As Introduced

126th General Assembly Regular Session 2005-2006

S. B. No. 238

Senators Niehaus, Schuring, Clancy, Padgett, Carey, Spada, Armbruster 

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A BILL

To amend sections 109.57, 109.572, 109.60, 1347.08,

1

1717.14, 2151.011, 2151.281, 2151.353, 2151.416,

2

2151.421, 3107.014, 3107.015, 3107.016, 3107.031,

3

3107.032, 3109.16, 3109.17, 5101.141, 5101.29,

4

5101.35, 5101.72, 5101.99, 5103.031, 5103.033,

5

5103.034, 5103.035, 5103.036, 5103.038, 5103.039,

6

5103.0311, 5103.0312, 5103.0313, 5103.0315,

7

5103.07, 5103.12, 5104.01, 5104.11, 5104.31,

8

5153.01, 5153.111, 5153.122, 5153.16, 5153.17,

9

5153.60, 5153.61, 5153.62, 5153.63, 5153.64,

10

5153.65, 5153.66, 5153.67, 5153.70, 5153.71,

11

5153.72, 5153.73, 5153.74, 5153.75, 5153.76,

12

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

13

adopting new section numbers as indicated in

14

parentheses, sections 5153.60 (5103.30), 5153.61

15

(5103.35), 5153.62 (5103.36), 5153.63 (5103.362),

16

5153.64 (5103.363), 5153.65 (5103.37), 5153.66

17

(5103.39), 5153.67 (5103.391), 5153.70 (5103.38),

18

5153.71 (5103.41), 5153.72 (5103.42), 5153.73

19

(5103.421), 5153.74 (5103.422), 5153.75

20

(5153.125), 5153.76 (5153.126), 5153.77

21

(5153.127), and 5153.78 (5103.32); to enact

22

sections 2151.423, 5101.13, 5101.131, 5101.132,

23

5101.133, 5101.134, 5103.301, 5103.302, 5103.303,

24

5103.31, 5103.33, 5103.34, 5103.361, 5103.40,

25

5153.123, 5153.124, and 5153.166; and to repeal

26

sections 5103.037, 5103.13, 5103.131, 5153.68, and

27

5153.69 of the Revised Code to revise the law

28

governing child welfare and other laws regarding

29

the Department of Job and Family Services.

30

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

Section 1. That sections 109.57, 109.572, 109.60, 1347.08,	31
1717.14, 2151.011, 2151.281, 2151.353, 2151.416, 2151.421,	32
3107.014, 3107.015, 3107.016, 3107.031, 3107.032, 3109.16,	33
3109.17, 5101.141, 5101.29, 5101.35, 5101.72, 5101.99, 5103.031,	34
5103.033, 5103.034, 5103.035, 5103.036, 5103.038, 5103.039,	35
5103.0311, 5103.0312, 5103.0313, 5103.0315, 5103.07, 5103.12,	36
5104.01, 5104.11, 5104.31, 5153.01, 5153.111, 5153.122, 5153.16,	37
5153.17, 5153.60, 5153.61, 5153.62, 5153.63, 5153.64, 5153.65,	38
5153.66, 5153.67, 5153.70, 5153.71, 5153.72, 5153.73, 5153.74,	39
5153.75, 5153.76, 5153.77, and 5153.78 be amended; sections	40
5153.60 (5103.30), 5153.61 (5103.35), 5153.62 (5103.36), 5153.63	41
(5103.362), 5153.64 (5103.363), 5153.65 (5103.37), 5153.66	42
(5103.39), 5153.67 (5103.391), 5153.70 (5103.38), 5153.71	43
(5103.41), 5153.72 (5103.42), 5153.73 (5103.421), 5153.74	44
(5103.422), 5153.75 (5153.125), 5153.76 (5153.126), 5153.77	45
(5153.127), and 5153.78 (5103.32) be amended for the purpose of	46
adopting new section numbers as indicated in parentheses; and	47
sections 2151.423, 5101.13, 5101.131, 5101.132, 5101.133,	48
5101.134, 5103.301, 5103.302, 5103.303, 5103.31, 5103.33, 5103.34,	49
5103.361, 5103.40, 5153.123, 5153.124, and 5153.166 of the Revised	50
Code be enacted to read as follows:	51

Sec. 109.57.  (A)(1) The superintendent of the bureau of	52
criminal identification and investigation shall procure from	53
wherever procurable and file for record photographs, pictures,	54
descriptions, fingerprints, measurements, and other information	55
that may be pertinent of all persons who have been convicted of	56
committing within this state a felony, any crime constituting a	57
misdemeanor on the first offense and a felony on subsequent	58
offenses, or any misdemeanor described in division (A)(1)(a) or	59
(A)(10)(a) of section 109.572 of the Revised Code, of all children	60
under eighteen years of age who have been adjudicated delinquent	61
children for committing within this state an act that would be a	62
felony or an offense of violence if committed by an adult or who	63
have been convicted of or pleaded guilty to committing within this	64
state a felony or an offense of violence, and of all well-known	65
and habitual criminals. The person in charge of any county,	66
multicounty, municipal, municipal-county, or multicounty-municipal	67
jail or workhouse, community-based correctional facility, halfway	68
house, alternative residential facility, or state correctional	69
institution and the person in charge of any state institution	70
having custody of a person suspected of having committed a felony,	71
any crime constituting a misdemeanor on the first offense and a	72
felony on subsequent offenses, or any misdemeanor described in	73
division (A)(1)(a) or (A)(10)(a) of section 109.572 of the Revised	74
Code or having custody of a child under eighteen years of age with	75
respect to whom there is probable cause to believe that the child	76
may have committed an act that would be a felony or an offense of	77
violence if committed by an adult shall furnish such material to	78
the superintendent of the bureau. Fingerprints, photographs, or	79
other descriptive information of a child who is under eighteen	80
years of age, has not been arrested or otherwise taken into	81
custody for committing an act that would be a felony or an offense	82
of violence if committed by an adult, has not been adjudicated a	83
delinquent child for committing an act that would be a felony or	84
an offense of violence if committed by an adult, has not been	85
convicted of or pleaded guilty to committing a felony or an	86
offense of violence, and is not a child with respect to whom there	87
is probable cause to believe that the child may have committed an	88
act that would be a felony or an offense of violence if committed	89
by an adult shall not be procured by the superintendent or	90
furnished by any person in charge of any county, multicounty,	91
municipal, municipal-county, or multicounty-municipal jail or	92
workhouse, community-based correctional facility, halfway house,	93
alternative residential facility, or state correctional	94
institution, except as authorized in section 2151.313 of the	95
Revised Code.	96

(2) Every clerk of a court of record in this state, other	97
than the supreme court or a court of appeals, shall send to the	98
superintendent of the bureau a weekly report containing a summary	99
of each case involving a felony, involving any crime constituting	100
a misdemeanor on the first offense and a felony on subsequent	101
offenses, involving a misdemeanor described in division (A)(1)(a)	102
or (A)(10)(a) of section 109.572 of the Revised Code, or involving	103
an adjudication in a case in which a child under eighteen years of	104
age was alleged to be a delinquent child for committing an act	105
that would be a felony or an offense of violence if committed by	106
an adult. The clerk of the court of common pleas shall include in	107
the report and summary the clerk sends under this division all	108
information described in divisions (A)(2)(a) to (f) of this	109
section regarding a case before the court of appeals that is	110
served by that clerk. The summary shall be written on the standard	111
forms furnished by the superintendent pursuant to division (B) of	112
this section and shall include the following information:	113

(a) The incident tracking number contained on the standard	114
forms furnished by the superintendent pursuant to division (B) of	115
this section;	116

(b) The style and number of the case;

117

(c) The date of arrest;

118

(d) The date that the person was convicted of or pleaded	119
guilty to the offense, adjudicated a delinquent child for	120
committing the act that would be a felony or an offense of	121
violence if committed by an adult, found not guilty of the	122
offense, or found not to be a delinquent child for committing an	123
act that would be a felony or an offense of violence if committed	124
by an adult, the date of an entry dismissing the charge, an entry	125
declaring a mistrial of the offense in which the person is	126
discharged, an entry finding that the person or child is not	127
competent to stand trial, or an entry of a nolle prosequi, or the	128
date of any other determination that constitutes final resolution	129
of the case;	130

(e) A statement of the original charge with the section of	131
the Revised Code that was alleged to be violated;	132

(f) If the person or child was convicted, pleaded guilty, or	133
was adjudicated a delinquent child, the sentence or terms of	134
probation imposed or any other disposition of the offender or the	135
delinquent child.	136

If the offense involved the disarming of a law enforcement	137
officer or an attempt to disarm a law enforcement officer, the	138
clerk shall clearly state that fact in the summary, and the	139
superintendent shall ensure that a clear statement of that fact is	140
placed in the bureau's records.	141

(3) The superintendent shall cooperate with and assist	142
sheriffs, chiefs of police, and other law enforcement officers in	143
the establishment of a complete system of criminal identification	144
and in obtaining fingerprints and other means of identification of	145
all persons arrested on a charge of a felony, any crime	146
constituting a misdemeanor on the first offense and a felony on	147
subsequent offenses, or a misdemeanor described in division	148
(A)(1)(a) or (A)(10)(a) of section 109.572 of the Revised Code and	149
of all children under eighteen years of age arrested or otherwise	150
taken into custody for committing an act that would be a felony or	151
an offense of violence if committed by an adult. The	152
superintendent also shall file for record the fingerprint	153
impressions of all persons confined in a county, multicounty,	154
municipal, municipal-county, or multicounty-municipal jail or	155
workhouse, community-based correctional facility, halfway house,	156
alternative residential facility, or state correctional	157
institution for the violation of state laws and of all children	158
under eighteen years of age who are confined in a county,	159
multicounty, municipal, municipal-county, or multicounty-municipal	160
jail or workhouse, community-based correctional facility, halfway	161
house, alternative residential facility, or state correctional	162
institution or in any facility for delinquent children for	163
committing an act that would be a felony or an offense of violence	164
if committed by an adult, and any other information that the	165
superintendent may receive from law enforcement officials of the	166
state and its political subdivisions.	167

(4) The superintendent shall carry out Chapter 2950. of the	168
Revised Code with respect to the registration of persons who are	169
convicted of or plead guilty to either a sexually oriented offense	170
that is not a registration-exempt sexually oriented offense or a	171
child-victim oriented offense and with respect to all other duties	172
imposed on the bureau under that chapter.	173

(5) The bureau shall perform centralized recordkeeping	174
functions for criminal history records and services in this state	175
for purposes of the national crime prevention and privacy compact	176
set forth in section 109.571 of the Revised Code and is the	177
criminal history record repository as defined in that section for	178
purposes of that compact. The superintendent or the	179
superintendent's designee is the compact officer for purposes of	180
that compact and shall carry out the responsibilities of the	181
compact officer specified in that compact.	182

(B) The superintendent shall prepare and furnish to every	183
county, multicounty, municipal, municipal-county, or	184
multicounty-municipal jail or workhouse, community-based	185
correctional facility, halfway house, alternative residential	186
facility, or state correctional institution and to every clerk of	187
a court in this state specified in division (A)(2) of this section	188
standard forms for reporting the information required under	189
division (A) of this section. The standard forms that the	190
superintendent prepares pursuant to this division may be in a	191
tangible format, in an electronic format, or in both tangible	192
formats and electronic formats.	193

(C) The superintendent may operate a center for electronic,	194
automated, or other data processing for the storage and retrieval	195
of information, data, and statistics pertaining to criminals and	196
to children under eighteen years of age who are adjudicated	197
delinquent children for committing an act that would be a felony	198
or an offense of violence if committed by an adult, criminal	199
activity, crime prevention, law enforcement, and criminal justice,	200
and may establish and operate a statewide communications network	201
to gather and disseminate information, data, and statistics for	202
the use of law enforcement agencies. The superintendent may	203
gather, store, retrieve, and disseminate information, data, and	204
statistics that pertain to children who are under eighteen years	205
of age and that are gathered pursuant to sections 109.57 to 109.61	206
of the Revised Code together with information, data, and	207
statistics that pertain to adults and that are gathered pursuant	208
to those sections. In addition to any other authorized use of	209
information, data, and statistics of that nature, the	210
superintendent or the superintendent's designee may provide and	211
exchange the information, data, and statistics pursuant to the	212
national crime prevention and privacy compact as described in	213
division (A)(5) of this section.	214

(D) The information and materials furnished to the	215
superintendent pursuant to division (A) of this section and	216
information and materials furnished to any board or person under	217
division (F) or (G) of this section are not public records under	218
section 149.43 of the Revised Code.	219

(E) The attorney general shall adopt rules, in accordance	220
with Chapter 119. of the Revised Code, setting forth the procedure	221
by which a person may receive or release information gathered by	222
the superintendent pursuant to division (A) of this section. A	223
reasonable fee may be charged for this service. If a temporary	224
employment service submits a request for a determination of	225
whether a person the service plans to refer to an employment	226
position has been convicted of or pleaded guilty to an offense	227
listed in division (A)(1), (3), (4), (5), or (6) of section	228
109.572 of the Revised Code, the request shall be treated as a	229
single request and only one fee shall be charged.	230

(F)(1) As used in division (F)(2) of this section, "head	231
start agency" means an entity in this state that has been approved	232
to be an agency for purposes of subchapter II of the "Community	233
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	234
as amended.	235

(2)(a) In addition to or in conjunction with any request that	236
is required to be made under section 109.572, 2151.86, 3301.32,	237
3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 5123.081,	238
5126.28, 5126.281, or 5153.111 of the Revised Code, the board of	239
education of any school district; the director of mental	240
retardation and developmental disabilities; any county board of	241
mental retardation and developmental disabilities; any entity	242
under contract with a county board of mental retardation and	243
developmental disabilities; the chief administrator of any	244
chartered nonpublic school; the chief administrator of any home	245
health agency; the chief administrator of or person operating any	246
child day-care center, type A family day-care home, or type B	247
family day-care home licensed or certified under Chapter 5104. of	248
the Revised Code; the administrator of any type C family day-care	249
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st	250
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st	251
general assembly; the chief administrator of any head start	252
agency; or the executive director of a public children services	253
agency may request that the superintendent of the bureau	254
investigate and determine, with respect to any individual who has	255
applied for employment in any position after October 2, 1989, or	256
any individual wishing to apply for employment with a board of	257
education may request, with regard to the individual, whether the	258
bureau has any information gathered under division (A) of this	259
section that pertains to that individual. On receipt of the	260
request, the superintendent shall determine whether that	261
information exists and, upon request of the person, board, or	262
entity requesting information, also shall request from the federal	263
bureau of investigation any criminal records it has pertaining to	264
that individual. The superintendent or the superintendent's	265
designee also may request criminal history records from other	266
states or the federal government pursuant to the national crime	267
prevention and privacy compact set forth in section 109.571 of the	268
Revised Code. Within thirty days of the date that the	269
superintendent receives a request, the superintendent shall send	270
to the board, entity, or person a report of any information that	271
the superintendent determines exists, including information	272
contained in records that have been sealed under section 2953.32	273
of the Revised Code, and, within thirty days of its receipt, shall	274
send the board, entity, or person a report of any information	275
received from the federal bureau of investigation, other than	276
information the dissemination of which is prohibited by federal	277
law.	278

(b) When a board of education is required to receive	279
information under this section as a prerequisite to employment of	280
an individual pursuant to section 3319.39 of the Revised Code, it	281
may accept a certified copy of records that were issued by the	282
bureau of criminal identification and investigation and that are	283
presented by an individual applying for employment with the	284
district in lieu of requesting that information itself. In such a	285
case, the board shall accept the certified copy issued by the	286
bureau in order to make a photocopy of it for that individual's	287
employment application documents and shall return the certified	288
copy to the individual. In a case of that nature, a district only	289
shall accept a certified copy of records of that nature within one	290
year after the date of their issuance by the bureau.	291

(3) The state board of education may request, with respect to	292
any individual who has applied for employment after October 2,	293
1989, in any position with the state board or the department of	294
education, any information that a school district board of	295
education is authorized to request under division (F)(2) of this	296
section, and the superintendent of the bureau shall proceed as if	297
the request has been received from a school district board of	298
education under division (F)(2) of this section.	299

(4) When the superintendent of the bureau receives a request	300
for information under section 3319.291 of the Revised Code, the	301
superintendent shall proceed as if the request has been received	302
from a school district board of education under division (F)(2) of	303
this section.	304

(5) When a recipient of a classroom reading improvement grant	305
paid under section 3301.86 of the Revised Code requests, with	306
respect to any individual who applies to participate in providing	307
any program or service funded in whole or in part by the grant,	308
the information that a school district board of education is	309
authorized to request under division (F)(2)(a) of this section,	310
the superintendent of the bureau shall proceed as if the request	311
has been received from a school district board of education under	312
division (F)(2)(a) of this section.	313

(G) In addition to or in conjunction with any request that is	314
required to be made under section 173.41, 3701.881, 3712.09,	315
3721.121, or 3722.151 of the Revised Code with respect to an	316
individual who has applied for employment in a position that	317
involves providing direct care to an older adult, the chief	318
administrator of a PASSPORT agency that provides services through	319
the PASSPORT program created under section 173.40 of the Revised	320
Code, home health agency, hospice care program, home licensed	321
under Chapter 3721. of the Revised Code, adult day-care program	322
operated pursuant to rules adopted under section 3721.04 of the	323
Revised Code, or adult care facility may request that the	324
superintendent of the bureau investigate and determine, with	325
respect to any individual who has applied after January 27, 1997,	326
for employment in a position that does not involve providing	327
direct care to an older adult, whether the bureau has any	328
information gathered under division (A) of this section that	329
pertains to that individual. On receipt of the request, the	330
superintendent shall determine whether that information exists	331
and, on request of the administrator requesting information, shall	332
also request from the federal bureau of investigation any criminal	333
records it has pertaining to that individual. The superintendent	334
or the superintendent's designee also may request criminal history	335
records from other states or the federal government pursuant to	336
the national crime prevention and privacy compact set forth in	337
section 109.571 of the Revised Code. Within thirty days of the	338
date a request is received, the superintendent shall send to the	339
administrator a report of any information determined to exist,	340
including information contained in records that have been sealed	341
under section 2953.32 of the Revised Code, and, within thirty days	342
of its receipt, shall send the administrator a report of any	343
information received from the federal bureau of investigation,	344
other than information the dissemination of which is prohibited by	345
federal law.	346

(H) Information obtained by a board, administrator, or other	347
person under this section is confidential and shall not be	348
released or disseminated.	349

(I) The superintendent may charge a reasonable fee for	350
providing information or criminal records under division (F)(2) or	351
(G) of this section.	352

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	353
section 121.08, 3301.32, 3301.541, 3319.39, 5104.012, or 5104.013,	354
or 5153.111 of the Revised Code, a completed form prescribed	355
pursuant to division (C)(1) of this section, and a set of	356
fingerprint impressions obtained in the manner described in	357
division (C)(2) of this section, the superintendent of the bureau	358
of criminal identification and investigation shall conduct a	359
criminal records check in the manner described in division (B) of	360
this section to determine whether any information exists that	361
indicates that the person who is the subject of the request	362
previously has been convicted of or pleaded guilty to any of the	363
following:	364

(a) A violation of section 2903.01, 2903.02, 2903.03,	365
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	366
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	367
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	368
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	369
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	370
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	371
2925.06, or 3716.11 of the Revised Code, felonious sexual	372
penetration in violation of former section 2907.12 of the Revised	373
Code, a violation of section 2905.04 of the Revised Code as it	374
existed prior to July 1, 1996, a violation of section 2919.23 of	375
the Revised Code that would have been a violation of section	376
2905.04 of the Revised Code as it existed prior to July 1, 1996,	377
had the violation been committed prior to that date, or a	378
violation of section 2925.11 of the Revised Code that is not a	379
minor drug possession offense;	380

(b) A violation of an existing or former law of this state,	381
any other state, or the United States that is substantially	382
equivalent to any of the offenses listed in division (A)(1)(a) of	383
this section.	384

(2) On receipt of a request pursuant to section 5123.081 of	385
the Revised Code with respect to an applicant for employment in	386
any position with the department of mental retardation and	387
developmental disabilities, pursuant to section 5126.28 of the	388
Revised Code with respect to an applicant for employment in any	389
position with a county board of mental retardation and	390
developmental disabilities, or pursuant to section 5126.281 of the	391
Revised Code with respect to an applicant for employment in a	392
direct services position with an entity contracting with a county	393
board for employment, a completed form prescribed pursuant to	394
division (C)(1) of this section, and a set of fingerprint	395
impressions obtained in the manner described in division (C)(2) of	396
this section, the superintendent of the bureau of criminal	397
identification and investigation shall conduct a criminal records	398
check. The superintendent shall conduct the criminal records check	399
in the manner described in division (B) of this section to	400
determine whether any information exists that indicates that the	401
person who is the subject of the request has been convicted of or	402
pleaded guilty to any of the following:	403

(a) A violation of section 2903.01, 2903.02, 2903.03,	404
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	405
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,	406
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,	407
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	408
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,	409
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,	410
2925.03, or 3716.11 of the Revised Code;	411

(b) An existing or former municipal ordinance or law of this	412
state, any other state, or the United States that is substantially	413
equivalent to any of the offenses listed in division (A)(2)(a) of	414
this section.	415

(3) On receipt of a request pursuant to section 173.41,	416
3712.09, 3721.121, or 3722.151 of the Revised Code, a completed	417
form prescribed pursuant to division (C)(1) of this section, and a	418
set of fingerprint impressions obtained in the manner described in	419
division (C)(2) of this section, the superintendent of the bureau	420
of criminal identification and investigation shall conduct a	421
criminal records check with respect to any person who has applied	422
for employment in a position that involves providing direct care	423
to an older adult. The superintendent shall conduct the criminal	424
records check in the manner described in division (B) of this	425
section to determine whether any information exists that indicates	426
that the person who is the subject of the request previously has	427
been convicted of or pleaded guilty to any of the following:	428

(a) A violation of section 2903.01, 2903.02, 2903.03,	429
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	430
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	431
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	432
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	433
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	434
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	435
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	436
2925.22, 2925.23, or 3716.11 of the Revised Code;	437

(b) An existing or former law of this state, any other state,	438
or the United States that is substantially equivalent to any of	439
the offenses listed in division (A)(3)(a) of this section.	440

(4) On receipt of a request pursuant to section 3701.881 of	441
the Revised Code with respect to an applicant for employment with	442
a home health agency as a person responsible for the care,	443
custody, or control of a child, a completed form prescribed	444
pursuant to division (C)(1) of this section, and a set of	445
fingerprint impressions obtained in the manner described in	446
division (C)(2) of this section, the superintendent of the bureau	447
of criminal identification and investigation shall conduct a	448
criminal records check. The superintendent shall conduct the	449
criminal records check in the manner described in division (B) of	450
this section to determine whether any information exists that	451
indicates that the person who is the subject of the request	452
previously has been convicted of or pleaded guilty to any of the	453
following:	454

(a) A violation of section 2903.01, 2903.02, 2903.03,	455
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	456
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	457
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	458
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	459
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	460
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	461
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	462
violation of section 2925.11 of the Revised Code that is not a	463
minor drug possession offense;	464

(b) An existing or former law of this state, any other state,	465
or the United States that is substantially equivalent to any of	466
the offenses listed in division (A)(4)(a) of this section.	467

(5) On receipt of a request pursuant to section 5111.95 or	468
5111.96 of the Revised Code with respect to an applicant for	469
employment with a waiver agency participating in a department of	470
job and family services administered home and community-based	471
waiver program or an independent provider participating in a	472
department administered home and community-based waiver program in	473
a position that involves providing home and community-based waiver	474
services to consumers with disabilities, a completed form	475
prescribed pursuant to division (C)(1) of this section, and a set	476
of fingerprint impressions obtained in the manner described in	477
division (C)(2) of this section, the superintendent of the bureau	478
of criminal identification and investigation shall conduct a	479
criminal records check. The superintendent shall conduct the	480
criminal records check in the manner described in division (B) of	481
this section to determine whether any information exists that	482
indicates that the person who is the subject of the request	483
previously has been convicted of or pleaded guilty to any of the	484
following:	485

(a) A violation of section 2903.01, 2903.02, 2903.03,	486
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	487
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	488
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	489
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	490
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13,	491
2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40,	492
2913.43, 2913.47, 2913.51, 2919.12, 2919.24, 2919.25, 2921.36,	493
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	494
2925.06, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the	495
Revised Code, felonious sexual penetration in violation of former	496
section 2907.12 of the Revised Code, a violation of section	497
2905.04 of the Revised Code as it existed prior to July 1, 1996, a	498
violation of section 2919.23 of the Revised Code that would have	499
been a violation of section 2905.04 of the Revised Code as it	500
existed prior to July 1, 1996, had the violation been committed	501
prior to that date;	502

(b) An existing or former law of this state, any other state,	503
or the United States that is substantially equivalent to any of	504
the offenses listed in division (A)(5)(a) of this section.	505

(6) On receipt of a request pursuant to section 3701.881 of	506
the Revised Code with respect to an applicant for employment with	507
a home health agency in a position that involves providing direct	508
care to an older adult, a completed form prescribed pursuant to	509
division (C)(1) of this section, and a set of fingerprint	510
impressions obtained in the manner described in division (C)(2) of	511
this section, the superintendent of the bureau of criminal	512
identification and investigation shall conduct a criminal records	513
check. The superintendent shall conduct the criminal records check	514
in the manner described in division (B) of this section to	515
determine whether any information exists that indicates that the	516
person who is the subject of the request previously has been	517
convicted of or pleaded guilty to any of the following:	518

(a) A violation of section 2903.01, 2903.02, 2903.03,	519
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	520
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	521
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	522
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	523
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	524
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	525
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	526
2925.22, 2925.23, or 3716.11 of the Revised Code;	527

(b) An existing or former law of this state, any other state,	528
or the United States that is substantially equivalent to any of	529
the offenses listed in division (A)(6)(a) of this section.	530

(7) When conducting a criminal records check upon a request	531
pursuant to section 3319.39 of the Revised Code for an applicant	532
who is a teacher, in addition to the determination made under	533
division (A)(1) of this section, the superintendent shall	534
determine whether any information exists that indicates that the	535
person who is the subject of the request previously has been	536
convicted of or pleaded guilty to any offense specified in section	537
3319.31 of the Revised Code.	538

(8) On a request pursuant to section 2151.86 of the Revised	539
Code, a completed form prescribed pursuant to division (C)(1) of	540
this section, and a set of fingerprint impressions obtained in the	541
manner described in division (C)(2) of this section, the	542
superintendent of the bureau of criminal identification and	543
investigation shall conduct a criminal records check in the manner	544
described in division (B) of this section to determine whether any	545
information exists that indicates that the person who is the	546
subject of the request previously has been convicted of or pleaded	547
guilty to any of the following:	548

