As Passed by the Senate

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. 

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A BILL

To amend sections 109.57, 109.572, 109.60, 1347.08,

1

1717.14, 2151.011, 2151.281, 2151.353, 2151.416,

2

2151.421, 3107.014, 3107.015, 3107.016, 3107.031,

3

3107.032, 3107.17, 3109.16, 3109.17, 5101.141,

4

5101.29, 5101.35, 5101.72, 5101.99, 5103.031,

5

5103.033, 5103.034, 5103.035, 5103.036, 5103.038,

6

5103.039, 5103.0311, 5103.0312, 5103.0313,

7

5103.0315, 5103.07, 5104.01, 5104.11, 5104.31,

8

5153.01, 5153.111, 5153.122, 5153.16, 5153.17,

9

5153.60, 5153.61, 5153.62, 5153.63, 5153.64,

10

5153.65, 5153.66, 5153.67, 5153.70, 5153.71,

11

5153.72, 5153.73, 5153.74, 5153.75, 5153.76,

12

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

13

adopting new section numbers as indicated in

14

parentheses, sections 5153.60 (5103.30), 5153.61

15

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

16

5153.64 (5103.363), 5153.65 (5103.37), 5153.66

17

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

18

5153.71 (5103.41), 5153.72 (5103.42), 5153.73

19

(5103.421), 5153.74 (5103.422), 5153.75

20

(5153.125), 5153.76 (5153.126), 5153.77

21

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

22

sections 2151.423, 5101.13, 5101.131, 5101.132,

23

5101.133, 5101.134, 5103.301, 5103.302, 5103.303,

24

5103.31, 5103.33, 5103.34, 5103.361, 5103.40,

25

5153.123, 5153.124, and 5153.166; and to repeal

26

sections 5103.037, 5153.68, and 5153.69 of the

27

Revised Code to revise the law governing child

28

welfare and other laws regarding the Department of

29

Job and Family Services.

30

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

Section 1. That sections 109.57, 109.572, 109.60, 1347.08,	31
1717.14, 2151.011, 2151.281, 2151.353, 2151.416, 2151.421,	32
3107.014, 3107.015, 3107.016, 3107.031, 3107.032, 3107.17,	33
3109.16, 3109.17, 5101.141, 5101.29, 5101.35, 5101.72, 5101.99,	34
5103.031, 5103.033, 5103.034, 5103.035, 5103.036, 5103.038,	35
5103.039, 5103.0311, 5103.0312, 5103.0313, 5103.0315, 5103.07,	36
5104.01, 5104.11, 5104.31, 5153.01, 5153.111, 5153.122, 5153.16,	37
5153.17, 5153.60, 5153.61, 5153.62, 5153.63, 5153.64, 5153.65,	38
5153.66, 5153.67, 5153.70, 5153.71, 5153.72, 5153.73, 5153.74,	39
5153.75, 5153.76, 5153.77, and 5153.78 be amended; sections	40
5153.60 (5103.30), 5153.61 (5103.35), 5153.62 (5103.36), 5153.63	41
(5103.362), 5153.64 (5103.363), 5153.65 (5103.37), 5153.66	42
(5103.39), 5153.67 (5103.391), 5153.70 (5103.38), 5153.71	43
(5103.41), 5153.72 (5103.42), 5153.73 (5103.421), 5153.74	44
(5103.422), 5153.75 (5153.125), 5153.76 (5153.126), 5153.77	45
(5153.127), and 5153.78 (5103.32) be amended for the purpose of	46
adopting new section numbers as indicated in parentheses; and	47
sections 2151.423, 5101.13, 5101.131, 5101.132, 5101.133,	48
5101.134, 5103.301, 5103.302, 5103.303, 5103.31, 5103.33, 5103.34,	49
5103.361, 5103.40, 5153.123, 5153.124, and 5153.166 of the Revised	50
Code be enacted to read as follows:	51

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

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

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

(b) The style and number of the case;

117

(c) The date of arrest;

118

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(E) As used in this section:

750

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

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

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

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

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

762

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

937

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

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

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

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

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

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

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

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

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

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

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

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

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

985

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

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

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

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

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

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

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

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

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

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

(B) As used in this chapter:

1018

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

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

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

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

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

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

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

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

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

1060

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

1061

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1183

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

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

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

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

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

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

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

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

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

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

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

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

1217

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

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

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

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

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

1236

(b) A congenital orthopedic impairment;

1237

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 2151.281.  (A) The court shall appoint a guardian ad	1324
litem, subject to rules adopted by the supreme court, to protect	1325
the interest of a child in any proceeding concerning an alleged or	1326
adjudicated delinquent child or unruly child when either of the	1327
following applies:	1328

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

1329

(2) The court finds that there is a conflict of interest	1330
between the child and the child's parent, guardian, or legal	1331
custodian.	1332

(B)(1) The court shall appoint a guardian ad litem, subject	1333
to rules adopted by the supreme court, to protect the interest of	1334
a child in any proceeding concerning an alleged abused or	1335
neglected child and in any proceeding held pursuant to section	1336
2151.414 of the Revised Code. The guardian ad litem so appointed	1337
shall not be the attorney responsible for presenting the evidence	1338
alleging that the child is an abused or neglected child and shall	1339
not be an employee of any party in the proceeding.	1340

(2) The guardian ad litem appointed for an alleged or	1341
adjudicated abused or neglected child may bring a civil action	1342
against any person, who is required by division (A)(1) of section	1343
2151.421 of the Revised Code to file a report of known or	1344
suspected child abuse or child neglect, if that person knows or	1345
suspects that the child for whom the guardian ad litem is	1346
appointed is the subject of child abuse or child neglect and does	1347
not file the required report and if the child suffers any injury	1348
or harm as a result of the known or suspected child abuse or child	1349
neglect or suffers additional injury or harm after the failure to	1350
file the report.	1351

(C) In any proceeding concerning an alleged or adjudicated	1352
delinquent, unruly, abused, neglected, or dependent child in which	1353
the parent appears to be mentally incompetent or is under eighteen	1354
years of age, the court shall appoint a guardian ad litem to	1355
protect the interest of that parent.	1356

(D) The court shall require the guardian ad litem to	1357
faithfully discharge the guardian ad litem's duties and, upon the	1358
guardian ad litem's failure to faithfully discharge the guardian	1359
ad litem's duties, shall discharge the guardian ad litem and	1360
appoint another guardian ad litem. The court may fix the	1361
compensation for the service of the guardian ad litem, which	1362
compensation shall be paid from the treasury of the county,	1363
subject to rules adopted by the supreme court.	1364

(E) A parent who is eighteen years of age or older and not	1365
mentally incompetent shall be deemed sui juris for the purpose of	1366
any proceeding relative to a child of the parent who is alleged or	1367
adjudicated to be an abused, neglected, or dependent child.	1368

(F) In any case in which a parent of a child alleged or	1369
adjudicated to be an abused, neglected, or dependent child is	1370
under eighteen years of age, the parents of that parent shall be	1371
summoned to appear at any hearing respecting the child, who is	1372
alleged or adjudicated to be an abused, neglected, or dependent	1373
child.	1374

(G) In any case involving an alleged or adjudicated abused or	1375
neglected child or an agreement for the voluntary surrender of	1376
temporary or permanent custody of a child that is made in	1377
accordance with section 5103.15 of the Revised Code, the court	1378
shall appoint the guardian ad litem in each case as soon as	1379
possible after the complaint is filed, the request for an	1380
extension of the temporary custody agreement is filed with the	1381
court, or the request for court approval of the permanent custody	1382
agreement is filed. In any case involving an alleged dependent	1383
child in which the parent of the child appears to be mentally	1384
incompetent or is under eighteen years of age, there is a conflict	1385
of interest between the child and the child's parents, guardian,	1386
or custodian, or the court believes that the parent of the child	1387
is not capable of representing the best interest of the child, the	1388
court shall appoint a guardian ad litem for the child. The	1389
guardian ad litem or the guardian ad litem's replacement shall	1390
continue to serve until any of the following occur:	1391

(1) The complaint is dismissed or the request for an	1392
extension of a temporary custody agreement or for court approval	1393
of the permanent custody agreement is withdrawn or denied;	1394

(2) All dispositional orders relative to the child have	1395
terminated;	1396

(3) The legal custody of the child is granted to a relative	1397
of the child, or to another person;	1398

(4) The child is placed in an adoptive home or, at the	1399
court's discretion, a final decree of adoption is issued with	1400
respect to the child;	1401

(5) The child reaches the age of eighteen if the child is not	1402
mentally retarded, developmentally disabled, or physically	1403
impaired or the child reaches the age of twenty-one if the child	1404
is mentally retarded, developmentally disabled, or physically	1405
impaired;	1406

(6) The guardian ad litem resigns or is removed by the court	1407
and a replacement is appointed by the court.	1408

If a guardian ad litem ceases to serve a child pursuant to	1409
division (G)(4) of this section and the petition for adoption with	1410
respect to the child is denied or withdrawn prior to the issuance	1411
of a final decree of adoption or prior to the date an	1412
interlocutory order of adoption becomes final, the juvenile court	1413
shall reappoint a guardian ad litem for that child. The public	1414
children services agency or private child placing agency with	1415
permanent custody of the child shall notify the juvenile court if	1416
the petition for adoption is denied or withdrawn.	1417

(H) If the guardian ad litem for an alleged or adjudicated	1418
abused, neglected, or dependent child is an attorney admitted to	1419
the practice of law in this state, the guardian ad litem also may	1420
serve as counsel to the ward. IfUntil the supreme court adopts	1421
rules regarding service as a guardian ad litem that regulate	1422
conflicts between a person's role as guardian ad litem and as	1423
counsel, if a person is serving as guardian ad litem and counsel	1424
for a child and either that person or the court finds that a	1425
conflict may exist between the person's roles as guardian ad litem	1426
and as counsel, the court shall relieve the person of duties as	1427
guardian ad litem and appoint someone else as guardian ad litem	1428
for the child. If the court appoints a person who is not an	1429
attorney admitted to the practice of law in this state to be a	1430
guardian ad litem, the court also may appoint an attorney admitted	1431
to the practice of law in this state to serve as counsel for the	1432
guardian ad litem.	1433

(I) The guardian ad litem for an alleged or adjudicated	1434
abused, neglected, or dependent child shall perform whatever	1435
functions are necessary to protect the best interest of the child,	1436
including, but not limited to, investigation, mediation,	1437
monitoring court proceedings, and monitoring the services provided	1438
the child by the public children services agency or private child	1439
placing agency that has temporary or permanent custody of the	1440
child, and shall file any motions and other court papers that are	1441
in the best interest of the child.	1442

The guardian ad litem shall be given notice of all hearings,	1443
administrative reviews, and other proceedings in the same manner	1444
as notice is given to parties to the action.	1445

(J)(1) When the court appoints a guardian ad litem pursuant	1446
to this section, it shall appoint a qualified volunteer or court	1447
appointed special advocate whenever one is available and the	1448
appointment is appropriate.	1449

(2) Upon request, the department of job and family services	1450
shall provide for the training of volunteer guardians ad litem.	1451

Sec. 2151.353.  (A) If a child is adjudicated an abused,	1452
neglected, or dependent child, the court may make any of the	1453
following orders of disposition:	1454

(1) Place the child in protective supervision;

1455

(2) Commit the child to the temporary custody of a public	1456
children services agency, a private child placing agency, either	1457
parent, a relative residing within or outside the state, or a	1458
probation officer for placement in a certified foster home, or in	1459
any other home approved by the court;	1460

(3) Award legal custody of the child to either parent or to	1461
any other person who, prior to the dispositional hearing, files a	1462
motion requesting legal custody of the child;or is identified as	1463
a proposed legal custodian in a complaint or motion filed prior to	1464
the dispositional hearing by any party to the proceedings. A	1465
person identified in a complaint or motion filed by a party to the	1466
proceedings as a proposed legal guardian shall be awarded legal	1467
custody of the child only if the person identified signs a	1468
statement of understanding for legal custody that contains at	1469
least the following provisions:	1470

(a) That it is the intent of the person to become the legal	1471
custodian of the child and the person is able to assume legal	1472
responsibility for the care and supervision of the child;	1473

(b) That the person understands that legal custody of the	1474
child in question is intended to be permanent in nature and that	1475
the person will be responsible as the custodian for the child	1476
until the child reaches the age of majority, unless the person's	1477
duty to see that the child receives an education, in accordance	1478
with the standards prescribed in section 3321.03 of the Revised	1479
Code, has not been excused;	1480

(c) That the parents of the child have residual parental	1481
rights, privileges, and responsibilities, including, but not	1482
limited to, the privilege of reasonable visitation, consent to	1483
adoption, the privilege to determine the child's religious	1484
affiliation, and the responsibility for support;	1485

(d) That the person understands that the person must be	1486
present in court for the dispositional hearing in order to affirm	1487
the person's intention to become legal custodian, to affirm that	1488
the person understands the effect of the custodianship before the	1489
court, and to answer any questions that the court or any parties	1490
to the case may have.	1491

(4) Commit the child to the permanent custody of a public	1492
children services agency or private child placing agency, if the	1493
court determines in accordance with division (E) of section	1494
2151.414 of the Revised Code that the child cannot be placed with	1495
one of the child's parents within a reasonable time or should not	1496
be placed with either parent and determines in accordance with	1497
division (D) of section 2151.414 of the Revised Code that the	1498
permanent commitment is in the best interest of the child. If the	1499
court grants permanent custody under this division, the court,	1500
upon the request of any party, shall file a written opinion	1501
setting forth its findings of fact and conclusions of law in	1502
relation to the proceeding.	1503

(5) Place the child in a planned permanent living arrangement	1504
with a public children services agency or private child placing	1505
agency, if a public children services agency or private child	1506
placing agency requests the court to place the child in a planned	1507
permanent living arrangement and if the court finds, by clear and	1508
convincing evidence, that a planned permanent living arrangement	1509
is in the best interest of the child and that one of the following	1510
exists:	1511

(a) The child, because of physical, mental, or psychological	1512
problems or needs, is unable to function in a family-like setting	1513
and must remain in residential or institutional care.	1514

(b) The parents of the child have significant physical,	1515
mental, or psychological problems and are unable to care for the	1516
child because of those problems, adoption is not in the best	1517
interest of the child, as determined in accordance with division	1518
(D) of section 2151.414 of the Revised Code, and the child retains	1519
a significant and positive relationship with a parent or relative.	1520

(c) The child is sixteen years of age or older, has been	1521
counseled on the permanent placement options available to the	1522
child, is unwilling to accept or unable to adapt to a permanent	1523
placement, and is in an agency program preparing the child for	1524
independent living.	1525

(6) Order the removal from the child's home until further	1526
order of the court of the person who committed abuse as described	1527
in section 2151.031 of the Revised Code against the child, who	1528
caused or allowed the child to suffer neglect as described in	1529
section 2151.03 of the Revised Code, or who is the parent,	1530
guardian, or custodian of a child who is adjudicated a dependent	1531
child and order any person not to have contact with the child or	1532
the child's siblings.	1533

(B) No order for permanent custody or temporary custody of a	1534
child or the placement of a child in a planned permanent living	1535
arrangement shall be made pursuant to this section unless the	1536
complaint alleging the abuse, neglect, or dependency contains a	1537
prayer requesting permanent custody, temporary custody, or the	1538
placement of the child in a planned permanent living arrangement	1539
as desired, the summons served on the parents of the child	1540
contains as is appropriate a full explanation that the granting of	1541
an order for permanent custody permanently divests them of their	1542
parental rights, a full explanation that an adjudication that the	1543
child is an abused, neglected, or dependent child may result in an	1544
order of temporary custody that will cause the removal of the	1545
child from their legal custody until the court terminates the	1546
order of temporary custody or permanently divests the parents of	1547
their parental rights, or a full explanation that the granting of	1548
an order for a planned permanent living arrangement will result in	1549
the removal of the child from their legal custody if any of the	1550
conditions listed in divisions (A)(5)(a) to (c) of this section	1551
are found to exist, and the summons served on the parents contains	1552
a full explanation of their right to be represented by counsel and	1553
to have counsel appointed pursuant to Chapter 120. of the Revised	1554
Code if they are indigent.	1555

If after making disposition as authorized by division (A)(2)	1556
of this section, a motion is filed that requests permanent custody	1557
of the child, the court may grant permanent custody of the child	1558
to the movant in accordance with section 2151.414 of the Revised	1559
Code.	1560

(C) If the court issues an order for protective supervision	1561
pursuant to division (A)(1) of this section, the court may place	1562
any reasonable restrictions upon the child, the child's parents,	1563
guardian, or custodian, or any other person, including, but not	1564
limited to, any of the following:	1565

(1) Order a party, within forty-eight hours after the	1566
issuance of the order, to vacate the child's home indefinitely or	1567
for a specified period of time;	1568

(2) Order a party, a parent of the child, or a physical	1569
custodian of the child to prevent any particular person from	1570
having contact with the child;	1571

(3) Issue an order restraining or otherwise controlling the	1572
conduct of any person which conduct would not be in the best	1573
interest of the child.	1574

(D) As part of its dispositional order, the court shall	1575
journalize a case plan for the child. The journalized case plan	1576
shall not be changed except as provided in section 2151.412 of the	1577
Revised Code.	1578

(E)(1) The court shall retain jurisdiction over any child for	1579
whom the court issues an order of disposition pursuant to division	1580
(A) of this section or pursuant to section 2151.414 or 2151.415 of	1581
the Revised Code until the child attains the age of eighteen years	1582
if the child is not mentally retarded, developmentally disabled,	1583
or physically impaired, the child attains the age of twenty-one	1584
years if the child is mentally retarded, developmentally disabled,	1585
or physically impaired, or the child is adopted and a final decree	1586
of adoption is issued, except that the court may retain	1587
jurisdiction over the child and continue any order of disposition	1588
under division (A) of this section or under section 2151.414 or	1589
2151.415 of the Revised Code for a specified period of time to	1590
enable the child to graduate from high school or vocational	1591
school. The court shall make an entry continuing its jurisdiction	1592
under this division in the journal.	1593

(2) Any public children services agency, any private child	1594
placing agency, the department of job and family services, or any	1595
party, other than any parent whose parental rights with respect to	1596
the child have been terminated pursuant to an order issued under	1597
division (A)(4) of this section, by filing a motion with the	1598
court, may at any time request the court to modify or terminate	1599
any order of disposition issued pursuant to division (A) of this	1600
section or section 2151.414 or 2151.415 of the Revised Code. The	1601
court shall hold a hearing upon the motion as if the hearing were	1602
the original dispositional hearing and shall give all parties to	1603
the action and the guardian ad litem notice of the hearing	1604
pursuant to the Juvenile Rules. If applicable, the court shall	1605
comply with section 2151.42 of the Revised Code.	1606

(F) Any temporary custody order issued pursuant to division	1607
(A) of this section shall terminate one year after the earlier of	1608
the date on which the complaint in the case was filed or the child	1609
was first placed into shelter care, except that, upon the filing	1610
of a motion pursuant to section 2151.415 of the Revised Code, the	1611
temporary custody order shall continue and not terminate until the	1612
court issues a dispositional order under that section.	1613

(G)(1) No later than one year after the earlier of the date	1614
the complaint in the case was filed or the child was first placed	1615
in shelter care, a party may ask the court to extend an order for	1616
protective supervision for six months or to terminate the order. A	1617
party requesting extension or termination of the order shall file	1618
a written request for the extension or termination with the court	1619
and give notice of the proposed extension or termination in	1620
writing before the end of the day after the day of filing it to	1621
all parties and the child's guardian ad litem. If a public	1622
children services agency or private child placing agency requests	1623
termination of the order, the agency shall file a written status	1624
report setting out the facts supporting termination of the order	1625
at the time it files the request with the court. If no party	1626
requests extension or termination of the order, the court shall	1627
notify the parties that the court will extend the order for six	1628
months or terminate it and that it may do so without a hearing	1629
unless one of the parties requests a hearing. All parties and the	1630
guardian ad litem shall have seven days from the date a notice is	1631
sent pursuant to this division to object to and request a hearing	1632
on the proposed extension or termination.	1633

