As Reported by the Committee of Conference

126th General Assembly Regular Session 2005-2006

Am. Sub. S. B. No. 238

Senators Niehaus, Schuring, Clancy, Padgett, Carey, Spada, Armbruster, Coughlin, Dann, Fedor, Harris, Kearney, Prentiss, Roberts, Zurz, Miller, R., Austria, Wilson, Miller, D. 

Representatives Martin, Allen, Calvert, Cassell, Collier, DeBose, DeGeeter, Distel, Domenick, Driehaus, Evans, C., Fende, Garrison, Hartnett, Harwood, Key, Otterman, Raussen, Seitz, Smith, G., Stewart, D., Strahorn, Williams, Yates, Patton, T. 

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A BILL

To amend sections 109.57, 109.572, 109.60, 1347.08,

1

1717.14, 2101.11, 2151.011, 2151.23, 2151.281,

2

2151.353, 2151.39, 2151.416, 2151.421, 3107.011,

3

3107.014, 3107.015, 3107.016, 3107.02, 3107.031,

4

3107.032, 3107.10, 3107.12, 3107.14, 3107.17,

5

3107.66, 3109.16, 3109.17, 3313.64, 5101.141,

6

5101.29, 5101.35, 5101.72, 5101.99, 5103.03,

7

5103.031, 5103.033, 5103.034, 5103.035, 5103.036,

8

5103.038, 5103.039, 5103.0311, 5103.0312,

9

5103.0313, 5103.0315, 5103.07, 5103.13, 5103.131,

10

5103.16, 5104.01, 5104.11, 5104.31, 5153.01,

11

5153.111, 5153.122, 5153.16, 5153.17, 5153.20,

12

5153.60, 5153.61, 5153.62, 5153.63, 5153.64,

13

5153.65, 5153.66, 5153.67, 5153.70, 5153.71,

14

5153.72, 5153.73, 5153.74, 5153.75, 5153.76,

15

5153.77, and 5153.78; to amend, for the purpose of

16

adopting new section numbers as indicated in

17

parentheses, sections 3107.032 (3107.033), 3107.10

18

(3107.055), 5153.60 (5103.30), 5153.61 (5103.35),

19

5153.62 (5103.36), 5153.63 (5103.362), 5153.64

20

(5103.363), 5153.65 (5103.37), 5153.66 (5103.39),

21

5153.67 (5103.391), 5153.70 (5103.38), 5153.71

22

(5103.41), 5153.72 (5103.42), 5153.73 (5103.421),

23

5153.74 (5103.422), 5153.75 (5153.125), 5153.76

24

(5153.126), 5153.77 (5153.127), and 5153.78

25

(5103.32); to enact new sections 3107.032,

26

3107.10, 5103.20, 5103.21, and 5103.22 and

27

sections 2151.423, 3107.034, 3107.101, 5101.13,

28

5101.131, 5101.132, 5101.133, 5101.134, 5103.162,

29

5103.18, 5103.301, 5103.302, 5103.303, 5103.31,

30

5103.33, 5103.34, 5103.361, 5103.40, 5153.123,

31

5153.124, and 5153.166; and to repeal sections

32

5103.037, 5103.20, 5103.21, 5103.22, 5103.23,

33

5103.24, 5103.25, 5103.26, 5103.27, 5103.28,

34

5153.68, and 5153.69 of the Revised Code to revise

35

the law governing child welfare and other laws

36

regarding the Department of Job and Family

37

Services.

38

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

Section 1. That sections 109.57, 109.572, 109.60, 1347.08,	39
1717.14, 2101.11, 2151.011, 2151.23, 2151.281, 2151.353, 2151.39,	40
2151.416, 2151.421, 3107.011, 3107.014, 3107.015, 3107.016,	41
3107.02, 3107.31, 3107.032, 3107.10, 3107.12, 3107.14, 3107.17,	42
3307.66, 3109.16, 3109.17, 3313.64, 5101.141, 5101.29, 5101.35,	43
5101.72, 5101.99, 5103.03, 5103.031, 5103.033, 5103.034, 5103.035,	44
5103.036, 5103.038, 5103.039, 5103.0311, 5103.0312, 5103.0313,	45
5103.0315, 5103.07, 5103.13, 5103.131, 5103.16, 5104.01, 5104.11,	46
5104.31, 5153.01, 5153.111, 5153.122, 5153.16, 5153.17, 5153.20,	47
5153.60, 5153.61, 5153.62, 5153.63, 5153.64, 5153.65, 5153.66,	48
5153.67, 5153.70, 5153.71, 5153.72, 5153.73, 5153.74, 5153.75,	49
5153.76, 5153.77, and 5153.78 be amended; sections 3107.032	50
(3107.033), 3107.10 (3107.055), 5153.60 (5103.30), 5153.61	51
(5103.35), 5153.62 (5103.36), 5153.63 (5103.362), 5153.64	52
(5103.363), 5153.65 (5103.37), 5153.66 (5103.39), 5153.67	53
(5103.391), 5153.70 (5103.38), 5153.71 (5103.41), 5153.72	54
(5103.42), 5153.73 (5103.421), 5153.74 (5103.422), 5153.75	55
(5153.125), 5153.76 (5153.126), 5153.77 (5153.127), and 5153.78	56
(5103.32) be amended for the purpose of adopting new section	57
numbers as indicated in parentheses; and new sections 3107.032,	58
3107.10, 5103.20, 5103.21, and 5103.22 and sections 2151.423,	59
3107.034, 3107.101, 5101.13, 5101.131, 5101.132, 5101.133,	60
5101.134, 5103.162, 5103.18, 5103.301, 5103.302, 5103.303,	61
5103.31, 5103.33, 5103.34, 5103.361, 5103.40, 5153.123, 5153.124,	62
and 5153.166 of the Revised Code be enacted to read as follows:	63

Sec. 109.57.  (A)(1) The superintendent of the bureau of	64
criminal identification and investigation shall procure from	65
wherever procurable and file for record photographs, pictures,	66
descriptions, fingerprints, measurements, and other information	67
that may be pertinent of all persons who have been convicted of	68
committing within this state a felony, any crime constituting a	69
misdemeanor on the first offense and a felony on subsequent	70
offenses, or any misdemeanor described in division (A)(1)(a) or	71
(A)(10)(a) of section 109.572 of the Revised Code, of all children	72
under eighteen years of age who have been adjudicated delinquent	73
children for committing within this state an act that would be a	74
felony or an offense of violence if committed by an adult or who	75
have been convicted of or pleaded guilty to committing within this	76
state a felony or an offense of violence, and of all well-known	77
and habitual criminals. The person in charge of any county,	78
multicounty, municipal, municipal-county, or multicounty-municipal	79
jail or workhouse, community-based correctional facility, halfway	80
house, alternative residential facility, or state correctional	81
institution and the person in charge of any state institution	82
having custody of a person suspected of having committed a felony,	83
any crime constituting a misdemeanor on the first offense and a	84
felony on subsequent offenses, or any misdemeanor described in	85
division (A)(1)(a) or (A)(10)(a) of section 109.572 of the Revised	86
Code or having custody of a child under eighteen years of age with	87
respect to whom there is probable cause to believe that the child	88
may have committed an act that would be a felony or an offense of	89
violence if committed by an adult shall furnish such material to	90
the superintendent of the bureau. Fingerprints, photographs, or	91
other descriptive information of a child who is under eighteen	92
years of age, has not been arrested or otherwise taken into	93
custody for committing an act that would be a felony or an offense	94
of violence if committed by an adult, has not been adjudicated a	95
delinquent child for committing an act that would be a felony or	96
an offense of violence if committed by an adult, has not been	97
convicted of or pleaded guilty to committing a felony or an	98
offense of violence, and is not a child with respect to whom there	99
is probable cause to believe that the child may have committed an	100
act that would be a felony or an offense of violence if committed	101
by an adult shall not be procured by the superintendent or	102
furnished by any person in charge of any county, multicounty,	103
municipal, municipal-county, or multicounty-municipal jail or	104
workhouse, community-based correctional facility, halfway house,	105
alternative residential facility, or state correctional	106
institution, except as authorized in section 2151.313 of the	107
Revised Code.	108

(2) Every clerk of a court of record in this state, other	109
than the supreme court or a court of appeals, shall send to the	110
superintendent of the bureau a weekly report containing a summary	111
of each case involving a felony, involving any crime constituting	112
a misdemeanor on the first offense and a felony on subsequent	113
offenses, involving a misdemeanor described in division (A)(1)(a)	114
or (A)(10)(a) of section 109.572 of the Revised Code, or involving	115
an adjudication in a case in which a child under eighteen years of	116
age was alleged to be a delinquent child for committing an act	117
that would be a felony or an offense of violence if committed by	118
an adult. The clerk of the court of common pleas shall include in	119
the report and summary the clerk sends under this division all	120
information described in divisions (A)(2)(a) to (f) of this	121
section regarding a case before the court of appeals that is	122
served by that clerk. The summary shall be written on the standard	123
forms furnished by the superintendent pursuant to division (B) of	124
this section and shall include the following information:	125

(a) The incident tracking number contained on the standard	126
forms furnished by the superintendent pursuant to division (B) of	127
this section;	128

(b) The style and number of the case;

129

(c) The date of arrest;

130

(d) The date that the person was convicted of or pleaded	131
guilty to the offense, adjudicated a delinquent child for	132
committing the act that would be a felony or an offense of	133
violence if committed by an adult, found not guilty of the	134
offense, or found not to be a delinquent child for committing an	135
act that would be a felony or an offense of violence if committed	136
by an adult, the date of an entry dismissing the charge, an entry	137
declaring a mistrial of the offense in which the person is	138
discharged, an entry finding that the person or child is not	139
competent to stand trial, or an entry of a nolle prosequi, or the	140
date of any other determination that constitutes final resolution	141
of the case;	142

(e) A statement of the original charge with the section of	143
the Revised Code that was alleged to be violated;	144

(f) If the person or child was convicted, pleaded guilty, or	145
was adjudicated a delinquent child, the sentence or terms of	146
probation imposed or any other disposition of the offender or the	147
delinquent child.	148

If the offense involved the disarming of a law enforcement	149
officer or an attempt to disarm a law enforcement officer, the	150
clerk shall clearly state that fact in the summary, and the	151
superintendent shall ensure that a clear statement of that fact is	152
placed in the bureau's records.	153

(3) The superintendent shall cooperate with and assist	154
sheriffs, chiefs of police, and other law enforcement officers in	155
the establishment of a complete system of criminal identification	156
and in obtaining fingerprints and other means of identification of	157
all persons arrested on a charge of a felony, any crime	158
constituting a misdemeanor on the first offense and a felony on	159
subsequent offenses, or a misdemeanor described in division	160
(A)(1)(a) or (A)(10)(a) of section 109.572 of the Revised Code and	161
of all children under eighteen years of age arrested or otherwise	162
taken into custody for committing an act that would be a felony or	163
an offense of violence if committed by an adult. The	164
superintendent also shall file for record the fingerprint	165
impressions of all persons confined in a county, multicounty,	166
municipal, municipal-county, or multicounty-municipal jail or	167
workhouse, community-based correctional facility, halfway house,	168
alternative residential facility, or state correctional	169
institution for the violation of state laws and of all children	170
under eighteen years of age who are confined in a county,	171
multicounty, municipal, municipal-county, or multicounty-municipal	172
jail or workhouse, community-based correctional facility, halfway	173
house, alternative residential facility, or state correctional	174
institution or in any facility for delinquent children for	175
committing an act that would be a felony or an offense of violence	176
if committed by an adult, and any other information that the	177
superintendent may receive from law enforcement officials of the	178
state and its political subdivisions.	179

(4) The superintendent shall carry out Chapter 2950. of the	180
Revised Code with respect to the registration of persons who are	181
convicted of or plead guilty to either a sexually oriented offense	182
that is not a registration-exempt sexually oriented offense or a	183
child-victim oriented offense and with respect to all other duties	184
imposed on the bureau under that chapter.	185

(5) The bureau shall perform centralized recordkeeping	186
functions for criminal history records and services in this state	187
for purposes of the national crime prevention and privacy compact	188
set forth in section 109.571 of the Revised Code and is the	189
criminal history record repository as defined in that section for	190
purposes of that compact. The superintendent or the	191
superintendent's designee is the compact officer for purposes of	192
that compact and shall carry out the responsibilities of the	193
compact officer specified in that compact.	194

(B) The superintendent shall prepare and furnish to every	195
county, multicounty, municipal, municipal-county, or	196
multicounty-municipal jail or workhouse, community-based	197
correctional facility, halfway house, alternative residential	198
facility, or state correctional institution and to every clerk of	199
a court in this state specified in division (A)(2) of this section	200
standard forms for reporting the information required under	201
division (A) of this section. The standard forms that the	202
superintendent prepares pursuant to this division may be in a	203
tangible format, in an electronic format, or in both tangible	204
formats and electronic formats.	205

(C) The superintendent may operate a center for electronic,	206
automated, or other data processing for the storage and retrieval	207
of information, data, and statistics pertaining to criminals and	208
to children under eighteen years of age who are adjudicated	209
delinquent children for committing an act that would be a felony	210
or an offense of violence if committed by an adult, criminal	211
activity, crime prevention, law enforcement, and criminal justice,	212
and may establish and operate a statewide communications network	213
to gather and disseminate information, data, and statistics for	214
the use of law enforcement agencies. The superintendent may	215
gather, store, retrieve, and disseminate information, data, and	216
statistics that pertain to children who are under eighteen years	217
of age and that are gathered pursuant to sections 109.57 to 109.61	218
of the Revised Code together with information, data, and	219
statistics that pertain to adults and that are gathered pursuant	220
to those sections. In addition to any other authorized use of	221
information, data, and statistics of that nature, the	222
superintendent or the superintendent's designee may provide and	223
exchange the information, data, and statistics pursuant to the	224
national crime prevention and privacy compact as described in	225
division (A)(5) of this section.	226

(D) The information and materials furnished to the	227
superintendent pursuant to division (A) of this section and	228
information and materials furnished to any board or person under	229
division (F) or (G) of this section are not public records under	230
section 149.43 of the Revised Code.	231

(E) The attorney general shall adopt rules, in accordance	232
with Chapter 119. of the Revised Code, setting forth the procedure	233
by which a person may receive or release information gathered by	234
the superintendent pursuant to division (A) of this section. A	235
reasonable fee may be charged for this service. If a temporary	236
employment service submits a request for a determination of	237
whether a person the service plans to refer to an employment	238
position has been convicted of or pleaded guilty to an offense	239
listed in division (A)(1), (3), (4), (5), or (6) of section	240
109.572 of the Revised Code, the request shall be treated as a	241
single request and only one fee shall be charged.	242

(F)(1) As used in division (F)(2) of this section, "head	243
start agency" means an entity in this state that has been approved	244
to be an agency for purposes of subchapter II of the "Community	245
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	246
as amended.	247

(2)(a) In addition to or in conjunction with any request that	248
is required to be made under section 109.572, 2151.86, 3301.32,	249
3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 5123.081,	250
5126.28, 5126.281, or 5153.111 of the Revised Code, the board of	251
education of any school district; the director of mental	252
retardation and developmental disabilities; any county board of	253
mental retardation and developmental disabilities; any entity	254
under contract with a county board of mental retardation and	255
developmental disabilities; the chief administrator of any	256
chartered nonpublic school; the chief administrator of any home	257
health agency; the chief administrator of or person operating any	258
child day-care center, type A family day-care home, or type B	259
family day-care home licensed or certified under Chapter 5104. of	260
the Revised Code; the administrator of any type C family day-care	261
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st	262
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st	263
general assembly; the chief administrator of any head start	264
agency; or the executive director of a public children services	265
agency may request that the superintendent of the bureau	266
investigate and determine, with respect to any individual who has	267
applied for employment in any position after October 2, 1989, or	268
any individual wishing to apply for employment with a board of	269
education may request, with regard to the individual, whether the	270
bureau has any information gathered under division (A) of this	271
section that pertains to that individual. On receipt of the	272
request, the superintendent shall determine whether that	273
information exists and, upon request of the person, board, or	274
entity requesting information, also shall request from the federal	275
bureau of investigation any criminal records it has pertaining to	276
that individual. The superintendent or the superintendent's	277
designee also may request criminal history records from other	278
states or the federal government pursuant to the national crime	279
prevention and privacy compact set forth in section 109.571 of the	280
Revised Code. Within thirty days of the date that the	281
superintendent receives a request, the superintendent shall send	282
to the board, entity, or person a report of any information that	283
the superintendent determines exists, including information	284
contained in records that have been sealed under section 2953.32	285
of the Revised Code, and, within thirty days of its receipt, shall	286
send the board, entity, or person a report of any information	287
received from the federal bureau of investigation, other than	288
information the dissemination of which is prohibited by federal	289
law.	290

(b) When a board of education is required to receive	291
information under this section as a prerequisite to employment of	292
an individual pursuant to section 3319.39 of the Revised Code, it	293
may accept a certified copy of records that were issued by the	294
bureau of criminal identification and investigation and that are	295
presented by an individual applying for employment with the	296
district in lieu of requesting that information itself. In such a	297
case, the board shall accept the certified copy issued by the	298
bureau in order to make a photocopy of it for that individual's	299
employment application documents and shall return the certified	300
copy to the individual. In a case of that nature, a district only	301
shall accept a certified copy of records of that nature within one	302
year after the date of their issuance by the bureau.	303

(3) The state board of education may request, with respect to	304
any individual who has applied for employment after October 2,	305
1989, in any position with the state board or the department of	306
education, any information that a school district board of	307
education is authorized to request under division (F)(2) of this	308
section, and the superintendent of the bureau shall proceed as if	309
the request has been received from a school district board of	310
education under division (F)(2) of this section.	311

(4) When the superintendent of the bureau receives a request	312
for information under section 3319.291 of the Revised Code, the	313
superintendent shall proceed as if the request has been received	314
from a school district board of education under division (F)(2) of	315
this section.	316

(5) When a recipient of a classroom reading improvement grant	317
paid under section 3301.86 of the Revised Code requests, with	318
respect to any individual who applies to participate in providing	319
any program or service funded in whole or in part by the grant,	320
the information that a school district board of education is	321
authorized to request under division (F)(2)(a) of this section,	322
the superintendent of the bureau shall proceed as if the request	323
has been received from a school district board of education under	324
division (F)(2)(a) of this section.	325

(G) In addition to or in conjunction with any request that is	326
required to be made under section 3701.881, 3712.09, 3721.121, or	327
3722.151 of the Revised Code with respect to an individual who has	328
applied for employment in a position that involves providing	329
direct care to an older adult, the chief administrator of a home	330
health agency, hospice care program, home licensed under Chapter	331
3721. of the Revised Code, adult day-care program operated	332
pursuant to rules adopted under section 3721.04 of the Revised	333
Code, or adult care facility may request that the superintendent	334
of the bureau investigate and determine, with respect to any	335
individual who has applied after January 27, 1997, for employment	336
in a position that does not involve providing direct care to an	337
older adult, whether the bureau has any information gathered under	338
division (A) of this section that pertains to that individual.	339

In addition to or in conjunction with any request that is	340
required to be made under section 173.27 of the Revised Code with	341
respect to an individual who has applied for employment in a	342
position that involves providing ombudsperson services to	343
residents of long-term care facilities or recipients of	344
community-based long-term care services, the state long-term care	345
ombudsperson, ombudsperson's designee, or director of health may	346
request that the superintendent investigate and determine, with	347
respect to any individual who has applied for employment in a	348
position that does not involve providing such ombudsperson	349
services, whether the bureau has any information gathered under	350
division (A) of this section that pertains to that applicant.	351

In addition to or in conjunction with any request that is	352
required to be made under section 173.394 of the Revised Code with	353
respect to an individual who has applied for employment in a	354
position that involves providing direct care to an individual, the	355
chief administrator of a community-based long-term care agency may	356
request that the superintendent investigate and determine, with	357
respect to any individual who has applied for employment in a	358
position that does not involve providing direct care, whether the	359
bureau has any information gathered under division (A) of this	360
section that pertains to that applicant.	361

On receipt of a request under this division, the	362
superintendent shall determine whether that information exists	363
and, on request of the individual requesting information, shall	364
also request from the federal bureau of investigation any criminal	365
records it has pertaining to the applicant. The superintendent or	366
the superintendent's designee also may request criminal history	367
records from other states or the federal government pursuant to	368
the national crime prevention and privacy compact set forth in	369
section 109.571 of the Revised Code. Within thirty days of the	370
date a request is received, the superintendent shall send to the	371
requester a report of any information determined to exist,	372
including information contained in records that have been sealed	373
under section 2953.32 of the Revised Code, and, within thirty days	374
of its receipt, shall send the requester a report of any	375
information received from the federal bureau of investigation,	376
other than information the dissemination of which is prohibited by	377
federal law.	378

(H) Information obtained by a government entity or person	379
under this section is confidential and shall not be released or	380
disseminated.	381

(I) The superintendent may charge a reasonable fee for	382
providing information or criminal records under division (F)(2) or	383
(G) of this section.	384

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	385
section 121.08, 3301.32, 3301.541, 3319.39, 5104.012, or 5104.013,	386
or 5153.111 of the Revised Code, a completed form prescribed	387
pursuant to division (C)(1) of this section, and a set of	388
fingerprint impressions obtained in the manner described in	389
division (C)(2) of this section, the superintendent of the bureau	390
of criminal identification and investigation shall conduct a	391
criminal records check in the manner described in division (B) of	392
this section to determine whether any information exists that	393
indicates that the person who is the subject of the request	394
previously has been convicted of or pleaded guilty to any of the	395
following:	396

(a) A violation of section 2903.01, 2903.02, 2903.03,	397
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	398
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	399
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	400
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	401
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	402
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	403
2925.06, or 3716.11 of the Revised Code, felonious sexual	404
penetration in violation of former section 2907.12 of the Revised	405
Code, a violation of section 2905.04 of the Revised Code as it	406
existed prior to July 1, 1996, a violation of section 2919.23 of	407
the Revised Code that would have been a violation of section	408
2905.04 of the Revised Code as it existed prior to July 1, 1996,	409
had the violation been committed prior to that date, or a	410
violation of section 2925.11 of the Revised Code that is not a	411
minor drug possession offense;	412

(b) A violation of an existing or former law of this state,	413
any other state, or the United States that is substantially	414
equivalent to any of the offenses listed in division (A)(1)(a) of	415
this section.	416

(2) On receipt of a request pursuant to section 5123.081 of	417
the Revised Code with respect to an applicant for employment in	418
any position with the department of mental retardation and	419
developmental disabilities, pursuant to section 5126.28 of the	420
Revised Code with respect to an applicant for employment in any	421
position with a county board of mental retardation and	422
developmental disabilities, or pursuant to section 5126.281 of the	423
Revised Code with respect to an applicant for employment in a	424
direct services position with an entity contracting with a county	425
board for employment, a completed form prescribed pursuant to	426
division (C)(1) of this section, and a set of fingerprint	427
impressions obtained in the manner described in division (C)(2) of	428
this section, the superintendent of the bureau of criminal	429
identification and investigation shall conduct a criminal records	430
check. The superintendent shall conduct the criminal records check	431
in the manner described in division (B) of this section to	432
determine whether any information exists that indicates that the	433
person who is the subject of the request has been convicted of or	434
pleaded guilty to any of the following:	435

(a) A violation of section 2903.01, 2903.02, 2903.03,	436
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	437
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,	438
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,	439
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	440
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,	441
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,	442
2925.03, or 3716.11 of the Revised Code;	443

(b) An existing or former municipal ordinance or law of this	444
state, any other state, or the United States that is substantially	445
equivalent to any of the offenses listed in division (A)(2)(a) of	446
this section.	447

(3) On receipt of a request pursuant to section 173.27,	448
173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a	449
completed form prescribed pursuant to division (C)(1) of this	450
section, and a set of fingerprint impressions obtained in the	451
manner described in division (C)(2) of this section, the	452
superintendent of the bureau of criminal identification and	453
investigation shall conduct a criminal records check with respect	454
to any person who has applied for employment in a position for	455
which a criminal records check is required by those sections. The	456
superintendent shall conduct the criminal records check in the	457
manner described in division (B) of this section to determine	458
whether any information exists that indicates that the person who	459
is the subject of the request previously has been convicted of or	460
pleaded guilty to any of the following:	461

(a) A violation of section 2903.01, 2903.02, 2903.03,	462
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	463
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	464
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	465
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	466
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	467
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	468
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	469
2925.22, 2925.23, or 3716.11 of the Revised Code;	470

(b) An existing or former law of this state, any other state,	471
or the United States that is substantially equivalent to any of	472
the offenses listed in division (A)(3)(a) of this section.	473

(4) On receipt of a request pursuant to section 3701.881 of	474
the Revised Code with respect to an applicant for employment with	475
a home health agency as a person responsible for the care,	476
custody, or control of a child, a completed form prescribed	477
pursuant to division (C)(1) of this section, and a set of	478
fingerprint impressions obtained in the manner described in	479
division (C)(2) of this section, the superintendent of the bureau	480
of criminal identification and investigation shall conduct a	481
criminal records check. The superintendent shall conduct the	482
criminal records check in the manner described in division (B) of	483
this section to determine whether any information exists that	484
indicates that the person who is the subject of the request	485
previously has been convicted of or pleaded guilty to any of the	486
following:	487

(a) A violation of section 2903.01, 2903.02, 2903.03,	488
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	489
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	490
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	491
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	492
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	493
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	494
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	495
violation of section 2925.11 of the Revised Code that is not a	496
minor drug possession offense;	497

(b) An existing or former law of this state, any other state,	498
or the United States that is substantially equivalent to any of	499
the offenses listed in division (A)(4)(a) of this section.	500

(5) On receipt of a request pursuant to section 5111.95 or	501
5111.96 of the Revised Code with respect to an applicant for	502
employment with a waiver agency participating in a department of	503
job and family services administered home and community-based	504
waiver program or an independent provider participating in a	505
department administered home and community-based waiver program in	506
a position that involves providing home and community-based waiver	507
services to consumers with disabilities, a completed form	508
prescribed pursuant to division (C)(1) of this section, and a set	509
of fingerprint impressions obtained in the manner described in	510
division (C)(2) of this section, the superintendent of the bureau	511
of criminal identification and investigation shall conduct a	512
criminal records check. The superintendent shall conduct the	513
criminal records check in the manner described in division (B) of	514
this section to determine whether any information exists that	515
indicates that the person who is the subject of the request	516
previously has been convicted of or pleaded guilty to any of the	517
following:	518

(a) A violation of section 2903.01, 2903.02, 2903.03,	519
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	520
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	521
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	522
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	523
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13,	524
2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40,	525
2913.43, 2913.47, 2913.51, 2919.12, 2919.24, 2919.25, 2921.36,	526
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	527
2925.06, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the	528
Revised Code, felonious sexual penetration in violation of former	529
section 2907.12 of the Revised Code, a violation of section	530
2905.04 of the Revised Code as it existed prior to July 1, 1996, a	531
violation of section 2919.23 of the Revised Code that would have	532
been a violation of section 2905.04 of the Revised Code as it	533
existed prior to July 1, 1996, had the violation been committed	534
prior to that date;	535

(b) An existing or former law of this state, any other state,	536
or the United States that is substantially equivalent to any of	537
the offenses listed in division (A)(5)(a) of this section.	538

(6) On receipt of a request pursuant to section 3701.881 of	539
the Revised Code with respect to an applicant for employment with	540
a home health agency in a position that involves providing direct	541
care to an older adult, a completed form prescribed pursuant to	542
division (C)(1) of this section, and a set of fingerprint	543
impressions obtained in the manner described in division (C)(2) of	544
this section, the superintendent of the bureau of criminal	545
identification and investigation shall conduct a criminal records	546
check. The superintendent shall conduct the criminal records check	547
in the manner described in division (B) of this section to	548
determine whether any information exists that indicates that the	549
person who is the subject of the request previously has been	550
convicted of or pleaded guilty to any of the following:	551

(a) A violation of section 2903.01, 2903.02, 2903.03,	552
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	553
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	554
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	555
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	556
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	557
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	558
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	559
2925.22, 2925.23, or 3716.11 of the Revised Code;	560

(b) An existing or former law of this state, any other state,	561
or the United States that is substantially equivalent to any of	562
the offenses listed in division (A)(6)(a) of this section.	563

(7) When conducting a criminal records check upon a request	564
pursuant to section 3319.39 of the Revised Code for an applicant	565
who is a teacher, in addition to the determination made under	566
division (A)(1) of this section, the superintendent shall	567
determine whether any information exists that indicates that the	568
person who is the subject of the request previously has been	569
convicted of or pleaded guilty to any offense specified in section	570
3319.31 of the Revised Code.	571

(8) On a request pursuant to section 2151.86 of the Revised	572
Code, a completed form prescribed pursuant to division (C)(1) of	573
this section, and a set of fingerprint impressions obtained in the	574
manner described in division (C)(2) of this section, the	575
superintendent of the bureau of criminal identification and	576
investigation shall conduct a criminal records check in the manner	577
described in division (B) of this section to determine whether any	578
information exists that indicates that the person who is the	579
subject of the request previously has been convicted of or pleaded	580
guilty to any of the following:	581

(a) A violation of section 2903.01, 2903.02, 2903.03,	582
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	583
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	584
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	585
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	586
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	587
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	588
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a	589
violation of section 2905.04 of the Revised Code as it existed	590
prior to July 1, 1996, a violation of section 2919.23 of the	591
Revised Code that would have been a violation of section 2905.04	592
of the Revised Code as it existed prior to July 1, 1996, had the	593
violation been committed prior to that date, a violation of	594
section 2925.11 of the Revised Code that is not a minor drug	595
possession offense, or felonious sexual penetration in violation	596
of former section 2907.12 of the Revised Code;	597

(b) A violation of an existing or former law of this state,	598
any other state, or the United States that is substantially	599
equivalent to any of the offenses listed in division (A)(8)(a) of	600
this section.	601

(9) When conducting a criminal records check on a request	602
pursuant to section 5104.013 of the Revised Code for a person who	603
is an owner, licensee, or administrator of a child day-care center	604
or type A family day-care home or, an authorized provider of a	605
certified type B family day-care home, or an adult residing in a	606
type A or certified type B home, or when conducting a criminal	607
records check or a request pursuant to section 5104.012 of the	608
Revised Code for a person who is an applicant for employment in a	609
center, type A home, or certified type B home, the superintendent,	610
in addition to the determination made under division (A)(1) of	611
this section, shall determine whether any information exists that	612
indicates that the person has been convicted of or pleaded guilty	613
to any of the following:	614

(a) A violation of section 2913.02, 2913.03, 2913.04,	615
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	616
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	617
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11,	618
2921.13, or 2923.01 of the Revised Code, a violation of section	619
2923.02 or 2923.03 of the Revised Code that relates to a crime	620
specified in this division or division (A)(1)(a) of this section,	621
or a second violation of section 4511.19 of the Revised Code	622
within five years of the date of application for licensure or	623
certification.	624

(b) A violation of an existing or former law of this state,	625
any other state, or the United States that is substantially	626
equivalent to any of the offenses or violations described in	627
division (A)(9)(a) of this section.	628

(10) Upon receipt of a request pursuant to section 5153.111	629
of the Revised Code, a completed form prescribed pursuant to	630
division (C)(1) of this section, and a set of fingerprint	631
impressions obtained in the manner described in division (C)(2) of	632
this section, the superintendent of the bureau of criminal	633
identification and investigation shall conduct a criminal records	634
check in the manner described in division (B) of this section to	635
determine whether any information exists that indicates that the	636
person who is the subject of the request previously has been	637
convicted of or pleaded guilty to any of the following:	638

(a) A violation of section 2903.01, 2903.02, 2903.03,	639
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	640
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	641
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	642
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	643
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	644
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	645
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	646
felonious sexual penetration in violation of former section	647
2907.12 of the Revised Code, a violation of section 2905.04 of the	648
Revised Code as it existed prior to July 1, 1996, a violation of	649
section 2919.23 of the Revised Code that would have been a	650
violation of section 2905.04 of the Revised Code as it existed	651
prior to July 1, 1996, had the violation been committed prior to	652
that date, or a violation of section 2925.11 of the Revised Code	653
that is not a minor drug possession offense;	654

(b) A violation of an existing or former law of this state,	655
any other state, or the United States that is substantially	656
equivalent to any of the offenses listed in division (A)(10)(a) of	657
this section.	658

(11) On receipt of a request for a criminal records check	659
from an individual pursuant to section 4749.03 or 4749.06 of the	660
Revised Code, accompanied by a completed copy of the form	661
prescribed in division (C)(1) of this section and a set of	662
fingerprint impressions obtained in a manner described in division	663
(C)(2) of this section, the superintendent of the bureau of	664
criminal identification and investigation shall conduct a criminal	665
records check in the manner described in division (B) of this	666
section to determine whether any information exists indicating	667
that the person who is the subject of the request has been	668
convicted of or pleaded guilty to a felony in this state or in any	669
other state. If the individual indicates that a firearm will be	670
carried in the course of business, the superintendent shall	671
require information from the federal bureau of investigation as	672
described in division (B)(2) of this section. The superintendent	673
shall report the findings of the criminal records check and any	674
information the federal bureau of investigation provides to the	675
director of public safety.	676

(11)(12) Not later than thirty days after the date the	677
superintendent receives the request, completed form, and	678
fingerprint impressions, the superintendent shall send the person,	679
board, or entity that made the request any information, other than	680
information the dissemination of which is prohibited by federal	681
law, the superintendent determines exists with respect to the	682
person who is the subject of the request that indicates that the	683
person previously has been convicted of or pleaded guilty to any	684
offense listed or described in division (A)(1), (2), (3), (4),	685
(5), (6), (7), (8), (9), or (10), or (11) of this section, as	686
appropriate. The superintendent shall send the person, board, or	687
entity that made the request a copy of the list of offenses	688
specified in division (A)(1), (2), (3), (4), (5), (6), (7), (8),	689
(9), or (10), or (11) of this section, as appropriate. If the	690
request was made under section 3701.881 of the Revised Code with	691
regard to an applicant who may be both responsible for the care,	692
custody, or control of a child and involved in providing direct	693
care to an older adult, the superintendent shall provide a list of	694
the offenses specified in divisions (A)(4) and (6) of this	695
section.	696

(B) The superintendent shall conduct any criminal records	697
check requested under section 121.08, 173.27, 173.394, 2151.86,	698
3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151,	699
4749.03, 4749.06, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081,	700
5126.28, 5126.281, or 5153.111 of the Revised Code as follows:	701

(1) The superintendent shall review or cause to be reviewed	702
any relevant information gathered and compiled by the bureau under	703
division (A) of section 109.57 of the Revised Code that relates to	704
the person who is the subject of the request, including any	705
relevant information contained in records that have been sealed	706
under section 2953.32 of the Revised Code;	707

(2) If the request received by the superintendent asks for	708
information from the federal bureau of investigation, the	709
superintendent shall request from the federal bureau of	710
investigation any information it has with respect to the person	711
who is the subject of the request and shall review or cause to be	712
reviewed any information the superintendent receives from that	713
bureau.	714

(3) The superintendent or the superintendent's designee may	715
request criminal history records from other states or the federal	716
government pursuant to the national crime prevention and privacy	717
compact set forth in section 109.571 of the Revised Code.	718

(C)(1) The superintendent shall prescribe a form to obtain	719
the information necessary to conduct a criminal records check from	720
any person for whom a criminal records check is required by	721
section 121.08, 173.27, 173.394, 2151.86, 3301.32, 3301.541,	722
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06,	723
5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281,	724
or 5153.111 of the Revised Code. The form that the superintendent	725
prescribes pursuant to this division may be in a tangible format,	726
in an electronic format, or in both tangible and electronic	727
formats.	728

(2) The superintendent shall prescribe standard impression	729
sheets to obtain the fingerprint impressions of any person for	730
whom a criminal records check is required by section 121.08,	731
173.27, 173.394, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	732
3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 5104.012, 5104.013,	733
5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the	734
Revised Code. Any person for whom a records check is required by	735
any of those sections shall obtain the fingerprint impressions at	736
a county sheriff's office, municipal police department, or any	737
other entity with the ability to make fingerprint impressions on	738
the standard impression sheets prescribed by the superintendent.	739
The office, department, or entity may charge the person a	740
reasonable fee for making the impressions. The standard impression	741
sheets the superintendent prescribes pursuant to this division may	742
be in a tangible format, in an electronic format, or in both	743
tangible and electronic formats.	744

(3) Subject to division (D) of this section, the	745
superintendent shall prescribe and charge a reasonable fee for	746
providing a criminal records check requested under section 121.08,	747
173.27, 173.394, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	748
3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 5104.012, 5104.013,	749
5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the	750
Revised Code. The person making a criminal records request under	751
section 121.08, 173.27, 173.394, 2151.86, 3301.32, 3301.541,	752
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06,	753
5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281,	754
or 5153.111 of the Revised Code shall pay the fee prescribed	755
pursuant to this division. A person making a request under section	756
3701.881 of the Revised Code for a criminal records check for an	757
applicant who may be both responsible for the care, custody, or	758
control of a child and involved in providing direct care to an	759
older adult shall pay one fee for the request.	760

(4) The superintendent of the bureau of criminal	761
identification and investigation may prescribe methods of	762
forwarding fingerprint impressions and information necessary to	763
conduct a criminal records check, which methods shall include, but	764
not be limited to, an electronic method.	765

(D) A determination whether any information exists that	766
indicates that a person previously has been convicted of or	767
pleaded guilty to any offense listed or described in division	768
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	769
(b), (A)(5)(a) or (b), (A)(6), (A)(7)(a) or (b), (A)(8)(a) or (b),	770
or (A)(9)(a) or (b), or (A)(10)(a) or (b) of this section that is	771
made by the superintendent with respect to information considered	772
in a criminal records check in accordance with this section is	773
valid for the person who is the subject of the criminal records	774
check for a period of one year from the date upon which the	775
superintendent makes the determination. During the period in which	776
the determination in regard to a person is valid, if another	777
request under this section is made for a criminal records check	778
for that person, the superintendent shall provide the information	779
that is the basis for the superintendent's initial determination	780
at a lower fee than the fee prescribed for the initial criminal	781
records check.	782

(E) As used in this section:

783

(1) "Criminal records check" means any criminal records check	784
conducted by the superintendent of the bureau of criminal	785
identification and investigation in accordance with division (B)	786
of this section.	787

(2) "Home and community-based waiver services" and "waiver	788
agency" have the same meanings as in section 5111.95 of the	789
Revised Code.	790

(3) "Independent provider" has the same meaning as in section	791
5111.96 of the Revised Code.	792

(4) "Minor drug possession offense" has the same meaning as	793
in section 2925.01 of the Revised Code.	794

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

795

Sec. 109.60.  (A)(1) The sheriffs of the several counties and	796
the chiefs of police of cities, immediately upon the arrest of any	797
person for any felony, on suspicion of any felony, for a crime	798
constituting a misdemeanor on the first offense and a felony on	799
subsequent offenses, or for any misdemeanor described in division	800
(A)(1)(a) or (A)(10)(a) of section 109.572 of the Revised Code,	801
and immediately upon the arrest or taking into custody of any	802
child under eighteen years of age for committing an act that would	803
be a felony or an offense of violence if committed by an adult or	804
upon probable cause to believe that a child of that age may have	805
committed an act that would be a felony or an offense of violence	806
if committed by an adult, shall take the person's or child's	807
fingerprints, or cause the same to be taken, according to the	808
fingerprint system of identification on the forms furnished by the	809
superintendent of the bureau of criminal identification and	810
investigation, and immediately shall forward copies of the	811
completed forms, any other description that may be required, and	812
the history of the offense committed to the bureau to be	813
classified and filed and to the clerk of the court having	814
jurisdiction over the prosecution of the offense or over the	815
adjudication relative to the act.	816

(2) If a sheriff or chief of police has not taken, or caused	817
to be taken, a person's or child's fingerprints in accordance with	818
division (A)(1) of this section by the time of the arraignment or	819
first appearance of the person or child, the court shall order the	820
person or child to appear before the sheriff or chief of police	821
within twenty-four hours to have the person's or child's	822
fingerprints taken. The sheriff or chief of police shall take the	823
person's or child's fingerprints, or cause the fingerprints to be	824
taken, according to the fingerprint system of identification on	825
the forms furnished by the superintendent of the bureau of	826
criminal identification and investigation and, immediately after	827
the person's or child's arraignment or first appearance, forward	828
copies of the completed forms, any other description that may be	829
required, and the history of the offense committed to the bureau	830
to be classified and filed and to the clerk of the court.	831

(3) Every court with jurisdiction over a case involving a	832
person or child with respect to whom division (A)(1) of this	833
section requires a sheriff or chief of police to take the person's	834
or child's fingerprints shall inquire at the time of the person's	835
or child's sentencing or adjudication whether or not the person or	836
child has been fingerprinted pursuant to division (A)(1) or (2) of	837
this section for the original arrest upon which the sentence or	838
adjudication is based. If the person or child was not	839
fingerprinted for the original arrest upon which the sentence or	840
adjudication is based, the court shall order the person or child	841
to appear before the sheriff or chief of police within twenty-four	842
hours to have the person's or child's fingerprints taken. The	843
sheriff or chief of police shall take the person's or child's	844
fingerprints, or cause the fingerprints to be taken, according to	845
the fingerprint system of identification on the forms furnished by	846
the superintendent of the bureau of criminal identification and	847
investigation and immediately forward copies of the completed	848
forms, any other description that may be required, and the history	849
of the offense committed to the bureau to be classified and filed	850
and to the clerk of the court.	851

(4) If a person or child is in the custody of a law	852
enforcement agency or a detention facility, as defined in section	853
2921.01 of the Revised Code, and the chief law enforcement officer	854
or chief administrative officer of the detention facility	855
discovers that a warrant has been issued or a bill of information	856
has been filed alleging the person or child to have committed an	857
offense or act other than the offense or act for which the person	858
or child is in custody, and the other alleged offense or act is	859
one for which fingerprints are to be taken pursuant to division	860
(A)(1) of this section, the law enforcement agency or detention	861
facility shall take the fingerprints of the person or child, or	862
cause the fingerprints to be taken, according to the fingerprint	863
system of identification on the forms furnished by the	864
superintendent of the bureau of criminal identification and	865
investigation and immediately forward copies of the completed	866
forms, any other description that may be required, and the history	867
of the offense committed to the bureau to be classified and filed	868
and to the clerk of the court that issued the warrant or with	869
which the bill of information was filed.	870

(5) If an accused is found not guilty of the offense charged	871
or a nolle prosequi is entered in any case, or if any accused	872
child under eighteen years of age is found not to be a delinquent	873
child for committing an act that would be a felony or an offense	874
of violence if committed by an adult or not guilty of the felony	875
or offense of violence charged or a nolle prosequi is entered in	876
that case, the fingerprints and description shall be given to the	877
accused upon the accused's request.	878

(6) The superintendent shall compare the description received	879
with those already on file in the bureau, and, if the	880
superintendent finds that the person arrested or taken into	881
custody has a criminal record or a record as a delinquent child	882
for having committed an act that would be a felony or an offense	883
of violence if committed by an adult or is a fugitive from justice	884
or wanted by any jurisdiction in this or another state, the United	885
States, or a foreign country for any offense, the superintendent	886
at once shall inform the arresting officer, the officer taking the	887
person into custody, or the chief administrative officer of the	888
county, multicounty, municipal, municipal-county, or	889
multicounty-municipal jail or workhouse, community-based	890
correctional facility, halfway house, alternative residential	891
facility, or state correctional institution in which the person or	892
child is in custody of that fact and give appropriate notice to	893
the proper authorities in the jurisdiction in which the person is	894
wanted, or, if that jurisdiction is a foreign country, give	895
appropriate notice to federal authorities for transmission to the	896
foreign country. The names, under which each person whose	897
identification is filed is known, shall be alphabetically indexed	898
by the superintendent.	899

(B) Division (A) of this section does not apply to a violator	900
of a city ordinance unless the officers have reason to believe	901
that the violator is a past offender or the crime is one	902
constituting a misdemeanor on the first offense and a felony on	903
subsequent offenses, or unless it is advisable for the purpose of	904
subsequent identification. This section does not apply to any	905
child under eighteen years of age who was not arrested or	906
otherwise taken into custody for committing an act that would be a	907
felony or an offense of violence if committed by an adult or upon	908
probable cause to believe that a child of that age may have	909
committed an act that would be a felony or an offense of violence	910
if committed by an adult, except as provided in section 2151.313	911
of the Revised Code.	912

(C)(1) For purposes of division (C) of this section, a law	913
enforcement agency shall be considered to have arrested a person	914
if any law enforcement officer who is employed by, appointed by,	915
or serves that agency arrests the person. As used in division (C)	916
of this section:	917

(a) "Illegal methamphetamine manufacturing laboratory" has	918
the same meaning as in section 3745.13 of the Revised Code.	919

(b) "Methamphetamine or a methamphetamine product" means	920
methamphetamine, any salt, isomer, or salt of an isomer of	921
methamphetamine, or any compound, mixture, preparation, or	922
substance containing methamphetamine or any salt, isomer, or salt	923
of an isomer of methamphetamine.	924