(a) A violation of section 2903.01, 2903.02, 2903.03,	549
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	550
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	551
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	552
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	553
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	554
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	555
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a	556
violation of section 2905.04 of the Revised Code as it existed	557
prior to July 1, 1996, a violation of section 2919.23 of the	558
Revised Code that would have been a violation of section 2905.04	559
of the Revised Code as it existed prior to July 1, 1996, had the	560
violation been committed prior to that date, a violation of	561
section 2925.11 of the Revised Code that is not a minor drug	562
possession offense, or felonious sexual penetration in violation	563
of former section 2907.12 of the Revised Code;	564

(b) A violation of an existing or former law of this state,	565
any other state, or the United States that is substantially	566
equivalent to any of the offenses listed in division (A)(8)(a) of	567
this section.	568

(9) When conducting a criminal records check on a request	569
pursuant to section 5104.013 of the Revised Code for a person who	570
is an owner, licensee, or administrator of a child day-care center	571
or type A family day-care home or, an authorized provider of a	572
certified type B family day-care home, or an adult residing in a	573
type A or certified type B home, or when conducting a criminal	574
records check or a request pursuant to section 5104.012 of the	575
Revised Code for a person who is an applicant for employment in a	576
center, type A home, or certified type B home, the superintendent,	577
in addition to the determination made under division (A)(1) of	578
this section, shall determine whether any information exists that	579
indicates that the person has been convicted of or pleaded guilty	580
to any of the following:	581

(a) A violation of section 2913.02, 2913.03, 2913.04,	582
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	583
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	584
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11,	585
2921.13, or 2923.01 of the Revised Code, a violation of section	586
2923.02 or 2923.03 of the Revised Code that relates to a crime	587
specified in this division or division (A)(1)(a) of this section,	588
or a second violation of section 4511.19 of the Revised Code	589
within five years of the date of application for licensure or	590
certification.	591

(b) A violation of an existing or former law of this state,	592
any other state, or the United States that is substantially	593
equivalent to any of the offenses or violations described in	594
division (A)(9)(a) of this section.	595

(10) Upon receipt of a request pursuant to section 5153.111	596
of the Revised Code, a completed form prescribed pursuant to	597
division (C)(1) of this section, and a set of fingerprint	598
impressions obtained in the manner described in division (C)(2) of	599
this section, the superintendent of the bureau of criminal	600
identification and investigation shall conduct a criminal records	601
check in the manner described in division (B) of this section to	602
determine whether any information exists that indicates that the	603
person who is the subject of the request previously has been	604
convicted of or pleaded guilty to any of the following:	605

(a) A violation of section 2903.01, 2903.02, 2903.03,	606
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	607
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	608
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	609
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	610
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	611
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	612
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	613
felonious sexual penetration in violation of former section	614
2907.12 of the Revised Code, a violation of section 2905.04 of the	615
Revised Code as it existed prior to July 1, 1996, a violation of	616
section 2919.23 of the Revised Code that would have been a	617
violation of section 2905.04 of the Revised Code as it existed	618
prior to July 1, 1996, had the violation been committed prior to	619
that date, or a violation of section 2925.11 of the Revised Code	620
that is not a minor drug possession offense;	621

(b) A violation of an existing or former law of this state,	622
any other state, or the United States that is substantially	623
equivalent to any of the offenses listed in division (A)(10)(a) of	624
this section.	625

(11) On receipt of a request for a criminal records check	626
from an individual pursuant to section 4749.03 or 4749.06 of the	627
Revised Code, accompanied by a completed copy of the form	628
prescribed in division (C)(1) of this section and a set of	629
fingerprint impressions obtained in a manner described in division	630
(C)(2) of this section, the superintendent of the bureau of	631
criminal identification and investigation shall conduct a criminal	632
records check in the manner described in division (B) of this	633
section to determine whether any information exists indicating	634
that the person who is the subject of the request has been	635
convicted of or pleaded guilty to a felony in this state or in any	636
other state. If the individual indicates that a firearm will be	637
carried in the course of business, the superintendent shall	638
require information from the federal bureau of investigation as	639
described in division (B)(2) of this section. The superintendent	640
shall report the findings of the criminal records check and any	641
information the federal bureau of investigation provides to the	642
director of public safety.	643

(11)(12) Not later than thirty days after the date the	644
superintendent receives the request, completed form, and	645
fingerprint impressions, the superintendent shall send the person,	646
board, or entity that made the request any information, other than	647
information the dissemination of which is prohibited by federal	648
law, the superintendent determines exists with respect to the	649
person who is the subject of the request that indicates that the	650
person previously has been convicted of or pleaded guilty to any	651
offense listed or described in division (A)(1), (2), (3), (4),	652
(5), (6), (7), (8), (9), or (10), or (11) of this section, as	653
appropriate. The superintendent shall send the person, board, or	654
entity that made the request a copy of the list of offenses	655
specified in division (A)(1), (2), (3), (4), (5), (6), (7), (8),	656
(9), or (10), or (11) of this section, as appropriate. If the	657
request was made under section 3701.881 of the Revised Code with	658
regard to an applicant who may be both responsible for the care,	659
custody, or control of a child and involved in providing direct	660
care to an older adult, the superintendent shall provide a list of	661
the offenses specified in divisions (A)(4) and (6) of this	662
section.	663

(B) The superintendent shall conduct any criminal records	664
check requested under section 121.08, 173.41, 2151.86, 3301.32,	665
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03,	666
4749.06, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28,	667
5126.281, or 5153.111 of the Revised Code as follows:	668

(1) The superintendent shall review or cause to be reviewed	669
any relevant information gathered and compiled by the bureau under	670
division (A) of section 109.57 of the Revised Code that relates to	671
the person who is the subject of the request, including any	672
relevant information contained in records that have been sealed	673
under section 2953.32 of the Revised Code;	674

(2) If the request received by the superintendent asks for	675
information from the federal bureau of investigation, the	676
superintendent shall request from the federal bureau of	677
investigation any information it has with respect to the person	678
who is the subject of the request and shall review or cause to be	679
reviewed any information the superintendent receives from that	680
bureau.	681

(3) The superintendent or the superintendent's designee may	682
request criminal history records from other states or the federal	683
government pursuant to the national crime prevention and privacy	684
compact set forth in section 109.571 of the Revised Code.	685

(C)(1) The superintendent shall prescribe a form to obtain	686
the information necessary to conduct a criminal records check from	687
any person for whom a criminal records check is required by	688
section 121.08, 173.41, 2151.86, 3301.32, 3301.541, 3319.39,	689
3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 5104.012,	690
5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or	691
5153.111 of the Revised Code. The form that the superintendent	692
prescribes pursuant to this division may be in a tangible format,	693
in an electronic format, or in both tangible and electronic	694
formats.	695

(2) The superintendent shall prescribe standard impression	696
sheets to obtain the fingerprint impressions of any person for	697
whom a criminal records check is required by section 121.08,	698
173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09,	699
3721.121, 3722.151, 4749.03, 4749.06, 5104.012, 5104.013, 5111.95,	700
5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised	701
Code. Any person for whom a records check is required by any of	702
those sections shall obtain the fingerprint impressions at a	703
county sheriff's office, municipal police department, or any other	704
entity with the ability to make fingerprint impressions on the	705
standard impression sheets prescribed by the superintendent. The	706
office, department, or entity may charge the person a reasonable	707
fee for making the impressions. The standard impression sheets the	708
superintendent prescribes pursuant to this division may be in a	709
tangible format, in an electronic format, or in both tangible and	710
electronic formats.	711

(3) Subject to division (D) of this section, the	712
superintendent shall prescribe and charge a reasonable fee for	713
providing a criminal records check requested under section 121.08,	714
173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09,	715
3721.121, 3722.151, 4749.03, 4749.06, 5104.012, 5104.013, 5111.95,	716
5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised	717
Code. The person making a criminal records request under section	718
121.08, 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	719
3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 5104.012, 5104.013,	720
5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the	721
Revised Code shall pay the fee prescribed pursuant to this	722
division. A person making a request under section 3701.881 of the	723
Revised Code for a criminal records check for an applicant who may	724
be both responsible for the care, custody, or control of a child	725
and involved in providing direct care to an older adult shall pay	726
one fee for the request.	727

(4) The superintendent of the bureau of criminal	728
identification and investigation may prescribe methods of	729
forwarding fingerprint impressions and information necessary to	730
conduct a criminal records check, which methods shall include, but	731
not be limited to, an electronic method.	732

(D) A determination whether any information exists that	733
indicates that a person previously has been convicted of or	734
pleaded guilty to any offense listed or described in division	735
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	736
(b), (A)(5)(a) or (b), (A)(6), (A)(7)(a) or (b), (A)(8)(a) or (b),	737
or (A)(9)(a) or (b), or (A)(10)(a) or (b) of this section that is	738
made by the superintendent with respect to information considered	739
in a criminal records check in accordance with this section is	740
valid for the person who is the subject of the criminal records	741
check for a period of one year from the date upon which the	742
superintendent makes the determination. During the period in which	743
the determination in regard to a person is valid, if another	744
request under this section is made for a criminal records check	745
for that person, the superintendent shall provide the information	746
that is the basis for the superintendent's initial determination	747
at a lower fee than the fee prescribed for the initial criminal	748
records check.	749

(E) As used in this section:

750

(1) "Criminal records check" means any criminal records check	751
conducted by the superintendent of the bureau of criminal	752
identification and investigation in accordance with division (B)	753
of this section.	754

(2) "Home and community-based waiver services" and "waiver	755
agency" have the same meanings as in section 5111.95 of the	756
Revised Code.	757

(3) "Independent provider" has the same meaning as in section	758
5111.96 of the Revised Code.	759

(4) "Minor drug possession offense" has the same meaning as	760
in section 2925.01 of the Revised Code.	761

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

762

Sec. 109.60.  (A)(1) The sheriffs of the several counties and	763
the chiefs of police of cities, immediately upon the arrest of any	764
person for any felony, on suspicion of any felony, for a crime	765
constituting a misdemeanor on the first offense and a felony on	766
subsequent offenses, or for any misdemeanor described in division	767
(A)(1)(a) or (A)(10)(a) of section 109.572 of the Revised Code,	768
and immediately upon the arrest or taking into custody of any	769
child under eighteen years of age for committing an act that would	770
be a felony or an offense of violence if committed by an adult or	771
upon probable cause to believe that a child of that age may have	772
committed an act that would be a felony or an offense of violence	773
if committed by an adult, shall take the person's or child's	774
fingerprints, or cause the same to be taken, according to the	775
fingerprint system of identification on the forms furnished by the	776
superintendent of the bureau of criminal identification and	777
investigation, and immediately shall forward copies of the	778
completed forms, any other description that may be required, and	779
the history of the offense committed to the bureau to be	780
classified and filed and to the clerk of the court having	781
jurisdiction over the prosecution of the offense or over the	782
adjudication relative to the act.	783

(2) If a sheriff or chief of police has not taken, or caused	784
to be taken, a person's or child's fingerprints in accordance with	785
division (A)(1) of this section by the time of the arraignment or	786
first appearance of the person or child, the court shall order the	787
person or child to appear before the sheriff or chief of police	788
within twenty-four hours to have the person's or child's	789
fingerprints taken. The sheriff or chief of police shall take the	790
person's or child's fingerprints, or cause the fingerprints to be	791
taken, according to the fingerprint system of identification on	792
the forms furnished by the superintendent of the bureau of	793
criminal identification and investigation and, immediately after	794
the person's or child's arraignment or first appearance, forward	795
copies of the completed forms, any other description that may be	796
required, and the history of the offense committed to the bureau	797
to be classified and filed and to the clerk of the court.	798

(3) Every court with jurisdiction over a case involving a	799
person or child with respect to whom division (A)(1) of this	800
section requires a sheriff or chief of police to take the person's	801
or child's fingerprints shall inquire at the time of the person's	802
or child's sentencing or adjudication whether or not the person or	803
child has been fingerprinted pursuant to division (A)(1) or (2) of	804
this section for the original arrest upon which the sentence or	805
adjudication is based. If the person or child was not	806
fingerprinted for the original arrest upon which the sentence or	807
adjudication is based, the court shall order the person or child	808
to appear before the sheriff or chief of police within twenty-four	809
hours to have the person's or child's fingerprints taken. The	810
sheriff or chief of police shall take the person's or child's	811
fingerprints, or cause the fingerprints to be taken, according to	812
the fingerprint system of identification on the forms furnished by	813
the superintendent of the bureau of criminal identification and	814
investigation and immediately forward copies of the completed	815
forms, any other description that may be required, and the history	816
of the offense committed to the bureau to be classified and filed	817
and to the clerk of the court.	818

(4) If a person or child is in the custody of a law	819
enforcement agency or a detention facility, as defined in section	820
2921.01 of the Revised Code, and the chief law enforcement officer	821
or chief administrative officer of the detention facility	822
discovers that a warrant has been issued or a bill of information	823
has been filed alleging the person or child to have committed an	824
offense or act other than the offense or act for which the person	825
or child is in custody, and the other alleged offense or act is	826
one for which fingerprints are to be taken pursuant to division	827
(A)(1) of this section, the law enforcement agency or detention	828
facility shall take the fingerprints of the person or child, or	829
cause the fingerprints to be taken, according to the fingerprint	830
system of identification on the forms furnished by the	831
superintendent of the bureau of criminal identification and	832
investigation and immediately forward copies of the completed	833
forms, any other description that may be required, and the history	834
of the offense committed to the bureau to be classified and filed	835
and to the clerk of the court that issued the warrant or with	836
which the bill of information was filed.	837

(5) If an accused is found not guilty of the offense charged	838
or a nolle prosequi is entered in any case, or if any accused	839
child under eighteen years of age is found not to be a delinquent	840
child for committing an act that would be a felony or an offense	841
of violence if committed by an adult or not guilty of the felony	842
or offense of violence charged or a nolle prosequi is entered in	843
that case, the fingerprints and description shall be given to the	844
accused upon the accused's request.	845

(6) The superintendent shall compare the description received	846
with those already on file in the bureau, and, if the	847
superintendent finds that the person arrested or taken into	848
custody has a criminal record or a record as a delinquent child	849
for having committed an act that would be a felony or an offense	850
of violence if committed by an adult or is a fugitive from justice	851
or wanted by any jurisdiction in this or another state, the United	852
States, or a foreign country for any offense, the superintendent	853
at once shall inform the arresting officer, the officer taking the	854
person into custody, or the chief administrative officer of the	855
county, multicounty, municipal, municipal-county, or	856
multicounty-municipal jail or workhouse, community-based	857
correctional facility, halfway house, alternative residential	858
facility, or state correctional institution in which the person or	859
child is in custody of that fact and give appropriate notice to	860
the proper authorities in the jurisdiction in which the person is	861
wanted, or, if that jurisdiction is a foreign country, give	862
appropriate notice to federal authorities for transmission to the	863
foreign country. The names, under which each person whose	864
identification is filed is known, shall be alphabetically indexed	865
by the superintendent.	866

(B) This section does not apply to a violator of a city	867
ordinance unless the officers have reason to believe that the	868
violator is a past offender or the crime is one constituting a	869
misdemeanor on the first offense and a felony on subsequent	870
offenses, or unless it is advisable for the purpose of subsequent	871
identification. This section does not apply to any child under	872
eighteen years of age who was not arrested or otherwise taken into	873
custody for committing an act that would be a felony or an offense	874
of violence if committed by an adult or upon probable cause to	875
believe that a child of that age may have committed an act that	876
would be a felony or an offense of violence if committed by an	877
adult, except as provided in section 2151.313 of the Revised Code.	878

Sec. 1347.08.  (A) Every state or local agency that maintains	879
a personal information system, upon the request and the proper	880
identification of any person who is the subject of personal	881
information in the system, shall:	882

(1) Inform the person of the existence of any personal	883
information in the system of which the person is the subject;	884

(2) Except as provided in divisions (C) and (E)(2) of this	885
section, permit the person, the person's legal guardian, or an	886
attorney who presents a signed written authorization made by the	887
person, to inspect all personal information in the system of which	888
the person is the subject;	889

(3) Inform the person about the types of uses made of the	890
personal information, including the identity of any users usually	891
granted access to the system.	892

(B) Any person who wishes to exercise a right provided by	893
this section may be accompanied by another individual of the	894
person's choice.	895

(C)(1) A state or local agency, upon request, shall disclose	896
medical, psychiatric, or psychological information to a person who	897
is the subject of the information or to the person's legal	898
guardian, unless a physician, psychiatrist, or psychologist	899
determines for the agency that the disclosure of the information	900
is likely to have an adverse effect on the person, in which case	901
the information shall be released to a physician, psychiatrist, or	902
psychologist who is designated by the person or by the person's	903
legal guardian.	904

(2) Upon the signed written request of either a licensed	905
attorney at law or a licensed physician designated by the inmate,	906
together with the signed written request of an inmate of a	907
correctional institution under the administration of the	908
department of rehabilitation and correction, the department shall	909
disclose medical information to the designated attorney or	910
physician as provided in division (C) of section 5120.21 of the	911
Revised Code.	912

(D) If an individual who is authorized to inspect personal	913
information that is maintained in a personal information system	914
requests the state or local agency that maintains the system to	915
provide a copy of any personal information that the individual is	916
authorized to inspect, the agency shall provide a copy of the	917
personal information to the individual. Each state and local	918
agency may establish reasonable fees for the service of copying,	919
upon request, personal information that is maintained by the	920
agency.	921

(E)(1) This section regulates access to personal information	922
that is maintained in a personal information system by persons who	923
are the subject of the information, but does not limit the	924
authority of any person, including a person who is the subject of	925
personal information maintained in a personal information system,	926
to inspect or have copied, pursuant to section 149.43 of the	927
Revised Code, a public record as defined in that section.	928

(2) This section does not provide a person who is the subject	929
of personal information maintained in a personal information	930
system, the person's legal guardian, or an attorney authorized by	931
the person, with a right to inspect or have copied, or require an	932
agency that maintains a personal information system to permit the	933
inspection of or to copy, a confidential law enforcement	934
investigatory record or trial preparation record, as defined in	935
divisions (A)(2) and (4) of section 149.43 of the Revised Code.	936

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

937

(1) The contents of an adoption file maintained by the	938
department of health under section 3705.12 of the Revised Code;	939

(2) Information contained in the putative father registry	940
established by section 3107.062 of the Revised Code, regardless of	941
whether the information is held by the department of job and	942
family services or, pursuant to section 3111.69 of the Revised	943
Code, the office of child support in the department or a child	944
support enforcement agency;	945

(3) Papers, records, and books that pertain to an adoption	946
and that are subject to inspection in accordance with section	947
3107.17 of the Revised Code;	948

(4) Records listed in division (A) of section 3107.42 of the	949
Revised Code or specified in division (A) of section 3107.52 of	950
the Revised Code;	951

(5) Records that identify an individual described in division	952
(A)(1) of section 3721.031 of the Revised Code, or that would tend	953
to identify such an individual;	954

(6) Files and records that have been expunged under division	955
(D)(1) of section 3721.23 of the Revised Code;	956

(7) Records that identify an individual described in division	957
(A)(1) of section 3721.25 of the Revised Code, or that would tend	958
to identify such an individual;	959

(8) Records that identify an individual described in division	960
(A)(1) of section 5111.61 of the Revised Code, or that would tend	961
to identify such an individual;	962

(9) Test materials, examinations, or evaluation tools used in	963
an examination for licensure as a nursing home administrator that	964
the board of examiners of nursing home administrators administers	965
under section 4751.04 of the Revised Code or contracts under that	966
section with a private or government entity to administer;	967

(10) Information contained in a database established and	968
maintained pursuant to section 5101.13 of the Revised Code.	969

Sec. 1717.14.  When an officer or agent of the Ohio humane	970
society or of a county humane society deems it for the best	971
interest of a child, because of cruelty inflicted upon itthe	972
child or because of itsthe child's surroundings, that itthe	973
child be removed from the possession and control of the parents or	974
persons having charge of itthe child, suchthe officer or agent	975
may take possession of the child summarily, and upon doing so	976
shall immediately file a complaint in the juvenile court	977
concerning such child. Such court shall have full jurisdiction to	978
deal with such child as provided in sections 2151.01 to 2151.54 of	979
the Revised Code, subject to the prior jurisdiction, if any, which	980
another court may have over such childcomply with section	981
2151.421 of the Revised Code.	982

As used in this section "child" means any person under	983
eighteen years of age.	984

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

985

(1) "Juvenile court" means whichever of the following is	986
applicable that has jurisdiction under this chapter and Chapter	987
2152. of the Revised Code:	988

(a) The division of the court of common pleas specified in	989
section 2101.022 or 2301.03 of the Revised Code as having	990
jurisdiction under this chapter and Chapter 2152. of the Revised	991
Code or as being the juvenile division or the juvenile division	992
combined with one or more other divisions;	993

(b) The juvenile court of Cuyahoga county or Hamilton county	994
that is separately and independently created by section 2151.08 or	995
Chapter 2153. of the Revised Code and that has jurisdiction under	996
this chapter and Chapter 2152. of the Revised Code;	997

(c) If division (A)(1)(a) or (b) of this section does not	998
apply, the probate division of the court of common pleas.	999

(2) "Juvenile judge" means a judge of a court having	1000
jurisdiction under this chapter.	1001

(3) "Private child placing agency" means any association, as	1002
defined in section 5103.02 of the Revised Code, that is certified	1003
under section 5103.03 of the Revised Code to accept temporary,	1004
permanent, or legal custody of children and place the children for	1005
either foster care or adoption.	1006

(4) "Private noncustodial agency" means any person,	1007
organization, association, or society certified by the department	1008
of job and family services that does not accept temporary or	1009
permanent legal custody of children, that is privately operated in	1010
this state, and that does one or more of the following:	1011

(a) Receives and cares for children for two or more	1012
consecutive weeks;	1013

(b) Participates in the placement of children in certified	1014
foster homes;	1015

(c) Provides adoption services in conjunction with a public	1016
children services agency or private child placing agency.	1017

(B) As used in this chapter:

1018

(1) "Adequate parental care" means the provision by a child's	1019
parent or parents, guardian, or custodian of adequate food,	1020
clothing, and shelter to ensure the child's health and physical	1021
safety and the provision by a child's parent or parents of	1022
specialized services warranted by the child's physical or mental	1023
needs.	1024

(2) "Adult" means an individual who is eighteen years of age	1025
or older.	1026

(3) "Agreement for temporary custody" means a voluntary	1027
agreement authorized by section 5103.15 of the Revised Code that	1028
transfers the temporary custody of a child to a public children	1029
services agency or a private child placing agency.	1030

(4) "Certified foster home" means a foster home, as defined	1031
in section 5103.02 of the Revised Code, certified under section	1032
5103.03 of the Revised Code.	1033

(5) "Child" means a person who is under eighteen years of	1034
age, except that the juvenile court has jurisdiction over any	1035
person who is adjudicated an unruly child prior to attaining	1036
eighteen years of age until the person attains twenty-one years of	1037
age, and, for purposes of that jurisdiction related to that	1038
adjudication, a person who is so adjudicated an unruly child shall	1039
be deemed a "child" until the person attains twenty-one years of	1040
age.	1041

(6) "Child day camp," "child care," "child day-care center,"	1042
"part-time child day-care center," "type A family day-care home,"	1043
"certified type B family day-care home," "type B home,"	1044
"administrator of a child day-care center," "administrator of a	1045
type A family day-care home," "in-home aide," and "authorized	1046
provider" have the same meanings as in section 5104.01 of the	1047
Revised Code.	1048

(7) "Child care provider" means an individual who is a	1049
child-care staff member or administrator of a child day-care	1050
center, a type A family day-care home, or a type B family day-care	1051
home, or an in-home aide or an individual who is licensed, is	1052
regulated, is approved, operates under the direction of, or	1053
otherwise is certified by the department of job and family	1054
services, department of mental retardation and developmental	1055
disabilities, or the early childhood programs of the department of	1056
education.	1057

(8) "Chronic truant" has the same meaning as in section	1058
2152.02 of the Revised Code.	1059

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

1060

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

1061

(a) General counseling services performed by a public	1062
children services agency or shelter for victims of domestic	1063
violence to assist a child, a child's parents, and a child's	1064
siblings in alleviating identified problems that may cause or have	1065
caused the child to be an abused, neglected, or dependent child.	1066

(b) Psychiatric or psychological therapeutic counseling	1067
services provided to correct or alleviate any mental or emotional	1068
illness or disorder and performed by a licensed psychiatrist,	1069
licensed psychologist, or a person licensed under Chapter 4757. of	1070
the Revised Code to engage in social work or professional	1071
counseling.	1072

(11) "Custodian" means a person who has legal custody of a	1073
child or a public children services agency or private child	1074
placing agency that has permanent, temporary, or legal custody of	1075
a child.	1076

(12) "Delinquent child" has the same meaning as in section	1077
2152.02 of the Revised Code.	1078

(13) "Detention" means the temporary care of children pending	1079
court adjudication or disposition, or execution of a court order,	1080
in a public or private facility designed to physically restrict	1081
the movement and activities of children.	1082

(14) "Developmental disability" has the same meaning as in	1083
section 5123.01 of the Revised Code.	1084

(15) "Foster caregiver" has the same meaning as in section	1085
5103.02 of the Revised Code.	1086

(16) "Guardian" means a person, association, or corporation	1087
that is granted authority by a probate court pursuant to Chapter	1088
2111. of the Revised Code to exercise parental rights over a child	1089
to the extent provided in the court's order and subject to the	1090
residual parental rights of the child's parents.	1091

(17) "Habitual truant" means any child of compulsory school	1092
age who is absent without legitimate excuse for absence from the	1093
public school the child is supposed to attend for five or more	1094
consecutive school days, seven or more school days in one school	1095
month, or twelve or more school days in a school year.	1096

(18) "Juvenile traffic offender" has the same meaning as in	1097
section 2152.02 of the Revised Code.	1098

(19) "Legal custody" means a legal status that vests in the	1099
custodian the right to have physical care and control of the child	1100
and to determine where and with whom the child shall live, and the	1101
right and duty to protect, train, and discipline the child and to	1102
provide the child with food, shelter, education, and medical care,	1103
all subject to any residual parental rights, privileges, and	1104
responsibilities. An individual granted legal custody shall	1105
exercise the rights and responsibilities personally unless	1106
otherwise authorized by any section of the Revised Code or by the	1107
court.	1108

(20) A "legitimate excuse for absence from the public school	1109
the child is supposed to attend" includes, but is not limited to,	1110
any of the following:	1111

(a) The fact that the child in question has enrolled in and	1112
is attending another public or nonpublic school in this or another	1113
state;	1114

