As Passed by the House

126th General Assembly Regular Session 2005-2006

Sub. S. B. No. 238

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

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

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A BILL

To amend sections 109.57, 109.572, 109.60, 1347.08,

1

1717.14, 2151.011, 2151.281, 2151.353, 2151.416,

2

2151.421, 3107.014, 3107.015, 3107.016, 3107.17,

3

3109.16, 3109.17, 5101.141, 5101.29, 5101.35,

4

5101.72, 5101.99, 5103.031, 5103.033, 5103.034,

5

5103.035, 5103.036, 5103.038, 5103.039, 5103.0311,

6

5103.0312, 5103.0313, 5103.0315, 5103.07, 5104.01,

7

5104.11, 5104.31, 5153.01, 5153.111, 5153.122,

8

5153.16, 5153.17, 5153.60, 5153.61, 5153.62,

9

5153.63, 5153.64, 5153.65, 5153.66, 5153.67,

10

5153.70, 5153.71, 5153.72, 5153.73, 5153.74,

11

5153.75, 5153.76, 5153.77, and 5153.78; to amend,

12

for the purpose of adopting new section numbers as

13

indicated in parentheses, sections 5153.60

14

(5103.30), 5153.61 (5103.35), 5153.62 (5103.36),

15

5153.63 (5103.362), 5153.64 (5103.363), 5153.65

16

(5103.37), 5153.66 (5103.39), 5153.67 (5103.391),

17

5153.70 (5103.38), 5153.71 (5103.41), 5153.72

18

(5103.42), 5153.73 (5103.421), 5153.74 (5103.422),

19

5153.75 (5153.125), 5153.76 (5153.126), 5153.77

20

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

21

sections 2151.423, 5101.13, 5101.131, 5101.132,

22

5101.133, 5101.134, 5103.301, 5103.302, 5103.303,

23

5103.31, 5103.33, 5103.34, 5103.361, 5103.40,

24

5153.123, 5153.124, and 5153.166; and to repeal

25

sections 5103.037, 5153.68, and 5153.69 of the

26

Revised Code to revise the law governing child

27

welfare and other laws regarding the Department of

28

Job and Family Services.

29

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

Section 1. That sections 109.57, 109.572, 109.60, 1347.08,	30
1717.14, 2151.011, 2151.281, 2151.353, 2151.416, 2151.421,	31
3107.014, 3107.015, 3107.016, 3107.17, 3109.16, 3109.17, 5101.141,	32
5101.29, 5101.35, 5101.72, 5101.99, 5103.031, 5103.033, 5103.034,	33
5103.035, 5103.036, 5103.038, 5103.039, 5103.0311, 5103.0312,	34
5103.0313, 5103.0315, 5103.07, 5104.01, 5104.11, 5104.31, 5153.01,	35
5153.111, 5153.122, 5153.16, 5153.17, 5153.60, 5153.61, 5153.62,	36
5153.63, 5153.64, 5153.65, 5153.66, 5153.67, 5153.70, 5153.71,	37
5153.72, 5153.73, 5153.74, 5153.75, 5153.76, 5153.77, and 5153.78	38
be amended; sections 5153.60 (5103.30), 5153.61 (5103.35), 5153.62	39
(5103.36), 5153.63 (5103.362), 5153.64 (5103.363), 5153.65	40
(5103.37), 5153.66 (5103.39), 5153.67 (5103.391), 5153.70	41
(5103.38), 5153.71 (5103.41), 5153.72 (5103.42), 5153.73	42
(5103.421), 5153.74 (5103.422), 5153.75 (5153.125), 5153.76	43
(5153.126), 5153.77 (5153.127), and 5153.78 (5103.32) be amended	44
for the purpose of adopting new section numbers as indicated in	45
parentheses; and sections 2151.423, 5101.13, 5101.131, 5101.132,	46
5101.133, 5101.134, 5103.301, 5103.302, 5103.303, 5103.31,	47
5103.33, 5103.34, 5103.361, 5103.40, 5153.123, 5153.124, and	48
5153.166 of the Revised Code be enacted to read as follows:	49

Sec. 109.57.  (A)(1) The superintendent of the bureau of	50
criminal identification and investigation shall procure from	51
wherever procurable and file for record photographs, pictures,	52
descriptions, fingerprints, measurements, and other information	53
that may be pertinent of all persons who have been convicted of	54
committing within this state a felony, any crime constituting a	55
misdemeanor on the first offense and a felony on subsequent	56
offenses, or any misdemeanor described in division (A)(1)(a) or	57
(A)(10)(a) of section 109.572 of the Revised Code, of all children	58
under eighteen years of age who have been adjudicated delinquent	59
children for committing within this state an act that would be a	60
felony or an offense of violence if committed by an adult or who	61
have been convicted of or pleaded guilty to committing within this	62
state a felony or an offense of violence, and of all well-known	63
and habitual criminals. The person in charge of any county,	64
multicounty, municipal, municipal-county, or multicounty-municipal	65
jail or workhouse, community-based correctional facility, halfway	66
house, alternative residential facility, or state correctional	67
institution and the person in charge of any state institution	68
having custody of a person suspected of having committed a felony,	69
any crime constituting a misdemeanor on the first offense and a	70
felony on subsequent offenses, or any misdemeanor described in	71
division (A)(1)(a) or (A)(10)(a) of section 109.572 of the Revised	72
Code or having custody of a child under eighteen years of age with	73
respect to whom there is probable cause to believe that the child	74
may have committed an act that would be a felony or an offense of	75
violence if committed by an adult shall furnish such material to	76
the superintendent of the bureau. Fingerprints, photographs, or	77
other descriptive information of a child who is under eighteen	78
years of age, has not been arrested or otherwise taken into	79
custody for committing an act that would be a felony or an offense	80
of violence if committed by an adult, has not been adjudicated a	81
delinquent child for committing an act that would be a felony or	82
an offense of violence if committed by an adult, has not been	83
convicted of or pleaded guilty to committing a felony or an	84
offense of violence, and is not a child with respect to whom there	85
is probable cause to believe that the child may have committed an	86
act that would be a felony or an offense of violence if committed	87
by an adult shall not be procured by the superintendent or	88
furnished by any person in charge of any county, multicounty,	89
municipal, municipal-county, or multicounty-municipal jail or	90
workhouse, community-based correctional facility, halfway house,	91
alternative residential facility, or state correctional	92
institution, except as authorized in section 2151.313 of the	93
Revised Code.	94

(2) Every clerk of a court of record in this state, other	95
than the supreme court or a court of appeals, shall send to the	96
superintendent of the bureau a weekly report containing a summary	97
of each case involving a felony, involving any crime constituting	98
a misdemeanor on the first offense and a felony on subsequent	99
offenses, involving a misdemeanor described in division (A)(1)(a)	100
or (A)(10)(a) of section 109.572 of the Revised Code, or involving	101
an adjudication in a case in which a child under eighteen years of	102
age was alleged to be a delinquent child for committing an act	103
that would be a felony or an offense of violence if committed by	104
an adult. The clerk of the court of common pleas shall include in	105
the report and summary the clerk sends under this division all	106
information described in divisions (A)(2)(a) to (f) of this	107
section regarding a case before the court of appeals that is	108
served by that clerk. The summary shall be written on the standard	109
forms furnished by the superintendent pursuant to division (B) of	110
this section and shall include the following information:	111

(a) The incident tracking number contained on the standard	112
forms furnished by the superintendent pursuant to division (B) of	113
this section;	114

(b) The style and number of the case;

115

(c) The date of arrest;

116

(d) The date that the person was convicted of or pleaded	117
guilty to the offense, adjudicated a delinquent child for	118
committing the act that would be a felony or an offense of	119
violence if committed by an adult, found not guilty of the	120
offense, or found not to be a delinquent child for committing an	121
act that would be a felony or an offense of violence if committed	122
by an adult, the date of an entry dismissing the charge, an entry	123
declaring a mistrial of the offense in which the person is	124
discharged, an entry finding that the person or child is not	125
competent to stand trial, or an entry of a nolle prosequi, or the	126
date of any other determination that constitutes final resolution	127
of the case;	128

(e) A statement of the original charge with the section of	129
the Revised Code that was alleged to be violated;	130

(f) If the person or child was convicted, pleaded guilty, or	131
was adjudicated a delinquent child, the sentence or terms of	132
probation imposed or any other disposition of the offender or the	133
delinquent child.	134

If the offense involved the disarming of a law enforcement	135
officer or an attempt to disarm a law enforcement officer, the	136
clerk shall clearly state that fact in the summary, and the	137
superintendent shall ensure that a clear statement of that fact is	138
placed in the bureau's records.	139

(3) The superintendent shall cooperate with and assist	140
sheriffs, chiefs of police, and other law enforcement officers in	141
the establishment of a complete system of criminal identification	142
and in obtaining fingerprints and other means of identification of	143
all persons arrested on a charge of a felony, any crime	144
constituting a misdemeanor on the first offense and a felony on	145
subsequent offenses, or a misdemeanor described in division	146
(A)(1)(a) or (A)(10)(a) of section 109.572 of the Revised Code and	147
of all children under eighteen years of age arrested or otherwise	148
taken into custody for committing an act that would be a felony or	149
an offense of violence if committed by an adult. The	150
superintendent also shall file for record the fingerprint	151
impressions of all persons confined in a county, multicounty,	152
municipal, municipal-county, or multicounty-municipal jail or	153
workhouse, community-based correctional facility, halfway house,	154
alternative residential facility, or state correctional	155
institution for the violation of state laws and of all children	156
under eighteen years of age who are confined in a county,	157
multicounty, municipal, municipal-county, or multicounty-municipal	158
jail or workhouse, community-based correctional facility, halfway	159
house, alternative residential facility, or state correctional	160
institution or in any facility for delinquent children for	161
committing an act that would be a felony or an offense of violence	162
if committed by an adult, and any other information that the	163
superintendent may receive from law enforcement officials of the	164
state and its political subdivisions.	165

(4) The superintendent shall carry out Chapter 2950. of the	166
Revised Code with respect to the registration of persons who are	167
convicted of or plead guilty to either a sexually oriented offense	168
that is not a registration-exempt sexually oriented offense or a	169
child-victim oriented offense and with respect to all other duties	170
imposed on the bureau under that chapter.	171

(5) The bureau shall perform centralized recordkeeping	172
functions for criminal history records and services in this state	173
for purposes of the national crime prevention and privacy compact	174
set forth in section 109.571 of the Revised Code and is the	175
criminal history record repository as defined in that section for	176
purposes of that compact. The superintendent or the	177
superintendent's designee is the compact officer for purposes of	178
that compact and shall carry out the responsibilities of the	179
compact officer specified in that compact.	180

(B) The superintendent shall prepare and furnish to every	181
county, multicounty, municipal, municipal-county, or	182
multicounty-municipal jail or workhouse, community-based	183
correctional facility, halfway house, alternative residential	184
facility, or state correctional institution and to every clerk of	185
a court in this state specified in division (A)(2) of this section	186
standard forms for reporting the information required under	187
division (A) of this section. The standard forms that the	188
superintendent prepares pursuant to this division may be in a	189
tangible format, in an electronic format, or in both tangible	190
formats and electronic formats.	191

(C) The superintendent may operate a center for electronic,	192
automated, or other data processing for the storage and retrieval	193
of information, data, and statistics pertaining to criminals and	194
to children under eighteen years of age who are adjudicated	195
delinquent children for committing an act that would be a felony	196
or an offense of violence if committed by an adult, criminal	197
activity, crime prevention, law enforcement, and criminal justice,	198
and may establish and operate a statewide communications network	199
to gather and disseminate information, data, and statistics for	200
the use of law enforcement agencies. The superintendent may	201
gather, store, retrieve, and disseminate information, data, and	202
statistics that pertain to children who are under eighteen years	203
of age and that are gathered pursuant to sections 109.57 to 109.61	204
of the Revised Code together with information, data, and	205
statistics that pertain to adults and that are gathered pursuant	206
to those sections. In addition to any other authorized use of	207
information, data, and statistics of that nature, the	208
superintendent or the superintendent's designee may provide and	209
exchange the information, data, and statistics pursuant to the	210
national crime prevention and privacy compact as described in	211
division (A)(5) of this section.	212

(D) The information and materials furnished to the	213
superintendent pursuant to division (A) of this section and	214
information and materials furnished to any board or person under	215
division (F) or (G) of this section are not public records under	216
section 149.43 of the Revised Code.	217

(E) The attorney general shall adopt rules, in accordance	218
with Chapter 119. of the Revised Code, setting forth the procedure	219
by which a person may receive or release information gathered by	220
the superintendent pursuant to division (A) of this section. A	221
reasonable fee may be charged for this service. If a temporary	222
employment service submits a request for a determination of	223
whether a person the service plans to refer to an employment	224
position has been convicted of or pleaded guilty to an offense	225
listed in division (A)(1), (3), (4), (5), or (6) of section	226
109.572 of the Revised Code, the request shall be treated as a	227
single request and only one fee shall be charged.	228

(F)(1) As used in division (F)(2) of this section, "head	229
start agency" means an entity in this state that has been approved	230
to be an agency for purposes of subchapter II of the "Community	231
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	232
as amended.	233

(2)(a) In addition to or in conjunction with any request that	234
is required to be made under section 109.572, 2151.86, 3301.32,	235
3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 5123.081,	236
5126.28, 5126.281, or 5153.111 of the Revised Code, the board of	237
education of any school district; the director of mental	238
retardation and developmental disabilities; any county board of	239
mental retardation and developmental disabilities; any entity	240
under contract with a county board of mental retardation and	241
developmental disabilities; the chief administrator of any	242
chartered nonpublic school; the chief administrator of any home	243
health agency; the chief administrator of or person operating any	244
child day-care center, type A family day-care home, or type B	245
family day-care home licensed or certified under Chapter 5104. of	246
the Revised Code; the administrator of any type C family day-care	247
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st	248
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st	249
general assembly; the chief administrator of any head start	250
agency; or the executive director of a public children services	251
agency may request that the superintendent of the bureau	252
investigate and determine, with respect to any individual who has	253
applied for employment in any position after October 2, 1989, or	254
any individual wishing to apply for employment with a board of	255
education may request, with regard to the individual, whether the	256
bureau has any information gathered under division (A) of this	257
section that pertains to that individual. On receipt of the	258
request, the superintendent shall determine whether that	259
information exists and, upon request of the person, board, or	260
entity requesting information, also shall request from the federal	261
bureau of investigation any criminal records it has pertaining to	262
that individual. The superintendent or the superintendent's	263
designee also may request criminal history records from other	264
states or the federal government pursuant to the national crime	265
prevention and privacy compact set forth in section 109.571 of the	266
Revised Code. Within thirty days of the date that the	267
superintendent receives a request, the superintendent shall send	268
to the board, entity, or person a report of any information that	269
the superintendent determines exists, including information	270
contained in records that have been sealed under section 2953.32	271
of the Revised Code, and, within thirty days of its receipt, shall	272
send the board, entity, or person a report of any information	273
received from the federal bureau of investigation, other than	274
information the dissemination of which is prohibited by federal	275
law.	276

(b) When a board of education is required to receive	277
information under this section as a prerequisite to employment of	278
an individual pursuant to section 3319.39 of the Revised Code, it	279
may accept a certified copy of records that were issued by the	280
bureau of criminal identification and investigation and that are	281
presented by an individual applying for employment with the	282
district in lieu of requesting that information itself. In such a	283
case, the board shall accept the certified copy issued by the	284
bureau in order to make a photocopy of it for that individual's	285
employment application documents and shall return the certified	286
copy to the individual. In a case of that nature, a district only	287
shall accept a certified copy of records of that nature within one	288
year after the date of their issuance by the bureau.	289

(3) The state board of education may request, with respect to	290
any individual who has applied for employment after October 2,	291
1989, in any position with the state board or the department of	292
education, any information that a school district board of	293
education is authorized to request under division (F)(2) of this	294
section, and the superintendent of the bureau shall proceed as if	295
the request has been received from a school district board of	296
education under division (F)(2) of this section.	297

(4) When the superintendent of the bureau receives a request	298
for information under section 3319.291 of the Revised Code, the	299
superintendent shall proceed as if the request has been received	300
from a school district board of education under division (F)(2) of	301
this section.	302

(5) When a recipient of a classroom reading improvement grant	303
paid under section 3301.86 of the Revised Code requests, with	304
respect to any individual who applies to participate in providing	305
any program or service funded in whole or in part by the grant,	306
the information that a school district board of education is	307
authorized to request under division (F)(2)(a) of this section,	308
the superintendent of the bureau shall proceed as if the request	309
has been received from a school district board of education under	310
division (F)(2)(a) of this section.	311

(G) In addition to or in conjunction with any request that is	312
required to be made under section 3701.881, 3712.09, 3721.121, or	313
3722.151 of the Revised Code with respect to an individual who has	314
applied for employment in a position that involves providing	315
direct care to an older adult, the chief administrator of a home	316
health agency, hospice care program, home licensed under Chapter	317
3721. of the Revised Code, adult day-care program operated	318
pursuant to rules adopted under section 3721.04 of the Revised	319
Code, or adult care facility may request that the superintendent	320
of the bureau investigate and determine, with respect to any	321
individual who has applied after January 27, 1997, for employment	322
in a position that does not involve providing direct care to an	323
older adult, whether the bureau has any information gathered under	324
division (A) of this section that pertains to that individual.	325

In addition to or in conjunction with any request that is	326
required to be made under section 173.27 of the Revised Code with	327
respect to an individual who has applied for employment in a	328
position that involves providing ombudsperson services to	329
residents of long-term care facilities or recipients of	330
community-based long-term care services, the state long-term care	331
ombudsperson, ombudsperson's designee, or director of health may	332
request that the superintendent investigate and determine, with	333
respect to any individual who has applied for employment in a	334
position that does not involve providing such ombudsperson	335
services, whether the bureau has any information gathered under	336
division (A) of this section that pertains to that applicant.	337

In addition to or in conjunction with any request that is	338
required to be made under section 173.394 of the Revised Code with	339
respect to an individual who has applied for employment in a	340
position that involves providing direct care to an individual, the	341
chief administrator of a community-based long-term care agency may	342
request that the superintendent investigate and determine, with	343
respect to any individual who has applied for employment in a	344
position that does not involve providing direct care, whether the	345
bureau has any information gathered under division (A) of this	346
section that pertains to that applicant.	347

On receipt of a request under this division, the	348
superintendent shall determine whether that information exists	349
and, on request of the individual requesting information, shall	350
also request from the federal bureau of investigation any criminal	351
records it has pertaining to the applicant. The superintendent or	352
the superintendent's designee also may request criminal history	353
records from other states or the federal government pursuant to	354
the national crime prevention and privacy compact set forth in	355
section 109.571 of the Revised Code. Within thirty days of the	356
date a request is received, the superintendent shall send to the	357
requester a report of any information determined to exist,	358
including information contained in records that have been sealed	359
under section 2953.32 of the Revised Code, and, within thirty days	360
of its receipt, shall send the requester a report of any	361
information received from the federal bureau of investigation,	362
other than information the dissemination of which is prohibited by	363
federal law.	364

(H) Information obtained by a government entity or person	365
under this section is confidential and shall not be released or	366
disseminated.	367

(I) The superintendent may charge a reasonable fee for	368
providing information or criminal records under division (F)(2) or	369
(G) of this section.	370

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	371
section 121.08, 3301.32, 3301.541, 3319.39, 5104.012, or 5104.013,	372
or 5153.111 of the Revised Code, a completed form prescribed	373
pursuant to division (C)(1) of this section, and a set of	374
fingerprint impressions obtained in the manner described in	375
division (C)(2) of this section, the superintendent of the bureau	376
of criminal identification and investigation shall conduct a	377
criminal records check in the manner described in division (B) of	378
this section to determine whether any information exists that	379
indicates that the person who is the subject of the request	380
previously has been convicted of or pleaded guilty to any of the	381
following:	382

(a) A violation of section 2903.01, 2903.02, 2903.03,	383
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	384
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	385
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	386
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	387
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	388
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	389
2925.06, or 3716.11 of the Revised Code, felonious sexual	390
penetration in violation of former section 2907.12 of the Revised	391
Code, a violation of section 2905.04 of the Revised Code as it	392
existed prior to July 1, 1996, a violation of section 2919.23 of	393
the Revised Code that would have been a violation of section	394
2905.04 of the Revised Code as it existed prior to July 1, 1996,	395
had the violation been committed prior to that date, or a	396
violation of section 2925.11 of the Revised Code that is not a	397
minor drug possession offense;	398

(b) A violation of an existing or former law of this state,	399
any other state, or the United States that is substantially	400
equivalent to any of the offenses listed in division (A)(1)(a) of	401
this section.	402

(2) On receipt of a request pursuant to section 5123.081 of	403
the Revised Code with respect to an applicant for employment in	404
any position with the department of mental retardation and	405
developmental disabilities, pursuant to section 5126.28 of the	406
Revised Code with respect to an applicant for employment in any	407
position with a county board of mental retardation and	408
developmental disabilities, or pursuant to section 5126.281 of the	409
Revised Code with respect to an applicant for employment in a	410
direct services position with an entity contracting with a county	411
board for employment, a completed form prescribed pursuant to	412
division (C)(1) of this section, and a set of fingerprint	413
impressions obtained in the manner described in division (C)(2) of	414
this section, the superintendent of the bureau of criminal	415
identification and investigation shall conduct a criminal records	416
check. The superintendent shall conduct the criminal records check	417
in the manner described in division (B) of this section to	418
determine whether any information exists that indicates that the	419
person who is the subject of the request has been convicted of or	420
pleaded guilty to any of the following:	421

(a) A violation of section 2903.01, 2903.02, 2903.03,	422
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	423
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,	424
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,	425
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	426
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,	427
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,	428
2925.03, or 3716.11 of the Revised Code;	429

(b) An existing or former municipal ordinance or law of this	430
state, any other state, or the United States that is substantially	431
equivalent to any of the offenses listed in division (A)(2)(a) of	432
this section.	433

(3) On receipt of a request pursuant to section 173.27,	434
173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a	435
completed form prescribed pursuant to division (C)(1) of this	436
section, and a set of fingerprint impressions obtained in the	437
manner described in division (C)(2) of this section, the	438
superintendent of the bureau of criminal identification and	439
investigation shall conduct a criminal records check with respect	440
to any person who has applied for employment in a position for	441
which a criminal records check is required by those sections. The	442
superintendent shall conduct the criminal records check in the	443
manner described in division (B) of this section to determine	444
whether any information exists that indicates that the person who	445
is the subject of the request previously has been convicted of or	446
pleaded guilty to any of the following:	447

(a) A violation of section 2903.01, 2903.02, 2903.03,	448
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	449
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	450
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	451
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	452
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	453
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	454
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	455
2925.22, 2925.23, or 3716.11 of the Revised Code;	456

(b) An existing or former law of this state, any other state,	457
or the United States that is substantially equivalent to any of	458
the offenses listed in division (A)(3)(a) of this section.	459

(4) On receipt of a request pursuant to section 3701.881 of	460
the Revised Code with respect to an applicant for employment with	461
a home health agency as a person responsible for the care,	462
custody, or control of a child, a completed form prescribed	463
pursuant to division (C)(1) of this section, and a set of	464
fingerprint impressions obtained in the manner described in	465
division (C)(2) of this section, the superintendent of the bureau	466
of criminal identification and investigation shall conduct a	467
criminal records check. The superintendent shall conduct the	468
criminal records check in the manner described in division (B) of	469
this section to determine whether any information exists that	470
indicates that the person who is the subject of the request	471
previously has been convicted of or pleaded guilty to any of the	472
following:	473

(a) A violation of section 2903.01, 2903.02, 2903.03,	474
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	475
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	476
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	477
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	478
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	479
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	480
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	481
violation of section 2925.11 of the Revised Code that is not a	482
minor drug possession offense;	483

(b) An existing or former law of this state, any other state,	484
or the United States that is substantially equivalent to any of	485
the offenses listed in division (A)(4)(a) of this section.	486

(5) On receipt of a request pursuant to section 5111.95 or	487
5111.96 of the Revised Code with respect to an applicant for	488
employment with a waiver agency participating in a department of	489
job and family services administered home and community-based	490
waiver program or an independent provider participating in a	491
department administered home and community-based waiver program in	492
a position that involves providing home and community-based waiver	493
services to consumers with disabilities, a completed form	494
prescribed pursuant to division (C)(1) of this section, and a set	495
of fingerprint impressions obtained in the manner described in	496
division (C)(2) of this section, the superintendent of the bureau	497
of criminal identification and investigation shall conduct a	498
criminal records check. The superintendent shall conduct the	499
criminal records check in the manner described in division (B) of	500
this section to determine whether any information exists that	501
indicates that the person who is the subject of the request	502
previously has been convicted of or pleaded guilty to any of the	503
following:	504

(a) A violation of section 2903.01, 2903.02, 2903.03,	505
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	506
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	507
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	508
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	509
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13,	510
2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40,	511
2913.43, 2913.47, 2913.51, 2919.12, 2919.24, 2919.25, 2921.36,	512
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	513
2925.06, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the	514
Revised Code, felonious sexual penetration in violation of former	515
section 2907.12 of the Revised Code, a violation of section	516
2905.04 of the Revised Code as it existed prior to July 1, 1996, a	517
violation of section 2919.23 of the Revised Code that would have	518
been a violation of section 2905.04 of the Revised Code as it	519
existed prior to July 1, 1996, had the violation been committed	520
prior to that date;	521

(b) An existing or former law of this state, any other state,	522
or the United States that is substantially equivalent to any of	523
the offenses listed in division (A)(5)(a) of this section.	524

(6) On receipt of a request pursuant to section 3701.881 of	525
the Revised Code with respect to an applicant for employment with	526
a home health agency in a position that involves providing direct	527
care to an older adult, a completed form prescribed pursuant to	528
division (C)(1) of this section, and a set of fingerprint	529
impressions obtained in the manner described in division (C)(2) of	530
this section, the superintendent of the bureau of criminal	531
identification and investigation shall conduct a criminal records	532
check. The superintendent shall conduct the criminal records check	533
in the manner described in division (B) of this section to	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 of the following:	537

(a) A violation of section 2903.01, 2903.02, 2903.03,	538
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	539
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	540
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	541
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	542
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	543
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	544
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	545
2925.22, 2925.23, or 3716.11 of the Revised Code;	546

(b) An existing or former law of this state, any other state,	547
or the United States that is substantially equivalent to any of	548
the offenses listed in division (A)(6)(a) of this section.	549

(7) When conducting a criminal records check upon a request	550
pursuant to section 3319.39 of the Revised Code for an applicant	551
who is a teacher, in addition to the determination made under	552
division (A)(1) of this section, the superintendent shall	553
determine whether any information exists that indicates that the	554
person who is the subject of the request previously has been	555
convicted of or pleaded guilty to any offense specified in section	556
3319.31 of the Revised Code.	557

(8) On a request pursuant to section 2151.86 of the Revised	558
Code, a completed form prescribed pursuant to division (C)(1) of	559
this section, and a set of fingerprint impressions obtained in the	560
manner described in division (C)(2) of this section, the	561
superintendent of the bureau of criminal identification and	562
investigation shall conduct a criminal records check in the manner	563
described in division (B) of this section to determine whether any	564
information exists that indicates that the person who is the	565
subject of the request previously has been convicted of or pleaded	566
guilty to any of the following:	567

(a) A violation of section 2903.01, 2903.02, 2903.03,	568
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	569
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	570
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	571
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	572
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	573
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	574
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a	575
violation of section 2905.04 of the Revised Code as it existed	576
prior to July 1, 1996, a violation of section 2919.23 of the	577
Revised Code that would have been a violation of section 2905.04	578
of the Revised Code as it existed prior to July 1, 1996, had the	579
violation been committed prior to that date, a violation of	580
section 2925.11 of the Revised Code that is not a minor drug	581
possession offense, or felonious sexual penetration in violation	582
of former section 2907.12 of the Revised Code;	583