(a) If it receives a timely request for a hearing, the court	1634
shall schedule a hearing to be held no later than thirty days	1635
after the request is received by the court. The court shall give	1636
notice of the date, time, and location of the hearing to all	1637
parties and the guardian ad litem. At the hearing, the court	1638
shall determine whether extension or termination of the order is	1639
in the child's best interest. If termination is in the child's	1640
best interest, the court shall terminate the order. If extension	1641
is in the child's best interest, the court shall extend the order	1642
for six months.	1643

(b) If it does not receive a timely request for a hearing,	1644
the court may extend the order for six months or terminate it	1645
without a hearing and shall journalize the order of extension or	1646
termination not later than fourteen days after receiving the	1647
request for extension or termination or after the date the court	1648
notifies the parties that it will extend or terminate the order.	1649
If the court does not extend or terminate the order, it shall	1650
schedule a hearing to be held no later than thirty days after the	1651
expiration of the applicable fourteen-day time period and give	1652
notice of the date, time, and location of the hearing to all	1653
parties and the child's guardian ad litem. At the hearing, the	1654
court shall determine whether extension or termination of the	1655
order is in the child's best interest. If termination is in the	1656
child's best interest, the court shall terminate the order. If	1657
extension is in the child's best interest, the court shall issue	1658
an order extending the order for protective supervision six	1659
months.	1660

(2) If the court grants an extension of the order for	1661
protective supervision pursuant to division (G)(1) of this	1662
section, a party may, prior to termination of the extension, file	1663
with the court a request for an additional extension of six months	1664
or for termination of the order. The court and the parties shall	1665
comply with division (G)(1) of this section with respect to	1666
extending or terminating the order.	1667

(3) If a court grants an extension pursuant to division	1668
(G)(2) of this section, the court shall terminate the order for	1669
protective supervision at the end of the extension.	1670

(H) The court shall not issue a dispositional order pursuant	1671
to division (A) of this section that removes a child from the	1672
child's home unless the court complies with section 2151.419 of	1673
the Revised Code and includes in the dispositional order the	1674
findings of fact required by that section.	1675

(I) If a motion or application for an order described in	1676
division (A)(6) of this section is made, the court shall not issue	1677
the order unless, prior to the issuance of the order, it provides	1678
to the person all of the following:	1679

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

1680

(2) The grounds for the motion or application;

1681

(3) An opportunity to present evidence and witnesses at a	1682
hearing regarding the motion or application;	1683

(4) An opportunity to be represented by counsel at the	1684
hearing.	1685

(J) The jurisdiction of the court shall terminate one year	1686
after the date of the award or, if the court takes any further	1687
action in the matter subsequent to the award, the date of the	1688
latest further action subsequent to the award, if the court awards	1689
legal custody of a child to either of the following:	1690

(1) A legal custodian who, at the time of the award of legal	1691
custody, resides in a county of this state other than the county	1692
in which the court is located;	1693

(2) A legal custodian who resides in the county in which the	1694
court is located at the time of the award of legal custody, but	1695
moves to a different county of this state prior to one year after	1696
the date of the award or, if the court takes any further action in	1697
the matter subsequent to the award, one year after the date of the	1698
latest further action subsequent to the award.	1699

The court in the county in which the legal custodian resides	1700
then shall have jurisdiction in the matter.	1701

Sec. 2151.416.  (A) Each agency that is required by section	1702
2151.412 of the Revised Code to prepare a case plan for a child	1703
shall complete a semiannual administrative review of the case plan	1704
no later than six months after the earlier of the date on which	1705
the complaint in the case was filed or the child was first placed	1706
in shelter care. After the first administrative review, the agency	1707
shall complete semiannual administrative reviews no later than	1708
every six months. If the court issues an order pursuant to section	1709
2151.414 or 2151.415 of the Revised Code, the agency shall	1710
complete an administrative review no later than six months after	1711
the court's order and continue to complete administrative reviews	1712
no later than every six months after the first review, except that	1713
the court hearing held pursuant to section 2151.417 of the Revised	1714
Code may take the place of any administrative review that would	1715
otherwise be held at the time of the court hearing. When	1716
conducting a review, the child's health and safety shall be the	1717
paramount concern.	1718

(B) Each administrative review required by division (A) of	1719
this section shall be conducted by a review panel of at least	1720
three persons, including, but not limited to, both of the	1721
following:	1722

(1) A caseworker with day-to-day responsibility for, or	1723
familiarity with, the management of the child's case plan;	1724

(2) A person who is not responsible for the management of the	1725
child's case plan or for the delivery of services to the child or	1726
the parents, guardian, or custodian of the child.	1727

(C) Each semiannual administrative review shall include, but	1728
not be limited to, a joint meeting by the review panel with the	1729
parents, guardian, or custodian of the child, the guardian ad	1730
litem of the child, and the child's foster care provider and shall	1731
include an opportunity for those persons to submit any written	1732
materials to be included in the case record of the child. If a	1733
parent, guardian, custodian, guardian ad litem, or foster care	1734
provider of the child cannot be located after reasonable efforts	1735
to do so or declines to participate in the administrative review	1736
after being contacted, the agency does not have to include them in	1737
the joint meeting.	1738

(D) The agency shall prepare a written summary of the	1739
semiannual administrative review that shall include, but not be	1740
limited to, all of the following:	1741

(1) A conclusion regarding the safety and appropriateness of	1742
the child's foster care placement;	1743

(2) The extent of the compliance with the case plan of all	1744
parties;	1745

(3) The extent of progress that has been made toward	1746
alleviating the circumstances that required the agency to assume	1747
temporary custody of the child;	1748

(4) An estimated date by which the child may be returned to	1749
and safely maintained in the child's home or placed for adoption	1750
or legal custody;	1751

(5) An updated case plan that includes any changes that the	1752
agency is proposing in the case plan;	1753

(6) The recommendation of the agency as to which agency or	1754
person should be given custodial rights over the child for the	1755
six-month period after the administrative review;	1756

(7) The names of all persons who participated in the	1757
administrative review.	1758

(E) The agency shall file the summary with the court no later	1759
than seven days after the completion of the administrative review.	1760
If the agency proposes a change to the case plan as a result of	1761
the administrative review, the agency shall file the proposed	1762
change with the court at the time it files the summary. The agency	1763
shall give notice of the summary and proposed change in writing	1764
before the end of the next day after filing them to all parties	1765
and the child's guardian ad litem. All parties and the guardian ad	1766
litem shall have seven days after the date the notice is sent to	1767
object to and request a hearing on the proposed change.	1768

(1) If the court receives a timely request for a hearing, the	1769
court shall schedule a hearing pursuant to section 2151.417 of the	1770
Revised Code to be held not later than thirty days after the court	1771
receives the request. The court shall give notice of the date,	1772
time, and location of the hearing to all parties and the guardian	1773
ad litem. The agency may implement the proposed change after the	1774
hearing, if the court approves it. The agency shall not implement	1775
the proposed change unless it is approved by the court.	1776

(2) If the court does not receive a timely request for a	1777
hearing, the court may approve the proposed change without a	1778
hearing. If the court approves the proposed change without a	1779
hearing, it shall journalize the case plan with the change not	1780
later than fourteen days after the change is filed with the court.	1781
If the court does not approve the proposed change to the case	1782
plan, it shall schedule a review hearing to be held pursuant to	1783
section 2151.417 of the Revised Code no later than thirty days	1784
after the expiration of the fourteen-day time period and give	1785
notice of the date, time, and location of the hearing to all	1786
parties and the guardian ad litem of the child. If, despite the	1787
requirements of this division and division (D) of section 2151.417	1788
of the Revised Code, the court neither approves and journalizes	1789
the proposed change nor conducts a hearing, the agency may	1790
implement the proposed change not earlier than fifteen days after	1791
it is submitted to the court.	1792

(F) The director of job and family services may adopt rules	1793
pursuant to Chapter 119. of the Revised Code for procedures and	1794
standard forms for conducting administrative reviews pursuant to	1795
this section.	1796

(G) The juvenile court that receives the written summary of	1797
the administrative review, upon determining, either from the	1798
written summary, case plan, or otherwise, that the custody or care	1799
arrangement is not in the best interest of the child, may	1800
terminate the custody of an agency and place the child in the	1801
custody of another institution or association certified by the	1802
department of job and family services under section 5103.03 of the	1803
Revised Code.	1804

(H) The department of job and family services shall report	1805
annually to the public and to the general assembly on the results	1806
of the review of case plans of each agency. The annual report	1807
shall include any information that is required by the department,	1808
including, but not limited to, all of the following:	1809

(1) A statistical analysis of the administrative reviews	1810
conducted pursuant to this section and section 2151.417 of the	1811
Revised Code;	1812

(2) The number of children in temporary or permanent custody	1813
for whom an administrative review was conducted, the number of	1814
children whose custody status changed during the period, the	1815
number of children whose residential placement changed during the	1816
period, and the number of residential placement changes for each	1817
child during the period;	1818

(3) An analysis of the utilization of public social services	1819
by agencies and parents or guardians, and the utilization of the	1820
adoption listing service of the department pursuant to section	1821
5103.154 of the Revised Code.	1822

Sec. 2151.421.  (A)(1)(a) No person described in division	1823
(A)(1)(b) of this section who is acting in an official or	1824
professional capacity and knows or suspects that a child under	1825
eighteen years of age or a mentally retarded, developmentally	1826
disabled, or physically impaired child under twenty-one years of	1827
age has suffered or faces a threat of suffering any physical or	1828
mental wound, injury, disability, or condition of a nature that	1829
reasonably indicates abuse or neglect of the child, shall fail to	1830
immediately report that knowledge or suspicion to the entity or	1831
persons specified in this division. Except as provided in section	1832
5120.173 of the Revised Code, the person making the report shall	1833
make it to the public children services agency or a municipal or	1834
county peace officer in the county in which the child resides or	1835
in which the abuse or neglect is occurring or has occurred. In the	1836
circumstances described in section 5120.173 of the Revised Code,	1837
the person making the report shall make it to the entity specified	1838
in that section.	1839

(b) Division (A)(1)(a) of this section applies to any person	1840
who is an attorney; physician, including a hospital intern or	1841
resident; dentist; podiatrist; practitioner of a limited branch of	1842
medicine as specified in section 4731.15 of the Revised Code;	1843
registered nurse; licensed practical nurse; visiting nurse; other	1844
health care professional; licensed psychologist; licensed school	1845
psychologist; independent marriage and family therapist or	1846
marriage and family therapist; speech pathologist or audiologist;	1847
coroner; administrator or employee of a child day-care center;	1848
administrator or employee of a residential camp or child day camp;	1849
administrator or employee of a certified child care agency or	1850
other public or private children services agency; school teacher;	1851
school employee; school authority; person engaged in social work	1852
or the practice of professional counseling; agent of a county	1853
humane society; person rendering spiritual treatment through	1854
prayer in accordance with the tenets of a well-recognized	1855
religion; superintendent, board member, or employee of a county	1856
board of mental retardation; investigative agent contracted with	1857
by a county board of mental retardation; or employee of the	1858
department of mental retardation and developmental disabilities.	1859

(2) An attorney or a physician is not required to make a	1860
report pursuant to division (A)(1) of this section concerning any	1861
communication the attorney or physician receives from a client or	1862
patient in an attorney-client or physician-patient relationship,	1863
if, in accordance with division (A) or (B) of section 2317.02 of	1864
the Revised Code, the attorney or physician could not testify with	1865
respect to that communication in a civil or criminal proceeding,	1866
except that the client or patient is deemed to have waived any	1867
testimonial privilege under division (A) or (B) of section 2317.02	1868
of the Revised Code with respect to that communication and the	1869
attorney or physician shall make a report pursuant to division	1870
(A)(1) of this section with respect to that communication, if all	1871
of the following apply:	1872

(a) The client or patient, at the time of the communication,	1873
is either a child under eighteen years of age or a mentally	1874
retarded, developmentally disabled, or physically impaired person	1875
under twenty-one years of age.	1876

(b) The attorney or physician knows or suspects, as a result	1877
of the communication or any observations made during that	1878
communication, that the client or patient has suffered or faces a	1879
threat of suffering any physical or mental wound, injury,	1880
disability, or condition of a nature that reasonably indicates	1881
abuse or neglect of the client or patient.	1882

(c) The attorney-client or physician-patient relationship	1883
does not arise out of the client's or patient's attempt to have an	1884
abortion without the notification of her parents, guardian, or	1885
custodian in accordance with section 2151.85 of the Revised Code.	1886

(B) Anyone, who knows or suspects that a child under eighteen	1887
years of age or a mentally retarded, developmentally disabled, or	1888
physically impaired person under twenty-one years of age has	1889
suffered or faces a threat of suffering any physical or mental	1890
wound, injury, disability, or other condition of a nature that	1891
reasonably indicates abuse or neglect of the child may report or	1892
cause reports to be made of that knowledge or suspicion to the	1893
entity or persons specified in this division. Except as provided	1894
in section 5120.173 of the Revised Code, a person making a report	1895
or causing a report to be made under this division shall make it	1896
or cause it to be made to the public children services agency or	1897
to a municipal or county peace officer. In the circumstances	1898
described in section 5120.173 of the Revised Code, a person making	1899
a report or causing a report to be made under this division shall	1900
make it or cause it to be made to the entity specified in that	1901
section.	1902

(C) Any report made pursuant to division (A) or (B) of this	1903
section shall be made forthwith either by telephone or in person	1904
and shall be followed by a written report, if requested by the	1905
receiving agency or officer. The written report shall contain:	1906

(1) The names and addresses of the child and the child's	1907
parents or the person or persons having custody of the child, if	1908
known;	1909

(2) The child's age and the nature and extent of the child's	1910
known or suspected injuries, abuse, or neglect or of the known or	1911
suspected threat of injury, abuse, or neglect, including any	1912
evidence of previous injuries, abuse, or neglect;	1913

(3) Any other information that might be helpful in	1914
establishing the cause of the known or suspected injury, abuse, or	1915
neglect or of the known or suspected threat of injury, abuse, or	1916
neglect.	1917

Any person, who is required by division (A) of this section	1918
to report known or suspected child abuse or child neglect, may	1919
take or cause to be taken color photographs of areas of trauma	1920
visible on a child and, if medically indicated, cause to be	1921
performed radiological examinations of the child.	1922

(D) As used in this division, "children's advocacy center"	1923
and "sexual abuse of a child" have the same meanings as in section	1924
2151.425 of the Revised Code.	1925

(1) When a municipal or county peace officer receives a	1926
report concerning the possible abuse or neglect of a child or the	1927
possible threat of abuse or neglect of a child, upon receipt of	1928
the report, the municipal or county peace officer who receives the	1929
report shall refer the report to the appropriate public children	1930
services agency.	1931

(2) When a public children services agency receives a report	1932
pursuant to this division or division (A) or (B) of this section,	1933
upon receipt of the report, the public children services agency	1934
shall do both of the following:	1935

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

1936

(b) If the county served by the agency is also served by a	1937
children's advocacy center and the report alleges sexual abuse of	1938
a child or another type of abuse of a child that is specified in	1939
the memorandum of understanding that creates the center as being	1940
within the center's jurisdiction, comply regarding the report with	1941
the protocol and procedures for referrals and investigations, with	1942
the coordinating activities, and with the authority or	1943
responsibility for performing or providing functions, activities,	1944
and services stipulated in the interagency agreement entered into	1945
under section 2151.428 of the Revised Code relative to that	1946
center.	1947

(E) No township, municipal, or county peace officer shall	1948
remove a child about whom a report is made pursuant to this	1949
section from the child's parents, stepparents, or guardian or any	1950
other persons having custody of the child without consultation	1951
with the public children services agency, unless, in the judgment	1952
of the officer, and, if the report was made by physician, the	1953
physician, immediate removal is considered essential to protect	1954
the child from further abuse or neglect. The agency that must be	1955
consulted shall be the agency conducting the investigation of the	1956
report as determined pursuant to section 2151.422 of the Revised	1957
Code.	1958

(F)(1) Except as provided in section 2151.422 of the Revised	1959
Code or in an interagency agreement entered into under section	1960
2151.428 of the Revised Code that applies to the particular	1961
report, the public children services agency shall investigate,	1962
within twenty-four hours, each report of known or suspected child	1963
abuse or child neglect and of a known or suspected threat of child	1964
abuse or child neglect that is referred to it under this section	1965
to determine the circumstances surrounding the injuries, abuse, or	1966
neglect or the threat of injury, abuse, or neglect, the cause of	1967
the injuries, abuse, neglect, or threat, and the person or persons	1968
responsible. The investigation shall be made in cooperation with	1969
the law enforcement agency and in accordance with the memorandum	1970
of understanding prepared under division (J) of this section. A	1971
representative of the public children services agency shall, at	1972
the time of initial contact with the person subject to the	1973
investigation, inform the person of the specific complaints or	1974
allegations made against the person. The information shall be	1975
given in a manner that is consistent with division (H)(1) of this	1976
section and protects the rights of the person making the report	1977
under this section.	1978

A failure to make the investigation in accordance with the	1979
memorandum is not grounds for, and shall not result in, the	1980
dismissal of any charges or complaint arising from the report or	1981
the suppression of any evidence obtained as a result of the report	1982
and does not give, and shall not be construed as giving, any	1983
rights or any grounds for appeal or post-conviction relief to any	1984
person. The public children services agency shall report each case	1985
to a central registry whichthe uniform statewide automated child	1986
welfare information system that the department of job and family	1987
services shall maintain in order to determine whether prior	1988
reports have been made in other counties concerning the child or	1989
other principals in the caseaccordance with section 5101.13 of	1990
the Revised Code. The public children services agency shall submit	1991
a report of its investigation, in writing, to the law enforcement	1992
agency.	1993

(2) The public children services agency shall make any	1994
recommendations to the county prosecuting attorney or city	1995
director of law that it considers necessary to protect any	1996
children that are brought to its attention.	1997

(G)(1)(a) Except as provided in division (H)(3) of this	1998
section, anyone or any hospital, institution, school, health	1999
department, or agency participating in the making of reports under	2000
division (A) of this section, anyone or any hospital, institution,	2001
school, health department, or agency participating in good faith	2002
in the making of reports under division (B) of this section, and	2003
anyone participating in good faith in a judicial proceeding	2004
resulting from the reports, shall be immune from any civil or	2005
criminal liability for injury, death, or loss to person or	2006
property that otherwise might be incurred or imposed as a result	2007
of the making of the reports or the participation in the judicial	2008
proceeding.	2009

(b) Notwithstanding section 4731.22 of the Revised Code, the	2010
physician-patient privilege shall not be a ground for excluding	2011
evidence regarding a child's injuries, abuse, or neglect, or the	2012
cause of the injuries, abuse, or neglect in any judicial	2013
proceeding resulting from a report submitted pursuant to this	2014
section.	2015

(2) In any civil or criminal action or proceeding in which it	2016
is alleged and proved that participation in the making of a report	2017
under this section was not in good faith or participation in a	2018
judicial proceeding resulting from a report made under this	2019
section was not in good faith, the court shall award the	2020
prevailing party reasonable attorney's fees and costs and, if a	2021
civil action or proceeding is voluntarily dismissed, may award	2022
reasonable attorney's fees and costs to the party against whom the	2023
civil action or proceeding is brought.	2024

(H)(1) Except as provided in divisions (H)(4) and (M) of this	2025
section, a report made under this section is confidential. The	2026
information provided in a report made pursuant to this section and	2027
the name of the person who made the report shall not be released	2028
for use, and shall not be used, as evidence in any civil action or	2029
proceeding brought against the person who made the report. In a	2030
criminal proceeding, the report is admissible in evidence in	2031
accordance with the Rules of Evidence and is subject to discovery	2032
in accordance with the Rules of Criminal Procedure.	2033

(2) No person shall permit or encourage the unauthorized	2034
dissemination of the contents of any report made under this	2035
section.	2036

(3) A person who knowingly makes or causes another person to	2037
make a false report under division (B) of this section that	2038
alleges that any person has committed an act or omission that	2039
resulted in a child being an abused child or a neglected child is	2040
guilty of a violation of section 2921.14 of the Revised Code.	2041

