As Reported by the House Criminal Justice Committee

127th General Assembly Regular Session 2007-2008

Sub. H. B. No. 213

Representatives Combs, Wagner 

Cosponsors: Representatives McGregor, J., Evans, Yuko, Brown, Stebelton, Hughes 

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A BILL

To amend sections 109.57, 109.572, 109.60, 109.99,

1

2151.413, 2151.414, 2151.417, 2151.419, 2151.421,

2

2151.424, 2151.86, 3107.033, 3107.034, 3107.14,

3

5101.13, 5101.132, 5101.134, 5103.03, 5103.0319,

4

5103.0326, 5103.16, 5103.18, 5104.011, 5104.012,

5

5104.013, 5104.09, and 5104.30 and to enact

6

sections 109.581, 1901.43, 1907.181, 2301.10,

7

3107.062, 5101.32, 5103.0328, and 5104.022 of the

8

Revised Code to improve foster caregiver

9

background checks, clarify when a court must order

10

a person to be fingerprinted, establish the

11

retained applicant fingerprint database, and make

12

other changes in the law regarding approval of

13

out-of-home care workers, adoptive parents, foster

14

caregivers, and child day-cares.

15

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

Section 1. That sections 109.57, 109.572, 109.60, 109.99,	16
2151.413, 2151.414, 2151.417, 2151.419, 2151.421, 2151.424,	17
2151.86, 3107.033, 3107.034, 3107.14, 5101.13, 5101.132, 5101.134,	18
5103.03, 5103.0319, 5103.0326, 5103.16, 5103.18, 5104.011,	19
5104.012, 5104.013, 5104.09, and 5104.30 be amended and sections	20
109.581, 1901.43, 1907.181, 2301.10, 3107.062, 5101.32, 5103.0328,	21
and 5104.022 of the Revised Code be enacted to read as follows:	22

Sec. 109.57.  (A)(1) The superintendent of the bureau of	23
criminal identification and investigation shall procure from	24
wherever procurable and file for record photographs, pictures,	25
descriptions, fingerprints, measurements, and other information	26
that may be pertinent of all persons who have been convicted of	27
committing within this state a felony, any crime constituting a	28
misdemeanor on the first offense and a felony on subsequent	29
offenses, or any misdemeanor described in division (A)(1)(a),	30
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,	31
of all children under eighteen years of age who have been	32
adjudicated delinquent children for committing within this state	33
an act that would be a felony or an offense of violence if	34
committed by an adult or who have been convicted of or pleaded	35
guilty to committing within this state a felony or an offense of	36
violence, and of all well-known and habitual criminals. The person	37
in charge of any county, multicounty, municipal, municipal-county,	38
or multicounty-municipal jail or workhouse, community-based	39
correctional facility, halfway house, alternative residential	40
facility, or state correctional institution and the person in	41
charge of any state institution having custody of a person	42
suspected of having committed a felony, any crime constituting a	43
misdemeanor on the first offense and a felony on subsequent	44
offenses, or any misdemeanor described in division (A)(1)(a),	45
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code or	46
having custody of a child under eighteen years of age with respect	47
to whom there is probable cause to believe that the child may have	48
committed an act that would be a felony or an offense of violence	49
if committed by an adult shall furnish such material to the	50
superintendent of the bureau. Fingerprints, photographs, or other	51
descriptive information of a child who is under eighteen years of	52
age, has not been arrested or otherwise taken into custody for	53
committing an act that would be a felony or an offense of violence	54
if committed by an adult, has not been adjudicated a delinquent	55
child for committing an act that would be a felony or an offense	56
of violence if committed by an adult, has not been convicted of or	57
pleaded guilty to committing a felony or an offense of violence,	58
who is not in any other category of child specified in this	59
division, and is not a child with respect to whom there is	60
probable cause to believe that the child may have committed an act	61
that would be a felony or an offense of violence if committed by	62
an adult shall not be procured by the superintendent or furnished	63
by any person in charge of any county, multicounty, municipal,	64
municipal-county, or multicounty-municipal jail or workhouse,	65
community-based correctional facility, halfway house, alternative	66
residential facility, or state correctional institution, except as	67
authorized in section 2151.313 of the Revised Code.	68

(2) Every clerk of a court of record in this state, other	69
than the supreme court or a court of appeals, shall send to the	70
superintendent of the bureau a weekly report containing a summary	71
of each case involving a felony, involving any crime constituting	72
a misdemeanor on the first offense and a felony on subsequent	73
offenses, involving a misdemeanor described in division (A)(1)(a),	74
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,	75
or involving an adjudication in a case in which a child under	76
eighteen years of age was alleged to be a delinquent child for	77
committing an act that would be a felony or an offense of violence	78
if committed by an adult. The clerk of the court of common pleas	79
shall include in the report and summary the clerk sends under this	80
division all information described in divisions (A)(2)(a) to (f)	81
of this section regarding a case before the court of appeals that	82
is served by that clerk. The summary shall be written on the	83
standard forms furnished by the superintendent pursuant to	84
division (B) of this section and shall include the following	85
information:	86

(a) The incident tracking number contained on the standard	87
forms furnished by the superintendent pursuant to division (B) of	88
this section;	89

(b) The style and number of the case;

90

(c) The date of arrest, offense, summons, or arraignment;

91

(d) The date that the person was convicted of or pleaded	92
guilty to the offense, adjudicated a delinquent child for	93
committing the act that would be a felony or an offense of	94
violence if committed by an adult, found not guilty of the	95
offense, or found not to be a delinquent child for committing an	96
act that would be a felony or an offense of violence if committed	97
by an adult, the date of an entry dismissing the charge, an entry	98
declaring a mistrial of the offense in which the person is	99
discharged, an entry finding that the person or child is not	100
competent to stand trial, or an entry of a nolle prosequi, or the	101
date of any other determination that constitutes final resolution	102
of the case;	103

(e) A statement of the original charge with the section of	104
the Revised Code that was alleged to be violated;	105

(f) If the person or child was convicted, pleaded guilty, or	106
was adjudicated a delinquent child, the sentence or terms of	107
probation imposed or any other disposition of the offender or the	108
delinquent child.	109

If the offense involved the disarming of a law enforcement	110
officer or an attempt to disarm a law enforcement officer, the	111
clerk shall clearly state that fact in the summary, and the	112
superintendent shall ensure that a clear statement of that fact is	113
placed in the bureau's records.	114

(3) The superintendent shall cooperate with and assist	115
sheriffs, chiefs of police, and other law enforcement officers in	116
the establishment of a complete system of criminal identification	117
and in obtaining fingerprints and other means of identification of	118
all persons arrested on a charge of a felony, any crime	119
constituting a misdemeanor on the first offense and a felony on	120
subsequent offenses, or a misdemeanor described in division	121
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the	122
Revised Code and of all children under eighteen years of age	123
arrested or otherwise taken into custody for committing an act	124
that would be a felony or an offense of violence if committed by	125
an adult. The superintendent also shall file for record the	126
fingerprint impressions of all persons confined in a county,	127
multicounty, municipal, municipal-county, or multicounty-municipal	128
jail or workhouse, community-based correctional facility, halfway	129
house, alternative residential facility, or state correctional	130
institution for the violation of state laws and of all children	131
under eighteen years of age who are confined in a county,	132
multicounty, municipal, municipal-county, or multicounty-municipal	133
jail or workhouse, community-based correctional facility, halfway	134
house, alternative residential facility, or state correctional	135
institution or in any facility for delinquent children for	136
committing an act that would be a felony or an offense of violence	137
if committed by an adult, and any other information that the	138
superintendent may receive from law enforcement officials of the	139
state and its political subdivisions.	140

(4) The superintendent shall carry out Chapter 2950. of the	141
Revised Code with respect to the registration of persons who are	142
convicted of or plead guilty to either a sexually oriented offense	143
that is not a registration-exempt sexually oriented offense or a	144
child-victim oriented offense and with respect to all other duties	145
imposed on the bureau under that chapter.	146

(5) The bureau shall perform centralized recordkeeping	147
functions for criminal history records and services in this state	148
for purposes of the national crime prevention and privacy compact	149
set forth in section 109.571 of the Revised Code and is the	150
criminal history record repository as defined in that section for	151
purposes of that compact. The superintendent or the	152
superintendent's designee is the compact officer for purposes of	153
that compact and shall carry out the responsibilities of the	154
compact officer specified in that compact.	155

(B) The superintendent shall prepare and furnish to every	156
county, multicounty, municipal, municipal-county, or	157
multicounty-municipal jail or workhouse, community-based	158
correctional facility, halfway house, alternative residential	159
facility, or state correctional institution and to every clerk of	160
a court in this state specified in division (A)(2) of this section	161
standard forms for reporting the information required under	162
division (A) of this section. The standard forms that the	163
superintendent prepares pursuant to this division may be in a	164
tangible format, in an electronic format, or in both tangible	165
formats and electronic formats.	166

(C) The superintendent may operate a center for electronic,	167
automated, or other data processing for the storage and retrieval	168
of information, data, and statistics pertaining to criminals and	169
to children under eighteen years of age who are adjudicated	170
delinquent children for committing an act that would be a felony	171
or an offense of violence if committed by an adult, criminal	172
activity, crime prevention, law enforcement, and criminal justice,	173
and may establish and operate a statewide communications network	174
to gather and disseminate information, data, and statistics for	175
the use of law enforcement agencies. The superintendent may	176
gather, store, retrieve, and disseminate information, data, and	177
statistics that pertain to children who are under eighteen years	178
of age and that are gathered pursuant to sections 109.57 to 109.61	179
of the Revised Code together with information, data, and	180
statistics that pertain to adults and that are gathered pursuant	181
to those sections. In addition to any other authorized use of	182
information, data, and statistics of that nature, the	183
superintendent or the superintendent's designee may provide and	184
exchange the information, data, and statistics pursuant to the	185
national crime prevention and privacy compact as described in	186
division (A)(5) of this section.	187

(D) The information and materials furnished to the	188
superintendent pursuant to division (A) of this section and	189
information and materials furnished to any board or person under	190
division (F) or (G) of this section are not public records under	191
section 149.43 of the Revised Code.	192

(E) The attorney general shall adopt rules, in accordance	193
with Chapter 119. of the Revised Code, setting forth the procedure	194
by which a person may receive or release information gathered by	195
the superintendent pursuant to division (A) of this section. A	196
reasonable fee may be charged for this service. If a temporary	197
employment service submits a request for a determination of	198
whether a person the service plans to refer to an employment	199
position has been convicted of or pleaded guilty to an offense	200
listed in division (A)(1), (3), (4), (5), or (6) of section	201
109.572 of the Revised Code, the request shall be treated as a	202
single request and only one fee shall be charged.	203

(F)(1) As used in division (F)(2) of this section, "head	204
start agency" means an entity in this state that has been approved	205
to be an agency for purposes of subchapter II of the "Community	206
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	207
as amended.	208

(2)(a) In addition to or in conjunction with any request that	209
is required to be made under section 109.572, 2151.86, 3301.32,	210
3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 5123.081,	211
5126.28, 5126.281, or 5153.111 of the Revised Code, the board of	212
education of any school district; the director of mental	213
retardation and developmental disabilities; any county board of	214
mental retardation and developmental disabilities; any entity	215
under contract with a county board of mental retardation and	216
developmental disabilities; the chief administrator of any	217
chartered nonpublic school; the chief administrator of any home	218
health agency; the chief administrator of or person operating any	219
child day-care center, type A family day-care home, or type B	220
family day-care home licensed or certified under Chapter 5104. of	221
the Revised Code; the administrator of any type C family day-care	222
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st	223
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st	224
general assembly; the chief administrator of any head start	225
agency; or the executive director of a public children services	226
agency may request that the superintendent of the bureau	227
investigate and determine, with respect to any individual who has	228
applied for employment in any position after October 2, 1989, or	229
any individual wishing to apply for employment with a board of	230
education may request, with regard to the individual, whether the	231
bureau has any information gathered under division (A) of this	232
section that pertains to that individual. On receipt of the	233
request, the superintendent shall determine whether that	234
information exists and, upon request of the person, board, or	235
entity requesting information, also shall request from the federal	236
bureau of investigation any criminal records it has pertaining to	237
that individual. The superintendent or the superintendent's	238
designee also may request criminal history records from other	239
states or the federal government pursuant to the national crime	240
prevention and privacy compact set forth in section 109.571 of the	241
Revised Code. Within thirty days of the date that the	242
superintendent receives a request, the superintendent shall send	243
to the board, entity, or person a report of any information that	244
the superintendent determines exists, including information	245
contained in records that have been sealed under section 2953.32	246
of the Revised Code, and, within thirty days of its receipt, shall	247
send the board, entity, or person a report of any information	248
received from the federal bureau of investigation, other than	249
information the dissemination of which is prohibited by federal	250
law.	251

(b) When a board of education is required to receive	252
information under this section as a prerequisite to employment of	253
an individual pursuant to section 3319.39 of the Revised Code, it	254
may accept a certified copy of records that were issued by the	255
bureau of criminal identification and investigation and that are	256
presented by an individual applying for employment with the	257
district in lieu of requesting that information itself. In such a	258
case, the board shall accept the certified copy issued by the	259
bureau in order to make a photocopy of it for that individual's	260
employment application documents and shall return the certified	261
copy to the individual. In a case of that nature, a district only	262
shall accept a certified copy of records of that nature within one	263
year after the date of their issuance by the bureau.	264

(3) The state board of education may request, with respect to	265
any individual who has applied for employment after October 2,	266
1989, in any position with the state board or the department of	267
education, any information that a school district board of	268
education is authorized to request under division (F)(2) of this	269
section, and the superintendent of the bureau shall proceed as if	270
the request has been received from a school district board of	271
education under division (F)(2) of this section.	272

(4) When the superintendent of the bureau receives a request	273
for information under section 3319.291 of the Revised Code, the	274
superintendent shall proceed as if the request has been received	275
from a school district board of education under division (F)(2) of	276
this section.	277

(5) When a recipient of a classroom reading improvement grant	278
paid under section 3301.86 of the Revised Code requests, with	279
respect to any individual who applies to participate in providing	280
any program or service funded in whole or in part by the grant,	281
the information that a school district board of education is	282
authorized to request under division (F)(2)(a) of this section,	283
the superintendent of the bureau shall proceed as if the request	284
has been received from a school district board of education under	285
division (F)(2)(a) of this section.	286

(G) In addition to or in conjunction with any request that is	287
required to be made under section 3701.881, 3712.09, 3721.121, or	288
3722.151 of the Revised Code with respect to an individual who has	289
applied for employment in a position that involves providing	290
direct care to an older adult, the chief administrator of a home	291
health agency, hospice care program, home licensed under Chapter	292
3721. of the Revised Code, adult day-care program operated	293
pursuant to rules adopted under section 3721.04 of the Revised	294
Code, or adult care facility may request that the superintendent	295
of the bureau investigate and determine, with respect to any	296
individual who has applied after January 27, 1997, for employment	297
in a position that does not involve providing direct care to an	298
older adult, whether the bureau has any information gathered under	299
division (A) of this section that pertains to that individual.	300

In addition to or in conjunction with any request that is	301
required to be made under section 173.27 of the Revised Code with	302
respect to an individual who has applied for employment in a	303
position that involves providing ombudsperson services to	304
residents of long-term care facilities or recipients of	305
community-based long-term care services, the state long-term care	306
ombudsperson, ombudsperson's designee, or director of health may	307
request that the superintendent investigate and determine, with	308
respect to any individual who has applied for employment in a	309
position that does not involve providing such ombudsperson	310
services, whether the bureau has any information gathered under	311
division (A) of this section that pertains to that applicant.	312

In addition to or in conjunction with any request that is	313
required to be made under section 173.394 of the Revised Code with	314
respect to an individual who has applied for employment in a	315
position that involves providing direct care to an individual, the	316
chief administrator of a community-based long-term care agency may	317
request that the superintendent investigate and determine, with	318
respect to any individual who has applied for employment in a	319
position that does not involve providing direct care, whether the	320
bureau has any information gathered under division (A) of this	321
section that pertains to that applicant.	322

On receipt of a request under this division, the	323
superintendent shall determine whether that information exists	324
and, on request of the individual requesting information, shall	325
also request from the federal bureau of investigation any criminal	326
records it has pertaining to the applicant. The superintendent or	327
the superintendent's designee also may request criminal history	328
records from other states or the federal government pursuant to	329
the national crime prevention and privacy compact set forth in	330
section 109.571 of the Revised Code. Within thirty days of the	331
date a request is received, the superintendent shall send to the	332
requester a report of any information determined to exist,	333
including information contained in records that have been sealed	334
under section 2953.32 of the Revised Code, and, within thirty days	335
of its receipt, shall send the requester a report of any	336
information received from the federal bureau of investigation,	337
other than information the dissemination of which is prohibited by	338
federal law.	339

(H) Information obtained by a government entity or person	340
under this section is confidential and shall not be released or	341
disseminated.	342

(I) The superintendent may charge a reasonable fee for	343
providing information or criminal records under division (F)(2) or	344
(G) of this section.	345

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	346
section 121.08, 3301.32, 3301.541, or 3319.39, 5104.012, or	347
5104.013 of the Revised Code, a completed form prescribed pursuant	348
to division (C)(1) of this section, and a set of fingerprint	349
impressions obtained in the manner described in division (C)(2) of	350
this section, the superintendent of the bureau of criminal	351
identification and investigation shall conduct a criminal records	352
check in the manner described in division (B) of this section to	353
determine whether any information exists that indicates that the	354
person who is the subject of the request previously has been	355
convicted of or pleaded guilty to any of the following:	356

(a) A violation of section 2903.01, 2903.02, 2903.03,	357
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	358
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	359
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	360
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	361
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	362
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	363
2925.06, or 3716.11 of the Revised Code, felonious sexual	364
penetration in violation of former section 2907.12 of the Revised	365
Code, a violation of section 2905.04 of the Revised Code as it	366
existed prior to July 1, 1996, a violation of section 2919.23 of	367
the Revised Code that would have been a violation of section	368
2905.04 of the Revised Code as it existed prior to July 1, 1996,	369
had the violation been committed prior to that date, or a	370
violation of section 2925.11 of the Revised Code that is not a	371
minor drug possession offense;	372

(b) A violation of an existing or former law of this state,	373
any other state, or the United States that is substantially	374
equivalent to any of the offenses listed in division (A)(1)(a) of	375
this section.	376

(2) On receipt of a request pursuant to section 5123.081 of	377
the Revised Code with respect to an applicant for employment in	378
any position with the department of mental retardation and	379
developmental disabilities, pursuant to section 5126.28 of the	380
Revised Code with respect to an applicant for employment in any	381
position with a county board of mental retardation and	382
developmental disabilities, or pursuant to section 5126.281 of the	383
Revised Code with respect to an applicant for employment in a	384
direct services position with an entity contracting with a county	385
board for employment, a completed form prescribed pursuant to	386
division (C)(1) of this section, and a set of fingerprint	387
impressions obtained in the manner described in division (C)(2) of	388
this section, the superintendent of the bureau of criminal	389
identification and investigation shall conduct a criminal records	390
check. The superintendent shall conduct the criminal records check	391
in the manner described in division (B) of this section to	392
determine whether any information exists that indicates that the	393
person who is the subject of the request has been convicted of or	394
pleaded guilty to any of the following:	395

(a) A violation of section 2903.01, 2903.02, 2903.03,	396
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	397
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,	398
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,	399
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	400
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,	401
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,	402
2925.03, or 3716.11 of the Revised Code;	403

(b) An existing or former municipal ordinance or law of this	404
state, any other state, or the United States that is substantially	405
equivalent to any of the offenses listed in division (A)(2)(a) of	406
this section.	407

(3) On receipt of a request pursuant to section 173.27,	408
173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a	409
completed form prescribed pursuant to division (C)(1) of this	410
section, and a set of fingerprint impressions obtained in the	411
manner described in division (C)(2) of this section, the	412
superintendent of the bureau of criminal identification and	413
investigation shall conduct a criminal records check with respect	414
to any person who has applied for employment in a position for	415
which a criminal records check is required by those sections. The	416
superintendent shall conduct the criminal records check in the	417
manner described in division (B) of this section to determine	418
whether any information exists that indicates that the person who	419
is the subject of the request previously has been convicted of or	420
pleaded guilty to any of the following:	421

(a) A violation of section 2903.01, 2903.02, 2903.03,	422
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	423
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	424
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	425
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	426
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	427
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	428
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	429
2925.22, 2925.23, or 3716.11 of the Revised Code;	430

(b) An existing or former law of this state, any other state,	431
or the United States that is substantially equivalent to any of	432
the offenses listed in division (A)(3)(a) of this section.	433

(4) On receipt of a request pursuant to section 3701.881 of	434
the Revised Code with respect to an applicant for employment with	435
a home health agency as a person responsible for the care,	436
custody, or control of a child, a completed form prescribed	437
pursuant to division (C)(1) of this section, and a set of	438
fingerprint impressions obtained in the manner described in	439
division (C)(2) of this section, the superintendent of the bureau	440
of criminal identification and investigation shall conduct a	441
criminal records check. The superintendent shall conduct the	442
criminal records check in the manner described in division (B) of	443
this section to determine whether any information exists that	444
indicates that the person who is the subject of the request	445
previously has been convicted of or pleaded guilty to any of the	446
following:	447

(a) A violation of section 2903.01, 2903.02, 2903.03,	448
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	449
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	450
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	451
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	452
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	453
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	454
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	455
violation of section 2925.11 of the Revised Code that is not a	456
minor drug possession offense;	457

(b) An existing or former law of this state, any other state,	458
or the United States that is substantially equivalent to any of	459
the offenses listed in division (A)(4)(a) of this section.	460

(5) On receipt of a request pursuant to section 5111.95 or	461
5111.96 of the Revised Code with respect to an applicant for	462
employment with a waiver agency participating in a department of	463
job and family services administered home and community-based	464
waiver program or an independent provider participating in a	465
department administered home and community-based waiver program in	466
a position that involves providing home and community-based waiver	467
services to consumers with disabilities, a completed form	468
prescribed pursuant to division (C)(1) of this section, and a set	469
of fingerprint impressions obtained in the manner described in	470
division (C)(2) of this section, the superintendent of the bureau	471
of criminal identification and investigation shall conduct a	472
criminal records check. The superintendent shall conduct the	473
criminal records check in the manner described in division (B) of	474
this section to determine whether any information exists that	475
indicates that the person who is the subject of the request	476
previously has been convicted of or pleaded guilty to any of the	477
following:	478

(a) A violation of section 2903.01, 2903.02, 2903.03,	479
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	480
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	481
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	482
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	483
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13,	484
2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40,	485
2913.43, 2913.47, 2913.51, 2919.12, 2919.24, 2919.25, 2921.36,	486
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	487
2925.06, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the	488
Revised Code, felonious sexual penetration in violation of former	489
section 2907.12 of the Revised Code, a violation of section	490
2905.04 of the Revised Code as it existed prior to July 1, 1996, a	491
violation of section 2919.23 of the Revised Code that would have	492
been a violation of section 2905.04 of the Revised Code as it	493
existed prior to July 1, 1996, had the violation been committed	494
prior to that date;	495

(b) An existing or former law of this state, any other state,	496
or the United States that is substantially equivalent to any of	497
the offenses listed in division (A)(5)(a) of this section.	498

(6) On receipt of a request pursuant to section 3701.881 of	499
the Revised Code with respect to an applicant for employment with	500
a home health agency in a position that involves providing direct	501
care to an older adult, a completed form prescribed pursuant to	502
division (C)(1) of this section, and a set of fingerprint	503
impressions obtained in the manner described in division (C)(2) of	504
this section, the superintendent of the bureau of criminal	505
identification and investigation shall conduct a criminal records	506
check. The superintendent shall conduct the criminal records check	507
in the manner described in division (B) of this section to	508
determine whether any information exists that indicates that the	509
person who is the subject of the request previously has been	510
convicted of or pleaded guilty to any of the following:	511

(a) A violation of section 2903.01, 2903.02, 2903.03,	512
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	513
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	514
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	515
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	516
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	517
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	518
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	519
2925.22, 2925.23, or 3716.11 of the Revised Code;	520

(b) An existing or former law of this state, any other state,	521
or the United States that is substantially equivalent to any of	522
the offenses listed in division (A)(6)(a) of this section.	523

(7) When conducting a criminal records check upon a request	524
pursuant to section 3319.39 of the Revised Code for an applicant	525
who is a teacher, in addition to the determination made under	526
division (A)(1) of this section, the superintendent shall	527
determine whether any information exists that indicates that the	528
person who is the subject of the request previously has been	529
convicted of or pleaded guilty to any offense specified in section	530
3319.31 of the Revised Code.	531

(8) On receipt of a request pursuant to section 2151.86 of	532
the Revised Code, a completed form prescribed pursuant to division	533
(C)(1) of this section, and a set of fingerprint impressions	534
obtained in the manner described in division (C)(2) of this	535
section, the superintendent of the bureau of criminal	536
identification and investigation shall conduct a criminal records	537
check in the manner described in division (B) of this section to	538
determine whether any information exists that indicates that the	539
person who is the subject of the request previously has been	540
convicted of or pleaded guilty to any of the following:	541

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	542
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,	543
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02,	544
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	545
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	546
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,	547
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,	548
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,	549
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11	550
of the Revised Code, a violation of section 2905.04 of the Revised	551
Code as it existed prior to July 1, 1996, a violation of section	552
2919.23 of the Revised Code that would have been a violation of	553
section 2905.04 of the Revised Code as it existed prior to July 1,	554
1996, had the violation been committed prior to that date, a	555
violation of section 2925.11 of the Revised Code that is not a	556
minor drug possession offense, two or more OVI or OVUAC violations	557
committed within the three years immediately preceding the	558
submission of the application or petition that is the basis of the	559
request, or felonious sexual penetration in violation of former	560
section 2907.12 of the Revised Code;	561

(b) A violation of an existing or former law of this state,	562
any other state, or the United States that is substantially	563
equivalent to any of the offenses listed in division (A)(8)(a) of	564
this section.	565

(9) When conducting a criminal records check onUpon receipt	566
of a request pursuant to section 5104.012 or 5104.013 of the	567
Revised Code for a person who is an owner, licensee, or	568
administrator of a child day-care center or type A family day-care	569
home, an authorized provider of a certified type B family day-care	570
home, or an adult residing in a type A or certified type B home,	571
or when conducting a criminal records check or a request pursuant	572
to section 5104.012 of the Revised Code for a person who is an	573
applicant for employment in a center, type A home, or certified	574
type B home, the superintendent, in addition to the determination	575
made under division (A)(1) of this section, shall, a completed	576
form prescribed pursuant to division (C)(1) of this section, and a	577
set of fingerprint impressions obtained in the manner described in	578
division (C)(2) of this section, the superintendent of the bureau	579
of criminal identification and investigation shall conduct a	580
criminal records check in the manner described in division (B) of	581
this section to determine whether any information exists that	582
indicates that the person who is the subject of the request has	583
been convicted of or pleaded guilty to any of the following:	584

(a) A violation of section 2903.01, 2903.02, 2903.03,	585
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,	586
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	587
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	588
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	589
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,	590
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	591
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	592
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,	593
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, or 2923.01, 2923.12,	594
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or	595
3716.11 of the Revised Code, felonious sexual penetration in	596
violation of former section 2907.12 of the Revised Code, a	597
violation of section 2905.04 of the Revised Code as it existed	598
prior to July 1, 1996, a violation of section 2919.23 of the	599
Revised Code that would have been a violation of section 2905.04	600
of the Revised Code as it existed prior to July 1, 1996, had the	601
violation been committed prior to that date, a violation of	602
section 2925.11 of the Revised Code that is not a minor drug	603
possession offense, a violation of section 2923.02 or 2923.03 of	604
the Revised Code that relates to a crime specified in this	605
division or division (A)(1)(a) of this section, or a second	606
violation of section 4511.19 of the Revised Code within five years	607
of the date of application for licensure or certification.	608

(b) A violation of an existing or former law of this state,	609
any other state, or the United States that is substantially	610
equivalent to any of the offenses or violations described in	611
division (A)(9)(a) of this section.	612

(10) Upon receipt of a request pursuant to section 5153.111	613
of the Revised Code, a completed form prescribed pursuant to	614
division (C)(1) of this section, and a set of fingerprint	615
impressions obtained in the manner described in division (C)(2) of	616
this section, the superintendent of the bureau of criminal	617
identification and investigation shall conduct a criminal records	618
check in the manner described in division (B) of this section to	619
determine whether any information exists that indicates that the	620
person who is the subject of the request previously has been	621
convicted of or pleaded guilty to any of the following:	622