(b) The fact that the child in question is excused from	1115
attendance at school for any of the reasons specified in section	1116
3321.04 of the Revised Code;	1117

(c) The fact that the child in question has received an age	1118
and schooling certificate in accordance with section 3331.01 of	1119
the Revised Code.	1120

(21) "Mental illness" and "mentally ill person subject to	1121
hospitalization by court order" have the same meanings as in	1122
section 5122.01 of the Revised Code.	1123

(22) "Mental injury" means any behavioral, cognitive,	1124
emotional, or mental disorder in a child caused by an act or	1125
omission that is described in section 2919.22 of the Revised Code	1126
and is committed by the parent or other person responsible for the	1127
child's care.	1128

(23) "Mentally retarded person" has the same meaning as in	1129
section 5123.01 of the Revised Code.	1130

(24) "Nonsecure care, supervision, or training" means care,	1131
supervision, or training of a child in a facility that does not	1132
confine or prevent movement of the child within the facility or	1133
from the facility.	1134

(25) "Of compulsory school age" has the same meaning as in	1135
section 3321.01 of the Revised Code.	1136

(26) "Organization" means any institution, public,	1137
semipublic, or private, and any private association, society, or	1138
agency located or operating in the state, incorporated or	1139
unincorporated, having among its functions the furnishing of	1140
protective services or care for children, or the placement of	1141
children in certified foster homes or elsewhere.	1142

(27) "Out-of-home care" means detention facilities, shelter	1143
facilities, certified foster homes, placement in a prospective	1144
adoptive home prior to the issuance of a final decree of adoption,	1145
organizations, certified organizations, child day-care centers,	1146
type A family day-care homes, child care provided by type B family	1147
day-care home providers and by in-home aides, group home	1148
providers, group homes, institutions, state institutions,	1149
residential facilities, residential care facilities, residential	1150
camps, day camps, public schools, chartered nonpublic schools,	1151
educational service centers, hospitals, and medical clinics that	1152
are responsible for the care, physical custody, or control of	1153
children.	1154

(28) "Out-of-home care child abuse" means any of the	1155
following when committed by a person responsible for the care of a	1156
child in out-of-home care:	1157

(a) Engaging in sexual activity with a child in the person's	1158
care;	1159

(b) Denial to a child, as a means of punishment, of proper or	1160
necessary subsistence, education, medical care, or other care	1161
necessary for a child's health;	1162

(c) Use of restraint procedures on a child that cause injury	1163
or pain;	1164

(d) Administration of prescription drugs or psychotropic	1165
medication to the child without the written approval and ongoing	1166
supervision of a licensed physician;	1167

(e) Commission of any act, other than by accidental means,	1168
that results in any injury to or death of the child in out-of-home	1169
care or commission of any act by accidental means that results in	1170
an injury to or death of a child in out-of-home care and that is	1171
at variance with the history given of the injury or death.	1172

(29) "Out-of-home care child neglect" means any of the	1173
following when committed by a person responsible for the care of a	1174
child in out-of-home care:	1175

(a) Failure to provide reasonable supervision according to	1176
the standards of care appropriate to the age, mental and physical	1177
condition, or other special needs of the child;	1178

(b) Failure to provide reasonable supervision according to	1179
the standards of care appropriate to the age, mental and physical	1180
condition, or other special needs of the child, that results in	1181
sexual or physical abuse of the child by any person;	1182

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

1183

(i) Administration of prescription drugs or psychotropic	1184
drugs for the child;	1185

(ii) Assuring that the instructions of the licensed physician	1186
who prescribed a drug for the child are followed;	1187

(iii) Reporting to the licensed physician who prescribed the	1188
drug all unfavorable or dangerous side effects from the use of the	1189
drug.	1190

(d) Failure to provide proper or necessary subsistence,	1191
education, medical care, or other individualized care necessary	1192
for the health or well-being of the child;	1193

(e) Confinement of the child to a locked room without	1194
monitoring by staff;	1195

(f) Failure to provide ongoing security for all prescription	1196
and nonprescription medication;	1197

(g) Isolation of a child for a period of time when there is	1198
substantial risk that the isolation, if continued, will impair or	1199
retard the mental health or physical well-being of the child.	1200

(30) "Permanent custody" means a legal status that vests in a	1201
public children services agency or a private child placing agency,	1202
all parental rights, duties, and obligations, including the right	1203
to consent to adoption, and divests the natural parents or	1204
adoptive parents of all parental rights, privileges, and	1205
obligations, including all residual rights and obligations.	1206

(31) "Permanent surrender" means the act of the parents or,	1207
if a child has only one parent, of the parent of a child, by a	1208
voluntary agreement authorized by section 5103.15 of the Revised	1209
Code, to transfer the permanent custody of the child to a public	1210
children services agency or a private child placing agency.	1211

(32) "Person" means an individual, association, corporation,	1212
or partnership and the state or any of its political subdivisions,	1213
departments, or agencies.	1214

(33) "Person responsible for a child's care in out-of-home	1215
care" means any of the following:	1216

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

1217

(b) Any administrator, employee, or agent of any of the	1218
following: a public or private detention facility; shelter	1219
facility; organization; certified organization; child day-care	1220
center; type A family day-care home; certified type B family	1221
day-care home; group home; institution; state institution;	1222
residential facility; residential care facility; residential camp;	1223
day camp; school district; community school; chartered nonpublic	1224
school; educational service center; hospital; or medical clinic;	1225

(c) Any person who supervises or coaches children as part of	1226
an extracurricular activity sponsored by a school district, public	1227
school, or chartered nonpublic school;	1228

(d) Any other person who performs a similar function with	1229
respect to, or has a similar relationship to, children.	1230

(33)(34) "Physically impaired" means having one or more of	1231
the following conditions that substantially limit one or more of	1232
an individual's major life activities, including self-care,	1233
receptive and expressive language, learning, mobility, and	1234
self-direction:	1235

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

1236

(b) A congenital orthopedic impairment;

1237

(c) An orthopedic impairment caused by disease, rheumatic	1238
fever or any other similar chronic or acute health problem, or	1239
amputation or another similar cause.	1240

(34)(35) "Placement for adoption" means the arrangement by a	1241
public children services agency or a private child placing agency	1242
with a person for the care and adoption by that person of a child	1243
of whom the agency has permanent custody.	1244

(35)(36) "Placement in foster care" means the arrangement by	1245
a public children services agency or a private child placing	1246
agency for the out-of-home care of a child of whom the agency has	1247
temporary custody or permanent custody.	1248

(36)(37) "Planned permanent living arrangement" means an	1249
order of a juvenile court pursuant to which both of the following	1250
apply:	1251

(a) The court gives legal custody of a child to a public	1252
children services agency or a private child placing agency without	1253
the termination of parental rights.	1254

(b) The order permits the agency to make an appropriate	1255
placement of the child and to enter into a written agreement with	1256
a foster care provider or with another person or agency with whom	1257
the child is placed.	1258

(37)(38) "Practice of social work" and "practice of	1259
professional counseling" have the same meanings as in section	1260
4757.01 of the Revised Code.	1261

(38)(39) "Sanction, service, or condition" means a sanction,	1262
service, or condition created by court order following an	1263
adjudication that a child is an unruly child that is described in	1264
division (A)(4) of section 2152.19 of the Revised Code.	1265

(39)(40) "Protective supervision" means an order of	1266
disposition pursuant to which the court permits an abused,	1267
neglected, dependent, or unruly child to remain in the custody of	1268
the child's parents, guardian, or custodian and stay in the	1269
child's home, subject to any conditions and limitations upon the	1270
child, the child's parents, guardian, or custodian, or any other	1271
person that the court prescribes, including supervision as	1272
directed by the court for the protection of the child.	1273

(40)(41) "Psychiatrist" has the same meaning as in section	1274
5122.01 of the Revised Code.	1275

(41)(42) "Psychologist" has the same meaning as in section	1276
4732.01 of the Revised Code.	1277

(42)(43) "Residential camp" means a program in which the	1278
care, physical custody, or control of children is accepted	1279
overnight for recreational or recreational and educational	1280
purposes.	1281

(43)(44) "Residential care facility" means an institution,	1282
residence, or facility that is licensed by the department of	1283
mental health under section 5119.22 of the Revised Code and that	1284
provides care for a child.	1285

(44)(45) "Residential facility" means a home or facility that	1286
is licensed by the department of mental retardation and	1287
developmental disabilities under section 5123.19 of the Revised	1288
Code and in which a child with a developmental disability resides.	1289

(45)(46) "Residual parental rights, privileges, and	1290
responsibilities" means those rights, privileges, and	1291
responsibilities remaining with the natural parent after the	1292
transfer of legal custody of the child, including, but not	1293
necessarily limited to, the privilege of reasonable visitation,	1294
consent to adoption, the privilege to determine the child's	1295
religious affiliation, and the responsibility for support.	1296

(46)(47) "School day" means the school day established by the	1297
state board of education pursuant to section 3313.48 of the	1298
Revised Code.	1299

(47)(48) "School month" and "school year" have the same	1300
meanings as in section 3313.62 of the Revised Code.	1301

(48)(49) "Secure correctional facility" means a facility	1302
under the direction of the department of youth services that is	1303
designed to physically restrict the movement and activities of	1304
children and used for the placement of children after adjudication	1305
and disposition.	1306

(49)(50) "Sexual activity" has the same meaning as in section	1307
2907.01 of the Revised Code.	1308

(50)(51) "Shelter" means the temporary care of children in	1309
physically unrestricted facilities pending court adjudication or	1310
disposition.	1311

(51)(52) "Shelter for victims of domestic violence" has the	1312
same meaning as in section 3113.33 of the Revised Code.	1313

(52)(53) "Temporary custody" means legal custody of a child	1314
who is removed from the child's home, which custody may be	1315
terminated at any time at the discretion of the court or, if the	1316
legal custody is granted in an agreement for temporary custody, by	1317
the person who executed the agreement.	1318

(C) For the purposes of this chapter, a child shall be	1319
presumed abandoned when the parents of the child have failed to	1320
visit or maintain contact with the child for more than ninety	1321
days, regardless of whether the parents resume contact with the	1322
child after that period of ninety days.	1323

Sec. 2151.281.  (A) The court shall appoint a guardian ad	1324
litem to protect the interest of a child in any proceeding	1325
concerning an alleged or adjudicated delinquent child or unruly	1326
child when either of the following applies:	1327

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

1328

(2) The court finds that there is a conflict of interest	1329
between the child and the child's parent, guardian, or legal	1330
custodian.	1331

(B)(1) The court shall appoint a guardian ad litem who has	1332
received training appropriate to the role to protect the interest	1333
of a child in any proceeding concerning an alleged abused or	1334
neglected child and in any proceeding held pursuant to section	1335
2151.414 of the Revised Code. The guardian ad litem so appointed	1336
shall not be the attorney responsible for presenting the evidence	1337
alleging that the child is an abused or neglected child and shall	1338
not be an employee of any party in the proceeding.	1339

(2) The guardian ad litem appointed for an alleged or	1340
adjudicated abused or neglected child may bring a civil action	1341
against any person, who is required by division (A)(1) of section	1342
2151.421 of the Revised Code to file a report of known or	1343
suspected child abuse or child neglect, if that person knows or	1344
suspects that the child for whom the guardian ad litem is	1345
appointed is the subject of child abuse or child neglect and does	1346
not file the required report and if the child suffers any injury	1347
or harm as a result of the known or suspected child abuse or child	1348
neglect or suffers additional injury or harm after the failure to	1349
file the report.	1350

(C) In any proceeding concerning an alleged or adjudicated	1351
delinquent, unruly, abused, neglected, or dependent child in which	1352
the parent appears to be mentally incompetent or is under eighteen	1353
years of age, the court shall appoint a guardian ad litem to	1354
protect the interest of that parent.	1355

(D) The court shall require the guardian ad litem to	1356
faithfully discharge the guardian ad litem's duties and, upon the	1357
guardian ad litem's failure to faithfully discharge the guardian	1358
ad litem's duties, shall discharge the guardian ad litem and	1359
appoint another guardian ad litem. The court may fix the	1360
compensation for the service of the guardian ad litem, which	1361
compensation shall be paid from the treasury of the county.	1362

(E) A parent who is eighteen years of age or older and not	1363
mentally incompetent shall be deemed sui juris for the purpose of	1364
any proceeding relative to a child of the parent who is alleged or	1365
adjudicated to be an abused, neglected, or dependent child.	1366

(F) In any case in which a parent of a child alleged or	1367
adjudicated to be an abused, neglected, or dependent child is	1368
under eighteen years of age, the parents of that parent shall be	1369
summoned to appear at any hearing respecting the child, who is	1370
alleged or adjudicated to be an abused, neglected, or dependent	1371
child.	1372

(G) In any case involving an alleged or adjudicated abused or	1373
neglected child or an agreement for the voluntary surrender of	1374
temporary or permanent custody of a child that is made in	1375
accordance with section 5103.15 of the Revised Code, the court	1376
shall appoint the guardian ad litem in each case as soon as	1377
possible after the complaint is filed, the request for an	1378
extension of the temporary custody agreement is filed with the	1379
court, or the request for court approval of the permanent custody	1380
agreement is filed. In any case involving an alleged dependent	1381
child in which the parent of the child appears to be mentally	1382
incompetent or is under eighteen years of age, there is a conflict	1383
of interest between the child and the child's parents, guardian,	1384
or custodian, or the court believes that the parent of the child	1385
is not capable of representing the best interest of the child, the	1386
court shall appoint a guardian ad litem for the child. The	1387
guardian ad litem or the guardian ad litem's replacement shall	1388
continue to serve until any of the following occur:	1389

(1) The complaint is dismissed or the request for an	1390
extension of a temporary custody agreement or for court approval	1391
of the permanent custody agreement is withdrawn or denied;	1392

(2) All dispositional orders relative to the child have	1393
terminated;	1394

(3) The legal custody of the child is granted to a relative	1395
of the child, or to another person;	1396

(4) The child is placed in an adoptive home or, at the	1397
court's discretion, a final decree of adoption is issued with	1398
respect to the child;	1399

(5) The child reaches the age of eighteen if the child is not	1400
mentally retarded, developmentally disabled, or physically	1401
impaired or the child reaches the age of twenty-one if the child	1402
is mentally retarded, developmentally disabled, or physically	1403
impaired;	1404

(6) The guardian ad litem resigns or is removed by the court	1405
and a replacement is appointed by the court.	1406

If a guardian ad litem ceases to serve a child pursuant to	1407
division (G)(4) of this section and the petition for adoption with	1408
respect to the child is denied or withdrawn prior to the issuance	1409
of a final decree of adoption or prior to the date an	1410
interlocutory order of adoption becomes final, the juvenile court	1411
shall reappoint a guardian ad litem for that child. The public	1412
children services agency or private child placing agency with	1413
permanent custody of the child shall notify the juvenile court if	1414
the petition for adoption is denied or withdrawn.	1415

(H) If the guardian ad litem for an alleged or adjudicated	1416
abused, neglected, or dependent child is an attorney admitted to	1417
the practice of law in this state, the guardian ad litem also may	1418
serve as counsel to the ward. If a person is serving as guardian	1419
ad litem and counsel for a child and either that person or the	1420
court finds that a conflict may exist between the person's roles	1421
as guardian ad litem and as counsel, the guardian ad litem shall	1422
immediately move for permission to withdraw as counsel. On receipt	1423
of such a motion, the court shall relieve the person of duties as	1424
guardian ad litemcounsel and appoint someone else as guardian ad	1425
litemcounsel for the child. If the court appoints a person who is	1426
not an attorney admitted to the practice of law in this state to	1427
be a guardian ad litem, the court also may appoint an attorney	1428
admitted to the practice of law in this state to serve as counsel	1429
for the guardian ad litem.	1430

(I) The guardian ad litem for an alleged or adjudicated	1431
abused, neglected, or dependent child shall perform whatever	1432
functions are necessary to protect the best interest of the child,	1433
including, but not limited to, investigation, mediation,	1434
monitoring court proceedings, and monitoring the services provided	1435
the child by the public children services agency or private child	1436
placing agency that has temporary or permanent custody of the	1437
child, and shall file any motions and other court papers that are	1438
in the best interest of the child.	1439

The guardian ad litem shall be given notice of all hearings,	1440
administrative reviews, and other proceedings in the same manner	1441
as notice is given to parties to the action.	1442

(J)(1) When the court appoints a guardian ad litem pursuant	1443
to this section, it shall appoint a qualified volunteer whenever	1444
one is available and the appointment is appropriate.	1445

(2) Upon request, the department of job and family services	1446
shall provide for the training of volunteer guardians ad litem.	1447

Sec. 2151.353.  (A) If a child is adjudicated an abused,	1448
neglected, or dependent child, the court may make any of the	1449
following orders of disposition:	1450

(1) Place the child in protective supervision;

1451

(2) Commit the child to the temporary custody of a public	1452
children services agency, a private child placing agency, either	1453
parent, a relative residing within or outside the state, or a	1454
probation officer for placement in a certified foster home, or in	1455
any other home approved by the court;	1456

(3) Award legal custody of the child to either parent or to	1457
any other person who, prior to the dispositional hearing, files a	1458
motion requesting legal custody of the child or is identified as a	1459
proposed legal custodian in a complaint or motion filed by a	1460
public children services agency or private child placing agency;	1461

(4) Commit the child to the permanent custody of a public	1462
children services agency or private child placing agency, if the	1463
court determines in accordance with division (E) of section	1464
2151.414 of the Revised Code that the child cannot be placed with	1465
one of the child's parents within a reasonable time or should not	1466
be placed with either parent and determines in accordance with	1467
division (D) of section 2151.414 of the Revised Code that the	1468
permanent commitment is in the best interest of the child. If the	1469
court grants permanent custody under this division, the court,	1470
upon the request of any party, shall file a written opinion	1471
setting forth its findings of fact and conclusions of law in	1472
relation to the proceeding.	1473

(5) Place the child in a planned permanent living arrangement	1474
with a public children services agency or private child placing	1475
agency, if a public children services agency or private child	1476
placing agency requests the court to place the child in a planned	1477
permanent living arrangement and if the court finds, by clear and	1478
convincing evidence, that a planned permanent living arrangement	1479
is in the best interest of the child and that one of the following	1480
exists:	1481

(a) The child, because of physical, mental, or psychological	1482
problems or needs, is unable to function in a family-like setting	1483
and must remain in residential or institutional care.	1484

(b) The parents of the child have significant physical,	1485
mental, or psychological problems and are unable to care for the	1486
child because of those problems, adoption is not in the best	1487
interest of the child, as determined in accordance with division	1488
(D) of section 2151.414 of the Revised Code, and the child retains	1489
a significant and positive relationship with a parent or relative.	1490

(c) The child is sixteen years of age or older, has been	1491
counseled on the permanent placement options available to the	1492
child, is unwilling to accept or unable to adapt to a permanent	1493
placement, and is in an agency program preparing the child for	1494
independent living.	1495

(6) Order the removal from the child's home until further	1496
order of the court of the person who committed abuse as described	1497
in section 2151.031 of the Revised Code against the child, who	1498
caused or allowed the child to suffer neglect as described in	1499
section 2151.03 of the Revised Code, or who is the parent,	1500
guardian, or custodian of a child who is adjudicated a dependent	1501
child and order any person not to have contact with the child or	1502
the child's siblings.	1503

(B) No order for permanent custody or temporary custody of a	1504
child or the placement of a child in a planned permanent living	1505
arrangement shall be made pursuant to this section unless the	1506
complaint alleging the abuse, neglect, or dependency contains a	1507
prayer requesting permanent custody, temporary custody, or the	1508
placement of the child in a planned permanent living arrangement	1509
as desired, the summons served on the parents of the child	1510
contains as is appropriate a full explanation that the granting of	1511
an order for permanent custody permanently divests them of their	1512
parental rights, a full explanation that an adjudication that the	1513
child is an abused, neglected, or dependent child may result in an	1514
order of temporary custody that will cause the removal of the	1515
child from their legal custody until the court terminates the	1516
order of temporary custody or permanently divests the parents of	1517
their parental rights, or a full explanation that the granting of	1518
an order for a planned permanent living arrangement will result in	1519
the removal of the child from their legal custody if any of the	1520
conditions listed in divisions (A)(5)(a) to (c) of this section	1521
are found to exist, and the summons served on the parents contains	1522
a full explanation of their right to be represented by counsel and	1523
to have counsel appointed pursuant to Chapter 120. of the Revised	1524
Code if they are indigent.	1525

If after making disposition as authorized by division (A)(2)	1526
of this section, a motion is filed that requests permanent custody	1527
of the child, the court may grant permanent custody of the child	1528
to the movant in accordance with section 2151.414 of the Revised	1529
Code.	1530

(C) If the court issues an order for protective supervision	1531
pursuant to division (A)(1) of this section, the court may place	1532
any reasonable restrictions upon the child, the child's parents,	1533
guardian, or custodian, or any other person, including, but not	1534
limited to, any of the following:	1535

(1) Order a party, within forty-eight hours after the	1536
issuance of the order, to vacate the child's home indefinitely or	1537
for a specified period of time;	1538

(2) Order a party, a parent of the child, or a physical	1539
custodian of the child to prevent any particular person from	1540
having contact with the child;	1541

(3) Issue an order restraining or otherwise controlling the	1542
conduct of any person which conduct would not be in the best	1543
interest of the child.	1544

(D) As part of its dispositional order, the court shall	1545
journalize a case plan for the child. The journalized case plan	1546
shall not be changed except as provided in section 2151.412 of the	1547
Revised Code.	1548

(E)(1) The court shall retain jurisdiction over any child for	1549
whom the court issues an order of disposition pursuant to division	1550
(A) of this section or pursuant to section 2151.414 or 2151.415 of	1551
the Revised Code until the child attains the age of eighteen years	1552
if the child is not mentally retarded, developmentally disabled,	1553
or physically impaired, the child attains the age of twenty-one	1554
years if the child is mentally retarded, developmentally disabled,	1555
or physically impaired, or the child is adopted and a final decree	1556
of adoption is issued, except that the court may retain	1557
jurisdiction over the child and continue any order of disposition	1558
under division (A) of this section or under section 2151.414 or	1559
2151.415 of the Revised Code for a specified period of time to	1560
enable the child to graduate from high school or vocational	1561
school. The court shall make an entry continuing its jurisdiction	1562
under this division in the journal.	1563

(2) Any public children services agency, any private child	1564
placing agency, the department of job and family services, or any	1565
party, other than any parent whose parental rights with respect to	1566
the child have been terminated pursuant to an order issued under	1567
division (A)(4) of this section, by filing a motion with the	1568
court, may at any time request the court to modify or terminate	1569
any order of disposition issued pursuant to division (A) of this	1570
section or section 2151.414 or 2151.415 of the Revised Code. The	1571
court shall hold a hearing upon the motion as if the hearing were	1572
the original dispositional hearing and shall give all parties to	1573
the action and the guardian ad litem notice of the hearing	1574
pursuant to the Juvenile Rules. If applicable, the court shall	1575
comply with section 2151.42 of the Revised Code.	1576

(F) Any temporary custody order issued pursuant to division	1577
(A) of this section shall terminate one year after the earlier of	1578
the date on which the complaint in the case was filed or the child	1579
was first placed into shelter care, except that, upon the filing	1580
of a motion pursuant to section 2151.415 of the Revised Code, the	1581
temporary custody order shall continue and not terminate until the	1582
court issues a dispositional order under that section.	1583

(G)(1) No later than one year after the earlier of the date	1584
the complaint in the case was filed or the child was first placed	1585
in shelter care, a party may ask the court to extend an order for	1586
protective supervision for six months or to terminate the order. A	1587
party requesting extension or termination of the order shall file	1588
a written request for the extension or termination with the court	1589
and give notice of the proposed extension or termination in	1590
writing before the end of the day after the day of filing it to	1591
all parties and the child's guardian ad litem. If a public	1592
children services agency or private child placing agency requests	1593
termination of the order, the agency shall file a written status	1594
report setting out the facts supporting termination of the order	1595
at the time it files the request with the court. If no party	1596
requests extension or termination of the order, the court shall	1597
notify the parties that the court will extend the order for six	1598
months or terminate it and that it may do so without a hearing	1599
unless one of the parties requests a hearing. All parties and the	1600
guardian ad litem shall have seven days from the date a notice is	1601
sent pursuant to this division to object to and request a hearing	1602
on the proposed extension or termination.	1603

(a) If it receives a timely request for a hearing, the court	1604
shall schedule a hearing to be held no later than thirty days	1605
after the request is received by the court. The court shall give	1606
notice of the date, time, and location of the hearing to all	1607
parties and the guardian ad litem. At the hearing, the court shall	1608
determine whether extension or termination of the order is in the	1609
child's best interest. If termination is in the child's best	1610
interest, the court shall terminate the order. If extension is in	1611
the child's best interest, the court shall extend the order for	1612
six months.	1613

(b) If it does not receive a timely request for a hearing,	1614
the court may extend the order for six months or terminate it	1615
without a hearing and shall journalize the order of extension or	1616
termination not later than fourteen days after receiving the	1617
request for extension or termination or after the date the court	1618
notifies the parties that it will extend or terminate the order.	1619
If the court does not extend or terminate the order, it shall	1620
schedule a hearing to be held no later than thirty days after the	1621
expiration of the applicable fourteen-day time period and give	1622
notice of the date, time, and location of the hearing to all	1623
parties and the child's guardian ad litem. At the hearing, the	1624
court shall determine whether extension or termination of the	1625
order is in the child's best interest. If termination is in the	1626
child's best interest, the court shall terminate the order. If	1627
extension is in the child's best interest, the court shall issue	1628
an order extending the order for protective supervision six	1629
months.	1630

(2) If the court grants an extension of the order for	1631
protective supervision pursuant to division (G)(1) of this	1632
section, a party may, prior to termination of the extension, file	1633
with the court a request for an additional extension of six months	1634
or for termination of the order. The court and the parties shall	1635
comply with division (G)(1) of this section with respect to	1636
extending or terminating the order.	1637

(3) If a court grants an extension pursuant to division	1638
(G)(2) of this section, the court shall terminate the order for	1639
protective supervision at the end of the extension.	1640

(H) The court shall not issue a dispositional order pursuant	1641
to division (A) of this section that removes a child from the	1642
child's home unless the court complies with section 2151.419 of	1643
the Revised Code and includes in the dispositional order the	1644
findings of fact required by that section.	1645

(I) If a motion or application for an order described in	1646
division (A)(6) of this section is made, the court shall not issue	1647
the order unless, prior to the issuance of the order, it provides	1648
to the person all of the following:	1649

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

1650

(2) The grounds for the motion or application;