(2) Each law enforcement agency that, in any calendar year,	925
arrests any person for a violation of section 2925.04 of the	926
Revised Code that is based on the manufacture of methamphetamine	927
or a methamphetamine product, a violation of section 2925.041 of	928
the Revised Code that is based on the possession of chemicals	929
sufficient to produce methamphetamine or a methamphetamine	930
product, or a violation of any other provision of Chapter 2925. or	931
3719. of the Revised Code that is based on the possession of	932
chemicals sufficient to produce methamphetamine or a	933
methamphetamine product shall prepare an annual report covering	934
the calendar year that contains the information specified in	935
division (C)(3) of this section relative to all arrests for	936
violations of those sections committed under those circumstances	937
during that calendar year and relative to illegal methamphetamine	938
manufacturing laboratories, dump sites, and chemical caches as	939
specified in that division and shall send the annual report, not	940
later than the first day of March in the calendar year following	941
the calendar year covered by the report, to the bureau of criminal	942
identification and investigation.	943

The law enforcement agency shall write any annual report	944
prepared and filed under this division on the standard forms	945
furnished by the superintendent of the bureau of criminal	946
identification and investigation pursuant to division (C)(4) of	947
this section. The annual report shall be a statistical report, and	948
nothing in the report or in the information it contains shall	949
identify, or enable the identification of, any person who was	950
arrested and whose arrest is included in the information contained	951
in the report. The annual report in the possession of the bureau	952
and the information it contains are public records for the purpose	953
of section 149.43 of the Revised Code.	954

(3) The annual report prepared and filed by a law enforcement	955
agency under division (C)(2) of this section shall contain all of	956
the following information for the calendar year covered by the	957
report:	958

(a) The total number of arrests made by the agency in that	959
calendar year for a violation of section 2925.04 of the Revised	960
Code that is based on the manufacture of methamphetamine or a	961
methamphetamine product, a violation of section 2925.041 of the	962
Revised Code that is based on the possession of chemicals	963
sufficient to produce methamphetamine or a methamphetamine	964
product, or a violation of any other provision of Chapter 2925. or	965
3719. of the Revised Code that is based on the possession of	966
chemicals sufficient to produce methamphetamine or a	967
methamphetamine product;	968

(b) The total number of illegal methamphetamine manufacturing	969
laboratories at which one or more of the arrests reported under	970
division (C)(3)(a) of this section occurred, or that were	971
discovered in that calendar year within the territory served by	972
the agency but at which none of the arrests reported under	973
division (C)(3)(a) of this section occurred;	974

(c) The total number of dump sites and chemical caches that	975
are, or that are reasonably believed to be, related to illegal	976
methamphetamine manufacturing and that were discovered in that	977
calendar year within the territory served by the agency.	978

(4) The superintendent of the bureau of criminal	979
identification and investigation shall prepare and furnish to each	980
law enforcement agency in this state standard forms for making the	981
annual reports required by division (C)(2) of this section. The	982
standard forms that the superintendent prepares pursuant to this	983
division may be in a tangible format, in an electronic format, or	984
in both a tangible format and an electronic format.	985

(5) The annual report required by division (C)(2) of this	986
section is separate from, and in addition to, any report,	987
materials, or information required under division (A) of this	988
section or under any other provision of sections 109.57 to 109.62	989
of the Revised Code.	990

Sec. 1347.08.  (A) Every state or local agency that maintains	991
a personal information system, upon the request and the proper	992
identification of any person who is the subject of personal	993
information in the system, shall:	994

(1) Inform the person of the existence of any personal	995
information in the system of which the person is the subject;	996

(2) Except as provided in divisions (C) and (E)(2) of this	997
section, permit the person, the person's legal guardian, or an	998
attorney who presents a signed written authorization made by the	999
person, to inspect all personal information in the system of which	1000
the person is the subject;	1001

(3) Inform the person about the types of uses made of the	1002
personal information, including the identity of any users usually	1003
granted access to the system.	1004

(B) Any person who wishes to exercise a right provided by	1005
this section may be accompanied by another individual of the	1006
person's choice.	1007

(C)(1) A state or local agency, upon request, shall disclose	1008
medical, psychiatric, or psychological information to a person who	1009
is the subject of the information or to the person's legal	1010
guardian, unless a physician, psychiatrist, or psychologist	1011
determines for the agency that the disclosure of the information	1012
is likely to have an adverse effect on the person, in which case	1013
the information shall be released to a physician, psychiatrist, or	1014
psychologist who is designated by the person or by the person's	1015
legal guardian.	1016

(2) Upon the signed written request of either a licensed	1017
attorney at law or a licensed physician designated by the inmate,	1018
together with the signed written request of an inmate of a	1019
correctional institution under the administration of the	1020
department of rehabilitation and correction, the department shall	1021
disclose medical information to the designated attorney or	1022
physician as provided in division (C) of section 5120.21 of the	1023
Revised Code.	1024

(D) If an individual who is authorized to inspect personal	1025
information that is maintained in a personal information system	1026
requests the state or local agency that maintains the system to	1027
provide a copy of any personal information that the individual is	1028
authorized to inspect, the agency shall provide a copy of the	1029
personal information to the individual. Each state and local	1030
agency may establish reasonable fees for the service of copying,	1031
upon request, personal information that is maintained by the	1032
agency.	1033

(E)(1) This section regulates access to personal information	1034
that is maintained in a personal information system by persons who	1035
are the subject of the information, but does not limit the	1036
authority of any person, including a person who is the subject of	1037
personal information maintained in a personal information system,	1038
to inspect or have copied, pursuant to section 149.43 of the	1039
Revised Code, a public record as defined in that section.	1040

(2) This section does not provide a person who is the subject	1041
of personal information maintained in a personal information	1042
system, the person's legal guardian, or an attorney authorized by	1043
the person, with a right to inspect or have copied, or require an	1044
agency that maintains a personal information system to permit the	1045
inspection of or to copy, a confidential law enforcement	1046
investigatory record or trial preparation record, as defined in	1047
divisions (A)(2) and (4) of section 149.43 of the Revised Code.	1048

(F) This section does not apply to any of the following:

1049

(1) The contents of an adoption file maintained by the	1050
department of health under section 3705.12 of the Revised Code;	1051

(2) Information contained in the putative father registry	1052
established by section 3107.062 of the Revised Code, regardless of	1053
whether the information is held by the department of job and	1054
family services or, pursuant to section 3111.69 of the Revised	1055
Code, the office of child support in the department or a child	1056
support enforcement agency;	1057

(3) Papers, records, and books that pertain to an adoption	1058
and that are subject to inspection in accordance with section	1059
3107.17 of the Revised Code;	1060

(4) Records listed in division (A) of section 3107.42 of the	1061
Revised Code or specified in division (A) of section 3107.52 of	1062
the Revised Code;	1063

(5) Records that identify an individual described in division	1064
(A)(1) of section 3721.031 of the Revised Code, or that would tend	1065
to identify such an individual;	1066

(6) Files and records that have been expunged under division	1067
(D)(1) of section 3721.23 of the Revised Code;	1068

(7) Records that identify an individual described in division	1069
(A)(1) of section 3721.25 of the Revised Code, or that would tend	1070
to identify such an individual;	1071

(8) Records that identify an individual described in division	1072
(A)(1) of section 5111.61 of the Revised Code, or that would tend	1073
to identify such an individual;	1074

(9) Test materials, examinations, or evaluation tools used in	1075
an examination for licensure as a nursing home administrator that	1076
the board of examiners of nursing home administrators administers	1077
under section 4751.04 of the Revised Code or contracts under that	1078
section with a private or government entity to administer;	1079

(10) Information contained in a database established and	1080
maintained pursuant to section 5101.13 of the Revised Code.	1081

Sec. 1717.14.  When an officer or agent of the Ohio humane	1082
society or of a county humane society deems it for the best	1083
interest of a child, because of cruelty inflicted upon itthe	1084
child or because of itsthe child's surroundings, that itthe	1085
child be removed from the possession and control of the parents or	1086
persons having charge of itthe child, suchthe officer or agent	1087
may take possession of the child summarily, and upon doing so	1088
shall immediately file a complaint in the juvenile court	1089
concerning such child. Such court shall have full jurisdiction to	1090
deal with such child as provided in sections 2151.01 to 2151.54 of	1091
the Revised Code, subject to the prior jurisdiction, if any, which	1092
another court may have over such childcomply with section	1093
2151.421 of the Revised Code.	1094

As used in this section "child" means any person under	1095
eighteen years of age.	1096

Sec. 2101.11.  (A)(1) The probate judge shall have the care	1097
and custody of the files, papers, books, and records belonging to	1098
the probate court. The probate judge is authorized to perform the	1099
duties of clerk of the judge's court. The probate judge may	1100
appoint deputy clerks, stenographers, a bailiff, and any other	1101
necessary employees, each of whom shall take an oath of office	1102
before entering upon the duties of the employee's appointment and,	1103
when so qualified, may perform the duties appertaining to the	1104
office of clerk of the court.	1105

(2)(a) The probate judge shall provide for one or more	1106
probate court investigators to perform the duties that are	1107
established for a probate court investigator by the Revised Code	1108
or the probate judge. The probate judge may provide for an	1109
investigator in any of the following manners, as the court	1110
determines is appropriate:	1111

(i) By appointing a person as a full-time or part-time	1112
employee of the probate court to serve as investigator, or by	1113
designating a current full-time or part-time employee of the	1114
probate court to serve as investigator;	1115

(ii) By contracting with a person to serve and be compensated	1116
as investigator only when needed by the probate court, as	1117
determined by the court, and by designating that person as a	1118
probate court investigator during the times when the person is	1119
performing the duties of an investigator for the court;	1120

(iii) By entering into an agreement with another department	1121
or agency of the county, including, but not limited to, the	1122
sheriff's department or the county department of job and family	1123
services, pursuant to which an employee of the other department or	1124
agency will serve and perform the duties of investigator for the	1125
court, upon request of the probate judge, and designating that	1126
employee as a probate court investigator during the times when the	1127
person is performing the duties of an investigator for the court.	1128

(b) Each person appointed or otherwise designated as a	1129
probate court investigator shall take an oath of office before	1130
entering upon the duties of the person's appointment. When so	1131
qualified, an investigator may perform the duties that are	1132
established for a probate court investigator by the Revised Code	1133
or the probate judge.	1134

(c) Except as otherwise provided in this division, a probate	1135
court investigator shall hold at least a bachelor's degree in	1136
social work, psychology, education, special education, or a	1137
related human services field. A probate judge may waive the	1138
education requirement of this division for a person the judge	1139
appoints or otherwise designates as a probate court investigator	1140
if the judge determines that the person has experience in family	1141
services work that is equivalent to the required education.	1142

(d) Within one year after appointment or designation, a	1143
probate court investigator shall attend an orientation course of	1144
at least six hours, and each calendar year after the calendar year	1145
of appointment or designation, a probate court investigator shall	1146
satisfactorily complete at least six hours of continuing	1147
education.	1148

(e) For purposes of divisions (A)(4), (B), and (C) of this	1149
section, a person designated as a probate court investigator under	1150
division (A)(2)(a)(ii) or (iii) of this section shall be	1151
considered an appointee of the probate court at any time that the	1152
person is performing the duties established under the Revised Code	1153
or by the probate judge for a probate court investigator.	1154

(3)(a) The probate judge may provide for one or more persons	1155
to perform the duties of an assessor under sections 3107.031,	1156
3107.032, 3107.082, 3107.09, 3107.101, and 3107.12 of the Revised	1157
Code or may enter into agreements with public children services	1158
agencies, private child placing agencies, or private noncustodial	1159
agencies under which the agency provides for one or more persons	1160
to perform the duties of an assessor. A probate judge who provides	1161
for an assessor shall do so in either of the following manners, as	1162
the judge considers appropriate:	1163

(i) By appointing a person as a full-time or part-time	1164
employee of the probate court to serve as assessor, or by	1165
designating a current full-time or part-time employee of the	1166
probate court to serve as assessor;	1167

(ii) By contracting with a person to serve and be compensated	1168
as assessor only when needed by the probate court, as determined	1169
by the court, and by designating that person as an assessor during	1170
the times when the person is performing the duties of an assessor	1171
for the court.	1172

(b) Each person appointed or designated as a probate court	1173
assessor shall take an oath of office before entering on the	1174
duties of the person's appointment.	1175

(c) A probate court assessor must meet the qualifications for	1176
an assessor established by section 3107.014 of the Revised Code.	1177

(d) A probate court assessor shall perform additional duties,	1178
including duties of an investigator under division (A)(2) of this	1179
section, when the probate judge assigns additional duties to the	1180
assessor.	1181

(e) For purposes of divisions (A)(4), (B), and (C) of this	1182
section, a person designated as a probate court assessor shall be	1183
considered an appointee of the probate court at any time that the	1184
person is performing assessor duties.	1185

(4) Each appointee of the probate judge may administer oaths	1186
in all cases when necessary, in the discharge of official duties.	1187

(B)(1)(a) Subject to the appropriation made by the board of	1188
county commissioners pursuant to this division, each appointee of	1189
a probate judge under division (A) of this section shall receive	1190
such compensation and expenses as the judge determines and shall	1191
serve during the pleasure of the judge. The compensation of each	1192
appointee shall be paid in semimonthly installments by the county	1193
treasurer from the county treasury, upon the warrants of the	1194
county auditor, certified to by the judge.	1195

(b) Except as otherwise provided in the Revised Code, the	1196
total compensation paid to all appointees of the probate judge in	1197
any calendar year shall not exceed the total fees earned by the	1198
probate court during the preceding calendar year, unless the board	1199
of county commissioners approves otherwise.	1200

(2) The probate judge annually shall submit a written request	1201
for an appropriation to the board of county commissioners that	1202
shall set forth estimated administrative expenses of the court,	1203
including the salaries of appointees as determined by the judge	1204
and any other costs, fees, and expenses, including, but not	1205
limited to, those enumerated in section 5123.96 of the Revised	1206
Code, that the judge considers reasonably necessary for the	1207
operation of the court. The board shall conduct a public hearing	1208
with respect to the written request submitted by the judge and	1209
shall appropriate such sum of money each year as it determines,	1210
after conducting the public hearing and considering the written	1211
request of the judge, is reasonably necessary to meet all the	1212
administrative expenses of the court, including the salaries of	1213
appointees as determined by the judge and any other costs, fees,	1214
and expenses, including, but not limited to, the costs, fees, and	1215
expenses enumerated in section 5123.96 of the Revised Code.	1216

If the judge considers the appropriation made by the board	1217
pursuant to this division insufficient to meet all the	1218
administrative expenses of the court, the judge shall commence an	1219
action under Chapter 2731. of the Revised Code in the court of	1220
appeals for the judicial district for a determination of the duty	1221
of the board of county commissioners to appropriate the amount of	1222
money in dispute. The court of appeals shall give priority to the	1223
action filed by the probate judge over all cases pending on its	1224
docket. The burden shall be on the probate judge to prove that the	1225
appropriation requested is reasonably necessary to meet all	1226
administrative expenses of the court. If, prior to the filing of	1227
an action under Chapter 2731. of the Revised Code or during the	1228
pendency of the action, the judge exercises the judge's contempt	1229
power in order to obtain the sum of money in dispute, the judge	1230
shall not order the imprisonment of any member of the board of	1231
county commissioners notwithstanding sections 2705.02 to 2705.06	1232
of the Revised Code.	1233

(C) The probate judge may require any of the judge's	1234
appointees to give bond in the sum of not less than one thousand	1235
dollars, conditioned for the honest and faithful performance of	1236
the appointee's duties. The sureties on the bonds shall be	1237
approved in the manner provided in section 2101.03 of the Revised	1238
Code.	1239

The judge is personally liable for the default, malfeasance,	1240
or nonfeasance of any such appointee, but, if a bond is required	1241
of the appointee, the liability of the judge is limited to the	1242
amount by which the loss resulting from the default, malfeasance,	1243
or nonfeasance exceeds the amount of the bond.	1244

All bonds required to be given in the probate court, on being	1245
accepted and approved by the probate judge, shall be filed in the	1246
judge's office.	1247

Sec. 2151.011.  (A) As used in the Revised Code:

1248

(1) "Juvenile court" means whichever of the following is	1249
applicable that has jurisdiction under this chapter and Chapter	1250
2152. of the Revised Code:	1251

(a) The division of the court of common pleas specified in	1252
section 2101.022 or 2301.03 of the Revised Code as having	1253
jurisdiction under this chapter and Chapter 2152. of the Revised	1254
Code or as being the juvenile division or the juvenile division	1255
combined with one or more other divisions;	1256

(b) The juvenile court of Cuyahoga county or Hamilton county	1257
that is separately and independently created by section 2151.08 or	1258
Chapter 2153. of the Revised Code and that has jurisdiction under	1259
this chapter and Chapter 2152. of the Revised Code;	1260

(c) If division (A)(1)(a) or (b) of this section does not	1261
apply, the probate division of the court of common pleas.	1262

(2) "Juvenile judge" means a judge of a court having	1263
jurisdiction under this chapter.	1264

(3) "Private child placing agency" means any association, as	1265
defined in section 5103.02 of the Revised Code, that is certified	1266
under section 5103.03 of the Revised Code to accept temporary,	1267
permanent, or legal custody of children and place the children for	1268
either foster care or adoption.	1269

(4) "Private noncustodial agency" means any person,	1270
organization, association, or society certified by the department	1271
of job and family services that does not accept temporary or	1272
permanent legal custody of children, that is privately operated in	1273
this state, and that does one or more of the following:	1274

(a) Receives and cares for children for two or more	1275
consecutive weeks;	1276

(b) Participates in the placement of children in certified	1277
foster homes;	1278

(c) Provides adoption services in conjunction with a public	1279
children services agency or private child placing agency.	1280

(B) As used in this chapter:

1281

(1) "Adequate parental care" means the provision by a child's	1282
parent or parents, guardian, or custodian of adequate food,	1283
clothing, and shelter to ensure the child's health and physical	1284
safety and the provision by a child's parent or parents of	1285
specialized services warranted by the child's physical or mental	1286
needs.	1287

(2) "Adult" means an individual who is eighteen years of age	1288
or older.	1289

(3) "Agreement for temporary custody" means a voluntary	1290
agreement authorized by section 5103.15 of the Revised Code that	1291
transfers the temporary custody of a child to a public children	1292
services agency or a private child placing agency.	1293

(4) "Certified foster home" means a foster home, as defined	1294
in section 5103.02 of the Revised Code, certified under section	1295
5103.03 of the Revised Code.	1296

(5) "Child" means a person who is under eighteen years of	1297
age, except that the juvenile court has jurisdiction over any	1298
person who is adjudicated an unruly child prior to attaining	1299
eighteen years of age until the person attains twenty-one years of	1300
age, and, for purposes of that jurisdiction related to that	1301
adjudication, a person who is so adjudicated an unruly child shall	1302
be deemed a "child" until the person attains twenty-one years of	1303
age.	1304

(6) "Child day camp," "child care," "child day-care center,"	1305
"part-time child day-care center," "type A family day-care home,"	1306
"certified type B family day-care home," "type B home,"	1307
"administrator of a child day-care center," "administrator of a	1308
type A family day-care home," "in-home aide," and "authorized	1309
provider" have the same meanings as in section 5104.01 of the	1310
Revised Code.	1311

(7) "Child care provider" means an individual who is a	1312
child-care staff member or administrator of a child day-care	1313
center, a type A family day-care home, or a type B family day-care	1314
home, or an in-home aide or an individual who is licensed, is	1315
regulated, is approved, operates under the direction of, or	1316
otherwise is certified by the department of job and family	1317
services, department of mental retardation and developmental	1318
disabilities, or the early childhood programs of the department of	1319
education.	1320

(8) "Chronic truant" has the same meaning as in section	1321
2152.02 of the Revised Code.	1322

(9) "Commit" means to vest custody as ordered by the court.

1323

(10) "Counseling" includes both of the following:

1324

(a) General counseling services performed by a public	1325
children services agency or shelter for victims of domestic	1326
violence to assist a child, a child's parents, and a child's	1327
siblings in alleviating identified problems that may cause or have	1328
caused the child to be an abused, neglected, or dependent child.	1329

(b) Psychiatric or psychological therapeutic counseling	1330
services provided to correct or alleviate any mental or emotional	1331
illness or disorder and performed by a licensed psychiatrist,	1332
licensed psychologist, or a person licensed under Chapter 4757. of	1333
the Revised Code to engage in social work or professional	1334
counseling.	1335

(11) "Custodian" means a person who has legal custody of a	1336
child or a public children services agency or private child	1337
placing agency that has permanent, temporary, or legal custody of	1338
a child.	1339

(12) "Delinquent child" has the same meaning as in section	1340
2152.02 of the Revised Code.	1341

(13) "Detention" means the temporary care of children pending	1342
court adjudication or disposition, or execution of a court order,	1343
in a public or private facility designed to physically restrict	1344
the movement and activities of children.	1345

(14) "Developmental disability" has the same meaning as in	1346
section 5123.01 of the Revised Code.	1347

(15) "Foster caregiver" has the same meaning as in section	1348
5103.02 of the Revised Code.	1349

(16) "Guardian" means a person, association, or corporation	1350
that is granted authority by a probate court pursuant to Chapter	1351
2111. of the Revised Code to exercise parental rights over a child	1352
to the extent provided in the court's order and subject to the	1353
residual parental rights of the child's parents.	1354

(17) "Habitual truant" means any child of compulsory school	1355
age who is absent without legitimate excuse for absence from the	1356
public school the child is supposed to attend for five or more	1357
consecutive school days, seven or more school days in one school	1358
month, or twelve or more school days in a school year.	1359

(18) "Juvenile traffic offender" has the same meaning as in	1360
section 2152.02 of the Revised Code.	1361

(19) "Legal custody" means a legal status that vests in the	1362
custodian the right to have physical care and control of the child	1363
and to determine where and with whom the child shall live, and the	1364
right and duty to protect, train, and discipline the child and to	1365
provide the child with food, shelter, education, and medical care,	1366
all subject to any residual parental rights, privileges, and	1367
responsibilities. An individual granted legal custody shall	1368
exercise the rights and responsibilities personally unless	1369
otherwise authorized by any section of the Revised Code or by the	1370
court.	1371

(20) A "legitimate excuse for absence from the public school	1372
the child is supposed to attend" includes, but is not limited to,	1373
any of the following:	1374

(a) The fact that the child in question has enrolled in and	1375
is attending another public or nonpublic school in this or another	1376
state;	1377

(b) The fact that the child in question is excused from	1378
attendance at school for any of the reasons specified in section	1379
3321.04 of the Revised Code;	1380

(c) The fact that the child in question has received an age	1381
and schooling certificate in accordance with section 3331.01 of	1382
the Revised Code.	1383

(21) "Mental illness" and "mentally ill person subject to	1384
hospitalization by court order" have the same meanings as in	1385
section 5122.01 of the Revised Code.	1386

(22) "Mental injury" means any behavioral, cognitive,	1387
emotional, or mental disorder in a child caused by an act or	1388
omission that is described in section 2919.22 of the Revised Code	1389
and is committed by the parent or other person responsible for the	1390
child's care.	1391

(23) "Mentally retarded person" has the same meaning as in	1392
section 5123.01 of the Revised Code.	1393

(24) "Nonsecure care, supervision, or training" means care,	1394
supervision, or training of a child in a facility that does not	1395
confine or prevent movement of the child within the facility or	1396
from the facility.	1397

(25) "Of compulsory school age" has the same meaning as in	1398
section 3321.01 of the Revised Code.	1399

(26) "Organization" means any institution, public,	1400
semipublic, or private, and any private association, society, or	1401
agency located or operating in the state, incorporated or	1402
unincorporated, having among its functions the furnishing of	1403
protective services or care for children, or the placement of	1404
children in certified foster homes or elsewhere.	1405

(27) "Out-of-home care" means detention facilities, shelter	1406
facilities, certified children's crisis care facilities, certified	1407
foster homes, placement in a prospective adoptive home prior to	1408
the issuance of a final decree of adoption, organizations,	1409
certified organizations, child day-care centers, type A family	1410
day-care homes, child care provided by type B family day-care home	1411
providers and by in-home aides, group home providers, group homes,	1412
institutions, state institutions, residential facilities,	1413
residential care facilities, residential camps, day camps, public	1414
schools, chartered nonpublic schools, educational service centers,	1415
hospitals, and medical clinics that are responsible for the care,	1416
physical custody, or control of children.	1417

(28) "Out-of-home care child abuse" means any of the	1418
following when committed by a person responsible for the care of a	1419
child in out-of-home care:	1420

(a) Engaging in sexual activity with a child in the person's	1421
care;	1422

(b) Denial to a child, as a means of punishment, of proper or	1423
necessary subsistence, education, medical care, or other care	1424
necessary for a child's health;	1425

(c) Use of restraint procedures on a child that cause injury	1426
or pain;	1427

(d) Administration of prescription drugs or psychotropic	1428
medication to the child without the written approval and ongoing	1429
supervision of a licensed physician;	1430

(e) Commission of any act, other than by accidental means,	1431
that results in any injury to or death of the child in out-of-home	1432
care or commission of any act by accidental means that results in	1433
an injury to or death of a child in out-of-home care and that is	1434
at variance with the history given of the injury or death.	1435

(29) "Out-of-home care child neglect" means any of the	1436
following when committed by a person responsible for the care of a	1437
child in out-of-home care:	1438

(a) Failure to provide reasonable supervision according to	1439
the standards of care appropriate to the age, mental and physical	1440
condition, or other special needs of the child;	1441

(b) Failure to provide reasonable supervision according to	1442
the standards of care appropriate to the age, mental and physical	1443
condition, or other special needs of the child, that results in	1444
sexual or physical abuse of the child by any person;	1445

(c) Failure to develop a process for all of the following:

1446

(i) Administration of prescription drugs or psychotropic	1447
drugs for the child;	1448

(ii) Assuring that the instructions of the licensed physician	1449
who prescribed a drug for the child are followed;	1450

(iii) Reporting to the licensed physician who prescribed the	1451
drug all unfavorable or dangerous side effects from the use of the	1452
drug.	1453

(d) Failure to provide proper or necessary subsistence,	1454
education, medical care, or other individualized care necessary	1455
for the health or well-being of the child;	1456

(e) Confinement of the child to a locked room without	1457
monitoring by staff;	1458

(f) Failure to provide ongoing security for all prescription	1459
and nonprescription medication;	1460

(g) Isolation of a child for a period of time when there is	1461
substantial risk that the isolation, if continued, will impair or	1462
retard the mental health or physical well-being of the child.	1463

(30) "Permanent custody" means a legal status that vests in a	1464
public children services agency or a private child placing agency,	1465
all parental rights, duties, and obligations, including the right	1466
to consent to adoption, and divests the natural parents or	1467
adoptive parents of all parental rights, privileges, and	1468
obligations, including all residual rights and obligations.	1469

(31) "Permanent surrender" means the act of the parents or,	1470
if a child has only one parent, of the parent of a child, by a	1471
voluntary agreement authorized by section 5103.15 of the Revised	1472
Code, to transfer the permanent custody of the child to a public	1473
children services agency or a private child placing agency.	1474

(32) "Person" means an individual, association, corporation,	1475
or partnership and the state or any of its political subdivisions,	1476
departments, or agencies.	1477

(33) "Person responsible for a child's care in out-of-home	1478
care" means any of the following:	1479

(a) Any foster caregiver, in-home aide, or provider;

1480

(b) Any administrator, employee, or agent of any of the	1481
following: a public or private detention facility; shelter	1482
facility; certified children's crisis care facility; organization;	1483
certified organization; child day-care center; type A family	1484
day-care home; certified type B family day-care home; group home;	1485
institution; state institution; residential facility; residential	1486
care facility; residential camp; day camp; school district;	1487
community school; chartered nonpublic school; educational service	1488
center; hospital; or medical clinic;	1489

(c) Any person who supervises or coaches children as part of	1490
an extracurricular activity sponsored by a school district, public	1491
school, or chartered nonpublic school;	1492

(d) Any other person who performs a similar function with	1493
respect to, or has a similar relationship to, children.	1494

(33)(34) "Physically impaired" means having one or more of	1495
the following conditions that substantially limit one or more of	1496
an individual's major life activities, including self-care,	1497
receptive and expressive language, learning, mobility, and	1498
self-direction:	1499

(a) A substantial impairment of vision, speech, or hearing;

1500

(b) A congenital orthopedic impairment;

1501

(c) An orthopedic impairment caused by disease, rheumatic	1502
fever or any other similar chronic or acute health problem, or	1503
amputation or another similar cause.	1504

(34)(35) "Placement for adoption" means the arrangement by a	1505
public children services agency or a private child placing agency	1506
with a person for the care and adoption by that person of a child	1507
of whom the agency has permanent custody.	1508

(35)(36) "Placement in foster care" means the arrangement by	1509
a public children services agency or a private child placing	1510
agency for the out-of-home care of a child of whom the agency has	1511
temporary custody or permanent custody.	1512

(36)(37) "Planned permanent living arrangement" means an	1513
order of a juvenile court pursuant to which both of the following	1514
apply:	1515

(a) The court gives legal custody of a child to a public	1516
children services agency or a private child placing agency without	1517
the termination of parental rights.	1518

(b) The order permits the agency to make an appropriate	1519
placement of the child and to enter into a written agreement with	1520
a foster care provider or with another person or agency with whom	1521
the child is placed.	1522

(37)(38) "Practice of social work" and "practice of	1523
professional counseling" have the same meanings as in section	1524
4757.01 of the Revised Code.	1525

(38)(39) "Sanction, service, or condition" means a sanction,	1526
service, or condition created by court order following an	1527
adjudication that a child is an unruly child that is described in	1528
division (A)(4) of section 2152.19 of the Revised Code.	1529

(39)(40) "Protective supervision" means an order of	1530
disposition pursuant to which the court permits an abused,	1531
neglected, dependent, or unruly child to remain in the custody of	1532
the child's parents, guardian, or custodian and stay in the	1533
child's home, subject to any conditions and limitations upon the	1534
child, the child's parents, guardian, or custodian, or any other	1535
person that the court prescribes, including supervision as	1536
directed by the court for the protection of the child.	1537

(40)(41) "Psychiatrist" has the same meaning as in section	1538
5122.01 of the Revised Code.	1539

(41)(42) "Psychologist" has the same meaning as in section	1540
4732.01 of the Revised Code.	1541

(42)(43) "Residential camp" means a program in which the	1542
care, physical custody, or control of children is accepted	1543
overnight for recreational or recreational and educational	1544
purposes.	1545

(43)(44) "Residential care facility" means an institution,	1546
residence, or facility that is licensed by the department of	1547
mental health under section 5119.22 of the Revised Code and that	1548
provides care for a child.	1549

(44)(45) "Residential facility" means a home or facility that	1550
is licensed by the department of mental retardation and	1551
developmental disabilities under section 5123.19 of the Revised	1552
Code and in which a child with a developmental disability resides.	1553

(45)(46) "Residual parental rights, privileges, and	1554
responsibilities" means those rights, privileges, and	1555
responsibilities remaining with the natural parent after the	1556
transfer of legal custody of the child, including, but not	1557
necessarily limited to, the privilege of reasonable visitation,	1558
consent to adoption, the privilege to determine the child's	1559
religious affiliation, and the responsibility for support.	1560

(46)(47) "School day" means the school day established by the	1561
state board of education pursuant to section 3313.48 of the	1562
Revised Code.	1563

(47)(48) "School month" and "school year" have the same	1564
meanings as in section 3313.62 of the Revised Code.	1565

(48)(49) "Secure correctional facility" means a facility	1566
under the direction of the department of youth services that is	1567
designed to physically restrict the movement and activities of	1568
children and used for the placement of children after adjudication	1569
and disposition.	1570

(49)(50) "Sexual activity" has the same meaning as in section	1571
2907.01 of the Revised Code.	1572

(50)(51) "Shelter" means the temporary care of children in	1573
physically unrestricted facilities pending court adjudication or	1574
disposition.	1575

(51)(52) "Shelter for victims of domestic violence" has the	1576
same meaning as in section 3113.33 of the Revised Code.	1577

(52)(53) "Temporary custody" means legal custody of a child	1578
who is removed from the child's home, which custody may be	1579
terminated at any time at the discretion of the court or, if the	1580
legal custody is granted in an agreement for temporary custody, by	1581
the person who executed the agreement.	1582

(C) For the purposes of this chapter, a child shall be	1583
presumed abandoned when the parents of the child have failed to	1584
visit or maintain contact with the child for more than ninety	1585
days, regardless of whether the parents resume contact with the	1586
child after that period of ninety days.	1587

Sec. 2151.23.  (A) The juvenile court has exclusive original	1588
jurisdiction under the Revised Code as follows:	1589

(1) Concerning any child who on or about the date specified	1590
in the complaint, indictment, or information is alleged to have	1591
violated section 2151.87 of the Revised Code or an order issued	1592
under that section or to be a juvenile traffic offender or a	1593
delinquent, unruly, abused, neglected, or dependent child and,	1594
based on and in relation to the allegation pertaining to the	1595
child, concerning the parent, guardian, or other person having	1596
care of a child who is alleged to be an unruly or delinquent child	1597
for being an habitual or chronic truant;	1598

(2) Subject to divisions (G) and (V) of section 2301.03 of	1599
the Revised Code, to determine the custody of any child not a ward	1600
of another court of this state;	1601

(3) To hear and determine any application for a writ of	1602
habeas corpus involving the custody of a child;	1603

(4) To exercise the powers and jurisdiction given the probate	1604
division of the court of common pleas in Chapter 5122. of the	1605
Revised Code, if the court has probable cause to believe that a	1606
child otherwise within the jurisdiction of the court is a mentally	1607
ill person subject to hospitalization by court order, as defined	1608
in section 5122.01 of the Revised Code;	1609

(5) To hear and determine all criminal cases charging adults	1610
with the violation of any section of this chapter;	1611

(6) To hear and determine all criminal cases in which an	1612
adult is charged with a violation of division (C) of section	1613
2919.21, division (B)(1) of section 2919.22, section 2919.222,	1614
division (B) of section 2919.23, or section 2919.24 of the Revised	1615
Code, provided the charge is not included in an indictment that	1616
also charges the alleged adult offender with the commission of a	1617
felony arising out of the same actions that are the basis of the	1618
alleged violation of division (C) of section 2919.21, division	1619
(B)(1) of section 2919.22, section 2919.222, division (B) of	1620
section 2919.23, or section 2919.24 of the Revised Code;	1621

(7) Under the interstate compact on juveniles in section	1622
2151.56 of the Revised Code;	1623

(8) Concerning any child who is to be taken into custody	1624
pursuant to section 2151.31 of the Revised Code, upon being	1625
notified of the intent to take the child into custody and the	1626
reasons for taking the child into custody;	1627

(9) To hear and determine requests for the extension of	1628
temporary custody agreements, and requests for court approval of	1629
permanent custody agreements, that are filed pursuant to section	1630
5103.15 of the Revised Code;	1631

(10) To hear and determine applications for consent to marry	1632
pursuant to section 3101.04 of the Revised Code;	1633

(11) Subject to divisions (G) and (V) of section 2301.03 of	1634
the Revised Code, to hear and determine a request for an order for	1635
the support of any child if the request is not ancillary to an	1636
action for divorce, dissolution of marriage, annulment, or legal	1637
separation, a criminal or civil action involving an allegation of	1638
domestic violence, or an action for support brought under Chapter	1639
3115. of the Revised Code;	1640

(12) Concerning an action commenced under section 121.38 of	1641
the Revised Code;	1642

(13) To hear and determine violations of section 3321.38 of	1643
the Revised Code;	1644

(14) To exercise jurisdiction and authority over the parent,	1645
guardian, or other person having care of a child alleged to be a	1646
delinquent child, unruly child, or juvenile traffic offender,	1647
based on and in relation to the allegation pertaining to the	1648
child;	1649

(15) To conduct the hearings, and to make the determinations,	1650
adjudications, and orders authorized or required under sections	1651
2152.82 to 2152.85 and Chapter 2950. of the Revised Code regarding	1652
a child who has been adjudicated a delinquent child and to refer	1653
the duties conferred upon the juvenile court judge under sections	1654
2152.82 to 2152.85 and Chapter 2950. of the Revised Code to	1655
magistrates appointed by the juvenile court judge in accordance	1656
with Juvenile Rule 40.	1657

(B) Except as provided in divisions (G) and (I) of section	1658
2301.03 of the Revised Code, the juvenile court has original	1659
jurisdiction under the Revised Code:	1660

(1) To hear and determine all cases of misdemeanors charging	1661
adults with any act or omission with respect to any child, which	1662
act or omission is a violation of any state law or any municipal	1663
ordinance;	1664

(2) To determine the paternity of any child alleged to have	1665
been born out of wedlock pursuant to sections 3111.01 to 3111.18	1666
of the Revised Code;	1667

(3) Under the uniform interstate family support act in	1668
Chapter 3115. of the Revised Code;	1669

(4) To hear and determine an application for an order for the	1670
support of any child, if the child is not a ward of another court	1671
of this state;	1672

(5) To hear and determine an action commenced under section	1673
3111.28 of the Revised Code;	1674

(6) To hear and determine a motion filed under section	1675
3119.961 of the Revised Code;	1676

(7) To receive filings under section 3109.74 of the Revised	1677
Code, and to hear and determine actions arising under sections	1678
3109.51 to 3109.80 of the Revised Code.	1679

(8) To enforce an order for the return of a child made under	1680
the Hague Convention on the Civil Aspects of International Child	1681
Abduction pursuant to section 3127.32 of the Revised Code;	1682

(9) To grant any relief normally available under the laws of	1683
this state to enforce a child custody determination made by a	1684
court of another state and registered in accordance with section	1685
3127.35 of the Revised Code.	1686

(C) The juvenile court, except as to juvenile courts that are	1687
a separate division of the court of common pleas or a separate and	1688
independent juvenile court, has jurisdiction to hear, determine,	1689
and make a record of any action for divorce or legal separation	1690
that involves the custody or care of children and that is filed in	1691
the court of common pleas and certified by the court of common	1692
pleas with all the papers filed in the action to the juvenile	1693
court for trial, provided that no certification of that nature	1694
shall be made to any juvenile court unless the consent of the	1695
juvenile judge first is obtained. After a certification of that	1696
nature is made and consent is obtained, the juvenile court shall	1697
proceed as if the action originally had been begun in that court,	1698
except as to awards for spousal support or support due and unpaid	1699
at the time of certification, over which the juvenile court has no	1700
jurisdiction.	1701

(D) The juvenile court, except as provided in divisions (G)	1702
and (I) of section 2301.03 of the Revised Code, has jurisdiction	1703
to hear and determine all matters as to custody and support of	1704
children duly certified by the court of common pleas to the	1705
juvenile court after a divorce decree has been granted, including	1706
jurisdiction to modify the judgment and decree of the court of	1707
common pleas as the same relate to the custody and support of	1708
children.	1709

(E) The juvenile court, except as provided in divisions (G)	1710
and (I) of section 2301.03 of the Revised Code, has jurisdiction	1711
to hear and determine the case of any child certified to the court	1712
by any court of competent jurisdiction if the child comes within	1713
the jurisdiction of the juvenile court as defined by this section.	1714

(F)(1) The juvenile court shall exercise its jurisdiction in	1715
child custody matters in accordance with sections 3109.04, 3127.01	1716
to 3127.53, and 5103.20 to 5103.285103.22 of the Revised Code.	1717

(2) The juvenile court shall exercise its jurisdiction in	1718
child support matters in accordance with section 3109.05 of the	1719
Revised Code.	1720

(G) Any juvenile court that makes or modifies an order for	1721
child support shall comply with Chapters 3119., 3121., 3123., and	1722
3125. of the Revised Code. If any person required to pay child	1723
support under an order made by a juvenile court on or after April	1724
15, 1985, or modified on or after December 1, 1986, is found in	1725
contempt of court for failure to make support payments under the	1726
order, the court that makes the finding, in addition to any other	1727
penalty or remedy imposed, shall assess all court costs arising	1728
out of the contempt proceeding against the person and require the	1729
person to pay any reasonable attorney's fees of any adverse party,	1730
as determined by the court, that arose in relation to the act of	1731
contempt.	1732

(H) If a child who is charged with an act that would be an	1733
offense if committed by an adult was fourteen years of age or	1734
older and under eighteen years of age at the time of the alleged	1735
act and if the case is transferred for criminal prosecution	1736
pursuant to section 2152.12 of the Revised Code, the juvenile	1737
court does not have jurisdiction to hear or determine the case	1738
subsequent to the transfer. The court to which the case is	1739
transferred for criminal prosecution pursuant to that section has	1740
jurisdiction subsequent to the transfer to hear and determine the	1741
case in the same manner as if the case originally had been	1742
commenced in that court, including, but not limited to,	1743
jurisdiction to accept a plea of guilty or another plea authorized	1744
by Criminal Rule 11 or another section of the Revised Code and	1745
jurisdiction to accept a verdict and to enter a judgment of	1746
conviction pursuant to the Rules of Criminal Procedure against the	1747
child for the commission of the offense that was the basis of the	1748
transfer of the case for criminal prosecution, whether the	1749
conviction is for the same degree or a lesser degree of the	1750
offense charged, for the commission of a lesser-included offense,	1751
or for the commission of another offense that is different from	1752
the offense charged.	1753

(I) If a person under eighteen years of age allegedly commits	1754
an act that would be a felony if committed by an adult and if the	1755
person is not taken into custody or apprehended for that act until	1756
after the person attains twenty-one years of age, the juvenile	1757
court does not have jurisdiction to hear or determine any portion	1758
of the case charging the person with committing that act. In those	1759
circumstances, divisions (A) and (B) of section 2152.12 of the	1760
Revised Code do not apply regarding the act, and the case charging	1761
the person with committing the act shall be a criminal prosecution	1762
commenced and heard in the appropriate court having jurisdiction	1763
of the offense as if the person had been eighteen years of age or	1764
older when the person committed the act. All proceedings	1765
pertaining to the act shall be within the jurisdiction of the	1766
court having jurisdiction of the offense, and that court has all	1767
the authority and duties in the case that it has in other criminal	1768
cases in that court.	1769

Sec. 2151.281.  (A) The court shall appoint a guardian ad	1770
litem, subject to rules adopted by the supreme court, to protect	1771
the interest of a child in any proceeding concerning an alleged or	1772
adjudicated delinquent child or unruly child when either of the	1773
following applies:	1774

(1) The child has no parent, guardian, or legal custodian.