(4) If a report is made pursuant to division (A) or (B) of	2042
this section and the child who is the subject of the report dies	2043
for any reason at any time after the report is made, but before	2044
the child attains eighteen years of age, the public children	2045
services agency or municipal or county peace officer to which the	2046
report was made or referred, on the request of the child fatality	2047
review board, shall submit a summary sheet of information	2048
providing a summary of the report to the review board of the	2049
county in which the deceased child resided at the time of death.	2050
On the request of the review board, the agency or peace officer	2051
may, at its discretion, make the report available to the review	2052
board. If the county served by the public children services agency	2053
is also served by a children's advocacy center and the report of	2054
alleged sexual abuse of a child or another type of abuse of a	2055
child is specified in the memorandum of understanding that creates	2056
the center as being within the center's jurisdiction, the agency	2057
or center shall perform the duties and functions specified in this	2058
division in accordance with the interagency agreement entered into	2059
under section 2151.428 of the Revised Code relative to that	2060
advocacy center.	2061

(5) A public children services agency shall advise a person	2062
alleged to have inflicted abuse or neglect on a child who is the	2063
subject of a report made pursuant to this section, including a	2064
report alleging sexual abuse of a child or another type of abuse	2065
of a child referred to a children's advocacy center pursuant to an	2066
interagency agreement entered into under section 2151.428 of the	2067
Revised Code, in writing of the disposition of the investigation.	2068
The agency shall not provide to the person any information that	2069
identifies the person who made the report, statements of	2070
witnesses, or police or other investigative reports.	2071

(I) Any report that is required by this section, other than a	2072
report that is made to the state highway patrol as described in	2073
section 5120.173 of the Revised Code, shall result in protective	2074
services and emergency supportive services being made available by	2075
the public children services agency on behalf of the children	2076
about whom the report is made, in an effort to prevent further	2077
neglect or abuse, to enhance their welfare, and, whenever	2078
possible, to preserve the family unit intact. The agency required	2079
to provide the services shall be the agency conducting the	2080
investigation of the report pursuant to section 2151.422 of the	2081
Revised Code.	2082

(J)(1) Each public children services agency shall prepare a	2083
memorandum of understanding that is signed by all of the	2084
following:	2085

(a) If there is only one juvenile judge in the county, the	2086
juvenile judge of the county or the juvenile judge's	2087
representative;	2088

(b) If there is more than one juvenile judge in the county, a	2089
juvenile judge or the juvenile judges' representative selected by	2090
the juvenile judges or, if they are unable to do so for any	2091
reason, the juvenile judge who is senior in point of service or	2092
the senior juvenile judge's representative;	2093

(c) The county peace officer;

2094

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

2095

(e) Other law enforcement officers handling child abuse and	2096
neglect cases in the county;	2097

(f) The prosecuting attorney of the county;

2098

(g) If the public children services agency is not the county	2099
department of job and family services, the county department of	2100
job and family services;	2101

(h) The county humane society;

2102

(i) If the public children services agency participated in	2103
the execution of a memorandum of understanding under section	2104
2151.426 of the Revised Code establishing a children's advocacy	2105
center, each participating member of the children's advocacy	2106
center established by the memorandum.	2107

(2) A memorandum of understanding shall set forth the normal	2108
operating procedure to be employed by all concerned officials in	2109
the execution of their respective responsibilities under this	2110
section and division (C) of section 2919.21, division (B)(1) of	2111
section 2919.22, division (B) of section 2919.23, and section	2112
2919.24 of the Revised Code and shall have as two of its primary	2113
goals the elimination of all unnecessary interviews of children	2114
who are the subject of reports made pursuant to division (A) or	2115
(B) of this section and, when feasible, providing for only one	2116
interview of a child who is the subject of any report made	2117
pursuant to division (A) or (B) of this section. A failure to	2118
follow the procedure set forth in the memorandum by the concerned	2119
officials is not grounds for, and shall not result in, the	2120
dismissal of any charges or complaint arising from any reported	2121
case of abuse or neglect or the suppression of any evidence	2122
obtained as a result of any reported child abuse or child neglect	2123
and does not give, and shall not be construed as giving, any	2124
rights or any grounds for appeal or post-conviction relief to any	2125
person.	2126

(3) A memorandum of understanding shall include all of the	2127
following:	2128

(a) The roles and responsibilities for handling emergency and	2129
nonemergency cases of abuse and neglect;	2130

(b) Standards and procedures to be used in handling and	2131
coordinating investigations of reported cases of child abuse and	2132
reported cases of child neglect, methods to be used in	2133
interviewing the child who is the subject of the report and who	2134
allegedly was abused or neglected, and standards and procedures	2135
addressing the categories of persons who may interview the child	2136
who is the subject of the report and who allegedly was abused or	2137
neglected.	2138

(4) If a public children services agency participated in the	2139
execution of a memorandum of understanding under section 2151.426	2140
of the Revised Code establishing a children's advocacy center, the	2141
agency shall incorporate the contents of that memorandum in the	2142
memorandum prepared pursuant to this section.	2143

(K)(1) Except as provided in division (K)(4) of this section,	2144
a person who is required to make a report pursuant to division (A)	2145
of this section may make a reasonable number of requests of the	2146
public children services agency that receives or is referred the	2147
report, or of the children's advocacy center that is referred the	2148
report if the report is referred to a children's advocacy center	2149
pursuant to an interagency agreement entered into under section	2150
2151.428 of the Revised Code, to be provided with the following	2151
information:	2152

(a) Whether the agency or center has initiated an	2153
investigation of the report;	2154

(b) Whether the agency or center is continuing to investigate	2155
the report;	2156

(c) Whether the agency or center is otherwise involved with	2157
the child who is the subject of the report;	2158

(d) The general status of the health and safety of the child	2159
who is the subject of the report;	2160

(e) Whether the report has resulted in the filing of a	2161
complaint in juvenile court or of criminal charges in another	2162
court.	2163

(2) A person may request the information specified in	2164
division (K)(1) of this section only if, at the time the report is	2165
made, the person's name, address, and telephone number are	2166
provided to the person who receives the report.	2167

When a municipal or county peace officer or employee of a	2168
public children services agency receives a report pursuant to	2169
division (A) or (B) of this section the recipient of the report	2170
shall inform the person of the right to request the information	2171
described in division (K)(1) of this section. The recipient of the	2172
report shall include in the initial child abuse or child neglect	2173
report that the person making the report was so informed and, if	2174
provided at the time of the making of the report, shall include	2175
the person's name, address, and telephone number in the report.	2176

Each request is subject to verification of the identity of	2177
the person making the report. If that person's identity is	2178
verified, the agency shall provide the person with the information	2179
described in division (K)(1) of this section a reasonable number	2180
of times, except that the agency shall not disclose any	2181
confidential information regarding the child who is the subject of	2182
the report other than the information described in those	2183
divisions.	2184

(3) A request made pursuant to division (K)(1) of this	2185
section is not a substitute for any report required to be made	2186
pursuant to division (A) of this section.	2187

(4) If an agency other than the agency that received or was	2188
referred the report is conducting the investigation of the report	2189
pursuant to section 2151.422 of the Revised Code, the agency	2190
conducting the investigation shall comply with the requirements of	2191
division (K) of this section.	2192

(L) The director of job and family services shall adopt rules	2193
in accordance with Chapter 119. of the Revised Code to implement	2194
this section. The department of job and family services may enter	2195
into a plan of cooperation with any other governmental entity to	2196
aid in ensuring that children are protected from abuse and	2197
neglect. The department shall make recommendations to the attorney	2198
general that the department determines are necessary to protect	2199
children from child abuse and child neglect.	2200

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

2201

(a) "Out-of-home care" includes a nonchartered nonpublic	2202
school if the alleged child abuse or child neglect, or alleged	2203
threat of child abuse or child neglect, described in a report	2204
received by a public children services agency allegedly occurred	2205
in or involved the nonchartered nonpublic school and the alleged	2206
perpetrator named in the report holds a certificate, permit, or	2207
license issued by the state board of education under section	2208
3301.071 or Chapter 3319. of the Revised Code.	2209

(b) "Administrator, director, or other chief administrative	2210
officer" means the superintendent of the school district if the	2211
out-of-home care entity subject to a report made pursuant to this	2212
section is a school operated by the district.	2213

(2) No later than the end of the day following the day on	2214
which a public children services agency receives a report of	2215
alleged child abuse or child neglect, or a report of an alleged	2216
threat of child abuse or child neglect, that allegedly occurred in	2217
or involved an out-of-home care entity, the agency shall provide	2218
written notice of the allegations contained in and the person	2219
named as the alleged perpetrator in the report to the	2220
administrator, director, or other chief administrative officer of	2221
the out-of-home care entity that is the subject of the report	2222
unless the administrator, director, or other chief administrative	2223
officer is named as an alleged perpetrator in the report. If the	2224
administrator, director, or other chief administrative officer of	2225
an out-of-home care entity is named as an alleged perpetrator in a	2226
report of alleged child abuse or child neglect, or a report of an	2227
alleged threat of child abuse or child neglect, that allegedly	2228
occurred in or involved the out-of-home care entity, the agency	2229
shall provide the written notice to the owner or governing board	2230
of the out-of-home care entity that is the subject of the report.	2231
The agency shall not provide witness statements or police or other	2232
investigative reports.	2233

(3) No later than three days after the day on which a public	2234
children services agency that conducted the investigation as	2235
determined pursuant to section 2151.422 of the Revised Code makes	2236
a disposition of an investigation involving a report of alleged	2237
child abuse or child neglect, or a report of an alleged threat of	2238
child abuse or child neglect, that allegedly occurred in or	2239
involved an out-of-home care entity, the agency shall send written	2240
notice of the disposition of the investigation to the	2241
administrator, director, or other chief administrative officer and	2242
the owner or governing board of the out-of-home care entity. The	2243
agency shall not provide witness statements or police or other	2244
investigative reports.	2245

Sec. 2151.423.  A public children services agency shall	2246
disclose confidential information discovered during an	2247
investigation conducted pursuant to section 2151.421 or 2151.422	2248
of the Revised Code to any federal, state, or local government	2249
entity that needs the information to carry out its	2250
responsibilities to protect children from abuse or neglect.	2251

Information disclosed pursuant to this section is	2252
confidential and is not subject to disclosure pursuant to section	2253
149.43 or 1347.08 of the Revised Code by the agency to whom the	2254
information was disclosed. The agency receiving the information	2255
shall maintain the confidentiality of information disclosed	2256
pursuant to this section.	2257

Sec. 3107.014.  (A) Except as provided in division (B) of	2258
this section, only an individual who meets all of the following	2259
requirements may perform the duties of an assessor under sections	2260
3107.031, 3107.082, 3107.09, 3107.12, 5103.0324, and 5103.152 of	2261
the Revised Code:	2262

(1) The individual must be in the employ of, appointed by, or	2263
under contract with a court, public children services agency,	2264
private child placing agency, or private noncustodial agency;	2265

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

2266

(a) A professional counselor or, social worker, or marriage	2267
and family therapist licensed under Chapter 4757. of the Revised	2268
Code;	2269

(b) A psychologist licensed under Chapter 4732. of the	2270
Revised Code;	2271

(c) A student working to earn a four-year, post-secondary	2272
degree in a social or behavior science, or both, who conducts	2273
assessor's duties under the supervision of a professional	2274
counselor or, social worker, or marriage and family therapist	2275
licensed under Chapter 4757. of the Revised Code or a psychologist	2276
licensed under Chapter 4732. of the Revised Code;. Beginning July	2277
1, 2009, a student is eligible under this division only if the	2278
supervising professional counselor, social worker, marriage and	2279
family therapist, or psychologist has completed training in	2280
accordance with rules adopted under section 3107.015 of the	2281
Revised Code.	2282

(d) A civil service employee engaging in social work without	2283
a license under Chapter 4757. of the Revised Code, as permitted by	2284
division (A)(5) of section 4757.41 of the Revised Code;	2285

(e) A former employee of a public children services agency	2286
who, while so employed, conducted the duties of an assessor.	2287

(3) The individual must complete education programstraining	2288
in accordance with rules adopted under section 3107.015 of the	2289
Revised Code.	2290

(B) An individual in the employ of, appointed by, or under	2291
contract with a court prior to September 18, 1996, to conduct	2292
adoption investigations of prospective adoptive parents may	2293
perform the duties of an assessor under sections 3107.031,	2294
3107.082, 3107.09, 3107.12, 5103.0324, and 5103.152 of the Revised	2295
Code if the individual complies with division (A)(3) of this	2296
section regardless of whether the individual meets the requirement	2297
of division (A)(2) of this section.	2298

(C) A court, public children services agency, private child	2299
placing agency, or private noncustodial agency may employ,	2300
appoint, or contract with an assessor in the county in which a	2301
petition for adoption is filed and in any other county or location	2302
outside this state where information needed to complete or	2303
supplement the assessor's duties may be obtained. More than one	2304
assessor may be utilized for an adoption.	2305

Sec. 3107.015. Not later than ninety days after June 20,	2306
1996, theThe director of job and family services shall adopt	2307
rules in accordance with Chapter 119. of the Revised Code	2308
governing the education programstraining an individual must	2309
complete for the purpose of division (A)(3) of section 3107.014 of	2310
the Revised Code. The education programstraining shall include	2311
courses on adoption placement practice, federal and state adoption	2312
assistance programs, and post adoption support services.	2313

Sec. 3107.016.  The department of job and family services	2314
shall develop a schedule of education programstraining that meet	2315
meets the requirements established in rules adopted pursuant to	2316
section 3107.015 of the Revised Code. The schedule shall include	2317
enough programstraining to provide all agencies equal access to	2318
the programstraining. The department shall distribute the	2319
schedule to all agencies.	2320

Sec. 3107.031.  Except as otherwise provided in this section,	2321
an assessor shall conduct a home study for the purpose of	2322
ascertaining whether a person seeking to adopt a minor is suitable	2323
to adopt. The person seeking to adopt a minor shall complete	2324
training specified in rules adopted under section 3107.032 of the	2325
Revised Code as part of the home study. A written report of the	2326
home study shall be filed with the court at least ten days before	2327
the petition for adoption is heard.	2328

The report shall contain the opinion of the assessor as to	2329
whether the person who is the subject of the report is suitable to	2330
adopt a minor and. The report shall also contain other information	2331
and documents specified in rules adopted by the director of job	2332
and family services under section 3107.032 of the Revised Code,	2333
including documents showing that the person who is the subject of	2334
the report has completed training specified in the rules. The	2335
assessor shall not consider the person's age when determining	2336
whether the person is suitable to adopt if the person is old	2337
enough to adopt as provided by section 3107.03 of the Revised	2338
Code.	2339

An assessor may request departments or agencies within or	2340
outside this state to assist in the home study as may be	2341
appropriate and to make a written report to be included with and	2342
attached to the report to the court. The assessor shall make	2343
similar home studies and reports on behalf of other assessors	2344
designated by the courts of this state or another place.	2345

Upon order of the court, the costs of the home study and	2346
other proceedings shall be paid by the person seeking to adopt,	2347
and, if the home study is conducted by a public agency or public	2348
employee, the part of the cost representing any services and	2349
expenses shall be taxed as costs and paid into the state treasury	2350
or county treasury, as the court may direct.	2351

On request, the assessor shall provide the person seeking to	2352
adopt a copy of the report of the home study. The assessor shall	2353
delete from that copy any provisions concerning the opinion of	2354
other persons, excluding the assessor, of the person's suitability	2355
to adopt a minor.	2356

This section does not apply to a foster caregiver seeking to	2357
adopt the foster caregiver's foster child if the foster child has	2358
resided in the foster caregiver's home for at least twelve months	2359
prior to the date the foster caregiver submits an application	2360
prescribed under division (B) of section 3107.012 of the Revised	2361
Code to the agency arranging the adoption.	2362

Sec. 3107.032. Not later than ninety days after June 20,	2363
1996, theThe director of job and family services shall adopt	2364
rules in accordance with Chapter 119. of the Revised Code	2365
specifying theall of the following:	2366

(A) The manner in which a home study is to be conducted and	2367
the;	2368

(B) Training that a person seeking to adopt a minor must	2369
complete as part of the home study;	2370

(C) The information and documents to be included in a home	2371
study report, including documents showing completion of the	2372
training specified in division (B) of this section.	2373

Sec. 3107.17.  (A) All hearings held under sections 3107.01	2374
to 3107.19 of the Revised Code shall be held in closed court	2375
without the admittance of any person other than essential officers	2376
of the court, the parties, the witnesses of the parties, counsel,	2377
persons who have not previously consented to an adoption but who	2378
are required to consent, and representatives of the agencies	2379
present to perform their official duties.	2380

(B)(1) Except as provided in divisions (B)(2) and (D) of this	2381
section and sections 3107.39 to 3107.44 and 3107.60 to 3107.68 of	2382
the Revised Code, no person or governmental entity shall knowingly	2383
reveal any information contained in a paper, book, or record	2384
pertaining to a permanent placement under section 5103.16 of the	2385
Revised Code or to an adoption that is part of the permanent	2386
record of a court or maintained by the department of job and	2387
family services, an agency, or attorney without the consent of a	2388
court.	2389

(2) An agency or attorney may examine the agency's or	2390
attorney's own papers, books, and records pertaining to a	2391
permanent placement or adoption without a court's consent for	2392
official administrative purposes. The department of job and family	2393
services may examine its own papers, books, and records pertaining	2394
to a permanent placement or adoption, or such papers, books, and	2395
records of an agency, without a court's consent for official	2396
administrative, certification, and eligibility determination	2397
purposes.	2398

(C) The petition, the interlocutory order, the final decree	2399
of adoption, and other adoption proceedings shall be recorded in a	2400
book kept for such purposes and shall be separately indexed. The	2401
book shall be a part of the records of the court, and all	2402
consents, affidavits, and other papers shall be properly filed.	2403

(D) All forms that pertain to the social or medical histories	2404
of the biological parents of an adopted person and that were	2405
completed pursuant to section 3107.09 or 3107.091 of the Revised	2406
Code shall be filed only in the permanent record kept by the	2407
court. During the minority of the adopted person, only the	2408
adoptive parents of the person may inspect the forms. When an	2409
adopted person reaches majority, only the adopted person may	2410
inspect the forms. Under the circumstances described in this	2411
division, an adopted person or the adoptive parents are entitled	2412
to inspect the forms upon requesting the clerk of the court to	2413
produce them.	2414

(E)(1) The department of job and family services shall	2415
prescribe a form that permits any person who is authorized by	2416
division (D) of this section to inspect forms that pertain to the	2417
social or medical histories of the biological parents and that	2418
were completed pursuant to section 3107.09 or 3107.091 of the	2419
Revised Code to request notice if any correction or expansion of	2420
either such history, made pursuant to division (D) of section	2421
3107.09 of the Revised Code, is made a part of the permanent	2422
record kept by the court. The form shall be designed to facilitate	2423
the provision of the information and statements described in	2424
division (E)(3) of this section. The department shall provide	2425
copies of the form to each court. A court shall provide a copy of	2426
the request form to each adoptive parent when a final decree of	2427
adoption is entered and shall explain to each adoptive parent at	2428
that time that an adoptive parent who completes and files the form	2429
will be notified of any correction or expansion of either the	2430
social or medical history of the biological parents of the adopted	2431
person made during the minority of the adopted person that is made	2432
a part of the permanent record kept by the court, and that, during	2433
the adopted person's minority, the adopted person may inspect the	2434
forms that pertain to those histories. Upon request, the court	2435
also shall provide a copy of the request form to any adoptive	2436
parent during the minority of the adopted person and to an adopted	2437
person who has reached the age of majority.	2438

(2) Any person who is authorized to inspect forms pursuant to	2439
division (D) of this section who wishes to be notified of	2440
corrections or expansions pursuant to division (D) of section	2441
3107.09 of the Revised Code that are made a part of the permanent	2442
record kept by the court shall file with the court, on a copy of	2443
the form prescribed by the department of job and family services	2444
pursuant to division (E)(1) of this section, a request for such	2445
notification that contains the information and statements required	2446
by division (E)(3) of this section. A request may be filed at any	2447
time if the person who files the request is authorized at that	2448
time to inspect forms that pertain to the social or medical	2449
histories.	2450

(3) A request for notification as described in division	2451
(E)(2) of this section shall contain all of the following	2452
information:	2453