(b) A violation of an existing or former law of this state,	584
any other state, or the United States that is substantially	585
equivalent to any of the offenses listed in division (A)(8)(a) of	586
this section.	587

(9) When conducting a criminal records check on a request	588
pursuant to section 5104.013 of the Revised Code for a person who	589
is an owner, licensee, or administrator of a child day-care center	590
or type A family day-care home or, an authorized provider of a	591
certified type B family day-care home, or an adult residing in a	592
type A or certified type B home, or when conducting a criminal	593
records check or a request pursuant to section 5104.012 of the	594
Revised Code for a person who is an applicant for employment in a	595
center, type A home, or certified type B home, the superintendent,	596
in addition to the determination made under division (A)(1) of	597
this section, shall determine whether any information exists that	598
indicates that the person has been convicted of or pleaded guilty	599
to any of the following:	600

(a) A violation of section 2913.02, 2913.03, 2913.04,	601
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	602
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	603
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11,	604
2921.13, or 2923.01 of the Revised Code, a violation of section	605
2923.02 or 2923.03 of the Revised Code that relates to a crime	606
specified in this division or division (A)(1)(a) of this section,	607
or a second violation of section 4511.19 of the Revised Code	608
within five years of the date of application for licensure or	609
certification.	610

(b) A violation of an existing or former law of this state,	611
any other state, or the United States that is substantially	612
equivalent to any of the offenses or violations described in	613
division (A)(9)(a) of this section.	614

(10) Upon receipt of a request pursuant to section 5153.111	615
of the Revised Code, a completed form prescribed pursuant to	616
division (C)(1) of this section, and a set of fingerprint	617
impressions obtained in the manner described in division (C)(2) of	618
this section, the superintendent of the bureau of criminal	619
identification and investigation shall conduct a criminal records	620
check in the manner described in division (B) of this section to	621
determine whether any information exists that indicates that the	622
person who is the subject of the request previously has been	623
convicted of or pleaded guilty to any of the following:	624

(a) A violation of section 2903.01, 2903.02, 2903.03,	625
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	626
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	627
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	628
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	629
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	630
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	631
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	632
felonious sexual penetration in violation of former section	633
2907.12 of the Revised Code, a violation of section 2905.04 of the	634
Revised Code as it existed prior to July 1, 1996, a violation of	635
section 2919.23 of the Revised Code that would have been a	636
violation of section 2905.04 of the Revised Code as it existed	637
prior to July 1, 1996, had the violation been committed prior to	638
that date, or a violation of section 2925.11 of the Revised Code	639
that is not a minor drug possession offense;	640

(b) A violation of an existing or former law of this state,	641
any other state, or the United States that is substantially	642
equivalent to any of the offenses listed in division (A)(10)(a) of	643
this section.	644

(11) On receipt of a request for a criminal records check	645
from an individual pursuant to section 4749.03 or 4749.06 of the	646
Revised Code, accompanied by a completed copy of the form	647
prescribed in division (C)(1) of this section and a set of	648
fingerprint impressions obtained in a manner described in division	649
(C)(2) of this section, the superintendent of the bureau of	650
criminal identification and investigation shall conduct a criminal	651
records check in the manner described in division (B) of this	652
section to determine whether any information exists indicating	653
that the person who is the subject of the request has been	654
convicted of or pleaded guilty to a felony in this state or in any	655
other state. If the individual indicates that a firearm will be	656
carried in the course of business, the superintendent shall	657
require information from the federal bureau of investigation as	658
described in division (B)(2) of this section. The superintendent	659
shall report the findings of the criminal records check and any	660
information the federal bureau of investigation provides to the	661
director of public safety.	662

(11)(12) Not later than thirty days after the date the	663
superintendent receives the request, completed form, and	664
fingerprint impressions, the superintendent shall send the person,	665
board, or entity that made the request any information, other than	666
information the dissemination of which is prohibited by federal	667
law, the superintendent determines exists with respect to the	668
person who is the subject of the request that indicates that the	669
person previously has been convicted of or pleaded guilty to any	670
offense listed or described in division (A)(1), (2), (3), (4),	671
(5), (6), (7), (8), (9), or (10), or (11) of this section, as	672
appropriate. The superintendent shall send the person, board, or	673
entity that made the request a copy of the list of offenses	674
specified in division (A)(1), (2), (3), (4), (5), (6), (7), (8),	675
(9), or (10), or (11) of this section, as appropriate. If the	676
request was made under section 3701.881 of the Revised Code with	677
regard to an applicant who may be both responsible for the care,	678
custody, or control of a child and involved in providing direct	679
care to an older adult, the superintendent shall provide a list of	680
the offenses specified in divisions (A)(4) and (6) of this	681
section.	682

(B) The superintendent shall conduct any criminal records	683
check requested under section 121.08, 173.27, 173.394, 2151.86,	684
3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151,	685
4749.03, 4749.06, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081,	686
5126.28, 5126.281, or 5153.111 of the Revised Code as follows:	687

(1) The superintendent shall review or cause to be reviewed	688
any relevant information gathered and compiled by the bureau under	689
division (A) of section 109.57 of the Revised Code that relates to	690
the person who is the subject of the request, including any	691
relevant information contained in records that have been sealed	692
under section 2953.32 of the Revised Code;	693

(2) If the request received by the superintendent asks for	694
information from the federal bureau of investigation, the	695
superintendent shall request from the federal bureau of	696
investigation any information it has with respect to the person	697
who is the subject of the request and shall review or cause to be	698
reviewed any information the superintendent receives from that	699
bureau.	700

(3) The superintendent or the superintendent's designee may	701
request criminal history records from other states or the federal	702
government pursuant to the national crime prevention and privacy	703
compact set forth in section 109.571 of the Revised Code.	704

(C)(1) The superintendent shall prescribe a form to obtain	705
the information necessary to conduct a criminal records check from	706
any person for whom a criminal records check is required by	707
section 121.08, 173.27, 173.394, 2151.86, 3301.32, 3301.541,	708
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06,	709
5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281,	710
or 5153.111 of the Revised Code. The form that the superintendent	711
prescribes pursuant to this division may be in a tangible format,	712
in an electronic format, or in both tangible and electronic	713
formats.	714

(2) The superintendent shall prescribe standard impression	715
sheets to obtain the fingerprint impressions of any person for	716
whom a criminal records check is required by section 121.08,	717
173.27, 173.394, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	718
3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 5104.012, 5104.013,	719
5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the	720
Revised Code. Any person for whom a records check is required by	721
any of those sections shall obtain the fingerprint impressions at	722
a county sheriff's office, municipal police department, or any	723
other entity with the ability to make fingerprint impressions on	724
the standard impression sheets prescribed by the superintendent.	725
The office, department, or entity may charge the person a	726
reasonable fee for making the impressions. The standard impression	727
sheets the superintendent prescribes pursuant to this division may	728
be in a tangible format, in an electronic format, or in both	729
tangible and electronic formats.	730

(3) Subject to division (D) of this section, the	731
superintendent shall prescribe and charge a reasonable fee for	732
providing a criminal records check requested under section 121.08,	733
173.27, 173.394, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	734
3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 5104.012, 5104.013,	735
5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the	736
Revised Code. The person making a criminal records request under	737
section 121.08, 173.27, 173.394, 2151.86, 3301.32, 3301.541,	738
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06,	739
5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281,	740
or 5153.111 of the Revised Code shall pay the fee prescribed	741
pursuant to this division. A person making a request under section	742
3701.881 of the Revised Code for a criminal records check for an	743
applicant who may be both responsible for the care, custody, or	744
control of a child and involved in providing direct care to an	745
older adult shall pay one fee for the request.	746

(4) The superintendent of the bureau of criminal	747
identification and investigation may prescribe methods of	748
forwarding fingerprint impressions and information necessary to	749
conduct a criminal records check, which methods shall include, but	750
not be limited to, an electronic method.	751

(D) A determination whether any information exists that	752
indicates that a person previously has been convicted of or	753
pleaded guilty to any offense listed or described in division	754
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	755
(b), (A)(5)(a) or (b), (A)(6), (A)(7)(a) or (b), (A)(8)(a) or (b),	756
or (A)(9)(a) or (b), or (A)(10)(a) or (b) of this section that is	757
made by the superintendent with respect to information considered	758
in a criminal records check in accordance with this section is	759
valid for the person who is the subject of the criminal records	760
check for a period of one year from the date upon which the	761
superintendent makes the determination. During the period in which	762
the determination in regard to a person is valid, if another	763
request under this section is made for a criminal records check	764
for that person, the superintendent shall provide the information	765
that is the basis for the superintendent's initial determination	766
at a lower fee than the fee prescribed for the initial criminal	767
records check.	768

(E) As used in this section:

769

(1) "Criminal records check" means any criminal records check	770
conducted by the superintendent of the bureau of criminal	771
identification and investigation in accordance with division (B)	772
of this section.	773

(2) "Home and community-based waiver services" and "waiver	774
agency" have the same meanings as in section 5111.95 of the	775
Revised Code.	776

(3) "Independent provider" has the same meaning as in section	777
5111.96 of the Revised Code.	778

(4) "Minor drug possession offense" has the same meaning as	779
in section 2925.01 of the Revised Code.	780

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

781

Sec. 109.60.  (A)(1) The sheriffs of the several counties and	782
the chiefs of police of cities, immediately upon the arrest of any	783
person for any felony, on suspicion of any felony, for a crime	784
constituting a misdemeanor on the first offense and a felony on	785
subsequent offenses, or for any misdemeanor described in division	786
(A)(1)(a) or (A)(10)(a) of section 109.572 of the Revised Code,	787
and immediately upon the arrest or taking into custody of any	788
child under eighteen years of age for committing an act that would	789
be a felony or an offense of violence if committed by an adult or	790
upon probable cause to believe that a child of that age may have	791
committed an act that would be a felony or an offense of violence	792
if committed by an adult, shall take the person's or child's	793
fingerprints, or cause the same to be taken, according to the	794
fingerprint system of identification on the forms furnished by the	795
superintendent of the bureau of criminal identification and	796
investigation, and immediately shall forward copies of the	797
completed forms, any other description that may be required, and	798
the history of the offense committed to the bureau to be	799
classified and filed and to the clerk of the court having	800
jurisdiction over the prosecution of the offense or over the	801
adjudication relative to the act.	802

(2) If a sheriff or chief of police has not taken, or caused	803
to be taken, a person's or child's fingerprints in accordance with	804
division (A)(1) of this section by the time of the arraignment or	805
first appearance of the person or child, the court shall order the	806
person or child to appear before the sheriff or chief of police	807
within twenty-four hours to have the person's or child's	808
fingerprints taken. The sheriff or chief of police shall take the	809
person's or child's fingerprints, or cause the fingerprints to be	810
taken, according to the fingerprint system of identification on	811
the forms furnished by the superintendent of the bureau of	812
criminal identification and investigation and, immediately after	813
the person's or child's arraignment or first appearance, forward	814
copies of the completed forms, any other description that may be	815
required, and the history of the offense committed to the bureau	816
to be classified and filed and to the clerk of the court.	817

(3) Every court with jurisdiction over a case involving a	818
person or child with respect to whom division (A)(1) of this	819
section requires a sheriff or chief of police to take the person's	820
or child's fingerprints shall inquire at the time of the person's	821
or child's sentencing or adjudication whether or not the person or	822
child has been fingerprinted pursuant to division (A)(1) or (2) of	823
this section for the original arrest upon which the sentence or	824
adjudication is based. If the person or child was not	825
fingerprinted for the original arrest upon which the sentence or	826
adjudication is based, the court shall order the person or child	827
to appear before the sheriff or chief of police within twenty-four	828
hours to have the person's or child's fingerprints taken. The	829
sheriff or chief of police shall take the person's or child's	830
fingerprints, or cause the fingerprints to be taken, according to	831
the fingerprint system of identification on the forms furnished by	832
the superintendent of the bureau of criminal identification and	833
investigation and immediately forward copies of the completed	834
forms, any other description that may be required, and the history	835
of the offense committed to the bureau to be classified and filed	836
and to the clerk of the court.	837

(4) If a person or child is in the custody of a law	838
enforcement agency or a detention facility, as defined in section	839
2921.01 of the Revised Code, and the chief law enforcement officer	840
or chief administrative officer of the detention facility	841
discovers that a warrant has been issued or a bill of information	842
has been filed alleging the person or child to have committed an	843
offense or act other than the offense or act for which the person	844
or child is in custody, and the other alleged offense or act is	845
one for which fingerprints are to be taken pursuant to division	846
(A)(1) of this section, the law enforcement agency or detention	847
facility shall take the fingerprints of the person or child, or	848
cause the fingerprints to be taken, according to the fingerprint	849
system of identification on the forms furnished by the	850
superintendent of the bureau of criminal identification and	851
investigation and immediately forward copies of the completed	852
forms, any other description that may be required, and the history	853
of the offense committed to the bureau to be classified and filed	854
and to the clerk of the court that issued the warrant or with	855
which the bill of information was filed.	856

(5) If an accused is found not guilty of the offense charged	857
or a nolle prosequi is entered in any case, or if any accused	858
child under eighteen years of age is found not to be a delinquent	859
child for committing an act that would be a felony or an offense	860
of violence if committed by an adult or not guilty of the felony	861
or offense of violence charged or a nolle prosequi is entered in	862
that case, the fingerprints and description shall be given to the	863
accused upon the accused's request.	864

(6) The superintendent shall compare the description received	865
with those already on file in the bureau, and, if the	866
superintendent finds that the person arrested or taken into	867
custody has a criminal record or a record as a delinquent child	868
for having committed an act that would be a felony or an offense	869
of violence if committed by an adult or is a fugitive from justice	870
or wanted by any jurisdiction in this or another state, the United	871
States, or a foreign country for any offense, the superintendent	872
at once shall inform the arresting officer, the officer taking the	873
person into custody, or the chief administrative officer of the	874
county, multicounty, municipal, municipal-county, or	875
multicounty-municipal jail or workhouse, community-based	876
correctional facility, halfway house, alternative residential	877
facility, or state correctional institution in which the person or	878
child is in custody of that fact and give appropriate notice to	879
the proper authorities in the jurisdiction in which the person is	880
wanted, or, if that jurisdiction is a foreign country, give	881
appropriate notice to federal authorities for transmission to the	882
foreign country. The names, under which each person whose	883
identification is filed is known, shall be alphabetically indexed	884
by the superintendent.	885

(B) Division (A) of this section does not apply to a violator	886
of a city ordinance unless the officers have reason to believe	887
that the violator is a past offender or the crime is one	888
constituting a misdemeanor on the first offense and a felony on	889
subsequent offenses, or unless it is advisable for the purpose of	890
subsequent identification. This section does not apply to any	891
child under eighteen years of age who was not arrested or	892
otherwise taken into custody for committing an act that would be a	893
felony or an offense of violence if committed by an adult or upon	894
probable cause to believe that a child of that age may have	895
committed an act that would be a felony or an offense of violence	896
if committed by an adult, except as provided in section 2151.313	897
of the Revised Code.	898

(C)(1) For purposes of division (C) of this section, a law	899
enforcement agency shall be considered to have arrested a person	900
if any law enforcement officer who is employed by, appointed by,	901
or serves that agency arrests the person. As used in division (C)	902
of this section:	903

(a) "Illegal methamphetamine manufacturing laboratory" has	904
the same meaning as in section 3745.13 of the Revised Code.	905

(b) "Methamphetamine or a methamphetamine product" means	906
methamphetamine, any salt, isomer, or salt of an isomer of	907
methamphetamine, or any compound, mixture, preparation, or	908
substance containing methamphetamine or any salt, isomer, or salt	909
of an isomer of methamphetamine.	910

(2) Each law enforcement agency that, in any calendar year,	911
arrests any person for a violation of section 2925.04 of the	912
Revised Code that is based on the manufacture of methamphetamine	913
or a methamphetamine product, a violation of section 2925.041 of	914
the Revised Code that is based on the possession of chemicals	915
sufficient to produce methamphetamine or a methamphetamine	916
product, or a violation of any other provision of Chapter 2925. or	917
3719. of the Revised Code that is based on the possession of	918
chemicals sufficient to produce methamphetamine or a	919
methamphetamine product shall prepare an annual report covering	920
the calendar year that contains the information specified in	921
division (C)(3) of this section relative to all arrests for	922
violations of those sections committed under those circumstances	923
during that calendar year and relative to illegal methamphetamine	924
manufacturing laboratories, dump sites, and chemical caches as	925
specified in that division and shall send the annual report, not	926
later than the first day of March in the calendar year following	927
the calendar year covered by the report, to the bureau of criminal	928
identification and investigation.	929

The law enforcement agency shall write any annual report	930
prepared and filed under this division on the standard forms	931
furnished by the superintendent of the bureau of criminal	932
identification and investigation pursuant to division (C)(4) of	933
this section. The annual report shall be a statistical report, and	934
nothing in the report or in the information it contains shall	935
identify, or enable the identification of, any person who was	936
arrested and whose arrest is included in the information contained	937
in the report. The annual report in the possession of the bureau	938
and the information it contains are public records for the purpose	939
of section 149.43 of the Revised Code.	940

(3) The annual report prepared and filed by a law enforcement	941
agency under division (C)(2) of this section shall contain all of	942
the following information for the calendar year covered by the	943
report:	944

(a) The total number of arrests made by the agency in that	945
calendar year for a violation of section 2925.04 of the Revised	946
Code that is based on the manufacture of methamphetamine or a	947
methamphetamine product, a violation of section 2925.041 of the	948
Revised Code that is based on the possession of chemicals	949
sufficient to produce methamphetamine or a methamphetamine	950
product, or a violation of any other provision of Chapter 2925. or	951
3719. of the Revised Code that is based on the possession of	952
chemicals sufficient to produce methamphetamine or a	953
methamphetamine product;	954

(b) The total number of illegal methamphetamine manufacturing	955
laboratories at which one or more of the arrests reported under	956
division (C)(3)(a) of this section occurred, or that were	957
discovered in that calendar year within the territory served by	958
the agency but at which none of the arrests reported under	959
division (C)(3)(a) of this section occurred;	960

(c) The total number of dump sites and chemical caches that	961
are, or that are reasonably believed to be, related to illegal	962
methamphetamine manufacturing and that were discovered in that	963
calendar year within the territory served by the agency.	964

(4) The superintendent of the bureau of criminal	965
identification and investigation shall prepare and furnish to each	966
law enforcement agency in this state standard forms for making the	967
annual reports required by division (C)(2) of this section. The	968
standard forms that the superintendent prepares pursuant to this	969
division may be in a tangible format, in an electronic format, or	970
in both a tangible format and an electronic format.	971

(5) The annual report required by division (C)(2) of this	972
section is separate from, and in addition to, any report,	973
materials, or information required under division (A) of this	974
section or under any other provision of sections 109.57 to 109.62	975
of the Revised Code.	976

Sec. 1347.08.  (A) Every state or local agency that maintains	977
a personal information system, upon the request and the proper	978
identification of any person who is the subject of personal	979
information in the system, shall:	980

(1) Inform the person of the existence of any personal	981
information in the system of which the person is the subject;	982

(2) Except as provided in divisions (C) and (E)(2) of this	983
section, permit the person, the person's legal guardian, or an	984
attorney who presents a signed written authorization made by the	985
person, to inspect all personal information in the system of which	986
the person is the subject;	987

(3) Inform the person about the types of uses made of the	988
personal information, including the identity of any users usually	989
granted access to the system.	990

(B) Any person who wishes to exercise a right provided by	991
this section may be accompanied by another individual of the	992
person's choice.	993

(C)(1) A state or local agency, upon request, shall disclose	994
medical, psychiatric, or psychological information to a person who	995
is the subject of the information or to the person's legal	996
guardian, unless a physician, psychiatrist, or psychologist	997
determines for the agency that the disclosure of the information	998
is likely to have an adverse effect on the person, in which case	999
the information shall be released to a physician, psychiatrist, or	1000
psychologist who is designated by the person or by the person's	1001
legal guardian.	1002

(2) Upon the signed written request of either a licensed	1003
attorney at law or a licensed physician designated by the inmate,	1004
together with the signed written request of an inmate of a	1005
correctional institution under the administration of the	1006
department of rehabilitation and correction, the department shall	1007
disclose medical information to the designated attorney or	1008
physician as provided in division (C) of section 5120.21 of the	1009
Revised Code.	1010

(D) If an individual who is authorized to inspect personal	1011
information that is maintained in a personal information system	1012
requests the state or local agency that maintains the system to	1013
provide a copy of any personal information that the individual is	1014
authorized to inspect, the agency shall provide a copy of the	1015
personal information to the individual. Each state and local	1016
agency may establish reasonable fees for the service of copying,	1017
upon request, personal information that is maintained by the	1018
agency.	1019

(E)(1) This section regulates access to personal information	1020
that is maintained in a personal information system by persons who	1021
are the subject of the information, but does not limit the	1022
authority of any person, including a person who is the subject of	1023
personal information maintained in a personal information system,	1024
to inspect or have copied, pursuant to section 149.43 of the	1025
Revised Code, a public record as defined in that section.	1026

(2) This section does not provide a person who is the subject	1027
of personal information maintained in a personal information	1028
system, the person's legal guardian, or an attorney authorized by	1029
the person, with a right to inspect or have copied, or require an	1030
agency that maintains a personal information system to permit the	1031
inspection of or to copy, a confidential law enforcement	1032
investigatory record or trial preparation record, as defined in	1033
divisions (A)(2) and (4) of section 149.43 of the Revised Code.	1034

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

1035

(1) The contents of an adoption file maintained by the	1036
department of health under section 3705.12 of the Revised Code;	1037

(2) Information contained in the putative father registry	1038
established by section 3107.062 of the Revised Code, regardless of	1039
whether the information is held by the department of job and	1040
family services or, pursuant to section 3111.69 of the Revised	1041
Code, the office of child support in the department or a child	1042
support enforcement agency;	1043

(3) Papers, records, and books that pertain to an adoption	1044
and that are subject to inspection in accordance with section	1045
3107.17 of the Revised Code;	1046

(4) Records listed in division (A) of section 3107.42 of the	1047
Revised Code or specified in division (A) of section 3107.52 of	1048
the Revised Code;	1049

(5) Records that identify an individual described in division	1050
(A)(1) of section 3721.031 of the Revised Code, or that would tend	1051
to identify such an individual;	1052

(6) Files and records that have been expunged under division	1053
(D)(1) of section 3721.23 of the Revised Code;	1054

(7) Records that identify an individual described in division	1055
(A)(1) of section 3721.25 of the Revised Code, or that would tend	1056
to identify such an individual;	1057

(8) Records that identify an individual described in division	1058
(A)(1) of section 5111.61 of the Revised Code, or that would tend	1059
to identify such an individual;	1060

(9) Test materials, examinations, or evaluation tools used in	1061
an examination for licensure as a nursing home administrator that	1062
the board of examiners of nursing home administrators administers	1063
under section 4751.04 of the Revised Code or contracts under that	1064
section with a private or government entity to administer;	1065

(10) Information contained in a database established and	1066
maintained pursuant to section 5101.13 of the Revised Code.	1067

Sec. 1717.14.  When an officer or agent of the Ohio humane	1068
society or of a county humane society deems it for the best	1069
interest of a child, because of cruelty inflicted upon itthe	1070
child or because of itsthe child's surroundings, that itthe	1071
child be removed from the possession and control of the parents or	1072
persons having charge of itthe child, suchthe officer or agent	1073
may take possession of the child summarily, and upon doing so	1074
shall immediately file a complaint in the juvenile court	1075
concerning such child. Such court shall have full jurisdiction to	1076
deal with such child as provided in sections 2151.01 to 2151.54 of	1077
the Revised Code, subject to the prior jurisdiction, if any, which	1078
another court may have over such childcomply with section	1079
2151.421 of the Revised Code.	1080

As used in this section "child" means any person under	1081
eighteen years of age.	1082

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

1083

(1) "Juvenile court" means whichever of the following is	1084
applicable that has jurisdiction under this chapter and Chapter	1085
2152. of the Revised Code:	1086

(a) The division of the court of common pleas specified in	1087
section 2101.022 or 2301.03 of the Revised Code as having	1088
jurisdiction under this chapter and Chapter 2152. of the Revised	1089
Code or as being the juvenile division or the juvenile division	1090
combined with one or more other divisions;	1091

(b) The juvenile court of Cuyahoga county or Hamilton county	1092
that is separately and independently created by section 2151.08 or	1093
Chapter 2153. of the Revised Code and that has jurisdiction under	1094
this chapter and Chapter 2152. of the Revised Code;	1095

(c) If division (A)(1)(a) or (b) of this section does not	1096
apply, the probate division of the court of common pleas.	1097

(2) "Juvenile judge" means a judge of a court having	1098
jurisdiction under this chapter.	1099

(3) "Private child placing agency" means any association, as	1100
defined in section 5103.02 of the Revised Code, that is certified	1101
under section 5103.03 of the Revised Code to accept temporary,	1102
permanent, or legal custody of children and place the children for	1103
either foster care or adoption.	1104

(4) "Private noncustodial agency" means any person,	1105
organization, association, or society certified by the department	1106
of job and family services that does not accept temporary or	1107
permanent legal custody of children, that is privately operated in	1108
this state, and that does one or more of the following:	1109

(a) Receives and cares for children for two or more	1110
consecutive weeks;	1111

(b) Participates in the placement of children in certified	1112
foster homes;	1113

(c) Provides adoption services in conjunction with a public	1114
children services agency or private child placing agency.	1115

(B) As used in this chapter:

1116

(1) "Adequate parental care" means the provision by a child's	1117
parent or parents, guardian, or custodian of adequate food,	1118
clothing, and shelter to ensure the child's health and physical	1119
safety and the provision by a child's parent or parents of	1120
specialized services warranted by the child's physical or mental	1121
needs.	1122

(2) "Adult" means an individual who is eighteen years of age	1123
or older.	1124

(3) "Agreement for temporary custody" means a voluntary	1125
agreement authorized by section 5103.15 of the Revised Code that	1126
transfers the temporary custody of a child to a public children	1127
services agency or a private child placing agency.	1128

(4) "Certified foster home" means a foster home, as defined	1129
in section 5103.02 of the Revised Code, certified under section	1130
5103.03 of the Revised Code.	1131

(5) "Child" means a person who is under eighteen years of	1132
age, except that the juvenile court has jurisdiction over any	1133
person who is adjudicated an unruly child prior to attaining	1134
eighteen years of age until the person attains twenty-one years of	1135
age, and, for purposes of that jurisdiction related to that	1136
adjudication, a person who is so adjudicated an unruly child shall	1137
be deemed a "child" until the person attains twenty-one years of	1138
age.	1139

(6) "Child day camp," "child care," "child day-care center,"	1140
"part-time child day-care center," "type A family day-care home,"	1141
"certified type B family day-care home," "type B home,"	1142
"administrator of a child day-care center," "administrator of a	1143
type A family day-care home," "in-home aide," and "authorized	1144
provider" have the same meanings as in section 5104.01 of the	1145
Revised Code.	1146

(7) "Child care provider" means an individual who is a	1147
child-care staff member or administrator of a child day-care	1148
center, a type A family day-care home, or a type B family day-care	1149
home, or an in-home aide or an individual who is licensed, is	1150
regulated, is approved, operates under the direction of, or	1151
otherwise is certified by the department of job and family	1152
services, department of mental retardation and developmental	1153
disabilities, or the early childhood programs of the department of	1154
education.	1155

(8) "Chronic truant" has the same meaning as in section	1156
2152.02 of the Revised Code.	1157

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

1158

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

1159

(a) General counseling services performed by a public	1160
children services agency or shelter for victims of domestic	1161
violence to assist a child, a child's parents, and a child's	1162
siblings in alleviating identified problems that may cause or have	1163
caused the child to be an abused, neglected, or dependent child.	1164