1651

(3) An opportunity to present evidence and witnesses at a	1652
hearing regarding the motion or application;	1653

(4) An opportunity to be represented by counsel at the	1654
hearing.	1655

(J) The jurisdiction of the court shall terminate one year	1656
after the date of the award or, if the court takes any further	1657
action in the matter subsequent to the award, the date of the	1658
latest further action subsequent to the award, if the court awards	1659
legal custody of a child to either of the following:	1660

(1) A legal custodian who, at the time of the award of legal	1661
custody, resides in a county of this state other than the county	1662
in which the court is located;	1663

(2) A legal custodian who resides in the county in which the	1664
court is located at the time of the award of legal custody, but	1665
moves to a different county of this state prior to one year after	1666
the date of the award or, if the court takes any further action in	1667
the matter subsequent to the award, one year after the date of the	1668
latest further action subsequent to the award.	1669

The court in the county in which the legal custodian resides	1670
then shall have jurisdiction in the matter.	1671

Sec. 2151.416.  (A) Each agency that is required by section	1672
2151.412 of the Revised Code to prepare a case plan for a child	1673
shall complete a semiannual administrative review of the case plan	1674
no later than six months after the earlier of the date on which	1675
the complaint in the case was filed or the child was first placed	1676
in shelter care. After the first administrative review, the agency	1677
shall complete semiannual administrative reviews no later than	1678
every six months. If the court issues an order pursuant to section	1679
2151.414 or 2151.415 of the Revised Code, the agency shall	1680
complete an administrative review no later than six months after	1681
the court's order and continue to complete administrative reviews	1682
no later than every six months after the first review, except that	1683
the court hearing held pursuant to section 2151.417 of the Revised	1684
Code may take the place of any administrative review that would	1685
otherwise be held at the time of the court hearing. When	1686
conducting a review, the child's health and safety shall be the	1687
paramount concern.	1688

(B) Each administrative review required by division (A) of	1689
this section shall be conducted by a review panel of at least	1690
three persons, including, but not limited to, both of the	1691
following:	1692

(1) A caseworker with day-to-day responsibility for, or	1693
familiarity with, the management of the child's case plan;	1694

(2) A person who is not responsible for the management of the	1695
child's case plan or for the delivery of services to the child or	1696
the parents, guardian, or custodian of the child.	1697

(C) Each semiannual administrative review shall include, but	1698
not be limited to, a joint meeting by the review panel with the	1699
parents, guardian, or custodian of the child, the guardian ad	1700
litem of the child, and the child's foster care provider and shall	1701
include an opportunity for those persons to submit any written	1702
materials to be included in the case record of the child. If a	1703
parent, guardian, custodian, guardian ad litem, or foster care	1704
provider of the child cannot be located after reasonable efforts	1705
to do so or declines to participate in the administrative review	1706
after being contacted, the agency does not have to include them in	1707
the joint meeting.	1708

(D) The agency shall prepare a written summary of the	1709
semiannual administrative review that shall include, but not be	1710
limited to, all of the following:	1711

(1) A conclusion regarding the safety and appropriateness of	1712
the child's foster care placement;	1713

(2) The extent of the compliance with the case plan of all	1714
parties;	1715

(3) The extent of progress that has been made toward	1716
alleviating the circumstances that required the agency to assume	1717
temporary custody of the child;	1718

(4) An estimated date by which the child may be returned to	1719
and safely maintained in the child's home or placed for adoption	1720
or legal custody;	1721

(5) An updated case plan that includes any changes that the	1722
agency is proposing in the case plan;	1723

(6) The recommendation of the agency as to which agency or	1724
person should be given custodial rights over the child for the	1725
six-month period after the administrative review;	1726

(7) The names of all persons who participated in the	1727
administrative review.	1728

(E) The agency shall file the summary with the court no later	1729
than seven days after the completion of the administrative review.	1730
If the agency proposes a change to the case plan as a result of	1731
the administrative review, the agency shall file the proposed	1732
change with the court at the time it files the summary. The agency	1733
shall give notice of the summary and proposed change in writing	1734
before the end of the next day after filing them to all parties	1735
and the child's guardian ad litem. All parties and the guardian ad	1736
litem shall have seven days after the date the notice is sent to	1737
object to and request a hearing on the proposed change.	1738

(1) If the court receives a timely request for a hearing, the	1739
court shall schedule a hearing pursuant to section 2151.417 of the	1740
Revised Code to be held not later than thirty days after the court	1741
receives the request. The court shall give notice of the date,	1742
time, and location of the hearing to all parties and the guardian	1743
ad litem. The agency may implement the proposed change after the	1744
hearing, if the court approves it. The agency shall not implement	1745
the proposed change unless it is approved by the court.	1746

(2) If the court does not receive a timely request for a	1747
hearing, the court may approve the proposed change without a	1748
hearing. If the court approves the proposed change without a	1749
hearing, it shall journalize the case plan with the change not	1750
later than fourteen days after the change is filed with the court.	1751
If the court does not approve the proposed change to the case	1752
plan, it shall schedule a review hearing to be held pursuant to	1753
section 2151.417 of the Revised Code no later than thirty days	1754
after the expiration of the fourteen-day time period and give	1755
notice of the date, time, and location of the hearing to all	1756
parties and the guardian ad litem of the child. If, despite the	1757
requirements of this division and division (D) of section 2151.417	1758
of the Revised Code, the court neither approves and journalizes	1759
the proposed change nor conducts a hearing, the agency may	1760
implement the proposed change not earlier than fifteen days after	1761
it is submitted to the court.	1762

(F) The director of job and family services may adopt rules	1763
pursuant to Chapter 119. of the Revised Code for procedures and	1764
standard forms for conducting administrative reviews pursuant to	1765
this section.	1766

(G) The juvenile court that receives the written summary of	1767
the administrative review, upon determining, either from the	1768
written summary, case plan, or otherwise, that the custody or care	1769
arrangement is not in the best interest of the child, may	1770
terminate the custody of an agency and place the child in the	1771
custody of another institution or association certified by the	1772
department of job and family services under section 5103.03 of the	1773
Revised Code.	1774

(H) The department of job and family services shall report	1775
annually to the public and to the general assembly on the results	1776
of the review of case plans of each agency. The annual report	1777
shall include any information that is required by the department,	1778
including, but not limited to, all of the following:	1779

(1) A statistical analysis of the administrative reviews	1780
conducted pursuant to this section and section 2151.417 of the	1781
Revised Code;	1782

(2) The number of children in temporary or permanent custody	1783
for whom an administrative review was conducted, the number of	1784
children whose custody status changed during the period, the	1785
number of children whose residential placement changed during the	1786
period, and the number of residential placement changes for each	1787
child during the period;	1788

(3) An analysis of the utilization of public social services	1789
by agencies and parents or guardians, and the utilization of the	1790
adoption listing service of the department pursuant to section	1791
5103.154 of the Revised Code.	1792

Sec. 2151.421.  (A)(1)(a) No person described in division	1793
(A)(1)(b) of this section who is acting in an official or	1794
professional capacity and knows or suspects that a child under	1795
eighteen years of age or a mentally retarded, developmentally	1796
disabled, or physically impaired child under twenty-one years of	1797
age has suffered or faces a threat of suffering any physical or	1798
mental wound, injury, disability, or condition of a nature that	1799
reasonably indicates abuse or neglect of the child, shall fail to	1800
immediately report that knowledge or suspicion to the entity or	1801
persons specified in this division. Except as provided in section	1802
5120.173 of the Revised Code, the person making the report shall	1803
make it to the public children services agency or a municipal or	1804
county peace officer in the county in which the child resides or	1805
in which the abuse or neglect is occurring or has occurred. In the	1806
circumstances described in section 5120.173 of the Revised Code,	1807
the person making the report shall make it to the entity specified	1808
in that section.	1809

(b) Division (A)(1)(a) of this section applies to any person	1810
who is an attorney; physician, including a hospital intern or	1811
resident; dentist; podiatrist; practitioner of a limited branch of	1812
medicine as specified in section 4731.15 of the Revised Code;	1813
registered nurse; licensed practical nurse; visiting nurse; other	1814
health care professional; licensed psychologist; licensed school	1815
psychologist; independent marriage and family therapist or	1816
marriage and family therapist; speech pathologist or audiologist;	1817
coroner; administrator or employee of a child day-care center;	1818
administrator or employee of a residential camp or child day camp;	1819
administrator or employee of a certified child care agency or	1820
other public or private children services agency; school teacher;	1821
school employee; school authority; person engaged in social work	1822
or the practice of professional counseling; agent of a county	1823
humane society; person rendering spiritual treatment through	1824
prayer in accordance with the tenets of a well-recognized	1825
religion; superintendent, board member, or employee of a county	1826
board of mental retardation; investigative agent contracted with	1827
by a county board of mental retardation; or employee of the	1828
department of mental retardation and developmental disabilities.	1829

(2) An attorney or a physician is not required to make a	1830
report pursuant to division (A)(1) of this section concerning any	1831
communication the attorney or physician receives from a client or	1832
patient in an attorney-client or physician-patient relationship,	1833
if, in accordance with division (A) or (B) of section 2317.02 of	1834
the Revised Code, the attorney or physician could not testify with	1835
respect to that communication in a civil or criminal proceeding,	1836
except that the client or patient is deemed to have waived any	1837
testimonial privilege under division (A) or (B) of section 2317.02	1838
of the Revised Code with respect to that communication and the	1839
attorney or physician shall make a report pursuant to division	1840
(A)(1) of this section with respect to that communication, if all	1841
of the following apply:	1842

(a) The client or patient, at the time of the communication,	1843
is either a child under eighteen years of age or a mentally	1844
retarded, developmentally disabled, or physically impaired person	1845
under twenty-one years of age.	1846

(b) The attorney or physician knows or suspects, as a result	1847
of the communication or any observations made during that	1848
communication, that the client or patient has suffered or faces a	1849
threat of suffering any physical or mental wound, injury,	1850
disability, or condition of a nature that reasonably indicates	1851
abuse or neglect of the client or patient.	1852

(c) The attorney-client or physician-patient relationship	1853
does not arise out of the client's or patient's attempt to have an	1854
abortion without the notification of her parents, guardian, or	1855
custodian in accordance with section 2151.85 of the Revised Code.	1856

(B) Anyone, who knows or suspects that a child under eighteen	1857
years of age or a mentally retarded, developmentally disabled, or	1858
physically impaired person under twenty-one years of age has	1859
suffered or faces a threat of suffering any physical or mental	1860
wound, injury, disability, or other condition of a nature that	1861
reasonably indicates abuse or neglect of the child may report or	1862
cause reports to be made of that knowledge or suspicion to the	1863
entity or persons specified in this division. Except as provided	1864
in section 5120.173 of the Revised Code, a person making a report	1865
or causing a report to be made under this division shall make it	1866
or cause it to be made to the public children services agency or	1867
to a municipal or county peace officer. In the circumstances	1868
described in section 5120.173 of the Revised Code, a person making	1869
a report or causing a report to be made under this division shall	1870
make it or cause it to be made to the entity specified in that	1871
section.	1872

(C) Any report made pursuant to division (A) or (B) of this	1873
section shall be made forthwith either by telephone or in person	1874
and shall be followed by a written report, if requested by the	1875
receiving agency or officer. The written report shall contain:	1876

(1) The names and addresses of the child and the child's	1877
parents or the person or persons having custody of the child, if	1878
known;	1879

(2) The child's age and the nature and extent of the child's	1880
known or suspected injuries, abuse, or neglect or of the known or	1881
suspected threat of injury, abuse, or neglect, including any	1882
evidence of previous injuries, abuse, or neglect;	1883

(3) Any other information that might be helpful in	1884
establishing the cause of the known or suspected injury, abuse, or	1885
neglect or of the known or suspected threat of injury, abuse, or	1886
neglect.	1887

Any person, who is required by division (A) of this section	1888
to report known or suspected child abuse or child neglect, may	1889
take or cause to be taken color photographs of areas of trauma	1890
visible on a child and, if medically indicated, cause to be	1891
performed radiological examinations of the child.	1892

(D) As used in this division, "children's advocacy center"	1893
and "sexual abuse of a child" have the same meanings as in section	1894
2151.425 of the Revised Code.	1895

(1) When a municipal or county peace officer receives a	1896
report concerning the possible abuse or neglect of a child or the	1897
possible threat of abuse or neglect of a child, upon receipt of	1898
the report, the municipal or county peace officer who receives the	1899
report shall refer the report to the appropriate public children	1900
services agency.	1901

(2) When a public children services agency receives a report	1902
pursuant to this division or division (A) or (B) of this section,	1903
upon receipt of the report, the public children services agency	1904
shall do both of the following:	1905

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

1906

(b) If the county served by the agency is also served by a	1907
children's advocacy center and the report alleges sexual abuse of	1908
a child or another type of abuse of a child that is specified in	1909
the memorandum of understanding that creates the center as being	1910
within the center's jurisdiction, comply regarding the report with	1911
the protocol and procedures for referrals and investigations, with	1912
the coordinating activities, and with the authority or	1913
responsibility for performing or providing functions, activities,	1914
and services stipulated in the interagency agreement entered into	1915
under section 2151.428 of the Revised Code relative to that	1916
center.	1917

(E) No township, municipal, or county peace officer shall	1918
remove a child about whom a report is made pursuant to this	1919
section from the child's parents, stepparents, or guardian or any	1920
other persons having custody of the child without consultation	1921
with the public children services agency, unless, in the judgment	1922
of the officer, and, if the report was made by physician, the	1923
physician, immediate removal is considered essential to protect	1924
the child from further abuse or neglect. The agency that must be	1925
consulted shall be the agency conducting the investigation of the	1926
report as determined pursuant to section 2151.422 of the Revised	1927
Code.	1928

(F)(1) Except as provided in section 2151.422 of the Revised	1929
Code or in an interagency agreement entered into under section	1930
2151.428 of the Revised Code that applies to the particular	1931
report, the public children services agency shall investigate,	1932
within twenty-four hours, each report of known or suspected child	1933
abuse or child neglect and of a known or suspected threat of child	1934
abuse or child neglect that is referred to it under this section	1935
to determine the circumstances surrounding the injuries, abuse, or	1936
neglect or the threat of injury, abuse, or neglect, the cause of	1937
the injuries, abuse, neglect, or threat, and the person or persons	1938
responsible. The investigation shall be made in cooperation with	1939
the law enforcement agency and in accordance with the memorandum	1940
of understanding prepared under division (J) of this section. A	1941
representative of the public children services agency shall, at	1942
the time of initial contact with the person subject to the	1943
investigation, inform the person of the specific complaints or	1944
allegations made against the person. The information shall be	1945
given in a manner that is consistent with division (H)(1) of this	1946
section and protects the rights of the person making the report	1947
under this section.	1948

A failure to make the investigation in accordance with the	1949
memorandum is not grounds for, and shall not result in, the	1950
dismissal of any charges or complaint arising from the report or	1951
the suppression of any evidence obtained as a result of the report	1952
and does not give, and shall not be construed as giving, any	1953
rights or any grounds for appeal or post-conviction relief to any	1954
person. The public children services agency shall report each case	1955
to a central registry or uniform statewide automated child welfare	1956
information system which the department of job and family services	1957
shall maintain in order to determine whether prior reports have	1958
been made in other counties concerning the child or other	1959
principals in the caseaccordance with section 5101.13 of the	1960
Revised Code. The public children services agency shall submit a	1961
report of its investigation, in writing, to the law enforcement	1962
agency.	1963

(2) The public children services agency shall make any	1964
recommendations to the county prosecuting attorney or city	1965
director of law that it considers necessary to protect any	1966
children that are brought to its attention.	1967

(G)(1)(a) Except as provided in division (H)(3) of this	1968
section, anyone or any hospital, institution, school, health	1969
department, or agency participating in the making of reports under	1970
division (A) of this section, anyone or any hospital, institution,	1971
school, health department, or agency participating in good faith	1972
in the making of reports under division (B) of this section, and	1973
anyone participating in good faith in a judicial proceeding	1974
resulting from the reports, shall be immune from any civil or	1975
criminal liability for injury, death, or loss to person or	1976
property that otherwise might be incurred or imposed as a result	1977
of the making of the reports or the participation in the judicial	1978
proceeding.	1979

(b) Notwithstanding section 4731.22 of the Revised Code, the	1980
physician-patient privilege shall not be a ground for excluding	1981
evidence regarding a child's injuries, abuse, or neglect, or the	1982
cause of the injuries, abuse, or neglect in any judicial	1983
proceeding resulting from a report submitted pursuant to this	1984
section.	1985

(2) In any civil or criminal action or proceeding in which it	1986
is alleged and proved that participation in the making of a report	1987
under this section was not in good faith or participation in a	1988
judicial proceeding resulting from a report made under this	1989
section was not in good faith, the court shall award the	1990
prevailing party reasonable attorney's fees and costs and, if a	1991
civil action or proceeding is voluntarily dismissed, may award	1992
reasonable attorney's fees and costs to the party against whom the	1993
civil action or proceeding is brought.	1994

(H)(1) Except as provided in divisions (H)(4) and (M) of this	1995
section, a report made under this section is confidential. The	1996
information provided in a report made pursuant to this section and	1997
the name of the person who made the report shall not be released	1998
for use, and shall not be used, as evidence in any civil action or	1999
proceeding brought against the person who made the report. In a	2000
criminal proceeding, the report is admissible in evidence in	2001
accordance with the Rules of Evidence and is subject to discovery	2002
in accordance with the Rules of Criminal Procedure.	2003

(2) No person shall permit or encourage the unauthorized	2004
dissemination of the contents of any report made under this	2005
section.	2006

(3) A person who knowingly makes or causes another person to	2007
make a false report under division (B) of this section that	2008
alleges that any person has committed an act or omission that	2009
resulted in a child being an abused child or a neglected child is	2010
guilty of a violation of section 2921.14 of the Revised Code.	2011

(4) If a report is made pursuant to division (A) or (B) of	2012
this section and the child who is the subject of the report dies	2013
for any reason at any time after the report is made, but before	2014
the child attains eighteen years of age, the public children	2015
services agency or municipal or county peace officer to which the	2016
report was made or referred, on the request of the child fatality	2017
review board, shall submit a summary sheet of information	2018
providing a summary of the report to the review board of the	2019
county in which the deceased child resided at the time of death.	2020
On the request of the review board, the agency or peace officer	2021
may, at its discretion, make the report available to the review	2022
board. If the county served by the public children services agency	2023
is also served by a children's advocacy center and the report of	2024
alleged sexual abuse of a child or another type of abuse of a	2025
child is specified in the memorandum of understanding that creates	2026
the center as being within the center's jurisdiction, the agency	2027
or center shall perform the duties and functions specified in this	2028
division in accordance with the interagency agreement entered into	2029
under section 2151.428 of the Revised Code relative to that	2030
advocacy center.	2031

(5) A public children services agency shall advise a person	2032
alleged to have inflicted abuse or neglect on a child who is the	2033
subject of a report made pursuant to this section, including a	2034
report alleging sexual abuse of a child or another type of abuse	2035
of a child referred to a children's advocacy center pursuant to an	2036
interagency agreement entered into under section 2151.428 of the	2037
Revised Code, in writing of the disposition of the investigation.	2038
The agency shall not provide to the person any information that	2039
identifies the person who made the report, statements of	2040
witnesses, or police or other investigative reports.	2041

(I) Any report that is required by this section, other than a	2042
report that is made to the state highway patrol as described in	2043
section 5120.173 of the Revised Code, shall result in protective	2044
services and emergency supportive services being made available by	2045
the public children services agency on behalf of the children	2046
about whom the report is made, in an effort to prevent further	2047
neglect or abuse, to enhance their welfare, and, whenever	2048
possible, to preserve the family unit intact. The agency required	2049
to provide the services shall be the agency conducting the	2050
investigation of the report pursuant to section 2151.422 of the	2051
Revised Code.	2052

(J)(1) Each public children services agency shall prepare a	2053
memorandum of understanding that is signed by all of the	2054
following:	2055

(a) If there is only one juvenile judge in the county, the	2056
juvenile judge of the county or the juvenile judge's	2057
representative;	2058

(b) If there is more than one juvenile judge in the county, a	2059
juvenile judge or the juvenile judges' representative selected by	2060
the juvenile judges or, if they are unable to do so for any	2061
reason, the juvenile judge who is senior in point of service or	2062
the senior juvenile judge's representative;	2063

(c) The county peace officer;

2064

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

2065

(e) Other law enforcement officers handling child abuse and	2066
neglect cases in the county;	2067

(f) The prosecuting attorney of the county;

2068

(g) If the public children services agency is not the county	2069
department of job and family services, the county department of	2070
job and family services;	2071

(h) The county humane society;

2072

(i) If the public children services agency participated in	2073
the execution of a memorandum of understanding under section	2074
2151.426 of the Revised Code establishing a children's advocacy	2075
center, each participating member of the children's advocacy	2076
center established by the memorandum.	2077

(2) A memorandum of understanding shall set forth the normal	2078
operating procedure to be employed by all concerned officials in	2079
the execution of their respective responsibilities under this	2080
section and division (C) of section 2919.21, division (B)(1) of	2081
section 2919.22, division (B) of section 2919.23, and section	2082
2919.24 of the Revised Code and shall have as two of its primary	2083
goals the elimination of all unnecessary interviews of children	2084
who are the subject of reports made pursuant to division (A) or	2085
(B) of this section and, when feasible, providing for only one	2086
interview of a child who is the subject of any report made	2087
pursuant to division (A) or (B) of this section. A failure to	2088
follow the procedure set forth in the memorandum by the concerned	2089
officials is not grounds for, and shall not result in, the	2090
dismissal of any charges or complaint arising from any reported	2091
case of abuse or neglect or the suppression of any evidence	2092
obtained as a result of any reported child abuse or child neglect	2093
and does not give, and shall not be construed as giving, any	2094
rights or any grounds for appeal or post-conviction relief to any	2095
person.	2096

(3) A memorandum of understanding shall include all of the	2097
following:	2098

(a) The roles and responsibilities for handling emergency and	2099
nonemergency cases of abuse and neglect;	2100

(b) Standards and procedures to be used in handling and	2101
coordinating investigations of reported cases of child abuse and	2102
reported cases of child neglect, methods to be used in	2103
interviewing the child who is the subject of the report and who	2104
allegedly was abused or neglected, and standards and procedures	2105
addressing the categories of persons who may interview the child	2106
who is the subject of the report and who allegedly was abused or	2107
neglected.	2108

(4) If a public children services agency participated in the	2109
execution of a memorandum of understanding under section 2151.426	2110
of the Revised Code establishing a children's advocacy center, the	2111
agency shall incorporate the contents of that memorandum in the	2112
memorandum prepared pursuant to this section.	2113

(K)(1) Except as provided in division (K)(4) of this section,	2114
a person who is required to make a report pursuant to division (A)	2115
of this section may make a reasonable number of requests of the	2116
public children services agency that receives or is referred the	2117
report, or of the children's advocacy center that is referred the	2118
report if the report is referred to a children's advocacy center	2119
pursuant to an interagency agreement entered into under section	2120
2151.428 of the Revised Code, to be provided with the following	2121
information:	2122

(a) Whether the agency or center has initiated an	2123
investigation of the report;	2124

(b) Whether the agency or center is continuing to investigate	2125
the report;	2126

(c) Whether the agency or center is otherwise involved with	2127
the child who is the subject of the report;	2128

(d) The general status of the health and safety of the child	2129
who is the subject of the report;	2130

(e) Whether the report has resulted in the filing of a	2131
complaint in juvenile court or of criminal charges in another	2132
court.	2133

(2) A person may request the information specified in	2134
division (K)(1) of this section only if, at the time the report is	2135
made, the person's name, address, and telephone number are	2136
provided to the person who receives the report.	2137

When a municipal or county peace officer or employee of a	2138
public children services agency receives a report pursuant to	2139
division (A) or (B) of this section the recipient of the report	2140
shall inform the person of the right to request the information	2141
described in division (K)(1) of this section. The recipient of the	2142
report shall include in the initial child abuse or child neglect	2143
report that the person making the report was so informed and, if	2144
provided at the time of the making of the report, shall include	2145
the person's name, address, and telephone number in the report.	2146

Each request is subject to verification of the identity of	2147
the person making the report. If that person's identity is	2148
verified, the agency shall provide the person with the information	2149
described in division (K)(1) of this section a reasonable number	2150
of times, except that the agency shall not disclose any	2151
confidential information regarding the child who is the subject of	2152
the report other than the information described in those	2153
divisions.	2154

(3) A request made pursuant to division (K)(1) of this	2155
section is not a substitute for any report required to be made	2156
pursuant to division (A) of this section.	2157

(4) If an agency other than the agency that received or was	2158
referred the report is conducting the investigation of the report	2159
pursuant to section 2151.422 of the Revised Code, the agency	2160
conducting the investigation shall comply with the requirements of	2161
division (K) of this section.	2162

(L) The director of job and family services shall adopt rules	2163
in accordance with Chapter 119. of the Revised Code to implement	2164
this section. The department of job and family services may enter	2165
into a plan of cooperation with any other governmental entity to	2166
aid in ensuring that children are protected from abuse and	2167
neglect. The department shall make recommendations to the attorney	2168
general that the department determines are necessary to protect	2169
children from child abuse and child neglect.	2170

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

2171

(a) "Out-of-home care" includes a nonchartered nonpublic	2172
school if the alleged child abuse or child neglect, or alleged	2173
threat of child abuse or child neglect, described in a report	2174
received by a public children services agency allegedly occurred	2175
in or involved the nonchartered nonpublic school and the alleged	2176
perpetrator named in the report holds a certificate, permit, or	2177
license issued by the state board of education under section	2178
3301.071 or Chapter 3319. of the Revised Code.	2179

(b) "Administrator, director, or other chief administrative	2180
officer" means the superintendent of the school district if the	2181
out-of-home care entity subject to a report made pursuant to this	2182
section is a school operated by the district.	2183

(2) No later than the end of the day following the day on	2184
which a public children services agency receives a report of	2185
alleged child abuse or child neglect, or a report of an alleged	2186
threat of child abuse or child neglect, that allegedly occurred in	2187
or involved an out-of-home care entity, the agency shall provide	2188
written notice of the allegations contained in and the person	2189
named as the alleged perpetrator in the report to the	2190
administrator, director, or other chief administrative officer of	2191
the out-of-home care entity that is the subject of the report	2192
unless the administrator, director, or other chief administrative	2193
officer is named as an alleged perpetrator in the report. If the	2194
administrator, director, or other chief administrative officer of	2195
an out-of-home care entity is named as an alleged perpetrator in a	2196
report of alleged child abuse or child neglect, or a report of an	2197
alleged threat of child abuse or child neglect, that allegedly	2198
occurred in or involved the out-of-home care entity, the agency	2199
shall provide the written notice to the owner or governing board	2200
of the out-of-home care entity that is the subject of the report.	2201
The agency shall not provide witness statements or police or other	2202
investigative reports.	2203