(a) A violation of section 2903.01, 2903.02, 2903.03,	623
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	624
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	625
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	626
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	627
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	628
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	629
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	630
felonious sexual penetration in violation of former section	631
2907.12 of the Revised Code, a violation of section 2905.04 of the	632
Revised Code as it existed prior to July 1, 1996, a violation of	633
section 2919.23 of the Revised Code that would have been a	634
violation of section 2905.04 of the Revised Code as it existed	635
prior to July 1, 1996, had the violation been committed prior to	636
that date, or a violation of section 2925.11 of the Revised Code	637
that is not a minor drug possession offense;	638

(b) A violation of an existing or former law of this state,	639
any other state, or the United States that is substantially	640
equivalent to any of the offenses listed in division (A)(10)(a) of	641
this section.	642

(11) On receipt of a request for a criminal records check	643
from an individual pursuant to section 4749.03 or 4749.06 of the	644
Revised Code, accompanied by a completed copy of the form	645
prescribed in division (C)(1) of this section and a set of	646
fingerprint impressions obtained in a manner described in division	647
(C)(2) of this section, the superintendent of the bureau of	648
criminal identification and investigation shall conduct a criminal	649
records check in the manner described in division (B) of this	650
section to determine whether any information exists indicating	651
that the person who is the subject of the request has been	652
convicted of or pleaded guilty to a felony in this state or in any	653
other state. If the individual indicates that a firearm will be	654
carried in the course of business, the superintendent shall	655
require information from the federal bureau of investigation as	656
described in division (B)(2) of this section. The superintendent	657
shall report the findings of the criminal records check and any	658
information the federal bureau of investigation provides to the	659
director of public safety.	660

(12) On receipt of a request pursuant to section 1322.03,	661
1322.031, or 4763.05 of the Revised Code, a completed form	662
prescribed pursuant to division (C)(1) of this section, and a set	663
of fingerprint impressions obtained in the manner described in	664
division (C)(2) of this section, the superintendent of the bureau	665
of criminal identification and investigation shall conduct a	666
criminal records check with respect to any person who has applied	667
for a license, permit, or certification from the department of	668
commerce or a division in the department. The superintendent shall	669
conduct the criminal records check in the manner described in	670
division (B) of this section to determine whether any information	671
exists that indicates that the person who is the subject of the	672
request previously has been convicted of or pleaded guilty to any	673
of the following: a violation of section 2913.02, 2913.11,	674
2913.31, 2913.51, or 2925.03 of the Revised Code; any other	675
criminal offense involving theft, receiving stolen property,	676
embezzlement, forgery, fraud, passing bad checks, money	677
laundering, or drug trafficking, or any criminal offense involving	678
money or securities, as set forth in Chapters 2909., 2911., 2913.,	679
2915., 2921., 2923., and 2925. of the Revised Code; or any	680
existing or former law of this state, any other state, or the	681
United States that is substantially equivalent to those offenses.	682

(13) Not later than thirty days after the date the	683
superintendent receives the request, completed form, and	684
fingerprint impressions, the superintendent shall send the person,	685
board, or entity that made the request any information, other than	686
information the dissemination of which is prohibited by federal	687
law, the superintendent determines exists with respect to the	688
person who is the subject of the request that indicates that the	689
person previously has been convicted of or pleaded guilty to any	690
offense listed or described in division (A)(1), (2), (3), (4),	691
(5), (6), (7), (8), (9), (10), (11), or (12) of this section, as	692
appropriate. The superintendent shall send the person, board, or	693
entity that made the request a copy of the list of offenses	694
specified in division (A)(1), (2), (3), (4), (5), (6), (7), (8),	695
(9), (10), (11), or (12) of this section, as appropriate. If the	696
request was made under section 3701.881 of the Revised Code with	697
regard to an applicant who may be both responsible for the care,	698
custody, or control of a child and involved in providing direct	699
care to an older adult, the superintendent shall provide a list of	700
the offenses specified in divisions (A)(4) and (6) of this	701
section.	702

(B) The superintendent shall conduct any criminal records	703
check requested under section 121.08, 173.27, 173.394, 1322.03,	704
1322.031, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09,	705
3721.121, 3722.151, 4749.03, 4749.06, 4763.05, 5104.012, 5104.013,	706
5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the	707
Revised Code as follows:	708

(1) The superintendent shall review or cause to be reviewed	709
any relevant information gathered and compiled by the bureau under	710
division (A) of section 109.57 of the Revised Code that relates to	711
the person who is the subject of the request, including any	712
relevant information contained in records that have been sealed	713
under section 2953.32 of the Revised Code;	714

(2) If the request received by the superintendent asks for	715
information from the federal bureau of investigation, the	716
superintendent shall request from the federal bureau of	717
investigation any information it has with respect to the person	718
who is the subject of the request, including fingerprint based	719
checks of national crime information databases as described in 42	720
U.S.C. 671 if the request is made pursuant to section 2151.86,	721
5104.012, or 5104.013 of the Revised Code or if any other Revised	722
Code section requires fingerprint based checks of that nature, and	723
shall review or cause to be reviewed any information the	724
superintendent receives from that bureau.	725

(3) The superintendent or the superintendent's designee may	726
request criminal history records from other states or the federal	727
government pursuant to the national crime prevention and privacy	728
compact set forth in section 109.571 of the Revised Code.	729

(C)(1) The superintendent shall prescribe a form to obtain	730
the information necessary to conduct a criminal records check from	731
any person for whom a criminal records check is required by	732
section 121.08, 173.27, 173.394, 1322.03, 1322.031, 2151.86,	733
3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151,	734
4749.03, 4749.06, 4763.05, 5104.012, 5104.013, 5111.95, 5111.96,	735
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The	736
form that the superintendent prescribes pursuant to this division	737
may be in a tangible format, in an electronic format, or in both	738
tangible and electronic formats.	739

(2) The superintendent shall prescribe standard impression	740
sheets to obtain the fingerprint impressions of any person for	741
whom a criminal records check is required by section 121.08,	742
173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32, 3301.541,	743
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06,	744
4763.05, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28,	745
5126.281, or 5153.111 of the Revised Code. Any person for whom a	746
records check is required by any of those sections shall obtain	747
the fingerprint impressions at a county sheriff's office,	748
municipal police department, or any other entity with the ability	749
to make fingerprint impressions on the standard impression sheets	750
prescribed by the superintendent. The office, department, or	751
entity may charge the person a reasonable fee for making the	752
impressions. The standard impression sheets the superintendent	753
prescribes pursuant to this division may be in a tangible format,	754
in an electronic format, or in both tangible and electronic	755
formats.	756

(3) Subject to division (D) of this section, the	757
superintendent shall prescribe and charge a reasonable fee for	758
providing a criminal records check requested under section 121.08,	759
173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32, 3301.541,	760
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06,	761
4763.05, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28,	762
5126.281, or 5153.111 of the Revised Code. The person making a	763
criminal records request under section 121.08, 173.27, 173.394,	764
1322.03, 1322.031, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	765
3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 4763.05, 5104.012,	766
5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or	767
5153.111 of the Revised Codeany of those sections shall pay the	768
fee prescribed pursuant to this division. A person making a	769
request under section 3701.881 of the Revised Code for a criminal	770
records check for an applicant who may be both responsible for the	771
care, custody, or control of a child and involved in providing	772
direct care to an older adult shall pay one fee for the request.	773

(4) The superintendent of the bureau of criminal	774
identification and investigation may prescribe methods of	775
forwarding fingerprint impressions and information necessary to	776
conduct a criminal records check, which methods shall include, but	777
not be limited to, an electronic method.	778

(D) A determination whether any information exists that	779
indicates that a person previously has been convicted of or	780
pleaded guilty to any offense listed or described in division	781
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	782
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or (b),	783
(A)(9)(a) or (b), (A)(10)(a) or (b), or (A)(12) of this section	784
that is made by the superintendent with respect to information	785
considered in a criminal records check in accordance with this	786
section is valid for the person who is the subject of the criminal	787
records check for a period of one year from the date upon which	788
the superintendent makes the determination. During the period in	789
which the determination in regard to a person is valid, if another	790
request under this section is made for a criminal records check	791
for that person, the superintendent shall provide the information	792
that is the basis for the superintendent's initial determination	793
at a lower fee than the fee prescribed for the initial criminal	794
records check.	795

(E) As used in this section:

796

(1) "Criminal records check" means any criminal records check	797
conducted by the superintendent of the bureau of criminal	798
identification and investigation in accordance with division (B)	799
of this section.	800

(2) "Home and community-based waiver services" and "waiver	801
agency" have the same meanings as in section 5111.95 of the	802
Revised Code.	803

(3) "Independent provider" has the same meaning as in section	804
5111.96 of the Revised Code.	805

(4) "Minor drug possession offense" has the same meaning as	806
in section 2925.01 of the Revised Code.	807

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

808

(6) "OVI or OVUAC violation" means a violation of section	809
4511.19 of the Revised Code or a violation of an existing or	810
former law of this state, any other state, or the United States	811
that is substantially equivalent to section 4511.19 of the Revised	812
Code.	813

Sec. 109.581.  (A) As used in this section:

814

(1) "Individual" means any person who is required by law to	815
submit fingerprint impressions to a participating entity for a	816
criminal records check.	817

(2) "Participating entity" means a state agency or government	818
agency required by statute to submit fingerprint impressions of an	819
individual for a criminal records check as a condition of	820
licensure, certification, approval for adoption, employment, or	821
volunteer service with the agency.	822

(3) "State agency" has the same meaning as in section 9.23 of	823
the Revised Code.	824

(B) The superintendent of the bureau of criminal	825
identification and investigation shall establish and maintain a	826
retained applicant fingerprint database, separate and apart from	827
all other records maintained by the bureau, to notify a	828
participating entity when an individual who is licensed,	829
certified, approval for adoption, or employed by, or volunteers	830
with, the participating entity and is arrested for, or pleads	831
guilty to or is convicted of, an offense that would disqualify	832
that individual from licensure, certification, approval, or	833
employment by, or volunteering with, the participating entity.	834

(C)(1) A participating entity shall ensure that the	835
superintendent of the bureau of criminal identification and	836
investigation receives fingerprint impressions in a manner	837
prescribed by the bureau in rules adopted under this section prior	838
to an individual being licensed, certified, approved for adoption,	839
or employed by, or beginning volunteer service with, the	840
participating entity. The bureau shall enter information and the	841
fingerprint impressions relating to the individual into the	842
retained applicant fingerprint database within thirty days of	843
receiving the information and impressions.	844

(2) An individual who has submitted fingerprint impressions	845
for licensure, certification, approval for adoption, or employment	846
by, or volunteer service with, a participating entity shall be	847
reprinted for licensure, certification, approval, employment, or	848
volunteer service with another participating entity. If an	849
individual has been reprinted, the superintendent of the bureau of	850
criminal identification and investigation shall update that	851
individual's information accordingly.	852

(3) A participating entity shall notify the bureau of	853
criminal identification and investigation when an individual is no	854
longer licensed, certified, approved for adoption, or employed by,	855
or volunteers with, the participating entity, or the individual is	856
deceased.	857

(D) The superintendent of the bureau of criminal	858
identification and investigation shall promptly notify a	859
participating entity when an individual who is licensed,	860
certified, approved for adoption, or employed by, or volunteers	861
with, a participating entity is arrested for, or pleads guilty to	862
or is convicted of, an offense that would disqualify that	863
individual from licensure, certification, approval, employment, or	864
volunteering with the participating entity.	865

(E)(1) Information contained in the retained applicant	866
fingerprint database, and in the notice described in division (D)	867
of this section, shall be used by the bureau of criminal	868
identification and investigation and the participating entity for	869
the purposes of licensure, certification, approval for adoption,	870
or employment by, or volunteer service with, the participating	871
entity, and such information is otherwise confidential and not a	872
public record under section 149.43 of the Revised Code.	873

(2) No person shall knowingly disseminate or use the	874
information contained in the retained applicant fingerprint	875
database for any purpose that is not authorized by law or by rules	876
adopted pursuant to this section.	877

(3) No person shall knowingly use the information contained	878
in the retained applicant fingerprint database to harass or	879
intimidate another person.	880

(F)(1) Any law enforcement official, or official employed by	881
the participating entity who receives notification under this	882
section, who disseminates, or fails to disseminate, information	883
contained in the retained applicant fingerprint database in good	884
faith compliance with the duties imposed by this section is immune	885
from civil liability relating to that dissemination or failure to	886
disseminate, unless the official's actions were manifestly outside	887
the scope of duties imposed by this section or unless the official	888
acted with malicious purpose, in bad faith, or in a wanton or	889
reckless manner.	890

(2) A participating entity shall not be found negligent per	891
se in a civil action for failure to submit an individual's	892
information or fingerprint impressions to the bureau of criminal	893
identification and investigation in accordance with this section.	894

(G) Not later than six months after the effective date of	895
this section, each participating entity that is a state agency	896
shall adopt rules in accordance with Chapter 119. of the Revised	897
Code to implement this section. The rules shall be consistent with	898
the provisions of this section that are applicable to the	899
participating entity. Prior to the date on which rules adopted by	900
a participating entity under this division take effect, the	901
participating entity may use information provided under this	902
section, notwithstanding the fact that the rules have not taken	903
effect, and the lack of rules does not limit or restrict the	904
participating entity from using information so provided.	905

(H) The superintendent of the bureau of criminal	906
identification and investigation shall adopt rules in accordance	907
with Chapter 119. of the Revised Code necessary to carry out the	908
purposes of this section, including rules regarding all of the	909
following:	910

(1) The establishment and maintenance of the retained	911
applicant fingerprint database;	912

(2) The collection of fingerprint impressions and a	913
reasonable fee for utilizing the database;	914

(3) The expungement of fingerprint impressions and other	915
personal information of individuals who are deceased or are no	916
longer licensed, certified, approved for adoption, or employed by,	917
or volunteer with, a participating entity.	918

Sec. 109.60.  (A)(1) The sheriffs of the several counties and	919
the chiefs of police of cities, immediately upon the arrest of any	920
person for any felony, on suspicion of any felony, for a crime	921
constituting a misdemeanor on the first offense and a felony on	922
subsequent offenses, or for any misdemeanor described in division	923
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the	924
Revised Code, and immediately upon the arrest or taking into	925
custody of any child under eighteen years of age for committing an	926
act that would be a felony or an offense of violence if committed	927
by an adult or upon probable cause to believe that a child of that	928
age may have committed an act that would be a felony or an offense	929
of violence if committed by an adult, shall take the person's or	930
child's fingerprints, or cause the same to be taken, according to	931
the fingerprint system of identification on the forms furnished by	932
the superintendent of the bureau of criminal identification and	933
investigation, and immediately shall forward copies of the	934
completed forms, any other description that may be required, and	935
the history of the offense committed to the bureau to be	936
classified and filed and to the clerk of the court having	937
jurisdiction over the prosecution of the offense or over the	938
adjudication relative to the act.	939

(2) IfExcept as provided in division (B) of this section, if	940
a person or child has not been arrested and first appears before a	941
court or magistrate in response to a summons, or if a sheriff or	942
chief of police has not taken, or caused to be taken, a person's	943
or child's fingerprints in accordance with division (A)(1) of this	944
section by the time of the arraignment or first appearance of the	945
person or child, the court shall order the person or child to	946
appear before the sheriff or chief of police within twenty-four	947
hours to have the person's or child's fingerprints taken. The	948
sheriff or chief of police shall take the person's or child's	949
fingerprints, or cause the fingerprints to be taken, according to	950
the fingerprint system of identification on the forms furnished by	951
the superintendent of the bureau of criminal identification and	952
investigation and, immediately after the person's or child's	953
arraignment or first appearance, forward copies of the completed	954
forms, any other description that may be required, and the history	955
of the offense committed to the bureau to be classified and filed	956
and to the clerk of the court.	957

(3) Every court with jurisdiction over a case involving a	958
person or child with respect to whom division (A)(1) or (2) of	959
this section requires a sheriff or chief of police to take the	960
person's or child's fingerprints shall inquire at the time of the	961
person's or child's sentencing or adjudication whether or not the	962
person or child has been fingerprinted pursuant to division (A)(1)	963
or (2) of this section for the original arrest or court appearance	964
upon which the sentence or adjudication is based. If the person or	965
child was not fingerprinted for the original arrest or court	966
appearance upon which the sentence or adjudication is based, the	967
court shall order the person or child to appear before the sheriff	968
or chief of police within twenty-four hours to have the person's	969
or child's fingerprints taken. The sheriff or chief of police	970
shall take the person's or child's fingerprints, or cause the	971
fingerprints to be taken, according to the fingerprint system of	972
identification on the forms furnished by the superintendent of the	973
bureau of criminal identification and investigation and	974
immediately forward copies of the completed forms, any other	975
description that may be required, and the history of the offense	976
committed to the bureau to be classified and filed and to the	977
clerk of the court.	978

(4) If a person or child is in the custody of a law	979
enforcement agency or a detention facility, as defined in section	980
2921.01 of the Revised Code, and the chief law enforcement officer	981
or chief administrative officer of the detention facility	982
discovers that a warrant has been issued or a bill of information	983
has been filed alleging the person or child to have committed an	984
offense or act other than the offense or act for which the person	985
or child is in custody, and the other alleged offense or act is	986
one for which fingerprints are to be taken pursuant to division	987
(A)(1) of this section, the law enforcement agency or detention	988
facility shall take the fingerprints of the person or child, or	989
cause the fingerprints to be taken, according to the fingerprint	990
system of identification on the forms furnished by the	991
superintendent of the bureau of criminal identification and	992
investigation and immediately forward copies of the completed	993
forms, any other description that may be required, and the history	994
of the offense committed to the bureau to be classified and filed	995
and to the clerk of the court that issued the warrant or with	996
which the bill of information was filed.	997

(5) If an accused is found not guilty of the offense charged	998
or a nolle prosequi is entered in any case, or if any accused	999
child under eighteen years of age is found not to be a delinquent	1000
child for committing an act that would be a felony or an offense	1001
of violence if committed by an adult or not guilty of the felony	1002
or offense of violence charged or a nolle prosequi is entered in	1003
that case, the fingerprints and description shall be given to the	1004
accused upon the accused's request.	1005

(6) The superintendent shall compare the description received	1006
with those already on file in the bureau, and, if the	1007
superintendent finds that the person arrested or taken into	1008
custody has a criminal record or a record as a delinquent child	1009
for having committed an act that would be a felony or an offense	1010
of violence if committed by an adult or is a fugitive from justice	1011
or wanted by any jurisdiction in this or another state, the United	1012
States, or a foreign country for any offense, the superintendent	1013
at once shall inform the arresting officer, the officer taking the	1014
person into custody, or the chief administrative officer of the	1015
county, multicounty, municipal, municipal-county, or	1016
multicounty-municipal jail or workhouse, community-based	1017
correctional facility, halfway house, alternative residential	1018
facility, or state correctional institution in which the person or	1019
child is in custody of that fact and give appropriate notice to	1020
the proper authorities in the jurisdiction in which the person is	1021
wanted, or, if that jurisdiction is a foreign country, give	1022
appropriate notice to federal authorities for transmission to the	1023
foreign country. The names, under which each person whose	1024
identification is filed is known, shall be alphabetically indexed	1025
by the superintendent.	1026

(B) Division (A) of this section does not apply to a violator	1027
of a city ordinance unless the officers have reason to believe	1028
that the violator is a past offender or the crime is one	1029
constituting a misdemeanor on the first offense and a felony on	1030
subsequent offenses, or unless it is advisable for the purpose of	1031
subsequent identification. This section does not apply to any	1032
child under eighteen years of age who was not arrested or	1033
otherwise taken into custody for committing an act that would be a	1034
felony or an offense of violence if committed by an adult or upon	1035
probable cause to believe that a child of that age may have	1036
committed an act that would be a felony or an offense of violence	1037
if committed by an adult, except as provided in section 2151.313	1038
of the Revised Code.	1039

(C)(1) For purposes of division (C) of this section, a law	1040
enforcement agency shall be considered to have arrested a person	1041
if any law enforcement officer who is employed by, appointed by,	1042
or serves that agency arrests the person. As used in division (C)	1043
of this section:	1044

(a) "Illegal methamphetamine manufacturing laboratory" has	1045
the same meaning as in section 3745.13 of the Revised Code.	1046

(b) "Methamphetamine or a methamphetamine product" means	1047
methamphetamine, any salt, isomer, or salt of an isomer of	1048
methamphetamine, or any compound, mixture, preparation, or	1049
substance containing methamphetamine or any salt, isomer, or salt	1050
of an isomer of methamphetamine.	1051

(2) Each law enforcement agency that, in any calendar year,	1052
arrests any person for a violation of section 2925.04 of the	1053
Revised Code that is based on the manufacture of methamphetamine	1054
or a methamphetamine product, a violation of section 2925.041 of	1055
the Revised Code that is based on the possession of chemicals	1056
sufficient to produce methamphetamine or a methamphetamine	1057
product, or a violation of any other provision of Chapter 2925. or	1058
3719. of the Revised Code that is based on the possession of	1059
chemicals sufficient to produce methamphetamine or a	1060
methamphetamine product shall prepare an annual report covering	1061
the calendar year that contains the information specified in	1062
division (C)(3) of this section relative to all arrests for	1063
violations of those sections committed under those circumstances	1064
during that calendar year and relative to illegal methamphetamine	1065
manufacturing laboratories, dump sites, and chemical caches as	1066
specified in that division and shall send the annual report, not	1067
later than the first day of March in the calendar year following	1068
the calendar year covered by the report, to the bureau of criminal	1069
identification and investigation.	1070

The law enforcement agency shall write any annual report	1071
prepared and filed under this division on the standard forms	1072
furnished by the superintendent of the bureau of criminal	1073
identification and investigation pursuant to division (C)(4) of	1074
this section. The annual report shall be a statistical report, and	1075
nothing in the report or in the information it contains shall	1076
identify, or enable the identification of, any person who was	1077
arrested and whose arrest is included in the information contained	1078
in the report. The annual report in the possession of the bureau	1079
and the information it contains are public records for the purpose	1080
of section 149.43 of the Revised Code.	1081

(3) The annual report prepared and filed by a law enforcement	1082
agency under division (C)(2) of this section shall contain all of	1083
the following information for the calendar year covered by the	1084
report:	1085

(a) The total number of arrests made by the agency in that	1086
calendar year for a violation of section 2925.04 of the Revised	1087
Code that is based on the manufacture of methamphetamine or a	1088
methamphetamine product, a violation of section 2925.041 of the	1089
Revised Code that is based on the possession of chemicals	1090
sufficient to produce methamphetamine or a methamphetamine	1091
product, or a violation of any other provision of Chapter 2925. or	1092
3719. of the Revised Code that is based on the possession of	1093
chemicals sufficient to produce methamphetamine or a	1094
methamphetamine product;	1095

(b) The total number of illegal methamphetamine manufacturing	1096
laboratories at which one or more of the arrests reported under	1097
division (C)(3)(a) of this section occurred, or that were	1098
discovered in that calendar year within the territory served by	1099
the agency but at which none of the arrests reported under	1100
division (C)(3)(a) of this section occurred;	1101

(c) The total number of dump sites and chemical caches that	1102
are, or that are reasonably believed to be, related to illegal	1103
methamphetamine manufacturing and that were discovered in that	1104
calendar year within the territory served by the agency.	1105

(4) The superintendent of the bureau of criminal	1106
identification and investigation shall prepare and furnish to each	1107
law enforcement agency in this state standard forms for making the	1108
annual reports required by division (C)(2) of this section. The	1109
standard forms that the superintendent prepares pursuant to this	1110
division may be in a tangible format, in an electronic format, or	1111
in both a tangible format and an electronic format.	1112

(5) The annual report required by division (C)(2) of this	1113
section is separate from, and in addition to, any report,	1114
materials, or information required under division (A) of this	1115
section or under any other provision of sections 109.57 to 109.62	1116
of the Revised Code.	1117

Sec. 109.99.  (A) Whoever violates section 109.26 of the	1118
Revised Code shall be fined not less than five hundred nor more	1119
than ten thousand dollars or be imprisoned not less than one month	1120
nor more than one year, or both.	1121

(B) Whoever violates division (G)(1) of section 109.573 of	1122
the Revised Code is guilty of unlawful disclosure of DNA database	1123
information, a misdemeanor of the first degree.	1124

(C) Whoever violates division (G)(2) of section 109.573 of	1125
the Revised Code is guilty of unlawful possession of DNA database	1126
information, a misdemeanor of the first degree.	1127

(D)(1) Whoever violates division (E)(2) of section 109.581 of	1128
the Revised Code is guilty of unlawful dissemination or use of	1129
retained applicant fingerprint database information, a misdemeanor	1130
of the fourth degree.	1131

(2) Whoever violates division (E)(3) of section 109.581 of	1132
the Revised Code is guilty of harassment or intimidation using	1133
retained applicant fingerprint database information, as	1134
applicable, a misdemeanor of the first degree.	1135

(E)(1) Whoever violates division (G)(1) of section 109.35 of	1136
the Revised Code is guilty of entering into a transaction	1137
involving a nonprofit health care entity without the approval of	1138
the attorney general, a felony of the third degree.	1139

(2) Whoever violates division (G)(2) of section 109.35 of the	1140
Revised Code is guilty of receiving improper compensation relating	1141
to a transaction involving a nonprofit health care entity, a	1142
felony of the third degree.	1143

Sec. 1901.43.  (A) If a sheriff or chief of police has not	1144
taken, or caused to be taken, a person's or child's fingerprints	1145
in accordance with division (A)(1) of section 109.60 of the	1146
Revised Code with respect to a crime or act set forth in that	1147
division by the time of the arraignment or first appearance of the	1148
person or child with respect to that crime or act, the municipal	1149
court shall order the person or child to appear before the sheriff	1150
or chief of police within twenty-four hours of the arraignment or	1151
first appearance to have the person's or child's fingerprints	1152
taken as provided in division (A)(2) of section 109.60 of the	1153
Revised Code.	1154

(B) If the municipal court has jurisdiction over a case	1155
involving a person or child with respect to whom division (A)(1)	1156
or (2) of section 109.60 of the Revised Code requires a sheriff or	1157
chief of police to take the person's or child's fingerprints, the	1158
municipal court shall inquire at the time of the person's or	1159
child's sentencing or adjudication for the crime or act for which	1160
the fingerprints were required to be taken whether or not the	1161
person or child has been fingerprinted pursuant to division (A)(1)	1162
or (2) of section 109.60 of the Revised Code for the original	1163
arrest or court appearance upon which the sentence or adjudication	1164
is based. If a person or child was not fingerprinted for the	1165
original arrest or court appearance, the municipal court shall	1166
order the person or child to appear before the sheriff or chief of	1167
police within twenty-four hours to have the person's or child's	1168
fingerprints taken as provided in division (A)(3) of section	1169
109.60 of the Revised Code.	1170

Sec. 1907.181.  (A) If a sheriff or chief of police has not	1171
taken, or caused to be taken, a person's or child's fingerprints	1172
in accordance with division (A)(1) of section 109.60 of the	1173
Revised Code with respect to a crime or act set forth in that	1174
division by the time of the arraignment or first appearance of the	1175
person or child with respect to that crime or act, the county	1176
court shall order the person or child to appear before the sheriff	1177
or chief of police within twenty-four hours of the arraignment or	1178
first appearance to have the person's or child's fingerprints	1179
taken as provided in division (A)(2) of section 109.60 of the	1180
Revised Code.	1181

(B) If the county court has jurisdiction over a case	1182
involving a person or child with respect to whom division (A)(1)	1183
or (2) of section 109.60 of the Revised Code requires a sheriff or	1184
chief of police to take the person's or child's fingerprints, the	1185
county court shall inquire at the time of the person's or child's	1186
sentencing or adjudication for the crime or act for which the	1187
fingerprints were required to be taken whether or not the person	1188
or child has been fingerprinted pursuant to division (A)(1) or (2)	1189
of section 109.60 of the Revised Code for the original arrest or	1190
court appearance upon which the sentence or adjudication is based.	1191
If a person or child was not fingerprinted for the original arrest	1192
or court appearance, the county court shall order the person or	1193
child to appear before the sheriff or chief of police within	1194
twenty-four hours to have the person's or child's fingerprints	1195
taken as provided in division (A)(3) of section 109.60 of the	1196
Revised Code.	1197

Sec. 2151.413.  (A) A public children services agency or	1198
private child placing agency that, pursuant to an order of	1199
disposition under division (A)(2) of section 2151.353 of the	1200
Revised Code or under any version of section 2151.353 of the	1201
Revised Code that existed prior to January 1, 1989, is granted	1202
temporary custody of a child who is not abandoned or orphaned may	1203
file a motion in the court that made the disposition of the child	1204
requesting permanent custody of the child.	1205