(a) The adopted person's name and mailing address at that	2454
time;	2455

(b) The name of each adoptive parent, and if the adoptive	2456
person is a minor at the time of the filing of the request, the	2457
mailing address of each adoptive parent at that time;	2458

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

2459

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

2460

(e) A statement requesting the court to notify the person who	2461
files the request, at the address provided in the request, if any	2462
correction or expansion of either the social or medical history of	2463
the biological parents is made a part of the permanent record kept	2464
by the court;	2465

(f) A statement that the person who files the request is	2466
authorized, at the time of the filing, to inspect the forms that	2467
pertain to the social and medical histories of the biological	2468
parents;	2469

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

2470

(4) Upon the filing of a request for notification in	2471
accordance with division (E)(2) of this section, the clerk of the	2472
court in which it is filed immediately shall insert the request in	2473
the permanent record of the case. A person who has filed the	2474
request and who wishes to update it with respect to a new mailing	2475
address may inform the court in writing of the new address. Upon	2476
its receipt, the court promptly shall insert the new address into	2477
the permanent record by attaching it to the request. Thereafter,	2478
any notification described in this division shall be sent to the	2479
new address.	2480

(5) Whenever a social or medical history of a biological	2481
parent is corrected or expanded and the correction or expansion is	2482
made a part of the permanent record kept by the court, the court	2483
shall ascertain whether a request for notification has been filed	2484
in accordance with division (E)(2) of this section. If such a	2485
request has been filed, the court shall determine whether, at that	2486
time, the person who filed the request is authorized, under	2487
division (D) of this section, to inspect the forms that pertain to	2488
the social or medical history of the biological parents. If the	2489
court determines that the person who filed the request is so	2490
authorized, it immediately shall notify the person that the social	2491
or medical history has been corrected or expanded, that it has	2492
been made a part of the permanent record kept by the court, and	2493
that the forms that pertain to the records may be inspected in	2494
accordance with division (D) of this section.	2495

Sec. 3109.16.  The children's trust fund board, upon the	2496
recommendation of the director of job and family services, shall	2497
approve the employment of an executive director who will	2498
administer the programs of the board. The department of job and	2499
family services shall provide budgetary, procurement, accounting,	2500
and other related management functions for the board and may adopt	2501
rules in accordance with Chapter 119. of the Revised Code for	2502
these purposes. An amount not to exceed three per cent of the	2503
total amount of fees deposited in the children's trust fund in	2504
each fiscal year may be used for costs directly related to these	2505
administrative functions of the department. Each fiscal year, the	2506
board shall approve a budget for administrative expenditures for	2507
the next fiscal year.	2508

The board shall meet at least quarterly at the call of the	2509
chairperson to conduct its official business. All business	2510
transactions of the board shall be conducted in public meetings.	2511
Eight members of the board constitute a quorum. A majority of the	2512
board members is required to adopt the state plan for the	2513
allocation of funds from the children's trust fund. A majority of	2514
the quorum is required to make all other decisions of the board.	2515

The board may apply for and accept federal and other funds	2516
for the purpose of funding child abuse and child neglect	2517
prevention programs. In addition, the board may accept gifts and	2518
donations from any source, including individuals, philanthropic	2519
foundations or organizations, corporations, or corporation	2520
endowments. The acceptance and use of federal funds shall not	2521
entail any commitment or pledge of state funds, nor obligate the	2522
general assembly to continue the programs or activities for which	2523
the federal funds are made available. All funds received in the	2524
manner described in this section shall be transmitted to the	2525
treasurer of state, who shall credit them to the children's trust	2526
fund created in section 3109.14 of the Revised Code.	2527

Sec. 3109.17.  (A) For each fiscal biennium, the children's	2528
trust fund board shall establish a biennial state plan for	2529
comprehensive child abuse and child neglect prevention. The plan	2530
shall be transmitted to the governor, the president and minority	2531
leader of the senate, and the speaker and minority leader of the	2532
house of representatives and shall be made available to the	2533
general public. The board may define in the state plan the term	2534
"effective public notice." If the board does not define that term	2535
in the state plan, the board shall include in the state plan the	2536
definition of "effective public notice" specified in rules adopted	2537
by the department of job and family services.	2538

(B) In developing and carrying out the state plan, the	2539
children's trust fund board shall, in accordance with rules	2540
adopted by the department pursuant to Chapter 119. of the Revised	2541
Code, do all of the following:	2542

(1) Ensure that an opportunity exists for assistance through	2543
child abuse and child neglect prevention programs to persons	2544
throughout the state of various social and economic backgrounds;	2545

(2) Before the thirtieth day of October of each year, notify	2546
each child abuse and child neglect prevention advisory board of	2547
the amount estimated to be allocated to that advisory board for	2548
the following fiscal year;	2549

(3) Develop criteria for county or district local allocation	2550
plans, including criteria for determining the plans'	2551
effectiveness;	2552

(4) Review, and approve or disapprove, county or district	2553
local allocation plans, as described in section 3109.171 of the	2554
Revised Code;	2555

(5) Allocate funds to each child abuse and child neglect	2556
prevention advisory board for the purpose of funding child abuse	2557
and child neglect prevention programs. Funds shall be allocated	2558
among advisory boards according to a formula based on the ratio of	2559
the number of children under age eighteen in the county or	2560
multicounty district to the number of children under age eighteen	2561
in the state, as shown in the most recent federal decennial census	2562
of population. Subject to the availability of funds and except as	2563
provided in section 3109.171 of the Revised Code, each advisory	2564
board shall receive a minimum of ten thousand dollars per fiscal	2565
year. In the case of an advisory board that serves a multicounty	2566
district, the advisory board shall receive, subject to available	2567
funds and except as provided in section 3109.171 of the Revised	2568
Code, a minimum of ten thousand dollars per fiscal year for each	2569
county in the district. Funds shall be disbursed to the advisory	2570
boards twice annually. At least fifty per cent of the funds	2571
allocated to an advisory board for a fiscal year shall be	2572
disbursed to the advisory board not later than the thirtieth day	2573
of September. The remainder of the funds allocated to the	2574
advisory board for that fiscal year shall be disbursed before the	2575
thirty-first day of March.	2576

The board shall specify the criteria child abuse and child	2577
neglect prevention advisory boards are to use in reviewing	2578
applications under division (F)(3) of section 3109.18 of the	2579
Revised Code.	2580

(6) Allocate funds to entities other than child abuse and	2581
child neglect prevention advisory boards for the purpose of	2582
funding child abuse and child neglect prevention programs that	2583
have statewide significance and that have been approved by the	2584
children's trust fund board;	2585

(7) Provide for the monitoring of expenditures from the	2586
children's trust fund and of programs that receive money from the	2587
children's trust fund;	2588

(8) Establish reporting requirements for advisory boards;

2589

(9) Collaborate with appropriate persons and government	2590
entities and facilitate the exchange of information among those	2591
persons and entities for the purpose of child abuse and child	2592
neglect prevention;	2593

(10) Provide for the education of the public and	2594
professionals for the purpose of child abuse and child neglect	2595
prevention;	2596

(11) Create and provide to each advisory board a children's	2597
trust fund grant application form;	2598

(12) Specify the information to be included in a semi-annual	2599
semiannual and an annual report completed by a children's advocacy	2600
center for which a child abuse and child neglect prevention	2601
advisory board uses funds allocated to the advisory board under	2602
section 3109.172 of the Revised Code, and each other person or	2603
entity that is a recipient of a children's trust fund grant under	2604
division (K)(1) of section 3109.18 of the Revised Code.	2605

(C) The children's trust fund board shall prepare a report	2606
for each fiscal biennium that delineates the expenditure of money	2607
from the children's trust fund. On or before January 1, 2002, and	2608
on or before the first day of January of a year that follows the	2609
end of a fiscal biennium of this state, the board shall file a	2610
copy of the report with the governor, the president and minority	2611
leader of the senate, and the speaker and minority leader of the	2612
house of representatives.	2613

(D) The children's trust fund board shall develop a list of	2614
all state and federal sources of funding that might be available	2615
for establishing, operating, or establishing and operating a	2616
children's advocacy center under sections 2151.425 to 2151.428 of	2617
the Revised Code. The board periodically shall update the list as	2618
necessary. The board shall maintain, or provide for the	2619
maintenance of, the list at an appropriate location. That location	2620
may be the offices of the department of job and family services.	2621
The board shall provide the list upon request to any children's	2622
advocacy center or to any person or entity identified in section	2623
2151.426 of the Revised Code as a person or entity that may	2624
participate in the establishment of a children's advocacy center.	2625

Sec. 5101.13. (A) The department of job and family services	2626
shall establish and maintain a uniform statewide automated child	2627
welfare information system in accordance with the requirements of	2628
42 U.S.C.A. 674(a)(3)(C) and related federal regulations and	2629
guidelines. The information system shall contain records regarding	2630
any of the following:	2631

(1) Investigations of children and families, and children's	2632
care in out-of-home care, in accordance with sections 2151.421 and	2633
5153.16 of the Revised Code;	2634

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

2635

(3) Any other information related to children and families	2636
that state or federal law, regulation, or rule requires the	2637
department or a public children services agency to maintain.	2638

(B) The department shall plan implementation of the	2639
information system on a county by county basis and shall finalize	2640
statewide implementation not later than January 1, 2008.	2641

(C) The department shall promptly notify all public children	2642
services agencies of the initiation and completion of statewide	2643
implementation of the statewide information system established	2644
under division (A) of this section.	2645

(D) "Out-of-home care" has the same meaning as in section	2646
2151.011 of the Revised Code.	2647

Sec. 5101.131.  Except as provided in section 5101.132 of the	2648
Revised Code, information contained in or obtained from the	2649
information system established and maintained under section	2650
5101.13 of the Revised Code is confidential and is not subject to	2651
disclosure pursuant to section 149.43 or 1347.08 of the Revised	2652
Code.	2653

Sec. 5101.132.  Information contained in the information	2654
system established and maintained under section 5101.13 of the	2655
Revised Code may be accessed only as follows:	2656

(A) The department of job and family services and a public	2657
children services agency may access the information when either of	2658
the following is the case:	2659

(1) The access is directly connected with assessment,	2660
investigation, or services regarding a child or family;	2661

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

2662

(B) A person may access the information in a manner, to the	2663
extent, and for the purposes authorized by rules adopted by the	2664
department.	2665

Sec. 5101.133.  No person shall access or use information	2666
contained in the information system established and maintained	2667
under section 5101.13 of the Revised Code other than in accordance	2668
with section 5101.132 of the Revised Code or rules authorized by	2669
that section.	2670

No person shall disclose information obtained from the	2671
information system established and maintained under section	2672
5101.13 of the Revised Code in a manner not specified by rules	2673
authorized by section 5101.134 of the Revised Code.	2674

Sec. 5101.134. (A)(1) The department of job and family	2675
services may adopt rules in accordance with section 111.15 of the	2676
Revised Code, as if they were internal management rules, as	2677
necessary to carry out the purposes of sections 5101.13 to	2678
5101.133 of the Revised Code.	2679

(2) The department may adopt rules in accordance with Chapter	2680
119. of the Revised Code as necessary to carry out the purposes of	2681
division (B) of section 5101.132 of the Revised Code.	2682

(B) Public children services agencies shall implement and use	2683
the information system established pursuant to section 5101.13 of	2684
the Revised Code in accordance with rules adopted by the	2685
department.	2686

Sec. 5101.141.  (A) As used in sections 5101.141 to 5101.1410	2687
of the Revised Code, "Title IV-E" means Title IV-E of the "Social	2688
Security Act," 94 Stat. 501, 42 U.S.C. 670 (1980), as amended.	2689

(B) The department of job and family services shall act as	2690
the single state agency to administer federal payments for foster	2691
care and adoption assistance made pursuant to Title IV-E. The	2692
director of job and family services shall adopt rules to implement	2693
this authority. Rules governing financial and administrative	2694
requirements applicable to public children services agencies and	2695
government entities that provide Title IV-E reimbursable placement	2696
services to children shall be adopted in accordance with section	2697
111.15 of the Revised Code, as if they were internal management	2698
rules. Rules governing requirements applicable to private child	2699
placing agencies and private noncustodial agencies and rules	2700
establishing eligibility, program participation, and other	2701
requirements concerning Title IV-E shall be adopted in accordance	2702
with Chapter 119. of the Revised Code. A public children services	2703
agency to which the department distributes Title IV-E funds shall	2704
administer the funds in accordance with those rules.	2705

(C)(1) The county, on behalf of each child eligible for	2706
foster care maintenance payments under Title IV-E, shall make	2707
payments to cover the cost of providing all of the following:	2708

(a) The child's food, clothing, shelter, daily supervision,	2709
and school supplies;	2710

(b) The child's personal incidentals;

2711

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

2712

(2) In addition to payments made under division (C)(1) of	2713
this section, the county may, on behalf of each child eligible for	2714
foster care maintenance payments under Title IV-E, make payments	2715
to cover the cost of providing the following:	2716

(a) Liability insurance with respect to the child;

2717

(b) If the county is participating in the demonstration	2718
project established under division (A) of section 5101.142 of the	2719
Revised Code, services provided under the project.	2720

(3) With respect to a child who is in a child-care	2721
institution, including any type of group home designed for the	2722
care of children or any privately operated program consisting of	2723
two or more certified foster homes operated by a common	2724
administrative unit, the foster care maintenance payments made by	2725
the county on behalf of the child shall include the reasonable	2726
cost of the administration and operation of the institution, group	2727
home, or program, as necessary to provide the items described in	2728
divisions (C)(1) and (2) of this section.	2729

(D) To the extent that either foster care maintenance	2730
payments under division (C) of this section or Title IV-E adoption	2731
assistance payments for maintenance costs require the expenditure	2732
of county funds, the board of county commissioners shall report	2733
the nature and amount of each expenditure of county funds to the	2734
department.	2735

(E) The department shall distribute to public children	2736
services agencies that incur and report such expenditures federal	2737
financial participation received for administrative and training	2738
costs incurred in the operation of foster care maintenance and	2739
adoption assistance programs. The department may withhold not more	2740
than three per cent of the federal financial participation	2741
received. The funds withheld may be used only to fund the Ohio	2742
child welfare training program established under section 5153.60	2743
5103.30 of the Revised Code and the university partnership program	2744
for college and university students majoring in social work who	2745
have committed to work for a public children services agency upon	2746
graduation. The funds withheld shall be in addition to any	2747
administration and training cost for which the department is	2748
reimbursed through its own cost allocation plan.	2749

(F) All federal financial participation funds received by a	2750
county pursuant to this section shall be deposited into the	2751
county's children services fund created pursuant to section	2752
5101.144 of the Revised Code.	2753

(G) The department shall periodically publish and distribute	2754
the maximum amounts that the department will reimburse public	2755
children services agencies for making payments on behalf of	2756
children eligible for foster care maintenance payments.	2757

(H) The department, by and through its director, is hereby	2758
authorized to develop, participate in the development of,	2759
negotiate, and enter into one or more interstate compacts on	2760
behalf of this state with agencies of any other states, for the	2761
provision of medical assistance and other social services to	2762
children in relation to whom all of the following apply:	2763

(1) They have special needs.

2764

(2) This state or another state that is a party to the	2765
interstate compact is providing adoption assistance on their	2766
behalf.	2767

(3) They move into this state from another state or move out	2768
of this state to another state.	2769

Sec. 5101.29.  When contained in a record held by the	2770
department of job and family services or a county agency, the	2771
following are not public records for purposes of section 149.43 of	2772
the Revised Code:	2773

(A) Names and other identifying information regarding	2774
children enrolled in or attending a child day-care center or home	2775
subject to licensure, certification, or registration under Chapter	2776
5104. of the Revised Code;	2777

(B) Names and other identifying information regarding	2778
children placed with an institution or association certified under	2779
section 5103.03 of the Revised Code;	2780

(C) Names and other identifying information regarding a	2781
person who makes an oral or written complaint regarding aan	2782
institution, association, child day-care center, or home subject	2783
to licensure, certification, or registration to the department or	2784
other state or county entity responsible for enforcing Chapter	2785
5103. or 5104. of the Revised Code.	2786

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

2787

(1) "Agency" means the following entities that administer a	2788
family services program:	2789

(a) The department of job and family services;

2790

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

2791

(c) A public children services agency;

2792

(d) A private or government entity administering, in whole or	2793
in part, a family services program for or on behalf of the	2794
department of job and family services or a county department of	2795
job and family services or public children services agency.	2796

(2) "Appellant" means an applicant, participant, former	2797
participant, recipient, or former recipient of a family services	2798
program who is entitled by federal or state law to a hearing	2799
regarding a decision or order of the agency that administers the	2800
program.	2801

(3) "Family services program" means assistance provided under	2802
a Title IV-A program as defined in section 5101.80 of the Revised	2803
Code or under Chapter 5104., 5111., or 5115. or section 173.35,	2804
5101.141, 5101.46, 5101.461, 5101.54, 5153.163, or 5153.165 of the	2805
Revised Code, other than assistance provided under section 5101.46	2806
of the Revised Code by the department of mental health, the	2807
department of mental retardation and developmental disabilities, a	2808
board of alcohol, drug addiction, and mental health services, or a	2809
county board of mental retardation and developmental disabilities.	2810

(B) Except as provided by divisions (G) and (H) of this	2811
section, an appellant who appeals under federal or state law a	2812
decision or order of an agency administering a family services	2813
program shall, at the appellant's request, be granted a state	2814
hearing by the department of job and family services. This state	2815
hearing shall be conducted in accordance with rules adopted under	2816
this section. The state hearing shall be tape-recordedrecorded,	2817
but neither the recording nor a transcript of the recording shall	2818
be part of the official record of the proceeding. A state hearing	2819
decision is binding upon the agency and department, unless it is	2820
reversed or modified on appeal to the director of job and family	2821
services or a court of common pleas.	2822

(C) Except as provided by division (G) of this section, an	2823
appellant who disagrees with a state hearing decision may make an	2824
administrative appeal to the director of job and family services	2825
in accordance with rules adopted under this section. This	2826
administrative appeal does not require a hearing, but the director	2827
or the director's designee shall review the state hearing decision	2828
and previous administrative action and may affirm, modify, remand,	2829
or reverse the state hearing decision. Any person designated to	2830
make an administrative appeal decision on behalf of the director	2831
shall have been admitted to the practice of law in this state. An	2832
administrative appeal decision is the final decision of the	2833
department and is binding upon the department and agency, unless	2834
it is reversed or modified on appeal to the court of common pleas.	2835

(D) An agency shall comply with a decision issued pursuant to	2836
division (B) or (C) of this section within the time limits	2837
established by rules adopted under this section. If a county	2838
department of job and family services or a public children	2839
services agency fails to comply within these time limits, the	2840
department may take action pursuant to section 5101.24 of the	2841
Revised Code. If another agency fails to comply within the time	2842
limits, the department may force compliance by withholding funds	2843
due the agency or imposing another sanction established by rules	2844
adopted under this section.	2845

(E) An appellant who disagrees with an administrative appeal	2846
decision of the director of job and family services or the	2847
director's designee issued under division (C) of this section may	2848
appeal from the decision to the court of common pleas pursuant to	2849
section 119.12 of the Revised Code. The appeal shall be governed	2850
by section 119.12 of the Revised Code except that:	2851

(1) The person may appeal to the court of common pleas of the	2852
county in which the person resides, or to the court of common	2853
pleas of Franklin county if the person does not reside in this	2854
state.	2855

(2) The person may apply to the court for designation as an	2856
indigent and, if the court grants this application, the appellant	2857
shall not be required to furnish the costs of the appeal.	2858

(3) The appellant shall mail the notice of appeal to the	2859
department of job and family services and file notice of appeal	2860
with the court within thirty days after the department mails the	2861
administrative appeal decision to the appellant. For good cause	2862
shown, the court may extend the time for mailing and filing notice	2863
of appeal, but such time shall not exceed six months from the date	2864
the department mails the administrative appeal decision. Filing	2865
notice of appeal with the court shall be the only act necessary to	2866
vest jurisdiction in the court.	2867

(4) The department shall be required to file a transcript of	2868
the testimony of the state hearing with the court only if the	2869
court orders the department to file the transcript. The court	2870
shall make such an order only if it finds that the department and	2871
the appellant are unable to stipulate to the facts of the case and	2872
that the transcript is essential to a determination of the appeal.	2873
The department shall file the transcript not later than thirty	2874
days after the day such an order is issued.	2875