1775

(2) The court finds that there is a conflict of interest	1776
between the child and the child's parent, guardian, or legal	1777
custodian.	1778

(B)(1) The court shall appoint a guardian ad litem, subject	1779
to rules adopted by the supreme court, to protect the interest of	1780
a child in any proceeding concerning an alleged abused or	1781
neglected child and in any proceeding held pursuant to section	1782
2151.414 of the Revised Code. The guardian ad litem so appointed	1783
shall not be the attorney responsible for presenting the evidence	1784
alleging that the child is an abused or neglected child and shall	1785
not be an employee of any party in the proceeding.	1786

(2) The guardian ad litem appointed for an alleged or	1787
adjudicated abused or neglected child may bring a civil action	1788
against any person, who is required by division (A)(1) of section	1789
2151.421 of the Revised Code to file a report of known or	1790
suspected child abuse or child neglect, if that person knows or	1791
suspects that the child for whom the guardian ad litem is	1792
appointed is the subject of child abuse or child neglect and does	1793
not file the required report and if the child suffers any injury	1794
or harm as a result of the known or suspected child abuse or child	1795
neglect or suffers additional injury or harm after the failure to	1796
file the report.	1797

(C) In any proceeding concerning an alleged or adjudicated	1798
delinquent, unruly, abused, neglected, or dependent child in which	1799
the parent appears to be mentally incompetent or is under eighteen	1800
years of age, the court shall appoint a guardian ad litem to	1801
protect the interest of that parent.	1802

(D) The court shall require the guardian ad litem to	1803
faithfully discharge the guardian ad litem's duties and, upon the	1804
guardian ad litem's failure to faithfully discharge the guardian	1805
ad litem's duties, shall discharge the guardian ad litem and	1806
appoint another guardian ad litem. The court may fix the	1807
compensation for the service of the guardian ad litem, which	1808
compensation shall be paid from the treasury of the county,	1809
subject to rules adopted by the supreme court.	1810

(E) A parent who is eighteen years of age or older and not	1811
mentally incompetent shall be deemed sui juris for the purpose of	1812
any proceeding relative to a child of the parent who is alleged or	1813
adjudicated to be an abused, neglected, or dependent child.	1814

(F) In any case in which a parent of a child alleged or	1815
adjudicated to be an abused, neglected, or dependent child is	1816
under eighteen years of age, the parents of that parent shall be	1817
summoned to appear at any hearing respecting the child, who is	1818
alleged or adjudicated to be an abused, neglected, or dependent	1819
child.	1820

(G) In any case involving an alleged or adjudicated abused or	1821
neglected child or an agreement for the voluntary surrender of	1822
temporary or permanent custody of a child that is made in	1823
accordance with section 5103.15 of the Revised Code, the court	1824
shall appoint the guardian ad litem in each case as soon as	1825
possible after the complaint is filed, the request for an	1826
extension of the temporary custody agreement is filed with the	1827
court, or the request for court approval of the permanent custody	1828
agreement is filed. In any case involving an alleged dependent	1829
child in which the parent of the child appears to be mentally	1830
incompetent or is under eighteen years of age, there is a conflict	1831
of interest between the child and the child's parents, guardian,	1832
or custodian, or the court believes that the parent of the child	1833
is not capable of representing the best interest of the child, the	1834
court shall appoint a guardian ad litem for the child. The	1835
guardian ad litem or the guardian ad litem's replacement shall	1836
continue to serve until any of the following occur:	1837

(1) The complaint is dismissed or the request for an	1838
extension of a temporary custody agreement or for court approval	1839
of the permanent custody agreement is withdrawn or denied;	1840

(2) All dispositional orders relative to the child have	1841
terminated;	1842

(3) The legal custody of the child is granted to a relative	1843
of the child, or to another person;	1844

(4) The child is placed in an adoptive home or, at the	1845
court's discretion, a final decree of adoption is issued with	1846
respect to the child;	1847

(5) The child reaches the age of eighteen if the child is not	1848
mentally retarded, developmentally disabled, or physically	1849
impaired or the child reaches the age of twenty-one if the child	1850
is mentally retarded, developmentally disabled, or physically	1851
impaired;	1852

(6) The guardian ad litem resigns or is removed by the court	1853
and a replacement is appointed by the court.	1854

If a guardian ad litem ceases to serve a child pursuant to	1855
division (G)(4) of this section and the petition for adoption with	1856
respect to the child is denied or withdrawn prior to the issuance	1857
of a final decree of adoption or prior to the date an	1858
interlocutory order of adoption becomes final, the juvenile court	1859
shall reappoint a guardian ad litem for that child. The public	1860
children services agency or private child placing agency with	1861
permanent custody of the child shall notify the juvenile court if	1862
the petition for adoption is denied or withdrawn.	1863

(H) If the guardian ad litem for an alleged or adjudicated	1864
abused, neglected, or dependent child is an attorney admitted to	1865
the practice of law in this state, the guardian ad litem also may	1866
serve as counsel to the ward. IfUntil the supreme court adopts	1867
rules regarding service as a guardian ad litem that regulate	1868
conflicts between a person's role as guardian ad litem and as	1869
counsel, if a person is serving as guardian ad litem and counsel	1870
for a child and either that person or the court finds that a	1871
conflict may exist between the person's roles as guardian ad litem	1872
and as counsel, the court shall relieve the person of duties as	1873
guardian ad litem and appoint someone else as guardian ad litem	1874
for the child. If the court appoints a person who is not an	1875
attorney admitted to the practice of law in this state to be a	1876
guardian ad litem, the court also may appoint an attorney admitted	1877
to the practice of law in this state to serve as counsel for the	1878
guardian ad litem.	1879

(I) The guardian ad litem for an alleged or adjudicated	1880
abused, neglected, or dependent child shall perform whatever	1881
functions are necessary to protect the best interest of the child,	1882
including, but not limited to, investigation, mediation,	1883
monitoring court proceedings, and monitoring the services provided	1884
the child by the public children services agency or private child	1885
placing agency that has temporary or permanent custody of the	1886
child, and shall file any motions and other court papers that are	1887
in the best interest of the child.	1888

The guardian ad litem shall be given notice of all hearings,	1889
administrative reviews, and other proceedings in the same manner	1890
as notice is given to parties to the action.	1891

(J)(1) When the court appoints a guardian ad litem pursuant	1892
to this section, it shall appoint a qualified volunteer or court	1893
appointed special advocate whenever one is available and the	1894
appointment is appropriate.	1895

(2) Upon request, the department of job and family services	1896
shall provide for the training of volunteer guardians ad litem.	1897

Sec. 2151.353.  (A) If a child is adjudicated an abused,	1898
neglected, or dependent child, the court may make any of the	1899
following orders of disposition:	1900

(1) Place the child in protective supervision;

1901

(2) Commit the child to the temporary custody of a public	1902
children services agency, a private child placing agency, either	1903
parent, a relative residing within or outside the state, or a	1904
probation officer for placement in a certified foster home, or in	1905
any other home approved by the court;	1906

(3) Award legal custody of the child to either parent or to	1907
any other person who, prior to the dispositional hearing, files a	1908
motion requesting legal custody of the child;or is identified as	1909
a proposed legal custodian in a complaint or motion filed prior to	1910
the dispositional hearing by any party to the proceedings. A	1911
person identified in a complaint or motion filed by a party to the	1912
proceedings as a proposed legal custodian shall be awarded legal	1913
custody of the child only if the person identified signs a	1914
statement of understanding for legal custody that contains at	1915
least the following provisions:	1916

(a) That it is the intent of the person to become the legal	1917
custodian of the child and the person is able to assume legal	1918
responsibility for the care and supervision of the child;	1919

(b) That the person understands that legal custody of the	1920
child in question is intended to be permanent in nature and that	1921
the person will be responsible as the custodian for the child	1922
until the child reaches the age of majority. Responsibility as	1923
custodian for the child shall continue beyond the age of majority	1924
if, at the time the child reaches the age of majority, the child	1925
is pursuing a diploma granted by the board of education or other	1926
governing authority, successful completion of the curriculum of	1927
any high school, successful completion of an individualized	1928
education program developed for the student by any high school, or	1929
an age and schooling certificate. Responsibility beyond the age of	1930
majority shall terminate when the child ceases to continuously	1931
pursue such an education, completes such an education, or is	1932
excused from such an education under standards adopted by the	1933
state board of education, whichever occurs first.	1934

(c) That the parents of the child have residual parental	1935
rights, privileges, and responsibilities, including, but not	1936
limited to, the privilege of reasonable visitation, consent to	1937
adoption, the privilege to determine the child's religious	1938
affiliation, and the responsibility for support;	1939

(d) That the person understands that the person must be	1940
present in court for the dispositional hearing in order to affirm	1941
the person's intention to become legal custodian, to affirm that	1942
the person understands the effect of the custodianship before the	1943
court, and to answer any questions that the court or any parties	1944
to the case may have.	1945

(4) Commit the child to the permanent custody of a public	1946
children services agency or private child placing agency, if the	1947
court determines in accordance with division (E) of section	1948
2151.414 of the Revised Code that the child cannot be placed with	1949
one of the child's parents within a reasonable time or should not	1950
be placed with either parent and determines in accordance with	1951
division (D) of section 2151.414 of the Revised Code that the	1952
permanent commitment is in the best interest of the child. If the	1953
court grants permanent custody under this division, the court,	1954
upon the request of any party, shall file a written opinion	1955
setting forth its findings of fact and conclusions of law in	1956
relation to the proceeding.	1957

(5) Place the child in a planned permanent living arrangement	1958
with a public children services agency or private child placing	1959
agency, if a public children services agency or private child	1960
placing agency requests the court to place the child in a planned	1961
permanent living arrangement and if the court finds, by clear and	1962
convincing evidence, that a planned permanent living arrangement	1963
is in the best interest of the child and that one of the following	1964
exists:	1965

(a) The child, because of physical, mental, or psychological	1966
problems or needs, is unable to function in a family-like setting	1967
and must remain in residential or institutional care.	1968

(b) The parents of the child have significant physical,	1969
mental, or psychological problems and are unable to care for the	1970
child because of those problems, adoption is not in the best	1971
interest of the child, as determined in accordance with division	1972
(D) of section 2151.414 of the Revised Code, and the child retains	1973
a significant and positive relationship with a parent or relative.	1974

(c) The child is sixteen years of age or older, has been	1975
counseled on the permanent placement options available to the	1976
child, is unwilling to accept or unable to adapt to a permanent	1977
placement, and is in an agency program preparing the child for	1978
independent living.	1979

(6) Order the removal from the child's home until further	1980
order of the court of the person who committed abuse as described	1981
in section 2151.031 of the Revised Code against the child, who	1982
caused or allowed the child to suffer neglect as described in	1983
section 2151.03 of the Revised Code, or who is the parent,	1984
guardian, or custodian of a child who is adjudicated a dependent	1985
child and order any person not to have contact with the child or	1986
the child's siblings.	1987

(B) No order for permanent custody or temporary custody of a	1988
child or the placement of a child in a planned permanent living	1989
arrangement shall be made pursuant to this section unless the	1990
complaint alleging the abuse, neglect, or dependency contains a	1991
prayer requesting permanent custody, temporary custody, or the	1992
placement of the child in a planned permanent living arrangement	1993
as desired, the summons served on the parents of the child	1994
contains as is appropriate a full explanation that the granting of	1995
an order for permanent custody permanently divests them of their	1996
parental rights, a full explanation that an adjudication that the	1997
child is an abused, neglected, or dependent child may result in an	1998
order of temporary custody that will cause the removal of the	1999
child from their legal custody until the court terminates the	2000
order of temporary custody or permanently divests the parents of	2001
their parental rights, or a full explanation that the granting of	2002
an order for a planned permanent living arrangement will result in	2003
the removal of the child from their legal custody if any of the	2004
conditions listed in divisions (A)(5)(a) to (c) of this section	2005
are found to exist, and the summons served on the parents contains	2006
a full explanation of their right to be represented by counsel and	2007
to have counsel appointed pursuant to Chapter 120. of the Revised	2008
Code if they are indigent.	2009

If after making disposition as authorized by division (A)(2)	2010
of this section, a motion is filed that requests permanent custody	2011
of the child, the court may grant permanent custody of the child	2012
to the movant in accordance with section 2151.414 of the Revised	2013
Code.	2014

(C) If the court issues an order for protective supervision	2015
pursuant to division (A)(1) of this section, the court may place	2016
any reasonable restrictions upon the child, the child's parents,	2017
guardian, or custodian, or any other person, including, but not	2018
limited to, any of the following:	2019

(1) Order a party, within forty-eight hours after the	2020
issuance of the order, to vacate the child's home indefinitely or	2021
for a specified period of time;	2022

(2) Order a party, a parent of the child, or a physical	2023
custodian of the child to prevent any particular person from	2024
having contact with the child;	2025

(3) Issue an order restraining or otherwise controlling the	2026
conduct of any person which conduct would not be in the best	2027
interest of the child.	2028

(D) As part of its dispositional order, the court shall	2029
journalize a case plan for the child. The journalized case plan	2030
shall not be changed except as provided in section 2151.412 of the	2031
Revised Code.	2032

(E)(1) The court shall retain jurisdiction over any child for	2033
whom the court issues an order of disposition pursuant to division	2034
(A) of this section or pursuant to section 2151.414 or 2151.415 of	2035
the Revised Code until the child attains the age of eighteen years	2036
if the child is not mentally retarded, developmentally disabled,	2037
or physically impaired, the child attains the age of twenty-one	2038
years if the child is mentally retarded, developmentally disabled,	2039
or physically impaired, or the child is adopted and a final decree	2040
of adoption is issued, except that the court may retain	2041
jurisdiction over the child and continue any order of disposition	2042
under division (A) of this section or under section 2151.414 or	2043
2151.415 of the Revised Code for a specified period of time to	2044
enable the child to graduate from high school or vocational	2045
school. The court shall make an entry continuing its jurisdiction	2046
under this division in the journal.	2047

(2) Any public children services agency, any private child	2048
placing agency, the department of job and family services, or any	2049
party, other than any parent whose parental rights with respect to	2050
the child have been terminated pursuant to an order issued under	2051
division (A)(4) of this section, by filing a motion with the	2052
court, may at any time request the court to modify or terminate	2053
any order of disposition issued pursuant to division (A) of this	2054
section or section 2151.414 or 2151.415 of the Revised Code. The	2055
court shall hold a hearing upon the motion as if the hearing were	2056
the original dispositional hearing and shall give all parties to	2057
the action and the guardian ad litem notice of the hearing	2058
pursuant to the Juvenile Rules. If applicable, the court shall	2059
comply with section 2151.42 of the Revised Code.	2060

(F) Any temporary custody order issued pursuant to division	2061
(A) of this section shall terminate one year after the earlier of	2062
the date on which the complaint in the case was filed or the child	2063
was first placed into shelter care, except that, upon the filing	2064
of a motion pursuant to section 2151.415 of the Revised Code, the	2065
temporary custody order shall continue and not terminate until the	2066
court issues a dispositional order under that section.	2067

(G)(1) No later than one year after the earlier of the date	2068
the complaint in the case was filed or the child was first placed	2069
in shelter care, a party may ask the court to extend an order for	2070
protective supervision for six months or to terminate the order. A	2071
party requesting extension or termination of the order shall file	2072
a written request for the extension or termination with the court	2073
and give notice of the proposed extension or termination in	2074
writing before the end of the day after the day of filing it to	2075
all parties and the child's guardian ad litem. If a public	2076
children services agency or private child placing agency requests	2077
termination of the order, the agency shall file a written status	2078
report setting out the facts supporting termination of the order	2079
at the time it files the request with the court. If no party	2080
requests extension or termination of the order, the court shall	2081
notify the parties that the court will extend the order for six	2082
months or terminate it and that it may do so without a hearing	2083
unless one of the parties requests a hearing. All parties and the	2084
guardian ad litem shall have seven days from the date a notice is	2085
sent pursuant to this division to object to and request a hearing	2086
on the proposed extension or termination.	2087

(a) If it receives a timely request for a hearing, the court	2088
shall schedule a hearing to be held no later than thirty days	2089
after the request is received by the court. The court shall give	2090
notice of the date, time, and location of the hearing to all	2091
parties and the guardian ad litem. At the hearing, the court	2092
shall determine whether extension or termination of the order is	2093
in the child's best interest. If termination is in the child's	2094
best interest, the court shall terminate the order. If extension	2095
is in the child's best interest, the court shall extend the order	2096
for six months.	2097

(b) If it does not receive a timely request for a hearing,	2098
the court may extend the order for six months or terminate it	2099
without a hearing and shall journalize the order of extension or	2100
termination not later than fourteen days after receiving the	2101
request for extension or termination or after the date the court	2102
notifies the parties that it will extend or terminate the order.	2103
If the court does not extend or terminate the order, it shall	2104
schedule a hearing to be held no later than thirty days after the	2105
expiration of the applicable fourteen-day time period and give	2106
notice of the date, time, and location of the hearing to all	2107
parties and the child's guardian ad litem. At the hearing, the	2108
court shall determine whether extension or termination of the	2109
order is in the child's best interest. If termination is in the	2110
child's best interest, the court shall terminate the order. If	2111
extension is in the child's best interest, the court shall issue	2112
an order extending the order for protective supervision six	2113
months.	2114

(2) If the court grants an extension of the order for	2115
protective supervision pursuant to division (G)(1) of this	2116
section, a party may, prior to termination of the extension, file	2117
with the court a request for an additional extension of six months	2118
or for termination of the order. The court and the parties shall	2119
comply with division (G)(1) of this section with respect to	2120
extending or terminating the order.	2121

(3) If a court grants an extension pursuant to division	2122
(G)(2) of this section, the court shall terminate the order for	2123
protective supervision at the end of the extension.	2124

(H) The court shall not issue a dispositional order pursuant	2125
to division (A) of this section that removes a child from the	2126
child's home unless the court complies with section 2151.419 of	2127
the Revised Code and includes in the dispositional order the	2128
findings of fact required by that section.	2129

(I) If a motion or application for an order described in	2130
division (A)(6) of this section is made, the court shall not issue	2131
the order unless, prior to the issuance of the order, it provides	2132
to the person all of the following:	2133

(1) Notice and a copy of the motion or application;

2134

(2) The grounds for the motion or application;

2135

(3) An opportunity to present evidence and witnesses at a	2136
hearing regarding the motion or application;	2137

(4) An opportunity to be represented by counsel at the	2138
hearing.	2139

(J) The jurisdiction of the court shall terminate one year	2140
after the date of the award or, if the court takes any further	2141
action in the matter subsequent to the award, the date of the	2142
latest further action subsequent to the award, if the court awards	2143
legal custody of a child to either of the following:	2144

(1) A legal custodian who, at the time of the award of legal	2145
custody, resides in a county of this state other than the county	2146
in which the court is located;	2147

(2) A legal custodian who resides in the county in which the	2148
court is located at the time of the award of legal custody, but	2149
moves to a different county of this state prior to one year after	2150
the date of the award or, if the court takes any further action in	2151
the matter subsequent to the award, one year after the date of the	2152
latest further action subsequent to the award.	2153

The court in the county in which the legal custodian resides	2154
then shall have jurisdiction in the matter.	2155

Sec. 2151.39.  No person, association or agency, public or	2156
private, of another state, incorporated or otherwise, shall place	2157
a child in a family home or with an agency or institution within	2158
the boundaries of this state, either for temporary or permanent	2159
care or custody or for adoption, unless such person or association	2160
has furnished the department of job and family services with a	2161
medical and social history of the child, pertinent information	2162
about the family, agency, association, or institution in this	2163
state with whom the sending party desires to place the child, and	2164
any other information or financial guaranty required by the	2165
department to determine whether the proposed placement will meet	2166
the needs of the child. The department may require the party	2167
desiring the placement to agree to promptly receive and remove	2168
from the state a child brought into the state whose placement has	2169
not proven satisfactorily responsive to the needs of the child at	2170
any time until the child is adopted, reaches majority, becomes	2171
self-supporting or is discharged with the concurrence of the	2172
department. All placements proposed to be made in this state by a	2173
party located in a state which is a party to the interstate	2174
compact on the placement of children shall be made according to	2175
the provisions of sections 5103.20 to 5103.285103.22 of the	2176
Revised Code.	2177

Sec. 2151.416.  (A) Each agency that is required by section	2178
2151.412 of the Revised Code to prepare a case plan for a child	2179
shall complete a semiannual administrative review of the case plan	2180
no later than six months after the earlier of the date on which	2181
the complaint in the case was filed or the child was first placed	2182
in shelter care. After the first administrative review, the agency	2183
shall complete semiannual administrative reviews no later than	2184
every six months. If the court issues an order pursuant to section	2185
2151.414 or 2151.415 of the Revised Code, the agency shall	2186
complete an administrative review no later than six months after	2187
the court's order and continue to complete administrative reviews	2188
no later than every six months after the first review, except that	2189
the court hearing held pursuant to section 2151.417 of the Revised	2190
Code may take the place of any administrative review that would	2191
otherwise be held at the time of the court hearing. When	2192
conducting a review, the child's health and safety shall be the	2193
paramount concern.	2194

(B) Each administrative review required by division (A) of	2195
this section shall be conducted by a review panel of at least	2196
three persons, including, but not limited to, both of the	2197
following:	2198

(1) A caseworker with day-to-day responsibility for, or	2199
familiarity with, the management of the child's case plan;	2200

(2) A person who is not responsible for the management of the	2201
child's case plan or for the delivery of services to the child or	2202
the parents, guardian, or custodian of the child.	2203

(C) Each semiannual administrative review shall include, but	2204
not be limited to, a joint meeting by the review panel with the	2205
parents, guardian, or custodian of the child, the guardian ad	2206
litem of the child, and the child's foster care provider and shall	2207
include an opportunity for those persons to submit any written	2208
materials to be included in the case record of the child. If a	2209
parent, guardian, custodian, guardian ad litem, or foster care	2210
provider of the child cannot be located after reasonable efforts	2211
to do so or declines to participate in the administrative review	2212
after being contacted, the agency does not have to include them in	2213
the joint meeting.	2214

(D) The agency shall prepare a written summary of the	2215
semiannual administrative review that shall include, but not be	2216
limited to, all of the following:	2217

(1) A conclusion regarding the safety and appropriateness of	2218
the child's foster care placement;	2219

(2) The extent of the compliance with the case plan of all	2220
parties;	2221

(3) The extent of progress that has been made toward	2222
alleviating the circumstances that required the agency to assume	2223
temporary custody of the child;	2224

(4) An estimated date by which the child may be returned to	2225
and safely maintained in the child's home or placed for adoption	2226
or legal custody;	2227

(5) An updated case plan that includes any changes that the	2228
agency is proposing in the case plan;	2229

(6) The recommendation of the agency as to which agency or	2230
person should be given custodial rights over the child for the	2231
six-month period after the administrative review;	2232

(7) The names of all persons who participated in the	2233
administrative review.	2234

(E) The agency shall file the summary with the court no later	2235
than seven days after the completion of the administrative review.	2236
If the agency proposes a change to the case plan as a result of	2237
the administrative review, the agency shall file the proposed	2238
change with the court at the time it files the summary. The agency	2239
shall give notice of the summary and proposed change in writing	2240
before the end of the next day after filing them to all parties	2241
and the child's guardian ad litem. All parties and the guardian ad	2242
litem shall have seven days after the date the notice is sent to	2243
object to and request a hearing on the proposed change.	2244

(1) If the court receives a timely request for a hearing, the	2245
court shall schedule a hearing pursuant to section 2151.417 of the	2246
Revised Code to be held not later than thirty days after the court	2247
receives the request. The court shall give notice of the date,	2248
time, and location of the hearing to all parties and the guardian	2249
ad litem. The agency may implement the proposed change after the	2250
hearing, if the court approves it. The agency shall not implement	2251
the proposed change unless it is approved by the court.	2252

(2) If the court does not receive a timely request for a	2253
hearing, the court may approve the proposed change without a	2254
hearing. If the court approves the proposed change without a	2255
hearing, it shall journalize the case plan with the change not	2256
later than fourteen days after the change is filed with the court.	2257
If the court does not approve the proposed change to the case	2258
plan, it shall schedule a review hearing to be held pursuant to	2259
section 2151.417 of the Revised Code no later than thirty days	2260
after the expiration of the fourteen-day time period and give	2261
notice of the date, time, and location of the hearing to all	2262
parties and the guardian ad litem of the child. If, despite the	2263
requirements of this division and division (D) of section 2151.417	2264
of the Revised Code, the court neither approves and journalizes	2265
the proposed change nor conducts a hearing, the agency may	2266
implement the proposed change not earlier than fifteen days after	2267
it is submitted to the court.	2268

(F) The director of job and family services may adopt rules	2269
pursuant to Chapter 119. of the Revised Code for procedures and	2270
standard forms for conducting administrative reviews pursuant to	2271
this section.	2272

(G) The juvenile court that receives the written summary of	2273
the administrative review, upon determining, either from the	2274
written summary, case plan, or otherwise, that the custody or care	2275
arrangement is not in the best interest of the child, may	2276
terminate the custody of an agency and place the child in the	2277
custody of another institution or association certified by the	2278
department of job and family services under section 5103.03 of the	2279
Revised Code.	2280

(H) The department of job and family services shall report	2281
annually to the public and to the general assembly on the results	2282
of the review of case plans of each agency. The annual report	2283
shall include any information that is required by the department,	2284
including, but not limited to, all of the following:	2285

(1) A statistical analysis of the administrative reviews	2286
conducted pursuant to this section and section 2151.417 of the	2287
Revised Code;	2288

(2) The number of children in temporary or permanent custody	2289
for whom an administrative review was conducted, the number of	2290
children whose custody status changed during the period, the	2291
number of children whose residential placement changed during the	2292
period, and the number of residential placement changes for each	2293
child during the period;	2294

(3) An analysis of the utilization of public social services	2295
by agencies and parents or guardians, and the utilization of the	2296
adoption listing service of the department pursuant to section	2297
5103.154 of the Revised Code.	2298

Sec. 2151.421.  (A)(1)(a) No person described in division	2299
(A)(1)(b) of this section who is acting in an official or	2300
professional capacity and knows, or has reasonable cause to	2301
suspect based on facts that would cause a reasonable person in a	2302
similar position to suspect, that a child under eighteen years of	2303
age or a mentally retarded, developmentally disabled, or	2304
physically impaired child under twenty-one years of age has	2305
suffered or faces a threat of suffering any physical or mental	2306
wound, injury, disability, or condition of a nature that	2307
reasonably indicates abuse or neglect of the child shall fail to	2308
immediately report that knowledge or reasonable cause to suspect	2309
to the entity or persons specified in this division. Except as	2310
provided in section 5120.173 of the Revised Code, the person	2311
making the report shall make it to the public children services	2312
agency or a municipal or county peace officer in the county in	2313
which the child resides or in which the abuse or neglect is	2314
occurring or has occurred. In the circumstances described in	2315
section 5120.173 of the Revised Code, the person making the report	2316
shall make it to the entity specified in that section.	2317

(b) Division (A)(1)(a) of this section applies to any person	2318
who is an attorney; physician, including a hospital intern or	2319
resident; dentist; podiatrist; practitioner of a limited branch of	2320
medicine as specified in section 4731.15 of the Revised Code;	2321
registered nurse; licensed practical nurse; visiting nurse; other	2322
health care professional; licensed psychologist; licensed school	2323
psychologist; independent marriage and family therapist or	2324
marriage and family therapist; speech pathologist or audiologist;	2325
coroner; administrator or employee of a child day-care center;	2326
administrator or employee of a residential camp or child day camp;	2327
administrator or employee of a certified child care agency or	2328
other public or private children services agency; school teacher;	2329
school employee; school authority; person engaged in social work	2330
or the practice of professional counseling; agent of a county	2331
humane society; person, other than a cleric, rendering spiritual	2332
treatment through prayer in accordance with the tenets of a	2333
well-recognized religion; superintendent, board member, or	2334
employee of a county board of mental retardation; investigative	2335
agent contracted with by a county board of mental retardation; or	2336
employee of the department of mental retardation and developmental	2337
disabilities; employee of a facility or home that provides respite	2338
care in accordance with section 5123.171 of the Revised Code;	2339
employee of a home health agency; employee of an entity that	2340
provides homemaker services; a person performing the duties of an	2341
assessor pursuant to Chapter 3107. or 5103. of the Revised Code;	2342
or third party employed by a public children services agency to	2343
assist in providing child or family related services.	2344

(2) Except as provided in division (A)(3) of this section, an	2345
attorney or a physician is not required to make a report pursuant	2346
to division (A)(1) of this section concerning any communication	2347
the attorney or physician receives from a client or patient in an	2348
attorney-client or physician-patient relationship, if, in	2349
accordance with division (A) or (B) of section 2317.02 of the	2350
Revised Code, the attorney or physician could not testify with	2351
respect to that communication in a civil or criminal proceeding.	2352

(3) The client or patient in an attorney-client or	2353
physician-patient relationship described in division (A)(2) of	2354
this section is deemed to have waived any testimonial privilege	2355
under division (A) or (B) of section 2317.02 of the Revised Code	2356
with respect to any communication the attorney or physician	2357
receives from the client or patient in that attorney-client or	2358
physician-patient relationship, and the attorney or physician	2359
shall make a report pursuant to division (A)(1) of this section	2360
with respect to that communication, if all of the following apply:	2361

(a) The client or patient, at the time of the communication,	2362
is either a child under eighteen years of age or a mentally	2363
retarded, developmentally disabled, or physically impaired person	2364
under twenty-one years of age.	2365

(b) The attorney or physician knows, or has reasonable cause	2366
to suspect based on facts that would cause a reasonable person in	2367
similar position to suspect, as a result of the communication or	2368
any observations made during that communication, that the client	2369
or patient has suffered or faces a threat of suffering any	2370
physical or mental wound, injury, disability, or condition of a	2371
nature that reasonably indicates abuse or neglect of the client or	2372
patient.	2373

(c) The abuse or neglect does not arise out of the client's	2374
or patient's attempt to have an abortion without the notification	2375
of her parents, guardian, or custodian in accordance with section	2376
2151.85 of the Revised Code.	2377

(4)(a) No cleric and no person, other than a volunteer,	2378
designated by any church, religious society, or faith acting as a	2379
leader, official, or delegate on behalf of the church, religious	2380
society, or faith who is acting in an official or professional	2381
capacity, who knows, or has reasonable cause to believe based on	2382
facts that would cause a reasonable person in a similar position	2383
to believe, that a child under eighteen years of age or a mentally	2384
retarded, developmentally disabled, or physically impaired child	2385
under twenty-one years of age has suffered or faces a threat of	2386
suffering any physical or mental wound, injury, disability, or	2387
condition of a nature that reasonably indicates abuse or neglect	2388
of the child, and who knows, or has reasonable cause to believe	2389
based on facts that would cause a reasonable person in a similar	2390
position to believe, that another cleric or another person, other	2391
than a volunteer, designated by a church, religious society, or	2392
faith acting as a leader, official, or delegate on behalf of the	2393
church, religious society, or faith caused, or poses the threat of	2394
causing, the wound, injury, disability, or condition that	2395
reasonably indicates abuse or neglect shall fail to immediately	2396
report that knowledge or reasonable cause to believe to the entity	2397
or persons specified in this division. Except as provided in	2398
section 5120.173 of the Revised Code, the person making the report	2399
shall make it to the public children services agency or a	2400
municipal or county peace officer in the county in which the child	2401
resides or in which the abuse or neglect is occurring or has	2402
occurred. In the circumstances described in section 5120.173 of	2403
the Revised Code, the person making the report shall make it to	2404
the entity specified in that section.	2405

(b) Except as provided in division (A)(4)(c) of this section,	2406
a cleric is not required to make a report pursuant to division	2407
(A)(4)(a) of this section concerning any communication the cleric	2408
receives from a penitent in a cleric-penitent relationship, if, in	2409
accordance with division (C) of section 2317.02 of the Revised	2410
Code, the cleric could not testify with respect to that	2411
communication in a civil or criminal proceeding.	2412

(c) The penitent in a cleric-penitent relationship described	2413
in division (A)(4)(b) of this section is deemed to have waived any	2414
testimonial privilege under division (C) of section 2317.02 of the	2415
Revised Code with respect to any communication the cleric receives	2416
from the penitent in that cleric-penitent relationship, and the	2417
cleric shall make a report pursuant to division (A)(4)(a) of this	2418
section with respect to that communication, if all of the	2419
following apply:	2420

(i) The penitent, at the time of the communication, is either	2421
a child under eighteen years of age or a mentally retarded,	2422
developmentally disabled, or physically impaired person under	2423
twenty-one years of age.	2424

(ii) The cleric knows, or has reasonable cause to believe	2425
based on facts that would cause a reasonable person in a similar	2426
position to believe, as a result of the communication or any	2427
observations made during that communication, the penitent has	2428
suffered or faces a threat of suffering any physical or mental	2429
wound, injury, disability, or condition of a nature that	2430
reasonably indicates abuse or neglect of the penitent.	2431

(iii) The abuse or neglect does not arise out of the	2432
penitent's attempt to have an abortion performed upon a child	2433
under eighteen years of age or upon a mentally retarded,	2434
developmentally disabled, or physically impaired person under	2435
twenty-one years of age without the notification of her parents,	2436
guardian, or custodian in accordance with section 2151.85 of the	2437
Revised Code.	2438

(d) Divisions (A)(4)(a) and (c) of this section do not apply	2439
in a cleric-penitent relationship when the disclosure of any	2440
communication the cleric receives from the penitent is in	2441
violation of the sacred trust.	2442

(e) As used in divisions (A)(1) and (4) of this section,	2443
"cleric" and "sacred trust" have the same meanings as in section	2444
2317.02 of the Revised Code.	2445

(B) Anyone who knows, or has reasonable cause to suspect	2446
based on facts that would cause a reasonable person in similar	2447
circumstances to suspect, that a child under eighteen years of age	2448
or a mentally retarded, developmentally disabled, or physically	2449
impaired person under twenty-one years of age has suffered or	2450
faces a threat of suffering any physical or mental wound, injury,	2451
disability, or other condition of a nature that reasonably	2452
indicates abuse or neglect of the child may report or cause	2453
reports to be made of that knowledge or reasonable cause to	2454
suspect to the entity or persons specified in this division.	2455
Except as provided in section 5120.173 of the Revised Code, a	2456
person making a report or causing a report to be made under this	2457
division shall make it or cause it to be made to the public	2458
children services agency or to a municipal or county peace	2459
officer. In the circumstances described in section 5120.173 of the	2460
Revised Code, a person making a report or causing a report to be	2461
made under this division shall make it or cause it to be made to	2462
the entity specified in that section.	2463

(C) Any report made pursuant to division (A) or (B) of this	2464
section shall be made forthwith either by telephone or in person	2465
and shall be followed by a written report, if requested by the	2466
receiving agency or officer. The written report shall contain:	2467

(1) The names and addresses of the child and the child's	2468
parents or the person or persons having custody of the child, if	2469
known;	2470

(2) The child's age and the nature and extent of the child's	2471
injuries, abuse, or neglect that is known or reasonably suspected	2472
or believed, as applicable, to have occurred or of the threat of	2473
injury, abuse, or neglect that is known or reasonably suspected or	2474
believed, as applicable, to exist, including any evidence of	2475
previous injuries, abuse, or neglect;	2476

(3) Any other information that might be helpful in	2477
establishing the cause of the injury, abuse, or neglect that is	2478
known or reasonably suspected or believed, as applicable, to have	2479
occurred or of the threat of injury, abuse, or neglect that is	2480
known or reasonably suspected or believed, as applicable, to	2481
exist.	2482

Any person, who is required by division (A) of this section	2483
to report child abuse or child neglect that is known or reasonably	2484
suspected or believed to have occurred, may take or cause to be	2485
taken color photographs of areas of trauma visible on a child and,	2486
if medically indicated, cause to be performed radiological	2487
examinations of the child.	2488

(D) As used in this division, "children's advocacy center"	2489
and "sexual abuse of a child" have the same meanings as in section	2490
2151.425 of the Revised Code.	2491

(1) When a municipal or county peace officer receives a	2492
report concerning the possible abuse or neglect of a child or the	2493
possible threat of abuse or neglect of a child, upon receipt of	2494
the report, the municipal or county peace officer who receives the	2495
report shall refer the report to the appropriate public children	2496
services agency.	2497

(2) When a public children services agency receives a report	2498
pursuant to this division or division (A) or (B) of this section,	2499
upon receipt of the report, the public children services agency	2500
shall do both of the following:	2501

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

2502

(b) If the county served by the agency is also served by a	2503
children's advocacy center and the report alleges sexual abuse of	2504
a child or another type of abuse of a child that is specified in	2505
the memorandum of understanding that creates the center as being	2506
within the center's jurisdiction, comply regarding the report with	2507
the protocol and procedures for referrals and investigations, with	2508
the coordinating activities, and with the authority or	2509
responsibility for performing or providing functions, activities,	2510
and services stipulated in the interagency agreement entered into	2511
under section 2151.428 of the Revised Code relative to that	2512
center.	2513

(E) No township, municipal, or county peace officer shall	2514
remove a child about whom a report is made pursuant to this	2515
section from the child's parents, stepparents, or guardian or any	2516
other persons having custody of the child without consultation	2517
with the public children services agency, unless, in the judgment	2518
of the officer, and, if the report was made by physician, the	2519
physician, immediate removal is considered essential to protect	2520
the child from further abuse or neglect. The agency that must be	2521
consulted shall be the agency conducting the investigation of the	2522
report as determined pursuant to section 2151.422 of the Revised	2523
Code.	2524

(F)(1) Except as provided in section 2151.422 of the Revised	2525
Code or in an interagency agreement entered into under section	2526
2151.428 of the Revised Code that applies to the particular	2527
report, the public children services agency shall investigate,	2528
within twenty-four hours, each report of child abuse or child	2529
neglect that is known or reasonably suspected or believed to have	2530
occurred and of a threat of child abuse or child neglect that is	2531
known or reasonably suspected or believed to exist that is	2532
referred to it under this section to determine the circumstances	2533
surrounding the injuries, abuse, or neglect or the threat of	2534
injury, abuse, or neglect, the cause of the injuries, abuse,	2535
neglect, or threat, and the person or persons responsible. The	2536
investigation shall be made in cooperation with the law	2537
enforcement agency and in accordance with the memorandum of	2538
understanding prepared under division (J) of this section. A	2539
representative of the public children services agency shall, at	2540
the time of initial contact with the person subject to the	2541
investigation, inform the person of the specific complaints or	2542
allegations made against the person. The information shall be	2543
given in a manner that is consistent with division (H)(1) of this	2544
section and protects the rights of the person making the report	2545
under this section.	2546

A failure to make the investigation in accordance with the	2547
memorandum is not grounds for, and shall not result in, the	2548
dismissal of any charges or complaint arising from the report or	2549
the suppression of any evidence obtained as a result of the report	2550
and does not give, and shall not be construed as giving, any	2551
rights or any grounds for appeal or post-conviction relief to any	2552
person. The public children services agency shall report each case	2553
to a central registry whichthe uniform statewide automated child	2554
welfare information system that the department of job and family	2555
services shall maintain in order to determine whether prior	2556
reports have been made in other counties concerning the child or	2557
other principals in the caseaccordance with section 5101.13 of	2558
the Revised Code. The public children services agency shall submit	2559
a report of its investigation, in writing, to the law enforcement	2560
agency.	2561

(2) The public children services agency shall make any	2562
recommendations to the county prosecuting attorney or city	2563
director of law that it considers necessary to protect any	2564
children that are brought to its attention.	2565

(G)(1)(a) Except as provided in division (H)(3) of this	2566
section, anyone or any hospital, institution, school, health	2567
department, or agency participating in the making of reports under	2568
division (A) of this section, anyone or any hospital, institution,	2569
school, health department, or agency participating in good faith	2570
in the making of reports under division (B) of this section, and	2571
anyone participating in good faith in a judicial proceeding	2572
resulting from the reports, shall be immune from any civil or	2573
criminal liability for injury, death, or loss to person or	2574
property that otherwise might be incurred or imposed as a result	2575
of the making of the reports or the participation in the judicial	2576
proceeding.	2577

(b) Notwithstanding section 4731.22 of the Revised Code, the	2578
physician-patient privilege shall not be a ground for excluding	2579
evidence regarding a child's injuries, abuse, or neglect, or the	2580
cause of the injuries, abuse, or neglect in any judicial	2581
proceeding resulting from a report submitted pursuant to this	2582
section.	2583

(2) In any civil or criminal action or proceeding in which it	2584
is alleged and proved that participation in the making of a report	2585
under this section was not in good faith or participation in a	2586
judicial proceeding resulting from a report made under this	2587
section was not in good faith, the court shall award the	2588
prevailing party reasonable attorney's fees and costs and, if a	2589
civil action or proceeding is voluntarily dismissed, may award	2590
reasonable attorney's fees and costs to the party against whom the	2591
civil action or proceeding is brought.	2592

(H)(1) Except as provided in divisions (H)(4) and (M) of this	2593
section, a report made under this section is confidential. The	2594
information provided in a report made pursuant to this section and	2595
the name of the person who made the report shall not be released	2596
for use, and shall not be used, as evidence in any civil action or	2597
proceeding brought against the person who made the report. In a	2598
criminal proceeding, the report is admissible in evidence in	2599
accordance with the Rules of Evidence and is subject to discovery	2600
in accordance with the Rules of Criminal Procedure.	2601

(2) No person shall permit or encourage the unauthorized	2602
dissemination of the contents of any report made under this	2603
section.	2604

(3) A person who knowingly makes or causes another person to	2605
make a false report under division (B) of this section that	2606
alleges that any person has committed an act or omission that	2607
resulted in a child being an abused child or a neglected child is	2608
guilty of a violation of section 2921.14 of the Revised Code.	2609

(4) If a report is made pursuant to division (A) or (B) of	2610
this section and the child who is the subject of the report dies	2611
for any reason at any time after the report is made, but before	2612
the child attains eighteen years of age, the public children	2613
services agency or municipal or county peace officer to which the	2614
report was made or referred, on the request of the child fatality	2615
review board, shall submit a summary sheet of information	2616
providing a summary of the report to the review board of the	2617
county in which the deceased child resided at the time of death.	2618
On the request of the review board, the agency or peace officer	2619
may, at its discretion, make the report available to the review	2620
board. If the county served by the public children services agency	2621
is also served by a children's advocacy center and the report of	2622
alleged sexual abuse of a child or another type of abuse of a	2623
child is specified in the memorandum of understanding that creates	2624
the center as being within the center's jurisdiction, the agency	2625
or center shall perform the duties and functions specified in this	2626
division in accordance with the interagency agreement entered into	2627
under section 2151.428 of the Revised Code relative to that	2628
advocacy center.	2629

(5) A public children services agency shall advise a person	2630
alleged to have inflicted abuse or neglect on a child who is the	2631
subject of a report made pursuant to this section, including a	2632
report alleging sexual abuse of a child or another type of abuse	2633
of a child referred to a children's advocacy center pursuant to an	2634
interagency agreement entered into under section 2151.428 of the	2635
Revised Code, in writing of the disposition of the investigation.	2636
The agency shall not provide to the person any information that	2637
identifies the person who made the report, statements of	2638
witnesses, or police or other investigative reports.	2639

(I) Any report that is required by this section, other than a	2640
report that is made to the state highway patrol as described in	2641
section 5120.173 of the Revised Code, shall result in protective	2642
services and emergency supportive services being made available by	2643
the public children services agency on behalf of the children	2644
about whom the report is made, in an effort to prevent further	2645
neglect or abuse, to enhance their welfare, and, whenever	2646
possible, to preserve the family unit intact. The agency required	2647
to provide the services shall be the agency conducting the	2648
investigation of the report pursuant to section 2151.422 of the	2649
Revised Code.	2650

(J)(1) Each public children services agency shall prepare a	2651
memorandum of understanding that is signed by all of the	2652
following:	2653

(a) If there is only one juvenile judge in the county, the	2654
juvenile judge of the county or the juvenile judge's	2655
representative;	2656

(b) If there is more than one juvenile judge in the county, a	2657
juvenile judge or the juvenile judges' representative selected by	2658
the juvenile judges or, if they are unable to do so for any	2659
reason, the juvenile judge who is senior in point of service or	2660
the senior juvenile judge's representative;	2661

(c) The county peace officer;

2662

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

2663

(e) Other law enforcement officers handling child abuse and	2664
neglect cases in the county;	2665

(f) The prosecuting attorney of the county;

2666

(g) If the public children services agency is not the county	2667
department of job and family services, the county department of	2668
job and family services;	2669

(h) The county humane society;

2670

(i) If the public children services agency participated in	2671
the execution of a memorandum of understanding under section	2672
2151.426 of the Revised Code establishing a children's advocacy	2673
center, each participating member of the children's advocacy	2674
center established by the memorandum.	2675

(2) A memorandum of understanding shall set forth the normal	2676
operating procedure to be employed by all concerned officials in	2677
the execution of their respective responsibilities under this	2678
section and division (C) of section 2919.21, division (B)(1) of	2679
section 2919.22, division (B) of section 2919.23, and section	2680
2919.24 of the Revised Code and shall have as two of its primary	2681
goals the elimination of all unnecessary interviews of children	2682
who are the subject of reports made pursuant to division (A) or	2683
(B) of this section and, when feasible, providing for only one	2684
interview of a child who is the subject of any report made	2685
pursuant to division (A) or (B) of this section. A failure to	2686
follow the procedure set forth in the memorandum by the concerned	2687
officials is not grounds for, and shall not result in, the	2688
dismissal of any charges or complaint arising from any reported	2689
case of abuse or neglect or the suppression of any evidence	2690
obtained as a result of any reported child abuse or child neglect	2691
and does not give, and shall not be construed as giving, any	2692
rights or any grounds for appeal or post-conviction relief to any	2693
person.	2694

(3) A memorandum of understanding shall include all of the	2695
following:	2696

(a) The roles and responsibilities for handling emergency and	2697
nonemergency cases of abuse and neglect;	2698

(b) Standards and procedures to be used in handling and	2699
coordinating investigations of reported cases of child abuse and	2700
reported cases of child neglect, methods to be used in	2701
interviewing the child who is the subject of the report and who	2702
allegedly was abused or neglected, and standards and procedures	2703
addressing the categories of persons who may interview the child	2704
who is the subject of the report and who allegedly was abused or	2705
neglected.	2706

(4) If a public children services agency participated in the	2707
execution of a memorandum of understanding under section 2151.426	2708
of the Revised Code establishing a children's advocacy center, the	2709
agency shall incorporate the contents of that memorandum in the	2710
memorandum prepared pursuant to this section.	2711

(K)(1) Except as provided in division (K)(4) of this section,	2712
a person who is required to make a report pursuant to division (A)	2713
of this section may make a reasonable number of requests of the	2714
public children services agency that receives or is referred the	2715
report, or of the children's advocacy center that is referred the	2716
report if the report is referred to a children's advocacy center	2717
pursuant to an interagency agreement entered into under section	2718
2151.428 of the Revised Code, to be provided with the following	2719
information:	2720

(a) Whether the agency or center has initiated an	2721
investigation of the report;	2722

(b) Whether the agency or center is continuing to investigate	2723
the report;	2724

(c) Whether the agency or center is otherwise involved with	2725
the child who is the subject of the report;	2726

(d) The general status of the health and safety of the child	2727
who is the subject of the report;	2728

(e) Whether the report has resulted in the filing of a	2729
complaint in juvenile court or of criminal charges in another	2730
court.	2731

(2) A person may request the information specified in	2732
division (K)(1) of this section only if, at the time the report is	2733
made, the person's name, address, and telephone number are	2734
provided to the person who receives the report.	2735

When a municipal or county peace officer or employee of a	2736
public children services agency receives a report pursuant to	2737
division (A) or (B) of this section the recipient of the report	2738
shall inform the person of the right to request the information	2739
described in division (K)(1) of this section. The recipient of the	2740
report shall include in the initial child abuse or child neglect	2741
report that the person making the report was so informed and, if	2742
provided at the time of the making of the report, shall include	2743
the person's name, address, and telephone number in the report.	2744

Each request is subject to verification of the identity of	2745
the person making the report. If that person's identity is	2746
verified, the agency shall provide the person with the information	2747
described in division (K)(1) of this section a reasonable number	2748
of times, except that the agency shall not disclose any	2749
confidential information regarding the child who is the subject of	2750
the report other than the information described in those	2751
divisions.	2752

(3) A request made pursuant to division (K)(1) of this	2753
section is not a substitute for any report required to be made	2754
pursuant to division (A) of this section.	2755

(4) If an agency other than the agency that received or was	2756
referred the report is conducting the investigation of the report	2757
pursuant to section 2151.422 of the Revised Code, the agency	2758
conducting the investigation shall comply with the requirements of	2759
division (K) of this section.	2760