(B) A public children services agency or private child	1206
placing agency that, pursuant to an order of disposition under	1207
division (A)(2) of section 2151.353 of the Revised Code or under	1208
any version of section 2151.353 of the Revised Code that existed	1209
prior to January 1, 1989, is granted temporary custody of a child	1210
who is orphaned may file a motion in the court that made the	1211
disposition of the child requesting permanent custody of the child	1212
whenever it can show that no relative of the child is able to take	1213
legal custody of the child.	1214

(C) A public children services agency or private child	1215
placing agency that, pursuant to an order of disposition under	1216
division (A)(5) of section 2151.353 of the Revised Code, places a	1217
child in a planned permanent living arrangement may file a motion	1218
in the court that made the disposition of the child requesting	1219
permanent custody of the child.	1220

(D)(1) Except as provided in division (D)(3) of this section,	1221
if a child has been in the temporary custody of one or more public	1222
children services agencies or private child placing agencies for	1223
twelve or more months of a consecutive twenty-two-month period	1224
ending on or after March 18, 1999, the agency with custody shall	1225
file a motion requesting permanent custody of the child. If the	1226
child has been in the temporary custody of one or more public	1227
children services agencies or private child placing agencies and	1228
the child was previously in the temporary custody of an equivalent	1229
agency in another state, the agency with custody of the child	1230
shall apply the time in temporary custody in the other state to	1231
the time in temporary custody in this state and, except as	1232
provided in division (D)(3) of this section, if the time spent in	1233
temporary custody equals twelve or more months of a consecutive	1234
twenty-two-month period, the agency with custody may file a motion	1235
requesting permanent custody of the child. The motion shall be	1236
filed in the court that issued the current order of temporary	1237
custody. For the purposes of this division, a child shall be	1238
considered to have entered the temporary custody of an agency on	1239
the earlier of the date the child is adjudicated pursuant to	1240
section 2151.28 of the Revised Code or the date that is sixty days	1241
after the removal of the child from home.	1242

(2) Except as provided in division (D)(3) of this section, if	1243
a court makes a determination pursuant to division (A)(2) of	1244
section 2151.419 of the Revised Code, the public children services	1245
agency or private child placing agency required to develop the	1246
permanency plan for the child under division (K) of section	1247
2151.417 of the Revised Code shall file a motion in the court that	1248
made the determination requesting permanent custody of the child.	1249

(3) An agency shall not file a motion for permanent custody	1250
under division (D)(1) or (2) of this section if any of the	1251
following apply:	1252

(a) The agency documents in the case plan or permanency plan	1253
a compelling reason that permanent custody is not in the best	1254
interest of the child.	1255

(b) If reasonable efforts to return the child to the child's	1256
home are required under section 2151.419 of the Revised Code, the	1257
agency has not provided the services required by the case plan to	1258
the parents of the child or the child to ensure the safe return of	1259
the child to the child's home.	1260

(c) The agency has been granted permanent custody of the	1261
child.	1262

(d) The child has been returned home pursuant to court order	1263
in accordance with division (A)(3) of section 2151.419 of the	1264
Revised Code.	1265

(E) Any agency that files a motion for permanent custody	1266
under this section shall include in the case plan of the child who	1267
is the subject of the motion, a specific plan of the agency's	1268
actions to seek an adoptive family for the child and to prepare	1269
the child for adoption.	1270

(F) The department of job and family services may adopt rules	1271
pursuant to Chapter 119. of the Revised Code that set forth the	1272
time frames for case reviews and for filing a motion requesting	1273
permanent custody under division (D)(1) of this section.	1274

Sec. 2151.414.  (A)(1) Upon the filing of a motion pursuant	1275
to section 2151.413 of the Revised Code for permanent custody of a	1276
child, the court shall schedule a hearing and give notice of the	1277
filing of the motion and of the hearing, in accordance with	1278
section 2151.29 of the Revised Code, to all parties to the action	1279
and to the child's guardian ad litem. The notice also shall	1280
contain a full explanation that the granting of permanent custody	1281
permanently divests the parents of their parental rights, a full	1282
explanation of their right to be represented by counsel and to	1283
have counsel appointed pursuant to Chapter 120. of the Revised	1284
Code if they are indigent, and the name and telephone number of	1285
the court employee designated by the court pursuant to section	1286
2151.314 of the Revised Code to arrange for the prompt appointment	1287
of counsel for indigent persons.	1288

The court shall conduct a hearing in accordance with section	1289
2151.35 of the Revised Code to determine if it is in the best	1290
interest of the child to permanently terminate parental rights and	1291
grant permanent custody to the agency that filed the motion. The	1292
adjudication that the child is an abused, neglected, or dependent	1293
child and any dispositional order that has been issued in the case	1294
under section 2151.353 of the Revised Code pursuant to the	1295
adjudication shall not be readjudicated at the hearing and shall	1296
not be affected by a denial of the motion for permanent custody.	1297

(2) The court shall hold the hearing scheduled pursuant to	1298
division (A)(1) of this section not later than one hundred twenty	1299
days after the agency files the motion for permanent custody,	1300
except that, for good cause shown, the court may continue the	1301
hearing for a reasonable period of time beyond the	1302
one-hundred-twenty-day deadline. The court shall issue an order	1303
that grants, denies, or otherwise disposes of the motion for	1304
permanent custody, and journalize the order, not later than two	1305
hundred days after the agency files the motion.	1306

If a motion is made under division (D)(2) of section 2151.413	1307
of the Revised Code and no dispositional hearing has been held in	1308
the case, the court may hear the motion in the dispositional	1309
hearing required by division (B) of section 2151.35 of the Revised	1310
Code. If the court issues an order pursuant to section 2151.353 of	1311
the Revised Code granting permanent custody of the child to the	1312
agency, the court shall immediately dismiss the motion made under	1313
division (D)(2) of section 2151.413 of the Revised Code.	1314

The failure of the court to comply with the time periods set	1315
forth in division (A)(2) of this section does not affect the	1316
authority of the court to issue any order under this chapter and	1317
does not provide any basis for attacking the jurisdiction of the	1318
court or the validity of any order of the court.	1319

(B)(1) Except as provided in division (B)(2) of this section,	1320
the court may grant permanent custody of a child to a movant if	1321
the court determines at the hearing held pursuant to division (A)	1322
of this section, by clear and convincing evidence, that it is in	1323
the best interest of the child to grant permanent custody of the	1324
child to the agency that filed the motion for permanent custody	1325
and that any of the following apply:	1326

(a) The child is not abandoned or orphaned or, has not been	1327
in the temporary custody of one or more public children services	1328
agencies or private child placing agencies for twelve or more	1329
months of a consecutive twenty-two-month period ending on or after	1330
March 18, 1999, or has not been in the temporary custody of one or	1331
more public children services agencies or private child placing	1332
agencies for twelve or more months of a consecutive	1333
twenty-two-month period if, as described in division (D)(1) of	1334
section 2151.413 of the Revised Code, the child was previously in	1335
the temporary custody of an equivalent agency in another state,	1336
and the child cannot be placed with either of the child's parents	1337
within a reasonable time or should not be placed with the child's	1338
parents.	1339

(b) The child is abandoned.

1340

(c) The child is orphaned, and there are no relatives of the	1341
child who are able to take permanent custody.	1342

(d) The child has been in the temporary custody of one or	1343
more public children services agencies or private child placing	1344
agencies for twelve or more months of a consecutive	1345
twenty-two-month period ending on or after March 18, 1999, or the	1346
child has been in the temporary custody of one or more public	1347
children services agencies or private child placing agencies for	1348
twelve or more months of a consecutive twenty-two-month period	1349
and, as described in division (D)(1) of section 2151.413 of the	1350
Revised Code, the child was previously in the temporary custody of	1351
an equivalent agency in another state.	1352

For the purposes of division (B)(1) of this section, a child	1353
shall be considered to have entered the temporary custody of an	1354
agency on the earlier of the date the child is adjudicated	1355
pursuant to section 2151.28 of the Revised Code or the date that	1356
is sixty days after the removal of the child from home.	1357

(2) With respect to a motion made pursuant to division (D)(2)	1358
of section 2151.413 of the Revised Code, the court shall grant	1359
permanent custody of the child to the movant if the court	1360
determines in accordance with division (E) of this section that	1361
the child cannot be placed with one of the child's parents within	1362
a reasonable time or should not be placed with either parent and	1363
determines in accordance with division (D) of this section that	1364
permanent custody is in the child's best interest.	1365

(C) In making the determinations required by this section or	1366
division (A)(4) of section 2151.353 of the Revised Code, a court	1367
shall not consider the effect the granting of permanent custody to	1368
the agency would have upon any parent of the child. A written	1369
report of the guardian ad litem of the child shall be submitted to	1370
the court prior to or at the time of the hearing held pursuant to	1371
division (A) of this section or section 2151.35 of the Revised	1372
Code but shall not be submitted under oath.	1373

If the court grants permanent custody of a child to a movant	1374
under this division, the court, upon the request of any party,	1375
shall file a written opinion setting forth its findings of fact	1376
and conclusions of law in relation to the proceeding. The court	1377
shall not deny an agency's motion for permanent custody solely	1378
because the agency failed to implement any particular aspect of	1379
the child's case plan.	1380

(D) In determining the best interest of a child at a hearing	1381
held pursuant to division (A) of this section or for the purposes	1382
of division (A)(4) or (5) of section 2151.353 or division (C) of	1383
section 2151.415 of the Revised Code, the court shall consider all	1384
relevant factors, including, but not limited to, the following:	1385

(1) The interaction and interrelationship of the child with	1386
the child's parents, siblings, relatives, foster caregivers and	1387
out-of-home providers, and any other person who may significantly	1388
affect the child;	1389

(2) The wishes of the child, as expressed directly by the	1390
child or through the child's guardian ad litem, with due regard	1391
for the maturity of the child;	1392

(3) The custodial history of the child, including whether the	1393
child has been in the temporary custody of one or more public	1394
children services agencies or private child placing agencies for	1395
twelve or more months of a consecutive twenty-two-month period	1396
ending on or after March 18, 1999, or the child has been in the	1397
temporary custody of one or more public children services agencies	1398
or private child placing agencies for twelve or more months of a	1399
consecutive twenty-two-month period and, as described in division	1400
(D)(1) of section 2151.413 of the Revised Code, the child was	1401
previously in the temporary custody of an equivalent agency in	1402
another state;	1403

(4) The child's need for a legally secure permanent placement	1404
and whether that type of placement can be achieved without a grant	1405
of permanent custody to the agency;	1406

(5) Whether any of the factors in divisions (E)(7) to (11) of	1407
this section apply in relation to the parents and child.	1408

For the purposes of this division, a child shall be	1409
considered to have entered the temporary custody of an agency on	1410
the earlier of the date the child is adjudicated pursuant to	1411
section 2151.28 of the Revised Code or the date that is sixty days	1412
after the removal of the child from home.	1413

(E) In determining at a hearing held pursuant to division (A)	1414
of this section or for the purposes of division (A)(4) of section	1415
2151.353 of the Revised Code whether a child cannot be placed with	1416
either parent within a reasonable period of time or should not be	1417
placed with the parents, the court shall consider all relevant	1418
evidence. If the court determines, by clear and convincing	1419
evidence, at a hearing held pursuant to division (A) of this	1420
section or for the purposes of division (A)(4) of section 2151.353	1421
of the Revised Code that one or more of the following exist as to	1422
each of the child's parents, the court shall enter a finding that	1423
the child cannot be placed with either parent within a reasonable	1424
time or should not be placed with either parent:	1425

(1) Following the placement of the child outside the child's	1426
home and notwithstanding reasonable case planning and diligent	1427
efforts by the agency to assist the parents to remedy the problems	1428
that initially caused the child to be placed outside the home, the	1429
parent has failed continuously and repeatedly to substantially	1430
remedy the conditions causing the child to be placed outside the	1431
child's home. In determining whether the parents have	1432
substantially remedied those conditions, the court shall consider	1433
parental utilization of medical, psychiatric, psychological, and	1434
other social and rehabilitative services and material resources	1435
that were made available to the parents for the purpose of	1436
changing parental conduct to allow them to resume and maintain	1437
parental duties.	1438

(2) Chronic mental illness, chronic emotional illness, mental	1439
retardation, physical disability, or chemical dependency of the	1440
parent that is so severe that it makes the parent unable to	1441
provide an adequate permanent home for the child at the present	1442
time and, as anticipated, within one year after the court holds	1443
the hearing pursuant to division (A) of this section or for the	1444
purposes of division (A)(4) of section 2151.353 of the Revised	1445
Code;	1446

(3) The parent committed any abuse as described in section	1447
2151.031 of the Revised Code against the child, caused the child	1448
to suffer any neglect as described in section 2151.03 of the	1449
Revised Code, or allowed the child to suffer any neglect as	1450
described in section 2151.03 of the Revised Code between the date	1451
that the original complaint alleging abuse or neglect was filed	1452
and the date of the filing of the motion for permanent custody;	1453

(4) The parent has demonstrated a lack of commitment toward	1454
the child by failing to regularly support, visit, or communicate	1455
with the child when able to do so, or by other actions showing an	1456
unwillingness to provide an adequate permanent home for the child;	1457

(5) The parent is incarcerated for an offense committed	1458
against the child or a sibling of the child;	1459

(6) The parent has been convicted of or pleaded guilty to an	1460
offense under division (A) or (C) of section 2919.22 or under	1461
section 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.03,	1462
2905.04, 2905.05, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	1463
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	1464
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.24,	1465
2919.25, 2923.12, 2923.13, 2923.161, 2925.02, or 3716.11 of the	1466
Revised Code and the child or a sibling of the child was a victim	1467
of the offense or the parent has been convicted of or pleaded	1468
guilty to an offense under section 2903.04 of the Revised Code, a	1469
sibling of the child was the victim of the offense, and the parent	1470
who committed the offense poses an ongoing danger to the child or	1471
a sibling of the child.	1472

(7) The parent has been convicted of or pleaded guilty to one	1473
of the following:	1474

(a) An offense under section 2903.01, 2903.02, or 2903.03 of	1475
the Revised Code or under an existing or former law of this state,	1476
any other state, or the United States that is substantially	1477
equivalent to an offense described in those sections and the	1478
victim of the offense was a sibling of the child or the victim was	1479
another child who lived in the parent's household at the time of	1480
the offense;	1481

(b) An offense under section 2903.11, 2903.12, or 2903.13 of	1482
the Revised Code or under an existing or former law of this state,	1483
any other state, or the United States that is substantially	1484
equivalent to an offense described in those sections and the	1485
victim of the offense is the child, a sibling of the child, or	1486
another child who lived in the parent's household at the time of	1487
the offense;	1488

(c) An offense under division (B)(2) of section 2919.22 of	1489
the Revised Code or under an existing or former law of this state,	1490
any other state, or the United States that is substantially	1491
equivalent to the offense described in that section and the child,	1492
a sibling of the child, or another child who lived in the parent's	1493
household at the time of the offense is the victim of the offense;	1494

(d) An offense under section 2907.02, 2907.03, 2907.04,	1495
2907.05, or 2907.06 of the Revised Code or under an existing or	1496
former law of this state, any other state, or the United States	1497
that is substantially equivalent to an offense described in those	1498
sections and the victim of the offense is the child, a sibling of	1499
the child, or another child who lived in the parent's household at	1500
the time of the offense;	1501

(e) A conspiracy or attempt to commit, or complicity in	1502
committing, an offense described in division (E)(7)(a) or (d) of	1503
this section.	1504

(8) The parent has repeatedly withheld medical treatment or	1505
food from the child when the parent has the means to provide the	1506
treatment or food, and, in the case of withheld medical treatment,	1507
the parent withheld it for a purpose other than to treat the	1508
physical or mental illness or defect of the child by spiritual	1509
means through prayer alone in accordance with the tenets of a	1510
recognized religious body.	1511

(9) The parent has placed the child at substantial risk of	1512
harm two or more times due to alcohol or drug abuse and has	1513
rejected treatment two or more times or refused to participate in	1514
further treatment two or more times after a case plan issued	1515
pursuant to section 2151.412 of the Revised Code requiring	1516
treatment of the parent was journalized as part of a dispositional	1517
order issued with respect to the child or an order was issued by	1518
any other court requiring treatment of the parent.	1519

(10) The parent has abandoned the child.

1520

(11) The parent has had parental rights involuntarily	1521
terminated pursuant to this section or section 2151.353 or	1522
2151.415 of the Revised Code with respect to a sibling of the	1523
child pursuant to this section or section 2151.353 or 2151.415 of	1524
the Revised Code or under an existing or former law of this state,	1525
any other state, or the United States that is substantially	1526
equivalent to those sections.	1527

(12) The parent is incarcerated at the time of the filing of	1528
the motion for permanent custody or the dispositional hearing of	1529
the child and will not be available to care for the child for at	1530
least eighteen months after the filing of the motion for permanent	1531
custody or the dispositional hearing.	1532

(13) The parent is repeatedly incarcerated, and the repeated	1533
incarceration prevents the parent from providing care for the	1534
child.	1535

(14) The parent for any reason is unwilling to provide food,	1536
clothing, shelter, and other basic necessities for the child or to	1537
prevent the child from suffering physical, emotional, or sexual	1538
abuse or physical, emotional, or mental neglect.	1539

(15) The parent has committed abuse as described in section	1540
2151.031 of the Revised Code against the child or caused or	1541
allowed the child to suffer neglect as described in section	1542
2151.03 of the Revised Code, and the court determines that the	1543
seriousness, nature, or likelihood of recurrence of the abuse or	1544
neglect makes the child's placement with the child's parent a	1545
threat to the child's safety.	1546

(16) Any other factor the court considers relevant.

1547

(F) The parents of a child for whom the court has issued an	1548
order granting permanent custody pursuant to this section, upon	1549
the issuance of the order, cease to be parties to the action. This	1550
division is not intended to eliminate or restrict any right of the	1551
parents to appeal the granting of permanent custody of their child	1552
to a movant pursuant to this section.	1553

Sec. 2151.417.  (A) Any court that issues a dispositional	1554
order pursuant to section 2151.353, 2151.414, or 2151.415 of the	1555
Revised Code may review at any time the child's placement or	1556
custody arrangement, the case plan prepared for the child pursuant	1557
to section 2151.412 of the Revised Code, the actions of the public	1558
children services agency or private child placing agency in	1559
implementing that case plan, the child's permanency plan, if the	1560
child's permanency plan has been approved, and any other aspects	1561
of the child's placement or custody arrangement. In conducting the	1562
review, the court shall determine the appropriateness of any	1563
agency actions, the safety and appropriateness of continuing the	1564
child's placement or custody arrangement, and whether any changes	1565
should be made with respect to the child's permanency plan or	1566
placement or custody arrangement or with respect to the actions of	1567
the agency under the child's placement or custody arrangement.	1568
Based upon the evidence presented at a hearing held after notice	1569
to all parties and the guardian ad litem of the child, the court	1570
may require the agency, the parents, guardian, or custodian of the	1571
child, and the physical custodians of the child to take any	1572
reasonable action that the court determines is necessary and in	1573
the best interest of the child or to discontinue any action that	1574
it determines is not in the best interest of the child.	1575

(B) If a court issues a dispositional order pursuant to	1576
section 2151.353, 2151.414, or 2151.415 of the Revised Code, the	1577
court has continuing jurisdiction over the child as set forth in	1578
division (E)(1) of section 2151.353 of the Revised Code. The court	1579
may amend a dispositional order in accordance with division (E)(2)	1580
of section 2151.353 of the Revised Code at any time upon its own	1581
motion or upon the motion of any interested party. The court shall	1582
comply with section 2151.42 of the Revised Code in amending any	1583
dispositional order pursuant to this division.	1584

(C) Any court that issues a dispositional order pursuant to	1585
section 2151.353, 2151.414, or 2151.415 of the Revised Code shall	1586
hold a review hearing one year after the earlier of the date on	1587
which the complaint in the case was filed or the child was first	1588
placed into shelter care to review the case plan prepared pursuant	1589
to section 2151.412 of the Revised Code and the child's placement	1590
or custody arrangement, to approve or review the permanency plan	1591
for the child, and to make changes to the case plan and placement	1592
or custody arrangement consistent with the permanency plan. The	1593
court shall schedule the review hearing at the time that it holds	1594
the dispositional hearing pursuant to section 2151.35 of the	1595
Revised Code.	1596

The court shall hold a similar review hearing no later than	1597
every twelve months after the initial review hearing until the	1598
child is adopted, returned to the parents, or the court otherwise	1599
terminates the child's placement or custody arrangement, except	1600
that the dispositional hearing held pursuant to section 2151.415	1601
of the Revised Code shall take the place of the first review	1602
hearing to be held under this section. The court shall schedule	1603
each subsequent review hearing at the conclusion of the review	1604
hearing immediately preceding the review hearing to be scheduled.	1605

(D) If, within fourteen days after a written summary of an	1606
administrative review is filed with the court pursuant to section	1607
2151.416 of the Revised Code, the court does not approve the	1608
proposed change to the case plan filed pursuant to division (E) of	1609
section 2151.416 of the Revised Code or a party or the guardian ad	1610
litem requests a review hearing pursuant to division (E) of that	1611
section, the court shall hold a review hearing in the same manner	1612
that it holds review hearings pursuant to division (C) of this	1613
section, except that if a review hearing is required by this	1614
division and if a hearing is to be held pursuant to division (C)	1615
of this section or section 2151.415 of the Revised Code, the	1616
hearing held pursuant to division (C) of this section or section	1617
2151.415 of the Revised Code shall take the place of the review	1618
hearing required by this division.	1619

(E) If a court determines pursuant to section 2151.419 of the	1620
Revised Code that a public children services agency or private	1621
child placing agency is not required to make reasonable efforts to	1622
prevent the removal of a child from the child's home, eliminate	1623
the continued removal of a child from the child's home, and return	1624
the child to the child's home, and the court does not return the	1625
child to the child's home pursuant to division (A)(3) of section	1626
2151.419 of the Revised Code, the court shall hold a review	1627
hearing to approve the permanency plan for the child and, if	1628
appropriate, to make changes to the child's case plan and the	1629
child's placement or custody arrangement consistent with the	1630
permanency plan. The court may hold the hearing immediately	1631
following the determination under section 2151.419 of the Revised	1632
Code and shall hold it no later than thirty days after making that	1633
determination.	1634

(F) The court shall give notice of the review hearings held	1635
pursuant to this section to every interested party, including, but	1636
not limited to, the appropriate agency employees who are	1637
responsible for the child's care and planning, the child's	1638
parents, any person who had guardianship or legal custody of the	1639
child prior to the custody order, the child's guardian ad litem,	1640
and the child. The court shall summon every interested party to	1641
appear at the review hearing and give them an opportunity to	1642
testify and to present other evidence with respect to the child's	1643
custody arrangement, including, but not limited to, the following:	1644
the case plan for the child, the permanency plan, if one exists;	1645
the actions taken by the child's custodian; the need for a change	1646
in the child's custodian or caseworker; and the need for any	1647
specific action to be taken with respect to the child. The court	1648
shall require any interested party to testify or present other	1649
evidence when necessary to a proper determination of the issues	1650
presented at the review hearing. In any review hearing that	1651
pertains to a permanency plan for a child who will not be returned	1652
to the parent, the court shall consider in-state and out-of-state	1653
placement options and the court shall determine whether the	1654
in-state or the out-of-state placement continues to be appropriate	1655
and in the best interests of the child. In any review hearing that	1656
pertains to a permanency plan for a child, the court or a citizens	1657
board appointed by the court pursuant to division (H) of this	1658
section shall consult with the child, in an age-appropriate	1659
manner, regarding the proposed permanency plan for the child.	1660

(G) After the review hearing, the court shall take the	1661
following actions based upon the evidence presented:	1662

(1) If an administrative review has been conducted, determine	1663
whether the conclusions of the review are supported by a	1664
preponderance of the evidence and approve or modify the case plan	1665
based upon that evidence;	1666

(2) If the hearing was held under division (C) or (E) of this	1667
section, approve a permanency plan for the child that specifies	1668
whether and, if applicable, when the child will be safely returned	1669
home or placed for adoption, for legal custody, or in a planned	1670
permanent living arrangement. A permanency plan approved after a	1671
hearing under division (E) of this section shall not include any	1672
provision requiring the child to be returned to the child's home.	1673

(3) If the child is in temporary custody, do all of the	1674
following:	1675

(a) Determine whether the child can and should be returned	1676
home with or without an order for protective supervision;	1677

(b) If the child can and should be returned home with or	1678
without an order for protective supervision, terminate the order	1679
for temporary custody;	1680

(c) If the child cannot or should not be returned home with	1681
an order for protective supervision, determine whether the agency	1682
currently with custody of the child should retain custody or	1683
whether another public children services agency, private child	1684
placing agency, or an individual should be given custody of the	1685
child.	1686

The court shall comply with section 2151.42 of the Revised	1687
Code in taking any action under this division.	1688

(4) If the child is in permanent custody, determine what	1689
actions are required by the custodial agency and of any other	1690
organizations or persons in order to facilitate an adoption of the	1691
child and make any appropriate orders with respect to the custody	1692
arrangement or conditions of the child, including, but not limited	1693
to, a transfer of permanent custody to another public children	1694
services agency or private child placing agency;	1695

(5) Journalize the terms of the updated case plan for the	1696
child.	1697

(H) The court may appoint a referee or a citizens review	1698
board to conduct the review hearings that the court is required by	1699
this section to conduct, subject to the review and approval by the	1700
court of any determinations made by the referee or citizens review	1701
board. If the court appoints a citizens review board to conduct	1702
the review hearings, the board shall consist of one member	1703
representing the general public and four members who are trained	1704
or experienced in the care or placement of children and have	1705
training or experience in the fields of medicine, psychology,	1706
social work, education, or any related field. Of the initial	1707
appointments to the board, two shall be for a term of one year,	1708
two shall be for a term of two years, and one shall be for a term	1709
of three years, with all the terms ending one year after the date	1710
on which the appointment was made. Thereafter, all terms of the	1711
board members shall be for three years and shall end on the same	1712
day of the same month of the year as did the term that they	1713
succeed. Any member appointed to fill a vacancy occurring prior to	1714
the expiration of the term for which the member's predecessor was	1715
appointed shall hold office for the remainder of the term.	1716

(I) A copy of the court's determination following any review	1717
hearing held pursuant to this section shall be sent to the	1718
custodial agency, the guardian ad litem of the child who is the	1719
subject of the review hearing, and, if that child is not the	1720
subject of a permanent commitment hearing, the parents of the	1721
child.	1722

(J) If the hearing held under this section takes the place of	1723
an administrative review that otherwise would have been held under	1724
section 2151.416 of the Revised Code, the court at the hearing	1725
held under this section shall do all of the following in addition	1726
to any other requirements of this section:	1727

(1) Determine the continued necessity for and the safety and	1728
appropriateness of the child's placement;	1729

(2) Determine the extent of compliance with the child's case	1730
plan;	1731

(3) Determine the extent of progress that has been made	1732
toward alleviating or mitigating the causes necessitating the	1733
child's placement in foster care;	1734

(4) Project a likely date by which the child may be safely	1735
returned home or placed for adoption or legal custody.	1736

(K)(1) Whenever the court is required to approve a permanency	1737
plan under this section or section 2151.415 of the Revised Code,	1738
the public children services agency or private child placing	1739
agency that filed the complaint in the case, has custody of the	1740
child, or will be given custody of the child shall develop a	1741
permanency plan for the child. The agency must file the plan with	1742
the court prior to the hearing under this section or section	1743
2151.415 of the Revised Code.	1744

(2) The permanency plan developed by the agency must specify	1745
whether and, if applicable, when the child will be safely returned	1746
home or placed for adoption or legal custody. If the agency	1747
determines that there is a compelling reason why returning the	1748
child home or placing the child for adoption or legal custody is	1749
not in the best interest of the child, the plan shall provide that	1750
the child will be placed in a planned permanent living	1751
arrangement. A permanency plan developed as a result of a	1752
determination made under division (A)(2) of section 2151.419 of	1753
the Revised Code may not include any provision requiring the child	1754
to be returned home.	1755

Sec. 2151.419.  (A)(1) Except as provided in division (A)(2)	1756
of this section, at any hearing held pursuant to section 2151.28,	1757
division (E) of section 2151.31, or section 2151.314, 2151.33, or	1758
2151.353 of the Revised Code at which the court removes a child	1759
from the child's home or continues the removal of a child from the	1760
child's home, the court shall determine whether the public	1761
children services agency or private child placing agency that	1762
filed the complaint in the case, removed the child from home, has	1763
custody of the child, or will be given custody of the child has	1764
made reasonable efforts to prevent the removal of the child from	1765
the child's home, to eliminate the continued removal of the child	1766
from the child's home, or to make it possible for the child to	1767
return safely home. The agency shall have the burden of proving	1768
that it has made those reasonable efforts. If the agency removed	1769
the child from home during an emergency in which the child could	1770
not safely remain at home and the agency did not have prior	1771
contact with the child, the court is not prohibited, solely	1772
because the agency did not make reasonable efforts during the	1773
emergency to prevent the removal of the child, from determining	1774
that the agency made those reasonable efforts. In determining	1775
whether reasonable efforts were made, the child's health and	1776
safety shall be paramount.	1777