(b) Psychiatric or psychological therapeutic counseling	1165
services provided to correct or alleviate any mental or emotional	1166
illness or disorder and performed by a licensed psychiatrist,	1167
licensed psychologist, or a person licensed under Chapter 4757. of	1168
the Revised Code to engage in social work or professional	1169
counseling.	1170

(11) "Custodian" means a person who has legal custody of a	1171
child or a public children services agency or private child	1172
placing agency that has permanent, temporary, or legal custody of	1173
a child.	1174

(12) "Delinquent child" has the same meaning as in section	1175
2152.02 of the Revised Code.	1176

(13) "Detention" means the temporary care of children pending	1177
court adjudication or disposition, or execution of a court order,	1178
in a public or private facility designed to physically restrict	1179
the movement and activities of children.	1180

(14) "Developmental disability" has the same meaning as in	1181
section 5123.01 of the Revised Code.	1182

(15) "Foster caregiver" has the same meaning as in section	1183
5103.02 of the Revised Code.	1184

(16) "Guardian" means a person, association, or corporation	1185
that is granted authority by a probate court pursuant to Chapter	1186
2111. of the Revised Code to exercise parental rights over a child	1187
to the extent provided in the court's order and subject to the	1188
residual parental rights of the child's parents.	1189

(17) "Habitual truant" means any child of compulsory school	1190
age who is absent without legitimate excuse for absence from the	1191
public school the child is supposed to attend for five or more	1192
consecutive school days, seven or more school days in one school	1193
month, or twelve or more school days in a school year.	1194

(18) "Juvenile traffic offender" has the same meaning as in	1195
section 2152.02 of the Revised Code.	1196

(19) "Legal custody" means a legal status that vests in the	1197
custodian the right to have physical care and control of the child	1198
and to determine where and with whom the child shall live, and the	1199
right and duty to protect, train, and discipline the child and to	1200
provide the child with food, shelter, education, and medical care,	1201
all subject to any residual parental rights, privileges, and	1202
responsibilities. An individual granted legal custody shall	1203
exercise the rights and responsibilities personally unless	1204
otherwise authorized by any section of the Revised Code or by the	1205
court.	1206

(20) A "legitimate excuse for absence from the public school	1207
the child is supposed to attend" includes, but is not limited to,	1208
any of the following:	1209

(a) The fact that the child in question has enrolled in and	1210
is attending another public or nonpublic school in this or another	1211
state;	1212

(b) The fact that the child in question is excused from	1213
attendance at school for any of the reasons specified in section	1214
3321.04 of the Revised Code;	1215

(c) The fact that the child in question has received an age	1216
and schooling certificate in accordance with section 3331.01 of	1217
the Revised Code.	1218

(21) "Mental illness" and "mentally ill person subject to	1219
hospitalization by court order" have the same meanings as in	1220
section 5122.01 of the Revised Code.	1221

(22) "Mental injury" means any behavioral, cognitive,	1222
emotional, or mental disorder in a child caused by an act or	1223
omission that is described in section 2919.22 of the Revised Code	1224
and is committed by the parent or other person responsible for the	1225
child's care.	1226

(23) "Mentally retarded person" has the same meaning as in	1227
section 5123.01 of the Revised Code.	1228

(24) "Nonsecure care, supervision, or training" means care,	1229
supervision, or training of a child in a facility that does not	1230
confine or prevent movement of the child within the facility or	1231
from the facility.	1232

(25) "Of compulsory school age" has the same meaning as in	1233
section 3321.01 of the Revised Code.	1234

(26) "Organization" means any institution, public,	1235
semipublic, or private, and any private association, society, or	1236
agency located or operating in the state, incorporated or	1237
unincorporated, having among its functions the furnishing of	1238
protective services or care for children, or the placement of	1239
children in certified foster homes or elsewhere.	1240

(27) "Out-of-home care" means detention facilities, shelter	1241
facilities, certified foster homes, placement in a prospective	1242
adoptive home prior to the issuance of a final decree of adoption,	1243
organizations, certified organizations, child day-care centers,	1244
type A family day-care homes, child care provided by type B family	1245
day-care home providers and by in-home aides, group home	1246
providers, group homes, institutions, state institutions,	1247
residential facilities, residential care facilities, residential	1248
camps, day camps, public schools, chartered nonpublic schools,	1249
educational service centers, hospitals, and medical clinics that	1250
are responsible for the care, physical custody, or control of	1251
children.	1252

(28) "Out-of-home care child abuse" means any of the	1253
following when committed by a person responsible for the care of a	1254
child in out-of-home care:	1255

(a) Engaging in sexual activity with a child in the person's	1256
care;	1257

(b) Denial to a child, as a means of punishment, of proper or	1258
necessary subsistence, education, medical care, or other care	1259
necessary for a child's health;	1260

(c) Use of restraint procedures on a child that cause injury	1261
or pain;	1262

(d) Administration of prescription drugs or psychotropic	1263
medication to the child without the written approval and ongoing	1264
supervision of a licensed physician;	1265

(e) Commission of any act, other than by accidental means,	1266
that results in any injury to or death of the child in out-of-home	1267
care or commission of any act by accidental means that results in	1268
an injury to or death of a child in out-of-home care and that is	1269
at variance with the history given of the injury or death.	1270

(29) "Out-of-home care child neglect" means any of the	1271
following when committed by a person responsible for the care of a	1272
child in out-of-home care:	1273

(a) Failure to provide reasonable supervision according to	1274
the standards of care appropriate to the age, mental and physical	1275
condition, or other special needs of the child;	1276

(b) Failure to provide reasonable supervision according to	1277
the standards of care appropriate to the age, mental and physical	1278
condition, or other special needs of the child, that results in	1279
sexual or physical abuse of the child by any person;	1280

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

1281

(i) Administration of prescription drugs or psychotropic	1282
drugs for the child;	1283

(ii) Assuring that the instructions of the licensed physician	1284
who prescribed a drug for the child are followed;	1285

(iii) Reporting to the licensed physician who prescribed the	1286
drug all unfavorable or dangerous side effects from the use of the	1287
drug.	1288

(d) Failure to provide proper or necessary subsistence,	1289
education, medical care, or other individualized care necessary	1290
for the health or well-being of the child;	1291

(e) Confinement of the child to a locked room without	1292
monitoring by staff;	1293

(f) Failure to provide ongoing security for all prescription	1294
and nonprescription medication;	1295

(g) Isolation of a child for a period of time when there is	1296
substantial risk that the isolation, if continued, will impair or	1297
retard the mental health or physical well-being of the child.	1298

(30) "Permanent custody" means a legal status that vests in a	1299
public children services agency or a private child placing agency,	1300
all parental rights, duties, and obligations, including the right	1301
to consent to adoption, and divests the natural parents or	1302
adoptive parents of all parental rights, privileges, and	1303
obligations, including all residual rights and obligations.	1304

(31) "Permanent surrender" means the act of the parents or,	1305
if a child has only one parent, of the parent of a child, by a	1306
voluntary agreement authorized by section 5103.15 of the Revised	1307
Code, to transfer the permanent custody of the child to a public	1308
children services agency or a private child placing agency.	1309

(32) "Person" means an individual, association, corporation,	1310
or partnership and the state or any of its political subdivisions,	1311
departments, or agencies.	1312

(33) "Person responsible for a child's care in out-of-home	1313
care" means any of the following:	1314

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

1315

(b) Any administrator, employee, or agent of any of the	1316
following: a public or private detention facility; shelter	1317
facility; organization; certified organization; child day-care	1318
center; type A family day-care home; certified type B family	1319
day-care home; group home; institution; state institution;	1320
residential facility; residential care facility; residential camp;	1321
day camp; school district; community school; chartered nonpublic	1322
school; educational service center; hospital; or medical clinic;	1323

(c) Any person who supervises or coaches children as part of	1324
an extracurricular activity sponsored by a school district, public	1325
school, or chartered nonpublic school;	1326

(d) Any other person who performs a similar function with	1327
respect to, or has a similar relationship to, children.	1328

(33)(34) "Physically impaired" means having one or more of	1329
the following conditions that substantially limit one or more of	1330
an individual's major life activities, including self-care,	1331
receptive and expressive language, learning, mobility, and	1332
self-direction:	1333

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

1334

(b) A congenital orthopedic impairment;

1335

(c) An orthopedic impairment caused by disease, rheumatic	1336
fever or any other similar chronic or acute health problem, or	1337
amputation or another similar cause.	1338

(34)(35) "Placement for adoption" means the arrangement by a	1339
public children services agency or a private child placing agency	1340
with a person for the care and adoption by that person of a child	1341
of whom the agency has permanent custody.	1342

(35)(36) "Placement in foster care" means the arrangement by	1343
a public children services agency or a private child placing	1344
agency for the out-of-home care of a child of whom the agency has	1345
temporary custody or permanent custody.	1346

(36)(37) "Planned permanent living arrangement" means an	1347
order of a juvenile court pursuant to which both of the following	1348
apply:	1349

(a) The court gives legal custody of a child to a public	1350
children services agency or a private child placing agency without	1351
the termination of parental rights.	1352

(b) The order permits the agency to make an appropriate	1353
placement of the child and to enter into a written agreement with	1354
a foster care provider or with another person or agency with whom	1355
the child is placed.	1356

(37)(38) "Practice of social work" and "practice of	1357
professional counseling" have the same meanings as in section	1358
4757.01 of the Revised Code.	1359

(38)(39) "Sanction, service, or condition" means a sanction,	1360
service, or condition created by court order following an	1361
adjudication that a child is an unruly child that is described in	1362
division (A)(4) of section 2152.19 of the Revised Code.	1363

(39)(40) "Protective supervision" means an order of	1364
disposition pursuant to which the court permits an abused,	1365
neglected, dependent, or unruly child to remain in the custody of	1366
the child's parents, guardian, or custodian and stay in the	1367
child's home, subject to any conditions and limitations upon the	1368
child, the child's parents, guardian, or custodian, or any other	1369
person that the court prescribes, including supervision as	1370
directed by the court for the protection of the child.	1371

(40)(41) "Psychiatrist" has the same meaning as in section	1372
5122.01 of the Revised Code.	1373

(41)(42) "Psychologist" has the same meaning as in section	1374
4732.01 of the Revised Code.	1375

(42)(43) "Residential camp" means a program in which the	1376
care, physical custody, or control of children is accepted	1377
overnight for recreational or recreational and educational	1378
purposes.	1379

(43)(44) "Residential care facility" means an institution,	1380
residence, or facility that is licensed by the department of	1381
mental health under section 5119.22 of the Revised Code and that	1382
provides care for a child.	1383

(44)(45) "Residential facility" means a home or facility that	1384
is licensed by the department of mental retardation and	1385
developmental disabilities under section 5123.19 of the Revised	1386
Code and in which a child with a developmental disability resides.	1387

(45)(46) "Residual parental rights, privileges, and	1388
responsibilities" means those rights, privileges, and	1389
responsibilities remaining with the natural parent after the	1390
transfer of legal custody of the child, including, but not	1391
necessarily limited to, the privilege of reasonable visitation,	1392
consent to adoption, the privilege to determine the child's	1393
religious affiliation, and the responsibility for support.	1394

(46)(47) "School day" means the school day established by the	1395
state board of education pursuant to section 3313.48 of the	1396
Revised Code.	1397

(47)(48) "School month" and "school year" have the same	1398
meanings as in section 3313.62 of the Revised Code.	1399

(48)(49) "Secure correctional facility" means a facility	1400
under the direction of the department of youth services that is	1401
designed to physically restrict the movement and activities of	1402
children and used for the placement of children after adjudication	1403
and disposition.	1404

(49)(50) "Sexual activity" has the same meaning as in section	1405
2907.01 of the Revised Code.	1406

(50)(51) "Shelter" means the temporary care of children in	1407
physically unrestricted facilities pending court adjudication or	1408
disposition.	1409

(51)(52) "Shelter for victims of domestic violence" has the	1410
same meaning as in section 3113.33 of the Revised Code.	1411

(52)(53) "Temporary custody" means legal custody of a child	1412
who is removed from the child's home, which custody may be	1413
terminated at any time at the discretion of the court or, if the	1414
legal custody is granted in an agreement for temporary custody, by	1415
the person who executed the agreement.	1416

(C) For the purposes of this chapter, a child shall be	1417
presumed abandoned when the parents of the child have failed to	1418
visit or maintain contact with the child for more than ninety	1419
days, regardless of whether the parents resume contact with the	1420
child after that period of ninety days.	1421

Sec. 2151.281.  (A) The court shall appoint a guardian ad	1422
litem, subject to rules adopted by the supreme court, to protect	1423
the interest of a child in any proceeding concerning an alleged or	1424
adjudicated delinquent child or unruly child when either of the	1425
following applies:	1426

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

1427

(2) The court finds that there is a conflict of interest	1428
between the child and the child's parent, guardian, or legal	1429
custodian.	1430

(B)(1) The court shall appoint a guardian ad litem, subject	1431
to rules adopted by the supreme court, to protect the interest of	1432
a child in any proceeding concerning an alleged abused or	1433
neglected child and in any proceeding held pursuant to section	1434
2151.414 of the Revised Code. The guardian ad litem so appointed	1435
shall not be the attorney responsible for presenting the evidence	1436
alleging that the child is an abused or neglected child and shall	1437
not be an employee of any party in the proceeding.	1438

(2) The guardian ad litem appointed for an alleged or	1439
adjudicated abused or neglected child may bring a civil action	1440
against any person, who is required by division (A)(1) of section	1441
2151.421 of the Revised Code to file a report of known or	1442
suspected child abuse or child neglect, if that person knows or	1443
suspects that the child for whom the guardian ad litem is	1444
appointed is the subject of child abuse or child neglect and does	1445
not file the required report and if the child suffers any injury	1446
or harm as a result of the known or suspected child abuse or child	1447
neglect or suffers additional injury or harm after the failure to	1448
file the report.	1449

(C) In any proceeding concerning an alleged or adjudicated	1450
delinquent, unruly, abused, neglected, or dependent child in which	1451
the parent appears to be mentally incompetent or is under eighteen	1452
years of age, the court shall appoint a guardian ad litem to	1453
protect the interest of that parent.	1454

(D) The court shall require the guardian ad litem to	1455
faithfully discharge the guardian ad litem's duties and, upon the	1456
guardian ad litem's failure to faithfully discharge the guardian	1457
ad litem's duties, shall discharge the guardian ad litem and	1458
appoint another guardian ad litem. The court may fix the	1459
compensation for the service of the guardian ad litem, which	1460
compensation shall be paid from the treasury of the county,	1461
subject to rules adopted by the supreme court.	1462

(E) A parent who is eighteen years of age or older and not	1463
mentally incompetent shall be deemed sui juris for the purpose of	1464
any proceeding relative to a child of the parent who is alleged or	1465
adjudicated to be an abused, neglected, or dependent child.	1466

(F) In any case in which a parent of a child alleged or	1467
adjudicated to be an abused, neglected, or dependent child is	1468
under eighteen years of age, the parents of that parent shall be	1469
summoned to appear at any hearing respecting the child, who is	1470
alleged or adjudicated to be an abused, neglected, or dependent	1471
child.	1472

(G) In any case involving an alleged or adjudicated abused or	1473
neglected child or an agreement for the voluntary surrender of	1474
temporary or permanent custody of a child that is made in	1475
accordance with section 5103.15 of the Revised Code, the court	1476
shall appoint the guardian ad litem in each case as soon as	1477
possible after the complaint is filed, the request for an	1478
extension of the temporary custody agreement is filed with the	1479
court, or the request for court approval of the permanent custody	1480
agreement is filed. In any case involving an alleged dependent	1481
child in which the parent of the child appears to be mentally	1482
incompetent or is under eighteen years of age, there is a conflict	1483
of interest between the child and the child's parents, guardian,	1484
or custodian, or the court believes that the parent of the child	1485
is not capable of representing the best interest of the child, the	1486
court shall appoint a guardian ad litem for the child. The	1487
guardian ad litem or the guardian ad litem's replacement shall	1488
continue to serve until any of the following occur:	1489

(1) The complaint is dismissed or the request for an	1490
extension of a temporary custody agreement or for court approval	1491
of the permanent custody agreement is withdrawn or denied;	1492

(2) All dispositional orders relative to the child have	1493
terminated;	1494

(3) The legal custody of the child is granted to a relative	1495
of the child, or to another person;	1496

(4) The child is placed in an adoptive home or, at the	1497
court's discretion, a final decree of adoption is issued with	1498
respect to the child;	1499

(5) The child reaches the age of eighteen if the child is not	1500
mentally retarded, developmentally disabled, or physically	1501
impaired or the child reaches the age of twenty-one if the child	1502
is mentally retarded, developmentally disabled, or physically	1503
impaired;	1504

(6) The guardian ad litem resigns or is removed by the court	1505
and a replacement is appointed by the court.	1506

If a guardian ad litem ceases to serve a child pursuant to	1507
division (G)(4) of this section and the petition for adoption with	1508
respect to the child is denied or withdrawn prior to the issuance	1509
of a final decree of adoption or prior to the date an	1510
interlocutory order of adoption becomes final, the juvenile court	1511
shall reappoint a guardian ad litem for that child. The public	1512
children services agency or private child placing agency with	1513
permanent custody of the child shall notify the juvenile court if	1514
the petition for adoption is denied or withdrawn.	1515

(H) If the guardian ad litem for an alleged or adjudicated	1516
abused, neglected, or dependent child is an attorney admitted to	1517
the practice of law in this state, the guardian ad litem also may	1518
serve as counsel to the ward. IfUntil the supreme court adopts	1519
rules regarding service as a guardian ad litem that regulate	1520
conflicts between a person's role as guardian ad litem and as	1521
counsel, if a person is serving as guardian ad litem and counsel	1522
for a child and either that person or the court finds that a	1523
conflict may exist between the person's roles as guardian ad litem	1524
and as counsel, the court shall relieve the person of duties as	1525
guardian ad litem and appoint someone else as guardian ad litem	1526
for the child. If the court appoints a person who is not an	1527
attorney admitted to the practice of law in this state to be a	1528
guardian ad litem, the court also may appoint an attorney admitted	1529
to the practice of law in this state to serve as counsel for the	1530
guardian ad litem.	1531

(I) The guardian ad litem for an alleged or adjudicated	1532
abused, neglected, or dependent child shall perform whatever	1533
functions are necessary to protect the best interest of the child,	1534
including, but not limited to, investigation, mediation,	1535
monitoring court proceedings, and monitoring the services provided	1536
the child by the public children services agency or private child	1537
placing agency that has temporary or permanent custody of the	1538
child, and shall file any motions and other court papers that are	1539
in the best interest of the child.	1540

The guardian ad litem shall be given notice of all hearings,	1541
administrative reviews, and other proceedings in the same manner	1542
as notice is given to parties to the action.	1543

(J)(1) When the court appoints a guardian ad litem pursuant	1544
to this section, it shall appoint a qualified volunteer or court	1545
appointed special advocate whenever one is available and the	1546
appointment is appropriate.	1547

(2) Upon request, the department of job and family services	1548
shall provide for the training of volunteer guardians ad litem.	1549

Sec. 2151.353.  (A) If a child is adjudicated an abused,	1550
neglected, or dependent child, the court may make any of the	1551
following orders of disposition:	1552

(1) Place the child in protective supervision;

1553

(2) Commit the child to the temporary custody of a public	1554
children services agency, a private child placing agency, either	1555
parent, a relative residing within or outside the state, or a	1556
probation officer for placement in a certified foster home, or in	1557
any other home approved by the court;	1558

(3) Award legal custody of the child to either parent or to	1559
any other person who, prior to the dispositional hearing, files a	1560
motion requesting legal custody of the child;or is identified as	1561
a proposed legal custodian in a complaint or motion filed prior to	1562
the dispositional hearing by any party to the proceedings. A	1563
person identified in a complaint or motion filed by a party to the	1564
proceedings as a proposed legal custodian shall be awarded legal	1565
custody of the child only if the person identified signs a	1566
statement of understanding for legal custody that contains at	1567
least the following provisions:	1568

(a) That it is the intent of the person to become the legal	1569
custodian of the child and the person is able to assume legal	1570
responsibility for the care and supervision of the child;	1571

(b) That the person understands that legal custody of the	1572
child in question is intended to be permanent in nature and that	1573
the person will be responsible as the custodian for the child	1574
until the child reaches the age of majority. Responsibility as	1575
custodian for the child shall continue beyond the age of majority	1576
if, at the time the child reaches the age of majority, the child	1577
is pursuing a diploma granted by the board of education or other	1578
governing authority, successful completion of the curriculum of	1579
any high school, successful completion of an individualized	1580
education program developed for the student by any high school, or	1581
an age and schooling certificate. Responsibility beyond the age of	1582
majority shall terminate when the child ceases to continuously	1583
pursue such an education, completes such an education, or is	1584
excused from such an education under standards adopted by the	1585
state board of education, whichever occurs first.	1586

(c) That the parents of the child have residual parental	1587
rights, privileges, and responsibilities, including, but not	1588
limited to, the privilege of reasonable visitation, consent to	1589
adoption, the privilege to determine the child's religious	1590
affiliation, and the responsibility for support;	1591

(d) That the person understands that the person must be	1592
present in court for the dispositional hearing in order to affirm	1593
the person's intention to become legal custodian, to affirm that	1594
the person understands the effect of the custodianship before the	1595
court, and to answer any questions that the court or any parties	1596
to the case may have.	1597

(4) Commit the child to the permanent custody of a public	1598
children services agency or private child placing agency, if the	1599
court determines in accordance with division (E) of section	1600
2151.414 of the Revised Code that the child cannot be placed with	1601
one of the child's parents within a reasonable time or should not	1602
be placed with either parent and determines in accordance with	1603
division (D) of section 2151.414 of the Revised Code that the	1604
permanent commitment is in the best interest of the child. If the	1605
court grants permanent custody under this division, the court,	1606
upon the request of any party, shall file a written opinion	1607
setting forth its findings of fact and conclusions of law in	1608
relation to the proceeding.	1609

(5) Place the child in a planned permanent living arrangement	1610
with a public children services agency or private child placing	1611
agency, if a public children services agency or private child	1612
placing agency requests the court to place the child in a planned	1613
permanent living arrangement and if the court finds, by clear and	1614
convincing evidence, that a planned permanent living arrangement	1615
is in the best interest of the child and that one of the following	1616
exists:	1617

(a) The child, because of physical, mental, or psychological	1618
problems or needs, is unable to function in a family-like setting	1619
and must remain in residential or institutional care.	1620

(b) The parents of the child have significant physical,	1621
mental, or psychological problems and are unable to care for the	1622
child because of those problems, adoption is not in the best	1623
interest of the child, as determined in accordance with division	1624
(D) of section 2151.414 of the Revised Code, and the child retains	1625
a significant and positive relationship with a parent or relative.	1626

(c) The child is sixteen years of age or older, has been	1627
counseled on the permanent placement options available to the	1628
child, is unwilling to accept or unable to adapt to a permanent	1629
placement, and is in an agency program preparing the child for	1630
independent living.	1631

(6) Order the removal from the child's home until further	1632
order of the court of the person who committed abuse as described	1633
in section 2151.031 of the Revised Code against the child, who	1634
caused or allowed the child to suffer neglect as described in	1635
section 2151.03 of the Revised Code, or who is the parent,	1636
guardian, or custodian of a child who is adjudicated a dependent	1637
child and order any person not to have contact with the child or	1638
the child's siblings.	1639

(B) No order for permanent custody or temporary custody of a	1640
child or the placement of a child in a planned permanent living	1641
arrangement shall be made pursuant to this section unless the	1642
complaint alleging the abuse, neglect, or dependency contains a	1643
prayer requesting permanent custody, temporary custody, or the	1644
placement of the child in a planned permanent living arrangement	1645
as desired, the summons served on the parents of the child	1646
contains as is appropriate a full explanation that the granting of	1647
an order for permanent custody permanently divests them of their	1648
parental rights, a full explanation that an adjudication that the	1649
child is an abused, neglected, or dependent child may result in an	1650
order of temporary custody that will cause the removal of the	1651
child from their legal custody until the court terminates the	1652
order of temporary custody or permanently divests the parents of	1653
their parental rights, or a full explanation that the granting of	1654
an order for a planned permanent living arrangement will result in	1655
the removal of the child from their legal custody if any of the	1656
conditions listed in divisions (A)(5)(a) to (c) of this section	1657
are found to exist, and the summons served on the parents contains	1658
a full explanation of their right to be represented by counsel and	1659
to have counsel appointed pursuant to Chapter 120. of the Revised	1660
Code if they are indigent.	1661

If after making disposition as authorized by division (A)(2)	1662
of this section, a motion is filed that requests permanent custody	1663
of the child, the court may grant permanent custody of the child	1664
to the movant in accordance with section 2151.414 of the Revised	1665
Code.	1666

(C) If the court issues an order for protective supervision	1667
pursuant to division (A)(1) of this section, the court may place	1668
any reasonable restrictions upon the child, the child's parents,	1669
guardian, or custodian, or any other person, including, but not	1670
limited to, any of the following:	1671

(1) Order a party, within forty-eight hours after the	1672
issuance of the order, to vacate the child's home indefinitely or	1673
for a specified period of time;	1674

(2) Order a party, a parent of the child, or a physical	1675
custodian of the child to prevent any particular person from	1676
having contact with the child;	1677

(3) Issue an order restraining or otherwise controlling the	1678
conduct of any person which conduct would not be in the best	1679
interest of the child.	1680

(D) As part of its dispositional order, the court shall	1681
journalize a case plan for the child. The journalized case plan	1682
shall not be changed except as provided in section 2151.412 of the	1683
Revised Code.	1684

(E)(1) The court shall retain jurisdiction over any child for	1685
whom the court issues an order of disposition pursuant to division	1686
(A) of this section or pursuant to section 2151.414 or 2151.415 of	1687
the Revised Code until the child attains the age of eighteen years	1688
if the child is not mentally retarded, developmentally disabled,	1689
or physically impaired, the child attains the age of twenty-one	1690
years if the child is mentally retarded, developmentally disabled,	1691
or physically impaired, or the child is adopted and a final decree	1692
of adoption is issued, except that the court may retain	1693
jurisdiction over the child and continue any order of disposition	1694
under division (A) of this section or under section 2151.414 or	1695
2151.415 of the Revised Code for a specified period of time to	1696
enable the child to graduate from high school or vocational	1697
school. The court shall make an entry continuing its jurisdiction	1698
under this division in the journal.	1699

(2) Any public children services agency, any private child	1700
placing agency, the department of job and family services, or any	1701
party, other than any parent whose parental rights with respect to	1702
the child have been terminated pursuant to an order issued under	1703
division (A)(4) of this section, by filing a motion with the	1704
court, may at any time request the court to modify or terminate	1705
any order of disposition issued pursuant to division (A) of this	1706
section or section 2151.414 or 2151.415 of the Revised Code. The	1707
court shall hold a hearing upon the motion as if the hearing were	1708
the original dispositional hearing and shall give all parties to	1709
the action and the guardian ad litem notice of the hearing	1710
pursuant to the Juvenile Rules. If applicable, the court shall	1711
comply with section 2151.42 of the Revised Code.	1712

(F) Any temporary custody order issued pursuant to division	1713
(A) of this section shall terminate one year after the earlier of	1714
the date on which the complaint in the case was filed or the child	1715
was first placed into shelter care, except that, upon the filing	1716
of a motion pursuant to section 2151.415 of the Revised Code, the	1717
temporary custody order shall continue and not terminate until the	1718
court issues a dispositional order under that section.	1719