(L) The director of job and family services shall adopt rules	2761
in accordance with Chapter 119. of the Revised Code to implement	2762
this section. The department of job and family services may enter	2763
into a plan of cooperation with any other governmental entity to	2764
aid in ensuring that children are protected from abuse and	2765
neglect. The department shall make recommendations to the attorney	2766
general that the department determines are necessary to protect	2767
children from child abuse and child neglect.	2768

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

2769

(a) "Out-of-home care" includes a nonchartered nonpublic	2770
school if the alleged child abuse or child neglect, or alleged	2771
threat of child abuse or child neglect, described in a report	2772
received by a public children services agency allegedly occurred	2773
in or involved the nonchartered nonpublic school and the alleged	2774
perpetrator named in the report holds a certificate, permit, or	2775
license issued by the state board of education under section	2776
3301.071 or Chapter 3319. of the Revised Code.	2777

(b) "Administrator, director, or other chief administrative	2778
officer" means the superintendent of the school district if the	2779
out-of-home care entity subject to a report made pursuant to this	2780
section is a school operated by the district.	2781

(2) No later than the end of the day following the day on	2782
which a public children services agency receives a report of	2783
alleged child abuse or child neglect, or a report of an alleged	2784
threat of child abuse or child neglect, that allegedly occurred in	2785
or involved an out-of-home care entity, the agency shall provide	2786
written notice of the allegations contained in and the person	2787
named as the alleged perpetrator in the report to the	2788
administrator, director, or other chief administrative officer of	2789
the out-of-home care entity that is the subject of the report	2790
unless the administrator, director, or other chief administrative	2791
officer is named as an alleged perpetrator in the report. If the	2792
administrator, director, or other chief administrative officer of	2793
an out-of-home care entity is named as an alleged perpetrator in a	2794
report of alleged child abuse or child neglect, or a report of an	2795
alleged threat of child abuse or child neglect, that allegedly	2796
occurred in or involved the out-of-home care entity, the agency	2797
shall provide the written notice to the owner or governing board	2798
of the out-of-home care entity that is the subject of the report.	2799
The agency shall not provide witness statements or police or other	2800
investigative reports.	2801

(3) No later than three days after the day on which a public	2802
children services agency that conducted the investigation as	2803
determined pursuant to section 2151.422 of the Revised Code makes	2804
a disposition of an investigation involving a report of alleged	2805
child abuse or child neglect, or a report of an alleged threat of	2806
child abuse or child neglect, that allegedly occurred in or	2807
involved an out-of-home care entity, the agency shall send written	2808
notice of the disposition of the investigation to the	2809
administrator, director, or other chief administrative officer and	2810
the owner or governing board of the out-of-home care entity. The	2811
agency shall not provide witness statements or police or other	2812
investigative reports.	2813

Sec. 2151.423.  A public children services agency shall	2814
disclose confidential information discovered during an	2815
investigation conducted pursuant to section 2151.421 or 2151.422	2816
of the Revised Code to any federal, state, or local government	2817
entity that needs the information to carry out its	2818
responsibilities to protect children from abuse or neglect.	2819

Information disclosed pursuant to this section is	2820
confidential and is not subject to disclosure pursuant to section	2821
149.43 or 1347.08 of the Revised Code by the agency to whom the	2822
information was disclosed. The agency receiving the information	2823
shall maintain the confidentiality of information disclosed	2824
pursuant to this section.	2825

Sec. 3107.011. (A) A person seeking to adopt a minor shall	2826
utilize an agency or attorney to arrange the adoption. Only an	2827
agency or attorney may arrange an adoption. An attorney may not	2828
represent with regard to the adoption both the person seeking to	2829
adopt and the parent placing a child for adoption.	2830

Any person may informally aid or promote an adoption by	2831
making a person seeking to adopt a minor aware of a minor who will	2832
be or is available for adoption.	2833

(B) A person seeking to adopt a minor who knowingly makes a	2834
false statement that is included in an application submitted to an	2835
agency or attorney to obtain services of that agency or attorney	2836
in arranging an adoption is guilty of the offense of falsification	2837
under section 2921.13 of the Revised Code.	2838

Sec. 3107.014.  (A) Except as provided in division (B) of	2839
this section, only an individual who meets all of the following	2840
requirements may perform the duties of an assessor under sections	2841
3107.031, 3107.032, 3107.082, 3107.09, 3107.101, 3107.12,	2842
5103.0324, and 5103.152 of the Revised Code:	2843

(1) The individual must be in the employ of, appointed by, or	2844
under contract with a court, public children services agency,	2845
private child placing agency, or private noncustodial agency;	2846

(2) The individual must be one of the following:

2847

(a) A professional counselor or, social worker, or marriage	2848
and family therapist licensed under Chapter 4757. of the Revised	2849
Code;	2850

(b) A psychologist licensed under Chapter 4732. of the	2851
Revised Code;	2852

(c) A student working to earn a four-year, post-secondary	2853
degree, or higher, in a social or behavior science, or both, who	2854
conducts assessor's duties under the supervision of a professional	2855
counselor or, social worker, or marriage and family therapist	2856
licensed under Chapter 4757. of the Revised Code or a psychologist	2857
licensed under Chapter 4732. of the Revised Code;. Beginning July	2858
1, 2009, a student is eligible under this division only if the	2859
supervising professional counselor, social worker, marriage and	2860
family therapist, or psychologist has completed training in	2861
accordance with rules adopted under section 3107.015 of the	2862
Revised Code.	2863

(d) A civil service employee engaging in social work without	2864
a license under Chapter 4757. of the Revised Code, as permitted by	2865
division (A)(5) of section 4757.41 of the Revised Code;	2866

(e) A former employee of a public children services agency	2867
who, while so employed, conducted the duties of an assessor.	2868

(3) The individual must complete education programstraining	2869
in accordance with rules adopted under section 3107.015 of the	2870
Revised Code.	2871

(B) An individual in the employ of, appointed by, or under	2872
contract with a court prior to September 18, 1996, to conduct	2873
adoption investigations of prospective adoptive parents may	2874
perform the duties of an assessor under sections 3107.031,	2875
3107.032, 3107.082, 3107.09, 3107.101, 3107.12, 5103.0324, and	2876
5103.152 of the Revised Code if the individual complies with	2877
division (A)(3) of this section regardless of whether the	2878
individual meets the requirement of division (A)(2) of this	2879
section.	2880

(C) A court, public children services agency, private child	2881
placing agency, or private noncustodial agency may employ,	2882
appoint, or contract with an assessor in the county in which a	2883
petition for adoption is filed and in any other county or location	2884
outside this state where information needed to complete or	2885
supplement the assessor's duties may be obtained. More than one	2886
assessor may be utilized for an adoption.	2887

(D) Not later than January 1, 2008, the department of job and	2888
family services shall develop and maintain an assessor registry.	2889
The registry shall list all individuals who are employed,	2890
appointed by, or under contract with a court, public children	2891
services agency, private child placing agency, or private	2892
noncustodial agency and meet the requirements of an assessor as	2893
described in this section. A public children services agency,	2894
private child placing agency, private noncustodial agency, court,	2895
or any other person may contact the department to determine if an	2896
individual is listed in the assessor registry. An individual	2897
listed in the assessor registry shall immediately inform the	2898
department when that individual is no longer employed, appointed	2899
by, or under contract with a court, public children services	2900
agency, private child placing agency, or private noncustodial	2901
agency to perform the duties of an assessor as described in this	2902
section. The director of job and family services shall adopt rules	2903
in accordance with Chapter 119. of the Revised Code necessary for	2904
the implementation, contents, and maintenance of the registry, and	2905
any sanctions related to the provision of information, or the	2906
failure to provide information, that is needed for the proper	2907
operation of the assessor registry.	2908

Sec. 3107.015. Not later than ninety days after June 20,	2909
1996, theThe director of job and family services shall adopt	2910
rules in accordance with Chapter 119. of the Revised Code	2911
governing the education programstraining an individual must	2912
complete for the purpose of division (A)(3) of section 3107.014 of	2913
the Revised Code. The education programstraining shall include	2914
courses on adoption placement practice, federal and state adoption	2915
assistance programs, and post adoption support services.	2916

Sec. 3107.016.  The department of job and family services	2917
shall develop a schedule of education programstraining that meet	2918
meets the requirements established in rules adopted pursuant to	2919
section 3107.015 of the Revised Code. The schedule shall include	2920
enough programstraining to provide all agencies equal access to	2921
the programstraining. The department shall distribute the	2922
schedule to all agencies.	2923

Sec. 3107.02.  (A) Any minor may be adopted.

2924

(B) An adult may be adopted under any of the following	2925
conditions:	2926

(1) If the adult is totally and permanently disabled;

2927

(2) If the adult is determined to be a mentally retarded	2928
person as defined in section 5123.01 of the Revised Code;	2929

(3) If the adult had established a child-foster caregiver or	2930
child-stepparent relationship with the petitioners as a minor, and	2931
the adult consents to the adoption;	2932

(4) If the adult was, at the time of the adult's eighteenth	2933
birthday, in the permanent custody of a public children services	2934
agency or a private child placing agency, and the adult consents	2935
to the adoption.	2936

(C) When proceedings to adopt a minor are initiated by the	2937
filing of a petition, and the eighteenth birthday of the minor	2938
occurs prior to the decision of the court, the court shall require	2939
the person who is to be adopted to submit a written statement of	2940
consent or objection to the adoption. If an objection is	2941
submitted, the petition shall be dismissed, and if a consent is	2942
submitted, the court shall proceed with the case, and may issue an	2943
interlocutory order or final decree of adoption.	2944

(D) Any physical examination of the individual to be adopted	2945
as part of or in contemplation of a petition to adopt may be	2946
conducted by any health professional authorized by the Revised	2947
Code to perform physical examinations, including a physician	2948
assistant, a clinical nurse specialist, a certified nurse	2949
practitioner, or a certified nurse-midwife. Any written	2950
documentation of the physical examination shall be completed by	2951
the healthcare professional who conducted the examination.	2952

(E) An adult who consents to an adoption pursuant to division	2953
(B)(4) of this section shall provide the court with the name and	2954
contact information of the public children services agency or	2955
private child placing agency that had permanent custody of that	2956
adult. The petitioner shall request verification from the agency	2957
as to whether the adult was or was not in the permanent custody of	2958
that agency at the time of the adult's eighteenth birthday and	2959
provide the verification to the court.	2960

Sec. 3107.031.  Except as otherwise provided in this section,	2961
an assessor shall conduct a home study for the purpose of	2962
ascertaining whether a person seeking to adopt a minor is suitable	2963
to adopt. A written report of the home study shall be filed with	2964
the court at least ten days before the petition for adoption is	2965
heard.	2966

A person seeking to adopt a minor who knowingly makes a false	2967
statement that is included in the written report of a home study	2968
conducted pursuant to this section is guilty of the offense of	2969
falsification under section 2921.13 of the Revised Code, and such	2970
a home study shall not be filed with the court. If such a home	2971
study is filed with the court, the court may strike the home study	2972
from the court's records.	2973

The report shall contain the opinion of the assessor as to	2974
whether the person who is the subject of the report is suitable to	2975
adopt a minor, any multiple children assessment required under	2976
section 3107.032 of the Revised Code, and other information and	2977
documents specified in rules adopted by the director of job and	2978
family services under section 3107.0323107.033 of the Revised	2979
Code. The assessor shall not consider the person's age when	2980
determining whether the person is suitable to adopt if the person	2981
is old enough to adopt as provided by section 3107.03 of the	2982
Revised Code.	2983

An assessor may request departments or agencies within or	2984
outside this state to assist in the home study as may be	2985
appropriate and to make a written report to be included with and	2986
attached to the report to the court. The assessor shall make	2987
similar home studies and reports on behalf of other assessors	2988
designated by the courts of this state or another place.	2989

Upon order of the court, the costs of the home study and	2990
other proceedings shall be paid by the person seeking to adopt,	2991
and, if the home study is conducted by a public agency or public	2992
employee, the part of the cost representing any services and	2993
expenses shall be taxed as costs and paid into the state treasury	2994
or county treasury, as the court may direct.	2995

On request, the assessor shall provide the person seeking to	2996
adopt a copy of the report of the home study. The assessor shall	2997
delete from that copy any provisions concerning the opinion of	2998
other persons, excluding the assessor, of the person's suitability	2999
to adopt a minor.	3000

This section does not apply to a foster caregiver seeking to	3001
adopt the foster caregiver's foster child if the foster child has	3002
resided in the foster caregiver's home for at least twelve months	3003
prior to the date the foster caregiver submits an application	3004
prescribed under division (B) of section 3107.012 of the Revised	3005
Code to the agency arranging the adoption.	3006

Sec. 3107.032.  (A) Except as provided in division (C) of	3007
this section, each time a person seeking to adopt a minor or	3008
foster child will have at least five children residing in the	3009
prospective adoptive home after the minor or foster child to be	3010
adopted is placed in the home, an assessor, on behalf of an agency	3011
or attorney arranging an adoption pursuant to sections 3107.011 or	3012
3107.012 of the Revised Code, shall complete a multiple children	3013
assessment during the home study. The multiple children assessment	3014
shall evaluate the ability of the person seeking to adopt in	3015
meeting the needs of the minor or foster child to be adopted and	3016
continuing to meet the needs of the children residing in the home.	3017
The assessor shall include the multiple children assessment in the	3018
written report of the home study filed pursuant to section	3019
3107.031 of the Revised Code.	3020

(B) The director of job and family services shall adopt rules	3021
in accordance with Chapter 119. of the Revised Code necessary for	3022
an assessor to complete a multiple children assessment.	3023

(C) This section does not apply to an adoption by a	3024
stepparent whose spouse is a biological or adoptive parent of the	3025
minor to be adopted.	3026

Sec. 3107.032.        Sec. 3107.033.  Not later than ninety days after	3027
June 20, 1996January 1, 2008, the director of job and family	3028
services shall adopt rules in accordance with Chapter 119. of the	3029
Revised Code specifying theboth of the following:	3030

(A) The manner in which a home study is to be conducted and	3031
the information and documents to be included in a home study	3032
report, which shall include, pursuant to section 3107.034 of the	3033
Revised Code, a summary report of a search of the uniform	3034
statewide automated child welfare information system established	3035
in section 5101.13 of the Revised Code;	3036

(B) A procedure under which a person whose application for	3037
adoption has been denied as a result of a search of the uniform	3038
statewide automated child welfare information system established	3039
in section 5101.13 of the Revised Code as part of the home study	3040
may appeal the denial to the agency that employed the assessor who	3041
filed the report.	3042

Sec. 3107.034. (A) The summary report of a search of the	3043
uniform statewide automated child welfare information system	3044
established in section 5101.13 of the Revised Code that is	3045
required under section 3107.033 of the Revised Code shall contain,	3046
if applicable, a chronological list of abuse and neglect	3047
determinations or allegations of which the person seeking to adopt	3048
is subject and in regards to which a public children services	3049
agency has done one of the following:	3050

(1) Determined that abuse or neglect occurred;

3051

(2) Initiated an investigation, and the investigation is	3052
ongoing;	3053

(3) Initiated an investigation and the agency was unable to	3054
determine whether abuse or neglect occurred.	3055

(B) The summary report required under section 3107.033 of the	3056
Revised Code shall not contain any of the following:	3057

(1) An abuse and neglect determination of which the person	3058
seeking to adopt is subject and in regards to which a public	3059
children services agency determined that abuse or neglect did not	3060
occur;	3061

(2) Information or reports the dissemination of which is	3062
prohibited by, or interferes with eligibility under, the "Child	3063
Abuse Prevention and Treatment Act," 88 Stat. 4 (1974), 42 U.S.C.	3064
5101 et seq., as amended;	3065

(3) The name of the person who or entity that made, or	3066
participated in the making of, the report of abuse or neglect.	3067

(C)(1) An application for adoption may be denied based on a	3068
summary report containing the information described under division	3069
(A)(1) of this section, when considered within the totality of the	3070
circumstances. An application that is denied may be appealed using	3071
the procedure adopted pursuant to division (B) of section 3107.033	3072
of the Revised Code.	3073

(2) An application for adoption shall not be denied solely	3074
based on a summary report containing the information described	3075
under division (A)(2) or (3) of this section.	3076

Sec. 3107.10.        Sec. 3107.055.  (A) Notwithstanding section 3107.01	3077
of the Revised Code, as used in this section, "agency" does not	3078
include a public children services agency.	3079

(B) An agency or attorney, whichever arranges a minor's	3080
adoption, shall file with the court a preliminary estimate	3081
accounting not later than the time the adoption petition for the	3082
minor is filed with the court. The agency or attorney, whichever	3083
arranges the adoption, also shall file a final accounting with the	3084
court before a final decree of adoption is issued or an	3085
interlocutory order of adoption is finalized for the minor. The	3086
agency or attorney shall complete and file accountings in a manner	3087
acceptable to the court.	3088

An accounting shall specify all disbursements of anything of	3089
value the petitioner, a person on the petitioner's behalf, and the	3090
agency or attorney made and has agreed to make in connection with	3091
the minor's permanent surrender under division (B) of section	3092
5103.15 of the Revised Code, placement under section 5103.16 of	3093
the Revised Code, and adoption under this chapter. The agency or	3094
attorney shall include in an accounting an itemization of each	3095
expense listed in division (C) of this section. The itemization of	3096
the expenses specified in divisions (C)(3) and (4) of this section	3097
shall show the amount the agency or attorney charged or is going	3098
to charge for the services and the actual cost to the agency or	3099
attorney of providing the services. An accounting shall indicate	3100
whether any expenses listed in division (C) of this section do not	3101
apply to the adoption proceeding for which the accounting is	3102
filed.	3103

The agency or attorney shall include with a preliminary	3104
estimate accounting and a final accounting a written statement	3105
signed by the petitioner that the petitioner has reviewed the	3106
accounting and attests to its accuracy.	3107

(C) No petitioner, person acting on a petitioner's behalf, or	3108
agency or attorney shall make or agree to make any disbursements	3109
in connection with the minor's permanent surrender, placement, or	3110
adoption other than for the following:	3111

(1) Physician expenses incurred on behalf of the birth mother	3112
or minor in connection with prenatal care, delivery, and	3113
confinement prior to or following the minor's birth;	3114

(2) Hospital or other medical facility expenses incurred on	3115
behalf of the birth mother or minor in connection with the minor's	3116
birth;	3117

(3) Expenses charged by the attorney arranging the adoption	3118
for providing legal services in connection with the placement and	3119
adoption, including expenses incurred by the attorney pursuant to	3120
sections 3107.031, 3107.032, 3107.081, 3107.082, 3107.09,	3121
3107.101, and 3107.12 of the Revised Code;	3122

(4) Expenses charged by the agency arranging the adoption for	3123
providing services in connection with the permanent surrender and	3124
adoption, including the agency's application fee and the expenses	3125
incurred by the agency pursuant to sections 3107.031, 3107.032,	3126
3107.09, 3107.101, 3107.12, 5103.151, and 5103.152 of the Revised	3127
Code;	3128

(5) Temporary costs of routine maintenance and medical care	3129
for a minor required under section 5103.16 of the Revised Code if	3130
the person seeking to adopt the minor refuses to accept placement	3131
of the minor;	3132

(6) Guardian ad litem fees incurred on behalf of the minor in	3133
any court proceedings;	3134

(7) Foster care expenses incurred in connection with any	3135
temporary care and maintenance of the minor;	3136

(8) Court expenses incurred in connection with the minor's	3137
permanent surrender, placement, and adoption.	3138

(D) If a court determines from an accounting that an amount	3139
that is going to be disbursed for an expense listed in division	3140
(C) of this section is unreasonable, the court may order a	3141
reduction in the amount to be disbursed. If a court determines	3142
from an accounting that an unreasonable amount was disbursed for	3143
an expense listed in division (C) of this section, the court may	3144
order the person who received the disbursement to refund to the	3145
person who made the disbursement an amount the court orders.	3146

If a court determines from an accounting that a disbursement	3147
for an expense not permitted by division (C) of this section is	3148
going to be made, the court may issue an injunction prohibiting	3149
the disbursement. If a court determines from an accounting that a	3150
disbursement for an expense not permitted by division (C) of this	3151
section was made, the court may order the person who received the	3152
disbursement to return it to the person who made the disbursement.	3153

If a court determines that a final accounting does not	3154
completely report all the disbursements that are going to be made	3155
or have been made in connection with the minor's permanent	3156
surrender, placement, and adoption, the court shall order the	3157
agency or attorney to file with the court an accounting that	3158
completely reports all such disbursements.	3159

The agency or attorney shall file the final accounting with	3160
the court not later than ten days prior to the date scheduled for	3161
the final hearing on the adoption. The court may not issue a final	3162
decree of adoption or finalize an interlocutory order of adoption	3163
of a minor until at least ten days after the agency or attorney	3164
files the final accounting.	3165

(E) This section does not apply to an adoption by a	3166
stepparent whose spouse is a biological or adoptive parent of the	3167
minor.	3168

Sec. 3107.10.  (A)(1) A public children services agency	3169
arranging an adoption in a county other than the county where that	3170
public children services agency is located, private child placing	3171
agency, or private noncustodial agency, or an attorney arranging	3172
an adoption, shall notify the public children services agency in	3173
the county in which the prospective adoptive parent resides within	3174
ten days after initiation of a home study required under section	3175
3107.031 of the Revised Code.	3176

(2) After a public children services agency has received	3177
notification pursuant to division (A)(1) of this section, both the	3178
public children services agency arranging an adoption in a county	3179
other than the county where that public children services agency	3180
is located, private child placing agency, private noncustodial	3181
agency, or attorney arranging an adoption, and the public children	3182
services agency shall share relevant information regarding the	3183
prospective adoptive parent as soon as possible after initiation	3184
of the home study.	3185

(B) A public children services agency arranging an adoption	3186
in a county other than the county where that public children	3187
services agency is located, private child placing agency, or	3188
private noncustodial agency, or an attorney arranging an adoption,	3189
shall notify the public children services agency in the county in	3190
which the prospective adoptive parent resides of an impending	3191
adoptive placement not later than ten days prior to that	3192
placement. Notification shall include a description of the special	3193
needs and the age of the prospective adoptive child and the name	3194
of the prospective adoptive parent and number of children that	3195
will be residing in the prospective adoptive home when the	3196
prospective adoptive child is placed in the prospective adoptive	3197
home.	3198

(C) An agency or attorney sharing relevant information	3199
pursuant to this section is immune from liability in a civil	3200
action to recover damages for injury, death, or loss to person or	3201
property allegedly caused by any act or omission in connection	3202
with sharing relevant information unless the acts or omissions are	3203
with malicious purpose, in bad faith, or in a wanton or reckless	3204
manner.	3205

(D) The director of job and family services shall adopt rules	3206
in accordance with Chapter 119. of the Revised Code necessary for	3207
the implementation and execution of this section, including, but	3208
not limited to, a definition of "relevant information" for the	3209
purposes of division (A) of this section.	3210

(E) This section does not apply to an adoption by a	3211
stepparent whose spouse is a biological or adoptive parent of the	3212
minor to be adopted.	3213

Sec. 3107.101.  (A) Not later than seven days after a minor	3214
to be adopted is placed in a prospective adoptive home pursuant to	3215
section 5103.16 of the Revised Code, the assessor providing	3216
placement or post placement services in the prospective adoptive	3217
home shall conduct a prospective adoptive home visit in that home,	3218
every thirty days, until the court issues a final decree of	3219
adoption. During the prospective adoptive home visits, the	3220
assessor shall evaluate the progression of the placement in the	3221
prospective adoptive home. The assessor shall include the	3222
evaluation in the prefinalization assessment required under	3223
section 3107.12 of the Revised Code.	3224

(B) During the prospective home visit required under division	3225
(A) of this section, the assessor shall make face-to-face contact	3226
with the prospective adoptive parent and the minor to be adopted.	3227
The assessor shall make contact, as prescribed by rule under	3228
division (C) of this section, with all other children or adults	3229
residing in the prospective adoptive home.	3230

(C) The director of job and family services shall adopt rules	3231
in accordance with Chapter 119. of the Revised Code necessary for	3232
the implementation and execution of this section.	3233

(D) This section does not apply to an adoption by a	3234
stepparent whose spouse is a biological or adoptive parent of the	3235
minor to be adopted.	3236

Sec. 3107.12.  (A) Except as provided in division (B) of this	3237
section, an assessor shall conduct a prefinalization assessment of	3238
a minor and petitioner before a court issues a final decree of	3239
adoption or finalizes an interlocutory order of adoption for the	3240
minor. On completion of the assessment, the assessor shall prepare	3241
a written report of the assessment and provide a copy of the	3242
report to the court before which the adoption petition is pending.	3243

The report of a prefinalization assessment shall include all	3244
of the following:	3245

(1) The adjustment of the minor and the petitioner to the	3246
adoptive placement;	3247

(2) The present and anticipated needs of the minor and the	3248
petitioner, as determined by a review of the minor's medical and	3249
social history, for adoption-related services, including	3250
assistance under Title IV-E of the "Social Security Act," 94 Stat.	3251
501 (1980), 42 U.S.C.A. 670, as amended, or section 5153.163 of	3252
the Revised Code and counseling, case management services, crisis	3253
services, diagnostic services, and therapeutic counseling.	3254

(3) The physical, mental, and developmental condition of the	3255
minor;	3256

(4) If known, the minor's biological family background,	3257
including identifying information about the biological or other	3258
legal parents;	3259

(5) The reasons for the minor's placement with the	3260
petitioner, the petitioner's attitude toward the proposed	3261
adoption, and the circumstances under which the minor was placed	3262
in the home of the petitioner;	3263

(6) The attitude of the minor toward the proposed adoption,	3264
if the minor's age makes this feasible;	3265

(7) If the minor is an Indian child, as defined in 25	3266
U.S.C.A. 1903(4), how the placement complies with the "Indian	3267
Child Welfare Act of 1978," 92 Stat. 3069, 25 U.S.C.A. 1901, as	3268
amended;	3269

(8) If known, the minor's psychological background, including	3270
prior abuse of the child and behavioral problems of the child;	3271

(9) If applicable, the documents or forms required under	3272
sections 3107.032, 3107.10, and 3107.101 of the Revised Code.	3273

The assessor shall file the prefinalization report with the	3274
court not later than twenty days prior to the date scheduled for	3275
the final hearing on the adoption unless the court determines	3276
there is good cause for filing the report at a later date.	3277

The assessor shall provide a copy of the written report of	3278
the assessment to the petitioner with the identifying information	3279
about the biological or other legal parents redacted.	3280

(B) This section does not apply if the petitioner is the	3281
minor's stepparent, unless a court, after determining a	3282
prefinalization assessment is in the best interest of the minor,	3283
orders that an assessor conduct a prefinalization assessment.	3284

(C) The director of job and family services shall adopt rules	3285
in accordance with Chapter 119. of the Revised Code defining	3286
"counseling," "case management services," "crisis services,"	3287
"diagnostic services," and "therapeutic counseling" for the	3288
purpose of this section.	3289

Sec. 3107.14.  (A) The petitioner and the person sought to be	3290
adopted shall appear at the hearing on the petition, unless the	3291
presence of either is excused by the court for good cause shown.	3292

(B) The court may continue the hearing from time to time to	3293
permit further observation, investigation, or consideration of any	3294
facts or circumstances affecting the granting of the petition, and	3295
may examine the petitioners separate and apart from each other.	3296

(C) If, at the conclusion of the hearing, the court finds	3297
that the required consents have been obtained or excused and that	3298
the adoption is in the best interest of the person sought to be	3299
adopted as supported by the evidence, it may issue, subject to	3300
division (C)(1) of section 2151.86, section 3107.064, and division	3301
(E) of section 3107.09 of the Revised Code, and any other	3302
limitations specified in this chapter, a final decree of adoption	3303
or an interlocutory order of adoption, which by its own terms	3304
automatically becomes a final decree of adoption on a date	3305
specified in the order, which, except as provided in division (B)	3306
of section 3107.13 of the Revised Code, shall not be less than six	3307
months or more than one year from the date of issuance of the	3308
order, unless sooner vacated by the court for good cause shown. In	3309
determining whether the adoption is in the best interest of the	3310
person sought to be adopted, the court shall not consider the age	3311
of the petitioner if the petitioner is old enough to adopt as	3312
provided by section 3107.03 of the Revised Code.	3313

In an interlocutory order of adoption, the court shall	3314
provide for observation, investigation, and a further report on	3315
the adoptive home during the interlocutory period.	3316

(D) If the requirements for a decree under division (C) of	3317
this section have not been satisfied or the court vacates an	3318
interlocutory order of adoption, or if the court finds that a	3319
person sought to be adopted was placed in the home of the	3320
petitioner in violation of law, the court shall dismiss the	3321
petition and may determine the agency or person to have temporary	3322
or permanent custody of the person, which may include the agency	3323
or person that had custody prior to the filing of the petition or	3324
the petitioner, if the court finds it is in the best interest of	3325
the person as supported by the evidence, or if the person is a	3326
minor, the court may certify the case to the juvenile court of the	3327
county where the minor is then residing for appropriate action and	3328
disposition.	3329

(E) The issuance of a final decree or interlocutory order of	3330
adoption for an adult adoption under division (A)(4) of section	3331
3107.02 of the Revised Code shall not disqualify that adult for	3332
services under section 2151.82 or 2151.83 of the Revised Code.	3333

Sec. 3107.17.  (A) All hearings held under sections 3107.01	3334
to 3107.19 of the Revised Code shall be held in closed court	3335
without the admittance of any person other than essential officers	3336
of the court, the parties, the witnesses of the parties, counsel,	3337
persons who have not previously consented to an adoption but who	3338
are required to consent, and representatives of the agencies	3339
present to perform their official duties.	3340

(B)(1) Except as provided in divisions (B)(2) and (D) of this	3341
section and sections 3107.39 to 3107.44 and 3107.60 to 3107.68 of	3342
the Revised Code, no person or governmental entity shall knowingly	3343
reveal any information contained in a paper, book, or record	3344
pertaining to a placement under section 5103.16 of the Revised	3345
Code or to an adoption that is part of the permanent record of a	3346
court or maintained by the department of job and family services,	3347
an agency, or attorney without the consent of a court.	3348

(2) An agency or attorney may examine the agency's or	3349
attorney's own papers, books, and records pertaining to a	3350
placement oran adoption without a court's consent for official	3351
administrative purposes. The department of job and family services	3352
may examine its own papers, books, and records pertaining to a	3353
placement oran adoption, or such papers, books, and records of an	3354
agency, without a court's consent for official administrative,	3355
certification, and eligibility determination purposes.	3356

(C) The petition, the interlocutory order, the final decree	3357
of adoption, and other adoption proceedings shall be recorded in a	3358
book kept for such purposes and shall be separately indexed. The	3359
book shall be a part of the records of the court, and all	3360
consents, affidavits, and other papers shall be properly filed.	3361

(D) All forms that pertain to the social or medical histories	3362
of the biological parents of an adopted person and that were	3363
completed pursuant to section 3107.09 or 3107.091 of the Revised	3364
Code shall be filed only in the permanent record kept by the	3365
court. During the minority of the adopted person, only the	3366
adoptive parents of the person may inspect the forms. When an	3367
adopted person reaches majority, only the adopted person may	3368
inspect the forms. Under the circumstances described in this	3369
division, an adopted person or the adoptive parents are entitled	3370
to inspect the forms upon requesting the clerk of the court to	3371
produce them.	3372

(E)(1) The department of job and family services shall	3373
prescribe a form that permits any person who is authorized by	3374
division (D) of this section to inspect forms that pertain to the	3375
social or medical histories of the biological parents and that	3376
were completed pursuant to section 3107.09 or 3107.091 of the	3377
Revised Code to request notice if any correction or expansion of	3378
either such history, made pursuant to division (D) of section	3379
3107.09 of the Revised Code, is made a part of the permanent	3380
record kept by the court. The form shall be designed to facilitate	3381
the provision of the information and statements described in	3382
division (E)(3) of this section. The department shall provide	3383
copies of the form to each court. A court shall provide a copy of	3384
the request form to each adoptive parent when a final decree of	3385
adoption is entered and shall explain to each adoptive parent at	3386
that time that an adoptive parent who completes and files the form	3387
will be notified of any correction or expansion of either the	3388
social or medical history of the biological parents of the adopted	3389
person made during the minority of the adopted person that is made	3390
a part of the permanent record kept by the court, and that, during	3391
the adopted person's minority, the adopted person may inspect the	3392
forms that pertain to those histories. Upon request, the court	3393
also shall provide a copy of the request form to any adoptive	3394
parent during the minority of the adopted person and to an adopted	3395
person who has reached the age of majority.	3396

(2) Any person who is authorized to inspect forms pursuant to	3397
division (D) of this section who wishes to be notified of	3398
corrections or expansions pursuant to division (D) of section	3399
3107.09 of the Revised Code that are made a part of the permanent	3400
record kept by the court shall file with the court, on a copy of	3401
the form prescribed by the department of job and family services	3402
pursuant to division (E)(1) of this section, a request for such	3403
notification that contains the information and statements required	3404
by division (E)(3) of this section. A request may be filed at any	3405
time if the person who files the request is authorized at that	3406
time to inspect forms that pertain to the social or medical	3407
histories.	3408

(3) A request for notification as described in division	3409
(E)(2) of this section shall contain all of the following	3410
information:	3411

(a) The adopted person's name and mailing address at that	3412
time;	3413

(b) The name of each adoptive parent, and if the adoptive	3414
person is a minor at the time of the filing of the request, the	3415
mailing address of each adoptive parent at that time;	3416

(c) The adopted person's date of birth;

3417

(d) The date of entry of the final decree of adoption;

3418

(e) A statement requesting the court to notify the person who	3419
files the request, at the address provided in the request, if any	3420
correction or expansion of either the social or medical history of	3421
the biological parents is made a part of the permanent record kept	3422
by the court;	3423

(f) A statement that the person who files the request is	3424
authorized, at the time of the filing, to inspect the forms that	3425
pertain to the social and medical histories of the biological	3426
parents;	3427

(g) The signature of the person who files the request.

3428

(4) Upon the filing of a request for notification in	3429
accordance with division (E)(2) of this section, the clerk of the	3430
court in which it is filed immediately shall insert the request in	3431
the permanent record of the case. A person who has filed the	3432
request and who wishes to update it with respect to a new mailing	3433
address may inform the court in writing of the new address. Upon	3434
its receipt, the court promptly shall insert the new address into	3435
the permanent record by attaching it to the request. Thereafter,	3436
any notification described in this division shall be sent to the	3437
new address.	3438

(5) Whenever a social or medical history of a biological	3439
parent is corrected or expanded and the correction or expansion is	3440
made a part of the permanent record kept by the court, the court	3441
shall ascertain whether a request for notification has been filed	3442
in accordance with division (E)(2) of this section. If such a	3443
request has been filed, the court shall determine whether, at that	3444
time, the person who filed the request is authorized, under	3445
division (D) of this section, to inspect the forms that pertain to	3446
the social or medical history of the biological parents. If the	3447
court determines that the person who filed the request is so	3448
authorized, it immediately shall notify the person that the social	3449
or medical history has been corrected or expanded, that it has	3450
been made a part of the permanent record kept by the court, and	3451
that the forms that pertain to the records may be inspected in	3452
accordance with division (D) of this section.	3453

Sec. 3107.66.  (A) As used in this section, "adopted person,"	3454
"adoptive parent," "birth parent," and "birth sibling" have the	3455
same meanings as in section 3107.45 of the Revised Code:	3456

(1) "Adopted person" includes both an "adopted person" as	3457
defined in section 3107.39 of the Revised Code and an "adopted	3458
person" as defined in section 3107.45 of the Revised Code.	3459

(2) "Adoptive parent" means a person who adopted an adopted	3460
person.	3461

(3) "Birth parent" means the biological parent of an adopted	3462
person.	3463

(4) "Birth sibling" means a biological sibling of an adopted	3464
person.	3465

(B) An adopted person age eighteen or older, an adoptive	3466
parent of an adopted person under age eighteen, or an adoptive	3467
family member of a deceased adopted person may submit a written	3468
request to the agency or attorney who arranged the adopted	3469
person's adoption, or the probate court that finalized the adopted	3470
person's adoption, for the agency, attorney, or court to provide	3471
the adopted person, adoptive parent, or adoptive family member	3472
information about the adopted person's birth parent or birth	3473
sibling contained in the agency's, attorney's, or court's adoption	3474
records that is nonidentifying information. Except as provided in	3475
division (C) of this section, the agency, attorney, or court shall	3476
provide the adopted person, adoptive parent, or adoptive family	3477
member the information sought within a reasonable amount of time.	3478
The agency, attorney, or court may charge a reasonable fee for	3479
providing the information.	3480

A birth parent of an adopted person, a birth sibling age	3481
eighteen or older, or a birth family member of a deceased birth	3482
parent may submit a written request to the agency or attorney who	3483
arranged the adopted person's adoption, or the probate court that	3484
finalized the adoption, for the agency, attorney, or court to	3485
provide the birth parent, birth sibling, or birth family member	3486
information about the adopted person or adoptive parent contained	3487
in the agency's, attorney's, or court's adoption records that is	3488
nonidentifying information. Except as provided in division (C) of	3489
this section, the agency, attorney, or court shall provide the	3490
birth parent, birth sibling, or birth family member the	3491
information sought within a reasonable amount of time. The agency,	3492
attorney, or court may charge a reasonable fee for providing the	3493
information.	3494

(C) An agency or attorney that has permanently ceased to	3495
arrange adoptions is not subject to division (B) of this section.	3496
If the adoption records of such an agency or attorney are held by	3497
a probate court, person, or other governmental entity pursuant to	3498
section 3107.67 of the Revised Code, the adopted person, adoptive	3499
parent, adoptive family member, birth parent, birth sibling, or	3500
birth family member may submit the written request that otherwise	3501
would be submitted to the agency or attorney under division (B) of	3502
this section to the court, person, or other governmental entity	3503
that holds the records. On receipt of the request, the court,	3504
person, or other governmental entity shall provide the information	3505
that the agency or attorney would have been required to provide	3506
within a reasonable amount of time. The court, person, or other	3507
governmental entity may charge a reasonable fee for providing the	3508
information.	3509

(D) Prior to providing nonidentifying information pursuant to	3510
division (B) or (C) of this section, the person or governmental	3511
entity providing the information shall review the record to ensure	3512
that all identifying information about any person contained in the	3513
record is deleted.	3514

Sec. 3109.16.  The children's trust fund board, upon the	3515
recommendation of the director of job and family services, shall	3516
approve the employment of an executive director who will	3517
administer the programs of the board. The department of job and	3518
family services shall provide budgetary, procurement, accounting,	3519
and other related management functions for the board and may adopt	3520
rules in accordance with Chapter 119. of the Revised Code for	3521
these purposes. An amount not to exceed three per cent of the	3522
total amount of fees deposited in the children's trust fund in	3523
each fiscal year may be used for costs directly related to these	3524
administrative functions of the department. Each fiscal year, the	3525
board shall approve a budget for administrative expenditures for	3526
the next fiscal year.	3527

The board shall meet at least quarterly at the call of the	3528
chairperson to conduct its official business. All business	3529
transactions of the board shall be conducted in public meetings.	3530
Eight members of the board constitute a quorum. A majority of the	3531
board members is required to adopt the state plan for the	3532
allocation of funds from the children's trust fund. A majority of	3533
the quorum is required to make all other decisions of the board.	3534

The board may apply for and accept federal and other funds	3535
for the purpose of funding child abuse and child neglect	3536
prevention programs. In addition, the board may accept gifts and	3537
donations from any source, including individuals, philanthropic	3538
foundations or organizations, corporations, or corporation	3539
endowments. The acceptance and use of federal funds shall not	3540
entail any commitment or pledge of state funds, nor obligate the	3541
general assembly to continue the programs or activities for which	3542
the federal funds are made available. All funds received in the	3543
manner described in this section shall be transmitted to the	3544
treasurer of state, who shall credit them to the children's trust	3545
fund created in section 3109.14 of the Revised Code.	3546

Sec. 3109.17.  (A) For each fiscal biennium, the children's	3547
trust fund board shall establish a biennial state plan for	3548
comprehensive child abuse and child neglect prevention. The plan	3549
shall be transmitted to the governor, the president and minority	3550
leader of the senate, and the speaker and minority leader of the	3551
house of representatives and shall be made available to the	3552
general public. The board may define in the state plan the term	3553
"effective public notice." If the board does not define that term	3554
in the state plan, the board shall include in the state plan the	3555
definition of "effective public notice" specified in rules adopted	3556
by the department of job and family services.	3557

(B) In developing and carrying out the state plan, the	3558
children's trust fund board shall, in accordance with rules	3559
adopted by the department pursuant to Chapter 119. of the Revised	3560
Code, do all of the following:	3561

(1) Ensure that an opportunity exists for assistance through	3562
child abuse and child neglect prevention programs to persons	3563
throughout the state of various social and economic backgrounds;	3564

(2) Before the thirtieth day of October of each year, notify	3565
each child abuse and child neglect prevention advisory board of	3566
the amount estimated to be allocated to that advisory board for	3567
the following fiscal year;	3568

(3) Develop criteria for county or district local allocation	3569
plans, including criteria for determining the plans'	3570
effectiveness;	3571

(4) Review, and approve or disapprove, county or district	3572
local allocation plans, as described in section 3109.171 of the	3573
Revised Code;	3574

(5) Allocate funds to each child abuse and child neglect	3575
prevention advisory board for the purpose of funding child abuse	3576
and child neglect prevention programs. Funds shall be allocated	3577
among advisory boards according to a formula based on the ratio of	3578
the number of children under age eighteen in the county or	3579
multicounty district to the number of children under age eighteen	3580
in the state, as shown in the most recent federal decennial census	3581
of population. Subject to the availability of funds and except as	3582
provided in section 3109.171 of the Revised Code, each advisory	3583
board shall receive a minimum of ten thousand dollars per fiscal	3584
year. In the case of an advisory board that serves a multicounty	3585
district, the advisory board shall receive, subject to available	3586
funds and except as provided in section 3109.171 of the Revised	3587
Code, a minimum of ten thousand dollars per fiscal year for each	3588
county in the district. Funds shall be disbursed to the advisory	3589
boards twice annually. At least fifty per cent of the funds	3590
allocated to an advisory board for a fiscal year shall be	3591
disbursed to the advisory board not later than the thirtieth day	3592
of September. The remainder of the funds allocated to the	3593
advisory board for that fiscal year shall be disbursed before the	3594
thirty-first day of March.	3595

The board shall specify the criteria child abuse and child	3596
neglect prevention advisory boards are to use in reviewing	3597
applications under division (F)(3) of section 3109.18 of the	3598
Revised Code.	3599

(6) Allocate funds to entities other than child abuse and	3600
child neglect prevention advisory boards for the purpose of	3601
funding child abuse and child neglect prevention programs that	3602
have statewide significance and that have been approved by the	3603
children's trust fund board;	3604

(7) Provide for the monitoring of expenditures from the	3605
children's trust fund and of programs that receive money from the	3606
children's trust fund;	3607

(8) Establish reporting requirements for advisory boards;

3608

(9) Collaborate with appropriate persons and government	3609
entities and facilitate the exchange of information among those	3610
persons and entities for the purpose of child abuse and child	3611
neglect prevention;	3612

(10) Provide for the education of the public and	3613
professionals for the purpose of child abuse and child neglect	3614
prevention;	3615

(11) Create and provide to each advisory board a children's	3616
trust fund grant application form;	3617

(12) Specify the information to be included in a semi-annual	3618
semiannual and an annual report completed by a children's advocacy	3619
center for which a child abuse and child neglect prevention	3620
advisory board uses funds allocated to the advisory board under	3621
section 3109.172 of the Revised Code, and each other person or	3622
entity that is a recipient of a children's trust fund grant under	3623
division (K)(1) of section 3109.18 of the Revised Code.	3624

(C) The children's trust fund board shall prepare a report	3625
for each fiscal biennium that delineates the expenditure of money	3626
from the children's trust fund. On or before January 1, 2002, and	3627
on or before the first day of January of a year that follows the	3628
end of a fiscal biennium of this state, the board shall file a	3629
copy of the report with the governor, the president and minority	3630
leader of the senate, and the speaker and minority leader of the	3631
house of representatives.	3632

(D) The children's trust fund board shall develop a list of	3633
all state and federal sources of funding that might be available	3634
for establishing, operating, or establishing and operating a	3635
children's advocacy center under sections 2151.425 to 2151.428 of	3636
the Revised Code. The board periodically shall update the list as	3637
necessary. The board shall maintain, or provide for the	3638
maintenance of, the list at an appropriate location. That location	3639
may be the offices of the department of job and family services.	3640
The board shall provide the list upon request to any children's	3641
advocacy center or to any person or entity identified in section	3642
2151.426 of the Revised Code as a person or entity that may	3643
participate in the establishment of a children's advocacy center.	3644

Sec. 3313.64.  (A) As used in this section and in section	3645
3313.65 of the Revised Code:	3646

(1)(a) Except as provided in division (A)(1)(b) of this	3647
section, "parent" means either parent, unless the parents are	3648
separated or divorced or their marriage has been dissolved or	3649
annulled, in which case "parent" means the parent who is the	3650
residential parent and legal custodian of the child. When a child	3651
is in the legal custody of a government agency or a person other	3652
than the child's natural or adoptive parent, "parent" means the	3653
parent with residual parental rights, privileges, and	3654
responsibilities. When a child is in the permanent custody of a	3655
government agency or a person other than the child's natural or	3656
adoptive parent, "parent" means the parent who was divested of	3657
parental rights and responsibilities for the care of the child and	3658
the right to have the child live with the parent and be the legal	3659
custodian of the child and all residual parental rights,	3660
privileges, and responsibilities.	3661

(b) When a child is the subject of a power of attorney	3662
executed under sections 3109.51 to 3109.62 of the Revised Code,	3663
"parent" means the grandparent designated as attorney in fact	3664
under the power of attorney. When a child is the subject of a	3665
caretaker authorization affidavit executed under sections 3109.64	3666
to 3109.73 of the Revised Code, "parent" means the grandparent	3667
that executed the affidavit.	3668

(2) "Legal custody," "permanent custody," and "residual	3669
parental rights, privileges, and responsibilities" have the same	3670
meanings as in section 2151.011 of the Revised Code.	3671

(3) "School district" or "district" means a city, local, or	3672
exempted village school district and excludes any school operated	3673
in an institution maintained by the department of youth services.	3674

(4) Except as used in division (C)(2) of this section, "home"	3675
means a home, institution, foster home, group home, or other	3676
residential facility in this state that receives and cares for	3677
children, to which any of the following applies:	3678

(a) The home is licensed, certified, or approved for such	3679
purpose by the state or is maintained by the department of youth	3680
services.	3681

(b) The home is operated by a person who is licensed,	3682
certified, or approved by the state to operate the home for such	3683
purpose.	3684

(c) The home accepted the child through a placement by a	3685
person licensed, certified, or approved to place a child in such a	3686
home by the state.	3687

(d) The home is a children's home created under section	3688
5153.21 or 5153.36 of the Revised Code.	3689

(5) "Agency" means all of the following:

3690

(a) A public children services agency;

3691

(b) An organization that holds a certificate issued by the	3692
Ohio department of job and family services in accordance with the	3693
requirements of section 5103.03 of the Revised Code and assumes	3694
temporary or permanent custody of children through commitment,	3695
agreement, or surrender, and places children in family homes for	3696
the purpose of adoption;	3697

(c) Comparable agencies of other states or countries that	3698
have complied with applicable requirements of section 2151.39, or	3699
sections 5103.20 to 5103.285103.22 of the Revised Code.	3700

(6) A child is placed for adoption if either of the following	3701
occurs:	3702

(a) An agency to which the child has been permanently	3703
committed or surrendered enters into an agreement with a person	3704
pursuant to section 5103.16 of the Revised Code for the care and	3705
adoption of the child.	3706

(b) The child's natural parent places the child pursuant to	3707
section 5103.16 of the Revised Code with a person who will care	3708
for and adopt the child.	3709

(7) "Handicapped preschool child" means a handicapped child,	3710
as defined by division (A) of section 3323.01 of the Revised Code,	3711
who is at least three years of age but is not of compulsory school	3712
age, as defined in section 3321.01 of the Revised Code, and who is	3713
not currently enrolled in kindergarten.	3714

(8) "Child," unless otherwise indicated, includes handicapped	3715
preschool children.	3716

(9) "Active duty" means active duty pursuant to an executive	3717
order of the president of the United States, an act of the	3718
congress of the United States, or section 5919.29 or 5923.21 of	3719
the Revised Code.	3720

(B) Except as otherwise provided in section 3321.01 of the	3721
Revised Code for admittance to kindergarten and first grade, a	3722
child who is at least five but under twenty-two years of age and	3723
any handicapped preschool child shall be admitted to school as	3724
provided in this division.	3725

(1) A child shall be admitted to the schools of the school	3726
district in which the child's parent resides.	3727

(2) A child who does not reside in the district where the	3728
child's parent resides shall be admitted to the schools of the	3729
district in which the child resides if any of the following	3730
applies:	3731

(a) The child is in the legal or permanent custody of a	3732
government agency or a person other than the child's natural or	3733
adoptive parent.	3734

(b) The child resides in a home.