(2) If any of the following apply, the court shall make a	1778
determination that the agency is not required to make reasonable	1779
efforts to prevent the removal of the child from the child's home,	1780
eliminate the continued removal of the child from the child's	1781
home, and return the child to the child's home:	1782

(a) The parent from whom the child was removed has been	1783
convicted of or pleaded guilty to one of the following:	1784

(i) An offense under section 2903.01, 2903.02, or 2903.03 of	1785
the Revised Code or under an existing or former law of this state,	1786
any other state, or the United States that is substantially	1787
equivalent to an offense described in those sections and the	1788
victim of the offense was a sibling of the child or the victim was	1789
another child who lived in the parent's household at the time of	1790
the offense;	1791

(ii) An offense under section 2903.11, 2903.12, or 2903.13 of	1792
the Revised Code or under an existing or former law of this state,	1793
any other state, or the United States that is substantially	1794
equivalent to an offense described in those sections and the	1795
victim of the offense is the child, a sibling of the child, or	1796
another child who lived in the parent's household at the time of	1797
the offense;	1798

(iii) An offense under division (B)(2) of section 2919.22 of	1799
the Revised Code or under an existing or former law of this state,	1800
any other state, or the United States that is substantially	1801
equivalent to the offense described in that section and the child,	1802
a sibling of the child, or another child who lived in the parent's	1803
household at the time of the offense is the victim of the offense;	1804

(iv) An offense under section 2907.02, 2907.03, 2907.04,	1805
2907.05, or 2907.06 of the Revised Code or under an existing or	1806
former law of this state, any other state, or the United States	1807
that is substantially equivalent to an offense described in those	1808
sections and the victim of the offense is the child, a sibling of	1809
the child, or another child who lived in the parent's household at	1810
the time of the offense;	1811

(v) A conspiracy or attempt to commit, or complicity in	1812
committing, an offense described in division (A)(2)(a)(i) or (iv)	1813
of this section.	1814

(b) The parent from whom the child was removed has repeatedly	1815
withheld medical treatment or food from the child when the parent	1816
has the means to provide the treatment or food. If the parent has	1817
withheld medical treatment in order to treat the physical or	1818
mental illness or defect of the child by spiritual means through	1819
prayer alone, in accordance with the tenets of a recognized	1820
religious body, the court or agency shall comply with the	1821
requirements of division (A)(1) of this section.	1822

(c) The parent from whom the child was removed has placed the	1823
child at substantial risk of harm two or more times due to alcohol	1824
or drug abuse and has rejected treatment two or more times or	1825
refused to participate in further treatment two or more times	1826
after a case plan issued pursuant to section 2151.412 of the	1827
Revised Code requiring treatment of the parent was journalized as	1828
part of a dispositional order issued with respect to the child or	1829
an order was issued by any other court requiring such treatment of	1830
the parent.	1831

(d) The parent from whom the child was removed has abandoned	1832
the child.	1833

(e) The parent from whom the child was removed has had	1834
parental rights involuntarily terminated pursuant to section	1835
2151.353, 2151.414, or 2151.415 of the Revised Code with respect	1836
to a sibling of the child pursuant to section 2151.353, 2151.414,	1837
or 2151.415 of the Revised Code or under an existing or former law	1838
of this state, any other state, or the United States that is	1839
substantially equivalent to those sections.	1840

(3) At any hearing in which the court determines whether to	1841
return a child to the child's home, the court may issue an order	1842
that returns the child in situations in which the conditions	1843
described in divisions (A)(2)(a) to (e) of this section are	1844
present.	1845

(B)(1) A court that is required to make a determination as	1846
described in division (A)(1) or (2) of this section shall issue	1847
written findings of fact setting forth the reasons supporting its	1848
determination. If the court makes a written determination under	1849
division (A)(1) of this section, it shall briefly describe in the	1850
findings of fact the relevant services provided by the agency to	1851
the family of the child and why those services did not prevent the	1852
removal of the child from the child's home or enable the child to	1853
return safely home.	1854

(2) If a court issues an order that returns the child to the	1855
child's home in situations in which division (A)(2)(a), (b), (c),	1856
(d), or (e) of this section applies, the court shall issue written	1857
findings of fact setting forth the reasons supporting its	1858
determination.	1859

(C) If the court makes a determination pursuant to division	1860
(A)(2) of this section, the court shall conduct a review hearing	1861
pursuant to section 2151.417 of the Revised Code to approve a	1862
permanency plan with respect to the child, unless the court issues	1863
an order returning the child home pursuant to division (A)(3) of	1864
this section. The hearing to approve the permanency plan may be	1865
held immediately following the court's determination pursuant to	1866
division (A)(2) of this section and shall be held no later than	1867
thirty days following that determination.	1868

Sec. 2151.421.  (A)(1)(a) No person described in division	1869
(A)(1)(b) of this section who is acting in an official or	1870
professional capacity and knows, or has reasonable cause to	1871
suspect based on facts that would cause a reasonable person in a	1872
similar position to suspect, that a child under eighteen years of	1873
age or a mentally retarded, developmentally disabled, or	1874
physically impaired child under twenty-one years of age has	1875
suffered or faces a threat of suffering any physical or mental	1876
wound, injury, disability, or condition of a nature that	1877
reasonably indicates abuse or neglect of the child shall fail to	1878
immediately report that knowledge or reasonable cause to suspect	1879
to the entity or persons specified in this division. Except as	1880
provided in section 5120.173 of the Revised Code, the person	1881
making the report shall make it to the public children services	1882
agency or a municipal or county peace officer in the county in	1883
which the child resides or in which the abuse or neglect is	1884
occurring or has occurred. In the circumstances described in	1885
section 5120.173 of the Revised Code, the person making the report	1886
shall make it to the entity specified in that section.	1887

(b) Division (A)(1)(a) of this section applies to any person	1888
who is an attorney; physician, including a hospital intern or	1889
resident; dentist; podiatrist; practitioner of a limited branch of	1890
medicine as specified in section 4731.15 of the Revised Code;	1891
registered nurse; licensed practical nurse; visiting nurse; other	1892
health care professional; licensed psychologist; licensed school	1893
psychologist; independent marriage and family therapist or	1894
marriage and family therapist; speech pathologist or audiologist;	1895
coroner; administrator or employee of a child day-care center;	1896
administrator or employee of a residential camp or child day camp;	1897
administrator or employee of a certified child care agency or	1898
other public or private children services agency; school teacher;	1899
school employee; school authority; person engaged in social work	1900
or the practice of professional counseling; agent of a county	1901
humane society; person, other than a cleric, rendering spiritual	1902
treatment through prayer in accordance with the tenets of a	1903
well-recognized religion; employee of a county department of job	1904
and family services who is a professional and who works with	1905
children and families; superintendent, board member, or employee	1906
of a county board of mental retardation; investigative agent	1907
contracted with by a county board of mental retardation; employee	1908
of the department of mental retardation and developmental	1909
disabilities; employee of a facility or home that provides respite	1910
care in accordance with section 5123.171 of the Revised Code;	1911
employee of a home health agency; employee of an entity that	1912
provides homemaker services; a person performing the duties of an	1913
assessor pursuant to Chapter 3107. or 5103. of the Revised Code;	1914
or third party employed by a public children services agency to	1915
assist in providing child or family related services.	1916

(2) Except as provided in division (A)(3) of this section, an	1917
attorney or a physician is not required to make a report pursuant	1918
to division (A)(1) of this section concerning any communication	1919
the attorney or physician receives from a client or patient in an	1920
attorney-client or physician-patient relationship, if, in	1921
accordance with division (A) or (B) of section 2317.02 of the	1922
Revised Code, the attorney or physician could not testify with	1923
respect to that communication in a civil or criminal proceeding.	1924

(3) The client or patient in an attorney-client or	1925
physician-patient relationship described in division (A)(2) of	1926
this section is deemed to have waived any testimonial privilege	1927
under division (A) or (B) of section 2317.02 of the Revised Code	1928
with respect to any communication the attorney or physician	1929
receives from the client or patient in that attorney-client or	1930
physician-patient relationship, and the attorney or physician	1931
shall make a report pursuant to division (A)(1) of this section	1932
with respect to that communication, if all of the following apply:	1933

(a) The client or patient, at the time of the communication,	1934
is either a child under eighteen years of age or a mentally	1935
retarded, developmentally disabled, or physically impaired person	1936
under twenty-one years of age.	1937

(b) The attorney or physician knows, or has reasonable cause	1938
to suspect based on facts that would cause a reasonable person in	1939
similar position to suspect, as a result of the communication or	1940
any observations made during that communication, that the client	1941
or patient has suffered or faces a threat of suffering any	1942
physical or mental wound, injury, disability, or condition of a	1943
nature that reasonably indicates abuse or neglect of the client or	1944
patient.	1945

(c) The abuse or neglect does not arise out of the client's	1946
or patient's attempt to have an abortion without the notification	1947
of her parents, guardian, or custodian in accordance with section	1948
2151.85 of the Revised Code.	1949

(4)(a) No cleric and no person, other than a volunteer,	1950
designated by any church, religious society, or faith acting as a	1951
leader, official, or delegate on behalf of the church, religious	1952
society, or faith who is acting in an official or professional	1953
capacity, who knows, or has reasonable cause to believe based on	1954
facts that would cause a reasonable person in a similar position	1955
to believe, that a child under eighteen years of age or a mentally	1956
retarded, developmentally disabled, or physically impaired child	1957
under twenty-one years of age has suffered or faces a threat of	1958
suffering any physical or mental wound, injury, disability, or	1959
condition of a nature that reasonably indicates abuse or neglect	1960
of the child, and who knows, or has reasonable cause to believe	1961
based on facts that would cause a reasonable person in a similar	1962
position to believe, that another cleric or another person, other	1963
than a volunteer, designated by a church, religious society, or	1964
faith acting as a leader, official, or delegate on behalf of the	1965
church, religious society, or faith caused, or poses the threat of	1966
causing, the wound, injury, disability, or condition that	1967
reasonably indicates abuse or neglect shall fail to immediately	1968
report that knowledge or reasonable cause to believe to the entity	1969
or persons specified in this division. Except as provided in	1970
section 5120.173 of the Revised Code, the person making the report	1971
shall make it to the public children services agency or a	1972
municipal or county peace officer in the county in which the child	1973
resides or in which the abuse or neglect is occurring or has	1974
occurred. In the circumstances described in section 5120.173 of	1975
the Revised Code, the person making the report shall make it to	1976
the entity specified in that section.	1977

(b) Except as provided in division (A)(4)(c) of this section,	1978
a cleric is not required to make a report pursuant to division	1979
(A)(4)(a) of this section concerning any communication the cleric	1980
receives from a penitent in a cleric-penitent relationship, if, in	1981
accordance with division (C) of section 2317.02 of the Revised	1982
Code, the cleric could not testify with respect to that	1983
communication in a civil or criminal proceeding.	1984

(c) The penitent in a cleric-penitent relationship described	1985
in division (A)(4)(b) of this section is deemed to have waived any	1986
testimonial privilege under division (C) of section 2317.02 of the	1987
Revised Code with respect to any communication the cleric receives	1988
from the penitent in that cleric-penitent relationship, and the	1989
cleric shall make a report pursuant to division (A)(4)(a) of this	1990
section with respect to that communication, if all of the	1991
following apply:	1992

(i) The penitent, at the time of the communication, is either	1993
a child under eighteen years of age or a mentally retarded,	1994
developmentally disabled, or physically impaired person under	1995
twenty-one years of age.	1996

(ii) The cleric knows, or has reasonable cause to believe	1997
based on facts that would cause a reasonable person in a similar	1998
position to believe, as a result of the communication or any	1999
observations made during that communication, the penitent has	2000
suffered or faces a threat of suffering any physical or mental	2001
wound, injury, disability, or condition of a nature that	2002
reasonably indicates abuse or neglect of the penitent.	2003

(iii) The abuse or neglect does not arise out of the	2004
penitent's attempt to have an abortion performed upon a child	2005
under eighteen years of age or upon a mentally retarded,	2006
developmentally disabled, or physically impaired person under	2007
twenty-one years of age without the notification of her parents,	2008
guardian, or custodian in accordance with section 2151.85 of the	2009
Revised Code.	2010

(d) Divisions (A)(4)(a) and (c) of this section do not apply	2011
in a cleric-penitent relationship when the disclosure of any	2012
communication the cleric receives from the penitent is in	2013
violation of the sacred trust.	2014

(e) As used in divisions (A)(1) and (4) of this section,	2015
"cleric" and "sacred trust" have the same meanings as in section	2016
2317.02 of the Revised Code.	2017

(B) Anyone who knows, or has reasonable cause to suspect	2018
based on facts that would cause a reasonable person in similar	2019
circumstances to suspect, that a child under eighteen years of age	2020
or a mentally retarded, developmentally disabled, or physically	2021
impaired person under twenty-one years of age has suffered or	2022
faces a threat of suffering any physical or mental wound, injury,	2023
disability, or other condition of a nature that reasonably	2024
indicates abuse or neglect of the child may report or cause	2025
reports to be made of that knowledge or reasonable cause to	2026
suspect to the entity or persons specified in this division.	2027
Except as provided in section 5120.173 of the Revised Code, a	2028
person making a report or causing a report to be made under this	2029
division shall make it or cause it to be made to the public	2030
children services agency or to a municipal or county peace	2031
officer. In the circumstances described in section 5120.173 of the	2032
Revised Code, a person making a report or causing a report to be	2033
made under this division shall make it or cause it to be made to	2034
the entity specified in that section.	2035

(C) Any report made pursuant to division (A) or (B) of this	2036
section shall be made forthwith either by telephone or in person	2037
and shall be followed by a written report, if requested by the	2038
receiving agency or officer. The written report shall contain:	2039

(1) The names and addresses of the child and the child's	2040
parents or the person or persons having custody of the child, if	2041
known;	2042

(2) The child's age and the nature and extent of the child's	2043
injuries, abuse, or neglect that is known or reasonably suspected	2044
or believed, as applicable, to have occurred or of the threat of	2045
injury, abuse, or neglect that is known or reasonably suspected or	2046
believed, as applicable, to exist, including any evidence of	2047
previous injuries, abuse, or neglect;	2048

(3) Any other information that might be helpful in	2049
establishing the cause of the injury, abuse, or neglect that is	2050
known or reasonably suspected or believed, as applicable, to have	2051
occurred or of the threat of injury, abuse, or neglect that is	2052
known or reasonably suspected or believed, as applicable, to	2053
exist.	2054

Any person, who is required by division (A) of this section	2055
to report child abuse or child neglect that is known or reasonably	2056
suspected or believed to have occurred, may take or cause to be	2057
taken color photographs of areas of trauma visible on a child and,	2058
if medically indicated, cause to be performed radiological	2059
examinations of the child.	2060

(D) As used in this division, "children's advocacy center"	2061
and "sexual abuse of a child" have the same meanings as in section	2062
2151.425 of the Revised Code.	2063

(1) When a municipal or county peace officer receives a	2064
report concerning the possible abuse or neglect of a child or the	2065
possible threat of abuse or neglect of a child, upon receipt of	2066
the report, the municipal or county peace officer who receives the	2067
report shall refer the report to the appropriate public children	2068
services agency.	2069

(2) When a public children services agency receives a report	2070
pursuant to this division or division (A) or (B) of this section,	2071
upon receipt of the report, the public children services agency	2072
shall do both of the following:	2073

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

2074

(b) If the county served by the agency is also served by a	2075
children's advocacy center and the report alleges sexual abuse of	2076
a child or another type of abuse of a child that is specified in	2077
the memorandum of understanding that creates the center as being	2078
within the center's jurisdiction, comply regarding the report with	2079
the protocol and procedures for referrals and investigations, with	2080
the coordinating activities, and with the authority or	2081
responsibility for performing or providing functions, activities,	2082
and services stipulated in the interagency agreement entered into	2083
under section 2151.428 of the Revised Code relative to that	2084
center.	2085

(E) No township, municipal, or county peace officer shall	2086
remove a child about whom a report is made pursuant to this	2087
section from the child's parents, stepparents, or guardian or any	2088
other persons having custody of the child without consultation	2089
with the public children services agency, unless, in the judgment	2090
of the officer, and, if the report was made by physician, the	2091
physician, immediate removal is considered essential to protect	2092
the child from further abuse or neglect. The agency that must be	2093
consulted shall be the agency conducting the investigation of the	2094
report as determined pursuant to section 2151.422 of the Revised	2095
Code.	2096

(F)(1) Except as provided in section 2151.422 of the Revised	2097
Code or in an interagency agreement entered into under section	2098
2151.428 of the Revised Code that applies to the particular	2099
report, the public children services agency shall investigate,	2100
within twenty-four hours, each report of child abuse or child	2101
neglect that is known or reasonably suspected or believed to have	2102
occurred and of a threat of child abuse or child neglect that is	2103
known or reasonably suspected or believed to exist that is	2104
referred to it under this section to determine the circumstances	2105
surrounding the injuries, abuse, or neglect or the threat of	2106
injury, abuse, or neglect, the cause of the injuries, abuse,	2107
neglect, or threat, and the person or persons responsible. The	2108
investigation shall be made in cooperation with the law	2109
enforcement agency and in accordance with the memorandum of	2110
understanding prepared under division (J) of this section. A	2111
representative of the public children services agency shall, at	2112
the time of initial contact with the person subject to the	2113
investigation, inform the person of the specific complaints or	2114
allegations made against the person. The information shall be	2115
given in a manner that is consistent with division (H)(1) of this	2116
section and protects the rights of the person making the report	2117
under this section.	2118

A failure to make the investigation in accordance with the	2119
memorandum is not grounds for, and shall not result in, the	2120
dismissal of any charges or complaint arising from the report or	2121
the suppression of any evidence obtained as a result of the report	2122
and does not give, and shall not be construed as giving, any	2123
rights or any grounds for appeal or post-conviction relief to any	2124
person. The public children services agency shall report each case	2125
to the uniform statewide automated child welfare information	2126
system that the department of job and family services shall	2127
maintain in accordance with section 5101.13 of the Revised Code.	2128
The public children services agency shall submit a report of its	2129
investigation, in writing, to the law enforcement agency.	2130

(2) The public children services agency shall make any	2131
recommendations to the county prosecuting attorney or city	2132
director of law that it considers necessary to protect any	2133
children that are brought to its attention.	2134

(G)(1)(a) Except as provided in division (H)(3) of this	2135
section, anyone or any hospital, institution, school, health	2136
department, or agency participating in the making of reports under	2137
division (A) of this section, anyone or any hospital, institution,	2138
school, health department, or agency participating in good faith	2139
in the making of reports under division (B) of this section, and	2140
anyone participating in good faith in a judicial proceeding	2141
resulting from the reports, shall be immune from any civil or	2142
criminal liability for injury, death, or loss to person or	2143
property that otherwise might be incurred or imposed as a result	2144
of the making of the reports or the participation in the judicial	2145
proceeding.	2146

(b) Notwithstanding section 4731.22 of the Revised Code, the	2147
physician-patient privilege shall not be a ground for excluding	2148
evidence regarding a child's injuries, abuse, or neglect, or the	2149
cause of the injuries, abuse, or neglect in any judicial	2150
proceeding resulting from a report submitted pursuant to this	2151
section.	2152

(2) In any civil or criminal action or proceeding in which it	2153
is alleged and proved that participation in the making of a report	2154
under this section was not in good faith or participation in a	2155
judicial proceeding resulting from a report made under this	2156
section was not in good faith, the court shall award the	2157
prevailing party reasonable attorney's fees and costs and, if a	2158
civil action or proceeding is voluntarily dismissed, may award	2159
reasonable attorney's fees and costs to the party against whom the	2160
civil action or proceeding is brought.	2161

(H)(1) Except as provided in divisions (H)(4) and (M) of this	2162
section, a report made under this section is confidential. The	2163
information provided in a report made pursuant to this section and	2164
the name of the person who made the report shall not be released	2165
for use, and shall not be used, as evidence in any civil action or	2166
proceeding brought against the person who made the report. In a	2167
criminal proceeding, the report is admissible in evidence in	2168
accordance with the Rules of Evidence and is subject to discovery	2169
in accordance with the Rules of Criminal Procedure.	2170

(2) No person shall permit or encourage the unauthorized	2171
dissemination of the contents of any report made under this	2172
section.	2173

(3) A person who knowingly makes or causes another person to	2174
make a false report under division (B) of this section that	2175
alleges that any person has committed an act or omission that	2176
resulted in a child being an abused child or a neglected child is	2177
guilty of a violation of section 2921.14 of the Revised Code.	2178

(4) If a report is made pursuant to division (A) or (B) of	2179
this section and the child who is the subject of the report dies	2180
for any reason at any time after the report is made, but before	2181
the child attains eighteen years of age, the public children	2182
services agency or municipal or county peace officer to which the	2183
report was made or referred, on the request of the child fatality	2184
review board, shall submit a summary sheet of information	2185
providing a summary of the report to the review board of the	2186
county in which the deceased child resided at the time of death.	2187
On the request of the review board, the agency or peace officer	2188
may, at its discretion, make the report available to the review	2189
board. If the county served by the public children services agency	2190
is also served by a children's advocacy center and the report of	2191
alleged sexual abuse of a child or another type of abuse of a	2192
child is specified in the memorandum of understanding that creates	2193
the center as being within the center's jurisdiction, the agency	2194
or center shall perform the duties and functions specified in this	2195
division in accordance with the interagency agreement entered into	2196
under section 2151.428 of the Revised Code relative to that	2197
advocacy center.	2198

(5) A public children services agency shall advise a person	2199
alleged to have inflicted abuse or neglect on a child who is the	2200
subject of a report made pursuant to this section, including a	2201
report alleging sexual abuse of a child or another type of abuse	2202
of a child referred to a children's advocacy center pursuant to an	2203
interagency agreement entered into under section 2151.428 of the	2204
Revised Code, in writing of the disposition of the investigation.	2205
The agency shall not provide to the person any information that	2206
identifies the person who made the report, statements of	2207
witnesses, or police or other investigative reports.	2208

(I) Any report that is required by this section, other than a	2209
report that is made to the state highway patrol as described in	2210
section 5120.173 of the Revised Code, shall result in protective	2211
services and emergency supportive services being made available by	2212
the public children services agency on behalf of the children	2213
about whom the report is made, in an effort to prevent further	2214
neglect or abuse, to enhance their welfare, and, whenever	2215
possible, to preserve the family unit intact. The agency required	2216
to provide the services shall be the agency conducting the	2217
investigation of the report pursuant to section 2151.422 of the	2218
Revised Code.	2219

(J)(1) Each public children services agency shall prepare a	2220
memorandum of understanding that is signed by all of the	2221
following:	2222

(a) If there is only one juvenile judge in the county, the	2223
juvenile judge of the county or the juvenile judge's	2224
representative;	2225

(b) If there is more than one juvenile judge in the county, a	2226
juvenile judge or the juvenile judges' representative selected by	2227
the juvenile judges or, if they are unable to do so for any	2228
reason, the juvenile judge who is senior in point of service or	2229
the senior juvenile judge's representative;	2230

(c) The county peace officer;

2231

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

2232

(e) Other law enforcement officers handling child abuse and	2233
neglect cases in the county;	2234

(f) The prosecuting attorney of the county;

2235

(g) If the public children services agency is not the county	2236
department of job and family services, the county department of	2237
job and family services;	2238

(h) The county humane society;

2239

(i) If the public children services agency participated in	2240
the execution of a memorandum of understanding under section	2241
2151.426 of the Revised Code establishing a children's advocacy	2242
center, each participating member of the children's advocacy	2243
center established by the memorandum.	2244

(2) A memorandum of understanding shall set forth the normal	2245
operating procedure to be employed by all concerned officials in	2246
the execution of their respective responsibilities under this	2247
section and division (C) of section 2919.21, division (B)(1) of	2248
section 2919.22, division (B) of section 2919.23, and section	2249
2919.24 of the Revised Code and shall have as two of its primary	2250
goals the elimination of all unnecessary interviews of children	2251
who are the subject of reports made pursuant to division (A) or	2252
(B) of this section and, when feasible, providing for only one	2253
interview of a child who is the subject of any report made	2254
pursuant to division (A) or (B) of this section. A failure to	2255
follow the procedure set forth in the memorandum by the concerned	2256
officials is not grounds for, and shall not result in, the	2257
dismissal of any charges or complaint arising from any reported	2258
case of abuse or neglect or the suppression of any evidence	2259
obtained as a result of any reported child abuse or child neglect	2260
and does not give, and shall not be construed as giving, any	2261
rights or any grounds for appeal or post-conviction relief to any	2262
person.	2263

(3) A memorandum of understanding shall include all of the	2264
following:	2265

(a) The roles and responsibilities for handling emergency and	2266
nonemergency cases of abuse and neglect;	2267

(b) Standards and procedures to be used in handling and	2268
coordinating investigations of reported cases of child abuse and	2269
reported cases of child neglect, methods to be used in	2270
interviewing the child who is the subject of the report and who	2271
allegedly was abused or neglected, and standards and procedures	2272
addressing the categories of persons who may interview the child	2273
who is the subject of the report and who allegedly was abused or	2274
neglected.	2275

(4) If a public children services agency participated in the	2276
execution of a memorandum of understanding under section 2151.426	2277
of the Revised Code establishing a children's advocacy center, the	2278
agency shall incorporate the contents of that memorandum in the	2279
memorandum prepared pursuant to this section.	2280

(5) The clerk of the court of common pleas in the county may	2281
sign the memorandum of understanding prepared under division	2282
(J)(1) of this section. If the clerk signs the memorandum of	2283
understanding, the clerk shall execute all relevant	2284
responsibilities as required of officials specified in the	2285
memorandum.	2286

(K)(1) Except as provided in division (K)(4) of this section,	2287
a person who is required to make a report pursuant to division (A)	2288
of this section may make a reasonable number of requests of the	2289
public children services agency that receives or is referred the	2290
report, or of the children's advocacy center that is referred the	2291
report if the report is referred to a children's advocacy center	2292
pursuant to an interagency agreement entered into under section	2293
2151.428 of the Revised Code, to be provided with the following	2294
information:	2295

(a) Whether the agency or center has initiated an	2296
investigation of the report;	2297

(b) Whether the agency or center is continuing to investigate	2298
the report;	2299

(c) Whether the agency or center is otherwise involved with	2300
the child who is the subject of the report;	2301

(d) The general status of the health and safety of the child	2302
who is the subject of the report;	2303

(e) Whether the report has resulted in the filing of a	2304
complaint in juvenile court or of criminal charges in another	2305
court.	2306

(2) A person may request the information specified in	2307
division (K)(1) of this section only if, at the time the report is	2308
made, the person's name, address, and telephone number are	2309
provided to the person who receives the report.	2310

When a municipal or county peace officer or employee of a	2311
public children services agency receives a report pursuant to	2312
division (A) or (B) of this section the recipient of the report	2313
shall inform the person of the right to request the information	2314
described in division (K)(1) of this section. The recipient of the	2315
report shall include in the initial child abuse or child neglect	2316
report that the person making the report was so informed and, if	2317
provided at the time of the making of the report, shall include	2318
the person's name, address, and telephone number in the report.	2319

Each request is subject to verification of the identity of	2320
the person making the report. If that person's identity is	2321
verified, the agency shall provide the person with the information	2322
described in division (K)(1) of this section a reasonable number	2323
of times, except that the agency shall not disclose any	2324
confidential information regarding the child who is the subject of	2325
the report other than the information described in those	2326
divisions.	2327

(3) A request made pursuant to division (K)(1) of this	2328
section is not a substitute for any report required to be made	2329
pursuant to division (A) of this section.	2330

(4) If an agency other than the agency that received or was	2331
referred the report is conducting the investigation of the report	2332
pursuant to section 2151.422 of the Revised Code, the agency	2333
conducting the investigation shall comply with the requirements of	2334
division (K) of this section.	2335

(L) The director of job and family services shall adopt rules	2336
in accordance with Chapter 119. of the Revised Code to implement	2337
this section. The department of job and family services may enter	2338
into a plan of cooperation with any other governmental entity to	2339
aid in ensuring that children are protected from abuse and	2340
neglect. The department shall make recommendations to the attorney	2341
general that the department determines are necessary to protect	2342
children from child abuse and child neglect.	2343