(G)(1) No later than one year after the earlier of the date	1720
the complaint in the case was filed or the child was first placed	1721
in shelter care, a party may ask the court to extend an order for	1722
protective supervision for six months or to terminate the order. A	1723
party requesting extension or termination of the order shall file	1724
a written request for the extension or termination with the court	1725
and give notice of the proposed extension or termination in	1726
writing before the end of the day after the day of filing it to	1727
all parties and the child's guardian ad litem. If a public	1728
children services agency or private child placing agency requests	1729
termination of the order, the agency shall file a written status	1730
report setting out the facts supporting termination of the order	1731
at the time it files the request with the court. If no party	1732
requests extension or termination of the order, the court shall	1733
notify the parties that the court will extend the order for six	1734
months or terminate it and that it may do so without a hearing	1735
unless one of the parties requests a hearing. All parties and the	1736
guardian ad litem shall have seven days from the date a notice is	1737
sent pursuant to this division to object to and request a hearing	1738
on the proposed extension or termination.	1739

(a) If it receives a timely request for a hearing, the court	1740
shall schedule a hearing to be held no later than thirty days	1741
after the request is received by the court. The court shall give	1742
notice of the date, time, and location of the hearing to all	1743
parties and the guardian ad litem. At the hearing, the court	1744
shall determine whether extension or termination of the order is	1745
in the child's best interest. If termination is in the child's	1746
best interest, the court shall terminate the order. If extension	1747
is in the child's best interest, the court shall extend the order	1748
for six months.	1749

(b) If it does not receive a timely request for a hearing,	1750
the court may extend the order for six months or terminate it	1751
without a hearing and shall journalize the order of extension or	1752
termination not later than fourteen days after receiving the	1753
request for extension or termination or after the date the court	1754
notifies the parties that it will extend or terminate the order.	1755
If the court does not extend or terminate the order, it shall	1756
schedule a hearing to be held no later than thirty days after the	1757
expiration of the applicable fourteen-day time period and give	1758
notice of the date, time, and location of the hearing to all	1759
parties and the child's guardian ad litem. At the hearing, the	1760
court shall determine whether extension or termination of the	1761
order is in the child's best interest. If termination is in the	1762
child's best interest, the court shall terminate the order. If	1763
extension is in the child's best interest, the court shall issue	1764
an order extending the order for protective supervision six	1765
months.	1766

(2) If the court grants an extension of the order for	1767
protective supervision pursuant to division (G)(1) of this	1768
section, a party may, prior to termination of the extension, file	1769
with the court a request for an additional extension of six months	1770
or for termination of the order. The court and the parties shall	1771
comply with division (G)(1) of this section with respect to	1772
extending or terminating the order.	1773

(3) If a court grants an extension pursuant to division	1774
(G)(2) of this section, the court shall terminate the order for	1775
protective supervision at the end of the extension.	1776

(H) The court shall not issue a dispositional order pursuant	1777
to division (A) of this section that removes a child from the	1778
child's home unless the court complies with section 2151.419 of	1779
the Revised Code and includes in the dispositional order the	1780
findings of fact required by that section.	1781

(I) If a motion or application for an order described in	1782
division (A)(6) of this section is made, the court shall not issue	1783
the order unless, prior to the issuance of the order, it provides	1784
to the person all of the following:	1785

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

1786

(2) The grounds for the motion or application;

1787

(3) An opportunity to present evidence and witnesses at a	1788
hearing regarding the motion or application;	1789

(4) An opportunity to be represented by counsel at the	1790
hearing.	1791

(J) The jurisdiction of the court shall terminate one year	1792
after the date of the award or, if the court takes any further	1793
action in the matter subsequent to the award, the date of the	1794
latest further action subsequent to the award, if the court awards	1795
legal custody of a child to either of the following:	1796

(1) A legal custodian who, at the time of the award of legal	1797
custody, resides in a county of this state other than the county	1798
in which the court is located;	1799

(2) A legal custodian who resides in the county in which the	1800
court is located at the time of the award of legal custody, but	1801
moves to a different county of this state prior to one year after	1802
the date of the award or, if the court takes any further action in	1803
the matter subsequent to the award, one year after the date of the	1804
latest further action subsequent to the award.	1805

The court in the county in which the legal custodian resides	1806
then shall have jurisdiction in the matter.	1807

Sec. 2151.416.  (A) Each agency that is required by section	1808
2151.412 of the Revised Code to prepare a case plan for a child	1809
shall complete a semiannual administrative review of the case plan	1810
no later than six months after the earlier of the date on which	1811
the complaint in the case was filed or the child was first placed	1812
in shelter care. After the first administrative review, the agency	1813
shall complete semiannual administrative reviews no later than	1814
every six months. If the court issues an order pursuant to section	1815
2151.414 or 2151.415 of the Revised Code, the agency shall	1816
complete an administrative review no later than six months after	1817
the court's order and continue to complete administrative reviews	1818
no later than every six months after the first review, except that	1819
the court hearing held pursuant to section 2151.417 of the Revised	1820
Code may take the place of any administrative review that would	1821
otherwise be held at the time of the court hearing. When	1822
conducting a review, the child's health and safety shall be the	1823
paramount concern.	1824

(B) Each administrative review required by division (A) of	1825
this section shall be conducted by a review panel of at least	1826
three persons, including, but not limited to, both of the	1827
following:	1828

(1) A caseworker with day-to-day responsibility for, or	1829
familiarity with, the management of the child's case plan;	1830

(2) A person who is not responsible for the management of the	1831
child's case plan or for the delivery of services to the child or	1832
the parents, guardian, or custodian of the child.	1833

(C) Each semiannual administrative review shall include, but	1834
not be limited to, a joint meeting by the review panel with the	1835
parents, guardian, or custodian of the child, the guardian ad	1836
litem of the child, and the child's foster care provider and shall	1837
include an opportunity for those persons to submit any written	1838
materials to be included in the case record of the child. If a	1839
parent, guardian, custodian, guardian ad litem, or foster care	1840
provider of the child cannot be located after reasonable efforts	1841
to do so or declines to participate in the administrative review	1842
after being contacted, the agency does not have to include them in	1843
the joint meeting.	1844

(D) The agency shall prepare a written summary of the	1845
semiannual administrative review that shall include, but not be	1846
limited to, all of the following:	1847

(1) A conclusion regarding the safety and appropriateness of	1848
the child's foster care placement;	1849

(2) The extent of the compliance with the case plan of all	1850
parties;	1851

(3) The extent of progress that has been made toward	1852
alleviating the circumstances that required the agency to assume	1853
temporary custody of the child;	1854

(4) An estimated date by which the child may be returned to	1855
and safely maintained in the child's home or placed for adoption	1856
or legal custody;	1857

(5) An updated case plan that includes any changes that the	1858
agency is proposing in the case plan;	1859

(6) The recommendation of the agency as to which agency or	1860
person should be given custodial rights over the child for the	1861
six-month period after the administrative review;	1862

(7) The names of all persons who participated in the	1863
administrative review.	1864

(E) The agency shall file the summary with the court no later	1865
than seven days after the completion of the administrative review.	1866
If the agency proposes a change to the case plan as a result of	1867
the administrative review, the agency shall file the proposed	1868
change with the court at the time it files the summary. The agency	1869
shall give notice of the summary and proposed change in writing	1870
before the end of the next day after filing them to all parties	1871
and the child's guardian ad litem. All parties and the guardian ad	1872
litem shall have seven days after the date the notice is sent to	1873
object to and request a hearing on the proposed change.	1874

(1) If the court receives a timely request for a hearing, the	1875
court shall schedule a hearing pursuant to section 2151.417 of the	1876
Revised Code to be held not later than thirty days after the court	1877
receives the request. The court shall give notice of the date,	1878
time, and location of the hearing to all parties and the guardian	1879
ad litem. The agency may implement the proposed change after the	1880
hearing, if the court approves it. The agency shall not implement	1881
the proposed change unless it is approved by the court.	1882

(2) If the court does not receive a timely request for a	1883
hearing, the court may approve the proposed change without a	1884
hearing. If the court approves the proposed change without a	1885
hearing, it shall journalize the case plan with the change not	1886
later than fourteen days after the change is filed with the court.	1887
If the court does not approve the proposed change to the case	1888
plan, it shall schedule a review hearing to be held pursuant to	1889
section 2151.417 of the Revised Code no later than thirty days	1890
after the expiration of the fourteen-day time period and give	1891
notice of the date, time, and location of the hearing to all	1892
parties and the guardian ad litem of the child. If, despite the	1893
requirements of this division and division (D) of section 2151.417	1894
of the Revised Code, the court neither approves and journalizes	1895
the proposed change nor conducts a hearing, the agency may	1896
implement the proposed change not earlier than fifteen days after	1897
it is submitted to the court.	1898

(F) The director of job and family services may adopt rules	1899
pursuant to Chapter 119. of the Revised Code for procedures and	1900
standard forms for conducting administrative reviews pursuant to	1901
this section.	1902

(G) The juvenile court that receives the written summary of	1903
the administrative review, upon determining, either from the	1904
written summary, case plan, or otherwise, that the custody or care	1905
arrangement is not in the best interest of the child, may	1906
terminate the custody of an agency and place the child in the	1907
custody of another institution or association certified by the	1908
department of job and family services under section 5103.03 of the	1909
Revised Code.	1910

(H) The department of job and family services shall report	1911
annually to the public and to the general assembly on the results	1912
of the review of case plans of each agency. The annual report	1913
shall include any information that is required by the department,	1914
including, but not limited to, all of the following:	1915

(1) A statistical analysis of the administrative reviews	1916
conducted pursuant to this section and section 2151.417 of the	1917
Revised Code;	1918

(2) The number of children in temporary or permanent custody	1919
for whom an administrative review was conducted, the number of	1920
children whose custody status changed during the period, the	1921
number of children whose residential placement changed during the	1922
period, and the number of residential placement changes for each	1923
child during the period;	1924

(3) An analysis of the utilization of public social services	1925
by agencies and parents or guardians, and the utilization of the	1926
adoption listing service of the department pursuant to section	1927
5103.154 of the Revised Code.	1928

Sec. 2151.421.  (A)(1)(a) No person described in division	1929
(A)(1)(b) of this section who is acting in an official or	1930
professional capacity and knows or suspects that a child under	1931
eighteen years of age or a mentally retarded, developmentally	1932
disabled, or physically impaired child under twenty-one years of	1933
age has suffered or faces a threat of suffering any physical or	1934
mental wound, injury, disability, or condition of a nature that	1935
reasonably indicates abuse or neglect of the child, shall fail to	1936
immediately report that knowledge or suspicion to the entity or	1937
persons specified in this division. Except as provided in section	1938
5120.173 of the Revised Code, the person making the report shall	1939
make it to the public children services agency or a municipal or	1940
county peace officer in the county in which the child resides or	1941
in which the abuse or neglect is occurring or has occurred. In the	1942
circumstances described in section 5120.173 of the Revised Code,	1943
the person making the report shall make it to the entity specified	1944
in that section.	1945

(b) Division (A)(1)(a) of this section applies to any person	1946
who is an attorney; physician, including a hospital intern or	1947
resident; dentist; podiatrist; practitioner of a limited branch of	1948
medicine as specified in section 4731.15 of the Revised Code;	1949
registered nurse; licensed practical nurse; visiting nurse; other	1950
health care professional; licensed psychologist; licensed school	1951
psychologist; independent marriage and family therapist or	1952
marriage and family therapist; speech pathologist or audiologist;	1953
coroner; administrator or employee of a child day-care center;	1954
administrator or employee of a residential camp or child day camp;	1955
administrator or employee of a certified child care agency or	1956
other public or private children services agency; school teacher;	1957
school employee; school authority; person engaged in social work	1958
or the practice of professional counseling; agent of a county	1959
humane society; person rendering spiritual treatment through	1960
prayer in accordance with the tenets of a well-recognized	1961
religion; superintendent, board member, or employee of a county	1962
board of mental retardation; investigative agent contracted with	1963
by a county board of mental retardation; or employee of the	1964
department of mental retardation and developmental disabilities.	1965

(2) An attorney or a physician is not required to make a	1966
report pursuant to division (A)(1) of this section concerning any	1967
communication the attorney or physician receives from a client or	1968
patient in an attorney-client or physician-patient relationship,	1969
if, in accordance with division (A) or (B) of section 2317.02 of	1970
the Revised Code, the attorney or physician could not testify with	1971
respect to that communication in a civil or criminal proceeding,	1972
except that the client or patient is deemed to have waived any	1973
testimonial privilege under division (A) or (B) of section 2317.02	1974
of the Revised Code with respect to that communication and the	1975
attorney or physician shall make a report pursuant to division	1976
(A)(1) of this section with respect to that communication, if all	1977
of the following apply:	1978

(a) The client or patient, at the time of the communication,	1979
is either a child under eighteen years of age or a mentally	1980
retarded, developmentally disabled, or physically impaired person	1981
under twenty-one years of age.	1982

(b) The attorney or physician knows or suspects, as a result	1983
of the communication or any observations made during that	1984
communication, that the client or patient has suffered or faces a	1985
threat of suffering any physical or mental wound, injury,	1986
disability, or condition of a nature that reasonably indicates	1987
abuse or neglect of the client or patient.	1988

(c) The attorney-client or physician-patient relationship	1989
does not arise out of the client's or patient's attempt to have an	1990
abortion without the notification of her parents, guardian, or	1991
custodian in accordance with section 2151.85 of the Revised Code.	1992

(B) Anyone, who knows or suspects that a child under eighteen	1993
years of age or a mentally retarded, developmentally disabled, or	1994
physically impaired person under twenty-one years of age has	1995
suffered or faces a threat of suffering any physical or mental	1996
wound, injury, disability, or other condition of a nature that	1997
reasonably indicates abuse or neglect of the child may report or	1998
cause reports to be made of that knowledge or suspicion to the	1999
entity or persons specified in this division. Except as provided	2000
in section 5120.173 of the Revised Code, a person making a report	2001
or causing a report to be made under this division shall make it	2002
or cause it to be made to the public children services agency or	2003
to a municipal or county peace officer. In the circumstances	2004
described in section 5120.173 of the Revised Code, a person making	2005
a report or causing a report to be made under this division shall	2006
make it or cause it to be made to the entity specified in that	2007
section.	2008

(C) Any report made pursuant to division (A) or (B) of this	2009
section shall be made forthwith either by telephone or in person	2010
and shall be followed by a written report, if requested by the	2011
receiving agency or officer. The written report shall contain:	2012

(1) The names and addresses of the child and the child's	2013
parents or the person or persons having custody of the child, if	2014
known;	2015

(2) The child's age and the nature and extent of the child's	2016
known or suspected injuries, abuse, or neglect or of the known or	2017
suspected threat of injury, abuse, or neglect, including any	2018
evidence of previous injuries, abuse, or neglect;	2019

(3) Any other information that might be helpful in	2020
establishing the cause of the known or suspected injury, abuse, or	2021
neglect or of the known or suspected threat of injury, abuse, or	2022
neglect.	2023

Any person, who is required by division (A) of this section	2024
to report known or suspected child abuse or child neglect, may	2025
take or cause to be taken color photographs of areas of trauma	2026
visible on a child and, if medically indicated, cause to be	2027
performed radiological examinations of the child.	2028

(D) As used in this division, "children's advocacy center"	2029
and "sexual abuse of a child" have the same meanings as in section	2030
2151.425 of the Revised Code.	2031

(1) When a municipal or county peace officer receives a	2032
report concerning the possible abuse or neglect of a child or the	2033
possible threat of abuse or neglect of a child, upon receipt of	2034
the report, the municipal or county peace officer who receives the	2035
report shall refer the report to the appropriate public children	2036
services agency.	2037

(2) When a public children services agency receives a report	2038
pursuant to this division or division (A) or (B) of this section,	2039
upon receipt of the report, the public children services agency	2040
shall do both of the following:	2041

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

2042

(b) If the county served by the agency is also served by a	2043
children's advocacy center and the report alleges sexual abuse of	2044
a child or another type of abuse of a child that is specified in	2045
the memorandum of understanding that creates the center as being	2046
within the center's jurisdiction, comply regarding the report with	2047
the protocol and procedures for referrals and investigations, with	2048
the coordinating activities, and with the authority or	2049
responsibility for performing or providing functions, activities,	2050
and services stipulated in the interagency agreement entered into	2051
under section 2151.428 of the Revised Code relative to that	2052
center.	2053

(E) No township, municipal, or county peace officer shall	2054
remove a child about whom a report is made pursuant to this	2055
section from the child's parents, stepparents, or guardian or any	2056
other persons having custody of the child without consultation	2057
with the public children services agency, unless, in the judgment	2058
of the officer, and, if the report was made by physician, the	2059
physician, immediate removal is considered essential to protect	2060
the child from further abuse or neglect. The agency that must be	2061
consulted shall be the agency conducting the investigation of the	2062
report as determined pursuant to section 2151.422 of the Revised	2063
Code.	2064

(F)(1) Except as provided in section 2151.422 of the Revised	2065
Code or in an interagency agreement entered into under section	2066
2151.428 of the Revised Code that applies to the particular	2067
report, the public children services agency shall investigate,	2068
within twenty-four hours, each report of known or suspected child	2069
abuse or child neglect and of a known or suspected threat of child	2070
abuse or child neglect that is referred to it under this section	2071
to determine the circumstances surrounding the injuries, abuse, or	2072
neglect or the threat of injury, abuse, or neglect, the cause of	2073
the injuries, abuse, neglect, or threat, and the person or persons	2074
responsible. The investigation shall be made in cooperation with	2075
the law enforcement agency and in accordance with the memorandum	2076
of understanding prepared under division (J) of this section. A	2077
representative of the public children services agency shall, at	2078
the time of initial contact with the person subject to the	2079
investigation, inform the person of the specific complaints or	2080
allegations made against the person. The information shall be	2081
given in a manner that is consistent with division (H)(1) of this	2082
section and protects the rights of the person making the report	2083
under this section.	2084

A failure to make the investigation in accordance with the	2085
memorandum is not grounds for, and shall not result in, the	2086
dismissal of any charges or complaint arising from the report or	2087
the suppression of any evidence obtained as a result of the report	2088
and does not give, and shall not be construed as giving, any	2089
rights or any grounds for appeal or post-conviction relief to any	2090
person. The public children services agency shall report each case	2091
to a central registry whichthe uniform statewide automated child	2092
welfare information system that the department of job and family	2093
services shall maintain in order to determine whether prior	2094
reports have been made in other counties concerning the child or	2095
other principals in the caseaccordance with section 5101.13 of	2096
the Revised Code. The public children services agency shall submit	2097
a report of its investigation, in writing, to the law enforcement	2098
agency.	2099

(2) The public children services agency shall make any	2100
recommendations to the county prosecuting attorney or city	2101
director of law that it considers necessary to protect any	2102
children that are brought to its attention.	2103

(G)(1)(a) Except as provided in division (H)(3) of this	2104
section, anyone or any hospital, institution, school, health	2105
department, or agency participating in the making of reports under	2106
division (A) of this section, anyone or any hospital, institution,	2107
school, health department, or agency participating in good faith	2108
in the making of reports under division (B) of this section, and	2109
anyone participating in good faith in a judicial proceeding	2110
resulting from the reports, shall be immune from any civil or	2111
criminal liability for injury, death, or loss to person or	2112
property that otherwise might be incurred or imposed as a result	2113
of the making of the reports or the participation in the judicial	2114
proceeding.	2115

(b) Notwithstanding section 4731.22 of the Revised Code, the	2116
physician-patient privilege shall not be a ground for excluding	2117
evidence regarding a child's injuries, abuse, or neglect, or the	2118
cause of the injuries, abuse, or neglect in any judicial	2119
proceeding resulting from a report submitted pursuant to this	2120
section.	2121

(2) In any civil or criminal action or proceeding in which it	2122
is alleged and proved that participation in the making of a report	2123
under this section was not in good faith or participation in a	2124
judicial proceeding resulting from a report made under this	2125
section was not in good faith, the court shall award the	2126
prevailing party reasonable attorney's fees and costs and, if a	2127
civil action or proceeding is voluntarily dismissed, may award	2128
reasonable attorney's fees and costs to the party against whom the	2129
civil action or proceeding is brought.	2130

(H)(1) Except as provided in divisions (H)(4) and (M) of this	2131
section, a report made under this section is confidential. The	2132
information provided in a report made pursuant to this section and	2133
the name of the person who made the report shall not be released	2134
for use, and shall not be used, as evidence in any civil action or	2135
proceeding brought against the person who made the report. In a	2136
criminal proceeding, the report is admissible in evidence in	2137
accordance with the Rules of Evidence and is subject to discovery	2138
in accordance with the Rules of Criminal Procedure.	2139

(2) No person shall permit or encourage the unauthorized	2140
dissemination of the contents of any report made under this	2141
section.	2142

(3) A person who knowingly makes or causes another person to	2143
make a false report under division (B) of this section that	2144
alleges that any person has committed an act or omission that	2145
resulted in a child being an abused child or a neglected child is	2146
guilty of a violation of section 2921.14 of the Revised Code.	2147

(4) If a report is made pursuant to division (A) or (B) of	2148
this section and the child who is the subject of the report dies	2149
for any reason at any time after the report is made, but before	2150
the child attains eighteen years of age, the public children	2151
services agency or municipal or county peace officer to which the	2152
report was made or referred, on the request of the child fatality	2153
review board, shall submit a summary sheet of information	2154
providing a summary of the report to the review board of the	2155
county in which the deceased child resided at the time of death.	2156
On the request of the review board, the agency or peace officer	2157
may, at its discretion, make the report available to the review	2158
board. If the county served by the public children services agency	2159
is also served by a children's advocacy center and the report of	2160
alleged sexual abuse of a child or another type of abuse of a	2161
child is specified in the memorandum of understanding that creates	2162
the center as being within the center's jurisdiction, the agency	2163
or center shall perform the duties and functions specified in this	2164
division in accordance with the interagency agreement entered into	2165
under section 2151.428 of the Revised Code relative to that	2166
advocacy center.	2167

(5) A public children services agency shall advise a person	2168
alleged to have inflicted abuse or neglect on a child who is the	2169
subject of a report made pursuant to this section, including a	2170
report alleging sexual abuse of a child or another type of abuse	2171
of a child referred to a children's advocacy center pursuant to an	2172
interagency agreement entered into under section 2151.428 of the	2173
Revised Code, in writing of the disposition of the investigation.	2174
The agency shall not provide to the person any information that	2175
identifies the person who made the report, statements of	2176
witnesses, or police or other investigative reports.	2177

(I) Any report that is required by this section, other than a	2178
report that is made to the state highway patrol as described in	2179
section 5120.173 of the Revised Code, shall result in protective	2180
services and emergency supportive services being made available by	2181
the public children services agency on behalf of the children	2182
about whom the report is made, in an effort to prevent further	2183
neglect or abuse, to enhance their welfare, and, whenever	2184
possible, to preserve the family unit intact. The agency required	2185
to provide the services shall be the agency conducting the	2186
investigation of the report pursuant to section 2151.422 of the	2187
Revised Code.	2188

(J)(1) Each public children services agency shall prepare a	2189
memorandum of understanding that is signed by all of the	2190
following:	2191

(a) If there is only one juvenile judge in the county, the	2192
juvenile judge of the county or the juvenile judge's	2193
representative;	2194

(b) If there is more than one juvenile judge in the county, a	2195
juvenile judge or the juvenile judges' representative selected by	2196
the juvenile judges or, if they are unable to do so for any	2197
reason, the juvenile judge who is senior in point of service or	2198
the senior juvenile judge's representative;	2199

(c) The county peace officer;

2200

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

2201

(e) Other law enforcement officers handling child abuse and	2202
neglect cases in the county;	2203

(f) The prosecuting attorney of the county;

2204

(g) If the public children services agency is not the county	2205
department of job and family services, the county department of	2206
job and family services;	2207

(h) The county humane society;

2208

(i) If the public children services agency participated in	2209
the execution of a memorandum of understanding under section	2210
2151.426 of the Revised Code establishing a children's advocacy	2211
center, each participating member of the children's advocacy	2212
center established by the memorandum.	2213

(2) A memorandum of understanding shall set forth the normal	2214
operating procedure to be employed by all concerned officials in	2215
the execution of their respective responsibilities under this	2216
section and division (C) of section 2919.21, division (B)(1) of	2217
section 2919.22, division (B) of section 2919.23, and section	2218
2919.24 of the Revised Code and shall have as two of its primary	2219
goals the elimination of all unnecessary interviews of children	2220
who are the subject of reports made pursuant to division (A) or	2221
(B) of this section and, when feasible, providing for only one	2222
interview of a child who is the subject of any report made	2223
pursuant to division (A) or (B) of this section. A failure to	2224
follow the procedure set forth in the memorandum by the concerned	2225
officials is not grounds for, and shall not result in, the	2226
dismissal of any charges or complaint arising from any reported	2227
case of abuse or neglect or the suppression of any evidence	2228
obtained as a result of any reported child abuse or child neglect	2229
and does not give, and shall not be construed as giving, any	2230
rights or any grounds for appeal or post-conviction relief to any	2231
person.	2232

(3) A memorandum of understanding shall include all of the	2233
following:	2234

(a) The roles and responsibilities for handling emergency and	2235
nonemergency cases of abuse and neglect;	2236

(b) Standards and procedures to be used in handling and	2237
coordinating investigations of reported cases of child abuse and	2238
reported cases of child neglect, methods to be used in	2239
interviewing the child who is the subject of the report and who	2240
allegedly was abused or neglected, and standards and procedures	2241
addressing the categories of persons who may interview the child	2242
who is the subject of the report and who allegedly was abused or	2243
neglected.	2244

(4) If a public children services agency participated in the	2245
execution of a memorandum of understanding under section 2151.426	2246
of the Revised Code establishing a children's advocacy center, the	2247
agency shall incorporate the contents of that memorandum in the	2248
memorandum prepared pursuant to this section.	2249

(K)(1) Except as provided in division (K)(4) of this section,	2250
a person who is required to make a report pursuant to division (A)	2251
of this section may make a reasonable number of requests of the	2252
public children services agency that receives or is referred the	2253
report, or of the children's advocacy center that is referred the	2254
report if the report is referred to a children's advocacy center	2255
pursuant to an interagency agreement entered into under section	2256
2151.428 of the Revised Code, to be provided with the following	2257
information:	2258

(a) Whether the agency or center has initiated an	2259
investigation of the report;	2260

(b) Whether the agency or center is continuing to investigate	2261
the report;	2262

(c) Whether the agency or center is otherwise involved with	2263
the child who is the subject of the report;	2264

(d) The general status of the health and safety of the child	2265
who is the subject of the report;	2266

(e) Whether the report has resulted in the filing of a	2267
complaint in juvenile court or of criminal charges in another	2268
court.	2269

(2) A person may request the information specified in	2270
division (K)(1) of this section only if, at the time the report is	2271
made, the person's name, address, and telephone number are	2272
provided to the person who receives the report.	2273

When a municipal or county peace officer or employee of a	2274
public children services agency receives a report pursuant to	2275
division (A) or (B) of this section the recipient of the report	2276
shall inform the person of the right to request the information	2277
described in division (K)(1) of this section. The recipient of the	2278
report shall include in the initial child abuse or child neglect	2279
report that the person making the report was so informed and, if	2280
provided at the time of the making of the report, shall include	2281
the person's name, address, and telephone number in the report.	2282

Each request is subject to verification of the identity of	2283
the person making the report. If that person's identity is	2284
verified, the agency shall provide the person with the information	2285
described in division (K)(1) of this section a reasonable number	2286
of times, except that the agency shall not disclose any	2287
confidential information regarding the child who is the subject of	2288
the report other than the information described in those	2289
divisions.	2290

(3) A request made pursuant to division (K)(1) of this	2291
section is not a substitute for any report required to be made	2292
pursuant to division (A) of this section.	2293

(4) If an agency other than the agency that received or was	2294
referred the report is conducting the investigation of the report	2295
pursuant to section 2151.422 of the Revised Code, the agency	2296
conducting the investigation shall comply with the requirements of	2297
division (K) of this section.	2298