(3) No later than three days after the day on which a public	2204
children services agency that conducted the investigation as	2205
determined pursuant to section 2151.422 of the Revised Code makes	2206
a disposition of an investigation involving a report of alleged	2207
child abuse or child neglect, or a report of an alleged threat of	2208
child abuse or child neglect, that allegedly occurred in or	2209
involved an out-of-home care entity, the agency shall send written	2210
notice of the disposition of the investigation to the	2211
administrator, director, or other chief administrative officer and	2212
the owner or governing board of the out-of-home care entity. The	2213
agency shall not provide witness statements or police or other	2214
investigative reports.	2215

Sec. 2151.423.  A public children services agency shall	2216
disclose confidential information discovered during an	2217
investigation conducted pursuant to section 2151.421 or 2151.422	2218
of the Revised Code to any federal, state, or local government	2219
entity that needs the information to carry out its	2220
responsibilities to protect children from abuse or neglect.	2221

Information disclosed pursuant to this section is	2222
confidential and is not subject to disclosure pursuant to section	2223
149.43 or 1347.08 of the Revised Code by the agency to whom the	2224
information was disclosed. The agency receiving the information	2225
shall maintain the confidentiality of information disclosed	2226
pursuant to this section.	2227

Sec. 3107.014.  (A) Except as provided in division (B) of	2228
this section, only an individual who meets all of the following	2229
requirements may perform the duties of an assessor under sections	2230
3107.031, 3107.082, 3107.09, 3107.12, 5103.0324, and 5103.152 of	2231
the Revised Code:	2232

(1) The individual must be in the employ of, appointed by, or	2233
under contract with a court, public children services agency,	2234
private child placing agency, or private noncustodial agency;	2235

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

2236

(a) A professional counselor or social worker licensed under	2237
Chapter 4757. of the Revised Code;	2238

(b) A psychologist licensed under Chapter 4732. of the	2239
Revised Code;	2240

(c) A student working to earn a four-year, post-secondary	2241
degree in a social or behavior science, or both, who conducts	2242
assessor's duties under the supervision of a professional	2243
counselor or, social worker, or marriage and family therapist	2244
licensed under Chapter 4757. of the Revised Code or a psychologist	2245
licensed under Chapter 4732. of the Revised Code;. Beginning July	2246
1, 2009, a student is eligible under this division only if the	2247
supervising professional counselor, social worker, marriage and	2248
family therapist, or psychologist has completed training in	2249
accordance with rules adopted under section 3107.015 of the	2250
Revised Code.	2251

(d) A civil service employee engaging in social work without	2252
a license under Chapter 4757. of the Revised Code, as permitted by	2253
division (A)(5) of section 4757.41 of the Revised Code;	2254

(e) A former employee of a public children services agency	2255
who, while so employed, conducted the duties of an assessor.	2256

(3) The individual must complete education programstraining	2257
in accordance with rules adopted under section 3107.015 of the	2258
Revised Code.	2259

(B) An individual in the employ of, appointed by, or under	2260
contract with a court prior to September 18, 1996, to conduct	2261
adoption investigations of prospective adoptive parents may	2262
perform the duties of an assessor under sections 3107.031,	2263
3107.082, 3107.09, 3107.12, 5103.0324, and 5103.152 of the Revised	2264
Code if the individual complies with division (A)(3) of this	2265
section regardless of whether the individual meets the requirement	2266
of division (A)(2) of this section.	2267

(C) A court, public children services agency, private child	2268
placing agency, or private noncustodial agency may employ,	2269
appoint, or contract with an assessor in the county in which a	2270
petition for adoption is filed and in any other county or location	2271
outside this state where information needed to complete or	2272
supplement the assessor's duties may be obtained. More than one	2273
assessor may be utilized for an adoption.	2274

Sec. 3107.015. Not later than ninety days after June 20,	2275
1996, theThe director of job and family services shall adopt	2276
rules in accordance with Chapter 119. of the Revised Code	2277
governing the education programstraining an individual must	2278
complete for the purpose of division (A)(3) of section 3107.014 of	2279
the Revised Code. The education programstraining shall include	2280
courses on adoption placement practice, federal and state adoption	2281
assistance programs, and post adoption support services.	2282

Sec. 3107.016.  The department of job and family services	2283
shall develop a schedule of education programstraining that meet	2284
meets the requirements established in rules adopted pursuant to	2285
section 3107.015 of the Revised Code. The schedule shall include	2286
enough programstraining to provide all agencies equal access to	2287
the programstraining. The department shall distribute the	2288
schedule to all agencies.	2289

Sec. 3107.031.  Except as otherwise provided in this section,	2290
an assessor shall conduct a home study for the purpose of	2291
ascertaining whether a person seeking to adopt a minor is suitable	2292
to adopt. The person seeking to adopt a minor shall complete	2293
training specified in rules adopted under section 3107.032 of the	2294
Revised Code as part of the home study. A written report of the	2295
home study shall be filed with the court at least ten days before	2296
the petition for adoption is heard.	2297

The report shall contain the opinion of the assessor as to	2298
whether the person who is the subject of the report is suitable to	2299
adopt a minor and. The report shall also contain other information	2300
and documents specified in rules adopted by the director of job	2301
and family services under section 3107.032 of the Revised Code,	2302
including documents showing that the person who is the subject of	2303
the report has completed training specified in the rules. The	2304
assessor shall not consider the person's age when determining	2305
whether the person is suitable to adopt if the person is old	2306
enough to adopt as provided by section 3107.03 of the Revised	2307
Code.	2308

An assessor may request departments or agencies within or	2309
outside this state to assist in the home study as may be	2310
appropriate and to make a written report to be included with and	2311
attached to the report to the court. The assessor shall make	2312
similar home studies and reports on behalf of other assessors	2313
designated by the courts of this state or another place.	2314

Upon order of the court, the costs of the home study and	2315
other proceedings shall be paid by the person seeking to adopt,	2316
and, if the home study is conducted by a public agency or public	2317
employee, the part of the cost representing any services and	2318
expenses shall be taxed as costs and paid into the state treasury	2319
or county treasury, as the court may direct.	2320

On request, the assessor shall provide the person seeking to	2321
adopt a copy of the report of the home study. The assessor shall	2322
delete from that copy any provisions concerning the opinion of	2323
other persons, excluding the assessor, of the person's suitability	2324
to adopt a minor.	2325

This section does not apply to a foster caregiver seeking to	2326
adopt the foster caregiver's foster child if the foster child has	2327
resided in the foster caregiver's home for at least twelve months	2328
prior to the date the foster caregiver submits an application	2329
prescribed under division (B) of section 3107.012 of the Revised	2330
Code to the agency arranging the adoption.	2331

Sec. 3107.032. Not later than ninety days after June 20,	2332
1996, theThe director of job and family services shall adopt	2333
rules in accordance with Chapter 119. of the Revised Code	2334
specifying theall of the following:	2335

(A) The manner in which a home study is to be conducted and	2336
the;	2337

(B) Training that a person seeking to adopt a minor must	2338
complete as part of the home study;	2339

(C) The information and documents to be included in a home	2340
study report, including documents showing completion of the	2341
training specified in division (B) of this section.	2342

Sec. 3109.16.  The children's trust fund board, upon the	2343
recommendation of the director of job and family services, shall	2344
approve the employment of an executive director who will	2345
administer the programs of the board. The department of job and	2346
family services shall provide budgetary, procurement, accounting,	2347
and other related management functions for the board and may adopt	2348
rules in accordance with Chapter 119. of the Revised Code for	2349
these purposes. An amount not to exceed three per cent of the	2350
total amount of fees deposited in the children's trust fund in	2351
each fiscal year may be used for costs directly related to these	2352
administrative functions of the department. Each fiscal year, the	2353
board shall approve a budget for administrative expenditures for	2354
the next fiscal year.	2355

The board shall meet at least quarterly at the call of the	2356
chairperson to conduct its official business. All business	2357
transactions of the board shall be conducted in public meetings.	2358
Eight members of the board constitute a quorum. A majority of the	2359
board members is required to adopt the state plan for the	2360
allocation of funds from the children's trust fund. A majority of	2361
the quorum is required to make all other decisions of the board.	2362

The board may apply for and accept federal and other funds	2363
for the purpose of funding child abuse and child neglect	2364
prevention programs. In addition, the board may accept gifts and	2365
donations from any source, including individuals, philanthropic	2366
foundations or organizations, corporations, or corporation	2367
endowments. The acceptance and use of federal funds shall not	2368
entail any commitment or pledge of state funds, nor obligate the	2369
general assembly to continue the programs or activities for which	2370
the federal funds are made available. All funds received in the	2371
manner described in this section shall be transmitted to the	2372
treasurer of state, who shall credit them to the children's trust	2373
fund created in section 3109.14 of the Revised Code.	2374

Sec. 3109.17.  (A) For each fiscal biennium, the children's	2375
trust fund board shall establish a biennial state plan for	2376
comprehensive child abuse and child neglect prevention. The plan	2377
shall be transmitted to the governor, the president and minority	2378
leader of the senate, and the speaker and minority leader of the	2379
house of representatives and shall be made available to the	2380
general public. The board may define in the state plan the term	2381
"effective public notice." If the board does not define that term	2382
in the state plan, the board shall include in the state plan the	2383
definition of "effective public notice" specified in rules adopted	2384
by the department of job and family services.	2385

(B) In developing and carrying out the state plan, the	2386
children's trust fund board shall, in accordance with rules	2387
adopted by the department pursuant to Chapter 119. of the Revised	2388
Code, do all of the following:	2389

(1) Ensure that an opportunity exists for assistance through	2390
child abuse and child neglect prevention programs to persons	2391
throughout the state of various social and economic backgrounds;	2392

(2) Before the thirtieth day of October of each year, notify	2393
each child abuse and child neglect prevention advisory board of	2394
the amount estimated to be allocated to that advisory board for	2395
the following fiscal year;	2396

(3) Develop criteria for county or district local allocation	2397
plans, including criteria for determining the plans'	2398
effectiveness;	2399

(4) Review, and approve or disapprove, county or district	2400
local allocation plans, as described in section 3109.171 of the	2401
Revised Code;	2402

(5) Allocate funds to each child abuse and child neglect	2403
prevention advisory board for the purpose of funding child abuse	2404
and child neglect prevention programs. Funds shall be allocated	2405
among advisory boards according to a formula based on the ratio of	2406
the number of children under age eighteen in the county or	2407
multicounty district to the number of children under age eighteen	2408
in the state, as shown in the most recent federal decennial census	2409
of population. Subject to the availability of funds and except as	2410
provided in section 3109.171 of the Revised Code, each advisory	2411
board shall receive a minimum of ten thousand dollars per fiscal	2412
year. In the case of an advisory board that serves a multicounty	2413
district, the advisory board shall receive, subject to available	2414
funds and except as provided in section 3109.171 of the Revised	2415
Code, a minimum of ten thousand dollars per fiscal year for each	2416
county in the district. Funds shall be disbursed to the advisory	2417
boards twice annually. At least fifty per cent of the funds	2418
allocated to an advisory board for a fiscal year shall be	2419
disbursed to the advisory board not later than the thirtieth day	2420
of September. The remainder of the funds allocated to the advisory	2421
board for that fiscal year shall be disbursed before the	2422
thirty-first day of March.	2423

The board shall specify the criteria child abuse and child	2424
neglect prevention advisory boards are to use in reviewing	2425
applications under division (F)(3) of section 3109.18 of the	2426
Revised Code.	2427

(6) Allocate funds to entities other than child abuse and	2428
child neglect prevention advisory boards for the purpose of	2429
funding child abuse and child neglect prevention programs that	2430
have statewide significance and that have been approved by the	2431
children's trust fund board;	2432

(7) Provide for the monitoring of expenditures from the	2433
children's trust fund and of programs that receive money from the	2434
children's trust fund;	2435

(8) Establish reporting requirements for advisory boards;

2436

(9) Collaborate with appropriate persons and government	2437
entities and facilitate the exchange of information among those	2438
persons and entities for the purpose of child abuse and child	2439
neglect prevention;	2440

(10) Provide for the education of the public and	2441
professionals for the purpose of child abuse and child neglect	2442
prevention;	2443

(11) Create and provide to each advisory board a children's	2444
trust fund grant application form;	2445

(12) Specify the information to be included in a semi-annual	2446
semiannual and an annual report completed by a children's advocacy	2447
center for which a child abuse and child neglect prevention	2448
advisory board uses funds allocated to the advisory board under	2449
section 3109.172 of the Revised Code, and each other person or	2450
entity that is a recipient of a children's trust fund grant under	2451
division (K)(1) of section 3109.18 of the Revised Code.	2452

(C) The children's trust fund board shall prepare a report	2453
for each fiscal biennium that delineates the expenditure of money	2454
from the children's trust fund. On or before January 1, 2002, and	2455
on or before the first day of January of a year that follows the	2456
end of a fiscal biennium of this state, the board shall file a	2457
copy of the report with the governor, the president and minority	2458
leader of the senate, and the speaker and minority leader of the	2459
house of representatives.	2460

(D) The children's trust fund board shall develop a list of	2461
all state and federal sources of funding that might be available	2462
for establishing, operating, or establishing and operating a	2463
children's advocacy center under sections 2151.425 to 2151.428 of	2464
the Revised Code. The board periodically shall update the list as	2465
necessary. The board shall maintain, or provide for the	2466
maintenance of, the list at an appropriate location. That location	2467
may be the offices of the department of job and family services.	2468
The board shall provide the list upon request to any children's	2469
advocacy center or to any person or entity identified in section	2470
2151.426 of the Revised Code as a person or entity that may	2471
participate in the establishment of a children's advocacy center.	2472

Sec. 5101.13. (A) The department of job and family services	2473
shall maintain a central registry of cases that public children	2474
services agencies investigate pursuant to division (F)(1) of	2475
section 2151.421 of the Revised Code. The department shall use the	2476
central registry to determine whether prior reports of cases have	2477
been made in other counties concerning the child or other	2478
principals in a particular case.	2479

(B) Not later than January 1, 2009, the department of job and	2480
family services shall replace the central registry with a uniform	2481
statewide automated child welfare information system that the	2482
department shall establish and maintain in accordance with the	2483
requirements of 42 U.S.C.A. 674(a)(3)(C) and related federal	2484
regulations and guidelines. The information system may contain	2485
records regarding any of the following:	2486

(1) Investigations of families, children, and foster homes;

2487

(2) Care and treatment provided to children;

2488

(3) Any other information related to families and children	2489
that state or federal law requires the department or a public	2490
children services agency to maintain.	2491

(C) The department shall plan implementation of the	2492
information system on a county by county basis and shall finalize	2493
statewide implementation not later than January 1, 2008.	2494

(D) The department shall promptly notify all county	2495
departments of job and family services of the initiation of	2496
implementation and the statewide finalization of the statewide	2497
information system established under division (A) of this section.	2498

Sec. 5101.131.  Except as provided in section 5101.132 of the	2499
Revised Code, information contained in or obtained from the	2500
information system established and maintained under section	2501
5101.13 of the Revised Code is confidential and is not subject to	2502
disclosure pursuant to section 149.43 or 1347.08 of the Revised	2503
Code.	2504

Sec. 5101.132.  Information contained in the information	2505
system established and maintained under section 5101.13 of the	2506
Revised Code may be accessed only as follows:	2507

(A) The department of job and family services and a public	2508
children services agency may access the information when either of	2509
the following is the case:	2510

(1) The access is directly connected with assessment,	2511
investigation, or services regarding a child or family;	2512

(2) The access is permitted by state or federal law.

2513

(B) A person may access the information in a manner, to the	2514
extent, and for the purposes authorized by rules adopted by the	2515
department.	2516

Sec. 5101.133.  No person shall access or use information	2517
contained in the information system established and maintained	2518
under section 5101.13 of the Revised Code other than in accordance	2519
with section 5101.132 of the Revised Code or rules authorized by	2520
that section.	2521

No person shall disclose information obtained from the	2522
information system established and maintained under section	2523
5101.13 of the Revised Code in a manner not specified by rules	2524
authorized by section 5101.134 of the Revised Code.	2525

Sec. 5101.134. (A)(1) The department of job and family	2526
services may adopt rules in accordance with section 111.15 of the	2527
Revised Code, as if they were internal management rules, as	2528
necessary to carry out the purposes of sections 5101.13 to	2529
5101.133 of the Revised Code.	2530

(2) The department may adopt rules in accordance with Chapter	2531
119. of the Revised Code as necessary to carry out the purposes of	2532
division (B) of section 5101.132 of the Revised Code.	2533

(B) Public children services agencies shall implement and use	2534
the information system established pursuant to section 5101.13 of	2535
the Revised Code in accordance with rules adopted by the	2536
department.	2537

Sec. 5101.141.  (A) As used in sections 5101.141 to 5101.1410	2538
of the Revised Code, "Title IV-E" means Title IV-E of the "Social	2539
Security Act," 94 Stat. 501, 42 U.S.C. 670 (1980), as amended.	2540

(B) The department of job and family services shall act as	2541
the single state agency to administer federal payments for foster	2542
care and adoption assistance made pursuant to Title IV-E. The	2543
director of job and family services shall adopt rules to implement	2544
this authority. Rules governing financial and administrative	2545
requirements applicable to public children services agencies and	2546
government entities that provide Title IV-E reimbursable placement	2547
services to children shall be adopted in accordance with section	2548
111.15 of the Revised Code, as if they were internal management	2549
rules. Rules governing requirements applicable to private child	2550
placing agencies and private noncustodial agencies and rules	2551
establishing eligibility, program participation, and other	2552
requirements concerning Title IV-E shall be adopted in accordance	2553
with Chapter 119. of the Revised Code. A public children services	2554
agency to which the department distributes Title IV-E funds shall	2555
administer the funds in accordance with those rules.	2556

(C)(1) The county, on behalf of each child eligible for	2557
foster care maintenance payments under Title IV-E, shall make	2558
payments to cover the cost of providing all of the following:	2559

(a) The child's food, clothing, shelter, daily supervision,	2560
and school supplies;	2561

(b) The child's personal incidentals;

2562

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

2563

(2) In addition to payments made under division (C)(1) of	2564
this section, the county may, on behalf of each child eligible for	2565
foster care maintenance payments under Title IV-E, make payments	2566
to cover the cost of providing the following:	2567

(a) Liability insurance with respect to the child;

2568

(b) If the county is participating in the demonstration	2569
project established under division (A) of section 5101.142 of the	2570
Revised Code, services provided under the project.	2571

(3) With respect to a child who is in a child-care	2572
institution, including any type of group home designed for the	2573
care of children or any privately operated program consisting of	2574
two or more certified foster homes operated by a common	2575
administrative unit, the foster care maintenance payments made by	2576
the county on behalf of the child shall include the reasonable	2577
cost of the administration and operation of the institution, group	2578
home, or program, as necessary to provide the items described in	2579
divisions (C)(1) and (2) of this section.	2580

(D) To the extent that either foster care maintenance	2581
payments under division (C) of this section or Title IV-E adoption	2582
assistance payments for maintenance costs require the expenditure	2583
of county funds, the board of county commissioners shall report	2584
the nature and amount of each expenditure of county funds to the	2585
department.	2586

(E) The department shall distribute to public children	2587
services agencies that incur and report such expenditures federal	2588
financial participation received for administrative and training	2589
costs incurred in the operation of foster care maintenance and	2590
adoption assistance programs. The department may withhold not more	2591
than three per cent of the federal financial participation	2592
received. The funds withheld may be used only to fund the Ohio	2593
child welfare training program established under section 5153.60	2594
5103.30 of the Revised Code and the university partnership program	2595
for college and university students majoring in social work who	2596
have committed to work for a public children services agency upon	2597
graduation. The funds withheld shall be in addition to any	2598
administration and training cost for which the department is	2599
reimbursed through its own cost allocation plan.	2600

(F) All federal financial participation funds received by a	2601
county pursuant to this section shall be deposited into the	2602
county's children services fund created pursuant to section	2603
5101.144 of the Revised Code.	2604

(G) The department shall periodically publish and distribute	2605
the maximum amounts that the department will reimburse public	2606
children services agencies for making payments on behalf of	2607
children eligible for foster care maintenance payments.	2608

(H) The department, by and through its director, is hereby	2609
authorized to develop, participate in the development of,	2610
negotiate, and enter into one or more interstate compacts on	2611
behalf of this state with agencies of any other states, for the	2612
provision of medical assistance and other social services to	2613
children in relation to whom all of the following apply:	2614

(1) They have special needs.

2615

(2) This state or another state that is a party to the	2616
interstate compact is providing adoption assistance on their	2617
behalf.	2618

(3) They move into this state from another state or move out	2619
of this state to another state.	2620

Sec. 5101.29.  When contained in a record held by the	2621
department of job and family services or a county agency, the	2622
following are not public records for purposes of section 149.43 of	2623
the Revised Code:	2624

(A) Names and other identifying information regarding	2625
children enrolled in or attending a child day-care center or home	2626
subject to licensure, certification, or registration under Chapter	2627
5104. of the Revised Code;	2628

(B) Names and other identifying information regarding	2629
children placed with an institution or association certified under	2630
section 5103.03 of the Revised Code;	2631

(C) Names and other identifying information regarding a	2632
person who makes an oral or written complaint regarding aan	2633
institution, association, child day-care center, or home subject	2634
to licensure, certification, or registration to the department or	2635
other state or county entity responsible for enforcing Chapter	2636
5103. or 5104. of the Revised Code.	2637

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

2638

(1) "Agency" means the following entities that administer a	2639
family services program:	2640

(a) The department of job and family services;

2641

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

2642

(c) A public children services agency;

2643

(d) A private or government entity administering, in whole or	2644
in part, a family services program for or on behalf of the	2645
department of job and family services or a county department of	2646
job and family services or public children services agency.	2647

(2) "Appellant" means an applicant, participant, former	2648
participant, recipient, or former recipient of a family services	2649
program who is entitled by federal or state law to a hearing	2650
regarding a decision or order of the agency that administers the	2651
program.	2652

(3) "Family services program" means assistance provided under	2653
a Title IV-A program as defined in section 5101.80 of the Revised	2654
Code or under Chapter 5104., 5111., or 5115. or section 173.35,	2655
5101.141, 5101.46, 5101.461, 5101.54, 5153.163, or 5153.165 of the	2656
Revised Code, other than assistance provided under section 5101.46	2657
of the Revised Code by the department of mental health, the	2658
department of mental retardation and developmental disabilities, a	2659
board of alcohol, drug addiction, and mental health services, or a	2660
county board of mental retardation and developmental disabilities.	2661

(B) Except as provided by divisions (G) and (H) of this	2662
section, an appellant who appeals under federal or state law a	2663
decision or order of an agency administering a family services	2664
program shall, at the appellant's request, be granted a state	2665
hearing by the department of job and family services. This state	2666
hearing shall be conducted in accordance with rules adopted under	2667
this section. The state hearing shall be tape-recordedrecorded,	2668
but neither the recording nor a transcript of the recording shall	2669
be part of the official record of the proceeding. A state hearing	2670
decision is binding upon the agency and department, unless it is	2671
reversed or modified on appeal to the director of job and family	2672
services or a court of common pleas.	2673

(C) Except as provided by division (G) of this section, an	2674
appellant who disagrees with a state hearing decision may make an	2675
administrative appeal to the director of job and family services	2676
in accordance with rules adopted under this section. This	2677
administrative appeal does not require a hearing, but the director	2678
or the director's designee shall review the state hearing decision	2679
and previous administrative action and may affirm, modify, remand,	2680
or reverse the state hearing decision. Any person designated to	2681
make an administrative appeal decision on behalf of the director	2682
shall have been admitted to the practice of law in this state. An	2683
administrative appeal decision is the final decision of the	2684
department and is binding upon the department and agency, unless	2685
it is reversed or modified on appeal to the court of common pleas.	2686

(D) An agency shall comply with a decision issued pursuant to	2687
division (B) or (C) of this section within the time limits	2688
established by rules adopted under this section. If a county	2689
department of job and family services or a public children	2690
services agency fails to comply within these time limits, the	2691
department may take action pursuant to section 5101.24 of the	2692
Revised Code. If another agency fails to comply within the time	2693
limits, the department may force compliance by withholding funds	2694
due the agency or imposing another sanction established by rules	2695
adopted under this section.	2696

(E) An appellant who disagrees with an administrative appeal	2697
decision of the director of job and family services or the	2698
director's designee issued under division (C) of this section may	2699
appeal from the decision to the court of common pleas pursuant to	2700
section 119.12 of the Revised Code. The appeal shall be governed	2701
by section 119.12 of the Revised Code except that:	2702

(1) The person may appeal to the court of common pleas of the	2703
county in which the person resides, or to the court of common	2704
pleas of Franklin county if the person does not reside in this	2705
state.	2706

(2) The person may apply to the court for designation as an	2707
indigent and, if the court grants this application, the appellant	2708
shall not be required to furnish the costs of the appeal.	2709

(3) The appellant shall mail the notice of appeal to the	2710
department of job and family services and file notice of appeal	2711
with the court within thirty days after the department mails the	2712
administrative appeal decision to the appellant. For good cause	2713
shown, the court may extend the time for mailing and filing notice	2714
of appeal, but such time shall not exceed six months from the date	2715
the department mails the administrative appeal decision. Filing	2716
notice of appeal with the court shall be the only act necessary to	2717
vest jurisdiction in the court.	2718

(4) The department shall be required to file a transcript of	2719
the testimony of the state hearing with the court only if the	2720
court orders the department to file the transcript. The court	2721
shall make such an order only if it finds that the department and	2722
the appellant are unable to stipulate to the facts of the case and	2723
that the transcript is essential to a determination of the appeal.	2724
The department shall file the transcript not later than thirty	2725
days after the day such an order is issued.	2726

(F) The department of job and family services shall adopt	2727
rules in accordance with Chapter 119. of the Revised Code to	2728
implement this section, including rules governing the following:	2729

(1) State hearings under division (B) of this section. The	2730
rules shall include provisions regarding notice of eligibility	2731
termination and the opportunity of an appellant appealing a	2732
decision or order of a county department of job and family	2733
services to request a county conference with the county department	2734
before the state hearing is held.	2735

(2) Administrative appeals under division (C) of this	2736
section;	2737

(3) Time limits for complying with a decision issued under	2738
division (B) or (C) of this section;	2739

(4) Sanctions that may be applied against an agency under	2740
division (D) of this section.	2741