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

2344

(a) "Out-of-home care" includes a nonchartered nonpublic	2345
school if the alleged child abuse or child neglect, or alleged	2346
threat of child abuse or child neglect, described in a report	2347
received by a public children services agency allegedly occurred	2348
in or involved the nonchartered nonpublic school and the alleged	2349
perpetrator named in the report holds a certificate, permit, or	2350
license issued by the state board of education under section	2351
3301.071 or Chapter 3319. of the Revised Code.	2352

(b) "Administrator, director, or other chief administrative	2353
officer" means the superintendent of the school district if the	2354
out-of-home care entity subject to a report made pursuant to this	2355
section is a school operated by the district.	2356

(2) No later than the end of the day following the day on	2357
which a public children services agency receives a report of	2358
alleged child abuse or child neglect, or a report of an alleged	2359
threat of child abuse or child neglect, that allegedly occurred in	2360
or involved an out-of-home care entity, the agency shall provide	2361
written notice of the allegations contained in and the person	2362
named as the alleged perpetrator in the report to the	2363
administrator, director, or other chief administrative officer of	2364
the out-of-home care entity that is the subject of the report	2365
unless the administrator, director, or other chief administrative	2366
officer is named as an alleged perpetrator in the report. If the	2367
administrator, director, or other chief administrative officer of	2368
an out-of-home care entity is named as an alleged perpetrator in a	2369
report of alleged child abuse or child neglect, or a report of an	2370
alleged threat of child abuse or child neglect, that allegedly	2371
occurred in or involved the out-of-home care entity, the agency	2372
shall provide the written notice to the owner or governing board	2373
of the out-of-home care entity that is the subject of the report.	2374
The agency shall not provide witness statements or police or other	2375
investigative reports.	2376

(3) No later than three days after the day on which a public	2377
children services agency that conducted the investigation as	2378
determined pursuant to section 2151.422 of the Revised Code makes	2379
a disposition of an investigation involving a report of alleged	2380
child abuse or child neglect, or a report of an alleged threat of	2381
child abuse or child neglect, that allegedly occurred in or	2382
involved an out-of-home care entity, the agency shall send written	2383
notice of the disposition of the investigation to the	2384
administrator, director, or other chief administrative officer and	2385
the owner or governing board of the out-of-home care entity. The	2386
agency shall not provide witness statements or police or other	2387
investigative reports.	2388

Sec. 2151.424.  (A) If a child has been placed in a certified	2389
foster home or is in the custody of a relative of the child, other	2390
than a parent of the child, a court, prior to conducting any	2391
hearing pursuant to division (E)(2) or (3) of section 2151.412 or	2392
section 2151.28, 2151.33, 2151.35, 2151.414, 2151.415, 2151.416,	2393
or 2151.417 of the Revised Code with respect to the child, shall	2394
notify the foster caregiver or relative of the date, time, and	2395
place of the hearing. At the hearing, the foster caregiver or	2396
relative mayshall have the right to present evidence.	2397

(B) If a public children services agency or private child	2398
placing agency has permanent custody of a child and a petition to	2399
adopt the child has been filed under Chapter 3107. of the Revised	2400
Code, the agency, prior to conducting a review under section	2401
2151.416 of the Revised Code, or a court, prior to conducting a	2402
hearing under division (E)(2) or (3) of section 2151.412 or	2403
section 2151.416 or 2151.417 of the Revised Code, shall notify the	2404
prospective adoptive parent of the date, time, and place of the	2405
review or hearing. At the review or hearing, the prospective	2406
adoptive parent mayshall have the right to present evidence.	2407

(C) The notice and the opportunity to present evidence do not	2408
make the foster caregiver, relative, or prospective adoptive	2409
parent a party in the action or proceeding pursuant to which the	2410
review or hearing is conducted.	2411

Sec. 2151.86.  (A)(1) The appointing or hiring officer of any	2412
entity that appoints or employs any person responsible for a	2413
child's care in out-of-home care shall request the superintendent	2414
of BCII to conduct a criminal records check with respect to any	2415
person who is under final consideration for appointment or	2416
employment as a person responsible for a child's care in	2417
out-of-home care, except that section 3319.39 of the Revised Code	2418
shall apply instead of this section if the out-of-home care entity	2419
is a public school, educational service center, or chartered	2420
nonpublic school.	2421

(2) TheAt the times specified in this division, the	2422
administrative director of an agency, or attorney, who arranges an	2423
adoption for a prospective adoptive parent shall request the	2424
superintendent of BCII to conduct a criminal records check with	2425
respect to that prospective adoptive parent and a criminal records	2426
check with respect to all persons eighteen years of age or older	2427
who reside with the prospective adoptive parent. The	2428
administrative director or attorney shall request a criminal	2429
records check pursuant to this division at the time of the initial	2430
home study, every four years after the initial home study at the	2431
time of an update, and at the time that an adoptive home study is	2432
completed as a new home study.	2433

(3) Before a recommending agency submits a recommendation to	2434
the department of job and family services on whether the	2435
department should issue a certificate to a foster home under	2436
section 5103.03 of the Revised Code, and every four years	2437
thereafter prior to a recertification under that section, the	2438
administrative director of the agency shall request that the	2439
superintendent of BCII conduct a criminal records check with	2440
respect to the prospective foster caregiver and a criminal records	2441
check with respect to all other persons eighteen years of age or	2442
older who reside with the foster caregiver.	2443

(B)(1) If a person subject to a criminal records check under	2444
division (A)(1) of this section does not present proof that the	2445
person has been a resident of this state for the five-year period	2446
immediately prior to the date upon which the criminal records	2447
check is requested or does not provide evidence that within that	2448
five-year period the superintendent of BCII has requested	2449
information about the person from the federal bureau of	2450
investigation in a criminal records check, the appointing or	2451
hiring officer, administrative director, or attorney shall request	2452
that the superintendent of BCII obtain information from the	2453
federal bureau of investigation as a part of the criminal records	2454
check, including fingerprint based checks of national crime	2455
information databases as described in 42 U.S.C. 671. If thea	2456
person subject to thea criminal records check under division	2457
(A)(1) of this section presents proof that the person has been a	2458
resident of this state for that five-year period, the appointing	2459
or hiring officer, director, or attorney may request that the	2460
superintendent of BCII include information from the federal bureau	2461
of investigation in the criminal records check, including	2462
fingerprint based checks of national crime information databases	2463
as described in 42 U.S.C. 671.	2464

When the administrative director of an agency, or attorney,	2465
who arranges an adoption for a prospective parent requests, at the	2466
time of the initial home study, a criminal records check for a	2467
person pursuant to division (A)(2) of this section, the	2468
administrative director or attorney shall request that the	2469
superintendent of BCII obtain information from the federal bureau	2470
of investigation as part of the criminal records check, including	2471
fingerprint based checks of national crime information databases	2472
as described in 42 U.S.C. 671, for the person subject to the	2473
criminal records check. In all other cases in which the	2474
administrative director of an agency, or attorney, who arranges an	2475
adoption for a prospective parent requests a criminal records	2476
check for a person pursuant to division (A)(2) of this section,	2477
the administrative director or attorney may request that the	2478
superintendent of BCII include information from the federal bureau	2479
of investigation in the criminal records check, including	2480
fingerprint based checks of national crime information databases	2481
as described in 42 U.S.C. 671.	2482

When the administrative director of a recommending agency	2483
requests, before submitting a recommendation to the department of	2484
job and family services on whether the department should issue a	2485
certificate to a foster home under section 5103.03 of the Revised	2486
Code, a criminal records check for a person pursuant to division	2487
(A)(3) of this section, the administrative director shall request	2488
that the superintendent of BCII obtain information from the	2489
federal bureau of investigation as part of a criminal records	2490
check, including fingerprint based checks of national crime	2491
information databases as described in 42 U.S.C. 671, for the	2492
person subject to the criminal records check. In all other cases	2493
in which the administrative director of a recommending agency	2494
requests a criminal records check for a person pursuant to	2495
division (A)(3) of this section, the administrative director may	2496
request that the superintendent of BCII include information from	2497
the federal bureau of investigation in the criminal records check,	2498
including fingerprint based checks of national crime information	2499
databases as described in 42 U.S.C. 671.	2500

(2) An appointing or hiring officer, administrative director,	2501
or attorney required by division (A) of this section to request a	2502
criminal records check shall provide to each person subject to a	2503
criminal records check a copy of the form prescribed pursuant to	2504
division (C)(1) of section 109.572 of the Revised Code and a	2505
standard impression sheet to obtain fingerprint impressions	2506
prescribed pursuant to division (C)(2) of section 109.572 of the	2507
Revised Code, obtain the completed form and impression sheet from	2508
the person, and forward the completed form and impression sheet to	2509
the superintendent of BCII at the time the criminal records check	2510
is requested.	2511

Any person subject to a criminal records check who receives	2512
pursuant to this division a copy of the form prescribed pursuant	2513
to division (C)(1) of section 109.572 of the Revised Code and a	2514
copy of an impression sheet prescribed pursuant to division (C)(2)	2515
of that section and who is requested to complete the form and	2516
provide a set of fingerprint impressions shall complete the form	2517
or provide all the information necessary to complete the form and	2518
shall provide the impression sheet with the impressions of the	2519
person's fingerprints. If a person subject to a criminal records	2520
check, upon request, fails to provide the information necessary to	2521
complete the form or fails to provide impressions of the person's	2522
fingerprints, the appointing or hiring officer shall not appoint	2523
or employ the person as a person responsible for a child's care in	2524
out-of-home care, a probate court may not issue a final decree of	2525
adoption or an interlocutory order of adoption making the person	2526
an adoptive parent, and the department of job and family services	2527
shall not issue a certificate authorizing the prospective foster	2528
caregiver to operate a foster home.	2529

(C)(1) No appointing or hiring officer shall appoint or	2530
employ a person as a person responsible for a child's care in	2531
out-of-home care, the department of job and family services shall	2532
not issue a certificate under section 5103.03 of the Revised Code	2533
authorizing a prospective foster caregiver to operate a foster	2534
home, and no probate court shall issue a final decree of adoption	2535
or an interlocutory order of adoption making a person an adoptive	2536
parent if the person or, in the case of a prospective foster	2537
caregiver or prospective adoptive parent, any person eighteen	2538
years of age or older who resides with the prospective foster	2539
caregiver or prospective adoptive parent previously has been	2540
convicted of or pleaded guilty to any of the followingviolations	2541
described in division (A)(8) of section 109.572 of the Revised	2542
Code, unless the person meets rehabilitation standards established	2543
in rules adopted under division (F) of this section:.	2544

(a) A violation of section 2903.01, 2903.02, 2903.03,	2545
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	2546
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	2547
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	2548
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	2549
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	2550
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	2551
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a	2552
violation of section 2905.04 of the Revised Code as it existed	2553
prior to July 1, 1996, a violation of section 2919.23 of the	2554
Revised Code that would have been a violation of section 2905.04	2555
of the Revised Code as it existed prior to July 1, 1996, had the	2556
violation been committed prior to that date, a violation of	2557
section 2925.11 of the Revised Code that is not a minor drug	2558
possession offense, or felonious sexual penetration in violation	2559
of former section 2907.12 of the Revised Code;	2560

(b) A violation of an existing or former law of this state,	2561
any other state, or the United States that is substantially	2562
equivalent to any of the offenses described in division (C)(1)(a)	2563
of this section.	2564

(2) The appointing or hiring officer may appoint or employ a	2565
person as a person responsible for a child's care in out-of-home	2566
care conditionally until the criminal records check required by	2567
this section is completed and the officer receives the results of	2568
the criminal records check. If the results of the criminal records	2569
check indicate that, pursuant to division (C)(1) of this section,	2570
the person subject to the criminal records check does not qualify	2571
for appointment or employment, the officer shall release the	2572
person from appointment or employment.	2573

(3) Prior to certification or recertification under section	2574
5103.03 of the Revised Code, the prospective foster caregiver	2575
subject to a criminal records check under division (A)(3) of this	2576
section shall notify the recommending agency of the revocation of	2577
any foster home license, certificate, or other similar	2578
authorization in another state occurring within the five years	2579
prior to the date of application to become a foster caregiver in	2580
this state. The failure of a prospective foster caregiver to	2581
notify the recommending agency of any revocation of that type in	2582
another state that occurred within that five-year period shall be	2583
grounds for denial of the person's foster home application or the	2584
revocation of the person's foster home certification, whichever is	2585
applicable. If a person has had a revocation in another state	2586
within the five years prior to the date of the application, the	2587
department of job and family services shall not issue a foster	2588
home certificate to the prospective foster caregiver.	2589

(D) The appointing or hiring officer, administrative	2590
director, or attorney shall pay to the bureau of criminal	2591
identification and investigation the fee prescribed pursuant to	2592
division (C)(3) of section 109.572 of the Revised Code for each	2593
criminal records check conducted in accordance with that section	2594
upon a request pursuant to division (A) of this section. The	2595
officer, director, or attorney may charge the person subject to	2596
the criminal records check a fee for the costs the officer,	2597
director, or attorney incurs in obtaining the criminal records	2598
check. A fee charged under this division shall not exceed the	2599
amount of fees the officer, director, or attorney pays for the	2600
criminal records check. If a fee is charged under this division,	2601
the officer, director, or attorney shall notify the person who is	2602
the applicant at the time of the person's initial application for	2603
appointment or employment, an adoption to be arranged, or a	2604
certificate to operate a foster home of the amount of the fee and	2605
that, unless the fee is paid, the person who is the applicant will	2606
not be considered for appointment or employment or as an adoptive	2607
parent or foster caregiver.	2608

(E) The report of any criminal records check conducted by the	2609
bureau of criminal identification and investigation in accordance	2610
with section 109.572 of the Revised Code and pursuant to a request	2611
made under division (A) of this section is not a public record for	2612
the purposes of section 149.43 of the Revised Code and shall not	2613
be made available to any person other than the following:	2614

(1) The person who is the subject of the criminal records	2615
check or the person's representative; the	2616

(2) The appointing or hiring officer, administrative	2617
director, or attorney requesting the criminal records check or the	2618
officer's, director's, or attorney's representative; the	2619

(3) The department of job and family services or, a county	2620
department of job and family services, or a public children	2621
services agency; and any	2622

(4) Any court, hearing officer, or other necessary individual	2623
involved in a case dealing with the denial of employment, a final	2624
decree of adoption or interlocutory order of adoption, or a foster	2625
home certificate.	2626

(F) The director of job and family services shall adopt rules	2627
in accordance with Chapter 119. of the Revised Code to implement	2628
this section. The rules shall include rehabilitation standards a	2629
person who has been convicted of or pleaded guilty to an offense	2630
listed in division (C)(1) of this section(A)(8) of section	2631
109.572 of the Revised Code must meet for an appointing or hiring	2632
officer to appoint or employ the person as a person responsible	2633
for a child's care in out-of-home care, a probate court to issue a	2634
final decree of adoption or interlocutory order of adoption making	2635
the person an adoptive parent, or the department to issue a	2636
certificate authorizing the prospective foster caregiver to	2637
operate a foster home or not revoke a foster home certificate for	2638
a violation specified in section 5103.0328 of the Revised Code.	2639

(G) An appointing or hiring officer, administrative director,	2640
or attorney required by division (A) of this section to request a	2641
criminal records check shall inform each person who is the	2642
applicant, at the time of the person's initial application for	2643
appointment or employment, an adoption to be arranged, or a foster	2644
home certificate, that the person subject to the criminal records	2645
check is required to provide a set of impressions of the person's	2646
fingerprints and that a criminal records check is required to be	2647
conducted and satisfactorily completed in accordance with section	2648
109.572 of the Revised Code.	2649

(H) The department of job and family services may waive the	2650
requirement that a criminal records check based on fingerprints be	2651
conducted for an adult resident of a prospective adoptive or	2652
foster home or the home of a foster caregiver if the recommending	2653
agency documents to the department's satisfaction that the adult	2654
resident is physically unable to comply with the fingerprinting	2655
requirement and poses no danger to foster children or adoptive	2656
children who may be placed in the home. In such cases, the	2657
recommending or approving agency shall request that the bureau of	2658
criminal identification and investigation conduct a criminal	2659
records check using the person's name and social security number.	2660

(I) As used in this section:

2661

(1) "Children's hospital" means any of the following:

2662

(a) A hospital registered under section 3701.07 of the	2663
Revised Code that provides general pediatric medical and surgical	2664
care, and in which at least seventy-five per cent of annual	2665
inpatient discharges for the preceding two calendar years were	2666
individuals less than eighteen years of age;	2667

(b) A distinct portion of a hospital registered under section	2668
3701.07 of the Revised Code that provides general pediatric	2669
medical and surgical care, has a total of at least one hundred	2670
fifty registered pediatric special care and pediatric acute care	2671
beds, and in which at least seventy-five per cent of annual	2672
inpatient discharges for the preceding two calendar years were	2673
individuals less than eighteen years of age;	2674

(c) A distinct portion of a hospital, if the hospital is	2675
registered under section 3701.07 of the Revised Code as a	2676
children's hospital and the children's hospital meets all the	2677
requirements of division (I)(3)(1)(a) of this section.	2678

(2) "Criminal records check" has the same meaning as in	2679
section 109.572 of the Revised Code.	2680

(3) "Minor drug possession offense" has the same meaning as	2681
in section 2925.01 of the Revised Code.	2682

(4) "Person responsible for a child's care in out-of-home	2683
care" has the same meaning as in section 2151.011 of the Revised	2684
Code, except that it does not include a prospective employee of	2685
the department of youth services or a person responsible for a	2686
child's care in a hospital or medical clinic other than a	2687
children's hospital.	2688

(5)(4) "Person subject to a criminal records check" means the	2689
following:	2690

(a) A person who is under final consideration for appointment	2691
or employment as a person responsible for a child's care in	2692
out-of-home care;	2693

(b) A prospective adoptive parent;

2694

(c) A prospective foster caregiver;

2695

(d) A person eighteen years old or older who resides with a	2696
prospective foster caregiver or a prospective adoptive parent.	2697

(6)(5) "Recommending agency" means a public children services	2698
agency, private child placing agency, or private noncustodial	2699
agency to which the department of job and family services has	2700
delegated a duty to inspect and approve foster homes.	2701

(7)(6) "Superintendent of BCII" means the superintendent of	2702
the bureau of criminal identification and investigation.	2703

Sec. 2301.10.  (A) If a sheriff or chief of police has not	2704
taken, or caused to be taken, a person's or child's fingerprints	2705
in accordance with division (A)(1) of section 109.60 of the	2706
Revised Code with respect to a crime or act set forth in that	2707
division by the time of the arraignment or first appearance of the	2708
person or child with respect to that crime or act, the court of	2709
common pleas shall order the person or child to appear before the	2710
sheriff or chief of police within twenty-four hours of the	2711
arraignment or first appearance to have the person's or child's	2712
fingerprints taken as provided in division (A)(2) of section	2713
109.60 of the Revised Code.	2714

(B) If the court of common pleas has jurisdiction over a case	2715
involving a person or child with respect to whom division (A)(1)	2716
or (2) of section 109.60 of the Revised Code requires a sheriff or	2717
chief of police to take the person's or child's fingerprints, the	2718
court of common pleas shall inquire at the time of the person's or	2719
child's sentencing or adjudication for the crime or act for which	2720
the fingerprints were required to be taken whether or not the	2721
person or child has been fingerprinted pursuant to division (A)(1)	2722
or (2) of section 109.60 of the Revised Code for the original	2723
arrest or court appearance upon which the sentence or adjudication	2724
is based. If a person or child was not fingerprinted for the	2725
original arrest or court appearance, the court of common pleas	2726
shall order the person or child to appear before the sheriff or	2727
chief of police within twenty-four hours to have the person's or	2728
child's fingerprints taken as provided in division (A)(3) of	2729
section 109.60 of the Revised Code.	2730

Sec. 3107.033.  Not later than January 1, 2008, the director	2731
of job and family services shall adopt rules in accordance with	2732
Chapter 119. of the Revised Code specifying both of the	2733
following:	2734

(A) The manner in which a home study is to be conducted and	2735
the information and documents to be included in a home study	2736
report, which shall include, pursuant to section 3107.034 of the	2737
Revised Code, a summary report of a search of the uniform	2738
statewide automated child welfare information system established	2739
in section 5101.13 of the Revised Code and a report of a check of	2740
a central registry of another state if a request for a check of a	2741
central registry of another state is required under division (A)	2742
of section 3107.034 of the Revised Code;	2743

(B) A procedure under which a person whose application for	2744
adoption has been denied as a result of a search of the uniform	2745
statewide automated child welfare information system established	2746
in section 5101.13 of the Revised Code as part of the home study	2747
may appeal the denial to the agency that employed the assessor who	2748
filed the report.	2749

Sec. 3107.034. (A) Whenever a prospective adoptive parent or	2750
a person eighteen years of age or older who resides with a	2751
prospective adoptive parent has resided in another state within	2752
the five-year period immediately prior to the date on which a	2753
criminal records check is requested for the person under division	2754
(A) of section 2151.86 of the Revised Code, the administrative	2755
director of an agency, or attorney, who arranges the adoption for	2756
the prospective adoptive parent shall request a check of the	2757
central registry of abuse and neglect of this state from the	2758
department of job and family services regarding the prospective	2759
adoptive parent or the person eighteen years of age or older who	2760
resides with the prospective adoptive parent to enable the agency	2761
or attorney to check any child abuse and neglect registry	2762
maintained by that other state. The administrative director or	2763
attorney shall make the request and shall review the results of	2764
the check before a final decree of adoption or an interlocutory	2765
order of adoption making the person an adoptive parent may be	2766
made. Information received pursuant to the request shall be	2767
considered for purposes of this chapter as if it were a summary	2768
report required under section 3107.033 of the Revised Code. The	2769
department of job and family services shall comply with any	2770
request to check the central registry that is similar to the	2771
request described in this division and that is received from any	2772
other state.	2773

(B) The summary report of a search of the uniform statewide	2774
automated child welfare information system established in section	2775
5101.13 of the Revised Code that is required under section	2776
3107.033 of the Revised Code shall contain, if applicable, a	2777
chronological list of abuse and neglect determinations or	2778
allegations of which the person seeking to adopt is subject and in	2779
regards to which a public children services agency has done one of	2780
the following:	2781

(1) Determined that abuse or neglect occurred;

2782

(2) Initiated an investigation, and the investigation is	2783
ongoing;	2784

(3) Initiated an investigation and the agency was unable to	2785
determine whether abuse or neglect occurred.	2786

(B)(C) The summary report required under section 3107.033 of	2787
the Revised Code shall not contain any of the following:	2788

(1) An abuse and neglect determination of which the person	2789
seeking to adopt is subject and in regards to which a public	2790
children services agency determined that abuse or neglect did not	2791
occur;	2792

(2) Information or reports the dissemination of which is	2793
prohibited by, or interferes with eligibility under, the "Child	2794
Abuse Prevention and Treatment Act," 88 Stat. 4 (1974), 42 U.S.C.	2795
5101 et seq., as amended;	2796

(3) The name of the person who or entity that made, or	2797
participated in the making of, the report of abuse or neglect.	2798

(C)(D)(1) An application for adoption may be denied based on	2799
a summary report containing the information described under	2800
division (A)(B)(1) of this section, when considered within the	2801
totality of the circumstances. An application that is denied may	2802
be appealed using the procedure adopted pursuant to division (B)	2803
of section 3107.033 of the Revised Code.	2804

(2) An application for adoption shall not be denied solely	2805
based on a summary report containing the information described	2806
under division (A)(B)(2) or (3) of this section.	2807

Sec. 3107.062.  (A) Notwithstanding the provisions of the	2808
versions of former sections 3107.06 and 3107.07 of the Revised	2809
Code that, pursuant to Section 5 of Am. Sub. H.B. 419 of the 121st	2810
general assembly, apply regarding a putative father's consent to	2811
the adoption of any child born prior to January 1, 1997, on and	2812
after the effective date of this section, both of the following	2813
apply:	2814

(1) The references in division (F)(4) of former section	2815
3107.06 of the Revised Code to the department of human services	2816
are repealed, and division (F)(4) of that former section shall be	2817
considered as reading, and shall be applicable, as follows: "Has	2818
filed an objection to the adoption with the agency having custody	2819
of the minor at any time before the placement of the minor in the	2820
home of the petitioner, or with the probate court within thirty	2821
days of the filing of a petition to adopt the minor or its	2822
placement in the home of the petitioner, whichever occurs first."	2823

(2) The references in division (B) of former section 3107.07	2824
of the Revised Code to the department of human services are	2825
repealed, and division (B) of that former section shall be	2826
considered as reading, and shall be applicable, as follows: "The	2827
putative father of a minor if the putative father fails to file an	2828
objection with the court or the agency having custody of the minor	2829
as provided in division (F)(4) of section 3107.06 of the Revised	2830
Code, or files an objection with the court or agency and the court	2831
finds, after proper service of notice and hearing, that he is not	2832
the father of the minor, or that he has willfully abandoned or	2833
failed to care for and support the minor, or abandoned the mother	2834
of the minor during her pregnancy and up to the time of her	2835
surrender of the minor, or its placement in the home of the	2836
petitioner, whichever occurs first."	2837

(B) As used in this section:

2838

(1) "Former section 3107.06 of the Revised Code" means the	2839
version of that section that was in effect immediately prior to	2840
September 18, 1996, and that was amended by Am. Sub. H.B. 419 of	2841
the 121st general assembly.	2842

(2) "Former section 3107.07 of the Revised Code" means the	2843
version of that section that was in effect immediately prior to	2844
September 18, 1996, and that was amended by Am. Sub. H.B. 419 of	2845
the 121st general assembly.	2846

Sec. 3107.14.  (A) The petitioner and the person sought to be	2847
adopted shall appear at the hearing on the petition, unless the	2848
presence of either is excused by the court for good cause shown.	2849

(B) The court may continue the hearing from time to time to	2850
permit further observation, investigation, or consideration of any	2851
facts or circumstances affecting the granting of the petition, and	2852
may examine the petitioners separate and apart from each other.	2853

(C) If, at the conclusion of the hearing, the court finds	2854
that the required consents have been obtained or excused and that	2855
the adoption is in the best interest of the person sought to be	2856
adopted as supported by the evidence, it may issue, subject to	2857
division (C)(1)(a) of section 2151.86, section 3107.064, and	2858
division (E) of section 3107.09 of the Revised Code, and any other	2859
limitations specified in this chapter, a final decree of adoption	2860
or an interlocutory order of adoption, which by its own terms	2861
automatically becomes a final decree of adoption on a date	2862
specified in the order, which, except as provided in division (B)	2863
of section 3107.13 of the Revised Code, shall not be less than six	2864
months or more than one year from the date of issuance of the	2865
order, unless sooner vacated by the court for good cause shown. In	2866
determining whether the adoption is in the best interest of the	2867
person sought to be adopted, the court shall not consider the age	2868
of the petitioner if the petitioner is old enough to adopt as	2869
provided by section 3107.03 of the Revised Code.	2870

In an interlocutory order of adoption, the court shall	2871
provide for observation, investigation, and a further report on	2872
the adoptive home during the interlocutory period.	2873

(D) If the requirements for a decree under division (C) of	2874
this section have not been satisfied or the court vacates an	2875
interlocutory order of adoption, or if the court finds that a	2876
person sought to be adopted was placed in the home of the	2877
petitioner in violation of law, the court shall dismiss the	2878
petition and may determine the agency or person to have temporary	2879
or permanent custody of the person, which may include the agency	2880
or person that had custody prior to the filing of the petition or	2881
the petitioner, if the court finds it is in the best interest of	2882
the person as supported by the evidence, or if the person is a	2883
minor, the court may certify the case to the juvenile court of the	2884
county where the minor is then residing for appropriate action and	2885
disposition.	2886

(E) The issuance of a final decree or interlocutory order of	2887
adoption for an adult adoption under division (A)(4) of section	2888
3107.02 of the Revised Code shall not disqualify that adult for	2889
services under section 2151.82 or 2151.83 of the Revised Code.	2890

Sec. 5101.13. (A) The department of job and family services	2891
shall establish and maintain a uniform statewide automated child	2892
welfare information system in accordance with the requirements of	2893
42 U.S.C.A. 674(a)(3)(C) and related federal regulations and	2894
guidelines. The information system shall contain records regarding	2895
any of the following:	2896

(1) Investigations of children and families, and children's	2897
care in out-of-home care, in accordance with sections 2151.421 and	2898
5153.16 of the Revised Code;	2899

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

2900

(3) Any other information related to children and families	2901
that state or federal law, regulation, or rule requires the	2902
department or a public children services agency to maintain.	2903

(B) The department shall plan implementation of the	2904
information system on a county-by-county basis and shall finalize	2905
statewide implementation by all public children services agencies	2906
as described in section 5153.02 of the Revised Code not later than	2907
January 1, 2008.	2908

(C) The department shall promptly notify all public children	2909
services agencies of the initiation and completion of statewide	2910
implementation of the statewide information system established	2911
under division (A) of this section.	2912