(L) The director of job and family services shall adopt rules	2299
in accordance with Chapter 119. of the Revised Code to implement	2300
this section. The department of job and family services may enter	2301
into a plan of cooperation with any other governmental entity to	2302
aid in ensuring that children are protected from abuse and	2303
neglect. The department shall make recommendations to the attorney	2304
general that the department determines are necessary to protect	2305
children from child abuse and child neglect.	2306

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

2307

(a) "Out-of-home care" includes a nonchartered nonpublic	2308
school if the alleged child abuse or child neglect, or alleged	2309
threat of child abuse or child neglect, described in a report	2310
received by a public children services agency allegedly occurred	2311
in or involved the nonchartered nonpublic school and the alleged	2312
perpetrator named in the report holds a certificate, permit, or	2313
license issued by the state board of education under section	2314
3301.071 or Chapter 3319. of the Revised Code.	2315

(b) "Administrator, director, or other chief administrative	2316
officer" means the superintendent of the school district if the	2317
out-of-home care entity subject to a report made pursuant to this	2318
section is a school operated by the district.	2319

(2) No later than the end of the day following the day on	2320
which a public children services agency receives a report of	2321
alleged child abuse or child neglect, or a report of an alleged	2322
threat of child abuse or child neglect, that allegedly occurred in	2323
or involved an out-of-home care entity, the agency shall provide	2324
written notice of the allegations contained in and the person	2325
named as the alleged perpetrator in the report to the	2326
administrator, director, or other chief administrative officer of	2327
the out-of-home care entity that is the subject of the report	2328
unless the administrator, director, or other chief administrative	2329
officer is named as an alleged perpetrator in the report. If the	2330
administrator, director, or other chief administrative officer of	2331
an out-of-home care entity is named as an alleged perpetrator in a	2332
report of alleged child abuse or child neglect, or a report of an	2333
alleged threat of child abuse or child neglect, that allegedly	2334
occurred in or involved the out-of-home care entity, the agency	2335
shall provide the written notice to the owner or governing board	2336
of the out-of-home care entity that is the subject of the report.	2337
The agency shall not provide witness statements or police or other	2338
investigative reports.	2339

(3) No later than three days after the day on which a public	2340
children services agency that conducted the investigation as	2341
determined pursuant to section 2151.422 of the Revised Code makes	2342
a disposition of an investigation involving a report of alleged	2343
child abuse or child neglect, or a report of an alleged threat of	2344
child abuse or child neglect, that allegedly occurred in or	2345
involved an out-of-home care entity, the agency shall send written	2346
notice of the disposition of the investigation to the	2347
administrator, director, or other chief administrative officer and	2348
the owner or governing board of the out-of-home care entity. The	2349
agency shall not provide witness statements or police or other	2350
investigative reports.	2351

Sec. 2151.423.  A public children services agency shall	2352
disclose confidential information discovered during an	2353
investigation conducted pursuant to section 2151.421 or 2151.422	2354
of the Revised Code to any federal, state, or local government	2355
entity that needs the information to carry out its	2356
responsibilities to protect children from abuse or neglect.	2357

Information disclosed pursuant to this section is	2358
confidential and is not subject to disclosure pursuant to section	2359
149.43 or 1347.08 of the Revised Code by the agency to whom the	2360
information was disclosed. The agency receiving the information	2361
shall maintain the confidentiality of information disclosed	2362
pursuant to this section.	2363

Sec. 3107.014.  (A) Except as provided in division (B) of	2364
this section, only an individual who meets all of the following	2365
requirements may perform the duties of an assessor under sections	2366
3107.031, 3107.082, 3107.09, 3107.12, 5103.0324, and 5103.152 of	2367
the Revised Code:	2368

(1) The individual must be in the employ of, appointed by, or	2369
under contract with a court, public children services agency,	2370
private child placing agency, or private noncustodial agency;	2371

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

2372

(a) A professional counselor or, social worker, or marriage	2373
and family therapist licensed under Chapter 4757. of the Revised	2374
Code;	2375

(b) A psychologist licensed under Chapter 4732. of the	2376
Revised Code;	2377

(c) A student working to earn a four-year, post-secondary	2378
degree, or higher, in a social or behavior science, or both, who	2379
conducts assessor's duties under the supervision of a professional	2380
counselor or, social worker, or marriage and family therapist	2381
licensed under Chapter 4757. of the Revised Code or a psychologist	2382
licensed under Chapter 4732. of the Revised Code;. Beginning July	2383
1, 2009, a student is eligible under this division only if the	2384
supervising professional counselor, social worker, marriage and	2385
family therapist, or psychologist has completed training in	2386
accordance with rules adopted under section 3107.015 of the	2387
Revised Code.	2388

(d) A civil service employee engaging in social work without	2389
a license under Chapter 4757. of the Revised Code, as permitted by	2390
division (A)(5) of section 4757.41 of the Revised Code;	2391

(e) A former employee of a public children services agency	2392
who, while so employed, conducted the duties of an assessor.	2393

(3) The individual must complete education programstraining	2394
in accordance with rules adopted under section 3107.015 of the	2395
Revised Code.	2396

(B) An individual in the employ of, appointed by, or under	2397
contract with a court prior to September 18, 1996, to conduct	2398
adoption investigations of prospective adoptive parents may	2399
perform the duties of an assessor under sections 3107.031,	2400
3107.082, 3107.09, 3107.12, 5103.0324, and 5103.152 of the Revised	2401
Code if the individual complies with division (A)(3) of this	2402
section regardless of whether the individual meets the requirement	2403
of division (A)(2) of this section.	2404

(C) A court, public children services agency, private child	2405
placing agency, or private noncustodial agency may employ,	2406
appoint, or contract with an assessor in the county in which a	2407
petition for adoption is filed and in any other county or location	2408
outside this state where information needed to complete or	2409
supplement the assessor's duties may be obtained. More than one	2410
assessor may be utilized for an adoption.	2411

Sec. 3107.015. Not later than ninety days after June 20,	2412
1996, theThe director of job and family services shall adopt	2413
rules in accordance with Chapter 119. of the Revised Code	2414
governing the education programstraining an individual must	2415
complete for the purpose of division (A)(3) of section 3107.014 of	2416
the Revised Code. The education programstraining shall include	2417
courses on adoption placement practice, federal and state adoption	2418
assistance programs, and post adoption support services.	2419

Sec. 3107.016.  The department of job and family services	2420
shall develop a schedule of education programstraining that meet	2421
meets the requirements established in rules adopted pursuant to	2422
section 3107.015 of the Revised Code. The schedule shall include	2423
enough programstraining to provide all agencies equal access to	2424
the programstraining. The department shall distribute the	2425
schedule to all agencies.	2426

Sec. 3107.17.  (A) All hearings held under sections 3107.01	2427
to 3107.19 of the Revised Code shall be held in closed court	2428
without the admittance of any person other than essential officers	2429
of the court, the parties, the witnesses of the parties, counsel,	2430
persons who have not previously consented to an adoption but who	2431
are required to consent, and representatives of the agencies	2432
present to perform their official duties.	2433

(B)(1) Except as provided in divisions (B)(2) and (D) of this	2434
section and sections 3107.39 to 3107.44 and 3107.60 to 3107.68 of	2435
the Revised Code, no person or governmental entity shall knowingly	2436
reveal any information contained in a paper, book, or record	2437
pertaining to a placement under section 5103.16 of the Revised	2438
Code or to an adoption that is part of the permanent record of a	2439
court or maintained by the department of job and family services,	2440
an agency, or attorney without the consent of a court.	2441

(2) An agency or attorney may examine the agency's or	2442
attorney's own papers, books, and records pertaining to a	2443
placement oran adoption without a court's consent for official	2444
administrative purposes. The department of job and family services	2445
may examine its own papers, books, and records pertaining to a	2446
placement oran adoption, or such papers, books, and records of an	2447
agency, without a court's consent for official administrative,	2448
certification, and eligibility determination purposes.	2449

(C) The petition, the interlocutory order, the final decree	2450
of adoption, and other adoption proceedings shall be recorded in a	2451
book kept for such purposes and shall be separately indexed. The	2452
book shall be a part of the records of the court, and all	2453
consents, affidavits, and other papers shall be properly filed.	2454

(D) All forms that pertain to the social or medical histories	2455
of the biological parents of an adopted person and that were	2456
completed pursuant to section 3107.09 or 3107.091 of the Revised	2457
Code shall be filed only in the permanent record kept by the	2458
court. During the minority of the adopted person, only the	2459
adoptive parents of the person may inspect the forms. When an	2460
adopted person reaches majority, only the adopted person may	2461
inspect the forms. Under the circumstances described in this	2462
division, an adopted person or the adoptive parents are entitled	2463
to inspect the forms upon requesting the clerk of the court to	2464
produce them.	2465

(E)(1) The department of job and family services shall	2466
prescribe a form that permits any person who is authorized by	2467
division (D) of this section to inspect forms that pertain to the	2468
social or medical histories of the biological parents and that	2469
were completed pursuant to section 3107.09 or 3107.091 of the	2470
Revised Code to request notice if any correction or expansion of	2471
either such history, made pursuant to division (D) of section	2472
3107.09 of the Revised Code, is made a part of the permanent	2473
record kept by the court. The form shall be designed to facilitate	2474
the provision of the information and statements described in	2475
division (E)(3) of this section. The department shall provide	2476
copies of the form to each court. A court shall provide a copy of	2477
the request form to each adoptive parent when a final decree of	2478
adoption is entered and shall explain to each adoptive parent at	2479
that time that an adoptive parent who completes and files the form	2480
will be notified of any correction or expansion of either the	2481
social or medical history of the biological parents of the adopted	2482
person made during the minority of the adopted person that is made	2483
a part of the permanent record kept by the court, and that, during	2484
the adopted person's minority, the adopted person may inspect the	2485
forms that pertain to those histories. Upon request, the court	2486
also shall provide a copy of the request form to any adoptive	2487
parent during the minority of the adopted person and to an adopted	2488
person who has reached the age of majority.	2489

(2) Any person who is authorized to inspect forms pursuant to	2490
division (D) of this section who wishes to be notified of	2491
corrections or expansions pursuant to division (D) of section	2492
3107.09 of the Revised Code that are made a part of the permanent	2493
record kept by the court shall file with the court, on a copy of	2494
the form prescribed by the department of job and family services	2495
pursuant to division (E)(1) of this section, a request for such	2496
notification that contains the information and statements required	2497
by division (E)(3) of this section. A request may be filed at any	2498
time if the person who files the request is authorized at that	2499
time to inspect forms that pertain to the social or medical	2500
histories.	2501

(3) A request for notification as described in division	2502
(E)(2) of this section shall contain all of the following	2503
information:	2504

(a) The adopted person's name and mailing address at that	2505
time;	2506

(b) The name of each adoptive parent, and if the adoptive	2507
person is a minor at the time of the filing of the request, the	2508
mailing address of each adoptive parent at that time;	2509

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

2510

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

2511

(e) A statement requesting the court to notify the person who	2512
files the request, at the address provided in the request, if any	2513
correction or expansion of either the social or medical history of	2514
the biological parents is made a part of the permanent record kept	2515
by the court;	2516

(f) A statement that the person who files the request is	2517
authorized, at the time of the filing, to inspect the forms that	2518
pertain to the social and medical histories of the biological	2519
parents;	2520

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

2521

(4) Upon the filing of a request for notification in	2522
accordance with division (E)(2) of this section, the clerk of the	2523
court in which it is filed immediately shall insert the request in	2524
the permanent record of the case. A person who has filed the	2525
request and who wishes to update it with respect to a new mailing	2526
address may inform the court in writing of the new address. Upon	2527
its receipt, the court promptly shall insert the new address into	2528
the permanent record by attaching it to the request. Thereafter,	2529
any notification described in this division shall be sent to the	2530
new address.	2531

(5) Whenever a social or medical history of a biological	2532
parent is corrected or expanded and the correction or expansion is	2533
made a part of the permanent record kept by the court, the court	2534
shall ascertain whether a request for notification has been filed	2535
in accordance with division (E)(2) of this section. If such a	2536
request has been filed, the court shall determine whether, at that	2537
time, the person who filed the request is authorized, under	2538
division (D) of this section, to inspect the forms that pertain to	2539
the social or medical history of the biological parents. If the	2540
court determines that the person who filed the request is so	2541
authorized, it immediately shall notify the person that the social	2542
or medical history has been corrected or expanded, that it has	2543
been made a part of the permanent record kept by the court, and	2544
that the forms that pertain to the records may be inspected in	2545
accordance with division (D) of this section.	2546

Sec. 3109.16.  The children's trust fund board, upon the	2547
recommendation of the director of job and family services, shall	2548
approve the employment of an executive director who will	2549
administer the programs of the board. The department of job and	2550
family services shall provide budgetary, procurement, accounting,	2551
and other related management functions for the board and may adopt	2552
rules in accordance with Chapter 119. of the Revised Code for	2553
these purposes. An amount not to exceed three per cent of the	2554
total amount of fees deposited in the children's trust fund in	2555
each fiscal year may be used for costs directly related to these	2556
administrative functions of the department. Each fiscal year, the	2557
board shall approve a budget for administrative expenditures for	2558
the next fiscal year.	2559

The board shall meet at least quarterly at the call of the	2560
chairperson to conduct its official business. All business	2561
transactions of the board shall be conducted in public meetings.	2562
Eight members of the board constitute a quorum. A majority of the	2563
board members is required to adopt the state plan for the	2564
allocation of funds from the children's trust fund. A majority of	2565
the quorum is required to make all other decisions of the board.	2566

The board may apply for and accept federal and other funds	2567
for the purpose of funding child abuse and child neglect	2568
prevention programs. In addition, the board may accept gifts and	2569
donations from any source, including individuals, philanthropic	2570
foundations or organizations, corporations, or corporation	2571
endowments. The acceptance and use of federal funds shall not	2572
entail any commitment or pledge of state funds, nor obligate the	2573
general assembly to continue the programs or activities for which	2574
the federal funds are made available. All funds received in the	2575
manner described in this section shall be transmitted to the	2576
treasurer of state, who shall credit them to the children's trust	2577
fund created in section 3109.14 of the Revised Code.	2578

Sec. 3109.17.  (A) For each fiscal biennium, the children's	2579
trust fund board shall establish a biennial state plan for	2580
comprehensive child abuse and child neglect prevention. The plan	2581
shall be transmitted to the governor, the president and minority	2582
leader of the senate, and the speaker and minority leader of the	2583
house of representatives and shall be made available to the	2584
general public. The board may define in the state plan the term	2585
"effective public notice." If the board does not define that term	2586
in the state plan, the board shall include in the state plan the	2587
definition of "effective public notice" specified in rules adopted	2588
by the department of job and family services.	2589

(B) In developing and carrying out the state plan, the	2590
children's trust fund board shall, in accordance with rules	2591
adopted by the department pursuant to Chapter 119. of the Revised	2592
Code, do all of the following:	2593

(1) Ensure that an opportunity exists for assistance through	2594
child abuse and child neglect prevention programs to persons	2595
throughout the state of various social and economic backgrounds;	2596

(2) Before the thirtieth day of October of each year, notify	2597
each child abuse and child neglect prevention advisory board of	2598
the amount estimated to be allocated to that advisory board for	2599
the following fiscal year;	2600

(3) Develop criteria for county or district local allocation	2601
plans, including criteria for determining the plans'	2602
effectiveness;	2603

(4) Review, and approve or disapprove, county or district	2604
local allocation plans, as described in section 3109.171 of the	2605
Revised Code;	2606

(5) Allocate funds to each child abuse and child neglect	2607
prevention advisory board for the purpose of funding child abuse	2608
and child neglect prevention programs. Funds shall be allocated	2609
among advisory boards according to a formula based on the ratio of	2610
the number of children under age eighteen in the county or	2611
multicounty district to the number of children under age eighteen	2612
in the state, as shown in the most recent federal decennial census	2613
of population. Subject to the availability of funds and except as	2614
provided in section 3109.171 of the Revised Code, each advisory	2615
board shall receive a minimum of ten thousand dollars per fiscal	2616
year. In the case of an advisory board that serves a multicounty	2617
district, the advisory board shall receive, subject to available	2618
funds and except as provided in section 3109.171 of the Revised	2619
Code, a minimum of ten thousand dollars per fiscal year for each	2620
county in the district. Funds shall be disbursed to the advisory	2621
boards twice annually. At least fifty per cent of the funds	2622
allocated to an advisory board for a fiscal year shall be	2623
disbursed to the advisory board not later than the thirtieth day	2624
of September. The remainder of the funds allocated to the	2625
advisory board for that fiscal year shall be disbursed before the	2626
thirty-first day of March.	2627

The board shall specify the criteria child abuse and child	2628
neglect prevention advisory boards are to use in reviewing	2629
applications under division (F)(3) of section 3109.18 of the	2630
Revised Code.	2631

(6) Allocate funds to entities other than child abuse and	2632
child neglect prevention advisory boards for the purpose of	2633
funding child abuse and child neglect prevention programs that	2634
have statewide significance and that have been approved by the	2635
children's trust fund board;	2636

(7) Provide for the monitoring of expenditures from the	2637
children's trust fund and of programs that receive money from the	2638
children's trust fund;	2639

(8) Establish reporting requirements for advisory boards;

2640

(9) Collaborate with appropriate persons and government	2641
entities and facilitate the exchange of information among those	2642
persons and entities for the purpose of child abuse and child	2643
neglect prevention;	2644

(10) Provide for the education of the public and	2645
professionals for the purpose of child abuse and child neglect	2646
prevention;	2647

(11) Create and provide to each advisory board a children's	2648
trust fund grant application form;	2649

(12) Specify the information to be included in a semi-annual	2650
semiannual and an annual report completed by a children's advocacy	2651
center for which a child abuse and child neglect prevention	2652
advisory board uses funds allocated to the advisory board under	2653
section 3109.172 of the Revised Code, and each other person or	2654
entity that is a recipient of a children's trust fund grant under	2655
division (K)(1) of section 3109.18 of the Revised Code.	2656

(C) The children's trust fund board shall prepare a report	2657
for each fiscal biennium that delineates the expenditure of money	2658
from the children's trust fund. On or before January 1, 2002, and	2659
on or before the first day of January of a year that follows the	2660
end of a fiscal biennium of this state, the board shall file a	2661
copy of the report with the governor, the president and minority	2662
leader of the senate, and the speaker and minority leader of the	2663
house of representatives.	2664

(D) The children's trust fund board shall develop a list of	2665
all state and federal sources of funding that might be available	2666
for establishing, operating, or establishing and operating a	2667
children's advocacy center under sections 2151.425 to 2151.428 of	2668
the Revised Code. The board periodically shall update the list as	2669
necessary. The board shall maintain, or provide for the	2670
maintenance of, the list at an appropriate location. That location	2671
may be the offices of the department of job and family services.	2672
The board shall provide the list upon request to any children's	2673
advocacy center or to any person or entity identified in section	2674
2151.426 of the Revised Code as a person or entity that may	2675
participate in the establishment of a children's advocacy center.	2676

Sec. 5101.13. (A) The department of job and family services	2677
shall establish and maintain a uniform statewide automated child	2678
welfare information system in accordance with the requirements of	2679
42 U.S.C.A. 674(a)(3)(C) and related federal regulations and	2680
guidelines. The information system shall contain records regarding	2681
any of the following:	2682

(1) Investigations of children and families, and children's	2683
care in out-of-home care, in accordance with sections 2151.421 and	2684
5153.16 of the Revised Code;	2685

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

2686

(3) Any other information related to children and families	2687
that state or federal law, regulation, or rule requires the	2688
department or a public children services agency to maintain.	2689

(B) The department shall plan implementation of the	2690
information system on a county by county basis and shall finalize	2691
statewide implementation not later than January 1, 2008.	2692

(C) The department shall promptly notify all public children	2693
services agencies of the initiation and completion of statewide	2694
implementation of the statewide information system established	2695
under division (A) of this section.	2696

(D) "Out-of-home care" has the same meaning as in section	2697
2151.011 of the Revised Code.	2698

Sec. 5101.131.  Except as provided in section 5101.132 of the	2699
Revised Code, information contained in or obtained from the	2700
information system established and maintained under section	2701
5101.13 of the Revised Code is confidential and is not subject to	2702
disclosure pursuant to section 149.43 or 1347.08 of the Revised	2703
Code.	2704

Sec. 5101.132.  Information contained in the information	2705
system established and maintained under section 5101.13 of the	2706
Revised Code may be accessed only as follows:	2707

(A) The department of job and family services and a public	2708
children services agency may access the information when either of	2709
the following is the case:	2710

(1) The access is directly connected with assessment,	2711
investigation, or services regarding a child or family;	2712

(2) The access is permitted by state or federal law, rule, or	2713
regulation.	2714

(B) A person may access the information in a manner, to the	2715
extent, and for the purposes authorized by rules adopted by the	2716
department.	2717

Sec. 5101.133.  No person shall access or use information	2718
contained in the information system established and maintained	2719
under section 5101.13 of the Revised Code other than in accordance	2720
with section 5101.132 of the Revised Code or rules authorized by	2721
that section.	2722

No person shall disclose information obtained from the	2723
information system established and maintained under section	2724
5101.13 of the Revised Code in a manner not specified by rules	2725
authorized by section 5101.134 of the Revised Code.	2726

Sec. 5101.134. (A)(1) The department of job and family	2727
services may adopt rules in accordance with section 111.15 of the	2728
Revised Code, as if they were internal management rules, as	2729
necessary to carry out the purposes of sections 5101.13 to	2730
5101.133 of the Revised Code.	2731

(2) The department may adopt rules in accordance with Chapter	2732
119. of the Revised Code as necessary to carry out the purposes of	2733
division (B) of section 5101.132 of the Revised Code.	2734

(B) Public children services agencies shall implement and use	2735
the information system established pursuant to section 5101.13 of	2736
the Revised Code in accordance with rules adopted by the	2737
department.	2738

Sec. 5101.141.  (A) As used in sections 5101.141 to 5101.1410	2739
of the Revised Code, "Title IV-E" means Title IV-E of the "Social	2740
Security Act," 94 Stat. 501, 42 U.S.C. 670 (1980), as amended.	2741

(B) The department of job and family services shall act as	2742
the single state agency to administer federal payments for foster	2743
care and adoption assistance made pursuant to Title IV-E. The	2744
director of job and family services shall adopt rules to implement	2745
this authority. Rules governing financial and administrative	2746
requirements applicable to public children services agencies and	2747
government entities that provide Title IV-E reimbursable placement	2748
services to children shall be adopted in accordance with section	2749
111.15 of the Revised Code, as if they were internal management	2750
rules. Rules governing requirements applicable to private child	2751
placing agencies and private noncustodial agencies and rules	2752
establishing eligibility, program participation, and other	2753
requirements concerning Title IV-E shall be adopted in accordance	2754
with Chapter 119. of the Revised Code. A public children services	2755
agency to which the department distributes Title IV-E funds shall	2756
administer the funds in accordance with those rules.	2757

(C)(1) The county, on behalf of each child eligible for	2758
foster care maintenance payments under Title IV-E, shall make	2759
payments to cover the cost of providing all of the following:	2760

(a) The child's food, clothing, shelter, daily supervision,	2761
and school supplies;	2762

(b) The child's personal incidentals;

2763

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

2764

(2) In addition to payments made under division (C)(1) of	2765
this section, the county may, on behalf of each child eligible for	2766
foster care maintenance payments under Title IV-E, make payments	2767
to cover the cost of providing the following:	2768

(a) Liability insurance with respect to the child;

2769

(b) If the county is participating in the demonstration	2770
project established under division (A) of section 5101.142 of the	2771
Revised Code, services provided under the project.	2772

(3) With respect to a child who is in a child-care	2773
institution, including any type of group home designed for the	2774
care of children or any privately operated program consisting of	2775
two or more certified foster homes operated by a common	2776
administrative unit, the foster care maintenance payments made by	2777
the county on behalf of the child shall include the reasonable	2778
cost of the administration and operation of the institution, group	2779
home, or program, as necessary to provide the items described in	2780
divisions (C)(1) and (2) of this section.	2781

(D) To the extent that either foster care maintenance	2782
payments under division (C) of this section or Title IV-E adoption	2783
assistance payments for maintenance costs require the expenditure	2784
of county funds, the board of county commissioners shall report	2785
the nature and amount of each expenditure of county funds to the	2786
department.	2787

(E) The department shall distribute to public children	2788
services agencies that incur and report such expenditures federal	2789
financial participation received for administrative and training	2790
costs incurred in the operation of foster care maintenance and	2791
adoption assistance programs. The department may withhold not more	2792
than three per cent of the federal financial participation	2793
received. The funds withheld may be used only to fund the Ohio	2794
child welfare training program established under section 5153.60	2795
5103.30 of the Revised Code and the university partnership program	2796
for college and university students majoring in social work who	2797
have committed to work for a public children services agency upon	2798
graduation. The funds withheld shall be in addition to any	2799
administration and training cost for which the department is	2800
reimbursed through its own cost allocation plan.	2801

(F) All federal financial participation funds received by a	2802
county pursuant to this section shall be deposited into the	2803
county's children services fund created pursuant to section	2804
5101.144 of the Revised Code.	2805

(G) The department shall periodically publish and distribute	2806
the maximum amounts that the department will reimburse public	2807
children services agencies for making payments on behalf of	2808
children eligible for foster care maintenance payments.	2809

(H) The department, by and through its director, is hereby	2810
authorized to develop, participate in the development of,	2811
negotiate, and enter into one or more interstate compacts on	2812
behalf of this state with agencies of any other states, for the	2813
provision of medical assistance and other social services to	2814
children in relation to whom all of the following apply:	2815

(1) They have special needs.