(G) The department of job and family services may adopt rules	2742
in accordance with Chapter 119. of the Revised Code establishing	2743
an appeals process for an appellant who appeals a decision or	2744
order regarding a Title IV-A program identified under division	2745
(A)(4)(c), (d), (e), or (f) of section 5101.80 of the Revised Code	2746
that is different from the appeals process established by this	2747
section. The different appeals process may include having a state	2748
agency that administers the Title IV-A program pursuant to an	2749
interagency agreement entered into under section 5101.801 of the	2750
Revised Code administer the appeals process.	2751

(H) If an appellant receiving medicaid through a health	2752
insuring corporation that holds a certificate of authority under	2753
Chapter 1751. of the Revised Code is appealing a denial of	2754
medicaid services based on lack of medical necessity or other	2755
clinical issues regarding coverage by the health insuring	2756
corporation, the person hearing the appeal may order an	2757
independent medical review if that person determines that a review	2758
is necessary. The review shall be performed by a health care	2759
professional with appropriate clinical expertise in treating the	2760
recipient's condition or disease. The department shall pay the	2761
costs associated with the review.	2762

A review ordered under this division shall be part of the	2763
record of the hearing and shall be given appropriate evidentiary	2764
consideration by the person hearing the appeal.	2765

(I) The requirements of Chapter 119. of the Revised Code	2766
apply to a state hearing or administrative appeal under this	2767
section only to the extent, if any, specifically provided by rules	2768
adopted under this section.	2769

Sec. 5101.72.  The department of job and family services, to	2770
the extent of available funds, may reimburse county departments of	2771
job and family services for all or part of the costs they incur in	2772
implementing sections 5101.60 to 5101.71 of the Revised Code. The	2773
director of job and family services shall adopt, and may amend or	2774
rescind,internal management rules underin accordance with	2775
section 111.15 of the Revised Code that provide for reimbursement	2776
of county departments of job and family services under this	2777
section.	2778

The director shall adopt internal management rules in	2779
accordance with section 111.15 of the Revised Code that do both of	2780
the following:	2781

(A) Implement sections 5101.60 to 5101.71 of the Revised	2782
Code;	2783

(B) Require the county departments to collect and submit to	2784
the department, or ensure that a designated agency collects and	2785
submits to the department, data concerning the implementation of	2786
sections 5101.60 to 5101.71 of the Revised Code.	2787

Sec. 5101.99.  (A) Whoever violates division (A) or (B) of	2788
section 5101.61 of the Revised Code shall be fined not more than	2789
five hundred dollars.	2790

(B) Whoever violates division (A) of section 5101.27 of the	2791
Revised Code is guilty of a misdemeanor of the first degree.	2792

(C) Whoever violates section 5101.133 of the Revised Code is	2793
guilty of a misdemeanor of the fourth degree.	2794

Sec. 5103.031.  Except as provided in section 5103.033 of the	2795
Revised Code, the department of job and family services may not	2796
issue a certificate under section 5103.03 of the Revised Code to a	2797
foster home unless the prospective foster caregiver successfully	2798
completes the following amount of preplacement training through a	2799
preplacement training program operatedapproved by the department	2800
of job and family services under section 5103.0345103.038 of the	2801
Revised Code or 5153.60preplacement training provided under	2802
division (C) of section 5103.30 of the Revised Code:	2803

(A) If the foster home is a family foster home, at least	2804
twenty-four hours;	2805

(B) If the foster home is a specialized foster home, at least	2806
thirty-six hours.	2807

Sec. 5103.033. (A) The department of job and family services	2808
may issue or renew a certificate under section 5103.03 of the	2809
Revised Code to a foster home for the care of a child who is in	2810
the custody of a public children services agency or private child	2811
placing agency pursuant to an agreement entered into under section	2812
5103.15 of the Revised Code regarding a child who was less than	2813
six months of age on the date the agreement was executed if the	2814
prospective foster caregiver or foster caregiver successfully	2815
completes the following amount of training:	2816

(1) For an initial certificate, at least twelve hours of	2817
preplacement training through a preplacement training program	2818
operatedapproved by the department of job and family services	2819
under section 5103.0345103.038 of the Revised Code or 5153.60	2820
preplacement training provided under division (C) of section	2821
5103.30 of the Revised Code;	2822

(2) For renewal of a certificate, at least twenty-four hours	2823
of continuing training in the preceding two-year period in	2824
accordance with the foster caregiver's needs assessment and	2825
continuing training plan developed and implemented under section	2826
5103.035 of the Revised Code.	2827

(B) A foster caregiver to whom either division (B)(1) or (2)	2828
of this section applies shall be given an additional amount of	2829
time within which to complete the continuing training required	2830
under division (A)(2) of this section in accordance with rules	2831
adopted by the department of job and family services:	2832

(1) The foster caregiver has served in active duty outside	2833
this state with a branch of the armed forces of the United States	2834
for more than thirty days in the preceding two-year period.	2835

(2) The foster caregiver has served in active duty as a	2836
member of the Ohio organized militia, as defined in section	2837
5923.01 of the Revised Code, for more than thirty days in the	2838
preceding two-year period and that active duty relates to either	2839
an emergency in or outside of this state or to military duty in or	2840
outside of this state.	2841

Sec. 5103.034. (A) A privatePrivate child placing agency or	2842
agencies and private noncustodial agencyagencies operating a	2843
preplacement training program or continuing training program	2844
approved by the department of job and family services under	2845
section 5103.038 of the Revised Code or the Ohio child welfare	2846
training program operating a preplacement training program or	2847
continuing training program pursuant to section 5153.60 of the	2848
Revised Code shall make the program available to a prospective	2849
foster caregiver or foster caregivers. The agency or program shall	2850
make the programs availablecaregiver without regard to the type	2851
of recommending agency from which athe prospective foster	2852
caregiver or foster caregiver seeks a recommendation.	2853

(B) A private child placing agency or private noncustodial	2854
agency operating a preplacement training program or continuing	2855
training program approved by the department of job and family	2856
services under section 5103.038 of the Revised Code may condition	2857
the enrollment of a prospective foster caregiver or foster	2858
caregiver in athe program on either or both of the following:	2859

(1) Availability of space in the training program;

2860

(2) If applicable, paymentPayment of an instruction or	2861
registration fee, if any, by the prospective foster caregiver or	2862
foster caregiver's recommending agency.	2863

(C) The Ohio child welfare training program operating a	2864
preplacement training program or continuing training program	2865
pursuant to section 5153.60 of the Revised Code may condition the	2866
enrollment in a preplacement training program or continuing	2867
training program of a foster caregiver whose recommending agency	2868
is a private child placing agency or private noncustodial agency	2869
on either or both of the following:	2870

(1) Availability of space in the training program;

2871

(2) Assignment to the program by the foster caregiver's	2872
recommending agency of the allowance payable under section	2873
5103.0313 of the Revised Code.	2874

(D) A private child placing agency or private noncustodial	2875
agency may contract with an individual or a public or private	2876
entity to administeroperating a preplacement training program or	2877
continuing training program operated by the agency and approved by	2878
the department of job and family services under section 5103.038	2879
of the Revised Code may contract with a person or governmental	2880
entity to administer the program.	2881

Sec. 5103.035.  A public children services agency, private	2882
child placing agency, or private noncustodial agency acting as a	2883
recommending agency for a foster caregiver holding a certificate	2884
issued under section 5103.03 of the Revised Code shall develop and	2885
implement a written needs assessment and continuing training plan	2886
for the foster caregiver. Each needs assessment and continuing	2887
training plan shall satisfy all of the following requirements:	2888

(A) Be effective for the two-year period the foster	2889
caregiver's certificate is in effect;	2890

(B) Be appropriate for the type of foster home the foster	2891
caregiver operates;	2892

(C) Require the foster caregiver to successfully complete the	2893
training required by the department in rules adopted pursuant to	2894
section 5103.0316 of the Revised Code and any other courses the	2895
agency considers appropriate;	2896

(D) Include criteria the agency is to use to determine	2897
whether the foster caregiver has successfully completed the	2898
courses;	2899

(E) Guarantee that the courses the foster caregiver is	2900
required to complete are available to the foster caregiver at	2901
reasonable times and places;	2902

(F) Specify whetherthe number of hours of continuing	2903
training, if any, the agency will waive any of the hours of	2904
continuing training the foster caregiver is required bypursuant	2905
to division (B) of section 5103.032 of the Revised Code to	2906
complete if the foster caregiver satisfies the conditions for the	2907
agency to issue a waiver. If the agency will issue a waiver, the	2908
agency shall state in the needs assessment and continuing training	2909
plan the number of hours of continuing training, not to exceed	2910
eight, that the agency will waive.	2911

Sec. 5103.036. (A) For the purpose of determining whether a	2912
prospective foster caregiver or foster caregiver has satisfied the	2913
requirement of section 5103.031 or 5103.032 of the Revised Code, a	2914
recommending agency shall accept training obtained from aeither	2915
of the following:	2916

(1) Any preplacement training program or continuing training	2917
program operatedapproved by the department of job and family	2918
services under section 5103.034 or 5153.605103.038 of the Revised	2919
Code;	2920

(2) The Ohio child welfare training program pursuant to	2921
divisions (C) and (D) of section 5103.30 of the Revised Code	2922
regardless of whether the program is operated by the recommending	2923
agency. The	2924

(B) A recommending agency may require that thea prospective	2925
foster caregiver or foster caregiver successfully complete	2926
additional training as a condition of the agency recommending that	2927
the department of job and family services certify or recertify the	2928
prospective foster caregiver or foster caregiver's foster home	2929
under section 5103.03 of the Revised Code.	2930

Sec. 5103.038.  (A) Every other year by a date specified in	2931
rules adopted under section 5103.0316 of the Revised Code, each	2932
private child placing agency and private noncustodial agency that	2933
seeks to operate a preplacement training program or continuing	2934
training program under section 5103.034 of the Revised Code shall	2935
submit to the department of job and family services a proposal	2936
outlining the program. The proposal may be the same as, a	2937
modification of, or different from, a model design developed under	2938
section 5103.037 of the Revised Codeby the department.	2939

(B) Not later than thirty days after receiving a proposal	2940
under division (A) of this section, the department shall either	2941
approve or disapprove the proposed program. The department shall	2942
approve a proposed preplacement training program if it complies	2943
with section 5103.039 or 5103.0311 of the Revised Code, as	2944
appropriate, and, in the case of a proposal submitted by an agency	2945
operating a preplacement training program at the time the proposal	2946
is submitted, the department is satisfied with the agency's	2947
operation of the program. The department shall approve a proposed	2948
continuing training program if it complies with rules adopted	2949
pursuant to division (C) of section 5103.0316 of the Revised Code	2950
and, in the case of a proposal submitted by an agency operating a	2951
continuing training program at the time the proposal is submitted,	2952
the department is satisfied with the agency's operation of the	2953
program. If the department disapproves a proposal, it shall	2954
provide the reason for disapproval to the agency that submitted	2955
the proposal and advise the agency of how to revise the proposal	2956
so that the department can approve it.	2957

(C) The department's approval under division (B) of this	2958
section of a proposed preplacement training program or continuing	2959
training program is valid only for two years following the year	2960
the proposal for the program is submitted to the department under	2961
division (A) of this section.	2962

Sec. 5103.039.  Except for preplacement training programs	2963
described in section 5103.0311 of the Revised Code, a preplacement	2964
training program shall consist of courses in the role of foster	2965
caregivers as a part of the care and treatment of foster children.	2966
A prospective foster caregiver shall complete all of the courses,	2967
which shall address all of the following:	2968

(A) The legal rights and responsibilities of foster	2969
caregivers;	2970

(B) Public children services agencies, private child placing	2971
agencies, and private noncustodial agencies' policies and	2972
procedures regarding foster caregivers;	2973

(C) The department of job and family services' requirements	2974
for certifying foster homes;	2975

(D) The effects placement, separation, and attachment issues	2976
have on children, their families, and foster caregivers;	2977

(E) Foster caregivers' involvement in permanency planning for	2978
children and their families;	2979

(F) The effects of physical abuse, sexual abuse, emotional	2980
abuse, neglect, and substance abuse on normal human growth and	2981
development;	2982

(G) Behavior management techniques;

2983

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

2984

(I) Cultural issues in placement;

2985

(J) Prevention, recognition, and management of communicable	2986
diseases;	2987

(K) Community health and social services available to	2988
children and their families;	2989

(L) The substance of section 2152.72 of the Revised Code. A	2990
course addressing section 2152.72 of the Revised Code shall be not	2991
less than one hour long.	2992

(M) In the case of a preplacement training program for a	2993
prospective foster caregiver seeking certification for a	2994
specialized foster home, additional issues specific to the types	2995
of children placed in specialized foster homes, including	2996
cardiopulmonary resuscitation and first aid, appropriate	2997
behavioral intervention techniques, such as de-escalation,	2998
self-defense, and physical restraint techniques and the	2999
appropriate use of such techniques.	3000

Sec. 5103.0311.  (A) A preplacement training program for	3001
prospective foster caregivers described in section 5103.033 of the	3002
Revised Code shall consist of courses that address all of the	3003
following:	3004

(1) The legal rights and responsibilities of foster	3005
caregivers;	3006

(2) The policies and procedures of public children services	3007
agencies, private child placing agencies, and private noncustodial	3008
agencies regarding foster caregivers;	3009

(3) The department of job and family services' requirements	3010
for certifying foster homes;	3011

(4) Infant care;

3012

(5) Early childhood development.

3013

(B) A continuing training program for foster caregivers	3014
described in section 5103.033 of the Revised Code shall meet the	3015
requirements of rules adopted pursuant to section 5103.0316 of the	3016
Revised Code.	3017

Sec. 5103.0312.  A public children services agency, private	3018
child placing agency, or private noncustodial agency acting as a	3019
recommending agency for a foster caregivers who hold certificates	3020
issued under section 5103.03 of the Revised Codecaregiver shall	3021
pay thosethe foster caregiverscaregiver a stipend to reimburse	3022
themthe foster caregiver for attending a preplacement training	3023
program or continuing training program operated under section	3024
5103.034 or 5153.605103.30 of the Revised Code. The payment shall	3025
be based on a stipend rate established by the department of job	3026
and family services. The stipend rate shall be the same regardless	3027
of the type of recommending agency from which athe foster	3028
caregiver seeks a recommendation. The department shall, pursuant	3029
to rules adopted under section 5103.0316 of the Revised Code,	3030
reimburse the recommending agency for stipend payments it makes in	3031
accordance with this section. No payment shall be made to an	3032
individual for attending a preplacement training program if the	3033
individual fails to obtain a foster home certificate under section	3034
5103.03 of the Revised Code.	3035

Sec. 5103.0313. TheExcept as provided in section 5103.303	3036
of the Revised Code, the department of job and family services	3037
shall compensate a private child placing agency or private	3038
noncustodial agency for the cost of procuring or operating	3039
preplacement and continuing training programs approved by the	3040
department of job and family services under section 5103.034	3041
5103.038 of the Revised Code for prospective foster caregivers and	3042
foster caregivers who are recommended for initial certification or	3043
recertification by the agency.	3044

The compensation shall be paid to the agency in the form of	3045
an allowance for each hour of preplacement and continuing training	3046
provided or received.	3047

Sec. 5103.0315.  The department of job and family services	3048
shall seek federal financial participation for the cost of making	3049
payments under section 5103.0312 of the Revised Code and	3050
allowances under sectionsections 5103.0313 and 5103.303 of the	3051
Revised Code. The department shall notify the governor, president	3052
of the senate, minority leader of the senate, speaker of the house	3053
of representatives, and minority leader of the house of	3054
representatives of any proposed federal legislation that endangers	3055
the federal financial participation.	3056

Sec. 5103.07.  The department of job and family services	3057
shall administer funds received under Title IV-B of the "Social	3058
Security Act," 4981 Stat. 620821 (19351967), 42 U.S.C.A. 620,	3059
as amended, and the "Child Abuse Prevention and Treatment Act," 88	3060
Stat. 4 (1974), 42 U.S.C.A. 5101, as amended. In administering	3061
these funds, the department may establish a child welfare services	3062
program and a child abuse and neglect prevention and adoption	3063
reform program. The department has all powers necessary for the	3064
adequate administration of these funds and programs. The director	3065
of job and family services may adopt internal management rules in	3066
accordance with section 111.15 of the Revised Code as necessary to	3067
carry out the purposes of this section.	3068

Sec. 5103.12.  (A) As used in this section:

3069

(1) "Hearing" has the same meaning as in section 119.01 of	3070
the Revised Code.	3071

(2) "Permanent, "permanent custody" has the same meaning as	3072
in section 2151.011 of the Revised Code.	3073

(B) The department of job and family services may enter into	3074
agreements with public children services agencies and private	3075
child placing agencies under which the department will make	3076
payments to encourage the adoptive placement of children in the	3077
permanent custody of a public children services agency. If the	3078
department terminates, or refuses to enter into or renew, an	3079
agreement with a public children services agency or private child	3080
placing agency under this section, the agency is entitled to a	3081
hearing.	3082

Notwithstanding section 127.16 of the Revised Code, the	3083
department is not required to follow competitive selection	3084
procedures or to receive the approval of the controlling board to	3085
enter into agreements under this section or to make payments	3086
pursuant to the agreements.	3087

(C) The director of job and family services shall adopt rules	3088
in accordance with Chapter 119. of the Revised Code to implement	3089
this section, including rules that establish all of the following:	3090

(1) A single, uniform agreement that, at a minimum,	3091
prescribes a payment schedule and the terms and conditions with	3092
which a public children services agency or private child placing	3093
agency must comply to receive a payment;	3094

(2) Eligibility requirements a public children services	3095
agency or private child placing agency must meet to enter into an	3096
agreement with the department;	3097

(3) Eligibility requirements that a child who is the subject	3098
of an agreement must meet;	3099

(4) Other administrative and operational requirements.

3100

Sec. 5153.60.        Sec. 5103.30. (A) The Ohio child welfare training	3101
program is hereby established in the department of job and family	3102
services shall establishas a statewide program that provides. The	3103
program shall provide all of the following:	3104

(1)(A) The training that section 3107.014 of the Revised Code	3105
requires an assessor to complete;	3106

(B) The training that section 3107.031 of the Revised Code	3107
requires a person utilizing a public children services agency to	3108
arrange the adoption of a minor to complete as part of a home	3109
study;	3110

(C) The preplacement training that sections 5103.031 and	3111
5103.033 of the Revised Code require a prospective foster	3112
caregiver to complete;	3113

(D) The continuing training that sections 5103.032 and	3114
5103.033 of the Revised Code require a foster caregiver to	3115
complete;	3116

(E) The training that section 5153.122 of the Revised Code	3117
requires public children services agency caseworkers and	3118
supervisorsa PCSA caseworker to complete;	3119

(2) The preplacement and continuing training described in	3120
sections 5103.034, 5103.039, and 5103.0311 of the Revised Code	3121
that foster caregivers are required by sections 5103.031,	3122
5103.032, and 5103.033 of the Revised Code to obtain;	3123

(3) The education programs for adoption assessors required by	3124
section 3107.014 of the Revised Code(F) The training that section	3125
5153.123 of the Revised Code requires a PCSA caseworker supervisor	3126
to complete.	3127

(B) The program established pursuant to division (A) of this	3128
section shall be called the "Ohio child welfare training program."	3129

Sec. 5103.301.  The Ohio child welfare training program shall	3130
make its preplacement and continuing training provided under	3131
divisions (C) and (D) of section 5103.30 of the Revised Code	3132
available to a prospective foster caregiver or foster caregiver	3133
without regard to the type of recommending agency from which the	3134
prospective foster caregiver or foster caregiver seeks a	3135
recommendation.	3136

Sec. 5103.302.  The Ohio child welfare training program may	3137
condition a prospective foster caregiver or foster caregiver's	3138
enrollment in its preplacement and continuing training provided	3139
under divisions (C) and (D) of section 5103.30 of the Revised Code	3140
on the availability of space in the training if the prospective	3141
foster caregiver or foster caregiver's recommending agency is a	3142
private child placing agency or private noncustodial agency.	3143

Sec. 5103.303.  When the Ohio child welfare training program	3144
provides preplacement or continuing training to a prospective	3145
foster caregiver or foster caregiver whose recommending agency is	3146
a private child placing agency or private noncustodial agency, the	3147
department of job and family services shall not pay the Ohio child	3148
welfare training program the allowance the department would	3149
otherwise pay to the private child placing agency or private	3150
noncustodial agency under section 5103.0313 of the Revised Code	3151
for the training.	3152

Sec. 5103.31.  Training provided under section 5103.30 of the	3153
Revised Code shall provide the knowledge, skill, and ability	3154
needed to do the jobs that the training is for. The Ohio child	3155
welfare training program coordinator shall identify the	3156
competencies needed to do the jobs that the training is for so	3157
that the training helps the development of those competencies. In	3158
addition, the training shall do all of the following:	3159

(A) In the case of the training provided under division (A)	3160
of section 5103.30 of the Revised Code, comply with the rules	3161
adopted under section 3107.015 of the Revised Code;	3162

(B) In the case of the training provided under division (B)	3163
of section 5103.30 of the Revised Code, comply with rules adopted	3164
under division (B) of section 3107.032 of the Revised Code;	3165

(C) In the case of the preplacement training provided under	3166
division (C) of section 5103.30 of the Revised Code, comply with	3167
section 5103.039 of the Revised Code and division (A) of section	3168
5103.0311 of the Revised Code;	3169

(D) In the case of the continuing training provided under	3170
division (D) of section 5103.30 of the Revised Code, comply with	3171
rules adopted under division (C) of section 5103.0316 of the	3172
Revised Code;	3173

(E) In the case of the training provided under divisions (E)	3174
and (F) of section 5103.30 of the Revised Code, comply with rules	3175
adopted under section 5153.124 of the Revised Code.	3176

Sec. 5153.78.        Sec. 5103.32.  (A) As used in this section:

3177

(1) "Title IV-B" means Title IV-B of the "Social Security Act	3178
of 1967," 81 Stat. 821, 42 U.S.C. 620, as amended.	3179

(2) "Title IV-E" means Title IV-E of the "Social Security	3180
Act," 94 Stat. 501, 42 U.S.C. 670(1980).	3181

(3) "Title XX" has the same meaning as in section 5101.46 of	3182
the Revised Code.	3183

(B) For purposes of adequately funding the Ohio child welfare	3184
training program, the department of job and family services may	3185
use any of the following:	3186

(1) The federal financial participation funds withheld	3187
pursuant to division (E) of section 5101.141 of the Revised Code	3188
in an amount determined by the department;	3189

(2) Funds available under Title XX, Title IV-B, and Title	3190
IV-E to pay for training costs;	3191

(3) Other available state or federal funds;

3192

(4) Funds that a person, including a foundation, makes	3193
available for the program.	3194

Sec. 5103.33.  The director of job and family services shall	3195
adopt rules under Chapter 119. of the Revised Code as necessary to	3196
implement the Ohio child welfare training program.	3197

Sec. 5103.34.  The department of job and family services	3198
shall monitor and evaluate the Ohio child welfare training program	3199
to ensure that the program satisfies all of the requirements	3200
established by law enacted by the general assembly regarding the	3201
program and rules adopted under section 5103.33 of the Revised	3202
Code. As part of the monitoring and evaluation, the department	3203
shall ensure that the training provided under section 5103.30 of	3204
the Revised Code meets all of the requirements of section 5103.31	3205
of the Revised Code, including the requirement that the training	3206
be competency based.	3207

Sec. 5153.61.        Sec. 5103.35.  Each fiscal biennium, the department	3208
of job and family services shall contract with an entity to serve	3209
as the training coordinator for the Ohio child welfare training	3210
program coordinator. The training coordinator shall develop,	3211
implement, and manage the training program. The department shall	3212
select the entity with which to contract from the candidates	3213
selected pursuant toentities that submit a proposal that meets,	3214
as determined under section 5103.362 of the Revised Code, the	3215
requirements of the request for proposals issued under section	3216
5153.635103.36 of the Revised Code. AThe department may contract	3217
with the entity the department contracted with the previous fiscal	3218
biennium even though no request for proposals is issued if, as	3219
specified in section 5103.361 of the Revised Code, a request for	3220
proposals is not required for the upcoming fiscal biennium.	3221

A contract entered into under this section shall be effective	3222
on the first day of the fiscal biennium for which it is entered	3223
into and terminate on the last day of that fiscal biennium. The	3224
contract shall require the coordinator to perform the duties	3225
specified in section 5103.37 of the Revised Code.	3226

Sec. 5153.62.        Sec. 5103.36. Before the beginning of each fiscal	3227
biennium, theThe department of job and family services shall	3228
develop and issue or cause to be issued a request for proposals	3229
for the development, implementation, and management, as training	3230
coordinator, ofan entity to serve as the Ohio child welfare	3231
training program during the bienniumcoordinator. The department	3232
shall develop the request for proposals in consultation with	3233
individuals designatedsolicited under section 5153.645103.365 of	3234
the Revised Code. The request for proposals shall explain the	3235
types of duties of the coordinator.	3236

Sec. 5103.361.  (A) Except as provided in division (B) of	3237
this section, the request for proposals required by section	3238
5103.36 of the Revised Code shall be developed and issued before	3239
the beginning of each fiscal biennium.	3240

(B) The department is not required to develop and issue or	3241
cause to be issued the request for proposals before the beginning	3242
of a fiscal biennium if both of the following are the case:	3243

(1) The department developed and issued or caused to be	3244
issued such a request for proposals before at least one of the	3245
three previous fiscal biennia;	3246

(2) The department and entity under contract to serve as the	3247
Ohio child welfare training program coordinator contract for that	3248
entity to continue serving as the coordinator for the upcoming	3249
fiscal biennium.	3250

Sec. 5153.63.        Sec. 5103.362. Before the beginning of each fiscal	3251
biennium,After considering recommendations from the individuals	3252
designatedsolicited under section 5153.645103.363 of the Revised	3253
Code, the department of job and family services shall review all	3254
responses to thedetermine which of the proposals received in	3255
response to a request for proposals issued under section 5153.62	3256
5103.36 of the Revised Code for the biennium and recommend to the	3257
department of job and family services those entities that meet the	3258
requirements of the request.	3259

Sec. 5153.64.        Sec. 5103.363.  The director of job and family	3260
services shall selectsolicit representatives from all of the	3261
following organizations to perform the consultation and	3262
recommendation duties under sections 5153.625103.36 and 5153.63	3263
5103.362 of the Revised Code:	3264

(A) Regional training centers established under section	3265
5153.725103.42 of the Revised Code;	3266

(B) Staff of public children services agencies;

3267

(C) Staff of the state department of job and family services;

3268

(D) A statewide organization that represents the interests of	3269
public children services agencies.	3270