3735

(c) The child requires special education.

3736

(3) A child who is not entitled under division (B)(2) of this	3737
section to be admitted to the schools of the district where the	3738
child resides and who is residing with a resident of this state	3739
with whom the child has been placed for adoption shall be admitted	3740
to the schools of the district where the child resides unless	3741
either of the following applies:	3742

(a) The placement for adoption has been terminated.

3743

(b) Another school district is required to admit the child	3744
under division (B)(1) of this section.	3745

Division (B) of this section does not prohibit the board of	3746
education of a school district from placing a handicapped child	3747
who resides in the district in a special education program outside	3748
of the district or its schools in compliance with Chapter 3323. of	3749
the Revised Code.	3750

(C) A district shall not charge tuition for children admitted	3751
under division (B)(1) or (3) of this section. If the district	3752
admits a child under division (B)(2) of this section, tuition	3753
shall be paid to the district that admits the child as follows:	3754

(1) If the child receives special education in accordance	3755
with Chapter 3323. of the Revised Code, the school district of	3756
residence, as defined in section 3323.01 of the Revised Code,	3757
shall pay tuition for the child in accordance with section	3758
3323.091, 3323.13, 3323.14, or 3323.141 of the Revised Code	3759
regardless of who has custody of the child or whether the child	3760
resides in a home.	3761

(2) For a child that does not receive special education in	3762
accordance with Chapter 3323. of the Revised Code, except as	3763
otherwise provided in division (C)(2)(d) of this section, if the	3764
child is in the permanent or legal custody of a government agency	3765
or person other than the child's parent, tuition shall be paid by:	3766

(a) The district in which the child's parent resided at the	3767
time the court removed the child from home or at the time the	3768
court vested legal or permanent custody of the child in the person	3769
or government agency, whichever occurred first;	3770

(b) If the parent's residence at the time the court removed	3771
the child from home or placed the child in the legal or permanent	3772
custody of the person or government agency is unknown, tuition	3773
shall be paid by the district in which the child resided at the	3774
time the child was removed from home or placed in legal or	3775
permanent custody, whichever occurred first;	3776

(c) If a school district cannot be established under division	3777
(C)(2)(a) or (b) of this section, tuition shall be paid by the	3778
district determined as required by section 2151.357 of the Revised	3779
Code by the court at the time it vests custody of the child in the	3780
person or government agency;	3781

(d) If at the time the court removed the child from home or	3782
vested legal or permanent custody of the child in the person or	3783
government agency, whichever occurred first, one parent was in a	3784
residential or correctional facility or a juvenile residential	3785
placement and the other parent, if living and not in such a	3786
facility or placement, was not known to reside in this state,	3787
tuition shall be paid by the district determined under division	3788
(D) of section 3313.65 of the Revised Code as the district	3789
required to pay any tuition while the parent was in such facility	3790
or placement;	3791

(e) If the court has modified its order as to which district	3792
is responsible to bear the cost of educating the child pursuant to	3793
division (A)(2) of section 2151.357 of the Revised Code, the	3794
district determined to be responsible for that cost in the order	3795
so modified.	3796

(3) If the child is not in the permanent or legal custody of	3797
a government agency or person other than the child's parent and	3798
the child resides in a home, tuition shall be paid by one of the	3799
following:	3800

(a) The school district in which the child's parent resides;

3801

(b) If the child's parent is not a resident of this state,	3802
the home in which the child resides.	3803

(D) Tuition required to be paid under divisions (C)(2) and	3804
(3)(a) of this section shall be computed in accordance with	3805
section 3317.08 of the Revised Code. Tuition required to be paid	3806
under division (C)(3)(b) of this section shall be computed in	3807
accordance with section 3317.081 of the Revised Code. If a home	3808
fails to pay the tuition required by division (C)(3)(b) of this	3809
section, the board of education providing the education may	3810
recover in a civil action the tuition and the expenses incurred in	3811
prosecuting the action, including court costs and reasonable	3812
attorney's fees. If the prosecuting attorney or city director of	3813
law represents the board in such action, costs and reasonable	3814
attorney's fees awarded by the court, based upon the prosecuting	3815
attorney's, director's, or one of their designee's time spent	3816
preparing and presenting the case, shall be deposited in the	3817
county or city general fund.	3818

(E) A board of education may enroll a child free of any	3819
tuition obligation for a period not to exceed sixty days, on the	3820
sworn statement of an adult resident of the district that the	3821
resident has initiated legal proceedings for custody of the child.	3822

(F) In the case of any individual entitled to attend school	3823
under this division, no tuition shall be charged by the school	3824
district of attendance and no other school district shall be	3825
required to pay tuition for the individual's attendance.	3826
Notwithstanding division (B), (C), or (E) of this section:	3827

(1) All persons at least eighteen but under twenty-two years	3828
of age who live apart from their parents, support themselves by	3829
their own labor, and have not successfully completed the high	3830
school curriculum or the individualized education program	3831
developed for the person by the high school pursuant to section	3832
3323.08 of the Revised Code, are entitled to attend school in the	3833
district in which they reside.	3834

(2) Any child under eighteen years of age who is married is	3835
entitled to attend school in the child's district of residence.	3836

(3) A child is entitled to attend school in the district in	3837
which either of the child's parents is employed if the child has a	3838
medical condition that may require emergency medical attention.	3839
The parent of a child entitled to attend school under division	3840
(F)(3) of this section shall submit to the board of education of	3841
the district in which the parent is employed a statement from the	3842
child's physician certifying that the child's medical condition	3843
may require emergency medical attention. The statement shall be	3844
supported by such other evidence as the board may require.	3845

(4) Any child residing with a person other than the child's	3846
parent is entitled, for a period not to exceed twelve months, to	3847
attend school in the district in which that person resides if the	3848
child's parent files an affidavit with the superintendent of the	3849
district in which the person with whom the child is living resides	3850
stating all of the following:	3851

(a) That the parent is serving outside of the state in the	3852
armed services of the United States;	3853

(b) That the parent intends to reside in the district upon	3854
returning to this state;	3855

(c) The name and address of the person with whom the child is	3856
living while the parent is outside the state.	3857

(5) Any child under the age of twenty-two years who, after	3858
the death of a parent, resides in a school district other than the	3859
district in which the child attended school at the time of the	3860
parent's death is entitled to continue to attend school in the	3861
district in which the child attended school at the time of the	3862
parent's death for the remainder of the school year, subject to	3863
approval of that district board.	3864

(6) A child under the age of twenty-two years who resides	3865
with a parent who is having a new house built in a school district	3866
outside the district where the parent is residing is entitled to	3867
attend school for a period of time in the district where the new	3868
house is being built. In order to be entitled to such attendance,	3869
the parent shall provide the district superintendent with the	3870
following:	3871

(a) A sworn statement explaining the situation, revealing the	3872
location of the house being built, and stating the parent's	3873
intention to reside there upon its completion;	3874

(b) A statement from the builder confirming that a new house	3875
is being built for the parent and that the house is at the	3876
location indicated in the parent's statement.	3877

(7) A child under the age of twenty-two years residing with a	3878
parent who has a contract to purchase a house in a school district	3879
outside the district where the parent is residing and who is	3880
waiting upon the date of closing of the mortgage loan for the	3881
purchase of such house is entitled to attend school for a period	3882
of time in the district where the house is being purchased. In	3883
order to be entitled to such attendance, the parent shall provide	3884
the district superintendent with the following:	3885

(a) A sworn statement explaining the situation, revealing the	3886
location of the house being purchased, and stating the parent's	3887
intent to reside there;	3888

(b) A statement from a real estate broker or bank officer	3889
confirming that the parent has a contract to purchase the house,	3890
that the parent is waiting upon the date of closing of the	3891
mortgage loan, and that the house is at the location indicated in	3892
the parent's statement.	3893

The district superintendent shall establish a period of time	3894
not to exceed ninety days during which the child entitled to	3895
attend school under division (F)(6) or (7) of this section may	3896
attend without tuition obligation. A student attending a school	3897
under division (F)(6) or (7) of this section shall be eligible to	3898
participate in interscholastic athletics under the auspices of	3899
that school, provided the board of education of the school	3900
district where the student's parent resides, by a formal action,	3901
releases the student to participate in interscholastic athletics	3902
at the school where the student is attending, and provided the	3903
student receives any authorization required by a public agency or	3904
private organization of which the school district is a member	3905
exercising authority over interscholastic sports.	3906

(8) A child whose parent is a full-time employee of a city,	3907
local, or exempted village school district, or of an educational	3908
service center, may be admitted to the schools of the district	3909
where the child's parent is employed, or in the case of a child	3910
whose parent is employed by an educational service center, in the	3911
district that serves the location where the parent's job is	3912
primarily located, provided the district board of education	3913
establishes such an admission policy by resolution adopted by a	3914
majority of its members. Any such policy shall take effect on the	3915
first day of the school year and the effective date of any	3916
amendment or repeal may not be prior to the first day of the	3917
subsequent school year. The policy shall be uniformly applied to	3918
all such children and shall provide for the admission of any such	3919
child upon request of the parent. No child may be admitted under	3920
this policy after the first day of classes of any school year.	3921

(9) A child who is with the child's parent under the care of	3922
a shelter for victims of domestic violence, as defined in section	3923
3113.33 of the Revised Code, is entitled to attend school free in	3924
the district in which the child is with the child's parent, and no	3925
other school district shall be required to pay tuition for the	3926
child's attendance in that school district.	3927

The enrollment of a child in a school district under this	3928
division shall not be denied due to a delay in the school	3929
district's receipt of any records required under section 3313.672	3930
of the Revised Code or any other records required for enrollment.	3931
Any days of attendance and any credits earned by a child while	3932
enrolled in a school district under this division shall be	3933
transferred to and accepted by any school district in which the	3934
child subsequently enrolls. The state board of education shall	3935
adopt rules to ensure compliance with this division.	3936

(10) Any child under the age of twenty-two years whose parent	3937
has moved out of the school district after the commencement of	3938
classes in the child's senior year of high school is entitled,	3939
subject to the approval of that district board, to attend school	3940
in the district in which the child attended school at the time of	3941
the parental move for the remainder of the school year and for one	3942
additional semester or equivalent term. A district board may also	3943
adopt a policy specifying extenuating circumstances under which a	3944
student may continue to attend school under division (F)(10) of	3945
this section for an additional period of time in order to	3946
successfully complete the high school curriculum for the	3947
individualized education program developed for the student by the	3948
high school pursuant to section 3323.08 of the Revised Code.	3949

(11) As used in this division, "grandparent" means a parent	3950
of a parent of a child. A child under the age of twenty-two years	3951
who is in the custody of the child's parent, resides with a	3952
grandparent, and does not require special education is entitled to	3953
attend the schools of the district in which the child's	3954
grandparent resides, provided that, prior to such attendance in	3955
any school year, the board of education of the school district in	3956
which the child's grandparent resides and the board of education	3957
of the school district in which the child's parent resides enter	3958
into a written agreement specifying that good cause exists for	3959
such attendance, describing the nature of this good cause, and	3960
consenting to such attendance.	3961

In lieu of a consent form signed by a parent, a board of	3962
education may request the grandparent of a child attending school	3963
in the district in which the grandparent resides pursuant to	3964
division (F)(11) of this section to complete any consent form	3965
required by the district, including any authorization required by	3966
sections 3313.712, 3313.713, and 3313.716 of the Revised Code.	3967
Upon request, the grandparent shall complete any consent form	3968
required by the district. A school district shall not incur any	3969
liability solely because of its receipt of a consent form from a	3970
grandparent in lieu of a parent.	3971

Division (F)(11) of this section does not create, and shall	3972
not be construed as creating, a new cause of action or substantive	3973
legal right against a school district, a member of a board of	3974
education, or an employee of a school district. This section does	3975
not affect, and shall not be construed as affecting, any	3976
immunities from defenses to tort liability created or recognized	3977
by Chapter 2744. of the Revised Code for a school district,	3978
member, or employee.	3979

(12) A child under the age of twenty-two years is entitled to	3980
attend school in a school district other than the district in	3981
which the child is entitled to attend school under division (B),	3982
(C), or (E) of this section provided that, prior to such	3983
attendance in any school year, both of the following occur:	3984

(a) The superintendent of the district in which the child is	3985
entitled to attend school under division (B), (C), or (E) of this	3986
section contacts the superintendent of another district for	3987
purposes of this division;	3988

(b) The superintendents of both districts enter into a	3989
written agreement that consents to the attendance and specifies	3990
that the purpose of such attendance is to protect the student's	3991
physical or mental well-being or to deal with other extenuating	3992
circumstances deemed appropriate by the superintendents.	3993

While an agreement is in effect under this division for a	3994
student who is not receiving special education under Chapter 3323.	3995
of the Revised Code and notwithstanding Chapter 3327. of the	3996
Revised Code, the board of education of neither school district	3997
involved in the agreement is required to provide transportation	3998
for the student to and from the school where the student attends.	3999

A student attending a school of a district pursuant to this	4000
division shall be allowed to participate in all student	4001
activities, including interscholastic athletics, at the school	4002
where the student is attending on the same basis as any student	4003
who has always attended the schools of that district while of	4004
compulsory school age.	4005

(13) All school districts shall comply with the	4006
"McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et	4007
seq., for the education of homeless children. Each city, local,	4008
and exempted village school district shall comply with the	4009
requirements of that act governing the provision of a free,	4010
appropriate public education, including public preschool, to each	4011
homeless child.	4012

When a child loses permanent housing and becomes a homeless	4013
person, as defined in 42 U.S.C.A. 11481(5), or when a child who is	4014
such a homeless person changes temporary living arrangements, the	4015
child's parent or guardian shall have the option of enrolling the	4016
child in either of the following:	4017

(a) The child's school of origin, as defined in 42 U.S.C.A.	4018
11432(g)(3)(C);	4019

(b) The school that is operated by the school district in	4020
which the shelter where the child currently resides is located and	4021
that serves the geographic area in which the shelter is located.	4022

(14) A child under the age of twenty-two years who resides	4023
with a person other than the child's parent is entitled to attend	4024
school in the school district in which that person resides if both	4025
of the following apply:	4026

(a) That person has been appointed, through a military power	4027
of attorney executed under section 574(a) of the "National Defense	4028
Authorization Act for Fiscal Year 1994," 107 Stat. 1674 (1993), 10	4029
U.S.C. 1044b, or through a comparable document necessary to	4030
complete a family care plan, as the parent's agent for the care,	4031
custody, and control of the child while the parent is on active	4032
duty as a member of the national guard or a reserve unit of the	4033
armed forces of the United States or because the parent is a	4034
member of the armed forces of the United States and is on a duty	4035
assignment away from the parent's residence.	4036

(b) The military power of attorney or comparable document	4037
includes at least the authority to enroll the child in school.	4038

The entitlement to attend school in the district in which the	4039
parent's agent under the military power of attorney or comparable	4040
document resides applies until the end of the school year in which	4041
the military power of attorney or comparable document expires.	4042

(G) A board of education, after approving admission, may	4043
waive tuition for students who will temporarily reside in the	4044
district and who are either of the following:	4045

(1) Residents or domiciliaries of a foreign nation who	4046
request admission as foreign exchange students;	4047

(2) Residents or domiciliaries of the United States but not	4048
of Ohio who request admission as participants in an exchange	4049
program operated by a student exchange organization.	4050

(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 3323.04,	4051
3327.04, and 3327.06 of the Revised Code, a child may attend	4052
school or participate in a special education program in a school	4053
district other than in the district where the child is entitled to	4054
attend school under division (B) of this section.	4055

(I)(1) Notwithstanding anything to the contrary in this	4056
section or section 3313.65 of the Revised Code, a child under	4057
twenty-two years of age may attend school in the school district	4058
in which the child, at the end of the first full week of October	4059
of the school year, was entitled to attend school as otherwise	4060
provided under this section or section 3313.65 of the Revised	4061
Code, if at that time the child was enrolled in the schools of the	4062
district but since that time the child or the child's parent has	4063
relocated to a new address located outside of that school district	4064
and within the same county as the child's or parent's address	4065
immediately prior to the relocation. The child may continue to	4066
attend school in the district, and at the school to which the	4067
child was assigned at the end of the first full week of October of	4068
the current school year, for the balance of the school year.	4069
Division (I)(1) of this section applies only if both of the	4070
following conditions are satisfied:	4071

(a) The board of education of the school district in which	4072
the child was entitled to attend school at the end of the first	4073
full week in October and of the district to which the child or	4074
child's parent has relocated each has adopted a policy to enroll	4075
children described in division (I)(1) of this section.	4076

(b) The child's parent provides written notification of the	4077
relocation outside of the school district to the superintendent of	4078
each of the two school districts.	4079

(2) At the beginning of the school year following the school	4080
year in which the child or the child's parent relocated outside of	4081
the school district as described in division (I)(1) of this	4082
section, the child is not entitled to attend school in the school	4083
district under that division.	4084

(3) Any person or entity owing tuition to the school district	4085
on behalf of the child at the end of the first full week in	4086
October, as provided in division (C) of this section, shall	4087
continue to owe such tuition to the district for the child's	4088
attendance under division (I)(1) of this section for the lesser of	4089
the balance of the school year or the balance of the time that the	4090
child attends school in the district under division (I)(1) of this	4091
section.	4092

(4) A pupil who may attend school in the district under	4093
division (I)(1) of this section shall be entitled to	4094
transportation services pursuant to an agreement between the	4095
district and the district in which the child or child's parent has	4096
relocated unless the districts have not entered into such	4097
agreement, in which case the child shall be entitled to	4098
transportation services in the same manner as a pupil attending	4099
school in the district under interdistrict open enrollment as	4100
described in division (H) of section 3313.981 of the Revised Code,	4101
regardless of whether the district has adopted an open enrollment	4102
policy as described in division (B)(1)(b) or (c) of section	4103
3313.98 of the Revised Code.	4104

(J) This division does not apply to a child receiving special	4105
education.	4106

A school district required to pay tuition pursuant to	4107
division (C)(2) or (3) of this section or section 3313.65 of the	4108
Revised Code shall have an amount deducted under division (F) of	4109
section 3317.023 of the Revised Code equal to its own tuition rate	4110
for the same period of attendance. A school district entitled to	4111
receive tuition pursuant to division (C)(2) or (3) of this section	4112
or section 3313.65 of the Revised Code shall have an amount	4113
credited under division (F) of section 3317.023 of the Revised	4114
Code equal to its own tuition rate for the same period of	4115
attendance. If the tuition rate credited to the district of	4116
attendance exceeds the rate deducted from the district required to	4117
pay tuition, the department of education shall pay the district of	4118
attendance the difference from amounts deducted from all	4119
districts' payments under division (F) of section 3317.023 of the	4120
Revised Code but not credited to other school districts under such	4121
division and from appropriations made for such purpose. The	4122
treasurer of each school district shall, by the fifteenth day of	4123
January and July, furnish the superintendent of public instruction	4124
a report of the names of each child who attended the district's	4125
schools under divisions (C)(2) and (3) of this section or section	4126
3313.65 of the Revised Code during the preceding six calendar	4127
months, the duration of the attendance of those children, the	4128
school district responsible for tuition on behalf of the child,	4129
and any other information that the superintendent requires.	4130

Upon receipt of the report the superintendent, pursuant to	4131
division (F) of section 3317.023 of the Revised Code, shall deduct	4132
each district's tuition obligations under divisions (C)(2) and (3)	4133
of this section or section 3313.65 of the Revised Code and pay to	4134
the district of attendance that amount plus any amount required to	4135
be paid by the state.	4136

(K) In the event of a disagreement, the superintendent of	4137
public instruction shall determine the school district in which	4138
the parent resides.	4139

(L) Nothing in this section requires or authorizes, or shall	4140
be construed to require or authorize, the admission to a public	4141
school in this state of a pupil who has been permanently excluded	4142
from public school attendance by the superintendent of public	4143
instruction pursuant to sections 3301.121 and 3313.662 of the	4144
Revised Code.	4145

(M) In accordance with division (B)(1) of this section, a	4146
child whose parent is a member of the national guard or a reserve	4147
unit of the armed forces of the United States and is called to	4148
active duty, or a child whose parent is a member of the armed	4149
forces of the United States and is ordered to a temporary duty	4150
assignment outside of the district, may continue to attend school	4151
in the district in which the child's parent lived before being	4152
called to active duty or ordered to a temporary duty assignment	4153
outside of the district, as long as the child's parent continues	4154
to be a resident of that district, and regardless of where the	4155
child lives as a result of the parent's active duty status or	4156
temporary duty assignment. However, the district is not	4157
responsible for providing transportation for the child if the	4158
child lives outside of the district as a result of the parent's	4159
active duty status or temporary duty assignment.	4160

Sec. 5101.13. (A) The department of job and family services	4161
shall establish and maintain a uniform statewide automated child	4162
welfare information system in accordance with the requirements of	4163
42 U.S.C.A. 674(a)(3)(C) and related federal regulations and	4164
guidelines. The information system shall contain records regarding	4165
any of the following:	4166

(1) Investigations of children and families, and children's	4167
care in out-of-home care, in accordance with sections 2151.421 and	4168
5153.16 of the Revised Code;	4169

(2) Care and treatment provided to children and families;

4170

(3) Any other information related to children and families	4171
that state or federal law, regulation, or rule requires the	4172
department or a public children services agency to maintain.	4173

(B) The department shall plan implementation of the	4174
information system on a county by county basis and shall finalize	4175
statewide implementation not later than January 1, 2008.	4176

(C) The department shall promptly notify all public children	4177
services agencies of the initiation and completion of statewide	4178
implementation of the statewide information system established	4179
under division (A) of this section.	4180

(D) "Out-of-home care" has the same meaning as in section	4181
2151.011 of the Revised Code.	4182

Sec. 5101.131.  Except as provided in section 5101.132 of the	4183
Revised Code, information contained in or obtained from the	4184
information system established and maintained under section	4185
5101.13 of the Revised Code is confidential and is not subject to	4186
disclosure pursuant to section 149.43 or 1347.08 of the Revised	4187
Code.	4188

Sec. 5101.132.  Information contained in the information	4189
system established and maintained under section 5101.13 of the	4190
Revised Code may be accessed only as follows:	4191

(A) The department of job and family services and a public	4192
children services agency may access the information when either of	4193
the following is the case:	4194

(1) The access is directly connected with assessment,	4195
investigation, or services regarding a child or family;	4196

(2) The access is permitted by state or federal law, rule, or	4197
regulation.	4198

(B) A person may access the information in a manner, to the	4199
extent, and for the purposes authorized by rules adopted by the	4200
department.	4201

Sec. 5101.133.  No person shall access or use information	4202
contained in the information system established and maintained	4203
under section 5101.13 of the Revised Code other than in accordance	4204
with section 5101.132 of the Revised Code or rules authorized by	4205
that section.	4206

No person shall disclose information obtained from the	4207
information system established and maintained under section	4208
5101.13 of the Revised Code in a manner not specified by rules	4209
authorized by section 5101.134 of the Revised Code.	4210

Sec. 5101.134. (A) Notwithstanding any provision of the	4211
Revised Code that requires confidentiality of information that is	4212
contained in the uniform statewide automated child welfare	4213
information system established in section 5101.13 of the Revised	4214
Code, the department of job and family services shall adopt rules	4215
in accordance with Chapter 119. of the Revised Code regarding a	4216
private child placing agency's or private noncustodial agency's	4217
access, data entry, and use of information in the uniform	4218
statewide automated child welfare information system.	4219

(B)(1) The department of job and family services may adopt	4220
rules in accordance with section 111.15 of the Revised Code, as if	4221
they were internal management rules, as necessary to carry out the	4222
purposes of sections 5101.13 to 5101.133 of the Revised Code.	4223

(2) The department may adopt rules in accordance with Chapter	4224
119. of the Revised Code as necessary to carry out the purposes of	4225
division (B) of section 5101.132 of the Revised Code.	4226

(C) Public children services agencies shall implement and use	4227
the information system established pursuant to section 5101.13 of	4228
the Revised Code in accordance with rules adopted by the	4229
department.	4230

Sec. 5101.141.  (A) As used in sections 5101.141 to 5101.1410	4231
of the Revised Code, "Title IV-E" means Title IV-E of the "Social	4232
Security Act," 94 Stat. 501, 42 U.S.C. 670 (1980), as amended.	4233

(B) The department of job and family services shall act as	4234
the single state agency to administer federal payments for foster	4235
care and adoption assistance made pursuant to Title IV-E. The	4236
director of job and family services shall adopt rules to implement	4237
this authority. Rules governing financial and administrative	4238
requirements applicable to public children services agencies and	4239
government entities that provide Title IV-E reimbursable placement	4240
services to children shall be adopted in accordance with section	4241
111.15 of the Revised Code, as if they were internal management	4242
rules. Rules governing requirements applicable to private child	4243
placing agencies and private noncustodial agencies and rules	4244
establishing eligibility, program participation, and other	4245
requirements concerning Title IV-E shall be adopted in accordance	4246
with Chapter 119. of the Revised Code. A public children services	4247
agency to which the department distributes Title IV-E funds shall	4248
administer the funds in accordance with those rules.	4249

(C)(1) The county, on behalf of each child eligible for	4250
foster care maintenance payments under Title IV-E, shall make	4251
payments to cover the cost of providing all of the following:	4252

(a) The child's food, clothing, shelter, daily supervision,	4253
and school supplies;	4254

(b) The child's personal incidentals;

4255

(c) Reasonable travel to the child's home for visitation.

4256

(2) In addition to payments made under division (C)(1) of	4257
this section, the county may, on behalf of each child eligible for	4258
foster care maintenance payments under Title IV-E, make payments	4259
to cover the cost of providing the following:	4260

(a) Liability insurance with respect to the child;

4261

(b) If the county is participating in the demonstration	4262
project established under division (A) of section 5101.142 of the	4263
Revised Code, services provided under the project.	4264

(3) With respect to a child who is in a child-care	4265
institution, including any type of group home designed for the	4266
care of children or any privately operated program consisting of	4267
two or more certified foster homes operated by a common	4268
administrative unit, the foster care maintenance payments made by	4269
the county on behalf of the child shall include the reasonable	4270
cost of the administration and operation of the institution, group	4271
home, or program, as necessary to provide the items described in	4272
divisions (C)(1) and (2) of this section.	4273

(D) To the extent that either foster care maintenance	4274
payments under division (C) of this section or Title IV-E adoption	4275
assistance payments for maintenance costs require the expenditure	4276
of county funds, the board of county commissioners shall report	4277
the nature and amount of each expenditure of county funds to the	4278
department.	4279

(E) The department shall distribute to public children	4280
services agencies that incur and report such expenditures federal	4281
financial participation received for administrative and training	4282
costs incurred in the operation of foster care maintenance and	4283
adoption assistance programs. The department may withhold not more	4284
than three per cent of the federal financial participation	4285
received. The funds withheld may be used only to fund the Ohio	4286
child welfare training program established under section 5153.60	4287
5103.30 of the Revised Code and the university partnership program	4288
for college and university students majoring in social work who	4289
have committed to work for a public children services agency upon	4290
graduation. The funds withheld shall be in addition to any	4291
administration and training cost for which the department is	4292
reimbursed through its own cost allocation plan.	4293

(F) All federal financial participation funds received by a	4294
county pursuant to this section shall be deposited into the	4295
county's children services fund created pursuant to section	4296
5101.144 of the Revised Code.	4297

(G) The department shall periodically publish and distribute	4298
the maximum amounts that the department will reimburse public	4299
children services agencies for making payments on behalf of	4300
children eligible for foster care maintenance payments.	4301

(H) The department, by and through its director, is hereby	4302
authorized to develop, participate in the development of,	4303
negotiate, and enter into one or more interstate compacts on	4304
behalf of this state with agencies of any other states, for the	4305
provision of medical assistance and other social services to	4306
children in relation to whom all of the following apply:	4307

(1) They have special needs.

4308

(2) This state or another state that is a party to the	4309
interstate compact is providing adoption assistance on their	4310
behalf.	4311

(3) They move into this state from another state or move out	4312
of this state to another state.	4313

Sec. 5101.29.  When contained in a record held by the	4314
department of job and family services or a county agency, the	4315
following are not public records for purposes of section 149.43 of	4316
the Revised Code:	4317

(A) Names and other identifying information regarding	4318
children enrolled in or attending a child day-care center or home	4319
subject to licensure, certification, or registration under Chapter	4320
5104. of the Revised Code;	4321

(B) Names and other identifying information regarding	4322
children placed with an institution or association certified under	4323
section 5103.03 of the Revised Code;	4324

(C) Names and other identifying information regarding a	4325
person who makes an oral or written complaint regarding aan	4326
institution, association, child day-care center, or home subject	4327
to licensure, certification, or registration to the department or	4328
other state or county entity responsible for enforcing Chapter	4329
5103. or 5104. of the Revised Code.	4330

Sec. 5101.35.  (A) As used in this section:

4331

(1) "Agency" means the following entities that administer a	4332
family services program:	4333

(a) The department of job and family services;

4334

(b) A county department of job and family services;

4335

(c) A public children services agency;

4336

(d) A private or government entity administering, in whole or	4337
in part, a family services program for or on behalf of the	4338
department of job and family services or a county department of	4339
job and family services or public children services agency.	4340

(2) "Appellant" means an applicant, participant, former	4341
participant, recipient, or former recipient of a family services	4342
program who is entitled by federal or state law to a hearing	4343
regarding a decision or order of the agency that administers the	4344
program.	4345

(3) "Family services program" means assistance provided under	4346
a Title IV-A program as defined in section 5101.80 of the Revised	4347
Code or under Chapter 5104., 5111., or 5115. or section 173.35,	4348
5101.141, 5101.46, 5101.461, 5101.54, 5153.163, or 5153.165 of the	4349
Revised Code, other than assistance provided under section 5101.46	4350
of the Revised Code by the department of mental health, the	4351
department of mental retardation and developmental disabilities, a	4352
board of alcohol, drug addiction, and mental health services, or a	4353
county board of mental retardation and developmental disabilities.	4354

(B) Except as provided by divisions (G) and (H) of this	4355
section, an appellant who appeals under federal or state law a	4356
decision or order of an agency administering a family services	4357
program shall, at the appellant's request, be granted a state	4358
hearing by the department of job and family services. This state	4359
hearing shall be conducted in accordance with rules adopted under	4360
this section. The state hearing shall be tape-recordedrecorded,	4361
but neither the recording nor a transcript of the recording shall	4362
be part of the official record of the proceeding. A state hearing	4363
decision is binding upon the agency and department, unless it is	4364
reversed or modified on appeal to the director of job and family	4365
services or a court of common pleas.	4366

(C) Except as provided by division (G) of this section, an	4367
appellant who disagrees with a state hearing decision may make an	4368
administrative appeal to the director of job and family services	4369
in accordance with rules adopted under this section. This	4370
administrative appeal does not require a hearing, but the director	4371
or the director's designee shall review the state hearing decision	4372
and previous administrative action and may affirm, modify, remand,	4373
or reverse the state hearing decision. Any person designated to	4374
make an administrative appeal decision on behalf of the director	4375
shall have been admitted to the practice of law in this state. An	4376
administrative appeal decision is the final decision of the	4377
department and is binding upon the department and agency, unless	4378
it is reversed or modified on appeal to the court of common pleas.	4379

(D) An agency shall comply with a decision issued pursuant to	4380
division (B) or (C) of this section within the time limits	4381
established by rules adopted under this section. If a county	4382
department of job and family services or a public children	4383
services agency fails to comply within these time limits, the	4384
department may take action pursuant to section 5101.24 of the	4385
Revised Code. If another agency fails to comply within the time	4386
limits, the department may force compliance by withholding funds	4387
due the agency or imposing another sanction established by rules	4388
adopted under this section.	4389

(E) An appellant who disagrees with an administrative appeal	4390
decision of the director of job and family services or the	4391
director's designee issued under division (C) of this section may	4392
appeal from the decision to the court of common pleas pursuant to	4393
section 119.12 of the Revised Code. The appeal shall be governed	4394
by section 119.12 of the Revised Code except that:	4395

(1) The person may appeal to the court of common pleas of the	4396
county in which the person resides, or to the court of common	4397
pleas of Franklin county if the person does not reside in this	4398
state.	4399

(2) The person may apply to the court for designation as an	4400
indigent and, if the court grants this application, the appellant	4401
shall not be required to furnish the costs of the appeal.	4402

(3) The appellant shall mail the notice of appeal to the	4403
department of job and family services and file notice of appeal	4404
with the court within thirty days after the department mails the	4405
administrative appeal decision to the appellant. For good cause	4406
shown, the court may extend the time for mailing and filing notice	4407
of appeal, but such time shall not exceed six months from the date	4408
the department mails the administrative appeal decision. Filing	4409
notice of appeal with the court shall be the only act necessary to	4410
vest jurisdiction in the court.	4411

(4) The department shall be required to file a transcript of	4412
the testimony of the state hearing with the court only if the	4413
court orders the department to file the transcript. The court	4414
shall make such an order only if it finds that the department and	4415
the appellant are unable to stipulate to the facts of the case and	4416
that the transcript is essential to a determination of the appeal.	4417
The department shall file the transcript not later than thirty	4418
days after the day such an order is issued.	4419

(F) The department of job and family services shall adopt	4420
rules in accordance with Chapter 119. of the Revised Code to	4421
implement this section, including rules governing the following:	4422

(1) State hearings under division (B) of this section. The	4423
rules shall include provisions regarding notice of eligibility	4424
termination and the opportunity of an appellant appealing a	4425
decision or order of a county department of job and family	4426
services to request a county conference with the county department	4427
before the state hearing is held.	4428

(2) Administrative appeals under division (C) of this	4429
section;	4430

(3) Time limits for complying with a decision issued under	4431
division (B) or (C) of this section;	4432

(4) Sanctions that may be applied against an agency under	4433
division (D) of this section.	4434

(G) The department of job and family services may adopt rules	4435
in accordance with Chapter 119. of the Revised Code establishing	4436
an appeals process for an appellant who appeals a decision or	4437
order regarding a Title IV-A program identified under division	4438
(A)(4)(c), (d), (e), or (f) of section 5101.80 of the Revised Code	4439
that is different from the appeals process established by this	4440
section. The different appeals process may include having a state	4441
agency that administers the Title IV-A program pursuant to an	4442
interagency agreement entered into under section 5101.801 of the	4443
Revised Code administer the appeals process.	4444

(H) If an appellant receiving medicaid through a health	4445
insuring corporation that holds a certificate of authority under	4446
Chapter 1751. of the Revised Code is appealing a denial of	4447
medicaid services based on lack of medical necessity or other	4448
clinical issues regarding coverage by the health insuring	4449
corporation, the person hearing the appeal may order an	4450
independent medical review if that person determines that a review	4451
is necessary. The review shall be performed by a health care	4452
professional with appropriate clinical expertise in treating the	4453
recipient's condition or disease. The department shall pay the	4454
costs associated with the review.	4455

A review ordered under this division shall be part of the	4456
record of the hearing and shall be given appropriate evidentiary	4457
consideration by the person hearing the appeal.	4458

(I) The requirements of Chapter 119. of the Revised Code	4459
apply to a state hearing or administrative appeal under this	4460
section only to the extent, if any, specifically provided by rules	4461
adopted under this section.	4462

Sec. 5101.72.  The department of job and family services, to	4463
the extent of available funds, may reimburse county departments of	4464
job and family services for all or part of the costs they incur in	4465
implementing sections 5101.60 to 5101.71 of the Revised Code. The	4466
director of job and family services shall adopt, and may amend or	4467
rescind,internal management rules underin accordance with	4468
section 111.15 of the Revised Code that provide for reimbursement	4469
of county departments of job and family services under this	4470
section.	4471

The director shall adopt internal management rules in	4472
accordance with section 111.15 of the Revised Code that do both of	4473
the following:	4474

(A) Implement sections 5101.60 to 5101.71 of the Revised	4475
Code;	4476

(B) Require the county departments to collect and submit to	4477
the department, or ensure that a designated agency collects and	4478
submits to the department, data concerning the implementation of	4479
sections 5101.60 to 5101.71 of the Revised Code.	4480

Sec. 5101.99.  (A) Whoever violates division (A) or (B) of	4481
section 5101.61 of the Revised Code shall be fined not more than	4482
five hundred dollars.	4483

(B) Whoever violates division (A) of section 5101.27 of the	4484
Revised Code is guilty of a misdemeanor of the first degree.	4485

(C) Whoever violates section 5101.133 of the Revised Code is	4486
guilty of a misdemeanor of the fourth degree.	4487

Sec. 5103.03.  (A) The director of job and family services	4488
shall adopt rules as necessary for the adequate and competent	4489
management of institutions or associations.	4490

(B)(1) Except for facilities under the control of the	4491
department of youth services, places of detention for children	4492
established and maintained pursuant to sections 2152.41 to 2152.44	4493
of the Revised Code, and child day-care centers subject to Chapter	4494
5104. of the Revised Code, the department of job and family	4495
services every two years shall pass upon the fitness of every	4496
institution and association that receives, or desires to receive	4497
and care for children, or places children in private homes.	4498

(2) When the department of job and family services is	4499
satisfied as to the care given such children, and that the	4500
requirements of the statutes and rules covering the management of	4501
such institutions and associations are being complied with, it	4502
shall issue to the institution or association a certificate to	4503
that effect. A certificate is valid for two years, unless sooner	4504
revoked by the department. When determining whether an institution	4505
or association meets a particular requirement for certification,	4506
the department may consider the institution or association to have	4507
met the requirement if the institution or association shows to the	4508
department's satisfaction that it has met a comparable requirement	4509
to be accredited by a nationally recognized accreditation	4510
organization.	4511

(3) The department may issue a temporary certificate valid	4512
for less than one year authorizing an institution or association	4513
to operate until minimum requirements have been met.	4514

(4) An institution or association that knowingly makes a	4515
false statement that is included as a part of certification under	4516
this section is guilty of the offense of falsification under	4517
section 2921.13 of the Revised Code and the department shall not	4518
certify that institution or association.	4519

(C) The department may revoke a certificate if it finds that	4520
the institution or association is in violation of law or rule. No	4521
juvenile court shall commit a child to an association or	4522
institution that is required to be certified under this section if	4523
its certificate has been revoked or, if after revocation, the date	4524
of reissue is less than fifteen months prior to the proposed	4525
commitment.	4526

(D) Every two years, on a date specified by the department,	4527
each institution or association desiring certification or	4528
recertification shall submit to the department a report showing	4529
its condition, management, competency to care adequately for the	4530
children who have been or may be committed to it or to whom it	4531
provides care or services, the system of visitation it employs for	4532
children placed in private homes, and other information the	4533
department requires.	4534

(E) The department shall, not less than once each year, send	4535
a list of certified institutions and associations to each juvenile	4536
court and certified association or institution.	4537

(F) No person shall receive children or receive or solicit	4538
money on behalf of such an institution or association not so	4539
certified or whose certificate has been revoked.	4540

(G) The director may delegate by rule any duties imposed on	4541
it by this section to inspect and approve family foster homes and	4542
specialized foster homes to public children services agencies,	4543
private child placing agencies, or private noncustodial agencies.	4544

(H) If the director of job and family services determines	4545
that an institution or association that cares for children is	4546
operating without a certificate, the director may petition the	4547
court of common pleas in the county in which the institution or	4548
association is located for an order enjoining its operation. The	4549
court shall grant injunctive relief upon a showing that the	4550
institution or association is operating without a certificate.	4551

(I) If both of the following are the case, the director of	4552
job and family services may petition the court of common pleas of	4553
any county in which an institution or association that holds a	4554
certificate under this section operates for an order, and the	4555
court may issue an order, preventing the institution or	4556
association from receiving additional children into its care or an	4557
order removing children from its care:	4558

(1) The department has evidence that the life, health, or	4559
safety of one or more children in the care of the institution or	4560
association is at imminent risk.	4561

(2) The department has issued a proposed adjudication order	4562
pursuant to Chapter 119. of the Revised Code to deny renewal of or	4563
revoke the certificate of the institution or association.	4564

Sec. 5103.031.  Except as provided in section 5103.033 of the	4565
Revised Code, the department of job and family services may not	4566
issue a certificate under section 5103.03 of the Revised Code to a	4567
foster home unless the prospective foster caregiver successfully	4568
completes the following amount of preplacement training through a	4569
preplacement training program operatedapproved by the department	4570
of job and family services under section 5103.0345103.038 of the	4571
Revised Code or 5153.60preplacement training provided under	4572
division (B) of section 5103.30 of the Revised Code:	4573

(A) If the foster home is a family foster home, at least	4574
twenty-four hours;	4575

(B) If the foster home is a specialized foster home, at least	4576
thirty-six hours.	4577

Sec. 5103.033. (A) The department of job and family services	4578
may issue or renew a certificate under section 5103.03 of the	4579
Revised Code to a foster home for the care of a child who is in	4580
the custody of a public children services agency or private child	4581
placing agency pursuant to an agreement entered into under section	4582
5103.15 of the Revised Code regarding a child who was less than	4583
six months of age on the date the agreement was executed if the	4584
prospective foster caregiver or foster caregiver successfully	4585
completes the following amount of training:	4586

(1) For an initial certificate, at least twelve hours of	4587
preplacement training through a preplacement training program	4588
operatedapproved by the department of job and family services	4589
under section 5103.0345103.038 of the Revised Code or 5153.60	4590
preplacement training provided under division (B) of section	4591
5103.30 of the Revised Code;	4592

(2) For renewal of a certificate, at least twenty-four hours	4593
of continuing training in the preceding two-year period in	4594
accordance with the foster caregiver's needs assessment and	4595
continuing training plan developed and implemented under section	4596
5103.035 of the Revised Code.	4597

(B) A foster caregiver to whom either division (B)(1) or (2)	4598
of this section applies shall be given an additional amount of	4599
time within which to complete the continuing training required	4600
under division (A)(2) of this section in accordance with rules	4601
adopted by the department of job and family services:	4602