(D) "Out-of-home care" has the same meaning as in section	2913
2151.011 of the Revised Code.	2914

Sec. 5101.132. (A) Information contained in the information	2915
system established and maintained under section 5101.13 of the	2916
Revised Code may be accessed only as follows:	2917

(A)(1) The department of job and family services and, a	2918
public children services agency, a title IV-E agency, a	2919
prosecuting attorney, a private child placing agency, and a	2920
private noncustodial agency may access the information when either	2921
of the following is the case:	2922

(1)(a) The access is directly connected with assessment,	2923
investigation, or services regarding a child or family;	2924

(2)(b) The access is permitted by state or federal law, rule,	2925
or regulation.	2926

(B)(2) A person may access the information in a manner, to	2927
the extent, and for the purposes authorized by rules adopted by	2928
the department.	2929

(B) As used in this section, "title IV-E agency" means a	2930
public children services agency or a public entity with which the	2931
department of job and family services has a title IV-E subgrant	2932
agreement in effect.	2933

Sec. 5101.134. (A) Notwithstanding any provision of the	2934
Revised Code that requires confidentiality of information that is	2935
contained in the uniform statewide automated child welfare	2936
information system established in section 5101.13 of the Revised	2937
Code, the department of job and family services shall adopt rules	2938
in accordance with Chapter 119. of the Revised Code regarding a	2939
private child placing agency's or private noncustodial agency's	2940
access, data entry, and use of information in the uniform	2941
statewide automated child welfare information system.	2942

(B)(1) The department of job and family services may adopt	2943
rules in accordance with section 111.15 of the Revised Code, as if	2944
they were internal management rules, as necessary to carry out the	2945
purposes of sections 5101.13 to 5101.133 of the Revised Code.	2946

(2) The department may adopt rules in accordance with Chapter	2947
119. of the Revised Code as necessary to carry out the purposes of	2948
division (B)(A)(2) of section 5101.132 of the Revised Code.	2949

(C) Public children services agencies shall implement and use	2950
the information system established pursuant to section 5101.13 of	2951
the Revised Code in accordance with rules adopted by the	2952
department.	2953

Sec. 5101.32.  (A) The department of job and family services	2954
shall work with the superintendent of the bureau of criminal	2955
identification and investigation to develop procedures and formats	2956
necessary to produce the notices described in division (D) of	2957
section 109.581 of the Revised Code in a format that is acceptable	2958
for use by the department. The department may adopt rules in	2959
accordance with section 111.15 of the Revised Code, as if they	2960
were internal management rules, necessary for such collaboration.	2961

(B) In addition to the rules required by division (G) of	2962
section 109.581 of the Revised Code, the department of job and	2963
family services may adopt rules in accordance with Chapter 119. of	2964
the Revised Code necessary for utilizing the information received	2965
pursuant to section 109.581 of the Revised Code.	2966

Sec. 5103.03.  (A) The director of job and family services	2967
shall adopt rules as necessary for the adequate and competent	2968
management of institutions or associations.	2969

(B)(1) Except for facilities under the control of the	2970
department of youth services, places of detention for children	2971
established and maintained pursuant to sections 2152.41 to 2152.44	2972
of the Revised Code, and child day-care centers subject to Chapter	2973
5104. of the Revised Code, the department of job and family	2974
services every two years shall pass upon the fitness of every	2975
institution and association that receives, or desires to receive	2976
and care for children, or places children in private homes.	2977

(2) When the department of job and family services is	2978
satisfied as to the care given such children, and that the	2979
requirements of the statutes and rules covering the management of	2980
such institutions and associations are being complied with, it	2981
shall issue to the institution or association a certificate to	2982
that effect. A certificate is valid for two years, unless sooner	2983
revoked by the department. When determining whether an institution	2984
or association meets a particular requirement for certification,	2985
the department may consider the institution or association to have	2986
met the requirement if the institution or association shows to the	2987
department's satisfaction that it has met a comparable requirement	2988
to be accredited by a nationally recognized accreditation	2989
organization.	2990

(3) The department may issue a temporary certificate valid	2991
for less than one year authorizing an institution or association	2992
to operate until minimum requirements have been met.	2993

(4) An institution or association that knowingly makes a	2994
false statement that is included as a part of certification under	2995
this section is guilty of the offense of falsification under	2996
section 2921.13 of the Revised Code and the department shall not	2997
certify that institution or association.	2998

(5) The department shall not issue a certificate to a	2999
prospective foster home or prospective specialized foster home	3000
pursuant to this section if the prospective foster home or	3001
prospective specialized foster home operates as a type A family	3002
day-care home pursuant to Chapter 5104. of the Revised Code. The	3003
department shall not issue a certificate to a prospective	3004
specialized foster home if the prospective specialized foster home	3005
operates a type B family day-care home pursuant to Chapter 5104.	3006
of the Revised Code.	3007

(C) The department may revoke a certificate if it finds that	3008
the institution or association is in violation of law or rule. No	3009
juvenile court shall commit a child to an association or	3010
institution that is required to be certified under this section if	3011
its certificate has been revoked or, if after revocation, the date	3012
of reissue is less than fifteen months prior to the proposed	3013
commitment.	3014

(D) Every two years, on a date specified by the department,	3015
each institution or association desiring certification or	3016
recertification shall submit to the department a report showing	3017
its condition, management, competency to care adequately for the	3018
children who have been or may be committed to it or to whom it	3019
provides care or services, the system of visitation it employs for	3020
children placed in private homes, and other information the	3021
department requires.	3022

(E) The department shall, not less than once each year, send	3023
a list of certified institutions and associations to each juvenile	3024
court and certified association or institution.	3025

(F) No person shall receive children or receive or solicit	3026
money on behalf of such an institution or association not so	3027
certified or whose certificate has been revoked.	3028

(G)(1) The director may delegate by rule any duties imposed	3029
on it by this section to inspect and approve family foster homes	3030
and specialized foster homes to public children services agencies,	3031
private child placing agencies, or private noncustodial agencies.	3032

(2) The director shall adopt rules that require a foster	3033
caregiver or other individual certified to operate a foster home	3034
under this section to notify the recommending agency that the	3035
foster caregiver or other individual is certified to operate a	3036
type B family day-care home under Chapter 5104. of the Revised	3037
Code.	3038

(H) If the director of job and family services determines	3039
that an institution or association that cares for children is	3040
operating without a certificate, the director may petition the	3041
court of common pleas in the county in which the institution or	3042
association is located for an order enjoining its operation. The	3043
court shall grant injunctive relief upon a showing that the	3044
institution or association is operating without a certificate.	3045

(I) If both of the following are the case, the director of	3046
job and family services may petition the court of common pleas of	3047
any county in which an institution or association that holds a	3048
certificate under this section operates for an order, and the	3049
court may issue an order, preventing the institution or	3050
association from receiving additional children into its care or an	3051
order removing children from its care:	3052

(1) The department has evidence that the life, health, or	3053
safety of one or more children in the care of the institution or	3054
association is at imminent risk.	3055

(2) The department has issued a proposed adjudication order	3056
pursuant to Chapter 119. of the Revised Code to deny renewal of or	3057
revoke the certificate of the institution or association.	3058

Sec. 5103.0319.  (A) No foster caregiver or prospective	3059
foster caregiver shall fail to notify the recommending agency that	3060
recommended or is recommending the foster caregiver or prospective	3061
foster caregiver for certification in writing if a person at least	3062
twelve years of age but less than eighteen years of age residing	3063
with the foster caregiver or prospective foster caregiver has been	3064
convicted of or pleaded guilty to any of the following or has been	3065
adjudicated to be a delinquent child for committing an act that if	3066
committed by an adult would have constituted such a violation:	3067

(1) A violation of section 2903.01, 2903.02, 2903.03,	3068
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	3069
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	3070
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	3071
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	3072
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	3073
2919.24, 2919.25, 2923.12, 2923,13, 2923.161, 2925.02, 2925.03,	3074
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a	3075
violation of section 2905.04 of the Revised Code as it existed	3076
prior to July 1, 1996, a violation of section 2919.23 of the	3077
Revised Code that would have been a violation of section 2905.04	3078
of the Revised Code as it existed prior to July 1, 1996, had the	3079
violation been committed prior to that date, a violation of	3080
section 2925.11 of the Revised Code that is not a minor drug	3081
possession offense, a violation of section 2923.01 of the Revised	3082
Code that involved an attempt to commit aggravated murder or	3083
murder, an OVI or OVUAC violation if the person previously was	3084
convicted of or pleaded guilty to one or more OVI or OVUAC	3085
violations within the three years immediately preceding the	3086
current violation, or felonious sexual penetration in violation of	3087
former section 2907.12 of the Revised Code;	3088

(2) An offense that would be a felony if committed by an	3089
adult and the court determined that the child, if an adult, would	3090
be guilty of a specification found in section 2941.141, 2941.144,	3091
or 2941.145 of the Revised Code or in another section of the	3092
Revised Code that relates to the possession or use of a firearm,	3093
as defined in section 2923.11 of the Revised Code, during the	3094
commission of the act for which the child was adjudicated a	3095
delinquent child;	3096

(3) A violation of an existing or former law of this state,	3097
any other state, or the United States that is substantially	3098
equivalent to any of the offenses described in division (A)(1) or	3099
(2) of this section.	3100

(B) If a recommending agency learns that a foster caregiver	3101
has failed to comply with division (A) of this section, it shall	3102
notify the department of job and family services and the	3103
department shall revoke the foster caregiver's foster home	3104
certificate.	3105

(C) As used in this section, "OVI or OVUAC violation" means a	3106
violation of section 4511.19 of the Revised Code or a violation of	3107
an existing or former law of this state, any other state, or the	3108
United States that is substantially equivalent to section 4511.19	3109
of the Revised Code.	3110

Sec. 5103.0326. (A) A recommending agency may recommend that	3111
the department of job and family services not renew a foster home	3112
certificate under section 5103.03 of the Revised Code if the	3113
foster caregiver refused to accept the placement of any children	3114
into the foster home during the current certification period.	3115
Based on the agency's recommendation, the department may refuse to	3116
renew a foster home certificate.	3117

(B) The department of job and family services may revoke the	3118
certification of any foster caregiver who has not cared for one or	3119
more foster children in the foster caregiver's home within the	3120
preceding twelve months. Prior to the revocation of any	3121
certification pursuant to this division, the recommending agency	3122
shall have the opportunity to provide good cause for the	3123
department to continue the certification and not revoke the	3124
certification. If the department decides to revoke the	3125
certification, the department shall notify the recommending agency	3126
that the certification will be revoked.	3127

Sec. 5103.0328. (A) Not later than ninety-six hours after	3128
receiving notice from the superintendent of the bureau of criminal	3129
identification and investigation pursuant to section 109.581 of	3130
the Revised Code that a foster caregiver has been convicted of or	3131
pleaded guilty to any foster caregiver-disqualifying offense, and	3132
not later than ninety-six hours after learning in any other manner	3133
that a foster caregiver has been convicted of or pleaded guilty to	3134
any foster caregiver-disqualifying offense, the department of job	3135
and family services shall provide notice of that conviction or	3136
guilty plea to the recommending agency relative to the foster	3137
caregiver.	3138

(B) If a recommending agency receives notice from the	3139
department of job and family services pursuant to division (A) of	3140
this section that a foster caregiver has been convicted of or	3141
pleaded guilty to any foster caregiver-disqualifying offense, or	3142
if a recommending agency learns in any other manner that a foster	3143
caregiver has been convicted of or pleaded guilty to any foster	3144
caregiver-disqualifying offense, the recommending agency shall	3145
assess the foster caregiver's overall situation for safety	3146
concerns and forward any recommendations, if applicable, for	3147
revoking the foster caregiver's certificate to the department for	3148
the department's review for possible revocation.	3149

(C) As used in this section, "foster caregiver-disqualifying	3150
offense" means any offense or violation listed or described in	3151
division (C)(1)(a) or (b) of section 2151.86 of the Revised Code.	3152

Sec. 5103.16.  (A) Pursuant to section 5103.18 of the Revised	3153
Code and exceptExcept as otherwise provided in this section, no	3154
child shall be placed or accepted for placement under any written	3155
or oral agreement or understanding that transfers or surrenders	3156
the legal rights, powers, or duties of the legal parent, parents,	3157
or guardian of the child into the temporary or permanent custody	3158
of any association or institution that is not certified by the	3159
department of job and family services under section 5103.03 of the	3160
Revised Code, without the written consent of the office in the	3161
department that oversees the interstate compact on placement of	3162
children established under section 5103.20 of the Revised Code, or	3163
by a commitment of a juvenile court, or by a commitment of a	3164
probate court as provided in this section. A child may be placed	3165
temporarily without written consent or court commitment with	3166
persons related by blood or marriage or in a legally licensed	3167
boarding home.	3168

(B)(1) Associations and institutions certified under section	3169
5103.03 of the Revised Code for the purpose of placing children in	3170
free foster homes or for legal adoption shall keep a record of the	3171
temporary and permanent surrenders of children. This record shall	3172
be available for separate statistics, which shall include a copy	3173
of an official birth record and all information concerning the	3174
social, mental, and medical history of the children that will aid	3175
in an intelligent disposition of the children in case that becomes	3176
necessary because the parents or guardians fail or are unable to	3177
reassume custody.	3178

(2) No child placed on a temporary surrender with an	3179
association or institution shall be placed permanently in a foster	3180
home or for legal adoption. All surrendered children who are	3181
placed permanently in foster homes or for adoption shall have been	3182
permanently surrendered, and a copy of the permanent surrender	3183
shall be a part of the separate record kept by the association or	3184
institution.	3185

(C) Any agreement or understanding to transfer or surrender	3186
the legal rights, powers, or duties of the legal parent or parents	3187
and place a child with a person seeking to adopt the child under	3188
this section shall be construed to contain a promise by the person	3189
seeking to adopt the child to pay the expenses listed in divisions	3190
(C)(1), (2), and (4) of section 3107.055 of the Revised Code and,	3191
if the person seeking to adopt the child refuses to accept	3192
placement of the child, to pay the temporary costs of routine	3193
maintenance and medical care for the child in a hospital, foster	3194
home, or other appropriate place for up to thirty days or until	3195
other custody is established for the child, as provided by law,	3196
whichever is less.	3197

(D) No child shall be placed or received for adoption or with	3198
intent to adopt unless placement is made by a public children	3199
services agency, an institution or association that is certified	3200
by the department of job and family services under section 5103.03	3201
of the Revised Code to place children for adoption, or custodians	3202
in another state or foreign country, or unless all of the	3203
following criteria are met:	3204

(1) Prior to the placement and receiving of the child, the	3205
parent or parents of the child personally have applied to, and	3206
appeared before, the probate court of the county in which the	3207
parent or parents reside, or in which the person seeking to adopt	3208
the child resides, for approval of the proposed placement	3209
specified in the application and have signed and filed with the	3210
court a written statement showing that the parent or parents are	3211
aware of their right to contest the decree of adoption subject to	3212
the limitations of section 3107.16 of the Revised Code;	3213

(2) The court ordered an independent home study of the	3214
proposed placement to be conducted as provided in section 3107.031	3215
of the Revised Code, and after completion of the home study, the	3216
court determined that the proposed placement is in the best	3217
interest of the child;	3218

(3) The court has approved of record the proposed placement.

3219

In determining whether a custodian has authority to place	3220
children for adoption under the laws of a foreign country, the	3221
probate court shall determine whether the child has been released	3222
for adoption pursuant to the laws of the country in which the	3223
child resides, and if the release is in a form that satisfies the	3224
requirements of the immigration and naturalization service of the	3225
United States department of justice for purposes of immigration to	3226
this country pursuant to section 101(b)(1)(F) of the "Immigration	3227
and Nationality Act," 75 Stat. 650 (1961), 8 U.S.C. 1101	3228
(b)(1)(F), as amended or reenacted.	3229

If the parent or parents of the child are deceased or have	3230
abandoned the child, as determined under division (A) of section	3231
3107.07 of the Revised Code, the application for approval of the	3232
proposed adoptive placement may be brought by the relative seeking	3233
to adopt the child, or by the department, board, or organization	3234
not otherwise having legal authority to place the orphaned or	3235
abandoned child for adoption, but having legal custody of the	3236
orphaned or abandoned child, in the probate court of the county in	3237
which the child is a resident, or in which the department, board,	3238
or organization is located, or where the person or persons with	3239
whom the child is to be placed reside. Unless the parent, parents,	3240
or guardian of the person of the child personally have appeared	3241
before the court and applied for approval of the placement, notice	3242
of the hearing on the application shall be served on the parent,	3243
parents, or guardian.	3244

The consent to placement, surrender, or adoption executed by	3245
a minor parent before a judge of the probate court or an	3246
authorized deputy or referee of the court, whether executed within	3247
or outside the confines of the court, is as valid as though	3248
executed by an adult. A consent given as above before an employee	3249
of a children services agency that is licensed as provided by law,	3250
is equally effective, if the consent also is accompanied by an	3251
affidavit executed by the witnessing employee or employees to the	3252
effect that the legal rights of the parents have been fully	3253
explained to the parents, prior to the execution of any consent,	3254
and that the action was done after the birth of the child.	3255

If the court approves a placement, the prospective adoptive	3256
parent with whom the child is placed has care, custody, and	3257
control of the child pending further order of the court.	3258

(E) This section does not apply to an adoption by a	3259
stepparent, a grandparent, or a guardian.	3260

Sec. 5103.18.  (A)(1) Prior to placementcertification or	3261
recertification as a foster home under section 5103.165103.03 of	3262
the Revised Code, an association or institution certified to place	3263
a child into a foster homea recommending agency shall include	3264
obtain a summary report of a search of the uniform statewide	3265
automated child welfare information system, established inunder	3266
section 5101.13 of the Revised Code with records required under	3267
division (B)(1) of section 5103.16 of the Revised Code, from an	3268
entity listed in section 5101.132 of the Revised Code.	3269

(2) Whenever a prospective foster parent or any other person	3270
eighteen years of age or older who resides with a prospective	3271
foster parent has resided in another state within the five-year	3272
period immediately prior to the date on which a criminal records	3273
check is requested for the person under division (A) of section	3274
2151.86 of the Revised Code, the recommending agency shall request	3275
a check of the central registry of abuse and neglect of this state	3276
from the department of job and family services regarding the	3277
prospective foster parent or the person eighteen years of age or	3278
older who resides with the prospective foster parent to enable the	3279
agency to check any child abuse and neglect registry maintained by	3280
that other state. The recommending agency shall make the request	3281
and shall review the results of the check before the prospective	3282
foster parent may be finally approved for placement of a child.	3283
Information received pursuant to such a request shall be	3284
considered for purposes of this chapter as if it were a summary	3285
report required under division (A) of this section. The department	3286
of job and family services shall comply with any request to check	3287
the central registry that is similar to the request described in	3288
this division and that is received from any other state.	3289

(B)(1) The summary report required under division (A) of this	3290
section shall contain, if applicable, a chronological list of	3291
abuse and neglect determinations or allegations of which a person	3292
seeking to become a foster caregiver of a child is subject and in	3293
regards to which a public children services agency has done one of	3294
the following:	3295

(a) Determined that abuse or neglect occurred;

3296

(b) Initiated an investigation, and the investigation is	3297
ongoing;	3298

(c) Initiated an investigation, and the agency was unable to	3299
determine whether abuse or neglect occurred.	3300

(2) The summary report required under division (A) of this	3301
section shall not contain any of the following:	3302

(a) An abuse and neglect determination of which a person	3303
seeking to become a foster caregiver of a child is subject and in	3304
regards to which a public children services agency determined that	3305
abuse or neglect did not occur;	3306

(b) Information or reports the dissemination of which is	3307
prohibited by, or interferes with eligibility under, the "Child	3308
Abuse Prevention and Treatment Act," 88 Stat. 4 (1974), 42 U.S.C.	3309
5101 et seq., as amended;	3310

(c) The name of the person who or entity that made, or	3311
participated in the making of, the report of abuse or neglect.	3312

(C)(1) A foster placementhome certification or	3313
recertification may be denied based on a summary report containing	3314
the information described under division (B)(1)(a) of this	3315
section, when considered within the totality of the circumstances.	3316

(2) A foster placementhome certification or recertification	3317
shall not be denied solely based on a summary report containing	3318
the information described under division (B)(1)(b) or (c) of this	3319
section.	3320

(D) Not later than January 1, 2008, the director of job and	3321
family services shall adopt rules in accordance with Chapter 119.	3322
of the Revised Code necessary for the implementation and execution	3323
of this section.	3324

Sec. 5104.011.  (A) The director of job and family services	3325
shall adopt rules pursuant to Chapter 119. of the Revised Code	3326
governing the operation of child day-care centers, including, but	3327
not limited to, parent cooperative centers, part-time centers,	3328
drop-in centers, and school child centers, which rules shall	3329
reflect the various forms of child care and the needs of children	3330
receiving child care or publicly funded child care and shall	3331
include specific rules for school child care centers that are	3332
developed in consultation with the department of education. The	3333
rules shall not require an existing school facility that is in	3334
compliance with applicable building codes to undergo an additional	3335
building code inspection or to have structural modifications. The	3336
rules shall include the following:	3337

(1) Submission of a site plan and descriptive plan of	3338
operation to demonstrate how the center proposes to meet the	3339
requirements of this chapter and rules adopted pursuant to this	3340
chapter for the initial license application;	3341

(2) Standards for ensuring that the physical surroundings of	3342
the center are safe and sanitary including, but not limited to,	3343
the physical environment, the physical plant, and the equipment of	3344
the center;	3345

(3) Standards for the supervision, care, and discipline of	3346
children receiving child care or publicly funded child care in the	3347
center;	3348

(4) Standards for a program of activities, and for play	3349
equipment, materials, and supplies, to enhance the development of	3350
each child; however, any educational curricula, philosophies, and	3351
methodologies that are developmentally appropriate and that	3352
enhance the social, emotional, intellectual, and physical	3353
development of each child shall be permissible. As used in this	3354
division, "program" does not include instruction in religious or	3355
moral doctrines, beliefs, or values that is conducted at child	3356
day-care centers owned and operated by churches and does include	3357
methods of disciplining children at child day-care centers.	3358

(5) Admissions policies and procedures, health care policies	3359
and procedures, including, but not limited to, procedures for the	3360
isolation of children with communicable diseases, first aid and	3361
emergency procedures, procedures for discipline and supervision of	3362
children, standards for the provision of nutritious meals and	3363
snacks, and procedures for screening children and employees,	3364
including, but not limited to, any necessary physical examinations	3365
and immunizations;	3366

(6) Methods for encouraging parental participation in the	3367
center and methods for ensuring that the rights of children,	3368
parents, and employees are protected and that responsibilities of	3369
parents and employees are met;	3370

(7) Procedures for ensuring the safety and adequate	3371
supervision of children traveling off the premises of the center	3372
while under the care of a center employee;	3373

(8) Procedures for record keeping, organization, and	3374
administration;	3375

(9) Procedures for issuing, renewing, denying, and revoking a	3376
license that are not otherwise provided for in Chapter 119. of the	3377
Revised Code;	3378

(10) Inspection procedures;

3379

(11) Procedures and standards for setting initial and renewal	3380
license application fees;	3381

(12) Procedures for receiving, recording, and responding to	3382
complaints about centers;	3383

(13) Procedures for enforcing section 5104.04 of the Revised	3384
Code;	3385

(14) A standard requiring the inclusion, on and after July 1,	3386
1987, of a current department of job and family services toll-free	3387
telephone number on each center provisional license or license	3388
which any person may use to report a suspected violation by the	3389
center of this chapter or rules adopted pursuant to this chapter;	3390

(15) Requirements for the training of administrators and	3391
child-care staff members in first aid, in prevention, recognition,	3392
and management of communicable diseases, and in child abuse	3393
recognition and prevention. Training requirements for child	3394
day-care centers adopted under this division shall be consistent	3395
with divisions (B)(6) and (C)(1) of this section.	3396

(16) Procedures to be used by licensees for checking the	3397
references of potential employees of centers and procedures to be	3398
used by the director for checking the references of applicants for	3399
licenses to operate centers;	3400

(17) Standards providing for the special needs of children	3401
who are handicapped or who require treatment for health conditions	3402
while the child is receiving child care or publicly funded child	3403
care in the center;	3404

(18) A procedure for reporting of injuries of children that	3405
occur at the center;	3406

(19) Any other procedures and standards necessary to carry	3407
out this chapter.	3408

(B)(1) The child day-care center shall have, for each child	3409
for whom the center is licensed, at least thirty-five square feet	3410
of usable indoor floor space wall-to-wall regularly available for	3411
the child care operation exclusive of any parts of the structure	3412
in which the care of children is prohibited by law or by rules	3413
adopted by the board of building standards. The minimum of	3414
thirty-five square feet of usable indoor floor space shall not	3415
include hallways, kitchens, storage areas, or any other areas that	3416
are not available for the care of children, as determined by the	3417
director, in meeting the space requirement of this division, and	3418
bathrooms shall be counted in determining square footage only if	3419
they are used exclusively by children enrolled in the center,	3420
except that the exclusion of hallways, kitchens, storage areas,	3421
bathrooms not used exclusively by children enrolled in the center,	3422
and any other areas not available for the care of children from	3423
the minimum of thirty-five square feet of usable indoor floor	3424
space shall not apply to:	3425

(a) Centers licensed prior to or on September 1, 1986, that	3426
continue under licensure after that date;	3427

(b) Centers licensed prior to or on September 1, 1986, that	3428
are issued a new license after that date solely due to a change of	3429
ownership of the center.	3430

(2) The child day-care center shall have on the site a safe	3431
outdoor play space which is enclosed by a fence or otherwise	3432
protected from traffic or other hazards. The play space shall	3433
contain not less than sixty square feet per child using such space	3434
at any one time, and shall provide an opportunity for supervised	3435
outdoor play each day in suitable weather. The director may exempt	3436
a center from the requirement of this division, if an outdoor play	3437
space is not available and if all of the following are met:	3438

(a) The center provides an indoor recreation area that has	3439
not less than sixty square feet per child using the space at any	3440
one time, that has a minimum of one thousand four hundred forty	3441
square feet of space, and that is separate from the indoor space	3442
required under division (B)(1) of this section.	3443

(b) The director has determined that there is regularly	3444
available and scheduled for use a conveniently accessible and safe	3445
park, playground, or similar outdoor play area for play or	3446
recreation.	3447

(c) The children are closely supervised during play and while	3448
traveling to and from the area.	3449

The director also shall exempt from the requirement of this	3450
division a child day-care center that was licensed prior to	3451
September 1, 1986, if the center received approval from the	3452
director prior to September 1, 1986, to use a park, playground, or	3453
similar area, not connected with the center, for play or	3454
recreation in lieu of the outdoor space requirements of this	3455
section and if the children are closely supervised both during	3456
play and while traveling to and from the area and except if the	3457
director determines upon investigation and inspection pursuant to	3458
section 5104.04 of the Revised Code and rules adopted pursuant to	3459
that section that the park, playground, or similar area, as well	3460
as access to and from the area, is unsafe for the children.	3461

(3) The child day-care center shall have at least two	3462
responsible adults available on the premises at all times when	3463
seven or more children are in the center. The center shall	3464
organize the children in the center in small groups, shall provide	3465
child-care staff to give continuity of care and supervision to the	3466
children on a day-by-day basis, and shall ensure that no child is	3467
left alone or unsupervised. Except as otherwise provided in	3468
division (E) of this section, the maximum number of children per	3469
child-care staff member and maximum group size, by age category of	3470
children, are as follows:	3471

		Maximum Number of				3472
		Children Per		Maximum		3473
Age Category		Child-Care		Group		3474
of Children		Staff Member		Size		3475
(a) Infants:						3476
(i) Less than twelve						3477
months old		5:1, or				3478
		12:2 if two				3479
		child-care				3480
		staff members				3481
		are in the room		12		3482
(ii) At least twelve						3483
months old, but						3484
less than eighteen						3485
months old		6:1		12		3486
(b) Toddlers:						3487
(i) At least eighteen						3488
months old, but						3489
less than thirty						3490
months old		7:1		14		3491
(ii) At least thirty months						3492
old, but less than						3493
three years old		8:1		16		3494
(c) Preschool						3495
children:						3496
(i) Three years old		12:1		24		3497
(ii) Four years old and						3498
five years old who						3499
are not school						3500
children		14:1		28		3501
(d) School children:						3502
(i) A child who is						3503
enrolled in or is						3504
eligible to be						3505
enrolled in a grade						3506
of kindergarten						3507
or above, but						3508
is less than						3509
eleven years old		18:1		36		3510
(ii) Eleven through fourteen						3511
years old		20:1		40		3512