2816

(2) This state or another state that is a party to the	2817
interstate compact is providing adoption assistance on their	2818
behalf.	2819

(3) They move into this state from another state or move out	2820
of this state to another state.	2821

Sec. 5101.29.  When contained in a record held by the	2822
department of job and family services or a county agency, the	2823
following are not public records for purposes of section 149.43 of	2824
the Revised Code:	2825

(A) Names and other identifying information regarding	2826
children enrolled in or attending a child day-care center or home	2827
subject to licensure, certification, or registration under Chapter	2828
5104. of the Revised Code;	2829

(B) Names and other identifying information regarding	2830
children placed with an institution or association certified under	2831
section 5103.03 of the Revised Code;	2832

(C) Names and other identifying information regarding a	2833
person who makes an oral or written complaint regarding aan	2834
institution, association, child day-care center, or home subject	2835
to licensure, certification, or registration to the department or	2836
other state or county entity responsible for enforcing Chapter	2837
5103. or 5104. of the Revised Code.	2838

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

2839

(1) "Agency" means the following entities that administer a	2840
family services program:	2841

(a) The department of job and family services;

2842

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

2843

(c) A public children services agency;

2844

(d) A private or government entity administering, in whole or	2845
in part, a family services program for or on behalf of the	2846
department of job and family services or a county department of	2847
job and family services or public children services agency.	2848

(2) "Appellant" means an applicant, participant, former	2849
participant, recipient, or former recipient of a family services	2850
program who is entitled by federal or state law to a hearing	2851
regarding a decision or order of the agency that administers the	2852
program.	2853

(3) "Family services program" means assistance provided under	2854
a Title IV-A program as defined in section 5101.80 of the Revised	2855
Code or under Chapter 5104., 5111., or 5115. or section 173.35,	2856
5101.141, 5101.46, 5101.461, 5101.54, 5153.163, or 5153.165 of the	2857
Revised Code, other than assistance provided under section 5101.46	2858
of the Revised Code by the department of mental health, the	2859
department of mental retardation and developmental disabilities, a	2860
board of alcohol, drug addiction, and mental health services, or a	2861
county board of mental retardation and developmental disabilities.	2862

(B) Except as provided by divisions (G) and (H) of this	2863
section, an appellant who appeals under federal or state law a	2864
decision or order of an agency administering a family services	2865
program shall, at the appellant's request, be granted a state	2866
hearing by the department of job and family services. This state	2867
hearing shall be conducted in accordance with rules adopted under	2868
this section. The state hearing shall be tape-recordedrecorded,	2869
but neither the recording nor a transcript of the recording shall	2870
be part of the official record of the proceeding. A state hearing	2871
decision is binding upon the agency and department, unless it is	2872
reversed or modified on appeal to the director of job and family	2873
services or a court of common pleas.	2874

(C) Except as provided by division (G) of this section, an	2875
appellant who disagrees with a state hearing decision may make an	2876
administrative appeal to the director of job and family services	2877
in accordance with rules adopted under this section. This	2878
administrative appeal does not require a hearing, but the director	2879
or the director's designee shall review the state hearing decision	2880
and previous administrative action and may affirm, modify, remand,	2881
or reverse the state hearing decision. Any person designated to	2882
make an administrative appeal decision on behalf of the director	2883
shall have been admitted to the practice of law in this state. An	2884
administrative appeal decision is the final decision of the	2885
department and is binding upon the department and agency, unless	2886
it is reversed or modified on appeal to the court of common pleas.	2887

(D) An agency shall comply with a decision issued pursuant to	2888
division (B) or (C) of this section within the time limits	2889
established by rules adopted under this section. If a county	2890
department of job and family services or a public children	2891
services agency fails to comply within these time limits, the	2892
department may take action pursuant to section 5101.24 of the	2893
Revised Code. If another agency fails to comply within the time	2894
limits, the department may force compliance by withholding funds	2895
due the agency or imposing another sanction established by rules	2896
adopted under this section.	2897

(E) An appellant who disagrees with an administrative appeal	2898
decision of the director of job and family services or the	2899
director's designee issued under division (C) of this section may	2900
appeal from the decision to the court of common pleas pursuant to	2901
section 119.12 of the Revised Code. The appeal shall be governed	2902
by section 119.12 of the Revised Code except that:	2903

(1) The person may appeal to the court of common pleas of the	2904
county in which the person resides, or to the court of common	2905
pleas of Franklin county if the person does not reside in this	2906
state.	2907

(2) The person may apply to the court for designation as an	2908
indigent and, if the court grants this application, the appellant	2909
shall not be required to furnish the costs of the appeal.	2910

(3) The appellant shall mail the notice of appeal to the	2911
department of job and family services and file notice of appeal	2912
with the court within thirty days after the department mails the	2913
administrative appeal decision to the appellant. For good cause	2914
shown, the court may extend the time for mailing and filing notice	2915
of appeal, but such time shall not exceed six months from the date	2916
the department mails the administrative appeal decision. Filing	2917
notice of appeal with the court shall be the only act necessary to	2918
vest jurisdiction in the court.	2919

(4) The department shall be required to file a transcript of	2920
the testimony of the state hearing with the court only if the	2921
court orders the department to file the transcript. The court	2922
shall make such an order only if it finds that the department and	2923
the appellant are unable to stipulate to the facts of the case and	2924
that the transcript is essential to a determination of the appeal.	2925
The department shall file the transcript not later than thirty	2926
days after the day such an order is issued.	2927

(F) The department of job and family services shall adopt	2928
rules in accordance with Chapter 119. of the Revised Code to	2929
implement this section, including rules governing the following:	2930

(1) State hearings under division (B) of this section. The	2931
rules shall include provisions regarding notice of eligibility	2932
termination and the opportunity of an appellant appealing a	2933
decision or order of a county department of job and family	2934
services to request a county conference with the county department	2935
before the state hearing is held.	2936

(2) Administrative appeals under division (C) of this	2937
section;	2938

(3) Time limits for complying with a decision issued under	2939
division (B) or (C) of this section;	2940

(4) Sanctions that may be applied against an agency under	2941
division (D) of this section.	2942

(G) The department of job and family services may adopt rules	2943
in accordance with Chapter 119. of the Revised Code establishing	2944
an appeals process for an appellant who appeals a decision or	2945
order regarding a Title IV-A program identified under division	2946
(A)(4)(c), (d), (e), or (f) of section 5101.80 of the Revised Code	2947
that is different from the appeals process established by this	2948
section. The different appeals process may include having a state	2949
agency that administers the Title IV-A program pursuant to an	2950
interagency agreement entered into under section 5101.801 of the	2951
Revised Code administer the appeals process.	2952

(H) If an appellant receiving medicaid through a health	2953
insuring corporation that holds a certificate of authority under	2954
Chapter 1751. of the Revised Code is appealing a denial of	2955
medicaid services based on lack of medical necessity or other	2956
clinical issues regarding coverage by the health insuring	2957
corporation, the person hearing the appeal may order an	2958
independent medical review if that person determines that a review	2959
is necessary. The review shall be performed by a health care	2960
professional with appropriate clinical expertise in treating the	2961
recipient's condition or disease. The department shall pay the	2962
costs associated with the review.	2963

A review ordered under this division shall be part of the	2964
record of the hearing and shall be given appropriate evidentiary	2965
consideration by the person hearing the appeal.	2966

(I) The requirements of Chapter 119. of the Revised Code	2967
apply to a state hearing or administrative appeal under this	2968
section only to the extent, if any, specifically provided by rules	2969
adopted under this section.	2970

Sec. 5101.72.  The department of job and family services, to	2971
the extent of available funds, may reimburse county departments of	2972
job and family services for all or part of the costs they incur in	2973
implementing sections 5101.60 to 5101.71 of the Revised Code. The	2974
director of job and family services shall adopt, and may amend or	2975
rescind,internal management rules underin accordance with	2976
section 111.15 of the Revised Code that provide for reimbursement	2977
of county departments of job and family services under this	2978
section.	2979

The director shall adopt internal management rules in	2980
accordance with section 111.15 of the Revised Code that do both of	2981
the following:	2982

(A) Implement sections 5101.60 to 5101.71 of the Revised	2983
Code;	2984

(B) Require the county departments to collect and submit to	2985
the department, or ensure that a designated agency collects and	2986
submits to the department, data concerning the implementation of	2987
sections 5101.60 to 5101.71 of the Revised Code.	2988

Sec. 5101.99.  (A) Whoever violates division (A) or (B) of	2989
section 5101.61 of the Revised Code shall be fined not more than	2990
five hundred dollars.	2991

(B) Whoever violates division (A) of section 5101.27 of the	2992
Revised Code is guilty of a misdemeanor of the first degree.	2993

(C) Whoever violates section 5101.133 of the Revised Code is	2994
guilty of a misdemeanor of the fourth degree.	2995

Sec. 5103.031.  Except as provided in section 5103.033 of the	2996
Revised Code, the department of job and family services may not	2997
issue a certificate under section 5103.03 of the Revised Code to a	2998
foster home unless the prospective foster caregiver successfully	2999
completes the following amount of preplacement training through a	3000
preplacement training program operatedapproved by the department	3001
of job and family services under section 5103.0345103.038 of the	3002
Revised Code or 5153.60preplacement training provided under	3003
division (B) of section 5103.30 of the Revised Code:	3004

(A) If the foster home is a family foster home, at least	3005
twenty-four hours;	3006

(B) If the foster home is a specialized foster home, at least	3007
thirty-six hours.	3008

Sec. 5103.033. (A) The department of job and family services	3009
may issue or renew a certificate under section 5103.03 of the	3010
Revised Code to a foster home for the care of a child who is in	3011
the custody of a public children services agency or private child	3012
placing agency pursuant to an agreement entered into under section	3013
5103.15 of the Revised Code regarding a child who was less than	3014
six months of age on the date the agreement was executed if the	3015
prospective foster caregiver or foster caregiver successfully	3016
completes the following amount of training:	3017

(1) For an initial certificate, at least twelve hours of	3018
preplacement training through a preplacement training program	3019
operatedapproved by the department of job and family services	3020
under section 5103.0345103.038 of the Revised Code or 5153.60	3021
preplacement training provided under division (B) of section	3022
5103.30 of the Revised Code;	3023

(2) For renewal of a certificate, at least twenty-four hours	3024
of continuing training in the preceding two-year period in	3025
accordance with the foster caregiver's needs assessment and	3026
continuing training plan developed and implemented under section	3027
5103.035 of the Revised Code.	3028

(B) A foster caregiver to whom either division (B)(1) or (2)	3029
of this section applies shall be given an additional amount of	3030
time within which to complete the continuing training required	3031
under division (A)(2) of this section in accordance with rules	3032
adopted by the department of job and family services:	3033

(1) The foster caregiver has served in active duty outside	3034
this state with a branch of the armed forces of the United States	3035
for more than thirty days in the preceding two-year period.	3036

(2) The foster caregiver has served in active duty as a	3037
member of the Ohio organized militia, as defined in section	3038
5923.01 of the Revised Code, for more than thirty days in the	3039
preceding two-year period and that active duty relates to either	3040
an emergency in or outside of this state or to military duty in or	3041
outside of this state.	3042

Sec. 5103.034. (A) A privatePrivate child placing agency or	3043
agencies and private noncustodial agencyagencies operating a	3044
preplacement training program or continuing training program	3045
approved by the department of job and family services under	3046
section 5103.038 of the Revised Code or the Ohio child welfare	3047
training program operating a preplacement training program or	3048
continuing training program pursuant to section 5153.60 of the	3049
Revised Code shall make the program available to a prospective	3050
foster caregiver or foster caregivers. The agency or program shall	3051
make the programs availablecaregiver without regard to the type	3052
of recommending agency from which athe prospective foster	3053
caregiver or foster caregiver seeks a recommendation.	3054

(B) A private child placing agency or private noncustodial	3055
agency operating a preplacement training program or continuing	3056
training program approved by the department of job and family	3057
services under section 5103.038 of the Revised Code may condition	3058
the enrollment of a prospective foster caregiver or foster	3059
caregiver in athe program on either or both of the following:	3060

(1) Availability of space in the training program;

3061

(2) If applicable, paymentPayment of an instruction or	3062
registration fee, if any, by the prospective foster caregiver or	3063
foster caregiver's recommending agency.	3064

(C) The Ohio child welfare training program operating a	3065
preplacement training program or continuing training program	3066
pursuant to section 5153.60 of the Revised Code may condition the	3067
enrollment in a preplacement training program or continuing	3068
training program of a foster caregiver whose recommending agency	3069
is a private child placing agency or private noncustodial agency	3070
on either or both of the following:	3071

(1) Availability of space in the training program;

3072

(2) Assignment to the program by the foster caregiver's	3073
recommending agency of the allowance payable under section	3074
5103.0313 of the Revised Code.	3075

(D) A private child placing agency or private noncustodial	3076
agency may contract with an individual or a public or private	3077
entity to administeroperating a preplacement training program or	3078
continuing training program operated by the agency and approved by	3079
the department of job and family services under section 5103.038	3080
of the Revised Code may contract with a person or governmental	3081
entity to administer the program.	3082

Sec. 5103.035.  A public children services agency, private	3083
child placing agency, or private noncustodial agency acting as a	3084
recommending agency for a foster caregiver holding a certificate	3085
issued under section 5103.03 of the Revised Code shall develop and	3086
implement a written needs assessment and continuing training plan	3087
for the foster caregiver. Each needs assessment and continuing	3088
training plan shall satisfy all of the following requirements:	3089

(A) Be effective for the two-year period the foster	3090
caregiver's certificate is in effect;	3091

(B) Be appropriate for the type of foster home the foster	3092
caregiver operates;	3093

(C) Require the foster caregiver to successfully complete the	3094
training required by the department in rules adopted pursuant to	3095
section 5103.0316 of the Revised Code and any other courses the	3096
agency considers appropriate;	3097

(D) Include criteria the agency is to use to determine	3098
whether the foster caregiver has successfully completed the	3099
courses;	3100

(E) Guarantee that the courses the foster caregiver is	3101
required to complete are available to the foster caregiver at	3102
reasonable times and places;	3103

(F) Specify whetherthe number of hours of continuing	3104
training, if any, the agency will waive any of the hours of	3105
continuing training the foster caregiver is required bypursuant	3106
to division (B) of section 5103.032 of the Revised Code to	3107
complete if the foster caregiver satisfies the conditions for the	3108
agency to issue a waiver. If the agency will issue a waiver, the	3109
agency shall state in the needs assessment and continuing training	3110
plan the number of hours of continuing training, not to exceed	3111
eight, that the agency will waive.	3112

Sec. 5103.036. (A) For the purpose of determining whether a	3113
prospective foster caregiver or foster caregiver has satisfied the	3114
requirement of section 5103.031 or 5103.032 of the Revised Code, a	3115
recommending agency shall accept training obtained from aeither	3116
of the following:	3117

(1) Any preplacement training program or continuing training	3118
program operatedapproved by the department of job and family	3119
services under section 5103.034 or 5153.605103.038 of the Revised	3120
Code;	3121

(2) The Ohio child welfare training program pursuant to	3122
divisions (B) and (C) of section 5103.30 of the Revised Code	3123
regardless of whether the program is operated by the recommending	3124
agency. The	3125

(B) A recommending agency may require that thea prospective	3126
foster caregiver or foster caregiver successfully complete	3127
additional training as a condition of the agency recommending that	3128
the department of job and family services certify or recertify the	3129
prospective foster caregiver or foster caregiver's foster home	3130
under section 5103.03 of the Revised Code.	3131

Sec. 5103.038.  (A) Every other year by a date specified in	3132
rules adopted under section 5103.0316 of the Revised Code, each	3133
private child placing agency and private noncustodial agency that	3134
seeks to operate a preplacement training program or continuing	3135
training program under section 5103.034 of the Revised Code shall	3136
submit to the department of job and family services a proposal	3137
outlining the program. The proposal may be the same as, a	3138
modification of, or different from, a model design developed under	3139
section 5103.037 of the Revised Codeby the department.	3140

(B) Not later than thirty days after receiving a proposal	3141
under division (A) of this section, the department shall either	3142
approve or disapprove the proposed program. The department shall	3143
approve a proposed preplacement training program if it complies	3144
with section 5103.039 or 5103.0311 of the Revised Code, as	3145
appropriate, and, in the case of a proposal submitted by an agency	3146
operating a preplacement training program at the time the proposal	3147
is submitted, the department is satisfied with the agency's	3148
operation of the program. The department shall approve a proposed	3149
continuing training program if it complies with rules adopted	3150
pursuant to division (C) of section 5103.0316 of the Revised Code	3151
and, in the case of a proposal submitted by an agency operating a	3152
continuing training program at the time the proposal is submitted,	3153
the department is satisfied with the agency's operation of the	3154
program. If the department disapproves a proposal, it shall	3155
provide the reason for disapproval to the agency that submitted	3156
the proposal and advise the agency of how to revise the proposal	3157
so that the department can approve it.	3158

(C) The department's approval under division (B) of this	3159
section of a proposed preplacement training program or continuing	3160
training program is valid only for two years following the year	3161
the proposal for the program is submitted to the department under	3162
division (A) of this section.	3163

Sec. 5103.039.  Except for preplacement training programs	3164
described in section 5103.0311 of the Revised Code, a preplacement	3165
training program shall consist of courses in the role of foster	3166
caregivers as a part of the care and treatment of foster children.	3167
A prospective foster caregiver shall complete all of the courses,	3168
which shall address all of the following:	3169

(A) The legal rights and responsibilities of foster	3170
caregivers;	3171

(B) Public children services agencies, private child placing	3172
agencies, and private noncustodial agencies' policies and	3173
procedures regarding foster caregivers;	3174

(C) The department of job and family services' requirements	3175
for certifying foster homes;	3176

(D) The effects placement, separation, and attachment issues	3177
have on children, their families, and foster caregivers;	3178

(E) Foster caregivers' involvement in permanency planning for	3179
children and their families;	3180

(F) The effects of physical abuse, sexual abuse, emotional	3181
abuse, neglect, and substance abuse on normal human growth and	3182
development;	3183

(G) Behavior management techniques;

3184

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

3185

(I) Cultural issues in placement;

3186

(J) Prevention, recognition, and management of communicable	3187
diseases;	3188

(K) Community health and social services available to	3189
children and their families;	3190

(L) The substance of section 2152.72 of the Revised Code. A	3191
course addressing section 2152.72 of the Revised Code shall be not	3192
less than one hour long.	3193

(M) In the case of a preplacement training program for a	3194
prospective foster caregiver seeking certification for a	3195
specialized foster home, additional issues specific to the types	3196
of children placed in specialized foster homes, including	3197
cardiopulmonary resuscitation and first aid, appropriate	3198
behavioral intervention techniques, such as de-escalation,	3199
self-defense, and physical restraint techniques and the	3200
appropriate use of such techniques.	3201

Sec. 5103.0311.  (A) A preplacement training program for	3202
prospective foster caregivers described in section 5103.033 of the	3203
Revised Code shall consist of courses that address all of the	3204
following:	3205

(1) The legal rights and responsibilities of foster	3206
caregivers;	3207

(2) The policies and procedures of public children services	3208
agencies, private child placing agencies, and private noncustodial	3209
agencies regarding foster caregivers;	3210

(3) The department of job and family services' requirements	3211
for certifying foster homes;	3212

(4) Infant care;

3213

(5) Early childhood development.

3214

(B) A continuing training program for foster caregivers	3215
described in section 5103.033 of the Revised Code shall meet the	3216
requirements of rules adopted pursuant to section 5103.0316 of the	3217
Revised Code.	3218

Sec. 5103.0312.  A public children services agency, private	3219
child placing agency, or private noncustodial agency acting as a	3220
recommending agency for a foster caregivers who hold certificates	3221
issued under section 5103.03 of the Revised Codecaregiver shall	3222
pay thosethe foster caregiverscaregiver a stipend to reimburse	3223
themthe foster caregiver for attending a preplacement training	3224
program or continuing training program operated under section	3225
5103.034 or 5153.605103.30 of the Revised Code. The payment shall	3226
be based on a stipend rate established by the department of job	3227
and family services. The stipend rate shall be the same regardless	3228
of the type of recommending agency from which athe foster	3229
caregiver seeks a recommendation. The department shall, pursuant	3230
to rules adopted under section 5103.0316 of the Revised Code,	3231
reimburse the recommending agency for stipend payments it makes in	3232
accordance with this section. No payment shall be made to an	3233
individual for attending a preplacement training program if the	3234
individual fails to obtain a foster home certificate under section	3235
5103.03 of the Revised Code.	3236

Sec. 5103.0313. TheExcept as provided in section 5103.303	3237
of the Revised Code, the department of job and family services	3238
shall compensate a private child placing agency or private	3239
noncustodial agency for the cost of procuring or operating	3240
preplacement and continuing training programs approved by the	3241
department of job and family services under section 5103.034	3242
5103.038 of the Revised Code for prospective foster caregivers and	3243
foster caregivers who are recommended for initial certification or	3244
recertification by the agency.	3245

The compensation shall be paid to the agency in the form of	3246
an allowance for each hour of preplacement and continuing training	3247
provided or received.	3248

Sec. 5103.0315.  The department of job and family services	3249
shall seek federal financial participation for the cost of making	3250
payments under section 5103.0312 of the Revised Code and	3251
allowances under sectionsections 5103.0313 and 5103.303 of the	3252
Revised Code. The department shall notify the governor, president	3253
of the senate, minority leader of the senate, speaker of the house	3254
of representatives, and minority leader of the house of	3255
representatives of any proposed federal legislation that endangers	3256
the federal financial participation.	3257

Sec. 5103.07.  The department of job and family services	3258
shall administer funds received under Title IV-B of the "Social	3259
Security Act," 4981 Stat. 620821 (19351967), 42 U.S.C.A. 620,	3260
as amended, and the "Child Abuse Prevention and Treatment Act," 88	3261
Stat. 4 (1974), 42 U.S.C.A. 5101, as amended. In administering	3262
these funds, the department may establish a child welfare services	3263
program and a child abuse and neglect prevention and adoption	3264
reform program. The department has all powers necessary for the	3265
adequate administration of these funds and programs. The director	3266
of job and family services may adopt internal management rules in	3267
accordance with section 111.15 of the Revised Code as necessary to	3268
carry out the purposes of this section.	3269

Sec. 5153.60.        Sec. 5103.30. (A) The Ohio child welfare training	3270
program is hereby established in the department of job and family	3271
services shall establishas a statewide program that provides. The	3272
program shall provide all of the following:	3273

(1)(A) The training that section 3107.014 of the Revised Code	3274
requires an assessor to complete;	3275

(B) The preplacement training that sections 5103.031 and	3276
5103.033 of the Revised Code require a prospective foster	3277
caregiver to complete;	3278

(C) The continuing training that sections 5103.032 and	3279
5103.033 of the Revised Code require a foster caregiver to	3280
complete;	3281

(D) The training that section 5153.122 of the Revised Code	3282
requires public children services agency caseworkers and	3283
supervisorsa PCSA caseworker to complete;	3284

(2) The preplacement and continuing training described in	3285
sections 5103.034, 5103.039, and 5103.0311 of the Revised Code	3286
that foster caregivers are required by sections 5103.031,	3287
5103.032, and 5103.033 of the Revised Code to obtain;	3288

(3) The education programs for adoption assessors required by	3289
section 3107.014 of the Revised Code(E) The training that section	3290
5153.123 of the Revised Code requires a PCSA caseworker supervisor	3291
to complete.	3292

(B) The program established pursuant to division (A) of this	3293
section shall be called the "Ohio child welfare training program."	3294

Sec. 5103.301.  The Ohio child welfare training program shall	3295
make its preplacement and continuing training provided under	3296
divisions (B) and (C) of section 5103.30 of the Revised Code	3297
available to a prospective foster caregiver or foster caregiver	3298
without regard to the type of recommending agency from which the	3299
prospective foster caregiver or foster caregiver seeks a	3300
recommendation.	3301

Sec. 5103.302.  The Ohio child welfare training program may	3302
condition a prospective foster caregiver or foster caregiver's	3303
enrollment in its preplacement and continuing training provided	3304
under divisions (B) and (C) of section 5103.30 of the Revised Code	3305
on the availability of space in the training if the prospective	3306
foster caregiver or foster caregiver's recommending agency is a	3307
private child placing agency or private noncustodial agency.	3308

Sec. 5103.303.  When the Ohio child welfare training program	3309
provides preplacement or continuing training to a prospective	3310
foster caregiver or foster caregiver whose recommending agency is	3311
a private child placing agency or private noncustodial agency, the	3312
department of job and family services shall not pay the Ohio child	3313
welfare training program the allowance the department would	3314
otherwise pay to the private child placing agency or private	3315
noncustodial agency under section 5103.0313 of the Revised Code	3316
for the training.	3317

Sec. 5103.31.  Training provided under section 5103.30 of the	3318
Revised Code shall provide the knowledge, skill, and ability	3319
needed to do the jobs that the training is for. The Ohio child	3320
welfare training program coordinator shall identify the	3321
competencies needed to do the jobs that the training is for so	3322
that the training helps the development of those competencies. In	3323
addition, the training shall do all of the following:	3324

(A) In the case of the training provided under division (A)	3325
of section 5103.30 of the Revised Code, comply with the rules	3326
adopted under section 3107.015 of the Revised Code;	3327

(B) In the case of the preplacement training provided under	3328
division (B) of section 5103.30 of the Revised Code, comply with	3329
section 5103.039 of the Revised Code and division (A) of section	3330
5103.0311 of the Revised Code;	3331

(C) In the case of the continuing training provided under	3332
division (C) of section 5103.30 of the Revised Code, comply with	3333
rules adopted under division (C) of section 5103.0316 of the	3334
Revised Code;	3335

(D) In the case of the training provided under divisions (D)	3336
and (E) of section 5103.30 of the Revised Code, comply with rules	3337
adopted under section 5153.124 of the Revised Code.	3338

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

3339

(1) "Title IV-B" means Title IV-B of the "Social Security Act	3340
of 1967," 81 Stat. 821, 42 U.S.C. 620, as amended.	3341

(2) "Title IV-E" means Title IV-E of the "Social Security	3342
Act," 94 Stat. 501, 42 U.S.C. 670(1980).	3343

(3) "Title XX" has the same meaning as in section 5101.46 of	3344
the Revised Code.	3345

(B) For purposes of adequately funding the Ohio child welfare	3346
training program, the department of job and family services may	3347
use any of the following:	3348

(1) The federal financial participation funds withheld	3349
pursuant to division (E) of section 5101.141 of the Revised Code	3350
in an amount determined by the department;	3351

(2) Funds available under Title XX, Title IV-B, and Title	3352
IV-E to pay for training costs;	3353

(3) Other available state or federal funds;

3354

(4) Funds that a person, including a foundation, makes	3355
available for the program.	3356

Sec. 5103.33.  The director of job and family services shall	3357
adopt rules under Chapter 119. of the Revised Code as necessary to	3358
implement the Ohio child welfare training program.	3359

Sec. 5103.34.  The department of job and family services	3360
shall monitor and evaluate the Ohio child welfare training program	3361
to ensure that the program satisfies all of the requirements	3362
established by law enacted by the general assembly regarding the	3363
program and rules adopted under section 5103.33 of the Revised	3364
Code. As part of the monitoring and evaluation, the department	3365
shall ensure that the training provided under section 5103.30 of	3366
the Revised Code meets all of the requirements of section 5103.31	3367
of the Revised Code, including the requirement that the training	3368
be competency based.	3369

Sec. 5153.61.        Sec. 5103.35.  Each fiscal biennium, the department	3370
of job and family services shall contract with an entity to serve	3371
as the training coordinator for the Ohio child welfare training	3372
program coordinator. The training coordinator shall develop,	3373
implement, and manage the training program. The department shall	3374
select the entity with which to contract from the candidates	3375
selected pursuant toentities that submit a proposal that meets,	3376
as determined under section 5103.362 of the Revised Code, the	3377
requirements of the request for proposals issued under section	3378
5153.635103.36 of the Revised Code. AThe department may contract	3379
with the entity the department contracted with the previous fiscal	3380
biennium even though no request for proposals is issued if, as	3381
specified in section 5103.361 of the Revised Code, a request for	3382
proposals is not required for the upcoming fiscal biennium.	3383

A contract entered into under this section shall be effective	3384
on the first day of the fiscal biennium for which it is entered	3385
into and terminate on the last day of that fiscal biennium. The	3386
contract shall require the coordinator to perform the duties	3387
specified in section 5103.37 of the Revised Code.	3388

Sec. 5153.62.        Sec. 5103.36. Before the beginning of each fiscal	3389
biennium, theThe department of job and family services shall	3390
develop and issue or cause to be issued a request for proposals	3391
for the development, implementation, and management, as training	3392
coordinator, ofan entity to serve as the Ohio child welfare	3393
training program during the bienniumcoordinator. The department	3394
shall develop the request for proposals in consultation with	3395
individuals designatedsolicited under section 5153.645103.365 of	3396
the Revised Code. The request for proposals shall explain the	3397
types of duties of the coordinator.	3398

Sec. 5103.361.  (A) Except as provided in division (B) of	3399
this section, the request for proposals required by section	3400
5103.36 of the Revised Code shall be developed and issued before	3401
the beginning of each fiscal biennium.	3402

(B) The department is not required to develop and issue or	3403
cause to be issued the request for proposals before the beginning	3404
of a fiscal biennium if both of the following are the case:	3405

(1) The department developed and issued or caused to be	3406
issued such a request for proposals before at least one of the	3407
three previous fiscal biennia;	3408

(2) The department and entity under contract to serve as the	3409
Ohio child welfare training program coordinator contract for that	3410
entity to continue serving as the coordinator for the upcoming	3411
fiscal biennium.	3412

Sec. 5153.63.        Sec. 5103.362. Before the beginning of each fiscal	3413
biennium,After considering recommendations from the individuals	3414
designatedsolicited under section 5153.645103.363 of the Revised	3415
Code, the department of job and family services shall review all	3416
responses to thedetermine which of the proposals received in	3417
response to a request for proposals issued under section 5153.62	3418
5103.36 of the Revised Code for the biennium and recommend to the	3419
department of job and family services those entities that meet the	3420
requirements of the request.	3421