(1) The foster caregiver has served in active duty outside	4603
this state with a branch of the armed forces of the United States	4604
for more than thirty days in the preceding two-year period.	4605

(2) The foster caregiver has served in active duty as a	4606
member of the Ohio organized militia, as defined in section	4607
5923.01 of the Revised Code, for more than thirty days in the	4608
preceding two-year period and that active duty relates to either	4609
an emergency in or outside of this state or to military duty in or	4610
outside of this state.	4611

Sec. 5103.034. (A) A privatePrivate child placing agency or	4612
agencies and private noncustodial agencyagencies operating a	4613
preplacement training program or continuing training program	4614
approved by the department of job and family services under	4615
section 5103.038 of the Revised Code or the Ohio child welfare	4616
training program operating a preplacement training program or	4617
continuing training program pursuant to section 5153.60 of the	4618
Revised Code shall make the program available to a prospective	4619
foster caregiver or foster caregivers. The agency or program shall	4620
make the programs availablecaregiver without regard to the type	4621
of recommending agency from which athe prospective foster	4622
caregiver or foster caregiver seeks a recommendation.	4623

(B) A private child placing agency or private noncustodial	4624
agency operating a preplacement training program or continuing	4625
training program approved by the department of job and family	4626
services under section 5103.038 of the Revised Code may condition	4627
the enrollment of a prospective foster caregiver or foster	4628
caregiver in athe program on either or both of the following:	4629

(1) Availability of space in the training program;

4630

(2) If applicable, paymentPayment of an instruction or	4631
registration fee, if any, by the prospective foster caregiver or	4632
foster caregiver's recommending agency.	4633

(C) The Ohio child welfare training program operating a	4634
preplacement training program or continuing training program	4635
pursuant to section 5153.60 of the Revised Code may condition the	4636
enrollment in a preplacement training program or continuing	4637
training program of a foster caregiver whose recommending agency	4638
is a private child placing agency or private noncustodial agency	4639
on either or both of the following:	4640

(1) Availability of space in the training program;

4641

(2) Assignment to the program by the foster caregiver's	4642
recommending agency of the allowance payable under section	4643
5103.0313 of the Revised Code.	4644

(D) A private child placing agency or private noncustodial	4645
agency may contract with an individual or a public or private	4646
entity to administeroperating a preplacement training program or	4647
continuing training program operated by the agency and approved by	4648
the department of job and family services under section 5103.038	4649
of the Revised Code may contract with a person or governmental	4650
entity to administer the program.	4651

Sec. 5103.035.  A public children services agency, private	4652
child placing agency, or private noncustodial agency acting as a	4653
recommending agency for a foster caregiver holding a certificate	4654
issued under section 5103.03 of the Revised Code shall develop and	4655
implement a written needs assessment and continuing training plan	4656
for the foster caregiver. Each needs assessment and continuing	4657
training plan shall satisfy all of the following requirements:	4658

(A) Be effective for the two-year period the foster	4659
caregiver's certificate is in effect;	4660

(B) Be appropriate for the type of foster home the foster	4661
caregiver operates;	4662

(C) Require the foster caregiver to successfully complete the	4663
training required by the department in rules adopted pursuant to	4664
section 5103.0316 of the Revised Code and any other courses the	4665
agency considers appropriate;	4666

(D) Include criteria the agency is to use to determine	4667
whether the foster caregiver has successfully completed the	4668
courses;	4669

(E) Guarantee that the courses the foster caregiver is	4670
required to complete are available to the foster caregiver at	4671
reasonable times and places;	4672

(F) Specify whetherthe number of hours of continuing	4673
training, if any, the agency will waive any of the hours of	4674
continuing training the foster caregiver is required bypursuant	4675
to division (B) of section 5103.032 of the Revised Code to	4676
complete if the foster caregiver satisfies the conditions for the	4677
agency to issue a waiver. If the agency will issue a waiver, the	4678
agency shall state in the needs assessment and continuing training	4679
plan the number of hours of continuing training, not to exceed	4680
eight, that the agency will waive.	4681

Sec. 5103.036. (A) For the purpose of determining whether a	4682
prospective foster caregiver or foster caregiver has satisfied the	4683
requirement of section 5103.031 or 5103.032 of the Revised Code, a	4684
recommending agency shall accept training obtained from aeither	4685
of the following:	4686

(1) Any preplacement training program or continuing training	4687
program operatedapproved by the department of job and family	4688
services under section 5103.034 or 5153.605103.038 of the Revised	4689
Code;	4690

(2) The Ohio child welfare training program pursuant to	4691
divisions (B) and (C) of section 5103.30 of the Revised Code	4692
regardless of whether the program is operated by the recommending	4693
agency. The	4694

(B) A recommending agency may require that thea prospective	4695
foster caregiver or foster caregiver successfully complete	4696
additional training as a condition of the agency recommending that	4697
the department of job and family services certify or recertify the	4698
prospective foster caregiver or foster caregiver's foster home	4699
under section 5103.03 of the Revised Code.	4700

Sec. 5103.038.  (A) Every other year by a date specified in	4701
rules adopted under section 5103.0316 of the Revised Code, each	4702
private child placing agency and private noncustodial agency that	4703
seeks to operate a preplacement training program or continuing	4704
training program under section 5103.034 of the Revised Code shall	4705
submit to the department of job and family services a proposal	4706
outlining the program. The proposal may be the same as, a	4707
modification of, or different from, a model design developed under	4708
section 5103.037 of the Revised Codeby the department.	4709

(B) Not later than thirty days after receiving a proposal	4710
under division (A) of this section, the department shall either	4711
approve or disapprove the proposed program. The department shall	4712
approve a proposed preplacement training program if it complies	4713
with section 5103.039 or 5103.0311 of the Revised Code, as	4714
appropriate, and, in the case of a proposal submitted by an agency	4715
operating a preplacement training program at the time the proposal	4716
is submitted, the department is satisfied with the agency's	4717
operation of the program. The department shall approve a proposed	4718
continuing training program if it complies with rules adopted	4719
pursuant to division (C) of section 5103.0316 of the Revised Code	4720
and, in the case of a proposal submitted by an agency operating a	4721
continuing training program at the time the proposal is submitted,	4722
the department is satisfied with the agency's operation of the	4723
program. If the department disapproves a proposal, it shall	4724
provide the reason for disapproval to the agency that submitted	4725
the proposal and advise the agency of how to revise the proposal	4726
so that the department can approve it.	4727

(C) The department's approval under division (B) of this	4728
section of a proposed preplacement training program or continuing	4729
training program is valid only for two years following the year	4730
the proposal for the program is submitted to the department under	4731
division (A) of this section.	4732

Sec. 5103.039.  Except for preplacement training programs	4733
described in section 5103.0311 of the Revised Code, a preplacement	4734
training program shall consist of courses in the role of foster	4735
caregivers as a part of the care and treatment of foster children.	4736
A prospective foster caregiver shall complete all of the courses,	4737
which shall address all of the following:	4738

(A) The legal rights and responsibilities of foster	4739
caregivers;	4740

(B) Public children services agencies, private child placing	4741
agencies, and private noncustodial agencies' policies and	4742
procedures regarding foster caregivers;	4743

(C) The department of job and family services' requirements	4744
for certifying foster homes;	4745

(D) The effects placement, separation, and attachment issues	4746
have on children, their families, and foster caregivers;	4747

(E) Foster caregivers' involvement in permanency planning for	4748
children and their families;	4749

(F) The effects of physical abuse, sexual abuse, emotional	4750
abuse, neglect, and substance abuse on normal human growth and	4751
development;	4752

(G) Behavior management techniques;

4753

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

4754

(I) Cultural issues in placement;

4755

(J) Prevention, recognition, and management of communicable	4756
diseases;	4757

(K) Community health and social services available to	4758
children and their families;	4759

(L) The substance of section 2152.72 of the Revised Code. A	4760
course addressing section 2152.72 of the Revised Code shall be not	4761
less than one hour long.	4762

(M) In the case of a preplacement training program for a	4763
prospective foster caregiver seeking certification for a	4764
specialized foster home, additional issues specific to the types	4765
of children placed in specialized foster homes, including	4766
cardiopulmonary resuscitation and first aid, appropriate	4767
behavioral intervention techniques, such as de-escalation,	4768
self-defense, and physical restraint techniques and the	4769
appropriate use of such techniques.	4770

Sec. 5103.0311.  (A) A preplacement training program for	4771
prospective foster caregivers described in section 5103.033 of the	4772
Revised Code shall consist of courses that address all of the	4773
following:	4774

(1) The legal rights and responsibilities of foster	4775
caregivers;	4776

(2) The policies and procedures of public children services	4777
agencies, private child placing agencies, and private noncustodial	4778
agencies regarding foster caregivers;	4779

(3) The department of job and family services' requirements	4780
for certifying foster homes;	4781

(4) Infant care;

4782

(5) Early childhood development.

4783

(B) A continuing training program for foster caregivers	4784
described in section 5103.033 of the Revised Code shall meet the	4785
requirements of rules adopted pursuant to section 5103.0316 of the	4786
Revised Code.	4787

Sec. 5103.0312.  A public children services agency, private	4788
child placing agency, or private noncustodial agency acting as a	4789
recommending agency for a foster caregivers who hold certificates	4790
issued under section 5103.03 of the Revised Codecaregiver shall	4791
pay thosethe foster caregiverscaregiver a stipend to reimburse	4792
themthe foster caregiver for attending a preplacement training	4793
program or continuing training program operated under section	4794
5103.034 or 5153.605103.30 of the Revised Code. The payment shall	4795
be based on a stipend rate established by the department of job	4796
and family services. The stipend rate shall be the same regardless	4797
of the type of recommending agency from which athe foster	4798
caregiver seeks a recommendation. The department shall, pursuant	4799
to rules adopted under section 5103.0316 of the Revised Code,	4800
reimburse the recommending agency for stipend payments it makes in	4801
accordance with this section. No payment shall be made to an	4802
individual for attending a preplacement training program if the	4803
individual fails to obtain a foster home certificate under section	4804
5103.03 of the Revised Code.	4805

Sec. 5103.0313. TheExcept as provided in section 5103.303	4806
of the Revised Code, the department of job and family services	4807
shall compensate a private child placing agency or private	4808
noncustodial agency for the cost of procuring or operating	4809
preplacement and continuing training programs approved by the	4810
department of job and family services under section 5103.034	4811
5103.038 of the Revised Code for prospective foster caregivers and	4812
foster caregivers who are recommended for initial certification or	4813
recertification by the agency.	4814

The compensation shall be paid to the agency in the form of	4815
an allowance for each hour of preplacement and continuing training	4816
provided or received.	4817

Sec. 5103.0315.  The department of job and family services	4818
shall seek federal financial participation for the cost of making	4819
payments under section 5103.0312 of the Revised Code and	4820
allowances under sectionsections 5103.0313 and 5103.303 of the	4821
Revised Code. The department shall notify the governor, president	4822
of the senate, minority leader of the senate, speaker of the house	4823
of representatives, and minority leader of the house of	4824
representatives of any proposed federal legislation that endangers	4825
the federal financial participation.	4826

Sec. 5103.07.  The department of job and family services	4827
shall administer funds received under Title IV-B of the "Social	4828
Security Act," 4981 Stat. 620821 (19351967), 42 U.S.C.A. 620,	4829
as amended, and the "Child Abuse Prevention and Treatment Act," 88	4830
Stat. 4 (1974), 42 U.S.C.A. 5101, as amended. In administering	4831
these funds, the department may establish a child welfare services	4832
program and a child abuse and neglect prevention and adoption	4833
reform program. The department has all powers necessary for the	4834
adequate administration of these funds and programs. The director	4835
of job and family services may adopt internal management rules in	4836
accordance with section 111.15 of the Revised Code as necessary to	4837
carry out the purposes of this section.	4838

Sec. 5103.13.  (A) As used in this section, "HIV" has the	4839
same meaning as in section 3701.24 of the Revised Codeand section	4840
5103.131 of the Revised Code:	4841

(1)(a) "Children's crisis care facility" means a facility	4842
that has as its primary purpose the provision of residential and	4843
other care to either or both of the following:	4844

(i) One or more preteens voluntarily placed in the facility	4845
by the preteen's parent or other caretaker who is facing a crisis	4846
that causes the parent or other caretaker to seek temporary care	4847
for the preteen and referral for support services;	4848

(ii) One or more preteens placed in the facility by a public	4849
children services agency or private child placing agency that has	4850
legal custody or permanent custody of the preteen and determines	4851
that an emergency situation exists necessitating the preteen's	4852
placement in the facility rather than an institution certified	4853
under section 5103.03 of the Revised Code or elsewhere.	4854

(b) "Children's crisis care facility" does not include either	4855
of the following:	4856

(i) Any organization, society, association, school, agency,	4857
child guidance center, detention or rehabilitation facility, or	4858
children's clinic licensed, regulated, approved, operated under	4859
the direction of, or otherwise certified by the department of	4860
education, a local board of education, the department of youth	4861
services, the department of mental health, or the department of	4862
mental retardation and developmental disabilities;	4863

(ii) Any individual who provides care for only a	4864
single-family group, placed there by their parents or other	4865
relative having custody.	4866

(2) "Legal custody" and "permanent custody" have the same	4867
meanings as in section 2151.011 of the Revised Code.	4868

(3) "Preteen" means an individual under thirteen years of	4869
age.	4870

(B) TheNo person shall operate a children's crisis care	4871
facility or hold a children's crisis care facility out as a	4872
certified children's crisis care facility unless there is a valid	4873
children's crisis care facility certificate issued under this	4874
section for the facility.	4875

(C) A person seeking to operate a children's crisis care	4876
facility shall apply to the director of job and family services to	4877
obtain a certificate for the facility. The director shall certify	4878
the person's children's crisis care facility if the facility meets	4879
all of the certification standards established in rules adopted	4880
under division (F) of this section and the person complies with	4881
all of the rules governing the certification of children's crisis	4882
care facilities adopted under that division. The issuance of a	4883
children's crisis care facility certificate does not exempt the	4884
facility from a requirement to obtain another certificate or	4885
license mandated by law.	4886

(D)(1) No certified children's crisis care facility shall do	4887
any of the following:	4888

(a) Provide residential care to a preteen for more than one	4889
hundred twenty days in a calendar year;	4890

(b) Subject to division (D)(1)(c) of this section and except	4891
as provided in division (D)(2) of this section, provide	4892
residential care to a preteen for more than sixty consecutive	4893
days;	4894

(c) Except as provided in division (D)(3) of this section,	4895
provide residential care to a preteen for more than seventy-two	4896
consecutive hours if a public children services agency or private	4897
child placing agency placed the preteen in the facility;	4898

(d) Fail to comply with section 2151.86 of the Revised Code.

4899

(2) A certified children's crisis care facility may provide	4900
residential care to a preteen for up to ninety consecutive days,	4901
other than a preteen placed in the facility by a public children	4902
services agency or private child placing agency, if any of the	4903
following are the case:	4904

(a) The preteen's parent or other caretaker is enrolled in an	4905
alcohol and drug addiction program certified under section 3793.06	4906
of the Revised Code or a community mental health service certified	4907
under section 5119.611 of the Revised Code;	4908

(b) The preteen's parent or other caretaker is an inpatient	4909
in a hospital;	4910

(c) The preteen's parent or other caretaker is incarcerated;

4911

(d) A physician has diagnosed the preteen's parent or other	4912
caretaker as medically incapacitated.	4913

(3) A certified children's crisis care facility may provide	4914
residential care to a preteen placed in the facility by a public	4915
children services agency or private child placing agency for more	4916
than seventy-two consecutive hours if the director of job and	4917
family services or the director's designee issues the agency a	4918
waiver of the seventy-two consecutive hour limitation. The waiver	4919
may authorize the certified children's crisis care facility to	4920
provide residential care to the preteen for up to fourteen	4921
consecutive days.	4922

(E) The director of job and family services may suspend or	4923
revoke a children's crisis care facility's certificate pursuant to	4924
Chapter 119. of the Revised Code if the facility violates division	4925
(D) of this section or ceases to meet any of the certification	4926
standards established in rules adopted under division (F) of this	4927
section or the facility's operator ceases to comply with any of	4928
the rules governing the certification of children's crisis care	4929
facilities adopted under that division.	4930

(F) Not later than ninety days after the effective date of	4931
this amendment, the director of job and family services shall	4932
provide, byadopt rules adopted pursuant to Chapter 119. of the	4933
Revised Code, for the licensurecertification of children's crisis	4934
nurseries as either type A or type B crisis nurseriescare	4935
facilities. The rules shall specify that a licensecertificate	4936
shall not be issued to an applicant for licensure as a crisis	4937
nursery if the conditions at any of its facilitiesthe children's	4938
crisis care facility would jeopardize the health or safety of the	4939
children to whom it provides carepreteens placed in the facility.	4940

(C) A type A crisis nursery shall provide temporary shelter	4941
and other care for not more than twenty children at one time. Each	4942
child shall be under age six and drug-exposed, HIV-infected, or	4943
referred by a public children services agency. No child shall	4944
receive shelter or other care from a particular type A crisis	4945
nursery for a period exceeding sixty days.	4946

(D) A type B crisis nursery shall provide, without charging a	4947
fee, temporary services and care to children under age thirteen	4948
who are abused and neglected, at high risk of abuse and neglect,	4949
or members of families receiving child protective services. A type	4950
B crisis nursery shall also provide referrals to support services.	4951
No child shall receive services or care from a type B crisis	4952
nursery for more than thirty days in any year.	4953

Sec. 5103.131.  The department of job and family services may	4954
apply to the United States secretary of health and human services	4955
for a federal grant under the "Temporary Child Care for Children	4956
With DisabilitiesAbuse Prevention and Crisis NurseriesTreatment	4957
Act," 100 Stat. 907 (1986), 42 U.S.C. 51175116, to assist type B	4958
children's crisis nurseries licensedcare facilities certified	4959
under section 5103.13 of the Revised Code in providing temporary	4960
servicesresidential and other care to minorspreteens.	4961

Sec. 5103.16.  (A) ExceptPursuant to section 5103.18 of the	4962
Revised Code and except as otherwise provided in this section, no	4963
child shall be placed or accepted for placement under any written	4964
or oral agreement or understanding that transfers or surrenders	4965
the legal rights, powers, or duties of the legal parent, parents,	4966
or guardian of the child into the temporary or permanent custody	4967
of any association or institution that is not certified by the	4968
department of job and family services under section 5103.03 of the	4969
Revised Code, without the written consent of the office in the	4970
department that oversees the interstate compact on placement of	4971
children established under section 5103.20 of the Revised Code, or	4972
by a commitment of a juvenile court, or by a commitment of a	4973
probate court as provided in this section. A child may be placed	4974
temporarily without written consent or court commitment with	4975
persons related by blood or marriage or in a legally licensed	4976
boarding home.	4977

(B)(1) Associations and institutions certified under section	4978
5103.03 of the Revised Code for the purpose of placing children in	4979
free foster homes or for legal adoption shall keep a record of the	4980
temporary and permanent surrenders of children. This record shall	4981
be available for separate statistics, which shall include a copy	4982
of an official birth record and all information concerning the	4983
social, mental, and medical history of the children that will aid	4984
in an intelligent disposition of the children in case that becomes	4985
necessary because the parents or guardians fail or are unable to	4986
reassume custody.	4987

(2) No child placed on a temporary surrender with an	4988
association or institution shall be placed permanently in a foster	4989
home or for legal adoption. All surrendered children who are	4990
placed permanently in foster homes or for adoption shall have been	4991
permanently surrendered, and a copy of the permanent surrender	4992
shall be a part of the separate record kept by the association or	4993
institution.	4994

(C) Any agreement or understanding to transfer or surrender	4995
the legal rights, powers, or duties of the legal parent or parents	4996
and place a child with a person seeking to adopt the child under	4997
this section shall be construed to contain a promise by the person	4998
seeking to adopt the child to pay the expenses listed in divisions	4999
(C)(1), (2), and (4) of section 3107.103107.055 of the Revised	5000
Code and, if the person seeking to adopt the child refuses to	5001
accept placement of the child, to pay the temporary costs of	5002
routine maintenance and medical care for the child in a hospital,	5003
foster home, or other appropriate place for up to thirty days or	5004
until other custody is established for the child, as provided by	5005
law, whichever is less.	5006

(D) No child shall be placed or received for adoption or with	5007
intent to adopt unless placement is made by a public children	5008
services agency, an institution or association that is certified	5009
by the department of job and family services under section 5103.03	5010
of the Revised Code to place children for adoption, or custodians	5011
in another state or foreign country, or unless all of the	5012
following criteria are met:	5013

(1) Prior to the placement and receiving of the child, the	5014
parent or parents of the child personally have applied to, and	5015
appeared before, the probate court of the county in which the	5016
parent or parents reside, or in which the person seeking to adopt	5017
the child resides, for approval of the proposed placement	5018
specified in the application and have signed and filed with the	5019
court a written statement showing that the parent or parents are	5020
aware of their right to contest the decree of adoption subject to	5021
the limitations of section 3107.16 of the Revised Code;	5022

(2) The court ordered an independent home study of the	5023
proposed placement to be conducted as provided in section 3107.031	5024
of the Revised Code, and after completion of the home study, the	5025
court determined that the proposed placement is in the best	5026
interest of the child;	5027

(3) The court has approved of record the proposed placement.

5028

In determining whether a custodian has authority to place	5029
children for adoption under the laws of a foreign country, the	5030
probate court shall determine whether the child has been released	5031
for adoption pursuant to the laws of the country in which the	5032
child resides, and if the release is in a form that satisfies the	5033
requirements of the immigration and naturalization service of the	5034
United States department of justice for purposes of immigration to	5035
this country pursuant to section 101(b)(1)(F) of the "Immigration	5036
and Nationality Act," 75 Stat. 650 (1961), 8 U.S.C. 1101	5037
(b)(1)(F), as amended or reenacted.	5038

If the parent or parents of the child are deceased or have	5039
abandoned the child, as determined under division (A) of section	5040
3107.07 of the Revised Code, the application for approval of the	5041
proposed adoptive placement may be brought by the relative seeking	5042
to adopt the child, or by the department, board, or organization	5043
not otherwise having legal authority to place the orphaned or	5044
abandoned child for adoption, but having legal custody of the	5045
orphaned or abandoned child, in the probate court of the county in	5046
which the child is a resident, or in which the department, board,	5047
or organization is located, or where the person or persons with	5048
whom the child is to be placed reside. Unless the parent, parents,	5049
or guardian of the person of the child personally have appeared	5050
before the court and applied for approval of the placement, notice	5051
of the hearing on the application shall be served on the parent,	5052
parents, or guardian.	5053

The consent to placement, surrender, or adoption executed by	5054
a minor parent before a judge of the probate court or an	5055
authorized deputy or referee of the court, whether executed within	5056
or outside the confines of the court, is as valid as though	5057
executed by an adult. A consent given as above before an employee	5058
of a children services agency that is licensed as provided by law,	5059
is equally effective, if the consent also is accompanied by an	5060
affidavit executed by the witnessing employee or employees to the	5061
effect that the legal rights of the parents have been fully	5062
explained to the parents, prior to the execution of any consent,	5063
and that the action was done after the birth of the child.	5064

If the court approves a placement, the prospective adoptive	5065
parent with whom the child is placed has care, custody, and	5066
control of the child pending further order of the court.	5067

(E) This section does not apply to an adoption by a	5068
stepparent, a grandparent, or a guardian.	5069

Sec. 5103.162. (A) Except as provided in division (B) of this	5070
section, a foster caregiver shall be immune from liability in a	5071
civil action to recover damages for injury, death, or loss to	5072
person or property allegedly caused by an act or omission in	5073
connection with a power, duty, responsibility, or authorization	5074
under this chapter or under rules adopted under authority of this	5075
chapter.	5076

(B) The immunity described in division (A) of this section	5077
does not apply to a foster caregiver if, in relation to the act or	5078
omission in question, any of the following applies:	5079

(1) The act or omission was manifestly outside the scope of	5080
the foster caregiver's power, duty, responsibility, or	5081
authorization.	5082

(2) The act or omission was with malicious purpose, in bad	5083
faith, or in a wanton or reckless manner.	5084

(3) Liability for the act or omission is expressly imposed by	5085
a section of the Revised Code.	5086

Sec. 5103.18.  (A) Prior to placement under section 5103.16	5087
of the Revised Code, an association or institution certified to	5088
place a child into a foster home shall include a summary report of	5089
a search of the uniform statewide automated child welfare	5090
information system established in section 5101.13 of the Revised	5091
Code with records required under division (B)(1) of section	5092
5103.16 of the Revised Code.	5093

(B)(1) The summary report required under division (A) of this	5094
section shall contain, if applicable, a chronological list of	5095
abuse and neglect determinations or allegations of which a person	5096
seeking to become a foster caregiver of a child is subject and in	5097
regards to which a public children services agency has done one of	5098
the following:	5099

(a) Determined that abuse or neglect occurred;

5100

(b) Initiated an investigation, and the investigation is	5101
ongoing;	5102

(c) Initiated an investigation, and the agency was unable to	5103
determine whether abuse or neglect occurred.	5104

(2) The summary report required under division (A) of this	5105
section shall not contain any of the following:	5106

(a) An abuse and neglect determination of which a person	5107
seeking to become a foster caregiver of a child is subject and in	5108
regards to which a public children services agency determined that	5109
abuse or neglect did not occur;	5110

(b) Information or reports the dissemination of which is	5111
prohibited by, or interferes with eligibility under, the "Child	5112
Abuse Prevention and Treatment Act," 88 Stat. 4 (1974), 42 U.S.C.	5113
5101 et seq., as amended;	5114

(c) The name of the person who or entity that made, or	5115
participated in the making of, the report of abuse or neglect.	5116

(C)(1) A foster placement may be denied based on a summary	5117
report containing the information described under division	5118
(B)(1)(a) of this section, when considered within the totality of	5119
the circumstances.	5120

(2) A foster placement shall not be denied solely based on a	5121
summary report containing the information described under division	5122
(B)(1)(b) or (c) of this section.	5123

(D) Not later than January 1, 2008, the director of job and	5124
family services shall adopt rules in accordance with Chapter 119.	5125
of the Revised Code necessary for the implementation and execution	5126
of this section.	5127

Sec. 5103.20.  The interstate compact for the placement of	5128
children is hereby enacted into law and entered into with all	5129
other jurisdictions legally joining therein in form substantially	5130
as follows:	5131

ARTICLE I.

5132

PURPOSE

5133

The purpose of this compact is to:

5134

(A) Provide a process through which children subject to this	5135
compact are placed in safe and suitable homes in a timely manner.	5136

(B) Facilitate ongoing supervision of a placement, the	5137
delivery of services, and communication between the states.	5138

(C) Provide operating procedures that will ensure that	5139
children are placed in safe and suitable homes in a timely manner.	5140

(D) Provide for the promulgation and enforcement of	5141
administrative rules implementing the provisions of this compact	5142
and regulating the covered activities of the member states.	5143

(E) Provide for uniform data collection and information	5144
sharing between member states under this compact.	5145

(F) Promote coordination between this compact, the Interstate	5146
Compacts for Juveniles, the Interstate Compact on Adoption and	5147
Medical Assistance and other compacts affecting the placement of	5148
and which provide services to children otherwise subject to this	5149
compact.	5150

(G) Provide for a state's continuing legal jurisdiction and	5151
responsibility for placement and care of a child that it would	5152
have had if the placement were intrastate.	5153

(H) Provide for the promulgation of guidelines, in	5154
collaboration with Indian tribes, for interstate cases involving	5155
Indian children as is or may be permitted by federal law.	5156

ARTICLE II.

5157

DEFINITIONS

5158

As used in this compact:

5159

(A) "Approved placement" means the receiving state has	5160
determined after an assessment that the placement is both safe and	5161
suitable for the child and is in compliance with the applicable	5162
laws of the receiving state governing the placement of children	5163
therein.	5164

(B) "Assessment" means an evaluation of a prospective	5165
placement to determine whether the placement meets the	5166
individualized needs of the child, including but not limited to	5167
the child's safety and stability, health and well-being, and	5168
mental, emotional, and physical development.	5169

(C) "Child" means an individual who has not attained the age	5170
of eighteen (18).	5171

(D) "Default" means the failure of a member state to perform	5172
the obligations or responsibilities imposed upon it by this	5173
compact, the bylaws or rules of the Interstate Commission.	5174

(E) "Indian tribe" means any Indian tribe, band, nation, or	5175
other organized group or community of Indians recognized as	5176
eligible for services provided to Indians by the Secretary of the	5177
Interior because of their status as Indians, including any Alaskan	5178
native village as defined in section 3 (c) of the Alaska Native	5179
Claims Settlement Act at 43 USC section 1602(c).	5180

(F) "Interstate Commission for the Placement of Children"	5181
means the commission that is created under Article VIII of this	5182
compact and which is generally referred to as the Interstate	5183
Commission.	5184

(G) "Jurisdiction" means the power and authority of a court	5185
to hear and decide matters.	5186

(H) "Member state" means a state that has enacted this	5187
compact.	5188

(I) "Non-custodial parent" means a person who, at the time of	5189
the commencement of court proceedings in the sending state, does	5190
not have sole legal custody of the child or has joint legal	5191
custody of a child, and who is not the subject of allegations or	5192
findings of child abuse or neglect.	5193

(J) "Non-member state" means a state which has not enacted	5194
this compact.	5195

(K) "Notice of residential placement" means information	5196
regarding a placement into a residential facility provided to the	5197
receiving state including, but not limited to the name, date, and	5198
place of birth of the child, the identity and address of the	5199
parent or legal guardian, evidence of authority to make the	5200
placement, and the name and address of the facility in which the	5201
child will be placed. Notice of residential placement shall also	5202
include information regarding a discharge and any unauthorized	5203
absence from the facility.	5204

(L) "Placement" means the act by a public or private child	5205
placing agency intended to arrange for the care or custody of a	5206
child in another state.	5207

(M) "Private child placing agency" means any private	5208
corporation, agency, foundation, institution, or charitable	5209
organization, or any private person or attorney that facilitates,	5210
causes, or is involved in the placement of a child from one state	5211
to another and that is not an instrumentality of the state or	5212
acting under color of state law.	5213

(N) "Provisional placement" means that the receiving state	5214
has determined that the proposed placement is safe and suitable,	5215
and, to the extent allowable, the receiving state has temporarily	5216
waived its standards or requirements otherwise applicable to	5217
prospective foster or adoptive parents so as to not delay the	5218
placement. Completion of the receiving state requirements	5219
regarding training for prospective foster or adoptive parents	5220
shall not delay an otherwise safe and suitable placement.	5221

(O) "Public child placing agency" means any government child	5222
welfare agency or child protection agency or a private entity	5223
under contract with such an agency, regardless of whether they act	5224
on behalf of a state, county, municipality, or other governmental	5225
unit and which facilitates, causes, or is involved in the	5226
placement of a child from one state to another.	5227

(P) "Receiving state" means the state to which a child is	5228
sent, brought, or caused to be sent or brought.	5229

(Q) "Relative" means someone who is related to the child as a	5230
parent, step-parent, sibling by half or whole blood or by	5231
adoption, grandparent, aunt, uncle, or first cousin or a	5232
non-relative with such significant ties to the child that they may	5233
be regarded as relatives as determined by the court in the sending	5234
state.	5235

(R) "Residential Facility" means a facility providing a level	5236
of care that is sufficient to substitute for parental	5237
responsibility or foster care, and is beyond what is needed for	5238
assessment or treatment of an acute condition. For purposes of the	5239
compact, residential facilities do not include institutions	5240
primarily educational in character, hospitals, or other medical	5241
facilities.	5242

(S) "Rule" means a written directive, mandate, standard, or	5243
principle issued by the Interstate Commission promulgated pursuant	5244
to Article XI of this compact that is of general applicability and	5245
that implements, interprets or prescribes a policy or provision of	5246
the compact. "Rule" has the force and effect of statutory law in a	5247
member state, and includes the amendment, repeal, or suspension of	5248
an existing rule.	5249

(T) "Sending state" means the state from which the placement	5250
of a child is initiated.	5251

(U) "Service member's permanent duty station" means the	5252
military installation where an active duty Armed Services member	5253
is currently assigned and is physically located under competent	5254
orders that do not specify the duty as temporary.	5255

(V) "Service member's state of local residence" means the	5256
state in which the active duty Armed Services member is considered	5257
a resident for tax and voting purposes.	5258

(W) "State" means a state of the United States, the District	5259
of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin	5260
Islands, Guam, American Samoa, the Northern Marianas Islands and	5261
any other territory of the United States.	5262

(X) "State court" means a judicial body of a state that is	5263
vested by law with responsibility for adjudicating cases involving	5264
abuse, neglect, deprivation, delinquency or status offenses of	5265
individuals who have not attained the age of eighteen (18).	5266

(Y) "Supervision" means monitoring provided by the receiving	5267
state once a child has been placed in a receiving state pursuant	5268
to this compact.	5269

ARTICLE III.

5270

APPLICABILITY

5271

(A) Except as otherwise provided in Article III, Section B,	5272
this compact shall apply to:	5273

(1) The interstate placement of a child subject to ongoing	5274
court jurisdiction in the sending state, due to allegations or	5275
findings that the child has been abused, neglected, or deprived as	5276
defined by the laws of the sending state, provided, however, that	5277
the placement of such a child into a residential facility shall	5278
only require notice of residential placement to the receiving	5279
state prior to placement.	5280

(2) The interstate placement of a child adjudicated	5281
delinquent or unmanageable based on the laws of the sending state	5282
and subject to ongoing court jurisdiction of the sending state if:	5283

(a) The child is being placed in a residential facility in	5284
another member state and is not covered under another compact; or	5285

(b) The child is being placed in another member state and the	5286
determination of safety and suitability of the placement and	5287
services required is not provided through another compact.	5288

(3) The interstate placement of any child by a public child	5289
placing agency or private child placing agency as defined in this	5290
compact as a preliminary step to a possible adoption.	5291

(B) The provisions of this compact shall not apply to:

5292

(1) The interstate placement of a child with a non-relative	5293
in a receiving state by a parent with the legal authority to make	5294
such a placement provided, however, that the placement is not	5295
intended to effectuate an adoption.	5296

(2) The interstate placement of a child by one relative with	5297
the lawful authority to make such a placement directly with a	5298
relative in a receiving state.	5299

(3) The placement of a child, not subject to Article III,	5300
Section A, into a residential facility by his parent.	5301

(4) The placement of a child with a non-custodial parent	5302
provided that:	5303

(a) The non-custodial parent proves to the satisfaction of a	5304
court in the sending state a substantial relationship with the	5305
child; and	5306

(b) The court in the sending state makes a written finding	5307
that placement with the non-custodial parent is in the best	5308
interests of the child; and	5309

(c) The court in the sending state dismisses its jurisdiction	5310
over the child's case.	5311

(5) A child entering the United States from a foreign country	5312
for the purpose of adoption or leaving the United States to go to	5313
a foreign country for the purpose of adoption in that country.	5314

(6) Cases in which a U.S. citizen child living overseas with	5315
his family, at least one of whom is in the U.S. Armed Services,	5316
and who is stationed overseas, is removed and placed in a state.	5317

(7) The sending of a child by a public child placing agency	5318
or a private child placing agency for a visit as defined by the	5319
rules of the Interstate Commission.	5320

(C) For purposes of determining the applicability of this	5321
compact to the placement of a child with a family in the Armed	5322
Services, the public child placing agency or private child placing	5323
agency may choose the state of the service member's permanent duty	5324
station or the service member's declared legal residence.	5325

(D) Nothing in this compact shall be construed to prohibit	5326
the concurrent application of the provisions of this compact with	5327
other applicable interstate compacts including the Interstate	5328
Compact for Juveniles and the Interstate Compact on Adoption and	5329
Medical Assistance. The Interstate Commission may in cooperation	5330
with other interstate compact commissions having responsibility	5331
for the interstate movement, placement or transfer of children,	5332
promulgate like rules to ensure the coordination of services,	5333
timely placement of children, and the reduction of unnecessary or	5334
duplicative administrative or procedural requirements.	5335

ARTICLE IV.

5336

JURISDICTION

5337

(A) The sending state shall retain jurisdiction over a child	5338
with respect to all matters of custody and disposition of the	5339
child which it would have had if the child had remained in the	5340
sending state. Such jurisdiction shall also include the power to	5341
order the return of the child to the sending state.	5342

(B) When an issue of child protection or custody is brought	5343
before a court in the receiving state, such court shall confer	5344
with the court of the sending state to determine the most	5345
appropriate forum for adjudication.	5346

(C) In accordance with its own laws, the court in the sending	5347
state shall have authority to terminate its jurisdiction if:	5348

(1) The child is reunified with the parent in the receiving	5349
state who is the subject of allegations or findings of abuse or	5350
neglect, only with the concurrence of the public child placing	5351
agency in the receiving state; or	5352

(2) The child is adopted; or

5353

(3) The child reaches the age of majority under the laws of	5354
the sending state; or	5355

(4) The child achieves legal independence pursuant to the	5356
laws of the sending state; or	5357

(5) A guardianship is created by a court in the receiving	5358
state with the concurrence of the court in the sending state; or	5359

(6) An Indian tribe has petitioned for and received	5360
jurisdiction from the court in the sending state; or	5361

(7) The public child placing agency of the sending state	5362
requests termination and has obtained the concurrence of the	5363
public child placing agency in the receiving the state.	5364

(D) When a sending state court terminates its jurisdiction,	5365
the receiving state child placing agency shall be notified.	5366

(E) Nothing in this article shall defeat a claim of	5367
jurisdiction by a receiving state court sufficient to deal with an	5368
act of truancy, delinquency, crime or behavior involving a child	5369
as defined by the laws of the receiving state committed by the	5370
child in the receiving state which would be a violation of its	5371
laws.	5372

(F) Nothing in this article shall limit the receiving state's	5373
ability to take emergency jurisdiction for the protection of the	5374
child.	5375

ARTICLE V.

5376

ASSESSMENTS

5377

(A) Prior to sending, bringing, or causing a child to be sent	5378
or brought into a receiving state, the public child placing agency	5379
shall provide a written request for assessment to the receiving	5380
state.	5381

(B) Prior to the sending, bringing, or causing a child to be	5382
sent or brought into a receiving state, the private child placing	5383
agency shall:	5384

(1) Provide evidence that the applicable laws of the sending	5385
state have been complied with; and	5386

(2) Certification that the consent or relinquishment is in	5387
compliance with applicable law of the birth parent's state of	5388
residence or, where permitted, the laws of the state of where the	5389
finalization of the adoption will occur; and	5390

(3) Request through the public child placing agency in the	5391
sending state an assessment to be conducted in the receiving	5392
state; and	5393

(4) Upon completion of the assessment, obtain the approval of	5394
the public child placing agency in the receiving state.	5395

(C) The procedures for making and the request for an	5396
assessment shall contain all information and be in such form as	5397
provided for in the rules of the Interstate Commission.	5398

(D) Upon receipt of a request from the public child welfare	5399
agency of the sending state, the receiving state shall initiate an	5400
assessment of the proposed placement to determine its safety and	5401
suitability. If the proposed placement is a placement with a	5402
relative, the public child placing agency of the sending state may	5403
request a determination of whether the placement qualifies as a	5404
provisional placement.	5405

(E) The public child placing agency in the receiving state	5406
may request from the public child placing agency or the private	5407
child placing agency in the sending state, and shall be entitled	5408
to receive supporting or additional information necessary to	5409
complete the assessment.	5410

(F) The public child placing agency in the receiving state	5411
shall complete or arrange for the completion of the assessment	5412
within the timeframes established by the rules of the Interstate	5413
Commission.	5414

(G) The Interstate Commission may develop uniform standards	5415
for the assessment of the safety and suitability of interstate	5416
placements.	5417

ARTICLE VI.

5418

PLACEMENT AUTHORITY

5419

(A) Except as provided in Article VI, Section C, no child	5420
subject to this compact shall be placed into a receiving state	5421
until approval for such placement is obtained.	5422

(B) If the public child placing agency in the receiving state	5423
does not approve the proposed placement then the child shall not	5424
be placed. The receiving state shall provide written documentation	5425
of any such determination in accordance with the rules promulgated	5426
by the Interstate Commission. Such determination is not subject to	5427
judicial review in the sending state.	5428

(C) If the proposed placement is not approved, any interested	5429
party shall have standing to seek an administrative review of the	5430
receiving state's determination.	5431

(1) The administrative review and any further judicial review	5432
associated with the determination shall be conducted in the	5433
receiving state pursuant to its applicable administrative	5434
procedures.	5435

(2) If a determination not to approve the placement of the	5436
child in the receiving state is overturned upon review, the	5437
placement shall be deemed approved, provided however that all	5438
administrative or judicial remedies have been exhausted or the	5439
time for such remedies has passed.	5440

ARTICLE VII.

5441

STATE RESPONSIBILITY

5442

(A) For the interstate placement of a child made by a public	5443
child placing agency or state court:	5444

(1) The public child placing agency in the sending state	5445
shall have financial responsibility for:	5446

(a) The ongoing support and maintenance for the child during	5447
the period of the placement, unless otherwise provided for in the	5448
receiving state; and	5449

(b) As determined by the public child placing agency in the	5450
sending state, services for the child beyond the public services	5451
for which the child is eligible in the receiving state.	5452

(2) The receiving state shall only have financial	5453
responsibility for:	5454

(a) Any assessment conducted by the receiving state; and

5455

(b) Supervision conducted by the receiving state at the level	5456
necessary to support the placement as agreed upon by the public	5457
child placing agencies of the receiving and sending state.	5458

(3) Nothing in this provision shall prohibit public child	5459
placing agencies in the sending state from entering into	5460
agreements with licensed agencies or persons in the receiving	5461
state to conduct assessments and provide supervision.	5462

(B) For the placement of a child by a private child placing	5463
agency preliminary to a possible adoption, the private child	5464
placing agency shall be:	5465

(1) Legally responsible for the child during the period of	5466
placement as provided for in the law of the sending state until	5467
the finalization of the adoption.	5468

(2) Financially responsible for the child absent a	5469
contractual agreement to the contrary.	5470

(C) A private child placing agency shall be responsible for	5471
any assessment conducted in the receiving state and any	5472
supervision conducted by the receiving state at the level required	5473
by the laws of the receiving state or the rules of the Interstate	5474
Commission.	5475

(D) The public child placing agency in the receiving state	5476
shall provide timely assessments, as provided for in the rules of	5477
the Interstate Commission.	5478

(E) The public child placing agency in the receiving state	5479
shall provide, or arrange for the provision of, supervision and	5480
services for the child, including timely reports, during the	5481
period of the placement.	5482

(F) Nothing in this compact shall be construed as to limit	5483
the authority of the public child placing agency in the receiving	5484
state from contracting with a licensed agency or person in the	5485
receiving state for an assessment or the provision of supervision	5486
or services for the child or otherwise authorizing the provision	5487
of supervision or services by a licensed agency during the period	5488
of placement.	5489

(G) Each member state shall provide for coordination among	5490
its branches of government concerning the state's participation	5491
in, and compliance with, the compact and Interstate Commission	5492
activities, through the creation of an advisory council or use of	5493
an existing body or board.	5494

(H) Each member state shall establish a central state compact	5495
office, which shall be responsible for state compliance with the	5496
compact and the rules of the Interstate Commission.	5497

(I) The public child placing agency in the sending state	5498
shall oversee compliance with the provisions of the Indian Child	5499
Welfare Act (25 USC 1901 et seq.) for placements subject to the	5500
provisions of this compact, prior to placement.	5501

(J) With the consent of the Interstate Commission, states may	5502
enter into limited agreements that facilitate the timely	5503
assessment and provision of services and supervisions of	5504
placements under this compact.	5505

ARTICLE VIII.

5506

INTERSTATE COMMISSION FOR THE PLACEMENT OF CHILDREN

5507

The member states hereby establish, by way of this compact, a	5508
commission known as the "Interstate Commission for the Placement	5509
of Children." The activities of the Interstate Commission are the	5510
formation of public policy and are a discretionary state function.	5511
The Interstate Commission shall:	5512

(A) Be joint commission of the member states and shall have	5513
the responsibilities, powers and duties set forth herein, and such	5514
additional powers as may be conferred upon it by subsequent	5515
concurrent action of the respective legislatures of the member	5516
states.	5517

(B) Consist of one commissioner from each member state who	5518
shall be appointed by the executive head of the state human	5519
services administration with ultimate responsibility for the child	5520
welfare program. The appointed commissioner shall have the legal	5521
authority to vote on policy related matters governed by this	5522
compact binding the state.	5523

(1) Each member state represented at a meeting of the	5524
Interstate Commission is entitled to one vote.	5525

(2) A majority of the member states shall constitute a quorum	5526
for the transaction of business, unless a larger quorum is	5527
required by the bylaws of the Interstate Commission.	5528

(3) A representative shall not delegate a vote to another	5529
member state.	5530

(4) A representative may delegate voting authority to another	5531
person from their state for a specified meeting.	5532

(C) In addition to the commissioners of each member state,	5533
the Interstate Commission shall include persons who are members of	5534
interested organizations as defined in the bylaws or rules of the	5535
Interstate Commission. Such members shall be ex officio and shall	5536
not be entitled to vote on any matter before the Interstate	5537
Commission.	5538

(D) Establish an executive committee which shall have the	5539
authority to administer the day-to-day operations and	5540
administration of the Interstate Commission. It shall not have the	5541
power to engage in rulemaking.	5542

ARTICLE IX.