Sec. 5153.65.        Sec. 5103.37.  The entity contracted with to serve as	3271
the training coordinator for the Ohio child welfare training	3272
program coordinator shall do all the following as part of its	3273
duties underpursuant to the contract entered into under section	3274
5103.35 of the Revised Code:	3275

(A) AdministerManage, coordinate, and evaluate all of the	3276
program's training program activities under the programprovided	3277
under section 5103.30 of the Revised Code;	3278

(B) Develop training curriculum, resources, and products for	3279
the training;	3280

(C) Provide fiscal management and technical assistance to	3281
regional training centers established under section 5153.72	3282
5103.42 of the Revised Code;	3283

(D) Cooperate with the regional training centers to schedule	3284
training sessions for the training, provide notices of the	3285
training sessions, and provide training materials for the	3286
sessions;	3287

(E) Employ and compensate training session instructors for	3288
the training;	3289

(F) Create individual training needs assessment forms	3290
assessments for use pursuant to sections 5153.755153.125 and	3291
5153.765153.126 of the Revised Code;	3292

(G) Provide staff for the Ohio child welfare training program	3293
steering committee established under section 5103.39 of the	3294
Revised Code;	3295

(H) Conduct any other activities necessary for the	3296
development, implementation, and management of the training	3297
program as specified in the contract.	3298

Sec. 5153.70.        Sec. 5103.38.  The department of job and family	3299
services shall oversee the operation of the entity contracted with	3300
under section 5153.61 of the Revised Code regarding theOhio child	3301
welfare training program coordinator's development,	3302
implementation, and management of the Ohio child welfare training	3303
program.	3304

Sec. 5153.66.        Sec. 5103.39.  The director of job and family	3305
services shall establish the Ohio child welfare training program	3306
steering committee. Sections 101.82 to 101.87 of the Revised Code	3307
do not apply to the committee.	3308

Sec. 5153.67.        Sec. 5103.391. (A) The director of job and family	3309
services shall appoint all of the following to serve on the Ohio	3310
child welfare training program steering committee:	3311

(1)(A) Employees of the department of job and family	3312
services;	3313

(2) Representatives(B) One representative of each of the	3314
regional training centers established under section 5153.72	3315
5103.42 of the Revised Code;	3316

(3) A(C) One representative of ana statewide organization	3317
that represents the interests of public children services	3318
agencies;	3319

(4) A(D) One representative of the entity contracted with to	3320
serve as the training coordinator for the Ohio child welfare	3321
training program coordinator;	3322

(5) Two employees(E) Employees of public children services	3323
agencies.	3324

(B) All initial appointments required to be made under this	3325
section shall be made no later than thirty days after the	3326
effective date of this section.	3327

The representative of an entity contracted with to serve as	3328
the training coordinator shall serve on the committee until the	3329
department of job and family services contracts with a different	3330
entity to serve as the training coordinator.	3331

The entity under contract on the effective date of this	3332
section to coordinate training for caseworkers and supervisors in	3333
the state shall be considered the entity that contracts with the	3334
department to serve as the training coordinator for the Ohio child	3335
welfare training program.	3336

Sec. 5103.40.  The Ohio child welfare training program	3337
steering committee shall do all of the following:	3338

(A) Following procedures the committee shall establish,	3339
adopt, amend, and rescind by-laws as necessary regarding the	3340
committee's governance, frequency of meetings, and other matters	3341
concerning the committee's operation;	3342

(B) Conduct strategic planning activities regarding the Ohio	3343
child welfare training program;	3344

(C) Provide the department of job and family services and	3345
Ohio child welfare training program coordinator recommendations	3346
regarding the program's operation;	3347

(D) After reviewing individual training needs assessments	3348
completed under sections 5153.125 and 5153.126 of the Revised	3349
Code, consult with the Ohio child welfare training program	3350
coordinator on the design and content of the training that the	3351
program provides pursuant to divisions (E) and (F) of section	3352
5103.30 of the Revised Code;	3353

(E) Review curricula created for the training provided under	3354
section 5103.30 of the Revised Code;	3355

(F) Provide the department recommendations regarding the	3356
curricula reviewed under division (E) of this section as the	3357
committee determines necessary for the training to be relevant to	3358
the needs of the child welfare field;	3359

(G) Evaluate the training and provide the department	3360
recommendations as the committee determines necessary for the	3361
training to be able to enable all of the following:	3362

(1) Assessors to satisfy the training requirement of section	3363
3107.014 of the Revised Code;	3364

(2) Persons utilizing a public children services agency to	3365
adopt a minor to satisfy the training that must be completed as	3366
part of a home study under section 3107.031 of the Revised Code;	3367

(3) Prospective foster caregivers and foster caregivers to	3368
satisfy the preplacement and continuing training requirements of	3369
sections 5103.031, 5103.032, and 5103.033 of the Revised Code;	3370

(4) PCSA caseworkers to satisfy the training requirements of	3371
section 5153.122 of the Revised Code;	3372

(5) PCSA caseworker supervisors to satisfy the training	3373
requirements of section 5153.123 of the Revised Code.	3374

Sec. 5153.71.        Sec. 5103.41.  Prior to the beginning of the fiscal	3375
biennium that first follows the effective date of this section	3376
October 5, 2000, the department of job and family services, in	3377
consultation with the Ohio child welfare training program steering	3378
committee, shall designate eight training regions in the state.	3379
The department, at times it selects, shall review the composition	3380
of the training regions. The committee, at times it selects, shall	3381
also review the training regions' composition and provide the	3382
department recommendations on changes. The department may change	3383
the composition of the training regions as neededthe department	3384
considers necessary. Each training region shall contain only one	3385
regional training center established and maintained under section	3386
5153.725103.42 of the Revised Code.	3387

Sec. 5153.72.        Sec. 5103.42.  Prior to the beginning of the fiscal	3388
biennium that first follows October 5, 2000, the public children	3389
services agencies of Athens, Cuyahoga, Franklin, Greene, Guernsey,	3390
Hamilton, Lucas, and Summit counties shall each establish and	3391
maintain a regional training center. At any time after the	3392
beginning of that biennium, the department of job and family	3393
services, on the recommendation of the Ohio child welfare training	3394
program steering committee, may direct a public children services	3395
agency to establish and maintain a training center to replace the	3396
center established by an agency under this section. There may be	3397
no more and no less than eight centers in existence at any time.	3398
The department may make a grant to a public children services	3399
agency that establishes and maintains a regional training center	3400
under this section for the purpose of wholly or partially	3401
subsidizing the operation of the center. The department shall	3402
specify in the grant all of the center's duties, including the	3403
duties specified in section 5103.422 of the Revised Code.	3404

Sec. 5153.73.        Sec. 5103.421.  The executive director of each public	3405
children services agency required to establish and maintain a	3406
regional training center shall appoint a manager to operate the	3407
training center in accordance with section 5153.745103.422 of the	3408
Revised Code.	3409

Sec. 5153.74.        Sec. 5103.422.  A regional training center's	3410
responsibilities shall include all of the following:	3411

(A) SecureSecuring facilities suitable for conducting the	3412
training programs and sessionsprovided under section 5103.30 of	3413
the Revised Code;	3414

(B) ProvideProviding administrative services and paypaying	3415
all administrative costs related to the conduct of the training	3416
programs and sessions;	3417

(C) MaintainMaintaining a database of the data contained in	3418
the individual training needs assessments for each PCSA caseworker	3419
and PCSA caseworker supervisor employed by a public children	3420
services agency located in the training region served by the	3421
center;	3422

(D) AssessAnalyzing training needs of PCSA caseworkers and	3423
PCSA caseworker supervisors employed by a public children services	3424
agency located in the training region served by the center;	3425

(E) Cooperate withCoordinating the entity contracted with	3426
under section 5153.61 of the Revised Code in coordinating training	3427
programs and sessions at the center with the Ohio child welfare	3428
training program coordinator.	3429

Sec. 5104.01.  As used in this chapter:

3430

(A) "Administrator" means the person responsible for the	3431
daily operation of a center or type A home. The administrator and	3432
the owner may be the same person.	3433

(B) "Approved child day camp" means a child day camp approved	3434
pursuant to section 5104.22 of the Revised Code.	3435

(C) "Authorized provider" means a person authorized by a	3436
county director of job and family services to operate a certified	3437
type B family day-care home.	3438

(D) "Border state child care provider" means a child care	3439
provider that is located in a state bordering Ohio and that is	3440
licensed, certified, or otherwise approved by that state to	3441
provide child care.	3442

(E) "Caretaker parent" means the father or mother of a child	3443
whose presence in the home is needed as the caretaker of the	3444
child, a person who has legal custody of a child and whose	3445
presence in the home is needed as the caretaker of the child, a	3446
guardian of a child whose presence in the home is needed as the	3447
caretaker of the child, and any other person who stands in loco	3448
parentis with respect to the child and whose presence in the home	3449
is needed as the caretaker of the child.	3450

(F) "Certified type B family day-care home" and "certified	3451
type B home" mean a type B family day-care home that is certified	3452
by the director of the county department of job and family	3453
services pursuant to section 5104.11 of the Revised Code to	3454
receive public funds for providing child care pursuant to this	3455
chapter and any rules adopted under it.	3456

(G) "Chartered nonpublic school" means a school that meets	3457
standards for nonpublic schools prescribed by the state board of	3458
education for nonpublic schools pursuant to section 3301.07 of the	3459
Revised Code.	3460

(H) "Child" includes an infant, toddler, preschool child, or	3461
school child.	3462

(I) "Child care block grant act" means the "Child Care and	3463
Development Block Grant Act of 1990," established in section 5082	3464
of the "Omnibus Budget Reconciliation Act of 1990," 104 Stat.	3465
1388-236 (1990), 42 U.S.C. 9858, as amended.	3466

(J) "Child day camp" means a program in which only school	3467
children attend or participate, that operates for no more than	3468
seven hours per day, that operates only during one or more public	3469
school district's regular vacation periods or for no more than	3470
fifteen weeks during the summer, and that operates outdoor	3471
activities for each child who attends or participates in the	3472
program for a minimum of fifty per cent of each day that children	3473
attend or participate in the program, except for any day when	3474
hazardous weather conditions prevent the program from operating	3475
outdoor activities for a minimum of fifty per cent of that day.	3476
For purposes of this division, the maximum seven hours of	3477
operation time does not include transportation time from a child's	3478
home to a child day camp and from a child day camp to a child's	3479
home.	3480

(K) "Child care" means administering to the needs of infants,	3481
toddlers, preschool children, and school children outside of	3482
school hours by persons other than their parents or guardians,	3483
custodians, or relatives by blood, marriage, or adoption for any	3484
part of the twenty-four-hour day in a place or residence other	3485
than a child's own home.	3486

(L) "Child day-care center" and "center" mean any place in	3487
which child care or publicly funded child care is provided for	3488
thirteen or more children at one time or any place that is not the	3489
permanent residence of the licensee or administrator in which	3490
child care or publicly funded child care is provided for seven to	3491
twelve children at one time. In counting children for the purposes	3492
of this division, any children under six years of age who are	3493
related to a licensee, administrator, or employee and who are on	3494
the premises of the center shall be counted. "Child day-care	3495
center" and "center" do not include any of the following:	3496

(1) A place located in and operated by a hospital, as defined	3497
in section 3727.01 of the Revised Code, in which the needs of	3498
children are administered to, if all the children whose needs are	3499
being administered to are monitored under the on-site supervision	3500
of a physician licensed under Chapter 4731. of the Revised Code or	3501
a registered nurse licensed under Chapter 4723. of the Revised	3502
Code, and the services are provided only for children who, in the	3503
opinion of the child's parent, guardian, or custodian, are	3504
exhibiting symptoms of a communicable disease or other illness or	3505
are injured;	3506

(2) A child day camp;

3507

(3) A place that provides child care, but not publicly funded	3508
child care, if all of the following apply:	3509

(a) An organized religious body provides the child care;

3510

(b) A parent, custodian, or guardian of at least one child	3511
receiving child care is on the premises and readily accessible at	3512
all times;	3513

(c) The child care is not provided for more than thirty days	3514
a year;	3515

(d) The child care is provided only for preschool and school	3516
children.	3517

(M) "Child care resource and referral service organization"	3518
means a community-based nonprofit organization that provides child	3519
care resource and referral services but not child care.	3520

(N) "Child care resource and referral services" means all of	3521
the following services:	3522

(1) Maintenance of a uniform data base of all child care	3523
providers in the community that are in compliance with this	3524
chapter, including current occupancy and vacancy data;	3525

(2) Provision of individualized consumer education to	3526
families seeking child care;	3527

(3) Provision of timely referrals of available child care	3528
providers to families seeking child care;	3529

(4) Recruitment of child care providers;

3530

(5) Assistance in the development, conduct, and dissemination	3531
of training for child care providers and provision of technical	3532
assistance to current and potential child care providers,	3533
employers, and the community;	3534

(6) Collection and analysis of data on the supply of and	3535
demand for child care in the community;	3536

(7) Technical assistance concerning locally, state, and	3537
federally funded child care and early childhood education	3538
programs;	3539

(8) Stimulation of employer involvement in making child care	3540
more affordable, more available, safer, and of higher quality for	3541
their employees and for the community;	3542

(9) Provision of written educational materials to caretaker	3543
parents and informational resources to child care providers;	3544

(10) Coordination of services among child care resource and	3545
referral service organizations to assist in developing and	3546
maintaining a statewide system of child care resource and referral	3547
services if required by the department of job and family services;	3548

(11) Cooperation with the county department of job and family	3549
services in encouraging the establishment of parent cooperative	3550
child care centers and parent cooperative type A family day-care	3551
homes.	3552

(O) "Child-care staff member" means an employee of a child	3553
day-care center or type A family day-care home who is primarily	3554
responsible for the care and supervision of children. The	3555
administrator may be a part-time child-care staff member when not	3556
involved in other duties.	3557

(P) "Drop-in child day-care center," "drop-in center,"	3558
"drop-in type A family day-care home," and "drop-in type A home"	3559
mean a center or type A home that provides child care or publicly	3560
funded child care for children on a temporary, irregular basis.	3561

(Q) "Employee" means a person who either:

3562

(1) Receives compensation for duties performed in a child	3563
day-care center or type A family day-care home;	3564

(2) Is assigned specific working hours or duties in a child	3565
day-care center or type A family day-care home.	3566

(R) "Employer" means a person, firm, institution,	3567
organization, or agency that operates a child day-care center or	3568
type A family day-care home subject to licensure under this	3569
chapter.	3570

(S) "Federal poverty line" means the official poverty	3571
guideline as revised annually in accordance with section 673(2) of	3572
the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42	3573
U.S.C. 9902, as amended, for a family size equal to the size of	3574
the family of the person whose income is being determined.	3575

(T) "Head start program" means a comprehensive child	3576
development program that receives funds distributed under the	3577
"Head Start Act," 95 Stat. 499 (1981), 42 U.S.C.A. 9831, as	3578
amended, and is licensed as a child day-care center.	3579

(U) "Income" means gross income, as defined in section	3580
5107.10 of the Revised Code, less any amounts required by federal	3581
statutes or regulations to be disregarded.	3582

(V) "Indicator checklist" means an inspection tool, used in	3583
conjunction with an instrument-based program monitoring	3584
information system, that contains selected licensing requirements	3585
that are statistically reliable indicators or predictors of a	3586
child day-care center or type A family day-care home's compliance	3587
with licensing requirements.	3588

(W) "Infant" means a child who is less than eighteen months	3589
of age.	3590

(X) "In-home aide" means a person who does not reside with	3591
the child but provides care in the child's home and is certified	3592
by a county director of job and family services pursuant to	3593
section 5104.12 of the Revised Code to provide publicly funded	3594
child care to a child in a child's own home pursuant to this	3595
chapter and any rules adopted under it.	3596

(Y) "Instrument-based program monitoring information system"	3597
means a method to assess compliance with licensing requirements	3598
for child day-care centers and type A family day-care homes in	3599
which each licensing requirement is assigned a weight indicative	3600
of the relative importance of the requirement to the health,	3601
growth, and safety of the children that is used to develop an	3602
indicator checklist.	3603

(Z) "License capacity" means the maximum number in each age	3604
category of children who may be cared for in a child day-care	3605
center or type A family day-care home at one time as determined by	3606
the director of job and family services considering building	3607
occupancy limits established by the department of commerce, number	3608
of available child-care staff members, amount of available indoor	3609
floor space and outdoor play space, and amount of available play	3610
equipment, materials, and supplies.	3611

(AA) "Licensed preschool program" or "licensed school child	3612
program" means a preschool program or school child program, as	3613
defined in section 3301.52 of the Revised Code, that is licensed	3614
by the department of education pursuant to sections 3301.52 to	3615
3301.59 of the Revised Code.	3616

(BB) "Licensee" means the owner of a child day-care center or	3617
type A family day-care home that is licensed pursuant to this	3618
chapter and who is responsible for ensuring its compliance with	3619
this chapter and rules adopted pursuant to this chapter.	3620

(CC) "Operate a child day camp" means to operate, establish,	3621
manage, conduct, or maintain a child day camp.	3622

(DD) "Owner" includes a person, as defined in section 1.59 of	3623
the Revised Code, or government entity.	3624

(EE) "Parent cooperative child day-care center," "parent	3625
cooperative center," "parent cooperative type A family day-care	3626
home," and "parent cooperative type A home" mean a corporation or	3627
association organized for providing educational services to the	3628
children of members of the corporation or association, without	3629
gain to the corporation or association as an entity, in which the	3630
services of the corporation or association are provided only to	3631
children of the members of the corporation or association,	3632
ownership and control of the corporation or association rests	3633
solely with the members of the corporation or association, and at	3634
least one parent-member of the corporation or association is on	3635
the premises of the center or type A home during its hours of	3636
operation.	3637

(FF) "Part-time child day-care center," "part-time center,"	3638
"part-time type A family day-care home," and "part-time type A	3639
home" mean a center or type A home that provides child care or	3640
publicly funded child care for no more than four hours a day for	3641
any child.	3642

(GG) "Place of worship" means a building where activities of	3643
an organized religious group are conducted and includes the	3644
grounds and any other buildings on the grounds used for such	3645
activities.	3646

(HH) "Preschool child" means a child who is three years old	3647
or older but is not a school child.	3648

(II) "Protective child care" means publicly funded child care	3649
for the direct care and protection of a child to whom either of	3650
the following applies:	3651

(1) A case plan prepared and maintained for the child	3652
pursuant to section 2151.412 of the Revised Code indicates a need	3653
for protective care and the child resides with a parent,	3654
stepparent, guardian, or another person who stands in loco	3655
parentis as defined in rules adopted under section 5104.38 of the	3656
Revised Code;	3657

(2) The child and the child's caretaker either temporarily	3658
reside in a facility providing emergency shelter for homeless	3659
families or are determined by the county department of job and	3660
family services to be homeless, and are otherwise ineligible for	3661
publicly funded child care.	3662

(JJ) "Publicly funded child care" means administering to the	3663
needs of infants, toddlers, preschool children, and school	3664
children under age thirteen during any part of the	3665
twenty-four-hour day by persons other than their caretaker parents	3666
for remuneration wholly or in part with federal or state funds,	3667
including funds available under the child care block grant act,	3668
Title IV-A, and Title XX, distributed by the department of job and	3669
family services.	3670

(KK) "Religious activities" means any of the following:	3671
worship or other religious services; religious instruction; Sunday	3672
school classes or other religious classes conducted during or	3673
prior to worship or other religious services; youth or adult	3674
fellowship activities; choir or other musical group practices or	3675
programs; meals; festivals; or meetings conducted by an organized	3676
religious group.	3677

(LL) "School child" means a child who is enrolled in or is	3678
eligible to be enrolled in a grade of kindergarten or above but is	3679
less than fifteen years old.	3680

(MM) "School child day-care center," "school child center,"	3681
"school child type A family day-care home," and "school child type	3682
A family home" mean a center or type A home that provides child	3683
care for school children only and that does either or both of the	3684
following:	3685

(1) Operates only during that part of the day that	3686
immediately precedes or follows the public school day of the	3687
school district in which the center or type A home is located;	3688

(2) Operates only when the public schools in the school	3689
district in which the center or type A home is located are not	3690
open for instruction with pupils in attendance.	3691

(NN) "State median income" means the state median income	3692
calculated by the department of development pursuant to division	3693
(A)(1)(g) of section 5709.61 of the Revised Code.	3694

(OO) "Title IV-A" means Title IV-A of the "Social Security	3695
Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended.	3696

(PP) "Title XX" means Title XX of the "Social Security Act,"	3697
88 Stat. 2337 (1974), 42 U.S.C. 1397, as amended.	3698

(QQ) "Toddler" means a child who is at least eighteen months	3699
of age but less than three years of age.	3700

(RR) "Type A family day-care home" and "type A home" mean a	3701
permanent residence of the administrator in which child care or	3702
publicly funded child care is provided for seven to twelve	3703
children at one time or a permanent residence of the administrator	3704
in which child care is provided for four to twelve children at one	3705
time if four or more children at one time are under two years of	3706
age. In counting children for the purposes of this division, any	3707
children under six years of age who are related to a licensee,	3708
administrator, or employee and who are on the premises of the type	3709
A home shall be counted. "Type A family day-care home" does not	3710
include a residence in which the needs of children are	3711
administered to, if all of the children whose needs are being	3712
administered to are siblings of the same immediate family and the	3713
residence is the home of the siblings. "Type A family day-care	3714
home" and "type A home" do not include any child day camp.	3715

(SS) "Type B family day-care home" and "type B home" mean a	3716
permanent residence of the provider in which child care is	3717
provided for one to six children at one time and in which no more	3718
than three children are under two years of age at one time. In	3719
counting children for the purposes of this division, any children	3720
under six years of age who are related to the provider and who are	3721
on the premises of the type B home shall be counted. "Type B	3722
family day-care home" does not include a residence in which the	3723
needs of children are administered to, if all of the children	3724
whose needs are being administered to are siblings of the same	3725
immediate family and the residence is the home of the siblings.	3726
"Type B family day-care home" and "type B home" do not include any	3727
child day camp.	3728

Sec. 5104.11.  (A)(1) Every person desiring to receive	3729
certification for a type B family day-care home to provide	3730
publicly funded child care shall apply for certification to the	3731
county director of job and family services on such forms as the	3732
director of job and family services prescribes. The county	3733
director shall provide at no charge to each applicant a copy of	3734
rules for certifying type B family day-care homes adopted pursuant	3735
to this chapter.	3736

(2) Except as provided in division (G)(1) of section 5104.011	3737
of the Revised Code, after receipt of an application for	3738
certification from a type B family day-care home, the county	3739
director of job and family services shall inspect the home. If it	3740
complies with this chapter and any applicable rules adopted under	3741
this chapter, the county department shall certify the type B	3742
family day-care home to provide publicly funded child care	3743
pursuant to this chapter and any rules adopted under it. The	3744
director of job and family services or a county director of job	3745
and family services may contract with a government entity or a	3746
private nonprofit entity for that entity to inspect and certify	3747
type B family day-care homes pursuant to this section. The county	3748
department of job and family services, government entity, or	3749
nonprofit entity shall conduct the inspection prior to the	3750
issuance of a certificate for the type B home and, as part of that	3751
inspection, ensure that the type B home is safe and sanitary.	3752

(3)(a) On receipt of an application for certification for a	3753
type B family day-care home to provide publicly funded child care	3754
or for renewal of such certification, the county department shall	3755
request from the public children services agencyboth of the	3756
following information concerning any abuse or neglect report made	3757
pursuant to section 2151.421 of the Revised Code of which the	3758
applicant, any other adult residing in the applicant's home, or a	3759
person designated by the applicant to be an emergency or	3760
substitute caregiver for the applicant is the subject. The:	3761

(i) The public children services agency, until the county	3762
department is notified by the department of job and family	3763
services that the uniform statewide automated child welfare	3764
information system has been finalized statewide;	3765

(ii) Upon receipt of notification under division (D) of	3766
section 5101.13 of the Revised Code that the uniform statewide	3767
automated child welfare information system has been implemented	3768
statewide, the uniform statewide automated child welfare	3769
information system via the department.	3770

(b) The county department shall consider any information	3771
provided by the agency or the department pursuant to section	3772
5153.175 of the Revised Code. If the county department determines	3773
that the information, when viewed within the totality of the	3774
circumstances, reasonably leads to the conclusion that the	3775
applicant may directly or indirectly endanger the health, safety,	3776
or welfare of children, the county department shall deny the	3777
application for certification or renewal of certification, or	3778
revoke the certification of an authorized provider.	3779

(c) As used in division (A)(3) of this section, "public	3780
children services agency" means either an entity separate from the	3781
county department or the part of the county department that serves	3782
as the county's public children services agency, as appropriate.	3783

(4) Except as provided in division (A)(5) of this section, an	3784
authorized provider of a type B family day-care home that receives	3785
a certificate pursuant to this section to provide publicly funded	3786
child care is an independent contractor and is not an employee of	3787
the county department of job and family services that issues the	3788
certificate.	3789

(5) For purposes of Chapter 4141. of the Revised Code,	3790
determinations concerning the employment of an authorized provider	3791
of a type B family day-care home that receives a certificate	3792
pursuant to this section shall be determined under Chapter 4141.	3793
of the Revised Code.	3794

(B) If the county director of job and family services	3795
determines that the type B family day-care home complies with this	3796
chapter and any rules adopted under it, the county director shall	3797
issue to the provider a certificate to provide publicly funded	3798
child care, which certificate is valid for twelve months, unless	3799
revoked earlier. The county director may revoke the certificate	3800
after determining that revocation is necessary. The authorized	3801
provider shall post the certificate in a conspicuous place in the	3802
certified type B home that is accessible to parents, custodians,	3803
or guardians at all times. The certificate shall state the name	3804
and address of the authorized provider, the maximum number of	3805
children who may be cared for at any one time in the certified	3806
type B home, the expiration date of the certification, and the	3807
name and telephone number of the county director who issued the	3808
certificate.	3809

(C)(1) The county director shall inspect every certified type	3810
B family day-care home at least twice within each twelve-month	3811
period of the operation of the certified type B home. A minimum of	3812
one inspection shall be unannounced and all inspections may be	3813
unannounced. Upon receipt of a complaint, the county director	3814
shall investigate the certified type B home, and division (C)(2)	3815
of this section applies regarding the complaint. The authorized	3816
provider shall permit the county director to inspect any part of	3817
the certified type B home. The county director shall prepare a	3818
written inspection report and furnish one copy to the authorized	3819
provider within a reasonable time after the inspection.	3820

(2) Upon receipt of a complaint as described in division	3821
(C)(1) of this section, in addition to the investigation that is	3822
required under that division, both of the following apply:	3823