Sec. 5153.64.        Sec. 5103.363.  The director of job and family	3422
services shall selectsolicit representatives from all of the	3423
following organizations to perform the consultation and	3424
recommendation duties under sections 5153.625103.36 and 5153.63	3425
5103.362 of the Revised Code:	3426

(A) Regional training centers established under section	3427
5153.725103.42 of the Revised Code;	3428

(B) Staff of public children services agencies;

3429

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

3430

(D) A statewide organization that represents the interests of	3431
public children services agencies.	3432

Sec. 5153.65.        Sec. 5103.37.  The entity contracted with to serve as	3433
the training coordinator for the Ohio child welfare training	3434
program coordinator shall do all the following as part of its	3435
duties underpursuant to the contract entered into under section	3436
5103.35 of the Revised Code:	3437

(A) AdministerManage, coordinate, and evaluate all of the	3438
program's training program activities under the programprovided	3439
under section 5103.30 of the Revised Code;	3440

(B) Develop training curriculum, resources, and products for	3441
the training;	3442

(C) Provide fiscal management and technical assistance to	3443
regional training centers established under section 5153.72	3444
5103.42 of the Revised Code;	3445

(D) Cooperate with the regional training centers to schedule	3446
training sessions for the training, provide notices of the	3447
training sessions, and provide training materials for the	3448
sessions;	3449

(E) Employ and compensate training session instructors for	3450
the training;	3451

(F) Create individual training needs assessment forms	3452
assessments for use pursuant to sections 5153.755153.125 and	3453
5153.765153.126 of the Revised Code;	3454

(G) Provide staff for the Ohio child welfare training program	3455
steering committee established under section 5103.39 of the	3456
Revised Code;	3457

(H) Conduct any other activities necessary for the	3458
development, implementation, and management of the training	3459
program as specified in the contract.	3460

Sec. 5153.70.        Sec. 5103.38.  The department of job and family	3461
services shall oversee the operation of the entity contracted with	3462
under section 5153.61 of the Revised Code regarding theOhio child	3463
welfare training program coordinator's development,	3464
implementation, and management of the Ohio child welfare training	3465
program.	3466

Sec. 5153.66.        Sec. 5103.39.  The director of job and family	3467
services shall establish the Ohio child welfare training program	3468
steering committee. Sections 101.82 to 101.87 of the Revised Code	3469
do not apply to the committee.	3470

Sec. 5153.67.        Sec. 5103.391. (A) The director of job and family	3471
services shall appoint all of the following to serve on the Ohio	3472
child welfare training program steering committee:	3473

(1)(A) Employees of the department of job and family	3474
services;	3475

(2) Representatives(B) One representative of each of the	3476
regional training centers established under section 5153.72	3477
5103.42 of the Revised Code;	3478

(3) A(C) One representative of ana statewide organization	3479
that represents the interests of public children services	3480
agencies;	3481

(4) A(D) One representative of the entity contracted with to	3482
serve as the training coordinator for the Ohio child welfare	3483
training program coordinator;	3484

(5) Two employees(E) Employees of public children services	3485
agencies.	3486

(B) All initial appointments required to be made under this	3487
section shall be made no later than thirty days after the	3488
effective date of this section.	3489

The representative of an entity contracted with to serve as	3490
the training coordinator shall serve on the committee until the	3491
department of job and family services contracts with a different	3492
entity to serve as the training coordinator.	3493

The entity under contract on the effective date of this	3494
section to coordinate training for caseworkers and supervisors in	3495
the state shall be considered the entity that contracts with the	3496
department to serve as the training coordinator for the Ohio child	3497
welfare training program.	3498

Sec. 5103.40.  The Ohio child welfare training program	3499
steering committee shall do all of the following:	3500

(A) Following procedures the committee shall establish,	3501
adopt, amend, and rescind by-laws as necessary regarding the	3502
committee's governance, frequency of meetings, and other matters	3503
concerning the committee's operation;	3504

(B) Conduct strategic planning activities regarding the Ohio	3505
child welfare training program;	3506

(C) Provide the department of job and family services and	3507
Ohio child welfare training program coordinator recommendations	3508
regarding the program's operation;	3509

(D) After reviewing individual training needs assessments	3510
completed under sections 5153.125 and 5153.126 of the Revised	3511
Code, consult with the Ohio child welfare training program	3512
coordinator on the design and content of the training that the	3513
program provides pursuant to divisions (D) and (E) of section	3514
5103.30 of the Revised Code;	3515

(E) Review curricula created for the training provided under	3516
section 5103.30 of the Revised Code;	3517

(F) Provide the department recommendations regarding the	3518
curricula reviewed under division (E) of this section as the	3519
committee determines necessary for the training to be relevant to	3520
the needs of the child welfare field;	3521

(G) Evaluate the training and provide the department	3522
recommendations as the committee determines necessary for the	3523
training to be able to enable all of the following:	3524

(1) Assessors to satisfy the training requirement of section	3525
3107.014 of the Revised Code;	3526

(2) Prospective foster caregivers and foster caregivers to	3527
satisfy the preplacement and continuing training requirements of	3528
sections 5103.031, 5103.032, and 5103.033 of the Revised Code;	3529

(3) PCSA caseworkers to satisfy the training requirements of	3530
section 5153.122 of the Revised Code;	3531

(4) PCSA caseworker supervisors to satisfy the training	3532
requirements of section 5153.123 of the Revised Code.	3533

Sec. 5153.71.        Sec. 5103.41.  Prior to the beginning of the fiscal	3534
biennium that first follows the effective date of this section	3535
October 5, 2000, the department of job and family services, in	3536
consultation with the Ohio child welfare training program steering	3537
committee, shall designate eight training regions in the state.	3538
The department, at times it selects, shall review the composition	3539
of the training regions. The committee, at times it selects, shall	3540
also review the training regions' composition and provide the	3541
department recommendations on changes. The department may change	3542
the composition of the training regions as neededthe department	3543
considers necessary. Each training region shall contain only one	3544
regional training center established and maintained under section	3545
5153.725103.42 of the Revised Code.	3546

Sec. 5153.72.        Sec. 5103.42.  Prior to the beginning of the fiscal	3547
biennium that first follows October 5, 2000, the public children	3548
services agencies of Athens, Cuyahoga, Franklin, Greene, Guernsey,	3549
Hamilton, Lucas, and Summit counties shall each establish and	3550
maintain a regional training center. At any time after the	3551
beginning of that biennium, the department of job and family	3552
services, on the recommendation of the Ohio child welfare training	3553
program steering committee, may direct a public children services	3554
agency to establish and maintain a training center to replace the	3555
center established by an agency under this section. There may be	3556
no more and no less than eight centers in existence at any time.	3557
The department may make a grant to a public children services	3558
agency that establishes and maintains a regional training center	3559
under this section for the purpose of wholly or partially	3560
subsidizing the operation of the center. The department shall	3561
specify in the grant all of the center's duties, including the	3562
duties specified in section 5103.422 of the Revised Code.	3563

Sec. 5153.73.        Sec. 5103.421.  The executive director of each public	3564
children services agency required to establish and maintain a	3565
regional training center shall appoint a manager to operate the	3566
training center in accordance with section 5153.745103.422 of the	3567
Revised Code.	3568

Sec. 5153.74.        Sec. 5103.422.  A regional training center's	3569
responsibilities shall include all of the following:	3570

(A) SecureSecuring facilities suitable for conducting the	3571
training programs and sessionsprovided under section 5103.30 of	3572
the Revised Code;	3573

(B) ProvideProviding administrative services and paypaying	3574
all administrative costs related to the conduct of the training	3575
programs and sessions;	3576

(C) MaintainMaintaining a database of the data contained in	3577
the individual training needs assessments for each PCSA caseworker	3578
and PCSA caseworker supervisor employed by a public children	3579
services agency located in the training region served by the	3580
center;	3581

(D) AssessAnalyzing training needs of PCSA caseworkers and	3582
PCSA caseworker supervisors employed by a public children services	3583
agency located in the training region served by the center;	3584

(E) Cooperate withCoordinating the entity contracted with	3585
under section 5153.61 of the Revised Code in coordinating training	3586
programs and sessions at the center with the Ohio child welfare	3587
training program coordinator.	3588

Sec. 5104.01.  As used in this chapter:

3589

(A) "Administrator" means the person responsible for the	3590
daily operation of a center or type A home. The administrator and	3591
the owner may be the same person.	3592

(B) "Approved child day camp" means a child day camp approved	3593
pursuant to section 5104.22 of the Revised Code.	3594

(C) "Authorized provider" means a person authorized by a	3595
county director of job and family services to operate a certified	3596
type B family day-care home.	3597

(D) "Border state child care provider" means a child care	3598
provider that is located in a state bordering Ohio and that is	3599
licensed, certified, or otherwise approved by that state to	3600
provide child care.	3601

(E) "Caretaker parent" means the father or mother of a child	3602
whose presence in the home is needed as the caretaker of the	3603
child, a person who has legal custody of a child and whose	3604
presence in the home is needed as the caretaker of the child, a	3605
guardian of a child whose presence in the home is needed as the	3606
caretaker of the child, and any other person who stands in loco	3607
parentis with respect to the child and whose presence in the home	3608
is needed as the caretaker of the child.	3609

(F) "Certified type B family day-care home" and "certified	3610
type B home" mean a type B family day-care home that is certified	3611
by the director of the county department of job and family	3612
services pursuant to section 5104.11 of the Revised Code to	3613
receive public funds for providing child care pursuant to this	3614
chapter and any rules adopted under it.	3615

(G) "Chartered nonpublic school" means a school that meets	3616
standards for nonpublic schools prescribed by the state board of	3617
education for nonpublic schools pursuant to section 3301.07 of the	3618
Revised Code.	3619

(H) "Child" includes an infant, toddler, preschool child, or	3620
school child.	3621

(I) "Child care block grant act" means the "Child Care and	3622
Development Block Grant Act of 1990," established in section 5082	3623
of the "Omnibus Budget Reconciliation Act of 1990," 104 Stat.	3624
1388-236 (1990), 42 U.S.C. 9858, as amended.	3625

(J) "Child day camp" means a program in which only school	3626
children attend or participate, that operates for no more than	3627
seven hours per day, that operates only during one or more public	3628
school district's regular vacation periods or for no more than	3629
fifteen weeks during the summer, and that operates outdoor	3630
activities for each child who attends or participates in the	3631
program for a minimum of fifty per cent of each day that children	3632
attend or participate in the program, except for any day when	3633
hazardous weather conditions prevent the program from operating	3634
outdoor activities for a minimum of fifty per cent of that day.	3635
For purposes of this division, the maximum seven hours of	3636
operation time does not include transportation time from a child's	3637
home to a child day camp and from a child day camp to a child's	3638
home.	3639

(K) "Child care" means administering to the needs of infants,	3640
toddlers, preschool children, and school children outside of	3641
school hours by persons other than their parents or guardians,	3642
custodians, or relatives by blood, marriage, or adoption for any	3643
part of the twenty-four-hour day in a place or residence other	3644
than a child's own home.	3645

(L) "Child day-care center" and "center" mean any place in	3646
which child care or publicly funded child care is provided for	3647
thirteen or more children at one time or any place that is not the	3648
permanent residence of the licensee or administrator in which	3649
child care or publicly funded child care is provided for seven to	3650
twelve children at one time. In counting children for the	3651
purposes of this division, any children under six years of age who	3652
are related to a licensee, administrator, or employee and who are	3653
on the premises of the center shall be counted. "Child day-care	3654
center" and "center" do not include any of the following:	3655

(1) A place located in and operated by a hospital, as defined	3656
in section 3727.01 of the Revised Code, in which the needs of	3657
children are administered to, if all the children whose needs are	3658
being administered to are monitored under the on-site supervision	3659
of a physician licensed under Chapter 4731. of the Revised Code or	3660
a registered nurse licensed under Chapter 4723. of the Revised	3661
Code, and the services are provided only for children who, in the	3662
opinion of the child's parent, guardian, or custodian, are	3663
exhibiting symptoms of a communicable disease or other illness or	3664
are injured;	3665

(2) A child day camp;

3666

(3) A place that provides child care, but not publicly funded	3667
child care, if all of the following apply:	3668

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

3669

(b) A parent, custodian, or guardian of at least one child	3670
receiving child care is on the premises and readily accessible at	3671
all times;	3672

(c) The child care is not provided for more than thirty days	3673
a year;	3674

(d) The child care is provided only for preschool and school	3675
children.	3676

(M) "Child care resource and referral service organization"	3677
means a community-based nonprofit organization that provides child	3678
care resource and referral services but not child care.	3679

(N) "Child care resource and referral services" means all of	3680
the following services:	3681

(1) Maintenance of a uniform data base of all child care	3682
providers in the community that are in compliance with this	3683
chapter, including current occupancy and vacancy data;	3684

(2) Provision of individualized consumer education to	3685
families seeking child care;	3686

(3) Provision of timely referrals of available child care	3687
providers to families seeking child care;	3688

(4) Recruitment of child care providers;

3689

(5) Assistance in the development, conduct, and dissemination	3690
of training for child care providers and provision of technical	3691
assistance to current and potential child care providers,	3692
employers, and the community;	3693

(6) Collection and analysis of data on the supply of and	3694
demand for child care in the community;	3695

(7) Technical assistance concerning locally, state, and	3696
federally funded child care and early childhood education	3697
programs;	3698

(8) Stimulation of employer involvement in making child care	3699
more affordable, more available, safer, and of higher quality for	3700
their employees and for the community;	3701

(9) Provision of written educational materials to caretaker	3702
parents and informational resources to child care providers;	3703

(10) Coordination of services among child care resource and	3704
referral service organizations to assist in developing and	3705
maintaining a statewide system of child care resource and referral	3706
services if required by the department of job and family services;	3707

(11) Cooperation with the county department of job and family	3708
services in encouraging the establishment of parent cooperative	3709
child care centers and parent cooperative type A family day-care	3710
homes.	3711

(O) "Child-care staff member" means an employee of a child	3712
day-care center or type A family day-care home who is primarily	3713
responsible for the care and supervision of children. The	3714
administrator may be a part-time child-care staff member when not	3715
involved in other duties.	3716

(P) "Drop-in child day-care center," "drop-in center,"	3717
"drop-in type A family day-care home," and "drop-in type A home"	3718
mean a center or type A home that provides child care or publicly	3719
funded child care for children on a temporary, irregular basis.	3720

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

3721

(1) Receives compensation for duties performed in a child	3722
day-care center or type A family day-care home;	3723

(2) Is assigned specific working hours or duties in a child	3724
day-care center or type A family day-care home.	3725

(R) "Employer" means a person, firm, institution,	3726
organization, or agency that operates a child day-care center or	3727
type A family day-care home subject to licensure under this	3728
chapter.	3729

(S) "Federal poverty line" means the official poverty	3730
guideline as revised annually in accordance with section 673(2) of	3731
the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42	3732
U.S.C. 9902, as amended, for a family size equal to the size of	3733
the family of the person whose income is being determined.	3734

(T) "Head start program" means a comprehensive child	3735
development program that receives funds distributed under the	3736
"Head Start Act," 95 Stat. 499 (1981), 42 U.S.C.A. 9831, as	3737
amended, and is licensed as a child day-care center.	3738

(U) "Income" means gross income, as defined in section	3739
5107.10 of the Revised Code, less any amounts required by federal	3740
statutes or regulations to be disregarded.	3741

(V) "Indicator checklist" means an inspection tool, used in	3742
conjunction with an instrument-based program monitoring	3743
information system, that contains selected licensing requirements	3744
that are statistically reliable indicators or predictors of a	3745
child day-care center or type A family day-care home's compliance	3746
with licensing requirements.	3747

(W) "Infant" means a child who is less than eighteen months	3748
of age.	3749

(X) "In-home aide" means a person who does not reside with	3750
the child but provides care in the child's home and is certified	3751
by a county director of job and family services pursuant to	3752
section 5104.12 of the Revised Code to provide publicly funded	3753
child care to a child in a child's own home pursuant to this	3754
chapter and any rules adopted under it.	3755

(Y) "Instrument-based program monitoring information system"	3756
means a method to assess compliance with licensing requirements	3757
for child day-care centers and type A family day-care homes in	3758
which each licensing requirement is assigned a weight indicative	3759
of the relative importance of the requirement to the health,	3760
growth, and safety of the children that is used to develop an	3761
indicator checklist.	3762

(Z) "License capacity" means the maximum number in each age	3763
category of children who may be cared for in a child day-care	3764
center or type A family day-care home at one time as determined by	3765
the director of job and family services considering building	3766
occupancy limits established by the department of commerce, number	3767
of available child-care staff members, amount of available indoor	3768
floor space and outdoor play space, and amount of available play	3769
equipment, materials, and supplies.	3770

(AA) "Licensed preschool program" or "licensed school child	3771
program" means a preschool program or school child program, as	3772
defined in section 3301.52 of the Revised Code, that is licensed	3773
by the department of education pursuant to sections 3301.52 to	3774
3301.59 of the Revised Code.	3775

(BB) "Licensee" means the owner of a child day-care center or	3776
type A family day-care home that is licensed pursuant to this	3777
chapter and who is responsible for ensuring its compliance with	3778
this chapter and rules adopted pursuant to this chapter.	3779

(CC) "Operate a child day camp" means to operate, establish,	3780
manage, conduct, or maintain a child day camp.	3781

(DD) "Owner" includes a person, as defined in section 1.59 of	3782
the Revised Code, or government entity.	3783

(EE) "Parent cooperative child day-care center," "parent	3784
cooperative center," "parent cooperative type A family day-care	3785
home," and "parent cooperative type A home" mean a corporation or	3786
association organized for providing educational services to the	3787
children of members of the corporation or association, without	3788
gain to the corporation or association as an entity, in which the	3789
services of the corporation or association are provided only to	3790
children of the members of the corporation or association,	3791
ownership and control of the corporation or association rests	3792
solely with the members of the corporation or association, and at	3793
least one parent-member of the corporation or association is on	3794
the premises of the center or type A home during its hours of	3795
operation.	3796

(FF) "Part-time child day-care center," "part-time center,"	3797
"part-time type A family day-care home," and "part-time type A	3798
home" mean a center or type A home that provides child care or	3799
publicly funded child care for no more than four hours a day for	3800
any child.	3801

(GG) "Place of worship" means a building where activities of	3802
an organized religious group are conducted and includes the	3803
grounds and any other buildings on the grounds used for such	3804
activities.	3805

(HH) "Preschool child" means a child who is three years old	3806
or older but is not a school child.	3807

(II) "Protective child care" means publicly funded child care	3808
for the direct care and protection of a child to whom either of	3809
the following applies:	3810

(1) A case plan prepared and maintained for the child	3811
pursuant to section 2151.412 of the Revised Code indicates a need	3812
for protective care and the child resides with a parent,	3813
stepparent, guardian, or another person who stands in loco	3814
parentis as defined in rules adopted under section 5104.38 of the	3815
Revised Code;	3816

(2) The child and the child's caretaker either temporarily	3817
reside in a facility providing emergency shelter for homeless	3818
families or are determined by the county department of job and	3819
family services to be homeless, and are otherwise ineligible for	3820
publicly funded child care.	3821

(JJ) "Publicly funded child care" means administering to the	3822
needs of infants, toddlers, preschool children, and school	3823
children under age thirteen during any part of the	3824
twenty-four-hour day by persons other than their caretaker parents	3825
for remuneration wholly or in part with federal or state funds,	3826
including funds available under the child care block grant act,	3827
Title IV-A, and Title XX, distributed by the department of job and	3828
family services.	3829

(KK) "Religious activities" means any of the following:	3830
worship or other religious services; religious instruction; Sunday	3831
school classes or other religious classes conducted during or	3832
prior to worship or other religious services; youth or adult	3833
fellowship activities; choir or other musical group practices or	3834
programs; meals; festivals; or meetings conducted by an organized	3835
religious group.	3836

(LL) "School child" means a child who is enrolled in or is	3837
eligible to be enrolled in a grade of kindergarten or above but is	3838
less than fifteen years old.	3839

(MM) "School child day-care center," "school child center,"	3840
"school child type A family day-care home," and "school child type	3841
A family home" mean a center or type A home that provides child	3842
care for school children only and that does either or both of the	3843
following:	3844

(1) Operates only during that part of the day that	3845
immediately precedes or follows the public school day of the	3846
school district in which the center or type A home is located;	3847

(2) Operates only when the public schools in the school	3848
district in which the center or type A home is located are not	3849
open for instruction with pupils in attendance.	3850

(NN) "State median income" means the state median income	3851
calculated by the department of development pursuant to division	3852
(A)(1)(g) of section 5709.61 of the Revised Code.	3853

(OO) "Title IV-A" means Title IV-A of the "Social Security	3854
Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended.	3855

(PP) "Title XX" means Title XX of the "Social Security Act,"	3856
88 Stat. 2337 (1974), 42 U.S.C. 1397, as amended.	3857

(QQ) "Toddler" means a child who is at least eighteen months	3858
of age but less than three years of age.	3859

(RR) "Type A family day-care home" and "type A home" mean a	3860
permanent residence of the administrator in which child care or	3861
publicly funded child care is provided for seven to twelve	3862
children at one time or a permanent residence of the administrator	3863
in which child care is provided for four to twelve children at one	3864
time if four or more children at one time are under two years of	3865
age. In counting children for the purposes of this division, any	3866
children under six years of age who are related to a licensee,	3867
administrator, or employee and who are on the premises of the type	3868
A home shall be counted. "Type A family day-care home" does not	3869
include a residence in which the needs of children are	3870
administered to, if all of the children whose needs are being	3871
administered to are siblings of the same immediate family and the	3872
residence is the home of the siblings. "Type A family day-care	3873
home" and "type A home" do not include any child day camp.	3874

(SS) "Type B family day-care home" and "type B home" mean a	3875
permanent residence of the provider in which child care is	3876
provided for one to six children at one time and in which no more	3877
than three children are under two years of age at one time. In	3878
counting children for the purposes of this division, any children	3879
under six years of age who are related to the provider and who are	3880
on the premises of the type B home shall be counted. "Type B	3881
family day-care home" does not include a residence in which the	3882
needs of children are administered to, if all of the children	3883
whose needs are being administered to are siblings of the same	3884
immediate family and the residence is the home of the siblings.	3885
"Type B family day-care home" and "type B home" do not include any	3886
child day camp.	3887

Sec. 5104.11.  (A)(1) Every person desiring to receive	3888
certification for a type B family day-care home to provide	3889
publicly funded child care shall apply for certification to the	3890
county director of job and family services on such forms as the	3891
director of job and family services prescribes. The county	3892
director shall provide at no charge to each applicant a copy of	3893
rules for certifying type B family day-care homes adopted pursuant	3894
to this chapter.	3895

(2) Except as provided in division (G)(1) of section 5104.011	3896
of the Revised Code, after receipt of an application for	3897
certification from a type B family day-care home, the county	3898
director of job and family services shall inspect the home. If it	3899
complies with this chapter and any applicable rules adopted under	3900
this chapter, the county department shall certify the type B	3901
family day-care home to provide publicly funded child care	3902
pursuant to this chapter and any rules adopted under it. The	3903
director of job and family services or a county director of job	3904
and family services may contract with a government entity or a	3905
private nonprofit entity for that entity to inspect and certify	3906
type B family day-care homes pursuant to this section. The county	3907
department of job and family services, government entity, or	3908
nonprofit entity shall conduct the inspection prior to the	3909
issuance of a certificate for the type B home and, as part of that	3910
inspection, ensure that the type B home is safe and sanitary.	3911

(3)(a) On receipt of an application for certification for a	3912
type B family day-care home to provide publicly funded child care	3913
or for renewal of such certification, the county department shall	3914
request from the public children services agencyboth of the	3915
following information concerning any abuse or neglect report made	3916
pursuant to section 2151.421 of the Revised Code of which the	3917
applicant, any other adult residing in the applicant's home, or a	3918
person designated by the applicant to be an emergency or	3919
substitute caregiver for the applicant is the subject. The:	3920

(i) The public children services agency, until the county	3921
department is notified by the department of job and family	3922
services that the uniform statewide automated child welfare	3923
information system has been finalized statewide;	3924

(ii) Upon receipt of notification under division (D) of	3925
section 5101.13 of the Revised Code that the uniform statewide	3926
automated child welfare information system has been implemented	3927
statewide, the uniform statewide automated child welfare	3928
information system via the department.	3929

(b) The county department shall consider any information	3930
provided by the agency or the department pursuant to section	3931
5153.175 of the Revised Code. If the county department determines	3932
that the information, when viewed within the totality of the	3933
circumstances, reasonably leads to the conclusion that the	3934
applicant may directly or indirectly endanger the health, safety,	3935
or welfare of children, the county department shall deny the	3936
application for certification or renewal of certification, or	3937
revoke the certification of an authorized provider.	3938

(c) As used in division (A)(3) of this section, "public	3939
children services agency" means either an entity separate from the	3940
county department or the part of the county department that serves	3941
as the county's public children services agency, as appropriate.	3942

(4) Except as provided in division (A)(5) of this section, an	3943
authorized provider of a type B family day-care home that receives	3944
a certificate pursuant to this section to provide publicly funded	3945
child care is an independent contractor and is not an employee of	3946
the county department of job and family services that issues the	3947
certificate.	3948

(5) For purposes of Chapter 4141. of the Revised Code,	3949
determinations concerning the employment of an authorized provider	3950
of a type B family day-care home that receives a certificate	3951
pursuant to this section shall be determined under Chapter 4141.	3952
of the Revised Code.	3953

(B) If the county director of job and family services	3954
determines that the type B family day-care home complies with this	3955
chapter and any rules adopted under it, the county director shall	3956
issue to the provider a certificate to provide publicly funded	3957
child care, which certificate is valid for twelve months, unless	3958
revoked earlier. The county director may revoke the certificate	3959
after determining that revocation is necessary. The authorized	3960
provider shall post the certificate in a conspicuous place in the	3961
certified type B home that is accessible to parents, custodians,	3962
or guardians at all times. The certificate shall state the name	3963
and address of the authorized provider, the maximum number of	3964
children who may be cared for at any one time in the certified	3965
type B home, the expiration date of the certification, and the	3966
name and telephone number of the county director who issued the	3967
certificate.	3968

(C)(1) The county director shall inspect every certified type	3969
B family day-care home at least twice within each twelve-month	3970
period of the operation of the certified type B home. A minimum of	3971
one inspection shall be unannounced and all inspections may be	3972
unannounced. Upon receipt of a complaint, the county director	3973
shall investigate the certified type B home, and division (C)(2)	3974
of this section applies regarding the complaint. The authorized	3975
provider shall permit the county director to inspect any part of	3976
the certified type B home. The county director shall prepare a	3977
written inspection report and furnish one copy to the authorized	3978
provider within a reasonable time after the inspection.	3979

(2) Upon receipt of a complaint as described in division	3980
(C)(1) of this section, in addition to the investigation that is	3981
required under that division, both of the following apply:	3982

(a) If the complaint alleges that a child suffered physical	3983
harm while receiving child care at the certified type B family	3984
day-care home or that the noncompliance with law or act alleged in	3985
the complaint involved, resulted in, or poses a substantial risk	3986
of physical harm to a child receiving child care at the home, the	3987
county director shall inspect the home.	3988

(b) If division (C)(2)(a) of this section does not apply	3989
regarding the complaint, the county director may inspect the	3990
certified type B family day-care home.	3991

(3) Division (C)(2) of this section does not limit, restrict,	3992
or negate any duty of the county director to inspect a certified	3993
type B family day-care home that otherwise is imposed under this	3994
section, or any authority of the county director to inspect a home	3995
that otherwise is granted under this section when the county	3996
director believes the inspection is necessary and it is permitted	3997
under the grant.	3998