(F) The department of job and family services shall adopt	2876
rules in accordance with Chapter 119. of the Revised Code to	2877
implement this section, including rules governing the following:	2878

(1) State hearings under division (B) of this section. The	2879
rules shall include provisions regarding notice of eligibility	2880
termination and the opportunity of an appellant appealing a	2881
decision or order of a county department of job and family	2882
services to request a county conference with the county department	2883
before the state hearing is held.	2884

(2) Administrative appeals under division (C) of this	2885
section;	2886

(3) Time limits for complying with a decision issued under	2887
division (B) or (C) of this section;	2888

(4) Sanctions that may be applied against an agency under	2889
division (D) of this section.	2890

(G) The department of job and family services may adopt rules	2891
in accordance with Chapter 119. of the Revised Code establishing	2892
an appeals process for an appellant who appeals a decision or	2893
order regarding a Title IV-A program identified under division	2894
(A)(4)(c), (d), (e), or (f) of section 5101.80 of the Revised Code	2895
that is different from the appeals process established by this	2896
section. The different appeals process may include having a state	2897
agency that administers the Title IV-A program pursuant to an	2898
interagency agreement entered into under section 5101.801 of the	2899
Revised Code administer the appeals process.	2900

(H) If an appellant receiving medicaid through a health	2901
insuring corporation that holds a certificate of authority under	2902
Chapter 1751. of the Revised Code is appealing a denial of	2903
medicaid services based on lack of medical necessity or other	2904
clinical issues regarding coverage by the health insuring	2905
corporation, the person hearing the appeal may order an	2906
independent medical review if that person determines that a review	2907
is necessary. The review shall be performed by a health care	2908
professional with appropriate clinical expertise in treating the	2909
recipient's condition or disease. The department shall pay the	2910
costs associated with the review.	2911

A review ordered under this division shall be part of the	2912
record of the hearing and shall be given appropriate evidentiary	2913
consideration by the person hearing the appeal.	2914

(I) The requirements of Chapter 119. of the Revised Code	2915
apply to a state hearing or administrative appeal under this	2916
section only to the extent, if any, specifically provided by rules	2917
adopted under this section.	2918

Sec. 5101.72.  The department of job and family services, to	2919
the extent of available funds, may reimburse county departments of	2920
job and family services for all or part of the costs they incur in	2921
implementing sections 5101.60 to 5101.71 of the Revised Code. The	2922
director of job and family services shall adopt, and may amend or	2923
rescind,internal management rules underin accordance with	2924
section 111.15 of the Revised Code that provide for reimbursement	2925
of county departments of job and family services under this	2926
section.	2927

The director shall adopt internal management rules in	2928
accordance with section 111.15 of the Revised Code that do both of	2929
the following:	2930

(A) Implement sections 5101.60 to 5101.71 of the Revised	2931
Code;	2932

(B) Require the county departments to collect and submit to	2933
the department, or ensure that a designated agency collects and	2934
submits to the department, data concerning the implementation of	2935
sections 5101.60 to 5101.71 of the Revised Code.	2936

Sec. 5101.99.  (A) Whoever violates division (A) or (B) of	2937
section 5101.61 of the Revised Code shall be fined not more than	2938
five hundred dollars.	2939

(B) Whoever violates division (A) of section 5101.27 of the	2940
Revised Code is guilty of a misdemeanor of the first degree.	2941

(C) Whoever violates section 5101.133 of the Revised Code is	2942
guilty of a misdemeanor of the fourth degree.	2943

Sec. 5103.031.  Except as provided in section 5103.033 of the	2944
Revised Code, the department of job and family services may not	2945
issue a certificate under section 5103.03 of the Revised Code to a	2946
foster home unless the prospective foster caregiver successfully	2947
completes the following amount of preplacement training through a	2948
preplacement training program operatedapproved by the department	2949
of job and family services under section 5103.0345103.038 of the	2950
Revised Code or 5153.60preplacement training provided under	2951
division (C) of section 5103.30 of the Revised Code:	2952

(A) If the foster home is a family foster home, at least	2953
twenty-four hours;	2954

(B) If the foster home is a specialized foster home, at least	2955
thirty-six hours.	2956

Sec. 5103.033. (A) The department of job and family services	2957
may issue or renew a certificate under section 5103.03 of the	2958
Revised Code to a foster home for the care of a child who is in	2959
the custody of a public children services agency or private child	2960
placing agency pursuant to an agreement entered into under section	2961
5103.15 of the Revised Code regarding a child who was less than	2962
six months of age on the date the agreement was executed if the	2963
prospective foster caregiver or foster caregiver successfully	2964
completes the following amount of training:	2965

(1) For an initial certificate, at least twelve hours of	2966
preplacement training through a preplacement training program	2967
operatedapproved by the department of job and family services	2968
under section 5103.0345103.038 of the Revised Code or 5153.60	2969
preplacement training provided under division (C) of section	2970
5103.30 of the Revised Code;	2971

(2) For renewal of a certificate, at least twenty-four hours	2972
of continuing training in the preceding two-year period in	2973
accordance with the foster caregiver's needs assessment and	2974
continuing training plan developed and implemented under section	2975
5103.035 of the Revised Code.	2976

(B) A foster caregiver to whom either division (B)(1) or (2)	2977
of this section applies shall be given an additional amount of	2978
time within which to complete the continuing training required	2979
under division (A)(2) of this section in accordance with rules	2980
adopted by the department of job and family services:	2981

(1) The foster caregiver has served in active duty outside	2982
this state with a branch of the armed forces of the United States	2983
for more than thirty days in the preceding two-year period.	2984

(2) The foster caregiver has served in active duty as a	2985
member of the Ohio organized militia, as defined in section	2986
5923.01 of the Revised Code, for more than thirty days in the	2987
preceding two-year period and that active duty relates to either	2988
an emergency in or outside of this state or to military duty in or	2989
outside of this state.	2990

Sec. 5103.034. (A) A privatePrivate child placing agency or	2991
agencies and private noncustodial agencyagencies operating a	2992
preplacement training program or continuing training program	2993
approved by the department of job and family services under	2994
section 5103.038 of the Revised Code or the Ohio child welfare	2995
training program operating a preplacement training program or	2996
continuing training program pursuant to section 5153.60 of the	2997
Revised Code shall make the program available to a prospective	2998
foster caregiver or foster caregivers. The agency or program shall	2999
make the programs availablecaregiver without regard to the type	3000
of recommending agency from which athe prospective foster	3001
caregiver or foster caregiver seeks a recommendation.	3002

(B) A private child placing agency or private noncustodial	3003
agency operating a preplacement training program or continuing	3004
training program approved by the department of job and family	3005
services under section 5103.038 of the Revised Code may condition	3006
the enrollment of a prospective foster caregiver or foster	3007
caregiver in athe program on either or both of the following:	3008

(1) Availability of space in the training program;

3009

(2) If applicable, paymentPayment of an instruction or	3010
registration fee, if any, by the prospective foster caregiver or	3011
foster caregiver's recommending agency.	3012

(C) The Ohio child welfare training program operating a	3013
preplacement training program or continuing training program	3014
pursuant to section 5153.60 of the Revised Code may condition the	3015
enrollment in a preplacement training program or continuing	3016
training program of a foster caregiver whose recommending agency	3017
is a private child placing agency or private noncustodial agency	3018
on either or both of the following:	3019

(1) Availability of space in the training program;

3020

(2) Assignment to the program by the foster caregiver's	3021
recommending agency of the allowance payable under section	3022
5103.0313 of the Revised Code.	3023

(D) A private child placing agency or private noncustodial	3024
agency may contract with an individual or a public or private	3025
entity to administeroperating a preplacement training program or	3026
continuing training program operated by the agency and approved by	3027
the department of job and family services under section 5103.038	3028
of the Revised Code may contract with a person or governmental	3029
entity to administer the program.	3030

Sec. 5103.035.  A public children services agency, private	3031
child placing agency, or private noncustodial agency acting as a	3032
recommending agency for a foster caregiver holding a certificate	3033
issued under section 5103.03 of the Revised Code shall develop and	3034
implement a written needs assessment and continuing training plan	3035
for the foster caregiver. Each needs assessment and continuing	3036
training plan shall satisfy all of the following requirements:	3037

(A) Be effective for the two-year period the foster	3038
caregiver's certificate is in effect;	3039

(B) Be appropriate for the type of foster home the foster	3040
caregiver operates;	3041

(C) Require the foster caregiver to successfully complete the	3042
training required by the department in rules adopted pursuant to	3043
section 5103.0316 of the Revised Code and any other courses the	3044
agency considers appropriate;	3045

(D) Include criteria the agency is to use to determine	3046
whether the foster caregiver has successfully completed the	3047
courses;	3048

(E) Guarantee that the courses the foster caregiver is	3049
required to complete are available to the foster caregiver at	3050
reasonable times and places;	3051

(F) Specify whetherthe number of hours of continuing	3052
training, if any, the agency will waive any of the hours of	3053
continuing training the foster caregiver is required bypursuant	3054
to division (B) of section 5103.032 of the Revised Code to	3055
complete if the foster caregiver satisfies the conditions for the	3056
agency to issue a waiver. If the agency will issue a waiver, the	3057
agency shall state in the needs assessment and continuing training	3058
plan the number of hours of continuing training, not to exceed	3059
eight, that the agency will waive.	3060

Sec. 5103.036. (A) For the purpose of determining whether a	3061
prospective foster caregiver or foster caregiver has satisfied the	3062
requirement of section 5103.031 or 5103.032 of the Revised Code, a	3063
recommending agency shall accept training obtained from aeither	3064
of the following:	3065

(1) Any preplacement training program or continuing training	3066
program operatedapproved by the department of job and family	3067
services under section 5103.034 or 5153.605103.038 of the Revised	3068
Code;	3069

(2) The Ohio child welfare training program pursuant to	3070
divisions (C) and (D) of section 5103.30 of the Revised Code	3071
regardless of whether the program is operated by the recommending	3072
agency. The	3073

(B) A recommending agency may require that thea prospective	3074
foster caregiver or foster caregiver successfully complete	3075
additional training as a condition of the agency recommending that	3076
the department of job and family services certify or recertify the	3077
prospective foster caregiver or foster caregiver's foster home	3078
under section 5103.03 of the Revised Code.	3079

Sec. 5103.038.  (A) Every other year by a date specified in	3080
rules adopted under section 5103.0316 of the Revised Code, each	3081
private child placing agency and private noncustodial agency that	3082
seeks to operate a preplacement training program or continuing	3083
training program under section 5103.034 of the Revised Code shall	3084
submit to the department of job and family services a proposal	3085
outlining the program. The proposal may be the same as, a	3086
modification of, or different from, a model design developed under	3087
section 5103.037 of the Revised Codeby the department.	3088

(B) Not later than thirty days after receiving a proposal	3089
under division (A) of this section, the department shall either	3090
approve or disapprove the proposed program. The department shall	3091
approve a proposed preplacement training program if it complies	3092
with section 5103.039 or 5103.0311 of the Revised Code, as	3093
appropriate, and, in the case of a proposal submitted by an agency	3094
operating a preplacement training program at the time the proposal	3095
is submitted, the department is satisfied with the agency's	3096
operation of the program. The department shall approve a proposed	3097
continuing training program if it complies with rules adopted	3098
pursuant to division (C) of section 5103.0316 of the Revised Code	3099
and, in the case of a proposal submitted by an agency operating a	3100
continuing training program at the time the proposal is submitted,	3101
the department is satisfied with the agency's operation of the	3102
program. If the department disapproves a proposal, it shall	3103
provide the reason for disapproval to the agency that submitted	3104
the proposal and advise the agency of how to revise the proposal	3105
so that the department can approve it.	3106

(C) The department's approval under division (B) of this	3107
section of a proposed preplacement training program or continuing	3108
training program is valid only for two years following the year	3109
the proposal for the program is submitted to the department under	3110
division (A) of this section.	3111

Sec. 5103.039.  Except for preplacement training programs	3112
described in section 5103.0311 of the Revised Code, a preplacement	3113
training program shall consist of courses in the role of foster	3114
caregivers as a part of the care and treatment of foster children.	3115
A prospective foster caregiver shall complete all of the courses,	3116
which shall address all of the following:	3117

(A) The legal rights and responsibilities of foster	3118
caregivers;	3119

(B) Public children services agencies, private child placing	3120
agencies, and private noncustodial agencies' policies and	3121
procedures regarding foster caregivers;	3122

(C) The department of job and family services' requirements	3123
for certifying foster homes;	3124

(D) The effects placement, separation, and attachment issues	3125
have on children, their families, and foster caregivers;	3126

(E) Foster caregivers' involvement in permanency planning for	3127
children and their families;	3128

(F) The effects of physical abuse, sexual abuse, emotional	3129
abuse, neglect, and substance abuse on normal human growth and	3130
development;	3131

(G) Behavior management techniques;

3132

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

3133

(I) Cultural issues in placement;

3134

(J) Prevention, recognition, and management of communicable	3135
diseases;	3136

(K) Community health and social services available to	3137
children and their families;	3138

(L) The substance of section 2152.72 of the Revised Code. A	3139
course addressing section 2152.72 of the Revised Code shall be not	3140
less than one hour long.	3141

(M) In the case of a preplacement training program for a	3142
prospective foster caregiver seeking certification for a	3143
specialized foster home, additional issues specific to the types	3144
of children placed in specialized foster homes, including	3145
cardiopulmonary resuscitation and first aid, appropriate	3146
behavioral intervention techniques, such as de-escalation,	3147
self-defense, and physical restraint techniques and the	3148
appropriate use of such techniques.	3149

Sec. 5103.0311.  (A) A preplacement training program for	3150
prospective foster caregivers described in section 5103.033 of the	3151
Revised Code shall consist of courses that address all of the	3152
following:	3153

(1) The legal rights and responsibilities of foster	3154
caregivers;	3155

(2) The policies and procedures of public children services	3156
agencies, private child placing agencies, and private noncustodial	3157
agencies regarding foster caregivers;	3158

(3) The department of job and family services' requirements	3159
for certifying foster homes;	3160

(4) Infant care;

3161

(5) Early childhood development.

3162

(B) A continuing training program for foster caregivers	3163
described in section 5103.033 of the Revised Code shall meet the	3164
requirements of rules adopted pursuant to section 5103.0316 of the	3165
Revised Code.	3166

Sec. 5103.0312.  A public children services agency, private	3167
child placing agency, or private noncustodial agency acting as a	3168
recommending agency for a foster caregivers who hold certificates	3169
issued under section 5103.03 of the Revised Codecaregiver shall	3170
pay thosethe foster caregiverscaregiver a stipend to reimburse	3171
themthe foster caregiver for attending a preplacement training	3172
program or continuing training program operated under section	3173
5103.034 or 5153.605103.30 of the Revised Code. The payment shall	3174
be based on a stipend rate established by the department of job	3175
and family services. The stipend rate shall be the same regardless	3176
of the type of recommending agency from which athe foster	3177
caregiver seeks a recommendation. The department shall, pursuant	3178
to rules adopted under section 5103.0316 of the Revised Code,	3179
reimburse the recommending agency for stipend payments it makes in	3180
accordance with this section. No payment shall be made to an	3181
individual for attending a preplacement training program if the	3182
individual fails to obtain a foster home certificate under section	3183
5103.03 of the Revised Code.	3184

Sec. 5103.0313. TheExcept as provided in section 5103.303	3185
of the Revised Code, the department of job and family services	3186
shall compensate a private child placing agency or private	3187
noncustodial agency for the cost of procuring or operating	3188
preplacement and continuing training programs approved by the	3189
department of job and family services under section 5103.034	3190
5103.038 of the Revised Code for prospective foster caregivers and	3191
foster caregivers who are recommended for initial certification or	3192
recertification by the agency.	3193

The compensation shall be paid to the agency in the form of	3194
an allowance for each hour of preplacement and continuing training	3195
provided or received.	3196

Sec. 5103.0315.  The department of job and family services	3197
shall seek federal financial participation for the cost of making	3198
payments under section 5103.0312 of the Revised Code and	3199
allowances under sectionsections 5103.0313 and 5103.303 of the	3200
Revised Code. The department shall notify the governor, president	3201
of the senate, minority leader of the senate, speaker of the house	3202
of representatives, and minority leader of the house of	3203
representatives of any proposed federal legislation that endangers	3204
the federal financial participation.	3205

Sec. 5103.07.  The department of job and family services	3206
shall administer funds received under Title IV-B of the "Social	3207
Security Act," 4981 Stat. 620821 (19351967), 42 U.S.C.A. 620,	3208
as amended, and the "Child Abuse Prevention and Treatment Act," 88	3209
Stat. 4 (1974), 42 U.S.C.A. 5101, as amended. In administering	3210
these funds, the department may establish a child welfare services	3211
program and a child abuse and neglect prevention and adoption	3212
reform program. The department has all powers necessary for the	3213
adequate administration of these funds and programs. The director	3214
of job and family services may adopt internal management rules in	3215
accordance with section 111.15 of the Revised Code as necessary to	3216
carry out the purposes of this section.	3217

Sec. 5153.60.        Sec. 5103.30. (A) The Ohio child welfare training	3218
program is hereby established in the department of job and family	3219
services shall establishas a statewide program that provides. The	3220
program shall provide all of the following:	3221

(1)(A) The training that section 3107.014 of the Revised Code	3222
requires an assessor to complete;	3223

(B) The training that section 3107.031 of the Revised Code	3224
requires a person utilizing a public children services agency to	3225
arrange the adoption of a minor to complete as part of a home	3226
study;	3227

(C) The preplacement training that sections 5103.031 and	3228
5103.033 of the Revised Code require a prospective foster	3229
caregiver to complete;	3230

(D) The continuing training that sections 5103.032 and	3231
5103.033 of the Revised Code require a foster caregiver to	3232
complete;	3233

(E) The training that section 5153.122 of the Revised Code	3234
requires public children services agency caseworkers and	3235
supervisorsa PCSA caseworker to complete;	3236

(2) The preplacement and continuing training described in	3237
sections 5103.034, 5103.039, and 5103.0311 of the Revised Code	3238
that foster caregivers are required by sections 5103.031,	3239
5103.032, and 5103.033 of the Revised Code to obtain;	3240

(3) The education programs for adoption assessors required by	3241
section 3107.014 of the Revised Code(F) The training that section	3242
5153.123 of the Revised Code requires a PCSA caseworker supervisor	3243
to complete.	3244

(B) The program established pursuant to division (A) of this	3245
section shall be called the "Ohio child welfare training program."	3246

Sec. 5103.301.  The Ohio child welfare training program shall	3247
make its preplacement and continuing training provided under	3248
divisions (C) and (D) of section 5103.30 of the Revised Code	3249
available to a prospective foster caregiver or foster caregiver	3250
without regard to the type of recommending agency from which the	3251
prospective foster caregiver or foster caregiver seeks a	3252
recommendation.	3253

Sec. 5103.302.  The Ohio child welfare training program may	3254
condition a prospective foster caregiver or foster caregiver's	3255
enrollment in its preplacement and continuing training provided	3256
under divisions (C) and (D) of section 5103.30 of the Revised Code	3257
on the availability of space in the training if the prospective	3258
foster caregiver or foster caregiver's recommending agency is a	3259
private child placing agency or private noncustodial agency.	3260

Sec. 5103.303.  When the Ohio child welfare training program	3261
provides preplacement or continuing training to a prospective	3262
foster caregiver or foster caregiver whose recommending agency is	3263
a private child placing agency or private noncustodial agency, the	3264
department of job and family services shall not pay the Ohio child	3265
welfare training program the allowance the department would	3266
otherwise pay to the private child placing agency or private	3267
noncustodial agency under section 5103.0313 of the Revised Code	3268
for the training.	3269

Sec. 5103.31.  Training provided under section 5103.30 of the	3270
Revised Code shall provide the knowledge, skill, and ability	3271
needed to do the jobs that the training is for. The Ohio child	3272
welfare training program coordinator shall identify the	3273
competencies needed to do the jobs that the training is for so	3274
that the training helps the development of those competencies. In	3275
addition, the training shall do all of the following:	3276