5543

POWERS AND DUTIES OF THE INTERSTATE COMMISSION

5544

The Interstate Commission shall have the following powers:

5545

(A) To promulgate rules and take all necessary actions to	5546
effect the goals, purposes, and obligations as enumerated in this	5547
compact.	5548

(B) To provide for dispute resolution among member states.

5549

(C) To issue, upon request of a member state, advisory	5550
opinions concerning the meaning or interpretation of the	5551
interstate compact, its bylaws, rules, or actions.	5552

(D) To enforce compliance with this compact or the bylaws or	5553
rules of the Interstate Commission pursuant to Article XII.	5554

(E) Collect standardized data concerning the interstate	5555
placement of children subject to this compact as directed through	5556
its rules which shall specify the data to be collected, the means	5557
of collection, and data exchange and reporting requirements.	5558

(F) To establish and maintain offices as may be necessary for	5559
the transacting of its business.	5560

(G) To purchase and maintain insurance and bonds.

5561

(H) To hire or contract for services of personnel or	5562
consultants as necessary to carry out its functions under the	5563
compact and establish personnel qualification policies, and rates	5564
of compensation.	5565

(I) To establish and appoint committees and officers	5566
including, but not limited to, an executive committee as required	5567
by Article X.	5568

(J) To accept any and all donations and grants of money,	5569
equipment, supplies, materials, and services, and to receive,	5570
utilize, and dispose thereof.	5571

(K) To lease, purchase, accept contributions or donations of,	5572
or otherwise to own, hold, improve or use any property, real,	5573
personal, or mixed.	5574

(L) To sell, convey, mortgage, pledge, lease, exchange,	5575
abandon, or otherwise dispose of any property, real, personal, or	5576
mixed.	5577

(M) To establish a budget and make expenditures.

5578

(N) To adopt a seal and bylaws governing the management and	5579
operation of the Interstate Commission.	5580

(O) To report annually to the legislatures, governors, the	5581
judiciary, and state advisory councils of the member states	5582
concerning the activities of the Interstate Commission during the	5583
preceding year. Such reports shall also include any	5584
recommendations that may have been adopted by the Interstate	5585
Commission.	5586

(P) To coordinate and provide education, training, and public	5587
awareness regarding the interstate movement of children for	5588
officials involved in such activity.	5589

(Q) To maintain books and records in accordance with the	5590
bylaws of the Interstate Commission.	5591

(R) To perform such functions as may be necessary or	5592
appropriate to achieve the purposes of this compact.	5593

ARTICLE X.

5594

ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION

5595

(A) Bylaws:

5596

(1) Within 12 months after the first Interstate Commission	5597
meeting, the Interstate Commission shall adopt bylaws to govern	5598
its conduct as may be necessary or appropriate to carry out the	5599
purposes of the compact.	5600

(2) The Interstate Commission's bylaws and rules shall	5601
establish conditions and procedures under which the Interstate	5602
Commission shall make its information and official records	5603
available to the public for inspection or copying. The Interstate	5604
Commission may exempt from disclosure information or official	5605
records to the extent they would adversely affect personal privacy	5606
rights or proprietary interests.	5607

(B) Meetings:

5608

(1) The Interstate Commission shall meet at least once each	5609
calendar year. The chairperson may call additional meetings and,	5610
upon the request of a simple majority of the member states shall	5611
call additional meetings.	5612

(2) Public notice shall be given by the Interstate Commission	5613
of all meetings and all meetings shall be open to the public,	5614
except as set forth in the rules or as otherwise provided in the	5615
compact. The Interstate Commission and its committees may close a	5616
meeting, or portion thereof, where it determines by two-thirds	5617
vote that an open meeting would be likely to:	5618

(a) Relate solely to the Interstate Commission's internal	5619
personnel practices and procedures; or	5620

(b) Disclose matters specifically exempted from disclosure by	5621
federal law; or	5622

(c) Disclose financial or commercial information which is	5623
privileged, proprietary, or confidential in nature; or	5624

(d) Involve accusing a person of a crime, or formally	5625
censuring a person; or	5626

(e) Disclose information of a personal nature where	5627
disclosure would constitute a clearly unwarranted invasion of	5628
personal privacy or physically endanger one or more persons; or	5629

(f) Disclose investigative records compiled for law	5630
enforcement purposes; or	5631

(g) Specifically relate to the Interstate Commission's	5632
participation in a civil action or other legal proceeding.	5633

(3) For a meeting, or portion of a meeting, closed pursuant	5634
to this provision, the Interstate Commission's legal counsel or	5635
designee shall certify that the meeting may be closed and shall	5636
reference each relevant exemption provision. The Interstate	5637
Commission shall keep minutes which shall fully and clearly	5638
describe all matters discussed in a meeting and shall provide a	5639
full and accurate summary of actions taken, and the reasons	5640
therefore, including a description of the views expressed and the	5641
record of a roll call vote. All documents considered in connection	5642
with an action shall be identified in such minutes. All minutes	5643
and documents of a closed meeting shall remain under seal, subject	5644
to release by a majority vote of the Interstate Commission or by	5645
court order.	5646

(4) The bylaws may provide for meetings of the Interstate	5647
Commission to be conducted by telecommunication or other	5648
electronic communication.	5649

(C) Officers and Staff:

5650

(1) The Interstate Commission may, through its executive	5651
committee, appoint or retain a staff director for such period,	5652
upon such terms and conditions and for such compensation as the	5653
Interstate Commission may deem appropriate. The staff director	5654
shall serve as secretary to the Interstate Commission, but shall	5655
not have a vote. The staff director may hire and supervise such	5656
other staff as may be authorized by the Interstate Commission.	5657

(2) The Interstate Commission shall elect, from among its	5658
members, a chairperson and a vice chairperson of the executive	5659
committee and other necessary officers, each of whom shall have	5660
such authority and duties as may be specified in the bylaws.	5661

(D) Qualified Immunity, Defense and Indemnification:

5662

(1) The Interstate Commission's staff director and its	5663
employees shall be immune from suit and liability, either	5664
personally or in their official capacity, for a claim for damage	5665
to or loss of property or personal injury or other civil liability	5666
caused or arising out of or relating to an actual or alleged act,	5667
error, or omission that occurred, or that such person had a	5668
reasonable basis for believing occurred within the scope of	5669
Commission employment, duties, or responsibilities; provided, that	5670
such person shall not be protected from suit or liability for	5671
damage, loss, injury, or liability caused by a criminal act or the	5672
intentional or willful and wanton misconduct of such person.	5673

(a) The liability of the Interstate Commission's staff	5674
director and employees or Interstate Commission representatives,	5675
acting within the scope of such person's employment or duties for	5676
acts, errors, or omissions occurring within such person's state	5677
may not exceed the limits of liability set forth under the	5678
Constitution and laws of that state for state officials,	5679
employees, and agents. The Interstate Commission is considered to	5680
be an instrumentality of the states for the purposes of any such	5681
action. Nothing in this subsection shall be construed to protect	5682
such person from suit or liability for damage, loss, injury, or	5683
liability caused by a criminal act or the intentional or willful	5684
and wanton misconduct of such person.	5685

(b) The Interstate Commission shall defend the staff director	5686
and its employees and, subject to the approval of the Attorney	5687
General or other appropriate legal counsel of the member state	5688
shall defend the commissioner of a member state in a civil action	5689
seeking to impose liability arising out of an actual or alleged	5690
act, error or omission that occurred within the scope of	5691
Interstate Commission employment, duties or responsibilities, or	5692
that the defendant had a reasonable basis for believing occurred	5693
within the scope of Interstate Commission employment, duties, or	5694
responsibilities, provided that the actual or alleged act, error,	5695
or omission did not result from intentional or willful and wanton	5696
misconduct on the part of such person.	5697

(c) To the extent not covered by the state involved, member	5698
state, or the Interstate Commission, the representatives or	5699
employees of the Interstate Commission shall be held harmless in	5700
the amount of a settlement or judgment, including attorney's fees	5701
and costs, obtained against such persons arising out of an actual	5702
or alleged act, error, or omission that occurred within the scope	5703
of Interstate Commission employment, duties, or responsibilities,	5704
or that such persons had a reasonable basis for believing occurred	5705
within the scope of the Interstate Commission employment, duties,	5706
or responsibilities, provided that the actual or alleged act,	5707
error, or omission did not result from intentional or willful and	5708
wanton misconduct on the part of such persons.	5709

ARTICLE XI.

5710

RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION

5711

(A) The Interstate Commission shall promulgate and publish	5712
rules in order to effectively and efficiently achieve the purposes	5713
of the compact.	5714

(B) Rulemaking shall occur pursuant to the criteria set forth	5715
in this article and the bylaws and rules adopted pursuant thereto.	5716
Such rulemaking shall substantially conform to the principles of	5717
the "Model State Administrative Procedures Act," 1981 Act, Uniform	5718
Laws Annotated, Vol. 15, p.1 (2000), or such other administrative	5719
procedure acts as the Interstate Commission deems appropriate	5720
consistent with due process requirements under the United States	5721
Constitution as now or hereafter interpreted by the U.S. Supreme	5722
Court. All rules and amendments shall become binding as of the	5723
date specified, as published with the final version of the rule as	5724
approved by the Interstate Commission.	5725

(C) When promulgating a rule, the Interstate Commission	5726
shall, at a minimum:	5727

(1) Publish the proposed rule's entire text stating the	5728
reason(s) for that proposed rule; and	5729

(2) Allow and invite any and all persons to submit written	5730
data, facts, opinions and arguments, which information shall be	5731
added to the record, and be made publicly available; and	5732

(3) Promulgate a final rule and its effective date, if	5733
appropriate, based on input from state or local officials, or	5734
interested parties.	5735

(D) Rules promulgated by the Interstate Commission shall have	5736
the force and effect of statutory law and shall supersede any	5737
state law, rule or regulation to the extent of any conflict.	5738

(E) Not later than 60 days after a rule is promulgated, an	5739
interested person may file a petition in the U.S. District Court	5740
for the District of Columbia or in the Federal District Court	5741
where the Interstate Commission's principal office is located for	5742
judicial review of such rule. If the court finds that the	5743
Interstate Commission's action is not supported by substantial	5744
evidence in the rulemaking record, the court shall hold the rule	5745
unlawful and set it aside.	5746

(F) If a majority of the legislatures of the member states	5747
rejects a rule, those states may by enactment of a statute or	5748
resolution in the same manner used to adopt the compact cause that	5749
such rule shall have no further force and effect in any member	5750
state.	5751

(G) The existing rules governing the operation of the	5752
Interstate Company on the Placement of Children superseded by this	5753
act shall be null and void no less than 12, but no more than 24	5754
months after the first meeting of the Interstate Commission	5755
created hereunder, as determined by the members during the first	5756
meeting.	5757

(H) Within the first 12 months of operation, the Interstate	5758
Commission shall promulgate rules addressing the following:	5759

(1) Transition rules;

5760

(2) Forms and procedures;

5761

(3) Time lines;

5762

(4) Data collection and reporting;

5763

(5) Rulemaking;

5764

(6) Visitation;

5765

(7) Progress reports/supervision;

5766

(8) Sharing of information/confidentiality;

5767

(9) Financing of the Interstate Commission;

5768

(10) Mediation, arbitration and dispute resolution;

5769

(11) Education, training and technical assistance;

5770

(12) Enforcement;

5771

(13) Coordination with other interstate compacts.

5772

(I) Upon determination by a majority of the members of the	5773
Interstate Commission that an emergency exists:	5774

(1) The Interstate Commission may promulgate an emergency	5775
rule only if it is required to:	5776

(a) Protect the children covered by this compact from an	5777
imminent threat to their health, safety and well-being; or	5778

(b) Prevent loss of federal or state funds; or

5779

(c) Meet a deadline for the promulgation of an administrative	5780
rule required by federal law.	5781

(2) An emergency rule shall become effective immediately upon	5782
adoption, provided that the usual rulemaking procedures provided	5783
hereunder shall be retroactively applied to said rule as soon as	5784
reasonably possible, but no later than 90 days after the effective	5785
date of the emergency rule.	5786

(3) An emergency rule shall be promulgated as provided for in	5787
the rules of the Interstate Commission.	5788

ARTICLE XII.

5789

OVERSIGHT, DISPUTE RESOLUTION, ENFORCEMENT

5790

(A) Oversight:

5791

(1) The Interstate Commission shall oversee the	5792
administration and operations of the compact.	5793

(2) The executive, legislative and judicial branches of state	5794
government in each member state shall enforce this compact and the	5795
rules of the Interstate Commission and shall take all actions	5796
necessary and appropriate to effectuate the compact's purposes and	5797
intent. The compact and its rules shall supercede state law, rules	5798
or regulations to the extent of any conflict therewith.	5799

(3) All courts shall take judicial notice of the compact and	5800
the rules in any judicial or administrative proceeding in a member	5801
state pertaining to the subject matter of this compact.	5802

(4) The Interstate Commission shall be entitled to receive	5803
service of process in any action in which the validity of a	5804
compact provision or rule is the issue for which a judicial	5805
determination has been sought and shall have standing to intervene	5806
in any proceedings. Failure to provide service of process to the	5807
Interstate Commission shall render any judgment, order or other	5808
determination, however so captioned or classified, void as to the	5809
Interstate Commission, this compact, its bylaws or rules of the	5810
Interstate Commission.	5811

(B) Dispute Resolution:

5812

(1) The Interstate Commission shall attempt, upon the request	5813
of a member state, to resolve disputes which are subject to the	5814
compact and which may arise among member states and between member	5815
and non-member states.	5816

(2) The Interstate Commission shall promulgate a rule	5817
providing for both mediation and binding dispute resolution for	5818
disputes among compacting states. The costs of such mediation or	5819
dispute resolution shall be the responsibility of the parties to	5820
the dispute.	5821

(C) Enforcement:

5822

(1) If the Interstate Commission determines that a member	5823
state has defaulted in the performance of its obligations or	5824
responsibilities under this compact, its bylaws or rules, the	5825
Interstate Commission may:	5826

(a) Provide remedial training and specific technical	5827
assistance; or	5828

(b) Provide written notice to the defaulting state and other	5829
member states, of the nature of the default and the means of	5830
curing the default. The Interstate Commission shall specify the	5831
conditions by which the defaulting state must cure its default; or	5832

(c) By majority vote of the members, initiate against a	5833
defaulting member state legal action in the United States District	5834
Court for the District of Columbia or, at the discretion of the	5835
Interstate Commission, in the federal district where the	5836
Interstate Commission has its principal offices, to enforce	5837
compliance with the provisions of the compact, its bylaws or	5838
rules. The relief sought may include both injunctive relief and	5839
damages. In the event judicial enforcement is necessary the	5840
prevailing party shall be awarded all costs of such litigation	5841
including reasonable attorney's fees; or	5842

(d) Avail itself of any other remedies available under state	5843
law or the regulation of official or professional conduct.	5844

ARTICLE XIII.

5845

FINANCING OF THE COMMISSION

5846

(A) The Interstate Commission shall pay, or provide for the	5847
payment of the reasonable expenses of its establishment,	5848
organization and ongoing activities.	5849

(B) The Interstate Commission may levy on and collect an	5850
annual assessment from each member state to cover the cost of the	5851
operations and activities of the Interstate Commission and its	5852
staff which must be in a total amount sufficient to cover the	5853
Interstate Commission's annual budget as approved by its members	5854
each year. The aggregate annual assessment amount shall be	5855
allocated based upon a formula to be determined by the Interstate	5856
Commission which shall promulgate a rule binding upon all member	5857
states.	5858

(C) The Interstate Commission shall not incur obligations of	5859
any kind prior to securing the funds adequate to meet the same;	5860
nor shall the Interstate Commission pledge the credit of any of	5861
the member states, except by and with the authority of the member	5862
state.	5863

(D) The Interstate Commission shall keep accurate accounts of	5864
all receipts and disbursements. The receipts and disbursements of	5865
the Interstate Commission shall be subject to the audit and	5866
accounting procedures established under its bylaws. However, all	5867
receipts and disbursements of funds handled by the Interstate	5868
Commission shall be audited yearly by a certified or licensed	5869
public accountant and the report of the audit shall be included in	5870
and become part of the annual report of the Interstate Commission.	5871

ARTICLE XIV.

5872

MEMBER STATES, EFFECTIVE DATE AND AMENDMENT

5873

(A) Any state is eligible to become a member state.

5874

(B) The compact shall become effective and binding upon	5875
legislative enactment of the compact into law by no less than 35	5876
states. The effective date shall be the later of July 1, 2007 or	5877
upon enactment of the compact into law by the 35th state.	5878
Thereafter it shall become effective and binding as to any other	5879
member state upon enactment of the compact into law by that state.	5880
The governors of non-member states or their designees shall be	5881
invited to participate in the activities of the Interstate	5882
Commission on a non-voting basis prior to adoption of the compact	5883
by all states.	5884

(C) The Interstate Commission may propose amendments to the	5885
compact for enactment by the member states. No amendment shall	5886
become effective and binding on the member states unless and until	5887
it is enacted into law by unanimous consent of the member states.	5888

ARTICLE XV.

5889

WITHDRAWAL AND DISSOLUTION

5890

(A) Withdrawal:

5891

(1) Once effective, the compact shall continue in force and	5892
remain binding upon each and every member state; provided that a	5893
member state may withdraw from the compact specifically repealing	5894
the statute which enacted the compact into law.	5895

(2) Withdrawal from this compact shall be by the enactment of	5896
a statute repealing the same. The effective date of withdrawal	5897
shall be the effective date of the repeal of the statute.	5898

(3) The withdrawing state shall immediately notify the	5899
president of the Interstate Commission in writing upon the	5900
introduction of legislation repealing this compact in the	5901
withdrawing state. The Interstate Commission shall then notify the	5902
other member states of the withdrawing state's intent to withdraw.	5903

(4) The withdrawing state is responsible for all assessments,	5904
obligations and liabilities incurred through the effective date of	5905
withdrawal.	5906

(5) Reinstatement following withdrawal of a member state	5907
shall occur upon the withdrawing stated reenacting the compact or	5908
upon such later date as determined by the members of the	5909
Interstate Commission.	5910

(B) Dissolution of Compact:

5911

(1) This compact shall dissolve effective upon the date of	5912
the withdrawal or default of the member state which reduces the	5913
membership in the compact to one member state.	5914

(2) Upon the dissolution of this compact, the compact becomes	5915
null and void and shall be of no further force or effect, and the	5916
business and affairs of the Interstate Commission shall be	5917
concluded and surplus funds shall be distributed in accordance	5918
with the bylaws.	5919

ARTICLE XVI.

5920

SEVERABILITY AND CONSTRUCTION

5921

(A) The provisions of this compact shall be severable, and if	5922
any phrase, clause, sentence or provision is deemed unenforceable,	5923
the remaining provisions of the compact shall be enforceable.	5924

(B) The provisions of this compact shall be liberally	5925
construed to effectuate its purposes.	5926

(C) Nothing in this compact shall be construed to prohibit	5927
the concurrent applicability of other interstate compacts to which	5928
the states are members.	5929

ARTICLE XVII.

5930

BINDING EFFECT OF COMPACT AND OTHER LAWS

5931

(A) Other Laws:

5932

(1) Nothing herein prevents the enforcement of any other law	5933
of a member state that is not inconsistent with this compact.	5934

(2) All member states' laws conflicting with this compact or	5935
its rules are superseded to the extent of the conflict.	5936

(B) Binding Effect of the Compact:

5937

(1) All lawful actions of the Interstate Commission,	5938
including all rules and bylaws promulgated by the Interstate	5939
Commission, are binding upon the member states.	5940

(2) All agreements between the Interstate Commission and the	5941
member states are binding in accordance with their terms.	5942

(3) In the event any provision of the compact exceeds the	5943
constitutional limits imposed on the legislature of any member	5944
state, such provision shall be ineffective to the extent of the	5945
conflict with the constitutional provision in question in that	5946
member state.	5947

ARTICLE XVIII.

5948

INDIAN TRIBES

5949

Notwithstanding any other provision in this compact, the	5950
Interstate Commission may promulgate guidelines to permit Indian	5951
tribes to utilize the compact to achieve any or all of the	5952
purposes of the compact as specified in Article I. The Interstate	5953
Commission shall make reasonable efforts to consult with Indian	5954
tribes in promulgating guidelines to reflect the diverse	5955
circumstances of the various Indian tribes.	5956

Sec. 5103.21.  The department of job and family services may	5957
adopt rules necessary for the implementation of section 5103.20 of	5958
the Revised Code.	5959

Sec. 5103.22.  As used in division (B) of Article VIII of	5960
section 5103.20 of the Revised Code, "state human services	5961
administration" means the department of job and family services.	5962

Sec. 5153.60.        Sec. 5103.30. (A) The Ohio child welfare training	5963
program is hereby established in the department of job and family	5964
services shall establishas a statewide program that provides. The	5965
program shall provide all of the following:	5966

(1)(A) The training that section 3107.014 of the Revised Code	5967
requires an assessor to complete;	5968

(B) The preplacement training that sections 5103.031 and	5969
5103.033 of the Revised Code require a prospective foster	5970
caregiver to complete;	5971

(C) The continuing training that sections 5103.032 and	5972
5103.033 of the Revised Code require a foster caregiver to	5973
complete;	5974

(D) The training that section 5153.122 of the Revised Code	5975
requires public children services agency caseworkers and	5976
supervisorsa PCSA caseworker to complete;	5977

(2) The preplacement and continuing training described in	5978
sections 5103.034, 5103.039, and 5103.0311 of the Revised Code	5979
that foster caregivers are required by sections 5103.031,	5980
5103.032, and 5103.033 of the Revised Code to obtain;	5981

(3) The education programs for adoption assessors required by	5982
section 3107.014 of the Revised Code(E) The training that section	5983
5153.123 of the Revised Code requires a PCSA caseworker supervisor	5984
to complete.	5985

(B) The program established pursuant to division (A) of this	5986
section shall be called the "Ohio child welfare training program."	5987

Sec. 5103.301.  The Ohio child welfare training program shall	5988
make its preplacement and continuing training provided under	5989
divisions (B) and (C) of section 5103.30 of the Revised Code	5990
available to a prospective foster caregiver or foster caregiver	5991
without regard to the type of recommending agency from which the	5992
prospective foster caregiver or foster caregiver seeks a	5993
recommendation.	5994

Sec. 5103.302.  The Ohio child welfare training program may	5995
condition a prospective foster caregiver or foster caregiver's	5996
enrollment in its preplacement and continuing training provided	5997
under divisions (B) and (C) of section 5103.30 of the Revised Code	5998
on the availability of space in the training if the prospective	5999
foster caregiver or foster caregiver's recommending agency is a	6000
private child placing agency or private noncustodial agency.	6001

Sec. 5103.303.  When the Ohio child welfare training program	6002
provides preplacement or continuing training to a prospective	6003
foster caregiver or foster caregiver whose recommending agency is	6004
a private child placing agency or private noncustodial agency, the	6005
department of job and family services shall not pay the Ohio child	6006
welfare training program the allowance the department would	6007
otherwise pay to the private child placing agency or private	6008
noncustodial agency under section 5103.0313 of the Revised Code	6009
for the training.	6010

Sec. 5103.31.  Training provided under section 5103.30 of the	6011
Revised Code shall provide the knowledge, skill, and ability	6012
needed to do the jobs that the training is for. The Ohio child	6013
welfare training program coordinator shall identify the	6014
competencies needed to do the jobs that the training is for so	6015
that the training helps the development of those competencies. In	6016
addition, the training shall do all of the following:	6017

(A) In the case of the training provided under division (A)	6018
of section 5103.30 of the Revised Code, comply with the rules	6019
adopted under section 3107.015 of the Revised Code;	6020

(B) In the case of the preplacement training provided under	6021
division (B) of section 5103.30 of the Revised Code, comply with	6022
section 5103.039 of the Revised Code and division (A) of section	6023
5103.0311 of the Revised Code;	6024

(C) In the case of the continuing training provided under	6025
division (C) of section 5103.30 of the Revised Code, comply with	6026
rules adopted under division (C) of section 5103.0316 of the	6027
Revised Code;	6028

(D) In the case of the training provided under divisions (D)	6029
and (E) of section 5103.30 of the Revised Code, comply with rules	6030
adopted under section 5153.124 of the Revised Code.	6031

Sec. 5153.78.        Sec. 5103.32.  (A) As used in this section:

6032

(1) "Title IV-B" means Title IV-B of the "Social Security Act	6033
of 1967," 81 Stat. 821, 42 U.S.C. 620, as amended.	6034

(2) "Title IV-E" means Title IV-E of the "Social Security	6035
Act," 94 Stat. 501, 42 U.S.C. 670(1980).	6036

(3) "Title XX" has the same meaning as in section 5101.46 of	6037
the Revised Code.	6038

(B) For purposes of adequately funding the Ohio child welfare	6039
training program, the department of job and family services may	6040
use any of the following:	6041

(1) The federal financial participation funds withheld	6042
pursuant to division (E) of section 5101.141 of the Revised Code	6043
in an amount determined by the department;	6044

(2) Funds available under Title XX, Title IV-B, and Title	6045
IV-E to pay for training costs;	6046

(3) Other available state or federal funds;

6047

(4) Funds that a person, including a foundation, makes	6048
available for the program.	6049

Sec. 5103.33.  The director of job and family services shall	6050
adopt rules under Chapter 119. of the Revised Code as necessary to	6051
implement the Ohio child welfare training program.	6052

Sec. 5103.34.  The department of job and family services	6053
shall monitor and evaluate the Ohio child welfare training program	6054
to ensure that the program satisfies all of the requirements	6055
established by law enacted by the general assembly regarding the	6056
program and rules adopted under section 5103.33 of the Revised	6057
Code. As part of the monitoring and evaluation, the department	6058
shall ensure that the training provided under section 5103.30 of	6059
the Revised Code meets all of the requirements of section 5103.31	6060
of the Revised Code, including the requirement that the training	6061
be competency based.	6062

Sec. 5153.61.        Sec. 5103.35.  Each fiscal biennium, the department	6063
of job and family services shall contract with an entity to serve	6064
as the training coordinator for the Ohio child welfare training	6065
program coordinator. The training coordinator shall develop,	6066
implement, and manage the training program. The department shall	6067
select the entity with which to contract from the candidates	6068
selected pursuant toentities that submit a proposal that meets,	6069
as determined under section 5103.362 of the Revised Code, the	6070
requirements of the request for proposals issued under section	6071
5153.635103.36 of the Revised Code. AThe department may contract	6072
with the entity the department contracted with the previous fiscal	6073
biennium even though no request for proposals is issued if, as	6074
specified in section 5103.361 of the Revised Code, a request for	6075
proposals is not required for the upcoming fiscal biennium.	6076

A contract entered into under this section shall be effective	6077
on the first day of the fiscal biennium for which it is entered	6078
into and terminate on the last day of that fiscal biennium. The	6079
contract shall require the coordinator to perform the duties	6080
specified in section 5103.37 of the Revised Code.	6081

Sec. 5153.62.        Sec. 5103.36. Before the beginning of each fiscal	6082
biennium, theThe department of job and family services shall	6083
develop and issue or cause to be issued a request for proposals	6084
for the development, implementation, and management, as training	6085
coordinator, ofan entity to serve as the Ohio child welfare	6086
training program during the bienniumcoordinator. The department	6087
shall develop the request for proposals in consultation with	6088
individuals designatedsolicited under section 5153.645103.365 of	6089
the Revised Code. The request for proposals shall explain the	6090
types of duties of the coordinator.	6091

Sec. 5103.361.  (A) Except as provided in division (B) of	6092
this section, the request for proposals required by section	6093
5103.36 of the Revised Code shall be developed and issued before	6094
the beginning of each fiscal biennium.	6095

(B) The department is not required to develop and issue or	6096
cause to be issued the request for proposals before the beginning	6097
of a fiscal biennium if both of the following are the case:	6098

(1) The department developed and issued or caused to be	6099
issued such a request for proposals before at least one of the	6100
three previous fiscal biennia;	6101

(2) The department and entity under contract to serve as the	6102
Ohio child welfare training program coordinator contract for that	6103
entity to continue serving as the coordinator for the upcoming	6104
fiscal biennium.	6105

Sec. 5153.63.        Sec. 5103.362. Before the beginning of each fiscal	6106
biennium,After considering recommendations from the individuals	6107
designatedsolicited under section 5153.645103.363 of the Revised	6108
Code, the department of job and family services shall review all	6109
responses to thedetermine which of the proposals received in	6110
response to a request for proposals issued under section 5153.62	6111
5103.36 of the Revised Code for the biennium and recommend to the	6112
department of job and family services those entities that meet the	6113
requirements of the request.	6114

Sec. 5153.64.        Sec. 5103.363.  The director of job and family	6115
services shall selectsolicit representatives from all of the	6116
following organizations to perform the consultation and	6117
recommendation duties under sections 5153.625103.36 and 5153.63	6118
5103.362 of the Revised Code:	6119

(A) Regional training centers established under section	6120
5153.725103.42 of the Revised Code;	6121

(B) Staff of public children services agencies;

6122

(C) Staff of the state department of job and family services;

6123

(D) A statewide organization that represents the interests of	6124
public children services agencies.	6125

Sec. 5153.65.        Sec. 5103.37.  The entity contracted with to serve as	6126
the training coordinator for the Ohio child welfare training	6127
program coordinator shall do all the following as part of its	6128
duties underpursuant to the contract entered into under section	6129
5103.35 of the Revised Code:	6130

(A) AdministerManage, coordinate, and evaluate all of the	6131
program's training program activities under the programprovided	6132
under section 5103.30 of the Revised Code;	6133

(B) Develop training curriculum, resources, and products for	6134
the training;	6135

(C) Provide fiscal management and technical assistance to	6136
regional training centers established under section 5153.72	6137
5103.42 of the Revised Code;	6138

(D) Cooperate with the regional training centers to schedule	6139
training sessions for the training, provide notices of the	6140
training sessions, and provide training materials for the	6141
sessions;	6142

(E) Employ and compensate training session instructors for	6143
the training;	6144

(F) Create individual training needs assessment forms	6145
assessments for use pursuant to sections 5153.755153.125 and	6146
5153.765153.126 of the Revised Code;	6147

(G) Provide staff for the Ohio child welfare training program	6148
steering committee established under section 5103.39 of the	6149
Revised Code;	6150

(H) Conduct any other activities necessary for the	6151
development, implementation, and management of the training	6152
program as specified in the contract.	6153

Sec. 5153.70.        Sec. 5103.38.  The department of job and family	6154
services shall oversee the operation of the entity contracted with	6155
under section 5153.61 of the Revised Code regarding theOhio child	6156
welfare training program coordinator's development,	6157
implementation, and management of the Ohio child welfare training	6158
program.	6159

Sec. 5153.66.        Sec. 5103.39.  The director of job and family	6160
services shall establish the Ohio child welfare training program	6161
steering committee. Sections 101.82 to 101.87 of the Revised Code	6162
do not apply to the committee.	6163

Sec. 5153.67.        Sec. 5103.391. (A) The director of job and family	6164
services shall appoint all of the following to serve on the Ohio	6165
child welfare training program steering committee:	6166

(1)(A) Employees of the department of job and family	6167
services;	6168

(2) Representatives(B) One representative of each of the	6169
regional training centers established under section 5153.72	6170
5103.42 of the Revised Code;	6171

(3) A(C) One representative of ana statewide organization	6172
that represents the interests of public children services	6173
agencies;	6174

(4) A(D) One representative of the entity contracted with to	6175
serve as the training coordinator for the Ohio child welfare	6176
training program coordinator;	6177

(5) Two employees(E) Employees of public children services	6178
agencies.	6179

(B) All initial appointments required to be made under this	6180
section shall be made no later than thirty days after the	6181
effective date of this section.	6182

The representative of an entity contracted with to serve as	6183
the training coordinator shall serve on the committee until the	6184
department of job and family services contracts with a different	6185
entity to serve as the training coordinator.	6186

The entity under contract on the effective date of this	6187
section to coordinate training for caseworkers and supervisors in	6188
the state shall be considered the entity that contracts with the	6189
department to serve as the training coordinator for the Ohio child	6190
welfare training program.	6191

Sec. 5103.40.  The Ohio child welfare training program	6192
steering committee shall do all of the following:	6193

(A) Following procedures the committee shall establish,	6194
adopt, amend, and rescind by-laws as necessary regarding the	6195
committee's governance, frequency of meetings, and other matters	6196
concerning the committee's operation;	6197

(B) Conduct strategic planning activities regarding the Ohio	6198
child welfare training program;	6199

(C) Provide the department of job and family services and	6200
Ohio child welfare training program coordinator recommendations	6201
regarding the program's operation;	6202

(D) After reviewing individual training needs assessments	6203
completed under sections 5153.125 and 5153.126 of the Revised	6204
Code, consult with the Ohio child welfare training program	6205
coordinator on the design and content of the training that the	6206
program provides pursuant to divisions (D) and (E) of section	6207
5103.30 of the Revised Code;	6208

(E) Review curricula created for the training provided under	6209
section 5103.30 of the Revised Code;	6210

(F) Provide the department recommendations regarding the	6211
curricula reviewed under division (E) of this section as the	6212
committee determines necessary for the training to be relevant to	6213
the needs of the child welfare field;	6214

(G) Evaluate the training and provide the department	6215
recommendations as the committee determines necessary for the	6216
training to be able to enable all of the following:	6217

(1) Assessors to satisfy the training requirement of section	6218
3107.014 of the Revised Code;	6219

(2) Prospective foster caregivers and foster caregivers to	6220
satisfy the preplacement and continuing training requirements of	6221
sections 5103.031, 5103.032, and 5103.033 of the Revised Code;	6222

(3) PCSA caseworkers to satisfy the training requirements of	6223
section 5153.122 of the Revised Code;	6224

(4) PCSA caseworker supervisors to satisfy the training	6225
requirements of section 5153.123 of the Revised Code.	6226

Sec. 5153.71.        Sec. 5103.41.  Prior to the beginning of the fiscal	6227
biennium that first follows the effective date of this section	6228
October 5, 2000, the department of job and family services, in	6229
consultation with the Ohio child welfare training program steering	6230
committee, shall designate eight training regions in the state.	6231
The department, at times it selects, shall review the composition	6232
of the training regions. The committee, at times it selects, shall	6233
also review the training regions' composition and provide the	6234
department recommendations on changes. The department may change	6235
the composition of the training regions as neededthe department	6236
considers necessary. Each training region shall contain only one	6237
regional training center established and maintained under section	6238
5153.725103.42 of the Revised Code.	6239

Sec. 5153.72.        Sec. 5103.42.  Prior to the beginning of the fiscal	6240
biennium that first follows October 5, 2000, the public children	6241
services agencies of Athens, Cuyahoga, Franklin, Greene, Guernsey,	6242
Hamilton, Lucas, and Summit counties shall each establish and	6243
maintain a regional training center. At any time after the	6244
beginning of that biennium, the department of job and family	6245
services, on the recommendation of the Ohio child welfare training	6246
program steering committee, may direct a public children services	6247
agency to establish and maintain a training center to replace the	6248
center established by an agency under this section. There may be	6249
no more and no less than eight centers in existence at any time.	6250
The department may make a grant to a public children services	6251
agency that establishes and maintains a regional training center	6252
under this section for the purpose of wholly or partially	6253
subsidizing the operation of the center. The department shall	6254
specify in the grant all of the center's duties, including the	6255
duties specified in section 5103.422 of the Revised Code.	6256

Sec. 5153.73.        Sec. 5103.421.  The executive director of each public	6257
children services agency required to establish and maintain a	6258
regional training center shall appoint a manager to operate the	6259
training center in accordance with section 5153.745103.422 of the	6260
Revised Code.	6261

Sec. 5153.74.        Sec. 5103.422.  A regional training center's	6262
responsibilities shall include all of the following:	6263

(A) SecureSecuring facilities suitable for conducting the	6264
training programs and sessionsprovided under section 5103.30 of	6265
the Revised Code;	6266

(B) ProvideProviding administrative services and paypaying	6267
all administrative costs related to the conduct of the training	6268
programs and sessions;	6269

(C) MaintainMaintaining a database of the data contained in	6270
the individual training needs assessments for each PCSA caseworker	6271
and PCSA caseworker supervisor employed by a public children	6272
services agency located in the training region served by the	6273
center;	6274

(D) AssessAnalyzing training needs of PCSA caseworkers and	6275
PCSA caseworker supervisors employed by a public children services	6276
agency located in the training region served by the center;	6277

(E) Cooperate withCoordinating the entity contracted with	6278
under section 5153.61 of the Revised Code in coordinating training	6279
programs and sessions at the center with the Ohio child welfare	6280
training program coordinator.	6281

Sec. 5104.01.  As used in this chapter:

6282

(A) "Administrator" means the person responsible for the	6283
daily operation of a center or type A home. The administrator and	6284
the owner may be the same person.	6285

(B) "Approved child day camp" means a child day camp approved	6286
pursuant to section 5104.22 of the Revised Code.	6287

(C) "Authorized provider" means a person authorized by a	6288
county director of job and family services to operate a certified	6289
type B family day-care home.	6290

(D) "Border state child care provider" means a child care	6291
provider that is located in a state bordering Ohio and that is	6292
licensed, certified, or otherwise approved by that state to	6293
provide child care.	6294

(E) "Caretaker parent" means the father or mother of a child	6295
whose presence in the home is needed as the caretaker of the	6296
child, a person who has legal custody of a child and whose	6297
presence in the home is needed as the caretaker of the child, a	6298
guardian of a child whose presence in the home is needed as the	6299
caretaker of the child, and any other person who stands in loco	6300
parentis with respect to the child and whose presence in the home	6301
is needed as the caretaker of the child.	6302

(F) "Certified type B family day-care home" and "certified	6303
type B home" mean a type B family day-care home that is certified	6304
by the director of the county department of job and family	6305
services pursuant to section 5104.11 of the Revised Code to	6306
receive public funds for providing child care pursuant to this	6307
chapter and any rules adopted under it.	6308

(G) "Chartered nonpublic school" means a school that meets	6309
standards for nonpublic schools prescribed by the state board of	6310
education for nonpublic schools pursuant to section 3301.07 of the	6311
Revised Code.	6312

(H) "Child" includes an infant, toddler, preschool child, or	6313
school child.	6314

(I) "Child care block grant act" means the "Child Care and	6315
Development Block Grant Act of 1990," established in section 5082	6316
of the "Omnibus Budget Reconciliation Act of 1990," 104 Stat.	6317
1388-236 (1990), 42 U.S.C. 9858, as amended.	6318

(J) "Child day camp" means a program in which only school	6319
children attend or participate, that operates for no more than	6320
seven hours per day, that operates only during one or more public	6321
school district's regular vacation periods or for no more than	6322
fifteen weeks during the summer, and that operates outdoor	6323
activities for each child who attends or participates in the	6324
program for a minimum of fifty per cent of each day that children	6325
attend or participate in the program, except for any day when	6326
hazardous weather conditions prevent the program from operating	6327
outdoor activities for a minimum of fifty per cent of that day.	6328
For purposes of this division, the maximum seven hours of	6329
operation time does not include transportation time from a child's	6330
home to a child day camp and from a child day camp to a child's	6331
home.	6332

(K) "Child care" means administering to the needs of infants,	6333
toddlers, preschool children, and school children outside of	6334
school hours by persons other than their parents or guardians,	6335
custodians, or relatives by blood, marriage, or adoption for any	6336
part of the twenty-four-hour day in a place or residence other	6337
than a child's own home.	6338

(L) "Child day-care center" and "center" mean any place in	6339
which child care or publicly funded child care is provided for	6340
thirteen or more children at one time or any place that is not the	6341
permanent residence of the licensee or administrator in which	6342
child care or publicly funded child care is provided for seven to	6343
twelve children at one time. In counting children for the	6344
purposes of this division, any children under six years of age who	6345
are related to a licensee, administrator, or employee and who are	6346
on the premises of the center shall be counted. "Child day-care	6347
center" and "center" do not include any of the following:	6348

(1) A place located in and operated by a hospital, as defined	6349
in section 3727.01 of the Revised Code, in which the needs of	6350
children are administered to, if all the children whose needs are	6351
being administered to are monitored under the on-site supervision	6352
of a physician licensed under Chapter 4731. of the Revised Code or	6353
a registered nurse licensed under Chapter 4723. of the Revised	6354
Code, and the services are provided only for children who, in the	6355
opinion of the child's parent, guardian, or custodian, are	6356
exhibiting symptoms of a communicable disease or other illness or	6357
are injured;	6358

(2) A child day camp;

6359

(3) A place that provides child care, but not publicly funded	6360
child care, if all of the following apply:	6361

(a) An organized religious body provides the child care;

6362

(b) A parent, custodian, or guardian of at least one child	6363
receiving child care is on the premises and readily accessible at	6364
all times;	6365

(c) The child care is not provided for more than thirty days	6366
a year;	6367

(d) The child care is provided only for preschool and school	6368
children.	6369

(M) "Child care resource and referral service organization"	6370
means a community-based nonprofit organization that provides child	6371
care resource and referral services but not child care.	6372

(N) "Child care resource and referral services" means all of	6373
the following services:	6374

(1) Maintenance of a uniform data base of all child care	6375
providers in the community that are in compliance with this	6376
chapter, including current occupancy and vacancy data;	6377

(2) Provision of individualized consumer education to	6378
families seeking child care;	6379

(3) Provision of timely referrals of available child care	6380
providers to families seeking child care;	6381

(4) Recruitment of child care providers;

6382

(5) Assistance in the development, conduct, and dissemination	6383
of training for child care providers and provision of technical	6384
assistance to current and potential child care providers,	6385
employers, and the community;	6386

(6) Collection and analysis of data on the supply of and	6387
demand for child care in the community;	6388

(7) Technical assistance concerning locally, state, and	6389
federally funded child care and early childhood education	6390
programs;	6391

(8) Stimulation of employer involvement in making child care	6392
more affordable, more available, safer, and of higher quality for	6393
their employees and for the community;	6394

(9) Provision of written educational materials to caretaker	6395
parents and informational resources to child care providers;	6396

(10) Coordination of services among child care resource and	6397
referral service organizations to assist in developing and	6398
maintaining a statewide system of child care resource and referral	6399
services if required by the department of job and family services;	6400

(11) Cooperation with the county department of job and family	6401
services in encouraging the establishment of parent cooperative	6402
child care centers and parent cooperative type A family day-care	6403
homes.	6404

(O) "Child-care staff member" means an employee of a child	6405
day-care center or type A family day-care home who is primarily	6406
responsible for the care and supervision of children. The	6407
administrator may be a part-time child-care staff member when not	6408
involved in other duties.	6409

(P) "Drop-in child day-care center," "drop-in center,"	6410
"drop-in type A family day-care home," and "drop-in type A home"	6411
mean a center or type A home that provides child care or publicly	6412
funded child care for children on a temporary, irregular basis.	6413

(Q) "Employee" means a person who either:

6414

(1) Receives compensation for duties performed in a child	6415
day-care center or type A family day-care home;	6416

(2) Is assigned specific working hours or duties in a child	6417
day-care center or type A family day-care home.	6418

(R) "Employer" means a person, firm, institution,	6419
organization, or agency that operates a child day-care center or	6420
type A family day-care home subject to licensure under this	6421
chapter.	6422

(S) "Federal poverty line" means the official poverty	6423
guideline as revised annually in accordance with section 673(2) of	6424
the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42	6425
U.S.C. 9902, as amended, for a family size equal to the size of	6426
the family of the person whose income is being determined.	6427

(T) "Head start program" means a comprehensive child	6428
development program that receives funds distributed under the	6429
"Head Start Act," 95 Stat. 499 (1981), 42 U.S.C.A. 9831, as	6430
amended, and is licensed as a child day-care center.	6431

(U) "Income" means gross income, as defined in section	6432
5107.10 of the Revised Code, less any amounts required by federal	6433
statutes or regulations to be disregarded.	6434

(V) "Indicator checklist" means an inspection tool, used in	6435
conjunction with an instrument-based program monitoring	6436
information system, that contains selected licensing requirements	6437
that are statistically reliable indicators or predictors of a	6438
child day-care center or type A family day-care home's compliance	6439
with licensing requirements.	6440

(W) "Infant" means a child who is less than eighteen months	6441
of age.	6442

(X) "In-home aide" means a person who does not reside with	6443
the child but provides care in the child's home and is certified	6444
by a county director of job and family services pursuant to	6445
section 5104.12 of the Revised Code to provide publicly funded	6446
child care to a child in a child's own home pursuant to this	6447
chapter and any rules adopted under it.	6448

(Y) "Instrument-based program monitoring information system"	6449
means a method to assess compliance with licensing requirements	6450
for child day-care centers and type A family day-care homes in	6451
which each licensing requirement is assigned a weight indicative	6452
of the relative importance of the requirement to the health,	6453
growth, and safety of the children that is used to develop an	6454
indicator checklist.	6455

(Z) "License capacity" means the maximum number in each age	6456
category of children who may be cared for in a child day-care	6457
center or type A family day-care home at one time as determined by	6458
the director of job and family services considering building	6459
occupancy limits established by the department of commerce, number	6460
of available child-care staff members, amount of available indoor	6461
floor space and outdoor play space, and amount of available play	6462
equipment, materials, and supplies.	6463

(AA) "Licensed preschool program" or "licensed school child	6464
program" means a preschool program or school child program, as	6465
defined in section 3301.52 of the Revised Code, that is licensed	6466
by the department of education pursuant to sections 3301.52 to	6467
3301.59 of the Revised Code.	6468