(a) If the complaint alleges that a child suffered physical	3824
harm while receiving child care at the certified type B family	3825
day-care home or that the noncompliance with law or act alleged in	3826
the complaint involved, resulted in, or poses a substantial risk	3827
of physical harm to a child receiving child care at the home, the	3828
county director shall inspect the home.	3829

(b) If division (C)(2)(a) of this section does not apply	3830
regarding the complaint, the county director may inspect the	3831
certified type B family day-care home.	3832

(3) Division (C)(2) of this section does not limit, restrict,	3833
or negate any duty of the county director to inspect a certified	3834
type B family day-care home that otherwise is imposed under this	3835
section, or any authority of the county director to inspect a home	3836
that otherwise is granted under this section when the county	3837
director believes the inspection is necessary and it is permitted	3838
under the grant.	3839

(D) The county director of job and family services, in	3840
accordance with rules adopted pursuant to section 5104.052 of the	3841
Revised Code regarding fire safety and fire prevention, shall	3842
inspect each type B home that applies to be certified that is	3843
providing or is to provide publicly funded child care.	3844

(E) All materials that are supplied by the department of job	3845
and family services to type A family day-care home providers, type	3846
B family day-care home providers, in-home aides, persons who	3847
desire to be type A family day-care home providers, type B family	3848
day-care home providers, or in-home aides, and caretaker parents	3849
shall be written at no higher than the sixth grade reading level.	3850
The department may employ a readability expert to verify its	3851
compliance with this division.	3852

Sec. 5104.31. (A) Publicly funded child care may be provided	3853
only by the following:	3854

(A)(1) A child day-care center or type A family day-care	3855
home, including a parent cooperative child day-care center or	3856
parent cooperative type A family day-care home, licensed by the	3857
department of job and family services pursuant to section 5104.03	3858
of the Revised Code;	3859

(B)(2) A type B family day-care home certified by the county	3860
department of job and family services pursuant to section 5104.11	3861
of the Revised Code;	3862

(C)(3) A type B family day-care home that has received a	3863
limited certification pursuant to rules adopted under division	3864
(G)(1) of section 5104.011 of the Revised Code;	3865

(D)(4) An in-home aide who has been certified by the county	3866
department of job and family services pursuant to section 5104.12	3867
of the Revised Code;	3868

(E)(5) A child day camp approved pursuant to section 5104.22	3869
of the Revised Code;	3870

(F)(6) A licensed preschool program;

3871

(G)(7) A licensed school child program;

3872

(H)(8) A border state child care provider, except that a	3873
border state child care provider may provide publicly funded child	3874
care only to an individual who resides in an Ohio county that	3875
borders the state in which the provider is located.	3876

(B) Publicly funded child day-care may be provided in a	3877
child's own home only by an in-home aide.	3878

Sec. 5153.01.  (A) As used in the Revised Code, "public	3879
children services agency" means an entity specified in section	3880
5153.02 of the Revised Code that has assumed the powers and duties	3881
of the children services function prescribed by this chapter for a	3882
county.	3883

(B) As used in this chapter:

3884

(1) "Certified foster home" means a foster home, as defined	3885
in section 5103.02 of the Revised Code, certified under section	3886
5103.03 of the Revised Code.	3887

(2) "Certified organization" means any organization holding a	3888
certificate issued pursuant to section 5103.03 of the Revised Code	3889
that is in full force and effect.	3890

(3) "Child" means any person under eighteen years of age or a	3891
mentally or physically handicapped person, as defined by rule	3892
adopted by the director of job and family services, under	3893
twenty-one years of age.	3894

(4) "Executive director" means the person charged with the	3895
responsibility of administering the powers and duties of a public	3896
children services agency appointed pursuant to section 5153.10 of	3897
the Revised Code.	3898

(5) "Organization" means any public, semipublic, or private	3899
institution, including maternity homes and day nurseries, and any	3900
private association, society, or agency, located or operating in	3901
this state, incorporated or unincorporated, having among its	3902
functions the furnishing of protective services or care for	3903
children or the placement of children in certified foster homes or	3904
elsewhere.	3905

(6) "PCSA caseworker" means an individual employed by a	3906
public children services agency as a caseworker.	3907

(7) "PCSA caseworker supervisor" means an individual employed	3908
by a public children services agency to supervise PCSA	3909
caseworkers.	3910

Sec. 5153.111.  (A)(1) The executive director of a public	3911
children services agency shall request the superintendent of the	3912
bureau of criminal identification and investigation to conduct a	3913
criminal records check with respect to any applicant who has	3914
applied to the agency for employment as a person responsible for	3915
the care, custody, or control of a child. If the applicant does	3916
not present proof that the applicant has been a resident of this	3917
state for the five-year period immediately prior to the date upon	3918
which the criminal records check is requested or does not provide	3919
evidence that within that five-year period the superintendent has	3920
requested information about the applicant from the federal bureau	3921
of investigation in a criminal records check, the executive	3922
director shall request that the superintendent obtain information	3923
from the federal bureau of investigation as a part of the criminal	3924
records check for the applicant. If the applicant presents proof	3925
that the applicant has been a resident of this state for that	3926
five-year period, the executive director may request that the	3927
superintendent include information from the federal bureau of	3928
investigation in the criminal records check.	3929

(2) Any person required by division (A)(1) of this section to	3930
request a criminal records check shall provide to each applicant a	3931
copy of the form prescribed pursuant to division (C)(1) of section	3932
109.572 of the Revised Code, provide to each applicant a standard	3933
impression sheet to obtain fingerprint impressions prescribed	3934
pursuant to division (C)(2) of section 109.572 of the Revised	3935
Code, obtain the completed form and impression sheet from each	3936
applicant, and forward the completed form and impression sheet to	3937
the superintendent of the bureau of criminal identification and	3938
investigation at the time the person requests a criminal records	3939
check pursuant to division (A)(1) of this section.	3940

(3) Any applicant who receives pursuant to division (A)(2) of	3941
this section a copy of the form prescribed pursuant to division	3942
(C)(1) of section 109.572 of the Revised Code and a copy of an	3943
impression sheet prescribed pursuant to division (C)(2) of that	3944
section and who is requested to complete the form and provide a	3945
set of fingerprint impressions shall complete the form or provide	3946
all the information necessary to complete the form and shall	3947
provide the impression sheet with the impressions of the	3948
applicant's fingerprints. If an applicant, upon request, fails to	3949
provide the information necessary to complete the form or fails to	3950
provide impressions of the applicant's fingerprints, that agency	3951
shall not employ that applicant for any position for which a	3952
criminal records check is required by division (A)(1) of this	3953
section.	3954

(B)(1) Except as provided in rules adopted by the director of	3955
job and family services in accordance with division (E) of this	3956
section, no public children services agency shall employ a person	3957
as a person responsible for the care, custody, or control of a	3958
child if the person previously has been convicted of or pleaded	3959
guilty to any of the following:	3960

(a) A violation of section 2903.01, 2903.02, 2903.03,	3961
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	3962
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	3963
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	3964
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	3965
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	3966
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	3967
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a	3968
violation of section 2905.04 of the Revised Code as it existed	3969
prior to July 1, 1996, a violation of section 2919.23 of the	3970
Revised Code that would have been a violation of section 2905.04	3971
of the Revised Code as it existed prior to July 1, 1996, had the	3972
violation occurred prior to that date, a violation of section	3973
2925.11 of the Revised Code that is not a minor drug possession	3974
offense, or felonious sexual penetration in violation of former	3975
section 2907.12 of the Revised Code;	3976

(b) A violation of an existing or former law of this state,	3977
any other state, or the United States that is substantially	3978
equivalent to any of the offenses or violations described in	3979
division (B)(1)(a) of this section.	3980

(2) A public children services agency may employ an applicant	3981
conditionally until the criminal records check required by this	3982
section is completed and the agency receives the results of the	3983
criminal records check. If the results of the criminal records	3984
check indicate that, pursuant to division (B)(1) of this section,	3985
the applicant does not qualify for employment, the agency shall	3986
release the applicant from employment.	3987

(C)(1) Each public children services agency shall pay to the	3988
bureau of criminal identification and investigation the fee	3989
prescribed pursuant to division (C)(3) of section 109.572 of the	3990
Revised Code for each criminal records check conducted in	3991
accordance with that section upon the request pursuant to division	3992
(A)(1) of this section of the executive director of the agency.	3993

(2) A public children services agency may charge an applicant	3994
a fee for the costs it incurs in obtaining a criminal records	3995
check under this section. A fee charged under this division shall	3996
not exceed the amount of fees the agency pays under division	3997
(C)(1) of this section. If a fee is charged under this division,	3998
the agency shall notify the applicant at the time of the	3999
applicant's initial application for employment of the amount of	4000
the fee and that, unless the fee is paid, the agency will not	4001
consider the applicant for employment.	4002

(D) The report of any criminal records check conducted by the	4003
bureau of criminal identification and investigation in accordance	4004
with section 109.572 of the Revised Code and pursuant to a request	4005
under division (A)(1) of this section is not a public record for	4006
the purposes of section 149.43 of the Revised Code and shall not	4007
be made available to any person other than the applicant who is	4008
the subject of the criminal records check or the applicant's	4009
representative, the public children services agency requesting the	4010
criminal records check or its representative, and any court,	4011
hearing officer, or other necessary individual involved in a case	4012
dealing with the denial of employment to the applicant.	4013

(E) The director of job and family services shall adopt rules	4014
pursuant to Chapter 119. of the Revised Code to implement this	4015
section, including rules specifying circumstances under which a	4016
public children services agency may hire a person who has been	4017
convicted of an offense listed in division (B)(1) of this section	4018
but who meets standards in regard to rehabilitation set by the	4019
department.	4020

(F) Any person required by division (A)(1) of this section to	4021
request a criminal records check shall inform each person, at the	4022
time of the person's initial application for employment, that the	4023
person is required to provide a set of impressions of the person's	4024
fingerprints and that a criminal records check is required to be	4025
conducted and satisfactorily completed in accordance with section	4026
109.572 of the Revised Code if the person comes under final	4027
consideration for appointment or employment as a precondition to	4028
employment for that position.	4029

(G) As used in this section:

4030

(1) "Applicant" means a person who is under final	4031
consideration for appointment or employment in a position with the	4032
agency as a person responsible for the care, custody, or control	4033
of a child.	4034

(2) "Criminal records check" has the same meaning as in	4035
section 109.572 of the Revised Code.	4036

(3) "Minor drug possession offense" has the same meaning as	4037
in section 2925.01 of the Revised Code.	4038

Sec. 5153.122. (A) Each PCSA caseworker hired by a public	4039
children services agency shall complete at least ninety hours of	4040
in-service training during the first year of the caseworker's	4041
continuous employment as a PCSA caseworker, except that the	4042
executive director of the public children services agency may	4043
waive the training requirement for a school of social work	4044
graduate who participated in the university partnership program	4045
described in division (D) of section 5101.141 of the Revised Code.	4046
The training shall consist of courses in recognizing and	4047
preventing child abuse and neglect, assessing riskssafety and	4048
risk, interviewing persons, investigating cases, intervening,	4049
providing services to children and their families, the importance	4050
of and need for accurate data, preparation for court, maintenance	4051
of case record information, and other topics relevant to child	4052
abuse and neglect. The training shall also include courses in the	4053
legal duties of PCSA caseworkers to protect the constitutional and	4054
statutory rights of children and families from the initial time of	4055
contact during investigation through treatment that shall include	4056
instruction regarding parents' rights and the limitations that the	4057
Fourth Amendment to the United States Constitution places upon	4058
caseworkers and their investigations.	4059

After thea PCSA caseworker's first year of continuous	4060
employment as a PCSA caseworker, eachthe caseworker annually	4061
shall complete thirty-six hours of training in areas relevant to	4062
the caseworker's assigned duties.	4063

(B) Each supervisor hired by a public children services	4064
agency shall complete at least sixty hours of in-service training	4065
during the first year of the supervisor's continuous employment in	4066
that position. After the first year of continuous employment as a	4067
supervisor, the supervisor annually shall complete thirty hours of	4068
training in areas relevant to the supervisor's assigned duties.	4069

(C) The director of job and family services shall adopt rules	4070
in accordance with Chapter 119. of the Revised Code as necessary	4071
to implement the training requirements of this section.	4072

During the first two years of continuous employment as a PCSA	4073
caseworker, each PCSA caseworker shall complete at least twelve	4074
hours of training in recognizing the signs of domestic violence	4075
and its relationship to child abuse as established in rules the	4076
director of job and family services shall adopt pursuant to	4077
Chapter 119. of the Revised Code. The twelve hours may be in	4078
addition to the ninety hours of training required during the	4079
caseworker's first year of employment or part of the thirty-six	4080
hours of training required during the second year of employment.	4081

Sec. 5153.123.  Each PCSA caseworker supervisor shall	4082
complete at least sixty hours of in-service training during the	4083
first year of the supervisor's continuous employment as a PCSA	4084
caseworker supervisor. After a PCSA caseworker supervisor's first	4085
year of continuous employment as a PCSA caseworker supervisor, the	4086
supervisor annually shall complete thirty hours of training in	4087
areas relevant to the supervisor's assigned duties. During the	4088
first two years of continuous employment as a PCSA caseworker	4089
supervisor, each PCSA caseworker supervisor shall complete at	4090
least twelve hours of training in recognizing the signs of	4091
domestic violence and its relationship to child abuse as	4092
established in rules the director of job and family services shall	4093
adopt pursuant to Chapter 119. of the Revised Code. The twelve	4094
hours may be in addition to the sixty hours of training required	4095
during the supervisor's first year of employment or part of the	4096
thirty hours of training required during the second year of	4097
employment.	4098

Sec. 5153.124. (A) The director of job and family services	4099
shall adopt rules as necessary to implement the training	4100
requirements of sections 5153.122 and 5153.123 of the Revised	4101
Code.	4102

(B) Notwithstanding sections 5103.33 to 5103.422 and sections	4103
5153.122 to 5153.127 of the Revised Code, the department of job	4104
and family services may require additional training for PCSA	4105
caseworkers and PCSA caseworker supervisors as necessary to comply	4106
with federal requirements.	4107

Sec. 5153.75.        Sec. 5153.125.  Each PCSA caseworker supervisor	4108
employed by a public children services agency that supervises the	4109
work of a caseworker employed by the agency shall work with the	4110
each PCSA caseworker the supervisor supervises to determine the	4111
caseworker's training needs in accordance with, and ensure the	4112
caseworker's compliance with, the training requirements of section	4113
5153.122 of the Revised Code. Once every two years, each PCSA	4114
caseworker and the caseworker's supervisor shall jointly complete	4115
anthe caseworker's individual training needs assessment form	4116
created under section 5153.655103.37 of the Revised Code for each	4117
caseworker.	4118

Sec. 5153.76.        Sec. 5153.126.  The executive director of each public	4119
children services agency or a person designated by the executive	4120
director shall work with each PCSA caseworker supervisor employed	4121
by the agency to determine the supervisor's training needs in	4122
accordance with, and ensure the supervisor's compliance with, the	4123
training requirements of section 5153.1225153.123 of the Revised	4124
Code. Once every two years, each PCSA caseworker supervisor and	4125
the executive director of the public children services agency	4126
employing the supervisor, or designatedthe person designated by	4127
the executive director, shall jointly complete anthe supervisor's	4128
individual training needs assessment form created under section	4129
5153.655103.37 of the Revised Code for each supervisor.	4130

Sec. 5153.77.        Sec. 5153.127.  The executive director of each public	4131
children services agency or a person designated by the executive	4132
director shall collect and maintain the data from individual	4133
training needs assessment formsassessments completed under	4134
sections 5153.755153.125 and 5153.765153.126 of the Revised Code	4135
for each PCSA caseworker and PCSA caseworker supervisor and case	4136
worker employed by the agency. The executive director or	4137
designated person shall compile and forward the data collected	4138
from the completed assessment formsassessments to the regional	4139
training center located inestablished under section 5103.42 of	4140
the Revised Code for the same training region as the agency is	4141
located in.	4142

Sec. 5153.16.  (A) Except as provided in section 2151.422 of	4143
the Revised Code, in accordance with rules of the department of	4144
job and family servicesadopted under section 5153.166 of the	4145
Revised Code, and on behalf of children in the county whom the	4146
public children services agency considers to be in need of public	4147
care or protective services, the public children services agency	4148
shall do all of the following:	4149

(1) Make an investigation concerning any child alleged to be	4150
an abused, neglected, or dependent child;	4151

(2) Enter into agreements with the parent, guardian, or other	4152
person having legal custody of any child, or with the department	4153
of job and family services, department of mental health,	4154
department of mental retardation and developmental disabilities,	4155
other department, any certified organization within or outside the	4156
county, or any agency or institution outside the state, having	4157
legal custody of any child, with respect to the custody, care, or	4158
placement of any child, or with respect to any matter, in the	4159
interests of the child, provided the permanent custody of a child	4160
shall not be transferred by a parent to the public children	4161
services agency without the consent of the juvenile court;	4162

(3) Accept custody of children committed to the public	4163
children services agency by a court exercising juvenile	4164
jurisdiction;	4165

(4) Provide such care as the public children services agency	4166
considers to be in the best interests of any child adjudicated to	4167
be an abused, neglected, or dependent child the agency finds to be	4168
in need of public care or service;	4169

(5) Provide social services to any unmarried girl adjudicated	4170
to be an abused, neglected, or dependent child who is pregnant	4171
with or has been delivered of a child;	4172

(6) Make available to the bureau for children with medical	4173
handicaps of the department of health at its request any	4174
information concerning a crippled child found to be in need of	4175
treatment under sections 3701.021 to 3701.028 of the Revised Code	4176
who is receiving services from the public children services	4177
agency;	4178

(7) Provide temporary emergency care for any child considered	4179
by the public children services agency to be in need of such care,	4180
without agreement or commitment;	4181

(8) Find certified foster homes, within or outside the	4182
county, for the care of children, including handicapped children	4183
from other counties attending special schools in the county;	4184

(9) Subject to the approval of the board of county	4185
commissioners and the state department of job and family services,	4186
establish and operate a training school or enter into an agreement	4187
with any municipal corporation or other political subdivision of	4188
the county respecting the operation, acquisition, or maintenance	4189
of any children's home, training school, or other institution for	4190
the care of children maintained by such municipal corporation or	4191
political subdivision;	4192

(10) Acquire and operate a county children's home, establish,	4193
maintain, and operate a receiving home for the temporary care of	4194
children, or procure certified foster homes for this purpose;	4195

(11) Enter into an agreement with the trustees of any	4196
district children's home, respecting the operation of the district	4197
children's home in cooperation with the other county boards in the	4198
district;	4199

(12) Cooperate with, make its services available to, and act	4200
as the agent of persons, courts, the department of job and family	4201
services, the department of health, and other organizations within	4202
and outside the state, in matters relating to the welfare of	4203
children, except that the public children services agency shall	4204
not be required to provide supervision of or other services	4205
related to the exercise of parenting time rights granted pursuant	4206
to section 3109.051 or 3109.12 of the Revised Code or	4207
companionship or visitation rights granted pursuant to section	4208
3109.051, 3109.11, or 3109.12 of the Revised Code unless a	4209
juvenile court, pursuant to Chapter 2151. of the Revised Code, or	4210
a common pleas court, pursuant to division (E)(6) of section	4211
3113.31 of the Revised Code, requires the provision of supervision	4212
or other services related to the exercise of the parenting time	4213
rights or companionship or visitation rights;	4214

(13) Make investigations at the request of any superintendent	4215
of schools in the county or the principal of any school concerning	4216
the application of any child adjudicated to be an abused,	4217
neglected, or dependent child for release from school, where such	4218
service is not provided through a school attendance department;	4219

(14) Administer funds provided under Title IV-E of the	4220
"Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as	4221
amended, in accordance with rules adopted under section 5101.141	4222
of the Revised Code;	4223

(15) In addition to administering Title IV-E adoption	4224
assistance funds, enter into agreements to make adoption	4225
assistance payments under section 5153.163 of the Revised Code;	4226

(16) Implement a system of safety and risk assessment, in	4227
accordance with rules adopted by the director of job and family	4228
services, to assist the public children services agency in	4229
determining the risk of abuse or neglect to a child;	4230

(17) Enter into a plan of cooperation with the board of	4231
county commissioners under section 307.983 of the Revised Code and	4232
comply with each fiscal agreement the board enters into under	4233
section 307.98 of the Revised Code that include family services	4234
duties of public children services agencies and contracts the	4235
board enters into under sections 307.981 and 307.982 of the	4236
Revised Code that affect the public children services agency;	4237

(18) Make reasonable efforts to prevent the removal of an	4238
alleged or adjudicated abused, neglected, or dependent child from	4239
the child's home, eliminate the continued removal of the child	4240
from the child's home, or make it possible for the child to return	4241
home safely, except that reasonable efforts of that nature are not	4242
required when a court has made a determination under division	4243
(A)(2) of section 2151.419 of the Revised Code;	4244

(19) Make reasonable efforts to place the child in a timely	4245
manner in accordance with the permanency plan approved under	4246
division (E) of section 2151.417 of the Revised Code and to	4247
complete whatever steps are necessary to finalize the permanent	4248
placement of the child;	4249

(20) Administer a Title IV-A program identified under	4250
division (A)(4)(c) or (f) of section 5101.80 of the Revised Code	4251
that the department of job and family services provides for the	4252
public children services agency to administer under the	4253
department's supervision pursuant to section 5101.801 of the	4254
Revised Code;	4255

(21) Administer the kinship permanency incentive program	4256
created under section 5101.802 of the Revised Code under the	4257
supervision of the director of job and family services;	4258

(22) Provide independent living services pursuant to sections	4259
2151.81 to 2151.84 of the Revised Code.	4260

(B) The public children services agency shall use the system	4261
implemented pursuant to division (B)(A)(16) of this section in	4262
connection with an investigation undertaken pursuant to division	4263
(F)(1) of section 2151.421 of the Revised Code and may use the	4264
system at any other time the agency is involved with any child	4265
when the agency determines that risk assessment is necessaryto	4266
assess both of the following:	4267

(1) The ongoing safety of the child;

4268

(2) The appropriateness of the intensity and duration of the	4269
services provided to meet child and family needs throughout the	4270
duration of a case.	4271

(C) Except as provided in section 2151.422 of the Revised	4272
Code, in accordance with rules of the director of job and family	4273
services, and on behalf of children in the county whom the public	4274
children services agency considers to be in need of public care or	4275
protective services, the public children services agency may do	4276
the following:	4277

(1) Provide or find, with other child serving systems,	4278
specialized foster care for the care of children in a specialized	4279
foster home, as defined in section 5103.02 of the Revised Code,	4280
certified under section 5103.03 of the Revised Code;	4281

(2)(a) Except as limited by divisions (C)(2)(b) and (c) of	4282
this section, contract with the following for the purpose of	4283
assisting the agency with its duties:	4284

(i) County departments of job and family services;

4285

(ii) Boards of alcohol, drug addiction, and mental health	4286
services;	4287

(iii) County boards of mental retardation and developmental	4288
disabilities;	4289

(iv) Regional councils of political subdivisions established	4290
under Chapter 167. of the Revised Code;	4291

(v) Private and government providers of services;

4292

(vi) Managed care organizations and prepaid health plans.

4293

(b) A public children services agency contract under division	4294
(C)(2)(a) of this section regarding the agency's duties under	4295
section 2151.421 of the Revised Code may not provide for the	4296
entity under contract with the agency to perform any service not	4297
authorized by the department's rules.	4298

(c) Only a county children services board appointed under	4299
section 5153.03 of the Revised Code that is a public children	4300
services agency may contract under division (C)(2)(a) of this	4301
section. If an entity specified in division (B) or (C) of section	4302
5153.02 of the Revised Code is the public children services agency	4303
for a county, the board of county commissioners may enter into	4304
contracts pursuant to section 307.982 of the Revised Code	4305
regarding the agency's duties.	4306

Sec. 5153.166. In addition to other rules specifically	4307
authorized by the Revised Code, the director of job and family	4308
services may adopt rules governing public children services	4309
agencies' performance of their family services duties, including	4310
the family services duties that public children services agencies	4311
have under sections 5153.16 to 5153.19 of the Revised Code.	4312

Sec. 5153.17.  The public children services agency shall	4313
prepare and keep written records of investigations of families,	4314
children, and foster homes, and of the care, training, and	4315
treatment afforded children, and shall prepare and keep such other	4316
records as are required by the department of job and family	4317
services. Such records shall be confidential, but, except as	4318
provided by division (B) of section 3107.17 of the Revised Code,	4319
shall be open to inspection by the agency, the director of job and	4320
family services, the director of the county department of job and	4321
family services, and by other persons, upon the written permission	4322
of the executive secretarydirector.	4323

Section 2. That existing sections 109.57, 109.572, 109.60,	4324
1347.08, 1717.14, 2151.011, 2151.281, 2151.353, 2151.416,	4325
2151.421, 3107.014, 3107.015, 3107.016, 3107.031, 3107.032,	4326
3109.16, 3109.17, 5101.141, 5101.29, 5101.35, 5101.72, 5101.99,	4327
5103.031, 5103.033, 5103.034, 5103.035, 5103.036, 5103.038,	4328
5103.039, 5103.0311, 5103.0312, 5103.0313, 5103.0315, 5103.07,	4329
5103.12, 5104.01, 5104.11, 5104.31, 5153.01, 5153.111, 5153.122,	4330
5153.16, 5153.17, 5153.60, 5153.61, 5153.62, 5153.63, 5153.64,	4331
5153.65, 5153.66, 5153.67, 5153.70, 5153.71, 5153.72, 5153.73,	4332
5153.74, 5153.75, 5153.76, 5153.77, and 5153.78 and sections	4333
5103.037, 5103.13, 5103.131, 5153.68, and 5153.69 of the Revised	4334
Code are hereby repealed.	4335

Section 3.  Section 109.572 of the Revised Code is presented	4336
in this act as a composite of the section as amended by both Am.	4337
Sub. H.B. 11 and Am. Sub. H.B. 117 of the 125th General Assembly	4338
and Am. Sub. H.B. 68 of the 126th General Assembly. Section	4339
2151.011 of the Revised Code is presented in this act as a	4340
composite of the section as amended by both Am. Sub. H.B. 11 and	4341
Am. Sub. H.B. 106 of the 125th General Assembly. Section 2151.421	4342
of the Revised Code is presented in this act as a composite of the	4343
section as amended by both Sub. S.B. 66 and Sub. S.B. 185 of the	4344
125th General Assembly. The General Assembly, applying the	4345
principle stated in division (B) of section 1.52 of the Revised	4346
Code that amendments are to be harmonized if reasonably capable of	4347
simultaneous operation, finds that the composites are the	4348
resulting version of the sections in effect prior to the effective	4349
dates of the sections as presented in this act.	4350