(A) In the case of the training provided under division (A)	3277
of section 5103.30 of the Revised Code, comply with the rules	3278
adopted under section 3107.015 of the Revised Code;	3279

(B) In the case of the training provided under division (B)	3280
of section 5103.30 of the Revised Code, comply with rules adopted	3281
under division (B) of section 3107.032 of the Revised Code;	3282

(C) In the case of the preplacement training provided under	3283
division (C) of section 5103.30 of the Revised Code, comply with	3284
section 5103.039 of the Revised Code and division (A) of section	3285
5103.0311 of the Revised Code;	3286

(D) In the case of the continuing training provided under	3287
division (D) of section 5103.30 of the Revised Code, comply with	3288
rules adopted under division (C) of section 5103.0316 of the	3289
Revised Code;	3290

(E) In the case of the training provided under divisions (E)	3291
and (F) of section 5103.30 of the Revised Code, comply with rules	3292
adopted under section 5153.124 of the Revised Code.	3293

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

3294

(1) "Title IV-B" means Title IV-B of the "Social Security Act	3295
of 1967," 81 Stat. 821, 42 U.S.C. 620, as amended.	3296

(2) "Title IV-E" means Title IV-E of the "Social Security	3297
Act," 94 Stat. 501, 42 U.S.C. 670(1980).	3298

(3) "Title XX" has the same meaning as in section 5101.46 of	3299
the Revised Code.	3300

(B) For purposes of adequately funding the Ohio child welfare	3301
training program, the department of job and family services may	3302
use any of the following:	3303

(1) The federal financial participation funds withheld	3304
pursuant to division (E) of section 5101.141 of the Revised Code	3305
in an amount determined by the department;	3306

(2) Funds available under Title XX, Title IV-B, and Title	3307
IV-E to pay for training costs;	3308

(3) Other available state or federal funds;

3309

(4) Funds that a person, including a foundation, makes	3310
available for the program.	3311

Sec. 5103.33.  The director of job and family services shall	3312
adopt rules under Chapter 119. of the Revised Code as necessary to	3313
implement the Ohio child welfare training program.	3314

Sec. 5103.34.  The department of job and family services	3315
shall monitor and evaluate the Ohio child welfare training program	3316
to ensure that the program satisfies all of the requirements	3317
established by law enacted by the general assembly regarding the	3318
program and rules adopted under section 5103.33 of the Revised	3319
Code. As part of the monitoring and evaluation, the department	3320
shall ensure that the training provided under section 5103.30 of	3321
the Revised Code meets all of the requirements of section 5103.31	3322
of the Revised Code, including the requirement that the training	3323
be competency based.	3324

Sec. 5153.61.        Sec. 5103.35.  Each fiscal biennium, the department	3325
of job and family services shall contract with an entity to serve	3326
as the training coordinator for the Ohio child welfare training	3327
program coordinator. The training coordinator shall develop,	3328
implement, and manage the training program. The department shall	3329
select the entity with which to contract from the candidates	3330
selected pursuant toentities that submit a proposal that meets,	3331
as determined under section 5103.362 of the Revised Code, the	3332
requirements of the request for proposals issued under section	3333
5153.635103.36 of the Revised Code. AThe department may contract	3334
with the entity the department contracted with the previous fiscal	3335
biennium even though no request for proposals is issued if, as	3336
specified in section 5103.361 of the Revised Code, a request for	3337
proposals is not required for the upcoming fiscal biennium.	3338

A contract entered into under this section shall be effective	3339
on the first day of the fiscal biennium for which it is entered	3340
into and terminate on the last day of that fiscal biennium. The	3341
contract shall require the coordinator to perform the duties	3342
specified in section 5103.37 of the Revised Code.	3343

Sec. 5153.62.        Sec. 5103.36. Before the beginning of each fiscal	3344
biennium, theThe department of job and family services shall	3345
develop and issue or cause to be issued a request for proposals	3346
for the development, implementation, and management, as training	3347
coordinator, ofan entity to serve as the Ohio child welfare	3348
training program during the bienniumcoordinator. The department	3349
shall develop the request for proposals in consultation with	3350
individuals designatedsolicited under section 5153.645103.365 of	3351
the Revised Code. The request for proposals shall explain the	3352
types of duties of the coordinator.	3353

Sec. 5103.361.  (A) Except as provided in division (B) of	3354
this section, the request for proposals required by section	3355
5103.36 of the Revised Code shall be developed and issued before	3356
the beginning of each fiscal biennium.	3357

(B) The department is not required to develop and issue or	3358
cause to be issued the request for proposals before the beginning	3359
of a fiscal biennium if both of the following are the case:	3360

(1) The department developed and issued or caused to be	3361
issued such a request for proposals before at least one of the	3362
three previous fiscal biennia;	3363

(2) The department and entity under contract to serve as the	3364
Ohio child welfare training program coordinator contract for that	3365
entity to continue serving as the coordinator for the upcoming	3366
fiscal biennium.	3367

Sec. 5153.63.        Sec. 5103.362. Before the beginning of each fiscal	3368
biennium,After considering recommendations from the individuals	3369
designatedsolicited under section 5153.645103.363 of the Revised	3370
Code, the department of job and family services shall review all	3371
responses to thedetermine which of the proposals received in	3372
response to a request for proposals issued under section 5153.62	3373
5103.36 of the Revised Code for the biennium and recommend to the	3374
department of job and family services those entities that meet the	3375
requirements of the request.	3376

Sec. 5153.64.        Sec. 5103.363.  The director of job and family	3377
services shall selectsolicit representatives from all of the	3378
following organizations to perform the consultation and	3379
recommendation duties under sections 5153.625103.36 and 5153.63	3380
5103.362 of the Revised Code:	3381

(A) Regional training centers established under section	3382
5153.725103.42 of the Revised Code;	3383

(B) Staff of public children services agencies;

3384

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

3385

(D) A statewide organization that represents the interests of	3386
public children services agencies.	3387

Sec. 5153.65.        Sec. 5103.37.  The entity contracted with to serve as	3388
the training coordinator for the Ohio child welfare training	3389
program coordinator shall do all the following as part of its	3390
duties underpursuant to the contract entered into under section	3391
5103.35 of the Revised Code:	3392

(A) AdministerManage, coordinate, and evaluate all of the	3393
program's training program activities under the programprovided	3394
under section 5103.30 of the Revised Code;	3395

(B) Develop training curriculum, resources, and products for	3396
the training;	3397

(C) Provide fiscal management and technical assistance to	3398
regional training centers established under section 5153.72	3399
5103.42 of the Revised Code;	3400

(D) Cooperate with the regional training centers to schedule	3401
training sessions for the training, provide notices of the	3402
training sessions, and provide training materials for the	3403
sessions;	3404

(E) Employ and compensate training session instructors for	3405
the training;	3406

(F) Create individual training needs assessment forms	3407
assessments for use pursuant to sections 5153.755153.125 and	3408
5153.765153.126 of the Revised Code;	3409

(G) Provide staff for the Ohio child welfare training program	3410
steering committee established under section 5103.39 of the	3411
Revised Code;	3412

(H) Conduct any other activities necessary for the	3413
development, implementation, and management of the training	3414
program as specified in the contract.	3415

Sec. 5153.70.        Sec. 5103.38.  The department of job and family	3416
services shall oversee the operation of the entity contracted with	3417
under section 5153.61 of the Revised Code regarding theOhio child	3418
welfare training program coordinator's development,	3419
implementation, and management of the Ohio child welfare training	3420
program.	3421

Sec. 5153.66.        Sec. 5103.39.  The director of job and family	3422
services shall establish the Ohio child welfare training program	3423
steering committee. Sections 101.82 to 101.87 of the Revised Code	3424
do not apply to the committee.	3425

Sec. 5153.67.        Sec. 5103.391. (A) The director of job and family	3426
services shall appoint all of the following to serve on the Ohio	3427
child welfare training program steering committee:	3428

(1)(A) Employees of the department of job and family	3429
services;	3430

(2) Representatives(B) One representative of each of the	3431
regional training centers established under section 5153.72	3432
5103.42 of the Revised Code;	3433

(3) A(C) One representative of ana statewide organization	3434
that represents the interests of public children services	3435
agencies;	3436

(4) A(D) One representative of the entity contracted with to	3437
serve as the training coordinator for the Ohio child welfare	3438
training program coordinator;	3439

(5) Two employees(E) Employees of public children services	3440
agencies.	3441

(B) All initial appointments required to be made under this	3442
section shall be made no later than thirty days after the	3443
effective date of this section.	3444

The representative of an entity contracted with to serve as	3445
the training coordinator shall serve on the committee until the	3446
department of job and family services contracts with a different	3447
entity to serve as the training coordinator.	3448

The entity under contract on the effective date of this	3449
section to coordinate training for caseworkers and supervisors in	3450
the state shall be considered the entity that contracts with the	3451
department to serve as the training coordinator for the Ohio child	3452
welfare training program.	3453

Sec. 5103.40.  The Ohio child welfare training program	3454
steering committee shall do all of the following:	3455

(A) Following procedures the committee shall establish,	3456
adopt, amend, and rescind by-laws as necessary regarding the	3457
committee's governance, frequency of meetings, and other matters	3458
concerning the committee's operation;	3459

(B) Conduct strategic planning activities regarding the Ohio	3460
child welfare training program;	3461

(C) Provide the department of job and family services and	3462
Ohio child welfare training program coordinator recommendations	3463
regarding the program's operation;	3464

(D) After reviewing individual training needs assessments	3465
completed under sections 5153.125 and 5153.126 of the Revised	3466
Code, consult with the Ohio child welfare training program	3467
coordinator on the design and content of the training that the	3468
program provides pursuant to divisions (E) and (F) of section	3469
5103.30 of the Revised Code;	3470

(E) Review curricula created for the training provided under	3471
section 5103.30 of the Revised Code;	3472

(F) Provide the department recommendations regarding the	3473
curricula reviewed under division (E) of this section as the	3474
committee determines necessary for the training to be relevant to	3475
the needs of the child welfare field;	3476

(G) Evaluate the training and provide the department	3477
recommendations as the committee determines necessary for the	3478
training to be able to enable all of the following:	3479

(1) Assessors to satisfy the training requirement of section	3480
3107.014 of the Revised Code;	3481

(2) Persons utilizing a public children services agency to	3482
adopt a minor to satisfy the training that must be completed as	3483
part of a home study under section 3107.031 of the Revised Code;	3484

(3) Prospective foster caregivers and foster caregivers to	3485
satisfy the preplacement and continuing training requirements of	3486
sections 5103.031, 5103.032, and 5103.033 of the Revised Code;	3487

(4) PCSA caseworkers to satisfy the training requirements of	3488
section 5153.122 of the Revised Code;	3489

(5) PCSA caseworker supervisors to satisfy the training	3490
requirements of section 5153.123 of the Revised Code.	3491

Sec. 5153.71.        Sec. 5103.41.  Prior to the beginning of the fiscal	3492
biennium that first follows the effective date of this section	3493
October 5, 2000, the department of job and family services, in	3494
consultation with the Ohio child welfare training program steering	3495
committee, shall designate eight training regions in the state.	3496
The department, at times it selects, shall review the composition	3497
of the training regions. The committee, at times it selects, shall	3498
also review the training regions' composition and provide the	3499
department recommendations on changes. The department may change	3500
the composition of the training regions as neededthe department	3501
considers necessary. Each training region shall contain only one	3502
regional training center established and maintained under section	3503
5153.725103.42 of the Revised Code.	3504

Sec. 5153.72.        Sec. 5103.42.  Prior to the beginning of the fiscal	3505
biennium that first follows October 5, 2000, the public children	3506
services agencies of Athens, Cuyahoga, Franklin, Greene, Guernsey,	3507
Hamilton, Lucas, and Summit counties shall each establish and	3508
maintain a regional training center. At any time after the	3509
beginning of that biennium, the department of job and family	3510
services, on the recommendation of the Ohio child welfare training	3511
program steering committee, may direct a public children services	3512
agency to establish and maintain a training center to replace the	3513
center established by an agency under this section. There may be	3514
no more and no less than eight centers in existence at any time.	3515
The department may make a grant to a public children services	3516
agency that establishes and maintains a regional training center	3517
under this section for the purpose of wholly or partially	3518
subsidizing the operation of the center. The department shall	3519
specify in the grant all of the center's duties, including the	3520
duties specified in section 5103.422 of the Revised Code.	3521

Sec. 5153.73.        Sec. 5103.421.  The executive director of each public	3522
children services agency required to establish and maintain a	3523
regional training center shall appoint a manager to operate the	3524
training center in accordance with section 5153.745103.422 of the	3525
Revised Code.	3526

Sec. 5153.74.        Sec. 5103.422.  A regional training center's	3527
responsibilities shall include all of the following:	3528

(A) SecureSecuring facilities suitable for conducting the	3529
training programs and sessionsprovided under section 5103.30 of	3530
the Revised Code;	3531

(B) ProvideProviding administrative services and paypaying	3532
all administrative costs related to the conduct of the training	3533
programs and sessions;	3534

(C) MaintainMaintaining a database of the data contained in	3535
the individual training needs assessments for each PCSA caseworker	3536
and PCSA caseworker supervisor employed by a public children	3537
services agency located in the training region served by the	3538
center;	3539

(D) AssessAnalyzing training needs of PCSA caseworkers and	3540
PCSA caseworker supervisors employed by a public children services	3541
agency located in the training region served by the center;	3542

(E) Cooperate withCoordinating the entity contracted with	3543
under section 5153.61 of the Revised Code in coordinating training	3544
programs and sessions at the center with the Ohio child welfare	3545
training program coordinator.	3546

Sec. 5104.01.  As used in this chapter:

3547

(A) "Administrator" means the person responsible for the	3548
daily operation of a center or type A home. The administrator and	3549
the owner may be the same person.	3550

(B) "Approved child day camp" means a child day camp approved	3551
pursuant to section 5104.22 of the Revised Code.	3552

(C) "Authorized provider" means a person authorized by a	3553
county director of job and family services to operate a certified	3554
type B family day-care home.	3555

(D) "Border state child care provider" means a child care	3556
provider that is located in a state bordering Ohio and that is	3557
licensed, certified, or otherwise approved by that state to	3558
provide child care.	3559

(E) "Caretaker parent" means the father or mother of a child	3560
whose presence in the home is needed as the caretaker of the	3561
child, a person who has legal custody of a child and whose	3562
presence in the home is needed as the caretaker of the child, a	3563
guardian of a child whose presence in the home is needed as the	3564
caretaker of the child, and any other person who stands in loco	3565
parentis with respect to the child and whose presence in the home	3566
is needed as the caretaker of the child.	3567

(F) "Certified type B family day-care home" and "certified	3568
type B home" mean a type B family day-care home that is certified	3569
by the director of the county department of job and family	3570
services pursuant to section 5104.11 of the Revised Code to	3571
receive public funds for providing child care pursuant to this	3572
chapter and any rules adopted under it.	3573

(G) "Chartered nonpublic school" means a school that meets	3574
standards for nonpublic schools prescribed by the state board of	3575
education for nonpublic schools pursuant to section 3301.07 of the	3576
Revised Code.	3577

(H) "Child" includes an infant, toddler, preschool child, or	3578
school child.	3579

(I) "Child care block grant act" means the "Child Care and	3580
Development Block Grant Act of 1990," established in section 5082	3581
of the "Omnibus Budget Reconciliation Act of 1990," 104 Stat.	3582
1388-236 (1990), 42 U.S.C. 9858, as amended.	3583

(J) "Child day camp" means a program in which only school	3584
children attend or participate, that operates for no more than	3585
seven hours per day, that operates only during one or more public	3586
school district's regular vacation periods or for no more than	3587
fifteen weeks during the summer, and that operates outdoor	3588
activities for each child who attends or participates in the	3589
program for a minimum of fifty per cent of each day that children	3590
attend or participate in the program, except for any day when	3591
hazardous weather conditions prevent the program from operating	3592
outdoor activities for a minimum of fifty per cent of that day.	3593
For purposes of this division, the maximum seven hours of	3594
operation time does not include transportation time from a child's	3595
home to a child day camp and from a child day camp to a child's	3596
home.	3597

(K) "Child care" means administering to the needs of infants,	3598
toddlers, preschool children, and school children outside of	3599
school hours by persons other than their parents or guardians,	3600
custodians, or relatives by blood, marriage, or adoption for any	3601
part of the twenty-four-hour day in a place or residence other	3602
than a child's own home.	3603

(L) "Child day-care center" and "center" mean any place in	3604
which child care or publicly funded child care is provided for	3605
thirteen or more children at one time or any place that is not the	3606
permanent residence of the licensee or administrator in which	3607
child care or publicly funded child care is provided for seven to	3608
twelve children at one time. In counting children for the	3609
purposes of this division, any children under six years of age who	3610
are related to a licensee, administrator, or employee and who are	3611
on the premises of the center shall be counted. "Child day-care	3612
center" and "center" do not include any of the following:	3613

(1) A place located in and operated by a hospital, as defined	3614
in section 3727.01 of the Revised Code, in which the needs of	3615
children are administered to, if all the children whose needs are	3616
being administered to are monitored under the on-site supervision	3617
of a physician licensed under Chapter 4731. of the Revised Code or	3618
a registered nurse licensed under Chapter 4723. of the Revised	3619
Code, and the services are provided only for children who, in the	3620
opinion of the child's parent, guardian, or custodian, are	3621
exhibiting symptoms of a communicable disease or other illness or	3622
are injured;	3623

(2) A child day camp;

3624

(3) A place that provides child care, but not publicly funded	3625
child care, if all of the following apply:	3626

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

3627

(b) A parent, custodian, or guardian of at least one child	3628
receiving child care is on the premises and readily accessible at	3629
all times;	3630

(c) The child care is not provided for more than thirty days	3631
a year;	3632

(d) The child care is provided only for preschool and school	3633
children.	3634

(M) "Child care resource and referral service organization"	3635
means a community-based nonprofit organization that provides child	3636
care resource and referral services but not child care.	3637

(N) "Child care resource and referral services" means all of	3638
the following services:	3639

(1) Maintenance of a uniform data base of all child care	3640
providers in the community that are in compliance with this	3641
chapter, including current occupancy and vacancy data;	3642

(2) Provision of individualized consumer education to	3643
families seeking child care;	3644

(3) Provision of timely referrals of available child care	3645
providers to families seeking child care;	3646

(4) Recruitment of child care providers;

3647

(5) Assistance in the development, conduct, and dissemination	3648
of training for child care providers and provision of technical	3649
assistance to current and potential child care providers,	3650
employers, and the community;	3651

(6) Collection and analysis of data on the supply of and	3652
demand for child care in the community;	3653

(7) Technical assistance concerning locally, state, and	3654
federally funded child care and early childhood education	3655
programs;	3656

(8) Stimulation of employer involvement in making child care	3657
more affordable, more available, safer, and of higher quality for	3658
their employees and for the community;	3659

(9) Provision of written educational materials to caretaker	3660
parents and informational resources to child care providers;	3661

(10) Coordination of services among child care resource and	3662
referral service organizations to assist in developing and	3663
maintaining a statewide system of child care resource and referral	3664
services if required by the department of job and family services;	3665

(11) Cooperation with the county department of job and family	3666
services in encouraging the establishment of parent cooperative	3667
child care centers and parent cooperative type A family day-care	3668
homes.	3669

(O) "Child-care staff member" means an employee of a child	3670
day-care center or type A family day-care home who is primarily	3671
responsible for the care and supervision of children. The	3672
administrator may be a part-time child-care staff member when not	3673
involved in other duties.	3674

(P) "Drop-in child day-care center," "drop-in center,"	3675
"drop-in type A family day-care home," and "drop-in type A home"	3676
mean a center or type A home that provides child care or publicly	3677
funded child care for children on a temporary, irregular basis.	3678

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

3679

(1) Receives compensation for duties performed in a child	3680
day-care center or type A family day-care home;	3681

(2) Is assigned specific working hours or duties in a child	3682
day-care center or type A family day-care home.	3683

(R) "Employer" means a person, firm, institution,	3684
organization, or agency that operates a child day-care center or	3685
type A family day-care home subject to licensure under this	3686
chapter.	3687