(D) The county director of job and family services, in	3999
accordance with rules adopted pursuant to section 5104.052 of the	4000
Revised Code regarding fire safety and fire prevention, shall	4001
inspect each type B home that applies to be certified that is	4002
providing or is to provide publicly funded child care.	4003

(E) All materials that are supplied by the department of job	4004
and family services to type A family day-care home providers, type	4005
B family day-care home providers, in-home aides, persons who	4006
desire to be type A family day-care home providers, type B family	4007
day-care home providers, or in-home aides, and caretaker parents	4008
shall be written at no higher than the sixth grade reading level.	4009
The department may employ a readability expert to verify its	4010
compliance with this division.	4011

Sec. 5104.31. (A) Publicly funded child care may be provided	4012
only by the following:	4013

(A)(1) A child day-care center or type A family day-care	4014
home, including a parent cooperative child day-care center or	4015
parent cooperative type A family day-care home, licensed by the	4016
department of job and family services pursuant to section 5104.03	4017
of the Revised Code;	4018

(B)(2) A type B family day-care home certified by the county	4019
department of job and family services pursuant to section 5104.11	4020
of the Revised Code;	4021

(C)(3) A type B family day-care home that has received a	4022
limited certification pursuant to rules adopted under division	4023
(G)(1) of section 5104.011 of the Revised Code;	4024

(D)(4) An in-home aide who has been certified by the county	4025
department of job and family services pursuant to section 5104.12	4026
of the Revised Code;	4027

(E)(5) A child day camp approved pursuant to section 5104.22	4028
of the Revised Code;	4029

(F)(6) A licensed preschool program;

4030

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

4031

(H)(8) A border state child care provider, except that a	4032
border state child care provider may provide publicly funded child	4033
care only to an individual who resides in an Ohio county that	4034
borders the state in which the provider is located.	4035

(B) Publicly funded child day-care may be provided in a	4036
child's own home only by an in-home aide.	4037

Sec. 5153.01.  (A) As used in the Revised Code, "public	4038
children services agency" means an entity specified in section	4039
5153.02 of the Revised Code that has assumed the powers and duties	4040
of the children services function prescribed by this chapter for a	4041
county.	4042

(B) As used in this chapter:

4043

(1) "Certified foster home" means a foster home, as defined	4044
in section 5103.02 of the Revised Code, certified under section	4045
5103.03 of the Revised Code.	4046

(2) "Certified organization" means any organization holding a	4047
certificate issued pursuant to section 5103.03 of the Revised Code	4048
that is in full force and effect.	4049

(3) "Child" means any person under eighteen years of age or a	4050
mentally or physically handicapped person, as defined by rule	4051
adopted by the director of job and family services, under	4052
twenty-one years of age.	4053

(4) "Executive director" means the person charged with the	4054
responsibility of administering the powers and duties of a public	4055
children services agency appointed pursuant to section 5153.10 of	4056
the Revised Code.	4057

(5) "Organization" means any public, semipublic, or private	4058
institution, including maternity homes and day nurseries, and any	4059
private association, society, or agency, located or operating in	4060
this state, incorporated or unincorporated, having among its	4061
functions the furnishing of protective services or care for	4062
children or the placement of children in certified foster homes or	4063
elsewhere.	4064

(6) "PCSA caseworker" means an individual employed by a	4065
public children services agency as a caseworker.	4066

(7) "PCSA caseworker supervisor" means an individual employed	4067
by a public children services agency to supervise PCSA	4068
caseworkers.	4069

Sec. 5153.111.  (A)(1) The executive director of a public	4070
children services agency shall request the superintendent of the	4071
bureau of criminal identification and investigation to conduct a	4072
criminal records check with respect to any applicant who has	4073
applied to the agency for employment as a person responsible for	4074
the care, custody, or control of a child. If the applicant does	4075
not present proof that the applicant has been a resident of this	4076
state for the five-year period immediately prior to the date upon	4077
which the criminal records check is requested or does not provide	4078
evidence that within that five-year period the superintendent has	4079
requested information about the applicant from the federal bureau	4080
of investigation in a criminal records check, the executive	4081
director shall request that the superintendent obtain information	4082
from the federal bureau of investigation as a part of the criminal	4083
records check for the applicant. If the applicant presents proof	4084
that the applicant has been a resident of this state for that	4085
five-year period, the executive director may request that the	4086
superintendent include information from the federal bureau of	4087
investigation in the criminal records check.	4088

(2) Any person required by division (A)(1) of this section to	4089
request a criminal records check shall provide to each applicant a	4090
copy of the form prescribed pursuant to division (C)(1) of section	4091
109.572 of the Revised Code, provide to each applicant a standard	4092
impression sheet to obtain fingerprint impressions prescribed	4093
pursuant to division (C)(2) of section 109.572 of the Revised	4094
Code, obtain the completed form and impression sheet from each	4095
applicant, and forward the completed form and impression sheet to	4096
the superintendent of the bureau of criminal identification and	4097
investigation at the time the person requests a criminal records	4098
check pursuant to division (A)(1) of this section.	4099

(3) Any applicant who receives pursuant to division (A)(2) of	4100
this section a copy of the form prescribed pursuant to division	4101
(C)(1) of section 109.572 of the Revised Code and a copy of an	4102
impression sheet prescribed pursuant to division (C)(2) of that	4103
section and who is requested to complete the form and provide a	4104
set of fingerprint impressions shall complete the form or provide	4105
all the information necessary to complete the form and shall	4106
provide the impression sheet with the impressions of the	4107
applicant's fingerprints. If an applicant, upon request, fails to	4108
provide the information necessary to complete the form or fails to	4109
provide impressions of the applicant's fingerprints, that agency	4110
shall not employ that applicant for any position for which a	4111
criminal records check is required by division (A)(1) of this	4112
section.	4113

(B)(1) Except as provided in rules adopted by the director of	4114
job and family services in accordance with division (E) of this	4115
section, no public children services agency shall employ a person	4116
as a person responsible for the care, custody, or control of a	4117
child if the person previously has been convicted of or pleaded	4118
guilty to any of the following:	4119

(a) A violation of section 2903.01, 2903.02, 2903.03,	4120
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	4121
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	4122
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	4123
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	4124
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	4125
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	4126
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a	4127
violation of section 2905.04 of the Revised Code as it existed	4128
prior to July 1, 1996, a violation of section 2919.23 of the	4129
Revised Code that would have been a violation of section 2905.04	4130
of the Revised Code as it existed prior to July 1, 1996, had the	4131
violation occurred prior to that date, a violation of section	4132
2925.11 of the Revised Code that is not a minor drug possession	4133
offense, or felonious sexual penetration in violation of former	4134
section 2907.12 of the Revised Code;	4135

(b) A violation of an existing or former law of this state,	4136
any other state, or the United States that is substantially	4137
equivalent to any of the offenses or violations described in	4138
division (B)(1)(a) of this section.	4139

(2) A public children services agency may employ an applicant	4140
conditionally until the criminal records check required by this	4141
section is completed and the agency receives the results of the	4142
criminal records check. If the results of the criminal records	4143
check indicate that, pursuant to division (B)(1) of this section,	4144
the applicant does not qualify for employment, the agency shall	4145
release the applicant from employment.	4146

(C)(1) Each public children services agency shall pay to the	4147
bureau of criminal identification and investigation the fee	4148
prescribed pursuant to division (C)(3) of section 109.572 of the	4149
Revised Code for each criminal records check conducted in	4150
accordance with that section upon the request pursuant to division	4151
(A)(1) of this section of the executive director of the agency.	4152

(2) A public children services agency may charge an applicant	4153
a fee for the costs it incurs in obtaining a criminal records	4154
check under this section. A fee charged under this division shall	4155
not exceed the amount of fees the agency pays under division	4156
(C)(1) of this section. If a fee is charged under this division,	4157
the agency shall notify the applicant at the time of the	4158
applicant's initial application for employment of the amount of	4159
the fee and that, unless the fee is paid, the agency will not	4160
consider the applicant for employment.	4161

(D) The report of any criminal records check conducted by the	4162
bureau of criminal identification and investigation in accordance	4163
with section 109.572 of the Revised Code and pursuant to a request	4164
under division (A)(1) of this section is not a public record for	4165
the purposes of section 149.43 of the Revised Code and shall not	4166
be made available to any person other than the applicant who is	4167
the subject of the criminal records check or the applicant's	4168
representative, the public children services agency requesting the	4169
criminal records check or its representative, and any court,	4170
hearing officer, or other necessary individual involved in a case	4171
dealing with the denial of employment to the applicant.	4172

(E) The director of job and family services shall adopt rules	4173
pursuant to Chapter 119. of the Revised Code to implement this	4174
section, including rules specifying circumstances under which a	4175
public children services agency may hire a person who has been	4176
convicted of an offense listed in division (B)(1) of this section	4177
but who meets standards in regard to rehabilitation set by the	4178
department.	4179

(F) Any person required by division (A)(1) of this section to	4180
request a criminal records check shall inform each person, at the	4181
time of the person's initial application for employment, that the	4182
person is required to provide a set of impressions of the person's	4183
fingerprints and that a criminal records check is required to be	4184
conducted and satisfactorily completed in accordance with section	4185
109.572 of the Revised Code if the person comes under final	4186
consideration for appointment or employment as a precondition to	4187
employment for that position.	4188

(G) As used in this section:

4189

(1) "Applicant" means a person who is under final	4190
consideration for appointment or employment in a position with the	4191
agency as a person responsible for the care, custody, or control	4192
of a child.	4193

(2) "Criminal records check" has the same meaning as in	4194
section 109.572 of the Revised Code.	4195

(3) "Minor drug possession offense" has the same meaning as	4196
in section 2925.01 of the Revised Code.	4197

Sec. 5153.122. (A) Each PCSA caseworker hired by a public	4198
children services agency shall complete at least ninety hours of	4199
in-service training during the first year of the caseworker's	4200
continuous employment as a PCSA caseworker, except that the	4201
executive director of the public children services agency may	4202
waive the training requirement for a school of social work	4203
graduate who participated in the university partnership program	4204
described in division (D) of section 5101.141 of the Revised Code.	4205
The training shall consist of courses in recognizing and	4206
preventing child abuse and neglect, assessing riskssafety and	4207
risk, interviewing persons, investigating cases, intervening,	4208
providing services to children and their families, the importance	4209
of and need for accurate data, preparation for court, maintenance	4210
of case record information, and other topics relevant to child	4211
abuse and neglect. The training shall also include courses in the	4212
legal duties of PCSA caseworkers to protect the constitutional and	4213
statutory rights of children and families from the initial time of	4214
contact during investigation through treatment that shall include	4215
instruction regarding parents' rights and the limitations that the	4216
Fourth Amendment to the United States Constitution places upon	4217
caseworkers and their investigations.	4218

After thea PCSA caseworker's first year of continuous	4219
employment as a PCSA caseworker, eachthe caseworker annually	4220
shall complete thirty-six hours of training in areas relevant to	4221
the caseworker's assigned duties.	4222

(B) Each supervisor hired by a public children services	4223
agency shall complete at least sixty hours of in-service training	4224
during the first year of the supervisor's continuous employment in	4225
that position. After the first year of continuous employment as a	4226
supervisor, the supervisor annually shall complete thirty hours of	4227
training in areas relevant to the supervisor's assigned duties.	4228

(C) The director of job and family services shall adopt rules	4229
in accordance with Chapter 119. of the Revised Code as necessary	4230
to implement the training requirements of this section.	4231

During the first two years of continuous employment as a PCSA	4232
caseworker, each PCSA caseworker shall complete at least twelve	4233
hours of training in recognizing the signs of domestic violence	4234
and its relationship to child abuse as established in rules the	4235
director of job and family services shall adopt pursuant to	4236
Chapter 119. of the Revised Code. The twelve hours may be in	4237
addition to the ninety hours of training required during the	4238
caseworker's first year of employment or part of the thirty-six	4239
hours of training required during the second year of employment.	4240

Sec. 5153.123.  Each PCSA caseworker supervisor shall	4241
complete at least sixty hours of in-service training during the	4242
first year of the supervisor's continuous employment as a PCSA	4243
caseworker supervisor. After a PCSA caseworker supervisor's first	4244
year of continuous employment as a PCSA caseworker supervisor, the	4245
supervisor annually shall complete thirty hours of training in	4246
areas relevant to the supervisor's assigned duties. During the	4247
first two years of continuous employment as a PCSA caseworker	4248
supervisor, each PCSA caseworker supervisor shall complete at	4249
least twelve hours of training in recognizing the signs of	4250
domestic violence and its relationship to child abuse as	4251
established in rules the director of job and family services shall	4252
adopt pursuant to Chapter 119. of the Revised Code. The twelve	4253
hours may be in addition to the sixty hours of training required	4254
during the supervisor's first year of employment or part of the	4255
thirty hours of training required during the second year of	4256
employment.	4257

Sec. 5153.124. (A) The director of job and family services	4258
shall adopt rules as necessary to implement the training	4259
requirements of sections 5153.122 and 5153.123 of the Revised	4260
Code.	4261

(B) Notwithstanding sections 5103.33 to 5103.422 and sections	4262
5153.122 to 5153.127 of the Revised Code, the department of job	4263
and family services may require additional training for PCSA	4264
caseworkers and PCSA caseworker supervisors as necessary to comply	4265
with federal requirements.	4266

Sec. 5153.75.        Sec. 5153.125.  Each PCSA caseworker supervisor	4267
employed by a public children services agency that supervises the	4268
work of a caseworker employed by the agency shall work with the	4269
each PCSA caseworker the supervisor supervises to determine the	4270
caseworker's training needs in accordance with, and ensure the	4271
caseworker's compliance with, the training requirements of section	4272
5153.122 of the Revised Code. Once every two years, each PCSA	4273
caseworker and the caseworker's supervisor shall jointly complete	4274
anthe caseworker's individual training needs assessment form	4275
created under section 5153.655103.37 of the Revised Code for each	4276
caseworker.	4277

Sec. 5153.76.        Sec. 5153.126.  The executive director of each public	4278
children services agency or a person designated by the executive	4279
director shall work with each PCSA caseworker supervisor employed	4280
by the agency to determine the supervisor's training needs in	4281
accordance with, and ensure the supervisor's compliance with, the	4282
training requirements of section 5153.1225153.123 of the Revised	4283
Code. Once every two years, each PCSA caseworker supervisor and	4284
the executive director of the public children services agency	4285
employing the supervisor, or designatedthe person designated by	4286
the executive director, shall jointly complete anthe supervisor's	4287
individual training needs assessment form created under section	4288
5153.655103.37 of the Revised Code for each supervisor.	4289

Sec. 5153.77.        Sec. 5153.127.  The executive director of each public	4290
children services agency or a person designated by the executive	4291
director shall collect and maintain the data from individual	4292
training needs assessment formsassessments completed under	4293
sections 5153.755153.125 and 5153.765153.126 of the Revised Code	4294
for each PCSA caseworker and PCSA caseworker supervisor and case	4295
worker employed by the agency. The executive director or	4296
designated person shall compile and forward the data collected	4297
from the completed assessment formsassessments to the regional	4298
training center located inestablished under section 5103.42 of	4299
the Revised Code for the same training region as the agency is	4300
located in.	4301

Sec. 5153.16.  (A) Except as provided in section 2151.422 of	4302
the Revised Code, in accordance with rules of the department of	4303
job and family servicesadopted under section 5153.166 of the	4304
Revised Code, and on behalf of children in the county whom the	4305
public children services agency considers to be in need of public	4306
care or protective services, the public children services agency	4307
shall do all of the following:	4308

(1) Make an investigation concerning any child alleged to be	4309
an abused, neglected, or dependent child;	4310

(2) Enter into agreements with the parent, guardian, or other	4311
person having legal custody of any child, or with the department	4312
of job and family services, department of mental health,	4313
department of mental retardation and developmental disabilities,	4314
other department, any certified organization within or outside the	4315
county, or any agency or institution outside the state, having	4316
legal custody of any child, with respect to the custody, care, or	4317
placement of any child, or with respect to any matter, in the	4318
interests of the child, provided the permanent custody of a child	4319
shall not be transferred by a parent to the public children	4320
services agency without the consent of the juvenile court;	4321

(3) Accept custody of children committed to the public	4322
children services agency by a court exercising juvenile	4323
jurisdiction;	4324

(4) Provide such care as the public children services agency	4325
considers to be in the best interests of any child adjudicated to	4326
be an abused, neglected, or dependent child the agency finds to be	4327
in need of public care or service;	4328

(5) Provide social services to any unmarried girl adjudicated	4329
to be an abused, neglected, or dependent child who is pregnant	4330
with or has been delivered of a child;	4331

(6) Make available to the bureau for children with medical	4332
handicaps of the department of health at its request any	4333
information concerning a crippled child found to be in need of	4334
treatment under sections 3701.021 to 3701.028 of the Revised Code	4335
who is receiving services from the public children services	4336
agency;	4337

(7) Provide temporary emergency care for any child considered	4338
by the public children services agency to be in need of such care,	4339
without agreement or commitment;	4340

(8) Find certified foster homes, within or outside the	4341
county, for the care of children, including handicapped children	4342
from other counties attending special schools in the county;	4343

(9) Subject to the approval of the board of county	4344
commissioners and the state department of job and family services,	4345
establish and operate a training school or enter into an agreement	4346
with any municipal corporation or other political subdivision of	4347
the county respecting the operation, acquisition, or maintenance	4348
of any children's home, training school, or other institution for	4349
the care of children maintained by such municipal corporation or	4350
political subdivision;	4351

(10) Acquire and operate a county children's home, establish,	4352
maintain, and operate a receiving home for the temporary care of	4353
children, or procure certified foster homes for this purpose;	4354

(11) Enter into an agreement with the trustees of any	4355
district children's home, respecting the operation of the district	4356
children's home in cooperation with the other county boards in the	4357
district;	4358

(12) Cooperate with, make its services available to, and act	4359
as the agent of persons, courts, the department of job and family	4360
services, the department of health, and other organizations within	4361
and outside the state, in matters relating to the welfare of	4362
children, except that the public children services agency shall	4363
not be required to provide supervision of or other services	4364
related to the exercise of parenting time rights granted pursuant	4365
to section 3109.051 or 3109.12 of the Revised Code or	4366
companionship or visitation rights granted pursuant to section	4367
3109.051, 3109.11, or 3109.12 of the Revised Code unless a	4368
juvenile court, pursuant to Chapter 2151. of the Revised Code, or	4369
a common pleas court, pursuant to division (E)(6) of section	4370
3113.31 of the Revised Code, requires the provision of supervision	4371
or other services related to the exercise of the parenting time	4372
rights or companionship or visitation rights;	4373

(13) Make investigations at the request of any superintendent	4374
of schools in the county or the principal of any school concerning	4375
the application of any child adjudicated to be an abused,	4376
neglected, or dependent child for release from school, where such	4377
service is not provided through a school attendance department;	4378

(14) Administer funds provided under Title IV-E of the	4379
"Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as	4380
amended, in accordance with rules adopted under section 5101.141	4381
of the Revised Code;	4382

(15) In addition to administering Title IV-E adoption	4383
assistance funds, enter into agreements to make adoption	4384
assistance payments under section 5153.163 of the Revised Code;	4385

(16) Implement a system of safety and risk assessment, in	4386
accordance with rules adopted by the director of job and family	4387
services, to assist the public children services agency in	4388
determining the risk of abuse or neglect to a child;	4389

(17) Enter into a plan of cooperation with the board of	4390
county commissioners under section 307.983 of the Revised Code and	4391
comply with each fiscal agreement the board enters into under	4392
section 307.98 of the Revised Code that include family services	4393
duties of public children services agencies and contracts the	4394
board enters into under sections 307.981 and 307.982 of the	4395
Revised Code that affect the public children services agency;	4396

(18) Make reasonable efforts to prevent the removal of an	4397
alleged or adjudicated abused, neglected, or dependent child from	4398
the child's home, eliminate the continued removal of the child	4399
from the child's home, or make it possible for the child to return	4400
home safely, except that reasonable efforts of that nature are not	4401
required when a court has made a determination under division	4402
(A)(2) of section 2151.419 of the Revised Code;	4403

(19) Make reasonable efforts to place the child in a timely	4404
manner in accordance with the permanency plan approved under	4405
division (E) of section 2151.417 of the Revised Code and to	4406
complete whatever steps are necessary to finalize the permanent	4407
placement of the child;	4408

(20) Administer a Title IV-A program identified under	4409
division (A)(4)(c) or (f) of section 5101.80 of the Revised Code	4410
that the department of job and family services provides for the	4411
public children services agency to administer under the	4412
department's supervision pursuant to section 5101.801 of the	4413
Revised Code;	4414

(21) Administer the kinship permanency incentive program	4415
created under section 5101.802 of the Revised Code under the	4416
supervision of the director of job and family services;	4417

(22) Provide independent living services pursuant to sections	4418
2151.81 to 2151.84 of the Revised Code.	4419

(B) The public children services agency shall use the system	4420
implemented pursuant to division (B)(A)(16) of this section in	4421
connection with an investigation undertaken pursuant to division	4422
(F)(1) of section 2151.421 of the Revised Code and may use the	4423
system at any other time the agency is involved with any child	4424
when the agency determines that risk assessment is necessaryto	4425
assess both of the following:	4426

(1) The ongoing safety of the child;

4427

(2) The appropriateness of the intensity and duration of the	4428
services provided to meet child and family needs throughout the	4429
duration of a case.	4430

(C) Except as provided in section 2151.422 of the Revised	4431
Code, in accordance with rules of the director of job and family	4432
services, and on behalf of children in the county whom the public	4433
children services agency considers to be in need of public care or	4434
protective services, the public children services agency may do	4435
the following:	4436

(1) Provide or find, with other child serving systems,	4437
specialized foster care for the care of children in a specialized	4438
foster home, as defined in section 5103.02 of the Revised Code,	4439
certified under section 5103.03 of the Revised Code;	4440

(2)(a) Except as limited by divisions (C)(2)(b) and (c) of	4441
this section, contract with the following for the purpose of	4442
assisting the agency with its duties:	4443

(i) County departments of job and family services;

4444

(ii) Boards of alcohol, drug addiction, and mental health	4445
services;	4446

(iii) County boards of mental retardation and developmental	4447
disabilities;	4448

(iv) Regional councils of political subdivisions established	4449
under Chapter 167. of the Revised Code;	4450

(v) Private and government providers of services;

4451

(vi) Managed care organizations and prepaid health plans.

4452

(b) A public children services agency contract under division	4453
(C)(2)(a) of this section regarding the agency's duties under	4454
section 2151.421 of the Revised Code may not provide for the	4455
entity under contract with the agency to perform any service not	4456
authorized by the department's rules.	4457

(c) Only a county children services board appointed under	4458
section 5153.03 of the Revised Code that is a public children	4459
services agency may contract under division (C)(2)(a) of this	4460
section. If an entity specified in division (B) or (C) of section	4461
5153.02 of the Revised Code is the public children services agency	4462
for a county, the board of county commissioners may enter into	4463
contracts pursuant to section 307.982 of the Revised Code	4464
regarding the agency's duties.	4465

Sec. 5153.166. In addition to other rules specifically	4466
authorized by the Revised Code, the director of job and family	4467
services may adopt rules governing public children services	4468
agencies' performance of their family services duties, including	4469
the family services duties that public children services agencies	4470
have under sections 5153.16 to 5153.19 of the Revised Code.	4471

Sec. 5153.17.  The public children services agency shall	4472
prepare and keep written records of investigations of families,	4473
children, and foster homes, and of the care, training, and	4474
treatment afforded children, and shall prepare and keep such other	4475
records as are required by the department of job and family	4476
services. Such records shall be confidential, but, except as	4477
provided by division (B) of section 3107.17 of the Revised Code,	4478
shall be open to inspection by the agency, the director of job and	4479
family services, and the director of the county department of job	4480
and family services, and by other persons, upon the written	4481
permission of the executive secretarydirector.	4482

Section 2. That existing sections 109.57, 109.572, 109.60,	4483
1347.08, 1717.14, 2151.011, 2151.281, 2151.353, 2151.416,	4484
2151.421, 3107.014, 3107.015, 3107.016, 3107.17, 3109.16, 3109.17,	4485
5101.141, 5101.29, 5101.35, 5101.72, 5101.99, 5103.031, 5103.033,	4486
5103.034, 5103.035, 5103.036, 5103.038, 5103.039, 5103.0311,	4487
5103.0312, 5103.0313, 5103.0315, 5103.07, 5104.01, 5104.11,	4488
5104.31, 5153.01, 5153.111, 5153.122, 5153.16, 5153.17, 5153.60,	4489
5153.61, 5153.62, 5153.63, 5153.64, 5153.65, 5153.66, 5153.67,	4490
5153.70, 5153.71, 5153.72, 5153.73, 5153.74, 5153.75, 5153.76,	4491
5153.77, and 5153.78 and sections 5103.037, 5153.68, and 5153.69	4492
of the Revised Code are hereby repealed.	4493

Section 3.  The Department of Job and Family Services shall	4494
develop, implement, oversee, and evaluate, on a pilot basis, an	4495
"Alternative Response" approach to reports of child abuse,	4496
neglect, and dependency. The pilot program shall be implemented in	4497
not more than ten counties that are selected by the Department and	4498
that agree to participate in the pilot program.	4499

The pilot program shall last eighteen months, not including	4500
time expended in preparation for the implementation of the pilot	4501
program and any post-pilot program evaluation activity.	4502

The Department shall assure that the Alternative Response	4503
pilot is independently evaluated with respect to outcomes for	4504
children and families, costs, worker satisfaction, and any other	4505
criteria the Department determines will be useful in the	4506
consideration of statewide implementation of an Alternative	4507
Response approach to child protection. The measure associated with	4508
the eighteen-month pilot program shall, for the purposes of the	4509
evaluation, be compared with those same measures in the pilot	4510
counties during the eighteen-month period immediately preceding	4511
the beginning of the pilot-program period.	4512

The Department may adopt rules in accordance with section	4513
111.15 of the Revised Code, as if they were internal management	4514
rules, as necessary to carry out the purposes of this section.	4515

Section 4. The General Assembly hereby respectfully requests	4516
that the Supreme Court adopt rules regarding the standards,	4517
qualifications, and service of guardians ad litem.	4518

Section 5. Not later than September 30, 2006, the Director of	4519
Job and Family Services shall adopt rules as necessary for the	4520
state to comply with 42 U.S.C. 607(i)(2). If necessary to bring	4521
the state into compliance with 42 U.S.C. 607(i)(2), the rules may	4522
deviate from Chapter 5107. of the Revised Code. Rules adopted	4523
under this section that govern financial and other administrative	4524
requirements applicable to the Department of Job and Family	4525
Services and county departments of job and family services shall	4526
be adopted in accordance with section 111.15 of the Revised Code	4527
as if they were internal management rules. All other rules adopted	4528
under this section shall be adopted in accordance with Chapter	4529
119. of the Revised Code.	4530

The Director shall prepare a report that contains	4531
recommendations for codifying in the Revised Code the substance of	4532
the rules adopted under this section. The Director shall submit	4533
the report not later than January 1, 2007, to the Governor, the	4534
Director of Budget and Management, the Speaker and Minority Leader	4535
of the House of Representatives, and the President and Minority	4536
Leader of the Senate.	4537

Section 6.  Section 2151.011 of the Revised Code is presented	4538
in this act as a composite of the section as amended by both Am.	4539
Sub. H.B. 11 and Am. Sub. H.B. 106 of the 125th General Assembly.	4540
Section 2151.421 of the Revised Code is presented in this act as a	4541
composite of the section as amended by both Sub. S.B. 66 and Sub.	4542
S.B. 185 of the 125th General Assembly. The General Assembly,	4543
applying the principle stated in division (B) of section 1.52 of	4544
the Revised Code that amendments are to be harmonized if	4545
reasonably capable of simultaneous operation, finds that the	4546
composites are the resulting version of the sections in effect	4547
prior to the effective dates of the sections as presented in this	4548
act.	4549