Except as otherwise provided in division (E) of this section,	3513
the maximum number of children per child-care staff member and	3514
maximum group size requirements of the younger age group shall	3515
apply when age groups are combined.	3516

(4)(a) The child day-care center administrator shall show the	3517
director both of the following:	3518

(i) Evidence of at least high school graduation or	3519
certification of high school equivalency by the state board of	3520
education or the appropriate agency of another state;	3521

(ii) Evidence of having completed at least two years of	3522
training in an accredited college, university, or technical	3523
college, including courses in child development or early childhood	3524
education, or at least two years of experience in supervising and	3525
giving daily care to children attending an organized group	3526
program.	3527

(b) In addition to the requirements of division (B)(4)(a) of	3528
this section, any administrator employed or designated on or after	3529
September 1, 1986, shall show evidence of, and any administrator	3530
employed or designated prior to September 1, 1986, shall show	3531
evidence within six years after such date of, at least one of the	3532
following:	3533

(i) Two years of experience working as a child-care staff	3534
member in a center and at least four courses in child development	3535
or early childhood education from an accredited college,	3536
university, or technical college, except that a person who has two	3537
years of experience working as a child-care staff member in a	3538
particular center and who has been promoted to or designated as	3539
administrator of that center shall have one year from the time the	3540
person was promoted to or designated as administrator to complete	3541
the required four courses;	3542

(ii) Two years of training, including at least four courses	3543
in child development or early childhood education from an	3544
accredited college, university, or technical college;	3545

(iii) A child development associate credential issued by the	3546
national child development associate credentialing commission;	3547

(iv) An associate or higher degree in child development or	3548
early childhood education from an accredited college, technical	3549
college, or university, or a license designated for teaching in an	3550
associate teaching position in a preschool setting issued by the	3551
state board of education.	3552

(5) All child-care staff members of a child day-care center	3553
shall be at least eighteen years of age, and shall furnish the	3554
director evidence of at least high school graduation or	3555
certification of high school equivalency by the state board of	3556
education or the appropriate agency of another state or evidence	3557
of completion of a training program approved by the department of	3558
job and family services or state board of education, except as	3559
follows:	3560

(a) A child-care staff member may be less than eighteen years	3561
of age if the staff member is either of the following:	3562

(i) A graduate of a two-year vocational child-care training	3563
program approved by the state board of education;	3564

(ii) A student enrolled in the second year of a vocational	3565
child-care training program approved by the state board of	3566
education which leads to high school graduation, provided that the	3567
student performs the student's duties in the child day-care center	3568
under the continuous supervision of an experienced child-care	3569
staff member, receives periodic supervision from the vocational	3570
child-care training program teacher-coordinator in the student's	3571
high school, and meets all other requirements of this chapter and	3572
rules adopted pursuant to this chapter.	3573

(b) A child-care staff member shall be exempt from the	3574
educational requirements of this division if the staff member:	3575

(i) Prior to January 1, 1972, was employed or designated by a	3576
child day-care center and has been continuously employed since	3577
either by the same child day-care center employer or at the same	3578
child day-care center; or	3579

(ii) Is a student enrolled in the second year of a vocational	3580
child-care training program approved by the state board of	3581
education which leads to high school graduation, provided that the	3582
student performs the student's duties in the child day-care center	3583
under the continuous supervision of an experienced child-care	3584
staff member, receives periodic supervision from the vocational	3585
child-care training program teacher-coordinator in the student's	3586
high school, and meets all other requirements of this chapter and	3587
rules adopted pursuant to this chapter.	3588

(6) Every child care staff member of a child day-care center	3589
annually shall complete fifteen hours of inservice training in	3590
child development or early childhood education, child abuse	3591
recognition and prevention, first aid, and in prevention,	3592
recognition, and management of communicable diseases, until a	3593
total of forty-five hours of training has been completed, unless	3594
the staff member furnishes one of the following to the director:	3595

(a) Evidence of an associate or higher degree in child	3596
development or early childhood education from an accredited	3597
college, university, or technical college;	3598

(b) A license designated for teaching in an associate	3599
teaching position in a preschool setting issued by the state board	3600
of education;	3601

(c) Evidence of a child development associate credential;

3602

(d) Evidence of a preprimary credential from the American	3603
Montessori society or the association Montessori international	3604
internationale. For the purposes of division (B)(6) of this	3605
section, "hour" means sixty minutes.	3606

(7) The administrator of each child day-care center shall	3607
prepare at least once annually and for each group of children at	3608
the center a roster of names and telephone numbers of parents,	3609
custodians, or guardians of each group of children attending the	3610
center and upon request shall furnish the roster for each group to	3611
the parents, custodians, or guardians of the children in that	3612
group. The administrator may prepare a roster of names and	3613
telephone numbers of all parents, custodians, or guardians of	3614
children attending the center and upon request shall furnish the	3615
roster to the parents, custodians, or guardians of the children	3616
who attend the center. The administrator shall not include in any	3617
roster the name or telephone number of any parent, custodian, or	3618
guardian who requests the administrator not to include the	3619
parent's, custodian's, or guardian's name or number and shall not	3620
furnish any roster to any person other than a parent, custodian,	3621
or guardian of a child who attends the center.	3622

(C)(1) Each child day-care center shall have on the center	3623
premises and readily available at all times at least one	3624
child-care staff member who has completed a course in first aid	3625
and in prevention, recognition, and management of communicable	3626
diseases which is approved by the state department of health and a	3627
staff member who has completed a course in child abuse recognition	3628
and prevention training which is approved by the department of job	3629
and family services.	3630

(2) The administrator of each child day-care center shall	3631
maintain enrollment, health, and attendance records for all	3632
children attending the center and health and employment records	3633
for all center employees. The records shall be confidential,	3634
except as otherwise provided in division (B)(7) of this section	3635
and except that they shall be disclosed by the administrator to	3636
the director upon request for the purpose of administering and	3637
enforcing this chapter and rules adopted pursuant to this chapter.	3638
Neither the center nor the licensee, administrator, or employees	3639
of the center shall be civilly or criminally liable in damages or	3640
otherwise for records disclosed to the director by the	3641
administrator pursuant to this division. It shall be a defense to	3642
any civil or criminal charge based upon records disclosed by the	3643
administrator to the director that the records were disclosed	3644
pursuant to this division.	3645

(3)(a) Any parent who is the residential parent and legal	3646
custodian of a child enrolled in a child day-care center and any	3647
custodian or guardian of such a child shall be permitted unlimited	3648
access to the center during its hours of operation for the	3649
purposes of contacting their children, evaluating the care	3650
provided by the center, evaluating the premises of the center, or	3651
for other purposes approved by the director. A parent of a child	3652
enrolled in a child day-care center who is not the child's	3653
residential parent shall be permitted unlimited access to the	3654
center during its hours of operation for those purposes under the	3655
same terms and conditions under which the residential parent of	3656
that child is permitted access to the center for those purposes.	3657
However, the access of the parent who is not the residential	3658
parent is subject to any agreement between the parents and, to the	3659
extent described in division (C)(3)(b) of this section, is subject	3660
to any terms and conditions limiting the right of access of the	3661
parent who is not the residential parent, as described in division	3662
(I) of section 3109.051 of the Revised Code, that are contained in	3663
a parenting time order or decree issued under that section,	3664
section 3109.12 of the Revised Code, or any other provision of the	3665
Revised Code.	3666

(b) If a parent who is the residential parent of a child has	3667
presented the administrator or the administrator's designee with a	3668
copy of a parenting time order that limits the terms and	3669
conditions under which the parent who is not the residential	3670
parent is to have access to the center, as described in division	3671
(I) of section 3109.051 of the Revised Code, the parent who is not	3672
the residential parent shall be provided access to the center only	3673
to the extent authorized in the order. If the residential parent	3674
has presented such an order, the parent who is not the residential	3675
parent shall be permitted access to the center only in accordance	3676
with the most recent order that has been presented to the	3677
administrator or the administrator's designee by the residential	3678
parent or the parent who is not the residential parent.	3679

(c) Upon entering the premises pursuant to division (C)(3)(a)	3680
or (b) of this section, the parent who is the residential parent	3681
and legal custodian, the parent who is not the residential parent,	3682
or the custodian or guardian shall notify the administrator or the	3683
administrator's designee of the parent's, custodian's, or	3684
guardian's presence.	3685

(D) The director of job and family services, in addition to	3686
the rules adopted under division (A) of this section, shall adopt	3687
rules establishing minimum requirements for child day-care	3688
centers. The rules shall include, but not be limited to, the	3689
requirements set forth in divisions (B) and (C) of this section.	3690
Except as provided in section 5104.07 of the Revised Code, the	3691
rules shall not change the square footage requirements of division	3692
(B)(1) or (2) of this section; the maximum number of children per	3693
child-care staff member and maximum group size requirements of	3694
division (B)(3) of this section; the educational and experience	3695
requirements of division (B)(4) of this section; the age,	3696
educational, and experience requirements of division (B)(5) of	3697
this section; the number of inservice training hours required	3698
under division (B)(6) of this section; or the requirement for at	3699
least annual preparation of a roster for each group of children of	3700
names and telephone numbers of parents, custodians, or guardians	3701
of each group of children attending the center that must be	3702
furnished upon request to any parent, custodian, or guardian of	3703
any child in that group required under division (B)(7) of this	3704
section; however, the rules shall provide procedures for	3705
determining compliance with those requirements.	3706

(E)(1) When age groups are combined, the maximum number of	3707
children per child-care staff member shall be determined by the	3708
age of the youngest child in the group, except that when no more	3709
than one child thirty months of age or older receives services in	3710
a group in which all the other children are in the next older age	3711
group, the maximum number of children per child-care staff member	3712
and maximum group size requirements of the older age group	3713
established under division (B)(3) of this section shall apply.	3714

(2) The maximum number of toddlers or preschool children per	3715
child-care staff member in a room where children are napping shall	3716
be twice the maximum number of children per child-care staff	3717
member established under division (B)(3) of this section if all	3718
the following criteria are met:	3719

(a) At least one child-care staff member is present in the	3720
room.	3721

(b) Sufficient child-care staff members are on the child	3722
day-care center premises to meet the maximum number of children	3723
per child-care staff member requirements established under	3724
division (B)(3) of this section.	3725

(c) Naptime preparations are complete and all napping	3726
children are resting or sleeping on cots.	3727

(d) The maximum number established under division (E)(2) of	3728
this section is in effect for no more than one and one-half hours	3729
during a twenty-four-hour day.	3730

(F) The director of job and family services shall adopt rules	3731
pursuant to Chapter 119. of the Revised Code governing the	3732
operation of type A family day-care homes, including, but not	3733
limited to, parent cooperative type A homes, part-time type A	3734
homes, drop-in type A homes, and school child type A homes, which	3735
shall reflect the various forms of child care and the needs of	3736
children receiving child care. The rules shall include the	3737
following:	3738

(1) Submission of a site plan and descriptive plan of	3739
operation to demonstrate how the type A home proposes to meet the	3740
requirements of this chapter and rules adopted pursuant to this	3741
chapter for the initial license application;	3742

(2) Standards for ensuring that the physical surroundings of	3743
the type A home are safe and sanitary, including, but not limited	3744
to, the physical environment, the physical plant, and the	3745
equipment of the type A home;	3746

(3) Standards for the supervision, care, and discipline of	3747
children receiving child care or publicly funded child care in the	3748
type A home;	3749

(4) Standards for a program of activities, and for play	3750
equipment, materials, and supplies, to enhance the development of	3751
each child; however, any educational curricula, philosophies, and	3752
methodologies that are developmentally appropriate and that	3753
enhance the social, emotional, intellectual, and physical	3754
development of each child shall be permissible;	3755

(5) Admissions policies and procedures, health care policies	3756
and procedures, including, but not limited to, procedures for the	3757
isolation of children with communicable diseases, first aid and	3758
emergency procedures, procedures for discipline and supervision of	3759
children, standards for the provision of nutritious meals and	3760
snacks, and procedures for screening children and employees,	3761
including, but not limited to, any necessary physical examinations	3762
and immunizations;	3763

(6) Methods for encouraging parental participation in the	3764
type A home and methods for ensuring that the rights of children,	3765
parents, and employees are protected and that the responsibilities	3766
of parents and employees are met;	3767

(7) Procedures for ensuring the safety and adequate	3768
supervision of children traveling off the premises of the type A	3769
home while under the care of a type A home employee;	3770

(8) Procedures for record keeping, organization, and	3771
administration;	3772

(9) Procedures for issuing, renewing, denying, and revoking a	3773
license that are not otherwise provided for in Chapter 119. of the	3774
Revised Code;	3775

(10) Inspection procedures;

3776

(11) Procedures and standards for setting initial and renewal	3777
license application fees;	3778

(12) Procedures for receiving, recording, and responding to	3779
complaints about type A homes;	3780

(13) Procedures for enforcing section 5104.04 of the Revised	3781
Code;	3782

(14) A standard requiring the inclusion, on or after July 1,	3783
1987, of a current department of job and family services toll-free	3784
telephone number on each type A home provisional license or	3785
license which any person may use to report a suspected violation	3786
by the type A home of this chapter or rules adopted pursuant this	3787
chapter;	3788

(15) Requirements for the training of administrators and	3789
child-care staff members in first aid, in prevention, recognition,	3790
and management of communicable diseases, and in child abuse	3791
recognition and prevention;	3792

(16) Procedures to be used by licensees for checking the	3793
references of potential employees of type A homes and procedures	3794
to be used by the director for checking the references of	3795
applicants for licenses to operate type A homes;	3796

(17) Standards providing for the special needs of children	3797
who are handicapped or who require treatment for health conditions	3798
while the child is receiving child care or publicly funded child	3799
care in the type A home;	3800

(18) Standards for the maximum number of children per	3801
child-care staff member;	3802

(19) Requirements for the amount of usable indoor floor space	3803
for each child;	3804

(20) Requirements for safe outdoor play space;

3805

(21) Qualifications and training requirements for	3806
administrators and for child-care staff members;	3807

(22) Procedures for granting a parent who is the residential	3808
parent and legal custodian, or a custodian or guardian access to	3809
the type A home during its hours of operation;	3810

(23) Standards for the preparation and distribution of a	3811
roster of parents, custodians, and guardians;	3812

(24) Any other procedures and standards necessary to carry	3813
out this chapter.	3814

(G) The director of job and family services shall adopt rules	3815
pursuant to Chapter 119. of the Revised Code governing the	3816
certification of type B family day-care homes.	3817

(1) The rules shall include proceduresall of the following:

3818

(a) Procedures, standards, and other necessary provisions for	3819
granting limited certification to type B family day-care homes	3820
that are operated by the following adult providers:	3821

(a)(i) Persons who provide child care for eligible children	3822
who are great-grandchildren, grandchildren, nieces, nephews, or	3823
siblings of the provider or for eligible children whose caretaker	3824
parent is a grandchild, child, niece, nephew, or sibling of the	3825
provider;	3826

(b)(ii) Persons who provide child care for eligible children	3827
all of whom are the children of the same caretaker parent.;	3828

The rules shall require, and shall include procedures(b)	3829
Procedures for the director to ensure, that type B family day-care	3830
homes that receive a limited certification provide child care to	3831
children in a safe and sanitary manner;	3832

(c) Requirements for the type B home to notify parents with	3833
children in the type B home that the type B home is also certified	3834
as a foster home under section 5103.03 of the Revised Code. With	3835

With regard to providers who apply for limited certification,	3836
a provider shall be granted a provisional limited certification on	3837
signing a declaration under oath attesting that the provider meets	3838
the standards for limited certification. Such provisional limited	3839
certifications shall remain in effect for no more than sixty	3840
calendar days and shall entitle the provider to offer publicly	3841
funded child care during the provisional period. Except as	3842
otherwise provided in division (G)(1) of this section, section	3843
5104.013 or 5104.09 of the Revised Code, or division (A)(2) of	3844
section 5104.11 of the Revised Code, prior to the expiration of	3845
the provisional limited certificate, a county department of job	3846
and family services shall inspect the home and shall grant limited	3847
certification to the provider if the provider meets the	3848
requirements of this division. Limited certificates remain valid	3849
for two years unless earlier revoked. Except as otherwise provided	3850
in division (G)(1) of this section, providers operating under	3851
limited certification shall be inspected annually.	3852

If a provider is a person described in division (G)(1)(a)(i)	3853
of this section or a person described in division (G)(1)(b)(a)(ii)	3854
of this section who is a friend of the caretaker parent, the	3855
provider and the caretaker parent may verify in writing to the	3856
county department of job and family services that minimum health	3857
and safety requirements are being met in the home. Except as	3858
otherwise provided in section 5104.013 or 5104.09 or in division	3859
(A)(2) of section 5104.11 of the Revised Code, if such	3860
verification is provided, the county shall waive any inspection	3861
required by this chapter and grant limited certification to the	3862
provider.	3863

(2) The rules shall provide for safeguarding the health,	3864
safety, and welfare of children receiving child care or publicly	3865
funded child care in a certified type B home and shall include the	3866
following:	3867

(a) Standards for ensuring that the type B home and the	3868
physical surroundings of the type B home are safe and sanitary,	3869
including, but not limited to, physical environment, physical	3870
plant, and equipment;	3871

(b) Standards for the supervision, care, and discipline of	3872
children receiving child care or publicly funded child care in the	3873
home;	3874

(c) Standards for a program of activities, and for play	3875
equipment, materials, and supplies to enhance the development of	3876
each child; however, any educational curricula, philosophies, and	3877
methodologies that are developmentally appropriate and that	3878
enhance the social, emotional, intellectual, and physical	3879
development of each child shall be permissible;	3880

(d) Admission policies and procedures, health care, first aid	3881
and emergency procedures, procedures for the care of sick	3882
children, procedures for discipline and supervision of children,	3883
nutritional standards, and procedures for screening children and	3884
authorized providers, including, but not limited to, any necessary	3885
physical examinations and immunizations;	3886

(e) Methods of encouraging parental participation and	3887
ensuring that the rights of children, parents, and authorized	3888
providers are protected and the responsibilities of parents and	3889
authorized providers are met;	3890

(f) Standards for the safe transport of children when under	3891
the care of authorized providers;	3892

(g) Procedures for issuing, renewing, denying, refusing to	3893
renew, or revoking certificates;	3894

(h) Procedures for the inspection of type B family day-care	3895
homes that require, at a minimum, that each type B family day-care	3896
home be inspected prior to certification to ensure that the home	3897
is safe and sanitary;	3898

(i) Procedures for record keeping and evaluation;

3899

(j) Procedures for receiving, recording, and responding to	3900
complaints;	3901

(k) Standards providing for the special needs of children who	3902
are handicapped or who receive treatment for health conditions	3903
while the child is receiving child care or publicly funded child	3904
care in the type B home;	3905

(l) Requirements for the amount of usable indoor floor space	3906
for each child;	3907

(m) Requirements for safe outdoor play space;

3908

(n) Qualification and training requirements for authorized	3909
providers;	3910

(o) Procedures for granting a parent who is the residential	3911
parent and legal custodian, or a custodian or guardian access to	3912
the type B home during its hours of operation;	3913

(p) Requirements for the type B home to notify parents with	3914
children in the type B home that the type B home is also certified	3915
as a foster home under section 5103.03 of the Revised Code;	3916

(q) Any other procedures and standards necessary to carry out	3917
this chapter.	3918

(H) The director shall adopt rules pursuant to Chapter 119.	3919
of the Revised Code governing the certification of in-home aides.	3920
The rules shall include procedures, standards, and other necessary	3921
provisions for granting limited certification to in-home aides who	3922
provide child care for eligible children who are	3923
great-grandchildren, grandchildren, nieces, nephews, or siblings	3924
of the in-home aide or for eligible children whose caretaker	3925
parent is a grandchild, child, niece, nephew, or sibling of the	3926
in-home aide. The rules shall require, and shall include	3927
procedures for the director to ensure, that in-home aides that	3928
receive a limited certification provide child care to children in	3929
a safe and sanitary manner. The rules shall provide for	3930
safeguarding the health, safety, and welfare of children receiving	3931
publicly funded child care in their own home and shall include the	3932
following:	3933

(1) Standards for ensuring that the child's home and the	3934
physical surroundings of the child's home are safe and sanitary,	3935
including, but not limited to, physical environment, physical	3936
plant, and equipment;	3937

(2) Standards for the supervision, care, and discipline of	3938
children receiving publicly funded child care in their own home;	3939

(3) Standards for a program of activities, and for play	3940
equipment, materials, and supplies to enhance the development of	3941
each child; however, any educational curricula, philosophies, and	3942
methodologies that are developmentally appropriate and that	3943
enhance the social, emotional, intellectual, and physical	3944
development of each child shall be permissible;	3945

(4) Health care, first aid, and emergency procedures,	3946
procedures for the care of sick children, procedures for	3947
discipline and supervision of children, nutritional standards, and	3948
procedures for screening children and in-home aides, including,	3949
but not limited to, any necessary physical examinations and	3950
immunizations;	3951

(5) Methods of encouraging parental participation and	3952
ensuring that the rights of children, parents, and in-home aides	3953
are protected and the responsibilities of parents and in-home	3954
aides are met;	3955

(6) Standards for the safe transport of children when under	3956
the care of in-home aides;	3957

(7) Procedures for issuing, renewing, denying, refusing to	3958
renew, or revoking certificates;	3959

(8) Procedures for inspection of homes of children receiving	3960
publicly funded child care in their own homes;	3961

(9) Procedures for record keeping and evaluation;

3962

(10) Procedures for receiving, recording, and responding to	3963
complaints;	3964

(11) Qualifications and training requirements for in-home	3965
aides;	3966

(12) Standards providing for the special needs of children	3967
who are handicapped or who receive treatment for health conditions	3968
while the child is receiving publicly funded child care in the	3969
child's own home;	3970

(13) Any other procedures and standards necessary to carry	3971
out this chapter.	3972

(I) To the extent that any rules adopted for the purposes of	3973
this section require a health care professional to perform a	3974
physical examination, the rules shall include as a health care	3975
professional a physician assistant, a clinical nurse specialist, a	3976
certified nurse practitioner, or a certified nurse-midwife.	3977

(J)(1) The director of job and family services shall do all	3978
of the following:	3979

(a) SendProvide or make available in either paper or	3980
electronic form to each licensee notice of proposed rules	3981
governing the licensure of child day-care centers and type A	3982
homes;	3983

(b) Give public notice of hearings regarding the rules to	3984
each licensee at least thirty days prior to the date of the public	3985
hearing, in accordance with section 119.03 of the Revised Code;	3986

(c) At least thirty days before the effective date of a rule,	3987
provide, in either paper or electronic form, a copy of the adopted	3988
rule to each licensee.	3989

(2) The director shall do all of the following:

3990

(a) Send to each county director of job and family services a	3991
notice of proposed rules governing the certification of type B	3992
family homes and in-home aides that includes an internet web site	3993
address where the proposed rules can be viewed;	3994

(b) Give public notice of hearings regarding the proposed	3995
rules not less than thirty days in advance;	3996

(c) Provide to each county director of job and family	3997
services an electronic copy of each adopted rule at least	3998
forty-five days prior to the rule's effective date.	3999

(3) The county director of job and family services shall send	4000
copies of proposed rulesprovide or make available in either paper	4001
or electronic form to each authorized provider and in-home aide	4002
copies of proposed rules and shall give public notice of hearings	4003
regarding the rules to each authorized provider and in-home aide	4004
at least thirty days prior to the date of the public hearing, in	4005
accordance with section 119.03 of the Revised Code. At least	4006
thirty days before the effective date of a rule, the county	4007
director of job and family services shall provide, in either paper	4008
or electronic form, copies of the adopted rule to each authorized	4009
provider and in-home aide.	4010

(4) Additional copies of proposed and adopted rules shall be	4011
made available by the director of job and family services to the	4012
public on request at no charge.	4013

(5) The director of job and family services shall recommend	4014
standards for imposing sanctions on persons and entities that are	4015
licensed or certified under this chapter and that violate any	4016
provision of this chapter. The standards shall be based on the	4017
scope and severity of the violations. The director shall provide	4018
copies of the recommendations to the governor, the speaker and	4019
minority leader of the house of representatives, and the president	4020
and minority leader of the senate and, on request, shall make	4021
copies available to the public.	4022

(6) The director of job and family services shall adopt rules	4023
pursuant to Chapter 119. of the Revised Code that establish	4024
standards for the training of individuals whom any county	4025
department of job and family services employs, with whom any	4026
county department of job and family services contracts, or with	4027
whom the director of job and family services contracts, to inspect	4028
or investigate type B family day-care homes pursuant to section	4029
5104.11 of the Revised Code. The department shall provide training	4030
in accordance with those standards for individuals in the	4031
categories described in this division.	4032

(K) The director of job and family services shall review all	4033
rules adopted pursuant to this chapter at least once every seven	4034
years.	4035

(L) Notwithstanding any provision of the Revised Code, the	4036
director of job and family services shall not regulate in any way	4037
under this chapter or rules adopted pursuant to this chapter,	4038
instruction in religious or moral doctrines, beliefs, or values.	4039

Sec. 5104.012.  (A)(1) TheAt the times specified in this	4040
division, the administrator of a child day-care center or a type A	4041
family day-care home and the provider of a certified type B family	4042
day-care home shall request the superintendent of the bureau of	4043
criminal identification and investigation to conduct a criminal	4044
records check with respect to any applicant who has applied to the	4045
center,or type A home, or certified type B home for employment as	4046
a person responsible for the care, custody, or control of a child.	4047
If the applicant does not present proof that the applicant has	4048
been a resident of this state for the five-year period immediately	4049
prior to the date upon which the criminal records check is	4050
requested or does not provide evidence that within that five-year	4051
period the superintendent has requested information about the	4052
applicant from the federal bureau of investigation in a criminal	4053
records check	4054

The administrator shall request a criminal records check	4055
pursuant to this division at the time of the applicant's initial	4056
application for employment and every four years thereafter at the	4057
time of a license renewal. When the administrator requests	4058
pursuant to this division a criminal records check for an	4059
applicant at the time of the applicant's initial application for	4060
employment, the administrator or provider shall request that the	4061
superintendent obtain information from the federal bureau of	4062
investigation as a part of the criminal records check for the	4063
applicant. If the applicant presents proof that the applicant has	4064
been a resident of this state for that five-year period, the	4065
administrator or provider may request that the superintendent	4066
include information from the federal bureau of investigation in	4067
the criminal records check, including fingerprint based checks of	4068
national crime information databases as described in 42 U.S.C.	4069
671, for the person subject to the criminal records check. In all	4070
other cases in which the administrator requests a criminal records	4071
check for an applicant pursuant to this division, the	4072
administrator may request that the superintendent include	4073
information from the federal bureau of investigation in the	4074
criminal records check, including fingerprint based checks of	4075
national crime information databases as described in 42 U.S.C.	4076
671.	4077

(2) A person required by division (A)(1) of this section to	4078
request a criminal records check shall provide to each applicant a	4079
copy of the form prescribed pursuant to division (C)(1) of section	4080
109.572 of the Revised Code, provide to each applicant a standard	4081
impression sheet to obtain fingerprint impressions prescribed	4082
pursuant to division (C)(2) of section 109.572 of the Revised	4083
Code, obtain the completed form and impression sheet from each	4084
applicant, and forward the completed form and impression sheet to	4085
the superintendent of the bureau of criminal identification and	4086
investigation at the time the person requests a criminal records	4087
check pursuant to division (A)(1) of this section. On and after	4088
the effective date of this amendment, the administrator of a child	4089
day-care center or a type A family day-care home shall review the	4090
results of the criminal records check before the applicant has	4091
sole responsibility for the care, custody, or control of any	4092
child.	4093

(3) An applicant who receives pursuant to division (A)(2) of	4094
this section a copy of the form prescribed pursuant to division	4095
(C)(1) of section 109.572 of the Revised Code and a copy of an	4096
impression sheet prescribed pursuant to division (C)(2) of that	4097
section and who is requested to complete the form and provide a	4098
set of fingerprint impressions shall complete the form or provide	4099
all the information necessary to complete the form and shall	4100
provide the impression sheet with the impressions of the	4101
applicant's fingerprints. If an applicant, upon request, fails to	4102
provide the information necessary to complete the form or fails to	4103
provide impressions of the applicant's fingerprints, the center,	4104
or type A home, or type B home shall not employ that applicant for	4105
any position for which a criminal records check is required by	4106
division (A)(1) of this section.	4107

(B)(1) Except as provided in rules adopted under division (E)	4108
of this section, no child day-care center,or type A family	4109
day-care home, or certified type B family day-care home shall	4110
employ or contract with another entity for the services of a	4111
person as a person responsible for the care, custody, or control	4112
of a child if the person previously has been convicted of or	4113
pleaded guilty to any of the following:	4114