(S) "Federal poverty line" means the official poverty	3688
guideline as revised annually in accordance with section 673(2) of	3689
the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42	3690
U.S.C. 9902, as amended, for a family size equal to the size of	3691
the family of the person whose income is being determined.	3692

(T) "Head start program" means a comprehensive child	3693
development program that receives funds distributed under the	3694
"Head Start Act," 95 Stat. 499 (1981), 42 U.S.C.A. 9831, as	3695
amended, and is licensed as a child day-care center.	3696

(U) "Income" means gross income, as defined in section	3697
5107.10 of the Revised Code, less any amounts required by federal	3698
statutes or regulations to be disregarded.	3699

(V) "Indicator checklist" means an inspection tool, used in	3700
conjunction with an instrument-based program monitoring	3701
information system, that contains selected licensing requirements	3702
that are statistically reliable indicators or predictors of a	3703
child day-care center or type A family day-care home's compliance	3704
with licensing requirements.	3705

(W) "Infant" means a child who is less than eighteen months	3706
of age.	3707

(X) "In-home aide" means a person who does not reside with	3708
the child but provides care in the child's home and is certified	3709
by a county director of job and family services pursuant to	3710
section 5104.12 of the Revised Code to provide publicly funded	3711
child care to a child in a child's own home pursuant to this	3712
chapter and any rules adopted under it.	3713

(Y) "Instrument-based program monitoring information system"	3714
means a method to assess compliance with licensing requirements	3715
for child day-care centers and type A family day-care homes in	3716
which each licensing requirement is assigned a weight indicative	3717
of the relative importance of the requirement to the health,	3718
growth, and safety of the children that is used to develop an	3719
indicator checklist.	3720

(Z) "License capacity" means the maximum number in each age	3721
category of children who may be cared for in a child day-care	3722
center or type A family day-care home at one time as determined by	3723
the director of job and family services considering building	3724
occupancy limits established by the department of commerce, number	3725
of available child-care staff members, amount of available indoor	3726
floor space and outdoor play space, and amount of available play	3727
equipment, materials, and supplies.	3728

(AA) "Licensed preschool program" or "licensed school child	3729
program" means a preschool program or school child program, as	3730
defined in section 3301.52 of the Revised Code, that is licensed	3731
by the department of education pursuant to sections 3301.52 to	3732
3301.59 of the Revised Code.	3733

(BB) "Licensee" means the owner of a child day-care center or	3734
type A family day-care home that is licensed pursuant to this	3735
chapter and who is responsible for ensuring its compliance with	3736
this chapter and rules adopted pursuant to this chapter.	3737

(CC) "Operate a child day camp" means to operate, establish,	3738
manage, conduct, or maintain a child day camp.	3739

(DD) "Owner" includes a person, as defined in section 1.59 of	3740
the Revised Code, or government entity.	3741

(EE) "Parent cooperative child day-care center," "parent	3742
cooperative center," "parent cooperative type A family day-care	3743
home," and "parent cooperative type A home" mean a corporation or	3744
association organized for providing educational services to the	3745
children of members of the corporation or association, without	3746
gain to the corporation or association as an entity, in which the	3747
services of the corporation or association are provided only to	3748
children of the members of the corporation or association,	3749
ownership and control of the corporation or association rests	3750
solely with the members of the corporation or association, and at	3751
least one parent-member of the corporation or association is on	3752
the premises of the center or type A home during its hours of	3753
operation.	3754

(FF) "Part-time child day-care center," "part-time center,"	3755
"part-time type A family day-care home," and "part-time type A	3756
home" mean a center or type A home that provides child care or	3757
publicly funded child care for no more than four hours a day for	3758
any child.	3759

(GG) "Place of worship" means a building where activities of	3760
an organized religious group are conducted and includes the	3761
grounds and any other buildings on the grounds used for such	3762
activities.	3763

(HH) "Preschool child" means a child who is three years old	3764
or older but is not a school child.	3765

(II) "Protective child care" means publicly funded child care	3766
for the direct care and protection of a child to whom either of	3767
the following applies:	3768

(1) A case plan prepared and maintained for the child	3769
pursuant to section 2151.412 of the Revised Code indicates a need	3770
for protective care and the child resides with a parent,	3771
stepparent, guardian, or another person who stands in loco	3772
parentis as defined in rules adopted under section 5104.38 of the	3773
Revised Code;	3774

(2) The child and the child's caretaker either temporarily	3775
reside in a facility providing emergency shelter for homeless	3776
families or are determined by the county department of job and	3777
family services to be homeless, and are otherwise ineligible for	3778
publicly funded child care.	3779

(JJ) "Publicly funded child care" means administering to the	3780
needs of infants, toddlers, preschool children, and school	3781
children under age thirteen during any part of the	3782
twenty-four-hour day by persons other than their caretaker parents	3783
for remuneration wholly or in part with federal or state funds,	3784
including funds available under the child care block grant act,	3785
Title IV-A, and Title XX, distributed by the department of job and	3786
family services.	3787

(KK) "Religious activities" means any of the following:	3788
worship or other religious services; religious instruction; Sunday	3789
school classes or other religious classes conducted during or	3790
prior to worship or other religious services; youth or adult	3791
fellowship activities; choir or other musical group practices or	3792
programs; meals; festivals; or meetings conducted by an organized	3793
religious group.	3794

(LL) "School child" means a child who is enrolled in or is	3795
eligible to be enrolled in a grade of kindergarten or above but is	3796
less than fifteen years old.	3797

(MM) "School child day-care center," "school child center,"	3798
"school child type A family day-care home," and "school child type	3799
A family home" mean a center or type A home that provides child	3800
care for school children only and that does either or both of the	3801
following:	3802

(1) Operates only during that part of the day that	3803
immediately precedes or follows the public school day of the	3804
school district in which the center or type A home is located;	3805

(2) Operates only when the public schools in the school	3806
district in which the center or type A home is located are not	3807
open for instruction with pupils in attendance.	3808

(NN) "State median income" means the state median income	3809
calculated by the department of development pursuant to division	3810
(A)(1)(g) of section 5709.61 of the Revised Code.	3811

(OO) "Title IV-A" means Title IV-A of the "Social Security	3812
Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended.	3813

(PP) "Title XX" means Title XX of the "Social Security Act,"	3814
88 Stat. 2337 (1974), 42 U.S.C. 1397, as amended.	3815

(QQ) "Toddler" means a child who is at least eighteen months	3816
of age but less than three years of age.	3817

(RR) "Type A family day-care home" and "type A home" mean a	3818
permanent residence of the administrator in which child care or	3819
publicly funded child care is provided for seven to twelve	3820
children at one time or a permanent residence of the administrator	3821
in which child care is provided for four to twelve children at one	3822
time if four or more children at one time are under two years of	3823
age. In counting children for the purposes of this division, any	3824
children under six years of age who are related to a licensee,	3825
administrator, or employee and who are on the premises of the type	3826
A home shall be counted. "Type A family day-care home" does not	3827
include a residence in which the needs of children are	3828
administered to, if all of the children whose needs are being	3829
administered to are siblings of the same immediate family and the	3830
residence is the home of the siblings. "Type A family day-care	3831
home" and "type A home" do not include any child day camp.	3832

(SS) "Type B family day-care home" and "type B home" mean a	3833
permanent residence of the provider in which child care is	3834
provided for one to six children at one time and in which no more	3835
than three children are under two years of age at one time. In	3836
counting children for the purposes of this division, any children	3837
under six years of age who are related to the provider and who are	3838
on the premises of the type B home shall be counted. "Type B	3839
family day-care home" does not include a residence in which the	3840
needs of children are administered to, if all of the children	3841
whose needs are being administered to are siblings of the same	3842
immediate family and the residence is the home of the siblings.	3843
"Type B family day-care home" and "type B home" do not include any	3844
child day camp.	3845

Sec. 5104.11.  (A)(1) Every person desiring to receive	3846
certification for a type B family day-care home to provide	3847
publicly funded child care shall apply for certification to the	3848
county director of job and family services on such forms as the	3849
director of job and family services prescribes. The county	3850
director shall provide at no charge to each applicant a copy of	3851
rules for certifying type B family day-care homes adopted pursuant	3852
to this chapter.	3853

(2) Except as provided in division (G)(1) of section 5104.011	3854
of the Revised Code, after receipt of an application for	3855
certification from a type B family day-care home, the county	3856
director of job and family services shall inspect the home. If it	3857
complies with this chapter and any applicable rules adopted under	3858
this chapter, the county department shall certify the type B	3859
family day-care home to provide publicly funded child care	3860
pursuant to this chapter and any rules adopted under it. The	3861
director of job and family services or a county director of job	3862
and family services may contract with a government entity or a	3863
private nonprofit entity for that entity to inspect and certify	3864
type B family day-care homes pursuant to this section. The county	3865
department of job and family services, government entity, or	3866
nonprofit entity shall conduct the inspection prior to the	3867
issuance of a certificate for the type B home and, as part of that	3868
inspection, ensure that the type B home is safe and sanitary.	3869

(3)(a) On receipt of an application for certification for a	3870
type B family day-care home to provide publicly funded child care	3871
or for renewal of such certification, the county department shall	3872
request from the public children services agencyboth of the	3873
following information concerning any abuse or neglect report made	3874
pursuant to section 2151.421 of the Revised Code of which the	3875
applicant, any other adult residing in the applicant's home, or a	3876
person designated by the applicant to be an emergency or	3877
substitute caregiver for the applicant is the subject. The:	3878

(i) The public children services agency, until the county	3879
department is notified by the department of job and family	3880
services that the uniform statewide automated child welfare	3881
information system has been finalized statewide;	3882

(ii) Upon receipt of notification under division (D) of	3883
section 5101.13 of the Revised Code that the uniform statewide	3884
automated child welfare information system has been implemented	3885
statewide, the uniform statewide automated child welfare	3886
information system via the department.	3887

(b) The county department shall consider any information	3888
provided by the agency or the department pursuant to section	3889
5153.175 of the Revised Code. If the county department determines	3890
that the information, when viewed within the totality of the	3891
circumstances, reasonably leads to the conclusion that the	3892
applicant may directly or indirectly endanger the health, safety,	3893
or welfare of children, the county department shall deny the	3894
application for certification or renewal of certification, or	3895
revoke the certification of an authorized provider.	3896

(c) As used in division (A)(3) of this section, "public	3897
children services agency" means either an entity separate from the	3898
county department or the part of the county department that serves	3899
as the county's public children services agency, as appropriate.	3900

(4) Except as provided in division (A)(5) of this section, an	3901
authorized provider of a type B family day-care home that receives	3902
a certificate pursuant to this section to provide publicly funded	3903
child care is an independent contractor and is not an employee of	3904
the county department of job and family services that issues the	3905
certificate.	3906

(5) For purposes of Chapter 4141. of the Revised Code,	3907
determinations concerning the employment of an authorized provider	3908
of a type B family day-care home that receives a certificate	3909
pursuant to this section shall be determined under Chapter 4141.	3910
of the Revised Code.	3911

(B) If the county director of job and family services	3912
determines that the type B family day-care home complies with this	3913
chapter and any rules adopted under it, the county director shall	3914
issue to the provider a certificate to provide publicly funded	3915
child care, which certificate is valid for twelve months, unless	3916
revoked earlier. The county director may revoke the certificate	3917
after determining that revocation is necessary. The authorized	3918
provider shall post the certificate in a conspicuous place in the	3919
certified type B home that is accessible to parents, custodians,	3920
or guardians at all times. The certificate shall state the name	3921
and address of the authorized provider, the maximum number of	3922
children who may be cared for at any one time in the certified	3923
type B home, the expiration date of the certification, and the	3924
name and telephone number of the county director who issued the	3925
certificate.	3926

(C)(1) The county director shall inspect every certified type	3927
B family day-care home at least twice within each twelve-month	3928
period of the operation of the certified type B home. A minimum of	3929
one inspection shall be unannounced and all inspections may be	3930
unannounced. Upon receipt of a complaint, the county director	3931
shall investigate the certified type B home, and division (C)(2)	3932
of this section applies regarding the complaint. The authorized	3933
provider shall permit the county director to inspect any part of	3934
the certified type B home. The county director shall prepare a	3935
written inspection report and furnish one copy to the authorized	3936
provider within a reasonable time after the inspection.	3937

(2) Upon receipt of a complaint as described in division	3938
(C)(1) of this section, in addition to the investigation that is	3939
required under that division, both of the following apply:	3940

(a) If the complaint alleges that a child suffered physical	3941
harm while receiving child care at the certified type B family	3942
day-care home or that the noncompliance with law or act alleged in	3943
the complaint involved, resulted in, or poses a substantial risk	3944
of physical harm to a child receiving child care at the home, the	3945
county director shall inspect the home.	3946

(b) If division (C)(2)(a) of this section does not apply	3947
regarding the complaint, the county director may inspect the	3948
certified type B family day-care home.	3949

(3) Division (C)(2) of this section does not limit, restrict,	3950
or negate any duty of the county director to inspect a certified	3951
type B family day-care home that otherwise is imposed under this	3952
section, or any authority of the county director to inspect a home	3953
that otherwise is granted under this section when the county	3954
director believes the inspection is necessary and it is permitted	3955
under the grant.	3956

(D) The county director of job and family services, in	3957
accordance with rules adopted pursuant to section 5104.052 of the	3958
Revised Code regarding fire safety and fire prevention, shall	3959
inspect each type B home that applies to be certified that is	3960
providing or is to provide publicly funded child care.	3961

(E) All materials that are supplied by the department of job	3962
and family services to type A family day-care home providers, type	3963
B family day-care home providers, in-home aides, persons who	3964
desire to be type A family day-care home providers, type B family	3965
day-care home providers, or in-home aides, and caretaker parents	3966
shall be written at no higher than the sixth grade reading level.	3967
The department may employ a readability expert to verify its	3968
compliance with this division.	3969

Sec. 5104.31. (A) Publicly funded child care may be provided	3970
only by the following:	3971

(A)(1) A child day-care center or type A family day-care	3972
home, including a parent cooperative child day-care center or	3973
parent cooperative type A family day-care home, licensed by the	3974
department of job and family services pursuant to section 5104.03	3975
of the Revised Code;	3976

(B)(2) A type B family day-care home certified by the county	3977
department of job and family services pursuant to section 5104.11	3978
of the Revised Code;	3979

(C)(3) A type B family day-care home that has received a	3980
limited certification pursuant to rules adopted under division	3981
(G)(1) of section 5104.011 of the Revised Code;	3982

(D)(4) An in-home aide who has been certified by the county	3983
department of job and family services pursuant to section 5104.12	3984
of the Revised Code;	3985

(E)(5) A child day camp approved pursuant to section 5104.22	3986
of the Revised Code;	3987

(F)(6) A licensed preschool program;

3988

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

3989

(H)(8) A border state child care provider, except that a	3990
border state child care provider may provide publicly funded child	3991
care only to an individual who resides in an Ohio county that	3992
borders the state in which the provider is located.	3993

(B) Publicly funded child day-care may be provided in a	3994
child's own home only by an in-home aide.	3995

Sec. 5153.01.  (A) As used in the Revised Code, "public	3996
children services agency" means an entity specified in section	3997
5153.02 of the Revised Code that has assumed the powers and duties	3998
of the children services function prescribed by this chapter for a	3999
county.	4000

(B) As used in this chapter:

4001

(1) "Certified foster home" means a foster home, as defined	4002
in section 5103.02 of the Revised Code, certified under section	4003
5103.03 of the Revised Code.	4004

(2) "Certified organization" means any organization holding a	4005
certificate issued pursuant to section 5103.03 of the Revised Code	4006
that is in full force and effect.	4007

(3) "Child" means any person under eighteen years of age or a	4008
mentally or physically handicapped person, as defined by rule	4009
adopted by the director of job and family services, under	4010
twenty-one years of age.	4011

(4) "Executive director" means the person charged with the	4012
responsibility of administering the powers and duties of a public	4013
children services agency appointed pursuant to section 5153.10 of	4014
the Revised Code.	4015

(5) "Organization" means any public, semipublic, or private	4016
institution, including maternity homes and day nurseries, and any	4017
private association, society, or agency, located or operating in	4018
this state, incorporated or unincorporated, having among its	4019
functions the furnishing of protective services or care for	4020
children or the placement of children in certified foster homes or	4021
elsewhere.	4022

(6) "PCSA caseworker" means an individual employed by a	4023
public children services agency as a caseworker.	4024

(7) "PCSA caseworker supervisor" means an individual employed	4025
by a public children services agency to supervise PCSA	4026
caseworkers.	4027

Sec. 5153.111.  (A)(1) The executive director of a public	4028
children services agency shall request the superintendent of the	4029
bureau of criminal identification and investigation to conduct a	4030
criminal records check with respect to any applicant who has	4031
applied to the agency for employment as a person responsible for	4032
the care, custody, or control of a child. If the applicant does	4033
not present proof that the applicant has been a resident of this	4034
state for the five-year period immediately prior to the date upon	4035
which the criminal records check is requested or does not provide	4036
evidence that within that five-year period the superintendent has	4037
requested information about the applicant from the federal bureau	4038
of investigation in a criminal records check, the executive	4039
director shall request that the superintendent obtain information	4040
from the federal bureau of investigation as a part of the criminal	4041
records check for the applicant. If the applicant presents proof	4042
that the applicant has been a resident of this state for that	4043
five-year period, the executive director may request that the	4044
superintendent include information from the federal bureau of	4045
investigation in the criminal records check.	4046

(2) Any person required by division (A)(1) of this section to	4047
request a criminal records check shall provide to each applicant a	4048
copy of the form prescribed pursuant to division (C)(1) of section	4049
109.572 of the Revised Code, provide to each applicant a standard	4050
impression sheet to obtain fingerprint impressions prescribed	4051
pursuant to division (C)(2) of section 109.572 of the Revised	4052
Code, obtain the completed form and impression sheet from each	4053
applicant, and forward the completed form and impression sheet to	4054
the superintendent of the bureau of criminal identification and	4055
investigation at the time the person requests a criminal records	4056
check pursuant to division (A)(1) of this section.	4057

(3) Any applicant who receives pursuant to division (A)(2) of	4058
this section a copy of the form prescribed pursuant to division	4059
(C)(1) of section 109.572 of the Revised Code and a copy of an	4060
impression sheet prescribed pursuant to division (C)(2) of that	4061
section and who is requested to complete the form and provide a	4062
set of fingerprint impressions shall complete the form or provide	4063
all the information necessary to complete the form and shall	4064
provide the impression sheet with the impressions of the	4065
applicant's fingerprints. If an applicant, upon request, fails to	4066
provide the information necessary to complete the form or fails to	4067
provide impressions of the applicant's fingerprints, that agency	4068
shall not employ that applicant for any position for which a	4069
criminal records check is required by division (A)(1) of this	4070
section.	4071

(B)(1) Except as provided in rules adopted by the director of	4072
job and family services in accordance with division (E) of this	4073
section, no public children services agency shall employ a person	4074
as a person responsible for the care, custody, or control of a	4075
child if the person previously has been convicted of or pleaded	4076
guilty to any of the following:	4077

(a) A violation of section 2903.01, 2903.02, 2903.03,	4078
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	4079
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	4080
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	4081
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	4082
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	4083
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	4084
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a	4085
violation of section 2905.04 of the Revised Code as it existed	4086
prior to July 1, 1996, a violation of section 2919.23 of the	4087
Revised Code that would have been a violation of section 2905.04	4088
of the Revised Code as it existed prior to July 1, 1996, had the	4089
violation occurred prior to that date, a violation of section	4090
2925.11 of the Revised Code that is not a minor drug possession	4091
offense, or felonious sexual penetration in violation of former	4092
section 2907.12 of the Revised Code;	4093

(b) A violation of an existing or former law of this state,	4094
any other state, or the United States that is substantially	4095
equivalent to any of the offenses or violations described in	4096
division (B)(1)(a) of this section.	4097

(2) A public children services agency may employ an applicant	4098
conditionally until the criminal records check required by this	4099
section is completed and the agency receives the results of the	4100
criminal records check. If the results of the criminal records	4101
check indicate that, pursuant to division (B)(1) of this section,	4102
the applicant does not qualify for employment, the agency shall	4103
release the applicant from employment.	4104

