different political party. The governor, the	435
speaker of the house of representatives, and the president of the	436
senate shall each appoint three members of the general public who	437
must be persons who use a service provided by an agency	438
represented on a family and children first county council. Each	439
member shall serve until a replacement member is appointed.	440
Vacancies shall be filled in the same manner as original	441
appointments. Members of the advisory board shall serve without	442
compensation.	443

The advisory board shall provide guidance to the Ohio family	444
and children first cabinet council regarding efforts to meet	445
Ohio's commitments to child well-being.	446

Sec. 2151.27.  (A)(1) Subject to division (A)(2) of this	447
section, any person having knowledge of a child who appears to	448
have violated section 2151.87 of the Revised Code or to be a	449
juvenile traffic offender or to be an unruly, abused, neglected,	450
or dependent child may file a sworn complaint with respect to that	451
child in the juvenile court of the county in which the child has a	452
residence or legal settlement or in which the violation,	453
unruliness, abuse, neglect, or dependency allegedly occurred. If	454
an alleged abused, neglected, or dependent child is taken into	455
custody pursuant to division (D) of section 2151.31 of the Revised	456
Code or is taken into custody pursuant to division (A) of section	457
2151.31 of the Revised Code without the filing of a complaint and	458
placed into shelter care pursuant to division (C) of that section,	459
a sworn complaint shall be filed with respect to the child before	460
the end of the next day after the day on which the child was taken	461
into custody. The sworn complaint may be upon information and	462
belief, and, in addition to the allegation that the child	463
committed the violation or is an unruly, abused, neglected, or	464
dependent child, the complaint shall allege the particular facts	465
upon which the allegation that the child committed the violation	466
or is an unruly, abused, neglected, or dependent child is based.	467

(2) Any person having knowledge of a child who appears to be	468
an unruly child for being an habitual truant may file a sworn	469
complaint with respect to that child and the parent, guardian, or	470
other person having care of the child in the juvenile court of the	471
county in which the child has a residence or legal settlement or	472
in which the child is supposed to attend public school. The sworn	473
complaint may be upon information and belief and shall contain the	474
following allegations:	475

(a) That the child is an unruly child for being an habitual	476
truant and, in addition, the particular facts upon which that	477
allegation is based;	478

(b) That the parent, guardian, or other person having care of	479
the child has failed to cause the child's attendance at school in	480
violation of section 3321.38 of the Revised Code and, in addition,	481
the particular facts upon which that allegation is based.	482

(B) If a child, before arriving at the age of eighteen years,	483
allegedly commits an act for which the child may be adjudicated an	484
unruly child and if the specific complaint alleging the act is not	485
filed or a hearing on that specific complaint is not held until	486
after the child arrives at the age of eighteen years, the court	487
has jurisdiction to hear and dispose of the complaint as if the	488
complaint were filed and the hearing held before the child arrived	489
at the age of eighteen years.	490

(C) If the complainant in a case in which a child is alleged	491
to be an abused, neglected, or dependent child desires permanent	492
custody of the child or children, temporary custody of the child	493
or children, whether as the preferred or an alternative	494
disposition, or the placement of the child in a planned permanent	495
living arrangement, the complaint shall contain a prayer	496
specifically requesting permanent custody, temporary custody, or	497
the placement of the child in a planned permanent living	498
arrangement.	499

(D) Any person with standing under applicable law may file a	500
complaint for the determination of any other matter over which the	501
juvenile court is given jurisdiction by section 2151.23 of the	502
Revised Code. The complaint shall be filed in the county in which	503
the child who is the subject of the complaint is found or was last	504
known to be found.	505

(E) A public children services agency, acting pursuant to a	506
complaint or an action on a complaint filed under this section, is	507
not subject to the requirements of section 3109.27 of the Revised	508
Code.	509

(F) Upon the filing of a complaint alleging that a child is	510
an unruly child, the court may hold the complaint in abeyance	511
pending the child's successful completion of actions that	512
constitute a method to divert the child from the juvenile court	513
system. The method may be adopted by a county pursuant to	514
divisions (D) and (E) and (F) of section 121.37 of the Revised	515
Code or it may be another method that the court considers	516
satisfactory. If the child completes the actions to the court's	517
satisfaction, the court may dismiss the complaint. If the child	518
fails to complete the actions to the court's satisfaction, the	519
court may consider the complaint.	520

Section 2. That existing sections 121.37 and 2151.27 of the	521
Revised Code are hereby repealed.	522