(a) A violation of section 2903.01, 2903.02, 2903.03,	4115
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	4116
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	4117
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	4118
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	4119
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	4120
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	4121
2925.06, or 3716.11 of the Revised Code, a violation of section	4122
2905.04 of the Revised Code as it existed prior to July 1, 1996, a	4123
violation of section 2919.23 of the Revised Code that would have	4124
been a violation of section 2905.04 of the Revised Code as it	4125
existed prior to July 1, 1996, had the violation occurred prior to	4126
that date, a violation of section 2925.11 of the Revised Code that	4127
is not a minor drug possession offense, or felonious sexual	4128
penetration in violation of former section 2907.12 of the Revised	4129
Code;	4130

(b) A violation of an existing or former law of this state,	4131
any other state, or the United States that is substantially	4132
equivalent to any of the offenses or violations described in	4133
division (B)(1)(a) of this sectionviolations described in	4134
division (A)(9) of section 109.572 of the Revised Code.	4135

(2) A child day-care center,or type A family day-care home,	4136
or certified type B family day-care home may employ an applicant	4137
conditionally until the criminal records check required by this	4138
section is completed and the center or home receives the results	4139
of the criminal records check. If the results of the criminal	4140
records check indicate that, pursuant to division (B)(1) of this	4141
section, the applicant does not qualify for employment, the center	4142
or home shall release the applicant from employment.	4143

(C)(1) Each child day-care center,and type A family day-care	4144
home, and certified type B family day-care home shall pay to the	4145
bureau of criminal identification and investigation the fee	4146
prescribed pursuant to division (C)(3) of section 109.572 of the	4147
Revised Code for each criminal records check conducted in	4148
accordance with that section upon the request pursuant to division	4149
(A)(1) of this section of the administrator or provider of the	4150
center or home.	4151

(2) A child day-care center,and type A family day-care home,	4152
and certified type B family day-care home may charge an applicant	4153
a fee for the costs it incurs in obtaining a criminal records	4154
check under this section. A fee charged under this division shall	4155
not exceed the amount of fees the center or home pays under	4156
division (C)(1) of this section. If a fee is charged under this	4157
division, the center or home shall notify the applicant at the	4158
time of the applicant's initial application for employment of the	4159
amount of the fee and that, unless the fee is paid, the center,or	4160
type A home, or type B home will not consider the applicant for	4161
employment.	4162

(D) The report of any criminal records check conducted by the	4163
bureau of criminal identification and investigation in accordance	4164
with section 109.572 of the Revised Code and pursuant to a request	4165
under division (A)(1) of this section is not a public record for	4166
the purposes of section 149.43 of the Revised Code and shall not	4167
be made available to any person other than the applicant who is	4168
the subject of the criminal records check or the applicant's	4169
representative; the center,or type A home, or certified type B	4170
home requesting the criminal records check or its representative;	4171
the department of job and family services or a county department	4172
of job and family services; and any court, hearing officer, or	4173
other necessary individual involved in a case dealing with the	4174
denial of employment to the applicant.	4175

(E) The director of job and family services shall adopt rules	4176
pursuant to Chapter 119. of the Revised Code to implement this	4177
section, including rules specifying circumstances under which a	4178
center or home may hire a person who has been convicted of an	4179
offense listed in division (B)(1) of this section but who meets	4180
standards in regard to rehabilitation set by the department.	4181

(F) Any person required by division (A)(1) of this section to	4182
request a criminal records check shall inform each person, at the	4183
time of the person's initial application for employment, that the	4184
person is required to provide a set of impressions of the person's	4185
fingerprints and that a criminal records check is required to be	4186
conducted and satisfactorily completed in accordance with section	4187
109.572 of the Revised Code if the person comes under final	4188
consideration for appointment or employment as a precondition to	4189
employment for that position.	4190

(G) As used in this section:

4191

(1) "Applicant" means a person who is under final	4192
consideration for appointment to or employment in a position with	4193
a child day-care center,or a type A family day-care home, or a	4194
certified type B family day-care home as a person responsible for	4195
the care, custody, or control of a child; an in-home aide	4196
certified pursuant to section 5104.12 of the Revised Code; or any	4197
person who would serve in any position with a child day-care	4198
center,or a type A family day-care home, or a certified type B	4199
family day-care home as a person responsible for the care,	4200
custody, or control of a child pursuant to a contract with another	4201
entity.	4202

(2) "Criminal records check" has the same meaning as in	4203
section 109.572 of the Revised Code.	4204

(3) "Minor drug possession offense" has the same meaning as	4205
in section 2925.01 of the Revised Code.	4206

Sec. 5104.013.  (A)(1) TheAt the times specified in division	4207
(A)(3) of this section, the director of job and family services,	4208
as part of the process of licensure of child day-care centers and	4209
type A family day-care homes, shall request the superintendent of	4210
the bureau of criminal identification and investigation to conduct	4211
a criminal records check with respect to the following persons:	4212

(a) Any owner, licensee, or administrator of a child day-care	4213
center;	4214

(b) Any owner, licensee, or administrator of a type A family	4215
day-care home and any person eighteen years of age or older who	4216
resides in a type A family day-care home.	4217

(2) TheAt the times specified in division (A)(3) of this	4218
section, the director of a county department of job and family	4219
services, as part of the process of certification of type B family	4220
day-care homes, shall request the superintendent of the bureau of	4221
criminal identification and investigation to conduct a criminal	4222
records check with respect to any authorized provider of a	4223
certified type B family day-care home and any person eighteen	4224
years of age or older who resides in a certified type B family	4225
day-care home.	4226

(3) If the owner, licensee, administrator, or person eighteen	4227
years of age or older who is the subject of a criminal records	4228
check pursuant to division (A)(1) of this section, or the	4229
authorized provider or person eighteen years of age or older who	4230
is the subject of a criminal records check pursuant to division	4231
(A)(2) of this section, does not present proof that the owner,	4232
licensee, administrator, authorized provider, or person has been a	4233
resident of this state for the five-year period immediately prior	4234
to the date upon which the criminal records check is requested or	4235
does not provide evidence that within that five-year period the	4236
superintendent of the bureau of criminal identification and	4237
investigation has requested information about the owner, licensee,	4238
administrator, authorized provider, or person from the federal	4239
bureau of investigation in a criminal records checkThe director	4240
of job and family services shall request a criminal records check	4241
pursuant to division (A)(1) of this section at the time of the	4242
initial application for licensure and every four years thereafter	4243
at the time of a license renewal. The director of a county	4244
department of job and family services shall request a criminal	4245
records check pursuant to division (A)(2) of this section at the	4246
time of the initial application for certification and every four	4247
years thereafter at the time of a certification renewal. When the	4248
director of job and family services or the director of a county	4249
department of job and family services requests pursuant to	4250
division (A)(1) or (2) of this section a criminal records check	4251
for a person at the time of the person's initial application for	4252
licensure or certification, the director shall request that the	4253
superintendent of the bureau of criminal identification and	4254
investigation obtain information from the federal bureau of	4255
investigation as a part of the criminal records check for the	4256
applicant. If the owner, licensee, administrator, authorized	4257
provider, or person presents proof that the owner, licensee,	4258
administrator, authorized provider, or person has been a resident	4259
of this state for that five-year period, the director may request	4260
that the superintendent include information from the federal	4261
bureau of investigation in the criminal records checkperson,	4262
including fingerprint based checks of national crime information	4263
databases as described in 42 U.S.C. 671 for the person subject to	4264
the criminal records check. In all other cases in which the	4265
director of job and family services or the director of a county	4266
department of job and family services requests a criminal records	4267
check for an applicant pursuant to division (A)(1) or (2) of this	4268
section, the director may request that the superintendent include	4269
information from the federal bureau of investigation in the	4270
criminal records check, including fingerprint based checks of	4271
national crime information databases as described in 42 U.S.C.	4272
671.	4273

(4) The director of job and family services shall review the	4274
results of a criminal records check subsequent to a request made	4275
pursuant to divisions (A)(1) and (3) of this section prior to	4276
approval of a license. The director of a county department of job	4277
and family services shall review the results of a criminal records	4278
check subsequent to a request made pursuant to divisions (A)(2)	4279
and (3) of this section prior to approval of certification.	4280

(B) The director of job and family services or the director	4281
of a county department of job and family services shall provide to	4282
each person for whom a criminal records check is required under	4283
this section a copy of the form prescribed pursuant to division	4284
(C)(1) of section 109.572 of the Revised Code and a standard	4285
impression sheet to obtain fingerprint impressions prescribed	4286
pursuant to division (C)(2) of that section, obtain the completed	4287
form and impression sheet from that person, and forward the	4288
completed form and impression sheet to the superintendent of the	4289
bureau of criminal identification and investigation.	4290

(C) A person who receives pursuant to division (B) of this	4291
section a copy of the form and standard impression sheet described	4292
in that division and who is requested to complete the form and	4293
provide a set of fingerprint impressions shall complete the form	4294
or provide all the information necessary to complete the form and	4295
shall provide the impression sheet with the impressions of the	4296
person's fingerprints. If the person, upon request, fails to	4297
provide the information necessary to complete the form or fails to	4298
provide impressions of the person's fingerprints, the director may	4299
consider the failure as a reason to deny licensure or	4300
certification.	4301

(D)(1) Except as provided in rules adopted under division (G)	4302
of this section, the director of job and family services shall not	4303
grant a license to a child day-care center or type A family	4304
day-care home and a county director of job and family services	4305
shall not certify a type B family day-care home if a person for	4306
whom a criminal records check was required in connection with the	4307
center or home previously has been convicted of or pleaded guilty	4308
to any of the following:	4309

(a) A violation of section 2903.01, 2903.02, 2903.03,	4310
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	4311
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	4312
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	4313
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	4314
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	4315
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	4316
2925.06, or 3716.11 of the Revised Code, a violation of section	4317
2905.04 as it existed prior to July 1, 1996, a violation of	4318
section 2919.23 of the Revised Code that would have been a	4319
violation of section 2905.04 of the Revised Code as it existed	4320
prior to July 1, 1996, had the violation been committed prior to	4321
that date, a violation of section 2925.11 of the Revised Code that	4322
is not a minor drug possession offense, or felonious sexual	4323
penetration in violation of former section 2907.12 of the Revised	4324
Code;	4325

(b) A violation of an existing or former law of this state,	4326
any other state, or the United States that is substantially	4327
equivalent to any of the offenses or violations described in	4328
division (D)(1)(a) of this section.	4329

(2) In addition to the prohibition described in division	4330
(D)(1) of this section, and except as provided in rules adopted	4331
under division (G) of this section, the director shall not grant a	4332
license to a child day-care center or type A family day-care home	4333
and a county director shall not certify a type B family day-care	4334
home if an owner, licensee, or administrator of a child day-care	4335
center or type A family day-care home or an authorized provider of	4336
a certified type B family day-care home previously has been	4337
convicted of or pleaded guilty to any of the following:	4338

(a) A violation of section 2913.02, 2913.03, 2913.04,	4339
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	4340
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	4341
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11,	4342
2921.13, or 2923.01 of the Revised Code, a violation of section	4343
2923.02 or 2923.03 of the Revised Code that relates to a crime	4344
specified in this division or division (D)(1) of this section, or	4345
a second violation of section 4511.19 of the Revised Code within	4346
five years of the date of application for licensure or	4347
certification.	4348

(b) A violation of an existing or former law of this state,	4349
any other state, or the United States that is substantially	4350
equivalent to any of the offenses or violations described in	4351
division (D)(2)(a) of this sectionviolations described in	4352
division (A)(9) of section 109.572 of the Revised Code.	4353

(E) Each child day-care center, type A family day-care home,	4354
and type B family day-care home shall pay to the bureau of	4355
criminal identification and investigation the fee prescribed	4356
pursuant to division (C)(3) of section 109.572 of the Revised Code	4357
for each criminal records check conducted in accordance with that	4358
section upon a request made pursuant to division (A) of this	4359
section.	4360

(F) The report of any criminal records check conducted by the	4361
bureau of criminal identification and investigation in accordance	4362
with section 109.572 of the Revised Code and pursuant to a request	4363
made under division (A) of this section is not a public record for	4364
the purposes of section 149.43 of the Revised Code and shall not	4365
be made available to any person other than the person who is the	4366
subject of the criminal records check or the person's	4367
representative, the director of job and family services, the	4368
director of a county department of job and family services, the	4369
center, type A home, or type B home involved, and any court,	4370
hearing officer, or other necessary individual involved in a case	4371
dealing with a denial of licensure or certification related to the	4372
criminal records check.	4373

(G) The director of job and family services shall adopt rules	4374
pursuant to Chapter 119. of the Revised Code to implement this	4375
section, including rules specifying exceptions to the prohibition	4376
in division (D) of this section for persons who have been	4377
convicted of an offense listed in that division but who meet	4378
standards in regard to rehabilitation set by the department.	4379

(H) As used in this section:

4380

(1) "Criminal, "criminal records check" has the same meaning	4381
as in section 109.572 of the Revised Code.	4382

(2) "Minor drug possession offense" has the same meaning as	4383
in section 2925.01 of the Revised Code.	4384

Sec. 5104.022. The department of job and family services	4385
shall not license a prospective type A family day-care home if	4386
that prospective family day-care home is certified to be a foster	4387
home or specialized foster home pursuant to Chapter 5103. of the	4388
Revised Code. A county department of job and family services shall	4389
not certify a prospective type B family day-care home if that	4390
prospective family day-care home is certified to be a specialized	4391
foster home pursuant to Chapter 5103. of the Revised Code.	4392

Sec. 5104.09.  (A)(1) Except as provided in rules adopted	4393
pursuant to division (D) of this section:	4394

(a) No, no individual who has been convicted of or pleaded	4395
guilty to a violation described in division (A)(9) of section	4396
109.572 of the Revised Code, a violation of section 2903.01,	4397
2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16,	4398
2903.21, 2903.22, 2903.34, 2905.01, 2905.02, 2905.04, 2905.05,	4399
2905.11, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07,	4400
2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31,	4401
2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, 2909.04,	4402
2909.05, 2911.01, 2911.02, 2911.11, 2911.12, 2917.01, 2917.02,	4403
2917.03, 2917.31, 2919.12, 2919.24, 2919.25, 2921.03, 2921.34, or	4404
2921.35, 2923.12, 2923.13, 2923.161, 2919.22, 2925.02, 2925.03,	4405
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a	4406
violation of section 2925.11 of the Revised Code that is not a	4407
minor drug possession offense, as defined in section 2925.01 of	4408
the Revised Code, felonious sexual penetration in violation of	4409
former section 2907.12 of the Revised Code, or a violation of an	4410
existing or former law or ordinance of any municipal corporation,	4411
this state, any other state, or the United States that is	4412
substantially equivalent to any of those violations shall be	4413
certified as an in-home aide or be employed in any capacity in or	4414
own or operate a child day-care center, type A family day-care	4415
home, type B family day-care home, or certified type B family	4416
day-care home.	4417

(b) No individual who has been convicted of or pleaded guilty	4418
to a violation of section 2913.02, 2913.03, 2913.04, 2913.041,	4419
2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 2913.33,	4420
2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 2913.441,	4421
2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11, 2921.13, or	4422
2923.01 of the Revised Code, a violation of section 2923.02 or	4423
2923.03 of the Revised Code that relates to a crime specified in	4424
this division or division (A)(1)(a) of this section, a second	4425
violation of section 4511.19 of the Revised Code within five years	4426
of the date of operation of the child day-care center or family	4427
day-care home, or two violations of section 4511.19 of the Revised	4428
Code during operation of the center or home, or a violation of an	4429
existing or former law of this state, any other state, or the	4430
United States that is substantially equivalent to any of those	4431
violations shall be certified as an in-home aide or be employed in	4432
any capacity in or own or operate a child day-care center, type A	4433
family day-care home, type B family day-care home, or certified	4434
type B family day-care home.	4435

(2) Each employee of a child day-care center and type A home	4436
and every person eighteen years of age or older residing in a type	4437
A home shall sign a statement on forms prescribed by the director	4438
of job and family services attesting to the fact that the employee	4439
or resident person has not been convicted of or pleaded guilty to	4440
any offense set forth in division (A)(1)(a) of this section and	4441
that no child has been removed from the employee's or resident	4442
person's home pursuant to section 2151.353 of the Revised Code.	4443
Each licensee of a type A home shall sign a statement on a form	4444
prescribed by the director attesting to the fact that no person	4445
who resides at the type A home and who is under the age of	4446
eighteen has been adjudicated a delinquent child for committing a	4447
violation of any section listed in division (A)(1)(a) of this	4448
section. The statements shall be kept on file at the center or	4449
type A home.	4450

(3) Each in-home aide and every person eighteen years of age	4451
or older residing in a certified type B home shall sign a	4452
statement on forms prescribed by the director of job and family	4453
services attesting that the aide or resident person has not been	4454
convicted of or pleaded guilty to any offense set forth in	4455
division (A)(1)(a) of this section and that no child has been	4456
removed from the aide's or resident person's home pursuant to	4457
section 2151.353 of the Revised Code. Each authorized provider	4458
shall sign a statement on forms prescribed by the director	4459
attesting that the provider has not been convicted of or pleaded	4460
guilty to any offense set forth in division (A)(1)(a) or (b) of	4461
this section and that no child has been removed from the	4462
provider's home pursuant to section 2151.353 of the Revised Code.	4463
Each authorized provider shall sign a statement on a form	4464
prescribed by the director attesting to the fact that no person	4465
who resides at the certified type B home and who is under the age	4466
of eighteen has been adjudicated a delinquent child for committing	4467
a violation of any section listed in division (A)(1)(a) of this	4468
section. The statements shall be kept on file at the county	4469
department of job and family services.	4470

(4) Each administrator and licensee of a center or type A	4471
home shall sign a statement on a form prescribed by the director	4472
of job and family services attesting that the administrator or	4473
licensee has not been convicted of or pleaded guilty to any	4474
offense set forth in division (A)(1)(a) or (b) of this section and	4475
that no child has been removed from the administrator's or	4476
licensee's home pursuant to section 2151.353 of the Revised Code.	4477
The statement shall be kept on file at the center or type A home.	4478

(B) No in-home aide, no administrator, licensee, authorized	4479
provider, or employee of a center, type A home, or certified type	4480
B home, and no person eighteen years of age or older residing in a	4481
type A home or certified type B home shall withhold information	4482
from, or falsify information on, any statement required pursuant	4483
to division (A)(2), (3), or (4) of this section.	4484

(C) No administrator, licensee, or child-care staff member	4485
shall discriminate in the enrollment of children in a child	4486
day-care center upon the basis of race, color, religion, sex, or	4487
national origin.	4488

(D) The director of job and family services shall adopt rules	4489
pursuant to Chapter 119. of the Revised Code to implement this	4490
section, including rules specifying exceptions to the prohibition	4491
in division (A)(1) of this section for persons who have been	4492
convicted of an offense listed in that division but meet	4493
rehabilitation standards set by the department.	4494

Sec. 5104.30.  (A) The department of job and family services	4495
is hereby designated as the state agency responsible for	4496
administration and coordination of federal and state funding for	4497
publicly funded child care in this state. Publicly funded child	4498
care shall be provided to the following:	4499

(1) Recipients of transitional child care as provided under	4500
section 5104.34 of the Revised Code;	4501

(2) Participants in the Ohio works first program established	4502
under Chapter 5107. of the Revised Code;	4503

(3) Individuals who would be participating in the Ohio works	4504
first program if not for a sanction under section 5107.16 of the	4505
Revised Code and who continue to participate in a work activity,	4506
developmental activity, or alternative work activity pursuant to	4507
an assignment under section 5107.42 of the Revised Code;	4508

(4) A family receiving publicly funded child care on October	4509
1, 1997, until the family's income reaches one hundred fifty per	4510
cent of the federal poverty line;	4511

(5) Subject to available funds, other individuals determined	4512
eligible in accordance with rules adopted under section 5104.38 of	4513
the Revised Code.	4514

The department shall apply to the United States department of	4515
health and human services for authority to operate a coordinated	4516
program for publicly funded child care, if the director of job and	4517
family services determines that the application is necessary. For	4518
purposes of this section, the department of job and family	4519
services may enter into agreements with other state agencies that	4520
are involved in regulation or funding of child care. The	4521
department shall consider the special needs of migrant workers	4522
when it administers and coordinates publicly funded child care and	4523
shall develop appropriate procedures for accommodating the needs	4524
of migrant workers for publicly funded child care.	4525

(B) The department of job and family services shall	4526
distribute state and federal funds for publicly funded child care,	4527
including appropriations of state funds for publicly funded child	4528
care and appropriations of federal funds available under the child	4529
care block grant act, Title IV-A, and Title XX. The department may	4530
use any state funds appropriated for publicly funded child care as	4531
the state share required to match any federal funds appropriated	4532
for publicly funded child care.	4533

(C) In the use of federal funds available under the child	4534
care block grant act, all of the following apply:	4535

(1) The department may use the federal funds to hire staff to	4536
prepare any rules required under this chapter and to administer	4537
and coordinate federal and state funding for publicly funded child	4538
care.	4539

(2) Not more than five per cent of the aggregate amount of	4540
the federal funds received for a fiscal year may be expended for	4541
administrative costs.	4542

(3) The department shall allocate and use at least four per	4543
cent of the federal funds for the following:	4544

(a) Activities designed to provide comprehensive consumer	4545
education to parents and the public;	4546

(b) Activities that increase parental choice;

4547

(c) Activities, including child care resource and referral	4548
services, designed to improve the quality, and increase the	4549
supply, of child care.	4550

(4) The department shall ensure that the federal funds will	4551
be used only to supplement, and will not be used to supplant,	4552
federal, state, and local funds available on the effective date of	4553
the child care block grant act for publicly funded child care and	4554
related programs. A county department of job and family services	4555
may purchase child care from funds obtained through any other	4556
means.	4557

(D) The department shall encourage the development of	4558
suitable child care throughout the state, especially in areas with	4559
high concentrations of recipients of public assistance and	4560
families with low incomes. The department shall encourage the	4561
development of suitable child care designed to accommodate the	4562
special needs of migrant workers. On request, the department,	4563
through its employees or contracts with state or community child	4564
care resource and referral service organizations, shall provide	4565
consultation to groups and individuals interested in developing	4566
child care. The department of job and family services may enter	4567
into interagency agreements with the department of education, the	4568
board of regents, the department of development, and other state	4569
agencies and entities whenever the cooperative efforts of the	4570
other state agencies and entities are necessary for the department	4571
of job and family services to fulfill its duties and	4572
responsibilities under this chapter.	4573

The department shall develop and maintain a registry of	4574
persons providing child care. The director shall adopt rules	4575
pursuant to Chapter 119. of the Revised Code establishing	4576
procedures and requirements for the registry's administration.	4577

(E)(1) The director shall adopt rules in accordance with	4578
Chapter 119. of the Revised Code establishing both of the	4579
following:	4580

(a) Reimbursement ceilings for providers of publicly funded	4581
child care;	4582

(b) A procedure for reimbursing and paying providers of	4583
publicly funded child care.	4584

(2) In establishing reimbursement ceilings under division	4585
(E)(1)(a) of this section, the director shall do all of the	4586
following:	4587

(a) Use the information obtained under division (B)(3) of	4588
section 5104.04 of the Revised Code;	4589

(b) Establish an enhanced reimbursement ceiling for providers	4590
who provide child care for caretaker parents who work	4591
nontraditional hours;	4592

(c) For a type B family day-care home provider that has	4593
received limited certification pursuant to rules adopted under	4594
division (G)(1) of section 5104.011 of the Revised Code, establish	4595
a reimbursement ceiling that is the following:	4596

(i) If the provider is a person described in division	4597
(G)(1)(a)(i) of section 5104.011 of the Revised Code, seventy-five	4598
per cent of the reimbursement ceiling that applies to a type B	4599
family day-care home certified by the same county department of	4600
job and family services pursuant to section 5104.11 of the Revised	4601
Code;	4602

(ii) If the provider is a person described in division	4603
(G)(1)(b)(a)(ii) of section 5104.011 of the Revised Code, sixty	4604
per cent of the reimbursement ceiling that applies to a type B	4605
family day-care home certified by the same county department	4606
pursuant to section 5104.11 of the Revised Code.	4607

(3) In establishing reimbursement ceilings under division	4608
(E)(1)(a) of this section, the director may establish different	4609
reimbursement ceilings based on any of the following:	4610

(a) Geographic location of the provider;

4611

(b) Type of care provided;

4612

(c) Age of the child served;

4613

(d) Special needs of the child served;

4614

(e) Whether the expanded hours of service are provided;

4615

(f) Whether weekend service is provided;

4616

(g) Whether the provider has exceeded the minimum	4617
requirements of state statutes and rules governing child care;	4618

(h) Any other factors the director considers appropriate.

4619

Section 2.  That existing sections 109.57, 109.572, 109.60,	4620
109.99, 2151.413, 2151.414, 2151.417, 2151.419, 2151.421,	4621
2151.424, 2151.86, 3107.033, 3107.034, 3107.14, 5101.13, 5101.132,	4622
5101.134, 5103.03, 5103.0319, 5103.0326, 5103.16, 5103.18,	4623
5104.011, 5104.012, 5104.013, 5104.09, and 5104.30 of the Revised	4624
Code are hereby repealed.	4625

Section 3. (A) In addition to the actions authorized by	4626
section 5101.24 of the Revised Code, not later than thirty days	4627
after the effective date of this act, the Director of Job and	4628
Family Services shall convene a work group to study and make	4629
recommendations to the Director regarding both of the following:	4630

(1) Support for positive child and family outcomes offered to	4631
public children services agencies, private child placing agencies,	4632
and private noncustodial agencies by the Department of Job and	4633
Family Services;	4634

(2) The establishment of fines and sanctions for public	4635
children services agencies, private child placing agencies, and	4636
private noncustodial agencies that do not comply with foster care	4637
related laws or rules.	4638

(B) The work group shall include representatives of public	4639
children services agencies, private child placing agencies,	4640
private noncustodial agencies, the Ohio Family Care Association,	4641
the Ohio Association of Child Caring Agencies, the Public Children	4642
Services Association of Ohio, the Ohio Job and Family Services	4643
Directors' Association, the County Commissioners' Association of	4644
Ohio, foster caregivers, and current and former foster children.	4645

(C) The work group shall prepare a report that contains	4646
recommendations regarding Department support for local agencies	4647
and the establishment of fines and sanctions either in law, rule,	4648
or both. The work group shall submit the report not later than	4649
June 30, 2008, to the Director. The Director shall review the	4650
recommendations and create an executive summary of the	4651
recommendations and submit the summary to the Governor, the	4652
Speaker of the House of Representatives, and the President of the	4653
Senate. The work group shall cease to exist upon submission of the	4654
executive summary.	4655

Section 4. Until the Uniform Statewide Automated Child	4656
Welfare Information System established under section 5101.13 of	4657
the Revised Code is implemented statewide by all public children	4658
services agencies as described in section 5153.02 of the Revised	4659
Code, agencies or persons required to include a summary report	4660
pursuant to section 3107.033 or 5103.18 of the Revised Code shall	4661
request a check of the Ohio Central Registry of Abuse and Neglect	4662
from the Department of Job and Family Services regarding any	4663
prospective foster parent and any person eighteen years of age or	4664
older who resides with the prospective foster parent or regarding	4665
any prospective adoptive parent and any person eighteen years of	4666
age or older who resides with the prospective adoptive parent,	4667
whichever is applicable, to enable the agency or person to check	4668
any child abuse and neglect registry maintained by any state in	4669
which the prospective foster parent, the prospective adoptive	4670
parent, or the person eighteen years of age or older who resided	4671
with the prospective foster parent or prospective adoptive parent	4672
has resided in the preceding five years. After the Uniform	4673
Statewide Automated Child Welfare Information System established	4674
under section 5101.13 of the Revised Code is implemented statewide	4675
by all public children services agencies as described in section	4676
5153.02 of the Revised Code, all private agencies, as defined in	4677
section 5103.02 of the Revised Code, shall request a check of that	4678
System by the Department of Job and Family Services until the	4679
private agency can access the System and conduct its own search.	4680

Section 5.  Section 109.572 of the Revised Code is presented	4681
in this act as a composite of the section as amended by both Am.	4682
Sub. S.B. 185 and Am. Sub. S.B. 238 of the 126th General Assembly.	4683
Section 2151.86 of the Revised Code is presented in this act as a	4684
composite of the section as amended by both Am. Sub. H.B. 106 and	4685
Am. Sub. H.B. 117 of the 125th General Assembly. The General	4686
Assembly, applying the principle stated in division (B) of section	4687
1.52 of the Revised Code that amendments are to be harmonized if	4688
reasonably capable of simultaneous operation, finds that the	4689
composites are the resulting versions of the sections in effect	4690
prior to the effective date of the sections as presented in this	4691
act.	4692