(C)(1) Each public children services agency shall pay to the	4105
bureau of criminal identification and investigation the fee	4106
prescribed pursuant to division (C)(3) of section 109.572 of the	4107
Revised Code for each criminal records check conducted in	4108
accordance with that section upon the request pursuant to division	4109
(A)(1) of this section of the executive director of the agency.	4110

(2) A public children services agency may charge an applicant	4111
a fee for the costs it incurs in obtaining a criminal records	4112
check under this section. A fee charged under this division shall	4113
not exceed the amount of fees the agency pays under division	4114
(C)(1) of this section. If a fee is charged under this division,	4115
the agency shall notify the applicant at the time of the	4116
applicant's initial application for employment of the amount of	4117
the fee and that, unless the fee is paid, the agency will not	4118
consider the applicant for employment.	4119

(D) The report of any criminal records check conducted by the	4120
bureau of criminal identification and investigation in accordance	4121
with section 109.572 of the Revised Code and pursuant to a request	4122
under division (A)(1) of this section is not a public record for	4123
the purposes of section 149.43 of the Revised Code and shall not	4124
be made available to any person other than the applicant who is	4125
the subject of the criminal records check or the applicant's	4126
representative, the public children services agency requesting the	4127
criminal records check or its representative, and any court,	4128
hearing officer, or other necessary individual involved in a case	4129
dealing with the denial of employment to the applicant.	4130

(E) The director of job and family services shall adopt rules	4131
pursuant to Chapter 119. of the Revised Code to implement this	4132
section, including rules specifying circumstances under which a	4133
public children services agency may hire a person who has been	4134
convicted of an offense listed in division (B)(1) of this section	4135
but who meets standards in regard to rehabilitation set by the	4136
department.	4137

(F) Any person required by division (A)(1) of this section to	4138
request a criminal records check shall inform each person, at the	4139
time of the person's initial application for employment, that the	4140
person is required to provide a set of impressions of the person's	4141
fingerprints and that a criminal records check is required to be	4142
conducted and satisfactorily completed in accordance with section	4143
109.572 of the Revised Code if the person comes under final	4144
consideration for appointment or employment as a precondition to	4145
employment for that position.	4146

(G) As used in this section:

4147

(1) "Applicant" means a person who is under final	4148
consideration for appointment or employment in a position with the	4149
agency as a person responsible for the care, custody, or control	4150
of a child.	4151

(2) "Criminal records check" has the same meaning as in	4152
section 109.572 of the Revised Code.	4153

(3) "Minor drug possession offense" has the same meaning as	4154
in section 2925.01 of the Revised Code.	4155

Sec. 5153.122. (A) Each PCSA caseworker hired by a public	4156
children services agency shall complete at least ninety hours of	4157
in-service training during the first year of the caseworker's	4158
continuous employment as a PCSA caseworker, except that the	4159
executive director of the public children services agency may	4160
waive the training requirement for a school of social work	4161
graduate who participated in the university partnership program	4162
described in division (D) of section 5101.141 of the Revised Code.	4163
The training shall consist of courses in recognizing and	4164
preventing child abuse and neglect, assessing riskssafety and	4165
risk, interviewing persons, investigating cases, intervening,	4166
providing services to children and their families, the importance	4167
of and need for accurate data, preparation for court, maintenance	4168
of case record information, and other topics relevant to child	4169
abuse and neglect. The training shall also include courses in the	4170
legal duties of PCSA caseworkers to protect the constitutional and	4171
statutory rights of children and families from the initial time of	4172
contact during investigation through treatment that shall include	4173
instruction regarding parents' rights and the limitations that the	4174
Fourth Amendment to the United States Constitution places upon	4175
caseworkers and their investigations.	4176

After thea PCSA caseworker's first year of continuous	4177
employment as a PCSA caseworker, eachthe caseworker annually	4178
shall complete thirty-six hours of training in areas relevant to	4179
the caseworker's assigned duties.	4180

(B) Each supervisor hired by a public children services	4181
agency shall complete at least sixty hours of in-service training	4182
during the first year of the supervisor's continuous employment in	4183
that position. After the first year of continuous employment as a	4184
supervisor, the supervisor annually shall complete thirty hours of	4185
training in areas relevant to the supervisor's assigned duties.	4186

(C) The director of job and family services shall adopt rules	4187
in accordance with Chapter 119. of the Revised Code as necessary	4188
to implement the training requirements of this section.	4189

During the first two years of continuous employment as a PCSA	4190
caseworker, each PCSA caseworker shall complete at least twelve	4191
hours of training in recognizing the signs of domestic violence	4192
and its relationship to child abuse as established in rules the	4193
director of job and family services shall adopt pursuant to	4194
Chapter 119. of the Revised Code. The twelve hours may be in	4195
addition to the ninety hours of training required during the	4196
caseworker's first year of employment or part of the thirty-six	4197
hours of training required during the second year of employment.	4198

Sec. 5153.123.  Each PCSA caseworker supervisor shall	4199
complete at least sixty hours of in-service training during the	4200
first year of the supervisor's continuous employment as a PCSA	4201
caseworker supervisor. After a PCSA caseworker supervisor's first	4202
year of continuous employment as a PCSA caseworker supervisor, the	4203
supervisor annually shall complete thirty hours of training in	4204
areas relevant to the supervisor's assigned duties. During the	4205
first two years of continuous employment as a PCSA caseworker	4206
supervisor, each PCSA caseworker supervisor shall complete at	4207
least twelve hours of training in recognizing the signs of	4208
domestic violence and its relationship to child abuse as	4209
established in rules the director of job and family services shall	4210
adopt pursuant to Chapter 119. of the Revised Code. The twelve	4211
hours may be in addition to the sixty hours of training required	4212
during the supervisor's first year of employment or part of the	4213
thirty hours of training required during the second year of	4214
employment.	4215

Sec. 5153.124. (A) The director of job and family services	4216
shall adopt rules as necessary to implement the training	4217
requirements of sections 5153.122 and 5153.123 of the Revised	4218
Code.	4219

(B) Notwithstanding sections 5103.33 to 5103.422 and sections	4220
5153.122 to 5153.127 of the Revised Code, the department of job	4221
and family services may require additional training for PCSA	4222
caseworkers and PCSA caseworker supervisors as necessary to comply	4223
with federal requirements.	4224

Sec. 5153.75.        Sec. 5153.125.  Each PCSA caseworker supervisor	4225
employed by a public children services agency that supervises the	4226
work of a caseworker employed by the agency shall work with the	4227
each PCSA caseworker the supervisor supervises to determine the	4228
caseworker's training needs in accordance with, and ensure the	4229
caseworker's compliance with, the training requirements of section	4230
5153.122 of the Revised Code. Once every two years, each PCSA	4231
caseworker and the caseworker's supervisor shall jointly complete	4232
anthe caseworker's individual training needs assessment form	4233
created under section 5153.655103.37 of the Revised Code for each	4234
caseworker.	4235

Sec. 5153.76.        Sec. 5153.126.  The executive director of each public	4236
children services agency or a person designated by the executive	4237
director shall work with each PCSA caseworker supervisor employed	4238
by the agency to determine the supervisor's training needs in	4239
accordance with, and ensure the supervisor's compliance with, the	4240
training requirements of section 5153.1225153.123 of the Revised	4241
Code. Once every two years, each PCSA caseworker supervisor and	4242
the executive director of the public children services agency	4243
employing the supervisor, or designatedthe person designated by	4244
the executive director, shall jointly complete anthe supervisor's	4245
individual training needs assessment form created under section	4246
5153.655103.37 of the Revised Code for each supervisor.	4247

Sec. 5153.77.        Sec. 5153.127.  The executive director of each public	4248
children services agency or a person designated by the executive	4249
director shall collect and maintain the data from individual	4250
training needs assessment formsassessments completed under	4251
sections 5153.755153.125 and 5153.765153.126 of the Revised Code	4252
for each PCSA caseworker and PCSA caseworker supervisor and case	4253
worker employed by the agency. The executive director or	4254
designated person shall compile and forward the data collected	4255
from the completed assessment formsassessments to the regional	4256
training center located inestablished under section 5103.42 of	4257
the Revised Code for the same training region as the agency is	4258
located in.	4259

Sec. 5153.16.  (A) Except as provided in section 2151.422 of	4260
the Revised Code, in accordance with rules of the department of	4261
job and family servicesadopted under section 5153.166 of the	4262
Revised Code, and on behalf of children in the county whom the	4263
public children services agency considers to be in need of public	4264
care or protective services, the public children services agency	4265
shall do all of the following:	4266

(1) Make an investigation concerning any child alleged to be	4267
an abused, neglected, or dependent child;	4268

(2) Enter into agreements with the parent, guardian, or other	4269
person having legal custody of any child, or with the department	4270
of job and family services, department of mental health,	4271
department of mental retardation and developmental disabilities,	4272
other department, any certified organization within or outside the	4273
county, or any agency or institution outside the state, having	4274
legal custody of any child, with respect to the custody, care, or	4275
placement of any child, or with respect to any matter, in the	4276
interests of the child, provided the permanent custody of a child	4277
shall not be transferred by a parent to the public children	4278
services agency without the consent of the juvenile court;	4279

(3) Accept custody of children committed to the public	4280
children services agency by a court exercising juvenile	4281
jurisdiction;	4282

(4) Provide such care as the public children services agency	4283
considers to be in the best interests of any child adjudicated to	4284
be an abused, neglected, or dependent child the agency finds to be	4285
in need of public care or service;	4286

(5) Provide social services to any unmarried girl adjudicated	4287
to be an abused, neglected, or dependent child who is pregnant	4288
with or has been delivered of a child;	4289

(6) Make available to the bureau for children with medical	4290
handicaps of the department of health at its request any	4291
information concerning a crippled child found to be in need of	4292
treatment under sections 3701.021 to 3701.028 of the Revised Code	4293
who is receiving services from the public children services	4294
agency;	4295

(7) Provide temporary emergency care for any child considered	4296
by the public children services agency to be in need of such care,	4297
without agreement or commitment;	4298

(8) Find certified foster homes, within or outside the	4299
county, for the care of children, including handicapped children	4300
from other counties attending special schools in the county;	4301

(9) Subject to the approval of the board of county	4302
commissioners and the state department of job and family services,	4303
establish and operate a training school or enter into an agreement	4304
with any municipal corporation or other political subdivision of	4305
the county respecting the operation, acquisition, or maintenance	4306
of any children's home, training school, or other institution for	4307
the care of children maintained by such municipal corporation or	4308
political subdivision;	4309

(10) Acquire and operate a county children's home, establish,	4310
maintain, and operate a receiving home for the temporary care of	4311
children, or procure certified foster homes for this purpose;	4312

(11) Enter into an agreement with the trustees of any	4313
district children's home, respecting the operation of the district	4314
children's home in cooperation with the other county boards in the	4315
district;	4316

(12) Cooperate with, make its services available to, and act	4317
as the agent of persons, courts, the department of job and family	4318
services, the department of health, and other organizations within	4319
and outside the state, in matters relating to the welfare of	4320
children, except that the public children services agency shall	4321
not be required to provide supervision of or other services	4322
related to the exercise of parenting time rights granted pursuant	4323
to section 3109.051 or 3109.12 of the Revised Code or	4324
companionship or visitation rights granted pursuant to section	4325
3109.051, 3109.11, or 3109.12 of the Revised Code unless a	4326
juvenile court, pursuant to Chapter 2151. of the Revised Code, or	4327
a common pleas court, pursuant to division (E)(6) of section	4328
3113.31 of the Revised Code, requires the provision of supervision	4329
or other services related to the exercise of the parenting time	4330
rights or companionship or visitation rights;	4331

(13) Make investigations at the request of any superintendent	4332
of schools in the county or the principal of any school concerning	4333
the application of any child adjudicated to be an abused,	4334
neglected, or dependent child for release from school, where such	4335
service is not provided through a school attendance department;	4336

(14) Administer funds provided under Title IV-E of the	4337
"Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as	4338
amended, in accordance with rules adopted under section 5101.141	4339
of the Revised Code;	4340

(15) In addition to administering Title IV-E adoption	4341
assistance funds, enter into agreements to make adoption	4342
assistance payments under section 5153.163 of the Revised Code;	4343

(16) Implement a system of safety and risk assessment, in	4344
accordance with rules adopted by the director of job and family	4345
services, to assist the public children services agency in	4346
determining the risk of abuse or neglect to a child;	4347

(17) Enter into a plan of cooperation with the board of	4348
county commissioners under section 307.983 of the Revised Code and	4349
comply with each fiscal agreement the board enters into under	4350
section 307.98 of the Revised Code that include family services	4351
duties of public children services agencies and contracts the	4352
board enters into under sections 307.981 and 307.982 of the	4353
Revised Code that affect the public children services agency;	4354

(18) Make reasonable efforts to prevent the removal of an	4355
alleged or adjudicated abused, neglected, or dependent child from	4356
the child's home, eliminate the continued removal of the child	4357
from the child's home, or make it possible for the child to return	4358
home safely, except that reasonable efforts of that nature are not	4359
required when a court has made a determination under division	4360
(A)(2) of section 2151.419 of the Revised Code;	4361

(19) Make reasonable efforts to place the child in a timely	4362
manner in accordance with the permanency plan approved under	4363
division (E) of section 2151.417 of the Revised Code and to	4364
complete whatever steps are necessary to finalize the permanent	4365
placement of the child;	4366

(20) Administer a Title IV-A program identified under	4367
division (A)(4)(c) or (f) of section 5101.80 of the Revised Code	4368
that the department of job and family services provides for the	4369
public children services agency to administer under the	4370
department's supervision pursuant to section 5101.801 of the	4371
Revised Code;	4372

(21) Administer the kinship permanency incentive program	4373
created under section 5101.802 of the Revised Code under the	4374
supervision of the director of job and family services;	4375

(22) Provide independent living services pursuant to sections	4376
2151.81 to 2151.84 of the Revised Code.	4377

(B) The public children services agency shall use the system	4378
implemented pursuant to division (B)(A)(16) of this section in	4379
connection with an investigation undertaken pursuant to division	4380
(F)(1) of section 2151.421 of the Revised Code and may use the	4381
system at any other time the agency is involved with any child	4382
when the agency determines that risk assessment is necessaryto	4383
assess both of the following:	4384

(1) The ongoing safety of the child;

4385

(2) The appropriateness of the intensity and duration of the	4386
services provided to meet child and family needs throughout the	4387
duration of a case.	4388

(C) Except as provided in section 2151.422 of the Revised	4389
Code, in accordance with rules of the director of job and family	4390
services, and on behalf of children in the county whom the public	4391
children services agency considers to be in need of public care or	4392
protective services, the public children services agency may do	4393
the following:	4394

(1) Provide or find, with other child serving systems,	4395
specialized foster care for the care of children in a specialized	4396
foster home, as defined in section 5103.02 of the Revised Code,	4397
certified under section 5103.03 of the Revised Code;	4398

(2)(a) Except as limited by divisions (C)(2)(b) and (c) of	4399
this section, contract with the following for the purpose of	4400
assisting the agency with its duties:	4401

(i) County departments of job and family services;

4402

(ii) Boards of alcohol, drug addiction, and mental health	4403
services;	4404

(iii) County boards of mental retardation and developmental	4405
disabilities;	4406

(iv) Regional councils of political subdivisions established	4407
under Chapter 167. of the Revised Code;	4408

(v) Private and government providers of services;

4409

(vi) Managed care organizations and prepaid health plans.

4410

(b) A public children services agency contract under division	4411
(C)(2)(a) of this section regarding the agency's duties under	4412
section 2151.421 of the Revised Code may not provide for the	4413
entity under contract with the agency to perform any service not	4414
authorized by the department's rules.	4415

(c) Only a county children services board appointed under	4416
section 5153.03 of the Revised Code that is a public children	4417
services agency may contract under division (C)(2)(a) of this	4418
section. If an entity specified in division (B) or (C) of section	4419
5153.02 of the Revised Code is the public children services agency	4420
for a county, the board of county commissioners may enter into	4421
contracts pursuant to section 307.982 of the Revised Code	4422
regarding the agency's duties.	4423

Sec. 5153.166. In addition to other rules specifically	4424
authorized by the Revised Code, the director of job and family	4425
services may adopt rules governing public children services	4426
agencies' performance of their family services duties, including	4427
the family services duties that public children services agencies	4428
have under sections 5153.16 to 5153.19 of the Revised Code.	4429

Sec. 5153.17.  The public children services agency shall	4430
prepare and keep written records of investigations of families,	4431
children, and foster homes, and of the care, training, and	4432
treatment afforded children, and shall prepare and keep such other	4433
records as are required by the department of job and family	4434
services. Such records shall be confidential, but, except as	4435
provided by division (B) of section 3107.17 of the Revised Code,	4436
shall be open to inspection by the agency, the director of job and	4437
family services, the director of the county department of job and	4438
family services, and by other persons, upon the written permission	4439
of the executive secretarydirector.	4440

Section 2. That existing sections 109.57, 109.572, 109.60,	4441
1347.08, 1717.14, 2151.011, 2151.281, 2151.353, 2151.416,	4442
2151.421, 3107.014, 3107.015, 3107.016, 3107.031, 3107.032,	4443
3107.17, 3109.16, 3109.17, 5101.141, 5101.29, 5101.35, 5101.72,	4444
5101.99, 5103.031, 5103.033, 5103.034, 5103.035, 5103.036,	4445
5103.038, 5103.039, 5103.0311, 5103.0312, 5103.0313, 5103.0315,	4446
5103.07, 5104.01, 5104.11, 5104.31, 5153.01, 5153.111, 5153.122,	4447
5153.16, 5153.17, 5153.60, 5153.61, 5153.62, 5153.63, 5153.64,	4448
5153.65, 5153.66, 5153.67, 5153.70, 5153.71, 5153.72, 5153.73,	4449
5153.74, 5153.75, 5153.76, 5153.77, and 5153.78 and sections	4450
5103.037, 5153.68, and 5153.69 of the Revised Code are hereby	4451
repealed.	4452

Section 3.  The Department of Job and Family Services shall	4453
develop, implement, oversee, and evaluate, on a pilot basis, an	4454
"Alternative Response" approach to reports of child abuse,	4455
neglect, and dependency. The pilot program shall be implemented in	4456
not more than ten counties that are selected by the Department and	4457
that agree to participate in the pilot program.	4458

The pilot program shall last eighteen months, not including	4459
time expended in preparation for the implementation of the pilot	4460
program and any post-pilot program evaluation activity.	4461

The Department shall assure that the Alternative Response	4462
pilot is independently evaluated with respect to outcomes for	4463
children and families, costs, worker satisfaction, and any other	4464
criteria the Department determines will be useful in the	4465
consideration of statewide implementation of an Alternative	4466
Response approach to child protection. The measure associated with	4467
the eighteen-month pilot program shall, for the purposes of the	4468
evaluation, be compared with those same measures in the pilot	4469
counties during the eighteen-month period immediately preceding	4470
the beginning of the pilot-program period.	4471

The Department may adopt rules in accordance with section	4472
111.15 of the Revised Code, as if they were internal management	4473
rules, as necessary to carry out the purposes of this section.	4474

Section 4. The General Assembly hereby respectfully requests	4475
that the Supreme Court adopt rules regarding the standards,	4476
qualifications, and service of guardians ad litem.	4477

Section 5.  Section 109.572 of the Revised Code is presented	4478
in this act as a composite of the section as amended by both Am.	4479
Sub. H.B. 11 and Am. Sub. H.B. 117 of the 125th General Assembly	4480
and Am. Sub. H.B. 68 of the 126th General Assembly. Section	4481
2151.011 of the Revised Code is presented in this act as a	4482
composite of the section as amended by both Am. Sub. H.B. 11 and	4483
Am. Sub. H.B. 106 of the 125th General Assembly. Section 2151.421	4484
of the Revised Code is presented in this act as a composite of the	4485
section as amended by both Sub. S.B. 66 and Sub. S.B. 185 of the	4486
125th General Assembly. The General Assembly, applying the	4487
principle stated in division (B) of section 1.52 of the Revised	4488
Code that amendments are to be harmonized if reasonably capable of	4489
simultaneous operation, finds that the composites are the	4490
resulting version of the sections in effect prior to the effective	4491
dates of the sections as presented in this act.	4492