(BB) "Licensee" means the owner of a child day-care center or	6469
type A family day-care home that is licensed pursuant to this	6470
chapter and who is responsible for ensuring its compliance with	6471
this chapter and rules adopted pursuant to this chapter.	6472

(CC) "Operate a child day camp" means to operate, establish,	6473
manage, conduct, or maintain a child day camp.	6474

(DD) "Owner" includes a person, as defined in section 1.59 of	6475
the Revised Code, or government entity.	6476

(EE) "Parent cooperative child day-care center," "parent	6477
cooperative center," "parent cooperative type A family day-care	6478
home," and "parent cooperative type A home" mean a corporation or	6479
association organized for providing educational services to the	6480
children of members of the corporation or association, without	6481
gain to the corporation or association as an entity, in which the	6482
services of the corporation or association are provided only to	6483
children of the members of the corporation or association,	6484
ownership and control of the corporation or association rests	6485
solely with the members of the corporation or association, and at	6486
least one parent-member of the corporation or association is on	6487
the premises of the center or type A home during its hours of	6488
operation.	6489

(FF) "Part-time child day-care center," "part-time center,"	6490
"part-time type A family day-care home," and "part-time type A	6491
home" mean a center or type A home that provides child care or	6492
publicly funded child care for no more than four hours a day for	6493
any child.	6494

(GG) "Place of worship" means a building where activities of	6495
an organized religious group are conducted and includes the	6496
grounds and any other buildings on the grounds used for such	6497
activities.	6498

(HH) "Preschool child" means a child who is three years old	6499
or older but is not a school child.	6500

(II) "Protective child care" means publicly funded child care	6501
for the direct care and protection of a child to whom either of	6502
the following applies:	6503

(1) A case plan prepared and maintained for the child	6504
pursuant to section 2151.412 of the Revised Code indicates a need	6505
for protective care and the child resides with a parent,	6506
stepparent, guardian, or another person who stands in loco	6507
parentis as defined in rules adopted under section 5104.38 of the	6508
Revised Code;	6509

(2) The child and the child's caretaker either temporarily	6510
reside in a facility providing emergency shelter for homeless	6511
families or are determined by the county department of job and	6512
family services to be homeless, and are otherwise ineligible for	6513
publicly funded child care.	6514

(JJ) "Publicly funded child care" means administering to the	6515
needs of infants, toddlers, preschool children, and school	6516
children under age thirteen during any part of the	6517
twenty-four-hour day by persons other than their caretaker parents	6518
for remuneration wholly or in part with federal or state funds,	6519
including funds available under the child care block grant act,	6520
Title IV-A, and Title XX, distributed by the department of job and	6521
family services.	6522

(KK) "Religious activities" means any of the following:	6523
worship or other religious services; religious instruction; Sunday	6524
school classes or other religious classes conducted during or	6525
prior to worship or other religious services; youth or adult	6526
fellowship activities; choir or other musical group practices or	6527
programs; meals; festivals; or meetings conducted by an organized	6528
religious group.	6529

(LL) "School child" means a child who is enrolled in or is	6530
eligible to be enrolled in a grade of kindergarten or above but is	6531
less than fifteen years old.	6532

(MM) "School child day-care center," "school child center,"	6533
"school child type A family day-care home," and "school child type	6534
A family home" mean a center or type A home that provides child	6535
care for school children only and that does either or both of the	6536
following:	6537

(1) Operates only during that part of the day that	6538
immediately precedes or follows the public school day of the	6539
school district in which the center or type A home is located;	6540

(2) Operates only when the public schools in the school	6541
district in which the center or type A home is located are not	6542
open for instruction with pupils in attendance.	6543

(NN) "State median income" means the state median income	6544
calculated by the department of development pursuant to division	6545
(A)(1)(g) of section 5709.61 of the Revised Code.	6546

(OO) "Title IV-A" means Title IV-A of the "Social Security	6547
Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended.	6548

(PP) "Title XX" means Title XX of the "Social Security Act,"	6549
88 Stat. 2337 (1974), 42 U.S.C. 1397, as amended.	6550

(QQ) "Toddler" means a child who is at least eighteen months	6551
of age but less than three years of age.	6552

(RR) "Type A family day-care home" and "type A home" mean a	6553
permanent residence of the administrator in which child care or	6554
publicly funded child care is provided for seven to twelve	6555
children at one time or a permanent residence of the administrator	6556
in which child care is provided for four to twelve children at one	6557
time if four or more children at one time are under two years of	6558
age. In counting children for the purposes of this division, any	6559
children under six years of age who are related to a licensee,	6560
administrator, or employee and who are on the premises of the type	6561
A home shall be counted. "Type A family day-care home" does not	6562
include a residence in which the needs of children are	6563
administered to, if all of the children whose needs are being	6564
administered to are siblings of the same immediate family and the	6565
residence is the home of the siblings. "Type A family day-care	6566
home" and "type A home" do not include any child day camp.	6567

(SS) "Type B family day-care home" and "type B home" mean a	6568
permanent residence of the provider in which child care is	6569
provided for one to six children at one time and in which no more	6570
than three children are under two years of age at one time. In	6571
counting children for the purposes of this division, any children	6572
under six years of age who are related to the provider and who are	6573
on the premises of the type B home shall be counted. "Type B	6574
family day-care home" does not include a residence in which the	6575
needs of children are administered to, if all of the children	6576
whose needs are being administered to are siblings of the same	6577
immediate family and the residence is the home of the siblings.	6578
"Type B family day-care home" and "type B home" do not include any	6579
child day camp.	6580

Sec. 5104.11.  (A)(1) Every person desiring to receive	6581
certification for a type B family day-care home to provide	6582
publicly funded child care shall apply for certification to the	6583
county director of job and family services on such forms as the	6584
director of job and family services prescribes. The county	6585
director shall provide at no charge to each applicant a copy of	6586
rules for certifying type B family day-care homes adopted pursuant	6587
to this chapter.	6588

(2) Except as provided in division (G)(1) of section 5104.011	6589
of the Revised Code, after receipt of an application for	6590
certification from a type B family day-care home, the county	6591
director of job and family services shall inspect the home. If it	6592
complies with this chapter and any applicable rules adopted under	6593
this chapter, the county department shall certify the type B	6594
family day-care home to provide publicly funded child care	6595
pursuant to this chapter and any rules adopted under it. The	6596
director of job and family services or a county director of job	6597
and family services may contract with a government entity or a	6598
private nonprofit entity for that entity to inspect and certify	6599
type B family day-care homes pursuant to this section. The county	6600
department of job and family services, government entity, or	6601
nonprofit entity shall conduct the inspection prior to the	6602
issuance of a certificate for the type B home and, as part of that	6603
inspection, ensure that the type B home is safe and sanitary.	6604

(3)(a) On receipt of an application for certification for a	6605
type B family day-care home to provide publicly funded child care	6606
or for renewal of such certification, the county department shall	6607
request from the public children services agencyboth of the	6608
following information concerning any abuse or neglect report made	6609
pursuant to section 2151.421 of the Revised Code of which the	6610
applicant, any other adult residing in the applicant's home, or a	6611
person designated by the applicant to be an emergency or	6612
substitute caregiver for the applicant is the subject. The:	6613

(i) The public children services agency, until the county	6614
department is notified by the department of job and family	6615
services that the uniform statewide automated child welfare	6616
information system has been finalized statewide;	6617

(ii) Upon receipt of notification under division (D) of	6618
section 5101.13 of the Revised Code that the uniform statewide	6619
automated child welfare information system has been implemented	6620
statewide, the uniform statewide automated child welfare	6621
information system via the department.	6622

(b) The county department shall consider any information	6623
provided by the agency or the department pursuant to section	6624
5153.175 of the Revised Code. If the county department determines	6625
that the information, when viewed within the totality of the	6626
circumstances, reasonably leads to the conclusion that the	6627
applicant may directly or indirectly endanger the health, safety,	6628
or welfare of children, the county department shall deny the	6629
application for certification or renewal of certification, or	6630
revoke the certification of an authorized provider.	6631

(c) As used in division (A)(3) of this section, "public	6632
children services agency" means either an entity separate from the	6633
county department or the part of the county department that serves	6634
as the county's public children services agency, as appropriate.	6635

(4) Except as provided in division (A)(5) of this section, an	6636
authorized provider of a type B family day-care home that receives	6637
a certificate pursuant to this section to provide publicly funded	6638
child care is an independent contractor and is not an employee of	6639
the county department of job and family services that issues the	6640
certificate.	6641

(5) For purposes of Chapter 4141. of the Revised Code,	6642
determinations concerning the employment of an authorized provider	6643
of a type B family day-care home that receives a certificate	6644
pursuant to this section shall be determined under Chapter 4141.	6645
of the Revised Code.	6646

(B) If the county director of job and family services	6647
determines that the type B family day-care home complies with this	6648
chapter and any rules adopted under it, the county director shall	6649
issue to the provider a certificate to provide publicly funded	6650
child care, which certificate is valid for twelve months, unless	6651
revoked earlier. The county director may revoke the certificate	6652
after determining that revocation is necessary. The authorized	6653
provider shall post the certificate in a conspicuous place in the	6654
certified type B home that is accessible to parents, custodians,	6655
or guardians at all times. The certificate shall state the name	6656
and address of the authorized provider, the maximum number of	6657
children who may be cared for at any one time in the certified	6658
type B home, the expiration date of the certification, and the	6659
name and telephone number of the county director who issued the	6660
certificate.	6661

(C)(1) The county director shall inspect every certified type	6662
B family day-care home at least twice within each twelve-month	6663
period of the operation of the certified type B home. A minimum of	6664
one inspection shall be unannounced and all inspections may be	6665
unannounced. Upon receipt of a complaint, the county director	6666
shall investigate the certified type B home, and division (C)(2)	6667
of this section applies regarding the complaint. The authorized	6668
provider shall permit the county director to inspect any part of	6669
the certified type B home. The county director shall prepare a	6670
written inspection report and furnish one copy to the authorized	6671
provider within a reasonable time after the inspection.	6672

(2) Upon receipt of a complaint as described in division	6673
(C)(1) of this section, in addition to the investigation that is	6674
required under that division, both of the following apply:	6675

(a) If the complaint alleges that a child suffered physical	6676
harm while receiving child care at the certified type B family	6677
day-care home or that the noncompliance with law or act alleged in	6678
the complaint involved, resulted in, or poses a substantial risk	6679
of physical harm to a child receiving child care at the home, the	6680
county director shall inspect the home.	6681

(b) If division (C)(2)(a) of this section does not apply	6682
regarding the complaint, the county director may inspect the	6683
certified type B family day-care home.	6684

(3) Division (C)(2) of this section does not limit, restrict,	6685
or negate any duty of the county director to inspect a certified	6686
type B family day-care home that otherwise is imposed under this	6687
section, or any authority of the county director to inspect a home	6688
that otherwise is granted under this section when the county	6689
director believes the inspection is necessary and it is permitted	6690
under the grant.	6691

(D) The county director of job and family services, in	6692
accordance with rules adopted pursuant to section 5104.052 of the	6693
Revised Code regarding fire safety and fire prevention, shall	6694
inspect each type B home that applies to be certified that is	6695
providing or is to provide publicly funded child care.	6696

(E) All materials that are supplied by the department of job	6697
and family services to type A family day-care home providers, type	6698
B family day-care home providers, in-home aides, persons who	6699
desire to be type A family day-care home providers, type B family	6700
day-care home providers, or in-home aides, and caretaker parents	6701
shall be written at no higher than the sixth grade reading level.	6702
The department may employ a readability expert to verify its	6703
compliance with this division.	6704

Sec. 5104.31. (A) Publicly funded child care may be provided	6705
only by the following:	6706

(A)(1) A child day-care center or type A family day-care	6707
home, including a parent cooperative child day-care center or	6708
parent cooperative type A family day-care home, licensed by the	6709
department of job and family services pursuant to section 5104.03	6710
of the Revised Code;	6711

(B)(2) A type B family day-care home certified by the county	6712
department of job and family services pursuant to section 5104.11	6713
of the Revised Code;	6714

(C)(3) A type B family day-care home that has received a	6715
limited certification pursuant to rules adopted under division	6716
(G)(1) of section 5104.011 of the Revised Code;	6717

(D)(4) An in-home aide who has been certified by the county	6718
department of job and family services pursuant to section 5104.12	6719
of the Revised Code;	6720

(E)(5) A child day camp approved pursuant to section 5104.22	6721
of the Revised Code;	6722

(F)(6) A licensed preschool program;

6723

(G)(7) A licensed school child program;

6724

(H)(8) A border state child care provider, except that a	6725
border state child care provider may provide publicly funded child	6726
care only to an individual who resides in an Ohio county that	6727
borders the state in which the provider is located.	6728

(B) Publicly funded child day-care may be provided in a	6729
child's own home only by an in-home aide.	6730

Sec. 5153.01.  (A) As used in the Revised Code, "public	6731
children services agency" means an entity specified in section	6732
5153.02 of the Revised Code that has assumed the powers and duties	6733
of the children services function prescribed by this chapter for a	6734
county.	6735

(B) As used in this chapter:

6736

(1) "Certified foster home" means a foster home, as defined	6737
in section 5103.02 of the Revised Code, certified under section	6738
5103.03 of the Revised Code.	6739

(2) "Certified organization" means any organization holding a	6740
certificate issued pursuant to section 5103.03 of the Revised Code	6741
that is in full force and effect.	6742

(3) "Child" means any person under eighteen years of age or a	6743
mentally or physically handicapped person, as defined by rule	6744
adopted by the director of job and family services, under	6745
twenty-one years of age.	6746

(4) "Executive director" means the person charged with the	6747
responsibility of administering the powers and duties of a public	6748
children services agency appointed pursuant to section 5153.10 of	6749
the Revised Code.	6750

(5) "Organization" means any public, semipublic, or private	6751
institution, including maternity homes and day nurseries, and any	6752
private association, society, or agency, located or operating in	6753
this state, incorporated or unincorporated, having among its	6754
functions the furnishing of protective services or care for	6755
children or the placement of children in certified foster homes or	6756
elsewhere.	6757

(6) "PCSA caseworker" means an individual employed by a	6758
public children services agency as a caseworker.	6759

(7) "PCSA caseworker supervisor" means an individual employed	6760
by a public children services agency to supervise PCSA	6761
caseworkers.	6762

Sec. 5153.111.  (A)(1) The executive director of a public	6763
children services agency shall request the superintendent of the	6764
bureau of criminal identification and investigation to conduct a	6765
criminal records check with respect to any applicant who has	6766
applied to the agency for employment as a person responsible for	6767
the care, custody, or control of a child. If the applicant does	6768
not present proof that the applicant has been a resident of this	6769
state for the five-year period immediately prior to the date upon	6770
which the criminal records check is requested or does not provide	6771
evidence that within that five-year period the superintendent has	6772
requested information about the applicant from the federal bureau	6773
of investigation in a criminal records check, the executive	6774
director shall request that the superintendent obtain information	6775
from the federal bureau of investigation as a part of the criminal	6776
records check for the applicant. If the applicant presents proof	6777
that the applicant has been a resident of this state for that	6778
five-year period, the executive director may request that the	6779
superintendent include information from the federal bureau of	6780
investigation in the criminal records check.	6781

(2) Any person required by division (A)(1) of this section to	6782
request a criminal records check shall provide to each applicant a	6783
copy of the form prescribed pursuant to division (C)(1) of section	6784
109.572 of the Revised Code, provide to each applicant a standard	6785
impression sheet to obtain fingerprint impressions prescribed	6786
pursuant to division (C)(2) of section 109.572 of the Revised	6787
Code, obtain the completed form and impression sheet from each	6788
applicant, and forward the completed form and impression sheet to	6789
the superintendent of the bureau of criminal identification and	6790
investigation at the time the person requests a criminal records	6791
check pursuant to division (A)(1) of this section.	6792

(3) Any applicant who receives pursuant to division (A)(2) of	6793
this section a copy of the form prescribed pursuant to division	6794
(C)(1) of section 109.572 of the Revised Code and a copy of an	6795
impression sheet prescribed pursuant to division (C)(2) of that	6796
section and who is requested to complete the form and provide a	6797
set of fingerprint impressions shall complete the form or provide	6798
all the information necessary to complete the form and shall	6799
provide the impression sheet with the impressions of the	6800
applicant's fingerprints. If an applicant, upon request, fails to	6801
provide the information necessary to complete the form or fails to	6802
provide impressions of the applicant's fingerprints, that agency	6803
shall not employ that applicant for any position for which a	6804
criminal records check is required by division (A)(1) of this	6805
section.	6806

(B)(1) Except as provided in rules adopted by the director of	6807
job and family services in accordance with division (E) of this	6808
section, no public children services agency shall employ a person	6809
as a person responsible for the care, custody, or control of a	6810
child if the person previously has been convicted of or pleaded	6811
guilty to any of the following:	6812

(a) A violation of section 2903.01, 2903.02, 2903.03,	6813
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	6814
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	6815
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	6816
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	6817
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	6818
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	6819
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a	6820
violation of section 2905.04 of the Revised Code as it existed	6821
prior to July 1, 1996, a violation of section 2919.23 of the	6822
Revised Code that would have been a violation of section 2905.04	6823
of the Revised Code as it existed prior to July 1, 1996, had the	6824
violation occurred prior to that date, a violation of section	6825
2925.11 of the Revised Code that is not a minor drug possession	6826
offense, or felonious sexual penetration in violation of former	6827
section 2907.12 of the Revised Code;	6828

(b) A violation of an existing or former law of this state,	6829
any other state, or the United States that is substantially	6830
equivalent to any of the offenses or violations described in	6831
division (B)(1)(a) of this section.	6832

(2) A public children services agency may employ an applicant	6833
conditionally until the criminal records check required by this	6834
section is completed and the agency receives the results of the	6835
criminal records check. If the results of the criminal records	6836
check indicate that, pursuant to division (B)(1) of this section,	6837
the applicant does not qualify for employment, the agency shall	6838
release the applicant from employment.	6839

(C)(1) Each public children services agency shall pay to the	6840
bureau of criminal identification and investigation the fee	6841
prescribed pursuant to division (C)(3) of section 109.572 of the	6842
Revised Code for each criminal records check conducted in	6843
accordance with that section upon the request pursuant to division	6844
(A)(1) of this section of the executive director of the agency.	6845

(2) A public children services agency may charge an applicant	6846
a fee for the costs it incurs in obtaining a criminal records	6847
check under this section. A fee charged under this division shall	6848
not exceed the amount of fees the agency pays under division	6849
(C)(1) of this section. If a fee is charged under this division,	6850
the agency shall notify the applicant at the time of the	6851
applicant's initial application for employment of the amount of	6852
the fee and that, unless the fee is paid, the agency will not	6853
consider the applicant for employment.	6854

(D) The report of any criminal records check conducted by the	6855
bureau of criminal identification and investigation in accordance	6856
with section 109.572 of the Revised Code and pursuant to a request	6857
under division (A)(1) of this section is not a public record for	6858
the purposes of section 149.43 of the Revised Code and shall not	6859
be made available to any person other than the applicant who is	6860
the subject of the criminal records check or the applicant's	6861
representative, the public children services agency requesting the	6862
criminal records check or its representative, and any court,	6863
hearing officer, or other necessary individual involved in a case	6864
dealing with the denial of employment to the applicant.	6865

(E) The director of job and family services shall adopt rules	6866
pursuant to Chapter 119. of the Revised Code to implement this	6867
section, including rules specifying circumstances under which a	6868
public children services agency may hire a person who has been	6869
convicted of an offense listed in division (B)(1) of this section	6870
but who meets standards in regard to rehabilitation set by the	6871
department.	6872

(F) Any person required by division (A)(1) of this section to	6873
request a criminal records check shall inform each person, at the	6874
time of the person's initial application for employment, that the	6875
person is required to provide a set of impressions of the person's	6876
fingerprints and that a criminal records check is required to be	6877
conducted and satisfactorily completed in accordance with section	6878
109.572 of the Revised Code if the person comes under final	6879
consideration for appointment or employment as a precondition to	6880
employment for that position.	6881

(G) As used in this section:

6882

(1) "Applicant" means a person who is under final	6883
consideration for appointment or employment in a position with the	6884
agency as a person responsible for the care, custody, or control	6885
of a child.	6886

(2) "Criminal records check" has the same meaning as in	6887
section 109.572 of the Revised Code.	6888

(3) "Minor drug possession offense" has the same meaning as	6889
in section 2925.01 of the Revised Code.	6890

Sec. 5153.122. (A) Each PCSA caseworker hired by a public	6891
children services agencyafter January 1, 2007, shall complete at	6892
least ninetyone hundred two hours of in-service training during	6893
the first year of the caseworker's continuous employment as a PCSA	6894
caseworker, except that the executive director of the public	6895
children services agency may waive the training requirement for a	6896
school of social work graduate who participated in the university	6897
partnership program described in division (D) of section 5101.141	6898
of the Revised Code. The training shall consist of courses in	6899
recognizing, accepting reports of, and preventing child abuse and,	6900
neglect, and dependency; assessing risks,child safety; assessing	6901
risks; interviewing persons,; investigating cases,; intervening,;	6902
providing services to children and their families,;the importance	6903
of and need for accurate data; preparation for court; maintenance	6904
of case record information; and other topics relevant to child	6905
abuse and, neglect, and dependency. The training shall also	6906
include courses in the legal duties of PCSA caseworkers to protect	6907
the constitutional and statutory rights of children and families	6908
from the initial time of contact during investigation through	6909
treatment that shall include instruction regarding parents' rights	6910
and the limitations that the Fourth Amendment to the United States	6911
Constitution places upon caseworkers and their investigations.	6912

After thea PCSA caseworker's first year of continuous	6913
employment as a PCSA caseworker, eachthe caseworker annually	6914
shall complete thirty-six hours of training in areas relevant to	6915
the caseworker's assigned duties.	6916

(B) Each supervisor hired by a public children services	6917
agency shall complete at least sixty hours of in-service training	6918
during the first year of the supervisor's continuous employment in	6919
that position. After the first year of continuous employment as a	6920
supervisor, the supervisor annually shall complete thirty hours of	6921
training in areas relevant to the supervisor's assigned duties.	6922

(C) The director of job and family services shall adopt rules	6923
in accordance with Chapter 119. of the Revised Code as necessary	6924
to implement the training requirements of this section.	6925

During the first two years of continuous employment as a PCSA	6926
caseworker, each PCSA caseworker shall complete at least twelve	6927
hours of training in recognizing the signs of domestic violence	6928
and its relationship to child abuse as established in rules the	6929
director of job and family services shall adopt pursuant to	6930
Chapter 119. of the Revised Code. The twelve hours may be in	6931
addition to the ninety hours of training required during the	6932
caseworker's first year of employment or part of the thirty-six	6933
hours of training required during the second year of employment.	6934

Sec. 5153.123.  Each PCSA caseworker supervisor shall	6935
complete at least sixty hours of in-service training during the	6936
first year of the supervisor's continuous employment as a PCSA	6937
caseworker supervisor. The training shall include courses in	6938
screening reports of child abuse, neglect, or dependency. After a	6939
PCSA caseworker supervisor's first year of continuous employment	6940
as a PCSA caseworker supervisor, the supervisor annually shall	6941
complete thirty hours of training in areas relevant to the	6942
supervisor's assigned duties. During the first two years of	6943
continuous employment as a PCSA caseworker supervisor, each PCSA	6944
caseworker supervisor shall complete at least twelve hours of	6945
training in recognizing the signs of domestic violence and its	6946
relationship to child abuse as established in rules the director	6947
of job and family services shall adopt pursuant to Chapter 119. of	6948
the Revised Code. The twelve hours may be in addition to the sixty	6949
hours of training required during the supervisor's first year of	6950
employment or part of the thirty hours of training required during	6951
the second year of employment.	6952

Sec. 5153.124. (A) The director of job and family services	6953
shall adopt rules as necessary to implement the training	6954
requirements of sections 5153.122 and 5153.123 of the Revised	6955
Code.	6956

(B) Notwithstanding sections 5103.33 to 5103.422 and sections	6957
5153.122 to 5153.127 of the Revised Code, the department of job	6958
and family services may require additional training for PCSA	6959
caseworkers and PCSA caseworker supervisors as necessary to comply	6960
with federal requirements.	6961

Sec. 5153.75.        Sec. 5153.125.  Each PCSA caseworker supervisor	6962
employed by a public children services agency that supervises the	6963
work of a caseworker employed by the agency shall work with the	6964
each PCSA caseworker the supervisor supervises to determine the	6965
caseworker's training needs in accordance with, and ensure the	6966
caseworker's compliance with, the training requirements of section	6967
5153.122 of the Revised Code. Once every two years, each PCSA	6968
caseworker and the caseworker's supervisor shall jointly complete	6969
anthe caseworker's individual training needs assessment form	6970
created under section 5153.655103.37 of the Revised Code for each	6971
caseworker.	6972

Sec. 5153.76.        Sec. 5153.126.  The executive director of each public	6973
children services agency or a person designated by the executive	6974
director shall work with each PCSA caseworker supervisor employed	6975
by the agency to determine the supervisor's training needs in	6976
accordance with, and ensure the supervisor's compliance with, the	6977
training requirements of section 5153.1225153.123 of the Revised	6978
Code. Once every two years, each PCSA caseworker supervisor and	6979
the executive director of the public children services agency	6980
employing the supervisor, or designatedthe person designated by	6981
the executive director, shall jointly complete anthe supervisor's	6982
individual training needs assessment form created under section	6983
5153.655103.37 of the Revised Code for each supervisor.	6984

Sec. 5153.77.        Sec. 5153.127.  The executive director of each public	6985
children services agency or a person designated by the executive	6986
director shall collect and maintain the data from individual	6987
training needs assessment formsassessments completed under	6988
sections 5153.755153.125 and 5153.765153.126 of the Revised Code	6989
for each PCSA caseworker and PCSA caseworker supervisor and case	6990
worker employed by the agency. The executive director or	6991
designated person shall compile and forward the data collected	6992
from the completed assessment formsassessments to the regional	6993
training center located inestablished under section 5103.42 of	6994
the Revised Code for the same training region as the agency is	6995
located in.	6996

Sec. 5153.16.  (A) Except as provided in section 2151.422 of	6997
the Revised Code, in accordance with rules of the department of	6998
job and family servicesadopted under section 5153.166 of the	6999
Revised Code, and on behalf of children in the county whom the	7000
public children services agency considers to be in need of public	7001
care or protective services, the public children services agency	7002
shall do all of the following:	7003

(1) Make an investigation concerning any child alleged to be	7004
an abused, neglected, or dependent child;	7005

(2) Enter into agreements with the parent, guardian, or other	7006
person having legal custody of any child, or with the department	7007
of job and family services, department of mental health,	7008
department of mental retardation and developmental disabilities,	7009
other department, any certified organization within or outside the	7010
county, or any agency or institution outside the state, having	7011
legal custody of any child, with respect to the custody, care, or	7012
placement of any child, or with respect to any matter, in the	7013
interests of the child, provided the permanent custody of a child	7014
shall not be transferred by a parent to the public children	7015
services agency without the consent of the juvenile court;	7016

(3) Accept custody of children committed to the public	7017
children services agency by a court exercising juvenile	7018
jurisdiction;	7019

(4) Provide such care as the public children services agency	7020
considers to be in the best interests of any child adjudicated to	7021
be an abused, neglected, or dependent child the agency finds to be	7022
in need of public care or service;	7023

(5) Provide social services to any unmarried girl adjudicated	7024
to be an abused, neglected, or dependent child who is pregnant	7025
with or has been delivered of a child;	7026

(6) Make available to the bureau for children with medical	7027
handicaps of the department of health at its request any	7028
information concerning a crippled child found to be in need of	7029
treatment under sections 3701.021 to 3701.028 of the Revised Code	7030
who is receiving services from the public children services	7031
agency;	7032

(7) Provide temporary emergency care for any child considered	7033
by the public children services agency to be in need of such care,	7034
without agreement or commitment;	7035

(8) Find certified foster homes, within or outside the	7036
county, for the care of children, including handicapped children	7037
from other counties attending special schools in the county;	7038

(9) Subject to the approval of the board of county	7039
commissioners and the state department of job and family services,	7040
establish and operate a training school or enter into an agreement	7041
with any municipal corporation or other political subdivision of	7042
the county respecting the operation, acquisition, or maintenance	7043
of any children's home, training school, or other institution for	7044
the care of children maintained by such municipal corporation or	7045
political subdivision;	7046

(10) Acquire and operate a county children's home, establish,	7047
maintain, and operate a receiving home for the temporary care of	7048
children, or procure certified foster homes for this purpose;	7049

(11) Enter into an agreement with the trustees of any	7050
district children's home, respecting the operation of the district	7051
children's home in cooperation with the other county boards in the	7052
district;	7053

(12) Cooperate with, make its services available to, and act	7054
as the agent of persons, courts, the department of job and family	7055
services, the department of health, and other organizations within	7056
and outside the state, in matters relating to the welfare of	7057
children, except that the public children services agency shall	7058
not be required to provide supervision of or other services	7059
related to the exercise of parenting time rights granted pursuant	7060
to section 3109.051 or 3109.12 of the Revised Code or	7061
companionship or visitation rights granted pursuant to section	7062
3109.051, 3109.11, or 3109.12 of the Revised Code unless a	7063
juvenile court, pursuant to Chapter 2151. of the Revised Code, or	7064
a common pleas court, pursuant to division (E)(6) of section	7065
3113.31 of the Revised Code, requires the provision of supervision	7066
or other services related to the exercise of the parenting time	7067
rights or companionship or visitation rights;	7068

(13) Make investigations at the request of any superintendent	7069
of schools in the county or the principal of any school concerning	7070
the application of any child adjudicated to be an abused,	7071
neglected, or dependent child for release from school, where such	7072
service is not provided through a school attendance department;	7073

(14) Administer funds provided under Title IV-E of the	7074
"Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as	7075
amended, in accordance with rules adopted under section 5101.141	7076
of the Revised Code;	7077

(15) In addition to administering Title IV-E adoption	7078
assistance funds, enter into agreements to make adoption	7079
assistance payments under section 5153.163 of the Revised Code;	7080

(16) Implement a system of safety and risk assessment, in	7081
accordance with rules adopted by the director of job and family	7082
services, to assist the public children services agency in	7083
determining the risk of abuse or neglect to a child;	7084

(17) Enter into a plan of cooperation with the board of	7085
county commissioners under section 307.983 of the Revised Code and	7086
comply with each fiscal agreement the board enters into under	7087
section 307.98 of the Revised Code that include family services	7088
duties of public children services agencies and contracts the	7089
board enters into under sections 307.981 and 307.982 of the	7090
Revised Code that affect the public children services agency;	7091

(18) Make reasonable efforts to prevent the removal of an	7092
alleged or adjudicated abused, neglected, or dependent child from	7093
the child's home, eliminate the continued removal of the child	7094
from the child's home, or make it possible for the child to return	7095
home safely, except that reasonable efforts of that nature are not	7096
required when a court has made a determination under division	7097
(A)(2) of section 2151.419 of the Revised Code;	7098

(19) Make reasonable efforts to place the child in a timely	7099
manner in accordance with the permanency plan approved under	7100
division (E) of section 2151.417 of the Revised Code and to	7101
complete whatever steps are necessary to finalize the permanent	7102
placement of the child;	7103

(20) Administer a Title IV-A program identified under	7104
division (A)(4)(c) or (f) of section 5101.80 of the Revised Code	7105
that the department of job and family services provides for the	7106
public children services agency to administer under the	7107
department's supervision pursuant to section 5101.801 of the	7108
Revised Code;	7109

(21) Administer the kinship permanency incentive program	7110
created under section 5101.802 of the Revised Code under the	7111
supervision of the director of job and family services;	7112

(22) Provide independent living services pursuant to sections	7113
2151.81 to 2151.84 of the Revised Code.	7114

(B) The public children services agency shall use the system	7115
implemented pursuant to division (B)(A)(16) of this section in	7116
connection with an investigation undertaken pursuant to division	7117
(F)(1) of section 2151.421 of the Revised Code and may use the	7118
system at any other time the agency is involved with any child	7119
when the agency determines that risk assessment is necessaryto	7120
assess both of the following:	7121

(1) The ongoing safety of the child;

7122

(2) The appropriateness of the intensity and duration of the	7123
services provided to meet child and family needs throughout the	7124
duration of a case.	7125

(C) Except as provided in section 2151.422 of the Revised	7126
Code, in accordance with rules of the director of job and family	7127
services, and on behalf of children in the county whom the public	7128
children services agency considers to be in need of public care or	7129
protective services, the public children services agency may do	7130
the following:	7131

(1) Provide or find, with other child serving systems,	7132
specialized foster care for the care of children in a specialized	7133
foster home, as defined in section 5103.02 of the Revised Code,	7134
certified under section 5103.03 of the Revised Code;	7135

(2)(a) Except as limited by divisions (C)(2)(b) and (c) of	7136
this section, contract with the following for the purpose of	7137
assisting the agency with its duties:	7138

(i) County departments of job and family services;

7139

(ii) Boards of alcohol, drug addiction, and mental health	7140
services;	7141

(iii) County boards of mental retardation and developmental	7142
disabilities;	7143

(iv) Regional councils of political subdivisions established	7144
under Chapter 167. of the Revised Code;	7145

(v) Private and government providers of services;

7146

(vi) Managed care organizations and prepaid health plans.

7147

(b) A public children services agency contract under division	7148
(C)(2)(a) of this section regarding the agency's duties under	7149
section 2151.421 of the Revised Code may not provide for the	7150
entity under contract with the agency to perform any service not	7151
authorized by the department's rules.	7152

(c) Only a county children services board appointed under	7153
section 5153.03 of the Revised Code that is a public children	7154
services agency may contract under division (C)(2)(a) of this	7155
section. If an entity specified in division (B) or (C) of section	7156
5153.02 of the Revised Code is the public children services agency	7157
for a county, the board of county commissioners may enter into	7158
contracts pursuant to section 307.982 of the Revised Code	7159
regarding the agency's duties.	7160

Sec. 5153.166. In addition to other rules specifically	7161
authorized by the Revised Code, the director of job and family	7162
services may adopt rules governing public children services	7163
agencies' performance of their family services duties, including	7164
the family services duties that public children services agencies	7165
have under sections 5153.16 to 5153.19 of the Revised Code.	7166

Sec. 5153.17.  The public children services agency shall	7167
prepare and keep written records of investigations of families,	7168
children, and foster homes, and of the care, training, and	7169
treatment afforded children, and shall prepare and keep such other	7170
records as are required by the department of job and family	7171
services. Such records shall be confidential, but, except as	7172
provided by division (B) of section 3107.17 of the Revised Code,	7173
shall be open to inspection by the agency, the director of job and	7174
family services, and the director of the county department of job	7175
and family services, and by other persons, upon the written	7176
permission of the executive secretarydirector.	7177

Sec. 5153.20. The(A)(1) Except as provided in division (B)	7178
of this section, the cost of care furnished by the public children	7179
services agency or the board of county commissioners to any child	7180
having a legal residence in another county shall be charged to the	7181
county of legal residence. No expense shall be incurred by the	7182
agency or the board of county commissioners, on account of such	7183
care, except for temporary or emergency care, without the consent	7184
of the agency or board of county commissioners, or as provided by	7185
this section. If such consent cannot be obtained the board of	7186
county commissioners may file a petition in the court of common	7187
pleas of the county in which the child is found for a	7188
determination of legal residence of such child. Summons in such a	7189
proceeding shall be served, as in other civil actions, upon the	7190
board of county commissioners and the executive director of the	7191
agency of the county alleged to be the county of legal residence,	7192
but the answer day shall be the tenth day after the issuance of	7193
such summons. The return day shall be the fifth day after issuance	7194
of the summons. The cause shall be set for hearing not less than	7195
ten nor more than thirty days after the issuance of the summons.	7196
The finding and determination by the court upon such application,	7197
subject to the right of appeal, shall be final and conclusive as	7198
to the county chargeable under this section with the costs of the	7199
care of such child. The board of county commissioners out of its	7200
general funds shall reimburse the agency furnishing such care,	7201
upon receipt of itemized statements.	7202

(2) Any moneys received by the agency furnishing such care	7203
from persons liable for the cost of any part of such care, by	7204
agreement or otherwise, shall be credited to the county of legal	7205
residence.	7206

(3) The agency may remove and deliver any child, having legal	7207
residence in another county in Ohio and deemed to be in need of	7208
public care, to the public children services agency of the county	7209
of legal residence. All cost incidental to the transportation of	7210
such child and of any escort required shall be paid by the public	7211
children services agency which delivers back the child. With the	7212
approval of the department of job and family services, any child	7213
whose legal residence has been found to be in another state or	7214
country may be transferred to the department for return to the	7215
place of legal residence, or such child may be returned by the	7216
agency. All costs incidental to the transportation of such child	7217
and of any escort required shall be paid by the department of job	7218
and family services if it returns the child, otherwise the cost	7219
shall be paid by the agency, subject in either case to such	7220
reimbursement as may be obtained from the responsible persons or	7221
authorities of the place of legal residence. The department of job	7222
and family services may enter into agreements with the authorities	7223
of other states relative to the placement and return of children.	7224

(B)(1) If a court determines that reasonable efforts have	7225
been made to prevent removal of an adopted child from the child's	7226
home pursuant to section 2151.419 of the Revised Code and an	7227
adopted child is placed in the temporary or permanent custody of a	7228
public children services agency or a private child placing agency	7229
within thirty-six months of the date that the child's adoption was	7230
finalized, the agency that previously held permanent custody of	7231
the child when the child was placed with the adoptive parent shall	7232
be given opportunity to participate in planning for the child's	7233
care and treatment and shall assume fifty per cent of the	7234
financial responsibility for the care and treatment. Shared	7235
planning and financial responsibility shall cease on the first day	7236
of the thirty-seventh month after the date that the child's	7237
adoption was finalized and, on this date, the custodial agency	7238
shall then assume full planning and financial responsibility. The	7239
custodial agency and the agency that previously held permanent	7240
custody of the child may enter into a written agreement for shared	7241
financial responsibility that differs from the responsibilities	7242
allocated in this division.	7243

(2) Division (B)(1) of this section does not apply to any of	7244
the following:	7245

(a) An adoption by a stepparent whose spouse is a biological	7246
or adoptive parent of the child;	7247

(b) An international adoption;

7248

(c) An adoption where either the custodial agency or agency	7249
that previously held permanent custody of the child is not in this	7250
state.	7251

(3) Nothing in division (B) of this section shall prevent a	7252
court or a child support enforcement agency from issuing a child	7253
support order.	7254

Section 2. That existing sections 109.57, 109.572, 109.60,	7255
1347.08, 1717.14, 2101.11, 2151.011, 2151.23, 2151.281, 2151.353,	7256
2151.39, 2151.416, 2151.421, 3107.011, 3107.014, 3107.015,	7257
3107.016, 3107.02, 3107.031, 3107.032, 3107.10, 3107.12, 3107.14,	7258
3107.17, 3107.66, 3109.16, 3109.17, 3313.64, 5101.141, 5101.29,	7259
5101.35, 5101.72, 5101.99, 5103.03, 5103.031, 5103.033, 5103.034,	7260
5103.035, 5103.036, 5103.038, 5103.039, 5103.0311, 5103.0312,	7261
5103.0313, 5103.0315, 5103.07, 5103.13, 5103.131, 5103.16,	7262
5104.01, 5104.11, 5104.31, 5153.01, 5153.111, 5153.122, 5153.16,	7263
5153.17, 5153.20, 5153.60, 5153.61, 5153.62, 5153.63, 5153.64,	7264
5153.65, 5153.66, 5153.67, 5153.70, 5153.71, 5153.72, 5153.73,	7265
5153.74, 5153.75, 5153.76, 5153.77, and 5153.78 and sections	7266
5103.037, 5103.20, 5103.21, 5103.22, 5103.23, 5103.24, 5103.25,	7267
5103.26, 5103.27, 5103.28, 5153.68, and 5153.69 of the Revised	7268
Code are hereby repealed.	7269

Section 3.  The Department of Job and Family Services shall	7270
develop, implement, oversee, and evaluate, on a pilot basis, an	7271
"Alternative Response" approach to reports of child abuse,	7272
neglect, and dependency. The pilot program shall be implemented in	7273
not more than ten counties that are selected by the Department and	7274
that agree to participate in the pilot program.	7275

The pilot program shall last eighteen months, not including	7276
time expended in preparation for the implementation of the pilot	7277
program and any post-pilot program evaluation activity.	7278

The Department shall assure that the Alternative Response	7279
pilot is independently evaluated with respect to outcomes for	7280
children and families, costs, worker satisfaction, and any other	7281
criteria the Department determines will be useful in the	7282
consideration of statewide implementation of an Alternative	7283
Response approach to child protection. The measure associated with	7284
the eighteen-month pilot program shall, for the purposes of the	7285
evaluation, be compared with those same measures in the pilot	7286
counties during the eighteen-month period immediately preceding	7287
the beginning of the pilot-program period.	7288

The Department may adopt rules in accordance with section	7289
111.15 of the Revised Code, as if they were internal management	7290
rules, as necessary to carry out the purposes of this section.	7291

Section 4. The General Assembly hereby respectfully requests	7292
that the Supreme Court adopt rules regarding the standards,	7293
qualifications, and service of guardians ad litem.	7294

Section 5. Not later than September 30, 2006, the Director of	7295
Job and Family Services shall adopt rules as necessary for the	7296
state to comply with 42 U.S.C. 607(i)(2). If necessary to bring	7297
the state into compliance with 42 U.S.C. 607(i)(2), the rules may	7298
deviate from Chapter 5107. of the Revised Code. Rules adopted	7299
under this section that govern financial and other administrative	7300
requirements applicable to the Department of Job and Family	7301
Services and county departments of job and family services shall	7302
be adopted in accordance with section 111.15 of the Revised Code	7303
as if they were internal management rules. All other rules adopted	7304
under this section shall be adopted in accordance with Chapter	7305
119. of the Revised Code.	7306

The Director shall prepare a report that contains	7307
recommendations for codifying in the Revised Code the substance of	7308
the rules adopted under this section. The Director shall submit	7309
the report not later than January 1, 2007, to the Governor, the	7310
Director of Budget and Management, the Speaker and Minority Leader	7311
of the House of Representatives, and the President and Minority	7312
Leader of the Senate.	7313

Section 6.  (A) There is hereby created the Task Force on	7314
Implementing the Federal Domestic Violence Option in the Ohio	7315
Works First Program. The Task Force shall consist of the following	7316
members:	7317

(1) Three members of the Senate, to be appointed by the	7318
President of the Senate, not more than two of whom shall belong to	7319
the same political party as the President of the Senate;	7320

(2) Three members of the House of Representatives, to be	7321
appointed by the Speaker of the House of Representatives, not more	7322
than two of whom shall belong to the same political party as the	7323
Speaker of the House of Representatives.	7324

(3) The Director of Job and Family Services, or the	7325
Director's designee;	7326

(4) The following individuals, to be appointed by the	7327
Governor:	7328

(a) Two individuals representing the Ohio Empowerment	7329
Coalition;	7330

(b) Two individuals representing domestic violence prevention	7331
organizations;	7332

(c) One individual who has been a victim of domestic	7333
violence;	7334

(d) One individual from a county department of job and family	7335
services;	7336

(e) One county prosecuting attorney.

7337

Initial appointments to the Task Force shall be made not	7338
later than forty-five days after the effective date of this	7339
section. Vacancies shall be filled in the manner provided for	7340
initial appointments.	7341

(B) The Task Force shall convene for its first meeting not	7342
later than ninety days after the effective date of this section.	7343
The Task Force shall organize by electing a chairperson from among	7344
its members. A majority of the members constitutes a quorum for	7345
the conduct of meetings and transaction of business.	7346

(C) The Task Force shall do all of the following:

7347

(1) Study issues surrounding the implementation of the	7348
federal domestic violence option as an exemption to the work and	7349
time limit requirements for benefits under the Ohio Works First	7350
program, as authorized by the "Personal Responsibility and Work	7351
Opportunity Reconciliation Act of 1996," 100 Stat. 2105, 42 U.S.C.	7352
602(A)(7);	7353

(2) Assess the current status of domestic violence services	7354
in each county, including counseling and screening;	7355

(3) Review the application and implementation of the federal	7356
domestic violence option in other states;	7357

(4) Conduct public meetings in different parts of the state	7358
throughout its existence.	7359

(D) Not later than December 31, 2006, the Task Force shall	7360
prepare and submit a report to the Governor, the President and	7361
Minority Leader of the Senate, and the Speaker and Minority Leader	7362
of the House of Representatives. The report shall include	7363
recommendations on how to implement the federal domestic violence	7364
option within the Ohio Works First Program. On submission of the	7365
report, the Task Force shall cease to exist.	7366

Section 7.  Section 2151.011 of the Revised Code is presented	7367
in this act as a composite of the section as amended by both Am.	7368
Sub. H.B. 11 and Am. Sub. H.B. 106 of the 125th General Assembly.	7369
Section 5103.03 of the Revised Code is presented in this act as a	7370
composite of the section as amended by Am. Sub. H.B. 117 of the	7371
125th General Assembly and Sub. S.B. 179 of the 123rd General	7372
Assembly. The General Assembly, applying the principle stated in	7373
division (B) of section 1.52 of the Revised Code that amendments	7374
are to be harmonized if reasonably capable of simultaneous	7375
operation, finds that the composites are the resulting version of	7376
the sections in effect prior to the effective dates of the	7377
sections as presented in this act.	7378